The URL can be used to link to this page

Proof of Publication_City Council Proceedings 6 15 09referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Richard Rokusek for property damage; Allied Property and Casualty Insurance for vehicle damage; The Durrant Group /Gary Bechtel for vehicle damage: John Butcher for vehicle damage. Upon motion the documents were received and filed and concurred. Green Alley Pilot Project -Alley between Jackson and White Streets from 11th to 13th Streets: City Manager recommend- ing award of the contract for the Green Alley Pilot Project - Alley between Jackson and White Streets from 11th to 13th Streets to Portzen Construction, Inc. in the amount of $215,274.25. Upon mo- tion the documents were received and filed and Resolution No. 193- 09 Awarding public improvement contract for the Green Alley Pilot' Project (11th 13th between White and Jackson Streets) was adopted. Trolley Line Trail - Eagle Point Park Project: City Manager recommending award of the contract for the Trolley Line Trail - Eagle Point Park Pro- ject to Portzen Con- struction, Inc. in the amount of $202,216.00. Upon motion the docu- ments were received and filed and Reso- lution No. 194-09 Awarding public im- provement contract for the Eagle Point Trolley Line Trail Project was adopted. North Fork Catfish Creek Sanitary Sewer Project -Phase I: City Manager recommend- ing award of the contract for the North Fork Catfish Creek Stormwater and Sani- tary Sewer Improve- ments Project -Phase I to Anstoetter Construc- tion Co. in the amount of $781,801.00. Upon motion the documents were received and filed and Resolution No. 195- 09 Awarding public improvement cunuact i IIU4LIVI1 1 IIULIUC VI public hearing to LU UUII~IUCI a~1~./IVVQI VI the plans, specifica- ' consider a request tions, form of contract '' from Tom Kluck to and estimated cost for '~ rezone property lo- the North Fork Catfish I Gated north of the Creek Stormwater and University Avenue and Sanitary Sewer Im- Ethel Street inter- provements Project - section from OR Office Phase II and City Man- Residential District to ager recommending PUD Planned Unit approval. Motion by Development District Braig to receive and ~ with a PR Planned file the documents and ~ Residential District adopt Resolution No. designation and 205-09 Approving adopting a conceptual plans, specifications, ; development plan and form of contract, and Zoning Advisory Com- estimated cost for the ~ mission recommending North Fork Catfish approval. Motion by Creek Sanitary Sewer Lynch to receive and Project - Phase II. file the documents and Seconded by Jones. that the requirement Motion carried 6-0. ~ that a proposed ordi- Dubuque Industrial Hance be considered Center West - North and voted on for Siegert Farm Phase III passage at two Council Project: Proof of publi- meetings prior to the cation on notice of meeting at which it is public hearing to con- to be passed be sus- sider approval of the pended. Seconded by plans, specifications, Braig. Motion carried 6- form of contract and 0. Planning Services , estimated cost for the ' Manager Laura Car- DubuquelndustrialCen- ° steps provided a staff ter West -North Sie- .s report. Mike Ruden, gert Farm Phase III ~~ IIW Engineers and Project and City Mana- '~ Surveyors, 3256 Arrow- ger recommending ap- wood Lane, reviewed proval. Motion by e the site plan. Lynch to receive and a Motion by Lynch for file the documents and ~- final consideration and adopt Resolution No. e passage of Ordinance 206-09 Approving plans, '- No. 27-09 Amending specifications, form of 'f Appendix A (The Zon- contract, and estimat- '- ing Ordinance) of the ed cost for the Dubu- ~- City of Dubuque Code of Ordinances by re- que Industrial Center 'n West - N rth Si 'e classifying hereinafter o egert Farm Phase III Project. s described property Seconded by Braig. "~ located north of the Motion carried 6-0. University Avenue and National Mississippi Ethel Street inter- River Museum and section from OR Off ice Aquarium River Center " ~ '~(epsanyl ,~ aui~peaa ~UDdI[l0~7D ~s/!W .jUBW~D~/* ~(~~~igD~rDnD uo pasvq ~o~o~ Project-Phase I1: Proof I of publication on notice of public n hearing to consider E approval of the plans, r specifications, form of i contract and estimated ~ cost for the National Mississippi River Museum and Aquarium River Center Project - I Phase II and City ~ Manager recommend- , ing approval. Motion ' by Braig to receive and file the documents and adopt Resolution No. 207-09 Approving plans, 3 specifications, form of contract, and esti- mated cost for the National Mississippi River Museum and Aquarium River Center Project - Phase II. e Seconded by Voetberg. e Dubuque County Histor- e ical Society Executive s Director Jerry Enzler, t 531 W. Heller, East Duflupue, thanked the City Council for their partnership on this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Main Street Quarterly Report: Dubu- que Main Street Direc- tor Dan Lo Bianco, 3533 West Way Drive, pre- sented aslide presen- tation on the quarterly activities of Dubuque Main Street. Motion by Braig to receive and file the documents. Seconded by Voetberg. Motion carried 6-0. Urban Development Action Grant (UDAG) Loan Agreement - Genuine Genius Solu- tions (Tabled at meet- ing of June 1, 2009): City Manager recom- mending approval to amend the $40;000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solu- STA~t~~: OF IOWA {SS: DUBUQUE COUN t Y 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: June 24, 2009, and for which the charge is $339.77. ~~ ~~ Subscribed to before 1 otary Public in and for Dubuque County, Iowa, this ~~~ day of , 20 D9 . U Notary Public in and for Dubuque County, Iowa. tea,^L p MARY K. WESTEP.MEYER Commission Number 154885 ~r~,f~ My Comm. Exp. FEB. 1, 2011 y, vY~ motion the documents were received and filed and Resolution No. 195- 09 Awarding public improvement cunuact for the North Fork Catfish Creek Storm- water and Sanitary Sewer Improvements Project -Phase I was adopted. Roosevelt Park Mas- t ter Plan Consultan Selection: City Mana- ger recommending approval of the selection of Confluence --- as the consultant tc H develop the Rooseve CITY OF DUBUQUE, park Master Plan. Upor IOWA motion the document CITY COUNCIL were received, filed PROCEEDINGS and approved. The Dubuque City Quince Street Under Council met in regular ground Utility Recon session at 6:30 p.m. on struction Project: Cit~ June 15, 2009 in the Manager recommend Historic Federal Build- ~n e tr Ce ing. Under eet 9ince S Q Present: Mayor Pro- ground Utility Recor Tem Connors, Council struction Project a Members Braig, Jones, completed by To Lynch. Resnick, Voet- Grade Excavating, Ini berg, City Manager of Dubuque, Iowa, i Van Milligen, City the final contrar Attorney Lindahl amount of $102,573.] Absent: Mayor Roy D. and establishment i aunt the Final Schedule ~ Pledge of Allegiance Invocation was provided by Deacon David McGhee of the Church of the Nativity PROCLAMATIONS Colts Drum and Bugle Corps (June 30 and July 31,2009) was accepted by Colts Youth Prog- ram Director Vicky Schaffer, 2685 Broad- way Street; Monarch Moments Month (July, 2009) was accepted by Sue Frank, 2937 Bur- lington Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/5; City Council of 6/1 and 6/8; Civil Service Com- mission of 5/14 and 5/15; Community Deve- lopment Advisory Com- mission of 4/22; E n v i ro n m e ntalStew ard- ship Advisory Com- mission of 5/5; Historic Preservation Com- mission of 5/21; Housing Commission Trust Fund Committee of 9/29/08; Human Rights Commission of 3/9 and 4/30; Park and Recreation Commis- sion of 5/12; Zonin Advisory Commissio of 6/3; Zoning Board o Adjustment of 5/28 Proofs of publicatio of City Council Pro ceedings of May 18 an May 27, 2009 and Lis of Claims and Sum mart' of Revenues fo Month Ended April 3 2009 Upon motion th documents were r ceived and filed. Notice of Claim Suits: The Durra Group /Gary Becht for vehicle damag James J. Butcher f vehicle damage; 5 Craven for vehic damage. Upon moti the documents we received and filed ar motion the documents were received and filed and Resolution No. 196- 09 Accepting the Quince Street Under- ground Utility Recon- struction Project and authorizing payment to the contractor and Resolution No. 197-09 Adopting the final assessment schedule for the Quince Street Underground Utility Reconstruction Project were adopted. Historic Preservation Commission Advisory Design Review - Library Entry Plaza: Historic Preservation Commission recom- mending approval of the Library Entry Plaza as presented with broom finished colored concrete paving com- patible with the colors of the approved Library sidewalk pattern. Upon motion the documents were received, filed, and approved. 2009 Justice Assist- ance Grant (JAG) Appli- cation: City Manager recommending appro val of the 2009 JusticE Assistance Grant (JAG: application. Upon mo tion the document° were received, filed and approved. Iowa Power Funr Application for Smar g Water Meter Replace n ment Program: Cit f Manager recommenc ing approval of th n submittal of - $2,000,000 Iowa PowE d Fund grant applicatio t to implement th - Smart Water Metf r Replacement Prograr 0, Upon motion tf documents wei e received, filed, ar e- approved. Fiscal Year 2010 Ar s/ and Culture Fundir nt program: Arts ai el Culture Affai e; Advisory Commissi~ or recommending appr ue val of twelve Fist le Year 2010 Arts a on Culture Operati re Support funding referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: 4870 or 563-59 Contractors :oof Problem; STATE RO( WE SPECIALIZE IN FS & SHINGI JMMERCIAL• OWNER 56-010 the Business since 196E Automotive Services Special and 16 pt. inspection Some me )n Special S.1013B111103 dns g aolnJaS le001 do-Aoid aead sa;ewi;s3 0014 IJGS aay3o Aue Limn B do -aunt aaad ZI'-99S JOO GU uoddns-;dlgpsuo; iatndwo3 5S) J0 61L9-?8S (E9S) D d//eoog up pue sDugej au16 • )wad ul 6ulzllP!oadS • pue ueaIO sl i.ed.wo • 2J x3 6ulueaDO clam • wnj Pa81p0 hop Sa3!AJas $u!Ueai3 ual installment of icipal and interest she special assess - :it prior to the delin- ncy date of the in- :Iment. ;API unpaid install- i its of any assess - it may be paid in on any date, in ch case interest iI be computed on outstanding bal- e to the first day of :ember following date of such pay - it; and additional ual installments be paid after the rent installment has !n paid before De- ter 1 without inter- eference is hereby le to said final as- sment Schedule for Jescri ion of the ticular lots or tracts 1 the ousts of the d r, assessments reon, as determined ' fixed by the Coun- y order of the City moil of the City of Jury, Iowa. Elizabeth Bonz City Clerk /17,24 quests and authori- es& zation for the City 1-05 Manager to sign the Inc • funding agreements. 3ee Upon motion the :olt I documents were an received, filed, and 3ee r approved. !en, F Fiscal Year 2010 !en: s Special Projects Arts !en: e and Culture Grants: tior b Arts and Cultural p Affairs Advisory Com- b mission recommending alapproval of the Fiscal slYear 2010 Arts and biCulture Grants for ttSpecial Projects and authorization for the biCity Manager to sign an wthe grant agreements. icia 3lUpon motion the luo documents were re- tar ceived, filed, and r approved. FO Eide Bailly Audit G 1 Agreement: City Mana- I to t ger advising that the the F Eide Bailly Audit the ( Engagement Letter has the v been signed for the as f Fiscal Year ending June rect r 30, 2009. Upon motion to 1 the documents were as n received and filed. aw. d PEG Capital Grant les. i Expenditure Request: r City Manager recom- nue r mending approval of eea the Cable TV Tele- we- ITICE OF FILING OF r Programming Com- as NAL ASSESSMENT c mission recommen- Dm- the tc 'car ,neq que Teri an Project - Phase II: Proof i; of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the National Mississippi River Museum and Aquarium River Center Project - Phase II and City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 207-09 Approving plans, specifications, form of contract, and esti- mated cost for the National Mississippi River Museum and Aquarium River Center Project - Phase II. Seconded by Voetberg. Dubuque County Histor- ical Society Executive Director Jerry Enzler, 531 W. Heller, East Dubuque, thanked the City Council for their partnership on this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS :HEDULE FOR THE t dation for funding from of Dubuque Main Street iBURY ROAD SIDE F the Public, Educational, iro- Quarterly Report: Dubu- 4LK IMPROVEMENT r and Government (PEG) inn- que Main Street Direc !OJECT - PHASE 1A F Capital Grant for -om tor Dan LoBianco, 3533 ASBURY, IOWA t Access Equipment and rive West Way Drive, pre- 1-0 WHOM IT MAY r Facilities for up to !nts sented a slide presen- VCERN: Take notice r $40,000 for the neces- a tation on the quarterly fha nf„ �f activities of Dubuque rut.aivu „ „ �, L, ,,,,� ,,, Main Street. Motion by University Avenue and National Mississippi Braig to receive and Ethel Street inter- River Museum and file the documents. section from OR Office Aquarium River Center Seconded by Voetberg. Motion carried 6-0. Urban Development Action Grant (UDAG) Loan Agreement - Genuine Genius Solu- tions (Tabled at meet- ing of June 1, 2009): City Manager recom- mending approval to amend the $40;000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solu- I '/epsany j auilpeaa Ifundwo»n gnu/ ;uatuADd* I?eia aged g/ I I(; MEWDAD UO pasnq Jo/o3 mop abed g/! 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: June 24, 2009, and for which the charge is $339.77. ' Subscribed to before otary Public in and for Dubuque County, Iowa, this jQ cj day of , 20 D 9 . Notary Public in and for Dubuque County, Iowa. ,P^r MARY K. WESTERMEYER °-f Cnmm scion Number 154885 mFEB. 1, 7011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 15, 2009 in the Historic Federal Build- ing. Present: Mayor Pro- Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Roy D. Buol Pledge of Allegiance Invocation was provided by Deacon David McGhee of the Church of the Nativity PROCLAMATIONS Colts Drum and Bugle Corps (June 30 and July 31, 2009) was accepted by Colts Youth Prog- ram Director Vicky Schaffer, 2685 Broad- way Street; Monarch Moments Month (July, 2009) was accepted by Sue Frank, 2937 Bur- lington Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/5; City Council of 6/1 and 6/8; Civil Service Com- mission of 5/14 and 5/15; Community Deve- lopment Advisory Com- mission of 4/22; Envi ronmentalSteward- ship Advisory Com- mission of 5/5; Historic Preservation Com- mission of 5/21; Housing Commission Trust Fund Committee of 9/29/08; Human Rights Commission of 3/9 and 4/30; Park and Recreation Commis- sion of 5/12; Zoning Advisory Commission of 6/3; Zoning Board of Adjustment of 5/28 Proofs of publication of City Council Pro- ceedings of May 18 and May 27, 2009 and List of Claims and Sum- mary of Revenues for Month Ended April 30, 2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: The Durrant Group / Gary Bechtel for vehicle damage; James J. Butcher for vehicle damage; Sue Craven for vehicle damage. Upon motion the documents were received and filed and Alley between Jackson and White Streets from llth to 13th Streets to Portzen Construction, Inc. in the amount of $215,274.25. Upbn mo- tion the documents were received and filed and Resolution No. 193- 09 Awarding public improvement contract for the Green Alley Pilot' Project (llth 13th between White and Jackson Streets) was adopted. Trolley Line Trail - Eagle Point Park Project: City Manager recommending award of the contract for the Trolley Line Trail - Eagle Point Park Pro- ject to Portzen Con- struction, Inc. in the amount of $202,216.00. Upon motion the docu- ments were received and filed and Reso- lution No. 194-09 Awarding public im- provement contract for the Eagle Point Trolley Line Trail Project was adopted. North Fork Catfish Creek Sanitary Sewer Project - Phase I: City Manager recommend- ing award of the contract for the North Fork Catfish Creek Stormwater and Sani- tary Sewer Improve- ments Project - Phase I to Anstoetter Construc- tion Co. in the amount rsof $781,801.00. Upon ;motion the documents were received and filed and Resolution No. 195- :09 Awarding public li improvement contract for the North Fork Catfish Creek Storm - water and ' Sanitary Sewer Improvements Project - Phase I was adopted. Roosevelt Park Mas- ter Plan Consultant Selection: City Mana- ger recommending approval of the selection of Confluence as the consultant to develop the Roosevelt Park Master Plan. Upon motion the documents were received, filed, and approved. Quince Street Under- ground Utility Recon- struction Project: City Manager recommend- ing acceptance of the Quince Street Under- ground Utility Recon- struction Project as completed by Top Grade Excavating, Inc. of Dubuque, Iowa, in the final contract amount of $102,573.17 and establishment of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 196- 09 Accepting the Quince Street Under- ground Utility Recon- struction Project and authorizing payment to the contractor and Resolution No. 197-09 Adopting the final assessment schedule for the Quince Street Underground Utility Reconstruction Project were adopted. Historic Preservation Commission Advisory Design Review - Library Entry Plaza: Historic Preservation Commission recom- mending approval of the Library Entry Plaza as presented with broom finished colored concrete paving com- patible with the colors of the approved Library sidewalk pattern. Upon motion the documents were received, filed, and approved. 2009 Justice Assist- ance Grant (JAG) Appli- cation: City Manager recommending appro- val of the 2009 Justice Assistance Grant (JAG) application. Upon mo- tion the documents were received, filed, and approved. Iowa Power Fund Application for Smart Water Meter Replace- ment Program: City Manager recommend- ing approval of the submittal of a $2,000,000 Iowa Power Fund grant application to implement the Smart Water Meter Replacement Program. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Arts and Culture Funding Program: Arts and Culture Affairs Advisory Commission recommending appro- val of twelve Fiscal Year 2010 Arts and Culture Operating Support funding re- reon,s determined fixed by the Coun- t' order of the City incil of the City of ,ury, Iowa. Elizabeth Bonz City Clerk /17, 24 1TICE OF FILING OF NAL ASSESSMENT :HEDULE FOR THE iBURY ROAD SIDE iLK IMPROVEMENT F and diGovernment nt (PEG) for.omG 'OJECT - PHASE 1A ASBURY, IOWA J Access Equipment and rive FO WHOM IT MAY c Facilities for up to nts VCERN: Take notice c $40,000 for the neces- a -bead rn�lnril-�f f+c�-1vvvLivi ,cart -_- University Avenue and National Mississippi Ethel Street inter- River Museum and section from OR Office Aquarium River Center ,yayCl Lilt r 'A psanyl au!lpeaa v been signed for the as f Fiscal Year ending June rect r 30, 2009. Upon motion to 1 the documents were as n received and filed. aw. d PEG Capital Grant les. i Expenditure Request: F City Manager recom- nue r mending approval of eea ii the Cable TV Tele- ve- r Programming Com- ase c mission recommen- 5m- t dation for funding from of F the Public, Educational, iro- AUDdwo»»D JsJ1W }UaWJ{Dd* vele aged g/ 1 �(;i/�gD/iDnn uo pasvq .Joio.) 1£$ aoio) aged 8/ 1 I Director Jerry nzier, 531 W. Heller, East Dubuque, thanked the City Council for their partnership on this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Main Street Quarterly Report: Dubu- que Main Street Direc- tor Dan LoBianco, 3533 West Way Drive, pre- sented a slide presen- tation on the quarterly activities of Dubuque Main Street. Motion by Braig to receive and file the documents. Seconded by Voetberg. Motion carried 6-0. Urban Development Action Grant (UDAG) Loan Agreement - Genuine Genius Solu- tions (Tabled at meet- ing of June 1, 2009): City Manager recom- mending approval to amend the $40';000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solu- certify that the attached notice was published in said newsy dates: June 24, 2009, and for which the charge is $339.77. Subscribed to before this Joe; day of otary Public in and for Dubuc , 20 05 Notary Public in and for Du MARY K. W Commission My Comm. E quests and authori- zation for the City Manager to sign the funding agreements. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Special Projects Arts and Culture Grants: Arts and Cultural Affairs Advisory Com- mission recommending approval of the Fiscal Year 2010 Arts and Culture Grants for Special Projects and authorization for the City Manager to sign the grant agreements. Upon motion the documents were re- ceived, filed, and approved. Eide Bailly Audit Agreement: City Mana- ger advising that the Eide Bailly Audit Engagement Letter has been signed for the Fiscal Year ending June 30, 2009. Upon motion the documents were received and filed. PEG Capital Grant Expenditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Com- mission recommen- dation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for up to $40,000 for the neces- sary equipment to offer a free high school video production pro- gram at the Dubuque Art Center. Upon motion the documents were received, filed, and approved. Bank Transfers - Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending appro- val for certain Finance Department employees to obtain information and make transfers between City of Dubuque / Dubuque Metropolitan Area Solid Waste Agency bank accounts. Upon ,motion the documents were received and filed and Resolution No. 198- 09 Authorizing certain City of Dubuque Finance Department employees to obtain bank account infor- mation and make transfers between City of Dubuque bank accounts within a banking institution was adopted. Water Meter Change - Out Project Consultant: City Manager recom- mending approval of the selection of HDR Engineering as the City's consultant for the construction and procurement of the Water Meter Change - Out Project. Upon motion the documents were received, filed, and approved. Dubuque Humane Society: Communi- cation from Jane McCall, Dubuque Hu- mane Society, with- drawing their dog park proposal. Upon motion the document was received and filed. Keyline Transit Bus Procurement: City Man- ager recommending approval to proceed with the procurement of two heavy duty buses and one light duty bus • with economic stimulus funding. Upon motion the ,documents were received, filed, and approved. Port of Dubuque Adams Development, LLC - Durrant Project: City Manager recom- mending approval of the Partial Assignment of Development Agree- ment and Collateral Assignment of Deve- lopment Agreement for the Port of Dubuque Adams Development, LLC - Durrant Project to Stonekey Properties, LLC. Upon motion the documents were received, filed, and approved. Roshek Building / IBM Redevelopment Pro- • ject: City Manager recommending appro- val of a revised Notice and. Consent Agree- ment by and among the City, Dubuque Bank and Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC, an entity that is being created as part of the tax credit transactions involving the Roshek Building / IBM Redevelopment Project. Upon motion the documents were received and filed. and Resolution No. 199-09 Approving and author- izing execution of a revised Form of Notice and Consent Agree- ment by and among the City of Dubuque, Iowa, Dubuque Bank & Trust Company, Dubu- que Initiatives, and Roshek Building Invest- ment Fund, LLC, was adopted. Liquor License Trans- fer: Request of the American Legion Post #6 to transfer their liquor license to Nativity Church on July 2, 2009. Upon motion the documents were received, filed, and approved. Liquor / Tobacco License Applications: City Manager ' recom- mending approval of annual liquor license renewals as submitted. Upon motion the docu- ments were received and filed and Reso- lution No. 200-09 Granting the issuance of twenty-eight renew- al licenses to sell cigarettes and ciga- rette papers; Reso- lution No. 201-09 Granting the issuance of a Class "B" Beer Permit to the Colts Community Center and a Class "C" Beer Permit to Walgreens #6154, Walgreens #9708 and Walgreens #11942; and Resolution No. 202-09 Granting the issuance of a Class "C" Beer/Liquor,. License to Los Aztecas III Mexican Restaurant, Creslanes Bowling, Dubuque. Bowling Lanes, Ameri- can Legion #6 and Applebee's Grill and Bar; and a Special Class "C" Liquor License to the Rotary Club were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 6-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project, Phase II: City Manager recom- mending initiation of the public bidding pro- cess for the Penn- sylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project and that a referred to the_. Cjty_ public hearing be set dale Street - (qualifies for July 6, 2009. Upon for at -large or business motion the documents professional); Geri were received and filed Shafer, 1207 Adeline and Resolution No. 203- Street (qualifies for at- 09 Preliminary appro- large or business val of plans, specifi- professional); Julie cations, form of con- Steffen, 2260 Coates tract, and estimated Street (qualifies for at - cost; setting date of large or business public hearing on professional within plans, specifications, district); Peggy Stover, form of contract, and 1145 Locust Street estimated cost; and (qualifies for at -large ordering the adver- or business profes- tisement for bids for sional within district) the Pennsylvania Ave- Upon roll call vote, nue from IA 32 to Ellen Henkels and Geri Vizaleea Drive Safety. Shafer were re - Improvements Project appointed to at -large was adopted setting a terms on the Arts and public hearing for a Cultural, Affairs Ad - meeting to commence visory Commission at 6:30 p.m. on July 6, through June 30, 2012, 2009 in the Historic and Julie Steffen was Federal Building. re -appointed to the BOARDS/ business professional COMMISSIONS (working within the Appointments to the Entertainment/Cultural following Boards/Com- District) term through missions: June 30, 2012. Arts and Cultural Building Code Appeals Affairs Advisory Com- Board: Three 3-year mission: Three 3-year terms: 1 at -large terms through June 30, through August 1, 2011, 2012 (Terms of Hen- term of Jahns; 2 newly kels, Steffen, Shafer), formed ADA Repre- (1 at -large, 2 busi- sentatives with terms ness/professionals of determined by appoint - which one must live or ment date. Applicants: work within the Cul- Ryan Anglese, 2752 tural and Entertain- Carlton; Marla Cruise, ment District). Appli- 905 Rockdale Road cants: Ellen Henkels, (ADA representative). 890 W. 3rd Street Motion by. Lynch to (qualifies for at -large appoint Ryan Anglese or business pro- to a 3-year term fessional); Molly through August 1, 2011, McDonough,1787 Lawn- and Marla Cruise to a 3- g do -aunt aaad n1-999 Jo° eqj poddng-.ugLnsuo3 ialndluo3 99) J0 6149-Z89 (699) 0,Ileool IJO pue solJgej aulj . >waa (II 6ulzlleloadS • pue u9eI3 sl 4adJe3 • eX4x3 bulueaI3 daaa • wn j pargiP 3 year term as the ADA Residential District to representative through PUD Planned Unit project -Pha( August 1; 2012. Second- Development District of publica ed by Braig. Motion with a PR Planned notice of carried 4-2 with Res- Residential District hearing to nick and Voetberg designation and adopt- approval of voting nay. ing a conceptual deve- Civic Center Commis- lopment plan. Second- specification sion: Two 3-year terms ed by Braig. Motion through June 29, 2012 carried 6-0. (Terms of Fuller and Request to Rezone - Parks).Applicants:Cyn- Key Way Drive: Proof thia Fuller, 960 Prince of publication on Phillip Drive; Bryce notice of public hear - Parks, 2005 N. Main ing to consider a Street. Motion by Jones request from Steve to re -appoint Cynthia Boge / Clark and Linda Fuller and Bryce Parks Wolff to rezone pro - contract and cost for the Mississippi Museum and River Centel Phase II Manager re ing approv, by Braig to r file the doci adopt Resc to . 3-year terms perty located east of 207-09 Apprc through June 29, 2012. Keyway Drive from C-3 s ecificatior Seconded by Braig. General Commercial contract, Motion carried 6-0. District to PUD Planned mated cos Historic Preservation Unit Development Dis- National Commission: Four 3- trict with a PR Planned River Mus year terms through Residential District Aquarium F July 1, 2012 (3 at -large, designation and adopt- project - 1 Cathedral Historic ing a conceptual deve- Seconded b District resident or lopment plan and DubbqueCc . interim; Terms of Zoning Advisory Com- ical Societ Bichell, Lundh, Olson, mission recommending Director 1( Knight/current inter- approval. Motion by 531 W. E im). Applicants: Chris- Jones to receive and Dubuque, ten Happ Olson, 1090 file the documents and City Counc 'Grove Terrace (quali- that the requirement partnershil fies for at -large or that a proposed ordi- project. Mc interim) Shayne Henry, 160 Devon Drive (qualifies for at -large or interim); Michael Knight, 942 Mt. Pleasant Street (quali- fies for at -large or interim); Mary Loney Bichell, 595 W. llth Street (qualifies for at - large or interim); Peggy Stover, 1145 Locust Street (qualifies for at -large or interim). Upon roll call vote, Christine Olson, Mich- ael Knight, Mary Loney Bichel, and Peggy Stover were appointed to - 3-year terms through July 1, 2012. (Specific service areas will be determined at the July 6, 2009 City Council meeting.) Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Lassance and Melendez). Appli- cants: Brad Chalmers, 1095 W. 3rd Street; Paul Lassance, 4846 Embassy Court; Hiram Melendez, 1920 Shelby Street. Upon roll call vote Brad Chalmers and Hiram Melendez were appointed to 3- nance be considered 6-0. and voted on for Upon mot passage at two Council were rein! meetings prior to the ng discus meeting at which it is City Counc to be passed be sus- ACTIC pended. Seconded by Dubuque Braig. Motion carried 6- Quarterly I 0. Planning Services que Main Manager Laura Car- tor Dan Lc stens provided a staff West Wa report. Steve Boge, sented a 2802 ° Katrina Circle, tation on spoke in support of the activities proposed ordinance. Main Stre Motion by Jones for Braig to final consideration and file the passage of Ordinance Seconded No. 28-09 Amending Motion ca Appendix A (The Urban Zoning Ordinance) of Action C the City of Dubuque Loan A Code of Ordinances by Genuine reclassifying herein- tions (Ta after described pro- ing of J perty located east of City Mai Keyway Drive from C-3 mending General Commercial amend District to PUD Planned Urban Unit Development Dis- Action I trict with a PR Planned Loan Ag Residential District Genuine designation and adopt- • ing a conceptual deve- lopment plan. Second- ed by Lynch. Motion carried 6-0. Text Amendment - Dubuque Initiatives: Proof of publication on year terms through notice of public July 1, 2012. hearing to consider a Long Range Planning request from Jeff Mor- Advisory Commission: ton / Dubuque Initia- • Two 3-year terms tives to amend Section through July 1, 2012 4-3.11 Sign Regulations (Terms of Darter and to place a freestanding Stein). Applicants: Chad sign along the 7th Darter, 2544 Matthew Street frontage in a C-5 John Drive; Lou Central Business Dis- Oswald, 180 Nowata trict and Zoning Advi- Street. Motion by Jones sory Commission re - to appoint Chad Darter commending approval. to a 3-year term Motion by Jones to through July 1, 2012. Seconded by Braig. Motion carried 6-0. Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term of Duggan). Applicants: Robert Blocker, 880 Kane Street; Charles Dug- gan, 2317 Beacon Hill Drive; Shayne Henry, 160 Devon Drive; David Schlueter, 3645 Cres- cent Ridge. Upon roll call vote Robert Blocker was appointed to a 3-year term through June 30, 2012. TV Cable Regulatory Commission: One 3- year term through June 30, 2012 (Term of Ellis). Applicant: Charlie Ellis, 373 S. Grandview Ave- nue. Motion by Jones to appoint Charlie Ellis to a 3-year term through June 30, 2012. Seconded by Braig. Motion carried 6-0. TV Cable Community Teleprogramming Com- mission: Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDon- ough). Applicants: Jen- nifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive Motion by Braig to appoint Jennifer Tigges and Alan Vin- cent to 3-year terms through June 30, 2012. Seconded by Lynch. Motion carried 6-0. Zoning Advisory Com- mission: Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie). Appli- cants: Ryan Anglese, 2752 Carlton Avenue; Stephen Hardie, 62 Fremont Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Upon roll call vote Stephen Hardie `and Charles Miller were re -appointed to 3- year terms through July 1, 2012. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Request to Rezone - University Avenue be- tween Ethel and Prysi Streets: Proof of pub- lication on notice of public hearing to consider a request tions, form of contract from Tom Kluck to and estimated cost for rezone property lo- the North Fork Catfish receive and file the documents and that the requirement that a 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 Braig. Motion carried 6-0. Planning Services Manager Laura Carstens pro- vided a staff report. Architect Jeff Morton, 206 Bluff Street, spoke in support of the proposed ordinance. Motion by Jones for final consideration and passage of Ordinance No. 29-09 Amending Appendix A (The Zon- ing Ordinance) of the City of Dubuque Code of Ordinances by re- pealing Section 4-3.11 Schedule of Sign Regu- lations for the C-5 Cen- tral Business Dist-rict and adopting Sec-tion 4-3.11 Schedule of Sign Regulations for the C-5 Central Business Dis- trict in lieu thereof, pertaining to the ad- dition of freestanding identification signs along 7th Street from Locust Street to the alley. Seconded by Braig. Motion carried 6-0. Urban Renewal Tax Increment Revenue Notes - 40 Main, LLC: Proof of publication on notice of public hear- ing to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redeve- lopment of the building at 40 Main Street by 40 Main, LLC and City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 204-09 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes.Second- ed by Resnick. Motion carried 6-0. North Fork Catfish Creek Sanitary Sewer Project - Phase II: Proof of publication on no- tice of public hearing to consider approval of the plans, specifica- Siege Projec cation public sider plans, form estim Dubuq ter W gert Projec ger re proval Lynch file the adopt passage of Ordinance 206-09 No. 27-09 Amending specifi Appendix A (The Zon- contra ing Ordinance) of the ed cos City of Dubuque Code que In of Ordinances by re- West classifying hereinafter Farm P described property Second located north of the Motion University Avenue and Nati Ethel Street inter- River section from OR Office Aquariu ..y my 1, Luiz (Terms of Darter and Stein). Applicants: Chad Darter, 2544 Matthew John Drive; Lou Oswald, 180 Nowata Street. Motion by Jones to appoint Chad Darter to a 3-year term through July 1, 2012. Seconded by Braig. Motion carried 6-0. Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term of Duggan). t Applicants: Robert Biocker, 880 Kane b Street; Charles Dug- e gan, 2317 Beacon Hill c Drive; Shayne Henry, 5 160 Devon Drive; David L Schlueter, 3645 Cres- v cent Ridge. Upon roll A call vote Robert 2 Biocker was appointed in to a 3-year term p through June 30, 2012. TV Cable Regulatory fi Commission: One 3- p year term through June N 30, 2012 (Term of Ellis). A Applicant: Charlie Ellis, in 373 S. Grandview Ave- C nue. Motion by Jones of to appoint Charlie Ellis p to a 3-year term Sc through June 30, 2012. I Seconded by Braig. tr Motion carried 6-0. an TV Cable Community 4- Teleprogramming Com- Re mission: Three 3-year Ce terms through June 30, tri 2012 (Terms of Tigges, pe Vincent, and McDon- dit ough). Applicants: Jen- ide • nifer Tigges, 4927 Wild 7t Flower Drive; Alan St Vincent, 1010 Dunham Se Drive Motion by Braig Mo to appoint Jennifer Tigges and Alan Vin- Inc cent to 3-year terms No through June 30, 2012. Pro Seconded by Lynch. no Motion carried 6-0. ing Zoning Advisory Com- iss mission: Two 3-year exc terms through July 1, Urb 2012 (Terms of Miller Inc and Hardie). Appli- Not cants: Ryan Anglese, mix 2752 Carlton Avenue; lop Stephen Hardie, 62 at 4 Fremont Avenue; Ma Charles Miller, 7010 Ma Asbury Road; Ferd ing Nesler, 4125 Mt. Alpine by Street. Upon roll call and vote Stephen Hardie and and Charles Miller No. were re -appointed to 3- pro year terms through add July 1, 2012. the PUBLIC HEARINGS exce Upon motion the rules Ren were suspended allow- Rev ing anyone present to ed address the City carr Council. N Request to Rezone Cree University Avenue be- Proj tween Ethel and Prysi of p Streets: Proof of pub- tice lication on notice of to co public hearing to the consider a request tions from Tom Kluck to and rezone property lo- the cated north of the Cree University Avenue and Sanit Ethel Street inter-prov section from OR Office Phas Residential District to ager PUD Planned Unit appr Development District Braig with a PR Planned file t Residential District adop designation and 205-0 adopting a conceptual plans development plan and form Zoning Advisory Com- estim mission recommending .. North approval. Motion by Creek Lynch to receive and Proje file the documents and Secon that the requirement Motio that a proposed ordi- Du nance be. considered Cente and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 6- 0. Planning Services Manager Laura Car- stens provided a staff report. Mike Ruden, IIW Engineers and Surveyors, 3256 Arrow - wood Lane, reviewed the site plan. Motion by Lynch for final consideration and 4-3.11sign Regulations to place a freestanding sign along the 7th Street frontage in a C-5 Central Business Dis- trict and Zoning Advi- sory Commission re- commending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior o the meeting at which it is to be passed e suspended. Second- d by Braig. Motion arried 6-0. Planning ervices Manager aura Carstens pro- ided a staff report. rchitect Jeff Morton, 06 Bluff Street, spoke support of the roposed ordinance. Motion by Jones for nal consideration and assage of Ordinance o. 29-09 Amending ppendix A (The Zon- g Ordinance) of the ity of Dubuque Code Ordinances by re- ealing Section 4-3.11 hedule of Sign Regu- tionsafor the C-5 Cen- al Business Dist-rict d adopting Sec-tion 3.11 Schedule of Sign gulations for the C-5 ntral Business Dis- ct in lieu thereof, rtaining to the ad - ion of freestanding ntification signs along h Street from Locust reet to the alley. conded by Braig. tion carried 6-0. Urban Renewal Tax rement Revenue tes - 40 Main, LLC: of of publication on tice of public hear - to consider the uance of not to eed $700,000 in an Renewal Tax rement Revenue es to support a ed use redeve- ment of the building 0 Main Street by 40 in, LLC and City nager recommend - approval. Motion Lynch to receive file the documents adopt Resolution 204-09 Instituting ceedings to take itional action for issuance of not to ed $700,000 Urban ewal Tax Increment enue Notes.Second- by Resnick. Motion ied 6-0. orth Fork Catfish k Sanitary Sewer ect - Phase II: Proof ublication on no - of public hearing nsider approval of plans, specifica- , form of contract estimated cost for North Fork Catfish k Stormwater and ary . Sewer Im- ements Project - e II and City Man - recommending oval. Motion by to receive and he documents and t Resolution No. 9 Approving specifications, of contract, and ated cost for the Fork Catfish Sanitary Sewer ct - Phase II. ded by Jones. n carried 6-0. buque Industrial r West - North rt Farm Phase III t: Proof of publi- on notice of hearing to con - approval of the specifications, of contract and ated cost for the ue Industrial Cen- est - North Sie- Farm Phase III t and City Mana- commending ap- Motion b to receive and documents and Resolution No. Approving plans, cations, form of ct, and estimat- t for the Dubu- dustrial Center - North Siegert hase III Project. ed by Braig. carried 6-0. onal Mississippi Museum and m River Center y referred to the City Attorney. City Attorney advising that the following claims have been referred to . Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: 4870 or 563-59 Contractors oof Problem; -STATE RO( WE SPECIALIZE IN FS & SHINGI JMMERCIAL• OWNER 56-01 the Business since 196E Automotive Services Special and 16 pt. inspection. Some ma )n Special SJO43e.I1UO3 dns) aouues leoo1 $ dn-�lalcl aaaa sa}ewi;s3 aa.A \Jes aayto Aue 4]Inn g do -aunt aaad n7-999 JO0 Sal iaoddns-Suginsuo3 Jatndwo9 VS)" 6L29-Z85 (C99) 0 .fpeoo7 lap pie solagej aulj . Ailed ul 6ulzlleloads pue uPa10 sl 2ad.ie3 . 2. x3 6uluea10 daaa . mid PaI0VaD imp aintusar uaUull VII Iluuue VI public hearing to Project - Phase II: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the National Mississippi River Museum and Aquarium River Center Project - Phase II and City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt Resolution No. 207-09 Approving plans, specifications, form of contract, and esti- mated cost for the National Mississippi River Museum and Aquarium River Center Project - Phase II. Seconded by Voetberg. Dubuque County Histor- ical Society Executive Director Jerry Enzler, 531 W. Heller, East Dubuque, thanked the City Council for their partnership on this project. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Main Street Quarterly Report: Dubu- que Main Street Direc- tor Dan LoBianco, 3533 West Way Drive, pre- sented a slide presen- tation on the quarterly activities of Dubuque Main Street. Motion by Braig to receive and file the documents. Seconded by Voetberg. Motion carried 6-0. Urban Development Action . Grant (UDAG) Loan Agreement - Genuine Genius Solu- tions (Tabled at meet- ing of June 1, 2009): City Manager recom- mending approval to amend the $40;000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solu- w wnmuer apjruva' of the plans. cnprifira- tions, LLC to allow a one year extension- of the repayment of the loan. Motion by Braig to remove from the table. Seconded by Jones. Motion carried 6- 0. Jokes thanked Gen- uine Genius Solutions CEO Robert W. Daniels, 2983 Pennsylvania Ave- nue, for being in attendance. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 6-0. Downtown Design Guidelines: City Mana- ger recommending ap- proval of an incentive - based implementation strategy for the Down- town Design Guidelines similar to the current review process for private and public improvements in the Greater - Downtown Urban Renewal District and adoption of the Downtown Design Guidelines. Motion by Resnick to receive and file the docunients and approve the recom- mendation. Seconded by Voetberg. Planning Services Laura Car- stens presented a slide presentation overview of the Downtown De- sign Guidelines. Re- sponding to a question from City Council, Carstens stated that the Historic Preserva- tion Commission would make recommenda- tions on substantial changes and the guidelines would be included in RFP and bid documents. Motion carried 6-0. Port of Dubuque Public Parking Facility Agreement: City Mana- ger recommending ap- proval of the Port of the Dubuque Public Parking Facility Private Parking Agreement be tween the City of Dubu I{;iflgD DAD UO pasnq JO10) Joio, aSed 9/ i que and Diamond Jo, LLC. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 6-0. Parking Ramp Archi- tect / Engineer Con- tract Award: City Man- ager recommending award of the design contract for the parking ramp at 5th and Bluff and the parking ramp at 10th and Central to Desman Associates in the amount of $950,000. Motion by Lynch to receive and file the documents and adopt Resolution No. 208-09 Awarding contract. Seconded by Jones. Motion carried 6-0. Chapter 44 - Code of Ordinances Amend- ment: City Manager re- commending approval of amendments to the Code of Ordinances related to the water meter change out pro- gram. Motion by Lynch to receive and file the documents and that the requirement that a 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 Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 30-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-164 Interference with Shutoff; Ordi- nance No. 31-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3 Meters, Section 44-183 Loca- tion, Method of Instal- lation; Ordinance No. 32-09 Amending the City Code of Ordi- nances Chapter 44 Utilities, Article III Water, Division 3, Remote Readers; Ordi- IF IOWA {Meters, Section 44-184 nance No.33-09 Amend- ing the City Code of JE COUNTY Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-153 Service Con- nections to be Installed by City or Duly Licensed Plumbers. Seconded by Braig. Motion carried 6-0. There being no fur- ther business, upon motion the City Council e, a Billing Clerk for Woodward Communications, Inc., an Iowa adjourned at 7:57 p.m. CMC, City Clerk /s/Jeanne F. Schneider, iblisher of the Telegraph Herald,a newspaper of general circulation lt 6/24 .e 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: June 24, 2009, and for which the charge is $339.77. CERTIFICATION OF PUBLICATION Subscribed to before notary Public in and for Dubuque County, Iowa, this ip �j day of , 20 D 9 . f Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 y Comm. Exp. FEB. 1, 2011