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Proof of Publication Council Proceedings 8 18 08STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk of 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: August 27, 2008, and for which the charge is $218.88. Suzanne Pike Scbscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 17th day of August, 2008. Notary Public in and for Dubuque County, Iowa MARY WESTERMEYER Commission Number 154885 My Comm. Exp. FEB 1, 2011 patcher and Traffic Signal Technician II (as correct- ed). Upon motion the documents were received and filed and made a Mat- ter of Record. Citizen Communications: frnm tha racirlanf,, Lot Reconstruction Proj- ect: City Manager recom- mending initiation of the public bidding process for the Fire Station No. 2 Parking Lot Reconstruc- tion Project and that a public hearing be set for September 2, 2008 to con- sider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 276-08 Preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Fire Station No. 2 Parking Lot Reconstruction Project was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on September 2, 2008 in the Historic Feder- al Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Airport Commission: One 4-year term through Sep- tember 14, 2012 (Term of Czeshinski). Applicant: Susan Czeshinski, 2203 Sunnyslope Drive. Appointments to the fol- lowing Boards/ Commis- sions: Historic Preserva- tion Commission (Lang - worthy District Interim Ap- pointment): One 3-year va- cant term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch Street. Motion by Connors to appoint Pa- mela Cleek to a 3-year term on the Historic Pres- ervation Commission as an Interim Commissioner for the Langworthy District - - through July 1, 2011. Seconded by Jones. Mo- tion carried 7-0. TV Cable Community Teleprogramming Com- 1 mission: One 3-year term cii through June 30, 2011 at (Term of Hoverman). Appli- 20 cant: Sr. Carol Hoverman, al 1555 White Street. Motion by Jones to appoint Sr. C1 Carol Hoverman to a 3- a year term on the TV Cable Resnick, voetoerg, airy 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. Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation. PROCLAMATION Irish Hooley Day (August 23, 2008) was accepted by Mary Kate Knabel and Katie Michel. 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 Connors. Motion carried 7- 0. Minutes and Reports Submitted: City Council of 8/4; Civil Service Commis- sion of 7/8; Enterprise Zone Commission of 8/11; was adopted. Dubuque County Board of Supervisors: Communi- cation from the Dubuque County Board of Supervi- sors requesting that the City review the intersection Teleprogramming Com- mission through June 20, 2011. Seconded by Connors. Motion carried 7- 0. PUBLIC HEARINGS Request to Rezone - 2635 / 2635 1/2 University Avenue: Proof of publica- tion on notice of hearing to consider a request from Greg Prehm, Dubuque Property Management, to rezone property located at 2635 / 2635 1/2 University Avenue from R-1 Single- family Residential District and R-2 Two -Family Resi- dential District to PR Plan- ned Residential District and Zoning Advisory Com- mission recommending denial. Communication from Greg Prehm, Dubuque Property Management, withdrawing his request for rezoning property at 2635 / 2635 1/2 University Avenue. Motion by Voetberg to re- ceive and file the docu- ment and accept the re- quest to withdraw. Seconded by Connors. Motion carried 7-0. Upon motion the rules were suspended allowing anyone to address the City Council. U.S. Highway 52 Resur- facing - 32nd Street to the Northwest Arterial Project: Proof of publication on notice of hearing to con- sider the plans and specifi- cations, form of contract and estimated cost for the U.S. Highway 52 Resurfac- ing - 32nd Street to the Northwest Arterial Project and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 277- 08 Approving plans, speci- fications, form of contract, and estimated cost for the U.S. Highway 52 Resurfac- ing - 32nd Street to the Northwest Arterial Project. Seconded by Braig. Mo- tion carried 7-0. Green Alley Pilot Project: Proof of publication on no- tice of hearing to consider the plans and specifica- tions, form of contract and estimated cost for the Green Alley Pilot Project contract amount to the contractor was adopted. Request for Proposals - KeyLine Transit System: City Manager recommend- ing approval of the issu- ance of a Request for Pro- posals for a Comprehen- sive Operational Analysis (COA) of the KeyLine Transit System. Upon mo- tion the documents were received, filed, and ap- proved. Collective Bargaining Agreement - Teamsters Local Union No. 421 (Bus Operators): City Manager recommending approval of a three-year collective bar- gaining agreement be- tween the City and the Teamsters Local Union No. 421. > Upon motion the documents were received and filed and Resolution No. 268-08 Approving the Agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 (Bus Operators) and City Manager recom- mending that the project be abandoned at this time. Motion by Lynch to receive and file the documents and adopt Resolution No. 278-08 Rescinding Reso- lution No. 265-08 which provided preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost and or- dered the advertisement for bids for the Green Alley Pilot Project. Seconded by Jones. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Tri-State Stamp Club: Request of Ted Clemens, Tri-State Stamp Club, to address the City Council concerning the special cover which will be issued in connection with the No- vember 1, 2008 stamp show. Motion by Connors to receive and file. Seconded by Voetberg. Mayor Buol suggested Mr. Clemens contact the 175th Anniversary Committee. Motion carried 7-0. Five Flags Report: Joyce White, General Manager of the Five Flags Center for SMG, to present a report on the activity level of the Center in Fiscal Year 2008 and the prospects for Fis- cal Year 2009. Motion by Lynch to receive and file the document. Seconded by Jones. Motion carried 7-0. Settlement Agreement - Eagle Point Rock Face: City Manager recommend- ing approval of the settle- ment agreement with Roy- al Oaks Development for the Eagle Point Bluff Scal- ing and Tree Removal Project. Motion by Jones to receive and file the documents and approve. Seconded by Connors. Motion carried 7-0. Placement of Helicopter at Veterans' Memorial Pla- za: City Manager recom- mending approval of the placement of a Cobra Heli- copter at the Veterans' Memorial Plaza . at McAleece Park and Recre- ation Complex. Motion by bons: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 271-08 Granting the issu- ance of a Class "B" Beer Permit (5-Day Special Event) to Riverfest; and a Class "C" Beer Permit to Family Mart, Kwik Stop Food Mart, and Ron's Dis- count Smokes; and Reso- lution No. 272-08 Granting the issuance of a Class "C" Beer/Liquor License to Fat Tuesday's, Courtside Sports Bar, Chances R, and Star Restaurant; Spe- cial Class "C" (BW) Liquor License (5-Day Special Event) to Four Mounds Foundation; and a Class "B" Wine Permit to Star Restaurant were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to re- ceive and file the docu- Lynch to receive and file the documents and adopt Resolution No. 279-08 Ap- proving the placement of a. helicopter at Veterans' Me- morial Plaza at the McAleece Park and Recre- ation Complex. Seconded by Jones. Motion carried 7-0. Amendments to Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans: City Manager recommend- ing approval of an amend- ment to the Fiscal Year 2008 and Fiscal Year 2009 Annual Action Plans for the City's Community Devel- opment Block Grant (CDBG) program. Motion by Connors to receive and file the documents and adopt Resolution No. 280- 08 Approving Fiscal Year 2008 Annual Action Plan Amendment #4 and Fiscal Year 2009 Annual Action Plan Amendment #2 for Community Development Block Grant Funds. Seconded by Jones. De- veloper John Gronen stat- ed that he has worked with the Economic Develop- ment Department for a facade grant and that the relocated building would provide retail and apart- ment space. Motion car- ried 7-0. Downtown Parking Needs Assessment Study: City Manager submitting the final report on the Downtown Parking Needs Assessment Study and recommending a course of action. Motion by Connors to receive and file the documents and concur. Seconded by Jones. City Council questioned the cost of new parking facili- ties versus the gain in space and the concepts of overselling and un- reserving. Parking System Supervisor. Tim Horsfield stated that this would keep the project moving, and a plan would be brought back to the City Manager. Motion carried 7-0. Bee Branch Creek Resto- ration Project: City Manag- er recommending approval to negotiate a contract with Strand Associates, Inc. to provide engineering and design services for the Bee Branch Creek Resto- ration Project. Motion by Connors to receive and file the documents and ap- prove. Seconded by Braig. Motion carried 7-0. Dubuque Industrial Cen- ter West - North Siegert Farm Grading Project: City Manager recommending award of the contract for the Dubuque Industrial Center West - North Siegert Farm Grading Proj- ect to Frattalone Compa- nies, Inc. in the amount of $3,522,871.19. Motion by Connors•to receive and file the documents and adopt Resolution No. 281-08 Awarding public improve- ment contract for the Du- buque Industrial Center West - North Siegert Farm Grading Project. Seconded by Lynch. Mo- tion carried 7-0. Advisory Committee on Rules of Civil Procedure: City Manager advising that City Attorney Barry Lindahl has been appointed to the Advisory Committee on Rules of Civil Procedure by the Supreme Court of Io- wa, for a three-year term ending September 30, 2011.. Motion by Connors to receive and file the document. Seconded • by Braig. City Council con- gratulated Lindahl on his appointment. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Connors reported on the Bike Rodeo and give-away sponsored by the Down- town Neighborhood Coun- cil in Jackson Park on Au:.: gust 16. She commented on the need for restrooms at the park. Voetberg reported on the unveiling of the bike rack and noted that the City should look at using the design in other areas. Buol mentioned a possi- ble "Art on the Street" pro- gram for after having re- ceived citizen comments regarding the need for bike racks around the city. CLOSED SESSION Motion by Jones to go in- to closed session at 8:00 p.m. regarding pending liti- gation and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) of the 2007 Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion at 8:11 p.m., City Council reconvened in open stating they had give staff proper direction. There being no further , business, upon motion the. City Council adjourned at 8:12 p.m. /s/Jeanne F. Schneider, CMC, City Clerk it 8/27 IOWA {SS: COUNTY 2TIFICATION 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: August 27, 2008, and for which the charge is $218.88. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this e-Pief day of 204E Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Fxp. 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 August 18, 2008 in the Historic Feder- al Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the cat 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. Invocation was provided by Sr. Jennifer Rausch, Sisters of the Presentation. PROCLAMATION Irish Hooley Day (August 23, 2008) was accepted by Mary Kate Knabel and Katie Michel. 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 Connors. Motion carried 7- 0. Minutes and Reports Submitted: City Council of 8/4; Civil Service Commis- sion of 7/8; Enterprise Zone Commission of 8/11; Environmental Steward- ship Advisory Commission of 8/5; Historic Preserva- tion Commission of 7/17; Human Rights Commis- sion of 7/14 Proof of publication of City Council Proceedings of July 21, 2008 and List of Claims and Summary of Revenues for Month Ended June 30, 2008 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Jay McDonald for vehicle damage; Rosamond K. Lytle for personal injury; Megan Hefel for vehicle damage. Upon motion the documents were received and filed and referred 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: Megan Hefel for vehicle damage; Jay McDonald for property damage; Rosamond K. Lytle for personal injury/property damage. Upon motion the docu- ments were received and filed and concurred. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the posi- tions of Public Safety Dis- patcher and Traffic Signal Technician 11 (as correct- ed). Upon motion the documents were received and filed and made a Mat- ter of Record. Citizen Communications: Petition from the residents of Heeb Street requesting a review of the City ordi- nance requiring anyone parking on City streets to park with the direction of the flow of traffic. Communication from Matt, Melanie and Isaiah Schlimm requesting the in- stallation of stop signs at the intersection of Sunny - view Drive and Saint Ambrose Street. Upon motion the docu- ments were received and filed and referred to the City Manager. Sutton Pool Parking Lot Resurfacing Project: City Manager recommending acceptance of the Sutton Pool Parking Lot Resurfac- ing Project improvements and payment of the con- tract amount of $31,493.95 to River City Paving. Upon motion the documents were received and filed and Resolution No. 266-08 Accepting the Sutton Pool Parking Lot Resurfacing Project and authorizing payment of the contract amount to the contractor was adopted. Request for Water Main Extension: Communication from Thomas L. Henschel, 995 June Drive, requesting that the City extend the water main to Miller Road. Upon motion the docu- ment was received and filed. Miller Road - Request for Water Main Extension: City Manager advising that wa- ter main will be extended to properties in the first section of Miller Road in response to a request from Kathy Bitter. Upon motion the documents were re- ceived and filed. Farley and High Bluff Street Storm Sewer Proj- ect: City Manager recom- mending acceptance of the Farley and High Bluff Street Storm Sewer Proj- ect and payment of the contract amount of $27,580.00 to Drew Cook & Sons Excavating, Inc. Upon motion the docu- ments were received and filed and Resolution No. 267-08 Accepting the Far- ley and High Bluff Street Storm Sewer Project and authorizing payment of the contract amount to the contractor was adopted. Request for Proposals - KeyLine Transit System: City Manager recommend- ing approval of the issu- ance .of a Request for Pro- posals for a Comprehen- sive Operational Analysis (COA) of the KeyLine Transit System. Upon mo- tion the documents were received, filed, and ap- proved. Collective Bargaining Agreement - Teamsters Local Union No. 421 (Bus Operators): City Manager recommending approval of a three-year collective bar- gaining agreement be- tween the City and the Teamsters Local Union No. 421. Upon motion the documents were received and filed and Resolution No. 268-08 Approving the Agreement between the City of Dubuque, Iowa and the Teamsters Local Union No. 421 (Bus Operators) and authorizing the Mayor to sign the Agreement was adopted. PEG Capital Grant Ex- penditure Request: City Manager recommending approval of two requests for funding from the Capi- tal Grant for Access Equip- ment and Facilities. Upon motion the documents were received, filed, and approved. Acceptance of Deed - Purchase of 6900 Pennsyl- vania Avenue: City Manag- er recommending accept- ance of the deed from Elaine M. White for proper- ty located at 6900 Penn- sylvania Avenue. Upon motion the documents were received and filed and Resolution No. 269-08 Accepting the deed to cer- tain real estate in Dubuque County, Iowa from Elaine M. White was adopted. Plat of Survey - Westbrook Subdivision: Zoning Advisory Commis- sion recommending appro- val of the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Sub- division. Upon motion the documents were received and filed and Resolution No. 270-08 Approving the Plat of Survey of Lot 1-6 and Lot 2-6 of Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa; was adopted. Dubuque County Board of Supervisors: Communi- cation from the Dubuque County Board of Supervi- sors requesting that the City review the intersection of Old Highway Road and Seippel Road regarding movement of truck traffic. Upon motion the docu- ment was received and filed and referred to the City Manager. Couler Valley Drainage Area: City Manager sub- . mitting a response to Du- buque County Supervisor Donna Smith regarding the moving of dirt from the 32nd Street Detention Ba- sin to a location north of Flexsteel Industries within the Couler Valley Drainage area. Upon motion the documents, were received and filed. International Economic Development Council (IEDC) Award: City Manag- er advising that the City of Dubuque has been select- ed for an Honorable Men- tion Award in the Public - Private Partnerships (pop- ulation 50,000-200,000) by the International Economic Development Council for the America's River Proj- ect. Upon motion the documents was received and filed. 2008 Comprehensive Plan: City Manager trans- mitting the Citizens Guide to the 2008 Comprehen- sive Plan and 2030 Future Land Use Map. Upon mo- tion the documents were received and filed. Settlement Agreement and General Release - Aer- ial Services, Inc.: City Manager recommending acceptance of a $52,884 payment from Aerial Serv- ices, Inc. and approval of the Settlement Agreement related to the 2007 Orthophotography and Mapping Project. Upon motion the documents were received, filed, and approved. University of Dubuque Fireworks Display: Corn- munication from Steve Kelley, University of Dubu- que, requesting permission to display fireworks on September 6, 2008 at the new Chlapaty Sports Complex and to close Grace Street from McCor- mick Street to Algona Street. Upon motion the document was received, filed, and approved. Liquor License Applica tions: City Manager rec- ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and filed and Resolution No. 271-08 Granting the issu- ance of a Class "B" Beer Permit (5-Day Special Event) to Riverfest; and a Class "C" Beer Permit to Family Mart, Kwik Stop Food Mart, and Ron's Dis- count Smokes; and Reso- lution No. 272-08 Granting the issuance of a Class "C" Beer/Liquor License to Fat Tuesday's, Courtside. Sports Bar, Chances R, and Star Restaurant; Spe- cial Class "C" (BW) Liquor License (5-Day Special Event) to Four Mounds Foundation; and a Class "B" Wine Permit to Star Restaurant were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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. Quince Street Utility Proj- ect: City Manager recom- mending initiation of the public bidding process for the Quince Street Utility Project and that a public hearing be set for Septem- ber 2, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 273-08 Preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Quince Street Utility Proj- ect; Resolution No. 274-08 Approving the plat, sched- ule of assessments and estimate of total cost and setting date of public hear- ing on Resolution of Ne- cessity; and Resolution No. 275-08 Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 2, 2008 in the Historic Feder- al Building. Fire Station No. 2 Parking Lot Reconstruction Proj-, ect: City Manager recom- mending initiation of the public bidding process for ' the Fire Station No. 2 1 Parking Lot Reconstruc- tion Project and that a public hearing be set for September 2, 2008 to con- sider approval of the plans and specifications, form of / 1 contract and estimated , cost. Upon motion the documents were received and filed and Resolution No. 276-08 Preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Fire Station No. 2 Parking Lot Reconstruction Project was adopted setting a ' public hearing for a meet- ing to commence at 6:30 p.m. on September 2, 2008 in the Historic Feder- al Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Airport Commission: One 4-year term through Sep- tember 14, 2012 (Term of Czeshinski). Applicant: Susan Czeshinski, 2203 Sunnyslope Drive. Appointments to the fol- lowing Boards/ Commis- sions: Historic Preserva- tion Commission (Lang - worthy District Interim Ap- pointment): One 3-year va- cant term through July 1, 2011 (Term of Wainwright). Applicant: Pamela Cleek, 285 Burch Street. Motion by Connors to appoint Pa- mela Cleek to a 3-year term on the Historic Pres- ervation Commission as an Interim Commissioner for the Langworthy District through July 1, 2011. Seconded by Jones. Mo- tion carried 7-0. TV Cable Community Teleprogramming Com- .. mission: One 3-year term through June 30, 2011 (Term of Hoverman). Appli- cant: Sr. Carol Hoverman, 1 1555 White Street. Motion by Jones to appoint Sr. Carol Hoverman to a 3- year term on the TV Cable a , receive and file dential Distreceive and adopt ned Resior No. 281-08 and Zoning)ublic improve - mission act for the Du - denial. iustrial Center Common Siegert Farm Greg Prel g Project. Property by Lynch. Mo- withdrawinc 7-0 2rezoning prr Committee on 1/2 Uni;ivil Procedure: Motion by ier advising that ceivet and ,y Barry Lindahl quest andt,ppointed to the Seconded Committee on Motion carrvil Procedure by p ne Court of lo- we a suspe three-year term 30, anyone to con n by Connors Council. and file the U.S. Higl Seconded by facing - st' Council con - Northwest Lindahl on his Proof of it. Motion car - notice of I sider the pIIL MEMBER cations, fdPORTS and estim�re ported on the U.S. Highv� nd give-away North estrr by the Down - and City /borhood Coun- mending on Park on Au: by Connor'he commented file the jd for restrooms adopt Res reported on the, 08 Approv f the bike rack find ess, that the City and estim k at using the U.S. High'ther areas. inNorth estntioened a possi- Seconded the Street" pro- tion Carrie fter having re - Green Alrzen comments Proof of pPe need for bike tice of he o- d the city. the plans-D SESSION lions, formJones to go in- estimatedGreenAIIJing sessionpendinglat 8:iti00 - STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communicatic corporation, publisher of the Telegraph Herald,a newspaper o- published in the City of Dubuque, County of Dubuque and St: certify that the attached notice was published in said newspap dates: August 27, 2008, and for which the charge is $218.88. Subscribed to before me, a Notary Public in and for Dubuque �� this fday of , 20'f . Notary Public in and for Dubuq MARY K. WESTE Commission Numb My C:nmm Fzp. FED