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Proof of Publication City Council Proceedings 09_05_04of a Provisionally ~Ac- credited Levee (PAL) Letter of %igeeement with the- Federal Emergency `,aam7e meat Ancrry too ~'ne Dubuqur Le. ~c and Floodwa sY~t~em .. rs adopted Nist_nc Res. urc^ Develolu~~, i ~,~~nu~am (HRDP) ~, rn ~dcqu st for. Min f `I a~, Exhibits n_? Education ~Prograh~ t L; ~\~lanager rec nrt~_i ~uin~ ~zpr rv= cite ~ubml~an Hi,b,1c Resoa~~a D ~~`opn~e.~rt PYOgra'n fHRDPj Gra'1t Appllcatian to the State HI ~w loci Society >f Iowa t ii rr,e A4'ines of Spain Exhibit and Educatirnr P,,,gram and 3 RescluLinn of Support for th~~ appllca-on. Upon ~~n lion tfie Joc,- ments ~:ere recr,ved and flie;l and Resa- lution No. ldl-09 P,,~- ~,nroving HRDP Grant 4pP'~IeaU~n '11~ras cf Spain E ,h'~hli and Education Pror~,am VJaS aCii!ptild. Google Earth / Clty l~nagery Update: Cih,~ lAdnagrT reCOmnlend- iiig approval of a Comm~t R~ case Agree- 'nent chat al~~,o~.vs Gobgle Earth to use the .'.fb;'s d-ita In order to better the Google Earth product Upon motloa thc cincu;rrenL acre ecelved. filed, anti approved, Tnbaa:o Compliance - Civil Penalties for Tobacco License Hold- rfti: Ca, f,ianagr i i e- co amend-ng appin~al ,f the A I no~'al ~:ine- i,ert S tUemart ggrecm;ents fur a ^ei:end,offense tobac cr coirrpl~ance ~~o'a-: Lion far 16th Street llutn Tru^tc Plaz,r, 1215 Cast ?6t~.r SLrcet. Upon moton ~hc doaiments rderc received. flied. and approved. Alcpnol C ~mp'tance - Civll Pur ut~es for Alcohol I icenx~ Hold- ors: Gftr P.~anager re- carnmending ap.iove of the ,1 ',n;auleJge- ~~rnt/S~ tt,em nL vgicemrnti for a h s~ ffe,rse tIC rhoi ccmpli- Zn o violafibnfor Thy Chan~~rc, Im,~. ZL'10 !-a ICof[r<'r Bou ward: first rffgnse a~eahol comfr~ rape ~ io'ation for TotL's T p, 3157 Jack- son Street thc 14-day license ~u penslen for Haun's Sgecla~~ Meats, :nz~. n"~~r„ n~;,U~ ,,ivl son 4-Lane ~0 gsso- •ciatie~i efforts tr upgrade High,n~ay 20 p;i ,ula~ly ;he Frp~- pr t b'~pass and Ga ieca Bypass. -Upon m,,tion the dncu+nent5 rz recei~red and filcri and Rcsrrutinn iJo. 143- 0~~ R°soluton of Sup por lpr the ni graio of US High ray, ~0 to tour is is as adopted. B,cii`ey Farm Mrliort P,opcr~y A;quisition. Gty. ivianagcr -recom- mendii;g acceptance of the deed to property from Ronald Bradley, ~eft~ey 6ndtey, and Erlan and Ki~n'oerly 3radlcy, 10719 Mcrlln Lane, for the Dubuque R~glonal Airport Ter- ~rr'nal Rclocatlcn Pro- ject Upon motion the documents ;sere re- ceived and filed and P.~so`ution No. 141-09 APp~oving Pee acqui- sition of real propert located at 10719 Merlin Lane, Dubuque, lo;va, ±;as adopted, Hartman Airport Property Acgulsftion; C ty ~19anayr.r recon~i mending acceptance of t'ne deed to property From Ronald and Ellen Hartman, 8198 Jecklin Lane, for fire Dubuque R~Slonal Airport Ter- minai Relocation Pro- ject Upon mob~on thc documents :vere re- cr~i^erJ and filed and Resolution No. 1d5 09 Approving .thc acquisi- tion of mal property locatad at'i1a8 Jcckiin Ln c, Dubugtc, lo~~~a, e~ 3r adopts J. rlduit Enttr ~ nment S tl ~ment: ASSistant C ;~ Attorney rccorn rnending approval cf fn ~ negotiated sett!e- ment :a~lth The Office. lJpan motion thc rJoainrent cvas ce;e~ed, filod, anti a r ,roved. C.n~ii Service Commis sicn: Civil S~rvfcc Com- mission submlLting thc certified lists for the positions of Sanitation Dn-cf and Laboratory l c .h i<cian. Upon mo- tion the d,>aimentr ~>:~re~NOe'hou and filrc a .d made ~ Matter of Record. liivestrnent Policy Re cuJficah'on_CltyNiana- ger advising that thc. City. of Dubuqucs in:vestment policy has be ~ ~ecer, ficd by thc AsSrciatlon of Public tl"CaSn rC l"5 of the IlnifFri Sra~c~r ;mri Purrhasc of Sen~lcc Agreement - Bu lington Traiiu n-s City Mana- ger r~ ~ornmending ap- hr:;val of a Purc~aseof S~rvlce Agreement h Bririingtgn Troll- 'rays for thc• City's r~nanclll support to ouera~e a bus depot and tlCacet sales office loco-`c~i at d00 Rhom- be,r P:~nuc. Upon motion Cue docuirrents ere' received, filed,, and approved. piJfSt.ld; t9FAi;9i`la3 ~14otion by Lynch to receive and fire thc Documents, adept the' resolution,. set. the public hcaring as indicated, and direct .the City Clerk to publish ~,otice as prescribed oy lava. Socdnded by Jones. Mofion carried 7-0. Locust Street S~de- ;vaik ancf Traffic Signal lirsta!lation - 8th to 12th Street Project: City Ntanagcr recom- mendhig liritlatlcn cf the public bidding process for the Locust Strec Sidc~,valk and Traffic Signal Installa- tion 8th to 12th Street Project and that a public hearing be set for May 18, 2009. Upon motion the documents were ~,ceived and Fled and Resolutipn No. ]&3- 09 Preliminary ap . proval of plans, speci- fications, form of contract, and esti- mated cost; setting date pf public hearing on pans, specifica- tions form otcontract, and estimated cost; and ordering the advertisement for bids for the Locust Street Sldewall: and Traffic. Signal Installation - 8th to 12th Street Project was adapted setting a public hearing for a meeting to commence at 6:30. p.m. on May 1£i, 2009, IiJ thc Historic Federal Building. fS0~1F3LlS/ ("xDM~JIISSI(Jf9C Applicants were lavlted t0 address [he City Council rega~dlna useir desire to sene on thc follovding Boards/ Commissions: Electri- cal Codc Boaro: Two 3- ycar terms through 'May 21. ZOt2 (Terms of Schm'di and Uhlr'ch) (Etectrlcal Expulencc/ Background require- rnenU. Apullcants Bob Srh,nirii. 71Fid C)n-.hard Afford to repair the crap, and it has beco~nc a safety Issue. ,Fol- Io~~:~ing Council dls cusslon. Van Miil~gen stated that the Clty will only assist . pr :ate t ruperty o veers when he Issue irr~olves h~ publ,c ,ignt-oi a„ and that provfdiitg, 3ssistasirc w Mild r reate a nee^r policy and a major financial Impact on thc C~Ity. In summary, Mayor Buol stated that thc Clty cannot take pn private sector issues using ta;< dollars. Motion carried 7-0. Citizen Communica- tion: Cp~irmunicafion from Beth Shank re- garding the I<eyline bus route and speed limit on Dove Street. Ms. Shaul: ,vas not 'm attendance. Motion by Connors to receive and file the ~communica- t~on. Seconded by Voet- b: rg. hAotion carried 7-0. Police Department Orcanizational Super- vision Realignment: City Manager recom- mending approval of organizational super ~islon realignment for the PGlice Department, which evolves the creation and- climina tlon of some civil service positions. Mo- tion -dy Connors to receive and file the gocuments and ap- proJe the recommen- dation. Seconded by L,nr! . kgo.ion-carried 7-0. 2009 Art on the River. Arts and Cultural Affairs Advisory Corti- mission requesting City Council approval of thc selection of artwork for the 2009 Art cn' the River co~rrpetition. Motion by Gonnprs to receive and file the documents and approJe the selection. Seconded by Lynch. Mofion carried 7-0. Washington Npighbor- hood~ Development Corporation (WNDC): City Manager ,.ccom- mending approval of the reallocation of $1OQ000 from thc Homcowner~shlp Grants io fund the lcilvities or the Wash- ington Nelghborhoad Deve;opment Corpora- tion. Nlotlon by Jones to receive and file the doaiments and approve therecommen- dation. Seconded by Vn,~rnrrn_ Mntinn car- H1N1 Influenza (Swine Flu) Update: City klanager transmit- tiriginformationregard.' 1ng tl>.e local response to the recent H1N1 (S.vine Flu) Influenza outbreak. Motion by L,rnch to receive and file the report. Second- ed by Braig. Public Health Specialist Mary Rose Corrigan provided a verbal update stating that Governor Culver has declared a public health emergency, tivhich aid in funding. Ten public information I~eaith advisories have been cant out In addition to an info- rnercial and personal care programs placed on City Channel 8, and updates to the City's websitp. T~,vo health preparedness rncet- ~Ings have been held and a Joint Information Committee has been formed. Corrigan stated that there is one confirn~ed and seven probable cases~aa~oss Marshall, ~ Johnson, Scott, and Polk Coun- ties. The Iowa Depart- ment of Public Health is distributing' antiviral medication. to counties and health care pro- . eiders. The virus is a combination of hwnan, avian, and ~ swine viruses and has been given the name of Svinc-0rigin Influenza Virus. The virus Is wide spread and health of- ficials are keeping their guard up for the fall 2009 influenza season. Motion carried 7-0 Alcohol Civil Penalty Hearing - Tott's Tap: City ivlanager sybmit- ting information regard- ing the alcohol civil penalty for Tott's Tap. This item was added to the consent agenda upon settlement prior to the meeting. Unified Development Code Work Session Dates: City ,Manager recommending that a series of work sessions on the draft Unified Development Codc be~ scheduledfor Monday, May 1t; Wednesday, AAay ?7; Monday; June u; and Monday, June 39. Motion by Jones to receive and file the documents and ap- prove thc recommend- ed dates. Seconded by Voetberg. Braig stated that she is not avail- able for the June 8 {S. l.J ~11~~ CFIZTIFICATI®N ®F PIJ~LICATI®I~T Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa 1, publisher of the Telegraph Herald,a newspaper of general circulation in the City of Dubuque, County of Dubuque and State of Iowa; hereby the attached notice was published in said newspaper on the following 8, 2009, and for which the charge is $291.19. to before m a Notary Public in and for Dubuque County, Iowa, day of , 20 ~. m~ ~ ~~ ~T~ o~~` GARY iv. V1'FSTEFI%iEYER ~~ ommis;,iQn Pvumber 1;~~885 ;,~ Comm. Exp. 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Jaaq `sfA( `slOo;puny `saJrMasnol 'salq!;aalloo Jal;O-`swa; anhnUn iinuis Run,, 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: May 8, 2009, and for which the charge is $291.19. LAyt444A-e. Subscribed to before me„a Notary Public in and for Dubuque County, Iowa, this gra day of ,20 D9 . 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 Council met in regular' session at 6:30 p.m. on May 4, 2009 in the Historic Federal Build- ing. Present: Mayor Buol, Council . Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, 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 pro- vided by Reverend Preservation Commis- sion Chairperson• Michael Knight, 942 Mt: Pleasant Street; Mental Health Month (May, 2009) was accepted by John Cordes, Mental Health America for Dubuque County. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated including.the amended consent agenda item (#28) ' Purchase •of Service Agreement - Burlington Trailways and moving -action item (#10) Alcohol CiVil Penalty Hearing - Tott's Tap to consent agenda (#12)'Alcohol Compliance Civil Penalties for Alcohol License • Holders. Seconded by Braig. Resnick • requested (#15) Application to the Economic Develop- ment Administration for Financial Assis- tance with , a Down- . town Parking Facility • be held forseparate discussion. Motion car- ried 7-0. Minutes and Reports Submitted: Cable Com- munity Teleprogram- ming Commission of 3/3; City Council • of 4/20; Library Board of 'Trustees of 2/26 Proofs of publication of City Council Proceed- ings Of April 6, 2009 (Regular and Special Meetings) and • List of Claims and Summary of Revenues for Month Ended March 31. 2009 Carnegie -Stout Public Library Board of• Trustees Update from the Meeting of April 23,. 2009; Substance Abuse Services Center Third. Quarterly Report., Upon motion the documents were re- ceived and filed. • Notice of Qlaims/ Su its:Portzen Constru c- tion,. Inc. d/b/a Dubu- que Plumbing and ' Heating Company vs. City of Dubuque, et al; Andy .Rettenmeier for property . damage.. Upon motion the documents were re- ceived and filed and refereed to the City Attorney. City Attorney advising that • the •.following claim • has . • been referred to Public Entity Risk Services .of Iowa, the agent for the Iowa .Communities Assurance' Pool: Andy Rettenmeier for. pro- perty damage. Upon motion the document was received and filed and concurred. Homelessness Preven- tion and Rapid. Re - Housing Program: City Manager recommend- ing approval of an application to the US Department of Housing and Urban Develop- ment (HUD) and an amendment to the Fiscal Year • 2009 (Consolidated Plan 2008) Annual Action Plan for Homelessness Prevention and Rapid Re -Housing Program (HPRP) funding in the amount of. $502,294. Upon motion the documents were received and filed and Resolution No. •137-09 Approving the applica- tion and Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) Amendment 4 for the Homelessness Prevention and Rapid Re -Housing Program (HPRP) Funding was adopted. Iowa Community Cultural Grant Applica- tion: City Manager recommending approv- al of an Iowa Com- munity Cultural Grant Application, which will • allow the City of Dubuque's Part -Time Arts and Cultural Affairs ' Coordinator position to remain at twenty hours per week. Upon motion the documents were re- ceived, filed, and approved. Louise Lane Bridge Reconstruction Project: City Manager recom- mending award of the contract for the. Louise Lane Bridge Recoil: struction Project to Jim Schroeder, Construc- tion, Inc., in . the amount of $209,315.52. Upon motion the documents were • re- ceived and filed and Resolution No. 138-09 Awarding public im- provement contract for the Louise•Lane Bridge Reconstruction Project was adopted. • Request for Proposals (RFP) - Millwork Dis- trict Streets and Utilities Improvements:. City. Manager recom-' mending approval of the issuance of a Request for Proposals to seek qualified firms interested in providing street and • utility decian for the nublic of a Provisionally 'Ac- credited Levee (PAL) Letter of .Agreement with the. Federal Emergency Manage- ment Agency for the Dubuque Levee and Floodway System was adopted. Historic Resource Development Program (HRDP) Grant Request' for Mines of Spain . Exhibits and Education •Program: City Manager recommending approves al to submit an Historic Resource Development Program (HRDP) Grant Application to the State Historical Society of Iowa for the Mines of Spain Exhibit and Education Program and a Resolution of Support for the application. Upon motion ttfe docu- ments were received and filed and Reso- lution No. 141-09 Ap- proving HRDP Grant •Application for Mines of Spain Exhibit and Education. Program was adopted. • Google Earth / City Imagery Update: City. Manager recommend- ing approval of a Content Release Agree- ment that allows Google.Earth to use the City's data in order to better the Google Earth product. Upon motion the documents were received, filed, . and approved. •' Tobacco Compliance - Civil ' Penalties for Tobacco License Hold- ers: City Manager re- commending approval of the Acknowledge-. ment / •Settlement Agreements for a second. offense tobac- co compliance viola-, tion for 16th Street Auto Truck Plaza,. 1215 • East 16th Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalties for Alcohol License Hold- ers: City Manager re- commending approve of . the Acknowledge- ment/Settlement Agreements for a first offense alcohol compli-_ 'ance violation -for The Channel Inn, 2010 'y2 Kerper Boulevard; first offense alcohol compli- ance • violation for Tott's Tap, 3457 Jack- son Street; the 14-day license suspension for Haun's Special Meats, 3033 Asbury Road; and to set a first offense alcohol civil penalty hearing for May 18, 2009 regarding The Club House, 2364 Washington, Street. Upon motion the documents were ' re- ceived, filed, •and , a Penalty Hearing was set for May 18, 2009. Quarterly Investment Report: City Manager transmitting time March 31, 2009 • Quarterly Investment Report. Upon motion the • documents were re- ceived and filed. Citizen Communica- tion: • Communication from H. Charles Tyler requesting that stop lights be installed at the entryway leading. from Kennedy Mall and Best Buy. Upon motion the • communication was received and filed and referred to the City Manager. Application to the Economic Development Administration for Financial Assistance with. a Downtown Parking Facility: City Manager recommend- ing approval of the submission of an appli- cation to the Economic Development Adminis- • tration for downtown parking ramp funding. Motion by Resnick -to receive and ' file, the 'documents and ap- prove ,the recommen- dation. Seconded by Connors. Van Milligen stated he will amend the . application to reflect the • approved site selection. Eagle Point Clear Well Reservoir' Rehabilita- tion Phase fl (Pipe Coating) Project: City Manager recommend- ing award of the con- struction contract' for the Eagle Point Clear Well Reservoir Rehabili- tation Phase II (Pipe Coating) Project toK & W Coating, LLC in the amount of $35,000. Upon motion the docu- ments were received and filed • and Reso- lution • '• No. 142-09 Awarding the public improvement contract for the Eagle Point Clear' Well Reservoir Rehabilitation Phase II (Pipe Coating) Project was adopted: Letter of Support - Upgrade of US High- way 20 to Four Lanes': City Manager recom- mending approval of a Letter of Support for thelo Daviess/Stephen- son 4-Lane 20 Asso- •ciation efforts to upgrade Highway 20, particularly the Free- port Bypass and Ga- lena • Bypass. Upon motion the documents were received and filed and Resolution No. 143- 09 Resolution of Sup-. port for the upgrade of US Highway 20 to four lanes was adopted. , Bradley Farm Airport Property Acquisition: City Manager recom- mending acceptanceof the deedto property' from • Ronald Bradley, Jeffrey. Bradley, and Brian and Kimberly Bradley, 10719 Merlin Lane, for the Dubuque Regional Airport Ter- minal Relocation Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 144-09 Approving the acqui- sition of real property located at 10719 Merlin Lane, Dubuque, Iowa, was adopted. Hartman Airport Property Acquisition: City Manager recom- mending acceptance of the deed to property from Ronald and Ellen Hartman, 8198 Jecklin Lane, for the Dubuque . Regional Airport' Ter- minat Relocation Pro- ject. Upon motion the documents were re- •ceived and filed and' Resolution No. 145-09 Approving .the acquisi- tion of real property located at 8198 Jecklin Lane, Dubuque, Iowa, was adopted.: Adult Entertainment Settlement: Assistant City Attorney recom- mending approval of the negotiated settle- ment with The Office. Upon motion the document was re- ceived, filed, and approved. • Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the positions of Sanitation Driver and Laboratory Technician. Upon mo- tion the' documents were received and filed and made a Matter of Record. Investment Policy Re- certification: CityMana- ger advising that the City. of Dubuque's investment policy has been recertified by the Association of Public Treasurers of the United States and Canada. and approved for the Certificate of Excellence Award. Upon. motion the documents were re- - ceived and filed. ' . Legislative Correspon- dence: Correspon- dence • to area legis- lators thanking them for their efforts this legislative session to ' ensure that progress in the State of iowa continues and that Eastern Iowa, and specifically the City of Dubuque, is a part of that progress; Upoh motion the documents were received and filed.. Mediacom: Mediacom submitting the 2008 Annual Report .(on file in the City Clerk's Office). Upon- motion the ' document was received and filed. • Signed Contracts: Consultant Services for I&I Investigation; Kep- hart Building Improve- ment Project Addi- tional Services Agree- ment #3. Upon motion the documents were received and filed. Liquor License Re- fund: Request of James Goetzinger for a refund of his Class C Liquor • License in the amount of $845. Upon motion the documents were received and filed and the refund was ap- proved. Liquor License Ap- plications: City• Mana- ger recommending ap- proval of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 146- 09 Granting the issu- ance of a Class "C" Beer Permit to Key - west Conoco, Casey's General Store #2420, Casey's. General Store ' #2421, 16th Street Auto Truck Plaza, and . McCann's Service; and Resolution No. 147=09 Granting the issuance of a Class "C" Beer/ Liquor License to Buffalo Wild Wings, Kalmes Breaktime, Shot Tower Inn, Marco's, and Catfish Charlie's; Special Class "C" Liquor License to Jorja's Restaurant; Class' "WCN" Wine License to Stone Cliff . Winery; and. Class "WBN". Native Wine License to Keywest Conoco and Casey's General Store #2420 were adopted. Purchase of Service Agreement - Burlington Trailways: City Mana-• ger recommending ap- , proval of a Purchase 'of Service Agreement with Burlington Trail- ways for the' •City's financial support to • operate a bus depot and ticket sales office located at 400 Rhom- • • berg Avenue. Upon motion the documents . were received, filed,. and approved. ITEMS TO BE SET FOR PUBLIC HEARING • Motion by Lynch to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct .the City Clerk to publish notice as prescribed by law. Seconded ' by Tones. Motion carried 7-0. Locust Street Side - wail( and Traffic Signal Installation - 8th to. 12th Street Project: City Manager recom- mending initiation of the public bidding process for the Locust Street Sidewalk and Traffic Signal Installa- tion - 8th to 12th Street Project and that a public hearing be set for May 18, 2009. Upon motion the documents were received and filed and Resolution No. 148- 09 Preliminary ap-• proval of plans, speci- fications, • form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; • and ordering the advertisement for bids for the Locust Street Sidewalk and Traffic. Signal Installation -8th to 12th Street Project was adopted setting a public hearing for. a meeting to commence at 6:30. p.m. on May 18,. 2009, iq the Historic Federal Building. BOARDS/ • COMMISSIONS Applicants were invited to address the City Council regarding their desire'to serve on the following -Boards/ Commissions: Electri- cal Code Board: Two 3- year terms through 'May 21, 2012 (Terms of Schmidt and Uhlrich) (Electrical Experience/ Background • require- ment). Applicants: Bob Schmidt, 2184 Orchard . Drive; and Paul Uhlrich, 489 Olympic • Heights Road. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. • Kephart Building Roof. Replacement Project: Proof of publication on notice of public hear- ing to consider the plans, specifications, form of contract, and estimated cost for the Kephart Building Roof Replacement Project and City Manager recommending. appro- . val and award of the contract to Giese Roofing Company, in • the amount of $79,495. Motion by . Connors to receive and file the documents and adopt Resolution No. 149-09 Approving plans, speci- fications, form of contract, and. esti- mated cost for the Kephart Building . Roof Replacement Project; and Resolution No. 150- 09 Awarding public • improvement contract for the . Kephart Building Roof Replace- ' ment Project. Second- ed by Braig. Motion carried 7-0. Fiscal Year 2009 Second Budget Amend- ment: Proof of 'publi- cation on notice of hearing to consider the Second Amendment to the Fiscal .Year 2009 Budget and City' Manager recommend- ing approval. Motion • by Connors to receive •and.file the documents and adopt Resolution No. 151-09 Approving Amendment No. 2 to the Fiscal Year 2009. Budget for the City of Dubuque. Seconded by Jones. Motion carried 7-0. Upon motion the rules were' reinstated limit- . ing discussion to the • City Council. • ACTION ITEMS Request to Address the City Council: Com- munication from Cindy Iwasaki,•560 Hill Street, . requesting to address the City Council regard- ing a fallen retaining •,wall. Motion by Con- nors to receive and file 'the document: Second- ed . by • Jones. Ms. Iwasaki spoke request- ing assistance from the City regarding a fallen retaining wall from an adjacent home behind her property stating that the owner Cannot the Police Department, which involves ' the creation and' elimina•- tion of some civil service positions. Mo- tion • by Connors to receive and file the documents and ap- proVe the recommen- dation. Seconded by Lynch. Motion carried 7-0. 2009 Art on the River: Arts and Cultural Affairs Advisory Com- mission requesting City Council approval of the selection of artwork for the 2009 Art on' the • River competition. Motion by Connors to receive and file the documents and approVe the selection. Seconded by Lynch. Motion carried 7-0. Washington Neighbor- hood' Development -Corporation. (WNDC): City Manager recom- mending approval of the reaHocation of -$100,000 from. the Homeownership Grants to fund the activities of the Wash- ington Neighborhood Development Corpora- tion. Motion by Jones to receive and file the documents ' and approvethe recommen- dation. Seconded by ' Voetberg. Motion car- • ried 7:0. Sidewalk Installation Program (First Reading on April. 20, 2009): Motion by .Connors to receive and file the documents 'and •that the' requirement that ,proposed ordinance .be 'considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Jones. • Motion carried 6-1 with Lynch voting nay. Motion by Connors for final consideration and passage of -Ordinance No. 25-09 Amending Chapter 41, Streets, Sidewalks and Public afford to repair the H1N1 Influenza wall, and it has become (Swine Flu) Update: a safety issue. .Foe- • ,City Manager transmit - Towing Council dis- tirfg information regard cussion, Van Milligen ing the local response stated that the City will to the • recent H1N1 only assist . private (Swine Flu) Influenza property owners when outbreak. Motion by the issue involves' the 'Lynch to receive and public right-of-way, file the report. Second - and that • providing; ed by Braig. Public assistance would Health Specialist Mary • create a new policy Rose Corrigan provided and a major financial a verbal update stating impact on the .City. In that Governor Culver summary, Mayor Buol has declared a public stated that the City health emergency, cannot take on private • which aid in funding. sector issues using tax Ten public information dollars. Motion carried health advisories have 7-0. . been sent . out in Citizen Communiea- addition to an info- tion: Communication merciai and personal from Beth Shank re- care programs placed garding the Keyline • on City Channel 8, and bus . route and speed. updates to the City's limit on Dove. Street. website. Two health Ms. Shank was not in preparedness meet - attendance. Motion by ,'ings have been held Connors to receive and and a Joint Information file the 'communica-' . Committee has been tion. Seconded by Voet- formed. Corrigan berg. Motion carded 7-0. stated that there is one Police Department confirmed • and..seven Organizational Super-' probable •cases across . vision Realignment: ' Marshall, • Johnson, City Manager recom- Scott, and Polk Coun- •mending approval of ties. The IowkDepart- .organizational super- - ment of Public Health vision realignment for is distributing antiviral medication. to counties and health care pro viders. The virus is a combination of human, avian, and • swine viruses and has been given' the name of Swine -Origin influenza Virus. The virus is wide spread and health of ficials are keeping their guard up for the fall 1 to 2009 influenza season. Motion carried 7-0 • Alcohol Civil Penalty Hearing - Tott's Tap: • City Manager submit- ting information regard- ing the alcohol' civil penalty for Tott's Tap. This item was added to the consent agenda upon settlement prior to the meeting. Unified Development Code Work' Session Dates: City .Manager recommending that a . series of work sessions on the draft Unified Development. Code be• scheduled for Monday, May 1i; Wednesday, May 27; Monday; June 8; and Monday, June 29. Motion by Jones to receive and file the documents • and ap- prove the recommend- ed dates. Seconded by Voetberg.' Braig stated that she is not avail- able for the June 8 session.• Lynch stated that he is not available for the May 27 session. Van Milligen stated thatdinner would be served at 5:00 p.m. with the work session starting at 5:30 p.m. Motion carried 7-0. East / West Corridor Study Work Session Date: City Manager recommending that a work session be sche- duled for 5:00 p.m. on Monday, July 20, 2009, to provide an .update 'on the East West Corridor' Connectivity Study. Motion by Jones to receive•and .file the documents and ap- prove the recom- mended date. Second - Places, of the City of ed by Voetberg. Van Dubuque Code of •Milligen stated that Ordinances by chang- dinner would be served ing Subsection (a) and , at 4:30 p.m. with the (b) and adding a new work session starting Subsection 41-100(c) at 5:00 p.m. Motion authorizing:City.Mana- carried 7-0. ger to review appeals. COI,INCIL V MBER - • Seconded by Braig. .REPORTS • Motion carried 6-1 with . Jones reported that Lynch voting nay. ' • he had learned former Downtown Parking . ISU nurse and friend• Ramp Site Selection Tania McClain was ill Recommendation: City and thanked her for Manager recommend- her work in helping to ing that the City Coun- • develop the City's Fire cil select the site of a Department Paramedic. new downtown parking : Program in 1974. ramp. Motion by Con- • There being no nors to receive and file further business, .upon the . documents and • . motion the City Council select the two -site adjourned at 8:37 p.m. option (loth and Iowa' /s/Jeanne F. Schneider, '.Streets / 5th and Bluff • CMC, City Clerk Streets). Seconded by it 578 - Braig. City Council dis- cussion included con- cerns over the height • of the ramp at the 5th and Bluff Streets site, ramp proximity to both current :and future businesses, street - level appeal at the 5th and Main•Streets site, funding sources and financial differences between the options, secured bicycle park- ing, and project timing. Motion carried 6-1 with Resnick voting nay. Request for Proposals Design of Downtown Parking Ramp: City Manager recommend- ing approval of the issuance of a Request for Proposals for engi- • neering/design ser- vices required to .design a new down- town parking ramp. Motion. by • Jones to receive and file the documents and -ap- prove .the recommen- dation adding bicycle parking .to the design. Seconded by Connors. Motion carried 7-0. OF IOWA QUE COUNTY {SS: CERTIFICATION OF PUBLICATI Pike, a Billing Clerk for Woodward Comp 1, publisher of the Telegraph Herald,a new in the City of Dubuque, County of Dubuque • the attached notice was published in said r y 8, 2009, and for which the charge is $291 before m day of St/vtiet44-AAL a Notary Public in and for D , 20 Notary Public in and foe MARY K. WES' Commission Nul My Comm. Exp. rus ees plate from the Meeting of April 23, 2009; Substance Abuse Services Center Third Quarterly Report.. Upon motion the documents were re- ' ceived and filed. • Notice of Claims/ Su its:PortzenConstruc- tion,. Inc. d/b/a Dubu- que Plumbing and ' Heating Company vs. City of Dubuque, et al; Andy .Rettenmeier for property . damage.. • Upon motion the documents were -re- ceived and filed and referred to the City Attorney. City Attorney advising • that' the - .following claim • has . • been referred to Public Entity Risk Services .of Iowa, the agent -for the Iowa .Communities Assurance Pool: Andy Rettenmeier for. pro- perty damage. Upon motion the document was received and filed and concurred. Homelessness Preven- tion and Rapid. Re - Housing Program: City Manager recommend- ing approval of an application to the US 'Department of Housing and Urban Develop- ment (HUD) and an amendment to the Fiscal Year • 2009 (Consolidated. ' Plan 2008) Annual Action Plan for Homelessness Prevention and Rapid from H. Charles Ty Re -Housing Program ' requesting that stop Mediacom: Mediacom contract to Giese Chapter 41, Streets, prove the recom (HPRP) funding in the lights be installed at submitting the. -2008 Roofing Company, in • Sidewalks and. PubHc mended date. Second - amount of. $502,294. the entryway leading, Annual Report -(on file the amount of $79,495. Places, of the City of ed by Voetberg. Van Upon motion the from Kennedy Mall and in the City. Clerk's Motion by Connors to Dubuque Code of •Milligen stated that • documents were ; Best Buy. Upon motion Office). Upon- motion receive and file the Ordinances by chang- dinner would be served received and filed and • the • communication the' document was documents and adopt ing Subsection (a) and , at 4:30 p.m. with the Resolution No. • 137-09 was received and filed received and filed. Resolution No. 149-09 - (b) and adding a new work session starting Approving the applica- and referred to the City Signed Contracts: Approving plans, speci- Subsection 41-100(c) at 5:00 p.m. Motion tion and Fiscal Year Manager. Consultant Services for 'fications, form of authorizing.CityMana carried 7-0. 2009 Annual Action Application to the f&I Investigation; Kep- contract, and. esti- ger to review .appeals. COUNCIL MEMBER ' Plan (Consolidated .Economic Development hart Building Improve- mated cost for the • Seconded by Braig. REPORTS Plan 20081 Amendment Administration for ment Project Addi- Kephart Building . Roof Motion carried 6-1 with . Jones reported that 4 for the Homelessness Financial Assistance tional Services Agree- • Replacement Project; Lynch voting nay. • he had learned former Prevention and Rapid with. a Downtown ment:#3. Upon motion . and Resolution No: 150- Downtown Parking . ISU nurse and friend - Re -Housing Program Parking Facility: City the documents were 09 Awarding public • Ramp Site Selection Tania McClain was ill. (HPRP) Funding was Manager recommend- received and filed. • improvement contract , Recommendation: -City and thanked her for adopted. ing approval of the Liquor License Re- for the Kephart Manager recommend- her work in helping to Iowa Community submission of an appli- • fund: Request of James Building Roof Replace- ' ing that the City Coun- • develop the City's Fire Cultural GrantApplica- cation to the Economic Goetzinger for a refund ment Project. Second- cil select the site of a Department Paramedic •tion: City Manager Development Adminis- of his Class C Liquor ' ed by Braig. Motion new downtown parking . Program in 1974. recommending approv- • tration for downtown • License in the amount carried 7-0. ramp. Motion by Con- • There being no al of an . Iowa Com- parking ramp funding. of $845. Upon motion Fiscal Year 2009 nors to receive and file further business, .upon munity Cultural Grant Motion by Resnick -to the documents were Second Budget Amend- the .documents and' .motion the City Council . Application, which will receive and ' file, the received and filed and ment: Proof of 'publi- . select the two -site adjourned at 8:37 p.m. • allow the City of documents and ap- the refund was ap- cation on notice of option (loth and Iowa' /s/Jeanne F. Schneider, Dubuque's Part -Tune prove the recommen- proved. • hearing to consider the '.Streets / 5th and Bluff • CMC, City Clerk Arts and Cultural dation. Seconded by Liquor License AP- Second Amendment to Streets). Seconded by It 578 Affairs • Coordinator Connors. Van Milligen plications: City• Mana- the Fiscal . Year 2009 Braig. City Council dis- position to remain at stated he will amend 'ger recommending ap- Budget and City' •cussion included con - twenty hours per the . application to proval of annual liquor . Manager recommend- cerns over the height week. Upon motion the reflect the approved license renewals as ing approval. Motion • • of the ramp at the 5th documents were re- site selection. submitted. Upon mo- by Connors to receive and Bluff Streets site, ceived, filed, and Eagle Point Clear Well tion the documents 'and file the documents ramp proximity to both approved. Reservoir' Rehabilita- were received and filed and adopt Resolution current :and future Louise Lane Bridge tion Phase fl (Pipe and Resolution No. 146- No. 151-09 .Approving businesses, street - Reconstruction Project: Coating) Project: City 09 Granting the issu- Amendment No. 2 to level appeal at the 5th CITY OF DUBUQUE, City Manager recom- . Manager recommend- ance of a Class "C" the Fiscal Year 2009. and Main•Streets site, IOWA • mending award of the ing• award of the con- Beer Permit to Key- - Budget for the City of funding sources and CITY COUNCIL contract for the. Louise struction contract' for west Conoco, Casey's : Dubuque. Seconded by financial . differences — PROCEEDINGS Lane Bridge Recon: the Eagle Point Clear General Store #2420, Jones. Motion carried 7-0. between the options, The Dubuque City struction Project to Jim Well Reservoir Rehabili- Casey's. General Store Upon motion the rules secured bicycle park - Council met in regular' Schroeder. Construc- tation Phase II (Pipe ' #2421, 16th Street Auto were' reinstated limit- . ing, and project timing. session of 6:30 p.m. on tion, Inc., in . the Coating) Project to•K & Truck Plaza, and ing discussion to the • Motion carried 6-1 with May 4, 2009 in the amount of $209,315.52. W Coating, LLC in the . McCann's Service; and City Council. • Resnick voting nay. Historic Federal Build- Upon motion the amount of $35,900. Resolution No. 147=09 ACTION ITEMS Request for Proposals, ing documents were re- Upon motion the docu- Granting the issuance Request to Address Design of Downtown Present: Mayor Buol, •ceived and filed and ments were received of a Class "C" Beer/ the City Council: Com- Parking Ramp: City Council . Members Resolution No. 138-09 and filed • and Reso- Liquor License to munication from Cindy Manager recommend- Braig; Connors, Jones, Awarding public im- lotion . No. 142-09 . Buffalo Wild Wings, Iwasaki,•560 Hill Street, • ing approval of the Lynch, Resnick, Voet- • provement contract for Awarding the public • Kalmes Breaktime, requesting. to address issuance of a Request berg, City Manager the Louise•Lane Bridge ' improvement contract Shot Tower Inn, the CityCouncil regard- for Proposals for engi- Van Milligen, City Reconstruction Project for the Eagle Point Marco's, and Catfish ing a fallen retaining • neering/design ser- Attorney Lindahl was adopted. • Clear • Well Reservoir Charlie's; Special Class ••wall. Motion by Con- vices required to Mayor Buol read the. Request for Proposals Rehabilitation Phase II "C" Liquor License to nors to receive and file .design a new down- . call and stated this is a (RFP) - Millwork Dis- (Pipe Coating) Project Jorja's Restaurant;. 'the document. Second- town parking ramp. regular session of the trict Streets and was adopted: Class' ."WCN" Wine ed .by - Jones. Ms. Motion by •Jones to City Council to act Utilities Improvements: Letter of Support - License to Stone Cliff Iwasaki spoke request- receive and file the upon such business City, dManager recom-' Upgrade of US High- . Winery; and. Class . ing assistancefrom the documents and .ap- ' a royal f • way 20 to Four Lanes': "WBN". Native Wine City regarding a fallen prove the recommen- that may. properly men ing pp come before the City the issuance of a City Manager recom- License to Keywest Council. • Request for Proposals mending approval of a Conoco and Casey's Pledge of Allegiance to seek qualified firms Letter of Support for General Store #2420 Invocation• was pro- interested in providing theJoDaviess/Stephen- were adopted. • vided by Reverend street' and • utility Judy Wadding of Hill.- design for the public crest Family Services. . infrastructure associ SWEARING -IN ated with. the Historic 'Mayor Pro-Tem Joyce Millwork District. Upon Connors motion the documents . PROCLAMATIONS were received, filed, Letter Carrier Food 'and approved.. Drive Day (May 9, 2009) . Acquisitions of Real. was' accepted by Steve Property / Easements: Heins, 2194 Southway mendingCitya Manager apprrel com- . Dave; 9,o29 Train request from the Engi- a Day (May 2009)Swas neering Departmentfor accepted 22bSue Cze- authorization to nego- siopeki,. Drive:. Sunny-tiate the purchase of slopk Daye> Arthritis "uncomplicated" • pro- 2009)Walk Day ,(May 16, perties and easements, MikewasClausen,asen1d by which have an Mikt 1730 mated fair market esti- Bristol Drive and Jay value of less than DDrive; nkKeyway $10,000 for • public Wive-a3'DrinkingWater improvement projects. Week- acceptedp3 y, 2009)tUpon motion the was Managerby Water documents were re- plant Bob ceived and .filed and RecognitionGreen; Public Service Resolution No. 139-09 (May ) as Allowing the use of the (May 4 - 10, 2009) wasr „Appraisal Waiver Pro - accepted aby Mayor vision" for purchase of BoaBoard Iowa School uncomplicated acquisi- Week (May Recognition tions for public im- 2009) was accepted116,. provement projects LLarry by ' was adopted. • Churchillarry LDrivee, nd Dubuque Levee and and489 Floodway System Souteh Brannon, Ave -Letter of Agreement nueth Grandview ve- with FEMA: City nue; Nursing Home Manager recommend- We9k (May . e1- 16, ing approval of a Pro- Michael2009) Terrill,s accepted by, visionally Accredited Michael Dubuque NAdurs- Levee (PAL) Letter of ing a and hab Center, Agreement with the ing and Rehab Federal Emergency nue; Kaufamnn MoAnth , Management Agency (May, 2009) Month • for the Dubuque Levee (May, 2009) was : and Floodway System. acceptedFrye, by GoldenSharen Upon motion the agl2032 documents were re - Preservation Month Drive;tonHistorictceived and filed and Preservation M s Resolution No..140-09 (May, 2009) was Authorizing execution accepted by. Historic second. offense toba2- u,u, y approval or aavernsemeut UI uiun _ _ •• co compliance viola-: the negotiated settle- for the Locust Street artwork for the 2009 tinginformationregard- tion for 16th Street ment with The Office. Sidewalk and Traffic. Art on' the River ing the alcohol' civil Auto Truck Plaza,.1215 • Upon motion the Signal Installation 8th-competition. Motion by. penalty for Tott's Tap. East 16th Street. Upon document was re- to' 12th Street Project Connors to receive and This item was added to motion the documents ceived,.. filed, and was adopted setting a , file the documents and the consent agenda were received, filed, approved. public hearing for, a approve the selection. upon settlement prior • and approved. Civil Service Commis- meeting to commence Seconded by Lynch. to the meeting. Alcohol Complian'e - sion: Civil Service Com= at 6:30, p.m. on May 18,. Motion carried 7-0. Unified Deyelopment Civil Penalties for mission submitting the 2009, in the Historic Washington Neighbor- Code Work' Session Alcohol License -Hold- certified lists for the Federal Building. • hood Development Dates: City .Manager ers: City Manager re- positions of Sanitation BOARDS/ •Corporation (WNDC): recommending that a . commending approve Driver and Laboratory COMMISSIONS City Manager recom- series of work sessions of . the Acknowledge- Technician. Upon mo- Applicants were mending approval of on the draft Unified men t/Sett I e m e n t tion the documents invited to address the the reaHocation of Development. Code be• Agreements for a first were received and filed City Council regarding $100,000 from the scheduled•for Monday, offense alcohol compli-.. and made a Matter of their desire'to serve on Homeownership May 12; Wednesday, ance violation -for The Record. the following -Boards/ Grants • to fund the May 27; Monday, June Channel Inn, 2010 Y2 Investment Policy Re- Commissions: Electri- activities of the Wash- 8; and Monday, June Kerner Boulevard; first certification:CityMana- cal Code Board: Two 3- ington Neighborhood 29. Motion by Jones to offense alcohol compli- ger. advising that the year terms through Development Corpora- receive and file the .ance • violation for City. of Dubuque's 'May 21, 2012 (Terms of tion. Motion by Jones documents and ap- Tott's Tap, 3457 Jack- investment policy has Schmidt and Uhlrich) to receive and file the prove the recommend - son Street; the 14-day been recertified by the (Electrical Experience/ documents and ed dates. Seconded by license suspension for Association of Public _ Background require- approvetherecommen- Voetberg.Braig stated Haun's Special Meats, Treasurers of the ment). Applicants: Bob dation. Seconded. by that she is not avail- 3033 Asbury Road; and United States and ' Schmidt, 2184 Orchard . ' Voetberg. Motion car- • able for the June 8 to set a first offense Canada. and approved Drive; and Paul Uhlrich, ried 70. session. • Lynch stated alcohol civil penalty for the Certificate of 489 Olympic • Heights Sidewalk Installation that he is not available hearing for May 18, Excellence Award. Road. Program (First Reading for the May 27 session. 2009 regarding The Upon• motion the PUBLIC HEARINGS on April! 20, 2009): Van Milligen stated Club House, 2364 documents were re- Upon motion the rules . Motion by Connors to that. dinner would be Washington, Street. • ceived and filed. ' were suspended allow- receive and file the served at 5:0o p.m. Upon motion the Legislative Correspon- ing anyone present to documents 'and that with the work session , documents were ' re- dence: Correspon- address the City the requirement that a starting at 5:30 p.m. ceived, filed, •and , a dence • to area legis- . Council. • .proposed ordinance•be Motion carried 7-0. ' Penalty,• Hearing was lators thanking them Kephart Building Roof. -considered and voted ' East / West Corridor set for May 18, 2009. for their efforts this Replacement Project: on for passage at two Study Work Session Quarterly Investment legislative session to . Proof of publication on Council meetings prior Date: City Manager Report: City Manager ' ensure that progress in notice of public hear- to the meeting at recommending that a transmitting the March the State of Iowa ing to consider • the which it is to be passed work session be sche- 31, 2009 ' Quarterly continues and that plans, specifications, be suspended. Second- duled for 5:00 p.m. on Investment Report. Eastern Iowa, and form of contract, and 'ed by Jones. ' Motion Monday, July 20, 2009, • Upon motion the specifically the City of estimated cost for the carried 6-1 with Lynch to provide an .update • documents were re-. Dubuque, is a part of Kephart Building Roof voting nay. an the East West ceived and filed. that progress. Upon Replacement Project Motion by Connors for Corridor Connectivity Citizen Communica- . motion the documents and City Manager final consideration and Study. Motion by Jones Lion: • Communication were received and recommending. appro- passage of 'Ordinance to receive•and.file the ler filed.. . val and award of the No.' 25-09 Amending documents and ap retaining wall from an dation adding bicycle adjacent home behind parking to the design. her property stating Seconded by Connors. that the owner cannot Motion carried 7-0. Notary Public in and MARY K. W Commission My Comm. E