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6 20 11 Acting City Clerk's Skeleton Notes and Meetig CallTO: KEVIN S FIRNSTAHL, ACTING CITY CLERK YOU ARE HERBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JUNE 20, 2011, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL CONSENT ITEMS: PAGES 1 -8 V. SUTTON, MAYOR PRO -TEM CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Monday, June 20, 2011 Time: 6:30 PM Place of Meeting: Historic Federal Building, 350 W. 6th Street NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: SEE ATTACHED AGENDA This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and /or governmental body holding the meeting. ahl, Acting City Clerk RECEIVED 11 JUN 17 AM 8: 5 4 City Clerk's Office Dubuque, IA ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (563) 589 -4120 OR TTY (563) 690 -6678 AT LEAST 48 HOURS PRIOR TO THE MEETING CITY COUNCIL REGULAR SESSION, JUNE 20 2011 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PR SENT: MAYOR PRO -TEM SUTTON, COUNCIL MEMBERS, BR -AIG, CON NOBS, ES, LY I H, RE K ASSISTANT CITY MANAGER STEINH CITY ATTORN LI NDAHL ABSENT: MAYOR ROY BUOL, CITY MANAGER VAN MILLIGEN Mayor Pro -Tern Sutton read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE Nays E ...... Connors / Jones I Lynch I Resnick Sutton ................__; Braig INVOCATION /Fez �� �� Aa 4e Pastor ' New Life Church CONSENT ITEMS 1. Minutes and Reports Submitted Cable Community Teleprogramming Commission of 5/3; City Council Proceedings of 6/6; Civil Service Commission of 5/5; Historic Preservation Commission Education Task Force of 6/1; Park and Recreation Advisory Commission of 5/10; Safe Community Advisory Committee of 5/11 and 6/8; Sister City Relationships Advisory Commission of 6/8; Zoning Advisory Commission of 6/1; Zoning Board of Adjustment of 5/26 Carnegie -Stout Public Library Board of Trustees Update from Meeting of May 26, 2011 Proof of Publication for City Council Proceedings of May 16, 2011 Suggested Disposition: Receive and File 2. Notice of Claims /Suits Kelly Jo Smith for vehicle damage; Larry McDonough for vehicle damage; Wanda Schaller for personal injury Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Larry McDonough for vehicle damage; Tricia Mergen for vehicle damage; Kelly Jo Smith for vehicle damage Suggested Disposition: Receive and File; Concur 3. Dubuque County Attorney Communication from Assistant County Attorney Christine Corken thanking the City of Dubuque Police Department for their work related to the prosecution of Eddie Chest and Eddie Adams. Suggested Disposition: Receive and File 4. PEG Capital Grant Expenditure Request City Manager recommending approval of request from the Cable TV Tele- Programming Commission for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $15,000 for a 64 -bit, Windows 7 -based non - linear editing system for the TV control room at the City Hall Annex, and $12,500 for a set of portable efficient LED lights for remote production. Suggested Disposition: Receive and File; Approve Yays Nays Buel Connors Jones . ................_...._ ................_....... Resnick Sutton Braig 2 5. Specific and Aggregate Stop -Loss Renewal — Health and Prescription Drug City Manager recommending approval of the renewal rates as submitted by HM Life for the City's Specific and Aggregate Stop Loss Insurance — Health and Prescription Drug Plans. Yays Suggested Disposition: Receive and File; Approve 6. Park and Recreation Commission Communication from Mark Noble submitting his resignation from the Park and Recreation Commission due to a change in residency. Suggested Disposition: Receive and File; Accept Resignation 7. Investment Oversight Advisory Commission Communication from Virgil Blocker submitting his resignation from the Investment Oversight Advisory Commission Suggested Disposition: Receive and File; Accept Resignation 8. Sustainable Dubuque Project Status Report — May 2011 City Manager transmitting the Sustainable Dubuque Project Status Report for May 2011. Suggested Disposition: Receive and File 9. Civil Service Commission The Civil Service Commission submitting the certified list for the position of Serviceworker. Suggested Disposition: Receive and File; Make Matter of Record uol Connors Jones Lynch Sutton Braig 3 10. Purchase of Service Agreement — America's River Corporation City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the America's River Corporation in the amount of $10,000. Suggested Disposition: Receive and File; Approve 11. Purchase of Service Agreement — Dubuque Area Chamber of Commerce Convention and Visitors Bureau City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Convention and Visitors Bureau in the amount of $823,109. Suggested Disposition: Receive and File; Approve 12. Purchase of Service Agreement — Dubuque Area Labor Management Council City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $30,000. Suggested Disposition: Receive and File; Approve 13. Purchase of Service Agreement — Dubuque Main Street City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Dubuque Main Street in the amount of $74,276. Suggested Disposition: Receive and File; Approve 14. Purchase of Service Agreement — Greater Dubuque Development Corporation City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $501,613. Suggested Disposition: Receive and File; Approve 15. Purchase of Service Agreement — Helping Services of Northeast Iowa City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Helping Services of Northeast Iowa in the amount of $2,147. Suggested Disposition: Receive and File; Approve Ya y s ... _ ; ............ del• i Connors Jones Lynch Resnick Sutton Braig 4 16. Purchase of Service Agreement — Operation: New View Community Action Agency City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Operation: New View Community Action Agency in the amount of $18,805. Suggested Disposition: Receive and File; Approve 17. Purchase of Service Agreement - Opening Doors for Emergency and Transitional Housing City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Opening Doors for emergency and transitional housing in the amount of $5,000. Suggested Disposition: Receive and File; Approve 18. Purchase of Service Agreement — Project Concern Foster Grandparent Program City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent Program. Suggested Disposition: Receive and File; Approve 19. Purchase of Service Agreement — Proudly Accessible Dubuque City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Proudly Accessible Dubuque in the amount of $10,000. Suggested Disposition: Receive and File; Approve 20. Purchase of Service Agreement — Retired and Senior Volunteer Program City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with Retired and Senior Volunteer Program in the amount of $7,341. Suggested Disposition: Receive and File; Approve _ Yays I Connors Jones Lynch Resnick Sutton Braig 5 21. Purchase of Service Agreement — St. Mark Community Center City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with St. Mark Community Center in the amount of $15,000. 22. Purchase of Service Agreement — Substance Abuse Services Center City Manager submitting the Fiscal Year 2012 Purchase of Service Agreement with the Substance Abuse Services Center in the amount of $14,013. 23. Carnegie -Stout Public Library Renovation Project — Contract No. 9 City Manager recommending acceptance of the construction contract for the Carnegie - Stout Public Library Renovation Project Contract No. 9, Plumbing & Fire Protection Systems, as completed by Modern Piping, Inc. in the final contract amount of $241,328.00. RESOLUTION � 3 °l Accepting the Carnegie -Stout Public Library Renovation Project, Contract o. 9 — Plumbing & Fire Protection Systems and authorizing the payment of the contract amount to the contractor 24. 2011 Manhole Replacement Project City Manager recommending award of the 2011 Manhole Replacement Project to Drew Cook & Sons Excavating in the amount of $35,858.00. 25. 2011 Storm Sewer Intake Replacement City Manager recommending award of the 2011 Storm Sewer Intake Replacement Project to McDermott Excavating in the amount of $29,916.00. Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File; Adopt Resolution Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File; Approve uol Connors Jones '...._ Lynch ............... Resnick Sutton Braig Nays _ -. 6 26. Bicycle Friendly Community City Manager recommending that the City Council support Tri -State Trail Vision's initiative and approve the Bicycle Friendly Community Application to the League of American bicyclists for the City of Dubuque. Suggested Disposition: Receive and File; Approve 27. National Scenic Byways City Manager recommending approval of a National Scenic Byway grant application for the Bee Branch Creek Trail. Suggested Disposition: Receive and File; Approve 28. State Recreation Trails City Manager recommending approval of a grant application to the State Recreation Trails (SRT) for the Bee Branch Creek Trail as part of the National Mississippi River Trail (MRT) Route. RESOLUTION 2 9 Approving an application for State Recreational Trails funding to the IDOT for the Bee Branch Trail — MRT Route Suggested Disposition: Receive and File; Adopt Resolution 29. Smart Planning Consortium City Manager transmitting an update from the May 17 and June 8, 2011 Smart Planning Consortium meetings for City Council review and comment to the Consortium. Suggested Disposition: Receive and File 30. Dubuque Community School District — Professional Services Contract City Manager recommending approval of a Professional Services Contract with the Dubuque Community School District for the 21st Century Community Learning Center After School Programs Suggested Disposition: Receive and File; Approve Yays ....... ...._..... .................._- ..............._ } ......... 1 Connors Jones Lynch Resnick Sutton Braig 7 31. Iowa Risk Management Agreement City Manager recommending approval of the Iowa Risk Management Agreement for the Iowa Communities Assurance Pool. Suggested Disposition: Receive and File; Approve 32. Government Accounting Standards Board (GASB) City Manager recommending that the City Council delegate authority to the City Manager, or the City's Manager's designee, to assign general fund balance for intended purposes under GASB 54. RESOLUTION /95 >/f Approval of Delegation of Authority to City Manager, Budget Director or Finance Director to assign general fund balance for intended purposes under the new guidelines of Governmental Standards Accounting Board (Gasb) Pronouncement 54 Suggested Disposition: Receive and File; Approve 33. Eide Bailly Audit Engagement Agreement City Manager advising that the annual audit engagement letter to Eide Bailly has been signed and transmitting information contained in the audit engagement letter for Fiscal Year ending June 30, 2011. Suggested Disposition: Receive and File 34. Environmental Stewardship Advisory Commission Communication from the Environmental Stewardship Advisory Commission expressing support for reducing Dubuque's greenhouse gas emissions 50 percent from 2003 levels by 2030. Suggested Disposition: Receive and File 35. Walter Development, LLC and TM, Inc. City Manager recommending approval of an Assignment of Right to Purchase Property Under Development Agreement with Walter Development, LLC / TM, Inc. and Epic Construction. I ..._ Yays ......._ I._..._ .. ...........................__.. � Bue} Connors Jones Lynch . . . . . . . . . . . . . . . Resnick I Sutton Braig Nays 8 36. Lower Bee Branch Creek Restoration Project City Manager recommending approval of the execution of two change orders amending the construction contract with Tschiggfrie Construction for the Lower Bee Branch Creek Restoration Project to include the construction of a hike /bike trail rest area and lighting along the hike /bike trail. 37. University of Wisconsin / Platteville — Internship Opportunity City Manager recommending the addition of a grant- funded, paid internship position to the Dubuque Police Department. 38. Signed Contracts 1) City Hall Cooling Upgrade Design Firm Recommendation; 2) Second Amendment to the Lease Agreement between the City of Dubuque and the Dubuque County Elections Commission; 3) Professional Services Agreement with WHKS & Co. for the public water main along Bies Drive; 4) Tenth and Central Parking Ramp Change Order No. ,007 -PS; 5) Short Form Improvement Contract between the City of Dubuque and Mickey Bahr to provide landscape maintenance for the Indiana Court Detention Basin Yays Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File Bel} Connors i Jones Lynch Resnick Sutton Bra ig 9 39. Cigarette and Liquor License Applications City Manager recommending approval of cigarette and liquor license applications and renewals as submitted. RESOLUTION /g Granting the issuance of 17 Cigarette License Renewals to Cedar Cross Amoco BP, Diamond Jo Casino, Hartig Drug, Kohinoor Grocers, Kwik Stop, Let's Roll Tobacco, McCann's Service and the Riviera Lounge RESOLUTION / 97 Granting the issuance of a Class "B" Beer Permit (5 -Day License) to the Dubuque Jaycees; a Class "B" Beer Permit to Legionaires Drum & Bugle Corps; a Class "C" Beer Permit to TFM Co.; Pioneers Rest Stop, LLC; and LB Metcalf, Inc. RESOLUTION i 9 V Granting the issuance of a Class "C" Beer /Liquor License (5 -Day License) to Dubuque Area Labor Management Council; a Class "C" Beer /Liquor License to Vinny Vanucchi's, National Mississippi River Museum and Aquarium, American Legion Post #6, Paul's Tavern, Mason Dixon Saloon, Creslanes Bowling, Five Flags Center, Murph's South End tap, and Dubuque Bowling Lanes; a Special Class "C" Liquor License to the Rotary Club of Dubuque; and a Class "B" (WBN) Native Wine License to the National Mississippi River Museum and Aquarium and I Luv Food Suggested Disposition: Receive and File; Adopt Resolutions Yays ..... ......_ ......................_ Nays , $U-Gi Connors Jones Lynch Sutton I Braig • 10 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Port of Dubuque Marina — Bid Package No 2 Amenities Building 7/5/11 2. Lake Ridge Economic Development District 8/1/11 3. General Obligation Urban Renewal Bonds 7/5/11 4. General Obligation Bonds — for Essential Corporate Purposes 7/5/11 5. General Obligation Bonds (Various City Projects) 7/5/11 Yays ..._ ........................ 1 Connors Jones 1 Lynch 1 Resnick i Sutton ................. Braig 1. Port of Dubuque Marina — Bid Package No 2 Amenities Building 2 5- /k- City Manager recommending the initiation of the public bidding process for the Port of Dubuque Marina Bid Package No. 2 — Amenities Building and that a public hearing be set for July 5, 2011. RESOLUTION ) � Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids „ Q� Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/5/11 2. Lake Ridge Economic Development District City Manager recommending approval of a Resolution of Necessity finding that the creation of a new Lake Ridge Economic Development District is both necessary and appropriate and that a public hearing be set for August 1, 2011. RESOLUTION c2--/Z' Resolution of Necessity finding that certain property along Lake Ridge Drive is an economic development area and that the development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/1/11 11 3. General Obligation Urban Renewal Bonds City Manager recommending a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $1,265,000 General Obligation Urban Renewal Bonds for Dubuque Industrial Center West Improvements and Downtown Improvements. RESOLUTION �O( Fixing date for a meeting on the proposition of the issuance of not to exceed $1,265,000 General Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/5/11 4. General Obligation Bonds — for Essential Corporate Purposes City Manager recommending that a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $7,035,000 General Obligation Bonds for Essential Corporate Purposes. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $7,035,000 General Obligation Bonds (for Essential Corporate Purposes) of the City of Dubuque, State of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/5/11 5. General Obligation Bonds City Manager recommending a public hearing be set for July 5, 2011 to consider the issuance of not to exceed $700,000 General Obligation Bonds for various City projects. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 7/5/11 12 BOARDS /COMMISSIONS LIBRARY IS MAYOR'S APPOINTMENT WITH COUNCIL CONCURRENCE Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Historic Preservation Commission Two 3 -year terms through July 1, 2014: At- Large /Architect, Langworthy and Cathedral Historic Preservation Districts requirements (Expiring terms of Klavitter and Wand; vacant term of Stover) Applicants: David Klavitter, 1090 West Third Street (Langworthy District resident)/... Mitzi Krey, 423 W. 3 Street. (Cathedral District resident) Christopher Wand, 942 Mt. Pleasant Street (At- Large /Architect) This commission is subject to the State of Iowa Gender Balance Law effective as of January 1, 2012. Investment Oversight Advisory Commission One 3 -year term through July 1, 2014 (Expiring term of Blocker) Applicant: Paul Lassance, 4846 Embassy Court Library Board of Trustees (MAYOR APPOINTMENT) Two 4 -year re- staggered terms through July 1, 2012 and July 1, 2015 (Expiring terms of Connors and Hammer) Applicants: Paula Connors, 818 S. Grandview Avenue Recommended term of 7/1/12 �/.y David Hammer, 720 Laurel Street Recommended term of 7/1/15 T This commission is subject to the State of Iowa Gender Balance Law effective as of January 1, 2012. Long Range Planning Advisory Commission Two 3 -year terms through July 1, 2014 (Expiring terms of Van Iten and Vincent) Applicants: Richard Van Iten, 3273 Bittersweet Lane Alan Vincent, 1010 Dunham Drive Park and Recreation Advisory Commission Three 3 -year term through June 30, 2014 (Expiring term of Nadeau, vacant terms of Blocklinger and Noble) Applicants: Chuck Harris, 2473 Jackson Street Kenneth Klinge, 2267 Carter Road Evelyn Nadeau, 663 Fenelon Place . Ara � 13 Appointments to the following commission to be made at this meeting. TV Cable Regulatory Commission One 3 -year term through June 30, 2014 (Expiring term of Webster) Applicant: Walt Webster, 3509 Asbury Road TV Cable Community Teleprogramming Commission Two 3 -year terms through June 30, 2014 (Expiring terms of Maloney and Herrig) Applicants: George Herrig, 2395 W. 32 Street Pauline Maloney, 506 St. George Street Zoning Advisory Commission Two 3 -year terms through July 1, 2014 (Expiring Terms of Christ and Henschel) Applicants: Thomas Henschel, 63 Wellington Lane (4 Martha Christ, 88 Pr ceton 0)(11 This commission is subject to the State of Iowa Gender Balance Law effective as of January 1, 2012. Human Rights Commission Two 3 -year terms through January 1, 2012 (vacant terms of Apel and Sutton) Applicants: Regine Ronek, 2282 White Street Judie Root, 364 Hill Street Ms. Ronek and Ms. Root both currently serve on the Housing Commission This commission is subject to the State of Iowa Gender Balance Law effective as of January 1, 2012. Yays Buol Connors Jones Lynch _ Resnick Sutton Braig I Nays U5Y 14 Yays Connors IJones Lynch Resnick Sutton ............... Braig Nays PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. Connors Jones Lynch ...- ........ Resnick Sutton Braig 1. Request to Rezone – 3051 Brunskill Road Proof of publication on notice of public hearing to consider a request from Darlene Leibold Trust / Tom ' , n, Rauen Properties, to rezone prop located at 3051 —e.3 Brunskill Road from ' -' ingle- Family Residential District to y��� eral Commercial - District and the Zoning Advisory Commission recommendin Communication from Tom Rauen withdrawing the request. Communications and petition from William Herrig, 2855 Brunskill Road, in opposition to the request. SUSPEND THE RULES Id/Pk- SX/thw d/a441-ii/17-4/44_ 6 ,Zi t if a*, AbgliNZ I /j d)0 15 ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified evelopment Code, by reclassifying hereinafter described property located at 3051 Brunskill Road from R -1 Single - Family Residential District to C -3 General Commercial District. Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote Necessary) 2. Request to Rezone —1987 Washington Street Proof of Publication on notice of public hearing to consider a request from Dan Wolff to rezone property located at 1987 Washington Street from C -2 Neighborhood Shopping Center District to C -4 downtown Commercial District and the Zoning Advisory Commission recommending approval. ORDINANCE S Amending Title 16 of the City of Dubuque Code of Ordinances, Unifie Development Code, by reclassifying hereinafter described property located at 1987 Washington Street from C -2 Neighborhood Shopping Center District to C -4 Downtown Commercial District. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Read ngs I Yays ' Nays 1 B.a.et Connors Jones 1 Lynch Resnick Sutton Braig Final Reading & Adopt Yays ..................................... ......_............__... Buel Connors Jones Lynch Sutton Braig +7P/it din, idphil 09,944v, o % R oe - &imo 9(i)1/ o - 477/pi i3vs 16 3. Request to Rezone — 3087 Central Avenue Proof of Publication on notice of public hearing to consider a request from Jeff and Mindy Stiles to rezone property at 3087 Central Avenue from R -3 Moderate Density Multi - Family Residential District to R -4 Multi - Family Residential District and the Zoning Advisory Commission recommending approval. Communication from Planning Services Manager Laura Carstens advising that 59.8% of the adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super- majority vote of the City Council is necessary to approve the rezoning request. Citizen communications and petitions from Ervin and Linda Auderer and Michael Brennan in opposition to the proposed rezoning. Citizen communications and petitions from Suzanne Morales and Jim Schwalb in support of the proposed rezoning. City Manager transmitting information concerning an inspection regarding the number of dwelling units at 3087 Central Avenue. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified evelopment Code, by reclassifying hereinafter described property located at 3087 Central Avenue from R -3 Moderate Density Multi - Family Residential District to R -4 Multi - Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote Necessary) l5 Suspend the Readings I Yays .................._....... ....._._....................... � ..._ Nay .... s ............ I Bet Connors Jones I ( Jon Lynch Lynch Resnick Resnick ..._:..... s it Sutton Sutton l Braig Braig 17 4. Planned Residential District Amendment — 2763 University Avenue Proof of publication on notice of public hearing to consider a request by Tom Kluck to amend the Planned Residential District to permit a two -story common building with three apartments on the second story at property located at 2763 University Avenue and the Zoning Advisory Commission recommending approval. Communications from Gus Hammer and Bruce and Annabelle Schaal in opposition to the proposed amendment. After conclusion of the Commission meeting, the applicant contacted the Planning Services Department regarding a request to reduce the setback from 25 feet to 20 feet on the north side property line. A super majority is need for the City Council to approve the 20 -foot setback. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment Of Ordinance 36 -09, which established regulations for a Planned Unit Development with a Planned Residential Designation, located north of the University Avenue and Ethel Street intersection, and now being amended to allow three additional apartment units and enlarging the club house building. Suggested Disposition: Receive and File; Motion B; Motion A (Simple Majority to Approve the Request as Submitted); or Motion B; Motion A (Super Majority Necessary to Approve Additional Setback Requirement) /16 4/62; -/# Suspend the Read ngs .............................. Final Reading & Adopt Yays ._.. ......_........._....._......_. Nays ..._ .... ............................... 1 Yays .._........ .......__....__................ Nays Buol Connors Jones Lynch Resnick Sutton Bra' .._..__.......... :. ....__........._. Buel Connors Jones Lynch Sutton Braig .............. 18 r9 b 5. Vacating Petition — University of Dubuque Proof of publication on notice of public hearing to consider a request from the University of Dubuque to vacate a portion of unimproved public alley west of Algona Street between West Third Street and Bennett Street and the City Manager recommending approval. RESOLUTION plat of proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street in the City of Dubuque, Iowa Yays RESOLUTION Connors Jones Lynch -I Resnick Sutton Braig Connors Jones — .. _.... Resnick Sutton Braig Disposing of City interest in lot 3A of Bennett Street Subdivision, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions REINSTATE THE RULES This action limits discussion to the City Council. 19 ACTION ITEMS These are items where discussion is held by the City Council — public comments are not allowed except as authorized by the Mayor. 1. Central Avenue Reconstruction Update City Manager to provide an update on the City's activities to assist the Central Avenue businesses during the street reconstruction. Suggested Disposition: Receive and File Connors Jones Lynch .............._..... . Resnick Sutton Braig Sutton Braig Yays .........._ _ N ays ............ uol 1 Connors J Jones . y ........_ ILynch Resnick 2. Land Donation — Timber -Hyrst Subdivision City Manager recommending acceptance of Lot 2 of Timber -Hyrst Estates Subdivision for a mini park as donated by Marty McNamer. Suggested Disposition: Receive and File; Approve 20 ixe 004 14/ 6/1a/ii g tom 51/ gz( gin mu) 71u" 711/45 5/g iWe A Y 16 4,-495/6k. if/t-ik h Me M, lc z 3. Fiscal Year 2012 Solid Waste Collection Monthly Based Fe City Manager recommending that the monthly refuse collection rate be reduced from $11.09 per month to $10.72 per month beginning July 1, 2011. ORDINANCE,!Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13 -6A -6 Rates and Charges Established; Exceptions Suggested Disposition: Receive a d File; Motion B, Motion A 1 ..._ Yays ..._._ . ............................._. ' Na s ....... Y _ Bu-el- Connors ? Jones Lynch Resnick Sutton Braig COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. Motion to adjourn at Nays Buef Connors Jones Lynch .....................: Resnick "Sutton Braig Kevin S. 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