Loading...
Proof of Publication_City Council Proceedings 9 21 09CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on - September 21, 2009 in the Historic Federal Building. r Present: Mayor Pro- - Tem Connors, Council I Members Braig, Jones, I Lynch, Resnick, Voet- berg, City Manager Van Milligen, Assistant City Attorney O'Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. Absent: Mayor Roy D. Buol Mayor Pro-Tem to September at 5:00 p.m. in tce Room A in , 50 West 13th Seconded by I. Motion car- b Street Retaining Reconstruction ct: Proof of publi- ~ on notice of hearing to con- the plans, specifi- ns, form of con- and estimated for the Heeb t Retaining Wall nstruction Project amity Manager rec- ending approval. >n by Voetberg to ve and file the ments and adopt lution No. 368-09 oving plans, speci- ons, form of con- , and estimated for the Heeb 't Retaining Wall nstruction Project. nded by Jones. on carried 6-0. affic Signal Mast- Retrofit -Central lue at 5th and 7th its Project: Proof ublication on Ho- of public hearing onsider the plans, ifications, form of ract and estimated for the Traffic Sig- Mastarm Retrofit - ral Avenue at 5th 7th Streets Project City Manager rec- to re- ~~~----(f66'ELZ$'aJOw „~~~c~e»ness rreven- Rebuild Iowa Office • yonw 9 goJOd luoJl a31u tion and Rapid Re- (RIO) Smart Growth oged padwels pZxgj 'qnl Housing Program Green Paper: City Man- IoodlJlyrot /M allns Jalsew funds was adopted. ager recommending 'ueldJOOlJuado'al!131fueJ Homelessness Pre- approval of a City of -aosaJnleaJgoueJa6eJe6 vention and Rapid Re- Dubuque position Jeo Z 'y8 S'Z 'd8 E snob Housing Program statement on the Re- -edS - 1Itl1311NM 96Ed (HPRP) Agreement build Iowa Office with Project Concern: Smart Growth Green - C't M P t'tl d' R 006'6gE$'aJc yonw g ~~ pagslwJ'oq padwels '~loap 'aoi -aJlj '6UIJ001J 31weJa3 poorotpJeq 'leay JoolJ 'uay3;hj In)JapuoM 'u JoolJ snoloeds 'a6e. Jeo 9 'tl8 E 'J8 q saml goueJ 311nq woisn3 ~: Ile InJllnea8 - 3101 SIIIH NH3H1(lOS 84 Chapter 7 related to the registration, rules, and regulations for op- eration of bicycles within the City of Du- buque. Seconded by Jones. Motion carried 6-0. National League of Cities: Communication from the National Lea- gue of Cities request- ingthe designation of a voting delegate and al- ternate for the upcom- ing NLC Conference. Motion by Lynch to re- ceive and file the docu- ments with consensus designating Mayor Buol and Council Mem- ber Voetberg as voting delegates and Council Members Connors and Lynch as alternates. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the definition of a bicycle from the Iowa State Code, which the City complies with. Connors acknowl- edged the positive community leadership and good local/nation- al press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Vet- eran's Memorial on Chaplain Schmitt Is- land on November 11. There being no fur- I y anager recom- ager, en I e . ecov- CfTA~t~~ OF IOWA {SS: mending approval of tiring from the Storms, IJ an agreement with Planning for the Fu- Project Concern, Inc. ture: A Safer, Smarter, DUBUQUE COUNTY for the Homelessness Stronger Iowa. Upon Prevention and Rapid m~ti~n the dorumonts Re-Housing Pro ram in v wed h co. Micnene Ml~ialaKls, t ,~~ 2545 Jackson Street, C.=. ' ` d spoke in support of the t Make ~ ~ CERTIFICATION OF PUBLICATION request. Planning Serv- ices Manager Laura ~ Carstens provided a s ~-,5 Free staff report. F~ Cdll CUStOII Motion by Jones for fi- c,,,. .. .. nal consideration dnd t FRIENDSHIP FIRST f d' passage o Or finance No. 47-09 Amending t;~~ SWM, 25, 55", browNbro ivies the outdoors, camping, fishin I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa t WF h i ki Appendix A (The ZDn- ing Ordinance) of the w o rg or g5 and more.Loo liesamethings.~294239 co oration, ublisher of the Tele > a rp p ~ ~,h Herald,a newspaper of general circulation City of Dubuque Code of Ordinances by re- E ARE YOU THE ONE ry °tpublished in the City of Dubuque, (,ounty of Dubuque and State of Iowa; hereby wFs 8~5g ki~ gjwait n~IL c classifying hereinafter described property lo- v n e o o r rthandcomforhablewithherself 'certif that the attached notice was ublished in said news a er on the followin iia y p p p g Gated in the 400 block of Lincoln Avenue from ~ HAPPINESS Irw~r,~ktckingforafemase";BOdates: September 30, 2009, and for which the charge is $347.95. R-2A Alternate Two- ~rmore.'C31601s Family Residential Dis- a trict to OR Office Resi- CALL MEI seakswF,s 7o wS petiredSWM dential District. , , , i~1Bf and er'loy lire wam me. I like f Seconded b Voetber . Y 9 MOt10n Carried 6-0 pards and more. Dubuque area. ~ ' . Unified Development Mrir,•ornnf ..f ..~~r. n,.- ARE YOU MR. RIGH tiWM, 22, 6'3", 1651bs, likes swimn ishirg, racng. Seeking SW/AF, 18--: ~ e ~ ~ ~ Comm Pomeranian puppies, elationshlP. 5319379 1 u ~ ~ ~ ~ nicatio beautiful, small family I'LL BE THERE J submit raised, vaccinated, ,wM. 5s, boks as, 5'1", 2WIbs, N tion fr started crate train, ping, likes country living, outdo simile rt S l female 35-56 Preser 8wks old, super cute, po s. ee ang , , iendsnipfirst.5319296 Sion. l ready, $275 cash. dDCUm Cdll 608-397-2594 SEEKING EASVGOtNG K C01Ved VM, 55, grayNlue, good-looking, n likes horseback ridinganc ad-back there: PUG PUPPIES,AKC, , Seeking a nice woman, 40-55, to gc ed. 8 weeks, blacks & nice time wife. 5320101 b Greyl fawns, shots & wormed, LoGKING FOR MY Ho Su scribed to before me a Notary Public in and for Dubuque County Iowa and ~ health guaranteed, Drive - family raised, $250. asyyoing, very romantic swM, ~ US, retired farmer, widower, own , , , ~, i thi$ -. _ day of `~ ~ {, ~-~ .i ~,.~-r_i'- ~~ , 20 (~ ` . ager 608-624-3847 njoys campng, dancing, dining , appro~ IuvpugsaQmwt.net hurch, quiet nights at home, th Greyh( ands. Seeking active, healthy S\~ and I ossiWe LTR. 5313974 DfIVe. ~ ~+' TAKEACHANCE docum VM. 5'11", brown hair, enjoys hi rorking on cars and more. Seekmc ceived Dachshunds, Pekingese ~~a~yyF, 21-35, for LTR. 5295 Resolu and Yorkshire Terriers, THAT SPECIAL SOME Appro~ shots, reg., loveable, ;WM,53,5'6",2601bs.truckdriver, $250-$450.608-996-2793 ;5.60. who likes trying new things.' ed a staff report. Assis- tant City Attorney Tim cE~wM,ss,s'ayneavy-seibrow~ mnjoysthaoutdoors,bowling,gc O'Brien responded to lug a SF, 40-60, with similarinti questions from City plelationship. 9'133736 CDUr1Cl Members. Mo- ci TAKEACHANCE tion carried 6-0. traM, 33, likes gang for walks, 40 Mdln, LLC: Pr00f Of CNatching movies at home, N publication on notice ba0°d time. Looking for WF 28 of .public hearing to Cerests. to get to know. 9'3097 consider the vacating P of a portion of Jones V ~ Street and the adjacent ri ~ alley north of Jones Street behind 42, 44 hips. To ensure your safety, care and 48 Main Street and pioice messages. TO review ours City Manager recom- c mending approval. D ~r~` . ~~ ~ a C`., ,o , ',N~tary Public in and for Dubuque County, Iowa. „~*'A1. JANET K. PAPE ' Commission Number 199659 z ,oW- My Comm. Exp. DEC. 11, 2010 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on - September 21, '2009 in the Historic Federal Building. Present: Mayor Pro- - Tem Connors, Council 1 Members Braig, Jones, .Lynch, Resnick, Voet- berg, City Manager Van Milligen, Assistant City Attorney O'Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. "Absent: Mayor Roy D. Buol Mayor Pro-Tem I GIG,51 1 1 Ic1 al Concrete Crack Repair Project to September 23, 2009 at 5:00 p.m. in Conference Room A in City Hall, 50 West 13th Street. Seconded by Voetberg. Motion car- ried 6-0. Heeb Street Retaining Wall Reconstruction Project: Proof of publi- cation on notice of public hearing to .con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City' Manager rec- ommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 368-09 Approving plans, speci- fications, form of con- tract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Jones. Motion carried 6-0. Traffic Signal Mast - arm Retrofit - Central Avenue at 5th and 7th Streets Project: Proof of publication on no- tice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- I woo uewpuesanep'MMM Os. '£LZ$'810W yonw ' golod luolj aolu oiled pedwels OZxb l 'qnl Ioodll!UM /M aljns lalsew 'ueld loon uado `apl alwel -eo samleaj youel 0E1e6 1eo Z 'V8 9'Z 'HS E snop -edS - 11V131IHM 96£Z '006'617£$'alow yonw'911 p9gslull `oiled padwmis '>loap 'eoeld anj '6uuool4 gUIE18O 9 pooMpleq 'wog 100g uI uay3l!�I lnpapuoM 'ueld loon snoloeds `e6e1e6 1E3 9 'VB E '18 b saln4E0 j y0UE1 1pnq wolsn3 4ouq Ile Injmneae - 319810 S11IH N113H1110S 9£Z9 '006'6b£$ 101 013E uE lsoWle uo aloes yonw g 'qnl log 'pod '>loap 'aooidallj 'll poyslug 'ueid loon snol3 -eds `se6e1E6 L salnle0j awog F.Iols Z 'V8 17'8E1 b slyl'awog s04e1 uol6W1Je8 Injllneag - 19 N331H1VN £904t 1 _ Connors read the call and stated this is a reg- ular session of the City Council to act upon such business that may properly come before the City Council. • Pledge of Allegiance Invocation was pro- vided by Sister Beth Driscoll, Sisters of the Presentation, Leader- ship Team PROCLAMATIONS Constitution Week (September 17 - 23, 2009) was accepted by Carla Burchett, 3855 Creston; Day of Peace (September 21, 2009) was accepted by Sister Pat Farrell, 10031/2 Da- vis Street; Arts and Hu- manities Month (Octo- edged the positive community leadership and good local/nation- al press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Vet- eran's Memorial on Chaplain Schmitt Is- land on November 11. There being no fur- ther business, upon Co nic sul do Prt sia do ce th, ed ar Dr ac al GI ar Dr do ce RE Al v,,,elessness vreven- tion and Rapid Re - Housing Program funds was adopted. Homelessness Pre- vention and Rapid Re - Housing Program (HPRP) Agreement with Project Concern: City Manager recom- mending approval of an agreement with Project Concern, Inc. fo"r the Homelessness Prevention and Rapid Re -Housing Program in Mlcnelle MI alakls, 2545 Jackson Street, spoke in support of the request. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion by Jones for fi- nal consideration and passage of Ordinance No. 47-09 Amending Appendix A (The Zon- ing Ordinance) of the City of Dubuque Code of Ordinances by re- classifying hereinafter described property lo- cated in the 400 block of Lincoln Avenue from R-2A Alternate Two - Family Residential Dis- trict to OR Office Resi- dential District. Seconded by Voetberg. Motion carried 6-0. Unified Development Code: Proof of publica- tion on notice of public hearing to consider adoption of the Unified Development Code - Articles 1 through 15 and Zoning Advisory Commission recom- mending approval. Mo- tion by Jones to receive and file the documents and consider a first reading of a proposed ordinance establishing Title 16, Unified Devel- opment Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa and for the re- peal of all ordinances in conflict herewith. Seconded by Lynch. Planning Services Laura Carstens provid ed a staff report. Assis- tant City Attorney Tim O'Brien responded to questions from City Council Members. Mo- tion carried 6-0. 40 Main, LLC: Proof of publication on notice of .public hearing to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street and City Manager recom- mending approval. Rebuild Iowa Ottice (RIO) Smart Growth Green Paper: City Man- ager recommending approval of a City of Dubuque position statement on the Re- build Iowa Office Smart Growth Green Paper, entitled: Recov- ering from the Storms, Planning for the Fu- ture: A Safer, Smarter, Stronger Iowa. Upon motion the documents re rec•ived filed, STATE OF IOWA {SS: DUBUQUE COUNTY Make a F CERTIFICATION OF PUBLICATION 15 Free CaII custom FRIENDSHIP FIRST 2wes outdWM,00rs, ors 5'5camping, brdwNbroI Suzanne Pa Billing Clerk for Woodward Communications,n Iowa 6�ves the outdoors, camping, fishin , Inc, Inc.,, $esamethngsg and more. o294239 Fwho icorporation, publisher of the Telegraph Herald,a newspaper of general circulation E ARE YOU THE ONE rthletic male, 6'3", enjoys getting olpublished in the City of Dubuque, County of Dubuque and State of Iowa; hereby run. Looking for cute WF, 18-25, w ; pith and comfortable wlhherself . certify that the attached notice was published in said newspaper on the following HAPPINESS n-minded SWM, 22, 6'3",19oldates: September 30, 2009, and for which the charge is $347.95. maker, looking fora female, 18-60. fir more. $316015 a CALL ME! 8letired SWM, 70, N/S, seeks WF, 5' !}ether and enjoy life with me. I like t pards and more. Dubuque area. d. a ARE YOU MR. RIGH- tiWM, 22, 6'3", 1651bs, likes swimn fishing, racing. Seeking SW/AF, 182 eelationship. $319379 it I'LL BE THERE b;WM, 56, looks 45, 5'1 ", 2001bs, N rioing, likes country living, outdc ports. Seeking female, 35-56, simile iriendship first 17319285 C SEEKING EASYGOING N pVM, 55, gray/blue, good-looking, n ,,aid -back, likes horseback riding an, "seeking a nice woman, 40-55, to gc i r, nice time with. S 320101 LOOKING FOR MY HOSubscribed to before me, a Notary Public in and for Dubuque County, Iowa, e 5 s, rdng, very romantic SWM, 6Ethis 30 day of , 20 o� e1/S, retired fanner, widower, own Pnjoys camping, dancing, dining jnhurch, quiet nights at home, th cands. Seeking active, healthy S0 alossible LTR. $313874 TAKE A CHANCE 0IVM 5'11", brown hair, enjoys ht alaorking on cars and more. Seeking try -earth WF, 21-35, for LTR. $295' tit THAT SPECIAL SOME, 8(NVM, 53, 5'6", 2601bs, truck driver, Mi5-60, who likes trying new things. ' LOOKING FOR YOI CE1WM, 55, 5'8", heavy -set, brown/bk nlnjoys the outdoors, bowling, golf ar I thg a SF, 40-60, with similar interes. p lelationship. 3133736 Ci TAKE A CHANCE ON trNM, 33, likes going for walks, biki catching movies at home, tv and blood time. Looking for WF, 28-40, erects, to get to know. 2308703 P V Ie.com/h b Ips. To ensure your safety, carefully voice messages. To review our con cI D CP„, Nokary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 Homelessness Preven- tion and Rapid Re - Housing Program funds was adopted. Homelessness Pre- vention and Rapid Re - Housing Program (HPRP) Agreement with Project Concern: City Manager recom- mending approval of an agreement with Project Concern, Int. for the Homelessness Prevention and Rapid Re -Housing Program in the amount of $502,294. Upon motion the documents were received and filed and Resolution No. 345-09 Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re -Housing Program (HPRP) was adopted. Consolidated Annual Performance and Eval- uation Report (CAPER): City Manager recom- mending approval of the Consolidated Annu- al Performance and Evaluation Report (CA- PER) for the period of July 1, 2008 through June 30, 2009, which is required by the regula- tions governing the Community Develop- ment Block Grant (CDBG) Program. Upon Connors read the call Commission: Commu- and stated this is a reg- nication from Eli Licht ular session of the City submitting his resigna- Council to act upon tion from the Historic such bu' iness that may Preservation Commis - properly come before sion. Upon motion the the City Council. • documents were re - Pledge of Allegiance ceived and filed and Invocation was pro- the resignation accept- vided by Sister Beth ed. Driscoll, Sisters of the Greyhound Park Road Presentation, Leader- and Admiral Sheehy ship Team Drive Plats: City Man - PROCLAMATIONS ager recommending Constitution Week approval of the plats of (September 17 - 23, Greyhound Park Road 2009) was accepted by and Admiral Sheehy Carla Burchett, 3855 Drive. Upon motion the Creston; Day of Peace documents were re - (September 21, 2009) ceived and filed and was accepted by Sister Resolution No. 341-09 Pat Farrell, 10031/2 Da- Approving plat of Lot A vis Street; Arts and Hu- manities. Month _(Qcto- ber, 2009) was accept- ed by Arts and Cultural Affairs Advisory Com- mission Chairperson Geri Shafer, 1207 Ade- line Street; Crop Walk Day in Dubuque (Octo- ber 4, 2009) was ac- cepted by Sr. Anita Hayes, 1965 South. Grandview Avenue; Week without Violence (October 18 - 24, 2009) was accepted by Sr. Charla Bulko of the Du- buque Community Y, 35 N. Booth Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. Minutes and Reports Submitted: Cable Com- munity Teleprogram- ming Commission of 8/4; Cable TV Regula- tory Commission of 3/11; City• Council of 9/8; Civil Service Com- mission of 9/1; .Com- munity Development Advisory Commission of 8/12; Environmental Stewardship Advisory Commission of 9/1; Historic Preservation Commission of 8/20; Human Rights Commis- sion of 7/13; Transit Board of 8/13; Zoning Advisory Commission of 9/2; Library Board of Trustees Update from Meeting of August 27, 2009 Proofs of publication of City Council Pro- ceedings of August 17, 25 and 26, 2009 and List of Claims and Summa- ry of Revenues for Month Ended July 31, 2009 Upon motion documents were ceived and filed. Notice of Claims/ Suits: Progressive Classic Insurance Com- pany a/s/o Paul Olson for vehicle damage; Accident Fund Insur- ance . Company a/s/o Barbara Frond-sen for personal injury; Joe Frederick for vehicle d U otion CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Present: Mayor Pro- Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, Assistant City Attorney O'Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. "Absent: Mayor Roy D. Buol Mayor Pro-Tem amage. pon m the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Jennifer Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for ve- hicle damage. Upon motion the documents were received and filed and concurred. Historic Preservation the re - Rebuild Iowa Office (RIO) Smart Growth Green Paper: City Man- ager recommending approval of a City of Dubuque position statement on the Re- build Iowa Office Sm art Growth Green Paper, entitled: Recov- ering from the Storms, Planning for the Fu- ture: A Safer, Smarter, Stronger Iowa. Upon motion the documents were received, filed, and approved. Historic Millwork Dis- trict (HMD) Bike and Pedestrian Facilities: City Manager recom- mending approval of the submission of a Statewide Transporta- tion Enhancements Grant Application and a Federal Recreational Trails Grant Applica- tion for the Historic Millwork District Bike and Pedestrian Facili- ties. Upon motion the documents were re- ceived and filed and Resolution No. 348-09 Approving submittal of a Statewide Enhance- ment Grant Application to the Iowa' Depart- ment of Transportation for Historic Millwork District Bike and Pe- destrian Facilities Proj- ect and Resolution No. the documents were received, filed, and re- ferred to the City Man- ager. Housing Trust Fund Grant Application: City' Manager recommend- ing approval of the sub mission of a Hous- ing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued "support of homeownership ac- tivities in the Washing- ton Neighborhood. Upon motion the docu- ments were received and filed and Resolu- tion No. 351-09 Approv- ing commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. Certificate of Comple- tion - Malay Holdings, LLC - Vanguard: City Manager recommend- ing approval of the is- suance of a Certificate of Completion for Ma- lay Holdings, LLC in the Dubuque Industrial Center West acknowl- edging completion of their obligations to construct Minimum Im- provements as stipu- lated in the Develop- ment Agreement. Upon motion the documents cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 353-09 Granting the issuance of one new permit to sell cigarettes and cig- arette papers; Resolu- tion No. 354-09 Grant- ing the issuance of a Class "B" Beer Permit to Happy Joe's and a Class "C" Beer Permit to Phillips 66/Arby's and Hy-Vee Gas #2; and Resolution No. 355- 09 Granting the issu- ance of a Class "B" (Hotel/Motel) Liquor License to Hilton Gar- den Inn; Class "C" Beer/Liquor License to Angie's Bar, A & B Tap, Happy's Place, The Grand Tap, Fat Tues- day's, Loras College, Red Robin Burgers and Grand River Center; and a Class "WBN" Na- tive Wine Permit to Gotta Have It were adopted. International Business Machines - Joint Devel- opment Agreement: City Manager recom- mending approval of a Joint Development Agreement between International Business Machines (IBM) and the City of Dubuque as authorized by the City in the southwest quar- ter of Fractional Sec- tion 17, Township 89 North, Range 3 east of the 5th P.M. in City of Dubuque, Dubuque County, Iowa; Resolu- tion No. 342-09 Approv- ing plat of Lot A in the northeast quarter of Fractional Section 19, Township 89 North, Range 3 east of the 5th P.M. in City of Dubu- que, Dubuque County, Iowa; and . Resolution No. 343-09 Approving plat of Lot A in the southeast quarter of Fractional Section 18, Township 89 North, Range 3 east of the 5th Federal Building. 2009 Cured -in -Place (CIPP) Lining Project: City Manager recom- mending that the bid received for the 2009 Cured -in -Place (CIPP) Lining Project be re- jected and to re -initiate v the public bidding pro- cedure and setting a public hearing for Oc- tober 5, 2009. Upon mo- tion the documents were received and filed and Resolution No. 357- 09 Rejecting bids for the 2009 Cured -in - Place Lining Project; P.M. in City of Dubu- que, Dubuque County, Iowa, were adopted. State Energy Program Application: City Man- ager recommending support of the State Energy Program Appli- cation submitted to the Iowa Office of Energy Independence for the Multi -Cultural Family Center. Upon motion the documents were received, filed, and ap- proved. Fiscal Year 2009 An- nual Plan Amendments #6 and #7: City Man- ager recommending approval of amend- ments to the Fiscal Proof of publication on notice of public hearing to consider disposition of real es- tate by Real Estate Contract with 40 Main, LLC and City Manager recommending appro- Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 359-09 Va- cating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of lA in the west half of Block 10 in Dubuque and Resolution No. 358- ,Harbor Company's Ad- 09 Preliminary aggro- dition in the City of Du- val of plans, specifica- buque, Dubuque Coun- tions, form of contract, ty, Iowa; and Resolu- and estimated cost; tion No. 360-09 Dispos- setting date of public ing of the City's inter - hearing on plans, spec- est in Lot 1 of 10A, Lot ifications, form of con- 1 of 12A and Lot 1 of tract, and estimated 17A all in the west half cost; and ordering the of Block 1 and Lot 1 of advertisement for bids 1A in the west half of for the 2009 Sewer Block 10 in Dubuque Cured -in -Place Pipe Harbor Company's Ad- (CIPP) Lining Project dition in the City of Du - were adopted setting a buque, Dubuque Coun- public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Historic Pres- ervation Commission: One 3-year term through July 1, 2011 - Langworthy Historic District (Interim Term of Licht). Applicant: David Klavitter, 1090 West 3rd Street - Quali- fies for Langworthy Resident Commission- er. Mr. Klavitter spoke in support of his ap- pointment. Appointments to the following Boards/Com- missions: Environmen- tal Stewardship Advi- sory Commission: One 3-year term through October 1, 2012 (Term of Gayle (Gross) Wal- ter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Motion by Lynch to appoint Gayle Walter to the Environ- mental Stewardship Advisory Commission for a 3-year term through October 1, al. Year 2009 Action Plan to reallocate funding for the Community De- velopment Block Grant Recovery (CDBG-R) funds, Community De- velopment Block Grant (CDBG) and Homeless- ness Prevention and Rapid Re -Housing Pro- gram (HPRP). Upon motion the documents were received and filed and Resolution No. 344- 09 Approving the Fiscal Year 2009 Annual Ac- tion Plan Amendment #6 and #7 for the Com- munity Development Block Grant Recovery, Community Develop- ment Block Grant and Concrete Crack Repair Project to September 23, 2009 at 5:00 p.m. in Conference Room A City Hall, 50 West 13th Street. Seconded by Voetberg. Motion car- ried 6-0. Heeb Street Retaining Wall Reconstruction Project: Proof of publi- cation on notice of public hearing to con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City Manager rec- ommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 368-09 Approving plans, speci- fications, form of con- tract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Jones. Motion carried 6-0. Traffic Signal Mast- ty, Iowa. Seconded by arm Retrofit - Central Voetberg. Chris Miller, ' Avenue at 5th and 7th 3211 North Cedar Court, spoke in support of the request. Motion carried 6-0. West End Com mercial ial Subdivision: Proof of publication on notice of public hearing to consider a request from Tschiggfrie Exca- vating Company to va- cate and dispose of the final plat of West End Commercial Subdivi- sion and City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 361-09 Vacating the final plat of West End Commer- cial Subdivision and Resolution No. 362-09 Disposing of City inter- est in Lot A and Lot B in West End Commercial Streets Project: Proof of publication on no- tice of public hearing to consider the plans, specification s, , form of contract and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 369-09 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project. Seconded by Braig. Traffic Engineer Dave Ness provided an ex- planation of the need Subdivision in the City for this project. Motion carried 6-0. . Salt Dome Conveyor Project: Proof of publi- cation on notice of public hearing to con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Salt Dome Conveyor Project and City Manager recom- mending approval. Mo- of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hear- ing to consider the first amendment to the Fis- cal Year 2010 budget and City Manager rec- Chapter 7 related to the registration, rules, and regulations for op- eration of bicycles within the City of Du- buque. Seconded by Jones. Motion carried 6-0. National League of Cities: Communication from the National Lea- gue of Cities request- ing the designation of a voting delegate and al- ternate for the upcom- ing NLC Conference. Motion by Lynch to re- ceive and file the docu- ments with consensus designating Mayor Buol and Council Mem- ber Voetberg as voting delegates and Council Members Connors and Lynch as alternates. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the definition of a bicycle from the Iowa State Code, which the City complies with. Connors acknowl- edged the positive community leadership and good local/nation- al press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Vet- eran's Memorial on Chaplain Schmitt Is- land on November 11. There being no fur- ther business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 9/30 {SS: ly )N OF PUBLICATION for Woodward Communicl graph Herald,a newspaper County of Dubuque and as published in said newsp or which the charge is $34 y Public in and for Dubuq , 20 C.,` ( ary Public in and for Dub JANI Commissii M Comm. Y �,) P CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Present: Mayor Pro- Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, Assistant City Attorney O'Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. Absent: Mayor Roy D. Buol Mayor Pro-Tem Frederick for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Jennifer Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for ve- hicle damage. Upon motion the documents were received and filed and concurred. Historic Preservation Homelessness Preven- tion and Rapid Re - Housing Program funds was adopted. Homelessness Pre- vention and Rapid Re - Housing Program (HPRP) Agreement with Project Concern: City Manager recom- mending approval of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re -Housing Program in the amount of $502,294. Upon motion the documents were received and filed and Resolution No. 345-09 Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re -Housing Program (HPRP) was adopted. Consolidated Annual Performance and Eval- uation Report (CAPER): City Manager recom- mending approval of the Consolidated Annu- al Performance and Evaluation Report (CA- PER) for the period of July 1, 2008 through June 30, 2009, which is required by the regula- tions governing the Community Develop- ment Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 346- 09 Authorizing the sub- mission of a Consoli- dated Annual Perform- ance and Evaluation Report (CAPER) for the period commencing Ju- ly 1, 2008 and conclud- ing June 30, 2009 was adopted. Fiscal Year 2009 Street Finance Report: City Manager recom- mending approval of the City of Dubuque's Fiscal Year 2009 Street Finance Report for sub- mittal to the Iowa De- partment of Transpor- tation. Upon motion the documents were received and filed and Resolution No. 347-09 Approving the City of Dubuque Fiscal Year 2009 Street Finance Re- port was adopted. PEG Capital Grant Ex- penditure: City Manag- er recommending ap- proval of the Cable TV Tele-Programming Commission recom- mendation for funding from thq Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities to the City of Dubuque for $3,874.79 to run audio and video cables to enable live and recorded telecasts from the historic sec- tion of the Carnegie - Stout Public Library. Upon motion the docu- ments were received, filed, and approved. Rebuild Iowa Office (RIO) Smart Growth Green Paper: City Man- ager recommending approval of a City of Dubuque position statement on the Re- build Iowa Office Smart Growth Green Paper, entitled: Recov- ering from the Storms, Planning for the Fu- ture: A Safer, Smarter, Stronger Iowa. Upon motion the documents were received, filed, and approved. Historic Millwork Dis- trict (HMD) Bike and Pedestrian Facilities: City Manager recom- mending approval of the submission of a Statewide Transporta- tion Enhancements Grant Application and a Federal Recreational Trails Grant Applica- tion for the Historic Millwork District Bike and Pedestrian Facili- ties. Upon motion the documents were re- ceived and filed and Resolution No. 348-09 Approving submittal of a Statewide Enhance- ment Grant Application to the Iowa' Depart- ment of Transportation for Historic Millwork District Bike and Pe- destrian Facilities Proj- ect and Resolution No. 349-09 Approving sub- mittal of a Federal Rec- reational Trails Grant Application to the Iowa Department of Trans- portation for Historic Millwork District Bike and Pedestrian Facili- ties Project were adopted. Plat of Survey - Bon - son and Stewart's Sub- division: Zoning Advi- sory Commission rec- ommending approval of the Plat of Survey of Lot E in the Bonson and Stewart's Subdivision. Upon motion the docu- ments were received and filed and Resolu- tion No. 350-09 Approv- ing a plat of survey of Bonson and Stewart's Subdivision Lot E in the City of Dubuque, Iowa, was adopted. Office of the City As- sessor: Communication from Richard A. Engelken, City Asses sor, advising that the Board of Review has five appeals before the Property Assessment Appeal Board in Des Moines and three ap- peals before the Iowa District Court. Upon motion the documents were received and filed. . Request to Purchase City Property: Commu- nication from David W. Leifker, representing Raymond E. Tarkett, requesting to purchase a portion of the City al- ley which bisects his property. Upon motion the documents were received, filed, and re- ferred to the City Man- ager. Housing Trust Fund Grant Application: City' Manager recommend- ing approval of the submission of a Hous- ing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued 'support of homeownership ac- tivities in the Washing- ton Neighborhood. Upon motion the docu- ments were received and filed and Resolu- tion No. 351-09 Approv- ing commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. Certificate of Comple- tion - Malay Holdings, LLC - Vanguard: City Manager recommend- ing approval of the is- suance of a Certificate of Completion for Ma- lay Holdings, LLC in the Dubuque Industrial Center West acknowl- edging completion of their obligations to construct Minimum Im- provements as stipu- lated in the Develop- ment Agreement. Upon motion the documents were received, filed, and approved. Iowa Clean Air Attain- ment Program (ICAP) Application: City Man- ager recommending approval of the sub- mission of a $500,000 Department of Trans- portation ICAP grant application for the pur- chase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospi- tals and medical cen- ters. Upon motion the documents were re- ceived and filed and Resolution No. 352-09 Authorizing an applica- tion for funding from the Iowa Clean Air At- tainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers was adopted. Transmittal of GIS Da- ta to FEMA Regarding DFIRM: City Manager recommending appro- val of the submission of a letter to FEMA re- questing revision of the proposed boundary delineations on the preliminary DFIRM based on the GIS shape file prepared by HDR. Upon motion the docu- ments were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 353-09 Granting the issuance of one new permit to sell cigarettes and cig- arette papers; Resolu- tion No. 354-09 Grant- ing the issuance of a Class "B" Beer Permit to Happy Job's and a Class "C' Beer Permit to Phillips 66/Arby's and Hy-Vee Gas #2; and Resolution No. 355- 09 Granting the issu- ance of a Class "B" (Hotel/Motel) Liquor License to Hilton Gar- den Inn; Class "C" Beer/Liquor License to Angie's Bar, A & B Tap, Happy's Place, The Grand Tap, Fat Tues- day's, Loras College, Red Robin Burgers and Grand River Center; and a Class "WBN" Na- tive Wine Permit to Gotta Have It were adopted. International Business Machines - Joint Devel- opment Agreement: City Manager recom- mending approval of a Joint Development Agreement between International Business Machines (IBM) and the City of Dubuque as authorized by the City Council on September 17, 2009. Upon motion the documents were received, filed, and ap- proved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by Iaw. Seconded by Voetberg. Motion car- ried 6-0. Dubuque Ice and Rec- reation Center, Inc. (DICE) - Development Agreement and Lease Agreement: This item was removed from the agenda. McEvoy Street - Alley Vacate: City Manager recommending that a public hearing be set for October 5, 2009 to consider a request from Laura Skelton for the vacation and dis- posal of an alley adja- cent to 35 McEvoy Street. Upon motion the documents were received and filed and Resolution No. 356-09 Resolution of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal.Building. 2009 Cured -in -Place (CIPP) Lining Project: City Manager recom- mending that the bid received for the 2009 Cured -in -Place (CIPP) Lining Project be re- jected and to re -initiate the public bidding pro- cedure and setting a public hearing for Oc- tober 5, 2009. Upon mo- tion the documents were received and filed and Resolution No. 357- 09 Rejecting bids for the 2009 Cured -in - Place Lining Project; 1and Resolution No. 358- 09 Preliminary appro- =.val of plans, specifica- .-tions, form of contract, and estimated cost; setting date of public hearing on plans, spec- ifications, form of con- tract, and estimated cost; and ordering the advertisement for bids for the 2009 Sewer r. 'Cured -in -Place Pipe `(CIPP) Lining Project were adopted setting a - public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invit- ed to address the City L Council regarding their desire to serve on the following Boards/Com- missions: Historic Pres- ervation Commission: One 3-year term through July 1, 2011 - Langworthy Historic District (Interim Term of Licht). Applicant: David Klavitter, 1090 West 3rd Street - Quali- fies for Langworthy Resident Commission- er. Mr. Klavitter spoke in support of his ap- pointment. Appointments to the following Boards/Com- missions: Environmen- tal Stewardship Advi- sory Commission: One 3-year term through October 1, 2012 (Term of Gayle (Gross) Wal- ter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Motion by Lynch to appoint Gayle Walter to the Environ- mental Stewardship Advisory Commission for a 3-year term through October 1, 2012. Seconded by Braig. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- - cil. 2494 Pearl Street - Re- quest to Rezone: Proof of publication on no- tice of public hearing to consider a request from Tim McDonald to rezone property locat- ed at 2494 Pearl Street from R-1 Single -Family Residential District to R-2 Two -Family Resi- dential District and Zoning Advisory Com- mission recommending denial. Motion by Jones to re- ceive and file the docu- ments and concur with the denial. Tim McDo- nald, 8188 Southern Hills Circle, spoke in support of the rezoning. Planning Ser- vices Manager Laura Carstens provided a staff report. Zoning Ad- visory Commission Vice Chairperson Charles Miller spoke on behalf of the Commis- sion. Kevin DeMoss, 2486 Pearl; and Irvin Nauman, 2464 Pearl Street, spoke in oppo- sition to the request. Motion carried 6-0. 400 Block of Lincoln Avenue - Request to Rezone: Proof of publi- cation on notice of public hearing to con- sider a request from Michelle Mihalakis to rezone property locat- ed in the 400 block of Lincoln Avenue (Parcel #10-24-211-011) from R-2A Alternate Two - Family Residential Dis- trict to OR Office Resi- dential District and Zoning Advisory Com- mission recommending approval. Motion car- ried 6-0. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Midhelle Mihalakis, 2545 Jackson Street, spoke in support of the request. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion by Jones for fi- nal consideration and passage of Ordinance No. 47-09 Amending Appendix A (The Zon- ing Ordinance) of the City of Dubuque Code of Ordinances by re- classifying hereinafter described property lo- cated in the 400 block of Lincoln Avenue from D_')A A Ifornato "Nun_ Proof of publication on notice of public hearing to consider disposition of real es- tate by Real Estate Contract with 40 Main, LLC and City Manager recommending appro- val. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 359-09 Va- cating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque ,Harbor Company's Ad- dition in the City of Du- buque, Dubuque Coun- ty, Iowa; and Resolu- tion No. 360-09 Dispos- ing of the City's inter- est in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company's Ad- dition in the City of Du- buque, Dubuque Coun- ty, Iowa. Seconded by Voetberg. Chris Miller, 3211 North Cedar Court, spoke in support of the request. Motion carried 6-0. West End Commercial Subdivision: Proof of publication on notice of public hearing to consider a request from Tschiggfrie Exca- vating Company to va- cate and dispose of the final plat of West End Commercial Subdivi- sion and City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 361-09 Vacating the final plat of West End Commer- cial Subdivision and Resolution No. 362-09 Disposing of City inter- est in Lot A and Lot B in West End Commercial Subdivision in the City • of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hear- ing to consider the first amendment to the Fis- cal Year 2010 budget and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 363-09 Ap- proving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque. Seconded by Braig. Motion carried 6-0. General Obligation Bonds: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $3,000,000 General Ob- ligation Bonds to be used for various proj- ects and City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 364-09 Instituting proceedings to take additional ac- tion for the issuance of not to exceed $3,000,000 General Ob- ligation Bonds. Seconded by Resnick. Responding to ques- tions from the City Council, Budget Direc- tor Jenny Larson stated that the City's bond rating is very stable, and it will be reviewed with this issuance. City Manager Van Milligen stated that the City's bond rating was up- graded in 2003. Motion carried 6-0. General Obligation Ur- ban Renewal Bonds: Proof of publication on notice of public hear- ing to consider the is- suance of not to ex- ceed $13,500,000 Gen- eral Obligation Urban Renewal Bonds for costs associated with the construction of a multi -story public parking ramp located at 5th and Bluff Streets, and the con- struction of street, sewer, sidewalk, trail and other public infra- structure improve- ments within Dubuque Industrial Center West and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 365-09 Insti- tuting proceedings to take additional action for the issuance of not to exceed $13,500,000 General Obligation Ur- ban Renewal Bonds. Seconded by Resnick. Motion carried 6-0. General Obligation Refunding Bonds: Proof of publication on no- tice of public hearing to consider the issu- ance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds to pay costs of refunding and refi- nancing of certain City indebtedness and City Manager recommend- ing approval. Motion by 1 vnrh to rei eivp Concrete Crack Repair Project to September 23, 2009 at 5:00 p.m. in Conference Room A in City Hall, 50 West 13th Street. Seconded by' Voetberg. Motion car- ried 6-0. Heeb Street Retaining Wall Reconstruction Project: Proof of publi- cation on notice of public hearing to con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City Manager rec- ommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 368-09 Approving plans, speci- fications, form of con- tract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Jones. Motion carried 6-0. Traffic Signal Mast - arm Retrofit - Central Avenue at 5th and 7th Streets Project: Proof of publication on no- tice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 369-09 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project. Seconded by Braig. Traffic Engineer Dave Ness provided an ex- planation of the need for this project. Motion carried 6-0. . Salt Dome Conveyor Project: Proof of publi- cation on notice of public hearing to con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Salt Dome Conveyor Project and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 370-09 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Salt Dome Conveyor Project. Seconded by Braig. Public Works Director Don Vogt provided an explanation of the need for this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Pet Park: City Manag- er submitting the Park and Recreation Com- mission's recommen- dation on resolution of the Pet Park issue and requesting City Council direction. Communications from Leora Bemboom, John Lau and Roger Ruden (with CD) regarding the dog park issue. Communication from Toni Kretschmer re- questing that Nancy Stecklein be allowed to address the City Coun- cil regarding the dog park issue. Motion by Jones to re- ceive and file the docu- ments, adopt and con- cur with recommenda- tions of the Park and Recreation Commis- sion to develop a pet park at the Thermo - Fischer Scientific and Roosevelt Park sites, work on the future Hu- man Society site, and to maintain the present North Grandview Ave- nue site in its present form. Seconded by Braig. Mayor Pro-Tem Connors allowed limit- ed citizen input. Nancy Stecklein, 2360 Clarke Crest Drive, spoke in support of keeping the pet park open. Peggy Stover, 1145 Locust Street, spoke in favor of the additional sites and presented a peti- tion in support of keep- ing the pet park open. Leisure Services Man- ager Gil Spence stated that user fees have not been considered but could be if directed by the City Council. Mo- tion carried 5-1 with Voetberg voting nay. Advertisement for Sale of Bonds: City Manager recommend- ing approval of the ad- vertisement for the sale of Bond Series 2009A, 2009E and 2009C, approval of the electronic bidding pro- cedures and the form of notice of sale, and authorize a preliminary official statement to be completed and distrib- uted in connection with the offering of the bonds for sale. Motion by Lynch to receive and file the documents Chapter 7 related to the registration, rules, and regulations for op- eration of bicycles within the City of Du- buque. Seconded by Jones. Motion carried 6-0. National League of Cities: Communication from the National Lea- gue of Cities request- ing the designation of a voting delegate and al- ternate for the upcom- ing NLC Conference. Motion by Lynch to re- ceive and file the docu- ments with consensus designating Mayor Buol and Council Mem- ber Voetberg as voting delegates and Council Members Connors and Lynch as alternates. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the definition of a bicycle from the Iowa State Code, which the City complies with. Connors acknowl- edged the positive community leadership and good local/nation- al press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Vet- eran's Memorial on Chaplain Schmitt Is- land on November 11. There being no fur- ther business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 9/30 {SS: ly )N OF PUBLICATIO1N For Woodward Commun. .graph Herald,a newspal County of Dubuque an as published in said new 'or which the charge is $: y Public in and for Dubt , 20 nc ary Public in and for Di JA Commi: My Com —iCI.CI VCu U1TU 111CY 411�1 ua.✓a ru„ .,,a. a.✓. --•— -- t' _ N 3510 9 A rov- License Res01Ution NO. 34b-Uy Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re -Housing Program (HPRP) was adopted. Consolidated Annual Performance and Eval- uation Report (CAPER): City Manager recom- mending approval of the Consolidated Annu- al Performance and Evaluation Report (CA- PER) for the period of July 1, 2008 through June 30, 2009, which is required by the regula- tions governing the Community Develop- ment Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 346- 09 Authorizing the sub- mission of a Consoli- dated Annual Perform- ance and Evaluation Report (CAPER) for the period commencing Ju- ly 1, 2008 and conclud- ing June 30, 2009 was adopted. Fiscal Year 2009 Street Finance Report: City Manager recom- mending approval of the City of Dubuque's Fiscal Year 2009 Street Finance Report for sub- mittal to the Iowa De- partment of. Transpor- tation. Upon motion the documents were received and filed and Resolution No. 347-09 Approving the City of Dubuque Fiscal Year 2009 Street Finance Re- port was adopted. PEG Capital Grant Ex- penditure: City Manag- er recommending ap- proval of the Cable TV Tele-Programming Commission recom- mendation for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities to the City of Dubuque for $3,874.79 to run audio and video cables to enable live and recorded telecasts from the historic sec- tion of the Carnegie - Stout Public Library. Upon motion the docu- ments were received, filed, and approved. LITy ivlanayer I UUlll mending approval of the submission of a Statewide Transporta- tion Enhancements Grant Application and a Federal Recreational Trails Grant Applica- tion for the Historic Millwork District Bike and Pedestrian Facili- ties. Upon motion the documents were re- ceived and filed and Resolution No. 348-09 Approving submittal of a Statewide Enhance- ment Grant Application to the Iowa' Depart- ment of Transportation for Historic Millwork District Bike and Pe- destrian Facilities Proj- ect and Resolution No. 349-09 Approving sub- mittal of a Federal Rec- reational Trails Grant Application to the Iowa Department of Trans- portation for Historic Millwork District Bike and Pedestrian Facili- ties Project were adopted. Plat of Survey - Bon - son and Stewart's Sub- division: Zoning Advi- sory Commission rec- ommending approval of the Plat of Survey of Lot E in the Bonson and Stewart's Subdivision. Upon motion the docu- ments were received and filed and Resolu- tion No. 350-09 Approv- ing a plat of survey of Bonson and Stewart's Subdivision Lot E in the City of Dubuque, Iowa, was adopted. Office of the City As- sessor: Communication from Richard A. Engelken, City Asses sor, advising that the Board of Review has five appeals before the Property Assessment Appeal Board in Des Moines and three ap- peals before the Iowa District Court. Upon motion the documents were received and filed. • Request to Purchase City Property: Commu- nication from David W. Leifker, representing Raymond E. Tarkett, requesting to purchase a portion of the City al- ley which bisects his property. Upon motion pp on o. ing commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. Certificate of Comple- tion - Malay Holdings, LLC - Vanguard: City Manager recommend- ing approval of the is- suance of a Certificate of Completion for Ma- lay Holdings, LLC in the Dubuque Industrial Center West acknowl- edging completion of their obligations to construct Minimum Im- provements as stipu- lated in the Develop- ment Agreement. Upon motion the documents were received, filed, and approved. Iowa Clean Air Attain- ment Program (ICAP) Application: City Man- ager recommending approval of the sub- mission of a $500,000 Department of Trans- portation ICAP grant application for the pur- chase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospi- tals and medical cen- ters. Upon motion the documents were re- ceived and filed and Resolution No. 352-09 Authorizing an applica- tion for funding from the Iowa Clean Air At- tainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers was adopted. Transmittal of GIS Da- ta to FEMA Regarding DFIRM: City Manager recommending appro- val of the submission of a letter to FEMA re- questing revision of the proposed boundary delineations on the preliminary DFIRM based on the GIS shape file prepared by HDR. Upon motion the docu- ments were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- o Hilton Gar- den Inn; Class "C" Beer/Liquor License to Angie's Bar, A & B Tap, Happy's Place, The Grand Tap, Fat Tues- day's, Loras College, Red Robin Burgers and Grand River Center; and a Class "WBN" Na- tive Wine Permit to Gotta Have It were adopted. International Business Machines - Joint Devel- opment Agreement: City Manager recom- mending approval of a Joint Development Agreement between International Business Machines (IBM) and the City of Dubuque as authorized by the City Council on September 17, 2009. Upon motion the documents were received, filed, and ap- proved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion car- ried 6-0. Dubuque Ice and Rec- reation Center, Inc. (DICE) - Development Agreement and Lease Agreement: This item was removed from the agenda. McEvoy Street - Alley Vacate: City Manager recommending that a public hearing be set for October 5, 2009 to consider a request from Laura Skelton for the vacation and dis- posal of an alley adja- cent to 35 McEvoy Street. Upon motion the documents were received and filed and Resolution No. 356-09 Resolution of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic `of Licht). Applicant: David Klavitter, 1090 West 3rd Street - Quali- fies for Langworthy Resident Commission- er. Mr. Klavitter spoke in support of his ap- pointment. Appointments to the following Boards/Com- missions: Environmen- tal Stewardship Advi- sory Commission: One 3-year term through October 1, 2012 (Term of Gayle (Gross) Wal- ter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Motion by Lynch to appoint Gayle Walter to the Environ- mental Stewardship Advisory Commission for a 3-year term through October 1, 2012. Seconded by Braig. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. 2494 Pearl Street Re- quest to Rezone: Proof of publication on no- tice of public hearing to consider a request from Tim McDonald to rezone property locat- ed at 2494 Pearl Street from R-1 Single -Family Residential District to R-2 Two -Family Resi- dential District and Zoning Advisory Com- mission recommending denial. Motion by Jones to re- ceive and file the docu- ments and concur with the denial. Tim McDo- nald, 8188 Southern Hills Circle, spoke in support of the rezoning. Planning Ser- vices Manager Laura Carstens provided a staff report. Zoning Ad- visory Commission Vice Chairperson Charles Miller spoke on behalf of the Commis- sion. Kevin DeMoss, 2486 Pearl; and Irvin Nauman, 2464 Pearl Street, spoke in oppo- sition to the request. Motion carried 6-0. 400 Block of Lincoln Avenue - Request to Rezone: Proof of publi- cation on notice of public hearing to con- sider a request from Michelle Mihalakis to rezone property locat- ed in the 400 block of Lincoln Avenue (Parcel #10-24-211-011) from R-2A Alternate Two - Family Residential Dis- trict to OR Office Resi- dential District and Zoning Advisory Com- mission recommending approval. Motion car- ried 6-0. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Michelle Mihalakis, 2545 Jackson Street, spoke in support of the request. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion by Jones for fi- nal consideration and passage of Ordinance No. 47-09 Amending Appendix A (The Zon- ing Ordinance) of the City of Dubuque Code of Ordinances by re- classifying hereinafter described property lo- cated in the 400 block of Lincoln Avenue from R-2A Alternate Two - Family Residential Dis- trict to OR Office Resi- dential District. Seconded by Voetberg. Motion carried 6-0. Unified Development Code: Proof of publica- tion on notice of public hearing to consider adoption of the Unified Development Code - Articles 1 through 15 and Zoning Advisory Commission recom- mending approval. Mo- tion by Jones to receive and file the documents and consider a first reading of a proposed ordinance establishing Title 16, Unified Devel- opment Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa and for the re- peal of all ordinances in conflict herewith. Seconded by Lynch. Planning Services Laura Carstens provid- ed a staff report. Assis- tant City Attorney Tim O'Brien responded to questions from City Council Members. Mo- tion carried 6-0. 40 Main, LLC: Proof of publication on notice of .public hearing to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street and City Manager recom- mending approval. reCrRR1'hnding appro-- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 361-09 Vacating the final plat of West End Commer- cial Subdivision and Resolution No. 362-09 Disposing of City inter- est in Lot A and Lot B in West End Commercial Subdivision in the City • of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hear- ing to consider the first amendment to the Fis- cal Year 2010 budget and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 363-09 Ap- proving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque. Seconded by Braig. Motion carried 6-0. General Obligation Bonds: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $3,000,000 General Ob- ligation Bonds to be used for various proj- ects and City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 364-09 Instituting proceedings to take additional ac- tion for the issuance of not to exceed S3,000,000 General Ob- ligation Bonds. Seconded by Resnick. Responding to ques- tions from the City Council, Budget Direc- tor Jenny Larson stated that the City's bond rating is very stable, and it will be reviewed with this issuance. City Manager Van Milligen stated that the City's bond rating was up- graded in 2003. Motion carried 6-0. General Obligation Ur- ban Renewal Bonds: Proof of publication on notice of public hear- ing to consider the is- suance of not to ex- ceed $13,500,000 Gen- eral Obligation Urban Renewal Bonds for costs associated with the construction of a multi -story public parking ramp located at 5th and Bluff Streets, and the con- struction of street, sewer, sidewalk, trail and other public infra- structure improve- ments within Dubuque Industrial Center West and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 365-09 Insti- tuting proceedings to take additional action for the issuance of not to exceed $13,500;000 General Obligation Ur- ban Renewal Bonds. Seconded by Resnick. Motion carried 6-0. General Obligation Refunding Bonds: Proof of publication on no- tice of public hearing to consider the issu- ance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds to pay costs of refunding and refi- nancing of certain City indebtedness and City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 366-09 Instituting proceedings to take additional action for the issuance of not to exceed $9,500,000 Gen- eral Obligation Refund- ing Bonds. Seconded by Braig. Motion car- ried 6-0. Port of Dubuque Park- ing Ramp Concrete Crack Repair Project: Proof of publication on notice of public hear- ing to consider the plans, specifications, form of contract and estimated cost for the Port of Dubuque Park- ing Ramp Concrete Crack Repair Project and City Manager rec- ommending approval and award of the con- tract to Ram Construc- tion Services of Minne- sota LLC., in the amount of $213,900.00. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 367-09 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Port of Du- buque Parking ramp Concrete Crack Repair Project. Seconded by Voetberg. Motion par- ried 6-0. Motion by Jones to ta- ble the award of the public improvement contract for the Port of Dubuque Parking Ramp uuon NO. 3tl7-un ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Traffic Sig- nal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project. Seconded by Braig. Traffic Engineer Dave Ness provided an ex- planation of the need for this project. Motion carried 6-0. . Salt Dome Conveyor Project: Proof of publi- cation on notice of public hearing to con- sider the plans, specifi- cations, form of con- tract and estimated cost for the Salt Dome Conveyor Project and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 370-09 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Salt Dome Conveyor Project. Seconded by Braig. Public Works Director Don Vogt provided an explanation of the need for this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Pet Park: City Manag- er submitting the Park and Recreation Com- mission's recommen- dation on resolution of the Pet Park issue and requesting City Council direction. Communications from Leora Bemboom, John Lau and Roger Ruden (with CD) regarding the dog park issue. Communication from Toni Kretschmer re- questing that Nancy Stecklein be allowed to address the City Coun- cil regarding the dog park issue. Motion by Jones to re- ceive and file the docu- ments, adopt and con- cur with recommenda- tions of the Park and Recreation Commis- sion to develop a pet park at the Thermo - Fischer Scientific and Roosevelt Park sites, work on the future Hu- man Society site, and to maintain the present North Grandview Ave- nue site in its present form. Seconded by Braig. Mayor Pro-Tem Connors allowed limit- ed citizen input. Nancy Stecklein, 2360 Clarke Crest Drive, spoke in support of keeping the pet park open. Peggy Stover, 1145 Locust Street, spoke in favor of the additional sites and presented a peti- tion in support of keep- ing the pet park open. Leisure Services Man- ager Gil Spence stated that user fees have not been considered but could be if directed by the City Council. Mo- tion carried 5-1 with Voetberg voting nay. Advertisement for Sale of Bonds: City Manager recommend- ing approval of the ad- vertisement for the sale of Bond Series 2009A, 2009B and 2009C, approval of the electronic bidding pro- cedures and the form of notice of sale, and authorize a preliminary official statement to be completed and distrib- uted in connection with the offering of the bonds for sale. Motion by Lynch to receive and file the documents and adopt Resolution No. 371-09 Directing the advertisement for sale of $2,935,000 Gen- eral Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Re- newal Bonds, Series 2009B and $9,500,000 General Obligation Re- funding Bonds, Series 2009C, and approving electronic bidding pro- cedures. Seconded by Braig. Motion carried 6-0. Bicycle Ordinance Provisions: City Man- ager recommending approval of an ordi- nance related to the regulation of bicycles which was inadvertent- ly left out of the most recent Code of Ordi- nances update from Sterling Codifier. . Motion by Braig to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and .voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Braig for fi- nal consideration and passage of Ordinance No. 48-09 Amending the City of Dubuque Code of Ordinances by adopting Article 7, mmron re c iy"COUncll adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 9/30 y�Public in and fol C , ary Public in and