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