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Proof of Publication_City Council Proceedings 5 1 09Pledge 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 REMS 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; ~stment of 3/3 i. Upon motion uments were red and filed. Notice of Clai s: City Atto isino that •eferred to Put Risk Services the agent for 1 ~k for ~ Upon r ument filed, which KZ received and filed Resolution No. 12: Accepting imprc menu in Inds Subdivision was cepted. IDOT Agreement Traffic Safety Impn ment Funding: Manager recommf ing approval of Iowa Department Transportation Ag ment for Traffic Sa Improvement Funl (Iowa DOT Project CS-TSF-2100(644)- 31,Agreement No.2 TS-018) for the Pi Sylvania Ave i..,...,.,,e..,e..r~ o.~~ rand Pledge of Allegiance iir. Invocation was pro- CTRIC vided by Reverend ~buque Loren Hirschy, Word of ~, Life Church. - PROCLAMATIONS 'Little Silver Star Banner Day war (May 1, 2009) was tires, accepted by John Galle 1072 and Gene Giltner of the American Legion Post sigh 6, 1306 Delhi Street. sake, Rotary Foundation new. Group Study Exchange 1 .Days (May 2.6, 2009) was accepted by Geri radial Shafer, 1207 Adeline aw, Street. ~d. CONSENT REMS 250 Motion by Lynch to receive and file the seder, documents, adopt the '0 ft. resolutions, and L127 dispose of as indicated. Seconded by Voetberg. t Motion carried 7-0. er i Minutes and Reports le Submitted: City Coun- -3485 cil of 4/6; Civil Service ~ Commission of 1/30; ~ Historic Preservation 5-7154 Commission of 3/19; Zoning Advisory Com- mission of 3/25 and 4/1; Zoning Board of Adjustment of 3/3 and QUE, 3/26. Upon motion the documents were re- :IL ceived and filed. ~S Notice of Claims/ Suits: City Attorney City advising that the pecial following claim has m. on been referred to Public n the Entity Risk Servicgs'of Build- Iowa, the agent for the Iowa Communities Buol, Assurance Pool: Braig, William Enk'for vehicle .ynch, damage. Upon motion ~, 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 menu which the leigh- developer, KZ Invest- ments, LLC, has )N recently completed in ~N Indiana Subdivision. PLAN Upon motion the Com- documents were invent received and filed and iarris Resolution No. 121-09 staff Accepting improve- ;and menu in Indiana and Subdivision was ac- lating cepted. ideas IDOT Agreement for ed in Traffic Safety Improve- lcess. ment Funding: City tad a Manager recommend- Wells, 15945 Asbury Road, of Bisping Realty and Lange Family estate representative, spoke in support of the I proposed rezoning. Planning Services 'Ctl Manager Laura Car- e grid steps provided a staff 1Se report. Motion carried tS OWP id" 7-0 STA ~ E OF IOWA SS Se Motion by Connors for final consideration and { : bars 1 tE passage of Ordinance ;ht are DUBUQUE COUNT' Y ;tS No. 19-09 Amending ii1riO1S Appendix A (the Zoning : C Ordinance) of the City o and of Dubuque Code of ntllur~ Ordinances by reclass- lestions ors ifying property located :il, city CERt ir1CATION OF PUBLICATION ritl at the 3225 Pennsyl- 6ihoyos 1fl vania Avenue from R-1 I it was Single-Family Resi- ~t resi- dential District to PUD Iroperty a Planned Unit Develop- ~e alter- ne ment District with a PR Planned Residential nt of a ,not in- I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa i n District p De9signation, and ado tin a Con- teduire- CO oration publisher of the Telegraph Herald,a newspaper of general circulation 11 side- ~ ~ ns ceptual Development Plan for Applewood fi the ublished in the Cit of Dubu ue Count of Dubu ue and State of Iowa hereby 6t pro- h y q ~ }~ q , - Benior "Dosing Phase 3. Seconded by Brai ~pers do certif that the attached notice was ublished in said news a er on the followin In site y P P P g g. Motion carried?-0. Hillcrest Family Ser- 9 th the dates: Ma 1, 2009, and for which the char e is $357.19. i Depart- y g v_icea in in~r~«,,.;,..._~ SE-lZ'~M 4Uee-ol-uMOP ~ pue s~ uo 6uppoM '^N tilurwo 'fiu!pea~ '6u!uapn sAofue 'peAobwa-pas 'sgIOL l 3'neyumop',ItS'WM nOAS.ll3dC 0 tl 3Ntll 9LOSBZ~'kill a!q!ssod'd!y u!yl sores eyl u! pelsaial ~~1n0 'lno 6ury!p 'awoy le s ooh Blow pue 6u!iaeyM 'SS-S£ CMS angoe~lle 6u!~!aas ooh '6un oo - oo6 's ' ru 's~oaplno eyl sang 1'.S,S'SZ'WMSarnoaS l l P gI00Z . P 031NIOddtlS10381. 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Y ~" "` po MARY K. WESTERMEYER . , " ~ Commission Number 154885 yaw, My Comm. Exp. FEB. 1, 2011 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 Manager assessments Historic Old I ject. Upon documents eived and fil olution No. opting the i I assessment for the Histo n Street - L Sidewalk Ri it Project pted. ision Iowa 8 of the Iowa E.B. 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- Vision Iowa Boarc Chair, advising that the Vision Iowa Boarc intends to award the City of Dubuque anc 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 funding in the amount of $285,002 for a new street in the Dubuque Industrial Center West to service the former North Siegert farm area. Upon motion the CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 4:30 p.m. on May 1, 2009 in Con- ference Room B, City Hall. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a special session of the City Council to act upon such business that may properly come before the City Council. ACTION ITEM First amendment to Incentives Agreement with International Business Machines Corporation (IBM): City Manager recommend- ing approval of the First Amendment to the Incentives Agree- ment with IBM extend- ing the deadline for finalizing the IDED. assistance agreement to July 1, 2009. Motion by Lynch to receive and file the documents and adopt Resolution .No. 136-09 Approving the First Amendment to the Incentives Agree- ment between the City of Dubuque, Iowa, and International Business Machines Corporation. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 136-09 APPROVING THE FIRST AMENDMENT TO INCENTIVES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND INTERNATIONAL BUSINESS MACHINES CORPORATION Whereas, the City of Dubuque, Iowa (City) and International Bus- iness Machines Corpor- ation (Employer) have entered into an Incen- tives Agreement (the Agreement) dated Feb- ruary 16, 2009; and Whereas, the Agree- ment is subject to the condition that Employ- er may terminate the Agreement at any time on or before May 1, 2009 in the event Em- ployer determines that J,inancial assistance with the State of Iowa Department of Econo- mic Development (the IDED Assistance) is unsatisfactory to Em- ployer; and Whereas, documenta- tion for the IDED Assistance has not been finalized by Employer and IDED; and Whereas, City and 'Employer desire to amend the Incentives Agreement to extend the termination date to July 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: •-, Section 1. The First Amendment attached hereto is hereby approved. Passed, approvecfand adopted this 1st day of May, 2009. Roy D. Buol, Mayor Attest Jeanne F. Schneider, CMC, City Clerk There being no further business, upon 'motion the City Council adjourned at 4:36 p.m. /s/Kevin S. Firnstahl Assistant City Clerk It 5/6 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 6, 2009, and for which the charge is $32.74. Subscribed to before me_ a Notary Public in and for Dubuque County, Iowa, this 7 day of� �Grt� , 20 D7 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011