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Proof of Publication Council Proceedings 4 16 07 prior to the meeting at which it is to be passed tie suspended. Seconded by Jones. Staff report was given by Kyle Kritz, Plan- ning Services. Michalski recommended the words °but not limited to' be added before "biofuels production." Motion car- ried 7-0. Motion by Jones for final consideration and adoption of Ordinance No. 19-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding new language es- tablishing standards for biofuels production facili- ties to the Planned Unit Development District as amended. Seconded by Braig. Motion carried 7-0. 2007 Asphalt Paving Project: Proof of publica- tion on notice of hearing to consider adoption of the plans and specifications, form of contract, and esti- mated cost for the 2007 Asphalt Paving Project and City Manager recommend- ing approval. Motion by Cline to receive and file the documents and adopt Resolution 227-07 Appro- val of plans and specifica- tions, form of contract, and estimated cost for the 2007 Asphalt Paving Proj- ect. Seconded by Michalski. Motion carried 7-0. Downtown Streetlight and Traffic Signalization Pole Painting Project: Proof of publication on no- tice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project and City Manager recommending approval. Motion by Connors to re- ceive and file the docu- ments and adopt Resolu- tion No. 228-07 Approval of plans and specifica- tions, form of contract, and estimated cost for the Downtown Streetlight and Traffic Signalization Pole Painting Project. Seconded by Lynch. Mo- tion carried 7-0. Valentine Park Rest Room Project: Proof of publication on notice of hearing to consider adop- tion of the plans and spec- ifications, form of contract, and estimated cost for the Valentine Park Rest Room Project and City Manager recommending approval and award of the contract to Mike Strub, Inc., in the amount of $66,662.07. Motion by Connors to re- ceive and file the docu- mwn}s ~nr1 arlnn} RcenL,_ eluded neighborhood in- put, to be brought back to Council. Motion carried 7- 0. Newt Marine: Request of Carter Newt, Newt Marine, to address the City Coun- cil regarding the lease ex- tension for Dubuque Ter- minal, Inc. Motion by Cline to receive and file the documents and refer to City Attomey. Seconded by Braig. Carter Newt, 1738 Vizaleea, spoke in fa- vor of the lease extension 'citing the dependency of three, long-term business contracts upon this lease. Motion carried 7-0. Final Plat -Miller Place: Zoning Advisory Commis- sion recommending appro- val of the final plat of Lot 1-1 and 2-1 of Miller Place as requested by Weber Surveying, LLC. Motion by Cline to receive and file the documents and adopt Resolution No. 232-07 Ap- proving the final plat Of Lots 1-1 and 1-2 Miller Place in Dubuque County, Iowa. Seconded by Michalski. Motion carried 7-0. Final Plat of Silver Oaks Estates Subdivision: City Manager recommending approval of the final ppltat of Silver Oaks Estates Subdi- vision, subject to condi- tions. Motion by Michalski. to receive and file the documents and adopt Resolution No. 233-07 Ap- proving the final plat of Sil- ver Oaks Estates in Dubu- que County, Iowa. Seconded by Cline. Connors expressed con- cern over the proximity to the airport and noise. Braig asked if this subdivision would be grandfathered if the two-mile buffer around the airport is implemented. City Attorney Lindahl said it would be exempt. Mo- tion carried 7-0. Tax Increment Ordinance -Greater Downtown Urban Renewal District: City Manager recommending approval of an amendment of the Tax Increment Ordi- nance to establish the use of tax increment financing to existing and expanding areas of the amended Greater Downtown Urban Renewal District. Motion 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 suspended. Seconded by Jones. Mo- tion carried 7-0. Motion by Connors for final consider- n}inn snl! .~.~....ti..., ..i n.a: Upon motion the Council convened closed session at 8:20 p.m. regarding Property Acquisition - Chapter 21.5(1)Q) 2005 Code of Iowa Upon motion Council re- convened regular session at 8:36 p.m. stating that staff had been given prop- er direction. There being no further business, upon motion the meeting adjourned at 8:37 p.m. /s/ Kevin S. Firnstahl Asst. City Clerk it 4/25 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 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: April 25, 2007, and for which the charge is $267.85. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a~.S~ day of , 20 ~. No~ry Public in and for Dubuque County, Iowa. ,;.+~'~ e, PAARBTGR,JiEYER ~' Cornmiselan Number 154885 - k4y C©mm. €,x~. FEB. 1, 2008 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session on April 16, 2007, at 6:30 p.m. in the Public Library Auditorium Present: Mayor Buol Couricil Members Braig Cline, Connors, Jones Lynch, Michalski. City Manager Van Milligen; City Attorney Lindahl Invocation was provide by Reverend Thomas W Young, Westminster Pres byterian Church PROCLAMATIONS Fair Housing Mont (April, 2007) was accepte by Bruce Ray, Iowa HU Director, 210 Walnu Street, Des Moines; La Day (May 1, 2007) was ac cepted by Steve Drahozal President, Dubuque Coun ty Bar Association, Youn Lawyers Division, 79 Main Street; Laughter Da (May 6, 2007) was accept ed by Patrick Sterenchuk, 82 Main Street; Historic Preservation Month (May, 2007) was accepted b Dave Stuart, Chairperson of the Historic Preservation Commission, 1492 Locust Street. ' PRESENTATION Aquila Rebate Presenta- tion: Chuck Bandy, Cus- tomer Service Supervisor, presented the City of Du- buque with a rebate check in the amount of $1,240 for meeting the standards of the Energy •Efficiency Re- bate Program at the City Garage. CONSENTITEM$ Motion by Lynch to re- ceive, file, refer to staff, and adopt resolutions as indicated. Seconded by Connors. Michalski asked that (#6) U.S. Department of Housing and Urban De- velopment be held for sep- arate discussion. Jones asked that (#25) Multi- Jurisdictional Drug Task Force Agreement be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 3/26; City Council of 4/2; Civil Serv- ice Commission of 4/5; Electrical Code Board of 3/27; Housing Commission of 3/27; Human Rights Commission of 3/12; Li- brary Board of Trustees of 2/22; Mechanical Board of 4/7; Zoning Advisory Com- mission of 4/4; Zoning Board of Adjustment of 3/22; Proof of publication of City Council Proceed- ings of 3/19; Library Board of Trustees Update from Meeting of March 26, c the selection of Racom tc provide the Riverwalk Se curity Camera Systen ftom the Recognition Wal _ mural northerly to the n Alliant Amphitheater site 0 Upon motion received q, filed, and approved. U.S. Department o' Housing and Urban Devel- ' opment: Communicatior ' from the U.S. Department ' of Housing and Urban De- y velopment (HUD) advising; that the City's 2006 d McKinney-Vento Act homeless assistance appli- _' cation has been selected for funding in the amount of $536,520.00. Michalski h quoted from the communi- d cation and said that D homelessness is a high t priority. Housing and Com- ,N munity Development Di- _ rector David Harris and his staff deserve the Council's ' attention and praise. Mo- 9 lion by Michalski to re- g ceive and file the docu- y ments and send a com- _ mendation to the Housing staff. Seconded by Braig. Motion carried 7-0. Plat of Survey -Finley y Home Addition No. 2: City Manager recommending approval of the Ptat of Sur- vey for Lot 1 and Lot 2 of Finley Home Addition No. 2. Upon motion received, filed, and Resolution No. 201-07 Approving Plat of Survey of Lot 1 and Lot 2 of Finley Home Addition#2 was adopted Memorandum of Agree- ment -West 32nd Street Detention Basin Project: City Manager recommend- ing that the City negotiate a Memorandum of Agree- ment with the U.S. Army Corps of Engineers and the Iowa State Historic Preservation Office r~gard- ing the West 32nd Street Detention Basin Project. Upon motion received, filed, and approved. 32nd Street Detention Basin - Lead Federal Agency for Section 106 Compliance: City Manger recommending approval of an agreement between the City of Dubuque, the US Army Corps of Engineers (USAGE), and the Iowa De- partment of Natural Re- sources (IDNR) establish- ing the USAGE as the lead federal agency to fulfill the responsibilkies under 36 CFR Part 800, Section 106 for the West 32nd Street Detention Basin Project. Upon motion received, filed; and approved. AV Equipment Purchase - Federal Building Renova- tion Project: City Manager recommending approval of the acquisition of the Fed- eral Building audiovisual equipment from Electronic cilities for various recrea lion programs. Upon mo lion received, filed, anc approved. Dubuque Water Ski Clut Lease: City Manager rec ommending approval of a one-year lease with the Dubuque Water Ski Club Upon motion received filed, and approved. Request for Proposals Financial Services: Cit) Manager recommendinc approval of the issuance o' a Request for Proposal: for the City's Financia Services. Upon motion re- ceived, filed, and ap- proved. Legislative Correspond- ence: Communication tc area legislators urging op- position to any bill which would limit the City's abili- ty to collect delinquent util- ity accounts. Upon motion received and filed. Amtrak -Letter of Sup- port: Communication to Milt Sees, Acting Secretary of the Illinois Department of Transportation, in sup- port of the route for Amtrak rail service from Chicago through Rockford, Freeport, and Galena, Illi- nois into Dubuque and fur- ther requesting that the Illi- nois General Assembly provide the initial funding to • launch this project. Upon motion received and filed. Request for Proposals - 1126 White Street: City Manager recommending approval of the issuance of a Request for Proposals and creation of a public private partnership with the Dubuque Com- munity School District for conversion of the School District property at 1126 White Street to town homes for owner-occupant households. Upon motion received, filed, and ap- proved. HUD Regulatory Reform: Communication to The Honorable Alphonso Jack- son, Secretary of the Unit- ed States Department of Housing and Urban Devel- opment Department, ac- cepting an invitation to be- ^ome aparticipant in the Housing and Urban Devel- opment's National Call to fiction for Affordable lousing through Regulato- y Reform. Upon motion -eceived and filed. Food Scrap Recycling Pi- ot Program: City Manager recommending that the >ervice fee for the 2007 =ood Scrap Recycling Pilot grogram be reduced for esidential and commercial :ustomers. Upon motion ', eceived, filed, and ap- >roved. Theisen Sunnly_ Inc • Ci}v Main Street -Lighting an Sidewalk Replacemer Project, Federal Buildin Renovation Project, •an Eagle Point Park Fee Co lector's Building Projec was adopted. Business License Re funds: David H. Hoffmar The White House - Ciga rette License; -- Jud Wagner, Wagner Coppe Kettle -Beer and Liquc License; Eddie Hwanc Taiko's - Beer PermF Upon motion receiver filed, and approved. Business Licenses: Cit Manager recommending approval of annual liquc license renewals as sub miffed. Upon motion re ceived, filed, and Resolu lion No. 209-07 Grantino the issuance of a Class Beer Permit to 16th Stree Auto/Truck Plaza, Tobacco Outlet Plus, and Lien Ori ental American, and Reso lution No. 210-07 Grantinc the issuance of a Class % Liquor License to Dubuque Moose Lodge #355; Clas: C Beer/Liquor License tc Carlos O'Kelly's (2-Dal Outdoor Service) DaVinci's Restaurant anc Lounge, Catfish Charlie's Sublime, Whiskey River Olive Garden and Lot One. and Class B Wine PermH to Carroll's Wine Company were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Cline to re- ceive and file the docu- ments, adopt resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 7-0. Frscal Year 2007 Budget Amendment: City Manager recommending that a pub- lic hearing be set for May 7, 2007 to consider apprp- val of the second amend- ment to the Fiscal Year 2007 operating budget. Upon motion received, filed, and Resolution No. 211-07 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2007 budget for the City of Dubuque was adopted setting a public hearing at a meeting to commence at 6:30 p.m. on May 7, 2007; in the oublic library auditorium. White Water Creek 3ridge Project Phase II - _ead Paint Removal, 'leaning and Painting: City Manager recommending vitiation of the public bid- iing process for the White Nater Creek Bridge Relo- :ation Project Phase II - _ead Paint Removal, :leaning and Painting and nt ~ nnhlir hmrinn .... Reconstruction Projec Resolution No. 218-07 AI proving the plats, schedu of assessments and est mate of total cost for th Rush Street Reconstruc lion Project; Resolutio No. 219-07 of Necessil for the Rush Street Recor struction Project; and Re<. olution No. 220-07 Fixin date of public hearing o Resolution of Necessil were adopted setting public hearing at a meetin to commence at 6:30 p.n on May 7, 2007, in th public library auditorium. Asbury Plaza Are. Wastewater Pumping Fa cilities Project: City Man ager recommending initia lion of the public bidding process for the Asbur Plaza Area Wastewate Pumping Facilities Projec and that a public hearin< on the plans and specifics lions, form of contract, anc estimated cost be set fo May 7, 2007. Upon motior received, filed, and Reso lution No. 221-07 Prelims nary approval of plans anc specifications, form o' contract, and estimatec cost for the Asbury Plaza Area Wastewater Pumpinc Facilities. Project; Resolri- tion No. 222-07 Settinc date of hearing on plans and specifications, form o1 contract, and estimated cost for the Asbury Plaza Area Wastewater Pumping Facilities Project; and Res- olution No. 223-07 Order- ing the advertisement for bids for the Asbury Plaza Area Wastewater Pumping Facilities Project were adopted setting a public searing for a meeting to ^ommence at 6:30 p.m. on May 7, 2007, in the public ibrary auditorium. US 20 (Devon Drive to Menards) Capacity Im- xovements Project - ~hase II: City Manager ecommending initiation of he public bidding process or the US 20 (Devon Drive o Menards) Capacity Im- ~rovements Project - ~hase II and that a public rearing on the plans and specifications, form of sontract and estimated ;ost be set for May 7, !007. Upon motion re- :eived, filed, and Resolu- ion No. 224-07 Prelimina- q approval of plans and pecifications, form of ontract and estimated ost; Resolution No. 225- 7 Setting date of hearing n plans and specifica- ons, form of contract and stimated cost: and Reso- ltion No. 226-07 Ordering to advertisement for bids x the US 20 (Devon Drive a^ enards Opacity Im-