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Proof of Publication City Council Proceedings 4 6 09lions, form of and voted on for pass and estimated at two Council meeti the Eagle Point prior to the meeting' ')ant West Clear which it is to be passes' ~ervoir Rehabilita- suspended. Seconded) se II Project and Braig. Motion carried 7t ager recommend- Motion by Connors fd' oval. Motion by nal consideration to receive and file adoption of Ordinance' ments and adopt 18-09 Amending the r ~n No. 116-09 Ap- of Dubuque Code of C' plans, speclfica- m of contract, and nances by repealing CI. ter 27 Human Rights j cost for the Ea- Adopting a new Cha~ Water Plant West 27 Human Rights in / II Reservoir Reha- thereof. Seconded 1 Phase II (Pipe Braig. Motion carried 7f Project. COUNCIL MEMBEd d by Braig. Mo- REPORTS ed 7-0. Voetberg reported ort apartment of Eco- attendance at the Nati~ ~velopment: Proof League of Cities Cor ation on notice bf ence stating that m: to consider a high-level federal govt Infrastructure As- ment officials were asl Program (PIAP) cities to use innovaf le Loan Contract partnerships, Iowa Department sustainability in orded rmic Development receive available fed f of Dubuque Ini- funds. Voetberg ad rnd City Manager that Dubuque was usei ending approval. an example for tai y Jones to receive sustainability serior~ the documents and he was told by ~t Resolution No. Amtrak representative approving a Physi- rail service efforts shr astructure Asses- be concentrated in gram (PIAP) con- Moines. Voetberg also I Promissory Note ported that the delega Iowa Department from Dubuque's Sister ~mic Development of Handan, China, is purchase of the tempting to re-organiz Building. ~ trip to Dubuque in J d by Voetberg. 2009. questioned if Lynch reported that s a conflict of in- received a memo sta ice three Council that a new mayor are on the Dubu- iti ti B d been appointed ' i a ves oar . Dubuque s Sister City stated that since :ounce) Memk an, China,_ and s no direct bet CITY OF DUBUQUE, it membership IOWA rd, there was CITY COUNCIL >f interest. M PROCEEDINGS _0 The Dubuque City Coun- motion the r cil met in regular session !instated lim at 6:30 p.m. on April 6, m to the 2009 in the Historic Feder- al Building. TION ITEMS Present: Mayor Buol, t Building Council Members Braig, nt Project: I Connors, Jones, Lynch, recommenc Resnick, Voetberg, City of the Kepl Manager Van Milligan, City Improverr Attorney Lindahl to Klauer C Mayor Buol read the call in the amoun and stated this is a regular Motion session of the City Council ~ receive and to act upon such business rments and ad that may properly come m No. 118 before the City Council. I public imprc Pledge of Allegiance ontract for Invocation was provided Building Imprc by Ken Daughters, Presi- roject. Secon dent of Emmaus Bible Col- i. Motion cart legs. PROCLAMATIONS st for Proposa Week of the Young Child )stet Review: i (April 19-25, 2009) was ac- submitting the cepted by Ann Willenbring, sr Meter Rev Association of the Educa- ting Phase II lion of Young Children, ompleted by h 4300 Asbury Road. ing and ~ Library Week (April 12- ,. to ~nno~ ..,~~ ~,...~.....a ~.. Lukehart Professions Service Award for Out trustees or 1/ZZ; nnecne cal Board of 3/18 standing Contribution t<(OP- h Ad f Proofs of publication City Council Proceedii t e vancement o Cit• Management in Iowa. Mo'Is of March 2, March lion by Lynch to receivesion March 9, March 16, and file the documentssap- March 23, .2009; Govs Seconded by Jones:k of ing Board of the Munici Council Member Lynch ac-out- dtat- k l d d th Housing Agency of Ma 2009; and List of Clai 9 STA 1 E OF IOWA {SS: now e ge e awar and Council Members~stly , and Summary of Reveni F congratulated Van Milli:mo- and gen Motion carried 7-0 for the Month Ended ruary 28, 2009 DUBUQUE COUNTY . . Indiana Subdivision: Re-that Upon motion the do moved from the agend~eri- ment5 were received i prior to the meeting.' 's. It feral Ff2ft7(nUnit~,uglt~ ad~~&~ a filed. a otic w f C ` i o , notice of hearing to con- I Co cr i o Peoples mpany of Iowa for the CERTIFICATION OF PUBLICATION seder a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque In- dustrial C t I Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. en er, ocated on lec~ionof PeoplesCompa- Chavenelle Road and the ny of Iowa as the Profes- I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa Northwest Arterial, to sional Appraisal services (~~~1-potation, publisher of the Telegraph Herald,a newspaper of general circulation change the designation of Consultant to provide real property from open space estate property review ap- published 111 the Clty Of Dubuque, County of Dubuque and State of Iowa; hereby to commercial and Zoning praisals for the acquisition ommendingoapp oval, wan development of tthe Southe ,certify that the attached notice was published in said newspaper on the following conditions. west Arterial Project..dates: April 14, 2009, and for which the charge is $259.78. Motion by Jones to re- Seconded b Jones M ~ move from the table. Seconded by Voetberg. Motion carried 7-0 lion carried 7 0. o State Revolving Fund . Motion by Jones to table (SRF) Loan Application::' City Manager recommend- I'' a proposed ordinance amending Appendix A (the Z i ing submittal of an apple- 'ii cation to the Iowa EPA r~; on ng Ordinance) of the City of Dubuque Code of State Revolving Fund (SRF) fora 'Green" Project Ordinances by adopting a revised Planned Unit D , low-interest loah for the e- velopment Ordinance for Water Meter Efficiency Re- placement Program Mo- th~ Dubuque Industrial Center Phases I and II lo- . lion by Connors to receive and file th '' sated at the southwest e documents . and approve the recom- ~° corner of Highway 32 ;Northwest Arterial) and mendation. Seconded by ~. Braig. Motion carried 7-0 ~havenelle Road and by -epealing Ordinance 22-07 . Communit Oriented Po I S y ~' icing ervices (cot=s) wr ~,;;°Subscribed to before me, a Notaly Public in and for Dubuque County Iowa o July 7, 2009. Seconded ing Recovery Program , , ~ V b y oet erg. Motion car- ied 7-0. J D C Crty Manager recommend- ~t111S _~__'_` da ing submittal of a Com- • y . . ommunications, nc. Lease: Proof of publi- ration on notic f h ot munity Oriented Policing >ur Services (COPS) Hirin g e o earing Recovery Program Gran t nO o consider a five-year =.ase with J.D. Commune- for the purpose of obtain- 04, ing three-year funding for r43 ations, Inc. (Julien's Jour- al) for space in the Histor- four police officer pose- ul lions. Motion by Jones to Federal Building and ;ity Manager recommend- receive and file the docu- ments and approve the ~~' rg approval. Motion by ynch to receive and file ie documents and ad t recommendation . ~ Seconded by Voetberg. oar ~ ' op esolution No. 115-09 Ap- roving the disposal of an Motion carried 7-0. : City of Dubuque Code of oe Ordinances -Chapter 27: g' terest in real property tuned by the City of Du- City Manager recommend- ol'i in ~que by lease between g approval of modifica- tuF lions to Chapter 27 of the e City of Dubuque, Iowa, id JD Communications Dubuque Code of Ordi- n°~ , c. Seconded by nances so that it remains consistent with the recent X104 >etberg. Motion carried federal changes to the (q ~ ogle Point Water Plant .t Clear Well Reservoir abilitation Phase II ect: Proof of publica- on notice of hearing to cider the plans and Americans with Disabilities 'us; Act and the Equal Pay Act. I Motion by Connors to re- °C ceive and file the docu- 'nS ments and that the re- iol quirement that a proposed (q ordinance be cnnsfriAroN -ue of , 20 D 9' . v Notary Public ill and for Dubuque County, Iowa. a'^~, MAP.Y K. WESTERMEYER Commission Number 154885 ', r My Comm. Exp. FEB. 1, 2011 owe finne fnrm of 1 anti vntari nn fnr pass and estimated at two °Council meett the Eagle Point prior to the meeting,' ')ant West Clear which it is to be passed (ervoir Rehabilita- suspended. Seconded) se II Project and Braig. Motion carried 7 ager recommend- Motion by Connors for oval. Motion by nal consideration to receive and file adoption. of Ordinance' ments and adopt 18-09 Amending the r in No. 116-09 Ap- of Dubuque Code of 0 plans, specifica- nances by repealing Cl. m of contract, and ter 27 Human Rights J cost for the Ea- Adopting a new Cha- Water Plant West 27 Human Rights in ill Reservoir Reha- thereof. Seconded I Phase II (Pipe Braig. Motion carried 711 Project. COUNCIL MEMBE d by Braig. Mo- REPORTS ed 7-0. Voetberg reported or apartment of Eco- attendance at the Nati, 3velopment: Proof League of Cities Cor ation on notice of ence• stating that mr to consider a high-level federal gov Infrastructure As- ment officials were asl Program (PIAP) cities to use innoval le Loan Contract partnerships, Iowa Department sustainability in order >mic Development receive available fed f of Dubuque Ini- funds. Voetberg ad >nd City Manager that Dubuque was use( ;riding approval. an example for ta', y Jones to receive sustainability . serio; the documents and he was told by 0t Resolution No. Amtrak representative approving a Physi- rail service efforts sh( 3structure Assis- be concentrated in gram (PIAP) con- Moines. Voetberg also I Promissory Note ported that the delega Iowa Department from Dubuque's Sister >mic Development of Handan, China, is purchase of the tempting to re-organiz Building. trip to Dubuque in J d by Voetberg. 2009. • questioned if Lynch reported that .s a conflict of in- received a memo sta ice three Council that a new mayor a are on the Dubu- been appointed iitiatives Board. Dubuque's Sister City stated that sinner Handan, China, and s ,ouncil Menu CITY OF DUBUQUE, no direct bar IOWA ir membership' CITY COUNCIL ,rd, there was PROCEEDINGS )f interest. Mo The Dubuque City Coun- pO... j... . v.. _�� CI�, met in raniinr aaasinn uol;eaod -use pus 'Ioealuo jo w.ioj 18 lesle.ld 'suoileolp0eds 'sueld to !en loealuoo -oxide kieulwllaad 60-b1; aweea6y •oN uollnlosea pus pall] olssejoad .pue penleoea eaeM s;uew of;ezuoyl -noop e41 uollow uodn Due lual '600Z 'Oe lUdy aoj ;as leslsaddy eq 6uueey ollgnd a ley; uolleaod pue ;oaload uor onalsuoo ie leslead -ea e6pug eue- eslnol adde 6u1 ay; aoj sseooad 6u!p usj /p3 -pp olignd egl;o uo!elllul dy uoi 6ulpuewwooea aa6suaj luelins A110 :;0eload uol;ona;suoo nylnos -ey e6pug eueij espial O UOI;Oihj `'O-L pauaeo uolloihj is •enoad •61aig <(q pepuooeg Mal oop eq; Aq paquosaad se eoi;ou saouuo0 ysljgnd o; >jaal0 A110 NI wea6oad loealp pue 'pa;eolpul se 6u1 aale\ -aeey olignd.eq; ;es 'suoll ads pue-nlosea ay; ;dope 's;uew u! Isls -noop ay; ellj pus eAeo lesodoad -ea o; siouuo0 /q uolloW aouenssl ON8:1113H 011afld 6ulpuew HOd 13S 38 Ol W31I uosdwls •paldope exam pen IA.I Hfll 17 110n, 7AIJ C IIn,J nun 111,1A1 Trustees of 1/22; Meche cal Board of 3/18 Proofs of publication City Council Proceed! of March 2, March March 9, March 16, t March 23, •2009; Gove ing Board of the Munici Housing Agency of Ma 9, 2009; and List of.Cla and Summary of Reveni for the Month Ended F ruary 28, 2009 Upon motion the do ments were received filed. Notice of Claims/St notice of hearing to con- Company of Iowa forpethe sider a request from the Southwest Arterial Project. City of Dubuque/ Dubuque Motion by Lynch to receive Initiatives to amend the and file the documents Planned Unit Development and adopt Resolution No. (PUD) for the Dubuque In- 120-09 Approving the se- dustrial Center, located on lection of Peoples Compa- Chavenelle Road and the ny of Iowa as the Profes- Northwest Arterial, to sional Appraisal Services change the designation of Consultant to provide real property from open space estate property review ap- to commercial and Zoning praisals for the acquisition Advisory Commission rec- of the right-of-way for the ommending approval, with development of the South - conditions. west Arterial Project. Motion by Jones- to re- Seconded by Jones. Mo- move from the table. tion carried 7-0. Seconded by Voetberg. State Revolving Fund Motion carried 7-0. (SRF) Loan Application: Motion by Jones to table City. Manager recommend - a proposed ordinance ing submittal of an appli- amending Appendix A (the cation to the Iowa EPA Zoning Ordinance) of the State Revolving Fund City of Dubuque Code of (SRF) for a "Green" Project Ordinances by adopting a low -interest loan for the revised Planned Unit De- Water Meter Efficiency Re- velopment Ordinance for placement Program. Mo- the Dubuque Industrial tion by Connors to receive Center Phases I and it lo- and file the documents cated at the southwest and approve the recom- corner of Highway 32 mendation. Seconded by (Northwest Arterial) • and Braig. Motion carried 7-0. Chavenelle Road and by Community Oriented Po - repealing Ordinance 22-07 )icing Services (COPS) Hir- to July 7, 2009. Seconded ing Recovery Program: _ by Voetberg. Motion car- City Manager recommend- ried 7-0. ing submittal of a Com- .O J.D. Communications, munity Oriented Policing >u Inc. Lease: Proof of publi- Services (COPS) Hiring n, cation on notice of hearing Recovery Program Grant to consider a five-year for the purpose of obtain- Ot lease with J.D. Communi- ing three-year funding for y' cations, Inc. (Julien's Jour- four police officer posi- ' nal) for space in the Histor- tions. Motion by Jones to jc Federal Building and receive and file the docu- City Manager recommend- ments and approve the ing Lynchtoval. eceiveotion and filey Seconded: Se onded by recommendation. Voetberg. the documents and adopt Motion carried 7-0. Resolution No. 115-09 Ap- City of Dubuque Code of proving the disposal of an Ordinances - Chapter 27: interest in real property City Manager recommend - owned by the City of Du- ing approval of modifica- buque by lease between tions to Chapter 27 of the the City of Dubuque, Iowa, Dubuque Code of Ordi- and JD Communications, nances so that it remains Inc. Seconded by consistent with the recent Voetberg. Motion carried federal changes to the 7-0. Americans with Disabilities Eagle Point Water Plant Act and the Equal Pay Act. West Clear Well Reservoir Motion by Connors to re- Re.habijitation Phase 11 ceive and file the docu- Project: Proof of publica- ments and that the re- tion on notice of hearing to quirement that a proposed consider the plans and ordinanr•.a ha been awarded the Joi ' Lukehart Professions Service Award for Out standing Contribution t<(Op- the Advancement of Cit> Management in Iowa. Mo}IS tion by Lynch to receivesion and file the documentssap- Seconded by Jones:k of Council Member Lynch ac-out- knowledged the award3tat- and Council Membersastly congratulated Van Milli=mo- gen. Motion carried 7-0. and Indiana Subdivision: Re-tht moved from the agendaDeri- prior to the meeting.' 's. It rIvoiurito.PAMar, orieraio Ijl iu OF 0 Of IJ of n• 310 •u• o; -n Ioj 4q us STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION 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: April 14, 2009, and for which the charge is $259.78. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /4` day of ,20 D7. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. 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 April 6, 2009 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 call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Ken Daughters, Presi- dent of Emmaus Bible Col- lege. PROCLAMATIONS Week of the Young Child (April 19-25, 2009) was ac- cepted by Ann Wiilenbring, Association of the Educa- tion of Young Children, 4300 Asbury Road. Library Week (April 12- 18, 2009) was accepted by Library Director Susan Henricks and Library staff. CONSENT ITEMS Motion by Lynch to re- • ceive and file the docu- ments, adopt the resolu- tions and dispose of as in- dicated with #21 Indiana Subdivision having been removed from the agenda. Seconded by Connors. Lynch requested #20 Joe Lukehart Professional Services Award be held for separate discussion. Braig requested #24 Liquor Li- cense Transfer be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 2/24; City Council of 3/16 and 3/23; Housing Commission of 1/27; Library Board of Trustees of 1/22; Mechani- cal Board of 3/18 • Proofs of publication for City Council Proceedings of March 2, March 3, March 9, March 16, and March 23, 2009; Govern- ing Board of the Municipal Housing Agency of March 9, 2009; and List of Claims and Summary of Revenues for the Month Ended Feb- ruary 28, 2009 Upon motion the docu- ments were received and filed. Notice of Claims/Suits: Charles F. Carr for vehicle damage; Chase Home Fi- nance, LLC vs. City of Du- buque, et al; Deutsche Bank National Trust Com- pany vs. City of Dubuque, et al; Mildred G. Finzel for vehicle damage; Tracey Hillery for vehicle damage; Tim Nemmers for property damage; Jessica M. Schick for vehicle damage; David J. Schmitt for prop- erty damage; Jon and Di- ane Trotter for property damage; Superior Welding Supply Co. for property damage; Mary L. VanNatta for vehicle damage; Wells Fargo National Association vs. City of Dubuque, et al; Tony and Michelle Zurcher for property damage; Iowa Code Chapter 573 Notice of Claim, Public Improve- ment Claim, filed by Attor- ney Denis Y. Reed on be- half of Iowa Reinforcing Steel, LLC, for services provided at the Port of Du- buque Public Parking Fa- cility; Iowa Code Chapter 573 Notice of Claim, Pub- lic Improvement Claim, filed by Attorney Douglas J. Reed on behalf of Iowa Reinforcing Steel, LLC, for services provided at the Port of Dubuque Public' Parking Facility Upon motion the docu- ments 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: Mildred G. Finzel for vehicle damage; Sara Gilles for personal in- jury; Tracey Hillery for ve- hicle damage; Tim Nemmers for property damage; Jessica M. Schick for vehicle damage; David J. Schmitt for prop- erty damage; April Shoars for personal injury; Diane Trotter for property dam- age; Mary L. VanNatta for vehicle damage; Tony and Michelle Zurcher for prop- erty damage. City Attorney recommen- ding denial of claims by Kathleen M. Kane for property damage and Su- perior Welding Supply Co. for property damage. City Attorney recommen- ding approval of a claim by Charles F. Carr for vehicle damage. Upon motion the docu- ments were received and filed and concurred. Locust Street Connector and Central Avenue Traffic Control: City Manager rec- ommending acceptance of the construction contract for the Locust Street and Central Avenue Traffic Control Camera and Fiber Optic Improvement Project as completed by Price In- dustrial Electric in the amount of $404,821.40. Upon motion the docu- ments were received and filed and Resolution No. 109-09 Accepting the Lo- cust Street Connector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Proj- ect (Iowa DOT Project No. STP-A-946=0(1)-86-31 and authorizing payment of the contract amount to the contractor was adopted. Community Development Block Grant (CDBG) Ac- cess Ramp: City Manager recommending accept- ance of the construction contract for the 2007 Community Development Block Grant (CDBG) Ac- cess Ramp Project as completed by Skyline Storage & Trucking in the final amount of $42,316.57. Upon motion the documents were re- ceived and filed and Reso- lution No. 110-09 Accept- ing the 2007 CDBG Ac- cess Ramp Project and authorizing the payment of the contract amount to the contractor was adopted. Collective Bargaining: City Manager recommend- ing approval of an amend- ment to the Collective Bar- gaining agreement be- tween the City of Dubuque and Teamsters Local #120. for Airport Maintenance - workers and Airport Me- chanic. Upon motion the documents were received, filed, and approved. Justice Assistance Grant (JAG): City Manager rec- ommending acceptance of the 2009 Edward Byrne Memorial Justice Assis- tance Grant (JAG). Upon motion the documents were received, filed, and approved. Request for Proposals - Towing Contract Renewal: City Manager recommend- ing the issuance of a Re- quest for Proposals for the City Towing Contract for Fiscal Years 2010 - 2012. Upon motion the docu- ments were received, filed, and approved. Signed Contracts: Black Hills Energy for water me- ter reading services; Apex Management Group for actuary services; and IIW Engineers for design serv- ices. Upon motion the documents were received, filed, and approved. Chavenelle Road: City Manager recommending approval of an agreement between Giese Properties, LLC, and the City of Dubu- que to modify site access points to the Giese Manu- facturing site in the Dubu- que Industrial Center West. Upon motion the documents were received, filed, and approved. Moving. Forward with GIS: City Manager recom- mending acceptance of a proposal from Environ- mental Systems Research Institute (ESRI), execution of an agreement to create an Enterprise System for Geographic Information System (GIS), and pur- chase of a ArcGIS Server to Support the GIS Sys- tem. Upon motion the documents were received, filed, and approved. Request for Proposals - ' Roosevelt Park Redevel- opment: City Manager rec- ommending approval of the issuance of a Request for Proposals for the pro- fessional design services for Formation of a Basic Master Plan for Redevel- opment of Roosevelt Park. Upon motion the docu- ments were received, filed, and approved. Request for Proposals - Professional Services for Wetlands Monitoring: City Manager recommending approval of the issuance of a Request of Proposals for the Professional Wetlands Monitoring Services at the Dubuque Industrial Center West. Upon motion the documents were received, filed, and approved. Mutual Aid and Assis- tance (IOWARN): City Manager recommending approval of a Mutual Aid and Assistance agreement for the Iowa Water/Waste- water Response Network (IOWARN) to support wa- ter and waste water utilit- ies during times of emer- gencies. Upon motion the documents were received and filed and Resolution No. 111-09 Approving Mu- tual Aid and Assistance Agreement between the City of Dubuque and the Iowa Water/Wastewater Agency Response Net- work (IOWARN) was adopted. Legislative Correspond- ence: City Manager sub- mitting correspondence to State Legislators thanking them for supporting the Fiscal Year 2009 Federal Omnibus Bit; urging oppo- sition to Senate File 226, and the Annexation Bill - House File 160. Upon mo- tion the documents were received and filed. Dubuque Golf and Coun- try Club: Communication from Richard Bugalski, General Manager of the Dubuque Golf and Country Club, requesting permis- sion to display fireworks on Country Club property, Saturday, July 4, 2009. Upon motion the docu- ment was received, filed, and approved. Mediacom: Communica- tions from Lee Grassley, Senior Manager, Govern- ment Relations for Mediacom, advising the City of rate increases in basic and premium pack- ages. Upon motion the documents were received and filed. U.S. Department of Hous- ing and Urban Develop- ment: Communication from Shaun Donovan, U.S. Department of Urban De- velopment, advising the City of an allocation of funds from the American Recovery and Reinvest- ment Act of 2009 for se- lected City housing pro- grams. Upon motion the document was received and filed. City Development Board: Communication from Steven R. McCann, City Development Board Ad- ministrator, advising the City that the documents completing the Westside annexation have been re- corded with the Secretary of State and the Dubuque County' Recorder. Upon motion the documents were received and filed. Civil Service Commis- sion: Correspondence from Otto Krueger submit- ting his resignation from the Civil Service Commis- sion effective immediately. Upon motion the docu- ment was received and filed, and the resignation accepted. Joe Lukehart Professio- nal Services Award: Com- munication from the Iowa City/County Management Association advising the City that City Manager Michael Van Milligen has been awarded the Joe Lukehart Professional Service Award for Out- standing Contribution to the Advancement of City Management in Iowa. Mo- tion by Lynch to receive and file the documents. Seconded by Jones. Council Member Lynch ac- knowledged the award and Council Members congratulated Van Milli- gen. Motion carried 7-0. Indiana Subdivision: Re- moved from the agenda prior to the meeting.' Community Disaster Grant: City Manager rec- ommending the submis- sion of an application for Community Disaster Grant Funding for assistance and expenses related to the 2008 floods. Upon motion the documents were re- ceived, filed and approved. Tobacco Compliance - Civil Penalties for Tobacco License Holders: City Manager recommending approval of the Acknowledgement/Settlem ent Agreements for a sec- ond offense tobacco com- pliance violation for Oky Doky, 1256 Iowa Street; and HyVee #1, 3500 Dodge Street. Upon mo- tion the documents were received, filed, and ap- proved. Liquor License Transfer: Request of Monk's Kaffee Pub to transfer their liquor license to the Masonic Temple on April 18, 2009. Motion by Braig to receive and file the documents and approve. Seconded by Jones. Braig stated that Emotion Connection is a wonderful event for all ages and thanked the many volunteers involved in the project. Motion car- ried 7-0. Liquor License Renewals: •' City Manager recommend- ' ing approval of annual liq- a uor license renewals as . submitted. Upon motion the documents were re- • ceived and filed and Reso- ' lution No. 112-09 Granting the issuance of a Class "C" Beer/Liquor License for Neighbor's Tap, Olive Garden Restaurant, Clarke College, and Noonan's Tap; a Special Class "C: (BW) Liquor License for Mindframe Theater and Dollar Dish Restaurant; and a Class "B" Wine Li- cense for Oky Doky #1 and Oky Doky #2; and Resolu- tion No. 113-09 Granting the issuance of a Class "B" Beer Permit for McAleece Park and Recre- ation; and a Class "C" Beer Permit for Oky Doky #1, Oky Doky #2, Par Food Mart, and Ron's Five Point Mart were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Louise Lane Bridge Re- construction Project: City Manager recommending initiation of the public bid- ding process for the Louise Lane Bridge Re- construction Project and that a public hearing be set for April 20, 2009. Upon motion the docu- ments were received and filed and Resolution No. 114-09 Preliminary appro- val of plans, specifications, ' form of contract, and esti- mated cost; setting date of public hearing on plans, specificatiorrs, form of contract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2009, in the His- toric Federal Building. BOARDS/COMMISSIONS Appointment to the fol- lowing Board/Commission: Civil Service Commission (Mayor Appointment): One 4-year term through April 6, 2013 (Term of White). Applicant: Dan White, 2919 Elm Street. Upon City Council concurrence, Mayor Buol appointed Dan White to the Civil Service Commission for a 4-year term through April 6, 2013. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Dubuque Industrial Cen- ter Planned Unit Develop- ment District (Tabled on January 20, 2009): City' Manager requesting that this item be tabled to July 6, 2009. Proof of publication on notice of hearing to con- sider a request from the City of Dubuque/ Dubuque Initiatives to amend the ' Planned Unit Development (PUD) for the Dubuque In- dustrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission rec- ommending approval, with conditions. Motion by Jones to re- move from the table. Seconded by Voetberg. Motion carried 7-0. Motion by Jones to table a proposed ordinance specifications, form of contract and estimated cost for the Eagle Point Water Plant West Clear Well Reservoir Rehabilita- tion Phase 11 Project and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 116-09 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the Ea- gle Point Water Plant West Clear Well Reservoir Reha- bilitation Phase II (Pipe Coating) Project. Seconded by Braig. Mo- tion carried 7-0. Iowa Department of Eco- nomic Development: Proof of publication on notice of hearing to consider a Physical Infrastructure As- sistance Program (PIAP) Forgivable Loan Contract with the Iowa Department of Economic Development on behalf of Dubuque Ini- tiatives and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 117-09"Approving a Physi- cal Infrastructure Assis- tance Program (PIAP) con- tract and Promissory Note with the Iowa Department of Economic Development for the purchase of the Roshek Building. Seconded by Voetberg. Voetberg questioned if there was a conflict of in- terest since three Council Members are on the Dubu- que Initiatives Board. Lindahl stated that since those Council Members receive no direct benefit from their membership on that board, there was no conflict of interest. Motion carried 7-0. • Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Kephart Building Im- provement Project: City Manager recommending award of the Kephart Building Improvement Project to Klauer Con- struction in the amount of $577,992. Motion by Jones to receive and file the documents -and adopt Resolution No. 118-09 Awarding public improve- ment contract for the Kephart Building Improve- ment Project. Seconded by Lynch. Motion carried 7-0. Request for Proposals - Water Meter Review: City Manager submitting the fi- nal Water Meter Review and Testing Phase II Re- port as completed by HDR Engineering and M.E. Simpson Co. and recom- mending approval of the issuance of a Request for Proposals for firms to as- sist in developing plans and specifications for the Water Meter Change Out Program. Motion by Connors to receive and file the documents and ap- prove. Seconded by Braig. Motion carried 7-0. Southwest Arterial Con- sultant Selection Acquisi- tion Appraisal Services: City Manager recommend- ing approval of Iowa Ap- praisal and Research Cor- poration as the Acquisition Appraisal Services Consul- tant and requesting au- thorization to negotiate a Professional Services Agreement and execute a contract with Iowa Ap- J praisal and Research Cor- poration for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 119-09 Ap- proving the selection of Io- wa Appraisal and Re- search Corporation as the Professional Appraisal Services consultant to pro- vide real estate property acquisition appraisals for the acquisition of right-of- way for the development of the Southwest Arterial Project. Seconded by Jones. In response to property owner feedback and a recent media article, Buol and Connors stated that there has been much work on this project during the last 15 years despite the public perception that the project was not pro- gressing. Motion carried 7- 0. Southwest Arterial Con- sultant Selection Review Appraisal Services: City Manager recommending approval of Peoples Com- pany of Iowa as the select- ed Review Appraisal Serv- ices Consultant, request- ing authorization to negoti- ate a Professional Services Agreement and execute a contract with Peoples Company of lowa for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 120-09 Approving the se- lection of Peoples Compa- ny of Iowa as the Profes- sional Appraisal Services Consultant to provide real estate property review ap- praisals for the acquisition of the right-of-way for the development of the South- west Arterial Project. Seconded by Jones. Mo- tion carried 7-0. State Revolving Fund (SRF) Loan Application: City Manager recommend- ing submittal of an appli- 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. Motion carried 7-0. Motion by Connors for fi- nal consideration and adoption of Ordinance No. 18-09 Amending the City of Dubuque Code of Ordi- nances by repealing Chap- ter 27 Human Rights and Adopting a new Chapter 27 Human Rights in lieu thereof. Seconded by Braig. Motion carded 7-0. COUNCIL MEMBER REPORTS Voetberg reported on his attendance at the National League of Cities Confer- ence stating that many high-level federal govern- ment officials were asking cities to use innovation, partnerships, and sustainability in order to receive available federal funds. Voetberg added that Dubuque was used as an example for taking sustainability seriously, and he was told by an Amtrak representative that rail service efforts should be concentrated in Des Moines. Voetberg also re- ported that the delegation from Dubuque's Sister City of Handan, China, is at- tempting to re -organize a trip to Dubuque in June 2009. Lynch reported that he received a memo stating that a new mayor had been appointed in Dubuque's Sister City of Handan, China, and sug- gested possible outreach, which he would be willing to assist with. Connors suggested con- tinued discussions of the Sister City program with staff and/or City Council. CLOSED SESSION Motion by Jones to go in- to closed session at 7:13 p.m. regarding Pending Litigation pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 8:39 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 8:40 p.m. /s/Kevin S Firnstahl Assistant City Clerk it 4/14 IOWA COUNTY tTIFICATION Of tilling Clerk for We Ler of the Telegraph y of Dubuque, Coin hed notice was pub 9, and for which till e me, a Notary Publ of Notary Pi CITY OF DUBUQUE, • IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on April 6, 2009 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 call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Ken Daughters, Presi- dent of Emmaus Bible Col- lege. PROCLAMATIONS Week of the Young Child (April 19-25, 2009) was ac- cepted by Ann Willenbring, Association of the Educa- tion of Young Children, 4300 Asbury Road. Library Week (April 12- 18, 2009) was accepted by Library Director Susan Henricks and Library staff. CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments, adopt the resolu- tions and dispose of as in- dicated with #21 Indiana Subdivision having been removed from the agenda. Seconded by Connors. Lynch requested #20 Joe Lukehart Professional Services Award be held for separate discussion. Braig requested #24 Liquor Li- cense Transfer be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 2/24; City Council of 3/16 and 3/23; Housing Commission of 1/27; Library Board of half of Iowa Reinforcing Steel, LLC, for services provided at the Port of Du- buque Public Parking Fa- cility; Iowa Code Chapter 573 Notice of Claim, Pub- lic Improvement Claim, filed by Attorney Douglas J. Reed on behalf of Iowa Reinforcing Steel, LLC, for services provided at the Port of Dubuque Public` Parking Facility Upon motion the docu- ments 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: Mildred G. Finzel for vehicle damage; Sara Gilles for personal in- jury; Tracey Hillery for ve- hicle damage; Tim Nemmers for property damage; Jessica M. Schick for vehicle damage; David J. Schmitt for prop- erty damage; April Shoars for personal injury; Diane Trotter for property dam- age; Mary L. VanNatta for vehicle damage; Tony and Michelle Zurcher for prop- erty damage. City Attorney recommen- ding denial of claims by Kathleen M. Kane for property damage and Su- perior Welding Supply Co. for property damage. City Attorney recommen- ding approval of a claim by Charles F. Carr for vehicle damage. Upon motion the docu- ments were received and filed and concurred. Locust Street Connector and Central Avenue Traffic Control: City Manager rec- ommending acceptance of the construction contract for the Locust Street and Central Avenue Traffic Control Camera and Fiber Optic Improvement Project as completed by Price In- dustrial Electric in the amount of $404,821.40. Upon motion the docu- ments were received and filed and Resolution No. (JAG): City Manager rec- ommending acceptance of the 2009 Edward Byrne Memorial Justice Assis- tance Grant (JAG). Upon motion the documents were received, filed, and approved. Request for Proposals - Towing Contract Renewal: City Manager recommend- ing the issuance of a Re- quest for Proposals for the City Towing Contract for Fiscal Years 2010 - 2012. Upon motion the docu- ments were received, filed, and approved. Signed Contradts: Black Hills Energy for water me- ter reading services; Apex Management Group for actuary services; and IIW Engineers for design serv- ices. Upon motion the documents were received, filed, and approved. Chavenelle Road: City Manager recommending approval of an agreement between Giese Properties, LLC, and the City of Dubu- que to modify site access points to the Giese Manu- facturing site in the Dubu- que Industrial Center West. Upon motion the documents were received, filed, and approved. Moving. Forward with GIS: City Manager recom- mending acceptance of a proposal from Environ- mental Systems Research Institute (ESRI), execution of an agreement to create an Enterprise System for Geographic Information System (GIS), and pur- chase of a ArcGIS Server to Support the GIS Sys- tem. Upon motion the documents were received, filed, and approved. Request for Proposals - Roosevelt Park Redevel- opment: City Manager rec- ommending approval of the issuance of a Request for Proposals for the pro- fessional design services for Formation of a Basic Master Plan for Redevel- opment of Roosevelt Park. Upon motion the docu- ments were received, filed, and approved. received and filed, Dubuque Golf and Coun- try Club: Communication from Richard Bugalski, General Manager of the Dubuque Golf and Country Club, requesting permis- sion to display fireworks on Country Club property, Saturday, July 4, 2009. Upon motion the docu- ment was received, filed, and approved. Mediacom: Communica- tions from Lee Grassley, Senior Manager, Govern- ment Relations for Mediacom, advising the City of rate increases in basic and premium pack- ages. Upon motion the documents were received and filed. U.S. Department of Hous- ing and Urban Develop- ment: Communication from Shaun Donovan, U.S. Department of Urban De- velopment, advising the City of an allocation of funds from the American Recovery and Reinvest- ment Act of 2009 for se- lected City housing pro- grams. Upon motion the document was received and filed. City Development Board: Communication from Steven R. McCann, City Development Board Ad- ministrator, advising the City that the documents completing the Westside annexation have been re- corded with the Secretary of State and the Dubuque County • Recorder. Upon motion the documents were received and filed. Civil Servic6 Commis- sion: Correspondence from Otto Krueger submit- ting his resignation from the Civil Service Commis- sion effective immediately. Upon motion the docu- ment was received and filed, and the resignation accepted. Joe Lukehart Professio- nal Services Award: Com- munication from the Iowa City/County Management Association advising the City that City Manager Michael Van Milligen has hequesi or rvionn s naiir Pub to transfer their liquor license to the Masonic Temple on April 18, 2009. Motion by Braig to receive and file the documents and approve. Seconded by Jones. Braig stated that Emotion Connection is a wonderful event for all ages and thanked the many volunteers involved in the project. Motion car- ried 7-0. Liquor License Renewals: City Manager recommend- ing approval of annual liq- uor license renewals as submitted. Upon motion the documents were re- ceived and filed and Reso- lution No. 112-09 Granting the issuance of a Class "C" Beer/Liquor License for Neighbor's Tap, Olive Garden Restaurant, Clarke College, and Noonan's Tap; a Special Class "C: (BW) Liquor License for Mindframe Theater and Dollar Dish Restaurant; and a Class "B" Wine Li- cense for Oky Doky #1 and Oky Doky #2; and Resolu- tion No. 113-09 Granting the issuance of a Class "B" Beer Permit for McAleece Park and Recre- ation; and a Class "C" Beer Permit for Oky Doky #1, Oky Doky #2, Par Food Mart, and Ron's Five Point Mart were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors to re- ceive and file the docu- ments, adopt the resolu- tions, set the public hear- ing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Louise Lane Bridge Re- construction Project: City Manager recommending initiation of the public bid- ding process for the Louise Lane Bridge Re- construction Project and that a public he,aring be set for April 20, 2009. Upon motion the docu- ments were received and filed and Resolution No. 114-09 Preliminary appro- val of plans, specifications, • form of contract, and esti- mated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2009, in the His- toric Federal Building. BOARDS/COMMISSIONS Appointment to the fol- lowing Board/Commission: Civil Service Commission (Mayor Appointment): One 4-year term through April 6, 2013 (Term of White). Applicant: Dan White, 2919 Elm Street. Upon City Council concurrence, Mayor Buol appointed Dan White to the Civil Service Commission for a 4-year term through April 6, 2013. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Dubuque Industrial Cen- ter Planned Unit Develop- ment District (Tabled on January 20, 2009): City' Manager requesting that this item be tabled to July 6, 2009. Proof of publication on notice of hearing to con- sider a request from the City of Dubuque/ Dubuque Initiatives to amend the ' Planned Unit Development (PUD) for the Dubuque In- dustrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission rec- ommending approval, with conditions. Motion by Jones to re- move from the table. Seconded by Voetberg. Motion carried 7-0. Motion by Jones to table a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit De- velopment Ordinance for the Dubuque Industrial Center Phases I and II lo- cated at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to July 7, 2009. Seconded by Voetberg. Motion car- ried 7-0. J.D. Communications, Inc. Lease: Proof of publi- cation on notice of hearing to consider a five-year lease with J.D. Communi- cations, Inc. (Julien's Jour- nal) for space in the Histor- ic Federal Building and City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 115-09 Ap- proving the disposal of an interest in real property owned by the City of Du- buque by lease between the City of Dubuque, Iowa, and JD Communications, Inc. Seconded by Voetberg. Motion carried 7-0. Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project: Proof of publica- tion on notice of hearing to consider the plans and oClelll cu ..y -...�. Voetberg questioned If there was a conflict of in- terest since three Council Members are on the Dubu- que Initiatives Board. Lindahl stated that since those Council Members receive no direct benefit from their membership on that board, there was no conflict of interest. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Kephart Building Im- provement Project: City Manager recommending award of the Kephart Building Improvement Project to Klauer Con- struction in the amount of $577,992. Motion by Jones to receive and file the documents and adopt Resolution No. 118-09 Awarding public improve- ment contract for the Kephart Building Improve- ment Project. Seconded by Lynch. Motion carried 7-0. Request for Proposals - Water Meter Review: City Manager submitting the fi- nal Water Meter Review and Testing Phase II Re- port as completed by HDR Engineering and M.E. Simpson Co. and recom- mending approval of the issuance of a Request for Proposals for firms to as- sist in developing plans and specifications for the Water Meter Change Out Program. Motion by Connors to receive and file the documents and ap- prove. Seconded by Braig. Motion carried 7-0. Southwest Arterial Con- sultant Selection Acquisi- tion Appraisal Services: City Manager recommend- ing approval of Iowa Ap- praisal and Research Cor- poration as the Acquisition Appraisal Services Consul- tant and requesting au- thorization to negotiate a Professional Services Agreement and execute a contract with Iowa Ap- praisal and Research Cor- poration for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 119-09 Ap- proving the selection of Io- wa Appraisal and Re- search Corporation as the Professional Appraisal Services consultant to pro- vide real estate property acquisition appraisals for the acquisition of right-of- way for the development of the Southwest Arterial Project. Seconded by Jones. In response to property owner feedback and a recent media article, Buol and Connors stated that there has been much work on this project during the last 15 years despite the public perception that the project was not pro- gressing. Motion carried 7- 0. Southwest Arterial Con- sultant Selection Review Appraisal Services: City Manager recommending approval of Peoples Com- pany of Iowa as the select- ed Review Appraisal Serv- ices Consultant, request- ing authorization to negoti- ate a Professional Services Agreement and execute a contract with Peoples Company of Iowa for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 120-09 Approving the se- lection of Peoples Compa- ny of Iowa as the Profes- sional Appraisal Services Consultant to provide real estate property review ap- praisals for the acquisition of the right-of-way for the development of the South- west Arterial Project. Seconded by Jones. Mo- tion carried 7-0. State Revolving Fund (SRF) Loan Application: City Manager recommend- ing submittal of an appli- cation to the Iowa EPA State Revolving Fund (SRF) for a "Green" Project low -interest loan for the Water Meter Efficiency Re- placement Program. Mo- tion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. Community Oriented Po- licing Services (COPS) Hir- ing Recovery Program: City Manager recommend- ing submittal of a Com- munity Oriented Policing Services (COPS) Hiring Recovery Program Grant for the purpose of obtain- ing three-year funding for four police officer posi- tions. Motion by Jones to receive and file the docu- ments and approve the recommendation. .Seconded by Voetberg. Motion carried 7-0. City of Dubuque Code of Ordinances - Chapter 27: City Manager recommend- ing approval of modifica- tions to Chapter 27 of the Dubuque Code of Ordi- nances so that it remains consistent with the recent federal changes to the Americans with Disabilities Act and the Equal Pay Act. Motion by Connors to re- ceive and file the docu- ments and that the re- quirement that a proposed ordinance be considered Lynch reported that he received a memo stating that a new mayor had been appointed in Dubuque's Sister City of Handan, China, and sug- gested possible outreach, which he would be willing to assist with. Connors suggested con- tinued discussions of the Sister City program with staff and/or City Council. CLOSED SESSION Motion by Jones to go in- to closed session at 7:13 p.m. regarding Pending Litigation pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at„8:39 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 8:40 p.m. /s/Kevin S Firnstahl • Assistant City Clerk 1t 4/14 e me, a Notary Public of Notary Publi