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Proof Council Minutes 9 18 06 CITY OF DUBUQUE, IOWA COUNCil PROCEEDINGS OFFICIAL City Council, Regular Session, September 18. 2006 Council met at 6:30 P.M. in the Public library Audi- torium Present: Mayor Buol, CC?uncil Members STeig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligan, As- sistant City Attorney O'Brien Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Melissa Warren Spoerl, Spiritual Care Co- ordinator of Hospice of Dubuque Proclamations: Constitu- tion Week (September 17 - 23, 2006) received by Eileen Coursey; Employ Older Workers Week (Sep- tember 24 - 30, 2006) re- ceived by Sandy Johnson of MRP Senior Employ- ment; Irish Hooley Day (September 24, 2006) re- ceived by Ann Schroeder and the Claddaugh Danc- ers: Kerry Blodgett, Danika Carstens, Molly O'Hara, and Erin Schroed- er; World Wide Day of Play (September 30, 2006); Crop Walk Day in Dubu- que (October 1, 2006) re- ceived by Dorothy Krayer; Mental Health Association Day (October 12, 2006) re- ceived by John Curtis; Disability Employment Awareness Month (Octo- 'ber, 2006) received by I Mary Lynn Revoir of Iowa Workforce Development and Nancy Everman of the Dubuque County Exten- sion Office. CONSENT ITEMS Minutes and Reports Submitted: Airport Com~ mission of 8/26; City Council of 8/29, 8/30 and , 9/5; Electrical Code Board of 7/26; Zoning Advisory Commission of 9/6, upon motion received and filed. Proof of publication of List of Claims and Summa- ry of Revenues for month ending July 31, 2006, upon motion received and filed. Printed Council Proceed- ings for month of March, 2006, upon motion re- ceived and filed and ap- proved as printed. Notice of Claims/Suits: Theresa M. Clasen for ve- hicle damage; David and Judith Tully for vehicle damage; J. Thomas Zaber, et at vs. City of Dubuque, upon motion received and filed and referred to the City Attorney for investigation/report. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Io- wa, the agent for the Iowa Communities Assurance Pool: Theresa M. Clasen for vehicle damage, upon motion received and flied and concurred. City Attorney recom- mending that the claim of Judith Tully be referred to Selco, Inc., upon motion received and filed and concurred. Fiscal Year 2006 Street Finance Report: City Man- ager recommending ap- proval of the City of Dubuque's Fiscal Year 2006 Street Finance Re- port for submittal to the Io- wa Department of Tr8fls~ portation, upon motion re- ceived and filed. Cline moved adoption of Reso- lution No. 432-06 Approv- ing the City of Dubuque Fiscal Year 2006 Street Fi- nance Report. Seconded by Lynch. Motion carried 7-0. Federal Recreation Trail Grant: City Manager rec- ommending approval of an application to the Iowa De- partment of Transportation for a Federal Recreational Trails grant in the amount of $342,000 for Phase 2 of the Iowa 32 (Northwest Ar~ terial) Bike/Hike Trail Proj- ect, upon motion received and filed. Cline moved adoption of Resolution No. 433-06 Approvin9 the sub- mittal of an application for. Federal Recreational Trails Program Funding to the lo~ wa Department of Trans- portation for Phase 2 of the Iowa 32 (Northwest Ar- terial) bike/hike trail. Seconded by Lynch. Mo- tion carried 7-0. ; McGraw-Hili Storm Saw- I er Extension: City Manager I recommending approval to ~ negotiate a contract with WHKS & Company for a lump sum fee of $8.700 for engineering and survey services to facilitate the timely design of the storm sewer to be extended to the west from Bell Street, south of the McGr~w-Hill property and north of 5th Street, upon motion re- ceived and filed and ap- proved recommendation. Certified Local Govern- ment (CLG) Grant: City Manager transmitting the I final version of the ~rant ~E~~~t~~nc'!.?;".!~~f I;~~~ Maintenance of Solid I Waste Facilities and Serv- ices Agreement with the Dubuque Metropolitan Area Solid Waste Agency, upon motion received and filed. Cline moved adop~ tion of Resolution No. 435- 06 Approving Administra- tion, Operation and Main~ tenance Agreement be- tween the City of Dubuque and the Dubuque Metro~ politan Area Solid Waste Agency. Seconded by Lynch. Motion carried 7-0. Comprehensive Solid Waste Management Plan Update: City Manager rec- ommending concurrence and approval of the Dubu- que Metropolitan Area Sol- id Waste Agency's 2006 Comprehensive Solid Waste Management Plan Update, upon motion re- ceived and filed. Cline moved adoption of Reso- lution No. 436-06 Approval of the Dubuque Metropoli- tan Area Solid Waste Agency's Comprehensive Solid Waste Management Plan Update. Seconded by Lynch. Motion carried 7-0. Targeted Jobs Withhold- ing Tax Credit Application: City Manager recommend.- ing approval of a Resolu~ tion of Support and an ap- plication to the Iowa De~ partment of Economic De- velopment for the Targeted Jobs Withholding Tax Credit Program for pilot project status, upon mo- tion received and filed. Cline moved adoption of Resolution No. 437-06 En- dorsing an application for the Iowa Department of Economic Development Targeted Jobs Withholding Tax Credit Program. Seconded by Lynch. Mo- tion carried 7-0. 409 Burch Street (Tabled from July 17, 2006 Meet- ing): City Manager recom- mending that this item be re-tabled to October 16, 2006, upon motion re- ceived and filed and re- tabled to the 10/16/06 Council Meeting. Klauer Manufacturing Company: City Manager recommending that the City Council receive and file the acknowledgement executed by him for the five year lease extension between the City and Klauer Manufacturing Company for the period December 1. 2006 through November 30, 2011, upon motion received and filed. Citizen Communication: Communication from Tim Patterson, 1882 White Street, requesting that the City enact an ordinance to allow urtfan chickens with- in the City limits. upon mo- tion received and filed and referred to the City Manag-; e'. Purchase of Property: City Manager recommend- ing approval to purchase a residential dwelling located at 1721 Elm Street to be used for the parking. lot next to the new Communi- ty Health Center, upon motion received and filed. Cline moved adoption of Resolution No. 438-06 Ap- proving the acquisition of real estate located at 1721 Elm Street in the City of Dubuque. Seconded by Lynch. Motion carried 7-0. Key City Properties, LLC - Preliminary Plat: Zoning Advisory Commission rec- ommending approval of the preliminary plat of property located on North Cascade Road in Dubuque County, Iowa as requested by ~ike Stecher/Key City Properties, lLC, upon mo- tion received and filed and approved recommenda- tion. Human Rights Commis- sion: Communication from Dave Loney resigning his position on the Human Rights Commission effec- tive September 11, 2006, upon motion received and filed. Distinguished Budget Presentation Award: City Manager advising that the' City has been notified bY the Government Finance Officers Association of the United States and Canada that we are the recipient of the Distinguished Budget Presentation Award,. upon motion received and fileet and thanked Budget Direc- tor Dawn Lang and con- gratulated City Staff. Dubuque County Histori-: cal Society: City Manager recommending that th. City Council approve 8. resolution of support fOl'_ the Dubuque County Hi~ torical Society's applica- tion to Vision Iowa for $5 million to develop the RiverMax Theater' and Great Rivers Center at the former Adams Company site, upon motion received and filed. Cline moved adoption of Resolution No.- 439-06 Endorsing applica- tion. Seconded by Lynch. Motion carried 7-0. First Supply, LLC: City Attorney recommending approval of a Construction Work and Tenants Affidavit and Recording Gap In- demnity for First Supply, LLC and authorize the Mayor to sign the docu.- ments, upon motion re- ceived and filed and ap- -- 'ITEMS TO BE SET FOR meeting at which it is to. be PUBUC HEARING finally passed. be suspend- Fiscal Y_ 2007 Budget ed. Seconded py Brolg. _.0,"'", City MaIlag- MotlOn.carrled7-O. LynqIl ~~ngbe .88l'halfoa, movtKi' finIIf consIderatIOn and . PM88O! "'the 0Id!- . . 2; toconskj. nance.'Seconded'by ar approval of the flra! Braig. MotIon carried 7-a. amendment to tile Aecal 1331 RockdaIe Road - Year 2007 budget, upon Request to Retorie: ProOf _Ion received and flied. of pubIIda!Ion on notio<! of eRne moved adoption of heIrina to conaider . re- Raaolutlon No. 443-06. qIl88l. lrom . Ched LaItd1 I Ilattlng the date for !he ~ and Jeanne HeIaI 10 public hoarIng on Amend" _ property _ e! mant No. 1 10 .he FIscal 1331 RockdaIa Roadlnlrn Year 2007 budgat for the R-l ~amIIv 1ItoJ- ?~of at ':'=..a'l:: _~-2TWO- ~1~~30 ~:c.\~ =~I",=--~ ~7'..x~ p~l= ~~ a"C.~r-. the mannar _bod py <lOIft'tialar, 1443 ~- law. Seconded by LynCh. dale _, ~ In sup- Motion carried 7-0. pllIt of the rezoning ..... __~ol~ C~ll"""'oidtnanco No. ~ ~ ._..._Idlng ~. A- InItlaIIiln '" the pybllc> lik!- .of'ii!i ding" _ for Ole Eagto City 01 Dub_ 01 PoInI_ Cancreta Wor1< Q<dlnancoo py.~- ProjacItand !he! a plA:IIIc log t.,.el"aft,er'doocrIIled ~~u:.~~ '~=,.:,1,ti1 ~.:7~~,,: =t~~iltt-= I!OIY == "'='= .~,~'= rSd. C<l..1&:; ~"~_of ~thaI~~t: ~~Io~ ~~= at 6:30 P. . in the public prior to the nieetIng at library auditorium and di- which it is to be finally _lha CIty CIark.o pub-oaaeod be ~. IIsh. notice In the manner Seconded by Jones: ~ _bod by law and; tlon can10d 7-0, Connoi:O Resolution No. 446-06 0..- l'TKNed final consideration derlng bids. Seconded py and _e of !he Ordl- Lynch. Mallon carried 7-0. nonce. Seconded py Bralg. II()AIlDlIICDMMlS8IDN$ MotIon carTiod 7-0. AooIIconts S10 InYiled '0 Pyatlgorsk Pork Parking addr8ss the Council ra- Lot -ProJect: Proof of pubU~ garding their, desire to cation. of notice of heat1ng serve on the foftowing to consider adoption of the BoardslCommis8lons: Dlans and speclflcations Historic Preservation tor the Pyatigorsk Park CornmiI8lOrl (One unex- ParkitlJl Lot Profect and pired three-year term City ~er recommend- through 7/1/08 - Okf Main lng award of the contf8Ct '.~~fF~J; ..~.'~If 11..0: <. RiIPkdIon NO. ~ t.\CCOY --(lid Main 0lIIrlc! ~""'IS.and IIfl8CI- "'~~to"'fol- ... k ~,...,.. .~o~,./.~..;'~~= '~~.ii~ .b~~~~~ "","noNl' JonoI . fiji, the ""- voted. for , L.afi8 WId8nIng Michalski voted for $av- City Manager recommend- age. Therefore, Steven R. Ing award of the' contract . I\CCInOlU _ reappolnjod 10 Horsftold eon_ 10 a""" y"" tarmQl>.tI\o I!l!l". ~ the _nt 1lf ~':'9i1~~h~~1:t.mg:: ronmental S1oward- 'fnoved adoption of _ ship 'AdvIsofyCommlls.lon lutlon No~ 451-Q6 AdoptIrIg (One L.yacant' 1f'vee.o~r plans and aoecIfIcatlonS; ~~ ~==n c~i52~ UpclR ,. ,D:: Rooolullon No. 45S-06 AI>- was appointed to a three proving oonetrucUon oon~ year term which will expire 1ract wlthHorsfllikf Cali- 10/1109. structton, tnc.. for. the As- Historic Preservation bury Road EaiIIboQhd Commlstkm .(One unex- Lane WIdening flrc)jIict. pirod t/lroo-yeor 'e,m Socondod py Connors, !hrqugh 7/1108 - (lid Main MotIon carrlod 7-0. ~.=r-~h ~..=~.:= 7/1-~y DIil- dlacuaslolllotllaCounGll- trlet) Applicant: Kelsha AC110N ITEMI Wainwrighf - Langworthy German Bank Bulkttlna: ..MIc .,~lf,~' In ovai Of .~of 01 ct va- for a DoWn- caI\cy and Ro McCoy town Rohabltltslton Loan flU the Old Main DlstrIc! va- of $300,000, a. $10,000 caney for terms that will faQ8de , grant, and a expire 7/1/08 on the Hls- $10,000 ~1Qtl .prtfor tone PreselVation Com- John.. Gronen-... Mlc"-I mlsalol>. Secolldod by _ and S__!l> BraIg, MO\IOn carrlod 7'1); support _ rohabIllt. P\!IILIC H_ of the formor._ Upon _Ion the rutas Bank Building at 342 ~" were suspended to altow Street. upon motion .r8; a"Y'!"" ~ '" _ calved and flied, CII(lo ~ ll)<llI<>d_onO'l_ :_ Road - lullorlIlo.454-ll8i\1Jthortz- lor VIIluo\iI'Y Ni- Ing a Lattar OfCommlt- n I Rezoning: Proof ment and additional ,,.0- of publ\catlOI\ on notice Of tIona CQIlcomlng a Down- -,"'.....',"" --~~ quOlilJom DubUq..._ '\Il.the _ - ""*" *" _ ~ to """ $IcoI1dad I!Y .1<>1\08. =~,:=~~ '!<~~~t!. , ~e-1~':~~""'t, C ~. DIotllCt ~ 1PflI'l:MII. oI..'lb~"""" ~ wlt/1 _- . AgroarnaqIt...J- ii~~:~C:: .~s:c:~"= ,. .....~ =._.lIl.708MIiliI ~"::~. ~ :n.='loncU: tho. ..voIuortary annoxa!lon moved adoption of - ~ 01' D\j!luque Bank hrtkin,/jq, 455-06 AppIOV- .-~a:'~C:; ~.::'t'rJ.~= . . .. In conj_, wtth DtUg .StOni ~ ~a.rm.:d.-~ ~~"1lyn . , ....No, 61-06)llnond- Dubuque CountyFrleAds 1nt~A tthiZonlng of Extension': Communi': ~) of the CItt Of cation from Richard arld DUbUque Code, of Ordi- Esther Farnum, Co-Chairs nancoo py roclaaaIIYIng of Dubuque County ~ deIcribed Friends of l:xtensIon. fe- DRX*tY IocIt8d at 2890 questing a resolution of _ Road from support from !he. CIty CouIlIy 8-1 _ Dio- Council lor _ '" :;:..tg:y c-3 _ - Measure 0 on tIIo ~ wlth~: ~~~'\C .. and ,,"'f88d. communication and direct . . .:., ...rTIOV8d tMt 'the that a resolution of auppan that a :..pro- be drafted.. ...'. ... '____ ..._....- Cath_ CIH'n"rn arv;k,. STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Wendy Miller, a Billing Clerk for Woodward Communications Inc. an Iowa corporation, publisher of the Telegraph Herald,a newspaper of ge~eral' circulation published in the City of Du?uque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 27, 2006, and for which the charge is $175.34. aOc<<dtl fll j to ) Subscribed to before me, a this 0l-7-t,1 day tary Public in and for Dub}lque County, Iowa, '?n-?'-"-L/ , 20 ~. //"'~~/~ . ,I C <..?. ~ a6-'/ / Notary Public in and for Dubuque County, Iowa, lA'..,. " . ~. .. ~ MARY K. WESTERMEYER Commf88lo~ ~umber 154885 My Comm. [10. FEB. 1,2008 ':-w'