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Proof of Publication_City Council Proceedings 1 18 11CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on January 18, 2011 in the Historic Federal Build- ing. Present: Mayor Buol (Via Telephone), Mayor Pro -tem Braig, Council Members Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Pro -Tem Braig read the call and stat- ed this is a regular ses- sion of the City Council to act upon such busi- ness that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Reverend Dr. Thomas Young of Westminster Presby- terian Church. PROCLAMATIONS Earned Income Tax Credit (EITC) Aware- ness Day (January 29, 2011) was accepted by Becky Jenkins, Special Projects Coordinator, Operation: New View, 1473 Central Avenue. CONSENT ITEMS Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, and dispose of as indicated. Seconded by Resnick. Connors requested ( #6) Dubu- que Levee and Floodwall Certification - PAL Progress Report #5 be held for separate discussion. Motion car- ried 6 -0. Minutes and Reports Submitted: Cable Com- munity Teleprogram- ming Commission of 12/7; City Council of 1/3; Community Devel- opment Advisory Com- mission of 12/15; His- toric Preservation Commission Education Task Force of 1/5; Hu- man Rights Commis- sion of 12/9 and 12/13; Mechanical Board of 12/9; Park and Recrea- tion Commission of 12/14; Zoning Advisory Commission of 1/5; Zoning Board of Ad- justment of 12/16 Proofs of publication of City Council Pro- ceedings of December 20 and 21, 2010 and List of Claims and Summa- ry of Revenues for Month Ended Novem- ber 30, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Christa Welu Trust for property damage; Pusateri's Restaurant for proper- ty damage; Janet V. Grew for personal in- jury; Katie Schaefer for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Walter Joniec for vehicle dam- age; Janet Grew for personal injury; Pusateri's Restaurant for property damage. Upon motion the docu- ments were received, questions from Council Public Works Director Don Vogt stated that the removal of trees has yet to be resolved. Motion carried 6 -0. Westside Court - Plat of Survey: Zoning Advi- sory Commission rec- ommending approval of the plat of survey of Westside Court as re- quested by Arthofer Properties, LLC. Upon motion the documents were received and filed and Resolution No. 9 -11 Approving the Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Arthofer's Skyline Ad- dition was adopted. Actuarial Valuation of Post Employment Ben- efit Plans: City Manag- er recommending ap- proval of the selection of the SilverStone Group to conduct the GASB -45 actuarial valu- ation of post employ- ment benefit plans. Upon motion the docu- ments were received, filed, and approved. Mutual Indemnifica- tion Agreement with Clarke University: City Manager recommend- ing approval of a Mutu- al Indemnification Agreement with Clarke University to allow uti- lization of facilities without having to ob- tain certificates of in- surance for each us- age. Upon motion the documents were re- ceived, filed, and ap- proved. Dog Park Update: City Manager providing cur- rent information re- garding the Iowa De- partment of Transpor- tation (IDOT) property at Dodge and Locust Streets for use as a dog park. Upon motion the documents were received and filed. IBM Smarter Cities Challenge Application: City Manager recom- mending approval of the submission of an application to partici- pate in the IBM Smar- ter Cities Challenge. Upon motion the docu- ments were received, filed, and approved. State of Iowa Direct Financial Assistance Contract for Peninsula Gaming, LLC: City Man- ager recommending approval of a contract with the Iowa Depart- ment of Economic De- velopment (IDED) for Iowa Values Funds Fi- nancial Assistance benefits on behalf of Peninsula Gaming, LLC. Upon motion the docu- ments were received and filed and Resolu- tion No. 10 -11 Approv- ing an Iowa Values Fund Financial Assis- tance Contract by and among the Iowa De- partment of Economic Development, the City of Dubuque and Penin- sula Gaming, LLC, was adopted. Dubuque County Property in Dubuque Industrial Center Urban Renewal District: City Manager recommend- ing approval of an agreement with the County of Dubuque to include a portion of the Seippel Road property under the County's ju- risdiction in the Dubu- que Industrial Center Urban Renewal District. Upon motion the docu- ments were received and filed and Resolu- Settlement for the Thermo Fischer Scien- tific, Inc., 2555 Kerper Boulevard, 2010 prop- erty tax protest. Upon motion the documents were received, filed, and approved. Clark of Dubuque / HIBA Petroleum Settle- ment Agreement: City Manager recommend- ing approval of the Set- tlement Agreement As- sessing Penalties and the Order Accepting Acknowledgement / Settlement Agreement for a second offense al- cohol compliance vio- lation for Clark of Du- buque / HIBA Petrole- um, Inc. Upon motion the documents were received, filed, and ap- proved. Mindframe Multi Me- dia LLC - Settlement for Alcohol Violation: City Manager recom- mending approval of the Settlement Agree- ment Assessing Penal- ties and the Order Ac- cepting Acknowledge- ment / Settlement Agreement for a first offense alcohol compli- ance violation for Mindframe Multi Media LLC. Upon motion the documents were re- ceived, filed, and ap- proved. Dubuque Main Street Program Agreement: City Manager recom- mending approval of a Program Agreement between Dubuque Main Street, the City of Dubuque and the Iowa Department of Eco- nomic Development. Upon motion the docu- ments were received and filed and Resolu- tion No. 13 -11 of Sup- port and financial com- mitment for the Main Street Program in Du- buque, Iowa, was adopted. Signed Contracts: (1) Design Service Agree- ment with IIW to over- see the repair of a sec- tion of the concrete floodwall at the City's Purina Drive barge ter- minal; (2) Telegraph Herald advertising agreement. Upon mo- tion the documents were received and filed. Liquor License Trans- fer: Request of Lana Kaye LuGrain to per- manently transfer Choppers Ten Pin Tap liquor license from 500 Rhomberg to 601 Rhomberg. Upon mo- tion the document was received, filed, and ap- proved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 14 -11 Granting the issuance of a Class "B" Beer Per- mit to Pizza Hut #4691 and #4690 and a Class "C" Beer Permit to El Paisano Grocery, Clark of Dubuque and Awn Stop Mart; and Resolu- tion No. 15-11 Granting the issuance of a Class "C" Beer /Liquor Li- cense to Taiko Japa- nese Restaurant and Mario's Italian Restau- rant; a Special Class "C" Liquor License to Cafe Manna Java West, and a Class "WBN" Na- tive Wine License to Engraved Gift Collec- the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the ex- ecution of a Develop- ment Agreement relat- ing thereto with Plastic Center, Inc., and pro- viding for the publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 7, 2011 in the His- toric Federal Building. North Cascade Road Bridge Construction Project: City Manager recommending initia- tion of the public bid- ding process for the North Cascade Road Bridge Project and that a public hearing be set for February 7, 2011 to consider approval of the plans and specifi- cations, form of con- tract, and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 18 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the North Cascade Road Bridge Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 7, 2011 in the His- toric Federal Building. Fiscal Year 2012 An- nual Action Plan: City Manager recommend- ing that a public hear- ing be set for March 1, 2011 to consider appro- val of the Fiscal Year 2012 Community Devel- opment Block Grant (CDBG) Annual Action Plan. Upon motion the documents were re- ceived and filed and Resolution No. 19 -11 Setting a public hear- ing on the Fiscal Year 2012 (Program Year 2011) Community De- velopment Block Grant (CDBG) Annual Action Plan was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on March 1, 2011 in the Historic Federal Build- ing. Dubuque Industrial Center Economic De- velopment District: City Manager recom- mending that a public hearing be set for March 7, 2011 to con- sider an amendment to the Dubuque Industrial Center Economic De- velopment District. Upon motion the docu- ments were received and filed and Resolu- tion No. 20 -11 Resolu- tion of Necessity find- ing that certain areas adjacent to the Dubu- que Industrial Center Economic Development District meet the defi- nition of an Economic Development Area un- der the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est of the residents of the City of Dubuque, Iowa, was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on March 7, 2011 in the Historic Federal Build- ing. Greater Downtown Urban Renewal Dis- trict: City Manager rec- ommending that a pub- lic hearing be set for desire to serve on the following Boards/ Commissions: Community Develop- ment Advisory Com- mission: One 3 -year term through February 15, 2014 (Term of Michalski). Applicant: Ann Michalski, 1520 Al- tura Drive. Ms Mic- halski spoke in support of her reappointment. Appointments to the following Boards/ Commissions: Housing Code Appeals Board: One 3 -year term through January 11, 2014 (Term of Young). Applicant: David Young, 1572 Central Avenue. Motion by Connors to appoint Da- vid Young to the Hous- ing Code Appeals Board for a 3 -year term through January 11, 2014. Seconded by Lynch. Motion carried 6 -0. Sister City Relation- ships Advisory Com- mission: Setting 11 Ini- tial Terms: Three 1- year terms through February 1, 2012; Three 2 -year terms through February 1, 2013; and Five 3-year terms through February 1, 2014. Applicants: Shei- la Castaneda, 1014 Dunham Drive; Michael Coty, 125 Bluff Street; Larissa Filimonenko, 2260 Samantha Drive; Jeffrey Jochum, 3750 Aerostar Drive; Richard Landis, 2390 Clarke Crest Drive; Pat McNamara, 1041 Shady Oaks Drive; William Mclntee, 1339 Belmont Street; Eric Miller, 1290 W. 5th Street, #1; Betty Phillips, 3047 Kane Court; Louise Thurn, 3037 Kaufmann Ave- nue; and Annalee Ward, 2758 Tiffany Court. Motion by Jones to appoint Richard Landis to the Sister City Rela- tionships Advisory Commission for one 3- year term through Feb- ruary 1, 2014. Seconded by Connors. Motion carried 6 -0. Motion by Jones to appoint the remaining applicants by lottery. Seconded by Connors. Mayor Pro -Tem Braig and Council Member Lynch drew the lottery with the following re- sults: Sheila Casta- neda, Larissa Fili- monenko, Eric Miller, and Annalee Ward were appointed to 3- year terms through February 1, 2014; Mi- chael Coty, Betty Phil- lips, and Louise Thurn were appointed to 2- year terms through February 1, 2013; and Jeffrey Jochum, Pat McNamara, and Wil- liam Mclntee were ap- pointed to 1 -year terms through February 1, 2012. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Amend ID Institutional District - University of Dubuque: Proof of publication on notice of public hear- ing to consider a re- quest from the Univer- sity of Dubuque to amend the ID Institu- tional District to allow construction of three residence halls on the south campus west of ed by Resnick. James Steiner, Vice President of Finance and Auxili- ary Services for the University of Dubuque, reviewed the project to date. Assistant City Planner Kyle Kritz pro- vided a staff report. Responding to ques- tion from City Council, Mr. Steiner stated that in an effort to prevent parking congestion, campus events would be scheduled in the new facility only during the daytime hours of the school year with the large, community events scheduled at night, on weekends, or during the summer months when students are away. Motion car- ried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 3 -11 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by pro- viding for the approval of an amended Cam- pus Development Plan for the University of Dubuque ID Institution- al District to allow con- struction of a Perform- ing Arts Center and as- sociated parking lot at the corner of Bennett, McCormick and Grace Streets. Seconded by Jones. Motion carried 6 -0. Request to Rezone - 2981 Central Avenue: Proof of publication on notice of public hear- ing to consider a re- quest from Adam John- son / Pegasus Proper- ties to rezone property at 2981 Central Avenue from R -1 Single- Family Residential District to OR Office Residential District and Zoning Ad- visory Commission rec- ommending 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. Developer Adam Johnson of Pega- sus Properties, 211 4th Street, Galena, IL, spoke in support of the proposed ordinance. Assistant City Planner Kyle Kritz provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 4 -11 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 at 2981 Cen- tral Avenue from R -1 Single - Family Residen- tial District to OR Of- fice Residential Dis- trict. Seconded by Jones. Motion carried 6 -0. Release of Easements - Lot 1 of Yiannias Place: Proof of publica- tion on notice of public hearing to consider a request from Brian Kane, representing Key City Investment Com- pany, for the release of easements In Yiannias Place in the City of Du- buque and City Manag- er recommending ap- proval. Motion by Jones to receive and and amending Chapter 6 Housing Regulations by adopting a new Sec- tion 6 -6 -13 Inspection of Properties Owned by Priority Category. Seconded by Jones. Motion carried 6 -0. Extension of South- west Arterial Moratori- um (First Reading on January 3, 2011): Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion car- ried 6 -0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 7 -11 Amending the City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Devel- opment) and by amending Title 16 (Uni- fied Development Code) extending the development moratori- um for the Southwest Arterial Corridor a Co o to Jul Y 1, 2012. Seconded by Lynch. Motion carried 6 -0. Solar Thermal Licens- ing, Permitting and In- spections (First Read- ing on January 3, 2011): 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 Resnick. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 8 -11 Amending City of Dubuque Code of Or- dinances Title 14 Build- ing and Development by adding Chapter 13 Solar Thermal Licenses which requires a li- cense in order to per- form work on solar thermal systems; and Ordinance No. 9 -11 Amending City of Du- buque Code of Ordi- nances Title 14 Build- ing and Development by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the stand- ards for solar thermal systems. Seconded by Resnick. Motion car- ried 6 -0. Operation: New View Board of Directors: Communication from Tom Stovall, Operation: New View Community Action Agency, re- questing the appoint- ment of an additional City representative to serve on the Operation: New View Board of Di- rectors. Motion by Con- nors to receive and file the documents and ap- point Council Member Jones as the additional representative. Sec- onded by Jones. Motion carried 6 -0. USS Dubuque (LPD -8) Ship's Bell: City Man- ager recommending approval to request the USS Dubuque's ship bell be loaned to the City of Dubuque when the ship is decom- for the Roshek Building project. Motion by Jones to receive and file the documents and adopt Resolution No. 24 -11 Approving Guar- anty Agreement and First Amendment to the Guaranty Agree- ment, each between the City of Dubuque and Dubuque Bank & Trust Company. Sec- onded by Resnick. Mo- tion carried 6 -0. Bus Logos / Icons: City Manager request- ing City Council input regarding the logos and icons for The Jule. Motion by Connors to receive and file the documents and select option #2 with prefer- ence given to the sil- houette design for the door if it can be ac- complished. Seconded by Resnick. Candace Eudaley of East Central Intergovernmental Agency (ECIA) provid- ed a slide presentation and described the logo /icon options. Mo- tion carried 6 -0. Amendments to Loan Agreements with the Iowa Finance Authori- ty: City Manager rec- ommending approval of amendments of the loan and disbursement agreements with the Iowa Finance Authority concerning the $8,676,000 SRF loan is- sued on February 12, 2010 and the $1,037,000 SRF loan issued on Oc- tober 18, 2007. Motion by Connors to receive and file the documents and adopt Resolution No. 25 -11 Approving and authorizing amendments to Loan and Disbursement Agreements by and be- tween the city of Dubu- que, Iowa, and the Io- wa Finance Authority. Seconded by Resnick. Motion carried 6 -0. COUNCIL MEMBER REPORTS Connors stated she believes it is important for Council Members to stay abreast of new technologies and invit- ed Council to attend a local conference re- garding low- impact de- velopment and storm water management coming up in February. She will forward the conference informa- tion. Jones reported on the success of the Special Olympics event, which took place in Dubuque last week. Resnick stated that he asks questions regard -. ing Council materials as an effort to better inform the public. There being no fur ther business, upon. motion the City Council adjourned at 8:20 p.m. /s /Jeanne F. Schneider, CMC, City Clerk it 1/26 STATE OF IOWA {SS: DUBUQUE COUNTY 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: January 26, 2011, and for which the charge is $399.05. Subscribed to before me this ev., day of CERTIFICATION OF PUBLICATION , ?de, otary Public in and for Dubuque County, Iowa, ,20 // . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME'T Commleelon Number 1546' CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on January 18, 2011 in the Historic Federal Build- ing. Present: Mayor Buol (Via Telephone), Mayor Pro-tem Braig, Council Members Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Pro-Tem Braig read the call and stat- ed this is a regular ses- sion of the City Council to act upon such busi- ness that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Reverend Dr. Thomas Young of Westminster Presby- terian Church. PROCLAMATIONS Earned Income Tax Credit (EITC) Aware- ness Day (January 29, 2011) was accepted by Becky Jenkins, Special Projects Coordinator, Operation: New View, 1473 Central Avenue. CONSENT ITEMS Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, and dispose of as indicated. Seconded by Resnick. Connors requested (#6) Dubu- que Levee and Floodwall Certification - PAL Progress Report #5 be held for separate discussion. Motion car- ried 6-0. Minutes and Reports Submitted: Cable Com- munity Teleprogram- ming Commission of 12/7; City Council of 1/3; Community Devel- opment Advisory Com- mission of 12/15; His- toric Preservation Commission Education Task Force of 1/5; Hu- man Rights Commis- sion of 12/9 and 12/13; Mechanical Board of 12/9; Park and Recrea- tion Commission of 12/14; Zoning Advisory Commission of 1/5; Zoning Board of Ad- justment of 12/16 Proofs of publication of City Council Pro- ceedings of December 20 and 21, 2010 and List of Claims and Summa- ry of Revenues for Month Ended Novem- ber 30, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Christa Welu Trust for property damage; Pusateri's Restaurant for proper- ty damage; Janet V. Grew for personal in- jury; Katie Schaefer for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- questions from Council Public Works Director Don Vogt stated that the removal of trees has yet to be resolved. Motion carried 6-0. Westside Court - Plat of Survey: Zoning Advi- sory Commission rec- ommending approval of the plat of survey of Westside Court as re- quested by Arthofer Properties, LLC. Upon motion the documents were received and filed and Resolution No. 9-11 Approving the Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Arthofer's Skyline Ad- dition was adopted. Actuarial Valuation of Post Employment Ben- efit Plans: City Manag- er recommending ap- proval of the selection of the SilverStone Group to conduct the GASB-45 actuarial valu- ation of post employ- ment benefit plans. Upon motion the docu- ments were received, filed, and approved. Mutual Indemnifica- tion Agreement with Clarke University: City Manager recommend- ing ap proval a roval of a Mutu- al Indemnification Agreement with Clarke University to allow uti- lization of facilities without having to ob- tain certificates of in- surance for each us- age. Upon motion the documents were re- ceived, filed, and ap- proved. Dog Park Update: City Manager providing cur- rent information re- garding the Iowa De- partment of Transpor- tation (IDOT) property at Dodge and Locust Streets for use as a dog park. Upon motion the documents were received and filed. IBM Smarter Cities Challenge Application: City Manager recom- mending approval of the submission of an application to partici- pate in the IBM Smar- ter Cities Challenge. Upon motion the docu- ments were received, filed, and approved. State of Iowa Direct Financial Assistance Contract for Peninsula Gaming, LLC: City Man- ager recommending approval of a contract with the Iowa Depart- ment of Economic De- velopment (IDED) for Iowa Values Funds Fi- nancial Assistance benefits on behalf of Peninsula Gaming, LLC. Upon motion the docu- ments were received and filed and Resolu- tion No. 10-11 Approv- ing an Iowa Values Fund Financial Assis- tance Contract by and among the Iowa De- partment of Economic Development, the City of Dubuque and Penin- sula Gaming, LLC, was adopted. Dubuque County Property in Dubuque Industrial Center Urban Renewal District: City Manager recommend- ing approval of an agreement with the County of Dubuque to include a portion of the Settlement for the Thermo Fischer Scien- tific, Inc., 2555 Kerper Boulevard, 2010 prop- erty tax protest. Upon motion the documents were received, filed, and approved. Clark of Dubuque / HIBA Petroleum Settle- ment Agreement: City Manager recommend- ing approval of the Set- tlement Agreement As- sessing Penalties and the Order Accepting Acknowledgement / Settlement Agreement for a second offense al- cohol compliance vio- lation for Clark of Du- buque / HIBA Petrole- um, Inc. Upon motion the documents were received, filed, and ap- proved. Mindframe Multi Me- dia LLC - Settlement for Alcohol Violation: City Manager recom- mending approval of the Settlement Agree- ment Assessing Penal- ties and the Order Ac- cepting Acknowledge- ment / Settlement Agreement for a first offense alcohol compli- ance violation for Mindframe Multi Media LLC. Upon motion the documents were re- ceived, filed, and ap- proved. Dubuque Main Street Program Agreement: City Manager recom- mending approval of a Program Agreement between Dubuque Main Street, the City of Dubuque and the Iowa Department of Eco- nomic Development. Upon motion the docu- ments were received and filed and Resolu- tion No. 13-11 of Sup- port and financial com- mitment for the Main Street Program in Du- buque, Iowa, was adopted. Signed Contracts: (1) Design Service Agree- ment with IIW to over- see the repair of a sec- tion of the concrete floodwall at the City's Purina Drive barge ter- minal; (2) Telegraph Herald advertising agreement. Upon mo- tion the documents were received and filed. Liquor License Trans- fer: Request of Lana Kaye LuGrain to per- manently transfer Choppers Ten Pin Tap liquor license from 500 Rhomberg to 601 Rhomberg. Upon mo- tion the document was received, filed, and ap- proved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 14-11 Granting the issuance of a Class "B" Beer Per- mit to Pizza Hut #4691 and #4690 and a Class "C" Beer Permit to El Paisano Grocery, Clark of Dubuque and Awn Stop Mart; and Resolu- tion No. 15-11 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Taiko Japa- the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the ex- ecution of a Develop- ment Agreement relat- ing thereto with Plastic Center, Inc., and pro- viding for the publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 7, 2011 in the His- toric Federal Building. North Cascade Road Bridge Construction Project: City Manager recommending initia- tion of the public bid- ding process for the North Cascade Road Bridge Project and that a public hearing be set for February 7, 2011 to consider approval of the plans and specifi- cations, form of con- tract, and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 18-11 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and orderingbids for the North Cascade Road Bridge Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 7, 2011 in the His- toric Federal Building. Fiscal Year 2012 An- nual Action Plan: City Manager recommend- ing that a public hear- ing be set for March 1, 2011 to consider appro- val of the Fiscal Year 2012 Community Devel- opment Block Grant (CDBG) Annual Action Plan. Upon motion the documents were re- ceived and filed and Resolution No. 19-11 Setting a public hear- ing on the Fiscal Year 2012 (Program Year 2011) Community De- velopment Block Grant (CDBG) Annual Action Plan was adopted set- tingapublic hearing for a meeting to com- mence at 6:30 p.m. on March 1, 2011 in the Historic Federal Build- ing.Dubuque Industrial Center Economic De- velopment District: City Manager recom- mending that a public hearing be set for March 7, 2011 to con- sider an amendment to the Dubuque Industrial Center Economic De- velopment District. Upon motion the docu- ments were received and filed and Resolu- tion No. 20-11 Resolu- tion of Necessity find- ing that certain areas adjacent to the Dubu- que Industrial Center Economic Development District meet the defi- nition of an Economic Development Area un- der the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est of the residents of the City of Dubuque, Iowa, was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on desire to serve on the following Boards/ Commissions: Community Develop- ment Advisory Com- mission: One 3-year term through February 15, 2014 (Term of Michalski). Applicant: Ann Michalski, 1520 Al- tura Drive. Ms Mic- halski spoke in support of her reappointment. Appointments to the following Boards/ Commissions: Housing Code Appeals Board: One 3-year term through January 11, 2014 (Term of Young). Applicant: David Young, 1572 Central Avenue. Motion by Connors to appoint Da- vid Young to the Hous- ing Code Appeals Board for a 3-year term through January 11, 2014. Seconded by Lynch. Motion carried 6-0. Sister City Relation- ships Advisory Com- mission: Setting 11 Ini- tial Terms: Three 1- year terms through February 1, 2012; Three 2-year terms through February 1, 2013; and Five 3-year terms Y. through February 1, 2014. Applicants: Shei- la Castaneda, 1014 Dunham Drive; Michael Coty, 125 Bluff Street; Larissa Filimonenko, 2260 Samantha Drive; Jeffrey Jochum, 3750 Aerostar Drive; Richard Landis, 2390 Clarke Crest Drive; Pat McNamara, 1041 Shady Oaks Drive; William Mclntee, 1339 Belmont Street; Eric Miller, 1290 W. 5th Street, #1; Betty Phillips, 3047 Kane Court; Louise Thurn, 3037 Kaufmann Ave- nue; and Annalee Ward, 2758 Tiffany Court. Motion by Jones to appoint Richard Landis to the Sister City Rela- tionships Advisory Commission for one 3- year term through Feb- ruary 1, 2014. Seconded byConnors. Motion carried 6-0. Motion by Jones to appoint the remaining applicants by lottery. Seconded by Connors. Mayor Pro-Tem Braig and Council Member Lynch drew the lottery with the following re- sults: Sheila Casta- neda, Larissa Fili- monenko, Eric Miller, and Annalee Ward were appointed to 3- year terms through February 1, 2014; Mi- chael Coty, Betty Phil- lips, and Louise Thurn were appointed to 2- year terms through February 1, 2013; and Jeffrey Jochum, Pat McNamara, and Wil- liam Mclntee were ap- pointed to 1-year terms through February 1, 2012. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Amend ID Institutional District - University of Dubuque: Proof of publication on notice of public hear- ed by Resnick. James Steiner, Vice President of Finance and Auxili- ary Services for the University of Dubuque, reviewed the project to date. Assistant City Planner Kyle Kritz pro- vided a staff report. Responding to ques- tion from City Council, Mr. Steiner stated that in an effort to prevent parking congestion, campus events would be scheduled in the new facility only during the daytime hours of the school year with the large, community events scheduled at night, on weekends, or during the summer months when students are away. Motion car- ried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 3-11 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by pro- viding for the approval of an amended Cam- pus Development Plan for the University of Dubuque ID Institution- al District to allow con- struction of a Perform- ing Arts Center and as- sociated parking lot at the corner of Bennett, McCormick and Grace Streets. Seconded by Jones. Motion carried 6-0. Request to Rezone - 2981 Central Avenue: Proof of publication on notice of public hear- ing to consider a re- quest from Adam John- son / Pegasus Proper- ties to rezone property at 2981 Central Avenue from R-1 Single -Family Residential District to OR Office Residential District and Zoning Ad- visory Commission rec- ommending 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. Developer Adam Johnson of Pega- sus Properties, 211 4th Street, Galena, IL, spoke in support of the proposed ordinance. Assistant City Planner Kyle Kritz provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 4-11 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 at 2981 Cen- tral Avenue from R-1 Single -Family Residen- tial District to OR Of- fice Residential Dis- trict. Seconded by Jones. Motion carried 6-0. Release of Easements - Lot 1 of Yiannias Place: Proof of publica- tion on notice of public hearing to consider a request from Brian Kane, representing Key and amending Chapter 6 Housing Regulations by adopting a new Sec- tion 6-6-13 Inspection of Properties Owned by Priority Category. Seconded by Jones. Motion carried 6-0. Extension of South- west Arterial Moratori- um (First Reading on January 3, 2011): Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion car- ried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 7-11 Amending the City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Devel- opment) and by amending Title 16 (Uni- fied Development Code) extending the development moratori- um for the Southwest Arterial Corridor to July 1, 2012. Seconded by Lynch. Motion carried 6-0. Solar Thermal Licens- ing, Permitting and In- spections (First Read- ing on January 3, 2011): 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 Resnick. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 8-11 Amending City of Dubuque Code of Or- dinances Title 14 Build- ing and Development by adding Chapter 13 Solar Thermal Licenses which requires a li- cense in order to per- form work on solar thermal systems; and Ordinance No. 9-11 Amending City of Du- buque Code of Ordi- nances Title 14 Build- ing and Development by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the stand- ards for solar thermal systems. Seconded by Resnick, Motion car- ried 6-0. Operation: New View Board of Directors: Communication from Tom Stovall, Operation: New View Community Action Agency, re- questing the appoint- ment of an additional City representative to serve on the Operation: New View Board of Di- rectors. Motion by Con- nors to receive and file the documents and ap- point Council Member Jones as the additional representative. Sec- onded by Jones. Motion carried 6-0. for the Roshek Building project. Motion by Jones to receive and file the documents and adopt Resolution No. 24-11 Approving Guar- anty Agreement and First Amendment to the Guaranty Agree- ment, each between the City of Dubuque and Dubuque Bank 8 Trust Company. Sec; onded by Resnick. Mo., tion carried 6-0. Bus Logos / Icons: City Manager request- ing City Council input regarding the logos and icons for The Jule: Motion by Connors to receive and file the documents and select option #2 with prefer- ence given to the sil- houette design for the door if it can be ac complished. Seconded by Resnick. Candace Eudaley of East Central Intergovernmental Agency (ECIA) provid- ed a slide presentation and described the logo/icon options. Mo- tion carried 6-0. Amendments to Loan Agreements with the Iowa Finance Authori- ty: : CityManager 9 rec- ommending approval of amendments of the loan and disbursement agreements with the Iowa Finance Authority concerning the $8,676,000 SRF loan is- sued on February 12, 2010 and the $1,037,000 SRF loan issued on Oc- tober 18, 2007. Motion by Connors to receive and file the documents and adopt Resolution No. 25-11 Approving and authorizing amendments to Loan and Disbursement Agreements by and be- tween the city of Dubu- que, Iowa, and the Io- wa Finance Authority. Seconded by Resnick. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors stated she believes it is important for Council Members to stay abreast of new technologies and invit- ed Council to attend a local conference re- garding low -impact de- velopment and storm water management coming up in February. She will forward the conference informa- tion. Jones reported on the success of the Special Olympics event, which, took place in Dubuque last week. Resnick stated that he. asks questions regard-, ing Council materials as an effort to better inform the public. There being no fur-: ther business, upon. motion the City Council, adjourned at 8:20 p.m. • /s/Jeanne F. Schneider, CMC, City Clerk It 1/26 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: January 26, 2011, and for which the charge is $399.05. Subscribed to before me otary Public in and for Dubuque County, Iowa, this,77 e7,5 day of _ , 20 // . Notary Public in and for Dubuque County, Iowa. r `•P MARY K. WESTERME.Y k Cornrn o Number ai n umb r 1 54 , , .einne� vnan nrnnerry nee. �eG*allran* an nwarrn 1 nil, in rno inn rn nnrICI ar a re- , in, im,ecrm.nr ,.nm_ to act upon such bust " ` 4' " ' "' ness that may properly er recommending ap- proved. for February 7, 2011 to come before the City proval of the selection Mindframe Multi Me- consider approval of Council. of the SiiverStone dia LLC - Settlement the plans and specifi- Pledge of Allegiance Group to conduct the for Alcohol Violation: cations, form of con - Invocation was pro- GASB-45 actuarial valu- City Manager recom- tract, and estimated vided by Reverend Dr. ation of post employ- mending approval of cost. Upon motion the Thomas Young of ment benefit plans. the Settlement Agree- documents were re - Westminster Presby- Upon motion the docu- ment Assessing Penal- ceived and filed and terian Church. ments were received, ties and the Order Ac- Resolution No. 18-11 PROCLAMATIONS filed, and approved. cepting Acknowledge- Preliminary approval of Earned Income Tax Mutual Indemnifica- ment / Settlement plans, specifications, Credit (EITC) Aware- tion Agreement with Agreement for a first form of contract, and ness Day (January 29, Clarke University: City offense alcohol compli- estimated cost, setting 2011) was accepted by Manager recommend- ance violation for date of public hearing Becky Jenkins, Special ing approval of a Mutu- Mindframe Multi Media and ordering bids for Projects Coordinator, al Indemnification LLC. Upon motion the the North Cascade Operation: New View, Agreement with Clarke documents were re- Road Bridge Project 1473 Central Avenue. University to allow uti- ceived, filed, and ap- was adopted setting a CONSENT ITEMS lization of facilities proved. public hearing for a Motion by Jones to re- without having to ob- Dubuque Main Street meeting to commence ceive and file the docu- tain certificates of in- Program Agreement: at 6:30 p.m. on Febru- ments, adopt the reso- surance for each us- City Manager recom- ary 7, 2011 in the His- lutions, and dispose of age. Upon motion the mending approval of a toric Federal Building. as indicated. Seconded documents were re- Program Agreement Fiscal Year 2012 An - by Resnick. Connors ceived, filed, and ap- between Dubuque nual Action Plan: City requested (#6) Dubu- Proved. Main Street, the City of Manager recommend- que Levee and Dog Park Update: City Dubuque and the Iowa ing that a public hear- Floodwall Certification Manager providing cur- Department of Eco- ing be set for March 1, - PAL Progress Report rent information re- nomic Development. 2011 to consider appro- #5dibe heldiofor tion a e gardinpartment of Transpor- mthe Iowa De- entson motion were the received 2012 Community Devel- ried 6-0.0ion. Motion car- tation (IDOT) property and filed and Resolu- opment Block Grant ried at Dodge and Locust tion No. 13-11 of Sup- (CDBG) Annual Action MinutesandReportsStreets for use as a port and financial com- Plan. Upon motion the Submitted: Cable Comm-- dog park. Upon motion mitment for the Main documents were re- mingmunity ComTelemission of the documents were Street Program in Du- ceived and filed and City Council of received and filed. buque, Iowa, was Resolution No. 19-11 12/7;1/; ni y Devel-f IBM Smarter Cities adopted. Setting a public hear- opment Advisoryvmty Challenge Application: Signed Contracts: (1) ing on the Fiscal Year Com-HCity Manager recom- Design Service Agree- 2012 (Program Year mission of resew His- mending approval of ment with IIW to over- 2011) Community De - to m Preservation the submission of an see the repair of a sec- velopment Block Grant Tammision Education application to partici- tion of the concrete (CDBG) Annual Action Task Force of tom is- pate in the IBM Smar- floodwall at the City's Plan was adopted set - man Rights12/9and 12/13;3ter Cities Challenge. Purina Drive barge ter- ting 'a public hearing Mechanicalon f aBoardoUpon motion the docu- minal; (2) Telegraph for a meeting to com- 12/9; Rec a- ments were received, Herald advertising mence at 6:30 p.m. on tton Park and Commission of filed, and approved. agreement. Upon mo- March 1, 2011 in the 1i / Advisoryof State of Iowa Direct tion the documents Historic Federal Build - Commission Zoning 1/5; Financial Assistance were received and ing. of - Contract for Peninsula filed. Dubuque Industrial Zoning Board12/16 of Ad -Gaming, LLC: City Man- Liquor License Trans- Center Economic De - Proofs of publication ager recommending fer: Request of Lana velopment District: ofPr City f CouncilcilcaPio- approval of a contract Kaye LuGrain to per- City Manager recom- ce City ofDecember er with the Iowa Depart- manently transfer mending that a public 20 and 2010 anLiment of Economic De- Choppers Ten Pin Tap oof0 Claimsnd 21,adand List velopment (IDED) for liquor license from500 ry and Revenues for Iowa Values Funds Fi- Rhomberg to 601 Mory ofh for nancial Assistance Rhomberg. Upon mo- ber 30 Ended Novem- benefits on behalf of tion the document was 30, 2010 were Peninsula Gaming, LLC. received, filed, and ap- documentsUpen motion the Upon motion the docu- proved. re-ments were received Liquor License Appli- Noticeceivo anfof and filed and Resolu- cations: City Manager is Claims/ tion No. 10-11 Approv- recommending appro- Trust foCrista propertyWely ing an Iowa Values val of annual liquor 11- damage; for atFund Financial Assis- cense renewals as sub - Restaurant Pusateri's tance Contract by and mitted. Upon motion Restaurant; for proper- among the Iowa De- the documents were tyr Gdrew for personal Janet V. partment of Economic received and filed and Grew Katiehae for evelopment, the City Resolution No. 14-11 vehicljury; Schaefer for of Dubuque and Penin- Granting the issuance motion the e. documentss sula Gaming, LLC,' was of a Class "6" Beer Per- werewrion e, adopted. mit to Pizza Hut #4691 areceived, filed Dubuque County and #4690 and a Class Attorney.td referred to the City Property in Dubuque "C" Beer Permit to El Industrial Center Urban Paisano Grocery, Clark CityyAttorney advising Renewal District: City of Dubuque and Awn clathat the following Manager recommend- Stop Mart; and Resolu- ferred havePbeen Entityre- ing approval of an tion No. 15-11 Granting Risk Services Public w, agreement with the the issuance of a Class the ek nt of Iowa, County of Dubuque to "C" Beer/Liquor Li - Communities the Iowa include a portion of the cense to Taiko Japa- ance Col: Assur-alteSeippel Road property nese Restaurant and JoniJoni Pool: Waite- under the County's ju- Mario's Italian Restau- age; Janetfor vehicleredam-orisdiction in the Dubu- rant; a Special Class pee; Grew for personal injury; que Industrial Center "C" Liquor License to Pusateri's Restaurant Urban Renewal District. Cafe Manna Java West, for property damage. Upon motion the docu- and a Class "WBN" Na- Upon motion the docu- ments were received tive Wine License to ments were received, and filed and Resolu- filed and concurred. tion No. 11-11 Approv- Asbury and IA 32 Traf- ing an agreement be- fic Signal / Grading tween the City of Du - Project: City Manager buque, Iowa, and Du - recommending accept- buque County, Iowa to ance of the Asbury and amend the Dubuque In - IA 32 Traffic Signal / dustrial Center Urban Grading Project as Renewal District to in - completed by McDer- clude certain property mott Excavating in the located in Dubuque County, Iowa, was adopted. RISE Grant Applica- tion: City Manager rec- ommending approval of the submission of a RISE Grant Application to the Iowa Depart- ment of Transportation for the construction of road west from High- way 61 to access lots in the Dubuque Regional Airport Industrial Park. Upon motion the docu- ments were received and filed and Resolu- final contract amount of $365,630.85. Upon motion the documents were received and filed and Resolution No. 7-11 Accepting the Asbury and IA 32 Traffic Signal / Grading Project and authorizing payment of the contract amount to the contractor was adopted. Bee Branch Creek Re- storation Project Kni- est Street Park Proper- ty Acquisitions: City Manager recommend- ingtion No. 1211 Enders he approval to begin ing the submission of a the hreeeprss profoperties acquir-eoRevitalize Iowa's i the three Kniest S StreeteP for Sound Economy (RISE) tbe Park application to the Iowa part constructedpperas Department.of Trans- Branchf the Upper Beeportation for the con- tionPr jest.CreeRestora-otruction of road west Project. cun mo- from Highway 61 to ac- tion the documents cess lots in the Dubu- andwere received, filed que Regional Airport Napproved. Industrial Park, was North Grandview Ave- adopted. Citizen nue and Rosedale Ave Communica- Sewer Emergency Storm tion: Communication CityRepair Project: from Sandra Amberg t'of Manager recom-regarding fluoride. mendingacceptanceUpon motion the docu- tractthe construction con- ment was received and Increment Revenue terms ending February Campus Development Motion carried 6-0. Grandview for the a d filed. Obligations and the ex- 1, 2014. Motion by Plan for the University Motion by Connors for tion of a Community Avenue and The Ten Smartest Cit- ecution of a Develop- Jones to receive and of Dubuque to allow final consideration and Development Block Rosedale StormvSeue ies on the Planet:. Copy ment Agreement relat- file the documents and construction of three passage of Ordinance Grant (CDBG) Housing er Emergency Project. upon of Fast Company Mag- ing thereto with Faley that the requirement (3) residence halls on No. 5-11 Amending City Disaster Recovery Fund motion Repair s azine article "The Ten Properties, LLC and that a proposed ordi- the south campus west of Dubuque Code of Or- Contract between the the documents Smartest Cities on the Foley Enterprises, Inc., nance be considered of University Park dinances Title 6 Health, Iowa Department of awere eeceived ando 8-11ed Planet" slideshow. and providing for the and voted on for pas- Drive. Seconded by Housing, Sanitation, Economic Development Accepting Resolution No. Upon motion the docu- publication of notice sage at two Council Resnick. Motion car- and Environment, and the City of Dubu- Grandview the a d ment was received and thereof was adopted meetings prior to the ried 6-0. Chapter 6 Housing Reg- que on behalf of the Avenue and g Rosedale Avenue filed. setting a public hear- meeting at which it is Request to Amend ID ulations, Section 6-6-7 Caradco Building Proj- Emergency Storm Sew- Iowa Natural Herit- ing for a meeting to to be passed be sus- Institutional District - Licenses and Inspec- ect. Seconded by er Repair Project and age: Copy of article en- commence at 6:30 p.m. pended. Seconded by University of Dubuque: tions requiring a prop- Jones. Responding to authorizing payment of titled A Model for on February 7, 2011 in Resnick. Motion car- Proof of publication on erty owner, manager, questions from City the contract amount to Conservation" from the the Historic Federal ried 6-0. notice of public hear- or licensed real estate Council, Assistant Eco- the contractor was Iowa Natural Heritage Building. Motion by Jones for fi- ing to consider a re- professional to partici- nomic Development Di - adopted. Magazine regarding Plastic Center, Inc. - nal consideration and quest from the Univer- pate in the crime free rector Aaron DeJong Dubuque Levee and Dana Livingston and Development Agree- passage of Ordinance sity of Dubuque to multi -housing program clarified the issues in Floodwall Certification the program Future ment: City Manager No. 1-11 Amending City amend the ID Institu- as a condition of a li- the revised contract, - PAL Progress Report Talk, which is based recommending that a of Dubuque Code of Or- tional District to allow cense issuance or re- which was distributed #5: City Manager rec- out of the Multicultural public hearing be set dinances Title 2 Boards construction of a Per- newal for a rental to Council post agenda. ommending approval Family Center. Upon for February 7, 2011 to and Commissions; forming Arts Center at dwelling operating li- Motion carried 6-0. of the transmittal of motion the document consider entering into Chapter 10 Sister City the corner of Bennett, cense; and Ordinance First Amendment to the City of Dubuque's was received and filed. a Development Agree- Relationships Advisory McCormick and Grace No. 6-11 Amending the the Guarantee Agree - Provisionally Accredit- Connected World ment with Plastic Cen- Commission; Section 2- Streets and Zoning Ad- City of Dubuque Code ment - Roshek Building ed Levee (PAL) Prog- Magazine: Copy of ter, Inc. for the pur- 10-5 Membership by in- visory Commission rec- of Ordinances Title 6 Project: City Manager ress Report #5 to FEMA Connected World Mag- pose of redeveloping creasing the member- ommending approval. Health, Housing, Sani- recommending appro- for certification of the azine article featuring properties located at ship to thirteen mem- Motion by Connors to tation, and Environ- val of a request by Du - Dubuque levee and Mayor Roy Buol and 426 West 5th Street bers, and Section 2-10- receive and file the ment, Chapter 6 Hous- buque Initiatives (DI) floodwall system along the City of Dubuque. and 951, 955 and 957 6 Terms providing that documents and that ing Regulations by to approve a First the Mississippi River. Upon motion the docu- Main Street. Upon mo- five members are ap- the requirement that a adopting a new Section Amendment to the Motion by Connors to ment was received and tion the documents pointed for terms end- proposed ordinance be 6-6-11 Priority Catego- Guarantee Agreement receive and file the filed. were received and filed ing February 1, 2014. considered and voted ry; amending Chapter 6 between the City of documents and ap- Stipulation of Settle- and Resolution No. 17- Seconded by Resnick. on for passage at two Housing Regulations by Dubuque and Dubuque prove the recommen- ment - Property Tax 11 Fixing the date for a Motion carried 6-0. Council meetings prior adopting a new Section Bank & Trust allowing dation. Seconded by Appeal: City Attorney public hearing of the Applicants are invited to the meeting at 6-6-12 Procedure for for a Line of Credit to Resnick. Responding to recommending appro- City Council of the City to address the City which it is to be passed Hearing Appeal of Pri- be included under the val of the Stipulation of of Dubuque, Iowa, on Council regarding their be suspended. Second- ority Category Status; $25 million guarantee ing Code Appeals ried 6-0. Monun r1y JUrueb ,U, „ .,um.. Board for a 3-year term Motion by Connors for nal consideration and door if it can be ac- through January 11, final consideration and passage of Ordinance complished. Seconded 2014. Seconded by passage of Ordinance No. 7-11 Amending the by Resnick. Candace Lynch. Motion carried No. 3-11 Amending Ti- City of Dubuque Code Eudaley of East Central 6-0. tle 16 of the City of Du- of Ordinances by Intergovernmental Sister City Relation- buque Code of Ordi- amending Title 14 Agency (ECIA) provid- ships Advisory Com- nances, Unified Devel- (Buildings and Devel- ed a slide presentation mission: Setting 11 Ink opment Code, by pro- opment) and by and described the tial Terms: Three 1- viding for the approval amending Title 16 (Uni- logo/icon options. Mo- year terms through of an amended Cam- fled Development tion carried 6-0. February 1, 2012; Three pus Development Plan Code) extending the Amendments to Loan 2-year terms through for the University of development moratori- Agreements with the February 1, 2013; and Dubuque ID Institution- um for the Southwest Iowa Finance Authori- Five 3-year terms al District to allow con- Arterial Corridor to July ty: City Manager rec- through February 1, struction of a Perform- 1, 2012. Seconded by ommending approval 2014. Applicants: Shei- ing Arts Center and as- Lynch. Motion carried of amendments of the la Castaneda, 1014 sociated parking lot at 6-0. loan and disbursement Dunham Drive; Michael the corner of Bennett, Solar Thermal Licens- agreements with the Cott' 125 Bluff Street; McCormick and Grace ing, Permitting and In- Iowa Finance Authority sults: Sheila Casta- proposed ordinance. hearing be set for neda, Larissa Fili- Assistant City Planner March 7, 2011 to con- monenko, Eric Miller, Kyle Kritz provided a sider an amendment to and Annalee Ward staff report. the Dubuque Industrial were appointed to 3- Motion by Connors for Larissa Filimonenko, Streets. Seconded by spections (First Read- 2260 Samantha Drive; Jones. Motion carried ing on January 3, 2011): Jeffrey Jochum, 3750 6-0. Motion by Connors to Aerostar Drive; Richard Request to Rezone - receive and file the Landis, 2390 Clarke 2981 Central Avenue: documents and that Crest Drive; Pat Proof of publication on the requirement that a McNamara, 1041 Shady notice of public hear- proposed ordinance be Oaks Drive; William ing to consider a re- considered and voted Mclntee, 1339 Belmont quest from Adam John- on for passage at two Street; Eric Miller, 1290 son / Pegasus Proper- Council meetings prior W. 5th Street, #1; Betty ties to rezone property to the meeting at Phillips, 3047 Kane at 2981 Central Avenue which it is to be passed Court; Louise Thurn, from R-1 Single -Family be suspended. Second- 3037 Kaufmann Ave- Residential District to ed by Resnick. Motion nue; and Annalee OR Office Residential carried 6-0. Ward, 2758 Tiffany District and Zoning Ad- Motion by Connors for Court. visory Commission rec- final consideration and Motion by Jones to ommending approval. passage of Ordinance appoint Richard Landis Motion by Connors to No. 8-11 Amending City to the Sister City Rela- receive and file the of Dubuque Code of Or- tionships Advisory documents and that dinances Title 14 Build - Commission for one 3- the requirement that a ing and Development year term through Feb- proposed ordinance be by adding Chapter 13 ruary 1, 2014. considered and voted Solar Thermal Licenses Seconded by Connors. on for passage at two which requires a li- Motion carried 6-0. Council meetings prior cense in order to per - Motion by Jones to to the meeting at form work on solar appoint the remaining which it is to be passed thermal systems; and applicants by lottery. be suspended. Second- Ordinance No. 9-11 Seconded by Connors. ed by Lynch. Developer Amending City of Du- -Mayor Pro-Tem Braig Adam Johnson of Pega- buque Code of Ordi- and Council Member sus Properties, 211 4th nances Title 14 Build - Lynch drew the lottery Street, Galena, IL, ing and Development with the following re- spoke in support of the by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the stand- ards for solar thermal systems. Seconded by Resnick, Motion car- ried 6-0. Operation: New View Board of Directors: Communication from Tom Stovall, Operation: New View Community Action Agency, re- questing the appoint- ment of an additional City representative to serve on the Operation: New View Board of Di- rectors. Motion by Con- nors to receive and file the documents and ap- point Council Member Jones as the additional representative. Sec- onded by Jones. Motion carried 6-0. USS Dubuque (LPD-8) Ship's Bell: City Man- ager recommending approval to request the USS Dubuque's ship bell be loaned to the City of Dubuque when the ship is decom- missioned and desig- nation of a representa- tive to attend the decommissioning cere- mony. Motion by Jones to receive and file the documents and desig- nate Mayor Buol and former Mayor Walt Pregler as representa- tives to attend the decommissioning cere- mony. Seconded by Connors. Motion car- ried 6-0. Port of Dubuque Mari- na: City Manager rec- ommending approval of the selection of "Port of Dubuque Mari- na" as the name for the new Ice Harbor marina. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Lynch. Motion carried 6-0. Community Develop- ment Block Grant (CDBG) Contract for Caradco. Project: City Manager recommend- ing approval of a Com- munity Development Block Grant (CDBG) contract with the Iowa Department of Eco- nomic Development for the Caradco Building Project. Motion by Con- nors to receive and file documents and adopt Resolution No. 23-11 Authorizing the execu- final consideration and passage of Ordinance No. 4-11 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 at 2981 Cen- tral Avenue from R-1 Single -Family Residen- tial District to OR Of- fice Residential Dis- trict. Seconded by Jones. Motion carried 6-0. Release of Easements - Lot 1 of Yiannias Place: Proof of publica- tion on notice of public Engraved Gift Collec- tion and Steve's Ace Home and Garden were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion car- ried 6-0. Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI): City Manager recommending that a public hearing be set for February 7, 2011 to consider approval of the disposition of Du- buque Industrial Cen- ter West property to Faley Properties, LLC and Faley Enterprises, Inc., for the purpose of constructing a 65,000 square foot office/ dis- tribution center. Upon motion the documents were received and filed and Resolution No. 16- 11 Intent to dispose of an interest in City of Dubuque real estate Center Economic De- year terms through velopment District. February 1, 2014; Mi- Upon motion the docu- chael Coty, Betty Phil- ments were received lips, and Louise Thurn and filed and Resolu- were appointed to 2- tion No. 20-11 Resolu- year terms through tion of Necessity find- February 1, 2013; and ing that certain areas Jeffrey Jochum, Pat adjacent to the Dubu- McNamara, and Wil- que Industrial Center liam Mclntee were ap- Economic Development pointed to 1-year terms District meet the defi- through February 1, nition of an Economic 2012. Motion carried 6-0. Development Area un- PUBLIC HEARINGS der the Urban Renewal Upon motion the rules Law, and that develop- were suspended allow- ment of said areas is ing anyone present to necessary in the inter- address the City Coun- est of the residents of cil. the City of Dubuque, Request to Amend ID Iowa, was adopted set- Institutional District - ting a public hearing University of Dubuque: hearing to consider a for a meeting to com- Proof of publication on request from Brian mence at 6:30 p.m. on notice of public hear- Kane, representing Key March 7, 2011 in the ing to consider a re- City Investment Com- Historic Federal Build- quest from the Univer- pany, for the release -of ing. sity of Dubuque to easements in Yiannias Greater Downtown amend the ID Institu- Place in the City of Du - Urban Renewal Dis- tional District to allow buque and City Manag- trict: City Manager rec- construction of three er recommending ap- ommending that a pub- residence halls on the proval. Motion by lic hearing be set for south campus west of Jones to receive and March 7, 2011 to con- University Park Drive file the documents and sider an amendment to and Zoning Advisory adopt Resolution No. the Greater Downtown Commission recom- 22-11 Disposing of City Urban Renewal District mending approval. Mo- interest in Easement to include the South tion by Lynch to re- "B" and Easement "D" Bluff Street Subarea. ceive and file the docu- in Lot 1 and Lot 1A of Upon motion the docu- ments and that the re- Yiannias Place in the ments were received quirement that a pro- City of Dubuque, Dubu- and filed and Resolu- posed ordinance be que County, Iowa. tion No. 21-11 Resolu- considered and voted Seconded by Connors. tion of Necessity find- on for passage at two Motion carried 6-0. ing that certain areas Council meetings prior Upon motion the rules adjacent to the Greater to the meeting at were reinstated limit - Downtown Urban Re- which it is to be passed ing discussion to the newal District meet the be suspended. Second- City Council. definition of a blighted ed by Jones. James ACTION ITEMS area under the Urban Steiner, Vice President Amendments to the Renewal Law, and that of Finance and Auxili- Housing Code (First development of said ary Services for the Reading on January 3, area is necessary in University of Dubuque, 2011): Communication the interest of the resi- reviewed the project to from John Herrig re - dents of the City of Du- date. Assistant City questing a sit down buque, Iowa,. setting a Planner Kyle Kritz pro- work session with the public hearing for a vided a staff report. City Council or an ap- meeting to commence Responding to ques- pearance before the at 6:30 p.m. on March tions from City Council, City Council to be 7, 2011 in the Historic City Engineer Gus heard in reference to Federal Building. Psihoyos further de- the Action Item - BOARDS/ scribed the under- Amendments to the COMMISSIONS ground storm water Housing Code, as pro - Sister City Relation- detention technology posed. Motion by Jones ships Advisory Com- planned for this project to receive and file the mission: City Attorney and stated that he did documents and that recommending that the not foresee any issues the requirement that a membership of the Sis- with it. Motion carried proposed ordinance be ter City Relationships 6-0. considered and voted Advisory Commission Motion by Jones for fi- on for passage at two be increased from nal consideration and Council meetings prior eleven members to passage of Ordinance to the meeting at and fixing the date for thirteen members (two No. 2-11 Amending Ti- which it is to be passed a' public hearing of the representatives of the tle 16 of the Code of be suspended. Second - City Council of the City City Council and eleven Ordinances, Unified ed by Resnick. Council of Dubuque, Iowa on at -large members) and Development Code, by Member Resnick read the proposed issuance that five at -large mem- providing for the ap- Mr. Herrig's communi- of Urban Renewal Tax bers be appointed for proval of an amended cation into the Record. concerning the $8,676,000 SRF loan is- sued on February 12, 2010 and the $1,037,000 SRF loan issued on, Oc- tober 18, 2007. Motion by Connors to receive and file the documents and adopt Resolution No. 25-11 Approving and authorizing amendments to Loan and Disbursement Agreements by and be- tween the city of Dubu- que, Iowa, and the Io- wa Finance Authority. Seconded by Resnick. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors stated she believes it is important for Council Members to stay abreast of new technologies and invit- ed Council to attend a local conference re- garding low -impact de- velopment and storm water management coming up in February. She will forward the conference informa- tion. Jones reported on the success of the Special Olympics event, which took place in Dubuque last week. Resnick stated that he asks questions regard-. ing Council materials as an effort to better inform the public. There being no fur-; ther business, upon. motion the City Council adjourned at 8:20 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 1/26 corporation, pubhsher of t published in the City of D certify that the attached nc dates: January 26, 2011, a Subscribed to before me this„7 �j day of .