Proof of Publication_City Council Proceedings 8 3 09CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
August 3, 2009 in the
Historic Federal Build-
ing.
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
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 Deacon Dave
Brinkmoeller, Holy Spi-
rit Pastorate
PROCLAMATIONS
United Way Campaign
Time was accepted by
United Way Campaign
Co-Chair Tom Giese,
395 Villa Street.
Iowa Private College
Week (August 3 - 8,
2009) was accepted by
Sue Czeshinski. Direc-
tor of Communication,
Loras College, 1450 AI-
ta Vista; Mike Cyze, Ex-
ecutive Director of
Communication, Clarke
College, 1550 Clarke
Drive; and Kristi Lynch,
Public Relations Direc-
tor, University of Dubu-
que, 2000 University
Avenue.
Responsible Gaming
Education Week {Au-
gust 3 - 7, 2009) was
accepted by Carrie
Tedore, Diamond Jo
Casino, 301 BeII Street,
and Joey Anderson,
Mystique Casino, 1855
Greyhound Road.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
with (#5) seine ~ Knoldl
Subdivision being
pulled from the agen-
da. Seconded by Braig.
Braig requested (#3)
Homelessness Preven
tion and Rapid Re
Housing Program b
held for separate djs
cussion. Motion Carrie
7-0.
Minutes and Report
Submitted: City Coun
ciI of 7/20; Housin
Commission of 6/2.3
Human Rights Commis
Sion of 6/8; Investmen
Oversight Advisor
Commission of 7/22
Investment Oversigh
Advisory Commissio
65th Quarterly Report
Proofs of publicatio
of City Council Pro
ceedings of July 6, 200
(Special Session an
Regular Meeting) an
List of Claims and Su
mart' of Revenues f
Month Ended June 3
2009
Substance Abus
Services Center Fourt
Quarter Report
Upon motion th
documents were r
ceived and filed,
Notice of Claim
Suits: James lee Woit
and filed and Resolu- a
tion No. 261-09 Approv- a
ing Acquisition Plat of F
Lot A of Lot 2 of lot 1 q
of the E'/z of the SW'/a a
of Section 21, T89N, f
R2E, 5th P.M. in the I
City of Dubuque, Dubu- T
que County, Iowa; Res-
olution No. 262-09 Ac-
cepting aconveyance
of property of Lot A of t
Lot 2 of Lot 1 of the E''h i
of the SW Ya of Section c
21, T89N, R2E, 5th P.M.
in the City of Dubuque, s
Dubuque County, Iowa;
Resolution No. 263-09
Accepting the grant of
an easement for under-
ground electric, fiber
optic cable, traffic sig-
nalsand other appurte-
nances through, under
and across a part of
lot 1 of Lot 1 of Lot 2 of
the E'/z of the SW Ya of
Section 21, T89N, R2E,
5th P.M. in the City of
Dubuque; and Resolu-
tion Na. 264-09 Accept-
ing the grant of an
easement for under-
ground electric, #iber
optic cable, traffic sig-
nalsand other appurte-
nances through, under
and across a part of
Lot 2 of Lot 1 of the E Yz
of the SW Yn of Section
21, T89N, R2E, 5th P.M.
in the City of Dubuque
were adopted.
Kephart Building im-
provements -Selective
Demolition Project:
City Manager recom-
mending acceptance of
the construction con-
tract for the Kephart
Building Improvements
- Selective Demolition
Project. Upon motion
the documents were
received and filed and
Resolution No. 265-09
Accepting the Kephart
Building Improvements
- Selective Demolition
Project and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
DuRide Contract: City
Manager recommend-
ing approval of an
agreement with DuRide
to provide alternative
transportation to se-
nior citizens for Fiscal
Year 2010. Upon mo-
tion the documents
were received, filed,
and approved.
Housing Enterprise
Zone Agreement - Sus-
- tainable Neighborhood
Builders, Inc.: City
e Manager recommend-
ingapproval of the pro-
d posed Housing Enter-
prise Zone Program
s Agreement by and be-
- tween the Iowa Depart-
9 ment of Economic De-
velopment {IDED), City
of Dubuque and Sus-
t tainable Neighborhood
Y Builders, Inc. for rede-
velopment of the his-
t toric millwork building
n located at 1079 Elm
Street. Upon motion
n the documents were
- received and filed and
9 Resolution No. 266-09
d Approving a Housing
d Enterprise Zone Pro-
m- gram Agreement by
or and among the Iowa
0, Department of Eco-
nomic Development,
e the City of Dubuque
h and Sustainable Neigh-
borhood Builders, Inc.
e was adopted.
e- Housing Enterprise
Zone Agreement - 40
s/ Main, LLC: City Manag-
ger recommending
pproval of the Revised
fiscal Year 2010 Dubu-
ue County REAP Plan
nd grant application
or installation of the
owa 32 Bike / 'Hike
rail -Phase 3 Project.
Upon motion the docu-
ments were received
and filed and Resolu-
ion No. 268-09 Author-
zing REAP grant appli-
ation to Iowa Depart-
ment of Natural Re-
ources for Iowa 32
Bike /Hike Trail {phase
3) was adopted.
Step by Step -Iowa
Department of Eco-
nomic Development
Audit: City Manager
advising that the audit
report from the Iowa
Department of Eco-
nomic Development for
the Step by Step Proj-
ect gave the City high
marks for program
compliance and per-
formance.Upon motion
the documents were
received and #iled.
H1Nl Update: City
Manager submitting an
update on the Novel In-
fluenza A {HiNl) virus.
Upon motion the docu-
ments were received
and filed.
WestEhd Commercial
Subdivision: Communi-
cation from Brian
Kane, representing
Tschiggfrie Excavating
Company, requesting
the vacation of the re-
corded plat of West
End Commercial Subdi-
vision. Upon motion
the documents were
received and filed and
referred to the City
Manager.
Signed Contracts: Re-
tainer Agreement with
the Ferguson Group to
provide federal govern-
ment affairs consulting
services. Upon motion
the documents were
received and filed.
liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 269-09
Granting the issuance
of three renewal li-
censes to sell ciga-
rettes to Awn Stop
Mart #2, Friendly Lo-
cust Mart and Aragon
Tap; Resolution No.
270-09 Granting the is-
suance of a Class "B"
Beer Permit to Music n
More Promotions; and
Resolution No. 271-09
Granting the issuance
of a Class "C"
Beer/Liquor license to
Courtside Sports Bar
and Grill, Ten Pin Tap,
Shannon's Bar and
Gri11, and Bammers
Sport Bar and Grill
were adopted.
ITEMS TO BESET FOR
PUBLIC RiEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Voetberg. Motion car-
ried 7-0.
Eagle Point Water
Plant Vacuum Filter
Project: City Manager
recommending initia-
tion of the public bid-
k`"-~
for vehicle damage. er recommending ap-
Upon motion the docu- proval of the proposed
ments were received, Housing Enterprise
filed and referred to Zone Agreement by
the City Attorney. and among the Iowa
City Attorney advising Department of Eco-
that the following nomic Development
claim has been .refer- (IDED), the City of Du -
red to Public Entity buque and 40 Main,
Risk Services of Iowa, LLC related to the re -
the agent for the Iowa development of the
Communities Assur- former Higley Chemi-
ance Pool: James Wolfe cal building on South
fnr „NftiWila,3yrinp?RE n iee C}Capt .Inns„rpn-
f il�:e 01 d d55 - [5
nach, seconded by fr Permit to Music n
Smith, carried unani a Promotions; and
mously to approve and Cplution No. 271-09
authorize the Chair to siting the issuance
a Class " C"
Liquor License to
sign Resolution 09-160.
RESOLUTION 09-161 - N�
APPOINTMENT OF DE- I frside Sports Bar
PUTIES, ASSISTANTS S'Grill, Ten Pin Tap,
AND CLERKS non's Bar and
WHEREAS, position Ir and Bammers
vacancies have been t Bar and Grill
approved foaPpoth n adopted.
following _lS TO BE SET FOR
ments by the Board of c9,BLIC HEARING I
Supervisors through f tion by Lynch to I
the Personnel Requisi- t,e and file the
tion Process « ments, adopt the 3
NOW THEREFORE BE CJtions, set the 2
IT RESOLVED that the v hearings as indi-
Board of Supervisors and direct the e
approves and certifies cClerk to publish t
the following appoint- v, as prescribed by
ments to the Auditor Seconded by I.
for payroll implemen- ,erg. Motion car-
tation: r,
DEPARTMENT, P•
Point Water
POSITION, DATE ,AP- IIJ Vacuum Filter 4
PROVED, NAME, PAY st: City Manager 2i
RATE mending initia-
Sheriff, Courthouse n the public bid- iu
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STATE OF IOWA {SS:
this /e-day of
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: August 12, 2009, and for which the charge is $304.55.
0
,4
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
,20D,.
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
y Comm. Exp. FEB, 1, 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The 'Dubuque City
Council met in regular
session at 6:30 p.m. on
August 3, 2009 in the
Historic Federal Build-
ing.
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
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 Deacon Dave
Brinkmoeller, Holy Spi-
rit Pastorate
PROCLAMATIONS
United Way Campaign
Time was accepted by
United Way Campaign
Co -Chair Tom Giese,
395 Villa Street.
Iowa Private College
Week (August 3 - 8,
2009) was accepted by
Sue Czeshinski. Direc-
tor of Communication,
Loras College, 1450 Al-
ta Vista; Mike Cyze, Ex-
ecutive Director of
Communication, Clarke
College, 1550 Clarke
Drive; and Kristi Lynch,
Public Relations Direc-
tor, University of Dubu-
que, 2000 University
Avenue.
Responsible Gaming
Education Week (Au-
gust 3 - 7, 2009) was
accepted by Carrie
Tedore, Diamond Jo
Casino, 301 Bell Street,
and Joey Anderson,
Mystique Casino, 1855
Greyhound Road.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with (#5) Pine Knoll
Subdivision being
pulled from the agen-
da. Seconded by Braig.
Braig requested (#3)
Homelessness Preven-
tion and Rapid Re -
Housing Program be
held for separate dis-
cussion. Motion carried
7-0.
Minutes and Reports
Submitted: City Coun-
cil of 7/20; Housing •
Commission of 6/23;
Human Rights Commis-
sion of 6/8; Investment
Oversight Advisory
Commission of 7/22
Investment Oversight
Advisory Commission
65th Quarterly Report
Proofs of publication
of City Council Pro-
ceedings of July 6, 2009
(Special Session and
Regular Meeting) and
List of Claims and'Sum-
mary of Revenues for
Month Ended June 30,
2009
Substance Abuse t
Services Center Fourth a
Quarter Report b
Upon motion the
documents were re-
ceived and filed. Z
Notice of Claims/
Suits: James Lee Wolfe
vention and Rapid Re
Housing Program gran
agreement with th
U.S: Department o
Housing and Urban De
velopment. Seconde
by Jones. A portion o
the City Manager'
memo was presente
and read by Braig. Mo
tion carried 7-0.
Office of the City As
sessor: Communicatio
from Richard A
Engelken, City Asses
sor, advising that fou
Notice of Appeal and
Petition forms have
been filed with the
Property Assessmen
Appeal Board. Upon
motion the documents
were received and
filed.
Pine Knoll Condomini-
ums: This item was re-
moved from•the agen-
da.
Dubuque Community
School District: City
Manager recommend-
ing acceptance of the
warranty deed, the ac-
quisition plat and ease-
ments from the Dubu-
que Community School
District for traffic sig-
nal improvements on
Pennsylvania Avenue.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 261-09 Approv-
ing Acquisition Plat of
Lot A of Lot 2 of Lot 1
of the E1hofthe SWYa
of Section 21, T89N,
R2E, 5th P.M. in the
City of Dubuque, Dubu-
que County, Iowa; Res-
olution No. 262-09 Ac-
cepting a conveyance
of property of Lot A of
Lot 2 of Lot 1 of the E
of the SW 1/4 of Section
21, T89N, R2E, 5th P.M.
in the City of Dubuque,
Dubuque County, Iowa;
Resolution No. 263-09
Accepting the grant of
an easement for under-
ground electric, fiber
optic cable, traffic sig-
nals and other appurte-
nances through, under
and across a part of
Lot 1 of Lot 1 of Lot 2 of
the E�/zofthe SW1/aof
Section 21, T89N, R2E,
5th P.M. in the City of
Dubuque; and Resolu-
tion No. 264-09 Accept-
ing the grant of an
easement for under-
ground electric, fiber
optic cable, traffic sig-
nals and other appurte-
nances through, under
and across a part of
Lot 2ofLot 1ofthe E�h
of the SW Ya of Section
21, T89N, R2E, 5th P.M.
in the City of Dubuque
were adopted.
Kephart Building Im-
provements - Selective
Demolition Project:
City Manager recom-
mending acceptance of
the construction con-
tract for the Kephart
Building Improvements
- Selective Demolition
Project. Upon motion
the documents were
received and filed and
Resolution No. 265-09
Accepting the. Kephart
Building Improvements
- Selective Demolition
Project and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
DuRide Contract: City
Manager recommend-
ing approval of an
agreement with DuRide
to provide alternative
transportation to se-
nior citizens for Fiscal
Year 2010. Upon mo-
tion the documents
were received, filed,
and approved.
Housing Enterprise
Zone Agreement - Sus-
tainable Neighborhood
Builders, Inc.: City
Manager recommend-
ing approval of the pro-
posed Housing Enter-
prise Zone Program
Agreement by and be-
tween the Iowa Depart-
ment of Economic De-
Velopment (IDED), City
of Dubuque and Sus-
tainable Neighborhood
Builders, Inc. for rede-
velopment of the his-
toric millwork building
located at 1079 Elm
Street. Upon motion
the documents were
received and filed and
Resolution No. 266-09
Approving a Housing
Enterprise Zone Pro-
gram Agreement by
and among the Iowa
Department of Eco-
nomic Development, I
he City of Dubuque
nd Sustainable Neigh- r
orhood Builders, Inc.
was adopted.
Housing Enterprise
one Agreement - 40 r
Main, LLC: City Manag- t
- support the position
t that the DFIRM is not
e using current data on
f flood mitigation. Upon
- motion the documents
d were received, filed,
f and approved.
s Quarterly Investment
d Report: City Manager
submitting the Quar-
terly Investment Re-
- port for the period
n from April 1, 2009
. through June 30, 2009.
- Upon motion the docu-
r ments were received
and filed.
Housing Code Board
of Appeals: Resigna-
t tion of Jim (Demetris)
Matheos from the
Housing Code Board of
Appeals. Upon motion
the document was re-
ceived and filed and
the resignation accept-
ed.
Procurement Card
Vendor Selection: City
Manager recommend-
ing approval of the se-
lection of American
Trust and Savings Bank
as the City's procure-
ment card vendor.
Upon motion the docu-
ments were received,
filed, and approved.
Revised Fiscal Year
2010 Dubuque County
REAP Plan: City Man-
ager recommending
approval of the Revised
Fiscal Year 2010 Dubu-
que County REAP Plan
and grant application
for installation of the
Iowa 32 Bike / 'Hike
Trail - Phase 3 Project.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 268-09 Author-
izing REAP grant appli-
cation to Iowa Depart-
ment of Natural Re-
sources for Iowa 32
Bike / Hike Trail (Phase
3) was adopted.
Step by Step - Iowa
Department of Eco-
nomic Development
Audit: City Manager
advising that the audit
report from the Iowa
Department of Eco-
nomic D'evelopment for
the Step by Step Proj-
ect gave the City high
marks for program
compliance and per-
formance. Upon motion
the documents were
received and filed.
H1N1 Update: City
Manager submitting an
update on the Novel In-
fluenza A (H1N1) virus.
Upon motion the docu-
ments were received
and filed.
West End Commercial
Subdivision: Communi-
cation from Brian
Kane, representing
Tschiggfrie Excavating
Company, requesting
the vacation of the re- —
corded plat of West
End Commercial Subdi-
vision. Upon motion
the documents were
received and filed and
referred to the City
Manager.
Signed Contracts: Re-
tainer Agreement with
the Ferguson Group to
provide federal govern-
ment affairs consulting
services. Upon motion
the documents were
received and filed.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 269-09
Granting the issuance
of three renewal li-
censes to sell ciga-
rettes to Awn Stop
Mart #2, Friendly Lo-
cust Mart and Aragon
Tap; Resolution No.
270-09 Granting the is-
suance of a Class "B"
Beer Permit to Music n
More Promotions; and
Resolution No. 271-09
Granting the issuance
of a Class "C"
Beer/Liquor License to
Courtside Sports Bar
and Grill, Ten Pin Tap,
Shannon's Bar and
Grill, and Bammers
Sport Bar and Grill
were adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
aw. Seconded by
Voetberg. Motion car-
ied 7-0.
Eagle Point Water
Plant Vacuum Filter
Project: City Manager
ecommending initia-
ion of the public bid-
SED
ion
Conr
d file
d tha
ant th
dinanc
ad an,
,ssage
eeting
eeting
be p
coded.
nes. F\
O.
Aotion
!al cor
issage
�. 37.
iapter
Dubuc
nancew
ations
action
armits
on Dist
demc
ect a
o. 38-
hapter
f Dubuc
inance5
•vation
action
onbyf•
Subscribed to before me, a Notary Public in and I
this /9 day of co.,-
)3-2 (Y/_,,4
Notary Public in an
MARY K. WEST
Commission Num
My Comm. Exp. Fi
for vehicle damage. er recommending ap-
Upon motion the docu- proval of the proposed
ments were -received, Housing Enterprise
filed and referred to Zone Agreement by
the City Attorney. and among the Iowa
City Attorney advising Department of Eco-
that the following nomic Development
claim has been .refer- (IDED), the City of Du -
red to Public Entity buque and 40 Main,
Risk Services of Iowa, LLC related to the re -
the agent for the Iowa development of the
Communities Assur- former Higley Chemi-
ance Pool: James Wolfe
for vehicle damage.
Upon motion the docu-
ments were received,
filed, and concurred.
Homelessness Pre-
vention and Rapid Re -
Housing Program: City
Manager recommend-
ing approval of a
Homelessness Preven-
tion and Rapid Re -
Housing Program
(HPRP) grant agree-
ment with the U.S. De-
partment of Housing
and Urban Develop-
ment (HUD) in the
amount of $502,294.
Motion by Braig to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 260-09 Au-
thorizing execution of
a Homelessness Pre-
vention and Rapid Re -
Housing Program grant
agreement with the
U.S: Department of
Housing and Urban De-
velopment. Seconded
by Jones. A portion of
the City Manager's
memo was presented
and read by Braig. Mo-
tion carried 7-0.
Office of the City As-
sessor: Communication
from Richard A.
Engelken, City Asses-
sor, advising that four
Notice of Appeal and
Petition forms have
been filed with the
Property Assessment
Appeal Board. Upon
motion the documents
were received and
filed.
Pine Knoll Condomini-
ums: This item was re-
moved from•the agen-
da.
Dubuque Community
School District: City
Manager recommend-
ing acceptance of the
warranty deed, the ac-
quisition plat and ease-
ments from the Dubu-
que Community School
District for traffic sig-
nal improvements on
Pennsylvania Avenue.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 261-09 Approv-
ing Acquisition Plat of
cal building on South
Main Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 267-
09 Approving a Hous-
ing Enterprise Zone
Program Agreement by
and among the Iowa
Department of Eco-
nomic Development,
the City of Dubuque
and 40 Main, LLC, was
adopted.
Federal Emergency
Management Agency
(FEMA): City Manager
recommending that the
City of Dubuque trans-
mit objections to the
preliminary Digital
Flood Insurance Rate
Map's proposed new
flood zones, and pro-
vide documentation to
support the position
that the DFIRM is not
using current data on
flood mitigation. Upon
motion the documents
were received, filed,
and approved.
Quarterly Investment
Report: City Manager
submitting the Quar-
terly Investment Re-
port for the period
from April 1, 2009
through June 30, 2009.
Upon motion the docu-
ments were received
and filed.
Housing Code Board
of Appeals: Resigna-
tion of Jim (Demetris)
Matheos from the
Housing Code Board of
Appeals. Upon motion
the document was re-
ceived and filed and
the resignation accept-
ed.
Procurement Card
Vendor Selection: City
Manager recommend-
ing approval of the se-
lection of American
Trust and Savings Bank
as the City's procure-
ment card vendor.
Upon motion the docu-
ments were received,
filed, and approved.
Revised Fiscal Year
2010 Dubuque County
REAP Plan: City Man-
ager recommending
approval of the Revised
Fiscal Year 2010 Dubu-
;rU^f p„nf,tf 21fJ.0* que County REAP Plan
Went; and E and grant application
WHEREAS, said final E for installation of the
)lat has been h, Iowa 32 Bike / 'Hike
!xamined by the t Trail - Phase 3 Project.
)ubuque County Plan- Upon motion the docu-
ling and Zoning ments were received
;ommission, Dubuque and filed and Resolu-
;ounty Board of s tion No. 268-09 Author-
iealth, Dubuque i izing REAP grant appli-
;'ounty Engineer, Dubu- cation to Iowa Depart-
que County Treasurer ment of Natural Re -
and the Dubuque ' sources for Iowa 32
'ounty Plats Officer Bike / Hike Trail (Phase
and has their approval 3) was adopted.
andorsed thereon; and Step by Step - Iowa
WHEREAS, said final ' Department of Eco-
plat has been exam- nomic Development
fined by the Board of r Audit: City Manager
Supervisors of Dubu- advising that the audit
que County, Iowa, and report from the Iowa
they find the same Department of Eco-
conforms to the r nomic Development for
statutes and other Ithe Step by Step Proj-
regulatory ordinances ect gave the City high
and resolutions. marks for program
NOW, THEREFORE, BE (compliance and per -
IT RESOLVED, by the tormance. Upon motion
Board of Supervisors of the documents were
Dubuque County, Iowa; eceived and filed.
Section 1. That the tl H1N1 Update: City
above described pro-
perty is within the "R-
3" Single Family Resi-
dential district, thus
subject to all the
requirements of that
district.
Section 2. That each
lot will have a separate
septic system and
there will be no more
than four (4) shared
wells in this phase. The p
covenants include man- h rded plat of West
agement oversight of a d Commercial Subdi-
the water and waste- S ion. Upon motion
water systems for this N documents were
subdivision. eived and filed and
Section 3. That Ole n$erred to the City
streets shown upon Sranager.
said final plat are not aligned Contracts: Re -
accepted as Dubuque ainer Agreement with
County Streets and si Ferguson Group to
that Dubuque County lu vide federal govern -
shall assume no lia- Jnt affairs consulting
vices. Upon motion
documents were
eived and filed.
quor License Appli-
h
anager submitting an
pdate on the Novel In-
uenza A (H1N1) virus.
pon motion the docu-
�ents were received
nd filed.
West End Commercial
ubdivision: Communi-
ation from Brian
Pane, representing
chiggfrie Excavating
mpany, requesting
e vacation of the re-
bility for their design, F
construction and/or D
maintenance.
Section 4. That all of S
the lots will access off ions: City Manager
of the private roads. No n"ommending appro-
additional access to S of annual liquor li-
county roads will be se renewals as sub -
allowed. fed. Upon motion
Section 5. That the cq documents were
above described final ived and filed and
plat be and is hereby F olution No. 269-09
approved and the S nting the issuance
Chairperson of the A three renewal li-
Board of Supervisors is I ses to sell ciga-
authorized and direct-. S'es to Awn Stop
ed to endorse the ap- Rrt #2, Friendly Lo-
proval of Dubuque t Mart and Aragon
County, Iowa upon said sl; Resolution No.
final plat. n-09 Granting the is -
Motion by Manter- 'ince of a Class "B"
nach, seconded by f r Permit to Music n
Smith, carried unani- Ge Promotions; and
mously to approve and solution No. 271-09
authorize the Chair to Iting the issuance
sign Resolution 09-160. F',
a Class
RESOLUTION 09-161 - Nj/LiquorLicense to
APPOINTMENT OF DE- I'ltside Sports Bar
PUTIES, ASSISTANTS H!Grill, Ten Pin Tap,
AND CLERKS S non's Bar and
WHEREAS, position 1r and Bammers
vacancies have been t Bar and Grill
approved for the sladopted.
following appoint- n�S TO BE SET FOR
ments by the Board of BLIC HEARING
Supervisors through ? tion by Lynch to
Jinan open session a
•ety it p.m. stating tha
ed ari had been given
antial direction.
There being i
ther business,
motion the City
adjourned at 8:5
/s/Jeanne F. Sol
CMC, Ci
1t8/12
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Nistoi
;ion D I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc.,
scion corporation, publisher of the Telegraph Herald,a newspaper of general
n s't= published in the City of Dubuque, County of Dubuque and State of Iow
iin11-4
an, certify that the attached notice was published in said newspaper on the
„oliti dates: August 12, 2009, and for which the charge is $304.55.
histor
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Aotion
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tauter Subscribed to before me, a Notary Public in and for Dubuque County,
Dubuc
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DUBUQUE COUNTY
{SS:
/6'„h
,20Of.
Notary Public in and for Dubuque Count
MARY K. WESTERMEYER
Commission Number 154885
Ay Comm. Exp. FEB, 1, 2011
ding process for the
Eagle Point Water
Plant Vacuum Filter
Project and that a pub-
lic hearing be set for
August 17, 2009. Upon
motion the documents
were received and filed
and Resolution No. 272-
09 Preliminary appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on plans, spec-
ifications, form of con-
tract, and estimated
cost; and ordering the
advertisement for bids
for the Eagle Point Wa-
ter Plant Vacuum Filter
Project was adopted
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on August 17, 2009 in
the Historic Federal
Building.
Miller Road Water
Main Extension Proj-
ect: City Manager rec-
ommending initiation
of the public bidding
process. for the Miller
Road Water Main Ex-
tension Project and
that a public hearing
be set for August 17,
2009. Upon motion the
documents were re-
ceived and filed and
Resolution No. 273-09
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 ad-
vertisement for bids
for the Miller Road Wa-
ter Main Extension
Project was adopted
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on August 17, 2009 in
the Historic Federal
Building.
Highway 151/61 South
Water Main Extension
Project: City Manager
recommending initia-
tion of the public bid-
ding process for the
Highway 151/61. South
Water Main Extension
Project and that a pub-
lic hearing be set for
August 17, 2009. Upon
motion the documents
were received and filed
and Resolution No. 274-
09 Preliminary appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on plans, spec-
ifications, form of con-
tract, and estimated
cost; and ordering the
advertisement for bids
for the Highway 151/61
South Water Main Ex-
tension Project was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on August 17,
2009 in the Historic
Federal Building.
BOARDS/COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions: Housing
Commission: Three 3-
year terms through Culbertson,Au-
s of
olz
2012
Holz
and
Kapler). Applicants:
Dorothy Culbertson,
2095 University Ave- •
nue; Jim Holz, 2010 In-
diana Court; and David
Kapler, 827 Patricia
Ann Drive.
Appointments to the
following Boards/Com-
missions:
Civil Service Commis-
sion: One 4-year term
through April 6, 2012
(Term of Krueger). Ap-
plicants: Tom Rawson,
2310 Knob Hill Drive;
John Stevens, 2215
Graham Circle; Eliza-
beth Takes, 1245 Dun-
leith Court. Upon City
Council concurrence,
the Mayor appointed
Elizabeth Takes to the
Civil Service Commis-
sion for a 4-year term
through April 6, 2012.
Transit Board of
Trustees: One 3-year
term through July ,30,
2012 (Term of Sted-
man). Applicants: Tho-
mas Croissant, 444 An-
gella Street, #8; and
Matthew Esser, 90
Main Street, #201.
Upon roll call vote of 4-
3, Matthew Esser was
appointed to the Trans-
it Board of Trustees for
a 3-year term through
July 30, 2012.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Slattery Center Le4se
- Dubuque Montessori
School: Proof of publi-
cation on notice of
public hearing to con-
sider leasing the
Slattery Center in Flora
Park to Montessori
School and City Man-
ager recommending
approval. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
275-09 Disposing of an
interest in real proper-
ty by lease agreement
with Dubuque Montes-
sori School, . Inc.
Seconded by Jones.
Motion carried 7-0. '
Fire Station No. 4 -
Door Replacement Pro-
ject: Proof of publica-
tion on notice of public
hearing to consider the
plans, specifications,
form of contract and
estimated cost of
$81,150 for the Fire
Station No. 4- Door Re-
placement Project and
City Manager recom-
mending approval. Mo-
tion by Jones to receive
and file the documents'
and adopt Resolution
No. 276-09 Approving
plans, specifications,
form of contract, and
estimated cost for the
Fire Station No. 4 -
Door Replacement Pro-
ject. Seconded by
Lynch. Motion carried
7-0.
Garfield Retaining
Wall Repair Project:
Proof of publication on
notice of public hear-
ing to consider the
plans, specifications,
form of contract and
estimated cost of
$125,637 for the Gar-
field Retaining Wall Re-
pair Project and City
Manager recommend-.
ing approval. Motion
by Connors to receive
and file the documents
and adopt Resolution
No. 277-09 Approving
plans, specifications,
form of contract, and
estimated cost for the
Garfield Retaining Wall
Repair Project. Second-
ed by Jones. Motion
carried 7-0. .
Historic Shot Tower
Rehabilitation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans, specifications,
form of contract and
estimated ' cost of
$769,670 for the Histor-
ic Shot Tower Rehabili-
tation Project and City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 278-09 Approving
plans, specifications,
form of contract, and
estimated cost for the
Historic Shot Tower
Rehabilitation Project.
Seconded by Braig.
Motion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Every Child / Every
Promise: Request of
Chad M. Chandlee to
address the City Coun-
cii°regarding the Every
Child / Every Promise
organization and the
Youth Master Plan that
has been created. Chad
Chandlee, 897 Mt. Car-
mel Street, provided an
oral report on the prog-
ress of Every Child /
Every_Promise.
Kennedy Mall - Side-
walk -Ordinance: Com-
munication from James
M. Shurell requesting
to address the City
Council regarding the
City's sidewalk ordi-
nance. Motion by
Lynch to receive and
file the documents and
refer to the City Man-
ager. Seconded by
Voetberg. Joe Bell and
Jim Shurell, represent-
ing Kennedy Mall, 555
John F. Kennedy Road,
provided an oral pre-
sentation on their re-
quest for an exemption
to the recent Sidewalk
Ordinance citing public
safety in a heavily trav-
elled area and the sub-
stantial cost of instal-
ling sidewalks relative
to the minimal building
improvement. Motion
carried 6-1 with
Resnick voting nay.
Request to Address
the City Council: Re-
quest of Sgt. Lee
Harlow Andre to ad-
dress the City Council
regarding several is-
sues. Motion by Lynch
to receive and file.
Seconded by Connors.
Sgt. Lee; Harlow Andre,
1175 Highland Drive,
addressed the Council
regarding his thoughts
on the need for and the
closure of the Grand-
view Avenue Pet Park.
Demolition by Neglect
in Historic and Conser-
vation Districts: Histor-
ic Preservation Com-
mission recommending
adoption of amend-
ments to Chapters 25-7
and 11-4 of the Code of
Ordinances regarding
demolition by neglect
in historic and conser-
vation districts. Motion
by Connors to receive
and file the documents
and that the require-
ment that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Jones. Motion carried
7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 37-09 Amending
Chapter 11 of the City
of Dubuque Code of Or-
dinances Building Reg-
ulations by amending
Section 11-4 Demolition
Permits in Conserva-
tion Districts to prohib-
it demolition by ne-
glect and Ordinance
No. 38-09 Amending
Chapter 25 of the City
of Dubuque Code of Or-
dinances Historic Pres-
ervation by amending
Section 25-7(B) Demoli-
tion by Neglect Prohib-
ited. Seconded by
Jones. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. Motion
carried 7-0.
Restriction of All -
Terrain Vehicles (ATV)
Use: Ciiy Manager rec-
ommending approval
of amendments to the
City's provisions on the
use of all -terrain vehi-
cles (ATVs).
Communication from
Jack Nachtman, Man-
ager of Mt. Calvary
Cemetery Association,
urging passage of the
ordinance.
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 Voetberg. Motion
carried 7-0
Motion by Connors for
final consideration and
passage of Ordinance
No. 39-09 Amending
the City of Dubuque
Code of Ordinances
Section 32-321.1 Defini-
tions by amending the
definition of all -terrain
vehicle and amending
Section 32-321.234A
All -Terrain Vehicles Es-
tablishing Regulations
for AII-Terrain Vehicles
on Public Roadways,
Private Property, and
Right -of -Way, Enumer-
ating Exceptions for
Wheelchairs, Permitted
Events, Emergency
Rescue Operations,
and Establishing the
Penalty for Violation
Thereof. Seconded by
Voetberg. Motion car-
ried 7-0
Amendment to Devel-
opment Agreement - 40
Main, LLC: City Manag-
er recommending ap-
proval of the second
amendment to the De-
velopment Agreement
with 40 Main, LLC. Mo-
tion by Connors to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 279-09 Ap-
proving the Second
Amendment to the 40
Main, LLC Development
Agreement. Seconded
by Voetberg. Motion
carried 7-0.
Residential Parking
Permit Districts: City
Manager recommend-
ing approval of a
change in the Code of
Ordinances regarding
the Residential Parking
Permit Program to ac-
commodate non -dwell-
ing units (i.e., busi-
nesses) within a Resi-
dential Parking Permit
District. Motion by
Jones to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Voetberg. Motion car-
ried 7-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 40-09 Amending
City of Dubuque Code
of Ordinances Chapter
32 Motor Vehicles and
Traffic, Article VIII
Stopping, Standing and
Parking, Division VII
Residential Parking
Permit ,Program, Sec-
tion 32-321.725 Issu-
ance of Residential
Parking Permit author-
izing the City Manager
to issue permits for
non-residential proper-
ty. Seconded by Braig.
Motion carried 7-0.
U.S. Department of
Commerce - Economic
Development Adminis-
tration: Communica-
tion from Dennis
Alvord, Economic De-
velopment Administra-
tion, advising that the
City of Dubuque is the
winner of the EDA Ex-
cellence in Economic
Development Awards
2009 in the category of
Excellence in Historic
Preservation -Led Strat-
egies. Motion by
Voetberg to receive
and file the documents.
Seconded by Resnick.
Motion carried 7-0.
July 3 Fireworks Dis-•
play: City Manager rec-
ommending that the
request of the Dubuque
Jaycees, KDTH, KGRR
and the River to con-
duct a fireworks dis-
play on July 3, 2010 and
right of first refusal on
the dates in future
years be approved sub-
ject to the annual sub-
mittal and approval of
a City of Dubuque Spe-
cial Event Permit. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Se-
conded by Braig. Mo-
tion carried 7-0.
2009 - 2010 Deer Man-
agement Plan: City
Manager recommend-
ing approval of the
2009 - 2010 Urban Deer
Management Program.
Motion by Lynch to re-
ceive and file the docu-
ments and approve the
recommendation. Se-
conded by Resnick.
Motion carried 7-0.
Iowa 32 Hike / Bike
Trail Phase 2 Project:
City Manager recom-
mending award of the
public improvement
contract for the Iowa
32 Hike / Bike Trail
Phase 2 Project to
Connolly Construction
in the amount of
$187,248.00. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
280-09 Awarding con-
tract for the Iowa 32
Hike / Bike Trail Phase
2 Project. Seconded by
Connors. Motion car-
ried 7-0.
Trail Project at
Bergfeld Recreation
Area: City Manager
recommending award
of the public improve
ment contract for the
Trail Project at
Bergfeld Recreation
Area to Drew Cook and
Sons in the amount of
$392,087.70. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
281-09 Awarding con-
tract for the Trail Proj-
ect at Bergfeld Recrea-
tion Area. Seconded by
Lynch. Motion carried
7-0. open session
Locust Street Resur-
facing - 9th to 17th
Streets Project: City
Manager recommend-
ing award of the con-
tract for the Locust
Street Resurfacing -
9th to 17th Streets
Project to Tschiggfrie
Excavating Company in
the amount of
$540,420.12, subject to
Iowa Department of
Transportation appro-
val. Motion by Voet-
berg to receive and file
the documents and
adopt Resolution No.
282-09 Awarding public
improvement contract
for the Locust Street
Resurfacing - 9th to
17th Streets Project.
Seconded by Jones.
Motion carried 7-0.
National League of
Cities Institute for
Youth, Education and
Families: The National
League of Cities Insti-
tute for Youth, Educa-
tion and Families with
support from the
Charles Stewart Mott
Foundation has select-
ed Dubuque as one of
the first twelve cities
to participate in a
learning community for
municipal leaders
seeking to re-engage
disconnected youth
and the City Manager
is requesting one or
two City Council volun-
teers to participate in a
national summit on Oc-
tober llth - 13th in
Boston, Massachu-
setts. Motion by Con-
nors to receive and file
the documents and se-
lect Mayor Buol and
Council Member Con-
nors as participants.
Seconded by Resnick.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Resnick congratulated
Leisure Services Man-
ager Gil Spence and
the Leisure Services
staff on the successful
Eagle Point Park 100th
Anniversary Party held
August 2nd.
Jones thanked the
Telegraph Herald for
its article on police of-
ficers who must deliver
death notifications
published August 2nd.
PUBLIC INPUT
Marcos Rubenstein,
663 Fenlon Place, re-
quested that a group of
City staff be put to-
gether to look at the
concept of community
gardens.
CLOSED SESSION
Motion by Jones to go
into closed session at
8:09 p.m. regarding
pending litigation and
property acquisition
pursuant to Chapter
21.5(1)(c)(j) of the
Code of Iowa.
Seconded by Connors.
Motion carried 7-0.
Upon motion the City
Council reconvened in
at 8:49
hat staff
p.m. stating t
had been given proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 8:50 p.m.
/s/Jean CeFC SC City Clerk
M
ltl6/li
,ti 1 OF IOWA
DUBUQUE COUNTY
{SS:
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: August 12, 2009, and for which the charge is $304.55.
/6',4
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /' } day of � , 20 Oy .
Notary Public in and for Dubuque County, Iowa.
soMARY K. WESTERMEYER
: Commission Number 154885
My Comm. Exp. FEB. 1, 2011