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Grant program and Tri -State Business Repairs - RAM Change No. 45 -11 Amending
authorize the signing Times- Rising Stars: Order; B) Dubuque Title 16 of the City of
of the award document City Manager trans- Community School Dubuque Code of
and special conditions. mitting information District agreement Ordinances, Unified
Upon motion the from the Tri -State with Jule Trans- Development Code,
documents were Business Times portation; C) Water rescinding Ordinance
received, filed, and featuring Assistant Pollution Control Plant 66 -95, and approving
approved. Economic Development Modifications Project an amended Campus
Fiscal Year 2011 City Director Aaron DeJong contract with Terracon Development Plan for
Street Financing as one of eight rising Consultants for site Padre Pio Health Care
Report: City Manager stars of the tri -state investigation services. Center Institutional
recommending appro- business world. Upon Upon motion the District for a new four -
val of the City of motion the document documents were story nursing addition
Dubuque's Fiscal Year was received and filed. received and filed. and a one -story
2011 City Street U.S. Department of Liquor License Appli- therapy addition.
Financing Report. Upon Housing and Urban cations: City Manager Seconded by Connors.
motion the documents Development (HUD): recommending appro- Motion carried 6 -0.
were received and filed Communication from val of annual liquor Unified Development
and Resolution No. 313- Director Michelle Mil- license renewals as Code: City of Dubuque:
11 Approving the City ler, Programs Division submitted. Upon Request from the City
of Dubuque Fiscal Year Director for the U.S. motion the documents of Dubuque to amend
2011 City Street Department of Housing were received and filed Section 6 -4 Flood
Financing Report was and Urban Develop- and Resolution No. 319- Hazard Overlay of the
adopted. ment informing the 11 Granting the Unified Development
Manson Road Bridge City that It's Green and issuance of a Class "C" Code and the Zoning
and Watermain Healthy Homes and Beer /Liquor License to Advisory Commission
Emergency Repair: City Lead Hazard Control Happy's Place, the recommending appro-
Manager recommend- program's overall Grand Tap, Manna Java val. Motion by Jones to
ing emergency repairs performance is out- World Cafe, Angie's receive and file the
to the Manson Road standing. Upon motion Bar, and The District; a documents and that
bridge and watermain the documents were Class "B" Wine License the requirement that a
and to retain IIW received and filed. to Eagle Country proposed ordinance be
Engineers & Surveyors, Federal Emergency Market; and Resolution considered and voted
PC to provide Management Agency No. 320 -11 Granting the on for passage at two
engineering consultant (FEMA): Correspon- issuance of a Class "C" Council meetings prior
services. Upon motion dence from Sandra Beer Permit to Eagle to the meeting at
the documents were Knight, Deputy Federal Country Market were which it is to be passed
received and filed and Insurance and Miti- adopted. be suspended. Second -
Resolution No. 314 -11 gation Administrator ITEMS TO BE SET FOR ed by Braig. Planning
Authorizing emergency for the Federal Emer- PUBLIC HEARING Services Manager
repairs to the bridge gency Management Motion by Connors to Laura Carstens pro -
and watermain on Agency (FEMA) receive and file the vided a staff report.
Manson Road and to advising that the City documents, adopt the
retain the services of has until October 18, resolutions, set the
IIW Engineers & 2011 to adopt and have public hearings as
Surveyors, PC to the Department of indicated, and direct
provide engineering Homeland Security's the City Clerk to
consultant services Federal Emergency publish notice as
was adopted. Management Agency prescribed by law.
Consent Decree (FEMA) Regional Office Seconded by Braig.
Semiannual Report: approve floodplain Motion carried 6 -0.
City Manager submit- management measures Dubuque Regional
ting the Environmental that satisfy 44 Code of Airport - Conservation
Protection Agency Federal Regulations Easement: City Mana-
(EPA) Consent Decree, (CFR) Section 60.3(d) ger recommending
September 30, 2011 of the National Flood setting a public
semiannual report. Insurance Program hearing for October 3,
Upon motion the (NFIP) regulations. 2011 to consider
documents were Upon motion the disposal of an interest
received and filed. documents were in City -owned property
Bishop Block Subor- received, filed and as set forth in the
dination: City Manager referred to the City Declaration of Conser-
recommending appro- Manager. vation Covenants and
val of the subordin- Sustainable Dubuque: Restrictions Conser-
ation of the City's City Manager recom- vation Easement on the
mortgage on the mending purchase of specified property at
Bishop's Block Building Sustainable Dubuque the Dubuque Regional
at the request of Mercy promotional items for Airport. Upon motion
Housing, Inc., in order use at the Growing the documents were
to refinance existing Sustainable Communi- received and filed and
indebtedness on the ties conference and for Resolution No. 321-11
property. Upon motion community activities. Resolution of Intent to
the documents were Upon motion the dispose of an interest
received, filed, and documents were in City of Dubuque real
approved. received, filed, and estate and fixing the
Fiscal Year 2011 approved. date for a public
Consolidated Annual City of Dubuque Code hearing of the City budget for the fiscal
Performance and of Ordinances - Supple- Council of the City of year ending June 30,
Evaluation Report ment No. 5: City Dubuque, Iowa, on the 2012. Seconded by
(CAPER): City Manager proposed disposition of Jones. Responding to
Motion carried 6 -0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 46 -11 Amending
Title 16 of the City of
Dubuque Code of
Ordinances, Unified
Development Code, by
repealing Section 6 -4
Flood Hazard Overlay
District and enacting a
new Section 6 -4 Flood
Hazard Overlay District
to comply with Nation-
al Flood Insurance
Program Require-
ments. Seconded by
Braig. Motion carried 6 -0.
Fiscal Year 2012
Budget Amendment
No. 1: Proof of
publication on notice
of public hearing to
consider the Fiscal
Year 2012 Budget
Amendment No. 1, and
the City Manager
recommending appro-
val. Motion by Connors
to receive and file the
documents and adopt
Resolution No. 322 -11
Amending the current
recommending appro-
val of the submission
to U.S Department of
Housing and Urban
Development of the
Consolidated Annual
Performance and
Evaluation Report
(CAPER) for the period
of July 1, 2010 through
CITY OF DUBUQUE, June 30, 2011. Upon
IOWA motion the documents
CITY COUNCIL were received and filed
PROCEEDINGS and Resolution No. 315 -
The Dubuque City 11 Authorizing the
Council met in regular submission of a
session at 6:30 p.m. on Consolidated Perfor-
September 19, 2011 in mance and Evaluation
the Historic Federal Report (CAPER) for the
Building, 350 W. 6th period commencing
Street. July 1, 2010 and
Present: Mayor Pro- concluding June 30,
Tem Sutton, Council 2011 was adopted.
Members Braig, PEG Capital Grant
Connors, Jones, Lynch, Expenditure Requests:
Resnick, Acting City City Manager recom -
Manager Peck, City mending approval of a
Attorney Lindahl request from the City
Absent: Mayor Buol, of Dubuque for up to
City Manager Van $37,500 for two 60-
Milligen terabyte servers to
Mayor Pro -Tem provide storage and
Sutton read the call back up of the media
and stated this is a files generated by the
regular session of the Cable TV Division and
City Council to conduct from Mediacom for up
such business that may to $23,500 to replace
properly come before and upgrade the
the Council. equipment in the
Pledge of Allegiance public access studio.
Invocation was Upon motion the
provided by Reverend documents were
Eugene Kutsch. received, filed, and
PROCLAMATION approved.
Crop Walk Day Final Plat - Pine View
(October 2, 2011) was Subdivision: Zoning
accepted by Dorothy Advisory Commission
Krayer, 1205 Park recommending appro-
Street. val of the Final Plat for
CONSENT ITEMS Pine View Subdivision
Motion by Lynch to (12724 Pine View
receive and file the Drive) as requested by
documents, adopt the John Sibley. Upon
resolutions, and dis- motion the documents
pose of as indicated were received and filed
with exception to #11 and Resolution No. 316 -
(Request to Rezone 340 11 Approving the Final
Olympic Heights). Plat of Pine View
Seconded by Jones. Subdivision in Dubuque
Motion carried 6 -0. County, Iowa, was
Minutes and Reports adopted.
Submitted: Arts and Plat of Survey -
Cultural Affairs Advi- Olympic Heights:
sory Commission of Zoning Advisory Com -
7/26; Cable Community mission recommending
Teleprogramming Com- approval of the Plat of
mission of 7/5; City Survey of Gillespie's
Council proceedings of Third Addition (340
9/6 and 9/12; Civil Olympic Heights) as
Service Commission of submitted by Allen
9/5 and 9/6; Housing Weber. Upon motion
Trust Fund Committee this item was removed
of 8/19 and 9/23/10; from the agenda.
Human Rights Com- Plat of Survey -
mission of 7/25; Park Asbury Plaza No. 16:
and Recreation Advi- Zoning Advisory Com -
sory Commission of mission recommending
8/9; Zoning Advisory approval of the Plat of
Commission of 9/7; Survey for Asbury
Zoning Board of Plaza No. 16 (Asbury
Adjustment of 8/25 Drive) as submitted by
Library Board of Dave Schneider. Upon
from motion the documents
were received and filed
Meeting of August 25, and Resolution No. 317- approved. Title 16 of the City of the requirement that a
2011 Council Publication of Survey 11 Approving the Plat Alcohol Compliance - Dubuque Code of proposed ordinance be
for City Council of Pu- for Asbury Civil Penalties for Ordinances, Unified considered and voted
,c in r'if., of ei'nhni 1 iranca Hnlrb r)pvelnnmPnt Code. by on for oassaae at two
Manager recommend-
ing adoption of
Supplement No. 5 to
the City of Dubuque
Code of Ordinances.
Upon motion the
documents were
received and filed and
Resolution No. 318 -11
Adopting Supplement
No. 5 to the Code of
Ordinances of the City
of Dubuque, Iowa, was
adopted.
Housing Trust Fund
Committee: Housing
Commission recom-
mending approval of
the appointment of
Dorothy Schwendinger
as the Commission's
representative to the
Housing Trust Fund
Committee. Upon
motion the documents
were received, filed,
and approved.
Dubuque Metropoli-
City owned - property in questions from City
the form of a Council, Budget Direc-
Declaration of Conser- tor Jenny Larson clari-
vation Covenants and fied that this involves
Restrictions and provi- carryover of funds for
ding for the publication projects and grants
of notice thereof was which cross multiple
adopted setting a fiscal years. Motion
public hearing for a carried 6 -0.
meeting to commence Rose of Dubuque, LLP -
at 6:30 p.m. on October Development Agree -
3, 2011 in the Historic ment: Proof of
Federal Building. publication on notice
BOARDS/ of public hearing to
COMMISSIONS consider a Develop -
Applicants were ment Agreement with
invited to address the the Rose of Dubuque,
City Council regarding LP for a 70 -unit
their desire to serve on affordable living OF IOWA
the following Boards/ facility on Lake Ridge .
Commissions: Civic Drive and the City
Center Commission: Manager recommend- nUE COUNTY
One 3 -year term ing approval. Motion
through June, 29, 2013 by Jones to receive and
(vacant term of Fields). file the documents and
Applicant: Jody Willen- adopt Resolution No.
borg 3497 Hillcrest 323 -11 Approving a
Clean Air Attainment
Program (ICAAP) grant
application to the Iowa
Department of Trans-
portation to fund IBM
research and for
implementation of two
pilot route services.
Seconded by Jones.
Motion carried 6 -0.
Request for Work
Session: City Manager
requesting setting a
work session on Mon-
day. December 5, at
5:30 p.m. for a pre-
sentation on Council
Bluff's activities relat-
ed to the 2011 Missouri
River flooding. Motion
by Connors to receive
and file the document
and set a work session
for the requested date
and time. Council Mem-
ber Lynch stated that
he will not be able to
attend. Seconded by
Jones. Motion carried 6 -0.
COUNCIL MEMBER
REPORTS
Council Member Braig
and Mayor Pro -Tem
Sutton reported on the
Midwest Culturally
Inclusive Conference
they attended in
Platteville on Septem-
ber 16 and 17.
There being no
further business, upon
motion the City Council
adjourned at 7:31 p.m.
Kevin S. Firnstahl
City Clerk
it 9/28
tan Area Transporta- Road, #2. Ms. Willen- Development Agree- CERTIFICATION OF
tion Study (DMATS): borg spoke in support ment with the Rose of
City Manager trans- of her appointment. Dubuque, L.P. for
miffing a letter of PUBLIC HEARINGS property located on
support for the Upon motion the rules Lake Ridge Drive.
Dubuque Metropolitan were suspended allow- Seconded by Resnick.-.,
Area Transportation ing anyone present to Responding to ques-
Study (DMATS) for a address the City tions from City Council,
Sustainable Communi- Council. developer Greg McClen-
ties Regional Planning Request to Rezone - ahan addressed the
grant to the U.S. 3400 Block of Keymont issue that all residents
Department of Housing Drive: Request from are encouraged to
and Urban Develop- Tom Thompson to wear electronic pen -
ment (HUD). Upon rezone property locat- dants for the 24 -hour
motion the documents ed at 3400 Keymont emergency safety sys-
were received and Drive from R -2 Two- tem. Motion carried 6 -0.
filed. Family Residential Dubuque River Rides,
Alcohol Compliance - District to R -3 Inc. - Docking Lease
Civil Penalties for Moderate Density Multi- Agreement: Proof of
Alcohol License Hold- Family Residential publication on notice
ers - Casey's #2421: District and the Zoning of public hearing to
City Manager recom- Advisory Commission consider the proposed
mending appro -val of recommending appro- Docking License Agree -
the Alcohol Compli- val. Motion by Connors ment between the City
ance Settlement Agree- to receive and file the of Dubuque and
ment with Casey's documents and that Dubuque River Rides,
General Store #2421. the requirement that a Inc., and the City
Upon motion the docu- proposed ordinance be Manager recommend -
ments were received, considered and voted ing approval. Motion
filed, and approved. on for passage at two by Jones to receive and
Alcohol Compliance - Council meetings prior file the documents and
Civil Penalties for to the meeting at adopt Resolution No.
Alcohol License Hold- which it is to be passed 324 -11 Disposing of an
ers - Hilton Garden Inn be suspended. Second- Interest in real
/ Houlihan's Restau- ed by Jones. Charles property by License
rant: City Manager Daoud, 396 Moore Agreement with
recommending appro- Heights, spoke in Dubuque River Rides,
val of the Alcohol support of the Inc. Seconded by Braig
Compliance Settlement proposed ordinance. Motion carried 6 -0.
Agreement with Hilton Planning Services Man- Upon motion the rules
Garden Inn / Houli- ager Laura Carstens were reinstated limit -
han's Restaurant. Upon provided a staff report. ing discussion to the
motion the documents Responding to ques- City Council.
were received, filed, tions from City Council, ACTION ITEMS
and approved. Zoning Advisory Com- Electrical Code
Alcohol Compliance - mission Chairperson Amendments: City
Civil Penalties for Charles Miller, Mr. Manager recommend -
Alcohol License Hold- Daoud and Ms. ing approval of
ers - Instant Replay: Carstens addressed amendments to the
City Manager recom- sustainability ele- City of Dubuque's
mending approval of ments, security and Electrical Code that
the Alcohol Compli- ownership issues. have been recommend -
ance Settlement Agree- Motion carried 6 -0. ed by the Electrical
ment with Instant Motion by Connors for Board of Appeals.
Replay. Upon motion final consideration and Motion by Connors to
the documents were passage of Ordinance receive and file the
received, filed, and No. 44 -11 Amending documents and that
{SS:
PUBLICATION
Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
. publisher of the Telegraph Herald,a newspaper of general circulation
1 the City of Dubuque, County of Dubuque and State of Iowa; hereby
the attached notice was published in said newspaper on the following
tuber 28, 2011, and for which the charge is $291.46.
o before me, a Lary Public in and for Dubuque County, Iowa,
day o
,20// .
Notary Public in and or Dubuque County, Iowa.
MARY K. WESTERMEt
Commission Number 154
aw
uevelupmeni �i uic
Consolidated Annual
Performance and
Evaluation Report
(CAPER) for the period
of July 1, 2010 through
CITY OF DUBUQUE, June 30, 2011. Upon
IOWA motion the documents
CITY COUNCIL were received and filed
PROCEEDINGS and Resolution No. 315 -
The Dubuque City 11 Authorizing the
Council met in regular submission of a
session at 6:30 p.m. on Consolidated Perfor-
September 19, 2011 in mance and Evaluation
the Historic Federal Report (CAPER) for the
Building, 350 W. 6th period commencing
Street. July 1, 2010 and
Present: Mayor Pro- concluding June 30,
Tem Sutton, Council 2011 was adopted.
Members Braig, PEG Capital Grant
Connors, Jones, Lynch, Expenditure Requests:
Resnick, Acting City City Manager recom -
Manager Peck, City mending approval of a
Attorney Lindahl request from the City
Absent: Mayor Buol, of Dubuque for up to
City Manager Van $37,500 for two 60-
Milligen terabyte servers to
Mayor Pro -Tem provide storage and
Sutton read the call back up of the media
and stated this is a files generated by the
regular session of the Cable TV Division and
City Council to conduct from Mediacom for up
such business that may to $23,500 to replace
properly come before and upgrade the
the Council. equipment in the
Pledge of Allegiance public access studio.
Invocation was Upon motion the
provided by Reverend documents were
Eugene Kutsch. received, filed, and
PROCLAMATION approved.
Crop Walk DaY Final Plat - Pine View
(October 2, 2011) was Subdivision: Zoning
accepted by Dorothy Advisory Commission
Kraye r, , 1205 Park re dn appro-
val Final Plat for
documents were ding for the publication projects d111.1 ytau
n
received and filed and of notice thereof was which cross multiple
Resolution No. 318 -11 adopted setting a fiscal years. Motion
Adopting Supplement public hearing for a carried 6 -0.
No. 5 to the Code of meeting to commence Rose of Dubuque, LLP -
Ordinances of the City at 6:30 p.m. on October Development Agree -
of Dubuque, Iowa, was 3, 2011 in the Historic ment: Proof of
adopted. Federal Building. publication on notice
Housing Trust Fund BOARDS/ of public hearing to
Committee: Housing COMMISSIONS consider a Develop -
Commission recom- Applicants were ment Agreement with
mending approval of invited to address the the Rose of Dubuque,
the appointment of City Council regarding LP for a 70 -unit
Dorothy Schwendinger their desire to serve on affordable living
as the Commission's the following Boards/ facility on Lake Ridge
representative to the Commissions: Civic Drive and the City
Housing Trust Fund Center Commission: Manager recommend -
Committee. Upon One 3 -year term ing approval. Motion
motion the documents through June, 29, 2013 by Jones to receive and
were received, filed, (vacant term of Fields). file the documents and
and approved. Applicant: Jody Willen- adopt Resolution No.
Dubuque Metropoli- borg, 3497 Hillcrest 323 -11 Approving a
tan Area Transporta- Road, #2. Ms. Willen- Development Agree -
tion Study (DMATS): borg spoke in support ment with the Rose of
City Manager trans- of her appointment. Dubuque, L.P. for
mitting a letter of PUBLIC HEARINGS property located on
support for the Upon motion the rules Lake Ridge Drive.
Dubuque Metropolitan were suspended allow- Seconded by Resnick.
Area Transportation ing anyone present to Responding to ques -
Study (DMATS) for a address the City tions from City Council,
Sustainable Communi- Council. developer Greg McClen-
ties Regional Planning Request to Rezone - ahan addressed the
grant to the U.S. 3400 Block of Keymont issue that all residents
Department of Housing Drive: Request from are encouraged to
and Urban Develop- Tom Thompson to wear electronic pen -
ment (HUD). Upon rezone property locat- dants for the 24 -hour
motion the documents ed at 3400 Keymont emergency safety sys-
were received and Drive from R -2 Two- tem. Motion carried 6 -0.
filed. Family Residential Dubuque River Rides,
Alcohol Compliance - District to R -3 Inc. - Docking Lease
Civil Penalties for Moderate Density Multi- Agreement: Proof of
Alcohol License Hold- Family Residential publication on notice
commen i g ers - Casey's #2421: District and the Zoning of public hearing to
eet. val of the
ina a City Manager recom- Advisory Commission consider the proposed
CONSENT ITEMS Pine View Subdivision mending appro -val of recommending appro- Docking License Agree -
Motion by Lynch to (12724 Pine View the Alcohol Compli- val. Motion by Connors ment between the City
receive and file the Drive) as requested by ante Settlement Agree- to receive and file the of Dubuque and
documents, adopt the John Sibley. Upon ment with Casey's documents and that Dubuque River Rides,
resolutions, and dis- motion the documents General Store #2421. the requirement that a Inc., and the City
pose of as indicated were received and filed Upon motion the docu- proposed ordinance be Manager recommend -
with exception to #11 and Resolution No. 316- ments were received, considered and voted ing approval. Motion
(Request to Rezone 340 11 Approving the Final filed, and approved. on for passage at two by Jones to receive and
Plat of Pine View Alcohol Compliance - Council meetings prior file the documents and
OF IOWA {SS:
QUE COUNTY
Olympic Heights)• Subdivision in Dubuque Civil Penalties for
Seconded by Jones. County, Iowa, was Alcohol License Hold-
Minutes es and Re. adopted. ers - Hilton Garden Inn
Mmited and Reports Plat of Survey - / Houlihan's Restau-
Cultural Arts and Olympic Heights: rant: City Manager
Cultural Affairs Ad of Zoning Advisory Com- recommending appro-
7/26; Commission omm ty mission recommending val of the Alcohol
Tele Cable mingCorn- approval of the Plat of Compliance Settlement
mission 7 /5; Corn- Survey of Gillespie's Agreement with Hilton
Council ro 7/5; City Third Addition (340 Garden Inn / Houli-
Council proceedings of Olympic Heights) as han's Restaurant Upon
CERTIFICATION OF PUBLICATION
Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
, publisher of the Telegraph Herald,a newspaper of general circulation
the City of Dubuque, County of Dubuque and State of Iowa; hereby
the attached notice was published in said newspaper on the following
mber 28, 2011, and for which the charge is $291.46.
to the meeting at adopt Resolution No.
which it is to be passed 324 -11 Disposing of an
be suspended. Second- Interest in real
ed by Jones. Charles property by License
Daoud, 396 Moore Agreement with
Heights, spoke in Dubuque River Rides,
support of the Inc. Seconded by Braig
proposed ordinance. Motion carried 6 -0.
Planning Services Man- Upon motion the rules
ager Laura Carstens were reinstated limit -
provided a staff report. ing discussion to the
•
9/6 and 9/12; Civil submitted by Allen motion the documents Responding to ques- City Council.
Service Commission of Weber. Upon motion were received, filed, tions from City Council, ACTION ITEMS
9/5 and 9/6; Housing this item was removed d Zoning Advisory Electrical C
Trust Fund Committee from the agenda.
of 8/19 and 9/23/10; Plat of Survey -
Human Rights Com- Asbury Plaza No. 16:
and of 7/25; Park Zoning Advisory Com -
and RCommiss Advi- mission recommending
8 /9y Commission Adof visory approval of the Plat of
Co Zoning Advisory Survey for Asbury
Commission of 9/ of Plaza No. 16 (Asbury
Adjustment Board of Drive) as submitted by
Adjustment of 8/25 Dave Schneider. Upon
Library Board fof rom motion the documents
Meeting of August trom were received and filed
Meeting of August 25, and Resolution No. 317-
2011 11 Approving the Plat
Proofs of Publication of Survey for Asbury
for City Council Plaza No. 16 in City of
24 and 24, 2011 1 August Dubuque, Iowa, was
24 and Upon 2011 adopted.
Upen motion the Setting Fees for
documents were Memorial Benches in
received and filed. Various City Areas:
Notice aof nd Claims/ City Manager recom-
Callahan for property y mending approval to
dallahan for poar set the cost of
damage; Lorraine sponsorship of a bench
Lattner for property at $2,000 for com-
for property Sarah Ryan munity parks and high
for property damagor service /impact areas
Peter Sweury. for such as the Bee Branch
personal injury. Upon and Historic Millwork
motion the documents District, and $1,600 for
were received, filed mini and neighborhood
and referred to the City parks and trails. Upon
Attorney. motion the documents
City Attorney advising were received, filed,
claims the following and approved.
claims haoe been Collective Bargaining -
EntityeR to Public International Union of
Iowa, Risk Services the Operating Engineers
Iowa, the agent for the Local No. 234 Amend -
sura Communities Ale ment to Agreement:
Bauer a Pool: vehicle City Manager recom-
damage; for vehicle mending approval of
damage; Curt Calla- the annual amendment
day for property for full -time Public
damage; Lorraine Safety Dispatchers to
Lattner for property have a schedule of ten
damage; Sarah Ryan hours per day and four
for property damage; k
Charles Sulcer for
vehicle damage; Peter
Sweeney for personal
injury; Katy Wethal for
property damage; Kim
Yoko for personal
injury. Upon motion the
documents were
received, filed and
concurred.
2011 Justice Assistant
Grant (JAG): City
Manager recommend-
ing approval to accept
the 2011 Justice
Assistance Grant (JAG)
award in the amount of were rote
$57,858 from the and made a Matter of Signed Contracts: A) final consideration and Endorsing the sub
Edward Byrne Record. Port of Dubuque Ramp passage of Ordinance mission of an Iowa
Memorial Assistance
an approved. Com-
Alcohol Compliance - mission Chairperson Amendments: City
Civil Penalties for Charles Miller, Mr. Manager recommend -
Alcohol License Hold- Daoud and Ms. ing approval of
ers - Instant Replay: Carstens addressed amendments to the
City Manager recom- sustainability ele- City of Dubuque's
mending approval of ments, security and Electrical Code that
the Alcohol Compli- ownership issues. have been recommend -
ance Settlement Agree- Motion carried 6 -0. ed by the Electrical
ment with Instant Motion by Connors for Board of Appeals.
Replay. Upon motion final consideration and Motion by Connors to
the documents were passage of Ordinance receive and file the
received, filed, and No. 44 -11 Amending documents and that
approved. Title 16 of the City of the requirement that a
Alcohol Compliance - Dubuque Code of proposed ordinance be
Civil Penalties for Ordinances, Unified considered and voted
Alcohol License Hold- Development Code, by on for passage at two
ers - Murph's South reclassifying hereinaf- Council meetings prior
End Tap: City Manager ter described property to the meeting at
recommending appro- located in the 3400 which it is to be passed
val of the Alcohol block of Keymont Drive be suspended. Second -
Compliance Settlement from R -2 Two - Family ed by Resnick. Motion
Agreement with Residential District to R- carried 6 -0.
Murph's South End 3 Moderate Density Motion by Connors for
Tap. Upon motion the Multi - Family Residen- final consideration and
documents were tial District. Seconded passage of Ordinance
received, filed, and by Jones. Motion No. 47 -11 Amending
approved. carried 6 -0. City of Dubuque Code
Tobacco Compliance - Request to Rezone - of Ordinances Title 14
Civil Penalties for 3485 Windsor Avenue: Building and Develop -
Tobacco License Hold- Request from William ment, Chapter 1
ers - Casey's Store Peterson Architects to Building Codes, Section
#2421: City Manager amend the Padre Pio 14 -1D -2 National Electri-
recommending appro- Healthcare Center cal Code Amendments
val of the Tobacco Institutional District to by removing replace -
Compliance Settlement allow construction of a ment, installation, and
Agreement with four-story nursing alteration from activi-
Casey's General Store addition and a one- ties allowed as routine
#2421. Upon motion story therapy center maintenance and
the documents were and the Zoning performed by a
received, filed, and Advisory Commission maintenance electri-
approved. recommending appro- clan and by removing
Tobacco Compliance - val. Motion by Lynch to Section 83 -8 Bonding,
Civil Penalties for receive and file the Article 250.104(B)
Tobacco License Hold- documents and that Other Metal Piping,
ers - Kwik Star #495: the requirement that a and Article 250.104(E)
City Manager recom- proposed ordinance be Gas Piping System
mending approval of considered and voted Bonding requirement.
the Tobacco Com- on for passage at two Seconded by Braig.
days per wee pliance Settlement Council meetings prior Motion carried 6 -0.
effective October 1, Agreement with Kwik to the meeting at Iowa Clean Air
2011 through Septem- Star #495. Upon motion which it is to be passed Attainment Program
ber 30, 2012. Upon the documents were be suspended. Second- (ICAAP) Grant Appli-
motion the documents received, filed, and ed by Connors. Plan- cation: City Manager
were received, filed, approved. ning Services Manager recommending appro -
and approved. Liquor License Laura Carstens pro- val of the submission
Civil Service Commis- Refund: Request by vided a staff report. of the Iowa Clean air
sion: Civil Service Com- Rick Worcester of the Responding to ques- Attainment Program
mission submitting the Lift Bar requesting a tions from City Council, (ICAAP) grant in the
Certified Lists for the refund on Beer and the architect stated amount of $2,535,832
positions of Lead Liquor Combination that parking will still to fund the IBM
Public Safety Dispat- License No. LC0037590 meet requirements and research and pilot
cher, Mechanic, Sani- in the amount of a generator - powered route services for two
tation Driver, and $633.75. Upon motion elevator is planned for years. Motion by Lynch
Police Officer. Upon the documents were emergency situations. to receive and file the
motion the documents received, filed, and Motion carried 6 -0. documents and adopt
ides filed approved. Motion by Lynch for Resolution No. 325 -11
o before me, a
day o
1A.-1,Lt ?(IfIC
ary Public in and for Dubuque County, Iowa,
�e:;)_, 20 // .
Notary Public in and or Dubuque County, Iowa.
MARY x. WESTERME`,
Commlition Numttor 154
provide engineeri
consultant services
was adopted.
Consent Decree
Semiannual Report:
City Manager submit-
ting the Environmental
Protection Agency
(EPA) Consent Decree,
September 30, 2011
semiannual report.
Upon motion the
documents were
received and filed.
Bishop Block Subor-
dination: City Manager
recommending appro-
val of the subordin-
ation of the City's
mortgage on the
Bishop's Block Building
at the request of Mercy
Housing, Inc., in order
to refinance existing
indebtedness on the
property. Upon motion
the documents were
received, filed, and
approved.
Fiscal Year 2011
Consolidated Annual
Performance and
Evaluation Report
(CAPER): City Manager
recommending appro-
val of the submission
to U.S Department of
Housing and Urban
Development of the
Consolidated Annual
Performance and
Evaluation Report
(CAPER) for the period
of July 1, 2010 through
June 30, 2011. Upon
motion the documents
CITY COUNCIL were received and filed
PROCEEDINGS and Resolution No. 315-
The Dubuque City 11 Authorizing the
Council met in regular submission of a
session at 6:30 p.m. on Consolidated Perfor-
September 19, 2011 in mance and Evaluation
the Historic Federal Report (CAPER) for the
Building, 350 W. 6th period commencing
Street. July 1, 2010 and
Present: Mayor Pro- concluding June 30,
Tem Sutton, Council 2011 was adopted.
Members Braig, PEG Capital Grant
Connors, Jones, Lynch, Expenditure Requests:
Resnick, Acting City City Manager recom-
Manager Peck, City mending approval of a
Attorney Lindahl request from the City
Absent: Mayor Buol, of Dubuque for up to
City Manager Van $37,500 for two 60-
terabyte servers to
Federal Emergen
Management Agen
(FEMA) Regional Off
approve floodpla
management measur
that satisfy 44 Code
Federal Regulatio
(CFR) Section 60.3(
of the National Floo
Insurance Progra
(NFIP) regulation
Upon motion th
documents wer
received, filed an
referred to the Cit
Manager.
Sustainable Dubuque
City Manager recom,
mending purchase ()-
Sustainable DubuquE-
promotional Items foi
use at the Growinc
Sustainable Communi
ties conference and foi
community activities
Upon Motion th
documents wer
received, filed, anc
approved.
City of Dubuque Code;
of Ordinances - Supple-;
ment No. 5: City
Manager recommend-
ing adoption of
Supplement No. 5 to
the City of Dubuque
Code of Ordinances.
Upon motion the
documents were
received and filed and
Resolution No. 318-11,
Adopting Supplement
No. 5 to the Code of
Ordinances of the City
of Dubuque, Iowa, was
adopted.
Housing Trust Fund
Committee: Housing
Commission recom-
mending approval of
the appointment of
Dorothy Schwendinger
as the Commission's
representative to the
Housing Trust Fund
Committee. Upon
motion the documents
were received, filed,
and approved.
Dubuque Metropoli-
tan Area Transporta-
tion Study (DMATS):
City Manager trans-
mitting a letter of
support for the
Sutton read the call back up of the media Dubuque Metropolitan
and stated this is a files generated by the Area Transportation
regular session of the Cable TV Division and Study (DMATS) for a
City Council to conduct from Mediacom for up Sustainable Communi-
such business that may to $23,500 to replace ties Regional Planning
properly come before and upgrade the grant to the U.S.
the Council. equipment In the Department of Housing
Pledge of Allegiance public access studio. and Urban Develop -
Invocation was Upon motion the ment (HUD). Upon
provided by Reverend documents were motion the documents
Eugene Kutsch. received, filed, and were received and
PROCLAMATION approved. filed.
Crop Walk Day Final Plat - Pine View Alcohol Compliance -
(October 2, 2011) was Subdivision: Zoning Civil Penalties for
accepted by Dorothy Advisory Commission Alcohol License Hold-
Krayer, 1205 Park recommending appro- ers - Casey's #2421:
Street. val of the Final Plat for City Manager recom-
CONSENT ITEMS Pine View Subdivision mending appro-val of
Motion by Lynch to (12724 Pine View the Alcohol Compli-
receive and file the Drive) as requested by ance Settlement Agree -
documents, adopt the John Sibley. Upon ment with Casey's
General Store #2421.
Upon motion the docu-
ments were received, '
filed, and approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers • Hilton Garden Inn
/ Houlihan's Restau-
rant: City Manager
recommending appro-
val of the Alcohol
Compliance Settlement
Agreement with Hilton
Garden Inn / Houli-
han's Restaurant. Upon
motion the documents
were received, filed,
and approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers - Instant Replay:
City Manager recom-
mending approval of
the Alcohol Compli-
ance Settlement Agree-
ment with Instant
Replay. Upon motion
the documents were
received, filed, and
approved.
Alcohol Compliance -
Civil Penalties for
Alcohol License Hold-
ers - Murph's South
End Tap: City Manager
recommending appro-
val of the Alcohol
Compliance Settlement
Agreement with
Murph's South End
Tap. Upon motion the
documents were
received, filed, and
approved.
Tobacco Compliance -
Civil Penalties for
Tobacco License Hold-
ers - Casey's Store
#2421: City Manager
recommending appro-
val of the Tobacco
Compliance Settlement
Agreement with
Casey's General Store
#2421. Upon motion
the documents were
received, filed, . and
approved.
Tobacco Compliance -
Civil Penalties for
Tobacco License Hold-
ers - Kwik Star #495:
City Manager recom-
mending approval of
the Tobacco Com-
pliance Settlement
Agreement with Kwik
Star #495. Upon motion
the documents were
received, filed, and
approved.
Liquor License
Refund: Request by
Rick Worcester of the
Lift Bar requesting a
refund on Beer and
Grant (JAG): City positions of Lead Liquor Combination
Manager recommend- Public Safety Dispat- License No. LC0037590
ing approval to accept cher, Mechanic, Sani- in the amount of
the 2011 Justice tation Driver, and $633.75. Upon motion
Assistance Grant (JAG) Police Officer. Upon the documents were
award in the amount of motion the documents received, filed, and
$57,858 from the were received, filed approved.
Edward Byrne and made a Matter of Signed Contracts: A)
Memorial Assistance Record. Port of Dubuque Ramp
CITY OF DUBUQUE,
IOWA
Mayor Pro-Tem provide storage and
resolutions, and dis-
pose of as indicated
with exception to #11
(Request to Rezone 340
Olympic Heights).
Seconded by Jones.
Motion carried 6-0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
7/26; Cable Community
Teleprogramming Com-
mission of 7/5; City
Council proceedings of
9/6 and 9/12; Civil
Service Commission of
9/5 and 9/6; Housing
Trust Fund Committee
of 8/19 and 9/23/10;
Human Rights Corn -
mission of 7/25; Park
and Recreation Advi-
sory Commission of
8/9; Zoning Advisory
Commission of 9/7;
Zoning Board of
Adjustment of 8/25
Library Board of
Trustees Update from
Meeting of August 25,
2011
Proofs of Publication
for City Council
Proceedings of August
24 and 24, 2011
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Curt and LuAnn
Callahan for property
damage; Lorraine
Lattner for property
damage; Sarah Ryan
for property damage;
Peter Sweeney for
personal injury. Upon
motion the documents
were received, filed
and referred to the 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 As-
surance Pool: Nichole
Bauer for vehicle
damage; Curt Calla-
han for property
damage; Lorraine
Lattner for property
damage; Sarah Ryan
for property damage;
Charles Sulcer for
vehicle damage; Peter
Sweeney for personal
Injury; Katy Wethal for
property damage; Kim
Yoko for personal
injury. Upon motion the
documents were
received, filed and
concurred.
2011 Justice Assistant
motion the documents
were received and filed
and Resolution No. 316-
11 Approving the Final
Plat of Pine View
Subdivision in Dubuque
County, Iowa, was
adopted.
Plat of Survey -
Olympic Heights:
Zoning Advisory Com-
mission recommending
approval of the Plat of
Survey of Gillespie's
Third Addition (340
Olympic Heights) as
submitted by Allen
Weber. Upon motion
this item was removed
from the agenda.
Plat of Survey -
Asbury Plaza No. 16:
Zoning Advisory Com-
mission recommending
approval of the Plat of
Survey for Asbury
Plaza No. 16 (Asbury
Drive) as submitted by
Dave Schneider. Upon
motion the documents
were received and filed
and Resolution No. 317-
11 Approving the Plat
of Survey for Asbury
Plaza No. 16 in City of
Dubuque, Iowa, was
adopted.
Setting Fees for
Memorial Benches in
Various City Areas:
City Manager recom-
mending approval to
set the cost of
sponsorship of a bench
at $2,000 for com-
munity parks and high
service/impact areas
such as the Bee Branch
and Historic Millwork
District, and $1,600 for
mini and neighborhood
parks and trails. Upon
motion the documents
were received, filed,
and approved.
Collective Bargaining -
International Union of
Operating Engineers
Local No. 234 Amend-
ment to Agreement:
City Manager recom-
mending approval of
the annual amendment
for full-time Public
Safety Dispatchers to
have a schedule of ten
hours per day and four
days per week
effective October 1,
2011 through Septem-
ber 30, 2012. Upon
motion the documents
were received, filed,
and approved.
Civil Service Commis-
sion: Civil Service Com-
mission submitting the
Certified Lists for the
Iko
f 78 months, 2006 5.25 % 66
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: September 28, 2011, and for which the charge is $291.46.
J
Subscribed to before me, a Ilfary Public in and for Dubuque County, Iowa,
this ag-e day o
20 // .
Notary Public in and or Dubuque County, Iowa.
MARY X, WESTERME`i
Commllls;ion Number 154
Grant program and Tri-State Business Repairs - RAM Change
authorize the signing Times- Rising Stars: Order; B) Dubuque
of the award document City Manager trans- Community School
and special conditions. mitting information District agreement
Upon motion the from the Tri-State with Jule Trans -
documents were Business Times portation; C) Water
received, filed, and featuring Assistant . Pollution Control Plant
approved. Economic Development Modifications Project
Fiscal Year 2011 City Director Aaron DeJong contract with Terracon
Street Financing as one of eight rising Consultants for site
Report: City Manager stars of the tri-state investigation services.
recommending appro- business world. Upon Upon motion the
val of the City of motion the document documents were
Dubuque's Fiscal Year was received and filed. received and filed.
2011 City Street U.S. Department of Liquor License Appli-
Financing Report. Upon Housing and Urban cations: City Manager
motion the documents Development (HUD): recommending appro-
were received and filed Communication from val of annual liquor
and Resolution No. 313- Director Michelle Mil- license renewals as
11 Approving the City ler, Programs Division submitted. Upon
of Dubuque Fiscal Year Director for the U.S. motion the documents
2011 City Street Department of Housing were received and filed
Financing Report was and Urban Develop- and Resolution No. 319-
adopted. ment informing the 11 Granting the
Manson Road Bridge City that It's Green and issuance of a Class "C"
and Watermain Healthy Homes and Beer/Liquor Licenseto
Emergency Repair: City Lead Hazard Control Happy's
Manager recommend- program's overall Grand Tap, Manna Java
ing emergency repairs performance is out- World Cafe, Angie's receive and file the Jones. Motion carved 6 0.
to the Manson Road standing. Upon motion Bar, and The District; a documents and that COUNCIL MEMBER
bridge and watermain the documents were Class "B" Wine License the requirement that a REPORTS
and to retain IIW received and
Emerrgency Market; and Resolutle ion cconsideedosed randnvoted andCouncil
Ma oMember
Pro-Tem
Engineers &Surveyors, on for ePC to ngineering consultant (FEMA)::ment Corespon ssuanO-11 ce of a Class "C Councilpmeetings tpr prior Midwest reported
Culturally
services. Upon motion dence from Sandra Beer Permit to Eagle to the meeting at Inclusive Conference
the documents were Knight, Deputy Federal Country Market were which itis to be
Second- they
endedpte in
received and filed and Insurance and Miti- adopted.suspended.
Authorizin No. 314-11 for i the FederalAdministrator
Emerr- ITEMSPUBLIC HEARING FOR
ed Services Braig. Manager ber 16 and
a 17being no
repairsairzto the bridgedgyManagement Motion by Connors to Laura Carstens pro- further business, upon
to the gency
and watermain on Agency (FEMA) receive and file the vided a staff report. motion the City Council
Manson Road and to advising that the City documents, adopt the Motion carried 6-0. adjourned at 7:31 p.m.
retain the services of has until October 18, resolutions, set the Motion by Jones for Kevin S.
Firnstahl Clerk
IIW Engineers & 2011 to adopt and have public hearings as final consideration and
Surveyors, PC to the Department of indicated, and direct passage of Ordinance lt 9/28
provide engineering Homeland Security's the City Clerk to No. 46-11 Amending
consultant services Federal Emergency publish- notice as Title 16 of the City of
was adopted. Management Agency prescribed by law. Dubuque Code of
Consent Decree (FEMA) Regional Office Seconded by Braig. Ordinances, Unified
Semiannual Report: approve floodplain Motion carried 6-0. Development Code, by
City Manager submit- management measures Dubuque Regional repealing Section 6-4
ting the Environmental that satisfy 44 Code of Airport - Conservation Flood Hazard Overlay
Protection Agency Federal Regulations Easement: City Mana- District and enacting a
(EPA) Consent Decree, (CFR) Section 60.3(d) ger recommending new Hazardtion 6-4 Overlay District
l
od
September 30, 2011 of the National Flood setting a public
semiannual report. Insurance Program hearing for October 3, to comply with Nation -
Upon motion the (NFIP) regulations. 2011 to consider al Flood Insurance
documents were Upon motion the disposal of an interest Program Require -
received and filed. documents were in City -owned property ments. Seconded by
Bishop Block Subor received, filed and as set forth in the Braig. Motion carried 6-0.
dination: City Manager referred to the City vatiOnCovenantsin of Conser-
BudgetAmendmentYear 2012
recommending appro- Manager.
val of the subordin- Sustainable Dubuque: Restrictions Conser- No. 1: Proof of
ation of the City's City Manager recom- vation Easement on the publication on notice
mortgage on the mending purchase of specified property at of public hearing to
Bishop's Block Building Sustainable Dubuque the Dubuque Regional consider the Fiscal
at the request of Mercy promotional items for Airport. Upon motion Year , 2012 Budget
Housing, Inc., in order use at the Growing the documents were Amendment No. 1, and
to refinance existing Sustainable Communi- received and filed and the City Manager
indebtedness on the ties conference and for Resolution No. 321-11 recommending appro
property. Upon motion community activities. Resolution of Intent to val. Motion by Connors
the documents were Upon motion the dispose of an interest to receive and file the
adopt
approved.
filed, and documents
filed, were estatin e of anduf fixing the Resolution No.uque real documents 322-11
date for a public Amending the current
Fiscal Year 2011 approved.
Consolidated Annual City of Dubuque Code hearing of the City budget for the fiscal
Performance and of Ordinances - Supple- Council of the City of year ending June 30,
Evaluation Report ment No. 5: City Dubuque, Iowa, on the 2012. Seconded by
(CAPER): City Manager Manager recommend- proposed disposition of Jones. Responding to
recommending appro- ing adoption of City owned -property in questions from City
val of the submission Supplement No. 5 to the form of a Council, Budget Direc-
to U.S Department of the City of Dubuque Declaration of Conser- tor Jenny Larson clari-
Housing and Urban Code of Ordinances. vation Covenants and fled that this involves
Development of the Upon motion the Restrictions and provi- carryover of funds for
Consolidated Annual documents were ding for the publication projects and grants
Performance and received and filed and of notice thereof was which cross multiple
Evaluation Report Resolution No. 318-11 adopted setting a fiscal years. Motion
(CAPER) for the period Adopting Supplement public hearing for a _carried-6-0.
— of July 1, 2010 through No. 5 to the Code of meeting. to commence Rose of Dubuque, LLP -
CITY OF DUBUQUE, June 30, 2011. Upon Ordinances of the City at 6:30 p.m. on October Development Agof
ree-
IOWA motion the documents of Dubuque, Iowa, was 3, 2011 in the Historic ment:publicationonnotice
were received and filed adopted. Federal Building.
PITY COUNCIL of public hearing to
PROCEEDINGS and Resolution No. 3 the Housing Trust sing COMMISSIONS consider a Develop -
Council Dubuque in regularCity 11 submission
Authorizing Committee: HousingApplicants were ment Agreement with
Council met i0 p.. on submisson of a Commission approval recom-
session at 6:30 p.m. on Consolidated Perfor- mending of invited to address the the Rose of Dubuque,
September 19, 2011 in mance and Evaluation the appointment of City Council regarding LP for a 70-unit
the Historic Federal Report (CAPER) for the Dorothy Schwendinger their desire to serve on affordable living
d commencing as the Commission's the following Boards/ facility and Lathe Ridge
No. 45-11 Amending Clean Air Attainment
Title 16 of the City of Program (ICAAP) grant
Dubuque Code of application to the Iowa
Ordinances, Unified Department of Trans -
Development Code, portation to fund. IBM
rescinding Ordinance research and for
66-95, and approving implementation of two
an amended Campus pilot route services.
Development Plan for Seconded by Jones.
Padre Pio Health Care Motion carried 6-0.
Center Institutional Request for Work
District for a new four- Session: City Manager
story nursing addition requesting setting a
and a addition day, December session s 5, at
Mon -
therapy
Seconded by Connors. 5:30 p.m. for a pre -
Motion carried 6-0. sentation on Council
Unified Development Bluff's activities relat-
Code: City of Dubuque: ed to the 2011 Missouri
Request from the City River flooding. Motion
of Dubuque to amend by Connors to receive
Section 6-4 e document
Hazard Overlay ofl the and set a ood and file hworrk session
Unified Development for the requested date
Code and the Zoning and time. Council Mem-
Advisory Commission ber Lynch stated that
recommending appro- he will not be able to
val. Motion by Jones to attend. Seconded by
Building, 350 W. 6th perlo
Street. July 1, 2010 and representative to the Commissions: Civic Drive an QUE COUNTY
Present: Mayor Pro- concluding June 30, Housing Trust Fund Center Commission: Manager recommend-
Tem Sutton, Council 2011 was adopted. Committee. Upon One 3-year term ing approval. Motion
Members Braig, PEG Capital Grant motion the documents through June, 29, 2013 by Jones to receive and
Connors, Jones, Lynch, Expenditure Requests: were received, filed, (vacant
cant termdy f FiWeills). adopt the documti entns and
Resnick, Acting City City Manager recom- and approved.
o.
Manager Peck, City mending approval of a Dubuque Metropoli- borg, 3497 Hillcrest 323-11 Approving a
Attorney Lindahl request from the City tan Area Transporta- Road, #2. Ms. Willen- Development Agree -
Absent: Mayor Buol, of Dubuque for up to tion Study (DMATS): borg spoke in support ment with the Rose of
City Manager Van $37,500 for two 60- City Manager trans- of her appointment. Dubuque, L.P. for
Milligen terabyte servers to mitting a letter of PUBLIC HEARINGS property located on
Mayor Pro-Tem provide storage and support for the Upon motion the rules Lake Ridge Drive.
Sutton read the call back up of the media Dubuque Metropolitan were suspended allow- Seconded by Resnick.
and stated this is a files generated by the Area Transportation ing anyone present to Responding to ques-
regular session of the Cable TV Division and Study (DMATS) for a address the City tions
from
City Ci u cil,
City Council to conduct from Mediacom for up Sustainable Communi- Council. p
such business that may to $23,500 to replace ties Regional Planning Request to Rezone - ahan addressed the
properly come before and upgrade the grant to the U.S. 3400 Block of Keymont issue that all residents
the Council. equipment in the Department of Housing Drive: Request from are encouraged to
Pledge of Allegiance public access studio. and Urban Develop- Tom Thompson to wear electronic pen -
Invocation was Upon motion the ment (HUD). Upon rezone property locat- dants for the 24-hour
provided by Reverend documents were motion the documents ed at 3400 Keymont emergency safety sys-
Eugene Kutsch. received, filed, and were received and Drive from Re-2 sidential tem. Motion
Dubuque R vreeRides,
PFamily
.
PROCLAMATION appravd. filed.
Crop Walk Day Final plat -Pine View Alcohol Compliance - District to R-3 Inc. - Docking Lease
(October 2, 2011) was Subdivision: Zoning Civil Penalties for ModerateDensity Multi- Agreement: Proof of
accepted by Dorothy Advisory Commission Alcohol License Hold- Family Residential publication on notice
recommending appro- ers - Casey's #2421: District and the Zoning of public hearing to
val of the Final Plat for City Manager recom- Advisory Commission consider the proposed
Pine View Subdivision mending appro-val of recommending appro- Docking License Agree-
(12724 Pine View the Alcohol Compli- val. Motion by Connors ment between the City
Drive) as requested by ance Settlement Agree- to receive and file the of Dubuque and
John Sibley. Upon ment with Casey's documents and that Dubuque River Rides,
motion the documents General Store #2421. the requirement that a Inc., and the City
were received and filed Upon motion the docu- proposed ordinance be Manager rec
ommendMots -
and Resolution No. 316- ments were received, considered and voted ing approval.
11 Approving the Final filed, and approved. on for passage at two by Jones to receive and
Plat of Pine View Alcohol Compliance - Council meetings prior file the documents and
Subdivision in Dubuque Civil Penalties for to the meeting at adopt Resolution No.
County, Iowa, was ers - Hilton Garden Inn be suspended. Sld- which it is to be econd- Interest assed Dispoinng of
an
adopted.o before me, a
Plat of Survey / Houlihan's Restau-ed by Jones. Charles property by License
Olympic Heights: rant: City Manager Daoud, 396 Moore Agreement with
Zoning Advisory Com- recommending appro- Heights, spoke in Dubuque River Rides,
mission recommending val of the Alcohol support of the Inc. Seconded by Braig day o
approval of the Plat of Compliance Settlement proposed ordinance. Motion carried 6-0.
Survey of Gillespie's Agreement with Hilton Planning Services Man- Upon motion the rules
Third Addition (340 Garden Inn / Houli- ager Laura Carstens were reinstated limit -
Olympic Heights) as han's Restaurant. Upon provided a staff report. ing discussion to the
motion the documents Responding to ques- City Council.
were received, filed, tions from City Council, ACTION ITEMS
and approved. Zoning Advisory Com- Electrical Code
of 8/19 and 9/23/10; Alcohol Compliance - mission Chairperson. Amendments: City
Human Rights Com- Plat of Survey Civil Penalties for Charles Miller, Mr. Manager recommend -
mission of 7/25, Park Asbury Plaza No. 16: Alcohol License Hold- Daoud and Ms. ing approval of
and Recreation Advi- Zoning Advisory Com- ers - Instant Replay: Carstens addressedle- Citymnd cents to the
sory Commission of mission recommending City Manager
rorecoval m-
f mentsnability sty and Cittricof CDue ue's
8/9; Zoning Advisory approval of the Plat of mending app
that
Commission of 9/7; Survey for Asbury the Alcohol Compli- ownership issues. have been recommend -
Zoning Board of Plaza No. 16 (Asbury ance Settlement Agree- Motion carried 6-0. ed by the Electrical
Adjustment of 8/25 Drive) as submitted by ment with Instant Motion by Connors for Board of Appeals.
Library Board of Dave Schneider. Upon Replay. Upon motion final consideration and Motion by Connors to
Trustees, Update from motion the documents the documents were passage of Ordinance receive and file the
Meeting of August 25, were received and filed received, filed, and NTitle 4611 tAmendiog doe mentsmandththat
2011 and Resolution No. 317- approved.
at a
Proofs of Publication 11 Approving the Plat Alcohol Compliance • Dubuque Code of proposed ordinance be
for City Council of Survey for Asbury Civil Penalties for Ordinances, Unified considered and voted
Proceedings of August Plaza No. 16 in City of Alcohol License Hold- Development Code, by on for passage at two
24 and 24, 2011 Dubuque, Iowa, was ers - Murph's South reclassifying hereinaf- Council meetings prior
Upon motion the adopted. End Tap: City Manager ter described property to the meeting at
documents were Setting Fees for recommending appro- located in the 3400 which it is to be passed
„, ,„ ; f;ia� Memorial Benches in val of „ the nf+% Alcohol from R Keymont wo-Fam ly ed by Resni Second-
- n
Krayer, 1205 Par
Street.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with exception to #11
(Request to Rezone 340
Olympic Heights).
Seconded by Jones.
Motion carried 6-0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
7/26; Cable Community
Teleprogramming Com-
mission of 7/5; City
Council proceedings of
9/6 and 9/12; Civil submitted by Allen
Service Commission of Weber.mUpon motionAl
9/5 and 9/6; Hoummttee this item was removed
Trust Fund Committee from the agenda.
•
OF IOWA {SS:
CERTIFICATION OF PUBLICATION
Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
, publisher of the Telegraph Herald,a newspaper of general circulation
1 the City of Dubuque, County of Dubuque and State of Iowa; hereby
the attached notice was published in said newspaper on the following
tuber 28, 2011, and for which the charge is $291.46.
�1 l D
te
dry Public in and for Dubuque County, Iowa,
,20// .
Notary Public in and or Dubuque County, Iowa.
MARY K, WESTERME`,
Contagion Number 154
s'�`;i�i7B &
City Manager submit- management measures wyw�
ting the Environmental that satisfy 44 Code of Airport - Conservation Flood Hazard Overlay
Protection Agency Federal Regulations Easement: City Mana- District and enacting a
(EPA) Consent Decree, (CFR) Section 60.3(d) ger recommen public new d Overlay District
Section 6-4 Flood
September 30, 2011 of the National Flood setting
Upon nn mlotion repthe (NFIP)nCe regulations. 2011 Program �ng tor October consider al comply
oFlo d withInsurance
documents were Upon motion the disposal of an interest Program Require-
receivedioaB Block Subor- received, is were in filed and asCiset forth -owned property
the Braig. Motion carried 6-0.
dination: City Manager referred to the City vationclaa iCon o Conser-f nts BudgetAmendmentYear 2012
of recommendingeappro- Sustain.
val of the subordin- Sustainable Dubuque: Restrictions Conser- No. 1: Proof of
ation of the City's City Manager recom- vation Easement on the publication on notice
Bishop's Block Building Sustainable Dubuque tchase of hecDubuqified property
e R Regional consider at of lc hehearing is al
at the request of Mercy promotional items for Airport. Upon motion Year . 2012 Budget
Housing, Inc., in order use at the Growing the documents were Amendment No. 1, and
to refinance existing Sustainable Communi- received and filed and the City Manager
indebtedness on the ties conference and for Resolution No. 321-11 recommending appro
property. Upon motion community activities. Resolution of intent to val. Motion by Connors
the documents were
and doocument Motion the were In City of Dubuquse of an e real documentsrest to receive and and Ile the
adopt
approved.
received, filed, and estate and fixing the Resolution No. 322-11
adate for a public Amending the current
Fiscal Year 2011 approved.
Consolidated Annual City of Dubuque Code hearing of the City budget for the fiscal
Performance and of Ordinances - Supple- Council of the City of year ending June 30,
Evaluation Report ment No. 5: City Dubuque, Iowa, on the 2012. Seconded by
(CAPER): City Manager ingna9eadoptionrecommend-
of proposeditowned-Property ion in questionsf Jones. esproomngCty
recommending appro.
val of the submission Supplement No. 5 to the form of a Council, Budget Direc-
to U.S Department of the City of Dubuque Declaration of Conser- tor Jenny Larson clari-
Housing and Urban Code of Ordinances. vation Covenants and fled that this involves
Development of the Upon motion the Restrictions and provi- carryover of funds for
Consolidated Annual documents were ding for the publication projects and grants
Performance and received and filed and of notice thereof was which cross multiple
Evaluation Report Resolution No. 318-11 adoptedc heas ttingg or a fiscal years. Motion
(CAPER) for the period Adopting Supplement
of July 1, 2010 through No. 5 to the Code of meeting. to commence Rose of Dubuque, LLP -
CITY OF DUBUQUE, June 30, 2011. Upon Ordinances of the City at 6:30 p.m. on October Development Agof
ree-
IOWA motion the documents of Dubuque, Iowa, was 33, 2011
in the Building. Historic ment: publicationonnotice
CITY COUNCIL were received and filed adopted. of hearingo to
PROCEEDINGS and Resolution No. 315- Housing Trust Fund /
considerpublic a Develop -
The Dubuque City 11 Authorizing the Committee: HousingCOMMISSIONSApplicants were nAgreement with
Council met in regular submission of a Commission recom-
session at 6:30 p.m. on Consolidated Perfor- mending approval of invited to address the the Rose of Dubuque, O1� IO V
September 19, 2011 in mance and Evaluation the appointment of City Council regarding LP for a 70-unit
the Historic Federal Report (CAPER) for the Dorothy Schwendinger their desire to serve on affordable living j
Building,tee.350 W. 6th July cInd rase es Commission'stivto
hthe foCommissions:
Bo Civic Drive
on Lake RidgeiQUE COUNTY
Street. July 1, 2010uand Housing
Trust to Fund Centerissi Commission: Managerndre recommend- nd
Present: Mayor Pro concluding1was
Jadopted.
30, Commi
on
Tem Sutton, Council 201PEGsCap Capital dGrant motion tthe documents tthrough3June, 29, 20 3 by Jones to receiroval. ve and
Members Braig, Expenditure Requests: were received, filed, (vacant term of Fields). file the documents and
Connors, Jones,Lynch, City Manager recom- and approved. Applicant: Jody Willen- adopt Resolution No.
Resnick,
, Acting City mending approval of a Dubuque Metropoli- borg, 3497 Hillcrest 323-11 Approving a
Manager Peck, City request from the City tan Area Transporta- Road, #2. Ms. Willen- Development Agree -
Absent: : Mayor of Dubuque for up to tion Study (DMATS): borg spoke in support ment with the Rose of
AbseM: rBuol,Vn $37,500 for two 60- City Manager trans- of her appointment. Dubuque, L.P. for
City Manager Van terabyte servers to miffing a letter of PUBLIC HEARINGS propertY located on
Milligan provide storage and support for the Upon motion the rules Lake Ridge Drive.
Mayor Pro-Tem back up of the media Dubuque Metropolitan were suspended allow- Seconded by Resnick.
Sutton read the call files generated by the Area Transportation ing anyone present to Responding to ques
and stated this is a Cable TV Division and Study (DMATS) for a address the City tions from eveCity Council,
Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
regular session of the from Mediacom for up Sustainable Communi- couch• publisher of the Telegraph Herald,a newspaper of general circulation
City business hat may to $23,500 to replace ties Regional Planning Request to Rezone - ahan addressed the
such that may and upgrade the grant to the U.S. 3400 Block of Keymont issue that all residents
properly come before 1 the City of Dubuque, County of Dubuque and State of Iowa; hereby
equipment the Department of Housing Drive: Request from are encouraged to
the Council. public access studio. and Urban Develop -Tom Thompson to wear electronic pen
Pledge of Allegiance Upon motion the ment (HUD). upon rezone property locat- dants for the 24-hour the attached notice was published in said newspaper on the following
Invocation was documents were motion the documents ed at 3400 Keymont emergency safety sots
provided by Reverend received, filed, and were received and Drive from R-2 Two- tem. Motion carried 6 0. ;mbeT 28, 2011, and for which the charge is $291.4 .
Eugene Kutsch.approved. filed. Family Residential Dubuque River Rides,
PROCLAMATION Final Plat - Pine View Alcohol Compliance - District to R-3 Inc. - Docking Lease
(OCrop Walk as Subdivision: Zoning Civil Penalties for Moderate Density Multi- Agreement: Proof of
accepted 2, Dorothy was Advisory Commission Alcohol License Hold- Family Residential publication on notice
accepted 1205by arrecommending appro- ers - Casey's #2421: District and the Zoning of public hearing to
Sayer, Park val of the Final Plat for City Manager recom- Advisory Commission consider the proposed
Street.COPine View Subdivision mending appro-val of recommending appro- Docking License Agree-
MotionOITEMS (12724 Pine View the Alcohol Compli- val. Motion by Connors ment between the City
by Lynch thee Drive) as requested by ance Settlement Agree- to receive and file the of Dubuque and
receive and fileoJohn Sibley. Upon ment with Casey's documents and that Dubuque River Rides,
documents, adopt the motion the documents General Store #2421. the requirement that a Inc., and the City
pose
resolutions, and din- were received and filed Upon motion the docu- proposed ordinance be ManagerrecMotion
with x as indicated and Resolution No. 316- ments were received, considered and voted ing approval.
recommend -
with exception to #0 11 Approving the Final filed, and approved. on for passage at two by Jones to receive and
Olympicyct to Rezone 340 Plat of Pne View Alcohol Compliance - Council meetings prior file the documents and
Heights). Subdivision in Dubuque Civil Penalties for to the meeting at adopt Resolution No.
Seconded by 6-0.ones. County, Iowa, was Alcohol License Hold- which it is to be passed 324-11 Disposing ofreal
an
Motion Minutes ndRadopted. ers - Hilton Garden Inn be suspended. Second- Interest in License
id and Reports Plat of Survey - / Houlihan's Restau- ed by Jones. Charles property by :o before me, a
Submitted: Arts and Heights: rant City Manager Daoud, 396 Moore Agreement with ,
Cultural Affairs Advi- Olympic 9
sory Commission of Zoning Advisory Com-Selo of e theg Alcohol support f spoke in the Inc.
Seconded by Braig
Teleue River Rides,
Cable mingCorn- mrecommending
Teleprogrammingcom- approval of the Plat of Compliance Settlement proposed ordinance. Motion carried 6-0.
mission of 7/5; City Survey of Gillespie's Agreement with Hilton Planning Services Man- Upon motion the rules
Council proceedings of Third Addition (340 Garden Inn / Houli- ager Laura Carstens were reinstated limit-
9/6 and 9/12; Civil Olympic Heights) as han's Restaurant. Upon provided a staff report. ing discussion to the
Service Commission of submitted by Alien motion the documents Responding to ques- City Council.
9/5 and 9/6; Housing Weber. Upon motion were received, filed, tions
g City
Com- A�eOtricTEMSode
Trust Fund Committee this item was removed and approved.
of 8/19 and 9/23/10; from the agenda. Alcohol
missCharion
Chairperson
Amendments:
Human Rights?/Com-yt of Surveyfapproval of
recommend -
mission of 7/25; Park Asbury Plaza No. 16: Alcohol License Hold- Daoud and Ms. ing
and Recreation Advi- Zoning Advisory Com- ers - Instant Replay: Carstens addressseed - amyndmentsDuto the
sory Commission of mission recommending City Manager recom- sustainability Elect
8/9; Zoning Advisory approval of the Plat of mending approval of ments, securityand
Ea erican r ode that
Commission of 9/7; Survey for Asbury the Alcohol Compli- ownership
Zoning Board of Plaza No. 16 (Asbury ance Settlement Agree- Motion carried 6-0. ed by the Electrical
Adjustment of 8/25 Drive) as submitted by ment with Instant Motion by Connors for Board of Appeals.
Library Board of Dave Schneider. Upon Replay. Upon motion final consideration and Motion by Connors to
Trustees, Update from motion the documents the documents were passage of Ordinance receive and file the
Meeting of August 25, were received and filed received, filed, and No. 44-11 Title 16 of theme tyi of the r qu rementthat thata
and Resolution No. 317 approved.d ordinance be
2011 11 Approving the Plat Alcohol Compliance
Proofs of Publication of Survey for Asbury Civil Penalties for
for City Council Plaza No. 16 in City of Alcohol License Hold-
2424 and 24,
2011 August Dubuque, Iowa, was ers - Murph's South
Uponn, adopted. End Tap: City Manager
dmotion weree Setting Fees for recommending appro-
received eras Memorial Benches in val of the Alcohol
and filed. Various City Areas: Compliance Settlement
SuiNotice andof Claims/ City Manager recom- Agreement with
Calla: Curt LuAnn mending approval to Murph's South End
Callahan for property set the cost of Tap. Upon motion the
damage; Lorraine sponsorship of a bench documents were
Lattner for property at $2,000 for com- received, filed, and
damage; Sarah Ryan munity parks and high approved.
for property damageSweeney
service/impact areas Tobacco Compliance -
personainjury.Sweurfor such as the Bee Branch Civil Penalties for
perstUpon and Historic Millwork Tobacco License Hold
motion the documents District, and $1,600 for ers - Casey's Store
were received, filed mini and neighborhood #2421: City Manager
and referred to the City parks and trails. Upon recommending appro-
Tobacco
City
Attorney. motion the documents val o
t e
Attorney advising were received, filed, Compliance Settlement allow construction of a ment, installation,
claimshat the following and approved. Agreement with four-story nursing alteration from activi-
referredhave been Collective Bargaining - Casey's General Store addition and a one- ties allowed as routine
Entity to Public International Union of #2421. Upon motion story therapy center maintenance by and
Iowa, Risk agent for the Operating Engineers the documents were and the Zoning performed
Iowa, the for the Local No. 234 Amend- received, filed, . and Advisory Commission maintenance electri-
surancea Communities NicholeAs- ment to Agreement: approved. recommending appro- clan and by removing
BauerPool: vehiCity Manager recom- Tobacco Compliance - val. Motion by Lynch to Section 83-8 Bonding,
Bauer for vehicle mending approval of Civil Penalties for receive and file the Article 250.104(B)
damage; Curt Calla-
han the annual amendment Tobacco License Hold- documents and that Other Metal Piping,
for property for full-time Public ers Kwik Star #495: the requirement that a and Article 250.104(E)
Lattner for property
damage; LorraineSafety Dispatchers to City Manager recom- proposed ordinance be Gas Piping System
have a schedule of ten mending approval of • considered and voted Bonding requirement.
damage; Sarah Ryan hours per day and four the Tobacco Com- on for passage at two Seconded by Braig.
for property Sulcer days per week pliance Settlement Council meetings prior Motion n carried
6-0.
vAir
Charlesefor effective October 1, Agreement with Kwik to the meeting at
Sweeneychiele damagp; Petern2011 through Septem- Star #495. Upon motion which it is to be passed Attainment Program
for Wethal for ber ' 30, 2012. Upon the documents were be suspended. Second- (ICAAP) Grant Appli-
injure; Katy ag;for motion the documents received, filed, and ed by Connors. Plan- cation: City Manager
property damage; Kim were received, filed, approved. ning Services Manager recommending appro-
injury.Youo Uponot peon the and approved. Liquor License Laura Carstens pro- val of the submission
ountsmotion were r vided a staff report. of the Iowa Clean air
documents Civil Service Commis- Refund: Request by
received, filed and Sion: Clvil Service Com- Rick Worcester of the Responding to ques- Attainment Program
concurred. mission submitting the Lift Bar requesting a tions from City Council, (ICAAP) grant in the
2011 Justice Assistant Certified Lists for the refund on Beer and the architect stated amount of $2,535,832
Grant (JAG): City positions of Lead Liquor Combination that parking will still to fund the IBM
Manager recommend- Public Safety Dispat- License No. LC0037590 meet requirements and research and pilot
ing approval to accept cher, Mechanic, Sani- in the amount of a generator -powered route services for two
the 2011 Justice tation Driver, and $633.75. Upon motion elevator is planned for years. Motion by Lynch
Assistance Grant (JAG) Police Officer. Upon the documents were emergency situations. to receive and file the
award in the amount of motion the documents received, filed, and Motion
carried 6-0. for Resolution and adopt
$57,858t
wd from me were received, filed approved. the Edward Byrne and made a Matter of SiPort of Dubuque ned cRamp passage consideration
Ordinance mission ngof an Iowa
sub -
Memorial Assistance Record.
{SS:
CERTIFICATION OF PUBLICATION
Dubuque Code of propose
Ordinances, Unified considered and voted
Development Code, by on for passage at two
reclassifying hereinaf- Council meetings prior
ter described property to the meeting at
located in the 3400 which it is to be passed
block of Keymont Drive be suspended. Second -
from R-2 Two -Family ed by Resnick. Motion
Residential District to R- carried 6-0.
3 Moderate Density Motion by Connors for
Multi -Family Residen- final consideration and
tial District. Seconded passage of Ordinance
by Jones. Motion No. 47-11 Amending
carried 6-0. City of Dubuque Code
Request to Rezone - of Ordinances Title 14
3485 Windsor Avenue: Building and Develop -
Request from William ment, Chapter 1
Peterson Architects to Building Codes, Section
amend the Padre Pio 14-1D-2 National EleCtri-
Healthcare Center cal Code Amendments
Institutional District to by removing replace --
day o
1ru.•�.f �l.�V'tP
ary Public in and for Dubuque County, Iowa,
-ma 20 // .
-17,1;7-1)
Notary Public in and or Dubuque County, Iowa.
NA iY K. WSSTERMG4
CommlAsIon NUmb8r 154