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Proof Council proceedings 2-16-2009passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 6- 09 Amending Appendix A .(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single -Family IResidential District to R-3 Moderate Density Multi - Family Residential District. Seconded by Jones. Plan- ning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. 1225 Alta Vista Street - Request to Rezone: Proof of publication on notice of 1 public hearing to consider a request from Radio Du- buque, Inc. / Nativity Par- ish to rezone property lo- cated at 1225 Alta Vista Street from R-2 Two - Family Residential District a to OS Office Services Dis- trict, with conditions, and Zoning Advisory Commis- sion recommending appro- val. Motion by Lynch to re- ceive and file the docu- ments and that the re- quirement 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 Connors. Motion carried 7- 0. Motion by Lynch for final consideration and passage of Ordinance No. 7-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located near the northeast corner of Univer- sity Avenue and Nevada Street from R-2 Two - Family Residential District mission of 11/24 and 12/29/08; Cable TV Tele- programming Commission of 1/6 and 1/20; City Con- ference Board of 3/10 and 8/4/08; City Council of 2/2, 2/9, and 2/10; Human Rights Commission of 12/8; Investment Oversight Advisory Commission of 2/5; Zoning Advisory Com- mission of 2/4 Proofs of publication of City Council Proceedings of January 20 and 26, 2009 and List of Claims and Summary of Revenues ty, Iowa. Seconded by Lynch. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publi, cation on notice of public hearing to consider the is- suance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 72- 09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes. Seconded by Braig. Mo- tion carried 7-0. Neighborhood Stabiliza- tion Program: Proof of publication of notice of public hearing to receive comments on an applica- tion to the Iowa Depart- ment of Economic Devel- opment (IDED) for Neigh- borhood Stabilization pro- gram funds and City Man- ager recommending ap- prdLal. Motion by Braig to receive and file the docu- ments and adopt Resolu- tion•No. 73-09 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program Funds was adopted. Upon motion the rules were reinstated limited dis- cussion to the City Coun- cil. ACTION ITEMS Dubuque Works: Rick Dickinson, Executive Di- rector of the Greater Du- buque Development Cor- poration, introduced Eileen LeMay, IBM Workforce Coordinator, Greater Du- buque Development; Shannon Gaherty, New- comer Relations Coordina- tor, Greater Dubuque De - Code of Ordinances and Chapter 321 of the Iowa State Code for vehicle safety. Motion carried 7-0. Snow and Ice Control Budget: City Manager sub- mitting an update on the current snow and ice con- trol budget and recom- mending that certain proj- ects be canceled and rebudgeted in Fiscal Year 2011. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 7-0. Fiscal Year 2010 Wage Plan and Compensation Package for Non - Bargaining Unit Employees and City Council Compen- sation Direction: City Man- ager recommending ap- proval of the Fiscal Year 2010 Wage Plan and Com- pensation Package for Non -Bargaining Unit Em- ployees and requesting di- rection regarding City Council compensation. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 76-09 Approving the Wage and Compensa- tion Package for Non - Bargaining Unit Employees for Fiscal Year 2010. Seconded by Jones. Mo- tion carried 7-0. Connors moved that the City Council appoint a compensation task force for the purpose of deter- mining annual compensa- tion for the incoming Council Members. Seconded by Resnick. Buol clarified ,that accord- ing to State Code, the year in which the majority of Council Members are up for election is when a sal- ary increase for the incom- ing Council is decided upon. With respect to scheduling, City Attorney Lindahl clarified that this decision cannot be made in November and Decem- ber per State Code. Van Milligen added that it was 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: February 25, 2009, and for which the charge is $353.09. UtAetypt-i/tel Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 64 day of �CP ii-,r� , 20 D,2 . Notary Public in and for Dubuque County, Iowa. rs MARY K. WESTERMEYER Commission Number 154885 is ,,�iy ('mmm. Fxn.FL'B, 1, 2011 11111 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on February 16, 2009 in the 'Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in - mission of 11/24 and 12/29/08; Cable TV Tele- programming Commission of 1/6 and 1/20; City Con- ference Board of 3/10 and 8/4/08; City Council of 2/2, 2/9, and 2/10; Human Rights Commission of 12/8; Investment Oversight Advisory Commission of 2/5; Zoning Advisory Com- mission of 2/4 Proofs of publication of City Council Proceedings of January 20 and 26, 2009 and List of Claims and Summary of Revenues for Month Ending Decem- ber 31, 2008 Carnegie -Stout Library Board of Trustees Update from Meeting of January 22, 2009 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Patricia Gerhard for prop- erty damage; Carolyn Callahan for vehicle dam- age; Randy Miller for prop- erty damage; Suellen Flynn for vehicle damage; Gor- don and Kathy Dailey for vehicle . damage; Nicole Lammer for personal in- jury; Patricia Gerhard for property damage; Sara J. Gilles for personal injury; Mark Sarazin for property damage; Jennifer Ney for vehicle damage. Upon mo- tion the documents wee received and filed and re- ferred - ferred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Carolyn Callahan for vehicle dam- age; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property dam- age. Upon motion the documents were received, filed and concurred Citizen Communications: Communication from Dan Boge, 333 Villa Street, re- questing acceptance of the completed sanitary sewer and water main sys- tem for Pine Knoll Condo- miniums. Communication from Barbara Lombardi, 1398 White Street, regarding landlord / tenants in the City.of Dubuque. Upon motion the docu- ments were received and filed and referred to the City Manager City Development Board: Communication from Steve McCann, City Devel- opment Board Administra- tor, submitting the "Find- ings of Fact and Conclu- sions of Law and Determi- nation" and the "Filing of Written Decision" in the matter of the City of Dubuque's voluntary an- nexation. Upon motion the documents were received and filed. Civil Service Commis- sion:, Civil Service Com- mission submitting the certified list for the posi- tions of Inspector II and Maintenanceworker. Upon motion the documents were received and filed and made a Matter of Re- cord. Oak Meadows Second Addition - Phase 4: City Manager recommending acceptance of the public improvements which the developer. and owner, Jim Stock Realty and Con- struction, has completed in Ricck 3 of Oak Mea - hts were received and fl and Resolution No. `)9 Accepting public irovements in Oak Ndows Second Addition E Resolution No. 50-09 Aepting the grant of an Eement for sanitary sew- E through, under and Qss Lots 3, 4, and 5 of Eck 3 of Oak Meadows Sond Addition in the of Dubuque were apted. 11 High Bluff Retaining \1I Repair Project: City tnager recommending aeptance of the 911 h Bluff Retaining Wall air Project as complet- by Arensdorf Trucking Excavating, Inc. in the fi- ll contract amount of :12,371.04. Upon motion @ documents were re- gved and filed and Reso- lion No. 51-09 Accepting to 911 High Bluff Retain- ig Wall Repair Project and athorizing the payment of l contract amount to the cntractor was adopted. saac Hanna Subdivision: Qy Manager recommend- ig acceptance of the san- itry sewer which the de- vloper, Isaac Hanna, LC/George Isaac, has re- ontly completed in the laac Hanna Subdivision, a Ommerciai subdivision lo- ot ed High- vay led between9 fl h- US H vay Road and9 vay 20. Upon motion the mcuments were received aid filed and Resolution to. 52-09 Accepting the sanitary sewer improve- fients in the Isaac Hanna Subdivision was adopted. Edwards Cast Stone Company: City, Manager recommending accept- ance of the easements for a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 53-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2-1-1-1-1-1-1 of Mineral trot 510 in the City of Dubuque and Res- olution No. 54-09 Accept- ing the grant of an ease- ment for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of the intersection at 16th and Elm Streets from TLC Properties, Inc., (dba Lamar Advertising). Upon motion the documents were received and filed and Resolution No. 55-09 Accepting the grant of an easement for sidewalk, un- derground electric, fiber optic cable, traffic signals and other appurtenances through, under and across part of Lot 181 in East Du- buque, an addition to the City of Dubuque, Dubuque County, Iowa, was adopt- ed. Dubuque Property Man- agement, LLC: City Man- ager recommending ac- ceptance of the Grant of Easement from Dubuque Property Management, LLC, for installation of a sanitary sewer between Van Buren Avenue and University Avenue. Upon motion the documents were received and filed and Resolution No. 56-09 Accepting the grant of an in the City of Dubuque was adopted. Hempstead Traffic Sig- nals - Acceptance of Storm Sewer Easement: City Manager recommend- ing acceptance of an ease- ment for a storm sewer along Pennsylvania Ave- nue right-of-way west of Lucy Drive from Gary and Beverly Brewer. Upon mo- tion the documents were received and filed and Resolution No. 57-09 Ac- cepting the grant of an easement for storm sewer over and across Lot 1 Block 1 Sunset Park Fifth Addition in the City of Du- buque was adopted. Louise Street Bridge - Acceptance of Warranty Deed: City Manager rec- ommending acceptance of the warranty deed for a parcel of property owned by James R. Foht (Lot 2-1 Evelyn Tharp Place in Min- eral Lot 324 in the City of Dubuque) ` necessary for reconstruction of the Louise Lane Bridge. Upon motion the documents were received and filed and Resolution No. 58-09 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from James R. Foht was adopted. Historic Federal Building - United States ta tes Depart- ment art - ment of Interior Letter: City Manager transmitting 'a let- ter from the Un ited ted States Department of the Interior regarding the City's recent submittal of the Biennial Report for the Historic Federal Building. Upon. motion the documents were received and filed. Plat of Survey Northrange Industrial Park No. 3: Zoning Advisory Commission recommend- ing approval of the Plat of Survey of Northrange In- dustrial Park No..3 as re- quested by Steve Smith. Upon motion the docu- ments were received and filed and Resolution No. 59-09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa, was adopted. Preliminary Plat Tangle - wood Subdivision: Zoning Advisory Commission rec- ommending approval of the Preliminary Plat of Tan- glewood Subdivision as re- quested by David Chapin/ Steve Schmidt. Upon mo- tion the documents were received, filed, and ap- proved. Land and Water Conser- vation Fund (LWCF) Grant Application: City Manager recommending approval'of the submission of a Land and Water Conservation Fund (LWCF) Grant appli- cation for the E.B. Lyons Center'Expansion project. Upon motion the docu- ments were received and filed and Resolution No. 60-09 Approving a LWCF grant application to the Io- wa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion was adopted. Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of Cas- cade, Iowa, in the' amount of $183,087.50. Upon mo- tion the documents were received and filed and Resolution No. 61-09 adopted. Subcontract with Helping Services for Northeast Io- wa: City Manager recom- mending approval of a subcontract with Helping Services for Northeast Io- wa regarding the enforce- ment of underage drinking laws by providing funding for alcohol compliance checks and monitoring of area liquor license holders. Upon motion the docu- ments were received, filed, and approved. Purchase of Property 2268 Washington Street: City Manager recommend- ing approval of the pur- chase of a residential dwelling located at 2268 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 62-09 Approving the acquisition of real estate located at 2268 Washing- ton Street in the City of Dubuque, Iowa, was adopted. 2008 Urban Revitalization Program Applications: City Manager recommending approval of 2008 Urban Revitalization Program ap- plications for residential property tax exemptions. Upon motio n o ' n the docu- ments were received and filed and Resolution No. 63-09 Approving residen- tial property tax exemption applications submitted by property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. Aerial Orth ophotog raphy .Re -Flight Project: City Manager recommending approval to negotiate and execute a contract with Pinnacle Technologies, for the completion pletion of the Digital Orthophoto- graphy Digital Terrain Model, and Contour Crea- tion project. Upon motion the documents were re- ceived, filed, and the rec- ommendation approved. Medline Industries, Inc. - Amendment to Develop- ment Agreement: City Manager recommending• approval ofthe second amendment to the Devel- opment Agreement with Medline industries, Inc. to provide for a time exten- sion for LEED Certification to June 1, 2010. Upon mo- tion the documents were received and filed and Resolution No. 64-09 Ap- proving the second amendment to the Medline Industries, Inc. Develop- ment Agreement was adopted. Digital TV Transition Up- date: City Manager provid- ing information on the digi- tal television transition. Upon motion the docu- ments were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request for Public, Educational, .and Government (PEG) Capital Grant funds from Dubuque Community Schools for editing software, a porta- ble green screen, and a portable hard drive in or- der to produce program- ming at Jefferson Middle School. Upon motion the documents were received, filed, and the recommen- dation approved. recommending approval of a proposed Enterprise Zone Program Agreement for Dubuque Stamping & Manufacturing, Inc. Upon motion the documents were received and filed and Resolution No. 65-09 Approving a master con- , tract and Enterprise Zone Program Agreement by and among the Iowa De- partment of Economic De- velopment, the City of Du- buque and Dubuque Stamping and Manufactur- ing, Inc., was adopted. City of Dubuque / Dubu- que Initiatives Develop- ment Agreement: Commu- nication from the City Manager to Leo Hickie, Dubuque Bank and Trust Company, regarding the Development Agreement between the City of Dubu- que and Dubuque Initia- tives. Upon motion the documents were received and filed. Signed Contracts: Park- ing Ramp Conceptual De- sign / Cost Estimate Con- tract. Upon motion the documents were received and filed. Liquor License Applica- tions: City Manager rec- ommending approval of annual liquor license re- newals as , submitted. Upon motion the docu- ment s were received and filed and Resolution No. 66-09 Granting the issu- ance of a Class "C" Beer Permit to El Paisano Gro- cery Store, Oky Doky #8 and Hartig Drug #8 and Resolution No. 67-09 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Tony's Place, Du- buque Eagles Club, Ham- merhead Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Min- ing Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub, The Club- house, and Th e North side Bar, LLC; Class "B" Wine Permit to Hartig Drug #8 and Oky Doky #8; and Class "WBN" (Native Wine) Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager rec- ommending that a public hearing be set for March 9, 2009 to consider adoption of the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 68-09 Setting the date for the public hearing on the Fiscal Year 2010 Budget for the City of Du- buque and Resolution No. 69-09 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Year 2010 through 2014 for the City of Dubuque were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on March 9, 2009 in the Historic Federal Build- ing: BOARDS/COMMISSIONS Applicants are invited to address the City Counci .ory arAinn }hair d girA fn to OS Office Service Dis- trict, with conditions. Seconded by Braig. Plan- ning Services Manager Laura Carstens provided a staff report and informed the Council that a site plan was not required for a rezoning. Motion carried 7- 0. 1985 / 1989 Asbury Road - Planned Unit Develop- ment District Amendment: Proof of publication on no- tice of public hearing to consider a request from Straka Johnson Architects / Hillcrest Family Services to rezone property located at 1985 / 1989 Asbury Road from R-3 Moderate Density Multi -Family Resi- dential District to ID Insti- tutional District and Zoning Advisory Commission rec- ommending approval. Mo- tion by Connors 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 suspend- ed. Seconded by Lynch. Motion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 8- 09 Amending Appendix A. (the Zoning Ordinance) of the City of Dubuque e Code q providing Ordinanc es by of for the amendmt of Or- dinances No. 41-92, 55-00 and 18-03 and approving amended Campus Devel- opment Plan for a new chapel for the Hillcrest Family Services Institution- al District. Seconded by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 As- pen Drive, stated that Hill - crest plans to find a part- ner to purchase and move two rental properties cur- rently owned by Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens provided a staff report. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing' to consider a request from the City of Dubuque to amend the C-2 Neighbor- hood Shopping Center District to 'allow "Passen- ger Transfer Facility" as a conditional use and Zoning Advisory Commission rec- ommending approval. Mo- tion 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 suspend- ed. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Resnick questioned if area neighbors have been notified. Carstens stated that neighbors are not notified for text amendments as they are city-wide. Neighbors within 200 feet are notified when conditional use permits are requested through the Zoning Board of Adjust- ment. Washington Neigh- borhood representative Janice Craddieth, 1635 Washington Street, stated that allowing a passenge transfer facility would ben efit the area residents and businesses and thanked Council for their consider ation. Motion carried 7-0 velopment; Tiffany Willard, Recruitment Advertising Specialist, Telegraph Her- ald; and Sarah Harris, Di- rector of Workforce Devel- opment, Greater Dubuque Development; of Dubuque Works. Motion by Connors to receive and file. Seconded by Jones. Rick Dickinson, 300 Main Street, provided an oral presentation on the con- cept of Dubuque Works and introduced the associ- ated staff. He explained the program's mission of recruiting, preparing, and retaining the area workforce for 'Dubuque:s employers. Motion carried 7-0. Development Agreement and Incentive Agreement - International Business Ma- chines Corporation (Tabled on February 2, 2009): City Manager recommending approval of a Development Agreement between the City of Dubuque and Du - buque Initiatives and an In- centive Agreefent be- tween the City and Inter- national Business Ma- chines Corporation. Mo- tion by Braig to remove from the table. Seconded by Connors. Motion car- ried 7-0. Motion by Braig to re- ceive and filed the docu- mentsnd adopt Res olu- tion a P Approving 74-09 lion No. and authorizing execution Ag ree- ment of the Development 9 ment betweethe City of Dubuque, Iowa and Dubu- que Initiatives, and the In- centive Agreement be- tween the City and Inter- national Business Ma- chines Corporation. Seconded by Jones. Van Milligen provided addition- al information on the use and benefit of New Market Tax Credits. Economic De velopment Director Dave Heiar provided additional information on the TIF re- bate. Buol sp ecifi- cally Mayor P cally thanked City Attorney Lindahl for his work on this project. Motion carried 7-0 Historic Millwork District Master Plan: City Manager recommending approval of the Historic Millwork Dis- trict Master Plan, including the Demographic and Mar- ket Context and a Finan- cial Analysis Summary. Motion by Voetberg to re- ceive and file the docu- ments and adopt Resolu- tion No. 75-09 Adopting the Historic Millwork Dis- trict Master Plan. Seconded by Connors. Motion carried 7-0. Amendment to Code of Ordinances Chapter 5 - Ai= , 1< cohol Regulations: City Manager recommending approval of the adoption of a new Chapter 5 - Alcohol Regulations to correct an error which occurred as a result of the Code of Ordi- nance update. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 10- 09 Amending the City of r Dubuque Code of Ordi- nances by repealing Chap- ter 5 Alcoholic Beverages and adopting a new Chap- - ter 5 Alcoholic Beverages in lieu thereof. Seconded not crucial to the Fiscal Year 2010 budget process. Council concurred that each member is to submit the name of one communi- ty member to the City Clerk who will facilitate the compensation task force. Lynch stated that he is in favor of the employee compensation increase but uncomfortable with an in- ,L' 1 I OF IOWA crease for City Council j Members at • this time. Lynch concurred with J B U Q L. B COUNTY Lynch adding that he J �J V COUNTY 1 would vote against a task - force recommended in- crease. Connors stated that the concept of each Council Member appoint- ing a person of their choosing to a compensa- tion task force keeps the process open and trans- parent, and involves citi- zen input. Resnick concur - that it is about the red with Connors adding Pike, a Billing Clerk for Woodward Communications, Inc., an ing Council. Jones stated oration. publisher of the Telegraph Herald,a newspaper F general that he believed a tas' cir force is the best direction in the Cityof Dubuque, County of Dubuque and State of Iowa; and suggested a bi-weekly q Salary pay schedule. eraigfy that the attached notice was published in said newspaper on the fol stated that she believes it is about the value of public;: February 25, 2009, and for which the charge is $353.09: service and concurred with Lynch but added that she preferred the idea of a task force to preserve continui- ty. Motion carried 4-3 with Lynch, Voetberg, and Br aig voting nay. COUNCIL MEM BER REPORTS B9 rat reported on her re- cent trip to Washington D.C. with the Chamber of Commerce stating that the opportunity to speak with legislators was extremely worthwhile and beneficial to the City of Dubuque. Voetberg informed City Council that he has been appointed to the Commun- ity and Economic Develop- ,6603 day of ment Committee for the National League of Cities. Connors reported that she has been appointed to the Hu man Development Committee for the National League of Cities. CLOSED SESSION Motion by Jones to go in- to closed session at 8:11 p.m. regarding pending liti- te gation of thetCodetohoaf Io- wa. Seconded by Voet- berg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:19 p.m. stating that they had given staff proper direction. ' There being no further business, upon motion the City Council adjourned at 8:20 p.m. /s/Jeanne F. Schneider, CMC, City Clerk {SS: CERTIFICATION OF PUBLICATION J{474-/A€ 'ibed to before me, a Notary Public in and for Dubuque County, Iow , 20 D, . -32.24, Notary Public in and for Dubuque County, I $ MARY K. WESTERMEYER y:' Commission Numbsr 154885 F Vp,1y Comm. Fxn. FEB. 1. 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL. PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on February 16, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Pledge of Allegiance Invocation was provided by Monsignor Wayne Ressler of St. Raphael's Cathedral CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, and dispose of as in- dicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Carolyn Callahan fgr vehicle dam- age; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property dam- age. Upon motion the documents were received, filed and concurred Citizen Communications: Communication from Dan Boge, 333 Villa Street, re- questing acceptance of the completed sanitary sewer and water main sys- tem for Pine Knoll Condo- miniums. Communication from Barbara Lombardi, 1398 White Street, regarding landlord / tenants in the City. of Dubuque. Upon motion the docu- ments were received and filed and referred to the City Manager City Development Board: Communication from Steve McCann, City Devel- opment Board Administra- tor, submitting the "Find- ings of Fact and Conclu- sions of Law and Determi- nation" and the "Filing of Written Decision" in the matter of the City of Dubuque's voluntary an- nexation. Upon motion the documents were received and filed. Civil Service Commis- sion:, Civil Service Com- mission submitting the certified list for the posi- tions of Inspector II and Maintenanceworker. Upon motion the documents were received and filed and made a Matter of Re- cord. Oak Meadows Second Addition - Phase 4: City Manager recommending acceptance of the public improvements which the developerand owner, Jim Stock Realty and Con- struction, has completed in Block 3 of Oak Mead- ows Second Addition - Phase 4 (Doe Court) in the City of Dubuque, Iowa. Upon motion the docu- snitary sewer improve- ments in the Isaac Hanna subdivision was adopted. Edwards Cast Stone Company: City Manager recommending accept- ance of the easements for a sanitary sewer proposed for Edwards Cast Stone Company. Upon motion the documents were re- ceived and filed and Reso- lution No. 53-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2-1-1-1-1-1-1 of Mineral Lot 510 in the City of Dubuque and Res- olution No. 54-09 Accept- ing the grant of an ease- ment for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque were adopted. TLC Properties, Inc.: City Manager recommending acceptance of the Grant of Easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances at the northeast corner of the intersection at 16th and Elm Streets from TLC Properties, Inc., (dba Lamar Advertising). Upon motion the documents were received and filed and Resolution No. 55-09 Accepting the grant of an easement for sidewalk, un- derground electric, fiber optic cable, traffic signals and other appurtenances through, under and across part of Lot 181 in East Du- buque, an addition to the City of Dubuque, Dubuque County, Iowa, was adopt- ed. Dubuque Property Man- agement, LLC: City Man- ager recommending ac- ceptance of the Grant of Easement from Dubuque Property Management, LLC, for installation of a sanitary sewer between Van Buren Avenue and University Avenue. Upon motion the documents were received and filed and Resolution No. 56-09 Accepting the grant of an easement for sanitary sew- er through, under and across part of Lots 8, 9, 49 and 50 of Lenox Addition submittal of the Biennial Report for the Historic Federal Building. Upon motion the documents were received and filed. Plat of Survey - Northrange Industrial Park No. 3: Zoning Advisory Commission recommend- ing approval of the Plat of Survey of Northrange In- dustrial Park No. 3 as re- quested by Steve Smith: Upon motion the docu- ments were received and filed and Resolution No. 59-09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa, was adopted. Preliminary Plat Tangle - wood Subdivision: Zoning Advisory Commission rec- ommending approval of the Preliminary Plat of Tan- glewood Subdivision as re- quested by David Chapin/ Steve Schmidt. Upon mo- tion the documents were received, filed, and ap- proved. Land and Water Conser- vation Fund (LWCF) Grant Application: City Manager recommending approval of the submission of a Land and Water Conservation Fund (LWCF) Grant appli- cation for the E.B. Lyons Center Expansion project. Upon motion the docu- ments were received and filed and Resolution No. 60-09 Approving a LWCF grant application to the Io- wa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion was -adopted. Floodwall Levee Slope Stabilization Project: City Manager recommending award of the contract for the Floodwall Levee Slope Stabilization Project to Eastern Iowa Excavating & Concrete, LLC of Cas- cade, Iowa, in the amount of $183,087.56. Upon mo- tion the documents were received and filed and Resolution No. 61-09 Awarding public improve- ment contract for the Floodwall Levee Slope Stabilization Project was applications SUVnnuou .,y property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. Aerial Orthophotography .Re -Flight Project: City Manager recommending approval to negotiate and execute a contract with Pinnacle Technologies, Inc. for the completion of the Digital Orthophoto- graphy,- Digital Terrain Model, and Contour Crea- tion project. Upon motion the documents were re- ceived, filed, and the rec- ommendation approved. Medline Industries, Inc. - Amendment to Develop- ment Agreement: City Manager recommending• approval of the second amendment to the Devel- opment Agreement with Medline Industries, Inc. to provide for a time exten- sion for LEED Certification to June 1, 2010. Upon mo- tion the documents were received and filed and Resolution No. 64-09 Ap- proving the second amendment to the Medline Industries, Inc. Develop- ment Agreement was adopted. Digital TV Transition Up- date: City Manager provid- ing information on the digi- tal television transition. Upon motion the docu- ments were received and filed. - PEG Capital Grant Ex- penditure Request: City Manager recommending approval of a request for Public, Educational, .and Government (PEG) Capital Grant funds from Dubuque Community Schools for editing software, a porta- ble green screen, and a portable hard drive in or- der to produce program- ming at Jefferson Middle School. Upon motion the documents were received, filed, and the recommen- dation approved. Dubuque Stamping & Manufacturing, Inc. - En- terprise Zone Program Agreement: City Manager and Hartig Drug #8 and Resolution No. 67-09 Granting the issuance of a Class "C" Beer/Liquor Li- cense to Tony's Place, Du- buque Eagles Club, Ham- merhead Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Min- ing Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub, The Club- house, and The Northside Bar, LLC; Class "B" Wine Permit to Hartig Drug #8 and Oky Doky #8; and Class "WBN" (Native Wine) Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Fiscal Year 2010 Operat- ing Budget and Five Year Capital Improvement Pro- gram: City Manager rec- ommending that a public hearing be set for March 9, 2009 to consider adoption of the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 68-09 Setting the date for the public hearing on the Fiscal Year 2010 Budget for the City of Du- buque and Resolution No. 69-09 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fiscal Year 2010 through 2014 for the City of Dubuque were adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on March 9, 2009 in the Historic Federal Build- ing. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Me- chanical Code Board: Two 3-year terms through, March 16, 2012 (Terms of Willenborg and Geisler) Background/Experience requirement). Applicants: David Grothe, 2544 Elm Street; Corey Valaskey, 1787 Lawndale Street. Mr. Valaskey spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 3520 • / 3522 Hillcrest Road - Request to Rezone: Proof of publication on no- tice of public hearing to consider a request from Richard Strohmeyer / Jo- seph Oberbroeckling to rezone property located at 3520 / 3522 Hillcrest Road from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential District and Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- -sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 6- 09 Amending Appendix A _(the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential District. Seconded by Jones. Plan- ning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. 1225 Alta Vista Street - Request to Rezone: Proof of publication on notice of public hearing to consider a request from Radio Du- buque, Inc. / Nativity Par- ish to rezone property lo- cated at 1225 Alta Vista Street from R-2 , Two - Family Residential District to OS Office Services Dis- trict, with conditions, and Zoning Advisory Commis- sion recommending appro- val. Motion by Lynch to re- ceive and file the docu- ments and that the re- quirement 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. Connors. Motion carried 7- 0. Motion by Lynch for final consideration and passage of Ordinance No. 7-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located near the northeast corner of Univer- sity Avenue and Nevada Street from R-2 Two - Family Residential District opment Plan for a new chapel for the Hillcrest Family Services Institution- al District. Seconded by Braig. Hillcrest Family Services representative Gary Gansemer, 2223 As- pen Drive, stated that Hill - crest plans to find a part- ner to purchase and move two rental properties cur- rently owned by Hillcrest and then replace them with a chapel. Planning Services Manager Laura Cartsens provided a staff report. Motion carried 7-0. City of Dubuque - Re- quest for Text Amend- ment: Proof of publication on notice of public hearing` to consider a request from the City of Dubuque to amend the C-2 Neighbor- hood Shopping Center District to 'allow "Passen- ger Transfer Facility" as a conditional use and Zoning Advisory Commission rec- ommending approval. Mo- tion 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 suspend- ed. Seconded by Voetberg. Planning Serv- ices Manager Laura Carstens provided a staff report. Resnick questioned if area neighbors have been notified. Carstens stated that neighbors are not notified for text amendments as they are city-wide. Neighbors within 200 feet are notified when conditional use permits are requested through the Zoning Board of Adjust- ment. Washington Neigh- borhood representative Janice Craddieth, 1635 Washington Street, stated that allowing a passenger transfer facility would ben- efit the area residents and businesses and thanked Council for their consider- ation. Motion carried 7-0 Motion by Voetberg for fi- nal consideration and pas- sage of Ordinance No. 9- 09 Amending Section 3- 2.2(D) Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding Passenger Transfer Facili- ties as a conditional use in C-2 Neighborhood Com- mercial Shopping Center Districts. Seconded by, Braig. Motion carried 7-0. Vacating of Property: Proof of publication on no- tice of public hearing to consider the vacating of Gillespie Street, Fink Street and the adjacent al- ley, which are now located within the West 32nd Street Detention Basin, and City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt. Resolution No. 70-09 Ap- proving plat of Lot 1 of Gillespie's Second Addi- tion including the 'pro- posed vacated Gillespie Street, Fink Street, and ad- jacent alley; and Resolu- tion No. 72-09 Vacating public interest in Gillespie Street, Fink Street, and ad- jacent alley in the City of Dubuque, Dubuque Coun- ty, Iowa. Seconded by Lynch. Motion carried 7-0. Sewer Revenue Capital Loan Notes: Proof of publi cation on notice of public hearing to consider the is- suance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes for the planning and design of the Water Pollution Control Plant renovation project and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 72- 09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issu- ance of not to exceed $3,500,000 Sewer Reve- nue Capital Loan Notes. Seconded by Braig. Mo- tion carried 7-0. Neighborhood Stabiliza- tion Program: Proof of publication of notice of public hearing to receive comments on an applica- tion to the Iowa Depart- ment of Economic Devel- opment (IDED) for Neigh- borhood Stabilization pro- gram funds and City Man- ager recommending ap- prdt.eal. Motion by Braig to receive and file the docu- ments and adopt Resolu- tion.No. 73-09 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program Funds was adopted. Upon motion the rules were reinstated limited dis- cussion to the City Coun- cil. ACTION ITEMS Dubuque Works: Rick Dickinson, Executive Di- rector of the Greater Du- buque Development Cor- poration, introduced Eileen LeMay, IBM Workforce Coordinator, Greater Du- buque Development; Shannon Gaherty, New- comer Relations Coordina- tor, Greater Dubuque De- que irnuauvn, e a centive Agreement be- tween the City and Inter- national Business Ma- chines Corporation. Seconded by Jones. Van Milligen provided addition- al information on the use and benefit of New Market Tax Credits. Economic De velopment Director Dave Heiar provided additional information on the TIF re- bate. Mayor Buol specifi- cally thanked City Attorney Lindahl for his work on this project. Motion carried 7-0 Historic Millwork District Master Plan: City Manager recommending approval of the Historic Millwork Dis- trict Master Plan, including the Demographic and Mar- ket Context and a Finan- cial Analysis Summary. Motion by Voetberg to re- ceive and file the docu- ments and adopt Resolu- tion No. 75-09 Adopting the Historic Millwork Dis- trict . Master Plan. Seconded by Connors. Motion carried 7-0. Amendment to Code of Ordinances Chapter 5 - Al- cohol Regulations: City j Manager recommending approval of the adoption of a new Chapter 5 - Alcohol Regulations to correct an error which occurred as a result of the Code of Ordi- nance update. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 10- 09 Amending the City of Dubuque Code of Ordi- nances by repealing Chap- ter 5 Alcoholic Beverages and adopting a new Chap- ter 5 Alcoholic Beverages in lieu thereof. Seconded by Braig. Motion carried 7- 0. Chapter 46 - Taxicab Or- dinance Amendment: City Manager recommending approval .of changes to the Taxicab Ordinance to pro- vide an exemption for non- profit taxicab services and an exemption for charter transportation. Motion by Jones to receive and file the documents. and that the requirement that a pro- posed ordinance be con- sidered 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 Jones for final consideration and passage of Ordinance No. 11-09 Amending the City of Du- buque Code of Ordinances by repealing Chapter 46 Vehicles for Hire and Pub- lic Transportation and adopting a new Chapter 46 Vehicles for Hire and Public Transportation in lieu thereof. Seconded by Connors. Assistant City At- torney Crenna Brumwell clarified that these vehicles would be governed by Chapter 32 of the City Code of Ordinances and Chapter 321 of the Iowa State Code - for vehicle safety. Motion carried 7-0. Snow and Ice Control Budget: City Manager sub- mitting an update on the current snow and ice con- trol budget and recom- mending that certain proj- ects be canceled and rebudgeted in Fiscal Year 2011. Motion by Lynch to receive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 7-0. Fiscal Year. 2010 Wage Plan and Compensation Package for Non - Bargaining Unit Employees and City Council Compen- sation Direction: City Man- ager recommending ap- proval of the Fiscal Year 2010 Wage Plan and Com- pensation Package for Non -Bargaining Unit Em- ployees and requesting di- rection regarding City Council compensation. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 76-09 Approving the Wage and Compensa- tion Package for Non - Bargaining Unit Employees for Fiscal Year 2010. Seconded by Jones. Mo- tion carried 7-0. Connors moved that the City Council appoint a compensation task force for the purpose of deter- mining annual compensa- tion for the incoming Council Members. Seconded by Resnick. Buol Clarified .that accord- ing to State Code, the year in which the majority of Council Members are up for election is when a sal- ary increase for the incom- ing Council is decided upon. With respect to scheduling, City Attorney Lindahl clarified that this decision cannot be made in November and Decem- ber per State Code. Van Milligen added that it was opportunity ti legislators w worthwhile a to the City of Voetberg Council that appointed to ity and Econ( ment Comn National Leal Connors she has bee( the Human Committee f, League of Ci CLOSED Motion by to closed s( . p.m. regardii gation pursu 21.5(1)0) of 1 wa. Seconc berg. Motior Upon m Council re open sessic stating that staff proper There be business, ul City Counc 8:20 p.m. /s/Jeanr