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 .