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Proof of Publication_City Council Proceedings 11 21 11CITY OF DUBUQUE, IOWA CITY COUNCIL PR litEfI NOS • SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on November 21, 2011 In the Historic Federal Bu !ding, 350 W. 6th eet. Resent: Mayor,BUol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton, CJty Manrl9ger Van 'igen; :pity- =Attddrhey ;dahl ayor Bol -read the call and stated this is a eujl e-dlIo�n of the Gott o conduct S sson on the 14Sfflolency S6$SION ly suett ' ` " � ��i� y Piogram Utz F and';Com- ' �IJ1 D,0 elq'p�ment Dire • phjd Harris introduced. staff members Carroll Clark, Erica Haugen, and Ermine Soler who provided , •a slide presiitaElon rJS 7f- Sufficiency on the 1 ; Initiative R, • .q`s , . Out';- of c -ding ghead Tioo Topics <1x1��J'`°ne. • tri e . sibll- >•' p • 4o J'dlnetor cher cts Ikrtirevneta res.,':' 131Ries -. , :. o illro •R o :fire edUs, (lien • Utco Brid as inn •afldges 'but of Poverty training pro - gra ding sustaln- abill t�lhFiujgg edu- Ca31dA d loy merit sucganess empout- : comes •Getting Ahead "Sq.prom Initiatives, edugattIdn and employment • success outcomes and graduation •Clrc is T ograrn history, tntrtw -F vec de.n;....., Iowa Communities Assurance Pool: Jason Duggan for vehicle damage, Kenneth Miller for vehicle damage, Christina Forsythe for vehicle damage. Upon motion the documents were received, flied and concurred. Wingate Place Subdivision - Accept- ance of Improvements: City Manager recom- mending acceptance of the Pp I Improve- ' ments at the developers, .. GNZ Properties, Inc. Larry A. Miller and Delbert G. Miller, have recently completed in Wingate Place No. 3 and Wingate Place No, 4. Upon. motion the documents were I received and filed and Resolution No. 374 -11 Accepting public improvements Wingate Place No. 3 '1 and Win ate Place No. 4 was adopted. Water Pollution Control Plant Construc- i' tion Camera. Documen- tation Services: City Manager recommend- ing selection of Mulfivista to provide construction camera documentation ser- vices for the Water, Control Plant Modifications Project for a proposed fee of - $65,985, and approval ' to negotiate and enter Into an agreement with Multivista. Upon mo- tion the documents were received, filed, and approved. • H1B, Technical Skills Training Grant - Letter of Support: City Mana- ger transmitting cor- respondence in sup- - port of Skill Up: Up- skilling IT in Iowa & Wisconsin proposal submitted by North- east Iowa Community College in response to the H1B Technical Skills Training Grants'. program. Upon motion the documents were received, filed, and approved. ABC Supply - Amend- • ment to Lease Agree- ment: City Manager recommending appro- val of the First Amendment to the lease agreement with American Builders and Contractor's Supply Company, Inc. (ABC Supply). Upon motion the documents were received and filed and •Resolution No. 375 -11 Approving a • First Amendment to the lease agreement between the City pf Dubuque, • Iowa, and American Builders and Contractor's Supply Co., Inc. (ABC Supply) was adopted, Voluntary Dental Plan - Acceptance of Renewal Rates: City Manager recommending appro- val of the premiums for the dental plan, which are paid by the employee. Upon mo- tion the documents were received, filed, and approved. Delinquent Water, Sewer, Storm Water, and Refuse Assess- ments: City Manager rarnmmand nn annrn. of Spain Stat Area. Upo motion the document were received and file and Resolution No. 380 11 Authorizing REA Grant Agreement wit Iowa Department o Natural Resources fo land acquisition fo • E.B. Lyons Interpretive Center and Mines o Spain was adopted. Smart Planning Consortium Update City Manager transmit- ting an update on t e October 5, October 26, and November9, 2011 Smart, Planning Con - sortium Meetings. Minutes of. the October 5 and Ootober 26, 2011 meetings, Housing Goals and Objectives, and Smart' Planning Public Input Meeting schedule'- are also provided. Upon motion the documents werer received and flied. Demolition of Flood - Damaged Prop riles: City Manager recom- mending approval of a contract with ECIA which • utilizes FEMA Public Assistance funds •for adminis- tration, fencing and demolition costs associated with • the flood damaged pro- perties at 1580 Old MIlI Road, 1658 Manson Road and 1654 Manson Road. Upon • motion the documents were received, flied,. and approved. Iowa League of Cities - Audit Committee: City. Manager submitting correspondence that Finance Director Ken . TeKippe will be serving on the Iowa League of Cities' Audit Commit- tee. Upon motion the documents were received, flied, and approved: 2011 Sewer Cured -in- Place Pipe •(CIPP) Lining Project: City Manager recommencj- ing acceptande4of the construction cb fi'act for the 2011 SeWer Cured -in -Place Pipe (CIPP) Lining Project as completed by Vjsu- Sewer, Inc., in the final ,contract amount of $94,363.75. Upon -mo- tion the documents .•were received and filed )and Resolution No 381 - 11 Accepting the 2011 Sewer • Cured -In -Place Pipe (CIPP) Lining Project and authorizing the payment of the contract amount to the contractor was adopted. Dubuque Audubon Society - Letter of Support: City Manager transmittingcorrespon- dence from the Dubuque Audubon Society In support of the proposed Over- looks and Floating Island enhancements for the Lower Bee Branch Creek Restor- ation Protect. upon motion the documents • were received and filed. Cottingham•& Butler, Inc., Amendments to CEBA and Enterprise Zone Agreements: City Manager recommend- ing amendments to the CEBA and Enterprise 7nna n.....e..,, 1... c,.. to Beer /Liquor License to n Double Shot, Bridge s Restaurant; a Class "C' d Liquor License to - Cookln' Something Up; P a Class "B" Wine h License to Sam's Club f #4973, Iowa Street r Market; a Class "WBN" r Native Wine License to Kwik Stop Food f Market, Plaza 20 BP /Amoco, Freddie's Popcorn Co.; and Resolution -No. 385 -11 Granting the Issuance of a -Class -ug" . Beer - Permlt to -Iowa Street Market, Kwik Stop Food Mart, Plaza . 20 BP /Amoco,'Sam's Club #4973 were adopted. ITEMS TO BE SET FOR PUBLIC (NEARING Motion by Lynch to receive and file the • `documents, adopt the resolutions, Set • the public hearings as Indicated, and direct ' the City Clerk to publish notice as _ .:Preso e�-d�i•� :;by W. Seconded by Connors• Ia Motion carried 7 -0. General Obligation Bonds: City Manager recommending_ setting a 'public hearing. for December 5, _ 2511 .on the proposition of selling not to exceed $9,000,000 In General Obligation Bonds for essential • corpoYate • purposes. Upon motion • the documents were received and filed and Resolution No. 38641 Fixing date - for • •a meeting on the proposition of issuance of not to exceed $9'' 0 � , ) General Ob Bonds (for es en al corporate purposes)• of the City of Dubuque, Iowa, and providing for publication of ndtice thereof was adopted setting. a public hearing for •a meeting to commence at 6 :30 gam' on Decembe -6, • 201A,.. In the Higrofio Federal Building. ' general Obligation Urban .Renewal Bonds: Oity Manager recom- mending -setting a public hearing for December 5, 2011 on the Proposition of selling not to exceed $5,000,000 In General Obligation - Urban Renewal Bonds for Greater • Downtown ' Improvements. • Upon motlon the documents were received and filed and Resolution No. 387- 11 Fixing date for a meeting on the proposition of the ssuance of not to exceed $5000 000 •General Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting , a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 In the Historic Federal Bulldi BOARDS/ COMMISSIONS Appointments to the. following Boards/Com- missions: Environmental Stew- ardship Advidory Com- Upon motion the rules were suspended allow - ing anyone present to address the City Council. Request to Rezone - 2155 Rockdale Road: Zoning Advisory Com- r fission recommending . approval to .rezone property located at 2155 Rockdale Road from R -3 Moderate ensity Multi- Family esldentlal District tOC- General Commercial !strict ..as. requested y Joe_gWacK, Triple J $rid .. Co. LLC /.'D aryl lechier, DSD Proper - es, ' Citizen petition In pposition to the robosed rezoning. Cltlzen 'petitions In sippoft of . the proposed rezoning. Motion by Jones to t�Qcejve and file the • dbOLments and table t December 5, 2011 a p oposed ordinance A endjne,- it :16 of tre City - of Dubuque • Code of Ordinances, Unified Development ''Cabe by reclassifying Ioreipafter, described property_- located • at :Road*. RooRd`�le„ - Id from R-3 . Jylodera e � nsity, "• Multi -Fam y sheen laIDlstricttoC- 3`-Gene at',Commerclal D strlet. Seconded by Resnick. Business Q,wne.r /Developer W yi, ,Biechler,, 7762 Wlidnest Lane, spoke In • favor of the proposed ordinance and addressed Issues Ned b< property ners, -.P ann tfg Ser- VI e,s . Manager • Laura • C stens provIded, . a st report. •Richard C ney, 2270 Jaeger 15 e, spoke - 1Jf1 opposition to • the proposed ordinance on behalf -.• of area residents and cited Inerem�ssed traffic, the imp ct,,',of prop Sad rest Mitla! deve p- me _ . comlp _ Ian pi'8�rty,. the -re So' hwest , Ajt'etjal, an. . detour . Table Mound E Itlfrr�hr�r! tary School PrIliOlknl Brenda - Mitchell sp ke In opp,lItlon to the propose -. ordinance and orted concerns related 'to the school and the presence of • children: Motion car- ried 7.0. Grand River Center - Exhlbit Hall . Carpet Replacement Protect: Proof of publicatlon'on notice • - of public hearing.- to consider approval of the plans and specifications. for the Grand River Center r=xhl6lt Hall . Carpet Re laeement - Project �the City Manager rat appro- vab MotIOn°by lynch to reGelve and file the documents and adopt Reaplution No. 38841 Apoving • the plains, Specifications; form of not, and estl- c St,•;for the � j�er Center 11 • 'Ca et ilflt t Profct. 4rlded by Bralg. MI crrlat.l -7.0. 1 Qt� Main- Urban R 1ta 2atlan Afea Plan :• Proof of-- pubil- 1 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: November 30, 2011, and for which the charge is $347.48. Con the sessions he pager facilitated. duling There being no n the further business, uidn enter motion the City Council as adjourned at 8:44 p.m. te' is _ 'Kevin S. Firnstahl -later ' City Clerk • 10, -1t 11/30 'Braid I -- ethe, ache- i Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, -'�az,„7frace4I , 20 // . n: for • ,hi 2011. ts /a,- day of 'pores. 1 ER alji�er n the al - of' 3r 26. orted ce at , ktlonal I Cltles ' the eat In �stain- during Notary Public in and for Dubuque County, Iowa. • i; Comrnl:aiao Thtia�7;1r 1'a;. grit;, • esnige, �uaon, were received, filed, Manager submitting issuance of not to raised by Braig I City Manager Van P 9 y property le the Milligen; City Attorney and approved. • correspondence that exceed $9,000,000 owners. Planning Ser Lindahl H1B, Technical Skills Finance Director Ken General Obligation vices Manager Laura • sche Mayor Buol read the Training Grant - Letter . TeKippe will be serving Bonds (for essential Carstens provided a m for call and stated this is a of Support City Mana- on the Iowa League of corporate purposes) of staff report Richard 2011. special session of the ger transmitting cor- Cities' Audit Commit- the City of Dubuque, Cheney, 2270 Jaeger inors. City Council to conduct respondence in sup- tee. Upon motion the Iowa, and providing for Drive, spoke in a work session on the Port of Skill Up: Up- documents were publication of notice opposition to the BE !,'Family Self - Sufficiency skilling IT in Iowa & received, filed, and thereof was adopted proposed ordinance on tuber Program. Wisconsin proposal approved: setting" a public behalf • of area n the WORK SESSION , submitted by North- 2011 Sewer Cured -in- hearing for a meeting residents and cited al of Family Sell- east Iowa Community Place Pipe •(CIPP) to commence at 6:30 increased traffic, the i r be Sufficiency Program College 'in response to - Lining Project:' City p.m.-' on December 5, impact, of proposed er26. Housing and Com- the H1B• Technical Manager recommend- 2011; in the Historic residential develop - munity 'Development Skills • Training Grants'. ing acceptan'cesa the Federal Building. meat, commercial at Director David Harris program. Upon motion construction canfract General • Obligation, 'property, the future itional . introduced - staff the documents 'were for the 2011 Sewer` Urban.Rehewal Bonds: Southwest Arterial, Cities members Carroll Clark, received, filed, and Cured -in -Place Pipe elty Manager recom- and detour issues. joenix, Erica Haugen, and approved. (CIPP) Lining Project mending -setting a Table Mound Elevens It le Ermina Soler who ABC Supply - Amend - as completed by Visu- public hearing for tary School Principal provided a slide • .ment to Lease Agree- Sewer, Inc., in the -final . December 5, 2011 on Brenda Mitchell spoke ' ;n- presentation on the ment City Manager,,, contract amount' of the proposition of in opposition to the during :Family Self- Sufficiency recommending appro. '$94,363.75: Upon Imo- selling, not to exceed proposed ordinance lExperience, • the val of the , first -• tion the documents $5,000,000 in General and :cited concergs ' ;Bridges Initiative Amendment - to e- were received and_fired. 'Obligation - Urban ' related' to the school :(Bridges Out', of ' lease agreement With 'hand Resolution' No. 381= Renewal Bonds for' and. the ,presence, of •Poverty,.Getting'khead American Builders and " '111 Accepting the 2011 Greater" ,Downtown 'chil'dren,' Motion car - and +Circles). Topics Contractor's Supply 'Sewer. Cured -in -Place improvements. • Upon. ried,7, ;0. ' • ldiscussed•ificluded: .Company, Inc. (ABC Pipe (CIPP) Lin'lfi'g ' motion the documents . Grand River Center - 1 Family Self- Suffi- Supply). Upon motion Project and authorizing were received and filed Exhibit Hall Carpet i iency Experience the documents. were ' the payment of the and Resolution No.387- Replacement Project ) •Fam'ily "respoi sibil- received and filed and contract amount to the 11 Fixing date for a Proof of publication'on sties ■ _ ...,,Resolution No. 375 -11 contractor was rgeeting ,on the notice . of public ' s •Program coordinator' approving a ., First adopted. proposition of the hearing to consider responsibilities . Amendment to the -1 'Dubuque • Audubon issuance ' of not to approval of the plans ' ?Section 8 Voucher 'lease .. Society - Letter ' of exceed $5;000;000 and specifications for partielpatiAn; contracts `between te City -gf - _ Support City' Manager •General Obligation the Grand River Center and case management Dubuque,• Iowa, and 'transmittingcorrespen- ,Bonds (for ' urb`ain Exh ;bit Hall . Carpet ' •Prjograni ihreatives, American ,Bu,rl'ders and dente froth -, the renewal purposes) , of . •,l epFacement • Project education and. employ- Contractor's Suppj}y Dubuque • Audubon the /City of Dubuque, . a ,tbe, City Manager mentloutcortres Co.,. Inc. (ABC Suppl) 'nSociety in' support o lonnla;and providing for .reco'mmending appro- ' Bridges Initiative was adopted. • , i' •'the proposed, Over- the publication of vaViMationiby Lynch to •Bridges Out of 'Voluntary DentalPlan - looks and Floating notice thereof was receive and file the Poverty; training pro - Acceptance of Renewal Island, enhancements, adopted setting • a documents and "adopt grams, funding sustain- Rates: City Manager,- for the Lower.. Bee ,public hearing for. -a R` oufution No. 38&±11 ability; continuing edu- recommending ' appro - Branch' Creek ,'Reslor, meeting to ",commence Ap•roving , the plans, cation . add employ: val of the premiums for . ation Project, Ubon at '6:30", p.m. on srpecrfications, form' of ment success out- the dental plan, whi h ' motion he' documents •December 5'x20�d. o , an ' esti 'comes are " paid byJ the,glwere received • and the Histori w�Fed'e 'nom cost for the •Getting Ahl ead, employee. Upon mo filed. t ` Building. , , r T River' Center * tion the docume Cottingtiam, �&��q ttitler, BO �e4 ' Carpet P>oioh miitla Ives, � > l education .and were ° received filencf; Inc., Ameliamer�lts �d' MM OAS R I� cement Pkroject. employment • Ssuccess and approved. �, *; `CEBA .and Enterprises ! pointme o}•.ther S ed ,bey Braig. outcomes and Delinquent ,Water .Zone Agreements: City following Boaras%/Com ' cirri dyO- Sewer, Storm • Water Manager recommend- missions to 0 d;- Min Urban ' graduation ,�. v i •Circl and Refuse Assess ing amendments to the Environme 5`tevf 'tie i ahzatfon r Area "Program 'history, ments: City Manager CEBA and ' Enterprise,' ardship Advi r P(oof of publi- initiatives, demogra- recommending,' appro Zone Agreements" lfora r mission: On ear n -ofrff� noYce'.of phics - and 'success val . to certify, C,ot Ingham' & Butaer terra throng 0 ber' p;. i 4��frearing to outcomes delinquent • . Water_ont., 'llpo7i"..yyobotib "the 1'" OT4 °ei7pi etrte•m" c an ' amend=- - Measuring changes in sewer, storm water documents°Svere rece- of Cawley), Applicant, tb the 'Old, Main social equity and real- and refuse charges to ived and • filedm and Wayne, ` Klosterrn'ann, ' e -' Revitalization life impact a4. •the Diib'uO County, Resolution No 1 6 Queen YStreet thid A ,plan and the City Resources, . rtner- Treasures 7t o d l Authorizing - 'Ili ; Beck, ',;1390 Alen* 'ry ggrr� "�"com,mend- ships, case y udies,' establish re I pi-avail,' of �I t' '(Additi nal Appli ift " o'' and reporting ., in lien, for Coale igai of ment to thej OEBA'�yanl cant)^• Upon Rik,' call ,, CSoprresporldence from sures such charges. ' Upon Enterprise Zone Age- vote' of 4-�3, Wayne the,,,, Long Range There being no motion the do'cuinehts mentsiwith'Cottingham Klostermann was prattling Commission further business etpon were received and filed & Butler, Inc, ' was appointed ` to • the recommending appro. motion the City+Council and ResolutrenJNo. 376 adopted. En' ironmentalSteward 'f ,the Old Main • adjourned-et 5:38p.m: v Adopting the' ..Mediiacom Comrnum ship,Advisory,.Commis Ur an - Revitalization • /s/Kevin.S. Firnstehl' ' Schedulle of aAssess cations:. ° , ''Got un l -fora 3- yearter,m • A - �P,lan and finding �.City Clerk ments •for. delinquent cation rog iii j O"ctob- r�� tt is' consistent CIi V OF DUB' E; water, ' sew q, refuse gerassley, S tto4; °Bra C . • 2008 Dubuque • I, ,tis and ∎ uteri ,ger of rim, .t+ esnick \toting a ;ensivePlan. Ct Y o 0 tit IL - accounts a 'o -�i Y "Relations far�ii�i Bete `T by, Conno s.to PROCEED the City Cler„ @t.an� ,;coin Communicattonlman lights Com �i r and , file the_ REGULARS - 0111 the SchedU e o Company, informing ,mission O,r�e 34yea[ �oeumenfs; and^ that The Dtfbugoe City Asse's'sments to the th'e City of ' rate term throu h ,Jani3`ary ' tl) requirement that a Council met in regular County Treasurer and ad'justibents. Upon mo- 1 2014r(vac'ant#'te'rgn of `1 pr osed ordinance be session at 6:301:14. �n • to • • publish notice tion the documents Grote): 2Applicants• ctr idered and ,voted 'November 21„ •2gi1 in thereofwasadopted; were received and N^ ie Blume, 2523`` o i ;passage at two the Historic - Federal Drug 'Abate. ;,,ge file•" a5hgngtonl< • Street; " Co cl4.meetings prior 1 Building, 350 W. 6th ' sistance Bducation ' CreekUWood•/Park• - and )M;quel Jack on to a meeting at Street. (DARE): City ManagAer,� Alliant Energy . Grant 631 University A "venue •,w �r is�to be passed Present Ma dr Bt7ol, recomme tl a 'pro Applicafuoh:'G f , Upon roll call votejofi5. 01- ; u -p nd,eid Sercond- Coudoil Members, val of theTO y012 alter recom� , 2,�Mfquel Jackspr r h?�'IJ , ' n ck Motooi Braig,' Con orsa�:. es� Drug Abus i �,� approval to aF"p at> appointed ° tot t r car V_ "a Lynch, R �ick„a�t O'ri; Education nogg;, an Alliant Eger 1,0,1l'maan Rights Commi CT Lei „nnors for City, M ger, -.Van agreement be'o"eq ' Foundation grant, . o • "sion,for a 3 =ye`ar term, In A, -i�eration,and M;Iligen, C Attorney the City •of Dubulgtie 'development •o'f •Creek through ' January 2014 - ' passage of Ordinance Lindahl Police Department and Wood le -Park Upon'' Lynch an& Resnick No:•;5011 Amending Mayor Buol read the the Dubuque Commun. , motion the documents voting for Bfl. me. , the e:Frsting Old Main call andstated this is a lb/ Schooln ,District" were received filed, • • Zoning Advisory .Urban,- Revitalization ' regular session of the Upon motion the and approved. _* 'Corrfnissio��!! One 3- Ar iPlaan, pursuant to City Council to conduct documents were Bee B`rarncb C•Geek year ?m tk_ oug J111y Ch .ter ,404 of the such business that may received, fillied, aCd , testorati'bnl o 1, 0+ • (gacnt t 1 g o t ..-• Code of Iowa- Secodd- properly cemejwbefore approved gcgwsiyti �o r� = d . 'App�ica2t �etl Eby Jones Motion Council Plat of Survey J:J Cjty Ma co °gb� a Bird Jr . Carr ed 7 0: . ' PLED%E�OF ". Kemp 4Pa, w mg rn�ndir tit r -n' juJ -- Ar ai v Rod L1�re ' r erj�', ofDubuqui ALL n °; C Advisory. •, F tl ' ;on o i o h.e:., ti, MO, oii 'ib B _�k� AO � n line �,,. IN\/O w, q ra . .11M.. ., recommen o roe,- Dint e = eet :Cane=+ MajorTdm M. on, val of, the'; Plat of, „Dubuque AddRton. the Zoning Advisory, . mefit•: Proof of publi- Salvation Army Survey , of J J Kernp (Junnie & Rich s Conn Commissio for a 3- cation on notice :of SWEARING IN Place (408 Hill Street) Partnetiship) thrqugla, yea; ough Jul puhUG „ bearing/ to Fourth Ward ;City as requested by James the pieces of emuilren 2;."2013 S ond'ed b eot�r55ider; granting; an Council Member Lynn It and Jo :A :Edwards, domain/ at 4 the Jodes. Motto carried 7 Old ieas'e"tnett under Ben- Sutton . Upon -motion , the appraised 'able' of PI'1y61! 1 ' N j nett Street to accom- Mayor Bu • I presented documents „,• :were • ,$66,950 for�h,t�'heMtiBi tiuest f 6 Amen'dd modatie ;e geothermal the 'trick *career received and fiiledy+and inch CreaM oY, i. ed Unit Dever System for the Award fro file Iowa Resolution No 350 11 son Project on'� op : e't - Asbuitgelaza 'iVhrversity' of Dubuque Emergency `,Mledical APProving the Plattjpfk motion thef^documents Zoni4ig Advisor Co Performjing,Arts Center Services • «As?og th ion; Survey. or JI- p” were receiveiferibaEle'd9 mission recornmenL"dl rain n Manag er (IEMSA) to Fire1 ptein Place in th4eg G of and Resolution No 383 M e al to amend trhe re , h rhng appro. Roger Werrfimont. Dubuque, Iowa:. was 11 Authorizing ." ,:the Asbury. Plaza Planned val Motioraf4Y Jones ;to CONSENT ITEMS adopted: acquisition by eminent , Unit Development to receive and file the Motion by Lynch to Plat of Survey. - .domain] of certain real allow. -.for ;a right- documents and adopt - receive and file the McNamer 'Acres „#1y3:, property owned,`,,`py,.`i'n /rightout, access tor, Resolution No. 389-11 documents, adopt the Zoning Advisory Corn- Junnie & Rich's Coin ,t : '.Nort hwe'st Arteriah4r, Granting easement for resolutions and mission recornrnending Partnership in the City and-ti - ameid,the,Iist •private- •utilrity. , to dispose of as tn� cated,) approval of tl'4 cP;laRlgkf§y,W o u'que, Iowa; was of . permitt••tdd-' ' ufes" U'riiversity` of • Dubuque Seconded by, Coithors:> Survey .`of Me Lee don,,..ed., Y - 4 height;;, *aid sign .for an underlying. por- Motion carned7 -0: • Acres #3 (west endaofl A , _property 1Acglu Hip... 'to of Bennett Street Metutes nd Reports Marison.p. Road)+1;.aasr ,0pf ,tiExcessip 'L�o �n �, + Oit�y Manager recd `C by Braig. Submitted•4 Airport. reques�tedt by Ma yry lganeel's: City than rneryding '', • - iadditi," , o tia rrjjed7 -0. Commission of 9/12 McNamer, Upo YriLO r o ,_`mending acquisi- atyre nth, to �4er "' ,„ oy iootion,therules Cable Teleprogram- tion they, n an.ulaof five excess, Asbury ,Plaza Planned . were reinstated ' min`g Commission 9/6, wererecei a �� ed ti'c that 'the Unit' Development. limiting discussion to City Council Proceed- and Resoll�o lr8 c D c* I ;e County Tree. Correspondence from the City Council. ings of 11/7, 'Historic 11 A'bprd i 1 e�P ul erftis disposing of. O'Connor & Thomas on ACTION ITEMS Preservation Commis- of15.11i le. o il �M l �'ni / motion the behalf of the Multicultural Family -sign Education Task Acres 49. in th Q r r ocu$ments were developers :requesting Center ' - 2010 -2011 Farce of 11/2, Housing' Dubuque, Iowa, ' was eceived filed, and that the ,reque a Annual Report Multi - CodeAppeals,Board,of adopted. proved amend- the PI ,Leultural.Familly Center 7/19, Ho ing Corn- Final Plat 1Knepper Abstract of '�7'ofes :' Unit +D`evelopmen , airectorTaia Velez and mission o1 9 park Addition: Zoning Dubuque Cou�n Bo Asbury Plaza/be tabled• and President Gil and 'Recre • tie Go,; - Advisory, Co 1 fission,- of Supervisorts "b i, totD'cember°19, 2011 "- ��e n,cue ,'to-Present the mission of recommend), g ppro- ting the Abstra ofp ion by Connors to, e�1 ter" ' •, 2010-2011 Zoning Adyisdril!, Gom- val of the anal Plat of Votes for the General' receive and' file ,the Annuaa Report. Motion mission of 11/2; 'Zoning Knepper Addition (1834 Election held the 8th ' documents and table • by Connors to receive ' Board of Adjustment of Creek Wood Drive) Las day of November, 2011. to December'19, 2011 a and file the infor- 10/27 requested by Buesing Upon motion the proposed 'ordinance mation. Seconded by Library Board of & Associates., Upon documents .were amending Title 16 of Jones. Ms. Velez Trustees Update" from motion the documents received and fled'. the., City „oft Dubuque introduced members of Meeting of- October 27, were received and filed Signed Contracts: A) Code of O'rdi'nances, the Center's Boar of 2011 , and Resolution No. 379- Contract with Mark Unified Development Directors and provided Upon motion the , 11 Approving•the Final Fondell Excavating, Code by rescihidi.ng a slide presentation on documents were. Plat , of Knee er Inc., for demolition of Ordinances 4-96, 44 -99, the mission, history received arid filed Addition in :figs Cit of ;2 63 and . 2275 Elm 9-02, •41 -03, 5 -05 and r, and programs of the ' Notice of • Cl'ai n$'' Dfibuque, Iowa, *as Stir_ eet B) 2011 -2012 165- 406,,, : /?whit aie�ssta•,- Multicultural Family, Suits:'J•ason Du • for' adapted. A erigorps Grant fished regulations for Center- Motion carried vehicle dad Pnage; Mines of Spain ^A" �'plication; C) II�NI�. Asbuurryy ,�P a, a 7,11.: A Christina Forsyt�ie: , Resource Enhancement FOAK Agre n`ieb planbe'd unt ,develop , Urban Mobility ''vehjCler damage,,R o and • Protection (REAP) Change Request-Form- ment with a Planned Coordinator. Motion by )Ruh 'j,;' for . ,yelhidle. Grant pity Manager Upon motion .. the Commercial , Desig -- Jones to receive and damages Betty ' Ttgges. recommending appro documents were nation, located at the file • the. information. for property damage. " val of the Resource received andifiled * , ,ri 001vest ,corn Rof ', .Seconded by Braig.. Upon motion the Enhancement and Liquor Licerise Apoli - gwarid jury Dlre�ctor iof. Transit documents were rotection (REAP? ' options, City Manager Road a no egrg Operations` Barbara -.,received,,,tfiled. and• granjk agreement with recommending appro- aige,1ded ,,dto" Alow, Moto',k,, introduced, 'referred `to • the City the Iowa .Department Mal of annual liquor , v hgle., es,:,F and]„ , ban Mobility Codr- Attorney. , of •Natural Resources license renewals ' as^ `•v" hicre cep o ' dinator Michelle Huse - City Attorney advising for $200,000 in funds* submitted: Upon mo- repair as permitted man. • Ms. Hussman that the following be used:,, ' tow " lion • the documents uses and amend provided information claims have.;' - ,heeri acquisi±i.smgv - 19 were receiu��eedrandyffled; regulations for signage, on her professional' referred to "^ Public acres adjacent/4o '', afidiRes iluTior No� and building height. background: Motion Eritity'hiskii Services. of E.B. •Lyonsw,linterpret ;eie . -.,71 ..Graisting ; the econded1,r bye • l3 digs , carrEIE�'tl 7-0., , , lolva; the agenffor the tenter and •the_ Mines issuance ef'a'Glass "C 'lotion- Carrie 7-0. ,Neighborhood Watch Subscribed to before me, a Notary Public in and for Dubuqu this / day of ty-yY2-,4c41 , 20 // Notary Public in and for Dubi u ∎'( RRY K. VI T >_R..`' Iowa Communities Assurance Pool: Jason Duggan for vehicle damage, Kenneth Miller for vehicle damage, Christina Forsythe for vehicle damage. Upon motion the documents were received, filed and concurred. Wingate Place Subdivision - Accept- ance of Improvements: City Manager recom- mending acceptance of the public improve- ments that the developers, GNZ Properties, Inc., Larry A. Miller and Delbert G. Miller, have recently completed in Wingate Place No. 3 and Wingate Place No. 4. Upon, motion the documents were received and filed and Resolution No. 374-11 Accepting public improvements in Wingate Place No. 3 and Wingate Place No. 4 was adopted. Water Pollution Control Plant Construc- tion Camera Documen- tation Services: City Manager recommend- ing selection of Mulfivista to provide construction camera documentation ser- vices for the Water Pollution Control Plant Modifications Project for a proposed fee of $65,985, and approval to negotiate and enter into an agreement with Multivista. Upon mo- tion the documents were received, filed, and approved. • H1B, Technical Skills Training Grant - Letter of Support: City Mana- ger transmitting cor- respondence in sup- port of Skill Up: Up- skilling IT in Iowa & Wisconsin proposal submitted by North- east Iowa Community College in response to the H1B Technical Skills Training Grants program. Upon motion the documents were received, filed, and approved. ABC Supply - Amend- ment to Lease Agree- ment City Manager recommending appro- val of the First Amendment to the lease agreement with American Builders and Contractor's Supply Company, Inc. (ABC Supply). Upon motion the documents were received and filed and Resolution No. 375-11 Approving a . First Amendment to the lease agreement between the City of Dubuque, Iowa, and American Builders and Contractor's Supply Co., Inc. (ABC Supply) was adopted. Voluntary Dental Plan - Acceptance of Renewal Rates: City Manager recommending appro- val of the premiums for the dental plan, which are paid by the employee. Upon mo- tion the documents were received, filed, and approved. Delinquent Water, Sewer, Storm Water, and Refuse Assess- ments: City Manager recommending appro- val to certify delinquent water, sewer, storm water and refuse charges to •the Dubuque County Treasurer in order to establish real property liens for collection of such charges. _Upon motion the documents were received and filed and Resolution No. 376- 11 Adopting the Schedule of Assess- ments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. Drug Abuse Re- sistance Education (DARE): City Manager recommending appro- val of the 2011/2012 Drug Abuse Resistance Education (DARE) agreement between the City •of Dubuque Police Department and the Dubuque Commun- ity School District. Upon motion the documents were received, filed, and approved. Plat of Survey - J.J. Kemp Place: Zoning Advisory Commission recommending appro- val of the Plat of Survey of J.J. Kemp Place (408 Hill Street) as requested by James R. and Jo A. Edwards. Upon motion the documents were received and filed and Resolution No. 350-11 Approving the Plat of Survey of J.J. Kemp Place in the City of Dubuque, Iowa, was adopted. Plat of Survey - McNamer Acres #3: Zoning Advisory Com- mission recommending approval of the Plat of Survey _of McNamer of Spain State Recreation Area. Upon motion the documents were received and filed and Resolution No. 380- 11 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain was adopted. Smart Planning Consortium Update: City Manager transmit- ting an update on the October 5, October 26, and November 9, 2011 Smart Planning Con- sortium Meetings. Minutes of the October 5 and October 26, 2011 meetings, Housing Goals and Objectives, and Smart Planning Public Input Meeting schedule are also provided. Upon motion the documents were received and filed. Demolition of Flood - Damaged Properties: City Manager recom- mending approval of a contract with ECIA which utilizes FEMA Public Assistance funds for adminis- tration, fencing and demolition costs associated with • the flood damaged pro- perties at 1580 Old Mill Road, 1658 Manson Road and 1654 Manson Road. Upon motion the documents were received, filed, and approved. Iowa League of Cities - Audit Committee: City Manager submitting correspondence that Finance Director Ken TeKippe will be serving on the Iowa League of Cities' Audit Commit- tee. Upon motion the documents were received, filed, and approved. 2011 Sewer Cured -in - Place Pipe (CIPP) Lining Project: City Manager recommend- ing acceptance of the construction contract for the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project as completed by Visu- Sewer, Inc., in the final contract amount of $94,363.75. Upon mo- tion the documents were received and filed and Resolution No. 381- 11 Accepting the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project and authorizing the payment of the contract amount to the contractor was adopted. Dubuque Audubon Society - Letter of Support: City Manager transmitting correspon- dence from the Dubuque Audubon Society in support of the proposed Over- looks and Floating Island enhancements for the Lower Bee Branch Creek Restor- ation Project. Upon motion the documents were received and • filed. Cottingham'& Butler, Inc., Amendments to CEBA and Enterprise Zone Agreements: City Manager recommend- ing amendments to the CEBA and Enterprise Zone Agreements for Cottingham & Butler, Inc. Upon motion the documents were rece- ived and filed and Resolution No. 382-11 Authorizing the Ap- proval of an amend- ment to the CEBA and Enterprise Zone Agree- ments with Cottingham & Butler, Inc., was adopted. Mediacom Communi- cations: Communi- cation from Lee Grassley, Senior Mana- ger of Government Relations for Media- com Communications Company, informing the City of rate adjustments. Upon mo- tion the documents were received and filed. Creek Wood Park - Alliant Energy Grant Application: City Man- ager recommending approval to apply for an Alliant Energy Foundation grant for development of Creek Wood Park. Upon motion the documents were received, filed, and approved. Bee Branch Creek Restoration Project - Acquisition of Lot 351: City Manager recom- mending the acquisi- tion of the W 'V2 and E '/z Lot 351 East Dubuque Addition (Junnie & Rich's Coin Partnership) through the process of eminent domain at the appraised value of $66,950 for the Bee Branch Creek Restor- ation Project. Upon motion the documents were received and filed and Resolution No. 383- 11 Authorizing the acquisition by eminent domain of certain real property owned by Junnie & Rich's Coin Partnership in the City of Dubuque, Iowa, was adopted. Beer/Liquor License to Double Shot, Bridge Restaurant; a Class "C" Liquor License to Cookin' Something Up; a Class "B" Wine License to Sam's Club #4973, Iowa Street Market; a Class "WBN" Native Wine License to Kwik Stop Food Market, Plaza 20 BP/Amoco, Freddie's Popcorn Co.; and Resolution No. 385-11 Granting the issuance of a Class "C" Beer Permit to Iowa Street Market, Kwik Stop Food Mart, Plaza 20 BP/Amoco, Sam's Club #4973 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. General Obligation Bonds: City Manager recommending setting a public hearing for December 5, 2011 on the proposition of selling not to exceed $9,000,000 in General Obligation Bonds for essential corporate purposes. Upon motion the documents were received and filed and Resolution No. 386-11 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,000,000 General Obligation Bonds (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal Building. General Obligation Urban Renewal Bonds: City Manager recom- mending setting a public hearing for December 5, 2011 on the •proposition of selling not to exceed $5,000,000 in General Obligation .Urban Renewal Bonds for Greater Downtown Improvements. Upon motion the documents were received and filed and Resolution No. 387- 11 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,000,000 General Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting . a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments to the following Boards/Com- missions: Environmental Stew- ardship Advisory Com- mission: One 3-year term through October 1, 2014 (expired term of Cawley). Applicant: Wayne Klostermann, 2636 Queen Street; and Julie Beck, 1390 Glen Oak (Additional Appli- cant). Upon roll call vote of 4-3, Wayne Klostermann was appointed , to the EnvironmentalSteward- ship Advisory Commis- sion for a 3-year term through October 1, 2014. Sutton, Braig and Resnick voting for Beck. Human Rights Com- mission: One 3-year term through January 1, 2014 (vacant term of Gloss). Applicants: Nickie Blume, 2523 Washington Street; and Miguel Jackson, 631 University Avenue. Upon roll call vote of 5- 2, Miguel Jackson was appointed to the Human Rights Commis- sion for a 3-year term through January 2014. Lynch and Resnick voting for Blume. Zoning Advisory Commission: One 3- year term through July 1, 2013 (vacant term of Stiles). Applicant: Eu- gene Bird, Jr., 3357 Arrowwood Lane. Motion by Braig to appoint Eugene Bird to the Zoning Advisory Commission for a 3- year term through July 2, 2013. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Request to Amend Planned Unit Devel- opment - Asbury Plaza: Zoning Advisory Com- mission recommending approval to amend the Asbury Plaza Planned Unit Development to allow for a right- in/right-out access to the Northwest Arterial and to amend the list of permitted uses, height and sign Upon motion the rules were suspended allow- • ing anyone present to address the City Council. Request to Rezone - 2155 Rockdale Road: Zoning Advisory Com- mission recommending approval to •rezone property located at 2155 Rockdale Road from R-3 Moderate Density Multi -Family Residential DistricttOC- 3 General Commercial District as requested by Joe Zwack, Triple J Land Co. LLC / Daryl Biechler, DSD Proper- ties. Citizen petition in opposition to the proposed rezoning. Citizen petitions in support of the proposed rezoning. Motion by Jones to receive and file the documents and table to December 5, 2011 a proposed ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by reclassifying hereinafter described property located at 2155 Rockdale Road from R-3 Moderate Density Multi -Family Residential District to C- 3 General. Commercial District. Seconded by Resnick. Business Owner/Developer Daryl Biechler, 7762 Wildnest Lane, spoke in favor of the proposed ordinance and addressed issues raised by property owners. Planning Ser- vices Manager Laura Carstens provided a staff report. Richard Cheney, 2270 Jaeger Drive, spoke in opposition to the proposed ordinance on behalf of area residents and cited increased traffic, the impact of proposed residential develop- ment, commercial property, the future Southwest . Arterial, and detour issues. Table Mound Elemen- tary School Principal Brenda Mitchell spoke in opposition to the proposed ordinance and cited concerns related to the school and the presence of children. Motion car- ried 7-0. Grand River Center - Exhibit Hall Carpet Replacement Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications for the Grand River Center Exhibit Hall Carpet Replacement Project and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 388-11 Approving the plans, specifications, form of contract, and esti- mated cost for the Grand River Center Exhibit Hall Carpet Replacement Project. Seconded by Braig. Motion carried 7-0. Old Main Urban Revitalization Area Plan: Proof of publi- cation on notice of public hearing to consider an amend- ment to the Old Main Urban Revitalization Area Plan and the City Manager recommend- ing approval. Correspondence from the Long Range Planning Commission recommending appro- val of the Old Main Urban Revitalization Area Plan and finding that it is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 50-11 Amending the existing Old Main Urban Revitalization Area Plan pursuant to Chapter 404 of the Code of Iowa. Second- ed by Jones. Motion carried 7-0. University of Dubuque Geothermal Line - Bennett Street Ease- ment: Proof of publi- cation on notice of public hearing to consider granting an easement under Ben- nett Street to accom- modate the geothermal system for the University of Dubuque Performing Arts Center and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 389-11 Granting easement for private utility to University of Dubuque for an underlying por- Con- mager duling m the .,enter sas to is later 10, Braig' 'e the sche- )n for 2011. hors. BER !mber In the al of er 26. rorted ce at itional Cities ,oenix, the est in ustain- during 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: November 30, 2011, and for which the charge is $347.48. the sessions he facilitated. There being no further business, upon motion the City Council adjourned at 8:44 p.m. Kevin S. Firnstahl City Clerk It 11/30 (.7,4 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /,a,- day of , 20 // . Notary Public in and for Dubuque County, Iowa. MARY K. WE;31 ERM._ . CommiG1ion r,l urrl'lr .:dt Pr Present: Mayor Buol Council Members Kraig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to conduct a work session on the Family Self -Sufficiency Program. WORK SESSION Family Self - Sufficiency Program Housing and Com- munity Development Director David Harris introduced staff members Carroll Clark, Erica Haugen, and Ermina Soler who provided a slide presentation on the Family Self -Sufficiency Experience, • the Bridges Initiative (Bridges Out of Poverty, Getting Ahead and Circles). Topics discussed included: Family Self -Suffi- ciency Experience •family responsibil- ities •Program coordinator responsibilities . •Section 8 Voucher partiCipation; contracts and case management •Program initiatives, education and employ- ment outcomes Bridges Initiative •Bridges Out of Poverty; training pro- grams, funding sustain - ability, continuing edu- cation and employ- ment success out- comes •Getting Ahead *Program initiatives, education and employment success outcomes and graduation •Circles *Program history, initiatives, demogra- phics and success outcomes Measuring changes in social equity and real - life impact Resources, partner- ships, case studies, and reporting mea- sures There being no further business, upon motion the City Council adjourned at 5:38 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 21, 2011 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before Council. PLEDGE OF ALLEGIANCE INVOCATION Major Tom Mason, Salvation Army SWEARING IN Fourth Ward City Council Member Lynn Sutton Mayor Buol presented the Individual -Career Award from the Iowa Emergency Medical Services Association (IEMSA) to Fire Captain Roger Wernimont. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. • Minutes and Reports Submitted: Airport Commission of 9/12, Cable Teleprogram- ming Commission 9/6, City Council Proceed- ings of 11/7, Historic Preservation Commis- sion Education Task Force of 11/2, Housing Code Appeals Board of 7/19, Housing Com- mission of 9/27, Park and Recreation Com- mission of 10/11, Zoning Advisory Com- mission of 11/2, Zoning Board of Adjustment of 10/27 Library Board of Trustees Update from Meeting of October 27, 2011 Upon motion the documents were received and filed. Notice of Claims/ Suits: Jason Duggan for vehicle damage, Christina Forsythe for vehicle damage, Roger Ruh for vehicle damage, Betty Tigges for property damage. 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 to negotiate ana enter into an agreement with Multivista. Upon mo- tion the documents were received, filed, and approved. • H1B. Technical Skills Training Grant - Letter of Support: City Mana- ger transmitting cor- respondence in sup- port of Skill Up: Up- skilling IT in Iowa & Wisconsin proposal submitted by North- east Iowa Community College in response to the H1B Technical Skills Training Grants program. Upon motion the documents were received, filed, and approved. ABC Supply - Amend- ment to Lease Agree- ment: City Manager recommending appro- val of the First Amendment to the lease agreement with American Builders and Contractor's Supply Company, Inc. (ABC Supply). Upon motion the documents were received and filed and Resolution No. 375-11 Approving a - First Amendment to the lease agreement between the City of Dubuque, Iowa, and American Builders and Contractor's Supply Co.,. Inc. (ABC Supply) was adopted. Voluntary Dental Plan - Acceptance of Renewal Rates: City Manager recommending appro- val of the premiums for the dental plan, which are paid by the employee. Upon mo- tion the documents were received, filed, and approved. Delinquent Water, Sewer, Storm Water, and Refuse Assess- ments: City Manager recommending appro- val to certify delinquent water, sewer, storm water and refuse charges to •the Dubuque County Treasurer in order to establish real property liens for collection of such charges. ,Upon motion the documents were received and filed and Resolution No. 376- 11 Adopting the Schedule of Assess- ments for delinquent water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. Drug Abuse Re- sistance Education (DARE): City Manager recommending appro- val of the 2011/2012 Drug Abuse Resistance Education (DARE) agreement between the City of Dubuque Police Department and the Dubuque Commun- ity School District. Upon motion the documents were received, filed, and approved. Plat of Survey - J.J. Kemp Place: Zoning Advisory Commission recommending appro- val of the Plat of Survey of J.J. Kemp Place (408 Hill Street) as requested by James R. and Jo A. Edwards. Upon motion the documents were received and filed and Resolution No. 350-11 Approving the Plat of Survey of J.J. Kemp Place in the City of Dubuque, Iowa, was adopted. Plat of Survey - McNamer Acres #3: Zoning Advisory Com- mission recommending approval of the Plat of Survey of McNamer Acres #3 (west end of Manson. Road) as requested by Marty McNamer. Upon mo- tion the documents were received and filed and Resolution No. 378- 11 Approving the Plat of Survey of McNamer Acres #3 in the City of Dubuque, Iowa, was adopted. Final Plat - Knepper Addition: Zoning Advisory Commission recommending appro- val of the Final Plat of Knepper Addition (1834 Creek Wood Drive) as requested by Buesing & Associates. Upon motion the documents were received and filed and Resolution No. 379- 11 Approving the Final Plat of Knepper Addition in the City of Dubuque, Iowa, was adopted. Mines of Spain - Resource Enhancement and Protection (REAP) Grant City Manager recommending appro- val of the Resource Enhancement and Protection (REAP) grant agreement with the Iowa Department of Natural Resources for $200,000 in funds to be used toward acquisition of 52.19 acres adjacent to the E.B. Lyons Interpretive Center and the Mines i received filed, and approved. Iowa League of Cities - Audit Committee: City Manager submitting correspondence that Finance Director Ken TeKippe will be serving on the Iowa League of Cities' Audit Commit- tee. Upon motion the documents were received, filed, and approved. 2011 Sewer Cured -in - Place Pipe (CIPP) Lining Project: City Manager recommend- . ing acceptance of the construction contract for the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project as completed by Visu- Sewer, Inc., in the final contract amount of $94,363.75. Upon mo- tion the documents were received and filed and Resolution No. 381- 11 Accepting the 2011 Sewer Cured -in -Place Pipe (CIPP) Lining Project and authorizing the payment of the contract amount to the contractor was adopted. Dubuque Audubon Society - Letter of Support: City Manager transmitting correspon- dence from the Dubuque Audubon Society in support of the proposed Over- looks and Floating Island enhancements for the Lower Bee Branch Creek Restor- ation Project. Upon motion the documents were received and • filed. Cottingham'& Butler, Inc., Amendments to CEBA and Enterprise Zone Agreements: City Manager recommend- ing amendments to the CEBA and Enterprise Zone Agreements for Cottingham & Butler, Inc. Upon motion the documents were rece- ived and filed and Resolution No. 382-11 Authorizing the Ap- proval of an amend- ment to the CEBA and Enterprise Zone Agree- ments with Cottingham & Butler, Inc., was adopted. Mediacom Communi- cations: Communi- cation from Lee Grassley, Senior Mana- ger of Government Relations for Media- com Communications Company, informing the City of rate adjustments. Upon mo- tion the documents were received and filed. Creek Wood Park - Alliant Energy Grant Application: City Man- ager recommending approval to apply for an Alliant Energy Foundation grant for development of Creek Wood Park. Upon motion the documents were received, filed, and approved. Bee Branch Creek Restoration Project - Acquisition of Lot 351: City Manager recom- mending the acquisi- tion of the W '/z and E Vz tot 351 East - Dubuque Addition (Junnie & Rich's Coin Partnership) through the process of eminent domain at the appraised value of $66,950 for the Bee Branch Creek Restor- ation Project. Upon motion the documents were received and filed and Resolution No. 383- 11 Authorizing the acquisition by eminent domain of certain real property owned by Junnie & Rich's Coin Partnership in the City of Dubuque, Iowa, was adopted. Property Acquisition of Excess County Parcels: City Manager recommending acquisi- tion of five excess parcels that the Dubuque County Trea- surer is disposing of. Upon motion the documents were received, filed, and approved. Abstract of Votes: Dubuque County Board of Supervisors submit- ting the Abstract of Votes for the General Election held the 8th day of November, 2011. Upon motion the. documents were received and filed. Signed Contracts: A) Contract with Mark Fondell Excavating, Inc., for demolition of 2263 and 2275 Elm Street; B) 2011-2012 Americorps Grant Application; C) IBM FOAK Agreement Change Request- Form. Upon motion the documents were received and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No.384- 11 Granting the ssuance of a Class "C" Resolution No. 386-11 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,000,000 General Obligation Bonds (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal Building. General Obligation Urban Renewal Bonds: City Manager recom- mending setting a public hearing for December 5, 2011 on the proposition of selling not to exceed $5,000,000 in General Obligation Urban Renewal Bonds for Greater Downtown Improvements. Upon motion the documents were received and filed and Resolution No. 387- 11 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,000,000 .General Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 600 p.m. on December 5, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments to the following Boards/Com- missions: Environmental Stew- ardship Advisory Com- mission: One 3-year term through October 1, 2014 (expired term of Cawley). Applicant: Wayne Klostermann, 2636 Queen Street; and Julie Beck, 1390 Glen Oak (Additional Appli- cant). Upon roll call vote of 4-3, Wayne Klostermann was appointed to the EnvironmentalSteward- ship Advisory Commis- sion for a 3-year term through October 1, 2014. Sutton, Braig and Resnick voting for Beck. Human Rights Com- mission: One 3-year term through January 1, 2014 (vacant term of Gloss). Applicants: Nickie Blume, 2523 Washington Street; and Miguel Jackson, 631 University Avenue. Upon roll call vote of 5- 2, Miguel Jackson was appointed to the Human Rights Commis- sion for a 3-year term through January 2014. Lynch and Resnick voting for Blume. Zoning Advisory Comfnission: One 3- year term through July 1, 2013 (vacant term of Stiles). Applicant: Eu- gene Bird, Jr., 3357 Arrowwood Lane. Motion by Braig to appoint Eugene Bird to the Zoning Advisory Commission for a 3- year term through July 2, 2013. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Request to Amend Planned Unit Devel- opment - Asbury Plaza: Zoning Advisory Com- mission recommending approval to amend the Asbury Plaza Planned Unit Development to allow for a right- in/right-out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. City Manager recom- mending additional amendments to the Asbury Plaza Planned Unit Development. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request .to amend the Planned Unit Development for Asbury Plaza be tabled to December 19, 2011. Motion by Connors to receive and file the documents and table to December 19, 2011 a proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by rescinding Ordinances 4-96, 44-99, 97-02, 41-03, 51-05 and 65-06, which estab- lished regulations for Asbury Plaza, a planned unit develop- ment with a Planned Commercial Desig- nation, located at .the northwest corner of Highway 32 and Asbury Road and now being amended to allow vehicle sales and vehicle service or repair as permitted uses and amend regulations for signage and building height. Seconded by Braig. Motion carried 7-0. Wildnest Lane, spoke in favor of the proposed ordinance and addressed issues raised by property owners. Planning Ser- vices Manager Laura Carstens provided a staff report. Richard Cheney, 2270 Jaeger Drive, spoke in opposition to the proposed ordinance on behalf of area residents and cited increased traffic, the impact of proposed residential develop- ment, commercial property, the future Southwest Arterial, and detour issues. Table Mound Elemen- tary School Principal Brenda Mitchell spoke in opposition to the proposed ordinance and cited concerns related to the school and the presence of children. Motion car- ried 7-0. Grand River Center - Exhibit Hall Carpet Replacement Project: Proof of publication on notice of public hearing to consider approval of the plans and specifications for the Grand River Center Exhibit Hall Carpet Replacement Project and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 388-11 Approving the plans, specifications, form of contract, and esti- mated cost for the Grand River Center Exhibit Hall Carpet Replacement Project. Seconded by Braig. Motion carried 7-0. Old Main Urban Revitalization Area Plan: Proof of publi- cation on notice of public hearing to consider an amend- ment to the Old Main Urban Revitalization Area Plan and the City Manager recommend- ing approval. Correspondence from the Long Range Planning Commission recommending appro- val of the Old Main Urban Revitalization Area Plan and finding that it is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 50-11 Amending the existing Old Main Urban Revitalization Area Plan pursuant to Chapter 404 of the Code of Iowa. Second- ed by Jones. Motion carried 7-0. University of Dubuque Geothermal Line Bennett Street Ease- ment: Proof of publi- cation on notice of public hearing to consider granting an easement under Ben- nett Street to accom- modate the geothermal system for the University of Dubuque Performing Arts Center and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 389-11 Granting easement for private utility to University of Dubuque for an underlying por- tion of Bennett Street. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Multicultural Family Center - 2010-2011 Annual Report: Multi- cultural Family Center Director Tara Velez and Board President Gil Spence, to present the Center's 2010-2011 Annual Report. Motion by Connors to receive and file the infor- mation. Seconded by Jones. Ms. Velez introduced members of the Center's Board of Directors and provided a slide presentation on the mission, history and programs of the Multicultural Family. Center. Motion carried 7-0. Urban Mobility Coordinator: Motion by Jones to receive and file the. information. Seconded by Braig.. Director of Transit Operations Barbara Morck introduced Urban Mobility Coor- dinator Michelle Huse - man. Ms. Huseman provided information on her professional background. Motion carried 7-0. Neighborhood Watch s as to is later 10, 1t11/30 Braig' e the sche- )n for 2011. inors. BER imber in the al of er 26. sorted ce at itional Cities Joenix, the -est in ustain- during CUJ V U, I ICU at a.YY rl. Kevin S. Firnstahl City Clerk this Subscribed to before me, a Notary Public in and for Dubugi day o e_e_e,, -il , 20 // Notary Public in and for Dub 3iadllt�Ab ■• %66 1. Se MOI se sa3ea 6ZZ`6 L$ apBJl Je0 MOu JauMO L VO9ZLLN S a3I1NO H NVSSIN OIOZ 6L6`CL$ OOUOluan1100 pue 9dW Lzai9 6OZNll XIa1VW V10A01 OIOZ titi L`LZ$ epejl JeO Mau JOUMO VS9ZLLH AS 5'£ VWIXVW NVSSIN OIOZ Se O1b6`S I$ jOAOS JABS iOAUS bLlNll S 9'Z VWI11V NVSSIN 0 LOZ LZE`6Z$ 9LO`L£$ VOVN Zb£Ill# 9NIa0016-X3 VOZVW l l0Z 90L`9L$ epcij Je0 MOU JauMO I. VL9ZLLN aS 0'Z Va1N3S NVSSIN 0IOZ ES6`L L$ O99'911 VOVN VL9OZLN# +100S VIX l lOZ �1 3 ass l*6`L L$ WOJI °spoil° Oj 4ueNJ Z8LHll S10 VIVNOS IVONOAH l LOZ 686`L L$ spuesnoyl Ones L8LHll S19 VIVNOS IVONOAH I. 10Z ,.r °a A Program - Safe Com- munity Task Force Recommendation: City Manager transmitting information regarding the Neighborhood Watch Program as recommended by the Safe Community Task Force. Motion by Lynch to receive and file the information and ap- prove the recommen- dation. Seconded by Braig. Motion carried 7-0. City Hall HVAC Improvements Project: City Manager recom- mending award of the contract to the low bidder, Tri-Con Con- struction, in the amount of $684,323, which includes the base bid for $669,451 and Alternates 2 and 4. Motion by Braig to receive and file the information and adopt Resolution No. 390-11 Awarding the public improvement contract for the City Hall HVAC System Improvements Project. Seconded by Jones. Motion carried 7-0. Request for Proposal - Automated Red Light and Speed Camera Enforcement Program: City Manager recom- mending implementa- tion of a Red Light and Speed Camera Enforce- ment Program and the issuance of a Request for Proposals to select a vendor. Restated motion by Jones to receive and file the documents, approve the issuance of the Request for Proposals and schedule a work session on the topic for January 30, 2011. Seconded by Connors. Extensive discussion by the City Council included con-cerns over the need for safety, requesting — more research and input from staff and citizens, the relation- ship to the Council's goals and priorities, and the program process. Responding to questions from the City Council, City Manager Van Milligen stated that the Council would have three to four additional opportuni- ties to review and vote on the recommen- dation. Motion carried 5-2 with Braig and Resnick voting nay. Family Self -Suffi- ciency - Program Coor- dinator: City Manager recommending funding of $26,853 be provided in the current fiscal year to continue the second Family Self - Sufficiency Coordin- ator position. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 7-0. Central Avenue - Two - Hour Parking: City Manager recommend- ing approval of an ordinance to remove the two-hour parking on the east side of Central Avenue from East 24th Street to a point approximately 225 ft. south of East 24th Street. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be consi- dered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 51-11 Amending section 9-14-321.602(C) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by deleting certain portions of Central Avenue. Seconded by Braig. Motion carried 7-0. Proposed Contract with Nancy Richard- son: City Manager recommending the City enter into an agree- ment with former Iowa Department of Trans- portation Director Nancy Richardson to provide advocacy ser- vices related to federal transportation policy and funding. Motion by Connors to receive and file the documents and approvethe recommen- dation. Seconded by Braig. Motion carried 7-0. Request for Work Session - Intermodal Ell Center Design Con- cepts: City Manager requesting scheduling a work session on the Intermodal Center design concepts as soon as a_ date is available, but no later than December 10, 2011. Motion by Braig to receive and file the documents and sche- dule a work session for December 5, 2011. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Sutton reported on the upcoming Festival of Trees on November 26. Mayor Buol reported on his attendance at the recent National League of Cities Conference in Phoenix, Arizona, and the amount of interest in Dubuque's sustain - ability efforts during 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: November 30, 2011, and for which the charge is $347.48. the sessions he facilitated. There being no further business, upon motion the City Council adjourned at 8:44 p.m. Kevin S. Firnstahl City Clerk It 11/30 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ,, - day of .e , 20 // . Notary Public in and for Dubuque County, Iowa. ;t'AnY K. VIESTE'3ac J rm•