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
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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
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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
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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