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Proof of Publication City Council Meeting 2 16 09sion of 11124 and ?9/O8; Cable N Tele• 3ramming Commission /6 and 1120; City Con- nce Board of 3/10 and 'O8; City Council of 2/2, and 2/10; Human nts Commission of 4; Investmani Oversight ~isory Commission of Zoning Advisory Com- sion at 2!4 'roofs of publication of r Council Proceedings January 20 and 26, 19 and List of Claims i Summary of Revenues Month Ending Decem- 31, 2008 Carnegie-Stout Library and of Trustees Update n Meeting of January 2009 Jpon motion the docu- nts were received and Notice of Claims/Suits. tricia Gerhard for prop- y damage; Carolyn dlahan for vehicle dam- e; Randy Miller for prop- ydamage; Suellen Flynn vehicle damage; Gor• m and Kathy Dailey for hicle damage; Nicole miner for personal in- y; Patricia Gerhard for operty damage; Sara J. Iles for personal injury; ark Sarazin for property image; Jennifer Ney for hicle damage. Upon mo- m the documents wee ceived and filed and re- rred tothe Clty Attorney. City Attorney advising at the following claims eve been referred to Pub- ; Entity Risk Services of wa, the agent far the lo- o Communities Assur• ice Pool: Carolyn allahan for vehicle dam- 3e; Nicole Morgan for ersonal injury /vehicle omega; Kerry Massey for roperty damage; Patricia erhard for property dam- ge. Upon motion the ocuments were received, eel and concurred Citizen Communications: ommunication from Dan oge, 333 Villa Street, re- uesting acceptance of to completed sanitary ewer and water main sys- am for Pine Knoll Condo- Communication from Barbara Lombardi, 1398 White Street, regarding landlord /tenants in the Cityof Dubuque. Upon motion the docu- ments were received and filed and referred to the City Manager City Development Board: Communication fro Steve McCann, City Devel opment Board Admmistra tor, submitting the "Find ings of Fact and Conclu sions of Law and Determi nation" and the "Filing o Written Decision" in th matter of the City o Dubuque's voluntary an vexation. Upon motion th documents were receive and tiled. Civil Service Commis sion: Civil Service Com mission submitting th certified list for the post lions of Inspector II an Maintenanceworker. Upo motion the document were received and file and made a Matter of Re card. Oak Meadows Secon Addition Phase 4: Cit Manager recommendin acceptance of the publi improvements which th developer and owner, Ji Stack Realty and Co struction, has complete In Block 3 of Oak Mea ows Second Addaion Phase 4 (Doe Court) in t City of Dubuque, Iowa Upon motion the data menis were received and i tiled and Resolution No. 49-09 Accepting public improvements in Oak i Meadows Second Addition I and Resolution No. 50-09 ~ Accepting the grant of an i easement for sanitary sew- i er through, under and across Lots 3, 4, and 5 of Block 3 of Oak Meadows Second Addition in the City of Dubuque were adopted. 911 High Blutt Retaining Wall Repair Protect: City Manager recommending acceptance of the 911 High Bluff Retaining Wall Repair Project as complet- ed by Arensdorf Trucking & Excavating, Inc. in the fi- nal contract amount of $112,371.04. Upon motion the documents were re- ceived and filed and Reso- lution No. 51-D9 Accepting the 911 Hlgh Bluff Retain- ing Wall Repair Project and authorizing the payment of the contract amount to the contractor was adopted. Isaac Hanna Subdivision: City Manager recommend- ing acceptance of the san- itary sewer which the de- veloper, Isaac Hanna, LLC/George Isaac, has re- cently completed in the Isaac Hanna Subdivision, a commercial subdivision lo• toted between Old High- way Road and US High- way 20. Upon motion the documents were received and filed and Resolution No. 52-09 Accepting the sanitary sewer improve- ments in the Isaac Hanna Subdivision was adopted. Edwards Cast Stone Company: City Manager recommending accept- ance of the easements for a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 53-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2.1-1-1-1-1-1 of Mineral 4ot 510 in the City of Dubuque and Res- olution No. 54-09 Accept- ing the grant of an ease- ment -far sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of m the intersection at 16th • and Elm Streets from TLC - Properties, Inc., (dba - Lamar Advertising). Upon - motion the documents - were received and filed f and Resolution No. 55-09 e Accepting the grant of an f easement for sidewalk, un- - tlerground electric, fiber e optic cable, traffic signals d and other appurtenances through, under and across - pad of Lot 181 in East Du- - buque, an addition to the e City of Dubuque, Dubuque - County, Iowa, was edopt- d ed. n Dubuque Property Man- s agement, LLC: City Man- d agar recommending ac- - ceptance of the Grant of Easement from Dubuque d Property Management, y LLC, far installation of a g sanitary sewer between c Van Buren Avenue ant e University Avenue. Upor m motion the document: n- were received and filet d and Resolution No. 56-Of d- Accepting the grant of ar - easement for sanitary sew he er through, under ant across Dart of Lots 8, 9, 4f of Dubuque was j < Hempstead Traffic Sig- ~als - Acceptance of ~ Storm Sewer Easement: r ;sty Manager recommend- ~g acceptance of an ease- ; Went for a storm sewer r ilong Pennsylvania Ave- i we right-of-way west of I .ucy Drive from Gary and 1 3everly Brewer. Upon mc- ~ ion the documents were eceived and filed and I 3esolution No. 57-09 Ac• i ;opting the grant of an easement for storm sewer rver and across Lot 1 31ock 1 Sunset Park Fifth 4ddition in the City of Du- ouquewas adopted. Louise Street Bridge - 4cceptance of Warranty Deed: City Manager rec- ommending acceptance of the warranty deed for a parcel of property owned by James R. Foht (Lot 2-1 Evelyn Tharp Place In Min- eral Lot 324 m the City of Dubuque) necessary for reconstruction of the Louise Lane Bridge. Upon motion the documents were received and filed and Resolution No. 58-09 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from James R. Foht was adopted. Historic Federal Building - United States Depart- ment of Interior Letter: City Manager transmitting a let- ter from the United States Department of the Interior regarding the City's recent submittal of the Biennial Report for the Historic Federal Building. Upon motion the documents were received and filed. Plat of Survey - Northrange Industrial Park No. 3: Zoning Advisory Commission recommend- ing approval of the Plat of Survey of Northrange In• dusirial Park No. 3 as re- quested by Steve Smith. docu- motion the Upon ments were received and filed and Resolution No. 59.09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa, was adopted. Preliminary Plat - Tangle• wood Subdivision: Zoning Advisory Commission rec- . ommending approval of the Preliminary Plat of Tan- glewood Subdivision as re• quested by David Chapin/ Steve Schmidt. Upon mo- tion the documents were received, filed, and ap- proved. Land and Water Conser- valicn Fund (LWCF) Grant Application: City Manager recommending approval of the submission of a Land and Water Conservation Fund (LWCF) Grant appli- cation for the E.B. Lyons Center Expansion protect. Upon motion the docu• ments were received and filed and Resolution No. 60-09 Approving a LWCF grant appkcation to the Io- wa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted. Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of Cas• Cade, Iowa, in the amount of $183,087.50. Upon mo- tion the documents were received and filed and Resolution No. 61-09 Awarding public improve ment contract for the Floodwall Levee Slope dopted. i Subcontract with Helping ervices for Northeast lo• ra: City Manager recom• ' ~ending approval of a ubcontract with Helping Services for Northeast lo- ea regarding the enforce- nent of underage drinking aws by providing funding or alcohol compliance :hacks and monitoring of area liquor license holders. Jpon motion the docu- nents were received, tiled, tnd approved. Purchase of Property - ?268 Washington Street: pity Manager recommend- ng approval of the pur- •hase of a residential swelling located at 2268 Nashington Street as part ~f the acquisition program associated with the Bee 3ranch Creek Restoration project. Upon motion the iocuments were received and filed and Resolution No. 62-D9 Approving the acquisition of real estate located at 2268 Washing- ton Street in the City of Dubuque, Iowa, was adopted. 2008 Urban Revitalization Program Applications: City Manager recommending approval of 2008 Urban Revitalization Program ap- plications for residential property tax exemptions. Upon motion the docu- ments were received and filed and Resolution No. 63-09 Approving residen- tial property tax exemption applications submitted by property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessorwas adopted. Aerial Orthophotography Ae-Flight Project: City Manager recommending approval to negotiate and execute a contract with Pinnacle Technologies, t'not coin le io .far the Inc P the Digital Orthophoto- graphy, Digital Terrain Model, and Contour Crea- tion project. Upon motion the documents were re- ceived, filed, and the rec- ommendation approved. Medline Industries, Inc. - Amendment to Develop- ment Agreement: City Manager recommending approval of the second amendment to the Devel- opment Agreement with Medline Industries, Inc. to provide far a time exten- sion far LEED Certification to June 1, 2010. Upon mo- tion the documents were received and filed and Resolution Na. 64-D9 Ap- proving the second amendment to the Medline Industries, Inc. Develop- ment Agreement was adopted. Digital N Transition Up- date: City Manager provid- ing information on the digi- tal television transition. Upon motion the docu- ments were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request for Public, Educational, and Government (PEG) Capital Grant funds from Dubuque Community Schools foi editing software, a porta~ ble green screen, and < portable hard drive in on der to produce program ming at Jefferson Middlr School. Upon motion thf documents wore received tiled, and the recommen elation approved. Dubuque Stamping f Manufacturing, Inc. - En terprise Zone Progran ecommending approval of i proposed Enterprise :one Program Agreement or Dubuque Stamping & ~Aanufacturing, Inc. Upon notion the documents vere received and filed and Resolution No. 65-09 approving a master con- ract and Enterprise Zone grogram Agreement by and among the Iowa De- ~artment of Economic De- +elopment, the City of Du- cuque and Dubuque Stamping and Manufactur- ng, Inc., was adopted. City of Dubuque / Dubu- que Initiatives Develop- ment Agreement: Commu- nication from the City Manager to Leo Hickie, Dubuque Bank and Trust Company, regarding the Development Agreement between the City of Dubu- que and Dubuque Initia- tives. Upon motion the documents were received and filed. Signed Contracts: Park- ing Ramp Conceptual De- sign /Cost Estimate Con- tract. Upon motion the documents were received and filed. Liquor License Apolica- tiens: 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. 66-09 Granting the issu- ance of a Class "C" Beer Permit tc EI Paisano Gro- cery Store, Oky Doky #8 and Hartig Drug #8 and Resolution Nc. 67-09 Granting the issuance of a Class "C" Beer/Liqucr Li- cense to Tony's Place, Du- buque Eagles Club, Ham- merhead Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Min- ing Company, Silver Dollar Cantina, Gm Rickeys, Mr. Rogers Pub, The Club- house, and The Norihside Bar, LLC; Class °B" Wine Permit to Hartig Drug #8 and Oky Doky #8; and Class "W8N" (Native Wine) Permit to Cedar Cross Amoco were adopted. ITEMS TO BESET FOR PUBLIC HEARING Motion by Lynch 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 es prescribed by law. Seconded by Braig. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager rec- ommending that a public hearing be set }or March 9, 2009 to consider adoptlo of the Fiscal Year 201 Operating Budget and Fiv Year Capital Improvemen Program. Upon motion th documents were receive and filed and Resolutio No. 68-09 Setting the dot for the public hearing o the Fiscal Year 201 Budget for the Clty of Du buque and Resolution No. 69-09 Setting the date to the public hearing on th Five Year Capital Improve ment Program for Fisc Year 2010 through 201 for the City of Dubuqu were adopted setting public hearing for a meet ing to commence at 6:3 p.m. on March 9, 2009 i the Historic Federal Build BOARDSICOMMISSION Applicants are invited t address the City Count regarding their desire t serve on the followin r. Boards/Commissions: M chanical Code Board: Tw 3-year terms throng March 16, 2012 (farms to OS Office Service Dis- trict, with conditions. Seconded by Braig. Plan- ning Services Manager Laura Carstens provided a staff report and informed the Council that a site plan was not required for a rezoning. Motion carried 7- 0. 1985 ! 1989 Asbury Road - Planned Unit Develop- ment District Amendment: Procf of publication on no- tice of public hearing to consider a request from Straka Johnson Architects / Hillcrest Family Services to rezone property located at 1985 / 1989 Asbury Road from R-3 Moderate Density Multi-Family Resi- dential District to ID Insti- tutional District and Zoning Advisory Commission rec- ommending approval. Mo- tion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspend- ed. Seconded by Lynch. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 8- 09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Or- dinances No. 41-92, 55-OD and 18-03 and approving amended Campus Devel- opment Plan for a new chapel for the Hillcrest Family Services Institution- al District. Seconded by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 As- pen Drive, stated that Hill- crest plans to find a part- ner to purchase and move two rental properties cur• rent) owned by Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens provided a staff report Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the C-2 Neighbor- hood Shopping Center District to al ow "Passen- ger Transfer Facility" as a conditional use and Zoning Advisory Commission rec- ommending approval. Mo- tion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two n Council meetings prior to 0 the meeiing at which It is e to be passed be suspend- t ed. Seconded by e Vicetberg. Planning Serv- d ices Manager Laura n Carstens provided a staff e report. Resnick questioned n if area neighbors have 0 been notified. Carstens - stated that neighbors are not notified for text r amendments as they are e coy-wide. Neighbors withi - 200 feet are notified who al conditional use permits ar 4 requested through th e Zoning Board of Adjust a ment. Washington Neigh - boyhood representativ 0 Janice Craddleth, 163 n Washington Street, state - that allowing a passenge transfer facility would ben S efit the area residents an o businesses and thanke it Council for their consider o anon. Motion carried 7.0 g Motion by Voetberg for fi e- nal consideration and pas o sage of Ordinance No. 9 h 09 Amending Section 3 of 2.2(0) Appendix A (th r) Zoning Ordinance) of th e City of Dubuque Code velopment; Tiffany Willard, Recruitment Advertising Specialist, Telegraph Her- ald; and Sarah Horns, Di- rector ai Workforce Devel- opment, Greater Dubuque Development; of Dubuque Works. Motion by Connors to receive and file. Seconded by Jones. Rick Dickinson, 300 Main Street, provided an aal presentation on the con- cept of Dubuque Works and introduced the associ- ated staff. He explained the program's mission of recruiting, preparing, and retaining the area workforce for Dubuque's employers. Motion carried 7-0. Development Agreement and Incentive Agreement - International Business Ma- chines Corporation (Tabled on February 2, 2009): City Manager recommending approval of a Development Agreement between the City of Dubuque and Du- buque Initiatives and an In- centive Agreefent be- tween the City and Inter- national Business Ma- chines Corporation. Mo- tion by Braig to remove from the table. Seconded by Connors. Motion car- ried 7•D. Motion by Braig to re- ceive and filed the docu- ments and adopt Resolu- tion No. 74-09 Approving and authorizing execution of the Development Agree- ment between the City of Dubuque,lowa and Dubu- que Initiatives, and the in- centive Agreement be- tween the City and Inter- national Business Ma- chines Corporation. Seconded by Jones. Van Milligan provided addition- al information on the use and benefit of New Market Tax Credits. Economic De- velopment Director Dave Heiar provided additional information on the TIF re- bate. Mayor Buol specifl- callythanked City Attorney Lindahl for his work on this project. Motion carried 7-0 Historic Millwork District Master Plan: City Manager recommending approval of the Historic Millwork Dis- trict Master Plan, including the Demographic and Mar- ket Context and a Finan- cial Analysis Summary. Motion by Voetberg to re- ceive and file the docu• menu and adopt Resolu- tion No. 75-09 Adopting the Historic Millwork Dis- trict Master Plan. Seconded by Connors. Motion carried 7-0. Amendment to Code of Ordinances Chapter 5 - Al- cohol Regulations: City Manager recommending approval of the adoption of a new Chapter 5 -Alcohol Regulations to correct an error which occurred as a result of the Code of Ordi• nonce update. Motion by Connors to receive and file the documents and that the requirement that a pro posed ordinance be con sidered and voted on foi passage at two Counci n meetings prior to the n meeting at which it is to be e passed be suspended e Seconded by Braig. Mo - lion carried 7.0. Motion by Connors for fi e nal consideration and pas 5 sage of Ordinance No. 10 d 09 Amending the City o r Dubuque Code of Ordi - nanceS by repealing Chap d ter 5 Alcoholic Beverage: d and adopting a new Chap - ter 5 Alcoholic Beverage; in Ileu thereof. Seconder - by Braig. Motion carried 7 - 0. Chapter 46 -Taxicab Or - dinance Amendment: Cit e Manager recommending e approval of changes to ih of Taxicab Ordinance to pro not crucial to the Fiscal Year 2010 budget process. Council concurred that each member is to submit the name of one communi- ty member to the City Clerk who will facilitate the compensation task force. Lynch stated that he is in favor of the employee compensation increase but uncomfortable with an in-'ATE OF IOWA crease for City Council f Cy Cn Members at this time. lIJ1,7 Voetberg concurred with JBUQUE COUNTY Lynch adding that he would vote against atask- force recommended in• crease. Connors stated that the concept of each Council Member appoint- CERTIFICATION OF PUBLICATION ing a person of their choosing to a compensa- tion task force keeps the process open and trans- parent, and involves citi• zen input. Resnick concur- red wan connore adding1zanne Pike, a Billin ~ Clerk for Woodward Communications, Inc., an Iowa that it is about the incom- ing Council. Jones statedoratl0n ublisher of the Telegraph Hera1d,a newspaper of general circulation that he believed a task ~ p farce is the best directinnished in the Cit of Dubu ue, Count of Dubuque and State of Iowa; hereb and suggested a bi-weekly y q y y Salary pay schedule. Braig('y that the attached notice was published in said newspaper on the followin stated that she believes it is about the vale of pubfio;; February 25, 2009, and for which the charge is $353 09 ' service and concurred with Lynch but added that she preferred the idea of a task force to preserve continui- ty. Motion carried 4-3 with Lynch, Voetberg, and Braig voting nay. COUNCIL MEMBER REPORTS Braig reported on her re- _ cent trip to Washington D.C. with the Chamber of Commerce stating that the opportunity to speak with legislators was extremely worthwhile and beneficial to the City of Dubuque. Voetberg informed City Council that he has been appointed tome common- Abed to before me, a Notary Public in and for Dubuque County, Iowa, sty and Economic Develop- ,zi ,~ day Of ment Committee for the ~lo~yL_ 20 /1 9 National League of Cities. -~_ Connors reported that she has been appointed to the Human Development Committee for the National - Lea ue of Cities. 9 CLOSED SESSION Motion by Jones to gc in- to closed session at 8:11 p.m. regarding pending liti- gation pursuant to Chapter 21.5(1)(j) of the Code of Io- wa. Seconded by Voet- berg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:19 p.m. stating that they had given staff proper direction. There being nc further business, upon motion the City Council adjourned at 8:20 p.m. /s/Joanne F. Schneider, CMC, City Clerk Notary Public in and for Dubuque County, Iowa. ~~ lniri,~i n. rvcJICYtMtTL-H .. Commis~~~on Nwnbsr 164885 1'~;,~;, r~;r~, cyn FEB. 1, 2011 >rogramming Commission 49 >f 1/6 and 1/20; City Con- im erence Board of 3/10 and Mr 3/4/08; City Council of 2/2, an 2/9, and 2/10; Human Ac Rights Commission of ea 12/8; Investment Oversight er Advisory Commission of ac 2/5; Zoning Advisory Com- SI mission of 2/4 Proofs of publication of C City Council Proceedings ac of January 20 and 26, 2009 and List of Claims Ut and Summary of Revenues N for Month Ending Decem- h bar 31, 2008 Carnegie-Stout Library F Board of Trustees Update e from Meeting of January 8 22,2009 r Upon motion the docu- 3 menu were received and t filed. r Notice of Claims/Suits: I Patricia Gerhard for prop- t arty damage; Carolyn i Callahan for vehicle dam- age; Randy Miller for prop- erty damage; Suellen Flynn for vehicle damage; Gor- don and Kathy Dailey for vehicle damage; Nicole Lammer for personal in- jury; Patricia Gerhard for property damage; Sara J. Gilles for personal injury; Mark Sarazin for property damage; Jennifer Ney for vehicle damage. Upon mo- tion the documents wee received and filed and re- ferred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Carolyn Callahan for vehicle dam- age; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property dam- age. Upon motion the documents were received, filed and concurred Citizen Communications: Communication from Dan Bose, 333 Villa Street, re- CITY COUNCIL PROCEEDINGS The Dubuque Clty Coun- cil met in regular session of 6:30 p.m. on February 16, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligan, 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- 1y come before the City Council. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral 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: Airport Com ling acceptance of completed sanitary ~r and water main sys- for Pine Knoll Condo- Communication from larbara Lombardi, 1398 Vhite Street, regarding andlord /tenants in the ;ityof Dubuque. Upon motion the docu vents were received ant 'fled and referred to thf amity Manager City Development Board ^ommunication fron Steve McCann, City Devel opment Board Administra tor, submitting the "Find ings of Fact and Conch sions of Law and Determ nation" and the "Filing c Written Decision" in th matter of the City ~ Dubuque's voluntary ar vexation. Upon motion tt documents were receive and filed. Civil Service Commi sion: Civil Service Cor mission submitting tl certified Ilst for the po lions of Inspector II ai Maintenanceworker. Up motion the documer were received and fit and made a Matter of F cord. Oak Meadows Secc Addition -Phase 4: C Manager recommend acceptance of the put improvements which developer and owner, , Stock Realty and C struction, has comple In Block 3 of Oak Me ows Second Additior Phase 4 (Doe Court) in City of Dubuque, Ic Uoon motion the do nts were received and in the d and Resolution No. adopt 09 Accepting public He ~rovements in Oak Hats :adows Second Addition Storm J Resolution No. 50-09 City cepting the grant of an ing ac Bement for sanitary sew- ment through, under and along toss Lots 3, 4, and 5 of Hue Eck 3 of Oak Meadows Lucy ~cond Addition in the Beve ty of Dubuque were lion )opted. races 911 High Bluff Retaining Reso all Repair Project: City cepti anager recommending ease ;ceptance of the 911 over igh Bluff Retaining Wall Bloc epair Protect as complet- Addi j by Arensdorf Trucking buq Excavating, Inc. in the fi- L al contract amount of Acc 112,371.04. Upon motion Dee ~e documents were re- om eived and filed and Reso- the ~tion No. 51-09 Accepting part ne 911 High Bluff Retain- by J ig Wall Repair Prolect and Evel ruthorizing the payment of era) he contract amount to the Dub ;ontractor was adopted. rec Isaac Hanna Subdivision: Lou amity Manager recommend- mot ng acceptance of the Ban- vier tary sewer which the de- and veloper, Isaac Hanna, Ac LLC/George Isaac, has re- fain Gently completed in the Co Isaac Hanna Subdivision, a R. commercial subdivision lo- H Gated between Old High- - way Road and US High- me way 20. Upon motion the Ma documents were received ter and filed and Resolution De No. 52-09 Accepting the re sanitary sewer improve- su ments in the Isaac Hanna Re SubEa~ards Casto Stone me Company: City Manager w recommending accept- ance of the easements for N a sanitary sewer proposed N for Edwards Cast Stone C Company. Upon motion in the documents were re- S ceived and filed and Reso- d lotion No. 53-09 Accepting q the grant of an easement U for sanitary sewer over and across Lot 2-1-1-1-1-1-1 fit of Mineral I.ot 510 in the 5 City of Dubuque and Res- o olution No. 54-09 Accept- a ing the grant of an ease- I ment -for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of r the intersection at 16th and Elm Streets from TLC Properties, Inc., (dba - Lamar Advertising). Upon - motion the documents were received and filed ~f and Resolution No. 55-09 e Accepting the grant of an rf easement for sidewalk, un- i- derground electric, fiber e optic cable, traffic signals d and other appurtenances through, under and across ;- part of Lot 181 in East Du- ~- buque, an addition to the re City of Dubuque, Dubuque ri- County, Iowa, was adopt- rd ed. in Dubuque Property Man- us agement, LLC: City Man- ad agar recommending ac- e- ceptance of the Grant of Easement from Dubuque nd Property Management, sty LLC, for installation of a ng sanitary sewer between rlic Van Buren Avenue and he University Avenue. Upon lim motion the documents ~n- were received and filed led and Resolution No. 56-09 ad- Accepting the grant of an - easement for sanitary sew- the er through, under and via. across part of Lots 8, 9, 49 cu- and 50 of Lenox Addition ed. mpstead Traffic Sig- Services for Northeast lo- Manager recommend- subcontract with Helping right-of-way west of laws by providing funding rly Brewer. Upon mo- checks and monitoring of the documents were area liquor license holders. ved and filed and Upon motion the docu- lution No. 57-09 Ac- menu were received, filed, k 1 Sunset Park Fifth City Manager recommend- tion in the City of Du- ing approval of the pur- ue was adopted. chase of a residential noise Street Bridge - dwelling located at 2268 eptance of Warranty Washington Street as part d: City Manager rec- of the acquisition program mending acceptance of associated with the Bee onstruction of the located at 2268 Washing- cepting the deed to ter- Program Applications: City garding the City's recent fiat property tax exemptio ere received and filed. transmittal of the approve menu were received and the Digital Orthophot City of Dubuque, Iowa, ommendation app was adopted. Medline Industries, In ommending approval of app the Preliminary Plat of Tan- amendment to the De City of Dubuque was a 6uStcontract with Helping - Acceptance of via: City Manager recom- Sewer Easement: mending approval of a ceptance of an ease- Services for Northeast lo- for a storm sewer via regarding the enforce- Pennsylvania Ave- ment of underage drinking Drive from Gary and for alcohol compliance ng the grant of an and approved. ment for storm sewer Purchase of Property - and across Lot 1 2268 Washington Street: warranty deed for a Branch Creek Restoration el of property owned Project. Upon motion the ames R. Foht (Lot 2-1 documents were received yn Tharp Place in Min- and filed and Resolution Lot 324 in the City of No. 62-09 Approving the uque) 'necessary for acquisition of real estate ise Lane Bridge. Upon ton Sgreet inlotWa Cit was ion the documents Dubu ue, e received and filed adopted. Resolution No. 58-09 2008 Urban Revitalization real estate in Dubuque MP rogal of e2008 Urba9 only, Iowa from James a p Foht was adopted. Revitalization Program ap istoric Federal Building plications for residentia United States Depart- property tax exemptions nt of Interior Letter: City Upon motion the docu Hager transmitting stet- ments were received an from the United States filed and Resolution No. partment of the Interior 63-09 Approving residen bmittal of the Biennial applications submitted b port for the Historic property owners in recog data) Building. Upon nized urban revitalizatio otion the documents areas and authorizing th Plat of Survey - ' applications to the City A orthrange Industrial Park sessor was adopted. o. 3: Zoning Advisory Aerial Orthophotograph ommission recommend- Ae-Flight Project: Ci g approval of the Plat of Ma ro al tornegotate al urvey of Northrange In- app ustrial Park No. 3 as re- execute a contract vii nested by Steve Smith. Pinnacle Technologi pon motion the docu- Inc. for the completion ed and Resolution No. ra byy Digital Terr 9-09 Approving the Plat Model,~and Contour Cr f Survey of Lots 1 of 1 lion project. Upon moll nd 2 of 1 of Northrange the documents were ndustrial Park No. 3 in the ceived, filed, and rohved. Preliminary Plat -Tangle- Amendment to Devel wood Subdivision: Zoning ment Agreement: Advisory Commission rec- Ma ro al ofe the seo glewood Subdivision as re- opment Agreement quested by David Chapin/ Medline Industries, Inc. Steve Schmidt. Upon mo- provide for a time ext lion the documents were sion for LEED Certifica received, filed, and ap- to June 1, 2010. Upon proved. lion the documents Land and Water Conser- received and filed vation Fund (LWCF) Grant Resolution No. 64-09 Application: City Manager proving the sec recommending approval of amendment to the Me the submission of a Land Industries, Inc. Dave and Water Conservation ment Agreement Fund (LWCF) Grant appli- adopted. cation for the E.B. Lyons Digital TV Transition Center Expansion project. date: City Manager pr Upon motion the docu- ing information on the menu were received and tat television transi filed and Resolution No. Upon motion the d 60-09 Approving a LWCF menu were received grant application to the lo- filed. via Department of Natural PEG Capital Grant Resources for the E.B. penditure Request: Lyons Interpretive Center Manager recomme Expansion was adopted. approval of a reque Floodwall Levee Slope Public, Educational, Stabilization Project: City Government (PEG) C Manager recommending Grant funds from Du award of the contract for Community School the Floodwall Levee Slope editing software, a Stabilization Project to ble green screen, Eastern Iowa Excavating & portable hard drive Concrete, LLC of Cas- der to produce pro Cade, Iowa, in the an mnt SchooLt Uponr mots of $183,087.50. Upo lion the documents were documents were rec received and filed and filed, and the reco Resolution No. 61-09 dation approved. Awarding public improve- Dubuque Stamp ment contract for the Manufacturing, Inc. Floodwall Levee Slope terprise Zone Pr Stabilization Project was Agreement: City M a proposeu ,,,~,r,,.,,, --~ Zone Program Agreement Seca for Dubuque Stamping & Wing Manufacturing, Inc. Upon Laur+ motion the documents staff were received and filed the and Resolution. No. 65-09 was Approving a master con- rezo tract and Enterprise Zone 0. Program Agreement by 19! and among the Iowa De- - PI partment of Economic De- men velopment, the City of Du- Pro< buque and Dubuque lice Stamping and Manufactur- con. ing Inc., was adopted. Stra City of Dubuque /Dubu- / Hi que Initiatives Develop- to r ment Agreement: Commu- at nication from the City Der Manager to Leo Hickie, Dubuque Bank and Trust der Company, regarding the lull Development Agreement Ads between the City of Dubu- om que and Dubuque Initia- tiny lives. Upon motion the ant documents were received he and filed. Signed Contracts: Park- be ing Ramp Conceptual De- on sign /Cost Estimate Con- Cc tract. Upon motion the thr documents were received ed and filed. Liquor License Apolica- M lions: City Manager rec- f ommending approval of ne annual liquor license re- sa I newals as submitted. 04 Upon motion the docu- (tl menu were received and th d filed and Resolution No. of 66-09 Granting the issu- fc ante of a Class "C" Beer d n Permit to EI Paisano Gro- a y Gary Store, Oky Doky #8 a and Hartig Drug #8 and o n Resolution No. 67-09 c e Granting the issuance of a F d Class "C" Beer/Liquor Li- a s- tense to Tony's Place, Du- E buque Eagles Club, Ham- y merhead Bar/Billiards, ty Bootleggers Pub, Town I ng Clock Inn, Dubuque Min- c nd ing Company, Silver Dollar r th Cantina, Gin Rickeys, Mr. ~ es, Rogers Pub, The Club- i of house, and The Northside o- Bar, LLC; Class "B" Wine sin Permit to Hartig Drug #8 ea- and Oky Doky #8; and on Class "WBN" (Native Wine) re- .Permit to Cedar Cross ec- Amoco were adopted. ITEMS TO BE SET FOR c, _ PUBLIC HEARING op- Motion by Lynch to re- City ceive and file the docu- ing menu, adopt the resolu- ond lions, set the public hear- vel- ings as indicated, and di- with tact the City Clerks Pbed to lish notice as p en- by law. Seconded by lion Braig. Motion carried 7-0. mo- Fiscal Year 2010 Operat- were ing Budget and Five Year and Capital Improvement Pro- Ap- gram: City Manager rec- ond ommending that a public dline hearing be set for March 9, lop- 2009 to consider adoption was of the Fiscal Year 2010 Operating Budget and Five Up- Year Capital Improvement ovid- Program. Upon motion the digs- documents were received lion. and filed and Resolution ocu- No. 68-09 Setting the date and for the public hearing on the Fiscal Year 2010 Ex- Budget for the City of Du- City buque and Resolution No. nding 69-09 Setting the date for st for the public hearing on the and Five Year Capital Improve- apital ment Program for Fiscal buque Year 2010 through 2014 s for for the City of Dubuque ports- were adopted setting a and a public hearing for ameet- in or- ing to commence at 6:3C gram- p.m. on March 9, 2009 it Middle the Historic Federal Build on the ing. eived, BOARDS/COMMISSION: mmen- Applicants are invited tc address the City Count ing 8 regarding their desire t. - En- serve on the followin ogram Boards/Commissions: Me anager 9hyea al C edm Boar hroug - March 16, 2012 (Terms c \Nillanbora and Geisle Street. N in suppc PUBLIC HEARINGS Upon motion the rut were suspended allows anyone present to addre the City Council. 3520 • / 3522 Hillcrc Road -Request to Rezoi Proof of publication on r lice of public hearing consider a request fn Richard Strohmeyer / , seph Oberbroeckling rezone property locates 3520 / 3522 Hillcrest Rc from R-1 Single-Far Residential District to ' Moderate Density M~ Family Residential Dis' and Zoning Advisory C~ mission recommen< approval. Motion Connors to receive ant the documents and the requirement that a posed ordinance be r sidered and voted or passage at two Col meetings prior to meeting at which it is t I passed be suspen Seconded by Jones. lion carried 7-0. Motion by Connors f Hal consideration and sage of Ordinance N 09 Amending Appenc .(the Zoning Ordinanc the City of Dubuque of Ordinances by rec fying hereinafter desc orooertV located at with condrtrons. nets ~~~~ ~ ~~~ nded by Braig. Plan- Specialist, Services Manager aid; and i Carstens provided a rector of report and informed opment, ouncil that a site plan Developm not required for a Works. M ring. Motion carried 7- Secondee 5 / 1989 Asbury Road Dickinson anned Unit Develop- Street, p District Amendment: presentat f of publication on no- cept of of public hearing to and intro rider a request from sled sta ka Johnson Architects the prog (crest Family Services recruiting :zone property located retaining 1985 / 1989 Asbury workforc d from R-3 Moderate employe sity Multi-Family Resi- 7-0. list District to ID Insti- Develo mat District and Zoning and Inca isory Commission rec- Internati Wending approval. Mo- chines by Connors to receive on Febr I file the documents Ma yoga I that the requirement app t a proposed ordinance Agreem considered and voted City of for passage at two buque) until meetings prior to centive meeting at which it is tween t be passed be suspend- national Seconded by Lynch. chines rtion carried 7-0. lion by lotion by Connors for fi- from th I consideration and pas- by Co ge of Ordinance No. 8- tied 7- Amending Appendix A Moti ~e Zoning Ordinance) of ceive City of Dubuque Code menu Ordinances by providing lion N r the amendment of Or- and a nances No. 41-92, 55-00 of the rd 18-03 and approving ment vended Campus Devel- Dubuq ~ment Plan for a new qua In lapel for the Hillcrest centre amity Services Institution- tween District. Seconded by nation raig. Hillcrest Family chines ervices representative Secon iary Gansemer, 2223 As- Millig en Drive, stated that Hill- al inf rest plans to find apart- and b erto purchase and move Tax C wo rental properties cur- velop ently owned by Hillcrest Heiar rnd then replace them infor vith a chapel. Planning bate. services Manager Laura tally ;artsens provided a staff Linda eport. Motion carried 7-0. prH s City of Dubuque - Re- quest for Text Amend- Mast ment: Proof of publication reco on notice of public hearing the to consider a request from trict the City of Dubuque to the amend the C-2r NeiCenter c'al hood Shopp g District to allow "Passen- Moti gar Transfer Facility" as a tale conditional use and Zoning men Advisory Commission rec- lion ommending approval. Mo- the lion by Jones to receive trict and file the documents Sec and that the requirement Moti that a proposed ordinance A be considered and voted Ordi on for passage at two coh Council meetings prior to Ma the meeting at which it is app to be passed be suspend- Re ed. Seconded by Voetberg. Planning Serv- err ices Manager Laura yes Carstens provided a staff Wan report. Resnick questioned Co if area neighbors have the been notified. Carstens the stated that neighbors are po not notified for text std amendments as they are pa city-wide. Neighbors within me 200 feet are notified when me conditional use permits are pa requested through the Se Zoning Board of Adjust- do ment. Washington Neigh- borhood representative na Janice Craddieth, 1635 sa Washington Street, stated 09 that allowing a passenger Du transfer facility would ben- na efit the area residents and to businesses and thanked a I Council for their consider- to i ation. Motion carried 7-0 in I Motion by Voetberg for fi- b Hal consideration and pas- 0. sage of Ordinance No. 9- ~., 09 Amending Section 3- d ~f 2.2(D) Appendix A (the ~) Zoning Ordinance) of the a City of Dubuque Code of T Ordinances by adding v n Passenger Transfer Facili- p ~, ties as a conditional use in r. C-2 Neighborhood Com- t rt martial Shopping Center Districts. Seconded by t Braig. Motion carried 7-0. t .s Vacating of Property: rg Proof of publication on no- s lice of public hearing to consider the vacating of st Gillespie Street, Fink ie: Street and the adjacent al- o- ley, which are now located to within the West 32nd rm Street Detention Basin, lo- and City Manager recom- to mending approval. Motion at by Braig to receive and file ad the documents and adopt lily Resolution No. 70-09 Ap- 7-3 proving plat of Lot 1 of tlti- Gillespie's Second Addi- rict lion including the pro- im- posed vacated Gillespie ling Street, Fink Street, and ad- by jacent alley; and Resolu- file lion No. 72-09 Vacating :hat public interest in Gillespie xo- Street, Fink Street, and ad- on- jacent alley in the City of for Dubuque, Dubuque Coun- incil ty, Iowa. Seconded by the Lynch. Motion carried 7-0. ~ be Sewer Revenue Capital led. Loan Notes: Proof of publi- Mo- cation on notice of public hearing to consider the is- ~r fi- suance of not to exceed pas- $3,500,000 Sewer Reve- ~, 6- Hue Capital Loan Notes for lix A the planning and design of e) of the Water Pollution Control ;ode Plant renovation project assi- and City Manager recom- ribed mending approval. Motion 3520 by Connors to .reaer~e and Tiffany Willard, nc ~t Advertising Yc Telegraph Her- C~ Sarah Harris, Di- e< Workforce Devel- th Greater Dubuque ty ant; of Dubuque C otion by Connors c~ ive and file. L d by Jones. Rick fa 300 Main c rovided an oral u ion on the con- c Dubuque Works ~ doted the associ- ff. He explained L ram's mission of ~ preparing, and f the area c e for Dubuque's 1 rs. Motion carried i i pment Agreement ntrve Agreement - onal Busrness Ma- Corporation (Tabled uary 2, 2009): City r recommending I of a Development ant between the Dubuque and Du- nitiatives and an In- AgreePnent be- he City and Inter- Business Ma- Corporation. Mo- Braig to remove e table. Seconded nnors. Motion car- 0. on by Braig to re- and filed the docu- and adopt Resolu- o. 74-09 Approving uthorizing execution Development Agree- between the Crty of ue, Iowa and Dubu- itiatives, and the In- a Agreement b~- the Crty and Inter- al Busrness Ma- Corporation. dad by Jones. Van en provided addition- ormation on the use enefit of New Market redits. Economic De- ment Director Dave provided additional matron on the TIF re- Mayor Buol specifi- thanked City Attorney hl for his work on this ct. Motion carried 7-0 toric Millwork District er Plan: City Manages mmending approval o Historic Millwork Di& Master Plan, includinc Demographic and Mar Context and a Finan Analysis Summary on by Voetberg to re e and file the docu is and adopt Resolu No. 75-09 Adoptin Historic Millwork Dig Master Plai onded by Connor on carried 7-0. mendment to Code nances Chapter 5 - P of Regulations: Ci Hager recommendir roes) of the adoption ew Chapter 5 - Alcoh gulations to correct or which occurred as ult of the Code of Orc ce update. Motion I nnors to receive and 1 documents and tt requirement that a pr sad ordinance be cc eyed and voted on ssage at two Cour etings prior to t etng at which it is to ssed be suspendr conded by Braig. h n carried 7-0. Motion by Connors for I consideration and p ge of Ordinance No. Amending the City buque Code of O ~u ich e ter ~m /n ivo ~m nc re 1e oe yn eo or ;re ha ~D ng ;h io cr pa ze re th in th fo an sa st is s L fo ty L B c I t i I r. ~f I- Y 9 of rn a li- ~y ile at o- n- or Gil he be 'd. lo- fi- aS- crucial to the Fiscal 2010 budget process. ncil concurred that member is to submit name of one communi- member to the City k who will facilitate the pensation task force. ch stated that he is in r of the employee pensation increase but omfortable with an in- ~ ase for City Council ~j tubers at this time. tberg concurred with ch adding that he ,J~ old vote against atask- ce recommended in- ase. Connors stated t the concept of each until Member appoint- s person of their nosing to a compensa- n task force keeps the ocess open and trans- ient, and involves citi- n input. Resnick conc~r- d with Connors adding tZa at it is about the incom-- g Council. Jones stated Or, at he believed a task rte is the best directionlS~ d suggested a bi-weekly , lary pay schedule. Braig f sled that she believes it y about the value of public;; ervice and concurred with ynch but added that she referred the idea of a task rte to preserve continui- . Motion carried 4-3 with ynch, Voetberg, and raig voting nay. COUNCIL MEMBER REPORTS Braig reported on her re- ent trip to Washington D.C. with the Chamber of Commerce stating that the opportunity to speak with egislators was extremely worthwhile and beneficial o the City of Dubuque. Voetberg informed City Council that he has been , appointed to the Commun- ty and Economic Develop- ment Committee for the National League of Cities. Connors reported that she has been appointed to the Human Development Committee for the National League of Cities. CLOSED SESSION Motion by Jones to go in- to closed session at 8:11 p.m. regarding pending liti- gation pursuant to Chapter 21.5(1)(j) of the Code of Io- wa. Seconded by Voet- berg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:19 p.m. stating that they had given staff proper direction. There being no further business, upon motion the City Council adjourned at 8:20 p.m. /slJeanne F. Schneider CMC, City CIer4 10- oi ~di- r 5 Alcoholrc tfeverayes nd adopting a new Chap- r 5 Alcoholrc Beverages lieu thereof. Seconded y Braig. Motion carried 7- Chapter 46 -Taxicab Or- inance Amendment: City Manager recommending pproval of changes to the axicab Ordinance to pro- ide an exemption for non- rofit taxicab services and an exemption for charter ransportation. Motion by Jones to receive and file he documents and that he requirement that a pro- posed ordinance be con- sidered 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 Jones for final consideration and passage of Ordinance No. 11-09 Amending the City of Du- buque Code of Ordinances by repealing Chapter 46 Vehicles for Hire and Pub- lic Transportation and adopting a new Chapter 46 Vehicles for Hire and Public Transportation in lieu thereof. Seconded by Connors. Assistant City At- torney Crenna Brumwell clarified that these vehicles would be governed by Chapter 321 of the Iowa State Code for vehicle safety. Motion carried 7-0. Snow and Ice Gontrol Budget: City Manager sub- mitting an update on the current snow and ice con- frol budget and recom- mending that certain proj- ects be canceled and rebudgeted in Fiscal Year 2011. Motion by Lynch tc receive and file tho a °ihe menu and app recommendation. passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 6- 09 Amending Appendix A .(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single -Family IResidential District to R-3 Moderate Density Multi - Family Residential District. Seconded by Jones. Plan- ning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. 1225 Alta Vista Street - Request to Rezone: Proof of publication on notice of 1 public hearing to consider a request from Radio Du- buque, Inc. / Nativity Par- ish to rezone property lo- cated at 1225 Alta Vista Street from R-2 Two - Family Residential District a to OS Office Services Dis- trict, with conditions, and Zoning Advisory Commis- sion recommending appro- val. Motion by Lynch to re- ceive and file the docu- ments and that the re- quirement 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. 7-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located near the northeast corner of Univer- sity Avenue and Nevada Street from R-2 Two - Family Residential District mission of 11/24 and 12/29/08; Cable TV Tele- programming Commission of 1/6 and 1/20; City Con- ference Board of 3/10 and 8/4/08; City Council of 2/2, 2/9, and 2/10; Human Rights Commission of 12/8; Investment Oversight Advisory Commission of 2/5; Zoning Advisory Com- mission of 2/4 Proofs of publication of City Council Proceedings of January 20 and 26, 2009 and List of Claims and Summary of Revenues ty, Iowa. Seconded by Lynch. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publi, cation on notice of public hearing to consider the is- suance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 72- 09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes. Seconded by Braig. Mo- tion carried 7-0. Neighborhood Stabiliza- tion Program: Proof of publication of notice of public hearing to receive comments on an applica- tion to the Iowa Depart- ment of Economic Devel- opment (IDED) for Neigh- borhood Stabilization pro- gram funds and City Man- ager recommending ap- prdLal. Motion by Braig to receive and file the docu- ments and adopt Resolu- tion•No. 73-09 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program Funds was adopted. Upon motion the rules were reinstated limited dis- cussion to the City Coun- cil. ACTION ITEMS Dubuque Works: Rick Dickinson, Executive Di- rector of the Greater Du- buque Development Cor- poration, introduced Eileen LeMay, IBM Workforce Coordinator, Greater Du- buque Development; Shannon Gaherty, New- comer Relations Coordina- tor, Greater Dubuque De - Code of Ordinances and Chapter 321 of the Iowa State Code for vehicle safety. Motion carried 7-0. Snow and Ice Control Budget: City Manager sub- mitting an update on the current snow and ice con- trol budget and recom- mending that certain proj- ects be canceled and rebudgeted in Fiscal Year 2011. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 7-0. Fiscal Year 2010 Wage Plan and Compensation Package for Non - Bargaining Unit Employees and City Council Compen- sation Direction: City Man- ager recommending ap- proval of the Fiscal Year 2010 Wage Plan and Com- pensation Package for Non -Bargaining Unit Em- ployees and requesting di- rection regarding City Council compensation. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 76-09 Approving the Wage and Compensa- tion Package for Non - Bargaining Unit Employees for Fiscal Year 2010. Seconded by Jones. Mo- tion carried 7-0. Connors moved that the City Council appoint a compensation task force for the purpose of deter- mining annual compensa- tion for the incoming Council Members. Seconded by Resnick. Buol clarified ,that accord- ing to State Code, the year in which the majority of Council Members are up for election is when a sal- ary increase for the incom- ing Council is decided upon. With respect to scheduling, City Attorney Lindahl clarified that this decision cannot be made in November and Decem- ber per State Code. Van Milligen added that it was 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: February 25, 2009, and for which the charge is $353.09. UtAetypt-i/tel Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 64 day of �CP ii-,r� , 20 D,2 . Notary Public in and for Dubuque County, Iowa. rs MARY K. WESTERMEYER Commission Number 154885 is ,,�iy ('mmm. Fxn.FL'B, 1, 2011 11111 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on February 16, 2009 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. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in - mission of 11/24 and 12/29/08; Cable TV Tele- programming Commission of 1/6 and 1/20; City Con- ference Board of 3/10 and 8/4/08; City Council of 2/2, 2/9, and 2/10; Human Rights Commission of 12/8; Investment Oversight Advisory Commission of 2/5; Zoning Advisory Com- mission of 2/4 Proofs of publication of City Council Proceedings of January 20 and 26, 2009 and List of Claims and Summary of Revenues for Month Ending Decem- ber 31, 2008 Carnegie -Stout Library Board of Trustees Update from Meeting of January 22, 2009 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Patricia Gerhard for prop- erty damage; Carolyn Callahan for vehicle dam- age; Randy Miller for prop- erty damage; Suellen Flynn for vehicle damage; Gor- don and Kathy Dailey for vehicle . damage; Nicole Lammer for personal in- jury; Patricia Gerhard for property damage; Sara J. Gilles for personal injury; Mark Sarazin for property damage; Jennifer Ney for vehicle damage. Upon mo- tion the documents wee received and filed and re- ferred - ferred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Carolyn Callahan for vehicle dam- age; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property dam- age. Upon motion the documents were received, filed and concurred Citizen Communications: Communication from Dan Boge, 333 Villa Street, re- questing acceptance of the completed sanitary sewer and water main sys- tem for Pine Knoll Condo- miniums. Communication from Barbara Lombardi, 1398 White Street, regarding landlord / tenants in the City.of Dubuque. Upon motion the docu- ments were received and filed and referred to the City Manager City Development Board: Communication from Steve McCann, City Devel- opment Board Administra- tor, submitting the "Find- ings of Fact and Conclu- sions of Law and Determi- nation" and the "Filing of Written Decision" in the matter of the City of Dubuque's voluntary an- nexation. Upon motion the documents were received and filed. Civil Service Commis- sion:, Civil Service Com- mission submitting the certified list for the posi- tions of Inspector II and Maintenanceworker. Upon motion the documents were received and filed and made a Matter of Re- cord. Oak Meadows Second Addition - Phase 4: City Manager recommending acceptance of the public improvements which the developer. and owner, Jim Stock Realty and Con- struction, has completed in Ricck 3 of Oak Mea - hts were received and fl and Resolution No. `)9 Accepting public irovements in Oak Ndows Second Addition E Resolution No. 50-09 Aepting the grant of an Eement for sanitary sew- E through, under and Qss Lots 3, 4, and 5 of Eck 3 of Oak Meadows Sond Addition in the of Dubuque were apted. 11 High Bluff Retaining \1I Repair Project: City tnager recommending aeptance of the 911 h Bluff Retaining Wall air Project as complet- by Arensdorf Trucking Excavating, Inc. in the fi- ll contract amount of :12,371.04. Upon motion @ documents were re- gved and filed and Reso- lion No. 51-09 Accepting to 911 High Bluff Retain- ig Wall Repair Project and athorizing the payment of l contract amount to the cntractor was adopted. saac Hanna Subdivision: Qy Manager recommend- ig acceptance of the san- itry sewer which the de- vloper, Isaac Hanna, LC/George Isaac, has re- ontly completed in the laac Hanna Subdivision, a Ommerciai subdivision lo- ot ed High- vay led between9 fl h- US H vay Road and9 vay 20. Upon motion the mcuments were received aid filed and Resolution to. 52-09 Accepting the sanitary sewer improve- fients in the Isaac Hanna Subdivision was adopted. Edwards Cast Stone Company: City, Manager recommending accept- ance of the easements for a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 53-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2-1-1-1-1-1-1 of Mineral trot 510 in the City of Dubuque and Res- olution No. 54-09 Accept- ing the grant of an ease- ment for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of the intersection at 16th and Elm Streets from TLC Properties, Inc., (dba Lamar Advertising). Upon motion the documents were received and filed and Resolution No. 55-09 Accepting the grant of an easement for sidewalk, un- derground electric, fiber optic cable, traffic signals and other appurtenances through, under and across part of Lot 181 in East Du- buque, an addition to the City of Dubuque, Dubuque County, Iowa, was adopt- ed. Dubuque Property Man- agement, LLC: City Man- ager recommending ac- ceptance of the Grant of Easement from Dubuque Property Management, LLC, for installation of a sanitary sewer between Van Buren Avenue and University Avenue. Upon motion the documents were received and filed and Resolution No. 56-09 Accepting the grant of an in the City of Dubuque was adopted. Hempstead Traffic Sig- nals - Acceptance of Storm Sewer Easement: City Manager recommend- ing acceptance of an ease- ment for a storm sewer along Pennsylvania Ave- nue right-of-way west of Lucy Drive from Gary and Beverly Brewer. Upon mo- tion the documents were received and filed and Resolution No. 57-09 Ac- cepting the grant of an easement for storm sewer over and across Lot 1 Block 1 Sunset Park Fifth Addition in the City of Du- buque was adopted. Louise Street Bridge - Acceptance of Warranty Deed: City Manager rec- ommending acceptance of the warranty deed for a parcel of property owned by James R. Foht (Lot 2-1 Evelyn Tharp Place in Min- eral Lot 324 in the City of Dubuque) ` necessary for reconstruction of the Louise Lane Bridge. Upon motion the documents were received and filed and Resolution No. 58-09 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from James R. Foht was adopted. Historic Federal Building - United States ta tes Depart- ment art - ment of Interior Letter: City Manager transmitting 'a let- ter from the Un ited ted States Department of the Interior regarding the City's recent submittal of the Biennial Report for the Historic Federal Building. Upon. motion the documents were received and filed. Plat of Survey Northrange Industrial Park No. 3: Zoning Advisory Commission recommend- ing approval of the Plat of Survey of Northrange In- dustrial Park No..3 as re- quested by Steve Smith. Upon motion the docu- ments were received and filed and Resolution No. 59-09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa, was adopted. Preliminary Plat Tangle - wood Subdivision: Zoning Advisory Commission rec- ommending approval of the Preliminary Plat of Tan- glewood Subdivision as re- quested by David Chapin/ Steve Schmidt. Upon mo- tion the documents were received, filed, and ap- proved. Land and Water Conser- vation Fund (LWCF) Grant Application: City Manager recommending approval'of the submission of a Land and Water Conservation Fund (LWCF) Grant appli- cation for the E.B. Lyons Center'Expansion project. Upon motion the docu- ments were received and filed and Resolution No. 60-09 Approving a LWCF grant application to the Io- wa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted. Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of Cas- cade, Iowa, in the' amount of $183,087.50. Upon mo- tion the documents were received and filed and Resolution No. 61-09 adopted. Subcontract with Helping Services for Northeast Io- wa: City Manager recom- mending approval of a subcontract with Helping Services for Northeast Io- wa regarding the enforce- ment of underage drinking laws by providing funding for alcohol compliance checks and monitoring of area liquor license holders. Upon motion the docu- ments were received, filed, and approved. Purchase of Property 2268 Washington Street: City Manager recommend- ing approval of the pur- chase of a residential dwelling located at 2268 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. 62-09 Approving the acquisition of real estate located at 2268 Washing- ton Street in the City of Dubuque, Iowa, was adopted. 2008 Urban Revitalization Program Applications: City Manager recommending approval of 2008 Urban Revitalization Program ap- plications for residential property tax exemptions. Upon motio n o ' n the docu- ments were received and filed and Resolution No. 63-09 Approving residen- tial property tax exemption applications submitted by property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. Aerial Orth ophotog raphy .Re -Flight Project: City Manager recommending approval to negotiate and execute a contract with Pinnacle Technologies, for the completion pletion of the Digital Orthophoto- graphy Digital Terrain Model, and Contour Crea- tion project. Upon motion the documents were re- ceived, filed, and the rec- ommendation approved. Medline Industries, Inc. - Amendment to Develop- ment Agreement: City Manager recommending• approval ofthe second amendment to the Devel- opment Agreement with Medline industries, Inc. to provide for a time exten- sion for LEED Certification to June 1, 2010. Upon mo- tion the documents were received and filed and Resolution No. 64-09 Ap- proving the second amendment to the Medline Industries, Inc. Develop- ment Agreement was adopted. Digital TV Transition Up- date: City Manager provid- ing information on the digi- tal television transition. Upon motion the docu- ments were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request for Public, Educational, .and Government (PEG) Capital Grant funds from Dubuque Community Schools for editing software, a porta- ble green screen, and a portable hard drive in or- der to produce program- ming at Jefferson Middle School. Upon motion the documents were received, filed, and the recommen- dation approved. recommending approval of a proposed Enterprise Zone Program Agreement for Dubuque Stamping & Manufacturing, Inc. Upon motion the documents were received and filed and Resolution No. 65-09 Approving a master con- , tract and Enterprise Zone Program Agreement by and among the Iowa De- partment of Economic De- velopment, the City of Du- buque and Dubuque Stamping and Manufactur- ing, Inc., was adopted. City of Dubuque / Dubu- que Initiatives Develop- ment Agreement: Commu- nication from the City Manager to Leo Hickie, Dubuque Bank and Trust Company, regarding the Development Agreement between the City of Dubu- que and Dubuque Initia- tives. Upon motion the documents were received and filed. Signed Contracts: Park- ing Ramp Conceptual De- sign / Cost Estimate Con- tract. Upon motion the documents were received and filed. Liquor License Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as , submitted. Upon motion the docu- ment s were received and filed and Resolution No. 66-09 Granting the issu- ance of a Class "C" Beer Permit to El Paisano Gro- cery Store, Oky Doky #8 and Hartig Drug #8 and Resolution No. 67-09 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Tony's Place, Du- buque Eagles Club, Ham- merhead Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Min- ing Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub, The Club- house, and Th e North side Bar, LLC; Class "B" Wine Permit to Hartig Drug #8 and Oky Doky #8; and Class "WBN" (Native Wine) Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch 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 Braig. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager rec- ommending that a public hearing be set for March 9, 2009 to consider adoption of the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 68-09 Setting the date for the public hearing on the Fiscal Year 2010 Budget for the City of Du- buque and Resolution No. 69-09 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Year 2010 through 2014 for the City of Dubuque were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on March 9, 2009 in the Historic Federal Build- ing: BOARDS/COMMISSIONS Applicants are invited to address the City Counci .ory arAinn }hair d girA fn to OS Office Service Dis- trict, with conditions. Seconded by Braig. Plan- ning Services Manager Laura Carstens provided a staff report and informed the Council that a site plan was not required for a rezoning. Motion carried 7- 0. 1985 / 1989 Asbury Road - Planned Unit Develop- ment District Amendment: Proof of publication on no- tice of public hearing to consider a request from Straka Johnson Architects / Hillcrest Family Services to rezone property located at 1985 / 1989 Asbury Road from R-3 Moderate Density Multi -Family Resi- dential District to ID Insti- tutional District and Zoning Advisory Commission rec- ommending approval. Mo- tion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspend- ed. Seconded by Lynch. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 8- 09 Amending Appendix A. (the Zoning Ordinance) of the City of Dubuque e Code q providing Ordinanc es by of for the amendmt of Or- dinances No. 41-92, 55-00 and 18-03 and approving amended Campus Devel- opment Plan for a new chapel for the Hillcrest Family Services Institution- al District. Seconded by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 As- pen Drive, stated that Hill - crest plans to find a part- ner to purchase and move two rental properties cur- rently owned by Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens provided a staff report. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing' to consider a request from the City of Dubuque to amend the C-2 Neighbor- hood Shopping Center District to 'allow "Passen- ger Transfer Facility" as a conditional use and Zoning Advisory Commission rec- ommending approval. Mo- tion by Jones 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 suspend- ed. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Resnick questioned if area neighbors have been notified. Carstens stated that neighbors are not notified for text amendments as they are city-wide. Neighbors within 200 feet are notified when conditional use permits are requested through the Zoning Board of Adjust- ment. Washington Neigh- borhood representative Janice Craddieth, 1635 Washington Street, stated that allowing a passenge transfer facility would ben efit the area residents and businesses and thanked Council for their consider ation. Motion carried 7-0 velopment; Tiffany Willard, Recruitment Advertising Specialist, Telegraph Her- ald; and Sarah Harris, Di- rector of Workforce Devel- opment, Greater Dubuque Development; of Dubuque Works. Motion by Connors to receive and file. Seconded by Jones. Rick Dickinson, 300 Main Street, provided an oral presentation on the con- cept of Dubuque Works and introduced the associ- ated staff. He explained the program's mission of recruiting, preparing, and retaining the area workforce for 'Dubuque:s employers. Motion carried 7-0. Development Agreement and Incentive Agreement - International Business Ma- chines Corporation (Tabled on February 2, 2009): City Manager recommending approval of a Development Agreement between the City of Dubuque and Du - buque Initiatives and an In- centive Agreefent be- tween the City and Inter- national Business Ma- chines Corporation. Mo- tion by Braig to remove from the table. Seconded by Connors. Motion car- ried 7-0. Motion by Braig to re- ceive and filed the docu- mentsnd adopt Res olu- tion a P Approving 74-09 lion No. and authorizing execution Ag ree- ment of the Development 9 ment betweethe City of Dubuque, Iowa and Dubu- que Initiatives, and the In- centive Agreement be- tween the City and Inter- national Business Ma- chines Corporation. Seconded by Jones. Van Milligen provided addition- al information on the use and benefit of New Market Tax Credits. Economic De velopment Director Dave Heiar provided additional information on the TIF re- bate. Buol sp ecifi- cally Mayor P cally thanked City Attorney Lindahl for his work on this project. Motion carried 7-0 Historic Millwork District Master Plan: City Manager recommending approval of the Historic Millwork Dis- trict Master Plan, including the Demographic and Mar- ket Context and a Finan- cial Analysis Summary. Motion by Voetberg to re- ceive and file the docu- ments and adopt Resolu- tion No. 75-09 Adopting the Historic Millwork Dis- trict Master Plan. Seconded by Connors. Motion carried 7-0. Amendment to Code of Ordinances Chapter 5 - Ai= , 1< cohol Regulations: City Manager recommending approval of the adoption of a new Chapter 5 - Alcohol Regulations to correct an error which occurred as a result of the Code of Ordi- nance update. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 10- 09 Amending the City of r Dubuque Code of Ordi- nances by repealing Chap- ter 5 Alcoholic Beverages and adopting a new Chap- - ter 5 Alcoholic Beverages in lieu thereof. Seconded not crucial to the Fiscal Year 2010 budget process. Council concurred that each member is to submit the name of one communi- ty member to the City Clerk who will facilitate the compensation task force. Lynch stated that he is in favor of the employee compensation increase but uncomfortable with an in- ,L' 1 I OF IOWA crease for City Council j Members at • this time. Lynch concurred with J B U Q L. B COUNTY Lynch adding that he J �J V COUNTY 1 would vote against a task - force recommended in- crease. Connors stated that the concept of each Council Member appoint- ing a person of their choosing to a compensa- tion task force keeps the process open and trans- parent, and involves citi- zen input. Resnick concur - that it is about the red with Connors adding Pike, a Billing Clerk for Woodward Communications, Inc., an ing Council. Jones stated oration. publisher of the Telegraph Herald,a newspaper F general that he believed a tas' cir force is the best direction in the Cityof Dubuque, County of Dubuque and State of Iowa; and suggested a bi-weekly q Salary pay schedule. eraigfy that the attached notice was published in said newspaper on the fol stated that she believes it is about the value of public;: February 25, 2009, and for which the charge is $353.09: service and concurred with Lynch but added that she preferred the idea of a task force to preserve continui- ty. Motion carried 4-3 with Lynch, Voetberg, and Br aig voting nay. COUNCIL MEM BER REPORTS B9 rat reported on her re- cent trip to Washington D.C. with the Chamber of Commerce stating that the opportunity to speak with legislators was extremely worthwhile and beneficial to the City of Dubuque. Voetberg informed City Council that he has been appointed to the Commun- ity and Economic Develop- ,6603 day of ment Committee for the National League of Cities. Connors reported that she has been appointed to the Hu man Development Committee for the National League of Cities. CLOSED SESSION Motion by Jones to go in- to closed session at 8:11 p.m. regarding pending liti- te gation of thetCodetohoaf Io- wa. Seconded by Voet- berg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:19 p.m. stating that they had given staff proper direction. ' There being no further business, upon motion the City Council adjourned at 8:20 p.m. /s/Jeanne F. Schneider, CMC, City Clerk {SS: CERTIFICATION OF PUBLICATION J{474-/A€ 'ibed to before me, a Notary Public in and for Dubuque County, Iow , 20 D, . -32.24, Notary Public in and for Dubuque County, I $ MARY K. WESTERMEYER y:' Commission Numbsr 154885 F Vp,1y Comm. Fxn. 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 February 16, 2009 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. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral 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: Airport Com- have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Carolyn Callahan fgr vehicle dam- age; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property dam- age. Upon motion the documents were received, filed and concurred Citizen Communications: Communication from Dan Boge, 333 Villa Street, re- questing acceptance of the completed sanitary sewer and water main sys- tem for Pine Knoll Condo- miniums. Communication from Barbara Lombardi, 1398 White Street, regarding landlord / tenants in the City. of Dubuque. Upon motion the docu- ments were received and filed and referred to the City Manager City Development Board: Communication from Steve McCann, City Devel- opment Board Administra- tor, submitting the "Find- ings of Fact and Conclu- sions of Law and Determi- nation" and the "Filing of Written Decision" in the matter of the City of Dubuque's voluntary an- nexation. Upon motion the documents were received and filed. Civil Service Commis- sion:, Civil Service Com- mission submitting the certified list for the posi- tions of Inspector II and Maintenanceworker. Upon motion the documents were received and filed and made a Matter of Re- cord. Oak Meadows Second Addition - Phase 4: City Manager recommending acceptance of the public improvements which the developerand owner, Jim Stock Realty and Con- struction, has completed in Block 3 of Oak Mead- ows Second Addition - Phase 4 (Doe Court) in the City of Dubuque, Iowa. Upon motion the docu- snitary sewer improve- ments in the Isaac Hanna subdivision was adopted. Edwards Cast Stone Company: City Manager recommending accept- ance of the easements for a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 53-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2-1-1-1-1-1-1 of Mineral Lot 510 in the City of Dubuque and Res- olution No. 54-09 Accept- ing the grant of an ease- ment for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of the intersection at 16th and Elm Streets from TLC Properties, Inc., (dba Lamar Advertising). Upon motion the documents were received and filed and Resolution No. 55-09 Accepting the grant of an easement for sidewalk, un- derground electric, fiber optic cable, traffic signals and other appurtenances through, under and across part of Lot 181 in East Du- buque, an addition to the City of Dubuque, Dubuque County, Iowa, was adopt- ed. Dubuque Property Man- agement, LLC: City Man- ager recommending ac- ceptance of the Grant of Easement from Dubuque Property Management, LLC, for installation of a sanitary sewer between Van Buren Avenue and University Avenue. Upon motion the documents were received and filed and Resolution No. 56-09 Accepting the grant of an easement for sanitary sew- er through, under and across part of Lots 8, 9, 49 and 50 of Lenox Addition submittal of the Biennial Report for the Historic Federal Building. Upon motion the documents were received and filed. Plat of Survey - Northrange Industrial Park No. 3: Zoning Advisory Commission recommend- ing approval of the Plat of Survey of Northrange In- dustrial Park No. 3 as re- quested by Steve Smith: Upon motion the docu- ments were received and filed and Resolution No. 59-09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa, was adopted. Preliminary Plat Tangle - wood Subdivision: Zoning Advisory Commission rec- ommending approval of the Preliminary Plat of Tan- glewood Subdivision as re- quested by David Chapin/ Steve Schmidt. Upon mo- tion the documents were received, filed, and ap- proved. Land and Water Conser- vation Fund (LWCF) Grant Application: City Manager recommending approval of the submission of a Land and Water Conservation Fund (LWCF) Grant appli- cation for the E.B. Lyons Center Expansion project. Upon motion the docu- ments were received and filed and Resolution No. 60-09 Approving a LWCF grant application to the Io- wa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion was -adopted. Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of Cas- cade, Iowa, in the amount of $183,087.56. Upon mo- tion the documents were received and filed and Resolution No. 61-09 Awarding public improve- ment contract for the Floodwall Levee Slope Stabilization Project was applications SUVnnuou .,y property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. Aerial Orthophotography .Re -Flight Project: City Manager recommending approval to negotiate and execute a contract with Pinnacle Technologies, Inc. for the completion of the Digital Orthophoto- graphy,- Digital Terrain Model, and Contour Crea- tion project. Upon motion the documents were re- ceived, filed, and the rec- ommendation approved. Medline Industries, Inc. - Amendment to Develop- ment Agreement: City Manager recommending• approval of the second amendment to the Devel- opment Agreement with Medline Industries, Inc. to provide for a time exten- sion for LEED Certification to June 1, 2010. Upon mo- tion the documents were received and filed and Resolution No. 64-09 Ap- proving the second amendment to the Medline Industries, Inc. Develop- ment Agreement was adopted. Digital TV Transition Up- date: City Manager provid- ing information on the digi- tal television transition. Upon motion the docu- ments were received and filed. - PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request for Public, Educational, .and Government (PEG) Capital Grant funds from Dubuque Community Schools for editing software, a porta- ble green screen, and a portable hard drive in or- der to produce program- ming at Jefferson Middle School. Upon motion the documents were received, filed, and the recommen- dation approved. Dubuque Stamping & Manufacturing, Inc. - En- terprise Zone Program Agreement: City Manager and Hartig Drug #8 and Resolution No. 67-09 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Tony's Place, Du- buque Eagles Club, Ham- merhead Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Min- ing Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub, The Club- house, and The Northside Bar, LLC; Class "B" Wine Permit to Hartig Drug #8 and Oky Doky #8; and Class "WBN" (Native Wine) Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch 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 Braig. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager rec- ommending that a public hearing be set for March 9, 2009 to consider adoption of the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 68-09 Setting the date for the public hearing on the Fiscal Year 2010 Budget for the City of Du- buque and Resolution No. 69-09 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Year 2010 through 2014 for the City of Dubuque were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on March 9, 2009 in the Historic Federal Build- ing. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Me- chanical Code Board: Two 3-year terms through, March 16, 2012 (Terms of Willenborg and Geisler) Background/Experience requirement). Applicants: David Grothe, 2544 Elm Street; Corey Valaskey, 1787 Lawndale Street. Mr. Valaskey spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 3520 • / 3522 Hillcrest Road - Request to Rezone: Proof of publication on no- tice of public hearing to consider a request from Richard Strohmeyer / Jo- seph Oberbroeckling to rezone property located at 3520 / 3522 Hillcrest Road from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential District and Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- -sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 6- 09 Amending Appendix A _(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential District. Seconded by Jones. Plan- ning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. 1225 Alta Vista Street - Request to Rezone: Proof of publication on notice of public hearing to consider a request from Radio Du- buque, Inc. / Nativity Par- ish to rezone property lo- cated at 1225 Alta Vista Street from R-2 , Two - Family Residential District to OS Office Services Dis- trict, with conditions, and Zoning Advisory Commis- sion recommending appro- val. Motion by Lynch to re- ceive and file the docu- ments and that the re- quirement 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. 7-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located near the northeast corner of Univer- sity Avenue and Nevada Street from R-2 Two - Family Residential District opment Plan for a new chapel for the Hillcrest Family Services Institution- al District. Seconded by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 As- pen Drive, stated that Hill - crest plans to find a part- ner to purchase and move two rental properties cur- rently owned by Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens provided a staff report. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing` to consider a request from the City of Dubuque to amend the C-2 Neighbor- hood Shopping Center District to 'allow "Passen- ger Transfer Facility" as a conditional use and Zoning Advisory Commission rec- ommending approval. Mo- tion by Jones 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 suspend- ed. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Resnick questioned if area neighbors have been notified. Carstens stated that neighbors are not notified for text amendments as they are city-wide. Neighbors within 200 feet are notified when conditional use permits are requested through the Zoning Board of Adjust- ment. Washington Neigh- borhood representative Janice Craddieth, 1635 Washington Street, stated that allowing a passenger transfer facility would ben- efit the area residents and businesses and thanked Council for their consider- ation. Motion carried 7-0 Motion by Voetberg for fi- nal consideration and pas- sage of Ordinance No. 9- 09 Amending Section 3- 2.2(D) Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding Passenger Transfer Facili- ties as a conditional use in C-2 Neighborhood Com- mercial Shopping Center Districts. Seconded by, Braig. Motion carried 7-0. Vacating of Property: Proof of publication on no- tice of public hearing to consider the vacating of Gillespie Street, Fink Street and the adjacent al- ley, which are now located within the West 32nd Street Detention Basin, and City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt. Resolution No. 70-09 Ap- proving plat of Lot 1 of Gillespie's Second Addi- tion including the 'pro- posed vacated Gillespie Street, Fink Street, and ad- jacent alley; and Resolu- tion No. 72-09 Vacating public interest in Gillespie Street, Fink Street, and ad- jacent alley in the City of Dubuque, Dubuque Coun- ty, Iowa. Seconded by Lynch. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publi cation on notice of public hearing to consider the is- suance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 72- 09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes. Seconded by Braig. Mo- tion carried 7-0. Neighborhood Stabiliza- tion Program: Proof of publication of notice of public hearing to receive comments on an applica- tion to the Iowa Depart- ment of Economic Devel- opment (IDED) for Neigh- borhood Stabilization pro- gram funds and City Man- ager recommending ap- prdt.eal. Motion by Braig to receive and file the docu- ments and adopt Resolu- tion.No. 73-09 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program Funds was adopted. Upon motion the rules were reinstated limited dis- cussion to the City Coun- cil. ACTION ITEMS Dubuque Works: Rick Dickinson, Executive Di- rector of the Greater Du- buque Development Cor- poration, introduced Eileen LeMay, IBM Workforce Coordinator, Greater Du- buque Development; Shannon Gaherty, New- comer Relations Coordina- tor, Greater Dubuque De- que irnuauvn, e a centive Agreement be- tween the City and Inter- national Business Ma- chines Corporation. Seconded by Jones. Van Milligen provided addition- al information on the use and benefit of New Market Tax Credits. Economic De velopment Director Dave Heiar provided additional information on the TIF re- bate. Mayor Buol specifi- cally thanked City Attorney Lindahl for his work on this project. Motion carried 7-0 Historic Millwork District Master Plan: City Manager recommending approval of the Historic Millwork Dis- trict Master Plan, including the Demographic and Mar- ket Context and a Finan- cial Analysis Summary. Motion by Voetberg to re- ceive and file the docu- ments and adopt Resolu- tion No. 75-09 Adopting the Historic Millwork Dis- trict . Master Plan. Seconded by Connors. Motion carried 7-0. Amendment to Code of Ordinances Chapter 5 - Al- cohol Regulations: City j Manager recommending approval of the adoption of a new Chapter 5 - Alcohol Regulations to correct an error which occurred as a result of the Code of Ordi- nance update. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 10- 09 Amending the City of Dubuque Code of Ordi- nances by repealing Chap- ter 5 Alcoholic Beverages and adopting a new Chap- ter 5 Alcoholic Beverages in lieu thereof. Seconded by Braig. Motion carried 7- 0. Chapter 46 - Taxicab Or- dinance Amendment: City Manager recommending approval .of changes to the Taxicab Ordinance to pro- vide an exemption for non- profit taxicab services and an exemption for charter transportation. Motion by Jones to receive and file the documents. and that the requirement that a pro- posed ordinance be con- sidered 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 Jones for final consideration and passage of Ordinance No. 11-09 Amending the City of Du- buque Code of Ordinances by repealing Chapter 46 Vehicles for Hire and Pub- lic Transportation and adopting a new Chapter 46 Vehicles for Hire and Public Transportation in lieu thereof. Seconded by Connors. Assistant City At- torney Crenna Brumwell clarified that these vehicles would be governed by Chapter 32 of the City Code of Ordinances and Chapter 321 of the Iowa State Code - for vehicle safety. Motion carried 7-0. Snow and Ice Control Budget: City Manager sub- mitting an update on the current snow and ice con- trol budget and recom- mending that certain proj- ects be canceled and rebudgeted in Fiscal Year 2011. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 7-0. Fiscal Year. 2010 Wage Plan and Compensation Package for Non - Bargaining Unit Employees and City Council Compen- sation Direction: City Man- ager recommending ap- proval of the Fiscal Year 2010 Wage Plan and Com- pensation Package for Non -Bargaining Unit Em- ployees and requesting di- rection regarding City Council compensation. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 76-09 Approving the Wage and Compensa- tion Package for Non - Bargaining Unit Employees for Fiscal Year 2010. Seconded by Jones. Mo- tion carried 7-0. Connors moved that the City Council appoint a compensation task force for the purpose of deter- mining annual compensa- tion for the incoming Council Members. Seconded by Resnick. Buol Clarified .that accord- ing to State Code, the year in which the majority of Council Members are up for election is when a sal- ary increase for the incom- ing Council is decided upon. With respect to scheduling, City Attorney Lindahl clarified that this decision cannot be made in November and Decem- ber per State Code. Van Milligen added that it was opportunity ti legislators w worthwhile a to the City of Voetberg Council that appointed to ity and Econ( ment Comn National Leal Connors she has bee( the Human Committee f, League of Ci CLOSED Motion by to closed s( . p.m. regardii gation pursu 21.5(1)0) of 1 wa. Seconc berg. Motior Upon m Council re open sessic stating that staff proper There be business, ul City Counc 8:20 p.m. /s/Jeanr