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Proof of Publication_City Concil Proceedings 7 20 09ran access as wen pits from the No- - er 2008 work ses- ~ regarding difficul- ~- ~ with constrained +- j ht-of-way corri- ~f impacting the ex- it r ion of typical '9 ' s sections which ~f facilitate the three I. es. g- ' Will Sharp and ~n rtney Sokol, of J- , Inc., 8404 Indian ?t Drive, Omaha, Ne- ~- ka, reviewed the '- dy process and pro- al d updated informa- s. from the previous 'Y rk session via oral ~n ort and slide pre- ~t tation including: I• ` Review study proc- ~f and schedule - • Corridor improve- 5. nt scenarios Scenarios 1-18 from i9 vember 2008 work ~- i corridor improve- itscenarios • Review corridor wing findings: ntification and stra- fes Concept develop- ntupdate Culmination at No- nber 2009 work ses- n ollowing City Council ~cussion, Mr. Sharp mmarized by statinc )R started by opti (zing traffic capacity id consideration o ~mplete streets. Thi upose of the stud as to focus of ,ct/west corridor ca Sharp believ are no easy ;t solutions t! ~asibly solve it :osts and acceptable~s evels of right-of-wayd, mpacts. The plan wilt mprove operations forK- ~edestrians and bicy-t~ aes, is balanced with ~- right-of-way and cost7f impacts, and is consis-'-- tent with the trail plans- developed by the City. ~n There being no fume ther business, uPor~l, motion the City Counci6) adjourned at 6:02 p.m. ~- /s/Jeanne F. SchneiderJd CMC, City ClerKe It 7/29 CITY OF DUBUQUE, e- IOWA of CITY COUNCIL ~d PROCEEDINGS ~- The Dubuque Cityts Council met in regula~d, session at 6:30 p.m. on July 20, 2009 in the His2r toric Federal Building. !II Present: Mayor Buoll9 Council Mem err Elkader, Iowa in the me amount of $35,000 for file the Eagle Point Water Plant West Clear Well Ci Phase II Pipe Coating ho Project be rescinded Cit and a new contract be m awarded to the second th ~ low bidder, Superior Se Painting & Epoxy Coat- fo ing, LLC of Urbandale, ho Iowa in the amount of ti $36,256. Upon motion m the documents were w received and filed and a Resolution No. 239-09 Rescinding Resolution 5 No. 142-09 Awarding S the Public Improve- A 1 ment Contract for the e Eagle Point Water pr Plant Clear Well Reser- si voir Phase II Rehabili- t tation (Pipe Coating) s Project to K & W Coat- a ing, LLC; and Resotu- q 1 tion No. 240-09 Award- ing the public improve- ment contract for the Eagle Point Water t ~~ Plant Clear Well Reser- i voir Phase II Rehabili- I tation (Pipe Coating) Project to Superior Painting & Epoxy Coat- ing, LLC, were adopted. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments -Project, Phase II: City Manager rec- ommending award of the public improve- ment contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ~ ments Project to McDermott Excavating in the amount of $310,221.51. Upon mo- tion the documents were received and filed and Resolution No. 241- 09 Awarding public im- provement contract for ~„ the Pennsylvania Ave- nue from IA 32 to Viza- leea Drive Safety Im- provements Project ' was adopted. Final Plat -Graf Farm: City Managerrovalo of mending app the final plat of Graf Farm Subdivision in Dubuque County, Iowa. ~; Upon motion the docu- ments were received `' and filed and Resotu• tion No. 242-09 Re- scinding Resolution No. 362-08 and approving the final plat of Graf farms in Dubuque County, Iowa, was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the __...c,,.a r~r fns tha nn. d, and approved. lcohol Compliance - uiou, r«- #159, Ok~l il Penalty for Alco- Kwik Stop License Holders: Oky Doke, y Manager recom- nding approval of Kwik Stan Resolution's ~ e Acknowledgement/ Granting t ttlement Agreement of a Clan a first offense alto- Liquor Licc I compliance viola- nut Tap; S. n for Lot One. Upon "C" Liquor! otion the documents Bell Tow' ere received, filed, d approved. PermitCto~ Delinquent Water, pressions wer, Refuse and Doky #6; " orm Water Collection ~ "WBN ccounts: City Manag- Permit to re o d r i of submp- the A v I e r o n e t r ITEMSTC ova on of delinquent wa- er, sewer, refuse and torm water collection ccounts to the Dubu- ue County Treasurer. Upon motion the docu- ments were received and filed and Resolu- ion No. 244-09 Adopt- ng the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. Port of Dubuque Riverfront Marina Proj- ect: Communication from Brian J. Kane, rep- resenting Port of Dubu- que Brewery Develop- ment, LLC, advising that his client strongly prefers that the docks be constructed in front of (or to the east of) the brewery building. City Manager's re- sponse to Brian J. Kane. Upon motion the documents were re- ceived and filed. Midwest High Speed Rail Association: City Manager recommend- ing that the City join the Midwest High Speed Rail Association (MHSRA), a member- ship•based, non-profit organization advocat~ ing the development o1 fast, frequent and de pendable passenger trains, at the $500 pa tron level. Upon motioi the documents were received, filed, and ap proved. Liquor License Trans fer: Request of the Rc tary Club to transfe their liquor license t the Alliant Energy Ou' Motion receive notice as law. SE Braig. M~ 7-0 as 32 Bike - Phase 3 appoint- ty Council ~e (cur- il Member rs) to the ittee. Mo- to receive theJ Cty STA 1 L' O~ IO •. A (~~• f 7-0. i of All- ies (ATV) lager rec- that the e restrict- property than one and only vise and only with DUBUQUE COUNTY CERTIFICATION OF PUBLICATION rmission owner is 1, Suzanne Pike. a Billing Clerk for Woodward Communications, inc., an owa r of the cor oration, publisher of the Telegraph Herald,a newspaper of general circulation ;ed ordi- p Veh ties published in the City of Dubuque, County of Dubuque and State of Iowa; hereby siattery bode of or certify that the attached notice was published in said newspaper on the following - DUbuque-amending dates: July 29 2009 and for which the charge is $326.38. School: Ci II-Terrain recommen ohibit use public hea vehicles for Au9ust'less than consider removed Slattery C~ida. Park to ister City School. UfCit Man- the docur y received amending Resolution ~ Council Resolutionly Council dispose of nteers to ty by leasders for a with Dubut. Partner- sori SchooF~ty Com- ed settinc~en agree hearing foihat com- to commei~ by Con- p.m. on Aue and file Subscribed to before m in the Hists and ap- Building. Members th1S _~~ day of Fire Staff Lynch. Door ReplaJoetberg. ject: City Ned that ommendinc~ m favor of the pu~• Motion process frIPU7 Station No•ski, 1520 placement stated that a Pu`er con- be set fo~the City 2009. Upon . documents/ing mil- ceived ane in bond Resolution ~t any Preliminar~d from plans, sppers or form of cc~t it was estimated c-~vic re- date of pu-is, 2473 on plans, tions, form w much and estir~,,. ~ and orderit~hcens- vertisemen o .t .c J I ~-~ ~ l ~f.~Lt.-,lvvv~ V Public in and for Dubuque County, Iowa, ~ , 20 D9 . i ~~ Public in and for Du uque County, Iowa. ,•~^~ ~ MARY K. WESTERMEYER ° p Commission NumS®r 154885 - -~~-~ My Cemm. Ezp. FE6. 1, 2011 clTV of DuBUQuE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on July 20, 2009 in the His- tdric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to discuss the East /West Con- nectivity Study. WORK SESSION East /West Connectivity Study Project Manager Steve Sampson Brown explained that the pur- pose of the work ses- sion was to provide an ipdate on the progress .t- ~f the project and that n- he focus has been on of vorking on multi- o- nodal corridors, traffic th apacity, and bike/pe- tk lestrian access as well :t. ~s topics from the No- u- ~ember 2008 work ses- ~d .ion regarding difficul- i- ies with constrained I- -right-of-way corri- )f fors impacting the ex- it Mansion of typical '9 ;ross sections which ~f pest facilitate the three I• nodes. a- Will Sharp and ~n 'ourtney Sokol, of i- -IDR, Inc., 8404 Indian ~t Hills Drive, Omaha, Ne- i- braska, reviewed the '-- study process and pro- al vided updated informa- s, lion from the previous 'Y work session via oral ~n report and slide pre- ~t sentation including: I• • Review study proc- ~f ess and schedule '-- - Corridor improve- i- ment•scenarios >• - Scenarios 1-18 from g November 2008 work >- session ~e - Scenarios 19-22, ~- new corridor improve- ".- ment scenarios ~- • Review corridor :o screening findings: 'd identification and stra-;n tegies ~r Concept develop-~n ment update 'e • Culmination at No- vember 2009 work ses- •s sion ''-r Following City Council ~- discussion, Mr. Sharp ~f summarized by stating:s HDR started by opti-)r mizing traffic capacity s: and consideration ofic complete streets. Then purpose of the study I- was to focus on'- east/west corridor ca-'r pacity improvements.'n Mr. Sharp believed'r there are no easy orj- prefect solutions thate can feasibly solve it all'Y within acceptable~- costs and acceptable:s levels of right-of-wayd. impacts. The plan will improve operations for<- pedestrians and bicy-t: Gies, is balanced with ~- right-of-way and costif impacts, and is consis-?- tent with the trail plans- developed by the City. ~n amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be awarded to the second low bidder, Superior Painting & Epoxy Coat- ing, LLC of Urbandale, Iowa in the amount of $36,256. Upon motion the documents were received and filed and Resolution No. 239.09 Rescinding Resolution No. 142-09 Awarding the Public Improve- ! ment Contract for the • Eagle Point Water Plant Clear Well Reser- voir Phase II Rehabili- tation (Pipe Coating) Project to K & W Coat- ing, LLC; and Resotu- tion No. 240-09 Award- ing the public improve- ment contract for the Eagle Point Water I~ Plant Clear Well Reser- voir Phase II Rehabili- t tation (Pipe Coating) Project to Superior Painting & Epoxy Coat- ing, LLC, were adopted. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments -Project, Phase II: City Manager rec- ommending award of the public improve- ment contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ~ ments Project to McDermott Excavating • in the amount of `' $310,221.51. Upon mo- tion the documents were received and filed and Resolution No. 241- 09 Awarding public im- provement contract for the Pennsylvania Ave- nue from IA 32 to Viza- leea Drive Safety Im- provements Project t was adopted. Final Plat -Graf Farm: City Manager recom- mending approval of the final plat of Graf Farm Subdivision in Dubuque County, Iowa. '' Upon motion the docu- ments were received a and filed and Resolu- filed, and approved. Alcohol Compliance - Civil Penalty for Alco- hol License Holders: City Manager recom- mending approval of the Acknowledgement/ Settlement Agreement for a first offense alco- hol compliance viola- tion for Lot One. Upon motion the documents were received, filed, and approved. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manag- er recommending ap- proval of the submis- sion of delinquent wa- ter, sewer, refuse and storm water collection accounts to the Dubu- que County Treasurer. Upon motion the docu- ments were received and filed and Resolu- tion No. 244-09 Adopt- ing the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. Port of Dubuque Riverfront Marina Proj- ect: Communication from Brian J. Kane, rep- resenting Port of Dubu- que Brewery Develop- ment, LLC, advising that his client strongly prefers that the docks be constructed in front of (or to the east of) the brewery building. City Manager's re- sponse to Brian J. Kane. Upon motion the documents were re- ceived and filed. Midwest High Speed Rail Association: City Manager recommend- ing that the City join the Midwest High Speed Rail Association (MHSRA), a member- ship-based, non-profit organization advocat- ing the development of fast, frequent and de- uibi, He wa 32 Bike #160, R~ phase 3 #159, Oki Kwik Stopd, appoint- Oky Doky~ty Council Kwik Starve (cur- Resolutioncil Member Granting tors) to the of a Clasnittee. Mo- Liquor LICES to receive nut Tap; cdocuments C" Liquotnt Joyce ST • ~ ~ OT IO vv the Cit A ~1 1 A Bolns; Cla esentative. Permit to/ Voetberg. pressions ed 7-0. Doky #6; on of AIl- "WBN" Ncles (ATV) Permit toinager rec- #495 were that the ITEMS TObe restrict- PUBLICe property Motion than one receive ar and only document~nrise and resolutions only with public heaPermission Gated, an~rty owner City Clerk Y owner is notice as pier of the law. Secosed ordi- Braig. Moti~ng Chap- 7_0, r Vehicles Slattery Caf the City - Dubuque~ode of Or- School: Ci amending recommenPll-Terrain public heaohibituse for Augus@ vehicles consider less than Slattery Ce' removed Park to ida. School. U~ister City the docurCity Man- received a~nmending Resolution V Council Resolution'Y Council dispose of nteers to ty by IeasQers for a with DubuF. Partner- sori Schoof~ty Com- ed settinc~en agree hearing foihat com- to comme!e and file p.m. on Au SU in the Hists and ap- Building. Members th1S Fire Sta4f Lynch. Door Repla/oetberg. ject: City Ned that ommendinc~ in favor of the puP• Motion process fc Station No.IPUT placement ski, 1520 that a pub stated be set forery con- 2009. Upon the City documentsv~ng mil- ceived ane in bond DUBUQUE COUNTY {1J S CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cl corporation, publisher of the erk for Woodward Communications, Inc., Telegraph Herald,a newspaper of general c published in the City of Dubuque, County of Dubuque and Stat ce attached notice was in said newspaper dates: July 29, 2009, and for which the charge is $326.38. rtify that the bscribed to before a otary ~Qt~ day published Public in and for Dubuque County, of /,/Q , 20 Oq . V ~ /J I ~ r ~ - otary Public in and for Du uque County e of Iow on the f nr vie updated informs- s. tion from the previous 'Y work session via oral n report and . slide pre- it sentation including: I. • Review study proc- >f ess and schedule • Corridor improve- i- ment•scenarios �• — Scenarios 1-18 from 9 LLOWAtfCE VOUCHER • ' it Upon Entering Dealership to Qualify rs 6' 00/100 approved credit, price $2, vary. #09-52744 7-09 improve operations fort - pedestrians and bicy-t: Iles, is balanced with ?- right-of-way and costtf impacts, and is consis- tent with the trail plan -- developed by the City. in There being no fur ther business, upon, motion the City Council.) adjourned at 6:02 p.m. :- /s/Jeanne F. Schneider,d CMC, City Clerko It 7/29 e CITY OF DUBUQUE, '- IOWA )l CITY COUNCIL d PROCEEDINGS )- The Dubuque Citys Council met in regulad, session at 6:30 p.m. or July 20, 2009 in the His'r E toric Federal Building. 1I Present: Mayor Buol9 ■ Council Memberfr IBraig, Connors, Jonese Lynch, Resnick, Voett- berg, City Managelo Van Milligen, City Atif 1 Elkader, Iowa in the ments were received, #161, Rc amount of $35,000 for filed, and approved. #160, Rd the Eagle Point Water Alcohol Compliance - #159, Ok Plant West Clear Well Civil Penalty for Alco- Kwik Stop Phase II Pipe Coating hol License Holders: Oky Dok Project be rescinded City Manager recom-. Kwik Star and a new contract be mending approval of Resolution awarded to the second the Acknowledgement/ Granting 1 ow bidder, Superior Settlement Agreement of a Clas e ce reiv Painting & Epoxy Coat- for a first offense alco- Liquor Lic dntto to re e receive ing, LLC of Urbandale, hol compliance viola- nut Tap; nt Joyce Iowa in the amount of tion for Lot One. Upon "C" Liquoi the city i $36,256. Upon motion motion the documents Bell TovJesentative. the documents were were received, filed, tons; Cla Voetber received and filed and and approved. Permit to g Resolution No. 239-09 Delinquent Water, pressions ed 7-0. Rescinding Resolution Sewer, Refuse and Doky #6; on of All - No. 142-09 Awarding Storm Water Collection "WBN" tjcles (ATV) the Public Improve- Accounts: City Manag-toinager rec ment Contract for the er recommending ap- #495 were that the Eagle Point Water proval of the submis- ITEMS TObe restrict Plant Clear Well Reser- sion of delinquent wa- PUBLICe property voir Phase II Rehabili- ter, sewer, refuse and Motion than one tation (Pipe Coating) storm water collection receive ar and only Project to K & W Coat- accounts to the Dubu- documentdnrise and ing, LLC; and Resotu- que County Treasurer. resolutions only with tion No. 240-09 Award- Upon motion the docu- public head)ermission ing the public improve- ments were received cated, anc tY owner ment contract for the and filed and Resolu- City Clerk Y owner is Eagle Point Water tion No. 244-09 Adopt- notice as pier of the Plant Clear Well Reser- ing the Schedule of As- law. Secosed ordi- voir Phase II Rehabili- sessments for delin- Braig. Moiling Chap- tation (Pipe Coating) quent water, refuse, 7-0. r Vehicles Project to Superior sewer and storm water Slattery of the City Painting & Epoxy Coat- collection accounts - Dubuqueode of Or- ing, LLC, were adopted. and directing the Clerk School: Ci amending Pennsylvania Avenue to certify the schedule recommenPll-Terrain from IA 32 to Vizaleea of assessments to the public heohibit use Drive Safety Improve- County Treasurer and for August) vehicles 1 ments - Project, Phase to publish notice there- consider less than II: City Manager rec- of was adopted. Slattery Ce; removed ommending award of Port of Dubuque Park to rda. the public( improve- Riverfront Marina Proj- School. Utister City ment contract for the ect: Communication the docurCity Man Pennsylvania Avenue from Brian J. Kane, rep- received a from IA 32 to Vizaleea resenting Port of Dubu- Resolution Drive Safety Improve- que Brewery Develop- Resolution nteers to 1 ments Project to ment, LLC, advising dispose of ers for a McDermott Excavating that his client strongly ty by least partner - in the amount of prefers that the docks with Dubu{. $31r� 1Lnon rnn- he ronstrycted in front sori Schoo Dubu{. Com- '1111.111. .11 ,p.1 IXS 3I1V) 60, 1I1N0111NNO) Ewa 32 Bike - Phase 3 J appoint- ity Council ve (cur- il Member rs) to the �ittee. Mo- emending Council y Council S69'8£S :(1NSW Ob0'6IS:dHSW *LIE IN II!►'C)'1!V'01nd JaMod lwaH Es 'spas pa}Day 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 29, 2009, and for which the charge is $326.38. 1 .P /er Subscribed to before otary Public in and for Dubuque County, Iowa, this //ya day of , 20 D47 . dilr 11I „.4 ..,......: _ otary Public in and for Dubuque County, Iowa. �sMARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on July 20, 2009 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to discuss the East / West Con- nectivity Study. WORK SESSION East / West Connectivity Study Project Manager Steve Sampson Brown explained that the pur- pose of the work ses- sion was to provide an update on the progress of the project and that the focus has been on working on multi - modal corridors, traffic capacity, and bike/pe- destrian access as well as topics from the No- vember 2008 work ses- sion regarding difficul- ties with constrained —right-of-way , corri- dors impacting the ex- pansion of typical cross sections which best facilitate the three modes. Will Sharp and Courtney Sokol, of HDR, Inc., 8404 Indian Hills Drive, Omaha, Ne- braska, reviewed the study process and pro- vided updated informa- tion from the previous work session via oral report and slide pre- sentation including: • Review study proc- ess and schedule • Corridor improve- mentscenarios — Scenarios 1-18 from November 2008 work session Scenarios 19-22, new corridor improve- ment scenarios • Review corridor screening findings: identification and stra- tegies • Concept develop- ment update • Culmination at No- vember 2009 work ses- sion Following City Council discussion, Mr. Sharp summarized by stating HDR started by opti- mizing traffic capacity and consideration of complete streets. The purpose of the study was to focus on east/west corridor ca- ' pacity improvements. Mr. Sharp believed there are no easy or prefect solutions that can feasibly solve it all within acceptable costs and acceptable levels of right-of-way impacts. The plan will improve operations for pedestrians and bicy- cles, is balanced with right-of-way and cost impacts, and is consis- tent with the trail plan developed by the City. There being no fur- ther business, upon motion the City Council adjourned at 6:02 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 7/29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 2009 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney Lindahl dential dwelling locat- Mayor Buol read the ed at 502/ 504 Rhom- call and stated this is a berg Avenue as part of regular session of the the acquisition pro - City Council to act gram associated with upon such business the Bee Branch Creek that may properly Restoration Project. come before the City Upon motion the docu- Council. ments were received Invocation was pro- and filed and Resolu- vided by Pastor Jenni- tion No. 238-09 Approv- fer Meyer of Rockdale- ing the acquisition of Center Grove Method- real estate located at ist Church 502 / 504 Rhomberg CONSENT ITEMS Avenue in the City of Motion by Lynch to Dubuque was adopted. receive and file the Citizen Communica- documents, adopt the tion: Communication resolutions, and dis- from Patricia Haas urg- pose of as indicated. ing the City to adopt Seconded by Voetberg. the Proposed Ordi- Motion carried 7-0. nance Section 5-2.1 re - Minutes and Reports garding conditional Submitted: Cable TV uses for R-1 Dwellings, Teleprogramming in particular Accessory Commission of 6/2; Dwelling Units. Upon City Council of 7/6 and motion the document 7/9; Civil Service Com- was received and filed. mission of 6/10; Histor- U.S. Department of is Preservation Com- Housing and Urban De - mission of 6/18 (Regu- velopment: Communi- lar Meeting and Work- cation from the U.S. session); Investment Department of Housing Oversight Advisory and Urban Develop - Commission of 4/22; ment advising that the Zoning Advisory Com- mission of 7/1; Zoning Board of Adjustment of 6/25 Investment Oversight Commission's 64th Quarterly Report Proofs of publication of City Council Pro- ceedings of June 15, 23, and 30, 2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Camille Black- burn for vehicle dam- age; • Paula Ham merand for personal injury; Marjorie Meyer for property 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 re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Katherine Dietzel for vehicle damage; Marjorie Meyer for property damage; Camille Black - bourn for vehicle dam- age; Paula Hammerand for personal injury. Upon motion the docu- ments were received, filed and concurred. Agreement with Hill - crest Family Services: City Manager recom- mending approval of an agreement with Hill - crest Family Services for the use of Murphy Park for a holiday light display. Upon motion the documents were received, filed, and ap- proved. Purchase of Property - 502 / 504 Rhomberg Avenue: City Manager recommending appro- val to purchase a resi- Homelessness Preven- tion and Rapid Re - Housing Program Sub- stantial Amendment to the City's Consolidated Plan 2008 Action Plan had been approved for funding. Upon motion the documents were received and filed. Iowa Great Places Grant: City Manager recommending appro- val of the submittal of the Iowa Great Places grant application for the following projects: Streetscape an d Public Space Improvements in the Historic Mill - working District; Na- tional Mississippi River Museum and Aquarium Great River Center Phase II; and Installa- tion of Windows in the Carnegie -Stout Library Renovation. Upon mo- tion the documents were received, filed, and approved. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from .the Public, Educational, and Government (PEG) Capital Grant for Ac- cess Equipment and Facilities for up to $4,200 for a portable digital recorder for re- cording of School Board meetings and other events. Upon mo- tion the documents were received, filed, and approved. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager recommending that the that the original con- tract offer awarded to K & W Coating, LLC of Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be awarded to the second low bidder, Superior Painting & Epoxy Coat- ing, LLC of Urbandale, Iowa in the amount of $36,256. Upon motion the documents were received and filed and Resolution No. 239-09 Rescinding Resolution No. 142-09 Awarding the Public Improve- ment Contract for the Eagle Point Water Plant Clear Well Reser- voir Phase II Rehabili- tation (Pipe Coating) Project to K & W Coat- ing, LLC; and Resotu- tion No. 240-09 Award- 1ing the public improve- ment contract for the i Eagle Point Water 1 Plant Clear Well Reser- 1 voir Phase II Rehabili- tation (Pipe Coating) Project to Superior Painting & Epoxy Coat- ing, LLC, were adopted. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- 1 ments - Project, Phase II: City Manager rec- ommending aw ard of the public improve- ment contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- , ments Project to McDermott Excavating 1 in the amount of ments were received, #161, Ror� filed, and approved. #160, RBike dJ wa 32 e Alcohol CompliancePhase #159, OkJJJd appoint - .Civil 3 .Civil Penalty for Alco- Kwik Stop Council hol License Holders: Oky Doky Y City Manager recom- Kwik Starrve (cur - mending approval of Resolutional Member the Acknowledgement/ Granting fors) to the Settlement Agreement of a ClasrlIttee. Mo- for a first offense alco- Liquor Liccs to receive hol compliance viola- nut Tap; ;documents tion for Lot One. Upon "C" Li quoint Joyce motion the documents Bell Tow{ the City were received, filed, tions; Cla esentative. and approved. Permit to Voetberg. Delinquent Water, pressions ed 7-0. Sewer, Refuse and Doky #6; Dn of A11- Storm Water Collection "WBN" Ncles (ATV) Accounts: City Manag Permit Onager rec- er recommending ap- #495 were that the proval of the submis-ITEMS TObe restrict- sion of delinquent wa- PUBLIC?thanp ne rty ter, sewer, refuse and Motion and only storm water collection receive l,nse and accounts to the Dubu- document_ only with que County Treasurer. resolutions Upon motion the docu- public heaPermission ments were received cated, an&rty owner and filed and Resolu- City Clerkly owner is tion No. 244-09 Adopt- notice as peer of the ing the Schedule of As- law. Secosed ordi- sessments for delin- Braid. m pti ng Chap- quent water, refuse, 7-0. r Vehicles sewer and storm water Slattery of the City collection accounts - Dubuque ode of Or - and directing the Clerk School: Ci amending to certify the schedule recommenPll-Terrain of assessments to the public hea0hibituse County Treasurer and for August' vehicles to publish notice there- consider less than of was adopted. Slattery Ce' removed Port of Dubuque Park to ida. City 'inter Riverfront Marina Proj- School. UI ect: Communication the docunCity Man - from Brian J. Kane, rep- received apmending resenting Port of Dubu- Resolution V Council que Brewery Develop -Resolution ly Council ment, LLC, advising dispose of nteers to that his client strongly ty by leaseers for a prefers that the docks with Dubu&, partner- $31Q.72,15L "tan-na4- ha inns r acted in front sori SchootIty Com- . . , IXS S31111) 60, 01111011111ilth S69'8£S :djSW JaMod Iwo!' L'S 'goes paling 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 29, 2009, and for which the charge is $326.38. Pde Subscribed to before a ' otary Public in and for Dubuque County, Iowa, this Spa day of - / / , 20 D9 . otary Public in and for Du uque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEE, 1, 2011 Elkader, Iowa in the amount of $35,000 for the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project be rescinded and a new contract be awarded to the second low bidder, Superior Painting & Epoxy Coat- ing, LLC of Urbandale, Iowa in the amount of $36,256. Upon motion the documents were received and filed and Resolution No. 239-09 Rescinding Resolution No. 142-09 Awarding the Public Improve- ment Contract for the Eagle Point Water Plant Clear Well Reser- voir Phase II Rehabili- tation (Pipe Coating) Project to K & W Coat- ing, LLC; and Resolu- tion No. 240-09 Award- ing the public improve- ment contract for the Eagle Point Water Plant Clear Well Reser- voir Phase II Rehabili- tation (Pipe Coating) Project to Superior Painting & Epoxy Coat- ing, LLC, were adopted. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments - Project, Phase II: City Manager rec- ommending award of the public, improve- ment contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improve- ments Project to McDermott Excavating in the amount of $310,221.51. Upon mo- tion the documents were received and filed and Resolution No. 241- 09 Awarding public im- provement contract for the Pennsylvania Ave- nue from IA 32 to Viza- leea Drive Safety Im- provements Project was adopted. Final Plat - Graf Farm: City Manager recom- mending approval of the final plat of Graf Farm Subdivision in Dubuque County, Iowa. Upon motion the docu- ments were received and filed and Resolu- tion No. 242-09 Re- scinding Resolution No. 362-08 and approving the final plat of Graf Farms in Dubuque County, Iowa, was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Fire Equip- ment Operator. Upon, motion the documents were received and filed and made a Matter of Record. Community Develop- ment Block Grant (CDBG) Fiscal Year 2010 Annual Action Plan Amendment #1: City Manager recom- mending approval of the first amendment to the Fiscal Year 2010 Annual Action Plan. Upon motion the docu- ments were received and filed and Resolu- tion No. 243-09 Approv- ing Amendment #1 to the Fiscal Year 2010 (Program Year 2009) Annual Action Plan for rettes to Awn Stop nary approval of plans, terms through August described Community Develop- Mart, Dubuque Mining specifications, form of 1, 2012 (Terms of Carr cated north of the Uproperty mo consider - specifications, form of Fiscal Year 2010 Du- direction. ment Block Grant Company, Hammer- contract, and estimat- and Luchsinger) At- versity Avenue and contract and estimated buque County REAP There being no fur Funds was adopted. heads Bar, Oky-Doky ed cost; setting date of large and General Con- Ethel Street intersec- cost for the Locust Plan: City Manager rec- ther business, upon 2009 Justice Assis- #14 and Pioneer's Rest public hearing on tractor requirements. tion from OR Office Street Resurfacing - ommending approval motion the City Council tance Grant (JAG): City Area; Resolution No. plans, specifications, Applicants: Richard Residential District to 9th to 17th Streets of the City of Dubu- adjourned at 8:10 p.m. Manager recommend- 247-09 Granting the is- form of contract, and Luchsinger, 2875 PUD Planned Unit De- Project and City Man- que's update of the Fis- /s/Jeanne F. Schneider, ing acceptance of the suance of a Class "B" estimated cost; and or- Brueck Road (At -Large velopment District with ager recommending cal Year 2010 Dubuque CMC, City Clerk 2009 Justice Assistance Beer Permit to Monkey dering the advertise- Reappointment); a PR Planned Residen- approval: Motion by County REAP Plan, sub- It 7/29 Grant (JAG) in the Business Family Fun; ment for bids for the Chuck Carr, 1705 Kathy tial District designation Lynch to receive and mittal of the Fiscal amount of $360,320. and a Class "C" Beer Garfield Retaining Wall Drive (General Con- and adopting a concep- file the documents and Year 2010 REAP grant Upon motion the docu- Permit to Road Ranger Repair Project was tractor Reappoint- tual development plan. adopt Resolution No. application for installa- ments were received, #161, Road Ranger adopted setting a pub - filed, and approved. #160, Road Ranger lic hearing for a meet - Alcohol Compliance - #159, Oky Doky #6, ing to commence at Civil Penalty for Alco- Kwik Stop Food Mart, 6:30 p.m. on August 3, hol License Holders: Oky Doky #14 and 2009 in the Historic City Manager recom- Kwik Star #495; and Federal Building. mending approval of Resolution No. 248-09 Historic Shot Tower the Acknowledgement/ Granting the issuance Rehabilitation Project: Settlement Agreement of a Class "C" Beer/ City Manager recom- for a first offense alco- Liquor License to Wal- mending initiation of hol compliance viola- nut Tap; Special Class the public bidding tion for Lot One. Upon "C" Liquor License to process for the Historic motion the documents Bell Tower Produc- Shot Tower Rehabilita- were received, filed, tions; Class "B" Wine tion Project and that a and approved. Permit to' Basket Ex- public hearing be set Delinquent Water, pressions and Oky for August 3, 2009. Sewer, Refuse and Doky #6; and a Class Upon motion the docu- Storm Water Collection "WBN" Native Wine ments were received Accounts: City Manag- Permit to' Kwik Star and filed and Resolu- er recommending ap- #495 were adopted. tion No. 252-09 Prelimi- proval of the submis- ITEMS TO BE SET FOR nary approval of plans, sion of delinquent wa- PUBLICHEARING specifications, form of ter, sewer, refuse and Motion by Lynch to contract, and estimat- storm water collection receive and file the ed cost; setting date of accounts to the Dubu- documents, adopt the public hearing on que County Treasurer. resolutions,. set the plans, specifications, Upon motion the docu- public hearings as indi- form of contract, and ments were received cated, and direct the and filed and Resolu- City Clerk to publish tion No. 244-09 Adopt- notice as prescribed by ing the Schedule of As- law. Seconded by sessments for delin- Braig. Motion carried quent water, refuse, 7-0. sewer and storm water Slattery Center Lease collection accounts - Dubuque Montessori and directing the Clerk School: City Manager to certify the schedule recommending that a of assessments to the public hearing be set County Treasurer and for August 3, 2009 to to publish notice there- consider leasing the of was adopted. Slattery Center in Flora Port of Dubuque Park to Montessori Riverfront Marina Proj- School. Upon motion ect: Communication the documents were from Brian J. Kane, rep- received and filed and resenting Port of Dubu- Resolution No. 249-09 que Brewery Develop -Resolution of Intent to ment, LLC, advising dispose of real proper - that his client strongly ty by lease agreement prefers that the docks with Dubuque Montes- be constructed in front sori School was adopt - of (or to the east of) ed setting a public the brewery building. hearing for a meeting City Manager's re- to commence at 6:30 sponse to Brian J. p.m. on August 3, 2009 Kane. in the Historic Federal Upon motion the Building. documents were re- Fire Station No. 4 - ceived and filed. Door Replacement Pro - Midwest High Speed ject: City Manager rec- Rail Association: City ommending initiation Manager recommend- of the public bidding ing that the City join process for the Fire the Midwest High Station No.'4 - Door Re - Speed Rail Association placement Project and (MHSRA), a member- that a public hearing ship -based, non-profit be set for August 3, organization advocat- 2009. Upon motion the ing the development of documents' were re - fast, frequent and de- ceived and filed and pendable passenger Resolution No 250 09 trains, at the $500 pa- tron level. Upon motion the documents were received, filed, and ap- estimated cost; setting desire to serve on the nation and adopting a ried 7-0. tion to the Vi proved, date of public hearing following Boards/Com- conceptual develop- E.B. Lyons Nature wa's River Enhance - Liquor License Trans- on plans, specifica- missions: ment plan and Zoning Center Addition Proj- ment Community At- fer: Request of the Ro- tions, form of contract, Civil Service Commis- Advisory Commission ect: Proof of publica- traction and Tourism tary Club to transfer and estimated cost; sion: One 4-year term recommending appro- tion on notice of public Program (RECAT). Du - their liquor license to and ordering the ad- through April 6, 2012 val. Motion by Jones to hearing to consider the buque County Histori- the Alliant Energy Out- vertisement for bids (Term of Krueger). Ap- receive and file the plans, specifications, cal Society Executive door Amphitheater on for the Fire Station No. plicants: Tom Rawson, documents and that form of contract and Director Jerry Enzler, August 29, 2009 for the 4 - Door Replacement 2310 Knob Hill Drive; the requirement that a estimated cost for the 531 W. Heller, East Du - Irish Hooley event. Project was adopted John Stevens, 2215 proposed ordinance be E.B. Lyons Nature Cen- buque, spoke in sup- . bl. hear- Graham Circle; Eliza- considered and voted ter Addition Project port of the proposed ment). Motion by Braig Seconded by Braig. 258-09 Approving tion of the Iowa 32 Bike to appoint Richard 'Motion carried 7-0. plans, specifications, / Hike Trail - Phase 3 Luchsinger and Chuck Water Revenue Capi- form of contract, and Project and appoint - Carr to the Building tal Loan Notes: Proof of estimated cost for the ment of a City Council Code Board of Appeals publication on notice E.B. Lyons Nature Cen- representative (cur - for 3-year terms of public hearing to ter Addition Project. rently Council Member through August 1, 2012, consider the issuance Seconded by Braig. Joyce Connors) to the for the At -Large and of not to exceed Motion carried 7-0. REAP Committee. Mo- General Contractor re- $8,000,000 Water Reve- Upon motion the rules tion by Jones to receive quirements respective- nue Capital Loan Notes were reinstated limit- and file the documents ly. Seconded by and City Manager rec- ing discussion to the and appoint Joyce Connors. Motion car- ommending approval. City Council. Connors as the City ried 7-0. Motion by Connors to ACTION ITEMS Council representative. Library Board of receive and file the Request to Address Seconded by Voetberg. Trustees: Three 4-year documents and adopt the City Council - Open Motion carried 7-0. terms referenced with Resolution No. 254-09 Meetings: Request of Restriction of All - expiration dates con- Instituting proceedings June E. Strueber to ad- Terrain Vehicles (ATV) tingent upon the re- to take additional ac- dress the City Council Use: City Manager rec- cently adopted ordi- tion for the authoriza- regarding the open ommending that the nance which re- tion of a loan and dis- meetings law. June use of ATVs be restrict - staggers terms: 2 bursement agreement Strueber, 2086 Katrina ed to private property terms through July 1, and the issuance of not Circle addressed the of not less than one 2010; and 1 term to exceed $8,000,000 City Council regarding acre in size, and only through July 1, 2013 Water Revenue Capital what she believed to between sunrise and. (Terms of Guns, Kolz, Loan Notes. Seconded be violations of the sunset, and only with and Willis). Applicants: by Lynch. Motion car- Open Meetings Law on the written permission Diann Guns, 1715 Diane ried-?-0. the part of her Home of the property owner ] Court (Seeking reap- Iowa 32 Hike / Bike Owners Association if the property owner is pointment through July Trail Phase 2 Project: Board. Ms. Strueber not the owner of the 1, 2010); Beverly Kolz, Proof of publication on was informed that the ATV. A proposed ordi- 2206 Simpson Street notice of public hear- City Council has no ju- nance amending Chap - (Seeking reappoint- ing to consider the risdiction over this as- ter 32 (Motor Vehicles ment through July 1, plans, specifications, sociation and that the and Traffic) of the City 2010); Gail Murphy, form of contract, and, Open Meetings Law of Dubuque Code of Or- 3096 Oak View Court estimated cost for the applies only to govern- dinances by amending (First-time applicant); Iowa 32 Hike / Bike mental bodies. Motion Section 32.4 All -Terrain Lorri Regan, 2659 Trail Phase 2 Project by Connors to receive Vehicles to prohibit use Queen Street (First- and City Manager rec- and file the documents. of all -terrain vehicles time applicant); Mike pp on property less than Willis, 1365 West 5th Street (Seeking reap- pointment through July 1, 2013). Upon Council concurrence, Mayor Buol appointed Diann Guns and Beverly Kolz to newly staggered, 4- year terms through Ju- ly 1, 2010, and Mike Willis to a 4-year term through July 1, 2013. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. PUBLIC HEARINGS Request to Rezone - University Avenue be- tween Ethel and Prysi Streets: Proof of publi- cation on notice of public hearing to con- sider a request from Tom Kluck to rezone property located north of the University Ave- quest of Jerry Enzler, nue and Ethel Street in- proving plans, specifi- National Mississippi tersection from OR Of- cations, form of con- River Museum and fice Residential District tract, and estimated Aquarium, to address to PUD Planned Unit cost for the Trail Proj- the City Council re - Preliminary approval of Development District ect at Bergfeld Recrea- garding a Resolution of plans, specifications, ed to address the City with a PR Planned Res- tion Area. Seconded by Support for the Histori- form of contract, and Council regarding their idential District desig- Connors. Motion car- cal Society's applica- estimated cost; and or- dering the advertise- ment for bids for the Historic Shot Tower Rehabilitation Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2009 in the Historic Federal Building. Storm Water Utility Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for September 8, 2009 to consider the issu- ance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes. Upon mo- tion the documents were received and filed and Resolution No. 253- 09 Fixing date for a meeting on the author- ization of a Loan and Disbursement Agree- ment and the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes of Dubu- que, Iowa and directing publication of notice thereof was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on September 8, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invit- ommending approval. Seconded by Braig. Motion by Lynch to re- Motion carried 7-0. ceive and file the docu- Request to Address ments and adopt Reso- the City Council - Dog lution No. 255-09 Ap- Park: Request of Toni proving plans, specifi- cations, form of con- tract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project. Seconded by Braig. Motion carried 7-0. Trail Project at Berg- feld Recreation Area: Proof of publication on notice of public hear- ing to consider the plans, specifications, form of contract and estimated cost for the Trail Project at Berg- feld Recreation Area and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 256-09 Ap- Kretschmer to address the City Council re- garding the dog park. Toni Kretschmer, 255 York Street,,requested that the City Council keep the current dog park open in addition to opening other loca- tions. Julie Lindecker, 435 English Lane, stat- ed that she believed most big cities have more than one dog park and that only a few people are making the complaints. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion carried 7-0. Dubuque County His- torical Society: Re - one acre was removed from the agenda. Dubuque Sister City Relationship: City Man- ager recommending that the City Council solicit two City Council Member volunteers to recruit members for a public/private partner- ship Sister City Com- mittee and then agree to serve on that com- mittee. Motion by Con- nors to receive and file the documents and ap- point Council Members Voetberg and Lynch. Seconded by Voetberg. Connors stated that she was much in favor of the program. Motion carried 7-0. PUBLIC INPUT Ann Michalski, 1520 Altura Street, stated that she was very con- cerned about the City Council approving mil- lions of dollars in bond sales without any questions asked from Council members or citizens and that it was a matter of civic re- sponsibility. Charles Harris, 2473 Jackson Street, in- quired as to how much revenue the City re- ceives from pet licens- ing and where it is spent in relationship to the ongoing mainte- nance of the dog park. Mr. Harris also com- Upon motion the docu setting a pu ments were received, ing for a meeting to beth Takes, 1245 Dun- on for passage at two and City Manager rec- resolution. mented on hearing filed, and approved. commence at 6:30 p.m. leith Court. Mr. Rawson Council meetings prior ommending approval. City Manager recom- noise from Comiskey Liquor / Tobacco Ap- on August 3, 2009 in and Ms. Takes spoke in to the meeting at Motion by Jones to re mending approval of Park as compared to plications: City Manag- the Historic Federal support of their ap- which it is to be passed ceive and file the docu- the Resolution of Sup- noise from a dog park. er recommending ap- Building. pointment. be suspended. Second- ments and adopt Reso- port for the Historical CLOSED SESSION proval of annual liquor Garfield Retaining Transit Board of ed by Lynch. Motion lution No. 257-09 Ap- Society's application to Motion by Jones to go license renewals as Wall Repair Project: Trustees: One 3-year carried 7-0. Planning proving plans, specifi- the Vision Iowa's River into close session at submitted. Upon mo- City Manager recom- term through July 30, Services Manager cations, form of con- Enhancement Com- 7:50 p.m. regarding tion the documents mending initiation of 2012 (Term of Sted- Laura Carstens provid- tract, and estimated munity Attraction and pending litigation and were received and filed the public bidding man). Applicants: Tho- ed a staff report. cost for the E.B. Lyons Tourism Program property acquisition and Resolution No. 245- process for the Gar- mas Croissant, 444 An- Motion by Jones for fi- Nature Center Addition (RECAT). pursuant to Chapter 09 Granting the issu- field Retaining Wall Re- gella Street, #8; Mat- nal consideration and Project. Seconded by Motion by Connors to 21.5(1)(c)(j) 2009 Code ance of one new li- pair Project and that a thew Esser, 90 - Main passage of Ordinance Voetberg. Motion car- receive and file the of Iowa. Seconded by cense to sell cigarettes public hearing be set Street, #201. No. 36-09 Amending ried 7-0. documents and adopt Braig. Motion carried to C & M Chains and for August 3, 2009. Appointments to the Appendix A (The Zon- Locust Street Resur- Resolution No. 259-09 7-0. Things; Resolution No. Upon motion the docu- following Boards/Com- ing Ordinance) of the facing - 9th to 17th Resolution of Support Upon motion the City 246-09 Granting the is- ments were received missions: City of Dubuque Code Streets Project: Proof (Endorsing Applica- Council reconvened in suance of five renewal and filed and Resolu- Building Code Board of Ordinances by re- of publication on no- tion). Seconded by open session at 8:09 licenses to sell ciga- tion No. 251-09 Prelimi- of Appeals: Two 3-year classifying hereinafter tice of public hearing Resnick. Motion car -p.m. stating that staff • I - t the lans ried 7-0 had been given proper STATE OF IO` DUBUQUE CO CERTIFI , Suzanne Pike, a Billin4 corporation, publisher of published in the City of I certify that the attached r. dates: July 29, 2009, and Subscribed to before n e this 3pi day of \_ C