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Proof of Publication_Council Proceedings 7 6 09 Regular SessionMuseum tl Fiscal Year 2010 m River p Purchase. of Service t - Phase cE Agreement with Every Connors of Child Every Promise in proposed Ci the amount of $25,000. Awarding to Upon motion the rovement w documents were re - the Na- bE ceived, filed, and ippi River ec approved. Aquarium ce Purchase of Service Project - Agreement - Greater a special fir Dubuque Development ommence pr Corporation: City Man - on July 9, NE ager recommending Historic th approval of a Fiscal ling. Se- Cc Year 2010 Purchase of Voetberg. Sc Service Agreement Purchase of Service Hyreemerrt-- wakIsier Agreement - America's Mton Tool Library: ndy River Corporation: CityManager recommend - River al Manager recommening Yeara2010 Purchaseal of a Fisof ing of Yeara approval 2010 Purchase a a Fie Fiscal Service Agreement ofwith the Washington Service Agreement Tool Library in the ceived, filed. and with the America's amnIint --- River Corgi err —ism the amoun Upon motio ments wen filed, and apuo!soaid Purchase Agreement Area Ch Commerce and Visito City Manag mending ap Fiscal Ye Purchase o Agreement Dubuque An ber of ( Convention Visitors Bure amount of Upon moti documents ceived, fil approved. Purchase o Agreement Area Labor ment Coun Manager rec ing approval of Year 2010 Puri Service Ag with the Dubu Labor Man Council in the of $30,000. U tion the . do were receive and approved. Purchase of Agreement - D Main Street: Manager recon ing approval of a Year 2010 Purch Service AgrE with Dubuque Street in the am( $49,276 and $. Upon motion documents wer ceived, filed, approved. Purchase of S Agreement - Child Every Pr City Manager r mending approv pagiva) ''W t89 'or l l0J8 11 03AV 131011A]H) 600Z sapw ZZO'I5 5'£ VWI11V NVSSIN 900Z bLb'££ 'pad a9S08d Purchase of Service Agreement with St. Mark's Community Center in the amount of $15,000. Upon mo- tion the documents were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the positions of GIS Specialist, Parking System Technician and Engineering Techni- cian. Upon motion the rinn4e aria. tion oi�ottingham Butler Healthceck360 to provide a wellness program for City of , Dubuque employees. Upon motion the r, documents were re- 1795'Z1$ papa) '!W tt£'St'auolsaanl!S 11 V1VdWI 13108A3H) 800Z '9i $ sap] N6'aanl!S 11111/80) AA3H) 600Z )6'I I S palpua)'!W f ILYf 'Anil Iaa1S M1e0 19 99 )1/11NOd 800Z pa9!Ua)'!W ZLL'6 9apMod gsa:j 'Z1Z6N 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: July 15, 2009, and for which the charge is $391.61. Subscribed to before this /5-e,3 day of submit competitive grant applications for Federal Stimulus money and to coordinate reporting requirements when grants are re- ceived and reservation of $102,475 to react to other needs and fund- ing opportunities. Mo- tion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Motion car- ried 7-0. There being no further business, upon 4u apu3 arrongnp }o (aoupulpap 6uiuoz aq;) y xipuaddy 6u!puawe aoueu!pJo pesodwd aq; alge; o; 6ieJg 4q uoilow 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 pub- lish notice as pre- scribed by law. Se- conded by Braig. Mo- tion carried 7-0. Water Revenue Cap- ital Loan Notes: City Manager recommend- ing that a public hearing be set for July 20, 2009 to consider the pue Pali} pue paniaoaa aaaM s;uawnoop au; uol;ow uodn '600Z '0Z Alnr Jo} ;as aq bugeeq ollgnd p ;pql pup ;oaroad s;aaJ;S g3LT c_clname- Notary Public in and for Dubuque County, Iowa, , 20. Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Corrimissicn Number 154885 ��'` ,My Comm. Exp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council me t in regular session at 6:30 p.m. on July 6, 2009 in the Historic Federal Build- ing. 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 Monsignor Way ne ne Ressler of St. Raphael's Cathedral PROCLAMATION Dubuque County Fair Week (July 21 - 26, 2009) was accepted by Jamie Blum, 14742 Highway 20 West. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Connors requested (#7) Purchase of Service Agreement - Every Childe Every Promise be held for separate discussion. Motion carried 7-0. Item #31 Alcohol Compliance • Civil Penalty for Alcohol License Holders for Lot 1 . was removed from the agenda. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 5/26; Cable TV Tele- programming Commis- sion of 5/5; City Council of 6/15, 6/23 and 6/30; Civil Service Commission of 6/10; Community Develop- ment Advisory Commis- sion of 5/27; Housing Commission of 5/26 Library Board o Trustees Update from Meeting of May 28 2009 Proofs of nublicatio Fiscal Year 2010 Purchase of Service Agreement with Every Child Every Promise in the amount of $25,000. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Greater Dubuque Development Corporation: City Man- ager recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Greater Dubuque Development Corporation in the amount of $95,613 for economic development services, $100,000 for Destination for Oppor- tunity, $100,000 for Dubuque Works, $35,000 towards a partnership with Dubu- que Initiatives . to be used to partially assist in funding a position for Dubuque area retail expansion services, and $40,000 for marketing commercial and industrial parks owned by the City. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Helping Services of Northeast Iowa, Inc.: City Mana- ger recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Hills and Dales Senior Programs: City Manager recom- mending approval of a Fiscal Year 2010 Pur- chase of Ser vice Agree- ment wi th Hills an d Dales in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Northeast Iowa Business Accele- rator (NIBA) Business Plan: City Manager recommending ap- proval of a Fiscal Year 2010 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Project Concern Foster Grand- parent Program: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grand- parent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Project Concern Information f and Referral and Child Care Referral: City , Manager recommend ing approval of a Fisca n Year 2010 Purchase o Purchase of Service Agreement with St. Mark's Community Center in the amount of $15,000. Upon mo- tion the documents were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified lists for the positions of GIS Specialist, Parking System Technician and Engineering Techni- cian. Upon motion the documents were re- ceived and filed and made a Matter of Record. 2008 Tax Appeal - Stipulation of Settle- ment: City Attorney submitting a Stipula- tion of Settlement in the 2008 tax assess- ment appeal of NEZTROP, LLC for a vacant lot located along Highway 20. Upon motion the documents were re- ceived and filed. 2009 Tax Appeal - Stipulation of Settle- ment: City Attorney correspondenceregard- ing a proposed settle- ment of the 2009 tax assessment appeal of NEZTROP, LLC. Upon motion the documents were received and filed. Workers' Compensa- tion Excess Insurance: City Manager recom- mending approval of the renewal proposal from Safety National for the City's workers' compensation excess insurance. Upon mo- tion the documents were received, filed, and approved. Specific and Aggre- gate Stop Loss Insur- ance Renewal: City Manager recommend- ing approval of the rene wal vial rates sub- mitted by Companion anion P Life for the City's specific and aggregate stop loss insurance - health and prescription drug plans. Upon motion the documents were received, filed, and approved. Urban Renewal Tax Increment Revenue Notes - 40 Main, LLC: City Manager recom- mending approval of the issuance of $690,529 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 210-09 Authorizing and pro- viding for the issuance of $690,529 Urban Re- newal Tax Increment Revenue Notes, Tax- able Series 2009 (40 Main LLC Project) of the City of Dubuque Iowa, and providing fo the securing of such notes for the purpose of carrying out an urban renewal projec in the area of the City of Dubuque, Iowa designated as the Greater Downtown Ur ban Renewal Distric adopted. Finance and Utilit f Billing Departmen and the establishment of the Final Schedule of j Assessments for the Rush Street Reconstruc- tion Project - Bryant Street to Villa Street. Upon motion the docu- ments were received and filed and Reso- lution No. 213-09 Accepting the Rush Street Reconstruction Project - Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor and Resolution No. 214-09 Adopting the final assessment schedule for the Rush Street Reconstruction Project - Bryant Street to Villa Street were adopted. Southwest Arterial - Designation of Acqui- sition Agent: City Man- ager recommending approval of the desig- nation of the City Engineer as the Ac- quisition Agent for the Southwest Arterial right-of-way acquisi- tions. Upon motion the documents were re- ceived and filed and Resolution No. 214A-09. Authorizing the City Engineer to execute necessary documents on behalf of the City of Dubuque for right-of- way property acquisi- tions for the Southwest Arterial Project was adopted. Project HOPE Con- tract: City Manager recommending approv- al of the contract of services with the Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objec- tives at the estimated cost of $65,000, which was included in the FY 2010 budget. Upon motion the documents were received, filed, and approved. Economic Develop- ment - ment Administration (EDA) Contract Amend- ment: City Manager recommending approv- al of an amendment to the Financial Assist- ance Award from the Economic Development Administration (EDA) for the added scope of studying the potential for district energy in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 215-09 Approving a financial assistance award from the Economic Develop- ment Administration (EDA) was adopted. Lead Hazard Reduc- tion Grant: City Mana- ger recommending ap- proval of an amend- ment to the current Lead Hazard Reduction Program contract to increase the per -unit forgivable loan from $6,000 to $12,000. Upon , motion the documents r were received, filed, and approved. Fiscal Year 2010 Community Develop- t ment Block Grant (CDBG) Agreement: City Manager recom- mending approval of - the Fiscal Year 2010 ct Community Develop- ment Block Grant y (CDBG) Agreement t with the U.S. Depart - Creek Restoration Pro- ect. Upon motion the documents were re- ceived and filed and Resolution No. 217-09 Approving the acqui- sition of real estate i owned by Milton E. Schwartz in the City of Dubuque was adopted. Dubu ue Main Street, Ltd. P ogram Agree- ment: City Manager recomm nding approv- al of a Pr gram Agree- ment bet een Dubu- que Main Street, Ltd., the City of Dubuque and the Iowa Depart- ment • of Economic Development. Upon mo- tion the documents were received and filed and Resolution No. 218- 09 Resolution of Sup- port and financial commitment for the Main Street Program in Dubuque, Iowa, was adopted. Enterprise Zone Ap- pointment: City Mana- ger recommending con- firmation of the at - large appointment of Richard Stein to the City's Enterprise Zone Commission. Upon mo- tion the documents were received, filed, and approved. t Governmen Finance Officers Association: City Manager .advising that the City has received for the 21st consecutive year the Government Finance Officers Association Certificate of Achieve- ment for Excellence in Financial Reporting for the City's Comprehen- sive Annual Financial Report for the fiscal year ended June 30, 2008. Upon motion the documents were re- ceived and filed. Signed Contracts: Kep- hart Building Improve- ment Request Project; quest for Additional Services No.6;Property Insu r- ance ance Renewal Con- tract; Dubuque Indus- trial Center West - North Siegert Farm Phase III Project Con- tract; and Pitney Bowes - Printing and Mailing Equipment Lease. Upon motion the documents were re- ceived and filed. Liquor License Re- fund: Request of Mary Hoffman for a refund of the liquor license for The White House. Upon motion the document was received, filed, and approved. Liquor License Trans- fers: Request of the Dubuque County His- torical Society to trans- fer their liquor license to 501 Bell Street on August 1, 2009 for the Taste of Dubuque. Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor Amphi- theater on July 25, 2009 for the Rock and Soul Reunion. Upon motion the documents were re- ceived, filed, and approved. Business Licenses: City Manager recom- mending approval of annual liquor license renewals as submitted. Upon motion the docu- ments were received PUBLIC HEARING f Motion by Lynch to receive and file the documents, adopt the resolutions, set the j public hearings as ndicated, and direct the City Clerk to pub- lish notice as pre- scribed by law. Se- conded by Braig. Mo- tion carried 7-0. Water Revenue Cap- ital Loan Notes: City Manager recommend- ing that a public hearing be set for July 20, 2009 to consider the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes. Upon motion the documents and Resolution No. 222- 09 Fixing date for a meeting on the author- ization of a loan and disbursement agree- ment and the issuance of not to exceed $8,000,000 Water Reve- nue Capital Loan Notes of Dubuque, Iowa, and providing for publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Building. . g Iowa 32 Hike / Bike Trail Phase 2 Project: City Manager recom- mending initiation of the public bidding process for the Iowa 32 Hike / Bike Trail Phase 2 Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 223- 09 Preliminary ap- proval of plans, speci- fications, form of con- tract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase Project; 2 Resolution No. 224-09 Setting date i hearing on of public p plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; and Resolution No. 225- 09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail Phase 2 Project were adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. Trail Project at Berg- feld Recreation Area: City Manager recom- mending initiation of the public bidding process for the Trail Project at Bergfeld Recreation Area and that a public hearing be set for July 20, 2009. Upon motion the docu- ments were received and filed and Reso- lution No. 226-09 Pre- liminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project at Berg- feld Recreation Area; Resolution No. 227-09 Setting date of public hearing on plans, specifications, form of contract, and esti- mated cost for the Trail Project at Bergfeld Recreation Area; and Resolution No. 228-09 orm of contract, and estimated cost for the E.B. Lyons Nature Center Addition Pro- ect; and Resolution No. 231-09 Ordering the advertisement for bids for the E.B. Lyons Nature Center Addition Project were adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. cust Street Resur- facing - 9th to 17th Streets Project: City Manager recommend- ing initiation of the public bidding process for the Locust Street Resurfacing - 9th to 17th Streets Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 232-09 Preliminary approval of plans, specifications, form of contract and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids for the E.B. Lyons Nature Center Addition Project was . adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. BOARDS/COMMISSIONS Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/ Commissions. Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsing er) 9) At - large and General uire- Contractor re q ments. Applicants: Richard Luchsinger, 2875 Brueck Road (At - Large Reappointment); Chuck Carr, 1705 Kathy Drive (General Con- tractor reappointment) Library Board of Trustees: Three 4-year terms referenced with expiration dates con- tingent upon proposed ordinance which will re - stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns, 1715 Diane Court (Seeking reappoint- ment through July 1, 2010); Beverly Kolz, 2206 Simpson Street (Seeking reappoint- ment through July 1, 2010); Gail Murphy, 3096 Oak View Court (First-time applicant); Lorri Regan, 2659 Queen Street (First- time applicant); Mike Willis, 1365 W. 5th Street (Seeking reap- pointment through July 1, 2013). Ms. Guns, Ms. Koh, Ms. Murphy, and Mr. Willis all spoke in support of their appointments. Appointments to the following Boards/Com- missions: Historic Pre- servation Commission - Designation of Service Areas: Three At -Large e•N n___ .. .N,...a,,....;c.,_ r•nmmiecinnarc and December 7, 2009. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the desig- nation of property from open space to com- mercial and Zoning Advisory Commission recommending approv- al, with conditions. Motion by Connors to removefrom table. Seconded by Braig. Motion carried 7-0. Motion by Braig to table the proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopt- ing a revised Planned Unit Development Ordi- nance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to December 7, 2009. Seconded by Jones. Motion carried 7-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project, Phase II: Proof of publication on notice of public hearing to consider the plans, specifications; form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Res olution No. 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project. Second- ed by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion: Rick Dickinson, Executive Director of the Greater Dubuque Development Corpora- tion, 816 River Street, Sabula, provided a verbal report and video on the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0. Library Board of Trustees: City Manager recommending that the Library Board of Trus- tees terms of service be staggered to avoid five of the seven trus- tee positions becoming vacant at one . time. Motion by Connors 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 meetina at 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: July 15, 2009, and for which the charge is $391.61. Subscribed to before this %564 day of SLtvt�t& /3,4 Notary Public in and for Dubuque County, Iowa, , 20. r Dubuque County, Iowa. ried 7-0. North Fork Catfish Creek Sanitary Sewer Project - Phase II: City Manager recommend- ing award of the public improvement contract for the North Fork Catfish Creek Storm - water and Sanitary Sewer Improvements Project - Phase II to Portzen Construction, Inc., in the amount of $997,168. Motion by Jones to receive and file the documents and adopt Resolution No. 234-09 Awarding public improvement contract for the North Fork Catfish Creek Sanitary Sewer Project - Phase 11. Seconded by Voet- berg. Motion carried 7-0. Dubuque Industrial Center West - North Siegert Farm Phase 111 Project: City Manager recommending award imp rove- ment the publicrove- P ment contract for the ue Dubuq Industrial Center West - North Siegert Farm Phase I11 Project to Horsfield Construction, Inc., in the amount of $700,167.69. Motion by Lynch to receive and file the documents and adopt Resolution No. 235-09 Awarding the public improvement contract for the Dubu- que Industrial Center West - North Siegert Farm Phase III Project. Seconded' by . Braig. Motion carried 7-0. National Mississippi River Museum and Aquarium River Center Project - Phase II: City Manager recommend- ing award of the public improvement contract for the National Miss- issippi River Museum and Aquarium River Center Project - Phase II. Moti on by Connors to table the proposed resolution Awarding public improvement contract for the Na- tional Mississippi River Museum and Aquarium River Center Project - Phase II for a special meeting to commence at 5:00 p.m. on July 9, 2009 in the Historic Federal Building. Se- conded by Voetberg. Motion carried 7-0. Code of Ordinance Amendment - General Penalty Update: City Manager recommend- ing approval of adjust- ing the City's municipal penalties to match the changes to State law. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for at two passage Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 35-09 Amending the City of Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1 which provides the penalty for simple misdemeanors.Second- ed by Lynch. Motion carried 7-0. Staffing: City Mana- ger recommending ap- proval of the creation of a twenty-five hour per week position to f K. WESTERMEYER sion Number 154885 m. Exp. FEB, 1, 2011 Present: Mayor Bum 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 Monsignor Wayne Ressler of St. Raphael's Cathedral PROCLAMATION Dubuque County Fair Week (July 21 - 26, 2009) was accepted by Jamie Blum, 14742 Highway 20 West. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg: Connors requested (#7) Purchase of Service Agreement - Every Childe Every Promise be held for separate discussion. Motion carried 7-0. Item #31 Alcohol Compliance - Civil Penalty for Alcohol License Holders for Lot 1 . was removed from the agenda. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 5/26; Cable TV Tele- programming Commis- sion of 5/5; City Council of 6/15, 6/23 and 6/30; Civil Service Commission of 6/10; Community Develop- ment Advisory Commis- sion of 5/27; Housing Commission of 5/26 Library Board of Trustees Update from Meeting of May 28, 2009 Proofs of publication of City Council Pro- ceedings of June 1 and 8, 2009 and List of Claims and Summary of Revenues for Month of May 31, 2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Edward Beres - ford for vehicle da- mage; Kathy Ostrander for property damage; Hagar Ent, LLC for property damage; Katherine Ann Dietzel for vehicle damage. Upon motion the docu- ments were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Craven for vehicle damage; Kathy Ostrander for property damage; Hagar Ent, LLC for vehicle damage City Attorney recom- mending settlement of the claim of Ed Beresford for vehicle damage Upon motion the documents were re- ceived and filed and concurred. Purchase of Service Agreement - America's River Corporation: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with the America's River Corporation in the amount of $10,000. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recom- mending approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Cham- ber of Commerce Convention and Visitors Bureau in the amount of $783,654. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Dubuque Area Labor Manage- ment Council: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with the Dubuque Area Labor Management Council in the amount of $30,000. Upon mo- tion the . documents were received, filed, and approved. Purchase of Service Agreement - Dubuque Main Street: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with Dubuque Main Street in the amount of $49,276 and $10,000. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Every Child Every Promise: City Manager recom- ger recommending approval of a Fiscal Year 2010 Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Hills and Dales Senior Programs: City Manager recom- mending approval of a Fiscal Year 2010 Pur- chase of Service Agree- ment with Hills and Dales in the amount of $25,000. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Northeast Iowa Business Accele- rator (NIBA) Business Plan: City Manager recommending ap- proval of a Fiscal Year 2010 Purchase of Service Agreement with Northeast Iowa Community College in the amount of $5,000 for the Business Accelerator Business Plan. Upon motion the documents were re- ceived, filed, and approved. Purchase of Service Agreement - Project Concern Foster Grand- parent Program: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grand- parent Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Project Concern Information and Referral and Child Care Referral: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with Project Concern in the amount of $25,821 to Project Concern, Inc., for the Infor- mation and Referral Program, plus a pay- ment of $9,098 for the Child Care Resource and Referral Program. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Retired and Senior Volunteer Program: City Manager recommending ap- proval of a Fiscal Year 2010 Purchase of Service Agreement with the Retired and Senior Volunteer Pro- gram in the amount of $7,341. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Substance Abuse Services Center: City Manager recom- mending approval of a Fiscal Year 2010 Pur- chase of Service Agree- ment with the Sub- stance Abuse Services Center in the amount of $14,013. Upon mo- tion the documents were received, filed, and approved. Purchase of Service Agreement - Washing- ton Tool Library: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the documents were re- ceived, .filed, and approved. Purchase of Service Agreement - Opening Doors for Emergency Housing: City Manager recommending ap- proval of a Fiscal Year 2010 Purchase of Ser- vice Agreement with Opening Doors in the amount of $10,000 for emergency and tran- sitional housing. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Opening Doors (Maria House and Theresa Shelter): City Manager recom- mending approval of a Fiscal Year 2010 Pur- chase of Service Agree- ment with Opening Doors in the amount of $5,000 to help provide emergency and tran- sitional housing and services for women and children at Teresa Shelter and Maria House. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Opera- tion: New View: City Manager recommend- ing approval of a Fiscal Year 2010 Purchase of Service Agreement with Operation: New View in the amount of $18,805. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - St. Mark's Community Center: City Manager recom- mending approval of a Workers' Compensa- tion Excess Insurance: City Manager recom- mending approval of the renewal proposal from Safety National for the City's workers' compensation excess insurance. Upon mo- tion the documents were received, filed, and approved. Specific and Aggre- gate Stop Loss Insur- ance Renewal: City Manager recommend- ing approval of the renewal rates sub- mitted by Companion Life for the City's specific and aggregate stop loss insurance - health and prescription drug plans. Upon motion the documents were received, filed, and approved. Urban Renewal Tax Increment Revenue Notes - 40 Main, LLC: City Manager recom- mending approval of the issuance of $690;529 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 210-09 Authorizing and pro- viding for the issuance of $690,529 Urban Re- newal Tax Increment Revenue Notes, Tax- able Series 2009 (40 Main LLC Project) of - the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Ur- ban Renewal District was adopted. Finance and Utility Billing Department Staffing: City Manager recommending approv- al of changes to staff- ing in the Finance and Utility . Billing, Depart- ment. Upon motion the documents were re- ceived, filed, and approved. AmeriCorps Grant: City Manager recom- mending approval of the grant agreement with the Iowa Com- mission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. McEvoy Street - Plat Approval: City Mana- ger recommending approval of the plats of Lot B and C of Bonson and Stewart's Subdivi- sion. Upon motion the documents were re- ceived and filed and Resolution No. 211-09 Approving plat of Lot B of Bonson and Ste- wart's Subdivision and Resolution No. 212-09 Approving plat of Lot C of Bonson and Ste- wart's Subdivision were adopted. Wellness Program Consultant: City Mana- ger recommending approval of the selec- tion of Cottingham and Butler Healthceck360 to provide a wellness program for City of Dubuque employees. Upon motion the documents were re- ceived, filed, and approved. Alcohol Compliance - Civil Penalty for Alcohol License Hold- ers: City Manager recommending ap- proval of the Acknow- ledgement/Settlement Agreements for a first offense alcohol com- pliance violation for Happy's Place, Ron's Discount Smokes & Beverage Center, Dubu- que Bowling Lanes, Road Ranger #159, Europa Haus Restau- rant; and to approve the second offense alcohol compliance violation for Phillip's 66 - Arby's. Upon motion the documents were received, filed, and approved. Tobacco Compliance - Civil Penalty for Tobacco License Hold- er: City Manager recommending approv- al of the Acknowledge- ment/Settlement Agreements for first offense tobacco corn, pliance violation for Ron's Discount Smokes & Beverage Center, a second offense to- bacco compliance vio- lation for Road Ranger #159, and a third offense tobacco com- pliance violation for Phillips 66 - Arby's; and to accept and approve the Acknowledgement/ Settlement Agreement for a third offense civil penalty for AWN Stop Mart #2 upon payment of the violation. Upon motion the documents were received, filed, and approved. Rush Street Recon- struction Project: City Manager recommend- ing acceptance of the Arterial Project was adopted. Project HOPE Con- tract: City Manager recommending approv- al of the contract of services with the Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objec- tives at the estimated cost of $65,000, which was included in the FY 2010 budget. Upon motion the documents were received, filed, and approved. Economic Develop- ment Administration (EDA) Contract Amend- ment: City Manager recommending approv- al of an amendment to the Financial Assist- ance Award from the Economic Development Administration (EDA) for the added scope of studying the potential for district energy in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 215-09 Approving a financial assistance award from the Economic Develop- ment Administration (EDA) was adopted. Lead Hazard Reduc- tion Grant: City Mana- ger recommending ap- proval of an amend- ment to the current Lead Hazard Reduction Program contract to increase the per -unit forgivable loan from $6,000 to $12,000. Upon motion the documents were received, filed, and approved. Fiscal Year 2010 Community Develop- ment Block Grant (CDBG) Agreement: City Manager recom- mending approval of the Fiscal Year 2010 Community Develop- ment Block Grant (CDBG) Agreement with the U.S. Depart- ment of Housing and Urban Development in the amount of $1,236,260. Upon mo- tion the documents were received and filed and Resolution No. 216- 09 Authorizing execu- tion of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. City Manager Employ- ment Agreement: Sub- mittal of the Nine- teenth Amendment to the City Manager's Employment Agree- ment for approval. Upon motion the docu- ment was received, filed, and approved. Bee Branch Creek Restoration Project - Purchase of Property: City Manager recom- mending acceptance of the warranty deed for property purchased from Milton Schwartz at 1597 Maple Street as part of the Bee Branch receives ror the LIST consecutive year the Government Finance Officers Association Certificate of Achieve- ment for Excellence in Financial Reporting for the City's Comprehen- sive Annual Financial Report for the fiscal year ended June 30, 2008. Upon motion the documents were re- ceived and filed. Signed Contracts: Kep- hart Building Improve- ment Project; Request for Additional Services No. 6; Property Insur- ance Renewal Con- tract; Dubuque Indus- trial Center West - North Siegert Farm Phase III Project Con- tract; and Pitney Bowes - Printing and Mailing Equipment Lease. Upon motion the documents were re- ceived and filed. Liquor License Re- fund: Request of Mary Hoffman for a refund of the liquor license for The White House. Upon motion the document was received, filed, and approved. Liquor License Trans- fers: Request of the Dubuque County His- torical Society to trans- fer their liquor license to 501 Bell Street on August 1, 2009 for the Taste of Dubuque. Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor Amphi- theater on July 25, 2009 for the Rock and Soul Reunion. Upon motion the documents were re- ceived, filed, and approved. Business Licenses: 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. 219-09 Granting the issuance of one new license to sell cigarettes and cigarette papers within the City of Dubuque; Resolution No. 220-09 Granting the issuance of twenty-five renewal licenses to sell ciga- rettes and cigarette papers within the City of Dubuque; and Reso- lution No. 221-09 Grant- ing the issuance of a Class "C" Beer/Liquor License to Bricktown Brewery, Denny's Lux Club, ' Fischer Lanes, Paul's Tavern, Dia- mond Jo Casino, Knick- ers Saloon, Murph's Southend and House of China; a Class "C" Beer/Liquor License (5- Day Special Event) to Dubuque Area Labor Management; and a Class "WBN" Native Wine License to Tredway House Bed and Breakfast were adopted. ITEMS TO BE SET FOR menamy the publicbidding process for the Iowa 32 Hike / Bike Trail Phase 2 Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 223- 09 Preliminary ap- proval of plans, speci- fications, form of con- tract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; Resolution No. 224-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project; and Resolution No. 225- 09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail Phase 2 Project were adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. Trail Project at Berg- feld Recreation Area: City Manager recom- mending initiation of the public bidding process for the Trail Project at Bergfeld Recreation Area and that a public hearing be set for July 20, 2009. Upon motion the docu- ments were received and filed and Reso- lution No. 226-09 Pre- liminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project at Berg- feld Recreation Area; Resolution No. 227-09 Setting date of public hearing on plans, specifications, form of contract, and esti- mated cost for the Trail Project at Bergfeld Recreation Area; and Resolution No. 228-09 Ordering the advertise- ment for bids for the Trail Project at Bergfeld Recreation Area were adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. E.B. Lyons Nature Center Addition Pro- ject: City Manager recommending initia- tion of the public bidding process for the E.B. Lyons Nature Center Addition Project and that a public hearing be set for July 20, 2009. Upon motion the documents were received and filed and Resolution No. 229-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Pro- ject; Resolution No. 230- 09 Setting date of public hearing on plans, specifications, commence at 6:30 p.m. on July 20, 2009 in the Historic Federal Build- ing. BOARDS/COMMISSIONS Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/ Commissions. Building Code Board of Appeals: Two 3-year terms through August 1, 2012 (Terms of Carr and Luchsinger) At - large and General Contractor require- ments. Applicants: Richard Luchsinger, 2875 Brueck Road (At - Large Reappointment); Chuck Carr, 1705 Kathy Drive (General Con- tractor reappointment) Library Board of Trustees: Three 4-year terms referenced with expiration dates con- tingent upon proposed ordinance which will re - stagger terms: 2 terms through July 1, 2010; and 1 term through July 1, 2013 (Terms of Guns, Kolz, and Willis). Applicants: Diann Guns, 1715 Diane Court (Seeking reappoint- ment through July 1, 2010); Beverly Kolz, 2206 Simpson Street (Seeking reappoint- ment through July 1, 2010); Gail Murphy, 3096 Oak View Court (First-time applicant); Lorri Regan, 2659 Queen Street (First- time applicant); Mike Willis, 1365 W. 5th Street (Seeking reap- pointment through July 1, 2013). Ms. Guns, Ms. Kohl, Ms. Murphy, and Mr. Willis all spoke in support of their appointments. Appointments to the following Boards/Com- missions: Historic Pre- servation Commission - Designation of Service Areas: Three At -Large Commissioners and One Cathedral Historic District Interim Com- missioner (at -large terms of Olson and Bichell, interim term of Knight). Appointees: Christen Happ Olson, 1090 Grove Terrace; Michael Knight, 942 Mt. Pleasant Street; Mary Loney Bichell, 595 W. llth Street; and Peggy Stover, 1145 Locust Street. Upon roll call vote Ms. Olson, Mr. Knight, and Ms. Bichell were assigned to at - large positions and Ms. Stover was assigned to the Cathedral Historic District as Interim Commissioner. Upon motion the rules were reinstated limit- ing discussion to the City Council. PUBLIC HEARINGS Dubuque Industrial Center - Planned Unit Development District (Tabled on April 6, 2009): City Manager requesting that this item be tabled to from IA 32 to Vizaleea Drive Safety Improve- ments Project, Phase II: Proof of publication on notice of public hearing to consider the plans, specifications; form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project. Second- ed by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion: Rick Dickinson, Executive Director of the Greater Dubuque Development Corpora- tion, 816 River Street, Sabula, provided a verbal report and video on the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0. Library Board of Trustees: City Manager recommending that the Library Board of Trus- tees terms of service be staggered to avoid five of the seven trus- tee positions becoming vacant at one time. Motion by Connors 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 Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-09 Amending City of Dubuque Code of Ordinances Chapter 30 Library, Section 3-04 Board of Trustees - Terms of Members; Fill- ing of Vacancies by pro- viding for staggered terms for Board Mem- bers. Seconded by Braig. Motion carried 7-0. Millwork District - Consultant Selection: City Manager recom- mending approval of the selection of Veen- stra & Kimm/JJR as the consultant for the Millwork District Street- scape, Street and Util- ity Improvement Pro- ject. Motion by Con- nors to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Motion car- ried 7-0. Nortt Creek S Project • Manage' ing awai improve for the Catfish water Sewer Project Portzen Inc., in $997,168 Jones tc file the adopt F 234-09 A improve' for the Catfish Sewer P II. Secor berg. Mo Dubu Center Siegert Project: December 7, 2009. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the desig- nation of property from open space to com- mercial and Zoning Advisory Commission recommending approv- al, with conditions. Motion by Connors to removefrom table. Seconded by Braig. Motion carried 7-0. Motion by Braig to table the proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopt- ing a revised Planned Unit Development Ordi- nance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to December 7, 2009. Seconded by Jones; Motion carried 7-0. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project, Phase II: Proof of publication on notice of public hearing to consider the plans, specifications; form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project. Second- ed by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corpora- tion: Rick Dickinson, Executive Director of the Greater Dubuque Development Corpora- tion, 816 River Street, Sabula, provided a verbal report and video on the activities of GDDC. Motion by Jones to receive and file. Seconded by Braig. Motion carried 7-0. Library Board of • Trustees: City Manager recommending that the Library Board of Trus- tees terms of service r be staggered to avoid five of the seven trus- tee positions becoming vacant at one time. r Motion by Connors to receive and file the documents and that - the requirement that a - proposed ordinance be - considered and voted e on for passage at two council meetings orIOL 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: July 15, 2009, and for which the charge is $391.61. Subscribed to before this /5 ei4 day of ried 7-0. North Fork Catfish Creek Sanitary Sewer Project - Phase I1: City Manager recommend- ing award of the public improvement contract for the North Fork Catfish Creek Storm - water and Sanitary Sewer Improvements Project - Phase II to Portzen Construction, Inc., in the amount of $997,168. Motion by Jones to receive and file the documents and adopt Resolution No. 234-09 Awarding public improvement contract for the North Fork Catfish Creek Sanitary Sewer Project - Phase II. Seconded by Voet- berg. Motion carried 7-0. Dubuque Industrial Center West - North Siegert Farm Phase III Project: City Manager recommending award of the public improve- ment contract for the Dubuque Industrial Center West - North Siegert Farm Phase III Project to Horsfield Construction, Inc., in the amount of $700,167.69. Motion by Lynch to receive and file the documents and adopt Resolution No. 235-09 Awarding the public improvement contract for the Dubu- que Industrial Center West - North Siegert Farm Phase III Project. Seconded' by . Braig. Motion carried 7-0. National Mississippi River Museum and Aquarium River Center Project - Phase II: City Manager recommend- ing award of the public improvement contract for the National Miss- 8_4 Notary Public in and for Dubuque County, Iowa, , 20 issippi River Museum and Aquarium River Center Project - Phase 11. Motion by Connors to table the proposed resolution Awarding public improvement contract for the Na- tional Mississippi River Museum and Aquarium River Center Project - Phase II for a special meeting to commence at 5:00 p.m. on July 9, 2009 in the Historic Federal Building. Se- conded by Voetberg. Motion carried 7-0. Code of Ordinance Amendment - General Penalty Update: City Manager recommend- ing approval of adjust- ing the City's municipal penalties to match the changes to State law. 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 to the meeting at which it is to be passed be suspended. Second- ed by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 35-09 Amending the City of Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1 which provides the penalty for simple misdemeanors.Second- ed by Lynch. Motion carried 7-0. Staffing: City Mana- ger recommending ap- proval of the creation of a twenty-five hour per week position to submit competitive grant applications for Federal Stimulus money and to coordinate reporting requirements when grants are re- ceived and reservation aty, Iowa. of $102,475 to react to other needs and fund: ing opportunities. Mo- tion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Motion car- ried 7-0. There being no further business, upon motion the City Council adjourned at 7:15 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 7/15