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Proof of Publication City Council 6 18 07ubdivision Regula- f the City of Dubu- ode of Ordinances ending Section 42- xtend amoratorium ivision plats in the 2 (Southwest Arteri- 'dor; and Ordinance -07 Amending Ap- A (the Zoning Ordi- of the City of Dubu- e of Ordinances ndin$ Section 4-4.2 'ng sde plane, and nding Section 6- regarding rezonings nd a moratorium for an and rezoning ap- ns in the Iowa 32 west Arterial corri- onded by Braig. carried 7-0. J Properties Dubu- LLC Development nt: Proof of publi- on notice of hearing sider approval of a pmen~ Agreement 8 J Properties Du- LLC, and the dis- n of 2.74 acres of in Dubuque•Tech- Park for construc- f an 11,255 square ffice building, and onager recommend- pprovai. Motion by rs to receive and file uments and adopt ion No. 349-07 De- ing that the proposal J Properties Dubu- LLC to acquire and property in the ue Industrial Center ' Economic Develop- Urban Renewal Dis- n the City of Dubu- owa is in compliance e terms of the City's g for the disposition h property; and Res- n No. 350-07 Ac- g the proposal of L 8 roperties Dubuque, for the purchase of rty in the Dubuque I Center South mic Development Renewal District in ity of Dubuque, Iowa pproving the Devel- nt Agreement with L Properties Dubuque, Seconded by Chne. n carried 7-0. of Dubuque Parking - Urban Renewal Increment Revenue s: Proof of publica- n notice of hearing to der approval of the of not to exceed 00,000 Urban Re- I Tax Increment Rev- Bonds and City Man- recommending ap- I. Motion by Cline to e and file the docu- and adopt Resolu- o. 351-07 Instftuting ings to take addi- action for the issu- of not to exceed ,000 Urban Re- scum's expansion; and is leverage for the museum's $8 million Vision Iowa grant. Per the devebp- ment agreement, the Dia- mond Jo can reject the project's plans. The City would then downsize the project to accommodate the change in cost, and the museum would have to renegotiate their Vision 1o- wa grant. Motion carried 7-0. Release and Acceptance of Sanitary Sewer Ease- ment -Raven Oaks: Proof of publication on notice of hearing to consider vacat- ing and relocating a por- tion of an existing sanitary sewer easement and to va- cate autility easement in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place and City Man- ager recommending ap- proval. Motion by Cline to receive and Tile the docu- ments and adopt Resolu- tion No. 352-07 Accepting a conveyance of ease- ments over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of Dubuque, and Resolution No. 353-07 Disposing of interest and release of a portion of an existing 20- foot wide sanitary sewer easement, a 25-foot ac- cess and utility easement, and a 5-foot utility ease- ment on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Piece in the City of Dubuque, Iowa, Dubuque County, Iowa. Seconded by Braig. Mo- tion carried 7-0. York and Curtis Street Storm Sewer Improvement Project: Proof of publica- tion on notice of hearing to consider approval of the plans and specifications, form of contract, and esti- mated cost for the York and Curtis Street Storm Sewer Improvement Proj- ect and City Manager rec- ommending approval. Mo- tion by Michalski to re-. ceive and file the docu- ments and adopt Resolu- tion No. 354-07 Approving plans and specs nations, form of contract, and esti- mated cost for the York and Curtis Street Storm Sewer Improvement Proj- ect. Seconded by Lynch. Motion carried 7-0. Star Brewery Drive Con- struction Project: Proof of publication on notice of hearing to consider appro- val of the plans and speci- fications, form of contract, and estimated cost for the Star Brewery Drive Con- struction Project and City Manager recommending approval. Motion by form of contract, and esti- mated cost for the Kauf- mann Avenue Alley Storm Sewer Construction Proj- ect. Seconded by Jones. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Callahan Old 20 Subdivi- sion: Zoning Advisory Commission recommend- ing approval of the Prelimi- nary Plat of Callahan Old 20 Subdivision as request- ed by Joel Callahan, Callahan Construction. Communication from Joel Callahan requesting this item be tabled. Motion by Cline to re- ceive and fflile the docu- ments and table. Seconded by Braig. Mo- lion carried 7-0. Procedure for Declaring Public Nuisances: City At- torney recommending ap- proval of a proposed amendment to Chapter 23 of the City of Dubuque Code of Ordinances to provide for the procedure for declaring a public nui- sance. 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 d is to be finally passed be susppeennd- ed. Seconded by Janes. Motion carried 7-0. City Attorney Lindahl said that this ordinance amendment will conform the City Code of Ordinances to the Iowa Supreme Court ruling which requires notice to the property owner and an opportunity to txs heard in a quasi-judicial proceeding if a declaration of a public nuisance is made by the City Council. Motion by Connors for final consider- ation and adoption of Ordi- nance No. 3G 07 Amend- ing the City of Dubuque Code of Ordinances Chap- ter 23 Nuisance, Section 23-43 Relating to the Pro- cedure for the Declaration of a Public Nuisance. Seconded by Braig. Mo- tion carried 7-0. Greater Dubuque Devel- opment Corporation: Com- munication from the Great- er Dubuque Development Corporation requesting ap- pointments to the Greater Dubuque Development Corporation Board of Di- rectors. Motion by Connors to appoint Mayor Buol, City Manager Van Milligan, and Economic Development Director Da- Company in the amount of $114,245. Motion by Michalski to receive and file the documents and adopt Resolution No. 359- 07 Awarding public im- provement contract for"the Grand River Center Carpet Replacement Project. Seconded by Connors. Michalski said she was disappointed in the degree of mistakes in the bid. o- tion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol asked Assis- tant City Manager Cindy Steinhauser to give a re- port on the recent All America city award pre- sentation. Steinhauser pro- vided abrief history of the application process and how the City engaged citi- zens and organuaeons to gather information about what makes Dubuque an All America city. The coin- munity's collaboration ef- forts and youth programs were emphasized along wfth the City's diversity, downtown revkalization and the Port of Dubuque projects. The City's spirit of collaboration and the projects' sustainabflity were apparent in the dele- gation's presentation and she thanked everyone in- volved for their excitement and input. Michalski em- phasized the presence of elected officials in the vnn- ning presentation. Lynch commended Steinhauser for her detailed planning and facilitation of the pre- sentation. PUBLIC INPUT (None) CLOSED SESSION Upon motion the City Council convened in spe- cial session at 8:15 p.m. pending litigation and property acquiskfon pur- suant to Chapter 21.5(1)(c)(I) 2007 Code of Iowa Upon motion and having given staff pr direc- tion, the City Council re- convened to regular ses- sion at 8:24 p.m. There being no further business, upon motion the meeting adjourned at 8:25 p.m. /s/Kevin S. Fimstahl Assistant City Clerk 1f 7/4 STATE OF IOWA {SS: DUBUQUE COUNTY 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: July 4, 2007, and for which the charge is $397.99. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this --s day of , 20 ~. Notary Public in and for Dubuque County, Iowa. Commlaslo 4umoar ,~g85 kly Comm, E,xo, FLB. 1, 2008 CITY OF DUBUQUE, IOWA cITY coullrca PROCEEDINQS 8PECU-L SESSION The Dubuque City Coun- , cil met in special session' at 5:30 p.m. on June 18, 2007, in the Public Library Auditorium regarding pending IRigation and property acgwsctson pur- suant to Chapter 21.5(1)(c)Q) 2007 Code of Iowa Present: Mayor Buol, Council Members Braig, Cline, Connors,. Jones, Lyynnch, Michalski, City Manager Van Milligan; City Attorney Lindehl Upon motion and having ~~~n staff proper direc- tion, City Council ad- journed special session at 6:28« ~ «» «~»».,... «. _.. CRY OF DUBUQUE, IIOWA Ct7Y CO1piCiL RE SESSION The Dubuque City Coun- cil met in regular session at 8'.30 p.m. on June 18, 2007, in the Pubix: Library Auditorium. Present: Mayor Buol, Council. Members Braig, CNne, Connors, Jones, L h, Michalski. City N~a agar Van Milligan; City Lindahl ~~ O E INVOCATION Invocation was provided by Sr. Pa~ ~oy,ONM Ireland Visitors Proclama- tion was accepted by Alan Garfield, 2378 Beacon Hill, and the Carlin family of Courriy po~gal, Ireland. P~iESENTATION Fire Chief f)arr Brown presented Assistant Fire Chief Rk:k Staines wkh the National Fire Academy's Executive Fire Officer Cer- tificate from the Depart- ment of Homeland Security CONBENTREMS Motion by Cline to re- ceive and fifile the docu- ments and dispose of as indicated. Second by Jones. Michalski rexluest- ed (M22) United States Confererke o1' Mayors be held.for separate discus- sion. Moti~s carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Com- mission of 5/1; City Coun- cil of 6/4; Electrical Code Board of 5129; Housing Corrrrnission of 5/22 and Special Meeting of 5/29; Human Rights Commis- sion of 5/14; Park and Recreation Commission of 5/8; Zoning /ldvisory Com- miaslon bf fi/6: Zoninc Referral Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Operation: New View: City Manager recommending approval of a Purchase of Service Agreement with Operation: New View in the amount of $18,257. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement with Helping Services' of Northeast Io- wa, Inc.: City Manager rec- ommending approval of a Purchase of Service Agreement wfth Helping Services of Northeast Io- wa, Inc. in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement wRh Greater Dubuque Development Corporation: City Manager recommending a proval of a Purchase of Service Agreement wRh Greater Dubuque- Development Corporetcon in the amount of $170,613. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending approval of a Purchase o1 Service Agreement with Dubuque Main Street, Ltd. in the amount of $47,55( and $10,000 to suppor funding apart-time devel- opment position. Upor motion the documents were received, filed, ant approved. Purchase of Service Agreement with Hills ant Dales: City Manager rec ommending approval of i Purchase of Service Agreement to Hills ant Dales for senior program; in the amount of $25,000 Upon motion the docu ments were received, filet and approved. Purchase of Servic Agreement with Dubuqu Area Labor Managemer Council: City Manager rec ommending approval of Purchase of Servic Agreement with Dubuqu Area labor Managemer Council in the amount c $17,455. Upon motion th documents were receives filed, and approved. Purchase of Servic Agreement with the Dubs qua Area Chamber i Commerce Conventic and Visitors Bureau: Ci+ Manager recommender approval of a Purchase Service Agreement wig a,, n„ti,,..,,a Area Chan omit Development: Com- sunication from Michael L. ramontina, Iowa Depart- sent of Economic Devel- pment, advising that genuine Genius Solutions, LC has received an ntrepreneurial Ventures ,ssistance Award in the mount of $125,000. Upon lotion the documents rare received and filed. Tee Box Place -Plat of lurvey: Zoning Advisory ;ommission recommend- ig approval of the Plat of lurvey of Lot 1 and Lot 2 sf Tee Box Place as re- luersted by Conlon Con- ~truction Company. Upon notion the documents vere received and filed, snd Resolution No. 337-07 lpproving the Plat of Sur- cey of Lot 1 and Lot 2 of fee Box Place was adopted. Links Glen Place.- Plat of lurvey: Zoning Advisory commission recommend- ng approval of the Plat of >urvay of Lots 1 through 3 end Lot A of Links Glen ~Iace as requested by Conon Construction Com- oany. Upon motion the iocuments were received and filed, and Resolution No. 338-07 Approving the Plat of Survey of Lots 1 through 3 and Lot A o1 Links Glen Place was adopted. Links Glen Condominiurr Development -Plat of Sur- vey: Zoning Advisory Commission recommend• ing approval of the Plat o• Survey of Lot 1 and Lot ~ of Mineral Lot 138 as re- quested by Conlon Con• struction Company. Upor motion the documents were received and filet and Resolution No. 339-Oi Approving the Plat of Sur vey of Lot 1 and Lot 2 0 Mineral Lot 138 wa: adopted. Preserve America Gran Application: City Manage recommending approval e the submission of a Pre serve America Grant Apple cation fof expansion of ttM Mines of Spain IMerpretiv~ Exhibit and Education Pre gram. Upon motion th documents were receive" and filed, and Resolutio No. 340-07 Providing fc an application to the N2 tional Park Service for Pre serve America Funds fc Mines of Spain Interpretiv Exhibit and Education Prc gram was adopted. Dubuque Technolog Park: City Manager recon mending approval of the re-platting of Lots 1 and of Dubuque Technolog Park. No. 4 to incorpora~ the excess right-of-way ii to Lot 1 and create a saps rata Lot 2 for the Ames nd Bar, Dubuque Bowling anes, Five Flags Center, nd Buffalo Wiid Wings; pecial Class 'C' Liquor icertse to Rotary Club; nd Class 'B' Wine Permit > Hy-Vee Wine and Spirits 4' were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Cline to re- vive and file the docu- ients, set the public hear- rg as specified, adopt the esolutwns and direct the ;ity.Clerk to publish notice i the manner prescribed sy law. Seconded by .ynch. Motion carried 7-0. Port of Dubuque Parking Facilities Projec: City Man- sger recommending inftia- ion of the public bidding >rocess for the Port of Du- ruque Parking Facilities project and that a public leering on the plans and specifications, form of ;ontract, and estimated ;ost be set for July 2, ?007. Motion by Cline to •eceive and file the docu- ments and adopt Resolu- fon No. 348-07 Prelimina- y approval of plans and >pecifications, form of :ontract, and estimated post for the Port of Dubu- que Parking Facilities Proj- ect, Setting date of hearing on plans and specifica- tions, form of contract, and estimated cost for the Port of Dubuque Parking Facili- ties Project, and Ordering the advertisement for bids for the Port of Dubuque Parking Facilities Project was adopted setting public hearng for July 2,. 2007 at a meeting to com• manse at 6:30 p.m. in the Public Librarryy Auditorium. BOARDS/COMMISSION9 Applicants were invitee to address the City Coun cil regarding their desire t< serve on the following Boards/Commissions 175th Anniversary Cele bration Coordinating Com mittee. Fifteen Member Ac Hoc Committee, Tempos ry Terms. Applicants: Ceti zen Representatives (E Wallace Brown, Susal Farber, Barbara Fisher Michael Gibson, Bai Kintzinger, Jtrseph RapF Ralph Scharnau, Jennife Tigg)es, Tammy Welbe: Katie Weidemann; Hig School Student (1) - N applicants; Young Profes sionals (2) Amend Brechler, Scott Fros Brooke Gassman, Susa Hess, Jenn'rfer Lies Lindsey McNeele~ Moeller, ChrisKophs Wand, Tammy Welbe: Marcie Winkelman; Histor cal Society Representati~ (1) Meg Wall-Wild; Chan bar of Commerce Repri rl. Motion by Jones to re- ceive and file the docu- ients and that the re- uirement that a proposed rdinance be considered nd voted on for passage t two Council meetings rior to the meeting at Which .it is to be finally assed be suspended econded by Braig. Den- is Power, 767 Brookview quare, spoke in support f the ordinance. Planning srvices Manager Laura larstens provided a staff Sport. Lynch asked if sere is a traffic bench- nark the City uses,rf the •affic will increase, and chat the estimated occu- ration or completion date s. Carstens said there is io traffic benchmark. 'owers said that construc- ion is scheduled for com- rletion in August and that he traffic will increase come. However there is sufficient road capacity in >lace to handle the sn- •rease. Motion carried 7-0. vlotion by Jones for final ;onsideration and adop- ion of Ordinance No. 31- )7 Amending Appendix A the Zoning Ordinance) of he City of Dubuque Code if Ordinances by reclassi- !ying hereinafter described oropertty located at 3100 ,,edar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercia District. Seconded by Lynch Motion carried 7-0. 40-42 Main Street - Re- quest to Rezone: Proof o publication on notice o' public hearing to consider rezoning property locates at 40-42 Main Street from LI Light Industrial Distric to C-4 Downtown Com mercial.District as reeqquest ed by Chris Miller/Wall~ Brown, and Zoning Advi sory Commission recom mending approval. Motion by Jones to receive ant file the documents ant that the requirement that ~ proposed Ordinance bI consrdered and voted of for passage at two Count meetings prior to the meeting at which it is to b finally passed be suspend ed. Seconded by Connor: Motion carried 7-0. Plan Wing Services Manage Laura Carstens provided staff. report saynng that th rezoning provides an of portunity to use an histori structure that is current) empt)r in an area that's i transition. Motion by Jone for final consideration an adoption of Ordinance Nc 32- 7 Amending Append A (the Zoning Ordinance of the City of Dubuqu Code of Ordinances by n