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 -
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NO
PROBLEM! $O DOWN
FINANCING.
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ant
CD player,
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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
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NO PROBLEM!
0 DOWN
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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