Loading...
Proof of Publication City Council Proceedigns 12 15 08STATE OF IOWA {SS: DUBUQUE COUNTY ney advising that the fol- lowing claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Grand Opera House for property damage and Amanda Reynolds for vehi- cle damage. City Attorney recom- mending settlement of the claim of Irene Holz for property damage. Upon motion the docu- ments were received and filed and concurred. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the posi- tions of Foreman and Park Ranger. Upon motion the documents were received and filed and made a Mat- ter of Record. Five Flags Sidewalk Re- placement Project: City Manager recommending acceptance of the Five Flags Sidewalk and Light- ing Replacement Project • as completed by Portzen Construction, Inc., in the final contract amount of $232,158.83. Upon motion the documents were re- ceived and filed and Reso- lution No. 423-08 Accept- ing the Five Flags Sidewalk and Lighting Replacement Project and authorizing payment of the contract amount to the contractor was adopted. Fire Station No. 2, John F. Kennedy Road Parking Lot Reconstruction Proj- ect: City Manager recom- mending acceptance of the Fire Station No. 2, John F. Kennedy Road Parking Lot Reconstruc- tion Project as completed by Portzen Construction, Inc., in the final contract amount of $73,470.34. Upon motion the docu- ments were received and filed and Resolution No. 424-08 Accepting the Fire Station No. 2 - John F. Kennedy Road Parking Lot Reconstruction Project and authorizing payment of the contact amount to the contractor was adopt- ed. Timber-Hyrst Estates, Phase I - Acceptance: City Manager recommending acceptance of the public improvements which the developer, North Cascade Road Developers, LLC (NCR Developers), has re- cently •completed in Timber-Hyrst Estates. Upon motion the docu- ments were received and filed and Resolution No. 425-08 Accepting public improvements in Timber- Hyrst Estates was adopt- ed. Stone Brook Center Sec- ond Addition - Accept- ance: City Manager rec- ommending acceptance of the public improvements which the developer, NEZTROP, LLC has re- cently completed in Stone Brook Center Second Ad- dition. Upon motion the documents were received and filed and Resolution No. 426-08 Accepting public improvements in Stone Brook Center Sec- ond Addition was adopted. Eagle Valley Subdivision - Acceptance: City Manager recommending accept- ance of the public im- provements that the devel- oper, Fondell Excavating, Inc.. has recently complet- estate located at 510, 5101/2, and 512 Rhomberg Avenue, in the City of Du- buque, Iowa, was adopt- ed. Purchase of Property - 2290 Washington Street: City Manager recommend- ing approval of the pur- chase of a residential dwelling located at 2290 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 433-08 Approving the acquisition of real estate located at 2290 Washing- ton Street in the City of Dubuque, Iowa, was adopted. Administrative Services Fee Renewal - Flexible Spending Plan: City Man- ager recommending ap- proval of the renewal rates from Total Administrative Services Corporation (TASC) for administration of the City's flexible spending plan. Upon mo- tion the documents were received, filed, and ap proved. Human Rights Commis- sion Annual Report: Hu- man Rights Commission submitting the Annual Re- port for Fiscal Year 2008. Upon motion the docu- ment was received and filed. Alcohol Compliance - Civil Penalties for Alcoho License Holders: City Manager recommendinc approval of the Acknowledgement/Settle ment Agreements for first offense alcohol com• pliance violation for E Paisano Grocery Store anc Isabella's at the Ryar House. Upon motion the documents were received, filed, and approved. Citizen Communication: Communication from Jim and Anita Sullivan regard- ing the West 32nd Street Detention Basin. Upon motion the documents were received and filed and referred to the City Manager. Amendment to B & G Consulting, LLC Agree- ment: City Manager rec- ommending approval of an amendment to the consult- ing agreement with .B & G Development, • LLC foi identifying and marketinc City parcels or facilities tc New Market Tax Credi Community Developmen Entities. Upon motion the documents were received, filed, and approved. WS Live - Community Development Block Grant (CDBG) Loan Agreement: City Manager recommend- ing approval of a $375,000 forgivable loan request from WS Live, LLC for funding through the City's Community Development Block Grant (CDBG) Eco- nomic Development Loan Program to assist in the company's relocation to 131 W. 10th Street. Upon motion the documents were received and filed and Resolution No. 434-08 Authorizing a commitment letter and the execution of a Community Develop- ment Block Grant Loan of Three Hundred Seventy - Five Thousand Dollars ($375,000) to WS Live, LLC, was adopted. Interstate Building, LLLP 720 1 K AVAILABLE NOW! Finley area, 3 BR, water, no pets $425. 563-590-0290 GREAT WEST END •2 BR, $620 incl. heat, 02 BR $575 C/A Incl city util, prkg, appl, laun dry, no pets/smoke. 588-331( * GALLERY PROPERTIES Windsor Park Retirement Apts. 801 Davis at Windsor NO WAITING LIST !! Now renting 1 & 2 BR apts. Call 563-582-0646 1 BR Heat & Water Paid Downtown • 901 White St Section 8 OK • $450 EFFICIENCY H & W Paid 1338 Main • $325 563-580-0453 Reduced Deposit Special $250 1850 Ellis, Modern 1 BF air, Indry, community room storage, parking $36t EXEC MGT LTD 556-160t Lg 3 BR $550. 2 BR $500 Living rm, kitchen, parkins near college. 563-599-6702 fie K • FARLEY- CLEAN 1 BR appliances included. $300/mo. 563-599-8898 RENT 3 BR, Bryant area, $550. 691 1/2 Lorimar, exc. con( 563-543-6559; 563-582-7559 Swim ALL UTIL. PAID. LG 1 BR 14147 N Cascade Rd $471 Garage avail. 563-590-551e Service Directory CNAs WILL PROVIDE IN HOME ADULT CARE 12 years experience, grea references. 563-564-140E leave message Will provide care in rr torward to introouce trlem- selves and asked the City Clerk's Office to use stron- ger language when inform- ing applicants to be pres- ent. Motion carried 5-2 with Connors and Lynch voting nay. Motion by Connors to ap- point Terry Driskell to the Human Rights Commis- sion for a 3-year term through January 1, 2012. Seconded by Resnick. Motion carried 4-2 with 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: December 24, 2008, and for which the charge is $176.90. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a29 day of,t.emzt..„) , 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 my Comm Fn. FEB. 1, 2011 ney advising that the fol- lowing claims have been referred to Public Entity Risk Services of Iowa, the agent for- the Iowa Com- munities Assurance Pool: Grand Opera House for property damage and Amanda Reynolds for vehi- cle damage. City Attorney recom- mending settlement of the claim of Irene Holz for property damage. Upon motion the docu- ments were received and filed and concurred. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the posi- tions of Foreman and Park Ranger. Upon motion the documents were received and filed and made a Mat- ter of Record. Five Flags Sidewalk Re- placement Project: City Manager recommending acceptance of the Five Flags Sidewalk and Light- ing Replacement Project as completed by Portzen Construction, Inc., in the final contract amount of $232,158.83. Upon motion the documents were re- ceived and filed and Reso- lution No. 423-08 Accept- ing the Five Flags Sidewalk and Lighting Replacement Project and authorizing payment of the contract amount to the contractor was adopted. Fire Station No. 2, John F. Kennedy Road Parking Lot Reconstruction Proj- ect: City Manager recom- mending acceptance of the Fire Station No. 2, John F. Kennedy Road Parking Lot Reconstruc- tion Project as completed by Portzen Construction, Inc., in the final contract amount of $73,470.34. Upon motion the docu- ments were received and filed and Resolution No. 424-08 Accepting the Fire Station No. 2 - John F. Kennedy Road Parking Lot Reconstruction Project and authorizing payment of the contact amount to the contractor was adopt- ed. Timber-Hyrst Estates, Phase I - Acceptance: City Manager recommending acceptance of the public improvements which the developer, North Cascade Road Developers, LLC (NCR Developers), has re- cently completed in Timber-Hyrst Estates. Upon motion the docu- ments were received and filed and Resolution No. 425-08 Accepting public improvements in Timber- Hyrst Estates was adopt- ed. Stone Brook Center Sec- ond Addition - Accept- ance: City Manager rec- ommending acceptance of the public improvements which the developer, NEZTROP, LLC has re- cently completed in Stone Brook Center Second Ad- dition. Upon motion the documents were received and filed and Resolution No. 426-08 Accepting public improvements in Stone Brook Center Sec- ond Addition was adopted. Eagle Valley Subdivision - Acceptance: City Manager recommending accept- ance of the public im- provements that the devel- oper, Fondell Excavating, Inc., has recently complet- ed in Eagle Valley Subdivi- sion in the City of Dubu- que, Iowa. Upon motion the documents were re- ceived and filed and Reso- lution No.427-08 Accept- ing Public Improvements in Eagle Valley Subdivision was adopted. 2008 Weed Assess- ments: City Manager rec- ommending approval of the levy of special assess- ments for the second half of the 2008 Weed Enforce- ment Program in the total amount of $1,810. ,Upon motion the documents were received and filed and Resolution No. 428-08 Adopting the schedule of assessments for the sec- ond half of the 2008 Weed/Garbage/Junk En- forcement Program speci- fying the number of annual installments into which as- sessments are divided, the interest on all unpaid in- stallments, the time when the assessments are paya- ble and directing the clerk to certify the schedule of assessments to the Coun- ty Treasurer and to publish notice thereof was adopt- ed. Neighborhood Stabiliza- tion Program Funds: City Manager recommending royal of an application Autoy® s1 • 111111110111 • Brakes • • Fuel Injec • 4x4 Repa • Electrical • Compute • Front En We offer at c 402 W 17th Street, Di ECIAL $39.95 most vehicles •j e 4Auto Ce( (our One Stop Auto S estate located at 510, 5101/2, and 512 Rhomberg Avenue, in the City of Du- buque, Iowa; was adopt- ed. Purchase of Property - 2290 Washington Street: City Manager recommend- ing approval of the pur- chase of a residential dwelling located at 2290 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 433-08 Approving the acquisition of real estate located at 2290 Washing- ton Street in the City of Dubuque, Iowa, was adopted. Administrative Services Fee Renewal - Flexible Spending Plan: City Man- ager recommending ap- proval of the renewal rates from Total Administrative Services Corporation (TASC) for administration of the City's flexible spending plan. Upon mo- tion the documents were received, filed, and ap- proved. Human Rights Commis- sion Annual Report: Hu- man Rights Commission submitting the Annual Re- port for Fiscal Year 2008. Upon motion the docu- ment was received and filed. Alcohol Compliance - Civil Penalties for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settle- ment Agreements for a first offense alcohol com- pliance violation for El Paisano Grocery Store and Isabella's at the Ryan House. Upon motion the documents were received, filed, and approved. Citizen Communication: Communication from Jim and Anita Sullivan regard- ing the West 32nd Street Detention Basin. Upon motion the documents were received and filed and referred to the City Manager. Amendment to B & G Consulting, LLC Agree- ment: City Manager rec- ommending approval of an amendment to the consult- ing agreement with B & G Development, • LLC for identifying and marketing City parcels or facilities to New Market Tax Credit Community Development Entities. Upon motion the documents were received, filed, and approved. WS Live - Community Development Block Grant (CDBG) Loan Agreement: City Manager recommend- ing approval of a $375,000 forgivable loan request from WS Live, LLC for funding through the City's Community Development Block Grant (CDBG) Eco- nomic Development Loan Program to assist in the company's relocation to 131 W. 10th Street. Upon motion the documents were received and filed and Resolution No. 434-08 Authorizing a commitment letter and the execution of a Community Develop- ment Block Grant Loan of Three Hundred Seventy - Five Thousand Dollars ($375,000) to WS Live, LLC, was adopted. Interstate Building, LLLP and WS Live, LLC - First Amendment to Develop- ment - Agreement: City Manager recommending approval of the First Amendment to the Devel- opment Agreement with Interstate Building, LLLP and WS Live, LLC to re- flect changes in employ- ment numbers and that WS Live must be com- pletely out of their current facility by January 15, 2009. Upon motion the documents were received and filed and Resolution No. 435-08 Approving the first amendment to the In- terstate Building, LLLP and WS Live, LLC Develop- ment Agreement was adopted. West Side Annexation: Joint Motion: City Manager transmitting a letter from Asbury City Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting the vol- untary annexation of Sandwedge Subdivision to the City of Asbury. Upon motion the documents were received and filed. Dubuque Main Street, Ltd Program Agreement: City Manager recommending approval of a Program Agreement between Dubu- que Main Street, Ltd., the •City of Dubuque and the Iowa Department of Eco- nomic Development. Upon motion the documents were received and filed and Resolution No. 436-08 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. SRF Loan Agreement - West 32nd Street Deten- tion Basin: City Manager recommending approval of the suggested proceed- ings to complete the ac- tion required on the issu- ance of $2,000,000 Sewer Capital Loan Notes (State of Iowa Revolving Fund proved. Business License Appli- cations: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments ' were received and filed and Resolution No. 438-08 Granting the issu- ance of one new license to sell cigarettes to Diamond Jo Casino and Resolution No. 439-08 Granting the issuance of a Class "B" (Hotel/Motel) Liquor Li- cense to Holiday Inn Five Flags; Class "C" Beer/Liquor License to The White House, Mario's Ital- ian Restaurant, Pepper Sprouts, Bowling and Be- yond, The Moracco, Cue Masters Billiards, and In- stant Replay; a Class "B" Wine Permit to Diamond Jo, LLC; and a Class "WBN" (Native Wine) Per- mit to Engraved Gift Col- lection were adopted. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Housing Code Appeals Board: Two 3-year terms through January 11, 2012 (Terms of Durley and Newman). Applicants: Fred Miller, 2462 Central Ave- nue; and Paul Newman, 1895 Central Avenue, #3. Mr. Miller spoke in support of his appointment. Appointments to the fol- lowing Boards/Commis- sions: Historic Preservation Commission - Langworthy District Interim Commis- sioner: One 4-year term through July 1, 2011 (Term of Cleek). Applicant: Eli Licht, 1759 Vizaleea Drive. Motion by Lynch to ap- point Eli Licht to the His- toric Preservation Com- mission as an Interim Commissioner for the Langworthy Historic Dis- trict for a 4-year term through July 1, 2011. Seconded by Connors. Motion carried 7-0. Human Rights Commis- sion: Three 3-year terms through January 1, 2012 (Terms of Allen, Wilberding, Vanden Heuvel). Applicants: An- thony Allen, 575 Almond Street; Terry Driskell, 249 York Street; and Katrina Wilberding, 3715 Asbury Road. Motion by Jones to appoint Anthony Allen and Katrina Wilberding to the Human Rights Commis- sion for 3-year terms through January 1, 2012. Seconded by Voetberg. Jones stated that it is im- portant for applicants who are unknown to the City Council be present for the interview portion of the ap- pointment process. Voetberg concurred with Jones. Connors stated that many applicants are ap- pointed without coming forward to introduce them- selves and asked the City Clerk's Office to use stron- , ger language when inform- ing applicants to be pres- ent. Motion carried 5-2 with Connors and Lynch voting nay. Motion by Connors to ap- point Terry Driskell to the Human Rights Commis- sion for a 3-year term through January 1, 2012. Seconded by Resnick. Motion carried 4-2 with Voetberg and Braig voting nay and Jones voting present. Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of Chave- nelle and Twining). Appli- cants: Gail Chavenelle, 1155 Kelly Lane; and Con- nie Twining, 421 North Booth Street. Motion by Braig to appoint Gail Cha- venelle and Connie Twining to the Mediacom Charitable Foundation for 1-year terms through De- cember 31, 2009. Seconded by Connors. Motion carried 7-0. Transit Board of Trust- ees: One 3-year term through July 30, 2011 (Term of Davidson): Appli- cant: John Curtis, 1951 Al- ta Vista. Motion by Jones to appoint John Curtis to the Transit Board of Trust- ees for a 3-year term through July 30, 2011. Seconded by Braig. Mo- tion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - 6255 Pennsylvania Ave- nue: Proof of publication on notice of public hearing to consider a request from Dave and Tim Blake to rezone property located at 6255 Pennsylvania Avenue (west of Heacock Road and north of Pennsylvania Avenue) from AG Agricul- tural to AG Agricultural District with a RROD Rural Residential Overlay Desig- nation and Zoning Adviso- ry Commission recom- mending approval. Motion by Lynch 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 rently named David Court to Peach Tree Lane. Seconded by Connors. Motion carried 7-0. Community Foundation (Project HOPE) Contract: City Manager recommend- ing approval of an amend- ment to the contract for services with the Com- munity Foundation of Greater Dubuque for serv- ices relating to Project HOPE which extends the termination date until June 30, 2009, and modifies the scope of work. Motion by Connors to receive and file the documents and ap- prove the recommenda- tion. Seconded by Braig. Motion carried 7-0. Fiscal Year 2010 Budget Policy Guidelines: City Manager recommending approval of, the Budget Policy Guidelines for Fiscal Year 2010. Motion by Braig to receive and file the documents and ap- prove the recommenda- tion. Seconded by Voetberg. Jones objected to Guideline #10. Lynch congratulated staff on a fantastic job. Motion .car- ried 7-0. COUNCIL MEMBER REPORTS Braig inquired as to the status of the Trailways Bus Depot issue. Van Milligen stated that the City is look- ing at options at the Keyline Transit Office as well as exploring alterna- tive locations. He stated that a transition period may be needed. Resnick stated that he has obtained a quantity of information regarding green roofs like the one re- cently approved for the fire station. He said the tech- nology is unique and it is the right thing to do. CLOSED SESSION Motion by Lynch to go in- to closed session at 7:16 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Voetberg. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 7:39 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:40 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 12/24 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. Seconded by Connors. Motion carried 7-0. [J OLD IOW A Motion by Lynch for final l L i, 1 ♦ 1 consideration and passage of Ordinance No. 81-08 UQUE COUNTY Renaming the street cur- {SS: CERTIFICATION OF PUBLICATION le Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa on, publisher of the Telegraph Herald,a newspaper of general circulation 1 in the City of Dubuque, County of Dubuque and State of Iowa; hereby at the attached notice was published in said newspaper on the following ;cember 24, 2008, and for which the charge is $176.90. d to before me, a Notary Public in and for Dubuque County, Iowa, — day of eteontec , 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Exo. FEB, 1, 2011 filed and Resolu Ion Tlo. 424-08 Accepting the Fire Station No. 2 - John F. Kennedy Road Parking Lot Reconstruction Project and authorizing payment of the contact amount to the contractor was adopt- ed. Timber-Hyrst Estates, Phase I - Acceptance: City Manager recommending acceptance of the public improvements which the developer, North Cascade Road Developers, LLC (NCR Developers), has re- cently completed in Timber-Hyrst Estates. Upon motion the docu- ments were received and filed and Resolution No. 425-08 Accepting public improvements in Timber- Hyrst Estates was adopt- ed. Stone Brook Center Sec- ond Addition - Accept- ance: City Manager rec- ommending acceptance of the public improvements which the developer, NEZTROP, LLC has re- cently completed in Stone Brook Center Second Ad- dition. Upon motion the documents were received and filed and Resolution No. 426-08 Accepting public improvements in Stone Brook Center Sec- ond Addition was adopted. Eagle Valley Subdivision - Acceptance: City Manager recommending accept- ance of the public im- provements that the devel- oper, Fondell Excavating, Inc., has recently complet- ed in•Eagle Valley Subdivi- sion in the City of Dubu- que, Iowa. Upon motion the documents were re- ceived and filed and Reso- lution No.427-08 Accept- ing Public Improvements in Eagle Valley Subdivision was adopted. 2008 Weed Assess- ments: City Manager rec- ommending approval of the levy of special assess- ments for the second half of the 2008 Weed Enforce- ment Program in the total amount of $1,810. ,Upon motion the documents were received and filed and Resolution No. 428-08 Adopting the schedule of assessments for the sec- ond half of the 2008 Weed/Garbage/Junk En- forcement Program speci- fying the number of annual installments into which as- sessments are divided, the interest on all unpaid in- stallments, the time when the assessments are paya- ble and directing the clerk to certify the schedule of assessments to the Coun- ty Treasurer and to publish notice thereof was adopt- ed. Neighborhood Stabiliza- tion Program Funds: City Manager recommending proval of an application • Brakes • • Fuel Inlet. • 4x4 Repa • Electrical • Compute • Front En We offer. at O2W I MI -Street, Di ECIAL $39.95 most vehicles •J e 4Auto Ce (our One Stop Auto S Collision • Mechanic 14th Street, 563-5 iER SPECIAL rnsmission Flush, Oil Cha $59.95 per axle change: $17.95 eve le Special E and 16 pt. inspection. So ion Special and adjust air pressure. 5 DO IT BETTER FOR 1 3-5781 • 800-747 ge has a e Estimates 3-5781 DO( ihuque, IA • Mon. -Fri. 7:30 am - 11 of our custo 'd the excitant Honda at $5( citizen Communication: Communication from Jim and Anita Sullivan regard- ing the West 32nd Street Detention Basin. Upon motion the documents were received and filed and referred to the City Manager. Amendment to B & G Consulting, LLC Agree- ment: City Manager rec- ommending approval of an amendment to the consult- ing agreement with B & G Development, • LLC for identifying and marketing City parcels or facilities to New Market Tax Credit Community Development Entities. Upon motion the documents were received, filed, and approved. WS Live - Community Development Block Grant (CDBG) Loan Agreement: City Manager recommend- ing approval of a $375,000 forgivable loan request from WS Live, LLC for funding through the City's Community Development Block Grant (CDBG) Eco- nomic Development Loan Program to assist in the company's relocation to 131 W. 10th Street. Upon motion the documents were received and filed and Resolution No. 434-08 Authorizing a commitment letter and the execution of a Community Develop- ment Block Grant Loan of Three Hundred Seventy - Five Thousand Dollars ($375,000) to WS Live, LLC, was adopted. Interstate Building, LLLP and WS Live, LLC - First Amendment to Develop- ment Agreement: City Manager recommending approval of the First Amendment to the Devel- opment Agreement with Interstate Building, LLLP and WS Live, LLC to re- flect changes in employ- ment numbers and that WS Live must be com- pletely out of their current facility by January 15, 2009. Upon motion the documents were received and filed and Resolution No. 435-08 Approving the first amendment to the In- terstate Building, LLLP and WS Live, LLC Develop- ment Agreement was adopted. West Side Annexation: Joint Motion: City Manager transmitting a letter from Asbury City Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting the vol- untary annexation of Sandwedge Subdivision to the City of Asbury. Upon motion the documents were received and filed. Dubuque Main Street, Ltd Program Agreement: City Manager recommending approval of a Program Agreement between Dubu- que Main Street, Ltd., the -City of Dubuque and the Iowa Department of Eco- nomic Development. Upon motion the documents were received and filed and Resolution No. 436-08 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. SRF Loan Agreement - West 32nd Street Deten- tion Basin: City Manager recommending approval of the suggested proceed- ings to complete the ac- tion required on the issu- ance of $2,000,000 Sewer Capital Loan Notes (State of Iowa Revolving Fund Loan). Upon motion the documents were received and filed and Resolution No. 437-08 Relating to the issuance of Sewer Reve- nue Bonds by the City of Dubuque under the provi- sions of Chapter 384 of the Code of Iowa, author- izing and providing for the issuance and securing the payment of $2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, and providing for a method of payment thereof and re- lated matters, was adopt- ed. Donation of Firefighter Gear: City Manager rec- ommending approval of the donation of firefighter gear to firefighters in the Philippines. Upon motion the documents were re- ceived, filed, and ap- proved. U.S. Conference of May- ors: Communication from the U.S. Conference of Mayors advising that the City has received a Best Practice Award for our lead safety efforts. Upon motion the document was received and filed. Business License Re- funds Diamond Jo, LLC re: questing a refund of Ciga- rette License No. DBQ-037 in the amount of $50.00. David Wetter, Club Phoe- nix, requesting a refund of Beer/Wine/Liquor License #LC0035579 in the amount of $422.50. Upon motion the docu- ments were received and filed and the refunds ap- mission as an Interim wen as exploring altema Commissioner for the tive locations. He stated Langworthy Historic Dis- trict for a 4-year term through July 1, 2011. Seconded by Connors. Motion carried 7-0. Human Rights Commis- sion: Three 3-year terms through January 1, 2012 (Terms of Allen, Wilberding, Vanden Heuvel). Applicants: An- thony Allen, 575 Almond Street; Terry Driskell, 249 York Street; and Katrina Wilberding, 3715 Asbury Road. Motion by Jones to appoint Anthony Allen and Katrina Wilberding to the Human Rights Commis- sion for 3-year terms through January 1, 2012. Seconded by Voetberg. Jones stated that it is im- portant for applicants who are unknown to the City Council be present for the interview portion of the ap- pointment process. Voetberg concurred with Jones. Connors stated that many applicants are ap- pointed without coming forward to introduce them- selves and asked the City Clerk's Office to use stron- ger language when inform- ing applicants to be pres- ent. Motion carried 5-2 with Connors and Lynch voting nay. Motion by Connors to ap- point Terry Driskell to the Human Rights Commis- sion for a 3-year term through January 1, 2012. Seconded by Resnick. Motion carried 4-2 with Voetberg and Braig voting nay and Jones voting present. Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of Chave- nelle and Twining). Appli- cants: Gail Chavenelle, 1155 Kelly Lane; and Con- nie Twining, 421 North Booth Street. Motion by Braig to appoint Gail Cha- venelle and Connie Twining to the Mediacom Charitable Foundation for 1-year terms through De- cember 31, 2009. Seconded by Connors. Motion carried 7-0. Transit Board of Trust- ees: One 3-year term through July 30, 2011 (Term of Davidson): Appli- cant: John Curtis, 1951 AI- ta Vista. Motion by Jones to appoint John Curtis to the Transit Board of Trust- ees for a 3-year term through July 30, 2011. Seconded by Braig. Mo- tion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. • Request to Rezone - 6255 Pennsylvania Ave- nue: Proof of publication on notice of public hearing to consider a request from Dave and Tim Blake to rezone property located at 6255 Pennsylvania Avenue (west of Heacock Road and north of Pennsylvania Avenue) from AG Agricul- tural to AG Agricultural District with a RROD Rural Residential Overlay Desig- nation and Zoning Adviso- ry Commission recom- mending approval. Motion by Lynch 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. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 80-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at the northwest corner of Middle Road and Heacock Road from AG Agricultural Dis- trict to AG Agricultural Dis- trict with a Rural Residen- tial Overlay District Desig- nation. Seconded by Jones. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Alley at St. Anthony's School: City Manager rec- ommending that the City plow and de-ice the alley that connects St. Ambrose Street and Grandview Ave- nue through the St. Anthony's property as a safety precaution. Motion by Voetberg to receive and file the documents and ap- prove the recommenda- tion. Seconded by Con- nors. Motion carried 7-0. Renaming of David Court: Zoning Advisory Commis- sion recommending appro- val of the renaming of Da- vid Court to Peach Tree Lane as requested by the City of Dubuque. Motion by Lynch to receive and file the documents and that a transition period may be needed. Resnick stated that he has obtained a quantity of information regarding green roofs like the one re- cently approved for the fire station. He said the tech- nology is unique and it is the right thing to do. CLOSED SESSION Motion by Lynch to go in- to closed session at 7:16 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Voetberg. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 7:39 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:40 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 12/24 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exo, FEB, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on December 15, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. INVOCATION Invocation was provided by Father John Haugen of Loras College CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Reg- ulatory Commission of 11/12; Cable TV Teleprogramming. Com- mission of 11/12; City Council of 12/1; Civil Serv- ice Commission of 11/17 and 11/25; Electrical Code Board of 12/1; Environ- mental Stewardship Advi- sory Commission of 12/2; Human Rights Commis- sion of 11/10; Zoning Advi- sory Commission of 11/5; Zoning Board of Adjust- ment of 11/20 Library Board of Trustees Update from meeting of November 20, 2008 Proofs of publication of City Council Proceedings of November 17, 2008 (Special Session and Reg- ular Session) and Novem- ber 21, 2008 and List of Claims and Summary of Revenues for the month ended October 31, 2008 Printed Official Proceed- ings of the City Council for 2007 Upon motion the docu- ments were received and filed. Claims/Suits: City Attor- Trlea ana hfesoluTlon No. 424-08 Accepting the Fire Station No. 2 - John F. Kennedy Road Parking Lot Reconstruction Project and authorizing payment of the contact amount to the contractor was adopt- ed. Timber-Hyrst Estates, Phase I - Acceptance: City Manager recommending acceptance of the public improvements which the developer, North Cascade Road Developers, LLC (NCR Developers), has re- cently completed in Timber-Hyrst Estates. Upon motion the docu- ments were received and filed and Resolution No. 425-08 Accepting public improvements in Timber- Hyrst Estates was adopt- ed. Stone Brook Center Sec- ond Addition - Accept- ance: City Manager rec- ommending acceptance of the public improvements which the developer, NEZTROP, LLC has re- cently completed in Stone Brook Center Second Ad- dition. Upon motion the documents were received and filed and Resolution No. 426-08 Accepting public improvements in Stone Brook Center Sec- ond Addition was adopted. Eagle Valley Subdivision - Acceptance: City Manager recommending accept- ance of the public im- provements that the devel- oper, Fondell Excavating, Inc., has recently complet- ed in Eagle Valley Subdivi- sion in the City of Dubu- que, Iowa. Upon motion the documents were re- ceived and filed and Reso- lution No.427-08 Accept- ing Public Improvements in Eagle Valley Subdivision was adopted. 2008 Weed Assess- ments: City Manager rec- ommending approval of the levy of special assess- ments for the second half of the 2008 Weed Enforce- ment Program in the total amount of $1,810. Upon motion the documents were received and filed and Resolution No. 428-08 Adopting the schedule of assessments for the sec- ond half of the 2008 Weed/Garbage/Junk En- forcement Program speci- fying the number of annual installments into which as- sessments are divided, the interest on all unpaid in- stallments, the time when the assessments are paya- ble and directing the clerk to certify the schedule of assessments to the Coun- ty Treasurer and to publish notice thereof was adopt- ed. Neighborhood Stabiliza- tion Program Funds: City Manager recommending approval of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds. Upon motion the documents were received and filed and Resolution No. 429-08 Authorizing submission of an applica- tion to the Iowa Depart- ment of Economic Devel- opment (IDED) for Neigh- borhood Stabilization Pro- gram Funds was adopted. Purchase of Property - 2273 / 2301 Prince Street: City Manager recommend- ing approval of the pur• chase of residential rent- al dwelling located at 2273 / 2301 Prince Street as part of the acquisition pro- gram associated with the Bee Branch Creek Resto- ration Project. Upon mo- tion the documents were received and filed and Resolution No. 430-08 Ap- proving the acquisition of real estate located at 2273 / 2301 Prince Street in the City of Dubuque, Iowa, was adopted. Purchase of Property - 1575 Maple Street: City Manager recommending approval of the purchase of a residential dwelling lo- cated at 1575 Maple Street as part of the ac- quisition program associ- ated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 431-08 Approving the ac- quisition of real estate lo- cated at 1575 Maple Street in the City of Dubu- que, Iowa, was adopted. Purchase of Property - 510-512 Rhomberg Ave- nue: City Manager recom- mending approval of the purchase of a rental dwell- ing located at 510 - 512 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 432-08 Rescinding Resolution No. 142-08 which contained an incor- rect legal description and approving this, resolution for the acquisition of real i.n¢en liafIIII IUnIUdUU11. Communication from Jim and Anita Sullivan regard- ing the West 32nd Street Detention Basin. Upon • motion the documents were received and filed and referred to the City Manager. Amendment to B & G Consulting, LLC Agree- ment: City Manager rec- ommending approval of an amendment to the consult- ing agreement with B & G Development, • LLC foi identifying and marketinc City parcels or facilities tc New Market Tax Credi Community Developmen Entities. Upon motion the documents were received, filed, and approved. WS Live - Community Development Block Grant (CDBG) Loan Agreement: City Manager recommend- ing approval of a $375,000 forgivable loan request from WS Live, LLC for funding through the City's Community Development Block Grant (CDBG) Eco- nomic Development Loan Program to assist in the company's relocation to 131 W. 10th Street. Upon motion the documents were received and filed and Resolution No. 434-08 Authorizing a commitment letter and the execution of a Community Develop- ment Block Grant Loan of Three Hundred Seventy - Five Thousand Dollars ($375,000) to WS Live, LLC, was adopted. Interstate Building, LLLP and WS Live, LLC - First Amendment to Develop- ment - Agreement: City Manager recommending approval of the First Amendment to the Devel- opment Agreement with Interstate Building, LLLP and WS Live, LLC to re- flect changes in employ- ment numbers and that WS Live must be com- pletely out of their current facility by January 15, 2009. Upon motion the documents were received and filed and Resolution No. 435-08 Approving the first amendment to the In- terstate Building, LLLP and WS Live, LLC Develop- ment Agreement was adopted. West Side Annexation: Joint Motion: City Manager transmitting a letter from Asbury City Administrator Beth Bonz and the joint motion by Dubuque and Asbury supporting the vol- untary annexation of Sandwedge Subdivision to the City of Asbury. Upon motion the documents were received and filed. Dubuque Main Street, Ltd Program Agreement: City Manager recommending approval of a Program Agreement between Dubu- que Main Street, Ltd., the •City of Dubuque and the Iowa Department of Eco- nomic Development. Upon motion the documents were received and filed and Resolution No. 436-08 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. SRF Loan Agreement - West 32nd Street Deten- tion Basin: City Manager recommending approval of the suggested proceed- ings to complete the ac- tion required on the issu- ance of $2,000,000 Sewer Capital Loan Notes (State of Iowa Revolving Fund Loan). Upon motion the documents were received and filed and Resolution No. 437-08 Relating to the issuance of Sewer Reve- nue Bonds by the City of Dubuque under the provi- sions of Chapter 384 of the Code of Iowa, author- izing and providing for the issuance and securing the payment of $2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, and providing for a method of payment thereof and re- lated matters, was adopt- ed. Donation of Firefighter Gear: City Manager rec- ommending approval of the donation of firefighter gear to firefighters in the Philippines. Upon motion the documents were re- ceived, filed, and ap- proved. U.S. Conference of May- ors: Communication from the U.S. Conference of Mayors advising that the City has received a Best Practice Award for our lead safety efforts. Upon motion the document was received and filed. Business License Re- funds Diamond Jo, LLC re= questing a refund of Ciga- rette License No. DBQ-037 in the amount of $50.00. David Wetter, Club Phoe- nix, requesting a refund. of Beer/Wine/Liquor License #LC0035579 in the amount of $422.50. Upon motion the docu- ments were received and filed and the refunds ap- ALL UTIL. PAID. LG 1 BFt 14147 N Cascade Rd $47`, Garage avail. 563-590-5514 Service Directory CNAs WILL PROVIDE IN HOME ADULT CARE 12 years experience, great references. 563-564-1406 leave message Will provide care in m torward-to-rntroauce tnem- selves and asked the City Clerk's Office to use stron- ger language when inform- ing applicants to be pres- ent. Motion carried 5-2 with Connors and Lynch voting nay. Motion by Connors to ap- point Terry Driskell to the Human Rights Commis- sion for a 3-year term through January 1, 2012. Seconded by Resnick. Motion carried 4-2 with Voetberg and Braig voting nay and Jones voting present. Mediacom Charitable Foundation: Two 1-year terms through December 31, 2009 (Terms of Chave- nelle and Twining). Appli- cants: Gail Chavenelle, 1155 Kelly Lane; and Con- nie Twining, 421 North Booth Street. Motion by Braig to appoint Gail Cha- venelle and Connie Twining to the Mediacom Charitable Foundation for 1-year terms through De- cember 31, 2009. Seconded by Connors. Motion carried 7-0. Transit Board of Trust- ees: One 3-year term through July 30, 2011 (Term of Davidson): Appli- cant: John Curtis, 1951 Al- ta Vista. Motion by Jones to appoint John Curtis to the Transit Board of Trust- ees for a 3-year term through July 30, 2011. Seconded by Braig. Mo- tion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. • Request to Rezone - 6255 Pennsylvania Ave- nue: Proof of publication on notice of public hearing to consider a request from Dave and Tim Blake to rezone property located at 6255 Pennsylvania Avenue (west of Heacock Road and north of Pennsylvania Avenue) from AG Agricul- tural to AG Agricultural District with a RROD Rural Residential Overlay Desig- nation and Zoning Adviso- ry Commission recom- mending approval. Motion by Lynch 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. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 80-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at the northwest corner of Middle Road and Heacock Road from AG Agricultural Dis- trict to AG Agricultural Dis- trict with a Rural Residen- tial Overlay District Desig- nation. Seconded by Jones. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Alley at St. Anthony's School: City Manager rec- ommending that the City plow and de-ice the alley that connects St. Ambrose Street and Grandview Ave- nue through the St. Anthony's property as a safety precaution. Motion by Voetberg to receive and file the documents and ap- prove the recommenda- tion. Seconded by Con- nors. Motion carried 7-0. Renaming of David Court: Zoning Advisory Commis- sion recommending appro- val of the renaming of Da- vid Court to Peach Tree Lane as requested by the City of Dubuque. Motion by Lynch to receive and file the documents and Notary Public in and for Dubu MARY K. WESTERMEY Commission Number 154E v Comm Exo. FEB, 1, 2