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Proof of Publication City Council 11 19 07Communities Assur- e Pool: Eileen Geraghty personal injury; Wesley Heimke for property cage; Latanji Threadgill personal injury. Upon ion the documents e received and filed, concurred. eras College Pedestrian Ige: City Manager rec- nending approval of an vocable license in re- use to a request from ies E. Collins, Presi- [ of Loras College, to i a pedestrian bridge Cox Street. Upon mo- the documents were jived, filed, and ap- ibuque Community Ice Recreation Center, Communication from Woodward, President ibuque Community Ice Recreation Center, requesting financial stance from the City in port of their Vision lo- Community Attraction Tourism (CAT) Pro- ~ grant application. n motion the docu- ts were received, filed, referred to the City itizen Communications: munication from Nick n, 2918 Arabian' Trail, - nesting that the speed t on Carter Road from e Street to 32nd Street changed to 35 miles hour. munication from John lahan regarding staffing cerns at the 911 Cen- Upon motion the uments were received, and referred to the newal Rates for Volun- Dental Plan: City Man- r recommending ap- val of the renewal rates the City's voluntary tal plan. Upon motion documents were re- ed, filed, and ap- ved. rug Awareness Resist- e Education (DARE) tract: City Manager mmending approval of 2007/2008 DARE con- t between, the City of uque, the Dubuque munity Schools and Holy Family Catholic Dols. Upon motion the uments were received, ,and approved. otice of Voluntary Set- ent: Communication the Board of Review ising of the Voluntary lement Agreement with iacom Communica- s Corporation regard- their property tax as- ment appeal. Upon 'on the documents received and filed. Stipulation of Settle- e ocuments were re- ceived and filed and Reso- lution No. 547-07 Accept- ing improvement and Res- olution No. 548-07 Ap- proving final estimate were adopted. PEG Capital Grant Ex- penditures: City Manager recommending approval of two requests for funding from the Capital Grant for Access Equipment and Fa- cilities. Upon motion the documents were received, filed, and approved. General Obligation Bonds - Series 2007A: City Man- ager recommending ap- proval of the final action necessary for the issuance of the General Obligation Bonds -Series 2007A in support of stormwater projects. Upon motion the documents were received and filed and Resolution No. 549-07 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Regis- trar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agree- ment and authorizing the execution of the Agree- ment; and Resolution No. 550-07 Authorizing and providing for the issuance of $1,055,000 General Ob- ligation Bonds, Series 2007A, and levying a tax to pay said bonds were adopted. General Obligation Re- funding Bonds - Series 20078: City Manager rec- ommending approval of the final action necessary for the issuance of the General Obligation Re- funding Bonds - Series 20078. Upon motion the documents were received and filed and Resolution No. 551-07 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Regis- trar, and Transfer Agent and approving the Paying Agent and Bond Registrar and Transfer Agent Agree- ment and authorizing ~ the execution of the Agree- ment; Resolution No. 552- 07 Authorizing and provid- ing for the issuance of $2,965,000 General Obli- gation Refunding Bonds, Series 20078, and levying a tax to pay said bonds; and Resolution No. 553-07 Authorizing the redemption of the outstanding General Obligation Bonds, Series 2000C, dated November 1, 2000, of the City of Dubu- que, Iowa, and directing notice of redemption were adopted. Terminal Street Pumping Motion by Michalski for final consideration and passage of Ordinance No. 58-07 Amending Ordi- nance No. 57-07 Amend- ing Appendix A, the Zon- ing Ordinance, of the City of Dubuque Code of Ordi- nances, by adopting a new Section 4-8.4 Establishing a Moratorium on the Use of Certain Property as an Adult Entertainment Estab- lishment. Seconded by Connors. Motion carried 6- 0. Pennsylvania Avenue - Speed Reduction and Lane Modification: City Manager recommending approval of changes to the traffic conditions in the Pennsylvania Avenue, from John F. Kennedy Road to the Northwest Arterial, cor- ridor. Motion by Jones to receive and file the docu- ments and that the re- quirement that a proposed ordinance lie considered and voted on for passage at two Council meetings prior to the meeting ' at which it is to be passed be suspended. Seconded by Connors. Cline referenced City Engineer Gus Psihoyos' memo that his department is in the proc- ess of collecting informa- tion and reviewing other intersections within the City. Michalski asked rep- resentatives of the Dubu- que Community School District what Hempstead High School is planning and what they see their role as in correcting this is- sue. Kris Hall of the Dubu- que Community School District said that the Dis- trict is taking this very seri- ously and they will provide information on what plan is in place and what is plan- ned for the future. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 59-07 Amending the City of Du- buque Code of Ordinances Chapter 32 Motor Vehicles and Traffic by revising Section 32-321.285(c) Lim- its Generally, reducing the speed limit on Pennsylva- nia Avenue in the vicinity of Stephen Hempstead High School during the ac- tivation of yellow flashing lights. Seconded by Braig. Motion carried 6-0. Mayor Buol, via tele- phone, left the meeting at 7:02 p.m. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to re- ceive and file the docu- ments, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed Elm Street from R-2A Al- ternate Two-Family Resi- dential District to OR Of- fice Residential District. Michelle Mihalakis spoke in support of the ordinance and reviewed the benefits to the community and project details, which will include additional street lighting and exterior secur- ity cameras. Planning Services Manager Laura Carstens provided a staff STATE OF report. Motion carried 5-0. Medical Associates Clinic / Robert Hartig -Planned ~ ~T T~T T ^ ~E U U ( ' Unit Development District ~[ (PUD) Amendment: Com- munication from Bob. Har- tig, Director of Facilities - Medical Associates re- IOWA {SS: COUNTY questing that this item be CERTIFICATION OF PUBLICATION tabled to December 17, 2007. Proof of publication on notice of public hearing to consider a request from Medical Associates Clinic / Robert Hartig to amend I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc., the existing Associates an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general Park Planned Unit Devel- opment (PUD) District to circulation ublished in the City of Dubuque, County of Dubuque and State of designate a portioh of the p existing greenway buffer Iowa• hereby certify that the attached notice was published in said newspaper on for business use and Zon- , ing Advisory Commission the followin dates: November 28, 2007, and for which the charge is $230.60. recommending denial. g Communication from Kathleen R. Kelley, 3836 Cora Drive, in opposition to the proposed amend- ' ment to the Associates Park Planned Unit Devel- _,, opment District. Motion by Connors to re- + i I ceive and file the docu- ( ~ v ~ ; c c_, ~, ments and refer issue back to the Zoning Advisory Commission for further re- - " view. Seconded by Jones. Connors said that the Council had learned of a Zoning Advisory Commis- sion member visiting the site with the developer at the invitation of the prop- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, erty owner, which may have potentially skewed th1S _~ y 20 the Commission's vote. °2 da Of <~d~Tl , O Since this issue is a quasi- judicial matter, she recom- mends sending the entire issue back to the Zoning Commission and give all the Commissioners the op- portunity to visit the site, after which the Commis- sion should discuss, re- view, and revote before re- submitting to the City Council. Motion carried 5- 0. Residential Parking Per- mit District: Proof on publi- cation of notice of public hearing to consider amending Residential Parking Permit District A by excluding from it that section of Grace Street from McCormick Street to a point 270 feet east of McCormick Street and City Manager recommending Notary Public in and for Dubuque County, Iowa. .,r 8M x;ts fiat soli aW ieS 4~ CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDIN(ii$ " The Dubuque City Co cil met in regular at 6:30 p.m. on Novem 19, 2007, in the Hilt Federal Building. Present: Ma Pro-T Cline, Mayor Buol Telephone) Council M hers Braig, Jones, Lynch, M(chals City Manager Van MlNige City Attorney l.indahi Absent: Council Mem Kevin Lynch Mayor Pro-Tem Cli read the call and slat this was a regular sessio of the Dubuque City Coun cil called for the pu of discussing such matt which may properly before City Council Invocation was prov' by Dr. Ken Bickel. Fi Presentation by Brady and David Colen o the United States Poe Inspection Service to Fi Chief Dan Brown and P ice Chief Kim Wadding i ppreciation of su om the Dubuque Pol' nd Fire Departments ell as the t]uad Cities Dinh Squad. CONSENIT ITEMS Motion by Connors to re- eive and file the docu- ents and dispose of as dk:ated. Seconded raig. Planning Serves onager Laura Carstens equested (#23) Compre- ssive Bluff Plar- be held r separate dissuasion. otion carried 6-0. Minutes and Reports ubmitted: City Council of • 1/5, 11/8 and U1/9; Hu- an Rights Conrni~ion of 0/8; Transit Board of 13; Zoning Advisory ommission of 11/7; Zon- g Board of Adjustment of /25. Upon motion the currents were received d filed. Notice of Ck;ums/Suits: reg Droessler for vehicle mage; Eileen Geraghty r personal injury. Upon lion the documents re received, filed, and erred to the City Attor- Y- City Attorney advising t the folloNnn4p] claims ve been refermr3 fn PI rh_ r re rrnrv rluur exNenaiuu Project as completed by Klauer Development Cor- poration, in the final con- tract amount of $63,429. Upon motion the docu- ments were received and filed and Resolution No. 543-07 Accepting the Third Floor Expansion Project and authorizing payment to the contractor was adopted. ENSR Monitoring Wells: City Manager recommend- ing approval of a .request from ENSR Corporation to ~-• install two monitoring wells session in the City right-of-way of her Salina Street, south of oric Railroad Avenue. Upon motion the documents em were received, filed, and (Yin approved. ~- Plat of Survey - LT Connors, Kutsch Place: Zoning Ad- kil visory Commission recom- n: mending approval of the ~ Plat of Survey of Lots 1 and 2 of LT Kutsch Place and Lot 1 of LT Kutsch ne Place No. 2 located near ~ North Grandview Avenue n as requested by Bussing - and Associates/Dr. Leo- rPose Hard Kutsch. Upon motion ers the documents were re- corne ceived and filed and Reso- lution No. 544-07 Approv- xted ing the Plat of Survey of LT -~ Kutsch Place was adopt- ed. ~~ Trolley Line Trail: City f Manager recommending ~ approval of the Fiscal Year 2008 REAP Grant Agree- fe meet with the Iowa De- o- pertinent of Natural Re- n sources for construction of PPort the Trolley Line Trail at Ea- ~ce gle Point Park. Upon mo- ~ lion the documents were received and filed and Resolution No. 545-07 Au- thorizing a REAP Grant Agreement with the Iowa Department of Natural Re- sources for the Trolley Line Trail was adopted. Downtown Rehabilitation Loan Agreement: City Manager recommending approval of a loan agree- ment for a Downtown Re- habilitation Loan to sup- port Cottingham and But- ler's rehabilitation of the Security Building on Main Street. Upon motion the documents were received and filed and Resolution No. 546-07 Authorizing ex- ecution of a Downtown I Rehabilitation Loan, Fagade Grant and Design Grant to Cottingham and li Butler's Security Building t renovation project was adopted. fi Valentine Park Restroom t Project: City Manager rec- ommending acceptance of c the Valentine Park Rest- f room Project as completed by Mike Strub Construc- ~- n, Ino., in the final con _ p r;uvlsury wnnnnree iur r~- view at the November 26, 2007 City Council work session. Motion by Connors to receive and file the documents. Seconded by Jones. Planning Serv- ices Manager Laura Carstens spoke on behalf of the Zoning Advisory Commission, who request- ed direction for the No- vember 26 work session in terms of format and the Commission's role at the work session. Upon dis- cussion, Council deferred to the City Manager who suggested that the Zoning Advisory Commission make a presentation at the work session after which the Council may ask ques- tions and provide input to the Commission. Motion carried 6-0. Business Licenses: City Manager recommending approval of annual liquor license renewals as sub- mitted. Upon motion the documents were received and filed, and Resolution No. 554-07 Granting the issuance of a Class "B" Beer Permit to Big 10 Mart and Kwik Stop Food Mart and Resolution No. 555-07 Granting the issuance of a Class "B" (Hotel/Motel) liquor License to Grand Harbor Resort and Water Park; Class "C" Beer/Liq- uor License to Jumpers Sports Bar and Grill, Aragon Tap, Point Restau- rant and Yen Chin Restau- rant; Special Class "C' Liquor License to Dubuque Family Restaurant and Cookie Something Up; and Class "B" Wine Permit to Cookie Something Up were adopted. Motion by Braig for Council to act upon Action Item #5 (Adult Entertain- ment Moratorium) and Ac- tion Item #4 (Pennsylvania Avenue Speed Reduction and Lane Modification) be- fore continuing with Items to be set for Public Hear- ing. Seconded by Jones. Motion carried 6-0. ACTION ITEMS Adult Entertainment Mora- torium: City Attorney rec- ommending approval of an amendment to Ordinance No. 57-07 prohibiting new adult entertainment estab- ishments within a certain distance of other existing adult entertainment estab- shments during the mora- orium period. Motion by Michalski to receive and le the documents and hat the requirement that a proposed ordinance be f onsidered and voted on or passage at two Council i meetings prior to the meeting at which it is to be eased be suspended. n vii vi Ice nuiy vrvnou uy Kress Industrial Facili was adopted setting public hearing for a meet ing to commence at 6: p.m. on December 17 2007, in the Historic Fed eral Building. Motion car ried 5-0. Upon motion the rule were suspended allowing anyone to address the City Council. PUBLIC HEARINGS Development Agreement - Medline Industries, Inc.: Proof of publication on no- tice of public hearing to consider approval of a De- velopment Agreement with Medline Industries, Inc. and disposition of approxi- mately 10.43 acres in Du- buque Industrial Center West. Motion by Michalski to receive and filed the documents and adopt Resolution No. 558-07 Ap- proving a Development Agreement providing for the sale of 10.43 acres in the Dubuque Industrial Center West to Medline In- dustries, Inc. Seconded by Jones. Van Milligen ac- knowledged the Medline staff in attendance. Great- er Dubuque Development Corporation Vice President for Existing Business Dan McDonald reviewed the positive statistics and track record of Medline In- dustries and stated sup- port for the development agreement. Renee Poppe, Director of Customer Serv- ice at Medline Industries thanked the Council for their support. Motion car- ried 5-0. 2160 Elm Street - Re- quest to Rezone: Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone prop- erty located at 2160 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Resi- dential District and Zoning Advisory Commission rec- ommending approval. Communication from Kathleen M. Davis, 2105 ~h Kniest Street, in support of the proposed rezoning of 2160 Elm Street. Communication from John Curtis, Chair, and members of the Envision Committee on Mental Health and Substance Abuse, in support of the proposed 18-unit SRO project at 2160 Elm Street. Motion by Michalski to re- ceive and file the docu- ments and approve the first reading of the pro- posed ordinance Amend- ng Appendix A (the Zoning r finance) of the City of Dubuque Code of Ordi- ances by reraassifvinn JU VUIVIJIVII VI WUl LVl IY ty in the City ~ Dubuque a Dubuque County Iowa Seconded by Jones. M 30 lion carried 5-0. jrunswick Street and Ad - jacent Alley -Vacating P - tition: Proof of pubRcati on notice of public heart s to consider a request fr Esther J. Thorne to vat a portion of Brunswk: Street south of LeMrth Street and the north portion of an alley west Balks Street south of Low- ther Street and City Man- ager recommending ap- proval. • Motion Michalski to receive and file the documents and adopt Resolution No. 562- 07 Approving plat of pro- posed vacated portion of Brunswick Street south of Lowther Street and the leytw~t of ~Balke aStreet south of Lowther Street, Resolution No. 563-07 Va- cating aportion of Bruns- wick Street south of Low- ther Street and the north- erly portion of an alley west of Balks Street south of Lowther Street, and Resolution No. 564-07 Dis- postng of City interest in Lot 49-A and Lot 66-A of Belmont Addition in the City of Dubuque, Du ue County, Iowa. Seconded 0 Braig. Motion carried 5- Five Flags HVAC and Promenade Roof Replace- ment Project: Proof of publication on .notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replacement Project and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopptt Resolution No. 565- 07 Approving Plans, apecl- fications, form of contract, and estimated cost for the Five Flags HVAC and Promenade Roof Replace- ment Project. Seconded by Connors. Motion car- ried 5-0. Upon motion the rules were reinstated limiting discussion to the City Council. ,ACTION ITEMS Illy ~JFlr VY4 PI„611V- meets to Chapter 27, Hu- man Relations, of the Cily o- of Dubuque Code of Ordi- nances tq conform to re- - centy amended state law. e- Motion by Michalski to re- on ceive and file the docu- ng meets and to approve the om first reeding on an ordi- e Hance AmendUrp the City k of Dubuque Code of Ordi- er nanc~s Chapter 27 Human erfy Relators, Section 27_1 of Definitions bY' adding a new definition for 'Gender Identity and deleting the definiton of 'Religious Ed-• ucatidrt Institution`; amending Section 27-51 Aiding. or Abetting: Prohib- ifingg Aiding or Abetting Unfair or Discriminatory Practices Based. on Gen- der IdenY amending Section 271, ,Prohibited Practices Relating to Un- fair or Discriminatory Prec- . tires relating to Public Ac- Commodationa Based on Gender fdertYtty; Amending SecNwi 27-7i Prohbited Practices Relating to Un- fair or Discximinatory Prx- tires in Empk>yment Based on Gender ident~y; amending Chapter 27-~2 Exemptions Relating to Unfair or Discriminatory Practices in Certain Con- '- sumer Credit Transactions 'Based on Sexual .Orients- j tion or Gender Identity; amending Section 27-101 Prohibited Practices; Ex- ceptions Relating to Unfair or Discriminatory.Practices by Educational Institutions Based on Gender Identity; amending Section ~7-131 Prohibitions Relating to Discrimination in the Sale or Rent of a Dwelling based on Gender Identity; amending Section 27-132 Exemptions Exempting Certain Religious Organi- zations from Certajn Con- duct Based on Gender Identity; amending Section 27-133 Discrimination in Residential Real Estate- Related Transactions Re- lating to _Discrimination in Certain Real Estate- Related Transactions Based on Gender Identity; amending Section 27-134 IAscnminatan in Provision of Brokerage Services Re- lating to the Denial of cer- tain Brokerage Services Based on Gender Identity; .,,,a,J,., r~NVr.a.. ,,,, „~, attenderx:e at the recent National League of Cities , Confererxe m New Or- f leans, The message she . teamed from, their city leaders was to have a dis- ; prepared ~anbgute b~ quickly. A disaster plan is more a way of thinking. The most important ele- ments folbwing a disaster were water, power/genera- tors, and fuel. PUBLIC INPUT Lee Andre, 1175 High- land spoke in opposition of aduk entertainment estab- lishments and urged Council to reconsider their attitude toward these types of businesses. Jennifer Nye, .3303 Oakland, Auafin, Minneso- to spoke in support of adult entertainment estab- lishmenta. as a matter of free speech. There being no further business, upon motion the Cour-dl adjourned at 8:15 p.m. /s/ Kevin S. Fimstahl Assistant City Clerk it 11/28 ou •o/e 'sdn~y tipul 'Idde '1eteM'IaqueD OLId •t!B f OE'HOOII~H A813Td1110