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Proof of Publication_City Council Proceedings 12 20 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Lynch. Resnick, City Manager Van Milligen, City At- torney Lindahl Absent: Council Mem- bers Jones and Voetberg Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in ac- cordance with Chapter 21.5(1)(c)(j) Code of;o- wa. Motion by Lynch at 5:31 p.m. to go into closed session to dis- cuss pending litigation pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 5 -0. Upon motion at 5:59 p.m. the City Council reconvened in open session stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council a inurnad at Rgn nm_ and Resolution No. 463- 10 Accepting the Woodland Drive Storm Sewer Project and au- thorizing payment of the contract amount to the contractor was adopted. Historic Shot Tower - Phase I Project: City Manager recommend- ing acceptance of the Historic Shot Tower - Phase I Project as com- pleted by Klauer Con- struction Company in the final contract amount of $642,238.00. Upon motion the docu- ments were received and filed and Resolu- tion No. 464 -10 Accept- ing the Historic Shot Tower - Phase I Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Water Pollution Con- trol Plant: City Manag- er recommending ap- proval to raise Miron Construction Compa- ny's contract limit to $1 Million for the Water Pollution Control Plant, Mercury Spill at Trick- ling Filters Clean -Up Project. Upon motion the documents were received, filed, and ap- proved. Acquisition of Proper- ty - Bee Branch Creek Restoration Project: City Manager recom- mending approval of the acquisition of prop- erty at 2356 Washing- ton Street for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 465- 10 Approving the ac- quisition of real estate owned by Steven R. and Sue A. Boelk in the City of Dubuque was adopted. B & C Cathedral De- velopment, LLC and United Clinical Labora- tories, Inc. Irrevocable License: City Manager recommending appro- val of Irrevocable Li- censes for B & C Cathe- dral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right -of -way of Bluff and Emmett Streets. Upon motion the docu- ments were received, filed, and approved. Wild Rose Place - Plat of Survey: Zoning Advi- sory Commission rec- ommending approval of the Plat of Survey of Wild Rose Place. Upon motion the documents were received and filed and Resolution No. 466- 10 Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa, was adopted. Historic Millwork Dis- trict Parking Lot De- sign: City Manager rec- ommending approval of the selection of MSA Professional Services to design two parking lots in the Historic Mill- work District. Upon motion the documents were received and filed and Resolution No. 467- 10 Awarding contract was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sitions of Recreation Program Supervisor, Environmental Engi- neer and Firefighter. Upon motion the docu- ments were received, filed and made a Mat- Acknowledgement /Set tlement Agreement for a first offense tobacco compliance violation for Kwik Stop Food Mart, 2390 Central Ave- nue. Upon motion the documents were re- ceived, filed, and ap- proved. 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- cess Equipment and Facilities to the City of Dubuque for up to $8,600 for a motion - controlled camera dol- ly component for the camBlock time lapse system. Upon motion the documents were received, filed, and ap- proved. Citizen Communica- tion: Communication from Marion Martin Pliner, 2690 Marywood Drive, regarding the school bus stop at the corner of Marywood and John F. Kennedy Road. Motion by Con- nors to receive, file and refer to the City Man- ager. Seconded by Resnick. City Manager Van Milligen stated that Ms. Pliner would receive a response. Motion carried 6 -0. Upper Bee Branch Creek Restoration Proj- ect: City Manager rec- ommending approval of a Green Project funding application submitted to the Iowa Department of Natural Resources (IDNR) for the Upper Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived, filed, and ap- proved. Jane Doe v. Yager: City Manager recom- mending approval of the settlement in the case captioned "City of Dubuque on behalf of Jane Doe v. Yager ". Upon motion the docu- ments were received, filed, and approved. Community Develop- ment Advisory Com- mission Liaison: City Manager recommend- ing approval of the ap- pointment of Housing Commissioner Ricardo Woods as liaison to the Community Develop- ment Advisory Com- mission. Upon motion the documents were received, filed, and ap- proved. U.S. Department of the Interior - National Park Service: Commu- nication from Rachel Weekley, U.S. Depart- ment of the Interior - National Park Service, regarding the Biennial Report for the Historic Federal Building. Upon motion the document was received and filed. American Recovery and Reinvestment Act: City Manager transmit- ting the City's latest update on local efforts to obtain federal grants through the American Recovery and Reinvestment Act. Upon motion the docu- ments were received and filed. Northeast Iowa Com- munity College: Com- munication from North- east Iowa Community College thanking the Commissions: Human Rights Com- mission: Three 3 -year terms through January 1, 2014 (Terms of Da- vis, Scott, , and Rubenstein); One 3- year term through Jan- uary 1, 2013 (Term of Sharrad); and One 3- year term through Jan- uary 1, 2012 (Term of Wilberding). Applicants: Andrea Beacham, 1749 Churchill Drive (Addi- tional Applicant); Fred- erick Davis, Jr., 2274�Y2 Washington Street; Mi- chael Elliott, 301 S. Grandview Avenue (Additional Applicant); Megan Gloss, 1130 Main Street (Additional Applicant); Kurt Han- sen, 511 Nocturnal Lane; and Marcos Rubinstein, 663 Fene- lon Place. Upon roll -call vote, Andrea Beacham, Mi- chael Elliot and Megan Gloss were appointed to 3 -year terms through January 1, 2014. Frederick Davis, Jr., was appointed to a 3 -year term through January 1, 2013; and Kurt Hansen was ap- pointed to a 3 -year term through January 1, 2012. Mediacom Cultural Affairs Charitable Foundation: Two 1- year terms through De- cember 31, 2011 (Terms of Chavenelle and Twining). Appli- cants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining, 421 N. Booth Street. Motion by Braig to appoint Gail Chavenelle and Connie Twining to the Mediacom Cultural Af- fairs Charitable Foun- dation for 1 -year terms through December 31, 2011. Seconded by Connors. Motion car- ried 6 -0. Safe Community Advi- sory Committee: Nine 1 -year terms through December 31, 2011. Ap- plicants: Anthony Al- len, 1725 Delhi Street; Mary Rae Bragg, 350 Kaufmann Avenue; Di- ane Callahan, 531 Sap- phire Circle; Jonathan Cheatham, 2396 Uni- versity Avenue; Rachel Daack, 800 Laurel Street; Amanda Elkins, 2257 Chaney Road; Ann Ernst, 899 Mt. Carmel Road; Phil French, 1035 Rockdale Road; Bob Lanka, 2280 Jackson Street; Doug Stillings, 1255 Locust Street; Susan Stork, 2115 Gold- en Eagle Drive; and Lynn Sutton, 876 Yale Court. Upon roll -call vote, Anthony Allen, Mary itae Bragg, Diane Calla- han, Jonathan Cheatham, Rachel Daack, Ann Ernst, Doug Stillings, Susan Stork, and Lynn Sutton were appointed to 1 -year terms through Decem- ber 31, 2011. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Historic Millwork Dis- trict Complete Streets Project: Proof of publi- cation of notice of pub- lic hearing to consider approval of the plans and specifications, form of contract, esti- mated cost and Resolu- tion of Necessity for the Historic Millwork District Complete que Metropolitan Area Solid Waste Agency (DMASWA) to rezone property located on U.S. Highway 20 West from County A -1 Agri- cultural District, Coun- ty R -1 Rural Residential District and City AG Agricultural District to City HI Heavy Industri- al District, with condi- tions, in conjunction with annexation and Zoning Advisory Com- mission recommending approval. 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. Second- ed by Lynch. Planning Services Manager Laura Carstens provid- ed a staff report. Dan Gotto, 15265 Briarwood Drive, Peosta, stated that he was not made aware of the request and had concerns, which included In- creased truck traffic and noise as the land- fill encroaches on the neighboring subdivi- sions. Responding to questions from City Council, Carstens stat- ed that property own- ers within 200 feet of the proposed request were notified in ac- cordance with and in excess of state and lo- cal requirements. Pub- lic Works Director Don Vogt stated that the landfill has been in ex- istence since 1976 and is already a regional landfill jointly operated by the City of Dubuque and Dubuque County with contracts /cus- tomers in Delaware, Jo Davless, and Jackson Counties. He added that additional expan- sion and cells are plan- ned and that state law dictates many of the landfills operations. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 61 -10 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located on U.S. High- way 20 West from County A -1 Agricultural District, County R -1 Ru- ral Residential District and City AG Agricultur- al District to City HI Heavy Industrial Dis- trict, with Conditions. Seconded by Braig. Motion carried 6 -0. Request to Annex - Dubuque Metropolitan Area Solid Waste Agen- cy (Tabled from No- vember 15, 2010 City Council Meeting): Proof of publication on notice of public hear- ing to consider a re- quest from the Dubu- que Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 178.29 acres of property on the west side of the City of Du- buque and City Manag- er recommending ap- proval. Motion by Con- nors to remove from the table. Seconded by Resnick. Motion car- ried 6 -0. Motion by Connors to receive and file the documents and adopt passage of Ordinance No. 63 -10 Amending the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ar- ticle 2, Definitions, to modify definitions of Resource /Recycling Center, and amend Ar- ticle 5, Zoning Districts, to eliminate outdoor resource recovery/ re- cycling center. Second- ed by Connors. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Washington Neigh- borhood Conservation District: City Manager recommending appro- val of expansion of the Washington Neighbor- hood Conservation Dis- trict to encompass the entire neighborhood and that this be refer- red to the Historic Preservation Commis- sion so they can hold a public hearing and pro- vide a recommenda- tion to the City Council. 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. Second- ed by Braig. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 64 -10 Establishing a moratorium on the is- suance of demolition permits in the Wash- ington Street Neigh- borhood Conservation District. Seconded by Braig. Motion carried 6 -0. IBM Joint Develop- ment Agreement - Amendment No. 2: City Manager recommend- ing approval of an amendment to the ex- isting IBM Joint Devel- opment Agreement on Smarter Water. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion car- ried 6 -0. Ordinance Changes - Through Streets, Stop/Yield Intersec- tions: City Manager recommending appro- val of changes to the City of Dubuque Code of Ordinances involv- ing stop intersections, yield intersections and through streets. 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. Second- ed by Jones. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 65 -10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 Gen- eral Provisions, Section 9 -1 -321.1 Definitions by amending the defini- tion of through (or thru) highway; Amend- ing Chapter 7 Opera- tion, Section 9 -7- 321.321 Entering Smart Planning Grant Agreement. Seconded by Lynch. Motion car- ried 6 -0. Bee Branch Creek Re- storation Project - Ad- ditional Property Ac- quisitions: City Manag- er recommending ap- proval of the acquisi- tion of additional prop- erty for the Bee Branch Creek Restoration Proj- ect. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. City Manger Van Milligen clarified the details and costs of the project's different op- tions as they related to soil excavation, proper- ty acquisition, and new facilities. Motion car- ried 6 -0. Fiscal Year 2012 Poli- cy Guidelines: City Manager recommend- ing approval of the Pol- icy Guidelines for Fis- cal Year 2012. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Braig. Jones voiced objection to item #10 relating to salary increases over the amount budgeted for salaries as he be- lieves it Is the defini- tion of bad -faith bar- gaining. Resnick stated that citizens are al- ready facing financial hardships, questioned the meaning of the City Council's priorities, and believed a lesser increase could be ach- ieved. Connors agreed that the increase was due largely to in- creased pension costs and is mandated by the state, which takes it out of the City's con- trol. Lynch stated he is frustrated over other taxing authorities but depends upon the City Manager and Budget Director's judgment. Braig stated that she is aware of how hard staff works to keep costs low, but city services come with a price and the tax in- crease isn't a signifi- cant hardship. Buol stated that over the years he has served on the City Council, he has always tried to keep costs down and de- pends upon the Council and staffs visioning. He added that city services take a tremen- dous financial outlay and citizens have grown used to a cer- tain level of service. Motion carried 5 -1 with Resnick voting nay. There being no fur- ther business, upon motion the City Council adjourned at 8:17 p.m. /s /Kevin S. Firnstahl Assistant City Clerk It 12/29 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: December 29, 2010, and for which the charge is $360.73. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7 9� day of , 20 /D , Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Ex.. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Lynch, Resnick, City Manager Van Milligen, City At- torney Lindahl Absent: Council Mem- bers Jones and Voetberg Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in ac- cordance with Chapter 21.5(1)(c)(j) Code of Io- wa. Motion by Lynch at 5:31 p.m. to go into closed session to dis- cuss pending litigation pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 5-0. Upon motion at 5:59 p.m. the City Council and Resolution No. 463- 10 Accepting the Woodland Drive Storm Sewer Project and au- thorizing payment of the contract amount to the contractor was adopted. Historic Shot Tower - Phase I Project: City Manager recommend- ing acceptance of the Historic Shot Tower - Phase I Project as com- pleted by Klauer Con- struction Company in the final contract amount of $642,238.00. Upon motion the docu- ments were received and filed and Resolu- tion' No. 464-10 Accept- ing the Historic Shot Tower - Phase I Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Water Pollution Con- trol Plant: City Manag- er recommending ap- proval to raise Miron Construction Compa- ny's contract limit to $1 Million for the Water Pollution Control Plant, Mercury Spill at Trick- ling Filters Clean -Up Project. Upon motion the documents were received, filed, and ap- proved. Acquisition of Proper- ty - Bee Branch Creek Restoration Project: City Manager recom- mending approval of the acquisition of prop- erty at 2356 Washing- ton Street for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 465- 10 Approving the ac- quisition of real estate owned by Steven R. and Sue A. Boelk in the City of Dubuque was adopted. B & C Cathedral De- velopment, LLC and United Clinical Labora- tories, Inc. Irrevocable License: City Manager recommending appro- val of Irrevocable Li- censes for B & C Cathe- dral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right-of-way of Bluff and Emmett Streets. Upon motion the docu- ments were received, filed, and approved. Wild Rose Place - Plat of Survey: Zoning Advi- sory Commission rec- ommending approval of the Plat of Survey of Wild RosePlace. Upon motion the documents were received and filed and Resolution No. 466- 10 Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa, was adopted. Historic Millwork Dis- trict Parking Lot De- sign: City Manager rec- ommending approval of the selection of MSA Professional Services to design two parking lots in the Historic Mill- work District. Upon motion the documents were received and filed and Resolution No. 467- 10 Awarding contract was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the Acknowledgement/Set tlement Agreement for a first offense tobacco compliance violation for Kwik Stop Food Mart, 2390 Central Ave- nue. Upon motion the documents were re- ceived, filed, and ap- proved. 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- cess Equipment and Facilities to the City of Dubuque for up to $8,600 for a motion - controlled camera dol- ly component for the camBlock time lapse system. Upon motion the documents were received, filed, and ap- proved. Citizen Communica- tion: Communication from Marion, Martin Pliner, 2690 Marywood Drive, regarding the school bus stop at the corner of Marywood and John F. Kennedy Road. Motion by Con- nors to receive, file and refer to the City Man- ager. Seconded by Resnick. City Manager Van Milligen stated that Ms. Pliner would receive a response. Motion carried 6-0. Upper Bee Branch Creek Restoration Proj- ect: City Manager rec- ommending approval of a Green Project funding application submitted to the Iowa Department of Natural Resources (IDNR) for the Upper Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived, filed, and ap- proved. Jane Doe v. Yager: City Manager recom- mending approval of the settlement in the case captioned "City of Dubuque on behalf of Jane Doe v. Yager". Upon motion the docu- ments were received, filed, and approved. Community Develop- ment Advisory Com- mission Liaison: City Manager recommend- ing approval of the ap- pointment of Housing Commissioner Ricardo Woods as liaison to the Community Develop- ment Advisory Com- mission. Upon motion the documents were received, filed, and ap- proved. U.S. Department of the Interior - National Park. Service: Commu- nication from Rachel Weekley, U.S. Depart- ment of the Interior - National Park Service, regarding the Biennial Report for the Historic Federal Building. Upon motion the document was received and filed. American Recovery and Reinvestment Act: City Manager transmit- ting the City's latest update on local efforts to obtain federal grants through the American Recovery and Reinvestment Act. Commissions: Human Rights Com- mission: Three 3-year terms through January 1, 2014 (Terms of Da- vis, Scott, , and Rubenstein); One 3- year term through Jan- uary 1, 2013 (Term of Sharrad); and One 3- year term through Jan- uary 1, 2012 (Term of Wilberding). Applicants: Andrea Beacham, 1749 Churchill Drive (Addi- tional Applicant); Fred- erick Davis, Jr., 2274'Y2 Washington Street; Mi- chael Elliott, 301 S. Grandview Avenue (Additional Applicant); Megan Gloss, 1130 Main Street (Additional Applicant); Kurt Han- sen, 511 Nocturnal Lane; and Marcos Rubinstein, 663 Fene- lon Place. Upon roll -call vote, Andrea Beacham, Mi- chael Elliot and Megan Gloss were appointed to 3-year terms through January 1, 2014. Frederick Davis, Jr., was appointed to a 3-year term through January 1, 2013; and Kurt Hansen was ap- pointed to a 3-year term through January 1, 2012. Mediacom Cultural Affairs Charitable Foundation: Two 1- year terms through De- cember 31, 2011 (Terms of Chavenelle and Twining). Appli- cants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining, 421 N. Booth Street. Motion by Braig to appoint Gail Chavenelle and Connie Twining to the Mediacom Cultural Af- fairs Charitable Foun- dation for 1-year terms through December 31, 2011. Seconded by Connors. Motion car- ried 6-0. Safe Community Advi- sory Committee: Nine 1-year terms through December 31, 2011. Ap- plicants: Anthony Al- len, 1725 Delhi Street; Mary Rae Bragg, 350 Kaufmann Avenue; Di- ane Callahan, 531 Sap- phire Circle; Jonathan Cheatham, 2396 Uni- versity Avenue; Rachel Daack, 800 Laurel Street; Amanda Elkins, 2257 Chaney Road; Ann Ernst, 899 Mt. Carmel Road; Phil French, 1035 Rockdale Road; Bob Lanka, 2280 Jackson Street; Doug Stillings, 1255 Locust Street; Susan Stork, 2115 Gold- en Eagle Drive; and Lynn Sutton, 876 Yale Court. Upon roll -call vote, Anthony Allen, Mary Ffae Bragg, Diane Calla- han, Jonathan Cheatham, Rachel Daack, Ann Ernst, Doug Stillings, Susan Stork, and Lynn Sutton were appointed to 1-year terms through Decem- ber 31, 2011. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Historic Millwork Dis- trict Complete Streets Project: Proof of publi- cation of notice of pub- que Metropolitan Area Solid Waste Agency (DMASWA) to rezone property located on U.S. Highway 20 West from County A-1 Agri- cultural District, Coun- ty R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industri- al District, with condi- tions, in conjunction with annexation and Zoning Advisory Com- mission recommending approval. 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. Second- ed by Lynch. Planning Services Manager Laura Carstens provid- ed a staff report. Dan Gotto, 15265 Briarwood Drive, Peosta, stated that he was not made aware of the request and had concerns, which included in- creased truck traffic and noise as the land- fill encroaches on the neighboring subdivi- sions. Responding to questions from City Council, Carstens stat- ed that property own- ers within 200 feet of the proposed request were notified in ac- cordance with and in excess of state and lo- cal requirements. Pub- lic Works Director Don Vogt stated that the landfill has been in ex- istence since 1976 and is already a regional landfill jointly operated by the City of Dubuque and Dubuque County with contracts/cus- tomers in Delaware, Jo Daviess, and Jackson Counties. He added that additional expan- sion and cells are plan- ned and that state law dictates many of the landfills operations. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 61-10 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located on U.S. High- way 20 West from County A-1 Agricultural District, County R-1 Ru- ral Residential District and City AG Agricultur- al District to City HI Heavy Industrial Dis- trict, with conditions. Seconded by Braig. Motion carried 6-0. Request to Annex - Dubuque Metropolitan Area Solid Waste Agen- cy (Tabled from No- vember 15, 2010 City Council Meeting): Proof of publication on notice of public hear- ing to consider a re- quest from the Dubu- que Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 178.29 acres of property on the west side of the City of Du- buque and City Manag- er recommending ap- passage of Ordinance No. 63-10 Amending the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ar- ticle 2, Definitions, to modify definitions of Resource/Recycling Center, and amend Ar- ticle 5, Zoning Districts, to eliminate outdoor resource recovery/ re- cycling center. Second- ed by Connors. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Washington Neigh- borhood Conservation District: City Manager recommending appro- val of expansion of the Washington Neighbor- hood Conservation Dis- trict to encompass the entire neighborhood and that this be refer- red to the Historic Preservation Commis- sion so they can hold a public hearing and pro- vide a recommenda- tion to the City Council. 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. Second- ed by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 64-10 Establishing a moratorium on the is- suance of demolition permits in the Wash- ington Street Neigh- borhood Conservation District. Seconded by Braig. Motion carried 6-0. IBM Joint Develop- ment Agreement - Amendment No. 2: City Manager recommend- ing approval of an amendment to the ex- isting IBM Joint Devel- opment Agreement on Smarter Water. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion car- ried 6-0. Ordinance Changes - Through Streets, Stop/Yield Intersec- tions: City Manager recommending appro- val of changes to the City of Dubuque Code of Ordinances involv- ing stop intersections, yield intersections and through streets. 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. Second- ed by Jones. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 65-10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 Gen - Smart Planning Grant Agreement. Seconded by Lynch. Motion car- ried 6-0. Bee Branch Creek Re- storation Project - Ad- ditional Property Ac- quisitions: City Manag- er recommending ap- proval of the acquisi- tion of additional prop- erty for the Bee Branch Creek Restoration Proj- ect. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. City Manger Van Milligen clarified the details and costs of the project's different op- tions as they related to soil excavation, proper- ty acquisition, and new facilities. Motion car- ried 6-0. Fiscal Year 2012 Poli- cy Guidelines: City Manager recommend- ing approval of the Pol- icy Guidelines for Fis- cal Year 2012. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Braig. Jones voiced objection to item #10 relating to salary increases over the amount budgeted for salaries as he be- lieves it is the defini- tion of bad -faith bar- gaining. Resnick stated that citizens are al- ready facing financial hardships, questioned the meaning of the City Council's priorities, and believed a lesser increase could be ach- ieved. Connors agreed that the increase was due largely to in- creased pension costs and is mandated by the state, which takes it out of the City's con- trol. Lynch stated he is frustrated over other taxing authorities but depends upon the City Manager and Budget Director's judgment. Braig stated that she is aware of how hard staff works to keep costs low, but city services come with a price and the tax in- crease isn't a signifi- cant hardship. Buol stated that over the years he has served on the City Council, he has always tried to keep costs down and de- pends upon the Council and staff's visioning. He added that city services take a tremen- dous financial outlay and citizens have grown used to a cer- tain level of service. Motion carried 5-1 with Resnick voting nay. There being no fur- ther business, upon motion the City Council adjourned at 8:17 p.m. /s/Kevin S. Firnstahl Assistant City Clerk It 12/29 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: December 29, 2010, and for which the charge is $360.73. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 99f,, day of 4t-c/ , 20 /a . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exa. FEB, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Lynch, Resnick, City Manager Van Milligen, City At- torney Lindahl Absent: Council Mem- bers Jones and Voetberg Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in ac- cordance with Chapter 21.5(1)(c)(j) Code of Io- wa. Motion by Lynch at 5:31 p.m. to go into closed session to dis- cuss pending litigation pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 5-0. Upon motion at 5:59 p.m. the City Council reconvened in open session stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 6:00 p.m. /s/Kevin S. Firnstahl Assistant City Clerk It 12/29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones (Joined at 6:33 p.m.), 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 Mayor Buol. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Connors requested (#20) Citizen Commu- nication from Marion Martin Pliner be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 11/2; City Council of 12/15; Civil Service Commis- sion of 9/1; Community Development Advisory Commission of 12/1; Electrical Board of 11/22; Historic Preser- vation Commission Ed- ucation Task Force of 11/17 and 12/1; Human Rights Commission of 11/8; Zoning Advisory tract with the Regional Commissionnig of 12 Ad-- Transit Authority (RTA) Zoning Board of Upon for two transit vehicles justmentoiontheodocumentsoto be used by Keyline motion were received and (The Jule). Upon mo- filed. tion the documents Notice of Claims/ were received, filed, Suits: Justine Pesko for and approved. vehicle damage; Kayla Vision Iowa RECAT McLaughlin and Nicole Application: City Man- Huseman for vehicle ager recommending damage. Upon motion approval of a fund - the documents were raising campaign for received, filed and re- the Bee Branch Creek ferred to the City Attor- Restoration Project as ney. part of the Vision Iowa City Attorney advising RECAT application. that the following Upon motion the docu- claim has been refer- ments were received, red to Public Entity filed, and approved. Risk Services of Iowa, Alcohol Compliance - the agent for the Iowa Civil Penalty for Alco- Communities Assur- hol License Holders: ance Pool: Justine City Manager recom- Pesko for vehicle dam- mending approval of age. Upon motion the the Acknowledge - documents were re- ment/Settlement ceived, filed and con- Agreement for a first curred. offense alcohol compli- Woodland Drive ance violation for Storm Sewer Project: Creslanes Bowling and City Manager recom- Pro Shop, 255 South mending acceptance of Main Street. Upon mo- the Woodland Drive Lion the documents Storm Sewer Project as were received, filed, completed by McDer- and approved. mott Excavating in the Tobacco Compliance - final contract amount Civil Penalty for Tobac- of $21,942.75. Upon co License Holder: City motion the documents Manager recommend - were received and filed ing approval of the tion Project. Upon mo- ect: City Manager rec- Connie Twining, 421 N. cal requirements. Pub- final consideration and tion the documents ommending approval Booth Street. Motion lic Works Director Don passage of Ordinance were received and filed of a Green Project by Braig to appoint Gail Vogt stated that the No. 64-10 Establishing and Resolution No. 465- funding application Chavenelle and Connie landfill has been in ex- a moratorium on the is- 10 Approving the ac- submitted to the Iowa Twining to the istence since 1976 and suance of demolition quisition of real estate Department of Natural Mediacom Cultural Af- is already a regional permits in the Wash - owned by Steven R. Resources (IDNR) for fairs Charitable Foun- landfill jointly operated ington Street Neigh - and Sue A. Boelk in the the Upper Bee Branch dation for 1-year terms by the City of Dubuque borhood Conservation City of Dubuque was Creek Restoration Proj- through December 31, and Dubuque County District. Seconded by adopted. ect. Upon motion the 2011. Seconded by with contracts/cus- Braig. Motion carried B & C Cathedral De- documents were re- Connors. Motion car- tomers in Delaware, Jo 6-0. velopment, LLC and ceived, filed, and ap- ried 6-0. Daviess, and Jackson IBM Joint Develop - United Clinical Labora- proved. Safe Community Advi- Counties. He added ment Agreement - tories, Inc. Irrevocable Jane Doe v. Yager: sory Committee: Nine that additional expan- Amendment No. 2: City License: City Manager City Manager recom- 1-year terms through sion and cells are plan- Manager recommend - recommending appro- mending approval of December 31, 2011. Ap- ned and that state law ing approval of an val of Irrevocable Li- the settlement in the plicants: Anthony Al- dictates many of the amendment to the ex- censes for B & C Cathe- case captioned "City of len, 1725 Delhi Street; landfills operations. isting IBM Joint Devel- dral Development, LLC Dubuque on behalf of Mary Rae Bragg, 350 Motion carried 6-0. opment Agreement on and United Clinical Jane Doe v. Yager". Kaufmann Avenue; Di- Motion by Connors for Smarter Water. Motion Laboratories, Inc. to Upon motion the docu- ane Callahan, 531 Sap- final consideration and by Jones to receive and encroach the public ments were received, phire Circle; Jonathan passage of Ordinance file the documents and right-of-way of Bluff filed, and approved. Cheatham, 2396 Uni- No. 61-10 Amending Ti- approve the recom- and Emmett Streets. Community Develop- versity Avenue; Rachel tle 16 of the City of Du- mendation. Seconded Upon motion the docu- ment Advisory Com- Daack, 800 Laurel buque Code of Ordi- by Braig. Motion car- ments were received, filed, and approved. Wild Rose Place - Plat of Survey: Zoning Advi- sory Commission rec- ommending approval of the Plat of Survey of Wild Rose Place. Upon, motion the documents were received and filed and Resolution No. 466- 10 Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa, was adopted. Historic Millwork Dis- trict Parking Lot De- sign: City Manager rec- ommending approval of the selection of MSA Professional Services to design two parking lots in the Historic Mill- work District. Upon motion the documents were received and filed and Resolution No. 467- 10 Awarding contract was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sitions of Recreation Program Supervisor, Environmental Engi- neer and Firefighter. Upon motion the docu- ments were received, filed and made a Mat- ter of Record. Fiscal Year 2012 An- nual Tax Increment Fi- nancing (TIF) Report: City Manager transmit- ting the Fiscal Year 2012 Annual Tax Incre- ment Financing Report. Upon motion the docu- ments were received and filed. Scale Operator Posi- tion: City Manager rec- ommending approval of the elimination of one Laborer position and the creation of one Scale Operator posi- tion. Upon motion the documents were re- ceived, filed, and ap- proved. HEART YouthBuild Program: Communica- tion to the U.S. Depart- ment of Labor in sup- port of the HEART YouthBuild program application to the DOL for support through YouthBuild funding. Upon motion the docu- ments were received, filed, and approved. Housing Enterprise Zone Program Agree- ment - 44 Main Street, LLC: City Manager rec- ommending approval of a Housing Enterprise Zone Program Agree- ment for 44 Main Street, LLC, to provide 24 new market -rate housing units in the downtown area. Upon motion the documents were received and filed and Resolution No. 468- 10 Approving a Hous- ing Enterprise Zone Program Agreement by and among the Iowa Department of Eco- nomic Development, the City of Dubuque, and 44 Main Street, LLC, was adopted. Regional Transit Au- thority Contract: City Manager recommend- ing approval of a con - mission Liaison: City Manager recommend- ing approval of the ap- pointment of Housing Commissioner Ricardo Woods as liaison to the Community Develop- ment Advisory Com- mission. Upon motion the documents were received, filed, and ap- proved. U.S. Department of the Interior - National Park Service: Commu- nication from Rachel Weekley, U.S. Depart- ment of the Interior - National Park Service, regarding the Biennial Report for the Historic Federal Building. Upon motion the document was received and filed. American Recovery and Reinvestment Act: City Manager transmit- ting the City's latest update on local efforts to obtain federal grants through the American Recovery and Reinvestment Act. Upon motion the docu- ments were received and filed. Northeast Iowa Com- munity College: Com- munication from North- east Iowa Community College thanking the City and East Central Intergovernmental As- sociation for providing transportation to NICC students. Upon motion the document was re- ceived and filed. Checkout Plastic Bag Elimination: City Man- ager providing infor- mation on staff prog- ress regarding the City Council directive to eliminate checkout plastic bag usage by 2014. Upon motion the documents were re- ceived and filed. Bowling and Beyond Settlement Agreement: City Manager recom- mending approval of the Settlement Agree- ment Assessing Penal- ties for a second of- fense alcohol compli- ance violation for Bowling & Beyond Du- buque, Inc., 1860 Haw- thorne Street. Upon motion the documents were received and filed. Human Rights Com- mission: Communica- tion from Colin Scott submitting his resigna- tion from the Human Rights Commission. Street; Amanda Elkins, nances, Unified Devel- ried 6-0. 2257 Chaney Road; Ann opment Code, by Ordinance Changes - Ernst, 899 Mt. Carmel reclassifying herein- Through Streets, Road; Phil French, 1035 after described proper- Stop/Yield Intersec- Rockdale Road; Bob ty located on U.S. High- tions: City Manager Lanka, 2280 Jackson way 20 West from recommending appro- Street; Doug Stillings, County A-1 Agricultural val of changes to the 1255 Locust Street; District, County R-1 Ru- City of Dubuque Code Susan Stork, 2115 Gold- ral Residential District of Ordinances involv- en Eagle Drive; and and City AG Agricultur- ing stop intersections, Lynn Sutton, 876 Yale al District to City HI yield intersections and Court. Heavy Industrial Dis- through streets. Upon roll -call vote, trict, with conditions. Motion by Connors to Anthony Allen, Mary Seconded by Braig. receive and file the ftae Bragg, Diane Calla- Motion carried 6-0. documents and that han, Jonathan Request to Annex - the requirement that a Cheatham, Rachel Dubuque Metropolitan proposed ordinance be Daack, Ann Ernst, Doug Area Solid Waste Agen- considered and voted Stillings, Susan Stork, cy (Tabled from No- on for passage at two and Lynn Sutton were vember 15, 2010 City Council meetings prior appointed to 1-year Council Meeting): to the meeting at terms through Decem- Proof of publication on which it is to be passed ber 31; 2011. notice of public hear- be suspended. Second - PUBLIC HEARINGS ing to consider a re- ed by Jones. Motion Upon motion the rules quest from the Dubu- carried 6-0. were suspended allow- que Metropolitan Area Motion by Connors for ing anyone present to Solid Waste Agency to final consideration and address the City Coun- voluntarily annex and passage of Ordinance cil. rezone 178.29 acres of No. 65-10 Amending Historic Millwork Dis- property on the west City of Dubuque Code trict Complete Streets side of the City of Du- of Ordinances Title 9 Project: Proof of publi- buque and City Manag- Motor Vehicles and cation of notice of pub- er recommending ap- Traffic, Chapter 1 Gen- lic hearing to consider proval. Motion by Con- eral Provisions, Section approval of the plans nors to remove from 9-1-321.1 Definitions by and specifications, the table. Seconded by amending the defini- form of contract, esti- Resnick. Motion car- tion of through (or mated cost and Resolu- ried 6-0. thru) highway; Amend- tion of Necessity for Motion by Connors to ing Chapter 7 Opera - the Historic Millwork receive and file the tion, Section 9-7- District Complete documents and adopt 321.321 Entering Streets Project and Resolution No. 474-10 Through Streets by re - City Manager recom- Approving application moving streets desig- mending approval. Mo- for voluntary annexa- nated as through tion by Jones to receive tion of territory to the streets; amending and filed the docu- City of Dubuque. Chapter 7 Operation, ments and adopt Reso- Seconded by Lynch. Section 9-7-321.322 lution No. 471-10 Ap- Planning Services Man- Stop and Yield Inter- proval of plans, specifi- ager Laura Carstens sections byremoving cations, form of con- provided a staff report. intersections designat- tract, and estimated Motion carried 6-0. ed as stop and yield in - cost for the Historic Request to Rezone - tersections; and Millwork District Com- 6900, 6950 and 7000 amending Chapter 7 plete Streets Project; Pennsylvania Avenue: Operation, Section 9-7- Resolution No. 472-10 Proof of publication on 321.322A by removing Approving schedule of notice of public hear- such section. Seconded assessments and esti- ing to consider a re- by Braig. Motion car - mate of total cost for quest from the City of ried 6-0. the Historic Millwork Dubuque to rezone Neighborhood Watch: District Complete property located at City Manager transmit - Streets Project; and 6900, 6950 and 7000 ting information on the Resolution No. 473-10 Pennsylvania Avenue process being used to Resolution of Necessi- from AG Agricultural further explore the ty. Seconded by Braig. District to PUD Planned Safe Community Task Speaking on behalf of Unit Development with Force recommendation Dubuque Main Street, a PI Planned Industrial to develop a Neighbor- 1069 Main Street, Exec- District designation hood Watch Program. utive Director Dan and Zoning Advisory Motion by Lynch to re- LoBianco commended Commission recom- ceive and file the docu- the City Council and mending approval. ments. Seconded by staff for their work and Motion by Jones to re- Resnick. Connors incentives related to ceive and file the docu- thanked the City Man - the project. Respond- ments and that the re- ager and Police Chief ing to questions from quirement that a pro- Mark Dalsing for their City Council, City Man- posed ordinance be work and noted that ager Van Milligen stat- considered and voted recommendations from ed that tree plantings on for passage at two the Safe Community were not included in Council meetings prior Task Force have ap- the design because of to the meeting at peared regularly on re - the Historic Preserva- which it is to be passed cent agendas for ac- Upon motion the docu- tion Commission's con- be suspended. Second- tion by the City Coun- ment was received, cept of maintaining the ed by Braig. Planning cil. Motion carried 6-0. filed and the resigna- historic character of Services Manager Landlord Notification tion was accepted. the original millwork Laura Carstens provid- Letters: City Manager Contracts: Fire Sta- district. Motion carried ed a staff report. Mo- transmitting informa- tion Expansion / 975 6-0. tion carried 6-0. tion on the status of Central Parking Ramp Dubuque Industrial Motion by Jones for fi- the Police Depart - Change Order #1 - FS Center - Planned Unit nal consideration and ment's Landlord Notifi- and Change Order #1 - Development District passage of Ordinance cation System imple- PS; Fire Station Expan- (Tabled on June 7, No. 62-10 Amending Ti- mented in 2010. Motion sion / 975 Central Park- 2010): City Manager re- tle 16 of the City of Du- by Braig to receive and ing Ramp Change Or- questing that this item buque Code of Ordi- file the documents. der #2; and Bee Branch be tabled to July 5, nances, Unified Devel- Seconded by Connors. Creek Restoration Proj- 2011. opment Code, by Motion carried 6-0. ect - Agreement for De- Proof of publication amending Ordinances Intercultural Commu- sign and Engineering on notice of hearing to No. 14-98, 7-02, and 83- nication Training for Services - Strand Asso- consider a request 04 by reclassifying Board and Commission ciates, Inc. Upon mo- from the City of three (3) parcels along Members: City Manag- tion the documents Dubuque/ Dubuque Pennsylvania Avenue er recommending that were received and Initiatives to amend from AG Agricultural the City offer Intercul- filed. the Planned Unit Devel- District to PUD Planned tural Communication Liquor License Re- opment (PUD) for the Unit Development with Training sessions once fund: Request of David Dubuque Industrial a PI Planned Industrial per year to City board Kirkpatrick, Rosewood Center, located on Cha- District designation to and commission mem- Diner and Supper Club, venelle Road and the incorporate the three bers. Motion by Con- LLC, for a refund of Liq- Northwest Arterial, to parcels into the Dubu- nors to receive and file uor License change the designation que Industrial Center the documents and #LC0037522 in the of property from open West. Seconded by strongly recommend amount of $211.25. space to commercial Braig. Motion carried all current board and Upon motion the docu- and Zoning Advisory 6-0. commission members ments were received, Commission recom- Text Amendment - and future applicants filed, and approved. mending approval, City of Dubuque: Proof attend these intercul- Liquor License Appli-t with conditions. of publication on no- tural communication cations: City Manager Motion by Connors to tice of public hearing sessions. Seconded by recommending appro- remove from the table. to consider a request Jones. City Council dis- val of annual liquor li- Seconded by Resnick. from the City of Dubu- cussion centered cense renewals as sub- Motion carried 6-0. que to amend Article around making the miffed. Upon motion Motion by Connors to 2.3 Definitions and Arti- training mandatory or the documents were table a proposed ordi- cle 5-19.1 HI Heavy In- voluntary, for current received and filed and nance amending Ap- dustrial District to or only new members, Resolution No. 469-10 pendix A (the Zoning modify regulation of taken within the first Granting the issuance Ordinance) of the City Resource Recovery/ year or first term, and of a Class "B" Beer Per- of Dubuque Code of Or- Recycling Centers and if it would affect re- mit to UAW Local #94 dinances by adopting a Zoning Advisory Com- appointment. Motion and a Class "C" Beer revised Planned Unit mission recommending carried 4-2 with Lynch Permit to Puff n Snuff; Development Ordi- approval. and Braig voting nay. and Resolution No. 470- nance for the Dubuque Motion by Lynch to Smart Planning Grant 10 Granting the issu- Industrial Center Phas- receive and file the Contract: City Manager ance of a Class "C" es I and II located at documents and that recommending appro- Beer/Liquor License to the southwest corner the requirement that a val of an agreement Cue Masters Billiard, of Highway 32 (North- proposed ordinance be with East Central Inter - Bowling & Beyond, The west Arterial) and Cha- considered and voted governmental Associa- Moracco, The Scream- venelle Road and by on for passage at two tion (ECIA) for a joint ing Eagle Bar and Las repealing Ordinance Council meetings prior Smart Planning Local Margaritas; a Class "B" 22-07 to July 5, 2011. to the meeting at Comprehensive Plan - Wine Permit to Puff n Seconded by Braig. which it is to be passed ning Grant application Snuff; and a Class Motion carried 6-0. be suspended. Second- with Dubuque County, "WBN" Native Wine Request to Rezone - ed by Connors. Plan- Peosta, Asbury, Dyers - Permit to Hy-Vee Gas Dubuque Metropolitan ning Services Manager ville, Farley, Epworth #2 were adopted. Area Solid Waste Agen- Laura Carstens provid- and Cascade. Motion BOARDS/ cy: Proof of publication ed a staff report. Mo- by Jones to receive and COMMISSIONS on notice of public tion carried 6-0. file the documents and Appointments to the hearing to consider a Motion by Lynch for adopt Resolution No. following Boards/ request from the Dubu- final consideration and 475-10 Authorizing and believed a lesser increase could be ach- ieved. Connors agreed that the increase was due largely to in- creased pension costs and is mandated by the state, which takes it out of the City's con- trol. Lynch stated he is frustrated over other taxing authorities but depends upon the City Manager and Budget Director's judgment. Braig stated that she is aware of how hard staff works to keep costs low, but city services come with a price and the tax in- crease isn't a signifi- cant hardship. Buol stated that over the years he has served on the City Council, he has always tried to keep costs down and de- pends upon the Council and staff's visioning. He added that city services take a tremen- dous financial outlay and citizens have grown used to a cer- tain level of service. Motion carried 5-1 with Resnick voting nay. There being no fur- ther business, upon motion the City Council adjourned at 8:17 p.m. /s/Kevin S. Firnstahl Assistant City Clerk It 12/29 Subscribed to before me, a Notary Puh this c€9,( day of 146111.1111801 'a O .C1