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Proof of Publication_City Council Proceedings 4 20 09cITY of DusuQuE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 20, 2009 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O'Brien Mayor Buol read the call and stated this is a special session of the City Council to discuss the Washington Neigh- borhood Plan, WORK SESSION ctor David Harris educed the staff .Summary n, Americorps and Harris recommended a volunteers, and the creation of a en coordinating Washington Neighbor- imittee attendees hood Development were involved m Corporation (WNDC) planning process. and its mission to ~is then provided a implement the Wash- ory of the ington Neighborhood ~hington Neigh- ti d R i li Strategic Plan, stra- ev ta za on ioo tegy, goal and mechan- e its kick-off in ism. Potential funding i highlighting the sources include Dubu- Ihborhood's many Neigh- que Initiatives :essful projects, , borhood Development rds, businesses, Corporation/Neighbor nerships, activities, Works partnership, programs. direct City allocation, icott Goldstein of Community Foundation as Associates,Evan- presented i Illinois of Greater Dubuque, l/ t t f d , , Washington Neigh- s a e era e and grants and founda- iood Plan. High- tions. is included: City Council stated •Overview of the they were impressed ming process with the amount of 'Planning process work and the level of ~ chart innovation related to progress & accom- the plan. The concept hments of a Business Owner ision to projects Association was posi- ~ighborhoodcharac- stics tively received. Fol- d i di ind use and zoning on an scuss lowing a question/answer per- eighborhaod Assets d t f i iod, the City Council jacen areas o n- reached consensus on nce recommending starting lousing characteris- the process toward creating the Washing- Economic potential ton Neighborhood lysis Development Corpor- Major plan recom- ation. idations There begin no 'Business support further business, upon development motion the City Council `Youth/family sup- adjourned at 6:01 p.m. t and programs /s/Kevin S.Firnstahl 'Housing and imunity develop- rt Assistant City Clerk It 5/1 - STA i ~: OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike. a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telel,~aph 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: May I, 2009, and for which the charge is $34.06. 6 ./ - Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ~,~ day of -~% ~~/,~ , 20 O y' . v ~ Notary Public in and for Dubuque County, Iowa. Y ~"'"` p MARY K. WESTERMEYER j . ~ Commission Number 154885 -a,... My Comm, Exp. FEB, 1, 2011 clnoFDUeuQuE, STA t h: OF IOWA {SS: IOWA Cln COUNCIL PROCEEDINGS DUBUQUE COUNTY OFFICIAL The Dubuque City Council met in special session at 4:30 p.m. on May 1, 2009 in Con- ference Room B, city and International Bus- CER l 11' iCATION OF PUBLICATION Hall. mess Machines Corpor- Present: Mayor Buol, ~tion (Employer) have Council Members .entered into an Incen- Braig, Connors, Jones, tives Agreement Ethe Lynch, Resnick, City Agreement) dated Feb- Manager Van Milligen, ruary 16, 2009; and City Attorney Lindahl Whereas, the Agree- I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa Absent: Council Mem- ment is subject to the ber Voetberg condition that Employ- COrpOratlOn, publisher of the Telegraph Herald,a newspaper of general circulation Mayor Buol read the er may terminate the call and stated this is a Agreement at any time published in the City of Dubuque, County of Dubuque and State of Iowa; hereby special session of the on or before May 1, city councu to act zoo9 in the event Em- certify that the attached notice was published in said newspaper on the following upon such business lover determines that that may properly ~nancial assistance dates: May 6, 2009, and for which the charge is $32.74. come before the City •arith the State of Iowa Council. Department of Econo- ACTION ITEM mic Development (the First amendment to IDED Assistance) is Incentives Agreement unsatisfactory to Em- with International plover; and Business Machines Whereas, documenta- ~~ Corporation (IBM): City tion for the IDED Manager recommend- Assistance has not ing approval of the been finalized by First Amendment to Employer and IDED; the Incentives Agree- and ment with IBM extend- Whereas, City and ing the deadline for Employer desire to finalizing the IDED. amend the Incentives assistance agreement agreement to extend to July 1, 2009. Motion the termination date to by Lynch to receive July 1, 2009. and file the doCUmentS NOW, THEREFORE, BE Subscribed to before i a Notary Public in and for Dubuque County Iowa anct adopt Resolution IT RESOLVED BY THE ' ' No. 136-09 Approving CITY COUNCIL OF THE the First Amendment CITY OF DUBUQUE, th1S ~ day of ~~ , 20 D 9 . tothe Incentives Agree- IOWA AS FOLLOWS: ~ ~ ~ ment between the City Section 1. The First of Dubuque, Iowa, and amendment attached '////,/, International Business hereto is hereby ~~e/~~ Machines Corporation. approved. Seconded by Braig. passed, approved-and Motion carried 6.0. adopted this 1st day. of - RESOLUTION May, 2009. NO. 136-09 Roy D. Buol, Mayor Notar Public in and for Dubu ue Count IOWA. APPROVING THE Attest Jeanne F. }~ q Y~ FIRST AMENDMENT Schneider, CMC, TO INCENTIVES City Clerk AGREEMENT There being no BETWEEN THE Cln further business, upon OFDUBUQUE,IOWA, motion the City Council ~'^`"` ~ MARY K. YYESTE`'sMEYE'R AND INTERNATIONAL adjourned at 4:36 p.m. ~ COmm1SS10fl NumbOr 154885 BUSINESS MACHINES /s/Kevin S. Firnstahl ~_' CORPORATION gssistantCityClerk ., My Comm. Exp. FEB. 1, 2011 Whereas, the City of it 6/6 Dubuque, Iowa (City) Pledge of Allegiance Invocation was pro- vided by Reverend Loren Hirschy, Word of Life Church. PROCLAMATIONS Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the American Legion Post 6, 1306 Delhi Street. Rotary Foundation Group Study Exchange Days (May 2-6, 2009) was accepted by Geri Shafer, 1207 Adeline Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports V Isio ++` Iowa*Board ; Chair, advising that the Vision Iowa Board intends to award the City of Dubuque and E the Friends of the E Mines of Spain a E Community Attraction and Tourism Grant of $440,000 on behalf of the E.B. Lyons Inter- 8 pretive Center Expan- sion Project. Upon motion the E documents were re- E ceived and filed and E Resolution No. 124-09 Authorizing execution of CAT Grant Agree- ment for E.B. Lyons Interpretive Center Expansion Project was E adopted. Population of E Annexed Areas: City E ),GCC., V - v'nv,4W.I-. i,183.00 FREUND, THC 1,448.46 FRIEDMAN, D 3,992.14 FRIEDMAN, P 3,791.75 FRITH, THOM' 700.90 FRITSCH, ROI ,362.60 FROMMELT, P. ,843.73 FUCHS, STEM ,186.59 FUERSTE, MPS ,573.31 FUGLSANG, E ,; ,299.87 FURLONG, III. ,178.24 GAHERTY, TE� ,978.48 GANSEN, DAtr f; ,701.47 GANSEN, WIL ,080.18 GARDNER, TY- fE ,394.40 GARDUNO, Pia fE ,394.26 GARIEN, JOSF,_ IE 175.22 GARRITY, SUEE E 372.14 GASPER LISAt 773.96 GAU, CHARLEN ' 207.00 GEDNALSKI, Re 1E 680.12 GEHL, RANDYst �8 500.75 GEORGE, TEGer 79 262.25 GEORGE, TIFFIn d8 312.92 GEORGE-AYEF1e dfl 1-,41ZC17 Qe AV 9 1 GOad3r 'NOSNI)i1V SIIIAHd 'dt1O0SN3LIV 9 r dlllHd 'daOOSN3tV 9 r AabVO `dU00SN3EJV r and air. CTRIC Itubuque m• "Little yiwer -tires, 1072 !igh rake, new. 1 radial d. 250 seder, r0 ft. 1127 Pledge of Allegiance Invocation was pro- vided by Reverend Loren Hirschy, Word of Life Church. PROCLAMATIONS Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the American Legion Post 6, 1306 Delhi Street. Rotary Foundation Group Study Exchange Days (May 2-6, 2009) was accepted by Geri Shafer, 1207 Adeline Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Ater Motion carried 7-0. Minutes and Reports je Submitted:' City Coun- cil of 4/6; Civil Service Commission of 1/30; Historic Preservation Commission of 3/19; Zoning Advisory Com- mission of 3/25 and 4/1; Zoning Board of Adjustment of 3/3 and 3/26. Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: City Attorney advising that the following claim has been referred to Public Entity Risk Services"of Iowa, the agent for the Iowa Communities Assurance Pool: William Enk'for vehicle damage. Upon motion the document was received, filed, and concurred. Indiana Subdivision: City Manager recom- mending acceptance of the public improve- ments which the developer, KZ Invest- ments, LLC, has )N recently completed in N Indiana Subdivision. PLAN Upon motion the Com- documents were iment received and filed and iarris Resolution No. 121-09 staff Accepting improve- ; and ments in Indiana and Subdivision was ac- iating cepted. idees IDOT Agreement for ed in Traffic Safety Improve- icess. ment Funding: City Jed a Manager recommend - the ing ,approval of the leinh- A • r '5.7154 333 QUE, IL d5 City pecial m. on n the Build- Buol, Braig, .ynch, ;, City Iligen, orney d the is is a if the scuss leigh- ime,a nonartmonf of ti '.Ctl lse id se tt itC� �rS nt a: ne In ns to the Zoning Advisory Commission. William Wells, 15945 Asbury Road, of Bisping Realty and Lange Family estate representative, spoke in support of the proposed rezoning. Planning Services Manager Laura Car- stens provided a staff report. Motion carried 7-0 Motion by Connors for final consideration and passage of Ordinance No. 19-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclass- stions ifying property located il, City at the 3225 Pennsyl- ihoyos vania Avenue from R-1 it was Single -Family Resi- It resi- dential District to PUD roperty Planned Unit Develop- e alter- ment District with a PR nt of a Planned Residential I not in - District Designation, require - and adopting a Con- JI side- ceptual Development ¢I the Plan for Applewood t pro - Senior Housing Phase pers do 3. Seconded by Braig. Ing site Motion carried 7-0. 1h the Hillcrest Family Ser- iDepart- vices In Inctlly`j.....L ,wQtAird .._ �iw� � �,du� , a 1sou SE-l6 9M y9eeol-uMop l u pue 9J90 uo 6uppoM a 'neg uMoJq '„l l9 ' WM 3V3HV1 u11.11 awes NI u! pelse4al 001'WOW pue 6u!laegM 'sJoopino ayi S$A0 ',99 '9Z 'WMS 9J908S HSON3Iad OL0998. 9994 Alq!ssod 'ism; d!gspueu; Jo; 6uolooi '9l 'WMS noA 311V ,. is/ !}diuspueu{Jo; 'ez 0 6u1o6 pue eidoed Meu Iq 'sglg4l 99 'ea 'INS 3a31N1. Jow 10 d!yspuau;10i'0S 000 '644s4'lood 'siiep oou'„01,9'09'WMS 0S S,131 ow Alq!ssod'd!yspuepi 001 •6u!pis-le!'sepA0Jo1 (11o2 '2Z,9 'E9 wdMS 130 01 ASV3 L68897.41 'slue^^ saag i0 pep lou s! oqM ool 'pInq 0nalyle 'suIJe 'S/N .,Z,9 '8Z 'MS I S,131 618C94.. 9E `.dMS alnlew 6u! 08-s09 '(ue; sAeS!MeH) gI94Z „4,9 '89 'WMS IH S,131 89498ZS'EZ-94 1.0!snw '64ep `se!now lyo ou'S/N',9'OZ `WMS Ola 3H1 L08Z9ZS. se!now 'ino 6u!u!p Jo; eew of slue^^ 'u9Jelan u 'sg10ZZ ',9 'Z9 'WMS 13aVHS 16480C43. ?„Linn sMou9! pue 1Seuo1 g 6uPieeS 'spue!y pue 2unn-,nn, .Budwea '6ui i and SOwn bers ht are DUBUQUE COUNTY llinois and STATE OF IOWA {SS: 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: May 1, 2009, and for which the charge is $357.19. -All A4uno0 '6u!peo.. '6u!uappt sAo!ue 'peAoldwa-pas `sg10L1 10A 5,113d( 9Lo46Za,'an elq!ssod'dly Joopino 'ino bump 'ewog le s '99-9C'MS 0n48e43e 6uNees poo6 '6u tool-poo6 'sg100Z ', a31NIOddVSIO 381, 01490C43.'s>i 'sawn Iamb Aofue 1 OIOW -10 04 dMS was 'Joule; 'ueeJ6,puc V31:IV 3H101 A -uonela4 elq!ssod Jo; '94-9E 'd 'pot 60Aeld'srq'se!now seep 'spIN 8Wyl'euole sen!! 'sgloor 10A 133181 01 ON CA-":)2-44--vLe_ 71?-44( 996L19i,'an elgSubscribed to before me, a Notary Public in and for Dubuque County, Iowa, sisaJatu! Je!!w!s ypM 's>fool s44a dMS 6up!eaS'JeH'syop!>thds' 71s day of 'selnow '6u!pe0J sAofua 's�� 'JeuMoewoy 'ino-ueel0 'sgIOEZ L. 10AHad A110P 49Z4OC,'01si am! ism 'awn poo6 a envy of -MO SI o4M'S/N'04.1Z YMS s AOSMOO !uni aney pue mar s,ysl •sx '6ugMoq 'sdul Aep sAofue oy '9E-88'uewo9 6u!o6Asee sjai 133W 5,131 'all elq!ss0d uayle6o1 sawn -04 'dMS 6u!xees 'sa!now -pno 'spueq 6u!p!oq 's,!leM sJ 'iseuoy 'Jemows l4611 'sg19Z9 SONIH131dLNIS 08 -eta, e!gissod 'is g d!yspuau; J ex); 6uplool'Auedwo0 u^^o sit 113301 S,13 S6LEL8 9801Jey� dAN8S 6u!puelslapun 'le!0ac pue 6u!uuru '0!snw `6u4lq ' sAofue'ucies!p s!y pwpe 318VHIS3a 109 a 9CL19Z43,' iucouau, Jni 'ON no -a .1. ,20_. otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER . Commission Number 154885 ,owr: My Comm. Exp. FEB, 1, 2011 Pledge of Allegiance Invocation was pro- vided by Reverend Loren Hirschy, Word of Life Church. PROCLAMATIONS Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the American Legion Post 6, 1306 Delhi Street. Rotary Foundation Group Study Exchange Days (May 2-6, 2009) was accepted by Geri Shafer, 1207 Adeline Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Coun- cil of 4/6; Civil Service Commission of 1/30; Historic Preservation Commission of 3/19; Zoning Advisory Com- mission of 3/25 and 4/1; Zoning Board of Adjustment of 3/3 and 3/26. Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: William. Enk for vehicle damage. Upon motion the document was received, filed, and concurred. Indiana Subdivision: City Manager recom- mending acceptance of the public improve- ments which the developer, KZ Invest- ments, LLC, has recently completed in Indiana Subdivision. Upon motion the documents were received and filed and Resolution No. 121-09 Accepting improve- ments in Indiana Subdivision was ac- cepted. IDOT Agreement for Traffic Safety Improve- ment Funding: City Manager recommend- ing approval of the Iowa Department of Transportation Agree- ment for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-2100(644)--85- 31, Agreement No. 2010- TS-018) for the Penn- sylvania Avenue Improvements. Project, IA 32 to Vizaleea Drive. Upon motion the documents were received and filed and Resolution No. 122-09 Approving the Iowa Department of Trans- portation Agreement for Traffic Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements (CS-TSF- 2100(644)--85-31, Agreement # 2010-TS- 018) was adopted. Historic Old Main Street - Lighting and Sidewalk Replacement Project Assessments: City Manager recom- mending approval of a revised schedule of final assessments for the Historic Old Main Street - Lighting and Sidewalk Replacement Project. Upon motion the documents were received and filed and Resolution No. 123-09 Adopting the revised final assessment sched- ule for the Historic Old Main Street - Lighting and Sidewalk Replace- ment Project was adopted. Vision Iowa Board - Community Attraction and Tourism Agree- ment: City Manager recommending approv- al of the execution and delivery of a $440,000 Community Attraction and Tourism (CAT) grant agreement with the Vision Iowa Board for the E.B. Lyons Interpretive Center Expansion. Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the Vision Iowa Board intends to award the City of Dubuque and the Friends of the Mines of Spain a Community Attraction and Tourism Grant of $440,000 on behalf of the E.B. Lyons Inter- pretive Center Expan- sion Project. Upon motion the documents were re- ceived and filed and Resolution No. 124-09 Authorizing execution of CAT Grant Agree- ment for E.B. Lyons Interpretive Center Expansion Project was adopted. Population of Annexed Areas: City Manager recommend- ing that the City certify to the State Treasurer the population of any areas annexed since the 2000 Census as required by Section CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular r and al r. CTRIC pubuque i0 • ("Little ywer -tires, 1072 Pledge of Allegiance Invocation was pro- vided by Reverend Loren Hirschy, Word of Life Church. PROCLAMATIONS Silver Star Banner Day (May 1, 2009) was accepted by John Galle and Gene Giltner of the American Legion Post ;high 6, 1306 Delhi Street. rake, Rotary Foundation ;new. Group Study Exchange 1 Days (May 2-6, 2009) was accepted by Geri radial Shafer, 1207 Adeline aw, Street. !d. CONSENT ITEMS 250 Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Coun- cil of 4/6; Civil Service Commission of 1/30; Historic Preservation Commission of 3/19; Zoning Advisory Com- mission of 3/25 and 4/1; Zoning Board of Adjustment of 3/3 and 3/26. Upon motion the documents were re- ceived and filed. 3S Notice of Claims/ Suits: City Attorney City advising that the pecial following claim has m. on been referred to Public n the Entity Risk Servicps`of Build- Iowa, the agent for the Iowa Communities Buol, Assurance Pool: Braig, William Enk' for vehicle .ynch, damage. Upon motion I, City the document was Iligen, received, filed, and orney concurred. Indiana Subdivision: d the City Manager recom- is is a mending acceptance of if the the public improve- scuss ments which the Leigh- developer, KZ Invest- ments, LLC, has )N recently completed in N Indiana Subdivision. PLAN Upon motion the Com- documents were ment received and filed and iarris Resolution No. 121-09 staff Accepting improve - and ments in Indiana and Subdivision was ac- lating cepted. idees IDOT Agreement for ed in Traffic Safety Improve- icess. ment Funding: City led a Manager recommend - the ing approval of the Pinh- In,,,a nonartmont of seder, r0 ft. 1127 Tier Ie -3485 A r 5-7154 QUE, ti �ctl ise id' se 1 to its' C: �r s ntl afi ;a. ne in ns to the Zoning Advisory Commission. William Wells, 15945 Asbury Road, of Bisping Realty and Lange Family estate representative, spoke in support of the proposed rezoning. Planning Services Manager Laura Car- stens provided a staff report. Motion carried 7-0 Motion by Connors for final consideration and passage of Ordinance No. 19-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclass- ifying property located at the 3225 Pennsyl- vania Avenue from R-1 Single -Family Resi- dential District to PUD Planned Unit Develop- ment District with a PR Planned Residential District Designation, and adopting a Con- ceptual Development Plan for Applewood Senior Housing Phase 3. Seconded by Braig. 1 e and is owr bers ;ht are llinois D and coh-er, estions City sihoyos I it was t resi- Iroperty re alter- nt of a not in- tec uire- 11 side- 11 the Bt pro- ipers do Ing site Motion carried 7-0. th the Hillcrest Family Ser- iDepart- _[1Ces In Inc+i+,.+i.. .,........ - ._ olW.l a e.ie4a U4 d��4lf�uiv S£-1Z YM 111 eeol-uMop J pue weo uo 6uppom 'gay umoJq ',31.,9 'Am 3 V 3)IVi 'ulyy awes eyi ul peiselel ool 'wow pue 6uyleaum 'sJoopino 0141 SOA01 l '„9,9 '99 'AMS amoeS HSON3Itld 0L0997,. 511e1 Alglssod 'lsnl d19spuepy Joy 6uppol 91 'AMS 1 noA 36V '3sJ!y dlyspuapi Jo; S3 o 6uio6 pue eldoed meu IQ 's91941 ,,9,9 '£Z 'AS 3Li31NI, kJow JO dlyspueu;Joy'09 000 '6ulysl; 'pod 'seep o ou u01,9 09 'AMS OS S,131 Jow Alq!ssod'diuspuepy IOoi '6un>IS-l0I 'sap9OJo1 '1102 '„Z,9 'E9 'AdMS 130 Ol ASV3 L68892.41 'S1U5M !sJey 10 pleJje you sl oy1 !ool 'Nog New 'sue 'S/N '„Z,9 '£Z 'AMS 1 6,131 6L6E9Ni 9£ 'dMS wnyew 6u! 09-909 '(uel aAe)IMsH) 11191Z '„4,9 '99 'AMS fH S,131 99499z. 'Met pisnw'6u,4ep'selnow yo ou 'S/N ',9 ' oZ 'AMS 018 3Hl L08Z9Z,. saln0w 'lno 6ulup Jot SOW oy SIUSM 'USJO100 u '9910ZZ ',9 'Z9 ' WMS 131iVHS 16490£SE syM SMOU)I pue ISeuO9 yS 6u!gees'pueuy pue iunn-Jno, '6uidwea '6ui STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communicatil corporation, publisher of the Telegraph Herald,a newspaper o published in the City of Dubuque, County of Dubuque and St, certify that the attached notice was published in said newspap dates: May 1, 2009, and for which the charge is $357.19. RxTL-rt--"Q -uo4el0J alglssod Jo; '91,-g£ •906 6ul9sid 'sJeq 'selnow semi 'slue! awyl 'euole sag!! 'sg100Z nOA 1331/11 01 ON 99LL19..'611 eicSubscribed to before me a Notary Public in and for Dubuque 'syswayul mugs y11M 's)Iool f� dMS 6uplees •SAepeH'swods'Fhis 'salnow '6uipew sAolue 'spl>lq JeuMoewoy 'No-ueep 'sgl0£Z n0ANOdAn0h b9Z 10F$ '3191 e)lp lsnA 'awy poo6 a aney o1) -Je0 sl 0ym 'S/N '04-LZ'dMS s A08M03 lung aped pue mei sp.] •sJ1 '6ugMoq 'sdul Aep sAolue oy. '99-8Z'ueuJOM 6uio6Asee s)lei 133W S,131 'dll alglssod '.9111e601 Sewn -04'dMS 6uslees 'sa!now 's -pno 'spuey 6uploy 's)llem s/ lseuoy ''Je)lows A61 'sg19Z SDNIH131dWIS o£ -ele algissod 'sny dluspuepyJ e Joy 6uplool'Auedwoo umo sn 1133W S,13 96L£LZ2.Teal Jey 'dims 6u!puelsoepun 'leper pue 6uluuru 'oysnw '6upllq sAolua'Allllgeslp sly 1wpe 01l` 318VHIS301n9 a 9£LL9Z,11 ' `diusrouaw Ini 'q/ 'nb-P7. day of d,'i` , 20 �. otary Public in and for Dubugi MARY K. WESTERM Commission Number 1 My Comm. Exp. FEB, 1 -NI Ayunoo '6upesJ '6uluap 1 sAolue 'poAoldwalles `sgIoL1 n0A S,113d( SLOSSZ..'klLl eigissod'dly Joopino '>no 6uyulp 'away le s '99-9£ yms 0010egye 6uppes poo6 '6uplool-poo6 'sglooz 031NIOddVSla 381, Ol 90£,31 's>I 'sawyllamb Aofue 1 'wow J0 dig dMS s)lees 'iaylel 'ueeJ6Jpuc V3HV 3H1 Ol A CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2009 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O'Brien Mayor Buol read the call and stated this is a f regular session of the o City Council to act s upon such business that may properly t come before the City N C Submitted: Cffy coun- cil of 4/6; Civil Service eder, Commission Historic Preservationof1/30; '0 ft. Commission of 3/19; 1127 Zoning Advisory Com- mission on Zoning of 3Boarda of deer 4/1; Adjustment of 3/3 and -3485 3/26. Upon motion the documents were re- JI ceived and filed. r Notice of Claims/ '5-7154 Suits: City Attorney advising that the following claim has been referred to Public Entity Risk Services of QUE, Iowa, the agent for the ,IL Iowa Communities 3S Assurance Pool: William Enk for vehicle City pecial m. on n the concurred. Build - Indiana Subdivision: City Manager recom- mending acceptance of the public improve- ments which the developer, KZ Invest- ments, LLC, has recently completed in Indiana Subdivision. Upon motion were the documents received and filed and Resolution No. 121-09 Accepting ments in 1 Indiana Subdivision was ac- cepted. IDOT Agreement for Traffic Safety Improve- ment Funding: Manager recommend- ing approval of the Iowa Department of Transportation Agree- ment for Traffic Safety Improvement Funding. (Iowa DOT Project N CS-TSF-2100(644)--85- 31, Agreement No. 2010- TS-018) for theAPenn- sylvania improvements. Project, IA 32 to Vizaleea Drive. Upon motion the documents were received and filed and Resolution No. 122-09 Approving the Iowa Department of Trans- portation Agreement for Traffic Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements (CS-TSF- 2100(644)--85-31, Agreement # 2010-TS- 018) was adopted. Historic Old Main Street - Lighting and Sidewalk Replacement Project Assessments: City Manager recom- mending approval of a revised schedule of final assessments for the Historic Old Main Street - Lighting and Sidewalk Replacement Project. Upon motion the documents were received and filed and L Resolution No. 123-09 Adopting the revised final assessment sched- ule for the Historic Old Main Street - Lighting and Sidewalk Replace- ment Project was adopted. Vision Iowa Board - Community Attraction and Tourism Agree- ment: City Manager recommending approv- al of the execution and delivery of a $440,000 Community Attraction and Tourism (CAT) grant agreement with the Vision Iowa Board for the E.B. Lyons Interpretive Center Expansion. Communication from Andrew Anderson, Vision Iowa Board Chair, advising that the Vision Iowa Board intends to award the City of Dubuque and the Friends of the Mines of Spain a Community Attraction and Tourism Grant of $440,000 on behalf of the E.B. Lyons Inter- pretive Center Expan- sion Project. Upon motion the documents were re- ceived and filed and Resolution No. 124-09 Authorizing execution of CAT Grant Agree- ment for E.B. Lyons Interpretive Center Expansion Project was adopted. Population of Annexed Areas: City Manager recommend- ing that the City certify to the State Treasurer the population of any areas annexed since the 2000 Census as required by Section 312.3(4) of the Code of Iowa. Upon motion the documents were re- ceived and filed. Revitalize Iowa's Sound Economy (RISE) Grant: City Manager recommending approv- al of a Project Agree- ment with the Iowa Department of Trans- portation for RISE unding in the amount f $285,002 for a new treet in the Dubuque ndustrial Center West o service the former orth Si e ert damage. Upon motion the document was received, filed, and ouncil. farm area. Upon motion the Buol, Braig, .ynch, I, City Iligen, orney .d the isisa f the scuss leigh- )N PLAN Com- iment -larris staff ; and and !ating ldees ed in icess. Jed a the receive ana TileWU documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Coun- cil di 4/6; Civil Service Commission of 1/30; Historic Preservation Commission of 3/19; Zoning Advisory Com- mission of 3/25 and 4/1; Zoning Board of Adjustment of 3/3 and 3/26. Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: City Attorney advising that the following claim has been referred to Public Entity Risk Servicps'of Iowa, the agent for the Iowa Communities Assurance Pool: William Enk'for vehicle damage. Upon motion the document was received, filed, and concurred. Indiana Subdivision: City Manager recom- mending acceptance of the public improve- ments which the developer,has Invest- ments, LLC, recently completed in Indiana Subdivision. Upon motion the documents were received and filed and Resolution No.121-09 Accepting improve- ments in Indiana Subdivision was ac- cepted. IDOT Agreement for Traffic Safety Improve- ment Funding: City Managerrecommend- ing approval of the pins- ln.e,a nor,ar1mont of 11l ns and adopting a Con- 11 side- L'ulY"-"L..,a, t""`"" Planual Development t the published in the City of Dubuque, County of Dubuque and State o c Plan for Applewood 6t pro- p Senior Housing Phase aers do certify that the notice published in said newspaper on tl — 3. 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VeLuom 6133tN S.131 1111 elq ss0d oayie6o1 sawe -04 'dMS 6u14aeg sa!now -pno 'spuey 6u!p!oq 'swam si lsauoy •IaSONIH131dIN S oe -e!al e!q!ssod 'isi9 digspuaul l e 1016031001'Auedw00 uMo sn 11331N S,13 S6L£LZ22.'peay ley 1 'Wes 6u!pueisiepun '!e!oec pus 6u!uuru 'oisnw '6u iq sAotua'Aul!ges!p s!y pwpe ol• 1` 318Va!s3a ins a 9SL1.9Z I 'dluSouaW .01 'OM 'n13-R7 '.J ,20� otary Public in and for Dubuque Cc MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 Pledge of Allegiance Invocation was pro- vided by Reverend Loren Hirschy, Word of Life Church. PROCLAMATIONS Silver Star Banner Day (KA au documents were re- Civil penalties for the schedule of assess- ceived and filed and Tobacco License Hold- ments to the County Resolution No. 125-09 ers: City Manager Treasurer and to Approving an Agree- 'recommending approv- publish notice thereof. al of the Acknowledge- Request for Proposals ment/Settlement - Procurement Card Agreement for a first Services: City Manager offense tobacco recommending approv- compliance violation al of the issuance of a for HIBA Petroleum Request for Proposals (Clarke of Dubuque), for implementing a 700 Rhomberg Avenue. Procurement Card Pro - Upon motion the docu- gram. Upon motion the ments were received, documents were re - filed, and approved. ceived, filed, and Alcohol Compliance - approved. Civil Penalties for Dubuque Water Ski Alcohol License Hold- Club: City Manager ers: City Manager recommending approv- recommending approv- al of the annual lease al of the Acknowledge- with the Dubuque ment/ Settlement Water Ski Club for a Agreements for a first section of Schmitt offense alcohol com- Island. Upon motion pliance violation for the documents were House of China, 170 received, filed, and John F. Kennedy Road approved. and Applebee's Neigh- Health Alert Network borhood Grill and Bar, (HAN) Memorandum of Development Agree- 1395 Associates Drive, Understanding Agree- ment. Upon motion the acceptanceandapprov- ment: City Manager recommending approv- al of a Memorandum of Understanding (MOU) for continued use of the Hea lth Alert Network (HAN) portal system with the Iowa Department of Public Health. Upon motion Millwork District and to schedule a first the documents were Energy Plan. Upon offense alcohol civil received, filed, and motion the documents penalty hearing re- approved. were received, filed, garding Tott's Tap, Intergovernmental and approved. 3457 Jackson Street, Agreement Dubuque, iityioof Environmental Ste- for May 4, 20 9 East Manager recom: wardship Advisory concerning City Commission: Commun- December 18, 2008 mending approval of a 'cation from Wayne alcohol violation. Upon 28E Intergovernmental Klostermann, Chair of motion the documents Agreement between the Environmental Ste- were received, filed, the City of Dubuque wardship Advisory and approved. and the City' of East Commission, regarding Delinquent Water, Dubuque, Illinois for methane gas. Upon Sewer, Refuse and bus service. Upon motion the document Collection motion the documents was received and filed. Fiscal Year 2009 COPS Secure Our Schools Grant Application: City Manager recommend- ing approval of the submittal of a Fiscal Year 2009 Community the Dubuque County ly Report. Upon motion U.S. 61, tion the cure nourr SchoolslGrant tionas the documents received and filed. on mo- the document was 52, 9th ICE Street. .oad and Audit. Upon documents weren the were receivedandfiled application for .nine awere nd Resolution No.filed Iowa 126 Natural Department of Resources: wasion the rece received and filed.t ceived and filed. Riverwalk Ninth 09d Resolution No. 130- purpose of obtaining h Communication from Legislative Correspon- Addition - Plat of Sur- issuance of a Class "B" Roar Permit to ment for RISE funding with the Iowa Depart- ment of Transportation relating to develop- ment of a new street in the Dubuque Industrial Center West was adopted. Certificate of Com- pletion - Port of Dubu- que Adams Develop- ment, LLC: City Mana- ger recommending ap- proval of the issuance of a Certificate of Completion for Port of Dubuque Adams Development, LLC in the Dubuque Industrial Center West acknow- ledging completion of their obligations to construct Minimum Improvements as stipulated in the documents were re- al of the paymen ceived, filed, and the Acknowledgement/ approved. Settlement Agreement Millwork District when it is received for alcohol Citya first offense Energy Plan: Manager recommend- compliance violation ing approval of the for HIBA Petroleum selection of the (Clarke of Dubuque), onsultant for the 700 Rhomberg Avenue, legislation not be the documents were enacted. Upon motion received and filed and the documents were Resolution No. 129-09 received and filed. Approving the Plat of Friends of the Mines Survey of Riverwalk of Spain: Communi- Ninth Addition was cation from Douglas adopted. Olk, Friends of the National Preservation Mines of Spain, Month Photographs: requesting that the Communication from City consider making a the Historic Preserva- $125,000 commitment tion Commission re - toward the building questing each City project at the E.B. Council Member to Lyons Interpretive Cen- pose for a picture in ter. Upon motion the front of their favorite documents were re- historic building or site ceived and filed and in Dubuque. Upon referred to the City Manager. Mystique Casino - FireworksDisplay: Com- munication from Jesus Aviles requesting- ap- proval to use City property for a fire- works display on June 6, 2009 in celebration of the 25th anniversary of racing at Dubuque Greyhound Park. Upon motion the document was received, filed, and approved. oved. PP Amendment to Devel- opment Agreement - iatives: Dubuque e Initiatives: D q City Manager recom- mending approval of an amendment to the ing approval of City for the Kepha Development Agree- support of a Friends of ing Roofing Project and ment with Dubuque the Mines.of Spain that a public hearing Initiatives to facilitate State Recreation Area be set for May 4, 2009. the use of new market grant application to the Upon motion the and historic tax credits Silos and Smokestacks documents were re- in connection with the National Heritage Area. ceived and filed and redevelopment of the Upon motion the Resolution No. 132-09 Roshek' Building. Upon documents were re- Preliminary approval of motion the documents ceived, filed, and plans, specifications, were received and filed approved. form of contract, and and Resolution No. 128- Contracts Signed by estimated cost; setting 09 Approving an the City Manager: -- date of public hearing amendment to the Mediacom Commercial on plans, specifica- Development ' ns form of co ntract, ntract Development Agree- Service Agreement. tions, o ment between the City Upon motion the and estimated cost; Accounts: City Mana were received, filed, Transportation: of Dubuque, Iowa and document was re- and ordering the Ad- ger recommending and approved. Dubuque Initiatives ceived and filed. li v for the Kephart Build - mission License App • mission eli sub-t Every Quarterly e Pro- Iowa Department (I T)of was adopted. mission of delinquent mise Quarterly Report: Transportation (IDOT) Internal Revenue cations: City Manager Was adopted settingjct water, sewer, refuse Mae Hingtgen submit- advising that they Service Audit: City recommending approv- for a and accounts stormwater Every Promise Quaild rter joint se to repair let pro e t on informationer s about the license annual walsquas public et nghtoscommence collection U S 151 U.S. January 21, 2009 IRS submitted. Upon mo- at 6:30 p.m. on May 4, 2009 in the Historic Federal Building. Fiscal Year 2009 Second Budget Amendment: City Manager recommend- ing that a public documents were re- ceived and filed. Neighborhood Stabili- zation Program: Com- munication from Michael Tramontina, Iowa Department of Economic Develop- ment, advising that the City of Dubuque has been awarded a grant in the amount of $444,328.00 for the Neighborhood Stabili- zation Program. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recom- mending approval of a request from Wahlert High School and Mediacom for funding from the Capital Grant for Access Equipment and Facilities. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Community Develop- ment Block Grant Program: City Manager recommending approv- al of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 127-09 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Develop- ment Block Grant Projects for Fiscal Year 2010 (Program Year 2009) was adopted. Iowa Department of Com- munication from the grant funding for 09 Adopting t e school security schedule of assess- the Iowa Department dence: City Manager vey: Zoning Advisory measures. Upon mo- ments for delinquent of Natural Resources communication to local Commission recom- Panchero's and a Class the documiled, er'stormwaterrefuse ac- Wastewater Treatment thue eislproposedors eamend themending Plat ofpSuoval of "C" rvey of TobaccoBeer 0 Outlet Permit 4, 2009b to set consider were received, filed, andapproval of the Second and approved. counts and directingPlant Facility inspec- ments to Chapter 411 the Riverwalk Ninth Ron's Discount Smokes, Drug Aendment to the Tobacco Compliance - the City Clerk to certify tion. Upon motion the and urging that this Addition. Upon motion and Hartig motion the document was received and filed. Federal Emergency ' Management Agency: Notification from the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) announcing that the City of Dubuque will receive the City Clerk to from Dan Fitzgerald, $1,435,688 for the publish notice as Horizon Development North Fork Catfish prescribed by law. Group, to amend the Creek Project. Upon Seconded by Jones. Applewood Senior Company; and Resolu- tion No. 131-09 Grant- ing the issuance of a Class "A" (Club) Liquor License to DBQ Lodge #355; Class "C" Beer/ Liquor License to Loras College, West Dubuque Tap, Lot One, The Hub, Knights of Columbus #510, Whiskey River, and Sublime; a Special Class "C" (BW) Liquor License (5-Day Special Event) to Dubuque Jaycees; a Class "B" Wine Permit to Hartig Drug Company; and a Class "B" Native Wine Permit to Flowers on Main were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct see r motion the document Motion carried 7-0. Housing Planned Unit 'ool 'wow pue 6uee yM r0 s/oopino et; semi a ,s,s sa wens a�nos HS0N318A OL089= i>Ilsl Alglssod ys.i; diyspuew Jo; 6uniool '81. 'NMS 1 non 3FiV IZ 'isrll diyspueul io;'£Z io 6uio6 pus eidoed Meu llg 'sg1941 9,9 '£Z 'wS ;31d31N1. r.1ow Jo diyspueu5 10;'09 q000 '6ulysij 'food 's>rep yo ou 'XIS '09 'wMS 'OS S,131 ,low Aigissod'dlyspueu; oo� 6ups-sel'seioAoaol g101Z '2Z,9 'ES 'wdMS 130 01 ASV3 L68895. 's1USM isaey;o pie4e l0U 9! oy1 fool 'piing ogaiyle 'Sufis 'S/N '„Z,9 'CZ 'wMS 1 S,131 was received and filed. Kephart Building Letter of Support for Roofing Project: City recomm end - Grant end - Mena Manager I Smokestacks 9 Silos and o Grant Application: City ing initiation of the Manager recommend- public bidding process 61.6ESS11 9E 'dMS amlew 6ui 08-s09 '(us; eAe MeH) gI91.Z ',,4,9 '99 'wMS 1H S,131 99499='EZ-9l •oisnw'6ugep'sainow l90 ou'S/N',9'0Z'WMS Ol8 3H1 LOEZ9ML Sa1AOw 'lno 6uiuip 101 30w 01 SWUM '1.0018A u 'sg10Z3 ',9 'Z9 'wMS 13HVHS 1.6490E 34M SMOwi pue 1Seuoq is 6uNeaS 'S9U8U; pue aum-inn, '6uidwen '6u1 to the Commi Wells, Road, c and �ocki estate spoke i propos Fiscal Year 2009 Bud- get. Upon motion the documents were re- ceived and filed and Resolution No. 133-09 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2009 Development District by rezoning 1.7 acres from R-1 Single Family p OF IOWA Residential taa District tno STATE IO V� A PUD Planned Unit j Development District toof allow construction 43- DUBUQUE COUNTY of a three-story, 43- unit senior apartment Budget for the City of residence and Zoning Dubuque was adopted Advisory Commission setting a public hear- recommending approv- ing for a meeting to al, with conditions. commence at 6:30 p.m. Motion by Connors to on May 4, 2009 in the receive and file the Historic Federal Build- documents and that ing, the requirement that a PUBLIC HEARINGS proposed ordinance be Upon motion the rules considered and voted were suspended allow- on for passage at two ing anyone present to Council meetings prior address the City to the meeting at Council. which it is to be passed Applewood Senior be suspended. Second - Housing Planned Unit ed by Braig. Horizon Development District: Development Group Proof of publication on representatives Dan notice of hearing to Fitzgerald and Kevin consider a request • Burrow, 1031 North Edge Trail, Verona, WI, provided a slide presentation of their original and modified proposals as presented en a 'SS•SE'jiws Ruwll 6ui .H vas poo6 '6u19001-P006 'sg100Z 031NI0ddVSI0 381, 01.490EZ's91 mug lamb Aolua I 'ajow ao diy ' Ms eves 'ieyjel'ueel6rpuc 1/31:IV 3H101 A -uogeia1 egissod Jot `94-9£ Y •gob 60Asid 'mg 'sainow sely 'spill awy; 'euoie sand 'sum non 133IN 01 ON {SS: CERTIFICATION OF PUBLICATION Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa )rporation, publisher of the Telegraph Herald,a newspaper of general circulation iblished in the City of Dubuque, County of Dubuque and State of Iowa; hereby rtify that the attached notice was published in said newspaper on the following tes: May 1, 2009, and for which the charge is $357.19. RA(csft-44-"e 999a FJl,elcSubSeribed to before me a Notary Public in and for Dubuque County, Iowa, 'slsa1alu! aegwis y41ZLL'89001 day of , 20 - •'SMSw tup 9J sAolue lods'IhiS /`Z sainow 'w sei peH' 'sill Aumoewoy 'lno-uselo 'sg10E3 non U0A An0 h b9160E, •0isi 0411 lsnw 'awn pooh s envy 01' "mo si o4M 'S/N '04- tZ ''dMS s AO8M00 Iun1 envy pue xeieJ sae1 •sac '6ugMoq 'sdul Aep sAolue oy. '99-9z'uewoM 6uio6Asee e9ef 13311 5.131 'FJ11 elgissod •1ay;a6o1 sewn -04 'jMS 6u19ee9 'sainow '<- -pno 'spuey 6uipioy '8918M si 'lseuoy '.allows ly6l 'sgISZ; SONIHI 31d1NIS 08 -e1a� eigissod 'lsril diyspueu; J e 1o; 6u19oo1'Ausdwoo u10 sic 1133w S,13 96LEL5. 'peal Jay ' Iw9S 6uipuelsmapun 'i89ec pue 6uiuuru 'oisnw '6uNiq ' s6olue 'Al 1lgvsip sly pulpy of 1`• 318VHIS30 ins a 9ELL9Z42.' 'd,uvnUB111 Jnl otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 (I a a 6 C at 54 th pr Sic do ce Re Au of me Int Ex adc Anr i,183.1 1,448., ),992.' i,791. i 700.E ',362.6 ,843.7 ,186.5. ,573.3 ,299.8; 178.2. ,978.41 ,701.4; ,080.1E ,394.4( 394.26 175.22 372.14 773.96 207.00 680.12 500.75 262.25 312.92 ^�a 9 3 9 9 to the Zoning Advisory Commission. William Wells, 15945 Asbury Road, of Bisping Realty and Lange Family estate representative, spoke in support of the proposed rezoning. Planning Services Manager Laura Car- stens provided a staff report. Motion carried 7-0 Motion by Connors for final consideration and passage of Ordinance No. 19-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclass- ifying property located at the 3225 Pennsyl- vania Avenue from R-1 Single -Family Resi- dential District to PUD Planned Unit Develop- ment District with a PR Planned Residential District Designation, and adopting a Con- ceptual Development Plan for Applewood Senior Housing Phase 3. Seconded by Braig. Motion carried 7-0. Hillcrest Family Ser- vices ID Institutional District: Proof of pub- lication on notice of hearing to consider a request from Gary Gansemer, Hillcrest Family Services, to amend the Hillcrest Family Services ID Institutional District to permit the continued use of a portable classroom and Zoning Advisory Commission recommending approv- al. Motion 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 suspended. Second- ed by Lynch. Gary Gansmer, 2223 Aspen Drive, spoke in support of the request citing a continued need for the unit. Planning Services Manager Laura Car- stens provided a staff report. Responding to questions by City Council, Zoning Advi- sory Commission Chair- person Jeff Stiles stated that the Commission preferred to see a permanent structure but would approve the amend- ment despite the age of the unit. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 20-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by re- pealing Section 2(D)(2) of Ordinance No. 18-03, and enacting a new section 2(D)(2) in lieu thereof pertaining to the time limit for use of portable classrooms at Hillcrest family Ser- vices. Seconded by Voetberg. Motion car- ried 7-0. Louise Lane Bridge Reconstruction Project: Proof of publication on notice of hearing to consider the plans, specifications, form of contract, and esti- mated cost for the Louise Lane Bridge Reconstruction Project and City Manager recommending approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 134-09 Approving plans, speci- fications, form of contract, and esti- mated cost for the Louise Lane Bridge Reconstruction Project. Seconded by Lynch. Motion Carried 7-0. Upon motion the rules were suspended limit- ing discussion to the City Council. ACTION ITEMS Request to Address Council: Communica- tion from Terry Dris- kell, Human Rights !Commission, to intro- duce himself to the City Council. Mr. Dris- kell was not in atten- dance. Tri-State Trail Vision: Communication from the Tri-State Trail Vision Board of Direc- tors requesting to address the City Coun- cil regarding the East - West Corridor Study. Motion by Connors to receive and file the documents. Seconded by Lynch.' Tri-State Trail Vision President Brian Walsh, 3242 Bittersweet, expressed concerns regarding the East-West Corridor Study and the per- ception by the study's consultants resulting from the November 3, 2008 City Council work session that they are being prevented from finding cycle and hiking solutions through difficult intersections such as Delhi at University and on to Clarke Drive. Following discussion, Mayor Buol reiterated the Council's direction to consultants to con- sider any and all op- tions along the entire corridor especially at dangerous pinch points as identified in the study and by Mr. Walsh. Mayor Buol also reiterated that while the consultants were asked to be innovative and creative, large quantities of property acquisition would not be feasible, but limited acquisition might be considered. Motion car- ried 7-0. Historic Preservation Commission: Communi- cation from the His- toric Preservation Commission recom- mending approval of a request from the Four Mounds Foundation for Historic District Public Improvement Project funds to assist with a portion of the archi- tectural fees to design and site a visitor station at Four Mounds. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion car- ried 7-0. North Fork Trails - Final Plat: City Mana- ger recommending ap- proval of the final plat of North Fork Trails. Motion by Braig to receive and file the documents and adopt Resolution No. 135-09 Authorizing approval of the final plat of North Fork Trails in the City of Dubuque, Iowa. Seconded by Voetberg. Motion carried 7-0. Project HOPE Logo: City Manager recom- mending approval of the proposed Project HOPE Logo. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 7-0. West 32nd Street Detention Basin Public Access: City Manager recommending approv- al of changes to the West 32nd Street Detention Basin Project to provide limited citizen access to the area and adding signs to provide information about the purpose of the basin and how it is designed to function. Motion by Connors to receive and file the documents and ap- provethe recommenda- tion. Seconded by Braig. Responding to questions from City Council, City Engineer Gus Psihoyos stated that there are no plans to provide lighting or additionalsecuritymea- sures. Psihoyos added that specific land- scaping is planted as a barrier to deter entry to the basin and that the basin has been designed with -a less dangerous slope and to prevent a rushing rise in water. Motion car- ried 7-0. Alcohol and Tobacco Violations: City Mana- ger recommending approval of changes to Chapter 5 of the Code of Ordinances regard- ing alcohol and to- bacco violations to be in compliance with the State Code. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance 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 Jones for final consideration and passage of Ordinance No. 21-09 Amending the City of Dubuque Code of Ordinances Section 5-3 Prohibited Sales and Acts by adding a provision which prohibits the sale or supplying of alcohol to individuals without exercising rea- sonable care to ensure the alcohol is not provided to those under the legal age, Ordinance No. 22-09 Amending the City of Dubuque Code of Ordinances Chapter 33 by adding Section 33- 18 Persons under Legal Age which prohibits the sale or supplying of tobacco products to persons under eigh- teen (18) years of age and 33-18A Penalty which provides a fine for such violations, and Ordinance No. 23-09 Amending Chapter 32 of the City of Dubuque Code of Ordinances by adding Section 32- 321.284 Open Con- tainers In Motor Vehi- cles - Drivers And Section 32-321.284A Open Containers In Motor Vehicles - Passengers which pro- hibit the driver or passenger of a motor vehicle upon a public street from possessing an unsealed receptacle containing alcoholic beverages. Seconded by Connors. Motion carried 7-0. Operation without Registration and Driver's License Ordi- nance: City Manager recommending approv- al of modifications to the City Code of Ordinances related to Operation without Re- gistration and Driver's License to correspond with the State Code numbering pattern. Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Connors. Motion by Connors for final consideration and passage of Ordinance No. 24-09 Amending the City of Dubuque Code of Ordinances Section 32-321.98 Oper- ation Without Registra- tion and 32-321.174A Operator's License - Operation Of Commer- cial Motor Vehicles by adding provisions which prohibit an individual from opera- ting a vehicle without registration within the City of Dubuque. Se- conded by Resnick. Motion carried 7-0. Sidewalk Installation Program: City Manager recommending approv- al of an amend-ment to the Sidewalk Installa- tion Ordinance to change the effective date and other minor modifications. Motion 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 suspended. Second- ed by Connors. Re- sponding to questions from City Council, City Engineer Gus Psihoyos explained that it was discovered that resi- dential property owners who were alter- ing the footprint of a structure were not in- formed of the require- ment to install side- walks through the building permit pro- cess as developers do when submitting site plans through the Engineering Depart- ment. Van Milligen stated that the amendment would take effect upon publication of the ordinance and would exempt those proper- ties affected prior to discovery of the over- sight and that notice of the amended ordi- nance will be published in the Telegraph -Herald and letters will be sent to the Board of Realtors, home build- ers, consultants, archi- tects, and designers to remind them of the sidewalk installation requirements. Motion failed 5-2 with Lynch and Resnick voting nay. Motion by Jones to consider the first reading of a proposed ordinance amending Chapter 41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by' chang- ing Subsection (a) and (b) and adding a new Subsection 41-100(c) authorizing City Mana- ger to review appeals. Seconded by Connors. Motion carried 5-2 with Lynch and Resnick voting nay. COUNCIL MEMBER REPORTS Jones reported on the Mayor's recent procla- mation honoring Donna Ginter's 80th birthday and her service to the community. Jones ack- nowledged the passing of Assistant City Clerk Kevin Firnstahl's father, Ramon. Connors reported that the Convention and Visitor's Bureau has secured Dubuque as the site for the Iowa League of Cities' con- ference in 2013. PUBLIC INPUT Keyline Transit Bus Driver Wayne Stroh- meyer, 3403 Waller Street, expressed his concerns and those shared by his collea- gues about difficulties they are having with the management of the division in terms of cutting routes and hours. Keyline Transit Bus Driver Pat Healy, 227 Bryant Street, reite- rated Mr. Strohmeyer's concerns adding that the emphasis should be on the needs of the passengers with the knowledge base of long-term employees. Assistant City Attor- ney O'Brien advised that the City Council could not comment so as not to influence on- going legal proceed- ings. CLOSED SESSION Motion by Jones at 8:15 p.m. to go into closed session regard- ing pending litigation and property acquisi- tion pursuant to Chap- ter 21.5(1)(c)(j) of the Code of Iowa. Second- ed by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:00 p.m. stating that staff had been given proper direction. T IO`� _A There being no ,1 `J,/ further business, upon motion the CityCouncil ' COUNTY _�� adjourned att9:01 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 1t 5/1 {SS: 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: May 1, 2009, and for which the charge is $357.19. °l Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this Az— day of a%� , 20 otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on April 20, 2009 in the Historic Federal Build- ing. Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O'Brien Mayor Buol read the call and stated this is a special session of the City Council to discuss the Washington Neigh- borhood Plan. WORK SESSION WASHINGTON NEIGHBORHOOD PLAN Housing and Com- munity Development Director 'David Harris introduced the staff team, Americorps and Vista volunteers, and citizen coordinating committee attendees who were involved in the planning process. Harris then provided a history of the Washington Neigh- borhood Revitalization since its kick-off in 2005 highlighting the neighborhood's many successful projects, awards, businesses, partnerships, activities, and programs. Scott Goldstein of Teska Associates, Evan- ston, Illinois, presented the Washington Neigh- borhood Plan. High- lights included: •Overview of the planning process *Planning process flow chart *Progress & accom- plishments *Vision to projects •Neighborhood charac- teristics *Land use and zoning *Neighborhood Assets *Adjacent areas of in- fluence *Housing characteris- tics *Economic potential analysis •Major plan recom- mendations *Business support and development *Youth/family sup- port and programs *Housing and community develop- ment •Summary Harris recommended the creation of a Washington Neighbor- hood Development Corporation (WNDC) and its mission to implement the Wash- ington Neighborhood Strategic Plan, stra- tegy, goal and mechan- ism. Potential funding sources include Dubu- que Initiatives, Neigh- borhood Development Corporation/Neighbor Works partnership, direct City allocation, Community Foundation of Greater Dubuque, and federal/state grants and founda- tions. City Council stated they were impressed with the amount of work and the level of innovation related to the plan. The concept of a Business Owner Association was posi- tively received. Fol- lowing discussion and a question/answer per- iod, the City Council reached consensus on recommending starting the process toward creating the Washing- ton Neighborhood Development Corpor- ation. There begin no further business, upon motion the City Council adjourned at 6:01 p.m. /s/Kevin S. Firnstahl Assistant City Clerk It 5/1 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: May 1, 2009, and for which the charge is $34.06. /61„,4, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /a..e day of , 20 D7 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 'ow,: My Comm. Exp. FEB, 1, 2011