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
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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