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Proof of Publication_City Council Proceedings 10 19 09CITY OF DUBUQUE, of Adjgstment of 9/24 and Resolution No. 403- IOWA Proofs of publication 09 Accepting the Green CITY COUNCIL of City Council Pro- Alley Pilot Project (11th PROCEEDINGS ceedings of September - 13th between White The Dubuque City 21 and 23, 2009 and List and Jackson Streets) Council met in regular of Claims and Summa- and authorizing pay- session at 6:30 p.m. on ry of Revenues for meat of the contract October 19, 2009 in the Month Ended August amount to the contrac- Historic Federal Build- 31, 2009 for was adopted. ing. Library Board of Eagle Point Park Trol- Present: Mayor Buol, Trustees Update from ley Line Trail Project: Council Members Meeting of September City Manager recom- Braig, Connors, Jones, 24, 20D9 mending acceptance of Lynch, Resnick, Voet- Substance •Abuse the Eagle Point Park berg, Acting City Mom Services Center First Trolley Line Trail Proj• ager Steinhauser, As• Quarter Report ect as completed by sistant City Attorney Upon motion the Portzen Construction O'Brien documents were re- in the final contract Mayor Buol read the ceivedandfiled. amount of $203,708.91. call and stated this is a Notice of Claims/ Upon motion the docu- regular session of the Suits: Opalus Salon and meats were received City Council to act Spa for loss of revenue; and filed and Resolu- upon such business Chelsea Defines for ve- lion No. 404-09 Accept- that may properly hide damage. Upon ing the Eagle'POint come before the City motion the documents Park Trolley Line Trail Council. were received and filed Project and authorizing Pledge of Allegiance and referred to the City payment of the con• Invocation was pro- Attorney. tract amount to the vided by Randy Sirk of City Attorney advising contractor was adopt- Temple Beth EI. that the following ed. PROCLAMATION claim has been refer- I-Jobs Affordable Dubuque Weatheri- red to Public Entity Housing Assistance zation Challenge Day Risk Services of Iowa, Grant Application: City (October 24, 2009) was the agent for the Iowa Manager recommend- accepted by Operation: Communities Assur- ing approval of an I New View Executive Di- once Pool: Chelsea Jobs Affordable Hous- rector Tom Stovall, Deines for vehicle dam- ing Assistance Grant 1473 Central Avenue. age• Application to the Iowa CONSENT ITEMS City Attorney recom- Finance Authority on Motion by Lynch to mending settlement of behalf of Gronen Re- receive and file the the claim of Opalus storation to be used for documents, adopt the Salon for loss of reve- the redevelopment of resolutions, and dis- 00Q• the former Caradpo pose of as indicated. Upon motion the building mixed-use Seconded by Voetberg, documents were re- project. Upon motion Braig requested (#16) ceived and filed and the documents were Neighborhood Stabili• concurred. received and filed and zation Program beheld Green Alley Project: Resolution No. 405-09 for separate discussion, City Manager recom- Approving I•Jobs Af• Motion carried 7-0. mending acceptance of fordable Housing As- Minutes and Reports the Green Alley Pilot sistance Grant Applica- Submitted: City Coun- Project (11th - 13th be- lion to the Iowa Fi• cil of 10/5; Civil Service Veen White and lack- nonce Authority on be• Commission of 10/14; son Streets), as tom- half of Gronen Restora- Human Rights Commis- Pleted by Portzen Con- lion was adopted. Sion of 9/14; Plumbing struction, in the final Housing Enterprise Board of 10/1; Zoning contract amount of Zone Program Agree• Advisory Commission $199,966.88. Upon mo- meat - St. Raphael of 10/7; Zoning Board lion the documents School Proiect: Citv urmnance~ or me ~n of Dubuque Code of 0 dinances by reclassif ing hereinafter descr hed property located 1800 Manson Roa from AG Agricultur District to R-1 Singh Family Residential Di' trio. Seconded t Braig. Planning Ser ices Manager provide a staff report. Motic carried 7-0. Request to Rezone Radford Roatl ar Westmark Drive: Proi of publication on ni lice of public hearir to consider a reque. from Tom ffelzer / GP Pennsylvania LLC 1 rezone property Iota ed at the southea, corner of Ratlfortl Roc and Westmark Drip from G2 Neighborhoc Shopping Center Di trio to a PUD Plahne Unit Development Di trio with a PR Planne STA ~ ~ OF IOWA DUBUQUE COUNTY {r7U. CERiiriCATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 28, 2009, and for which the charge is $260.90. l ~ ~'~'~Y~~1,F (/ 2~' ~, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ~l~ day of ~~~~ , 20 a9 . ~~ ~ ~~ Notary Public in and for Dubuque County, Iowa. "'"` P MAR1' K. WESTERMEYER ~•~ .~~. Cnmmiceinn u„mti,,. , otherwise satisfied. Dated this 22nd day of October, 2009. Erna C. Orth Declaration of Trust Dtd. 01-13- 1992/Amended 7-19-2001 & 5-18-2006 Citizens State Bank, Trustee PO Box 198 Wyoming, IA 52362- 0198 Date of second publication: November 4, 2009 2t 10/28, 11/4 THE IOWA DISTRICT COURT DUBUQUE COUNTY IN THE MATTER OF THE ESTATE OF WINIFRED M. BRIMEYER, Deceased Probate No.01311 ESPR043473 NOTICE OF PROBATE OF WILL, OF APPOINTMENT OF EXECUTOR AND NOTICE TO CREDITORS To All Persons Inter- ested in the Estate of WINIFRED M. BRI- MEYER, Deceased, who died on or about Sep- tember 27th, 2009: You are hereby noti- fied that on the 23rd day of October, 2009, the last will and testa- ment of WINIFRED M. BRIMEYER, deceased, bearing date of the 9th day of August, 1984, was admitted to pro- bate in the above named court and that JOANN McPOLAND & ROBERT McPOLAND were appointed execu- tors of the estate. Any action to set aside the will must be brought in the District Court of said county within the later to occur of four and Resolution No. 403- 09 Accepting the Green Alley Pilot Project (11th - 13th between White and Jackson Streets) and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Eagle Point Park Trol- ley Line Trail Project: City Manager recom- mending acceptance of the Eagle Point Park Trolley Line Trail Proj- ect as completed by Portzen Construction in the final contract amount of $203,708.91. Upon motion the docu- ments were received ,and filed and Resolu- tion No. 404-09 Accept- ing the Eagle 'Point Park Trolley Line Trail Project and authorizing payment of the con- tract amount to the contractor was adopt- ed. I -Jobs Affordable ,Housing Assistance Grant Application: City Manager recommend- ing approval of an I Jobs Affordable Hous- ing Assistance Grant Application to the Iowa Finance Authority on behalf of Gronen Re- storation to be used for the redevelopment of the former Caradco building mixed -use project. Upon motion the documents were received and filed and Resolution No. 405-09 Approving I -Jobs Af- fordable Housing As- sistance Grant Applica- tion to the Iowa Fi- nance Authority on be- half of Gronen Restora- tion was adopted. Housing Enterprise Zone Program Agree- ment - St. Raphael School Project: City Manager recommend - NO CASH? NO PROBLEM! $O DOWN FINANCING. N ILE ant CD player, Automatic B 4 door Motion by Lynch for final consideration and passage of Ordinance No. 49-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Or- dinances by reclassify- ing hereinafter descri- bed property located at 1800 Manson Road from AG Agricultural District to R-1 Single - Family Residential Dis- trict. Seconded by Braig. Planning Serv- ices Manager provided a staff report. Motion carried 7-0. Request to Rezone - Radford Road and Westmark Drive: Proof of publication on no- tice of public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone property locat- ed at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center Dis- trict to a PUD Planned Unit Development Dis- trict with a PR Planned STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 28, 2009, and for which the charge is $260.90. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this i1.az' day of , 20 07 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 cI I T Ur DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on October 19, 2009 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, Acting City Man- ager Steinhauser, As- sistant City Attorney O'Brien Mayor Buol read the call and stated this ,is a regular session of the City Council to act upon such business that may properly com e befo re th e Cit y Y Council. Pledge of Allegiance Invocation was pro- vided by Randy Sirk of Temple Beth El. PROCLAMATION Dubuque Weatheri- zation Challenge Day (October 24, 2009) was accepted by Operation: Ne w View Executive Di- rector Tom Stovall, 1473 Central Avenue. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Braig requested (#16) Neighborhood Stabili- zation Program be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Coun- cil of 10/5; Civil Service Commission of 10/14; Human Rights Commis- sion of 9/14; Plumbing Board of 10/1; Zoning Advisory Commission of 10/7; Zoning Board of Adjustment of 9/24 • Proofs of publication of City Council Pro- ceedings of September 21 and 23, 2009 and List of Claims and Summa- ry of Revenues fo Month Ended August 31,2009 Library Board of Trustees Update from Meeting of September 24, 2009 Substance Abuse Services Center First Quarter Report Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Opalus Salon and Spa for loss of revenue; Chelsea Deines for ve- hicle damage. Upon motio n the docum ents were received and filed and referred to the City Attorney. City Attorney advising that the following claim has been refer- red to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Chelsea Deines for vehicle dam- age. City Attorney recom- mending settlement of the claim of Opalus Salon for loss of reve- nue. Upon motion the ocuments were re- ceived and filed and concurred. Green Alley Project: City Manager recom- mending acceptance of the Green Alley Pilot Project (11th - 13th be- tween White and Jack- son Streets), as com- pleted by Portzen Con- struction, in the final contract amount of $199,966.88. Upon mo- tion the documents were received and filed and Resolution No. 403- 09 Accepting the Green Alley Pilot Project (llth - 13th between White and Jackson Streets) and authorizing pay- mentr of the contract amount to the contrac- tor was adopted. Eagle Point Park Trol- ley Line Trail Project: City Manager' recom- mending acceptance of the Eagle Point Park Trolley Line Trail Proj- ect as completed by Portzen Construction in the final contract amount of $203,708.91. Upon motion the docu- ments were received and filed and Resolu- tion No. 404-09 Accept- ing the Eagle 'Point Park Trolley Line L' ne Trail Project and authorizing payment of the con- tract amount to the contractor was adopt- ed. I -Jobs Affordable Housing Assistance Grant Application: City Manager recommend- ing approval of an I Jobs Affordable Hous- ing Assistance Grant Application to the Iowa Finance Authority on beha lf of Gro nen Re- storation to be used for the redevelopment of the former Caradco building mixed -use project. Upon motion the documents were received and filed and Resolution No. 405-09 Approving I -Jobs Af- fordable Housing As- sistance Grant Applica- tion to the Iowa Fi- nance Authority on be- half of Gronen Restora- tion was adopted. Housing Enterprise Zone Program Agree- ment - St. Raphael School Project: City Manager recommend- ing approval of an amendment to the Housing Enterprise Zone Program Agree- ment to reflect a change in developers of the St. Raphael School Project to B & C Cathedral Develop- ment. Upon motion the documents were re- ceived and filed and Resolution No. 406-09 Approving an amend- ment to a Housing En- terprise Zone Program Agreement by and among the Iowa De- partment of Economic Development, the City of Dubuque and Lofts at Cathedral Square was adopted. Final Plat - Bonson and Stewart's Subdivi- sion Lot "H:" Zoning Advisory Commission recommending appro- val of the final plat of Bonson and Stewart's Subdivision Lot "H." Upon motion the docu- ments were received and filed and Resolu- tion No. 407- 09 Approv- ing ov- ing Bonson and Stewart's Subdivision Lot "H" in the City of Dubuque, Iowa, was adopted. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manag- er recommending ap- proval of the submis- sion of delinquent wa- ter, sewer, refuse and Storm water collection accounts to the Dubu- que County Treasurer. Upon motion the docu- ments were received and filed and Resolu- tion No. 408-09 Adopt- ing the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and 'directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. General Obligation Bonds' Series 2009A; City Manager recom- mending approval .of suggested proceedings to complete the action required for the issu- ance of not to exceed $2,935,000 General Ob- ligation Bonds - Series 2009A. Upon motion the documents were received and filed and Resolution No. 409-09 Appointing Wells Fargo Bank, National Associa- tion of Des Moines, lo- 'wa to serve as paying agent, bond registrar, and transfer agent, ap- proving the paying agent and bond regis- trar and transfer agent agreement and author- izing the execution of the agreement; and Resolution No. 410-09 Authorizing and pro- viding the issua nce once of $2,935,000 General Obligation Bonds, Ser- ies 2009A and levying a tax to pay said bonds were ado pted. p ted. General Obligation Ur- ban Renewal Bonds - Series 2009B: City Man- ager recommending approval of suggested proceedings to com- plete the action re- quired for the issuance of not to exceed $11,175,000 General Obligation Urban Re- newal Bonds - Series 2009B. Upon motion the documents were received and filed and Resolution No. 411-09 Appointing Wells Fargo Bank, National Associa- tion of Des Moines, Io- wa, to serve as paying agent, bond registrar, and transfer agent, ap- proving the paying agent and bond regis- trar and transfer agent agreement and author- izing the execution of the agreement; and Resolution No. 412-09 Authorizing and pro- viding for the issuance of $11,175,000 General Obligation Urban Re- newal Bonds, Series 2009B and levying a tax to pay said bonds were adopted. General Obligation Refunding Bonds Ser- ies 2009C: City Manag- er recommending ap- proval of suggested proceedings to com- plet e P e action re- quired for the issuance of not to exceed $8,885,000 General Ob- ligation Refunding Bonds - Series 2009C. Upon motion the docu- ments were received and filed and Resolu- tion No. 413-09 Ap- pointing Wells Fargo Bank, National Associa- tion of -Des Moines, Io- wa, to serve. as paying agent, bond registrar, and transfer agent, ap- proving the paying agent and bond regis- trar and transfer agent agreement and author- izing the execution of the agreement; and Resolution No. 414-09 Authorizing and pro- viding for the issuance of $8,885,000 General Obligation Refunding Bonds - Series 2009C and levying a tax to pay said bonds were adopted. Purchase of Property - 1925 Washington Street: City Manager recommending appro- val of the purchase of a foreclosed home Incat ed at 1925 Washington Street. Upon motion the documents were received and filed and Resolution No. 415-09 Approving the acquisi- tion of real estate lo- cated at 1925 Washing- . ton Street in the City of Dubuque was adopted. Cell Phone Recom- mendation: City Man- ager recommending approval of the selec- tion of US Cellular / ComElec to provide cellular handsets and services for a 24-month term. Upon motion the documents were re- ceived, filed, and ap- proved. Project HOPE: Com- munication from Alyssa Hauser, Project HOPE Coordinator, ad- vising that the Diversi- ty in the Workplace Committee and Project HOPE have created a Disability Mentoring Day. Upon motion the documents were re- ceived and filed. Human Rights Com- mission: Shane 1. Oswald submitting his resignation from the Human Commis- sion. Rights - 9 s sion. Upon motion the documents were re- ceived and filed and the resignation accept- ed. Neighborhood Stabili- zation Program: City Manager recommend- ing approval of th Residential Antidis- placement and Reloca- tion Assistance Plan and the Policy on Pro- hibition of Use of Ex- cessive Force, accord- ing to the requirements of the Neighborhood Stabilization Program (NSP). Motion by Braig to receive and file the rime, inn nro-, nd adopt NO CASH? NO PROBLEM! 0 DOWN C FINANING• ILE r.) ?ow CD player, Automatic 4 door S'^ Motion by Lynch for final consideration and passage of Ordinance No. 49-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque ue Code of Or- dinances by reclassify- ing hereinafter descri- bed property located at 1800 Manson Road from AG Agricultural District to R-1 Single - Family Residential Dis- trict. Seconded by Braig. Planning Serv- ices Manager provided a staff report. Motion carried 7-0. Request to Rezone - Radford Road and Westmark Drive: Proof of publication on no- tice of public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone property locat- ed at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center Dis- trict to a PUD Plahned Unit Development Dis- trict with a PR Planned STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION ions an Iowa Communications, I, Suzanne Pike, a Billing Clerk for Woodward Co Inc., corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 28, 2009, and for which the charge is $260.90. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this j1. " day of 7c) , 20 "7 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER '• ' Commission Number 154885 ow,. My Comm. Exp. FEB. 1, 2011 Resolution No. 416-09 Policy on the prohibi- tion of the use of ex- cessive force. Seconded by Jones. Motion carried 7-0. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Police Officer. Upon motion the docu- ment was received and filed and made a Mat- ter of Record. Signed Contracts: 1) Award of the contract for the Thomas Place Guardrail and Curb and Gutter Installation Proj- ect. 2) Floodwall Levee Slope Stabilization Project Change Order. Upon motion the docu- ments were received and filed. 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. 417-09 Granting the issuance of a Class "C" Beer Permit to Friendly - locust Mart and Big 10 Mart Car Wash; and Resolution No. 418-09 Granting the issuance of a Class "C" Beer/ Liquor License .to Europa Haus Restau- rant and Bierstub, Jumpers Sports Bar and Grill, Rainbow Lounge, Channel Inn Restaurant, Fiesta Cancun Restaurant and The Bank Bar and Grille; and a Class "WBN" Native Wine to Dubuque Area Cham- ber of Commerce were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents; adopt the resolution, set the pub- lic hearing as indicat- ed, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Historic Shot Tower Rehabilitation Project - Phase I: City Manager recommending initia- tion of the bidding process for the Historic Shot Tower Rehabilita- tion Project - Phase 1 and that a public hear- ing be set for Novem- ber 2, 2009. Upon mo- tion the documents were received and filed and Resolution No. 419- 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 Historic Shot Tower Rehabilitation Project -" Phase I was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on November 2, 2009 in the Historic 'Federal Building. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Rezone - 1800 Manson Road:, Proof of publication on notice of public hear- ing to consider a re- quest from Marty McNamer to rezone .property located at 1800 Manson Road from AG Agricultural District to R-1 Single - Family Residential Dis- trict and Zoning Advi- sory Commission rec- ommending approval. Motion by Lynch 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 Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 49-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Or- dinances by reclassify- ing hereinafter descri- bed property located at 1800 Manson Road from AG Agricultural District to R-1 Single - Family Residential Dis- trict. Seconded by Braig. Planning Serv- ices Manager provided a staff report. Motion carried 7-0. Request to Rezone - Radford Road and Westmark Drive: Proof of publication on no- tice of public hearing to consider a request from Tom Kelzer / GTW Pennsylvania LLC to rezone property locat-• ed at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center Dis- trict to a PUD Planned Unit Development Dis- trict with a PR Planned Residential District designation and Zoning Advisory Commission recommending appro- val. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 50-09, as amended, Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying herein- after described proper- ty located at the south- east corner of Radford Road and Westmark Drive from C-2 Neigh- borhood Shopping Cen- ter District to PUD Planned Unit Develop- ment District with a PR Planned Residential District Designation and adopting a concep- tual development plan. Seconded by Lynch. At- torney Brian Kane, 2100 Asbury Road, rep- resenting GTW Penn- sylvania, LLC, reviewed the project and read a letter from the West - mark attorney request- ing conditions into the record. Greater Dubu- que Development Cor- poration Executive Di- rector Rick Dickinson, 300 Main Street, spoke in favor of the project. Planning Services Man- ager provided a staff report, and Zoning Ad- visory Commission Chairperson spoke on behalf of the Commis- sion. Motion carried 7-0. Request to Rezone - Corner of Bluff Street and Fifth Street: Proof of publication on no- tice of public hearing to consider a request from the City of Dubu- que to rezone property located at the north- west corner of Bluff Street and Fifth Street from OR Office/High Density Multi -Family Residential District to C-4 Downtown Com- mercial . District and Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement •that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Voetberg. Motion car- ried 7-0. Motion by Connors for final consideration and passage of Ordinance No., 51-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Or- dinances by reclassify- ing hereinafter descri- bed property located at the northwest corner of Bluff Street and Fifth Street from OR Office/ High Density Multi - Family Residential Dis- trict to C-4 Downtown Commercial District. Seconded by Voetberg. Planning Services Man- ager provided a staff report. Motion carried 7-0. MYLA Company, LLC: Proof of publication on notice of public hear- ing to consider- a pro- posed lease between MYLA Company, LLC for the placement of a sign'for the businesses in the new building at 3338 ,Center Grove Drive and City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 420-09 Disposing of an inter- est in public right-of- way owned by the City of Dubuque by lease between the City of Dubuque, Iowa and MYLA Company, LLC. Seconded by Connors. Motion carried 7-0. Blanche Avenue - Re- quest to Vacate: Proof of publication on no- tice of public hearing to consider a request • from David W. Leifker Law Offices, represent- ing Raymond E. Tarkett, for the vacat- ing and disposal of an alley adjacent to 765 Blanche Avenue and City Manager recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and adopt Reso- lution No. 421-09 Va- cating Lot 112-A in Ma- ple Leaf Addition in the City of Dubuque, Dubu- que County, Iowa; and Resolution No. 422-09 Disposing of City inter- est in Lot 112-A in Ma- . ple Leaf Addition in the City of Dubuque, Dubu- que County, Iowa, were adopted. North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction Project - Phase III: Proof of pub- lication on notice of public hearing to con- sider the plans and specs, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction Project - Phase III and City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 423-09 Approving plans, specifications, form of contract, and estimat- ed cost for the North Fork Catfish Creek Stormwater and Sani- tary Sewer Reconstruc- tion Project - Phase III. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limit- ngdiscussion to the City Council. ACTION ITEMS Dubuque Area Cham- ber of Commerce Con- vention and Visitors Bureau: Request of Keith Rahe, Director of the Convention and Visitors Bureau, to pro- vide a quarterly up- date. Motion by Connors to receive and file the documents. Seconded by Jones. Convention and Visi- tors Bureau Director Keith Rahe highlighted information , and suc- cesses of the CVB over the last quarter. Mo- tion carried 7-0. Millstone Drive: City Manager recommend- ing that Westside Arte-• rial Development, LLC be notified that if they have not submitted a rezoning request by November 2, 2009, for the property where the temporary Millstone Drive cul-de-sac is to be built, that they be ordered to install the temporary cul-de-sac prior to winter. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded ° by Resnick. Motion car- ried 7-0. Unified Development Code (Second Reading on October 5, 2009): Zoning Advisory Com- mission recommending adoption of Option #4 for the Unified Devel- opment Code Section 11-9 - Recreational Open Space. City Manager trans- mitting the Unified De- velopment Code for the third reading and rec- ommending amend- ments to the Unified Development Code (UDC) for consideration by the City Council. Motion by Connors for final consideration and passage of Ordinance No. 52-09, as amended, and including Option #4, Establishing the Unified Development Code for the City of Du- buque, Iowa, and pro- viding for the adminis- tration, enforcement and amendment there- of in accordance with the provisions of the Code of Iowa and for the repeal of all ordi- nances in conflict here- with. Seconded by Jones. Motion carried 7-0. RTA Shuttle Service to NICC: City Manager recommending consid- eration of a partner- ship with RTA and to assist with funding the NICC shuttle service at a reduced service level for the remainder of the 2009-2010 school year, at a cost of up to $12,000 in City funds to equally split the net cost of the reduced, shuttle service with the RTA. Motion by Con- nors to receive and file the documents and ap- prove the recommen- dation. Seconded by Lynch. Motion carried 7-0. RTA Director Mark Munson responded to questions from the City Council. 2009 Sewer Cured -in - Place Pipe Lining Proj- ect: City Manager rec- ommending award of the contract for the 2009 Sewer Cured -in - Place Pipe Lining Proj- ect to Visu-Sewer, Inc., in the • amount of $134,861.25. Motion by Jones to receive and file the documents and adopt Resolution No. 424-09 Awarding public improvement contract for the 2009 Sewer Cured -in -Place Pipe Lining Project. Second- ed by Braig. Motion carried 7-0. Salt Dome Conveyer. Project: City Manager recommending award of the contract for the Salt Dome Conveyer Project to Conlon Con- struction in the amount of $128,400. Motion by Lynch to receive and file the documents and adopt Resolution No. 425-09 Awarding public improvement contract for the Salt Dome Con- veyor Project. Second- ed by Braig. Motion carried 7-0. Mississippi River Part- nership: City Manager recommending that Mayor Roy Buol solicit citizen interest to be considered for an ap- pointment as the City representative to the Mississippi River Part- nership Council or ap- point a member of the City Council. Motion by Connors to receive and file and to solicit a citi- zen with an environ- mental background to be appointed at the November 2, 2009 meeting. Seconded by Voetberg. Steinhauser stated that the position can be advertised and applied for through a process similar to that used by the City's boards and commis- sions. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors reported that Director of the Iowa Great Places Cynthia Peterson was unable to locate the City's Iowa Great Places award on the City's web page. Steinhauser confirmed that it does appear and will relay that to Ms. Peterson. Voetberg reported that at a recent Iowa DOT meeting, he and Council Member Res- nick extended • Mayor Buol's invitation to hold a DOT public meeting in Dubuque in 2010. There being no fur- ther business, upon motion the City Council adjourned at 8:05 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 10/28 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 28, 2009, and for which the charge is $260.90. )44, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this i7az' day of , 20 o9 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011