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Proof of Publication City Council Proceedings 6 1 09 f ~ CITY OF DUBUQUE, ,~' ~ u r~ # ~ M IOWA CITY COUNCIL PROCEEDINGS The Dubuque City, Council met in regular session at 6:30 p.m. om. June 1, 2009 in thee. Historic Federal Build- feral kSUIl01ng. Dubuque Industrial iter West - North gert Farm Phase III eject: City Manager ommending initia- l of the public ding process for the Duque 'Industrial Ater West - North gert Farm Phase III eject and that a ~lic hearing be set June 15, 2009. Upon ~tion the documents re received and filed J Resolution No. 186- Preliminary ap- wal of plans, ~cifications, form of itract, and esti- ited cost; setting to of public hearing plans, specifica- ns, form of contract, d estimated cost; d ordering the vertisement for bids s adopted setting a blic hearing for a Feting to commence 6:30 p.m. on June 15, )9 in the Historic deral Building. National Mississippi rer Museum and uarium River Center ~iect -Phase II: City initiation of the is bidding process the National ~issippi River eum and Aquarium r Center Project - se II and that a is hearing be set une 15, 2009. Upon on the documents received and filed Resolution No. 187- Preliminary ap- ~n ing ~~5~~~ Present: Mayor Pro- ~y repealing ,~,~L f h1Z3 hV l fZ39 f ~, . . , , ~, , . Asbury Road; Ferd , Section 15-11 Muni- Nesler, 4125 Mt. Alpine cipal Housing Agency. Street. Mr. Miller spoke Seconded by Braig. in support of his Motion carried 6-0 appointment. Pet Park: Request of Upon motion the rules City Council Member were suspended allow- Ric Jones to schedule a J i ing anyone present to address the City worksession regard ng the community's dog ~ Council. park. Motion by Jones PUBLIC HEARINGS to direct staff to j Green Alley Pilot schedule a work ses- . Project -Alley between Sion to discuss future Jackson and White plans fora pet park Streets from 11th to and to include the Park 13th Streets: Proof of and Recreation Com- publication on notice mission, the Humane of public hearing to Society and other consider the plans, stakeholders. Se- specifications, form of conded by Braig. contract and estimated Motion failed 3-3 with cost for the Green Alley Voetberg, Connors and Pilot Project - Alley Lynch voting nay. between Jackson and COUNCIL MEMBER White Streets from REPORTS 11th to 13th Streets Resnick reported that and City Manager he had recently read recommending ap- that the Platteville, proval. Motion by Wisconsin, pet park Jones to receive and has been successful file the documents and and that regional adopt Resolution No. residents are hoping 188-09 Approval of Dubuque will resolve plans, specifications, its pet park issue. form of contract, and There being no estimated cost for the further business, upon Green Alley Pilot motion the City Council Project (11th - 13th adjourned at 7:32 p.m. between White and /s/Jeanne F. Schneider, Jackson Streets); CMC, City Clerk Resolution No. 189-09 lt6/10 With respect to the adoption of the -'~~*~ vrs~~ Resolution of Necessity proposed for the Green Alley Pilot Project (11th - 13th between White ~7 T~~ T O L.~ • F and Jackson Streets); l , J and Resolution No.190- 09 Approving Schedule 1 T~ C of Assessment and ` L7 ~i r~.L STA t E 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: June 10, 2009, and for which the charge is $307.56. f ~ ice, ~'~ 1 (~i'~ -- ~ - Subscribed to before me Notary Public in and for Dubuque County, Iowa, this ~ day of , 20 l~ 9 . _ ~ ~`-~J Notary Public in and for Dubuque County, Iowa. o~"`"`•p MARY K. WESTERMEYER J Commission Number 154885 pow,. My Camm. Exp. FEB, 1, 2011 r1IIRIlf:111P Federal Liuuamg. Dubuque Industrial Center West - North Siegert Farm Phase III Project: City Manager recommending initia- tion of the public bidding proces's for the Dubuque 'Industrial Center West - North Siegert Farm Phase AI Project and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 186- 09 Preliminary ap- proval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. National Mississippi River Museum and Aquarium River Center Project - Phase II: City Manager recommend- ing initiation of the public bidding process for the National Mississippi River Museum and Aquarium River Center Project - Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 187- 09 Preliminary ap- W09,.N ss n Asbury Road; Ferd Nester, 4125 Mt. Alpine Street. Mr. Miller spoke in support of his appointment. Upon motion the rules were suspended allow- ing anyone present to address the City Council. PUBLIC HEARINGS Green Alley Pilot Project - Alley between Jackson and White Streets from llth to 13th Streets: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Green Alley Pilot Project - Alley between Jackson and White Streets from llth to 13th Streets and City Manager recommending ap- proval. Motion by Jones to receive and file the documents and adopt Resolution No. 188-09 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (llth - 13th between White and Jackson Streets); Resolution No. 189-09 With respect to the adoption of the Resolution of Necessity proposed for the Green Alley Pilot Project (llth - 13th between White and Jackson Streets); and Resolution No. 190- 09 Approving Schedule of Assessment and Iii-rr CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 1, 2009 in the Historic Federal Build- ing Present: Mayor Pro- Pea mg Section 15-11 Muni- cipal Housing Agency. Seconded by Braig. Motion carried 6-0 Pet Park: Request of City Council Member Ric Jones to schedule a ) worksession regarding the community's dog park. Motion by Jones to direct staff to schedule a work ses- . sion to discuss future plans for a pet park and to include the Park and Recreation Com- mission, the Humane Society and other stakeholders. Se- conded by Braig. Motion failed 3-3 with Voetberg, Connors and Lynch voting nay. COUNCIL MEMBER REPORTS Resnick reported that he had recently read that the Platteville, Wisconsin, pet park has been successful and that regional residents are hoping Dubuque will resolve its pet park issue. There being no further business, upon motion the City Council adjourned at 7:32 p.m. /s/Jeanne F. Schneider, CMC, City Clerk lt6/10 aIILL- JO Lulu S ,1T 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: June 10, 2009, and for which the charge is $307.56. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this /a day of , 20 Of . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exp. FES, 1, 2011 Transit proval of plans, estimate of total cost Tem Connors, ,JCouncil were received and filed sfeannualg the number Federal 13th between Wh Members Braig, Jones, and Resolution No. 171- of annual installments Administration's Tran- specifications, form of for tProject (11th he Green Alley Lynch, Resnick, Voet- 09 Approving final plat into which assess- sit Investment for contract, and esti- g and Jackson Streets- berite Man, Reduction date of publish aria Seconded by Leach. Assistant City of Tanglewood Sub- ments are divided, the Greenhouse Gas and mated cost; setting ). Manager eyeinha County, iIowa, was installments,althenttiime (TIGEnerGER) Program in on plans, City Absent:tMayora Roy Lindahl adopted when the assessments partnership with Transit sends, form estimated contract, - Annette Miller of 1241 241 Roy D. adopted.the Doris Frost of land Buol Locust Street Side- are payable, and Autional asked if Pledge of Allegiance walk and Traffic Signal Certify the the Clerk ofto the Authority.ment motion was adopted sement tor bids a thisWhite reetect if Invocation was Installation IA Street Project Assessments Schedule the" rreceived, documents and waspublic1 ophearing setting a confirmedeto begin and Pastoratep rovided by DeaconEngineer Gus mending Managera award' the to publishrenr andiLid. License meeting to for commence what the time line is.d Jim Thill of Holy Spirit City recom- County Treasurer pp ager recommending 2009 in the Historic Pas aoyos stated ht at PROCLAMATION Locust Street Sidewalk thereof; and Resolution Applications: City Man- at 6:30 p.m. on June 15, City Apples for Students and Traffic Signal tNo.he 178-09itAtocollectapproval of annual Federal Building. area ise scheduled to BOARDS/ nd Months (June, July and Installation - 8th to the City begin this summer be August, 2009) was McDermott Street xc vet to diceeremoval charges in uent snow and Aasuosubmitted. Upon COMMISSIONSants were completed at the end accepted by Ellen McDermott Excavatingwith motion the documents Augu t. W. 3rd Goodman-Miller,tret.421 inthe amount of ' accordance 3 and Resolution No.dinvited Council regardingrssthcarried 6 0. W.3O Street. tion then. Upon mo-s the Sectiono 364owa.0 of were received and filed 181- CityCou a address serve on e of e-0sLine Motionail CONSENT ITEMS the documents the State of I6Section 09theProject: Proof of Motion by Jones to were received and filed Section 41.86, Section is Granting receive and file the and Resolution No. 172- 26-4.( of )he Code e2of itossuance ig one athe following Boards/ Eagle Cultural publicationj0int Park doPro notice of resolutions, adopt the i Awarding publicrat O.rdi of the Cityof cigarette sell cigarettes and Commissions: of public hearing to ci arette par Affairs Advisory Com- peof and dis- improvement t Street ofdinDubDubuque, th Iowa Walgreen Company; Seca de as indicated. for wthel Locust Street w tedResolution No. 182-09 mission: Three 3-year consider use foeplans, Motion of on carried by 6-0.berg. Signal Ink and Traffic wLegislative CorresPon- ere adopted. RSignal Streetetion - 8thcdence:tiCit c Manager Permit Granting tothe issuance C" Beer 20 2sthrough June 30, St Steffen, of Hen- 1 cost for the estiTrollmated Minuteseand s d to 12th d.Project miCity Manager of a Class "C" BBeecher 2012 (Tune ,business/ Line for and Eagle mPont Cultural Arts and wasRadopted.recom- 5/18iCultural Affairs Ad- Request ice Proposals Henke to girding Tom Beverage; ing thoei'183-0 eGrant-of a onemustlive or workhich Managerkapproval. visory Commission of - Historic Millwork Harkin regarding the tion No. 183-09 professionals of which Park Project and City 4/28;Engineers' plan to Class "B" Liquor within the Cultural and mending City Council of District Streetscape U.S. Corps Com and 5/27; Housing Improve roc City Zoning Advisory of C/24;trict). Applicants: Ellen receive and file the Manager to ni sue a flexibility of of installing to Days Inn and Spirits; Entertainment Dis- Motion by Jones to he License mission Advisory Com-Request ing approvalpower a Class "C" Beer/ Henkels, 890 W. 3 d documents and adopt generation equipment Liquor License to L. Street; Molly lens o mission of 5/6; Proofs R°equ {„e fOStPeetpsc Proposals ydroelectric f publication of CitylockCouncil Proceedings 11,n20 9. dum Improvements Millwork on the auxiliary #11 at Mot' and Hi Ho daStreet7 ; Adespetraca, and n- Approval of plantions, form s, Mayo 4 and 1on, 200of9. Hum to the Millword Lock and Dam # in Mongolian Class a dale S1207t; Geri scontract, for esti- documents Upon motion the District Streets and Dubuque and their Special Liquor Kaffee seub; to SShafer, Coates Street; Eagle Point Trolley the documents were re-UtilityeImprovements ve these Green partnership er with Hydro Monks License P to Street;260CoaJulites Steffen, Project to have these Green Energy. Stover, 1145 Trail Project. Seconded ceivedNand filed.Voetberg.tMotiondd Notice of Claims/ andd projects by usingscoor- Communication Royation from Wine)ass "WBN" (Native Peggy carried Mary• : Richard vin doe. one Mayor Roy BuHl to to Hancock and Ms. Ms.spokeaby North 6 Fork Catfish -0. Rokusek damage;er vendor. men motionwSenatorrgingTom ort forfullBreakfast; Bed anda andkMs. SteffentesCreek Sanitary Angela• elo oellfreceived,ec documents were fundingnn support Special Class - "C" in support ProjectekPhase I: Sewerr filed, and of the Energy ointment. Oberfoell for Efficiency and Con- Liquor License (Four 5- appointment. cols of publication on mo• tion the Hoc. Upon approved. were documents Grass andeWeed ion program and Duk Grant buque eal JayceesEvents) were Board:Building Three at -large notinoticeg tosonsidf pubhe lic were refereceivedrred and filed Cutting Assessments: ler(EECBG)ofp 9 specifications, coconsider rhe and referred to the City CityeManager recom- letterU.S.support from adPurch. Attorney. mending approval to Me . Conference of Agreement - Burtngton (terrmgh ofJahnst2newly f1, 2011 orm of contract, and City Attorney rocome certify grass and wehd Mayors. farmed with terms Normated cost for the Fork Catfish mendingwin denial of the Dubuque uffing charges to documents were were theeger erecommeendingaap- formed ADA hRterms North St and A following claims: Larry Tu Treasurer proval of a revised determined by appoint- A. age,t for vehicle establish in order to ceivedland filed. ear Purchaserment with Bur-e Ryan AnglApp 2752 Sanitary S Project - Lakesha establish real property Alcohol Compliance - of Service ment date). Applicants: Sanitary Sewer . Im- Wheelerdamage,Phase I and City Man - Waterproofing for property such for collection ofn Civil Penalty Manager extends the lengtheof 905 m Aug Rockdae leRoad.Min agerovalecomm Motionby damage and Garrett such charges. Upon Alcohol License Hold- lington Trailways which Carlton; Marla rouse, bursement roofengfor rei g motion the documents ers:eCityart of hisp spokein Lynch to receive and charges.of tomotion were received and filed recommencing appsLyethe ocemenes and the do. Upon motion and Resolution No. the m e n t/ S e73- al of the ct t I e m egn t Upon five docu- me t is Center Com-adopt Resolution od receivedec documents were 09 Adoptingspecifications,so uoNo. offense alcohol com- filed, and approved. mission: Two 3-year 192-09 Approval and filed and schedule of assess- Agreements for a first meats were received, concurred. ments for pecss cuttthg liance violation for Diverse Dubuque: A terms through June 29, plans, Fiscal Year 2009 number spofedyeannnua TTony's Place, Yen Focus on National 2012 (Terms of Fuller form of contract, and ment Community Develop- that the and Par ) . Applicants: 960 m cost for the Catfish Block Grant installments into white Ching Restaurant, Grill, Hi Origin: Press release Cynthia Parks). Apple Drive; NorthNreek St Fork and locally produced video Prince Phillip (CDBG) Annua�A ager d'ev'ded,the sinterest aon BncktownlianBrewery advisingrovements Project recommending- Plao: City and the second offense entitled Diverse Dubu- Bryce Parks, 2005 N. Sanitary Sewer Im- alofan amendment to all unpaid installments, - violation andr it TheNational Nationalived Origin Iowahas Commission:Historic Preservatio3n Phase I. Se carded ed 6 Oy al of an to the time when the alcohol compliance quo: A Focus on Main StreetUpon motion the rules the Fiscal Year 2009 Clerassekanode i dsments are irecting the furtheruwere reinstated rules Community Develop the requestedCthat ation Award rofAExcel- yearuly 1, 2012 (3 at -large, ment Block Grant Clerk to certify it - Annual Action Plan fordments Schedulet theof Assess- auty the City approve accent CDBG Recovery Fund- meats to County and approve the first lence in the Corporate 1 Cathedral Historic ing discussion to the Terms of ACTION ITEMS ing from the U.S. Treasurer and to offense civil penalty and Community Mar- District resident or City P Policel. Department Department of Housing was d notice thereof payment ip porfsrom Bar & Grill, Annual- c IMPAryat the Awards B chell Lundh, I Olson, Towing Contract:DeprCity and Urban Develop - the was adopted.a66Ceremony in Des Knight. Applicants: tCit ment. Upon were the doned Buildings and Aban- Phillips St (Arby's),art#2mending Manager a the Property when payment is the documents were Shayne Grove en Terrace; Y, 160 Year award of the documents were re- Buildings and and AWN Stop Mart Moines. Upon motion Christen Happ ReSolued and filed and0ProblemssDevon Drive; Michael CityFiscal of Dubuque01Tow AApproving No. Fiscal Managergments: recom-Cthese documents were approved. filed, 942;Mt. Contract tw Year the nual migand ITEMS TO BE SET FOR Knight,Towing. Motion Wenzel Y cti 20 Plan Annual mending approval of approved. filed, PUBLIC HEARING Pleasant Street; Mary by Action (Con- building and abandoned TMotion by Lynch to Loney Bichell, 595 W. Ble the documents and to receive and Amendment Plan 2008) - pr pert and problem Tobacco Compliance the recom- mentn Amendment 5 for property assessments. Civil Penalty for receive and file the llth Street; Peggy Community Develop -Manager resolutions, set the Street. Ms. Olson and mendation. Seconded Upon motion the Tobacco License Hold- documents, adopt the Stover, 1145 Locus approve Block Grantwdocuments were ers:eCity rov- public hearings as Ms. Stover spoke in by Jones. Responding Recovery Funds was received and filed and0recommending app City Council,om Acting adopted. Resolution No. 174-09 al of the Acknow- indicated, aClerkereto appointments their to questions from the Civilm Service SCervice Adopting the Schedule Agreement/Settlemena the City law. as Board: Housing Code de Appeals team Tobine provided ed ex eery Commission Civil Serm t- of vacant and for secondonments offense.' or a prescribed nobyglo. o e 3 January eel TPobin Chief eery rief Commission ied ist building and abandonedllan- forthe positionilist propert and problem tobacco compliance Motions by Ryan contract process. for the of property charges violation for Phillips 66 Motion Tax Applicant: of Moore). ation of the towing Firefighter.emen woffe annual the number Stopy's), 'and AWN Urban Development tionarried 6-0. the document was into installmentsas- Stop Mart #2, and tvil Increment ManagerMain, LLC: A Investment nt Oversight Action rlton Motion natant Development made and afiled and which assess firstenoffense violation civil Notesi40 Main, LLC: Avenue. Genius made a Matter of interestments rondeall unpaid AWNItStop Mart. Upon mending that a public Advisory Commission: Loan Agreement Record.1, 2012 Solutions: City Man s U.S. Housing and installments, the time motion the documents hearing be set for June Two 3-year terms Genuine issuance of not to (Terms of Lassance ger approval recommending coamend ing Urban Development: when the assessments were received, filed, 15, 2009 to consider the through July Communication from are ayhele and and approved. Nelsonevelop- putBregon,sistntGeneral directingcertify the the clerk to Prcation u : fromy Accessible mmun- Urban n $700,000eal Tax cant Bra 3rC) ment Action Grant Assistant Sec - assessments tool the Dubuque: ComKatrin Urban RenewalTax cants:iuL W. 3rd Street $40,000 Urban Action retary ant advising for CityHUD, advising Notes to supportPaul La Court; Hiram ment with Genuine Agree- fundingthe of County Treasurer and thaberding Genius Solutions, Ge, ine ho allocations for to publish;nnotice that the Historic thee mixed usetbuildingedevna newest Proudly 40 Main Street by 40 Street. Mr. Chalmers to allow a one year the Community Devil- thereof; and Resolution Federal Building is ment of the at Melendez, 1920 Shelby meat of the loan. Pr gnat Block motionn tNo.he 17 Cityy9 toAothoozing exexten t Program. Upon the . collect Accessible Dubuque Main, LLC. Upon spoke in support of his Responding of the abandoned building the document was were received and filed Long Range mmission questionsspondsfrom City the documents were delinquent vacant and business. Upon motion motion the documents appointment. o received and filed. received and filed. and Resolution No. 184- Advisory Collateral Assignment and- problem propertyon the Two a 1, terms Council, t Economicn Agreement the Development Dubuque with in Section accordance cation aco from min Lee meetig Fixing date for a Two 3-year to 012 Develop e for :- Dubuq Section 26- GrassleY, Mediacom proposition of the (Terms of Darter and the Dave HC larsstat Finance Initiatives: City Man- 3(b)(1)h; issuance of not to Stein). Applicants: ager l fommending (b)(3o SectionC26f Senior Manager, approval of a Collateral 6(b) of the Code of announcing the exceed $700,000 Urban Chad Darter, 2544 Department monitors Assignment of the Ordinances of the City launching of additional Renewal Tax Increment Matthew John Drive; loan payments, ro the he required to p Iowa, channels on the digital Revenue Dubuque, Iowa, of Lou and Nowata�treet, 180 firm is not currenty Dent bet gee Agree- wereof Dubuque, broadcast basic lineup.fivide m of Dubuque, I wa City adopted. for the Park and Recreation financial statements, Dubuque Dubuque, Iowa ande2008/ss s ens- Upon motion the providing Initiatives.. Removal Assessments - documents were publication of notice Advisory Commission: and the rm's of Way received and filed. thereof waas adoptedpOne rough3-year 30, 2012m eq equipment loan is se held drit as Upon • motion the Right setting documentsiv were Obstruction Removal: PurchaseShia Property for a received and fled and Manager approval of 2655City Managerrecom-to acommen a at6:30Applicants: (Term of Duggan). 0 Robert table to JuneJones 15, 2009. ResolutionConsenting No. 169-09 mending as se s of ty Charles Dug-Seconded ye Res with Consenting to a the final assessment mending acceptance of the' on Historc 5 Federal Street; 880 Kane by Resnick. San, 2317 Beacon Lynch married 5-1 Housing Collateral Assignment schedule for the ' the Snow locateded to at 2655rShi as Building.overning A the Development Removal2008o2009Mousier Way Obstruction entrance to Eagle Point Creek Sanitary Sewer 160 Devon Drive; David Agency in Agreement between.and Right -of- Avenue for the North Fork Catfish Drive; Shayne Henry,en the City Dubuque Dubuque, were.Project - hase II: City recom-centlRidge. er, 45 Blacker Board:es- ed: of anordinance Iowa and Dubugeted. Pe ect Ain he eamount do uments m fi bed one Mana er P n tic f cenke i ge. Mr. B ocr er City ap- tiativgh orwah odspoke sup. amending o dine ce Nion Program (NSP): theof $4,277. meat motion received and public bidding Develop - mending 5, Cation Program recom- received documents were Approving he quasi- the City Manager and filed and Approving the acquisi- process for the North TV Cable Regulatory Community Code of mending approvalioofa gn No. 176-09 tiolocated of r26 estate FoStok CatfisSewer aCreek Commission: One 3- ment of nd Sani- 30, 2012(Termgf June Ordinances hCo evty of olving the publication of a Adopting the final located at 2655 Shirts to ymwater and Sani- year term through June Dubuque mints Project Poise: Applicant: Charlie Ellis,isthe MutGoverningolvl Notice Request osRele se ofe for the Snow Removal Iowa, to Assessment Schedule was adopted.poDubuque, Board. Moon by Funds for the Assessment -Right;of- Authorized Depository II and that a public 373 S. Grandview LynchAgencyto receive and toNen Program Way Obstruction Institutions: Cityni Mana- hearing,09. Upon be set sor June motion Avenue. TV Cable Community pProgram (NSP).e Removal Assessment agpe recommending a proposeden Snow and Ice tort' resolution for Resolution ehNoile 85 09 mission:ethrougheJune 30, that the requirement Upon motion thProject was adopted. approval of a deposi- the documents were Tele-programming Com- file the documents and documents wereapproval 9 terms through of u e 30, thatainance be resolution and filed and City al Assessments: BBVAxa Compass, Irving,(Termscants: ten- our passage at two con - Authorizing No. 170-09 mendingt' Manager recom-Texas, s relatedotond plans, form specminary ifications, and si Vincent, Applicants: alloce of Intent ofsnow certification ice deposits for dog and plans, contract, an, plicant: Jen- for at prior FlowercDon- sidered and voted on Drive; Alan to the meeting at fund of a Notice Intent to of and ice cat licenses by request release Neigh-. of Dubuque charges County motionto the theldocumnc. ents date ofepubl c hearing Fifer Tbe suspended.meetiS- borh for the ain Tu asurespecifi- Vincent, 1010 Dunham which it is to be passed and Resolution No. 180- cations, form of Drive.Braig. borhood .Stabilization Treasurer in order to were received and filed on plans, Program was adopted. establish real property and missti- sion: Two 3y Com- Motion carried 6-0. - Motion Lynch for Tanglewood SubdCi t- . liens for collection Upon �orieswase adopted. GGER orderding the advertise- terms ghroughrJuly 1, condo by Sion - Final Plat: y Eco-Transit approval of recommend- motwerion the documentspassage c0 1ofd Ordinancd e of recom- adopted setting a and Hardie). Appli-pa 26-09 Amending ing approval of the and Resoeutlon No.17 filed Grant - Managerbmission: City ment for bids forwie cants: Anglesefinal consideration a final plat of Tangle-othe mending approval of public hearingCityo Adig wood Subdivision St Adoptingotoon June ce 2752752hen on Hardie, 62 of DubuqueOrdinances, Codeter grant at 6:30 p.m.Avenue; o5,Commuci Chapter Ater subject to waivers and Schedule of Assess- the submission of a meeting to commence Carlton venue;by repealing charges application for the 2009 in the Historic Fremont Miller, nue; ment, conditions. Upon mo-ments for snow and ice $3,471,0 6 Federal Building. Road; Ferd0Section 15-11 g tion the documents removal Dubuque Industrial Asburypuy. Muni - Center WestVrrmPhase rth Nesler, l I Street. Mr. Miller 5 ller spoke St. Alpine econdedal sinby Agency. nnnrinn carried 6-0 STATE OF IOWA DUBUQUE COUNTY CERTIFICATION C I, Suzanne Pike, a Billing Clerk for V corporation, publisher of the Telegra: published in the City of Dubuque, Cc certify that the attached notice was pi dates: June 10, 2009, and for which t Subscribed to before me this /(oa day of Notary Pi Notar) CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 1, 2009 in the Historic Federal Build- ing Present: Mayor Pro- tion the document was received and filed and made a Matter of Record. U.S. Housing and Urban Development: Communication from Nelson Bregon, General Deputy Assistant Sec- retary for HUD, advising the City of funding allocations for the Community Devel- opment Block Grant Program. Upon motion the documents were received and filed. Collateral Assignment of the Development Agreement - Dubuque Initiatives: City Man- ager recommending approval of a Collateral Assignment of the Development Agree- ment between the City of Dubuque, Iowa and Dubuque Initiatives. Upon i motion the documents were received and filed and Resolution No. 169-09 Consenting to a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Ini- tiatives was adopted. Neighborhood Stabili- zation Program (NSP): City Manager recom- mending approval of the publication of a Notice of Intent to Request Release of Funds for the NelghborhoodStabiliza- tion Program (NSP). Upon motion the documents were received and filed and Resolution No. 170-09 Authorizing publication of a Notice of Intent to request release of funds for the Neigh- borhood Stabilization Program was adopted. Tanglewood Subdivi- I sion - Final Plat: City s Manager recommend- ing approval of the final plat of Tangle- a wood Subdivision 0 subject to waivers and S conditions. Upon mo- tion the documents r UK' yes specifying to - number of annua t installments into which n assessments are r divided, the interest on all unpaid installments o the time when the 9 assessments are pay- - able, and directing the t Clerk to certify the r Schedule of Assess- - ments to the County . Treasurer and to publish notice thereof was adopted. Vacant and Aban- doned Buildings and Problem Property Assessments: City Manager recom- mending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 174-09 Adopting the Schedule of Assessments for vacant and abandoned building and problem property charges specifying the number of annual installments into which assess- ments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof; and Resolution No. 175-09 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Section 26- 3(b)(1)h; Section 26- 4(b)(3) and Section 26- 6(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. 2008/2009 Snow Removal Assessments - Right of Way Obstruction Removal: City Manager recom- mending approval of the final assessment schedule for the ' 2008/2009 Snow Removal and Right -of - Way Obstruction Removal Assessment Project in the amount of $4,277. Upon motion the documents were received and filed and Resolution No. 176-09 Adopting the final Assessment Schedule for the Snow Removal I Assessment - Right -of - Way Obstruction I Removal Assessment Project was adopted. Snow and Ice t Removal Assessments: City Manager recom- mending certification d of snow and ice c removal charges to the P Dubuque County Treasurer in order to w establish real property a iens for collection of 0 uch charges. Upon t motion the documents were received and filed G nd Resolution No. 177- M 9 Adopting the m chedule of Assess- t ments for snow and ice $ emoval charges a munityDevelop ment Block Gran (CDBG) Annual Actio Plan: City Manage recommending approv al of an amendment t the Fiscal Year 200 Community Develop ment Block Gran Annual Action Plan fo CDBG Recovery Fund ing from the U.S Department of Housing and Urban Develop- ment. Upon motion the documents were re- ceived and filed and Resolution No.168-09 Approving the Fiscal Year 2009 Annual Action Plan (Con- solidated Plan 2008) - Amendment 5 for Community Develop- ment Block Grant Recovery Funds was adopted. Civil Service Com- mission: Civil Service Commission submit- ting the certified list for the position of Firefighter. Upon mo- e pliance violation fo I Tony's Place, Ye Ching Restaurant, H Ho Mongolian Grill, an Bricktown Brewery and the second offens alcohol complianc violation for Th Lounge, and it i further requested th the City Council accep and approve the firs offense civil penalty payment from Court side Sports Bar & Grill Phillips 66 (Arby's), and AWN Stop Mart #2 when payment is received. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalty for Tobacco License Hold- ers: City Manager recommending approv- al of the Acknow- ledgement/Settlement Agreements for a second offense. tobacco compliance violation for Phillips 66 (Arby's), 'and AWN Stop Mart #2, and the first offense civil penalty violation for AWN Stop Mart. Upon motion the documents were received, filed, and approved. Proudly Accessible Dubuque: Communi- cation from Katrina Wilberding advising that the Historic Federal Building is the newest Proudly Accessible Dubuque business. Upon motion the document was received and filed. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager, announcing the launching of additional channels on the digital broadcast basic lineup. Upon motion the documents were received and filed. Purchase of Property - 2655 Shiras Avenue: City Manager recom- mending acceptance of the deed to property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. Upon motion the documents were received and filed and Resolution No. 179-09 Approving the acquisi- tion of real estate located at 2655 Shiras Avenue, Dubuque, owa, was adopted. Authorized Depository nstitutions: City Mana- ger recommending approval of a deposi- ory resolution for BBVA Compass, Irving, Texas, in relation to the eposits for dog and at licenses by etData, Inc. Upon motion the documents ere received and filed nd Resolution No. 180- 9 Naming Deposi- ories was adopted. Eco-Transit TIGGER rant Submission: City anager recom- ending approval of he submission of a 3,471,086 grant a pplication for the 2 F r Diverse Dubuqu n Focus on Nati i Origin: Press rele d advising that locally produced vi e entitled Diverse Du e que: A Focus e National Origin s received the to at Motion Picture Ass t ation Award of Ex t lence in the Corpor and Community M keting category at , Annual IMPA Awa Ceremony in Moines. Upon mot the documents w received, filed, a approved. ITEMS TO BE SET PUBLIC HEARING Motion by Lynch receive and file t documents, adopt t resolutions, set t public hearings indicated, and dir the City Clerk publish notice prescribed by la Seconded by Jon Motion carried 6-0. Urban Renewal T Increment Reven Notes - 40 Main, LL City Manager reco mending that a publ hearing be set for Ju 15, 2009 to consider t issuance of not exceed $700,000 Urban Renewal Ta Increment Revenu Notes to support mixed use redevelo ment of the building 40 Main Street by 4 Main, LLC. Upo motion the document were received and file anu Kesoiution No. 18� 09 Fixing date for meeting on th proposition of th issuance of not t exceed $700,000 Urba Renewal Tax Incremen Revenue Notes o Dubuque, Iowa, an providing for th publication of notic thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. North Fork Catfish Creek Sanitary Sewer Project - Phase II: City Manager recom- mending initiation of the public bidding process for the North Fork Catfish Creek Stormwater and Sani- tary Sewer Improve- ments Project - Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 185-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and esti- mated cost; and ordering the advertise- ment for bids was adopted setting a public hearing for a meeting to commence t 6:30 p.m. on June 15, 009 in the Historic ederal Building. Dubuque Industrial Center West - North Siegert Farm Phase III Project: City Manager recommending initia- tion of the public bidding process for the Dubuque 'Industrial Center West - North Siegert Farm Phase III Project and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 186- 09 Preliminary ap- proval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. National Mississippi River Museum and Aquarium River Center Project - Phase II: City Manager recommend- ing initiation of the public bidding process J for the National Mississippi River Museum and Aquarium a River Center Project - R Phase II and that a p public hearing be set A for June 15, 2009. Upon - motion the documents a were received and filed a and Resolution No. 187- 0 09 Preliminary ap- o e: A terms through June 29, onal 2012 (Terms of Fuller ase and Parks). Applicants: the Cynthia Fuller, 960 deo Prince Phillip Drive; bu- Bryce Parks, 2005 N. on Main Street has Historic Preservation wa Commission: Four 3- oci- year terms through cel- July 1, 2012 (3 at -large, ate 1 Cathedral Historic ar- District resident or the interim; Terms of rds Bichell, Lundh, Olson, Des Knight. Applicants: ion Christen Happ Olson, ere 1090 Grove Terrace; nd Shayne Henry, 160 Devon Drive; Michael FOR Knight, 942 Mt. Pleasant Street; Mary to Loney Bichell, 595 W. he llth Street; Peggy he Stover, 1145 Locust he Street. Ms. Olso as Ms. Stover spo ect support of to appointment. as Housing Code Ap w. Board: One 3-year es. through Januar 2011 (Term of M ax Applicant: ue Anglese, 2752 C C: Avenue. m- Investment Ove is Advisory Commi ne Two 3-year t he through July 1, to (Terms of Lass in and Melendez). A x cants: Brad Chal e 1095 W. 3rd St a Paul Lassance, p- Embassy Court; H at Melendez, 1920 Sh 0 Street. Mr. Chal n spoke in support o s appointment. d Long Range Plan 1- Advisory Commis a Two 3-year t e through July 1, e (Terms of Darter o Stein). Applic n Chad Darter, t Matthew John D f Lou Oswald, d Nowata Street. e Park and Recrea • Advisory Commiss One 3-year t through June 30, 2 (Term of Dugg Applicants: Ro Blocker, 880 K Street; Charles D gan, 2317 Beacon Drive; Shayne He 160 Devon Drive; Da Schlueter, 3645 C cent Ridge. Mr. Bloc spoke in support of appointment. TV Cable Regulat Commission: One year term through Ju 30, 2012 (Term of Ell Applicant: Charlie El 373 S. Grandvi Avenue. ' TV Cable Commun Tele-programming Co mission: Three 3-y terms through June 2012 (Terms of Tigg Vincent, and McDo ough). Applicants: le nifer Tigges, 4927 W Flower Drive; Al Vincent, 1010 Dunha Drive. Zoning Advisory Co mission: Two 3-ye terms through July 2012 (Terms of Mill and Hardie). App cants: Ryan Angles 2752 Carlton Avenu Stephen Hardie, 62 Fremont Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Mr. Miller spoke in support of his appointment. Upon motion the rules were suspended allow- ing anyone present to address the City Council. PUBLIC HEARINGS Green Alley Pilot Project - Alley between Jackson and White Streets from llth to 13th Streets: Proof of publication on notice of public hearing to consider the plans specifications, form o contract and estimate cost for the Green Al le Pilot Project - Alle between Jackson an White Streets from llth to 13th Street and City Manage recommending ap proval. Motion by Jones to receive and file the documents and adopt Resolution No 188-09 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (11th - 13th between White and ackson Streets); Resolution No. 189-09 With respect to the doption of the esolution of Necessity roposed for the Green Iley Pilot Project (llth 13th between White nd Jackson Streets); nd Resolution No. 190- 9 Approving Schedule f Assessment and i L-ue Approval or"' plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Im- provements Project - Phase I. Seconded by Braig. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Police Department Towing Contract: City Manager recom- mending award of the Fiscal Year 2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Motion by Braig to receive and file the documents and approve the recom- n and mendation. Seconded ke in by Jones. Responding their to questions from the City Council, Acting peals Police Chief Terry term Tobin provided a brief y 1, history and explan- oore). ation of the towing Ryan contract process. arlton Motion carried 6-0. Urban Development rsight Action Grant (UDAG) ssion: Loan Agreement - erms Genuine Genius 2012 Solutions: City Mana- ance ger recommending ppli- approval to amend the mers, $40,000 Urban Develop- reet; ment Action Grant 4846 (UDAG) Loan Agree- i ram ment with Genuine elby Genius Solutions, LLC mers to allow a one year f his extension of the repayment of the loan. ning Responding to sion: questions from City erms Council, Economic 2012 Development Director and Dave Heiar stated that ants: the City's Finance 2544 Department monitors rive; loan payments, the 180 firm is not currently required to provide ation financial statements, ion: and the firm's erm equipment is held as 012 the loan security. an). Motion by Jones to bert table to June 15, 2009. ane Seconded by Resnick. ug- Motion carried 5-1 with Hill Lynch voting nay. nry, Municipal Housing vid Agency Governing res- Board: City Manager ker recommending ap- his proval of an ordinance amending Chapter 15, ory Community Develop- 3- ment of the City of ne Dubuque Code of is). Ordinances dissolving lis, the Municipal. Housing ew Agency Governing Board. 'Motion by ity Lynch to receive and m- file the documents and ear that the requirement 30, that a proposed es, ordinance be con- n- sidered and voted on n- for passage at two ild Council meetings prior an to the meeting at m which it is to be passed be suspended. Se- m- conded by Braig. ar Motion carried 6-0. 1, Motion by Lynch for er final consideration and li- passage of Ordinance e, No. 26-09 Amending e; City of Dubuque Code of Ordinances, Chapter 15,CommunityDevelop- ment, by repealing Section 15-11 Muni- cipal Housing Agency. Seconded by Braig. Motion carried 6-0 Pet Park: Request of City Council Member Ric Jones to schedule a worksession regarding the community's dog park. Motion by Jones to direct staff to schedule a work ses- sion to discuss future plans for a pet park and to include the Park and Recreation Com- mission, the Humane Society and other stakeholders. Se- f conded by Braig. d Motion failed 3-3 with y Voetberg, Connors and y Lynch voting nay. d COUNCIL MEMBER REPORTS s Resnick reported that r he had recently read - that the Platteville, Wisconsin, pet park has been successful and that regional residents are hoping Dubuque will resolve its pet park issue. There being no further business, upon motion the City Council adjourned at 7:32 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 6/10