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Proof of Publication 9 17 07 Council ProceedingsFf hearing to consider equest from Joel ion, Callahan Con- jtion, Inc., to amend on 3-3.6 CS Com- ial Service and resale District of the 'fig Ordinance to allow Indoor and outdoor ation facilities and fig Advisory Commis- recommending appro- vlotion by Connors to ve and file the docu- s and that the re- rment that a proposed (once be considered voted on for passage wo Council meetings ~ to the meeting at ih it is to be passed be .ended. Seconded by ~h. Motion carried 7-0. lion by Connors for fi- ;onsideration and pas- _ ~ of Ordinance No. 47- lmending Sections 3- and 3-3.6(0) of the lof Dubuque Code of nances by adding in- : recreation facilities as :rmitted use and out- recreation as condi- 31 use in the CS Com- -ial Service and ~lesale District. Se- Ded by Braig. Callahan ect Manager Tom :ing spoke in support the ordinance. Braig stioned what outdoor eation entailed. Car- es said it can include a variety of things but definitively defined. ion carried 7-0. artin McNamer /NCR elopers -Creek Wood e: Proof of publication notice of hearing to seder a request from tin McNamer / NCR ~elopment to rezone erty located on Creek Drive from R-2 Two- ily Residential District -1 Single-Family Resi- tial District and Zoning isory Commission rec- ending approval. Mo- i by Cline to receive i file the documents i that the requirement t a proposed ordinance considered and voted for passage at two ' Weil meetings prior to meeting at which it is e passed be suspend- Seconded by Connors. lion carried 7-0. otion by Lynch for final sideration and passage Ordinance No. 48-07 ending Appendix A (the Wing Ordinance) of the y of Dubuque Code o1 finances by reclassify- hereinafter describec perty located alone ek Wood Drive from R- Two-Family Residentia trict to R-1 Single mily Residential District conded by Braig. Mo~ ......~,.a ~_ ~f Ordinance No. 49-07 4mending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described located at 1605 Kebbie Drive from R-1 Single- Family Residential District to R-2 Two-Family Resi- dential District. Seconded by Lynch. Donald Bycroft, 2179 Sunnyslope Drive, spoke in support of the or- dinance saying he was planning to purchase the property and build a du- plex. Motion carried 7-0. John Kivlahan - North- west Arterial: Proof of pub- lication on notice of hear- ing to consider a request from John Kivlahan to rezone property located south of the Northwest Ar- terial from C-3 General Commercial District to R-2 Two-Family Residential District and Zoning Advi- sory Commission recom- mending approval. Motion by Cline 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 Cline for final consideration and passage of Ordinance No. 50-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described located south of the North- west Arterial and west of John F. Kennedy Road from C-3 General Com- mercial District to R-2 Two-Family Residential District. Seconded by Braig. John Kivlahan, 9422 Wildflower, spoke in sup- port of the ordinance. Mo- tion carried 7-0. Thomas and Sheri Henschel - Henschel's Hidden Acres: Proof of publication on notice of hearing to consider a re- quest from Thomas and Sheri Henschel to rezone property located west of Miller Road Terminus (Lot 2 Henschel's Hidden Acres) from AG Agricultur- al District to R-1 Single- 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 foe passage at two Counci meetings prior to the meeting at which it is to be .,acewi ho snsnandett sting greenway buffer for cusiness uses and Zoning Advisory Commission rec- ommending denial. Communication from Robert Haitig, Medical As- sociates, requesting that this topic be tabled to Oc- tober 1, 2007. Motion by Michalski to receive and file the docu- ments and table until the October 1,' 2007, City Council meeting. Se- conded by Connors. Mo- tion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Sister City -Handan, Chi- na: Request of Dirk Voetberg and Dick Landis to address the City Coun- cil regarding the future of the Dubuque - Handan City Sister City relation- ship. Motion by Cline to receive and file the docu- ments and schedule a fu- ture work session. Se- conded by Connors. Dirk Voetberg, 779 University; and Dick Landis, 2390 Clarke Crest, provided in- formation saying that they will be meeting with Handan officials to discuss the future of the Sister City relationship. Buol said that the City's participation would involve a policy de- cision as funding for this program was removed from the budget in 2004. He believQd the program should be resurrected and suggested a short work session after Voetberg and Landis return from Handan and prior to the FY 2009 budget process. Michalski said there is much to be gained by the program and suggested designating a business or cultural repre- sentative. Lynch suggest- ed inviting Handan officials to Dubuque's 175th anni- versary celebration and questioned justifying using taxpayer money for travel to Handan. Voetberg said there would be economic, cultural, and educational benefits. Cline said that there is more than one mu- nicipality interested in a Sister City relationship. Connors said that since lit- tle had been done with the program in the last sir years, it would be interest- ing to resurrect it. She suggested informing the Handan officials that there is interest in the program but more discussion fie needed before making < decision. There was con- sensus among Council tc schedule a future wort session. Motion carried 7~ 0. Michael Gukeisen to cen- sus tract 8.02 - at-large Designation, and Teresa Caldwell to census tract 1 - low and moderate in- come designation. Con- nors and Jones commend- ed the CDAC for finding a solution to the change in commissioner residency. Motion carried 7-0. School Resource Officer (SRO) Agreement: City Manager recommending approval of the School Re- source Officer (SRO) agreement with Dubuque Community Schools for the 2007 - 2008 school year. Motion by Cline to receive and file the docu- ments and approve. Seconded by Braig. Mo- tion carried 7-0. Lead Paint Program: City Manager recommending that the two lead based paint inspector positions be retained as the City re- views the code enforce- ment efforts of the lead paint program. Motion by Jones to receive and file the documents and ap- prove. Seconded by Cline. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol commented on how much 'he learned at the Mayor's Summit in Sundance, Utah. He en- couraged everyone to reg- ister for the Growing Sus- tainable Communities pro- gram on September 26, 2007. PUBLIC INPUT LeeAnn Arlen, 125 W. 9th .Street, expressed her con- cern over various public transportation issues, in- cluding that the Keyline map does not contain street names, drivers are not completing routes and are skipping hospitals and medical facilities. She would like to see the City use buses with street-level entry, no steps, and with a lift that goes out to the curb and back. She also felt that more mini buses are needed as well as bus shelters for people on sun- sensitive medication. She commented that the City trolleys are not stopping where they are supposed to and going in the right di- rection. Buol said that public transit is a high pri- ority for the City Council. Michalski asked Arlen to send a copy of her com- ments to the Transit Board. CLOSED SESSION Upon motion the City Council convened in closed session p at 7:30 p.m. pending litigation and property acquisition pur- suant to Chapter 21.5(il(c)(i) 2007 Code of STATE OF IOWA DUBUQUE COUNTY {IJS~ 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: September 26, 2007, and for which the charge is $270.76. Subscribed to before this ~G~ otary Public in and for Dubuque County, Iowa. .*"a~ ., ' i'aARY K. Y~ESTER"AEYER Cammleslor Number 154885 ~~ ' My Comm. Ezo FEB. 1, 2008 me, a tary Public in and for Dubuque County, Iowa, day of , 20 iercial Park 5.91 acres zones & Seippel Rd. $650,100. Nic 1,~,~i.M~tY Gyrnmercial Park located near cor i 6MIIM Rd: coned C-5. 'Lot #7 - 1.05 ac „,,1,.~. aCle! - $210,000; Lot #10 - 1.38 ac ~'Ii - 1.116 apes $123,200. Nicole FJrlirrger, ~ IJ CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m: on September 17, 2007, m the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, 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 Coun- cil. Invocation was provided by Reverend Dr. Ronald Rankin, United Methodist Church. PROCLAMATIONS Constitution Week (Sep- tember 17 - 23, 2007) was accepted by Eileen Coursey, 2222 Central Avenue; Crop Walk Day in Dubuque (October 7, 2007) was accepted by Dorothy Krayer, 1205 Park Street. CONSENT ITEMS Motion by Michalski to receive and file the docu- ments and dispose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Report Submitted: Arts and Cul tural Affairs Advisory Com mission of 7/30; Ci Council of 8/28, 8/29 an 9/4; Civil Service Commis sion of 8/8; Historic Pres ervation Commission o 8/16; Long Range Plannin Advisory Commission o 8/15; Park and Recreatio Commission of 8/14; Zon ing Advisory Commissio of 9/5 i Proofs of publication City Council proceeding of August 20, August 2 August 28 and August 2 2007 Upon motion the doc ments were received an filed. Notice of Claims/Suit Thomas J. Becker for veh cle damage; Julian an Shirley Regan for grope damage; Qwest for pro ~_ ~..e~ t,ouncy, ~.ny o~ ~a~~ ~~.,,, que, Illinois and Jo Daviess { County, Illinois. Upon mo- tion the documents were e received, filed, and ap- proved. t Purchase of Property - I 2106 Kniest Street: City ~ Manager recommending 1 approval of the purchase i of a residential rental dwelling located at 2106 Kniest Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the docu- ments were received and filed and Resolution No. 469-07 Approving the ac- quisition of real estate lo- cated at 2106 Kniest Street in the City of Dubu- que was adopted. Consolidated Annual Per- formance and Evaluation Report (CAPER): City Man- ager recommending ap- proval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2006 through June 30, 2007, which is required by the regulations governing the Community Develop- ment Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 470-07 Authorizing the submission of a Consoli- dated Annual Performance and Evaluation Project (CAPER) for the period commencing July 1, 2006 and concluding June 30, 2007, was adopted. Enterprise Zone Recerti- fications: City Manager recommending approval to file applications with the Iowa Department of Eco- nomic Development re- questing Enterprise Zone Recertification for the City's two existing Enter- prise Zones. Upon motion the documents were re- s ceived and filed and Reso- - lution No. 471-07 Authoriz- - ing the filing of an applica- ty lion with the Iowa Depart- d ment of Economic Devel- - opment requesting Enter- prise Zone Recert~cation f of the existing Enterprise g Zone - 1 in the City of Du- f buque; and Resolution No. n 472-07 Authorizing the fil- - ing of an application with n the Iowa Department of Economic Development of requesting Enterprise Zone s Recertification of the exist- 2, ing Enterprise Zone - 2 in 9, the City of Dubuque were adopted. u- Plat of Survey -Alley d Across from Former Dubu- que Packing Plant: City s: Manager recommendin< i- approval of the plat to ac d commodate the creation o' rty a legal description for the p- alley to be sold to SB De ublicvhearing beset for Fa3 )ctober 1, 2007 to consid- Sf r the vacation and sale of tic n undeveloped alley near ne old Dubuque Meat 1f 'acking Plant to SB Devel- of ipment, LLC. Upon mo- he ion the documents were eceived and filed and M resolution No. 481-07 ty resolution of Intent to dis- D pose of Lot 378A of East Fs Dubuque No. 2 in the City tf ~f Dubuque, Iowa, was ~ adopted setting a public A searing at a meeting to 0 ;ommence at 6:30 p.m. on U Jctober 1, 2007 in the His- a [oric Federal Building. a United States Postal tt Service: City Manager rec- b ommending that a public hearing be set for October C 1, 2007 to consider appro- ti val of a lease agreement h with the United States el Postal Service for space at A the Historic Federal Build- ing. Upon motion the c documents were received and filed and Resolution No. 482-07 Resolution of Intent to dispose of inter- est in real property by lease agreement between the City of Dubuque and the United States Postal Service was adopted set- ting apublic hearing at a meeting to commence at 6:30 p.m. on October 1, 2007, in the Historic Fed- eral Building. Fiscal Year 2008 Budget Amendment: City Manager recommending that a pub- lic hearing be set for Octo- ber 1, 2007 to consider approval of the first amendment to the Fiscal Year 2008 Operating Budget. Upon motion the €. documents were received i and filed and Resolution No. 483-07 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2008 Budget for the City of Du- ~ buque was adopted set- ting a public hearing at meeting to commence at ~ 6:30 p.m. on October 1, 2007, in the Historic Fed- eral Building. BOARDS/COMMISSIONS Appointment was made to the following Commis- sion: Civic Center Com- i mission. Three 3-year ex- pired terms through June I 29, 2010 -Terms of Bakke, Brannon, Nauman. Appli- ; cant: Rod Bakke. Michal- , ski moved to appoint Rod ~ Bakke to a 3-year term , through June 29, 2010. Seconded by Lynch. Mo- tion carried 7-0. SUSPEND THE RULES Upon motion the rules were suspended allowing anyone to address the City Council. PUBLIC HEARINGS