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Proof of Publication_City Council Proceedings 8 17 09 Regular~ k Re- As- S orney com- i al of ' nt of pro- ethe at et as ,ranch Proj- the re- and 88-09 com- inent dings on of perty ilton Ma- uque r the k Re- was Con- I of Re- s for •vice Jpon ents filed enda quest City end- he is- stfor. Auto- Man- . Mo- to re- - docu- ethe ion. nors. dwall uxili- City end- f the dwall uxili- t, as Credit Application to the Iowa Department of Economic Develop- ment on behalf of 40 Main, LLC. Upon mo- tion the documents were received and filed and Resolution No. 290- 09 Approving aBrown- field/Grayfield Rede- velopment Tax Credit Application to the Iowa Department of Eco- nomic Development on behalf of 40 Main, LLC, was adopted. Workers' Compensa- tion Settlement: City Manager recommend- ing approval of the workers' compensation settlement with Bret Stierman and authori- zation to make pay- ment to Mr. Stierman in the amount of $35,592.60. Upon mo- tion the documents were received, filed, and approved. Amendment to Collec- tive Bargaining Agree- ment: City Manager recommending appro- val of an amendment to the collective bar- gaining agreement be- tween the City of Du- buque and the Interna- tional Union of Operat- ing Engineers to pro- vide for a work week that consists of ten hours per day and four days per week for full- time Public Safety Dis- patchers. Upon motion the documents were received, filed, and ap- proved. Office of the City As- sessor: Communication from Richard A. Engelken, City Asses- sor, advising that a No- tice of Appeal and Peti- tion form has been filed with the Property Assessment Appeal Board for property lo• Gated at 435 Kennedy Road. Upon motion the document was re- ceived and filed. Comprehensive Recy- cling Planning Task Force: Communication from Governor Chester J. Culver and Lt. Gover- nor Patty Judge ap- pointing Paul Schultz to the Comprehensive Recycling Planning Task Force. Upon mo- tion the document was received and filed. University of Dubuque fireworks Display: Communication from Jeffrey F. Bullock, Pres- ident - University of Dubuque, requesting 7-0. 2009 Sewer Cured-in- Place Pipe (CIPP) Lin- ing Project: City Man- ager recommending in- itiation of the bidding process for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Proj- ect and further recom- mends that a public hearing be set for Sep- tember 8, 2009. Upon motion the documents were received and filed and Resolution No.294- 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 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 8, 2009 in the His- toric Federal Building. BOARDS/COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Airport Commission: Two 4-year terms through September 14, 2013 (Terms of Brotherton and San- tillo). Applicants: Doug- las Brotherton, 2823 Hickory Hill Street, and Michael Santillo, 2929 Kristen Court. Mr. Brotherton and Mr. Santillo spoke in sup- port of their appoint- ment. Housing Trust Fund Advisory Committee: One 3-years term through September 8, 2012 (At-Large term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill Street. Ms. Hingtgen spoke in support of her appointment. Appointments to the following Boards/C;Om- mission: Housing Commission: Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler). Applicants: Dorothy Culbertson, 2095 University Ave- nue; Jim Holz, 2010 In- diana Court; and David Kapler, 827 Patricia Ann Drive. Motion by Braig to appoint Doro- parking issues have been addressed with the City, which in- cludes 1,000 parking spaces within the cam- pus for student park- ing. Dan McDonald of the Greater Dubuque Development Corpora- tion, 300 Main Street, spoke in favor of the proposed amendment. Planning Services Man- ager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 41-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Or- dinances by amending the Institutional Dis- trict boundaries for the University of Dubuque by rezoning the subject properties from R-1 Single-Family Residen- tial District to ID Insti- tutional District. Se- conded by Jones. Mo- tion carried 7-0. Eagle Point Water Plant Vacuum Filter Project: Proof of publi- cation on notice of public hearing to con- sider approval of the plans, specifications, form of contract and estimated cost far the Eagle Point Water Plant Vacuum Filter Project and City Man- ager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 295-09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Vacuum Filter Project. Seconded by Lynch. Motion carried 7-0. Miller Road Water Main Extension Proj- ect: Proof of publica- tion on notice of public hearing to consider ap- proval of the plans, specifications, form of contract and estimated cost for the Miller Road Water Main Extension Project and City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 296-09 Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project. agreement the Dubuque Builc Trades On-Site I gram (DBTOP) to rE vote the Bridge C plex in Eagle P Park. Motion by Jc to receive and file documents and prove the recomn dation. Seconded Connors. Motion ried 7-0. E.B. Lyons Na Center Expansion F ect: City Manager ommending awarc the public impn ment contract for E.B. Lyons Nature ter Expansion Prc to Stumpf Construc in the amount $1,229,367. Motion Jones to receive file the documents adopt Resolution 298-09 Awarding p~ improvement cont for the E.B. Lyons ture Center Expan Project. Seconded Connors. Motion ried 7.0. Iowa Jobs (I-JC Application - Lo Bee Branch Creek storation Project: Manager recommi ing approval to sul an application fo 1085 funding in amount of $7,000 for the Lower Branch Creek Rest tion Project. Motioi Connors to receive file the documents adopt Resolution 299-09 Authorizing submittal of an al cation to the Stati Iowa 1.1065 Grant gram for funding of Lower Bee Bra Creek Restoration F ect. Seconded Lynch. Motion care 7-0. 1695 Garfield Ret ing Wall Repair Pro; City Manager rec mending award of public improven contract for the Garfield Retaining ~ Repair Project to Grade Excavating the amount $48,603.49. Motion Lynch to receive file the documents adopt Resolution 300-09 Awarding p~ improvement cont for the 1695 Garl Retaining Wall Proj Seconded by Voetb Motion carried 7-0. STA i ~: OF IOWA {SS: DUBUQUE COUN t ~ 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 26, 2009, and for which the charge is $294.56. (~. Subscribed to before one, a Notary Public in and for Dubuque County, lows, thisc~_ day of , 20 09 tary Public in and for Dubuque County, Iowa. ""` o MARY K. WESTERMEYER ~' Commission Number 154885 My Comm. Exp. FEB. 1, 2011 THE CITY OF DUB0 0E ments to the County Treasurer and to pub- ceived, filed and ap- ro d Redevelopment Tax Braig. Motion carried that the University Manager recommend- 0 , IOWA CITY COUNCIL lish notice thereof was d p ve . Bee Branch Creek Re- Credit Application to the Iowa Department 7-0. 2009 Sewer Cured-in- owns the parcels and parking issues ha ing approval of an PROCEEDINGS The Dubuque City a opted. DMASWA Comprehen- storation Project: As- sistant City Attorney of Economic Develop- ment on behalf of 40 Place Pipe (CIPP) Lin- ing Project: Cit Man- ve beeh addressed with th Ci agreement with the Dubuque Community Council met in regular session at 6:30 p.m. on sive Solid Waste Man- agement Plan Update: Tim O'Brien recom• mending approval of Main, LLC. Upon mo- tion the documents y ager recommending in- itiatio f th bi e ty, which in- cludes 1,000 parking School District allowing the Dubuque Building August 17, 2009 in the ~ Historic Federal Build- City Manager recom- mending approval of the commencement of eminent domain pro- were received and filed and Resolution No 290 n o e dding process for the 2009 spaces within the cam- pus for student park- Trades On-Site Pro- gram (DBTOP) to reno- ing. the Dubuque Metropol- I a ceedings to acquire the . - 09 Approving aBrown- Sewer Cured-in-Place Pipe (CIPP) Lining Proj- i,ng. Dan McDonald of the Greater Dubuque vate the Bridge Com- plex in Ea le P i t Present: Mayor Buol, Council Members 2009 Comafte gency's A P e- property located at 1553 Maple Street as field/Grayfield Rede- velopment Tax Credit ect and further recom- mends that a ublic Development Corpora- ti 30 g o n Park. Motion by Jones Braig, Connors, Jones, Lynch Resnick Voet- hensive Solid Waste Management Plan Up- part of the Bee Branch Creek Restoration Proj- Application to the Iowa D t p hearing be set for Sep- on, 0 Main Street, spoke in favor of the to receive and file the documents and ap- , , berg, City Manager date. Upon motion the documents ect. Upon motion the epar ment of Eco- nomic Development on tember 8, 2009. Upon motion the documents proposed amendment. Planning Services Man- prove the recommen- dation Seco d d b Van Milligen, City At- torney Lindahl were re- ceived and filed and documents were re- ceived and filed and behalf of 40 Main, LLC, was adopted. were received and filed and Resolution N 294 ager Laura Carstens . n e y Connors. Motion car- Mayor Buol read the call and stated this is a Resolution No. 285-09 Adopting the Dubuque Resolution No. 288-09 Authorizing the com- Workers' Compensa- tion Settlement: City o. • 09 Preliminary appro- val of lans ifi provided a staff report. Motion by Connors for ried 7-0. E.B. Lyons Nature regular session of the -Ci Metropolitan Area Sol- id Waste A enc 's 2009 mencement of eminent d i Manager recommend- p , spec ca- tions, form of contract, final consideration and passage of Ordinance Center Expansion Proj- ect: City Mana er rec- ty Council to act upon such business g y Comprehensive Solid oma n proceedings for the acquisition of ing approval of the workers' compensation and estimated cost; setting date of ublic No. 41.09 Amending A di g ommending award of that may properly come before the City Waste Management Plan Update was certain real property owned by Milton settlement with Bret Stierman and th i p hearing on plans, spec- ppen x A (the Zoning Ordinance) of the City the public improve- ment contract for the Council. Pledge of Allegiance adopted. Civil Service Commis- Schwartz at 1553 Ma- ple Street in Dubuque au or - zation to make pay- ment to Mr Stierm ifications, form of con- tract, and estimated of Dubuque Code of Or- dinances by amending E.B. Lyons Nature Cen- ter Expansion Project Invocation was pro- Sion: Civil Service Com• i i b County, Iowa, for the . an in the amount of cost; and ordering the advertisement for bids the Institutional Dis- trict boundaries for the to Stumpf Construction in th vided by Pastor Terry Bemis of Assembly of m ss on su mitting the certified list for the po- Bee Branch Creek Re- storation Project was $35,592.60. Upon mo- tion the documents for the 2009 Sewer Cured-in-Pl Pi University of Dubuque e amount of $1,229,367. Motion by God Church. PROCLAMATIONS sitions of Police Chief and Equipment Opera- adopted. 40 Main, LLC -Con- were received, filed, and approved ace pe (CIPP) Lining Project by rezoning the subject properties from R-1 Jones to receive and file the documents and Irish Hooley Day (Au- e documents woeren Sent to Collateral As- . Amendment to Collec• was adopted setting a public hearing for a Single-Family Residen- tial District to ID Insti- adopt Resolution No. 298-09 Awardin ublic gust 29, 2009) was ac• cepted by Joe Blodgett, re ceived and filed and gnment of Develop- ment Agreement: City tive Bargaining Agree- ment: City Manager meeting to commence at 6:30 p m on Se tem- tutional District. Se- c d d b g p improvement contract 256 Nevada Street; made a Matter of Re• d Manager recommend- recommending appro- . . p ber 8, 2009 in the His- on e y Jones. Mo- tion carried 7-0 for the E.B. Lyons Na- t C t E Tour de Dubuque Day (August 29, 2009) was cor . Fire Station No. 4 Door ing approval of the Consent to the Collat- val of an amendment to the collective bar- toric Federal Building. BOARDS/COMMISSIONS . Eagle Point Water l ure en er xpansion Project. Seconded by accepted by Baird Ses- sions 2145 Garfield Replacement Project: City Manager recom- eral Development Agreement bet gaining agreement be- Applicants were invit- P ant Vacuum Filter Project: Proof of publi- Connors. Motion car- ried 7-0. , . CONSENT ITEMS mending award of the bli ween the City of Dubuque tween the City of Du- buque and the Interna- ed to address the City Council regarding their cation on notice of public hearin to con- Iowa Jobs (I-JOBS) A li Motion by Lynch to receive and file the Pu c improvement contract for the Fire and 40 Main, LLC for purposes of financing tional Union of Operat- ing Engineers to pro- desire to serve on the following Boards/C g sider approval of the l pp cation - Lower Bee Branch Creek Re- documents, adopt the resolutions and dis- Station No. 4 Door Re- Placement Project to this redevelopment project Upon motion vide for a work week that c i t f om- missions: p ans, specifications, form of contract and storation Project: City Manager recommend- , pose of as indicated. . Portzen Construction the documents were ons s s o ten hours per day and four Airport Commission: Two 4-year terms estimated cost for the Ea le P i t W ing approval to submit Seconded by Connors. Voetberg requested in the amount of $58,900. Upon motion received, filed and ap- proved. days per week for full- time Public Safet Dis- through September 14, 2013 g o n ater Plant Vacuum Filter an application for (- JOBS funding in the (#16) Automated the documents were Cell Phone Service y patchers. Upon motion (Terms of Brotherton and San- Project and City Man- amount of $7,000,000 Agenda Management Request for Proposals received and filed and Resolution No. 286-09 and Handsets - Re- quest for Proposals: the documents were received filed and a - tillo). Applicants: Doug- l B ager recommending approval. Motion by for the Lower Bee Branch Creek Restora- and (#27) Signed Con- ' tracts be held for sepa- Awarding public im• Provement contract for' City Manager recom- mending approval of , , p proved. Office of the Cit A - as rotherton, 2823 Hickory Hill Street, and Mi h Connors to receive and file the documents and tion Project. Motion by Connors to receive and rate discussion. Motion carried 7-0 the Fire Station No. 4 Door Replacement the issuance of a Re- quest for Pro osals f y s sessor: Communication f c ael Santillo, 2929 Kristen Court. Mr. adopt Resolution No. 295-09 Approval of file the documents and adopt Resolution No . Minutes and Reports Submitt d C bl Project was adopted. Iowa National Guard p or Cellular Phone Service and H d rom Richard A. Engelken, City Asses- Brotherton and Mr. Santillo spoke in sup- plans, specifications, form of contract, and . 299-09 Authorizing the submittal of an appli• e : a e TV Te I e p ro g ra m m i n g Training: City Manager an sets. Upon motion the documents sor, advising that a No- tice of Appeal and Peti- port of their appoint- ment estimated cost for the cation to the State of Commission of 5/12 and 7/7; City Council of recommending appro- val of a usage agree- were received, filed and approved. tion form has been filed with the Pro ert . Housinq Trust Fund Ad i Eagle Point Water Plant Vacuum Filter Iowa I-JOBS Grant Pro- gram for funding of the 8/3; Civil Service Com• ment with the Iowa Na- ' Automated Agenda p y Assessment Appeal v sory Committee: One 3-years term Project. Seconded by L nch Motio i d Lower Bee Branch mission of 7/10; Library Board of Trustees of tion al Guard allowiny the Guard to do train- Management -Request for Proposals: Cit Board for property lo- G t d t 3 through September 8, y . n carr e 7.0. Creek Restoration Proj- ect. Seconded by 5/28 and 6/25; Park ing at the former Roo- y Manager recommend- a e a 4 5 Kennedy Road. Upon motion the 2012 (At-Large term of Hingtgen) Applicant: Miller Road Water M i E t Lynch. Motion carried and Recreation Com- mission of 7/14; Transit sevelt Park. Upon mo- tion the documents ing approval of the is- suance of a Request for document was re- ceived and fil d . Doris Hingtgen, 309 Hill a n x ension Proj- ect: Proof of publics- 7.0. 1695 Garfield Retain• Board of Trustees of 5/14; Zoning Advisor were received, filed and approved. . Proposals for an Auto- mated Agenda Man- e . Comprehensive Recy- li Pl Street. Ms. Hingtgen spoke in support of her tion on notice of public hearing to consider ap- ing Wall Repair Project: City Manager recom- y Commission of 8/5 Proofs of publication SurlveoricPArChitectural Y - hase VI: City agement System. Mo- tion by Voetber to e- c ng anning Task Force: Communication f G appointment. Appointments to the proval of the plans, specifications, form of mending award of the public improvement of City Council Pro- Manager recommend- g r ceive and file the docu- rom overnor Chester J. Culver and Lt. Gover- following Boards/Com- mission: contract and estimated cost for the Mill R d contract for the 1695 ceedings of July 9 and ` 20, 2009 ing approval to submit a Certified Local Gov- ments and approve the recommendation. nor Patty Judge ap- pointing Paul Schultz Housing Commission: Thre 3 er oa Water Main Extension Garfield Retaining Wall Repair Project to Top Official Proceedings ernment (CLG) grant application in th Seconded by Connors. M to the Comprehensive e -year term through August 17, Project and City Man- ager recommending Grade Excavating in the amo t f of the City Council for 2008 e amount of $19,000 for otion carried 7-0. Bee Branch Floodwall Recycling Planning Task force Upon mo- 2012 (Terms of C lb rt o approval. Motion by un o $48,603.49. Motion by Upon motion the d the Phase VI Intensive Architectural/Hist i Pumping Station Auxili- . tion the document was u e s n, Holz and Kapler). Applicants: Lynch to receive and file the documents and Lynch to receive and file the document d ocuments were re- ceived and filed. or c Survey and Evaluation. art' Power Project: City Manager recommend- received and filed. University of Dubuque Dorothy Culbertson, 2095 Universit A adopt Resolution No. 2 s an adopt Resolution No. Notice of Claims/ Upon motion the docu- m t ing acceptance of the Fireworks Display: y ve- nue; Jim Holz, 2010 In- 96-09 Approval of plans specifications 300.09 Awarding public im ro t Suits: Linda Beau for vehicle damage; Pro- en s were receive, filed and approved. Bee Branch Floodwall Pumping Station Auxili- Communication from Jeffrey F Bullock P e - diana Court; and David K l , , form of contract, and p vemen contract for the 1695 Garfield gressive Northern In- Four Mounds Illustrat- art' Power Project, as . , r s ident University of ap er, 827 Patricia Ann Drive. Motion by estimated cost for the Miller Road W t Retaining Wall Project. S surance Company (rep- resenting John L Walk- ed Site Plan: City Man- completed by A&G ager recommending Electric in the final Dubuque. requesting ermis i t di Braig to appoint Doro- a er Main Extension Project. econded by Voetberg. Motion carried 7-0. . crl fn. vohirle ate... ~..,.. , p s on o splay dDDfDVaI to cnhmit a rnnrrw n4 ~..,.., ~., ..a ...,.,..__~._ __ ,-_~..._ _ thy Culbertson, Jim .. _ Seconded by Jones. Historic Shnt Tnwar STAi~: OF IOWA DUBUQUE COUNTY CER i it iCATION OF I, Suzanne Pike, a Billing Clerk for Woo corporation, publisher of the Tele~~a~,h f published in the City of Dubuque, Count certify that the attached notice was publi dates: August 26, 2009, and for which th Subscribed to before Ine, a Notary Publi< thisc~ day of ~ - tart' PU~ r"'~ ~ , :° /Uwr. THE CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 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 Pastor Terry Bemis of Assembly of God Church. PROCLAMATIONS Irish Hooley Day (Au- gust 29, 2009) was ac- cepted by Joe Blodgett, 256 Nevada Street; Tour de Dubuque Day (August 29, 2009) was accepted by Baird Ses- sions, 2145 Garfield. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Voetberg requested (#16) Automated Agenda Management Request for Proposals and (#27) Signed Con- tracts be held for sepa- rate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil Service Com- mission of 7/10; Library Board of Trustees of 5/28 and 6/25; Park and Recreation Com- ingd cost; No.41-09 Amending ommentling workers' compensation setting date of public Appendix A (the Zoning the public improve - settlement with Bret hearing on plans, spec- Ordinance) of the City ment contract for the Stierman and authori- ifications, form of con- zation to make pay- tract, and estimated ment to Mr. Stierman cost; and ordering the in the amount of advertisement for bids $35,592.60. Upon mo- for the 2009 Sewer tion the documents Cured -in -Place Pipe were received, filed, (CIPP)'Lining .Project and approved. was adopted setting a Amendment to Collec- public hearing for a tive Bargaining Agree- meeting to commence ment: City Manager at 6:30 p.m. on Septem- recommending appro- ber 8, 2009 in the His- val of an amendment toric Federal Building. to the collective bar- BOARDS/COMMISSIONS gaining agreement be- Applicants were.invit- tween the City of Du- ed to address the City buque and the Intern- Council regarding their tional Union of Operat- desire to serve on the ing Engineers to pro- following Boards/Com- vide for a work week missions: that consists of ten Airport Commission: hours per day and four Two 4-year terms days per week for full- through September 14, time Public Safety Dis- 2013 (Terms of patchers. Upon motion Brotherton and San - the documents were tillo): Applicants: Doug - received, filed, and ap-las Brotherton, 2823 proved. Hickory Hill Street, and Office of the City As- Michael Santillo, 2929 • sessor: Communication Kristen Court. Mr. from Richard A. Brotherton and Mr. Engelken, City Asses- Santillo spoke in sup- sor, advising that a No- port of their appoint- tice of Appeal and Peti- ment. tion form has been Housing Trust Fund filed with the Property Advisory Committee: Assessment Appeal One 3-years term Board for property lo- through September 8, 2012 (At -Large term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill ect: Proof of publica- mission of 7/14; Transit tion the documents suance of a Request for. ceived and filed. Street. Ms. Hingtgen tion on notice of public Board of Trustees of were received, filed Proposals for an Auto- Comprehensive Recy- spoke in support of her hearing to consider ap- 5/14; Zoning Advisory and approved. mated Agenda Man- cling Planning Task appointment. proval of the plans, Commission of 8/5 Historic/Architectural agement System. Mo- Force:, Communication Appointments to the specifications, form of Proofs of publication Survey - Phase VI: City tion by Voetberg to re- from Governor Chester following Boards/Com- contract and estimated of City Council Pro- Manager recommend- ceive and file the docu- J. Culver and Lt. Gover- mission: cost for the Miller Road ceedings of July 9 and ing approval to submit ments and approve the nor Patty Judge ap- Housing Commission: Water Main Extension 20, 2009 a Certified Local Gov- recommend at i o n . pointing Paul Schultz Three 3-year term Project and City 'Man - Official Proceedings ernment (CLG) grant Seconded by Connors. to the Comprehensive through August 17, ager recommending of the City Council for application in the Motion carried 7-0. Recycling Planning 2012 (Terms of approval. Motion by 2008 amount of $19,000 for Bee Branch Floodwall Task Force. Upon mo- Culbertson, Holz and Lynch to receive and Upon motion the the Phase VI Intensive Pumping Station Auxili- tion the document was Kapler). Applicants: file the documents and I/H' t ar Power Project: City ' received and filed. Dorothy Culbertson, adopt Resolution No. ments to the County Treasurer and to pub- lish notice thereof was adopted. DMASWA Comprehen- sive Solid Waste Man- agement Plan Update: City Manager recom- mending approval of the Dubuque Metropol- itan Area Solid Waste Agency's 2009 Compre- hensive Solid Waste Management Plan Up- date. Upon motion the documents were re- ceived and filed and Resolution No. 285-09 Adopting the Dubuque Metropolitan Area Sol- id Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update was adopted. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sitions of Police Chief and Equipment Opera- tor II. Upon motion the documents were re- ceived and filed and made a Matter of Re- cord. Fire Station No. 4 Door Replacement Project: City Manager recom- mending award of the public improvement contract for the Fire Station No. 4 Door Re- placement Project to Portzen Construction in the amount of $58,900. Upon motion the documents were received and filed and Resolution No. 286-09 Awarding public im- provement contract for the Fire Station No. 4 Door Replacement Project was adopted. Iowa National Guard Training: City Manager recommending appro- val of a usage agree- ment with the Iowa Na- tional Guard allowing Management - Request the Guard to do train- for Proposals: City cated at 435 Kennedy ing at the former Roo- Manager recommend- Road. Upon motion the sevelt Park. Upon mo- ing approval of the is- document was re- ceived, filed and ap- Redevelopment Tax Braig. Motion carried that the University Manager recommend - proved. Credit Application to 7-0. • owns the parcels and ing approval of an Bee Branch Creek Re- the Iowa Department 2009 Sewer Cured -in- parking issues have agreement with the storation Project: As- of Economic Develop- Place Pipe (CIPP) Lin- been addressed with Dubuque Community sistant City Attorney ment on behalf of 40 ing Project: City Man- the City, which in- School District allowing Tim O'Brien recom- Main, LLC. Upon mo- ager recommending in- cludes 1,000 parking the Dubuque Building mending approval of tion the documents itiation of the bidding spaces within the cam- Trades On -Site Pro - the commencement of were received and filed process for the 2009 pus for student park- gram (DBTOP) to reno- eminent domain pro- and Resolution No. 290- Sewer Cured -in -Place ing. Dan McDonald of vate the Bridge Com- ceedings to acquire the 09 Approving a Brown- Pipe (CIPP) Lining Proj- the Greater Dubuque plex in Eagle Point property located at field/Grayfield Rede- ect and further recom- Development Corpora- Park. Motion by Jones 1553 Maple Street as velopment Tax Credit mends that a public tion, 300 Main Street, to receive and file the part of the Bee Branch Application to the Iowa hearing be set for Sep- spoke in favor of the documents and ap- Creek Restoration Proj- Department of Eco- tember 8, 2009. Upon proposed amendment. prove the recommen- ect. Upon motion the nomic Development on motion the documents Planning Services Man- dation. Seconded by documents were re- behalf of 40 Main, LLC, were received and filed ager Laura Carstens Connors. Motion car- ceived and filed and was adopted. and Resolution No. 294- provided a staff report. ried 7-0. Resolution No. 288-09 Workers' Compensa- 09 Preliminary appro- Motion by Connors for E.B. Lyons Nature Authorizing the com- tion Settlement: City val of plans, specifica- final consideration and Center Expansion Proj- mencement of eminent Manager recommend- tions, form of contract, passage of Ordinance ect: City Manager rec- domain proceedings approval of the and estimate for the acquisition of certain real property owned by Milton Schwartz at 1553 Ma- ple Street in Dubuque County, Iowa, for the Bee Branch Creek Re- storation Project was adopted. 40 Main, LLC - Con- sent to Collateral As- signment of Develop- ment Agreement: City Manager. recommend- ing approval of the Consent to the Collat- eral Development Agreement between the City of Dubuque and 40 Main, LLC for purposes of financing this redevelopment project. Upon motion the documents were received, filed and ap- proved. Cell Phone Service and Handsets - Re- quest for Proposals: City Manager recom- mending approval of the issuance of 'a Re- quest fdr Proposals for Cellular Phone Service and Handsets. Upon motion the documents were received, filed and approved. Automated Agenda documents were re- Survey ectura is ion. y ceived and filed. Surveand Evaluation. Manager recommend- University of Dubuque 2095 University Ave- 296-09 Approval of Notice of Claims/ Upon motion the docu- ing acceptance of the Fireworks Display: nue; Jim Holz, 2010 In- plans, specifications, improvement contract Suits: Linda Beau for ments were receive, Bee Branch Floodwall Communication from diana Court; and David form of contract, and for the 1695 Garfield vehicle damage; Pro- filed and approved. Pumping Station Auxili- Jeffrey F. Bullock, Pres- Kapler, 827 Patricia estimated cost for the Retaining Wall Project. gressive Northern In- Four Mounds Illustrat- ary Power Project, as ident - University of Ann Drive. Motion by Miller Road Water Seconded by Voetberg. surance Company (rep- ed Site Plan: City Man- completed by A&G Dubuque, requesting Braig to appoint Doro- Main Extension Project. Motion carried 7-0. resenting John L. Walk- ager recommending Electric, in the final permission to display thy Culbertson, Jim Seconded by Jones. Historic Shot Tower er) for vehicle damage; approval to submit a contract amount of fireworks on Saturday, Holz, and David Kapler Motion carried 7-0. Rehabilitation Project: Albert A. Weiden- Certified Local Govern- $338,758. Upon motion September 12, 2009. to the Housing Com- Highway 151 / 61 City Manager recom- bacher for vehicle ment (CLG) grant ap- the documents were Upon motion the docu- mission for 3-year South Water Main Ex- mending that all the damage. Upon motion plication in the amount :received and filed and ment was received, terms through August tension Project: Proof competitive bid pro - the documents were of $9,700 for an Illus- Resolution No. 289-09 filed and approved. 17, 2012. Seconded by of publication on no- posals received for the received and filed and trated Site Plan for Accepting the Bee Signed Contracts: Connors. Motion car- tice of public hearing Historic Shot Tower referred to the City At- Four Mounds. Upon Branch Floodwall Google Products and ried 7-0. to consider approval of Rehabilitation Project torney. motion the documents Pumping Station Auxili- Services and Eco Smart PUBLIC HEARINGS the plans, specifics- be rejected. Motion by City Attorney advising were received, filed ary Power Project was Building, PC. Motion by Upon motion the rules tions, form of contract Connors receive and that the following and approved. adopted. Voetberg to receive were suspended allow- and estimated cost for file the documents and claims have been re- Community Develop- Letter of Support: City and file the documents. ing anyone present to the Highway 151 / 61 adopt Resolution No. ferred to Public Entity ment Block Grant - Re- Manager submitting a Seconded by Jones. address the City coup- South Water Main Ex- 301-09 Rejecting all Risk Services of Iowa, covery (CDBG-R): C.ity letter of support for In- Motion carried 7-0. cil. tension Project and competitive bid pro - the agent for the Iowa Manager recommend- terstate Power and Liquor License Appli- University of Dubuque City Manager recom- posals received for the Communities Assur- ing approval of a Com- Light Company's effort cations: City Manager - Amendment to ID In- mending approval. Mo- Historic Shot Tower ance Pool: Linda Beau munity Development to obtain partial fund- recommending appro- stitutional District: tion by Voetberg to re- Rehabilitation Project - for vehicle damage; Block Grant Recovery ing from the American val of annual liquor li- Proof of publication on ceive and file the docu- Phase I. Seconded by Progressive Northern grant agreement with Recovery and Reinvest- cense renewals as sub- . notice of public hear- ments and adopt Reso- Voetberg. Motion car - Insurance Company for the U.S. Department of ment Act for its Smart mitted. Upon motion ing to consider a re- lution No. 297-09 Ap- ried 7-0. vehicle damage; Jacob Housing and Urban De- Grid initiatives. Upon the documents were quest from James proval of plans, specifi- Code of Ordinances: Schmitz for vehicle velopment in the motion the document received and filed and Steiner, University of cations, form of con- City Manager recom- damage. Upon motion amount of $328,269 was received and filed. Resolution No. 291-09 Dubuque, to amend the tract, and estimated mending that the City tho rincumantc were from the federal stimu- Mediacom- Communi- Granting the issuance University of Dubuque cost for the Highway of Dubuque Code of Or - of Dubuque Code of Or- E.B. Lyons Nature Cen- dinances by amending ter Expansion Project the Institutional Dis- to Stumpf Construction trict boundaries for the in the amount of University of Dubuque $1,229,367. Motion by by rezoning the subject Jones to receive and properties from R-1 file the documents and Single -Family Residen- adopt Resolution No. tial District to ID Insti- 298-09 Awarding public tutional District. Se- improvement contract conded by Jones. Mo- for the E.B. Lyons Na- tion carried 7-0. ture Center Expansion Eagle Point Water Project. Seconded by Plant Vacuum Filter Connors. Motion car - Project: Proof of publi- ried 7-0. cation on notice of Iowa Jobs (I -JOBS) public hearing to con- Application - Lower sider approval of the Bee Branch Creek Re - plans, specifications, storation Project: City form of contract and Manager recommend - estimated cost for the ing approval to submit Eagle Point Water an application for (- Plant Vacuum Filter JOBS funding in the Project and City Man- amount of $7,000,000 ager recommending for the Lower Bee approval. Motion by Branch Creek Restora- Connors to receive and tion Project. Motion by file the documents and Connors to receive and adopt Resolution No. file the documents and 295-09 Approval of adopt Resolution No. plans, specifications, - 299-09 Authorizing the form of contract, and submittal of an appli- estimated cost for the cation to the State of Eagle Point Water Iowa I -JOBS Grant Pro - Plant Vacuum Filter gram for funding of the Project. Seconded by Lower Bee Branch Lynch. Motion carried - Creek Restoration Proj- 7-0. ect. Seconded by Miller Road Water Lynch. Motion carried Main Extension Proj- 7-0. '1695 Garfield Retain- ing Wall Repair Project: City Manager recom- mending award of the public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of $48,603.49. Motion by Lynch to receive and file the documents and adopt Resolution No. 300-09 Awarding public •,« „Q„ Door oor- in nictrict 151 / 61 South Water dinances be re - 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: August 26, 2009, and for which the charge is $294.56. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, thisc.27- day of , 20 Lary Public in and for Dubuq County, Iowa. o MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 Commission of 8/5 Proofs of publication of City Council Pro- ceedings of July 9 and 20,2009 Official Proceedings of the City Council for 2008 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Linda Beau for vehicle damage; Pro- gressive Northern In- surance Company (rep- resenting John L. Walk- er) for vehicle damage; Albert A. Weiden- bacher for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. 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: Linda Beau for vehicle damage; Progressive Northern Insurance Company for vehicle damage; Jacob Schmitz for vehicle damage. Upon motion the documents were receive and filed and concurred. First Half of 2009 Weed Assessments: City Manager recom- mending approval of the levy of special as- sessments for the first half of the 2009 Weed Enforcement Program in the total amount of $1,067.50. Upon motion the documents were received and filed and Resolution No. 284-09 Adopting the schedule of assessments for the first half of the 2009 Weed/Garbage/Junk Enforcement Program specifying the number of annual installments into which assess- ments are divided, the interest on all unpaid installments, the time when the assessments are payable and direct- ing the clerk to certify the schedule of assess - Ism nclArcn ltectural Survey - Phase VI: City Manager recommend- ing approval to submit a Certified Local Gov- ernment (CLG) grant application in the amount of $19,000 for the Phase VI Intensive Architectural/Historic Survey and Evaluation. Upon motion the docu- ments were receive, filed and approved. Four Mounds Illustrat- ed Site Plan: City Man- ager recommending approval to submit a Certified Local Govern- ment (CLG) grant ap- plication in the amount of $9,700 for an Illus- trated Site Plan for Four Mounds. Upon motion the documents were received, filed -and approved. Community Develop- ment Block Grant - Re- covery (CDBG-R): City Manager recommend- ing approval of a Com- munity Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban De- velopment in the amount of $328,269 from the federal stimu- lus package. Upon mo- tion the documents were received and filed and Resolution No. 287- 09 Authorizing execu- tion of a Community Development Block Grant - Recovery grant agreement with the U.S. Department of Housing and Urban De- velopment was adopt- ed. PEG Capital Grant Ex- penditure: City Manag- er recommending ap- proval of the Cable TV Tele-Programming Commission recom- mendations for funding from the Public, Educa- tional, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $2,500 for Wahlert High School and $41,500 for Loras Col- lege. Upon motion the documents were re- agement system. Mo- tion by Voetberg to re- ceive and file the docu- ments and approve the recommendation. Seconded by Connors. Motion carried 7-0. Bee Branch Floodwall Pumping Station Auxili- ary Power Project: City Manager recommend- ing acceptance of the Bee Branch Floodwall Pumping Station Auxili- ary Power Project, as completed by A&G Electric, in the final contract amount of $338,758. Upon motion the documents were received and filed and Resolution No. 289-09 Accepting the Bee Branch Floodwall Pumping Station Auxili- ary Power Project was adopted. Letter of Support: City Manager submitting a letter of support for In- terstate Power and Light Company's effort to obtain partial fund- ing from the American Recovery and Reinvest- ment Act for its Smart Grid initiatives. Upon motion the document was received and filed. Mediacom: Communi- cation from Mediacom advising of a rate in- crease, for Mediacom Online effective on or about September 7, 2009. Upon motion the document was re- ceived and filed. Wartburg Place - Con- ceptual Development Plan: Zoning Advisory Commission advising that the proposed changes to the adopt- ed conceptual develop- ment plan for the 300 block of Wartburg Place do not represent a significant change. Upon motion the docu- ments were received and filed. Brownfield/Grayfield Redevelopment Tax Credit Application - 40 Main, LLC: City Manag- er recommending ap- proval for the City of Dubuque to sponsor a Brownfield/Grayfield Force:. Communication from Governor Chester J. Culver and Lt. Gover- nor Patty Judge ap- pointing Paul Schultz to the Comprehensive Recycling Planning Task Force. Upon mo- tion the document was received and filed. University of Dubuque Fireworks Display: Communication from Jeffrey F. Bullock, Pres- ident - University of Dubuque, requesting permission to display fireworks on Saturday, September 12, 2009. Upon motion the docu- ment was received, filed and approved. Signed Contracts: Google Products and Services and Eco Smart Building, PC. Motion by Voetberg to receive and file the documents. Seconded by .Jones. Motion carried 7-0. 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. 291-09 Granting the issuance of a Class "B" Beer Per- mit to Riverfest Festi- val and a Class "C" Beer Permit to Dubu- que Quick Stop Mart; Resolution No. 292-09 Granting the issuance of a Class "C" Beer/Liquor License to Lucky 13 Tap, Missis- sippi River Museum and Chances R; and Resolution No. 293-09 Granting the issuance of one new license to sell cigarettes and cig- arette papers to Dubu- que Quick Stop Mart 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 law. Seconded by Appointments to the following Boards/Com- mission: Housing Commission: Three 3-year term through August 17, 2012 ,(Terms of Culbertson, Holz and Kapler). Applicants: Dorothy Culbertson, 2095 University Ave- nue; Jim Holz, 2010 In- diana Court; and David Kapler, 827 Patricia Ann Drive. Motion by Braig to appoint Doro- thy Culbertson, Jim Holz, and David Kapler to the Housing Com- mission for 3-year terms through August 17, 2012. Seconded by Connors. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. University of Dubuque - Amendment to ID In- stitutional District: Proof of publication on notice of public hear- ing to consider a re- quest from James Steiner, University of Dubuque, to amend the University of Dubuque ID Institutional District boundary by adding existing residential properties. Communication from Julie Kay Schwen- dinger, 1845. Bennett Street, regarding the proposed rezoning. 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. Se- conded by Jones. Mo- tion carried 7-0. Re- sponding to questions from the City Council, Jim Steiner of the Uni- versity of Dubuque, 2000 University Ave- nue, spoke in favor of including the 32 par- cels. Steiner stated specifications, form of contract and estimated cost for the Miller Road Water Main Extension Project and City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 296-09 Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project. Seconded by Jones. Motion carried 7-0. Highway 151 / 61 South Water Main Ex- tension Project: Proof of publication on no- tice of public hearing to consider approval of the plans, specifica. tions, form of contract and estimated cost for the Highway 151 / 61 South Water Main Ex- tension Project and City Manager recom- mending approval. Mo- tion by Voetberg to re- ceive and file the docu- ments and adopt Reso- lution No. 297-09 Ap- proval of plans, specifi- cations, form of con- tract, and estimated cost for the Highway 151 / 61 South Water Main Extension Project. Seconded by Resnick. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Request to Address the City Council by Sgt. Lee Harlow Andre re- garding the dog park. Mr. Andre, 1175 High- land Place spoke in support of keeping the Grandview Avenue Dog Park open as it re- quires a minimal oper- ation cost and is en- joyed by hundreds of people. Motion by Lynch to receive and file. Seconded by Con- nors. Motion carried 7.0. Request to Address the City Council - Wehrspann: Two re- quests of Joan Wehrspann to address the City Council re- garding various issues. This item was with- drawn from the agen- da. Ordinance No. 7-09 - Correction to Legal De- scription: City Manager recommending appro- val of a correction to the legal description in Ordinance 7-09 for property located at the northeast corner of University and Nevada (Radio Dubuque). Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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. Se- conded by Lynch. Mo- tion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 42-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Or- dinances by reclassify- ing hereinafter descri- bed property located near the northeast cor- ner of University'Ave- nue and Nevada Street from R-2 Two-family Residential District to OS Office Service Dis- trict, with conditions, and rescinding Ordi- nance No. 7-09. Seconded by Lynch. Motion carried 7-0. Usage Agreement with Stone Cliff Wine- ry: City Managerrec- ommending approval of a usage agreement for a section of the Alliant Amphitheater to have weekly outdoor movies and jam ses- sions. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Jones. Responding to questions by City Council, Leisure Serv- ices Manager Gil Spence stated that the agreement will allow Stone Cliff Winery to reserve the space un- der the City's regular 23-month reservation period with their pri- mary usage on Tues- days and Thursdays with no weekend res- ervations at this time. Motion carried 7-0. Agreement with the Dubuque Community School District: ' City public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of $48,603.49. Motion by Lynch to receive and file the documents and adopt Resolution No. 300-09 Awarding public improvement contract for the 1695 Garfield Retaining Wall Project. Seconded by Voetberg. Motion carried 7-0. Historic Shot Tower Rehabilitation Project: City Manager recom- mending that all the competitive bid pro- posals received for the Historic Shot Tower Rehabilitation Project be rejected. Motion by Connors receive and file the documents and adopt Resolution No. 301-09 Rejecting all competitive bid pro- posals received for the Historic Shot Tower Rehabilitation Project - Phase I. Seconded by Voetberg. Motion car- ried 7-0. Code of Ordinances: City Manager recom- mending that the City of Dubuque Code of Or- dinances be re- adopted in its entirety. 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. Se- conded by Jones. Mo- tion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-09 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public na- ture or imposing a fine or penalty including codes and maps adopt- ed by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pur- suant to Chapter 380 of the Iowa Code; provid- ing for the title and ci- tation of the Code; re- pealing all ordinances and parts of ordinan- ces of a general or public nature or impos- ing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recog- nized and continued in force by reference therein; providing pen- alties for the violation of the several sections thereof; and prescrib- ing the time when this ordinance shall be in full force and effect. Seconded by Lynch. Motion carried 7-0. IDED - City of Dubu- que Agreement for IBM: City Manager rec- ommending approval of an Agreement be- tween the Iowa Depart- ment of Economic De- velopment (IDED) and the City of Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 302-09 Approving an Agree- ment between the Io- wa Department of Eco- nomic Development and the City of Dubu- que. Seconded by Lynch. Motion carried 7-0 COUNCIL MEMBER REPORTS Jones reported that as a result of local media coverage, a contractor came forward to repair a collapsed private re- taining wall, which was reported on at a past City Council meeting. CLOSED SESSION Motion by Jones to go into closed session re- garding pending litiga- tion and property ac- quisition 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 open session at 7:39 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 7:40 p.m. /s/Jeanne F. Schneider, • CMC, City Clerk 1t 8/26