Proof of Publication City Council Proceedings 1 20 09;~
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The Dubuque City Coun-
cil met in regular session
at 6:30 p.m. on January
20, 2009 in the Historic
Federal Building. e
Present: Mayor Pro-Tem
Lynch, Council Members ~ .,,m
Connors, Jones, Resnick,
Voetberg, City Manager
Van Milligen, Clty Attorney
Lindahl
Absent: Mayor Buol,
Council Member Braig
Mayor Pro-Tem Lynch
read the call and stated
this is a regular session
called for the purpose of
discussing such matters
which may properly come
before the City Council.
Invocation was provided '
by Pastor Wayne Whitten-
baugh, Apostolic Christian
Church.
CONSENT ITEMS
Motion by Connors to re- ~ted
ceive and file the docu-
ments, adopt the resolu-
tions, and dispose of as in-
dicated. Seconded by
Jones. Motion carried 5-0.
Minutes and Reports
Submitted: Airport Com-
mission of 10/27; Arts and
Cultural Affairs Advisory
Commission of 10/28; Ca-
ble TV Teleprogramming
Commission of 12/2; City ,
Council of 1/5 and 1/6;
Zoning Advisory Commis-
sion of 1/7; Zoning Board
of Adjustment of 12/18 art
Proofs of publication of
City Council Proceedings
of December 15, 2008 and
List of Claims and Summa-
ry of Revenues for Month
Ending November 30, ,
2008
Upon motion the docu-
ments were received and
filed.
Notice of Claims/Suits:
Scott D. Hos for vehicle
damage; Karen Lyness for
personal injury; Jacob R. DI
Bellings for vehicle dam- BI
age; Joan M. Miller for per- 9~
sonal injury; Judd
Billmeyer for vehicle dam-
- age; Paul Swartzel for ve-
-~ hicle damage. Upon mo- -,
lion the documents were '~'
received, filed,. and refer- ,~
red to the City Attorney. ~
b City Attorney advising
that the following claims
have been referred to Pub- ^
lit Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur- ;
ante Pool: William Latham
for personal injury; EMC a
Insurance Companies,
representing Karen
Lyness, for personal injury;
Noel Ploessl for vehicle
damage; Jacob Bellings
for vehicle damage; Judd
Billmeyer for vehicle dam-
age; Jim David for proper-
.., a....,.,.,o hnn Millar or
consider a request from
Doug Edwards / Edwards
Family Realty, LLC to ex-
pand the existing Planned
Unit Development District
by rezoning property from
R-1 Single-Family Resi-
dential District to PI Plan-
ned Industrial District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
consider the first reading
of a proposed ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 777
Edwards Road from R-1
Single Family Residential
Qistrict to PUD Planned
Unit Development District
with a PI Planned Industri-
al District designation and
adopting a revised Con-
for Edwards Cast Stone.
Seconded by Voetberg.
Doug Edwards, 777 Ed-
wards Road, spoke in fa-
vor of the rezoning. Motion
carried 5-0.
Oak Grove Sanitary Sew-
er and Water Main Exten-
sion Project: Proof of pub-
lication on notice of hear-
ing to consider the plans
and specifications, form of
contract and estimated
cost for the Oak Grove
Sanitary Sewer and Water
Main Extension Project
and City Manager recom-
mending approval.
There being no public
;omments, Connors
roved to close the Public
searing. Seconded by
/oetberg. Motion carried
s-o.
Motion by Voetberg to ta-
~le to February 2, 2009 a
proposed resolution ap-
~roving plans, specifica-
ions, form of contract, and
estimated cost for the Oak
3rove Sanitary Sewer and
rVater Main Extension
project; a proposed reso-
ution with respect to the
adoption of the Resolution
cf Necessity proposed for
the Oak Grove Sanitary
Sewer and Water Main Ex-
tension Project; and a pro-
posed resolution approv-
ing schedule of assess-
ments and estimate of to-
tal cost for the Oak Grove
Sarv ~ Sewer and Water
~25
Secl /sp eanne F. Schneider, I
tior ,. , ,__ MC, City Cla.l,
STA ~ r: OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzar>lle 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 fo]lowing
dates: January 28, 2009, and for which the charge is $18295.
1
~'
U
Subscribed to before me otary Public in and for Dubuque County, Iowa,
this ~_ day of ~ ~ , 20 D ~
otary Public m and for Dubuque County, Iowa.
..PP`g~ F ' MARY K. WESTERMLYt=R
~'~ '~ ~ Commiseion NumbEr 154F85
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CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Coun-
cil met in regular session
at 6:30 p.m. on January
20, 2009 in the Historic
Federal Building.
Present: Mayor Pro-Tem
Lynch, Council Members
Connors, Jones, Resnick,
Voetberg, City Manager
Van Milligen, City Attorney
Lindahl
Absent: Mayor Buol,
Council Member Braig
Mayor Pro-Tem Lynch
read the call and stated
this is a regular session
called for the purpose of
discussing such matters
hh h mayy pproperly come
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tice of public hearing to
consider a request from
Doug Edwards / Edwards
Family Realty, LLC to ex:
pand the existing Planned
Unit Development District
by rezoning property from ,
R-1 Single -Family Resi-
dential District to PI Plan-
ned Industrial District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
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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: January 28, 2009, and for which the charge is $182.95.
Subscribed to before m otary Public in and for Dubuque County, Iowa,
this ag2w day of �� , 20 D? .
otary Public in and for Dubuque County, Iowa.
pw," r y7MARY K. WESTERMEYER
Commission Number 154885
` M,ay Comm. FP-) . FEB. 1, 2011
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CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City Coun-
cil met in regular session
at 6:30 p.m. on January
20, 2009 in the Historic
Federal Building.
Present: Mayor Pro-Tem
Lynch, Council Members
Connors, Jones, Resnick,
Voetberg, City Manager
Van Milligen, City Attorney
Lindahl
Absent: Mayor Buol,
Council Member Braig
Mayor Pro-Tem Lynch
read the call and stated
this is a regular session
called for the purpose of
discussing such matters
which may properly come
before the City Council.
Invocation was provided
by Pastor Wayne Whitten-
baugh, Apostolic Christian
Church.
CONSENT ITEMS
Motion by Connors to re-
ceive and file the docu-
ments, adopt the resolu-
tions, and dispose of as in- rs
dicated. Seconded by tiv
Jones. Motion carried 5-0.
Minutes and Reports an
Submitted: Airport Com-
mission of 10/27; Arts and
Cultural. Affairs Advisory
Commission of 10/28; Ca-
ble TV Teleprogramming
Commission of 12/2; City
Council of 1/5 and 1/6;
Zoning Advisory Commis-
sion of 1/7; Zoning Board
of Adjustment of 12/18
Proofs of publication of
City Council Proceedings
of December 15, 2008 and
1 oUaa�UI
)Nianol
leas g ate61
INian0i
)a /IInd
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d
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List of Claims and Summa-
ry of Revenues for Month
Ending November 30,
2008
Upon motion the docu-
ments were received and
filed.
Notice of Claims/Suits:
Scott D. Hos for vehicle
damage; Karen Lyness for
personal injury; Jacob R.
Bellings for vehicle dam- I
age; Joan M. Miller for per-
sonal injury; Judd
Billmeyer for vehicle dam-
age; Paul Swartzel for ve-
hicle damage. Upon mo-
tion the documents were
received, filed,, and refer- in ,olne paads 9 '9A sse
red to the City Attorney. a
that the following claims 31SAaN3 601
City Attorneytadvising a
have been referred to Pub-
lic Entity Risk Services of
Iowa, the agent for the Io-
wa Communities Assur-
ance Pool: William Latham
for personal injury; EMC
Insurance Companies,
representing Karen
Lyness, for personal injury;
Noel Ploessl for vehicle
damage; Jacob Bellings
for vehicle damage; Judd
Billmeyer for vehicle dam-
age; Jim David for proper-
ty damage; Joan Miller for
personal injury
City Attorney recom-
mending settlement of the
claim of Bonjour Estates
for property damage
Upon motion the docu-
ments were received, filed,
and concurred.
City Development Board:
Steven R. McCann, City
Development Board Ad-
ministrator, submitting the
Filing of Written Decision
and the Findings of Fact
and Conclusions of Law
and Determination in the
matter of the City of As-
bury Voluntary Annexation
within the Urbanized Area
of the City of Dubuque, Io-
wa. Upon motion the
documents were received
and filed.
Iowa Department of
Transportation: Communi-
cation from the Iowa De-
partment of Transportation
advising that IDOT intends
to renew the Corridor
Preservation Zone along
U.S. 20 from the Peosta
interchange easterly to
near the intersection with
the Northwest Arterial.
Upon motion the docu-
ment was received and
filed.
tice of public hearing to
consider a request from
Doug Edwards / Edwards
Family Realty, LLC to ex=
pand the existing Planned
Unit Development District
by rezoning property from
R-1 Single -Family Resi-
dential District to PI Plan-
ned Industrial District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
c l ain S the .first 94 If i/M
the a i a
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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: January 28, 2009, and for which the charge is $182.95.
Subscribed to before me otary Public in and for Dubuque County, Iowa,
this ag day of ,20 D, .
otary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
T Commission Number 154885
my Comm. Exo. FEB. 1, 2011
Civil Service Commis-
n: Civil Service Com-
ission submitting the
ertified lists for the posi-
tions of Stock Clerk, Me-
chanic, and Parking Sys-
tem Technician. Upon mo-
tion the documents were
received and filed and
made a Matter of Record._
Crescent Heights Subdi-
vision: City Manager rec-
ommending acceptance of
the public improvements
which the developer,
McDermott Real Estate,
LLC, has recently complet-
ed in Crescent Heights
Subdivision. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 18-09 Accepting
improvements in Crescent
Heights Subdivision was
adopted.
Arbor Estates - Phase 3
Subdivision: City Manager
recommending accept-
ance of the public im-
provements which the de-
veloper, Kivlahan Farms,
LC, has completed in Ar-
bor Estates -- Phase 3
Subdivision in the City of
Dubuque, Iowa. Upon mo-
tion the documents were
received and filed and
Resolution No. 19-09 Ac-
cepting improvement in
Arbor Estates - Phase 3
Subdivision was adopted.
Cedar Ridge Farm Place
No. 4 - Stormwater Deten-
tion Improvements: City.
Manager recommending
acceptance of the storm-,
water detention improve-
ments which the develop-
er, Nemmers Cedar Ridge
Farm Limited Partnership,
has recently completed in
Cedar Ridge Farm Place
No. 4. Upon motion the
documents were received
and filed and Resolution
No. 20-09 Accepting
stormwater detention im-
provements in Cedar
Ridge Farm Place No. 4
was adopted.
Revitalize Iowa's Sound
Economy (RISE) Applica-
tion: City Manager recom-
mending approval of a res-
olution endorsing a RISE
grant application for con-
struction of a new street
north from Chavenelle
Drive to serve approxi-
mately 75 acres of indus-
trial property located on
the former North Siegert
Farm. Upon motion the
. documents were received
and filed and Resolution
No. 21-09 Endorsing the
submission of a Revitalize
Iowa's Sound Economy
(RISE) application to the
Iowa Department of Trans-
portation for the construc-
tion of a street north from
Chavenelle Road to ac-
cess lots in the Dubuque
Industrial Center North
Siegert Area was adopted.
Development Agreement
- 40 Main, LLC: City Man-
ager recommending ap-
proval of a Development
Agreement between the
City and 40 Main, LLC, for
the revitalization of proper-.
ty located at 40 - 42 Main
Street in downtown Dubu-
que. Upon motion the
documents were received
and filed and Resolution
No. 22-09 Approving a De-
velopment Agreement for
the redevelopment of 40
Main Street was adopted.
Enterprise Zone Commis-
sion Appointments: City
Manager recommending
approval of the three at -
large appointments of Dan
LoBianco, Doug Stillings
and Doug Buswell to the
City's Enterprise Zone
Commission. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Purchase of Property -
6950 Pennsylvania Ave-
nue: City Manager recom-
mending acceptance of
the warranty deed to cer-
tain real estate located at
6950 Pennsylvania Avenue
from Lloyd and Jane
Steffen. Upon motion the
documents were received
and filed and Resolution
No. 23-09 Accepting the
deed to certain real estate
in Dubuque County, Iowa,
from Lloyd and Jane
Steffen was adopted.
Plat of Survey - Old Da-
venport Road: Zoning Ad-
visory Commission recom-
mending approval of the
Plat of Survey on Old Da-
venport Road as request-
ed by David Chapin. Upon
motion the documents
were received and filed
and Resolution No. 24-09
Approving the plat of sur-
vey of Lot 1 of Lot 2 and
Lot 2 of Lot 2 of the south-
east quarter of the south-
east quarter of Section 24,
Township 88 North, Range
2 east of the Fifth P.M. in
Table Mound Township in
Dubuque County, Iowa,
was adopted.
Dubuque Water Trail
Grant Application: City
Manager recommending
approval of an Iowa Water
Trails grant application for
the Dubuque Water Trail,
which will stretch from
Lock and Dam No. 11
south to Massey Marina
Park along the Mississippi
River. Upon motion the
documents were received
and filed and Resolution
No. 25-09 Approving the
submittal of an application
for Iowa Water Trail Fund-
ing to the Iowa Depart-
ment of Natural Resources
for the Dubuque Water
Trail was adopted.
Alcohol Compliance -
Civil Penalties for Alcohol
License Holders: City
Manager recommending
approval of the Acknow-
ledgement/Settlement
Agreements for selling al-
cohol to an underage per-
son by Bricktown Brewery,
Las Margaritas, and
Shannon's Bar and Grill.
Upon motion the docu-
ments were received, filed,
and approved.
Tobacco Compliance -
Civil Penalties for Tobacco
Permit Holders: City Man-
ager recommending ac-
ceptance and approval of
Acknowl ed gement/Settlem
ent Agreements for selling
tobacco to underage per-
sons by Oky Doky (2010
Kerper Boulevard), Road
Ranger and Hy-Vee #3.
Upon motion the docu-
ments were received, filed,
and approved.
Delinquent Water, Sewer,
Refuse and Stormwater
Collection Accounts: City
Manager recommending
approval of the submission
of delinquent water; sewer,
refuse and stormwater col-
lection accounts to the Du-
buque County Treasurer.
Upon motion the docu-
ments were received and
filed and Resolution No.
26-09 Adopting the
Schedule of Assessments
for delinquent water, re-
fuse, sewer and
stormwater collection ac-
counts and specifying the
number of annual install-
ments into which assess-
ments are divided, the in-
terest on all unpaid install-
ments, the time when the
assessments are payable
and directing the Clerk to
certify the schedule of as-
sessments to the County
Treasurer and to publish
notice thereof as adopted.
Comprehensive Annual
Financial Report (CAFR):
City Manager transmitting
the Fiscal Year 2008 Com-
prehensive Annual Finan-
cial Report (CAFR), Park-
ing Facilities Financial
Statements, Management
Letter and City Responses
to the Management Letter.
Upon motion the docu-
ments were received and
filed.
University of Dubuque
Usage - Agreement: City
Manager recommending
approval of a Usage
Agreement with the Uni-
versity of Dubuque for the
2009 Alumni Basketball
Tournament. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Julien Dubuque Monu-
ment: Historic Preservation
Commission recommend-
ing approval of a request
from the Friends of the
Mines of Spain for Historic
District Public Improve-
ment Program (HDPIP)
funds for an improvement
project at the Julien Dubu-
que Monument, with con-
ditions. Upon motion the
documents were received,
filed, and approved.
Alliant Energy - Letter of
Agreement: City Manager
recommending approval of
a Letter of Agreement with
Alliant Energy concerning
placement of outdoor
cameras on Alliant Energy
utility poles. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Dubuque Regional Airport
Terminal Relocation Proj-
ect: City Manager recom-
mending approval of a re-
vised legal description for
property located at 10719
Merlin Lane with the fair
market value remaining at
the figure set forth previ-
ously. Upon motion the
documents were received
and filed and Resolution
No. 27-09 Establishing the
Fair Market Value of Real
Property at 10719 Merlin
Lane, Dubuque, Iowa,
owned by Ronald Bradley,
Jeffrey Bradley, and Brian
Bradley was adopted.
Dress Insurance Claim:
City Manager recommend-
ing settlement of the claim
of Leonard Dress for vehi-
cle damage. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Dubuque Humane Soci-
ety - Purchase of Service
Agreement: City Manager
recommending approval of
a new five-year- Purchase
of Service Agreement be-
tween the City of Dubuque
and the Dubuque Regional -
Humane Society. Upon
motion the documents
were received, filed, and
approved.
Business License Refund:
Request of Susan Harle-
Heim, Hudson's Classic
Grill, for a refund of Li-
cense No. LC0053803 in
the amount of $211.25.
Upon motion the docu-
ment was received, filed,
and the refund approved.
Liquor License Applica-
tions: 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.
28-09 Granting the issu-
ance of a Class "C" Beer
Permit to Awn Stop Mart
and Hartig Drug #4, and
Resolution No. 29-09
Granting the issuance of a
Class "C" Beer/Liquor Li-
cense to Taiko Japanese
Restaurant and a Class
"B" Wine Permit to Hartig
Drug #4 were adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Jones to re-
ceive and file the docu-
ments, adopt the resolu-
tions, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Seconded by
Voetberg. Motion carried
5-0.
Floodwall Levee Slope
Stabilization Project: City
Manager recommending
initiation of the public bid-
ding process for the
Floodwall Levee Slope
Stabilization Project and
that a public hearing be
set for February 2, 2009 to
consider approval of the
plans and specifications,
form of contract and esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 30-09 Prelimina-
ry approval of plans, spec-
ifications, form of contract,
and estimated cost, setting
date of public hearing and
ordering bids for the
Floodwall Levee Slope
Stabilization Project was
adopted setting a public
hearing for a meeting to
commence at 6:30 p.m. on
February 2, 2009 in the
Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to
address the City Council
regarding their desire to
serve on the following.
Boards/Commissions:
Community Development
Advisory Commission:
Two 3-year terms through
February 15, 2012,
Low/Moderate Income
Area and At -Large require-
ments (Terms of Wain-
wright and Stubben). Ap-
plicants: Hilary Stubben,
2433 Broadway Street
(Low/Moderate Income
Area); Thomas Wainwright,
1788 Lori Street (At -Large).
Mr. Wainwright spoke in
support of his re-
appointment.
PUBLIC HEARINGS
Upon motion the rules
were suspended to allow
anyone present to address
the City Council.
Dubuque Industrial Cen-
ter Planned Unit Develop-
ment District (Tabled on
November 17, 2008): City
Manager requesting that
this item be re -tabled until
the April 6, 2009 City
Council meeting.
Proof of publication on
notice of hearing to con-
sider a request from the
City of Dubuque/ Dubuque
Initiatives to amend the
Planned Unit Development
(PUD) for the Dubuque In-
dustrial Center, located on
Chavenelle Road and the
Northwest Arterial, to
change the designation of
property from open space
to commercial and Zoning
Advisory Commission rec-
ommending approval, with
conditions.
Motion by Voetberg to re-
move from table.
Seconded by Connors.
Motion carried 5-0.
Motion by Voetberg to ta-
ble a proposed ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by adopting a
revised Planned Unit De-
velopment Ordinance for
the Dubuque Industrial
Center Phases I and II lo-
cated at the southwest
corner of Highway 32
(Northwest Arterial) and
Chavenelle Road and by
repealing Ordinance 22-07
until April 6, 2009.
Seconded by Connors.
Motion carried 5-0.
15264 Middle Road - Re-
quest to Rezone: Proof of
publication on notice of
public hearing to consider
a request from Thomas
and Karen Gerhard to
rezone property located at
15264 Middle Road from
County R-2 Single -Family
Residential District to City
CS Commercial Services
and Wholesale District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
consider the first reading
of a proposed ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 15264
Middle Road from Dubu-
que County R-2 Single -
Family Residential District
to City CS Commercial
Services and Wholesale
District. Seconded by
Voetberg. Planning Serv-
ices Manager Laura
Carstens provided a staff
report. Motion carried 5-0.
607 East 22nd Street -
Request to Rezone: Proof
of publication on notice of
public hearing to consider
a request from Paul
Wheelock to rezone prop-
erty located at 607 East
22nd Street from C'-1c
Neighborhood Commercial
District, with conditions, to
C-1 Neighborhood Com-
mercial District and Zoning
Advisory Commission rec-
ommending approval, with
conditions. Motion ,by
Connors to consider the
first reading of a proposed
ordinance amending Ap-
pendix A (the Zoning Ordi-
nance) of the City of Dubu-
que Code of Ordinances
by reclassifying hereinafter
described property located
at 607 - 609 East 22nd
Street from C-1 Neighbor-
hood Commercial District,
with conditions, to C-1
Neighborhood Commercial
District, with .conditions.
Seconded by Voetberg.
Paul Wheelock, 3500
Dodge Street, #126, spoke
in favor of the rezoning.
Motion carried 5-0.
777 Edwards Road -
Amendment to Planned
Unit Development District:
Proof of publication on no-
tice of public hearing to
consider a request from
Doug Edwards / Edwards
Family Realty, LLC to ex
pand the existing Planned
Unit Development District
by rezoning property from
R-1 Single -Family Resi-
dential District to PI Plan-
ned Industrial District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
consider the first reading
of a proposed ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 777
Edwards Road from R-1
Single Family Residential
District to PUD Planned
Unit Development District
with a PI Planned Industri-
al District designation and
adopting a revised Con-
ceptual Development Plan
for Edwards Cast Stone.
Seconded by Voetberg.
Doug Edwards, 777 Ed-
wards Road, spoke in fa-
vor of the rezoning. Motion
carried 5-0.
Oak Grove Sanitary Sew-
er and Water Main Exten-
sion Project: Proof of pub-
lication on notice of hear-
ing to consider the plans
and specifications, form of
contract and estimated
cost for the Oak Grove
Sanitary Sewer and Water
Main Extension Project
and City Manager recom-
mending approval.
There being no public
comments, Connors
moved to close the Public
Hearing. Seconded by
Voetberg. Motion carried
5-0.
Motion by Voetberg to ta-
ble to February 2, 2009 a
proposed resolution ap-
proving plans, specifica-
tions, form of contract, and
estimated cost for, the Oak
Grove Sanitary Sewer and
Water Main Extension
Project; a proposed reso-
lution with respect to the
adoption of the Resolution
of Necessity proposed for
the Oak Grove Sanitary
Sewer and Water Main Ex-
tension Project; and a pro-
posed resolution approv-
ing schedule of assess-
ments and estimate of to-
tal cost for the Oak Grove
Sanitary Sewer and Water
Main Extension Project,
Seconded by Jones. Mo-
tion carried 5-0.
Upon motion the rules
were reinstated limiting
discussion to the City
Council.
ACTION ITEMS
Greater Dubuque Devel-
opment Corporation: Rick
Dickinson, Executive Di-
rector of the Greater Du-
buque Development Cor-
poration, 300 Main Street,
provided a verbal report on
the activities of GDDC.
Motion by Jones to receive
and file and express the
City Council's gratitude.
Seconded by Connors.
Motion carried 5-0.
Final Plat - English Ridge
Subdivision: Zoning Advi-
sory Commission recom-
mending approval of the fi-
nal plat of English Ridge
Subdivision as requested
by English Ridge LLC. Mo-
tion by Jones to receive
and file. the documents
and adopt Resolution No.
31-09 Approving Final Plat
of English Ridge Subdivi-
sion in the City of Dubu-
que, Iowa_ Seconded by
Voetberg. Motion carried
5-0.
Millworking Warehouse
District Agreement: City
Manager recommending
approval of an Agreement
with Dubuque Main Street
for the hiring of a Resource
Development Director for
the Millworking Warehouse
District. Motion by Jones
to receive and file the
documents and approve
the recommendation.
Seconded by Voetberg.
Motion carried 4-0 with
Connors abstaining.
Youthbuild Contract: City
Manager recommending
approval of the submission
of a Federal Youthbuild
grant application. Motion
by Connors to receive and
file the documents and ap-
prove the recommenda-
tion. Seconded by Jones.
Motion carried 5-0.
Valet Parking: City Man-
ager recommending ap-
proval of changes to the
special events permit ordi-
nance in response to a re-
quest to offer valet parking
in the downtown business
district. Motion by
Connors to consider the
first reading of a proposed
ordinance amending City
of Dubuque Code of Ordi-
nances Sections 33-21
and 33-21.2 to provide for
valet parking in the down-
town business district by
requiring businesses to
obtain a special events
permit and provide a plan
for compliance with the
Americans with Disabilities
Act and Americans with
Disabilities Act Accessibili-
ty Guidelines. Seconded
by Jones. Motion carried
5-0.
COUNCIL MEMBER
REPORTS
Voetberg reported on
phone calls he has re-
ceived from citizens op -
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATIOI
I, Suzanne Pike, a Billing Clerk for Woodward Commur
corporation, publisher of the Telegraph Herald,a newspa
published in the City of Dubuque, County of Dubuque as
certify that the attached notice was published in said nem
dates: January 28, 2009, and for which the charge is $18:
S10tM.e,
Subscribed to before m otary Public in and for Dub
this ag' day of , 20 D'
otary Public in and for D
MARY K. WE
Commission N
My Comm. Ex:
, rvemmers Cedar Midge
Farm Limited Partnership,
has recently completed in
Cedar Ridge Farm Place
No. 4. Upon motion the
documents were received
and filed and Resolution
No. 20-09 Accepting
stormwater detention im-
provements in Cedar
Ridge Farm Place No. 4
was adopted.
Revitalize Iowa's Sound
Economy (RISE) Applica-
tion: City Manager recom-
mending approval of a res-
olution endorsing a RISE
grant application for con-
struction of a new street
north from Chavenelle
Drive to serve approxi-
mately 75 acres of indus-
trial property located on
the former North Siegert
Farm. Upon motion the
documents were receive
and filed and Resolution
No. 21-09 Endorsing the
submission of a Revitalize
Iowa's Sound` Economy
(RISE) application to the
lowa Department of Trans-
portation for the construc-
tion of a street north from
Chavenelle Road to ac-
cess lots in the Dubuque
Industrial Center North
Siegert Area was adopted.
Development Agreement
- 40 Main, LLC: City Man-
ager recommending ap-
proval of a Development
Agreement between the
City and 40 Main, LLC, for
the revitalization of proper-.
ty located at 40 - 42 Main
Street in downtown Dubu-
que. Upon motion the
documents were received
and filed and Resolution
No. 22-09 Approving a De-
velopment Agreement for
the redevelopment of 40
Main Street was adopted.
Enterprise Zone Commis-
sion Appointments: City
Manager recommending
lroval of the three at-
arge appointments of Dan
LoBianco, Doug Stillings
and Doug Buswell to the
City's Enterprise __ Zone
Commission. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Purchase of Property
6950 Pennsylvania Ave-
nue: City Manager recom-
mending acceptance of
the warranty deed to cer-
tain real estate located at
6950 Pennsylvania Avenue
from Lloyd and Jane
Steffen. Upon motion the
documents were received
and filed and Resolution
No. 23-09 Accepting the
deed to certain real estate
in Dubuque County, Iowa,
from Lloyd and Jane
Steffen was adopted.
Plat of Survey - Old Da-
venport Road: Zoning Ad -
Shannon raS, d and
Upon motion the docu-
ments were received, filed,
and approved.
Tobacco Compliance -
Civil Penalties for Tobacco
Permit Holders: City Man-
ager recommending ac-
ceptance and approval of
AcknowledgemenVSettlem
ent Agreements for selling
tobacco to underage per-
sons by Oky Doky (2010
Kerper Boulevard), Road
Ranger and Hy-Vee #3.
Upon motion the docu-
ments were received, filed,
and approved.
Delinquent Water, Sewer,
Refuse and Stormwater
Collection Accounts: City
Manager recommending
approval of the submission
of delinquent water; sewer,
refuse and stormwater col-
lection accounts to the Du-
buque County Treasurer.
Upon motion the docu-
ments were received and
filed and Resolution No.
26-09 Adopting the
Schedule of Assessments
for delinquent water, re-
fuse, sewer and
stormwater collection ac-
counts and specifying the
number of annual install-
ments into which assess-
ments are divided, the in-
terest on all unpaid install-
ments, the time when the
assessments are payable
and directing the Clerk to
certify the schedule of as-
sessments to the County
Treasurer and to publish
notice thereof as adopted.
Comprehensive Annual
Financial Report (CAFR):
City Manager transmitting
the Fiscal Year 2008 Com-
prehensive Annual Finan-
cial Report (CAFR), Park-
ing Facilities Financial
Statements, Management
Letter and City Responses
to the Management Letter.
Upon motion the docu-
ments were received and
filed.
University of Dubuque
Usage Agreement: City
Manager recommending
approval of a Usage
Agreement with the Uni-
versity of Dubuque for the
2009 Alumni Basketball
Tournament. Upon motion
the documents were re-
ceived, filed, and ap-
proved.
Julien Dubuque Monu-
ment: Historic Preservation
Commission recommend-
ing approval of a request
from the Friends of the
Mines of Spain for Historic
District Public Improve-
ment Program (HDPIP)
funds for an improvement
project at the Julien Dubu-
que Monument, with con-
ditions. Upon motion the
documents were received,
Humane Society. Upon
motion the documents
were received, filed, and
approved.
Business License Refund:
Request of Susan Harle-
Heim, Hudson's Classic
Grill, for a refund of Li-
cense No.. LC0053803 in
the amount of $211.25.
Upon motion the docu-
ment was received, filed,
and the refund approved.
Liquor License Applica-
tions: 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.
28-09 Granting the issu-
ance of a Class "C" Beer
Permit to Awn Stop Mart
and Hartig Drug #4, and
Resolution No. 29-09
Granting the issuance of a
Class "C" Beer/Liquor Li-
cense to Taiko Japanese
Restaurant" and a Class
"B" Wine Permit to Hartig
Drug #4 were adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Jones to re-
ceive and file the docu-
ments, adopt the resolu-
tions, set the public hear-
ings as indicated, and di-
rect the City Clerk to pub-
lish notice as prescribed
by law. Sedon
Voetberg. Motionded carri dy
5-0.
Floodwall Levee Slope
Stabilization Project: City
Manager recommending
initiation of the public bid-
ding process for the
Floodwall Levee Slope
Stabilization Project and
that a public hearing be
set for February 2, 2009 to
consider approval of the
plans and specifications,
form of contract and esti-
mated cost. Upon motion
the documents were re-
ceived and filed and Reso-
lution No. 30-09 Prelimina-
ry approval of plans, spec-
ifications, form of contract,
and estimated cost, setting
date of public hearing and
ordering bids for the
Floodwall Levee Slope
Stabilization Project was
adopted setting a public
hearing for a meeting to
commence at 6:30 p.m. on
February 2, 2009 in the
Historic Federal Building.
BOARDS/COMMISSIONS
Aaddreicants ss the invited
to
theCity Coun
cil
regarding their desire to
serve on the following.
Boards/Commissions:
Community Development
Advisory Commission:
Two 3-year terms through
February 15, 2012,
Low/Moderate Income
Area and At -Large require-
ments (Terms of Wain-
iry or Dubuque Code of
Ordinances by adopting a
revised Planned Unit De-
velopment Ordinance for
the Dubuque Industrial
Center Phases I and II lo-
cated at the southwest
corner of Highway 32
(Northwest Arterial) and
Chavenelle Road and by
repealing Ordinance 22-07
until April 6, 2009.
Seconded by Connors.
Motion carried 5-0.
15264 Middle Road - Re-
quest to Rezone: Proof of
publication on notice of
public hearing to consider
a request from Thomas
and Karen Gerhard to
rezone property located at
15264 Middle Road from
County R-2 Single -Family
Residential District to City
CS Commercial Services
and Wholesale District and
Zoning Advisory Commis-
sion recommending appro-
val.
Motion by Connors to
consider the first reading
of a proposed ordinance
amending Appendix A (the
Zoning Ordinance) of the
City of Dubuque Code of
Ordinances by reclassify-
ing hereinafter described
property located at 15264
Middle Road from Dubu-
que County R-2 Single -
Family Residential District
to City CS Commercial
Services and Wholesale
District. Seconded by
Voetberg. Planning Serv-
ices Manager Laura
Carstens provided a staff
report. Motion carried 5-0. _
607 East 22nd Street -
Request to Rezone: Proof
of publication on notice of
public hearing to consider
a request from Paul
Wheelock to rezone prop-
erty located at 607 East
22nd Street from C-1c
Neighborhood Commercial
District, with conditions, to
C-1 Neighborhood Com-
mercial District and Zoning
Advisory Commission rec-
ommending approval, with
conditions. Motion by
Connors to consider the
first reading of a proposed
ordinance amending Ap-
pendix A (the Zoning Ordi-
nance) of the City of Dubu-
que Code of Ordinances
by reclassifying hereinafter
described property located
at 607 - 609 East 22nd
Street from C-1 Neighbor-
hood Commercial District,
with conditions, to C-1
Neighborhood Commercial
District, with .conditions.
Seconded by Voetberg.
Paul Wheelock, 3500
Dodge Street, #126, spoke
in favor of the rezoning.
Motion carried 5-0.
777 Edwards Road -
Amendment to Planned
Unit Development District:
Proof of publication on no -
op
Dic
rect
buq
por
prov
the
Moti
and
City
Seco
Moti
Fin
Subd
sory
mend
nal p
Subd
by En
tion
and
and a
31-09
of En
sion i
que, I
Voetb
5-0.
Mill
District
Manag
approv
with D
for the
Develo
the Mill
District.
to rec
docume
the
Second
Motion
Connors
Youthb
Manage
approval
of a F
grant ap
by Conn
I_ file the d
prove t
tion. Sec
Motion c
Valet P
ager rec
proval of
special ev
nance in
quest to o
in the do
district.
Connors
first readin
ordinance
of Dubuqu
nances S
and 33-21.
valet parki
town busin
.requiring
obtain a
permit and
for compli
Americans
Act and A
Disabilities
ty Guidelin
by Jones.
5-0.
COUNCI
REP
Voetberg
phone calls
ceived from
posing the
snow route p
tions and as
look at parki
safety issue
side streets
Avenue and
yard.
Jones we
thanked the
from Troops
who were .in
He then thank
Initiatives for
related to IBM
vision to come
as well as fo
Terry Dugga
Council Mem
Michalski, Joh
Dan Nicholson
1 Cline for their fo
There being
' business, upon
City Council a
n IUn F
and City Manager rer om-
mending approval.
There being no public
comments, Connors
moved to close the Public
Hearing. Seconded by
Voetberg. Motion carried
5-0.
Motion by Voetberg to ta-
ble to February 2, 2009 a
proposed resolution ap-
proving plans, specifica-
tions, form of contract, and
estimated cost for, the Oak
Grove Sanitary Sewer and
Water Main Extension
Project; a proposed reso-
lution with respect to the
adoption of the Resolution
of Necessity proposed for
the Oak Grove Sanitary
Sewer and Water Main Ex-
tension Project; and a pro-
posed resolution approv-
ing schedule of assess-
ments and estimate of to-
tal cost for the Oak Grove
Sanitary Sewer and Water
Main Extension Project,
Seconded by Jones. Mo-
tion carried 5-0.
Upon motion the rules
were reinstated limiting
discussion to the City
Council.
ACTION ITEMS
reater Dubuque Devel-
ment Corporation: Rick
kinson, Executive Di-
or of the Greater Du-
ue Development Cor-
ation, 300 Main Street,
ided a verbal report on
activities of GDDC.
on by Jones to receive
file and express the
Council's gratitude.
nded by Connors.
on carried 5-0.
al Plat - English Ridge
ivision: Zoning Advi-
Commission recom-
ing approval of the fi-
lat of English Ridge
ivision as requested
glish Ridge LLC. Mo-
by Jones to receive
file. the documents
dopt Resolution No.
Approving Final Plat
glish Ridge Subdivi-
n the City of Dubu-
owa_ Seconded by
erg. Motion carried
working Warehouse
Agreement City
er recommending
al of an Agreement
ubuque Main Street
hiring of a Resource
pment Director for
working Warehouse
Motion by Jones
eive and file the
nts and approve
recommendation.
ed by Voetberg.
carried 4-0 with
abstaining.
uild Contract: City
r recommending
of the submission
ederal Youthbuild
plication. Motion
ors to receive and
ocuments and ap-
he recommenda-
onded by Jones.
arried 5-0.
arking: City Man-
ommending ap-
changes to the
ents permit ordi-
response to a re-
ffer valet parking
wntown business
Motion by
to consider the
g of a proposed
amending City
e Code of Ordi-
ections 33-21
2 to provide for
ng in the down-
ess district by
businesses to
special events
provide a plan
ance with the
with Disabilities
mericans with
Act Accessibili-
es. Seconded
Motion carried
L MEMBER
ORTS
reported on
he has re -
citizens op -
alternate -side
arking restric-
ked that staff
ng uphill and
s related to
University
Loras Boule-
lcomed and
Boy Scouts
69 and 48,
attendance.
ed Dubuque
their efforts
's recent de -
to Dubuque
rmer Mayor
n, former
bers Ann
n Markham,
, and Pat
rethought.
no . further
motion the
djourned at
Subscribed to before m
this day of
otary Public in and
otary Public in and
rp,n: MAR
Y s
Comn