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Proof of Publication_City Council Proceedings 12 21 09 Regular Session.. • •• CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular 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 Mayor Roy 0. Buol. • CONSENT ITEMS Motion by Lynch to receive and file the the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south- east of the intersection of the Northwest Arterial and Plaza Drive from R -1 Single - Family Residential and R -3 Moderate Density Multi- Family Residen- tial Districts to PUD Planned Unit Develop- ment District with a PR Planned Residential designation and adopt- ing a conceptual development plan. Seconded by Voetberg. Attorney Brian Kane, 2100 Asbury Road, described the nroiect the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving Loan and Disbursement Agree- ments, and other related matters was adopted. Storm Water Utility Revenue Capital Loan Notes, Series 2010B: City • Manager recom- mending approval of the suggested pro- ceedings to complete action required on the Storm Water Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Pro- gram under the State of Iowa Revolving Fund Loan (SRF) program. Upon motion the documents were received and filed and Resolution No. 467 -09 Approving and author- izing a form of Loan and Disbursement Agreements • by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and pro- viding for the issuance and securing the payment of $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 20106, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes was adopted. Federal Emergency Management Agency (FEMA): City Manager recommending appro- val of a letter to the Federal Emergency Management Agency (FEMA) requesting and spoke in oppo- sition to specific issues involving the current site plan. Original pro- perty owner Marty Helle, 2553 Wheatland Drive, provided back- ground regarding the sale of the property and described issues over the original covenants and the current owners' site plan. Mark Gudenkauf, 2493 Hilton Spring Drive; Steve Mai, 2592 Hilton Springs Drive, Nick. Goodman, 2774 University Avenue; Dan Smith, 2569 Wheatland Drive; Bobby Martin, 2544 Wheatland Drive; Mike Fitzpatrick, 2585 Wheatland Drive: Mark ari icatibit Eco- smart Building Profes- sional Services Agree- ment. Upon motion the documents were received and filed. Liquor and Tobacco License Applications: City Manager recom- mending approval of annual liquor license renewals as submitted. Motion by Jones to receive and file the documents and adopt Resolution No. 473 -09 Granting the issuance of permits to sell cigarettes to Iowa Street Market, Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street); Resolution No. 474 -09 Granting the issuance of a Class "B" Beer Permit to UAW Local #94 and, a Class "C" Beer Permit to Clark of Dubuque and Iowa Street Market; and Resoltuion No. 475 -09 Granting the issuance of a Class "C" Beer/ Liquor License to Bowling and Beyond, Las Margaritas and the Moracco; a Class - "C" Beer /Liquor License (Five -day Special Event) to Restoration Trust LLC; a Class "B" Wine Permit to Iowa Street Market; and a Class "WBN" Native Wine Permit to Engraved Gift Collec- tion and Hy -Vee Gas #2. Seconded by Voetberg. Jones stated that the Restoration Trust LLC license is for a community New Year's event that will benefit the Dubuque Rescue Mission and Restoration Trust. Motion carried 7-0. ITEMS TO BE SET, FOR PUBLIC HEARING rezoning and cited the community's imme- diate need for quality housing. Mr. Kane pro- vided rebuttal. Motion to deny the request to rezone carried 6 -1 with Lynch voting nay. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Landlord Notification Regarding Police Calls for Service: City Mana- ger transmitting infor- mation on the recently implemented system being used to notify rental property land- lords or managers of selected police calls for service nrrurrinn at Ordinance No. 60 -09 Amending Title 16 of the City of Dubuque Code of Ordinances by reclassifying herein- after described pro- perty located at Com- merce Park from CS Commercial Service and Wholesale District to R -4 Multi - Family Residential District. Seconded by Resnick. Joel Callahan, Callahan Construction, 1769 Commerce Park, spoke in support of the rezoning. Planning Ser- vices Manager Laura Carstens provided a staff report. Motion carried 7 -0. Request to Rezone - North End of Millstone Drive: Proof of publi- cation on notice of public hearing to consider a request from Brian Kane / Westside Arterial Deve- lopment, LLC to rezone property located at the north end of Millstone Drive from R -1 Single Family Residential Dis- trict and R -3 Moderate Density Multi - Family Residential District to PR Planned Residential District and Zoning Advisory Commission recommending denial. Communications from Daniel and Janice Smith, Don and Shirley Foley, Terry and Jenny Balk, Lynn and Fred Waelchi, Ronald and Joan Holm, and Fred and Mary Sievers in opposition to the proposed rezoning of the north end of Millstone Drive. Motion by Connors to receive and file the documents and concur with the denial of a proposed ordinance amending Title 16 of munity Garden Pro- gram. Motion by Voet- berg to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 6 -1 with Lynch voting nay. Preliminary Master Plan for Roosevelt Park: City Manager sub- mitting the preliminary Master Plan for re- development of Roose- velt Park and request- ing City Council review and comments. Motion by Jones to receive and file the documents. Seconded by Lynch. Leisure Services Mana- ger Gil Spence pro - vi Hari a chaff ronesrf 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: December 30, 2009, and for which the charge is $266.42. S't, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this fez% day of , 20 prove the recommen- dation. Seconded by Braig. Motion carried 7 -0. Usage Agreement with Clarke College: City Manager recom- mending approval to negotiate a Usage Agreement with Clarke College for the use of Veterans' Memorial Park Field #2. Motion by Jones to receive and file the documents and approve the recommen- dation. Seconded by Resnick. Motion car- ried 7 -0. I -Jobs Affordable Housing Program Assistance Grant Appli- cation: City Manager recommending appro- v�l ..f �.. , 1..1... and file the documents and approve the recom- mendation. Seconded by Lynch. Motion car- ried 7 -0. Fiscal Year 2011 Budget Policy . Guide- lines: City Manager recommending appro- val of the Budget Policy Guidelines for Fiscal Year 2011. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Resnick stated that he will not support a property tax rate increase. Jones stated that item #10 relating to salary Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER _ ,, Commission Number 154885 My Comm. Exp. FEB. 1, 2011 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular 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 Mayor Roy D. Buol. CONSENT ITEMS Motion by Lynch to receive and file the the City of Dubuqu( code of Ordinances Unified Developmen Code, by reclassifyin( hereinafter describe( property located south east of the intersectior of the Northwes A +n.-f al ....and nl»: documents, adopt th resolutions, and dis pose of as indicated Seconded by Connors Jones requested (#22 Liquor and Tobacco License Applications be held for separate discussion. Motion car- ried 7-0. Minutes and Reports Submitted: City Coun- cil of 12/7 and 12/10; Civil Service Com- mission of 10/14, 11/6 and 12/11; Electrical ICode Board of 11/23; Library Board of Trustees of 9/24 and 10/22; Transit Board of 12/14; Zoning Advisory Commission of 12/2 IProofs of publication of City Council Pro- ceedings of November 16 and December 1, 2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: George Clark for property damage; John Corbett for vehicle damage. Upon motion the documents were received, filed and concurred. Professional Services for the Urban Forest Evaluation: City Mana- ger recommending ap- proval of the issuance of a Request for Proposals for the Urban Forest Evalua- tion. Upon motion the documents were re- ceived, filed, and approved. - Port of Dubuque Usage Policies: City Manager recommend- ing approval of two revisions to the Usage Policies for the Alliant Energy Amphitheater, Mississippi Riverwalk and American Trust River's Edge Plaza. Upon motion the documents were re- ceived, filed, and approved. Westbrook Park: City Manager recommend- ing approval of a lease agreement with Calla- han Construction for development of a d temporary Westbrook C Park. Upon motion the t ste Eki"virlri4.L24662ALIKL e changes to the pre- - liminary digital flood . insurance rate map for the Dubuque Industrial ) Center West. Upon motion the documents were received and filed. Barton Randle Second Addition - Plat of Sur- vey: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Barton Randle Second Addition. Upon motion the documents were received and filed and Resolution No. 468-09 Approving a Plat of Survey of Barton Randle Second Addi- tion in the City of Dubuque, Iowa, was adopted. 2009 Public Right -of - Way Assessments: City Manager recommend- ing approval of the levy of special assessments for four property owners who failed to complete required replacements or correc- tions to sidewalks, driveways, excavation surface patches or obstruction removal in 2009. Upon motion the documents were received and filed and Resolution No. 469-09 Adopting the final assessment - schedule for the 2009 Public Right -of -Way Assess- ment properties was adopted. Fire Station No. 4 Door Modifications . Project: City Manager recom- mending acceptance of the Fire Station No. 4 Door Modifications Project as completed by Portzen Construc- tion, Inc., in the final contract amount of $61,593.00. Upon mo- tion the documents were received and filed and Resolution No. 470- 09 Accepting the Fire Station No. 4 Door Modifications Project r and authorizing pay- ment of the contract amount to the con- t tractor was adopted. 1 US Highway 52 Resurfacing Project: City Manager recom- mending acceptance of the US Highway 52 Resurfacing Project as completed by River City Paving, Inc., a ivision of Mathy onstruction, Inc., in 8 he final contract Motion by Voetberg to receive and file the documents, adopt the resolution, set the pu- blic hearing as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Con- nors. Motion carried 7-0. General Obligation Urban Renewal Bonds: City Manager recom- mending that a public hearing be set for January 4, 2010 to consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds. Upon motion the documents were received and filed and Resolution No. 476- 09 Fixing date for a meeting on the pro- position of the issu- ance of not to exceed $2,500,000 General Obli- gation Urban Renewal Bonds (for Urban Renewal Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on January 4, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Boards/Com- missions: Housing Code Appeals Board. Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub). Applicants: William Kin- sella, 2 Julien Dubuque Drive; Robert Schaub, 1745 Embassy West Drive. Motion by Con- nors to appoint William Kinsella and Robert Schaub to the Housing Code Board of Appeals for 3-year terms hrough January 11, 2013. Seconded by Resnick. Motion, car- ied 7-0. Human Rights Com- mission: One 3-year erm through January 2012 (Term of Driskell). Three 3-year terms through January 1, 2013 (Terms of Eddy, Oswald and Winter - wood). Applicants: Lori Apel, 3315 Spring Valley Road; Marquita Bolden, 2757 Ventura Drive, #2; Lynn Sutton, 76 Yale Court, #1; Pam Sharrad, 836 Air STATE OF IOWA DUBUQUE COUNTY {SS: 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: December 30, 2009, and for which the charge is $266.42. tee; Iel ly IUUI1I, J C c, City Clerk Enforcement Com- 1t 12/30' mittee; and Joyce Connors, Management of ' Physical Environ- ment Committee. Motion carried 7-0. Historic Shot Tower Rehabilitation Project - Phase I: City Manager recommending award of the contract for the Historic Shot Tower Rehabilitation Project - Phase I to Klauer Construction Co. in the base bid amount of $520,400.00. Motion by Voetberg to receive and file the documents and adopt Resolution No. 478-09 Awarding public improvement contract for the His- toric Shot Tower Rehabilitation Project - Phase I. Seconded by Jones. Motion carried 7-0. Federal Legislative Priorities: City Mana- ger recommending ap- proval of the City's 2010 Federal Legis- lative Priorities. Motion by Connors to receive tary Public in and for Dubuque County, Iowa, 20 0 ? . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 documents, adopt the changes to the pre- Motion by Voetberg to resolutions, and dis- liminary digital flood receive and file the pose of as indicated. insurance rate map for documents, adopt the Seconded by Connors. the Dubuque Industrial resolution, set the pu- Jones requested (#22) Center West. Upon blie hearing as indi- Liquor and Tobacco motion the documents cated, and direct the License Applications were received and Cnotice Cas lerk rkreo publishbe held for separate filed. discussion. Motion car- Barton Randle SeAddition on - Plat ofcond Sur-- nos. Motion law. dcar ie ed by Con - tied 7-0.d 7-0. gation Minutes and Reports vey: Zoning Advisory UrbanGeneral Renewal Bonds: City Manager recom- mending that a public hearing be set for January 4, 2010 to consider the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds. Upon motion the documents were received and filed and Resolution No. 476- 09 Fixing date for a meeting on the pro- position of the issu- ance of not to exceed $2,500,000 General Obli- gation Urban Renewal Submitted: City Coun- Commission recom- cil of 12/7 and 12/10; mending approval of Civil Service Com- the Plat of Survey of mission of 10/14, 11/6 Barton Randle Second and 12/11; Electrical Addition. Upon motion Code Board af il/23; the of received and nfled and ts were ibraryBoard Trustees of 9/24 and ResolutionoaPlat of o t8 9 10/22; Transit Board of Approving 12/14; Zoning Advisory Survey of Barton Commission of 12/2 Randle Second Addi- Proofs of publication tion in the City of of City Council Pro- Dubuque, Iowa, was ceedings of November adopted. 16 and December 1, 2009 Public Right-of- 2009 Way Assessments: City Upon motion the Manager recommend - documents were re- ing approval of the levy d d ' d. of special assessments Notice of Claims/ for four property Bonds (for Urban ceive an Suits: City Attorney owners who failed to Renewal Purposes) of advising that the complete required the City of Dubuque, following claims have replacements or correc- Iowa, and providing for been referred to Public tions to sidewalks, publication of notice Entity Risk Services of driveways, excavation thereof was adoptede Iowa, the agent for the surface patches or setting a public Iowa Communities obstruction removal in ing for a meeting to Assurance Pool: 2009. Upon motion were commence at 6:3010 p.m. 0 inGeorge Clark for documents property damage; John received and filed and the Historic Federal Corbett for vehicle Resolution No. 469-09 Building. damage. Upon motion Adopting the final BOARDS/COMMISSIONS the documents were assessment schedule Appointments to the received, filed and for the 2009 Public following Boards/Com- concurred. Right -of -Way Assess- missions: Professional Services ment properties was BHHooussing Codrd. Toe Appeals for the Urban Forest adopted. 3-year Evaluation: City Mana- Fire Sttation ations o.4Door Project: t1erms through013 January ger recommending ap- ms of proval of the issuance City Manager recom- Kinsella and Schaub). of a Request for mending acceptance of Applicants:WilliamKin- Proposals for the the Fire Station No. 4 sella, 2 Julien Dubuque Urban Forest Evalua- Door Modifications Drive; Robert Schaub, tion. Upon motion the Project as completed 1745 Embassy West documents were re- by Portzen Construc Drive. Motion by Con- ceived,filed, and finapanidt Robertll iam ap approved. - contract amountof Kinsella Portv of Dubuque $61,593.00. Upon mo- Schaub to the Housing Usage Policies: City tion the documents Code Board of Appeals Manager recommend- were received and filed for 3-year terms ing approval of two and Resolution No. 470- through January 11, revisions to the Usage 09 Accepting the Fire 2013. Seconded by Policies for the Alliant Station No. 4 Door Resnick. Motion. car - Energy Amphitheater, Modifications Project tied d 7-0. Rights Corn Mississippi Riverwalk and authorizing pay- and American Trust ment of the contract mission: One 3-year River's Edge Plaza. amount to the con- termthrough u h(Tm January Upon cu motion the tractor Highways adopted. 52 Driskell). Three 3-year of documents were ande-Project: terms through January apiped, filed, Resurfacinga approved. City Manager recom- 1, 2013 (Terms of Eddy, Westbrook Park: City mending acceptance of f Oswald aAp ndanWinter- ri Manager recommend- the US Highway 3315 Spring:Li ing approval of a lease Resurfacing Project as Apel, agreement with Calla- completed by River Valley Road; Marquita han Construction for City Paving, Inc., a Bolden, 2757 Ventura development of a division of Mathy Drive, #2; Lynn Sutton, temporary Westbrook Construction, Inc., in 876 Yale Court, #1; Park. Upon motion the the final contracct Pam ShaSradd; 836:R. Air documents were amount approve filed, and motion the docum8,514.44. ents Summon itlStreet; aRobertt approved. Administrative Ser- were received and filed Yunk, 815 Rose Street, vices Agreement with and Resolution No. 471- #2. Upon roll -call vote Express Scripts: City 09 Accepting the US Lori Apel, Lynn Sutton, Manager recommend- Highway 52 Resur- and Pam Sharrad were ing approval of the facing Project and df appHuointed n e Rights Come Administrative Ser- authorizing payment vices Agreement with the contract amount to mission for 3-year Express Scripts for the the contractor was terms 0thro through anJanuary anu 5. City's Prescription adopted. Drug Program. Upon Operation: New VieStewart3-year appointed motion the documents Community Comm Actionoto through January 1, were received, filed, Agency: and approved. cation from Becky 2012. 2009 Annual Tax Jenkins, Operation: Mediacom Charitable Increment Financing New View Community Foundation: Two 1- (TIF) Report: City ActionAgency, advis- on: yDear terterms 3lthro2ughh Manager transmitting ing that the 2009 Annual Tax New View and the (Terms of Chavenelle Increment Financing Earned Income Tax and Twining). Appli- (TIF) Report. Upon Credit (EITC) Outreach cants: Gail Chavenelle, motion the documents Task Force will be 1155 Kelly Lane; and were received and hosting .the 2010 EITC Connie Twining, 421 filed. Awareness Day on North Booth Street. Dubuque Human January 29, 2010. Upon Motion by Lynch to Annua Commission motion recehe ived m and elts llleoint and Conn el haven- Twin - Annual Report: City filed. ing to the Mediacom Twin - Manager transmitting Childhood Lead Charitable Foundation the 20 Rights Dubuque Human Corn- Poisoning Prevention for 1-year terms mission `Annual Report. Program (CLPPP): City through December 31, Upon motion the Manager recommend -of a 2010.BraigM econdedd 7-0 documents were re- ing approval ceived and filed. contract revision with PUBLIC HEARINGS General Obligation the VNA for services Upon motion the rules Urban Renewal Bond related to ' the were suspended allow - Proceeds - New Park- Childhood Lead Poi- ing anyone present to ing Ramp: City Mana- soning Prevention Pro- address the City ger recommending ap- gram (CLPPP). Upon Council. proval to reassign the motion the documents Request to Rezone - remaining General were received, filed, Commerce Park: Proof ObligationUrban and approved. of publication on Renewal Bondpro-Stipulation209 of Appeal ingicetoof puconnsiderlic ed a coeds for theha ramp construction at 10th tlement: City Attorney request from Joel Street and Central submitting the Stipu- Callahan to rezone Avenue. Upon motion lation of Settlement in property located at the documents were the 2009 tax assess- Commerce Park from received and filed and ment appeal of Richard. CS Commercial Service Resolution-aNo. 465-09fs HanselV. d Living Charlene Trusts. too WhR-4oleMulti-le -istrict Family wasalldating Upon motion the Residential District and adopted. Sewer Revenue documents were Zoning Advisory Corn - Capital Loan Notes, received and filed. approval on recommending Series 2010A: City Man-1545Purchase South.Grandview Communication from ager recommending approval of the Avenue: City Manager Ron and Jane Ainley suggested proceedings . recommending accept- regarding the rezoning to complete action ance of the Warranty change to Lot 8 of required on the Sewer Deed from Scott J. Westbrook Subdivision Revenue Capital Loan Nelson for property next to the industrial Notes from the Iowa located at 1545 South park. Water Pollution Control Grandview Avenue for Motion by Jones to Works Financing Pro- the purpose of creating receive and file the gram under the State, a City park. Upon documents and that of Iowa Revolving Fund ' motion' the documents the requirement that a Loan (SRF) program. were received and filed proposed ordinance be Upon motion the and Resolution No. 472- considered and voted documents were 09 Accepting the deed on for passage at two received and filed and to certain real estate in Council meetings prior Resolution No. 466-09 Dubuque County, Iowa to the meeting at Authorizing and pro- from Scott J. Nelson e whichsuit is sto o be Sepassed viding for the issuance was adopted. cond- and securing the Signed Contracts: ed by Resnick. Motion payment of $1,141,000 Water Pollution Control carried 7-0. Sewer Revenue Capital Plant Replacement Pro- Motion by Jones to Loan Notes, Series ject - Strand Asso= receive and file the 2010A by the City of ciates, Inc. Amendment documents and adopt Dubuque, Iowa under #1 Clarification; Eco- Ordinance No. 60-09 the provisions of smart Building Profes- Amending Title 16 of Chapter 384 of the sional Services Agree- the City of Dubuque Code of Iowa, ment. Upon motionthe Code desoffO ginanceseby providing for a method documents of payment thereof, received and filed. after described at ro- approving Loan and Liquor and Tobacco perty Com- Disbursement Agree- LiCitye lications: merce rk om CS ments,other of and Wholesale District relatedpmatters was mending approval adopted. annual liquor license to R-4 Multi -Family Storm Water Utility renew, 1-,,, sub mT o Seconded Residential Resnick. QT ATE OF IOWA of app Disb men rela ado St Reve Note City men the ceed actio Stor Capit from Pollu Work gram of to Loan Upon CITY OF DUBUQUE, docu IOWA recei CITY COUNCIL Resol PROCEEDINGS Appro The Dubuque City izing Council met in regular and session at 6:30 p.m. on Agree December 21, 2009 in betwe the Historic Federal Dubuq Building. Financ Present: Mayor Buol, autho Council Members viding Braig, Connors, Jones, and Lynch, Resnick, Voet- payme berg, City Manager Storm Van Milligen; City Reven Attorney Lindahl Notes, Mayor Buol read the the Ci call and stated this is a Iowa, regular session of the provisi City Council to act of low upon such business for a that may properly _payme come before the City was ad Council. F.ed Pledge of Allegiance Manag Invocation was pro- (FEMA) vided by Mayor Roy D. recomm Buol. • val of CONSENT ITEMS Federal Motion by Lynch to Manage receive and file the (FEMA) i „r) rceport. Upon motion the documents were received and filed. Dubuque Human Rights Commission Annual Report: City Manager transmitting f the 2009 Dubuque Human Rights Corn - mission Annual Report. Upon motion the documents were re- i ceived and filed. c General Obligation t Urban Renewal Bond r Proceeds - New Park- C ing Ramp: City Mana- s ger recommending ap- g proval to reassign the m remaining General w Obligation Urban a Renewal Bond pro- ceeds for the ramp S construction at 10th tl Street and Central "s Avenue. Upon motion I the documents were th received and filed and m Resolution No. 465-09 V. Re -allocating funds H was adopted. Sewer Revenue Capital Loan Notes, Series 2010A: City Man- ager recommending approval of the suggested proceedings to complete - action required on the Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Pro- gram under the State of Iowa Revolving Fund Loan (SRF) program. Upon motion the documents were received and filed and Resolution No. 466-09 Authorizing and pro- viding for the issuance and securing the payment of $1,141,000 Sewer Revenue Capital Loan Notes, Series ject 2010A by the City of ciat Dubuque, Iowa under #1 the provisions of sm Chapter 384 of the sion Code of Iowa, men providing for a method doc payment thereof, rece roving Loan and Li ursement Agree- Lice ts, and other City ted matters was men pted. annu orm Water Utility rene nue Capital Loan Moti s, Series 2010B: rece Manager recom- docu ding approval of Reso suggested pro- Gran ings to complete of n required on the cigar m Water Revenue Stree al Loan Notes Go the Iowa Water Stree tion Control (3270 s Financing Pro- Resol under the State Grant wa Revolving Fund of a (SRF) program. Perm motion the #94 ments were Beer ved and filed and Dubu ution No. 467-09 Street ving and author- Resolt a form of Loan Grant Disbursement of a ments •by and Liquor en the City 'of Bowli ue and the Iowa Las M e Authority, and Morac rizing and pro- Beer/L for the issuance (Five-d securing the Event) nt of $998,000 Trust • Water Utility Wine ue Capital Loan Street Series 2010B, of Class ty of Dubuque, Wine under the Engrav ons of the Code tion a a, and providing method of nt of said Notes opted. eral Emergency ement Agency : City Manager ending appro- a letter to the Emergency ment Agency requesting the City of Dubuque and s code of Ordinances, sition t Unified Development involvi Code, by reclassifying site pla hereinafter described petty property located south- Helle, east of the intersection Drive, of the Northwest ground Arterial and Plaza sale of Drive from R-1 Single- and de Family Residential and over R-3 Moderate Density covena Multi -Family Residen- current tial Districts to PUD plan. M Planned Unit Develop- 2493 ment District with a PR Drive; S Planned Residential Hilton designation and adopt- Nick G ing a conceptual Universi development plan. Smith, 2 Seconded by Voetberg. Drive; Attorney Brian Kane, 2544 Wh 2100 Asbury Road, Mike Fi described the project Wheatla and spoke in support of Elenz, 25 the request to rezone Drive; Te on behalf of Westside Millstone Arterial Development Sievers, owners Wayne Briggs Springs D and Tom Kelzer, 137 Waelchi, Main Street. Planning land' Dri Services Manager oppositio Laura Carstens and ing or in Zoning Advisory Corn- specific mission Chairperson the curr Jeff Stiles provided a developm staff report. Attorney Dubuque John Freund, 1005 Main Corporati Street, spoke on behalf Director of the residents of son, 300 Harvest View Estates spoke in s poke in oppo- o specific issues ng the current n. Original pro - owner Marty 2553 Wheatland provided back - regarding the the property scribed issues the original nts and the owners' site ark Gudenkauf, Hilton Spring teve Mai, 2592 Springs Drive, oodman, 2774 ty Avenue; Dan 569 Wheatland - Bobby Marti eatland Driv tzpatrick, 258 nd Drive; Mar 05 Wheatlan rry Balk 249 Drive; Mik 2544 Hilto rive; and Fre 2537- Wheat ye spoke in n to the rezon opposition to elements of ent proposed ent. Greater Development on Executive Rick Dickin- Main Street, upport of the Credit (EITC) Outreach Task Force • will be hosting -the 2010 EITC Awareness Day on January 29, 2010. Upon motion the documents were received and fled. Childhood Lead Poisoning Prevention Program (CLPPP): City Manager recommend ng approval of a ontract revision with he VNA for services elated to ' the hildhood Lead Poi- oning Prevention Pro - ram '(CLPPP). Upon otion the documents ere received, filed, nd approved. 2009 Tax Appeal - tipulation of Set- ement: City Attorney ubmitting the Stipu- tionaof Settlement in e 2009 tax assess- ent appeal of Richard and Charlene L. ansel Living Trusts. Upon motion the documents were received and filed. Purchase of Property - 1545 South. Grandview Avenue: City Manager recommending accept- ance of the Warranty Deed from Scott J. Nelson for property located at 1545 South Grandview Avenue for the purpose of creating a City park. Upon motion' the documents t were received and filed and Resolution No. 472- 09 Accepting the deed o to certain real estate in Dubuque County, Iowa t from Scott J. Nelson was adopted. b Signed Contracts: e Water Pollution Control c Plant Replacement Pro- - Strand Asso= r es, Inc. Amendment d Clarification; Eco- 0 art Building Profes- A al Services Agree- t t. Upon motion the C uments were re ived and filed. a quor and Tobacco p nse Applications: m Manager recom- C ding approval of an al liquor license to wals as submitted. Re on by Jones to Se ive and file the Jo ments and adopt Co lution No. 473-09 Co ting the issuance in permits . to sell re ettes to Iowa vic t Market, Gas N Ca (4110 Dodge sta t), and Gas N Go ca Dodge Street); ution No. 474-09 No ing the issuance Dri Class "B" Beer cat it to UAW Local pu and,a Class "C" con Permit to Clark of ,fro que and Iowa We Market; and lop uion No. 475-09 pro ing the issuance nort Class "C" Beer/ Driv License to Fam ng and Beyond, tric argaritas and the Den co; a Class- "C" Res iquor License PR ay Special Dist to Restoration Adv LLC; a Class "B" reco Permit to Iowa Co Market; and a Dani "WBN" Native Smit Permit to Fole ed Gift Collec. 'Balk, nd Hy-Vee Gas Wae . Seconded by Joan Voetberg. Jones stated and that the Restoration oppo Trust LLC license is for prop a community New the Year's event that will Mills benefit the Dubuque Mot Rescue Mission and recei Restoration Trust. docu Motion carried 7-0. with ITEMS TO BE SET, FOR propo PUBLIC HEARING amen rezoning and cited the mun community's imme- gram diate need for quality berg housing. Mr. Kane pro- the vided rebuttal. Motion appr to deny the request to rezone carried 6-1 with Lynch voting nay. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Landlord Notification Regarding Police Calls for Service: City Mana- ger transmitting infor- mation on the recently implemented system being used to notify n, rental property land- Secon e; lords or managers of Leisur 5 selected police calls ger G k for service occurring at vided d the properties they Counci 8 either own or manage, their s e Motion by Connors to the d n receive and file the and co d documents. Seconded Spence by Braig. Motion car- ing ret ried 7-0. carried Establishment and Loras Management of Corn- Agreem munity Garden Pro- ger rec gram: City Manager proval recommending appro- Usage A val to initiate the Loras Request for Proposals use of process for the Estab- Motion lishment and Manage- receive ment of the Corn- docume 9 /. ,'p.,ir- cants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining, 421 North Booth Street. Motion by Lynch . to appoint Gail Chaven- elle and Connie Twin- ing to the Mediacom Charitable Foundation for 1-year terms through December 31, 2010. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Request to Rezone - Commerce Park: Proof of publication on notice of public hear- ing to consider a request from Joel Callahan to rezone property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi -Family Residential District and Zoning Advisory Com- mission recommending approval. Communication from Ron and Jane Ainley regarding therezoning change to Lot 8 of Westbrook Subdivision next to the industrial park. Motion by Jones to receive and file the documents and that he requirement that a proposed ordinance be considered and voted n for passage at two Council meetings -prior o the meeting at which it is to be passed e suspended. Second- d by Resnick. Motion arried 7-0. Motion by Jones to eceive . and file the ocuments and adopt rdinance No. 60-09 mending Title 16 of he City of Dubuque ode of Ordinances by classifying herein- fter described pro- erty located at Corn- erce Park from CS ommercial Service d Wholesale District R-4 Multi -Family sidential District. conded by Resnick. el Callahan, Callahan nstruction, 1769 mmerce Park, spoke support of the zoning. Planning Ser- es Manager Laura rstens provided a ff report. Motion rried 7-0. Request to Rezone - rth End of Millstone ye: Proof of publi- ion on notice of blic hearing to sider a request m Brian Kane / stside Arterial Deve- ment, LLC to rezone perty located at the h end of Millstone e from. R-1 Single ily Residential Dis- t and R-3 Moderate sity Multi -Family idential District to Planned Residential rict and Zoning isory " Commission mmending denial. mmunications from el and Janice h, Don and Shirley y, Terry and Jenny Lynn and Fred Ichi, Ronald and Holm, and Fred Mary Sievers in sition to the osed rezoning of north end of tone Drive. ion by.Connors to ve and file the ments and concur the denial of a sed ordinance ding Title 16 of ity Garden Pro Motion by Voet to receive and file documents and ove the recom- mendation. Seconded by Resnick. Motion carried 6-1 with Lynch voting nay. Preliminary Master Plan for Roosevelt Park: City Manager sub- mitting the preliminary Master Plan for re- development of Roose- velt Park and request- ing City Council review and comments. Motion by Jones to receive and file the documents ded by Lynch• . e Services Mana- il Spence pro - a staff report. expressed atisfaction with esign elements ngratulated Mr. on his upcom irement. Motion 7-0. College Usage ent: City Mana- ommending ap to negotiate a greement with College for the Petrakis Park. by Connors to and file the nts and ap- 1 F t 0 S F d 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: December 30, 2009, and for which the charge is $266.42. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 3, day of c1--, 20 0 ? . - prove the recommen dation. Seconded b Braig. Motion carried 7-0 Usage Agreemen with Clarke College City Manager recom mending approval t negotiate a Usag Agreement with Clarke College for the use o Veterans' Memoria Park Field #2. Motion by Jones to receive and file the documents and approvethe recommen- dation. Seconded by Resnick. Motion car- ried 7-0. I -Jobs Affordable Housing Program Assistance Grant Appli- cation: City Manager recommending appro- val of an I -Jobs Affordable Housing Assistance Grant appli- cation to the , Iowa Finance Authority for the Historic Washing- ton Neighborhood Row - house Project. Motion by Voetberg to receive and file the documents and adopt Resolution No. 477-09 Approving an I -Jobs Affordable Housing Program Assis- tance Grant Applica- tion to the Iowa Finance Authority for the Historic Washing- ton Neighborhood Row - house Project. Second- ed by Jones. Motion carried 7-0. Safe Community Task orce: City Manager ransmitting an update n the progress of the afe Community Task orce. Motion by Braig s o receive and file the s ocuments. Seconded s - and file the documents y and approve the recom- mendation. Seconded t by Lynch. Motion car- : ried 7-0. Fiscal Year 2011 o Budget Policy . Guide- e lines: City Manager recommending appro- f val of the Budget I Policy Guidelines 'for Fiscal Year 2011. Motion by Connors to receive and file the documents and approve" the recom- mendation. Seconded by Lynch. Resnick stated that he will not support a property tax rate increase. Jones stated that item #10 relating to salary increases over the amount budgeted for salaries should be omitted as he believes it is the definition of bad -faith bargaining. Motion carried 5-2 with Jones and Resnick voting nay. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the Legislative Policy Com- mittee for the Iowa League of Cities. He requested that staff research cell phone usage while drivin and to draft ann ordinance banning the practice. Voetberg also requested a work session to review the First Transit contract. Council reached con- ensus to have staff chedule a work ession at the earliest Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular 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 Mayor Roy D. Buol. CONSENT ITEMS Motion by Lynch to receive and file the the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south- east of the intersection of the Northwest Arterial and Plaza Drive from R-1 Single - Family Residential and R-3 Moderate Density Multi -Family Residen- tial Districts to PUD Planned Unit Develop- ment District with a PR Planned Residential designation and adopt- ing a conceptual development plan. Seconded by Voetberg. Attorney Brian Kane,, 2100 Asbury Road, described the project and spoke in support of the request to rezone on behalf of Westside Arterial Development owners Wayne Briggs and Tom Kelzer, 137 Main Street. Planning Services Manager Laura Carstens and Zoning Advisory Com- mission Chairperson Jeff Stiles provided a staff report. Attorney John Freund, 1005 Main Street, spoke on behalf of the residents of Harvest View Estates 77177777777, Code of Iowa, providing for a method of payment thereof, approving Loan and Disbursement Agree- ments, and other related matters was adopted. Storm Water Utility Revenue Capital Loan Notes, Series 2010B: City Manager recom- mending approval of the suggested pro- ceedings to complete action required on the Storm Water Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Pro- gram under the State of Iowa Revolving Fund Loan (SRF) program. Upon motion the documents were received and filed and Resolution No. 467-09 Approving and author- izing a form of Loan and Disbursement Agreements •by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and 'pro- viding for the issuance and securing the payment of $998,000 Storm • Water Utility Revenue Capital Loan Notes, Series 2010B, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of _payment of said Notes was adopted. Federal Emergency Management Agency (FEMA): City Manager recommending appro- val of a letter to the Federal Emergency Management Agency (FEMA) requesting and spoke in oppo- sition to specific issues involving the current site plan. Original pro- perty owner Marty Helle, 2553 Wheatland Drive, provided back- ground regarding the sale of the property and described issues over the original covenants and the current owners' site plan. Mark Gudenkauf, 2493 Hilton Spring Drive; Steve Mai, 2592 Hilton Springs Drive, Nick Goodman, 2774 University Avenue; Dan Smith, 2569 Wheatland Drive; Bobby Martin, 2544 Wheatland Drive; Mike Fitzpatrick, 2585 Wheatland Drive; Mark Elenz, 2505 Wheatland Drive; Terry Balk 2498 Millstone Drive; Mike Sievers, 2544 Hilton Springs Drive; and Fred Waelchi, 2537• Wheat- land Drive spoke in opposition to the rezon- ing or in opposition to specific elements of the current proposed development. Greater Dubuque Development Corporation Executive Director Rick Dickin- son, 300 Main Street, spoke in support of the Srr art tfui rang F'rote5 sional Services Agree- ment. Upon motion the documents were received and filed. Liquor and Tobacco License Applications: City Manager recom- mending approval •-of annual liquor license renewals as submitted. Motion by Jones to receive and file the documents and adopt Resolution No. 473-09 Granting the issuance of permits . to sell cigarettes to Iowa Street Market, Gas N Go (4110 Dodge Street), and Gas N Go (3270 Dodge Street); Resolution No. 474-09 Granting the issuance of a Class "B" Beer Permit to UAW Local #94 and,a Class "C" Beer Permit to Clark of Dubuque and Iowa Street Market; and Resoltuion No. 475-09 Granting the issuance of a Class "C" Beer/ Liquor License to Bowling and Beyond, Las Margaritas and the Moracco; a Class. "C" Beer/Liquor License (Five-day Special Event) to Restoration Trust LLC; a Class "B" Wine Permit to Iowa Street Market; and a Class "WBN" Native Wine Permit to Engraved Gift Collec- tion and Hy-Vee Gas #2. Seconded by Voetberg. Jones stated that the Restoration Trust LLC license is for a community New Year's event that will benefit the Dubuque Rescue Mission and Restoration Trust. Motion carried 7-0. ITEMS TO BE SET, FOR PUBLIC HEARING rezoning and cited the community's imme- diate need for quality housing. Mr. Kane pro- vided rebuttal. Motion to deny the request to rezone carried 6-1 with Lynch voting nay. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Landlord Notification Regarding Police Calls for Service: City Mana- ger transmitting infor- mation on the recently implemented system being used to notify rental property land- lords or managers of selected police calls for service occurring at the properties they either own or manage. Motion by Connors to receive and file the documents. Seconded by Braig. Motion car- ried 7-0. Establishment and Management of Com- munity Garden Pro- gram: City Manager recommending appro- val to initiate the Request for Proposals process for the Estab- lishment and Manage- ment of the Com- AmenlITITTRIVEIr the City of Dubuque Code of Ordinances by reclassifying herein- after described pro- perty located at Com- merce Park from CS Commercial Service and Wholesale District to R-4 Multi -Family Residential District. Seconded by Resnick. Joel Callahan, Callahan Construction, 1769 Commerce Park, spoke in support of the rezoning. Planning Ser- vices Manager Laura Carstens provided a staff report: Motion carried 7-0. Request to Rezone - North End of Millstone Drive: Proof of publi- cation on notice of public hearing to consider a request from Brian Kane / Westside Arterial Deve- lopment, LLC to rezone property located at the north end of Millstone Drive from. R-1 Single Family Residential Dis- trict and R-3 Moderate Density Multi -Family Residential District to PR Planned Residential District and Zoning Advisory Commission recommending denial. Communications from Daniel and Janice Smith, Don and Shirley Foley, Terry and Jenny Balk; Lynn and Fred Waelchi, Ronald and Joan Holm, and Fred and Mary Sievers in opposition to the proposed rezoning of the north end of Millstone Drive. Motion by.Connors to receive and file the documents and concur with the denial of a proposed ordinance amending Title 16 of munity Garden Pro- gram. Motion by Voet- berg to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 6-1 with Lynch voting nay. Preliminary Master Plan for Roosevelt Park: City Managersub- mitting the preliminary Master Plan for re- development of Roose- velt Park and request- ing City Council review and comments. Motion by Jones to receive and file the documents. Seconded by Lynch. Leisure Services Mana- ger Gil Spence pro- vided a staff report. Council expressed their satisfaction with the design elements and congratulated Mr. Spence on his upcom- ing retirement. Motion carried 7-0. Loras College Usage Agreement: City Mana- ger recommending ap- proval to negotiate a Usage Agreement with Loras College for the use of Petrakis Park. Motion by Connors to receive and file the documents and ap- 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: December 30, 2009, and for which the charge is $266.42. ,S).?y„„ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 30e* prove the recomme dation. Seconded b Braig. Motion carried 7- Usage Agreeme with Clarke Colleg City Manager recom mending approval t negotiate a Usag Agreement with Clark College for the use o Veterans' Memori Park Field #2. Motio by Jones to receive an file the documents an approve the recommen dation. Seconded b Resnick. Motion car ried 7-0. I -Jobs Affordabl Housing Program Assistance Grant Appli cation: City Manage recommending appro val of an I -Jobs Affordable Housing Assistance Grant appli- cation to the Iowa Finance Authority for the Historic Washing- ton Neighborhood Row - house Project. Motion by Voetberg to receive and file the documents and adopt Resolution No. 477-09 Approving an I -Jobs Affordable Housing Program Assis- tance Grant Applica- tion to the Iowa Finance Authority for the Historic Washing- ton Neighborhood Row- 1 house Project. Second- , ed by Jones. Motion carried 7-0. Safe Community Task Force: City Manager transmitting an update on the progress of the . Safe Community Task Force. Motion by Braig to receive and file the documents. Seconded by Jones. Verbal re- ports were provided by Rachael Daack, Research and Facts Committee; Lynn Sutton, Neighborhood Engagement Commit- tee; Terry Tobin, Enforcement Com- mittee; and Joyce Connors, Management of ' Physical Environ- ment Committee. Motion carried 7-0. Historic Shot Tower Rehabilitation Project - Phase I: City Manager recommending award of the contract for the Historic Shot Tower Rehabilitation Project - Phase I to Klauer Construction Co. in the base bid amount of $520,400.00. Motion by Voetberg to receive and file the documents and adopt Resolution No. 478-09 Awarding public improvement contract for the His- toric Shot Tower Rehabilitation Project - Phase I. Seconded by Jones. Motion carried 7-0. Federal Legislative Priorities: City Mana- ger recommending ap- proval of the City's 2010 Federal Legis- lative Priorities. Motion by Connors to receive day of ,20 0? . n- and file the documents y and approve the recom- O. mendation. Seconded nt by Lynch. Motion car- e: vied 7-0. Fiscal Year 2011 o Budget Policy . Guide- e lines: City Manager e recommending appro- f val of the Budget al Policy Guidelines for n Fiscal Year 2011. d Motion by Connors to d receive and file the - documents and y approve the recom- - mendation. Seconded by Lynch. Resnick e stated that he will not support a property tax - rate increase. Jones r stated that item #10 - relating to salary increases over the amount budgeted for salaries should be omitted as he believes it is the definition of bad -faith bargaining. Motion carried 5-2 with Jones and Resnick voting nay. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the Legislative Policy Com- mittee for the Iowa. League of Cities. He requested that staff research cell phone usage while driving and to draft an ordinance banning the practice. Voetberg also requested a work session to review the First Transit contract. Council reached con- sensus to have staff schedule a work session at the earliest convenience in January or February 2010. There being no further business, upon motion the City Council adjourned at 9:40 p.m. /s/Jeanne F. Schneider, It 12/30 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER T ` Commission Number 154885 My Comm. Exp. FE6, 1, 2011