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TTOZ '6T ragwaldas uo w•d 0E:9 le uolssas reln6ar in law Ilounoo Ally anbngnd x141 SDNIO333Odd II3Nnoo A113 VMOI `3nanana AO A113 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