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Proof of Publication_City Council Proceedings Regular 9 8 09ntial corporate u- recommending appro-:! loses) of the City of t- val of a Declaration of uque, Iowa, and 's Official Intent to reim- iding for publica- ill burse from bond pro- ' of notice thereof . ..r coop=_F~~ ~.~~--~.•--n_ -. adopted setting a ing to commence at Ie"; is hearing for a 6:30 p.m. on September B_ 3~~ ting to commence 21, 2009 in the Historic ,d;.i 30 p.m. on Septem- 21, 2009 in the His- Federal Building. g General Obligation it? .-+ Federal Building. Refunding Bonds: City p inrai nnn~ari~ ir- Manaoer recommend- Harbor Company's Ad• dition; Resolution 'No. 319-09 Approving plat of Lot l0A of the west half of Block 1 in Dubu- '~ `^ que Harbor Company's Ctob~'~ ~.. ~ Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block 1 in Quad block F Dubuque Harbor com- S8> B/l~~ pang's Addition; Reso- lution No. 321-09 Ap- S 12~ colorx ` ofo the Pwest f half 17of Block 1 in Dubuque Harbor Company's Ad- dition; Resolution No. ~ 322-09 Resolution of in- _ tent to vacate Lot 1 of ^- ~+10A, Lot 1 of 12A and ~• L: ! 1 of 17A all in the st half of Block 1 aid Lot 1 of lA in the ~ it by Mail: ~"' west half of Block 10 in i •phoco entry form, .Dubuque Harbor Cbm- hoto and payment and mail u pany'S Addition in the aid City of Dubuque, Dubu- ;O Box 688 que County, Iowa; and 2004-0688 Resolution No. 323-09 2esolution of intent to at online: iispose of the City's in- Brest in Lot 1 of 10A, :-lonline.comlphotosections .ot 1 of 12A dnd Lot 1 ..... +f 17A all in the west calf of Block 1 and Lot of lA in the west half 'hone number f Block 10 in Dubuque larbor Company's Ad- ition in the City of Du- tace ZiP uque, Dubuque Coun- ' r, Iowa, were adopted atting the public hear- igs for a meeting to ~mmence at 6:30 p.m. i September 21, 2009 ^~~^~'^~"^"°-° "` the Historic Federal Nest End Commercial :bdivision: City Man- . ler recommending ~~~,.w. ^^°°~°° '°° °"'""at a public hearing ~tion is correct and release the T set for September 2009 to consider a close up is recommended. Head7~ ggfre Excdvat ng '~ size of a nickel. mpany to vacate 3/~^~ - S85 J dispose of the final t of West End Com- =olor - $125 rcial Subdivision. m motion the docu- its were received .bef Pride&Joy filed and Resolu- P.O. Box 688. No. 324-09 Resolu- -p. dare Dubuque. IA ~ of intent to vacate wW,N final plat of West Commercial Subdi- - - ~ ~ ~ ~ - ~n and disK?se of City interest in Lot A 2009 in the Historic °and Lot B in West End Federal Building. Commercial Subdivi- Fiscal Year 2010 First Sion in the City of Du- Budget Amendment: buque, Dubuque Coun- City Manager recom- ty, Iowa, was adopted mending that a public setting a public hear- hearing be set for Sep- ing fora meeting to tember 21, 2009 to con- commence at 6:30 p.m. Sider approval of the on September 21, 2009 first amendment to the in the Historic Federal Fiscal Year 2010 budg- following Boards/Com- Public Ways and Prop missions: erty, Chapter 10-1-2, Airport Commission. Sidewalk Installation Two 4-year terms and Repair, to clarify through September 14, the criteria for re- 2013 (Terms of Bro- quired sidewalk instal- ttierton and Santillo). lation. Applicants: Douglas Motion by Jones to re- Brotherton, 2823 Hick- ceive and file'the docu- ory Hill Street; and menu and that the re- Michael Santillo, 2929 quirement that apro- Kristen Court. Motion posed ordinance be by Braig to appoint considered and voted Douglas Brotherton on for passage at two and Michael Santillo to Council meetings prior the Airport Commis- to the meeting at Sion for 4-year terms which it is to be passed through September 14, be suspended. Second- 2013. Seconded by ed by Connors. Motion Connors. Motion car- carried 7-0. ried 7-0. Motion by Jones for fi- Housing Trust Fund nal consideration and Advisory Committee: passage of Ordinance One 3-year term No. 44.09 Amending Ti- through September 8, tie 10, Public Ways and 2012 (At-Large term of Property, of the City of Hingtgen). Requires Dubuque Code of Ordi- experience in real es- nances by repealing tate, banking, finance, Chapter 10-1-2, Side- accounting, fund man- walk Installation and agement or other relat- Repair, and adopting a ed areas of expertise. new Chapter 10-1-2. Applicant: Doris Hingt- Seconded by Connors. gen, 309 Hill Street. Motion carried 7-0. Motion by Lynch to ap- Smoke Detection Or- point Doris Hingtgen to dinance: City Manager the Housing Trust Fund recommending appro- Advisory Committee val of an ordinance for a 3-year term provision related to through September 8, smoke detection which 2012. Seconded by was inadvertently left Connors. Motion car- out of the most recent ried 7-0. Code of Ordinance up- PUBLIC HEARINGS date from Sterling Co- upon motion the rules differs. were suspended allow- Motion by Jones to re- ing anyone present to ceive and file the docu- address the City Coun- menu and that the re- cil. quirement that apro- Storm Water Utility posed ordinance be Revenue Capital Loan considered and voted Notes: Proof of publi- on for passage at two cation on notice of Council meetings prior public hearing to con- to the meeting at Sider the issuance of which it is to be passed not to exceed be suspended. Second- $1,000,000 Storm Water ed by Voetberg. Motion Utility Revenue Capital carried 7-0. Loan Notes and City Motion by Jones for fi- Manager recommend- nal consideration and ing approval. Motion passage of Ordinance by Jones to receive and No. 45-09 Amending file the documents and the City of Dubuque adopt Resolution No. Code of Ordinances 334-09 Instituting pro- Section 6-9-6 Smoke STA t ~: OF IOWA {SS: DUBUQUE COUNTY CER ~ ~r iCATION 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: September 16, 2009, and for which the charge is $390.29. y~~7 lN" G~'t-i^~ ~ vf"U~ J Subsc~~rib~ed to before me, a otary Public in nd for Dubuque County, Iowa, this~~~"' day o , 20 0~ Iry Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER _°'~ aP Commission Number 154865 f My Comm. ExO. FEB. 1, 2011 owe ~ IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p. m. on September 8, 2009 in the Historic 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 regular session of the City Counci! to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Pastor Rex Raines of New Life Assisted Living Week (September 13 - 19, 2009) was accepted by Sue Lemon, Sunset Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partner- ship was accepted by Planning Services Man- ager Laura Carstens; Shriners Hospitals for Children Day (Septem- ber 19, 2009) was ac- cepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commis- sion of 8/6; Housing Commission of 7/28; Housing Commission Trust Fund Committee of 5/28; Park antl Rec- reation Commission of 8/11; Zoning Board of Adjustment of 8/27 Proof of publication of City Council Proceed- ings of August 3 and 12, 2009 Upon motion the documents were re- ty damage; David Willging for vehicle damage; John Ottavi for property damage; Cynthia A. McDermott for personal injury; An- dy Rettenmeier for property damage on two occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for ve- hicle damage. Upon motion the documents 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: Andy Rettenmeier for prop- erty damage (two claims); Jacob Schmitz for vehicle damage; Al- bert Weidenbacher for vehicle damage; Cyn- thia A. McDermott for personal injury; Pame- la Schmitt for vehicle damage; David Will- ging for vehicle dam- age. City Attorney recom- mending settlement of the claim of John Ottavi for property damage. Upon motion the documents were re- ceived, filed and con- curred. Amendment to Collec- tive Bargaining Agree- ment -Teamsters Local No. 120: City Manager recommending appro- val of an amendment to the collective bar- gaining agreement with Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were received, filed, and approved. Plumbing Board: Michael Swift submit- ting his resignation from the Plumbing Board. Upon motion the document was re- ceived and filed and the resignation accept- ed. 2009 Justice Assis- tance Grant (JAG): City Manager recommend- ing approval of the ac- ceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the docu- ments were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- and filed and Resolu- tion No. 306-09 Accept- ing the St. Mary's Street Retaining Wall Reconstruction Project and authorizing pay- ment of the contract amount to the contrac- torwas adopted. Pine Knoll Subdivi- sion: City Manager rec- ommending accept- ance of the sanitary sewer and watermain improvements that the developer, Kane Devel- tion Corp., has recently completed on Lot 1-1-3 St. Mary's Place (also known as Pine Knoll Condominiums), with the condition that the City incurs no addition- al expense with regard to colored concrete. Upon motion the docu- ments were received and filed and Resolu- tion No. 307-09 Accept- ing sanitary sewer and watermain improve- ments in Lot 1-1-3 St. Mary's Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums); Resolution No. 308.09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1- 1-3 St. Mary's Place in the City of Dubuque were adopted. Dubuque Industrial Center West - North Siegert Farm: City Manager recommend- ing acceptance of the sanitary sewer and watermain easements in the Dubuque Indus- trial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the docu- ments were received and filed and Resolu- tion No. 309-09 Accept- ing agrant of an ease- ment for sanitary sew- er through, under and across a part of Lot A of Westbrook Subdivi- sion in the City of Du- buque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West 5th Addi- tion in the City of Du- buque were adopted. Town Clock Plaza Concrete Repair Proj- ect: City Manager rec- val of a Declaration Official Intent to re burse from bond p seeds for prior exp ditures made for Bee Branch Creek storation, Downto Public Parking Ra and Water Vacuum ter Building Back Power Supply cap projects. Upon mot the documents w received and filed Resolution No. 314 Declaring an official tent under Treas Regulation 1.150-2 issue debt to re burse the City for c tain original exper tures paid in conn tion with specil projects was adopte Signed Contracts: Award Inspection Engineering Servi Contract for W Third Reservoir to Engineers; B) Park Ramp Soil Agreem between W.C. SteH Construction Comp. and the City of Du que; C) Agreement Services from Durr Group for Grand Ri Center Projects; D) Control; and E) North Fork Catfish Creek Wa- ter Main Improve- ments. Upon motion the documents were received and filed. Liquor and TobaCCo License Applications: City Manager recom- mending approval of annual liquor license renewals as submitted. Upoh motion the docu- ments were received and filed and Resolu- tion No. 315-09 Grant- ing the issuance of two renewals permits to sell cigarettes and cig- arette papers to Hiba Petroleum and Wal- green Company; Reso- lution No. 316-09 Grant- ing the issuance of a Class "C" Beer Permit to Holy Ghost Church, Eagle Country Market, Sid's Beverage and and Resolution No. 3 09 Granting the is. ante of a Class ' Baer/Liquor License Carlos O'Kelly's, 5 Restaurant and UI Lounge, Los Azter Mexican Restaura Bandana's Bar•B-p z Fat Tuesday (1-C Outdoor Sales); a SI cial Class "C" (BW) L uor License to Tri-St. until adjourned at 5 p.m. 'Jeanne F. Schneider, CMC, City Clerk 9/16 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September '8, 2009 in the Historic Federal sent: Mayor Buol, cil Members Connors, Jones, i, Resnick, Voet- City Manager Milligen, City At- y Lindahl yor Buol read the nd stated this is a ar session of the Council to act such business may properly before the City :il. ge of Allegiance ocation was pro- by Pastor Rex s of New Life fisted Living Week ember 13 - 19, was accepted by Lemon, Sunset Place Retirement iunity, 3730 Sylvania Avenue; Willging for vehicle damage; John Ottavi for property damage; Cynthia A. McDermott for personal injury; An- dy Rettenmeier for property damage on two occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for ve- hicle damage. Upon motion the documents 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: Andy Rettenmeier for prop- erty damage (two claims); Jacob Schmitz for vehicle damage; Al- bert Weidenbacher for vehicle damage; Cyn- thia A. McDermott for personal injury; Pame- la Schmitt for vehicle damage; David Will- ging for vehicle dam- age. City Attorney recom- mending settlement of the claim of John Ottavi for property damage. Upon motion the documents were re- tember 21, 2009. Upon wage ua~~incau~n Nei motion the documents hour. Where there is a were received and filed range of pay within a and Resolution No. 331- wage category, the 09 Preliminary appro- vendor shall include val of plans, specifica- each wage paid, and tions, form of contract, accompanying dollar and estimated cost; amount for the benefit setting date of public package. For each hearing on plans, spec- pontract osks wpl~OJebe ifications, form of con- tract, and estimated required to submit cost; and ordering the payroll information advertisement for bids weekly for each for the Heeb Street Re- employee performing taining Wall Recon- work under the struction Project was contract. adopted setting apub- 6. Consideration will lit hearing for ameet- be given to a locally ing to commence at owned business if 6:30 p.m. on September costs and other 21, 2009 in the Historic considerations are Federal Building. relatively equal. Traffic Signal 7. BY virtue of statu- Mastarm Retrofit -tort' authority, a Central Avenue at 5th preference will be and 7th Streets Project: given to products and City Manager redom- provisions grown and mending initiation of coal produced within the bidding process for the State of Iowa, and the Traffic Signal also, a resident bidder Mastarm Retrofit -shall be allowed a Central Avenue at 5th preference as against a and 7th Streets Project nonresident bidder and further recom- from a state or foreign mends that a public country, which gives or .,,..,.;.,,, ho nor r~r can- reduires a oreference ing the St. Mary's Street Retaining Wall Reconstruction Project and authorizing pay- ment of the contract amount to the contrac- torwas adopted. Pine Knoll Subdivi- sion: City Manager rec- ommending accept- ance of the sanitary sewer and watermain improvements that the developer, Kane Devel- opment Corp., a/k/a Renaissance Construc- tion Corp., has recently completed on Lot 1-1-3 St. Mary's Place (also known as Pine Knoll Condominiums), with the condition that the City incurs no addition- al expense with regard to colored concrete. Upon motion the docu- ments were received and filed and Resolu- tion No. 307-09 Accept- ing sanitary sewer and watermain improve- ments in Lot 1-1-3 St. Mary's Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums); Resolution No. 308-09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1- 1-3 St. Mary's Place in Projects: City Manager recommending appro- val of a Declaration of Official Intent to reim- burse from bond pro- ceeds for prior expen- ditures mpde for the Bee Branch Creek Re- storation, Downtown {1.75. Public Parking Ramp and Water Vacuum Fil- r~J ter Building Back-up 1 I Power Supply capital projects. Upon motion the documents were received and filed and Resolution No. 314-09 [ON OF PUBLICATION Declaring ah official in- tent under Treasury Regulation 1.150-2 to issue debt to reim- burse the City for cer- tain original expendi- tures paid in tonnes- ;for Woodward Communi tion with speafied projects was adopted. ;leer uYh Herald,a newspal Signed Contracts: A) Award Inspection and Ue, County of Dubuque an Engineering Services contract for west Was published in said news Third Reservoir to IIW Engineers; B) Parking ~ for which the charge is $: Ramp Soil Agreement between W.C. Stewart Construction Company and the City of Dubu- que; C) Agreement for Services from Durrant group for Grand River /J Center Projects; D) Ea- ~ J~ gle Point Park Erosion L-~,,~"( / L~'F~ Control; and E) North ~ '` - Fork Catfish Creek Wa- ter Main Improve- ments. Upon motion Subscribed to before me, a otary Public in nd for Dubl this~~ day o , 20 ~-l, lotary Public in and for Di ,~ `1~ P~,A1-iY K. Y'~LJ i L,+.~^.t=Y' _ pr Commission Number 1548 ;- My Comm. Exp. FEB. 1, 2C ...-,-.......,,_ a CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS ' The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 2009 in the Historic 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 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 Rex Raines of New Life Church. PROCLAMATIONS Assisted Living Week (September 13 - 19, 2009) was accepted by Sue Lemon, Sunset Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partner- • ship was accepted by Planning Services Man- ager Laura Carstens; Shriners Hospitals for Children Day (Septem- ber 19, 2009) was ac- cepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adppt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commis- sion of 8/6; Housing Commission of 7/28; Housing Commission Trust Fund Committee of 5/28; Park and Rec- reation Commission of 8/11; Zoning Board of Adjustment of 8/27 Proof of publication of City Council Proceed- ings of August 3 and 12,2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Pamela Linn Schmitt for vehicle damage; Patricia and Lyle Gallliart for proper- ty damage; David Willging for vehicle damage; John Ottavi for property damage; Cynthia A. McDermott for personal injury; An- dy Rettenmeier for property damage on two occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for ve- hicle damage. Upon motion the documents 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: Andy Rettenmeier for prop- erty damage (two claims); Jacob Schmitz for vehicle damage; Al- bert Weidenbacher for vehicle damage; Cyn- thia A. McDermott for personal injury; Pame- la Schmitt for vehicle damage; David Will- ging for vehicle dam- age. City Attorney recom- mending settlement of the claim of John Ottavi for property damage. Upon motion the documents were re- ceived, filed and con- curred. Amendment to.Collec- tive Bargaining Agree- ment - Teamsters Local No. 120: City Manager recommending appro- val of an amendment to the collective bar- gaining agreement with Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were received, filed, and approved. Plumbing Board: Michael Swift submit- ting his resignation from the Plumbing . Board. Upon motion the document was re- ceived and filed and the resignation accept- ed. 2009 Justice Assis- tance Grant (JAG): City Manager recommend- ing approval of the ac- ceptance of the 2009 Justice, Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the docu- ments were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Accountant. Upon motion the docu- ments were received and filed and made a Matter of Record. Sign On Letter for Health Care Reform Legislation: City Man- ager recommending approval of a sign on letter to the U.S. Con- ference of Mayors call- ing on Congress to pass comprehensive health care reform leg- islation. • Upon motion the document was re- ceived, filed, and ap- proved. City of Dubuque Writ- ten Investment Policy: Communication from the Association of Pub- lic Treasurers of the Upon motion the docu- ments were received and filed and Resolu- tion No. 306-09 Accept- ing the St. Mary's Street Retaining Wall Reconstruction Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Pine Knoll Subdivi- sion: City Manager rec- ommending accept- ance of the sanitary sewer and watermain improvements that the developer, Kane Devel- opment Corp., a/k/a Renaissance Construc- tion Corp., has recently completed on Lot 1-1-3 St. Mary's Place (also known as Pine Knoll Condominiums), with the condition that the City incurs no addition- al expense with regard to colored concrete. Upon motion the docu- ments were received and filed and Resolu- tion No. 307-09 Accept- ing sanitary sewer and watermain improve- ments in Lot 1-1-3 St. Mary's Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums); Resolution No. 308-09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1- 1-3 St. Mary's Place in the City of Dubuque were adopted. Dubuque Industrial Center West - North Siegert Farm: City Manager recommend- ing acceptance of the sanitary sewer and watermain easements in the Dubuque Indus- trial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the docu- ments were received and filed and Resolu- tion No. 309-09 Accept- ing a grant of an ease- ment for sanitary sew- er through, under and across a part of Lot A of Westbrook Subdivi- sion in the City of Du- buque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West 5th Addi- tion in the City of Du- buque were adopted. Town Clock Plaza Concrete Repair Proj- ect: City Manager rec- ommending accept- ance of the Town Clock Plaza Concrete Repair Project as completed by Eastern Iowa Exca- vating in the final con- tract amount of $13,730.20. Upon mo- tion the documents werereceived: and filed and Resolution No. 311- 09 Accepting the Town Clock Plaza Concrete Repair Project and au- thorizing payment of the contract amount to the contractor was adopted. National Mississippi River Museum and Aquarium River Center, Phase I - Roof Replace- ment Project: City Manager recommend- •ing acceptance of the National Mississippi Fiscal Year 2010 Bond Projects: City Manager recommending appro- val of a Declaration of Official Intent to reim- burse from bond pro- ceeds for prior expen- ditures made for the Bee Branch Creek Re- storation, Downtown Public Parking Ramp and Water Vacuum Fil- ter Building Back-up Power Supply capital projects. Upon motion the documents were received and filed and Resolution No. 314-09 Declaring an official in- tent under Treasury Regulation 1.150-2 to issue debt to reim- burse the City for cer- tain original expendi- tures paid in connec- tion with specified projects was adopted. Signed Contracts: A) Award Inspection and. Engineering Services Contract for West Third Reservoir to IIW Engineers; B) Parking Ramp Soil Agreement between W.C. Stewart Construction Company and the City of Dubu- que; C) Agreement for Services from Durrant Group for Grand River Center Projects; D) Ea- gle Point Park Erosion Control; and E) North Fork Catfish Creek Wa- ter Main Improve- ments. Upon motion the documents were received and filed. Liquor and Tobacco License Applications: City Manager recom- mending approval of annual liquor license renewals as submitted. Upoh motion the docu- ments were received and filed and Resolu- tion No. 315-09 Grant ing the issuance of two renewals permits to sell cigarettes and cig- arette papers to Hiba Petroleum and Wal- green Company; Reso- lution No. 316-09 Grant- ing the issuance of a Class "C" Beer Permit to Holy Ghost Church, Eagle Country Market, Sid's Beverage and Wal-Mart Supercenter; and Resolution No. 317- 09 Granting the issu- ance of a Class "C" Beer/Liquor License to Carlos O'Kelly's, Star Restaurant and Ultra Lounge, Los Aztecas Mexican Restaurant, Bandana's Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Spe- cial Class "C" (BW) Liq- uor License to Tri-State Blind Society; a Class "B" Wine Permit to Ea- gle Country Market, Sid's Beverage and Wal-Mart Supercenter; a Class "B" (WBN) Na- tive Wine Permit to Mandolin Inn and Casey's General Store #2421; and a Special Class "C'. (BW) Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and Du- buque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) 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- City interest in Lot A 2009 in the Historic -and Lot B in West End Federal Building. Commercial Subdivi- Fiscal Year 2010 First sion in the City of Du- Budget Amendment: buque, Dubuque Coun- City ' Manager recom- ty, Iowa, was adopted mending that a public setting a public hear- hearing be set for Sep- ing for a meeting to tember 21, 2009 to con - commence at`6:30 p.m. sider approval of the on September 21, 2009 first amendment to the in theHistoriic_Federal Fiscal Year 2010 budg- following Boards/Com- Public Ways and Prop- missions: erty, Chapter 10-1-2, Airport Commission. Sidewalk Installation Two 4-year terms and Repair, to clarify through September 14, the criteria for re- 2013 (Terms of Bro- quired sidewalk instal- therton and Santillo). lation. Applicants: Douglas Motion by Jones to re- Brotherton, 2823 Hick- ceive and file°the docu- ory Hill Street; and ments and that the re - Michael Santillo, 2929 quirement that a pro - Kristen Court. Motion , posed ordinance be by Braig to appoint considered and voted ' Douglas Brotherton on for passage at two and Michael Santillo to Council meetings prior the Airport Commis- to the meeting at sion for 4-year terms throurgh September 14, 2013. Seconded by Connors. Motion car- ried 7-0. Housing Trust Fund Advisory Committee: One 3-year term through September 8, 2012 (At -Large term of Hingtgen). Requires experience in real es- tate, banking, finance, accounting, fund man- agement or other relat- ed areas of expertise. Applicant: Doris Hingt- i gen, 309 Hill Street. Motion by Lynch to ap- point Doris Hingtgen to the Housing Trust Fund Advisory Committee for - a 3-year term through September 8, 2012. Seconded by Connors. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended aljow- ing anyone present to address the City Coun- cil. Storm Water Utility Revenue Capital Loan Notes: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes and City. Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-09 Instituting pro- J which it is to be passed be suspended. Second- ed by Connors. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 44-09 Amending Ti- tle 10, Public Ways. and Property, of the City of Dubuque Code of Ordi- nances by repealing Chapter 10-1-2, Side- walk Installation and Repair, and adopting a new Chapter 10-1-2. Seconded by Connors. Motion carried 7-0. Smoke Detection Or- dinance: City Manager recommending appro- val of an ordinance provision related to smoke detection which was inadvertently left out of the most recent Code of Ordinance up- date from Sterling Co- difiers. Motion by Jones 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. Second- ed by Voetberg. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 45-09 Amending the City of Dubuque Code ofOrdinances Section 6-, 9-6 Smoke 1 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: September 16, 2009, and for which the charge is $390.29. Subscribed to before me, a otary Public in . d for Dubuque County, Iowa, this/Cz day o , 20 D7 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FES. 1, 2011 her 19, 2009) was ac- cepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commis- sion of 8/6; Housing Commission of 7/28; Housing Commission Trust Fund Committee of 5/28; Park and Rec- reation Commission of 8/11; Zoning Board of Adjustment of 8/27 Proof of publication of City Council Proceed- ings of August 3 and 12,2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Pamela Linn Schmitt for vehicle damage; Patricia and . ICLUGI recommending appro- val of an amendment to the collective bar- gaining agreement with Teamsters Local No. 120 regarding meal reimbursement., Upon motion the documents, were received, filed, and approved. Plumbing Board: Michael Swift submit- ting his resignation from the Plumbing . Board. Upon motion the document was re- ceived and filed and the resignation accept- ed. 2009 Justice Assis- tance Grant (JAG): City Manager recommend- ing approval of the ac- ceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the docu- ments were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Accountant. Upon motion the docu- ments were received and filed and made a Matter of Record. Sign On Letter for Health Care Reform Legislation: City. Man- ager recommending approval of a sign on letter to the U.S. Con- ference of Mayors call- ing on Congress to pass comprehensive health care reform leg- islation.' Upon motion the document was re- ceived, filed, and ap- proved. City of Dubuque Writ- ten Investment Policy: Communication from the Association of Pub- lic Treasurers of the United States and Can- ada advising that - the City's written invest- ment policy is one of 21 municipal policies to be certified by the As- sociation this year. Upon motion the docu- ment was received and filed. Iowa Great Places: Communication from Cyndi Pederson, Iowa Great Places, advising that the City's grant application for the Millworking District Streetscape Project has been approved for a total grant of $150,000. Upon motion the document was re- ceived and filed. Iowa Mississippi River Parkway Commission: John E. Goodmann, Chairman, submitting the Iowa Mississippi River, Parkway Com- mission 2008 / 2009 an- nual report. Upon mo- tion the documents were ' received and filed. Letter of Support: City Manager recommend- ing approval of a letter of support to the East Central Intergovern- mental Association. grant application to the Iowa Department of Economic Development to support Prosperity Eastern Iowa. Upon motion the documents were -received, filed, and approved. Carnegie Stout Public Library: Communica- tion from Mary Wegner, State Librari- an, advising that the Carnegie Stout Public Library has met the conditions for Library Accreditation in the State of Iowa. 2008 Drain Tile Proj- ect: City Manager rec- ommending accept- ance of the 2008 Drain Tile Project (Melrose Terrace, Mineral Street and Deborah Drive), as completed by McDermott Excavating, in the final contract amounts of $29,390.88 for Melrose Terrace, $23,746.70 for Mineral Street, and $7,277.11 for Deborah Drive. Upon motion the docu- ments were received and filed and Resolu- tion No. 303-09 Accept- ing the 2008 Drain Tile Project (Melrose Ter- race) and authorizing payment of the con- tract amount to the contractor; Resolution No. 304-09 Accepting the 2008 Drain Tile Project (Mineral Street) and authorizing payment of the con- tract amount to the contractor; and Resolu- tion No. 305-09 Accept- ing the 2008 Drain Tile Project (Deborah Drive) and authorizing payment of the con- tract amount to the contractor were adopt- ed. St. Mary's Street Re- taining Wall Recon- struction Project: City Manager recommend- ing acceptance of St. Mary's Street Retain- ing Wall Reconstruc- tion Project as com- pleted by Tschiggfrie Excavating Company in the final contract amount of $271,428.59. ,19, ing acceptance of the sanitary sewer and watermain easements in the Dubuque Indus- trial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the docu- ments were received and filed and Resolu- tion No. 309-09 Accept- ing a grant of an ease- ment for sanitary sew- er through, under and across a part of Lot A of Westbrook Subdivi- sion in the City of Du- buque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West 5th Addi- tion in the City of Du- buque were adopted. Town Clock Plaza Concrete Repair Proj- ect: City Manager rec- ommending accept- ance of the Town Clock Plaza Concrete Repair Project as completed by. Eastern Iowa Exca- vating in the final con- tract amount of $13,730.20. Upon mo- tion the documents were received and filed and Resolution No. 311- 09 Accepting the Town Clock Plaza Concrete Repair Project and au- thorizing payment of the contract amount to the contractor was adopted. National Mississippi River Museum and Aquarium River Center, Phase I - Roof Replace- ment Project: City Manager recommend- ing acceptance of the National Mississippi River Museum and Aquarium River Center, Phase I - Roof Replace- ment Project as com- pleted by Geisler Brothers Company in the final contract amount of $41,765.00. Upon motion the docu- ments were received and filed and Resolu- tion No. 312-09 Accept- ing the National Missis- sippi River Museum and Aquarium River Center, Phase I - Roof Replacement Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Historic Preservation Commission: Historic Preservation Commis- sion - recommending that the Roshek Build- ing is eligible for nomi- nation to the National Register of Historic Places. Upon motion the documents were received, filed, and concurred. 2010 Census New Construction Program: City Manager recom- mending approval of the appointment of As- sistant Planner Guy Hemenway as the liai- son for the U.S. Census Bureau's 2010 Census New. Construction Pro- gram. Upon motion the documents were re- ceived, filed, and ap- proved. Preliminary Digitized Flood Insurance Rate Map (DFIRM): City Manager recommend- ing approval of the transmittal of a letter from Mayor Buol to FEMA requesting revi- sion of proposed flood - plain boundary delin- eations or regulatory floodway boundaries in the preliminary DFIRM. Upon motionthe docu- ments were received, filed, and approved. Amendment to Devel- opment Agreement- - Hotel Julien: City Man- ager recommending approval of the First Amendment to the De- velopment Agreement for HJD Landlord, LLC and JHD Manager, LLC to support their reha- bilitation of the Hotel Julien at 200 Main Street. Upon motion the documents were received and filed and Resolution No. 313-09 Approving the First Amendment to the HJD Landlord, LLC and HJD Manager, LLC Develop- ment Agreement was adopted. Hillcrest Family Serv- ices: City Manager rec- ommending approval of a Parking License Agreement with Hill - crest Family Services, Inc. for thirty parking spaces in the Wilbright Lane parking lot in Flora Park. Upon mo- tion the documents were received, filed, and approved. Acceptance of EPA Generation Green Grant Agreement: City Manager recommend- ing acceptance of a Generation Green Grant Agreement with the U.S. Environmental Protection Agency. Upon motion the docu- ments were received, filed, and approved. annual liquor license renewals as submitted. Upoh motion the docu- ments were received and filed and Resolu- tion No. 315-09 Grant= ing the issuance of two renewals permits to sell cigarettes and cig- arette papers to Hiba Petroleum and Wal- green Company; Reso- lution No. 316-09 Grant- ing the issuance of a Class "C" Beer Permit to Holy Ghost Church, Eagle Country Market, Sid's Beverage and Wal-Mart Supercenter; and Resolution No. 317- 09 Granting the issu- ance of a Class "C" Beer/Liquor License to Carlos O'Kelly's, Star Restaurant and Ultra Lounge, Los Aztecas Mexican Restaurant, Bandana's Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Spe- cial Class "C" (BW) Liq- uor License to Tri-State Blind Society; a Class "B" Wine Permit to Ea- gle Country ` Market, Sid's Beverage and Wal-Mart Supercenter; a Class "B" (WBN) Na- tive Wine Permit to Mandolin Inn and Casey's General Store #2421; and a Special Class "C'+ (BW) Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and Du- buque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) 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 ithe City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 40 Main, LLC: City Manager recommend- ing approval of four plats in connection with the proposed va- cating and disposal of a portion of Jones Street and the adjacent alley north of Jones Street as requested by 40 Main, LLC. City Manager recom- mending that a public hearing be set for Sep- tember 21, 2009 to con- sider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street. City Manager recom- mending that a public hearing be set for Sep- tember 21, 2009 to con- sider disposition of real estate by Real Estate Contract with 40 Main, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 318-09 Approving plat of Lot 1A of the west half of Block 10 in Dubuque Harbor Company's Ad- dition; Resolution •No. 319-09 Approving plat of Lot 10A of the west half of Block 1 in Dubu- que Harbor Company's Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block 1 in Dubuque Harbor Com- pany's Addition; Reso- lution No. 321-09 Ap- proving plat of Lot 17A of the west half of Block 1 in Dubuque Harbor Company's Ad- dition; Resolution No. 322-09 Resolution of in- tent to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of lA in the west half of Block 10 in Dubuque Harbor Com- pany's Addition in the City of Dubuque, Dubu- que County, Iowa; and Resolution No. 323-09 Resolution of intent to dispose of the City's in- terest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company's Ad- dition in the City of Du- buque, Dubuque Coun- ty, Iowa, were adopted setting the public hear- ings for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. West End Commercial Subdivision: City Man- ager recommending that a public hearing be set for September 21, 2009 to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Corn- mercial Subdivision. Upon motion the docu- ments were received and filed and Resolu- tion No. 324-09 Resolu- tion of intent to vacate the final plat of West End Commercial Subdi- vision and disr--ose of mrougn septemoer e, 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. Storm Water Utility Revenue Capital Loan Notes: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-09 Instituting pro- smoKe aetectlon wmcn was inadvertently left out of the most recent Code of Ordinance up- date from Sterling Co- difiers. Motion by Jones 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. Second- ed by Voetberg. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 45-09 Amending the City of Dubuque Code of Ordinances Section 6-9-6 Smoke i iro nalronnl tarinid 2 Subscribed to before me, a»otary Publ this day o otary P City interest in Lot A 2009 in the Historic -and Lot B in West End Federal Building. Commercial Subdivi- Fiscal Year 2010 First sion in the City of Du- Budget Amendment: buque, Dubuque Coun- City • Manager recom- ty, Iowa, was adopted mending that a public setting a public hear- hearing be set for Sep- ing for a meeting to tember 21, 2009 to con - commence at'6:30 p.m. sider approval of the on September 21, 2009 first amendment to the in the Historic Federal Fiscal Year 2010 budg- I Building. et. Upon motion the < Amended and Restat- documents were re- c ed Greater Downtown ceived and filed and t Urban 'Renewal Dis- Resolution No. 326-09 E trict: City Manager rec- Setting the date for the ommending that a pub- public hearing on ( lic hearing be set for Amendment No. 1 to E October 5, 2009 to con- the Fiscal Year 2010 L sider a Resolution of budget for the City of b Necessity for the Dubuque was adopted v Amended and Restated setting a public hear- t, Greater Downtown Ur- ing for a meeting to ban Renewal District. commence at 6:30 p.m. c Upon motion the docu- on September 21, 2009 r, ments were received in the Historic Federal c and filed and Resolu- Building. u tion No. 325-09 Resolu- General Obligation t, tion of necessity find- Bonds: City Manager c ing that certain areas recommending that a c adjacent to the Greater public hearing be set Downtown Urban Re= for September 21, 2009 . newal District meet the to consider approval of v definition of a blighted the issuance of not to R area under the Urban exceed $3,000,000 Gen- C Renewal Law, and that eral Obligation Bonds development of said to be used for various areas is necessary in projects. Upon motion (c the interest of the resi- the documents were 2( dents of the City of Du- , received and filed and Si buque, Iowa, was Resolution No. 327-09 pz adopted setting a pub- Fixing date for a meet- C(lic hearing fora meet- ing on the proposition PE ing to commence at of the issuance of not 20 6:30 p.m. on October 5, to exceed $3,000,000smen Ph hearing be set for Sep- ed discussion to the agesLaServicesrtes; tember 21, 2009. Upon City Council. Sher Laura Carstens; motion the documents ACTION ITEMS Children Hospitals for C'ty M e ecom were received and filed Proudly Accessible bChildren 009 (Septem-was g and Resolution No. 331- Dubuque: Katrina Wil- cepted 2009) was ac-1 09 Preliminary appro- berding to present cer- Member Ric Council val of plans, specifica- tificates to the City for CMe ONr Jones. tions, form of contract, the designation of City MotionONSENT ITEMS and estimated cost; Hall, City Hall Annex by Lynch thee setting date of public and Historic Federal documents,r eceive and file hearing on plans, spec- Building as Proudly Ac- adopt the ifications, form of con- cessible Dubuque pose of a, and did. tract, and estimated buildings. Motion by e as indicated. cost; and ordering the Connors to receive and Secoed by Jones.- pp advertisement for bids file the documents. Motion Minutes and Reports d for the Heeb Street Re- Seconded by Voetberg. anA Rep and taining Wall Recon- Katrina Wilberding, CCubmitted: Arts and struction Project was 3715 Asbury Road, pro- ry Commission of 6/23; b adopted setting a pub- vided an overview of City Council of 8/2, lic hearing for a meet- the history and goals 8/1Counciland 8/12, ing to commence at of Proudly Accessible Civil 8/25Service 8/26;mi6:30 p.m. on September Dubuque and present- sion of 8/6 Commis- 21, 2009 in the -Historic ed certificates for City Commissionon of 7/28;ing Federal Building. Hall, City Hall Annex, cioTraffic Signal and the Historic Feder - Trust Fundg Commission ittee Mastarm Retrofit - al Building for achiev- of 5/ 8; Committee Central Avenue at 5th ing the status of a rofe tion Park and Rec- and 7th Streets Project: Proudly Accessible 8/11;/1iZoning Commission of City Manager recom- business. Motion Board of mending initiation of reed 7 0 car - Adjustment of 8/27 Proof of publication of City Council Proceed- ings of August 3 and 12, 2009 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Pamela Linn Schmitt for vehicle damage; Patricia and l.u, I eu. Amendment to- Collec- tive Bargaining Agree- ment - Teamsters Local No. 120: City Manager recommending appro- val of an amendment to the collective bar- gainingagreement with Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were received, filed, and approved. Plumbing Board: Michael Swift submit- tinghis resignation from the Plumbing Board. Upon motion the document was re- ceived and filed and the resignation accept- ed. . 2009 Justice Assis- tance Grant (JAG): City Manager recommend- ing approval of the ac- ceptance of the 2009 Justice. Assistance Grant (JAG) in the amount of $87,467.00. Upon motion the docu- ments were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Accountant. Upon motion the docu- ments were received and filed and made a Matter of Record. Sign On Letter for Health Care Reform Legislation: City Man- ager recommending approval of a sign on letter to the U.S. Con- ference of Mayors call- ing on Congress to pass comprehensive health care reform leg- islation.' Upon motion the document was re- ceived, filed, and ap- proved. City of Dubuque Writ- ten Investment Policy: Communication from the Association of Pub- lic Treasurers of the United States and Can- ada advising that the City's written invest- ment policy is one of 21 municipal policies to be certified by the As- sociation this year. Upon motion the docu- ment was received and filed. Iowa Great Places: Communication from Cyndi Pederson, Iowa Great Places, advising that the City's grant application for the Millworking District Streetscape Project has been approved for a total grant of $150,000. Upon motion the document was re- ceived and filed. Iowa Mississippi River Parkway Commission: John E. Goodmann, Chairman, submitting the Iowa Mississippi River Parkway Com- mission 2008 / 2009 an- nual report. Upon mo- tion the documents were. ` received and filed. Letter of Support: City Manager recommend- ing approval of a letter of support to the East Central Intergovern- mental Association. grant application to the Iowa Department of Economic Development to support Prosperity Eastern Iowa. Upon motion the documents were 'received, filed, and approved. Carnegie Stout Public Library: Communica- tion from Mary Wegner, State Librari- an, advising that the Carnegie Stout Public Library has met the conditions for Library Accreditation in the State of Iowa. 2008 Drain Tile Proj- ect: City Manager rec- ommending accept- anra of the 7MR flrnin General Obligation Bonds, Series 2009 (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for publica-, tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His- toric Federal Building. General Obligation Ur- ban Renewal Bonds: City Manager recom- mending that a public hearing be set for Sep- tember 21, 2009 to con- sider approval of the issuance of not to ex- ceed $13,500,000 Gen- eral Obligation Urban Renewal Bonds for costs associated with the construction of a multi -story public parking ramp located at 5th and Bluff Streets, and the con- struction of street, sewer, sidewalk, trail and other public infra- structure improve- ments within Dubuque Industrial Center West. Upon motion the docu- ments were received and filed and Resolu- tion No. 328-09 Fixing date for a meeting on the proposition of the issuance of not to ex- ceed $13,500,000 Gen- eral Obligation Urban Dubuque Industrial Center West - North Siegert Farm: City Manager recommend- ing acceptance of the sanitary sewer and . watermain easements in the Dubuque Indus- trial Center West for the extension of said utilities with regard to the development of the North Siegert Farm. Upon motion the docu- ments were received and filed and Resolu- tion No. 309-09 Accept- ing a grant of an ease- ment for sanitary sew- er through, under and across a part of Lot A of Westbrook Subdivi- sion in the City of Du- buque and Resolution No. 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West 5th Addi- tion in the City of Du- buque were adopted. Town Clock Plaza Concrete Repair Proj- ect: City Manager rec- ommending accept- ance of the Town Clock Plaza Concrete Repair Project as completed by Eastern Iowa Exca- vating in the final con- tract amount of $13,730.20. Upon mo- tion the documents were received and filed and Resolution No. 311- 09 Accepting the Town Clock Plaza Concrete Repair Project and au- thorizing payment of the contract amount to the contractor was adopted. National Mississippi River Museum and Aquarium River Center, Phase I - Roof Replace- ment Project: City Manager recommend- ing acceptance of the National Mississippi River Museum and Aquarium River Center, Phase I - Roof Replace- ment Project as com- pleted by Geisler Brothers Company in the final contract amount of $41,765.00. Upon motion the docu- ments were received and filed and Resolu- tion No. 312-09 Accept- ing the National Missis- sippi River Museum and Aquarium River Center, Phase I - Roof Replacement Project and authorizing pay- ment of the contract amount to the contrac- torwas adopted. Historic Preservation Commission: Historic Preservation Commis- sion recommending that the Roshek Build- ing is eligible for nomi- nation to the National Register of Historic Places. Upon motion the' documents were received, filed, and concurred. 2010 Census New Construction Program: City Manager recom- mending approval of the appointment of As- sistant Planner Guy Hemenway as the liai- son for the U.S. Census Bureau's 2010 Census New Construction Pro- gram. Upon motion the documents were re- ceived, filed, and ap- proved. Preliminary Digitized Flood Insurance Rate Map (DFIRM): City Manager recommend- ing approval of the transmittal of a letter from Mayor Buol to FEMA requesting revi- sion of proposed flood - plain boundary delin- eations or regulatory floodway boundaries in the preliminary DFIRM. Upon motion.the docu- mentc were received. Renewal Bonds, Series 2009 of the City of Du- buque, Iowa, and pro- viding for publication of notice thereof was adopted setting a pub- lic hearing fora meet- ing to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. General Obligation. Refunding Bonds: City Manager recommend- ing that a public hear- ing be set for Septem- ber 21, 2009 to consider approval of the issu- ance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds to pay costs of refunding and refi- nancing of certain City indebtedness. Upon motion the documents were received and filed and Resolution No. 329- 09 Fixing date for a meeting on the propo- sition of the issuance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the City of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing. for a meeting to commence 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 Port of Dubuque Parking ramp Concrete Crack Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His- toric Federal Building. Heeb Street Retaining Wall Reconstruction Project: City Manager recommending initia- tion of the bidding process for the Heeb Street Retaining Wall at 6:30 p.m. on Septem- Reconstruction Project Carrie ber 21, 2009 in the His- and further recom- t)pon motion the rules ds that a public were suspended limit- ,VCU Qllu IIICU. Liquor and Tobacco License Applications: Manager recom- mending approval of annual liquor license renewals as submitted. Upoh motion the docu- ments were received and filed and Resolu- tion No. 315-09 Grant, ing the issuance of two renewals permits to sell cigarettes and cig- arette papers to Hiba Petroleum and Wal- green Company; Reso- lution No. 316-09 Grant- ing the issuance of a Class "C" Beer Permit to HolyGhost Church, Eagle Country Market, Sid's Beverage and Wal-Mart Supercenter; and Resolution No. 317- 09 Granting the issu- ance of a Class "C" Beer/Liquor License to Carlos O'Kelly's, Star Restaurant and Ultra Lounge, Los Aztecas Mexican Restaurant, Bandana's Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Spe- cial Class "C" (BW) Liq- uor License to Tri-State Blind Society; a Class "B" Wine Permit to Ea- gle Country Market, Sid's Beverage and Wal-Mart Supercenter;. a Class `'B" (WBN) Na- tive Wine Permit to Mandolin Inn and Casey's General Store #2421; and. a Special Class "C"- (BW) Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and Du- buque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) 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 Jones. Motion carried 7-0. 40 Main, LLC: City Manager recommend- ing approval of four plats in connection with, the proposed va- cating and disposal of a portion of Jones Street and the adjacent alley north of Jones Street as requested by 40 Main, LLC. City Manager recom- mending that a public hearing be set for Sep- tember 21, 2009 to con- sider the vacating of a portion of Jones Street and the adjacent alley north of.Jones Street behind 42, 44 and 48 Main Street. City Manager recom- mending that a public hearing be set for Sep- tember 21, 2009 to con- sider disposition of real estate by Real Estate Contract with 40 Main, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 318-09 Approving plat of Lot lA of the west half of Block 10 in Dubuque Harbor Company's Ad, dition; Resolution -No. 319-09 Approving plat of Lot 10A of the west half of Block 1 in Dubu- que Harbor Company's Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block 1 in Dubuque Harbor Com- pany's Addition; Reso- lution No. 321-09 Ap- proving plat of Lot 17A of the west half of Block 1 in Dubuque Harbor Company's Ad- dition; Resolution No. 322-09 Resolution of in- tent to vacate Lot 1 of toric Federal Building. ceedings to take addi- Detection by adding a Port of Dubuque Park- tional action for the au- new provision which ing Ramp Concrete thorization of a Loan requires smoke detec- Crack Repair Project: and Disbursement tors be installed during City Manager recom- Agreement and the is- substantial reconstruc- mending initiation of suance of not to ex- tion or remodeling of a the bidding process for ceed $1,000,000 Storm building which has thParkingRamp of ub Con- Capital ue Water UtLoanRevenue Notes. residential uses. commercialand uses.. crete Crack Repair Seconded by Connors. Seconded by Voetberg. Project and further rec- Motion carried 7-0. Motion carried 7-0. ommends that a public 2009 Sewer Cured -in- Eagle Point Water hearing be set for Sep- Place Pipe (CIPP) Lin- Plant Vacuum Filter tember 21, 2009. Upon ing Project: Proof of Project: City Manager motion the documents publication on notice recommending award were received and filed of public hearing to of the public improve - and Resolution No. 330- consider the plans, ment contract for the 09 Preliminary appro- specifications, form of Eagle Point Water contract and estimated Plant Vacuum Filter cost for the 2009 Sewer Project to Morse Elec- Cured-in-Place Pipe tric, Inc., in the amount (CIPP) Lining Project of $64,410.00. Motion and City Manager rec- by Lynch to receive ommending approval. and file the documents Motion by Connors to and adopt Resolution receive and file the No. 337-09 Awarding ke a Billing Clerk for Woodward Commune, documents and adopt contract for the Eagle -� Resolution No. 335-09 Point Water Plant Vac- publisher of the Telegraph Herald,a newspape Approving plans, speci- uum Filter Project. > fications, form of con- Seconded by Jones. OF IOWA {SS: ►UE COUNTY CERTIFICATION OF PUBLICATION tract, and estimated Motion carried 7-0, he City of Dubuque, County of Dubuque and cost; setting date of Miller Road Water e attached notice was published in said newsy public hearing on Main Extension Proj- plans, specifications, ect: city Manager rec Iber 16 2009,and for which the charge is $3S form of contract, and ommending award of > estimated cost for the the public improve- 2009 Sewer" Cured -in- ment contract for the Place Pipe (CIPP) Lin- Miller Road Water ing Project. Seconded Main Extension Project by Voetberg. City Engi- to McClain Excavating neer Gus Psihoyos pro- in the amount of vided an explanation of $109,505.50. Motion by the project. Motion Lynch to receive and d 7-0. file the documents and adopt Resolution No. 338-09 Awarding con- tract for the Miller Road Water Main Ex- tension Project. Seconded by Resnick. Motion carried 7-0. Highway 151 / 61 South Water Main Ex- tension Project: City before me, a Manager recommend- ing award of the public day o improvement contract for the Highway 151 / 61 South Water Main Extension Project to McClain Excavating in the amount of $115,908.45. Motion by Connors to receive and file the documents and adopt Resolution No. 339-09 Awarding con- tract for the Highway 151 / 61 South Water Main. Extension Project. Seconded by Voetberg. Motion carried 7-0. COUNCIL MEMBER REPORTS City Council Member Connors discussed the the bidding process for Request to Address recent violence which the Traffic Signal the City Council: Re- occurred in the Wash- Mastarm Retrofit - quest of Kathy Bitter, ington Street Neigh - Central Avenue at 5th 1460 Miller Road, re- borhood and the need and 7th Streets Project questing to address to quickly address the and further recom- the City Council re- problem and seek solu- mends that a public garding three issues. tions. Consensus was hearing be set for Sep- Motion by Lynch to re- reached in directing tember 21, 2009. Upon ceive and file. Se- the City Manager and motion the documents conded by Resnick. Ms. City Staff to put to - were received and filed Bitter addressed the gether criteria for the and Resolution No. 332- City Council regarding formation of a task 09 Preliminary appro- a water connection, force similar to the val of plans, specifica- street repair, and in- "Gangs, Drugs and tions, form of contract, stallation of a guard Youth Violence" task and estimated cost; rail on Miller Road. Mo- force from several setting date of public tion carried 7-0. years ago. It was fur - hearing on plans, spec- Dubuque County His- ther directed that the ifications, form of con- torical Society / Na- task force should in - tract, and estimated tional Mississippi River clude City staff, com- i cost; and ordering the Museum and Aquari- munity leaders and advertisement for bids um: Request of Jerry neighborhood repre- for the Traffic Signal Enzler, Executive Direc- sentatives. Mastarm Retrofit - tor, requesting on be- CLOSED SESSION Central Avenue at 5th half of the Board of Di- Motion by Jones at and 7th Streets Project rectors of the Dubuque 7:37 p.m. to go into was adopted setting a County Historical Soci- closed session regard - public hearing for a ety, to lease land along ing pending Litigation meeting to commence the north shore of the and Property Acquisi- at 6:30 p.m. on Septem- Ice Harbor between the tion pursuant to Chap ber 21, 2009 in the His- existing National Mis- ter 21.5(1)(c)(j) of the toric Federal Building. sissippi River Museum Code of Iowa. Salt Dome Conveyor and Aquarium and the Seconded by Voetberg. Project: City Manager Great River Center. Motion carried 7-0. recommending initia- Motion by Jones to re- Upon motion the City tion of the bidding ceive and file and refer Council reconvened in process for the Salt to the City Manager. open session at 8:32 Dome Conveyor Project Seconded by Connors. p.m. stating that staff and further recom- Mr. Enzler,.350 E. 3rd had been given proper mends that a public Street, addressed the direction. hearing be set for Sep- City Council and ex- There. being no fur- tember 21, 2009. Upon plained the request. ther business, upon motion the documents Motion carried 7-0. motion the City Council were received and filed Census 2010 Com- adjourned at 8:33 p.m. and Resolution No. 333- plete Count Commit- /s/Jeanne F Schneider, 09 Preliminary appro- tee: City Manager rec- It 9/16 CMC, City Clerk val of plans, specifica- ommending approval tions, form of contract, of the formation of the and estimated cost; Census 2010 Complete setting date of public Count Committee, des- ignation of the Mayor or appointment of a City Council Member as the Complete Count Committee Chair, and authorize staff to sub- mit Census 2010 Part- nership Agreement forms for both the City of Dubuque and the Complete Count Com- mittee. Motion by Connors to receive and file the documents, adopt Resolution No. 336-09 Affirming the City of Dubuque's sup- port of and partnership with the 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch. Motion carried 7-0. Sidewalk Ordinance: City Manager recom- mending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Prop- erty, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for re- quired sidewalk instal- lation. Motion by Jones to re- ceive and file'the docu- ments and that the re- quirement that a pro- p posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at ,,.,hirh it is to he tossed hearing on plans, spec- ifications, form of con- tract, and estimated cost; and ordering the advertisement for bids for the Salt Dome Con- veyor Project was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on September 21, 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 Board/Com- mission: Environmental Stewardship Advisory Commission. One 3- year term through Oc- tober 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Appointments to the following Boards/Com- missions: Airport Commission. Two 4-year terms through September 14, 2013 (Terms of Bro- therton and Santillo). Applicants: Douglas Brotherton, 2823 Hick- ory Hill Street; and Michael Santillo, 2929 Kristen Court. Motion by Braig to appoint Douglas Brotherton and Michael Santillo to the Airport Commis- otary Public in . d for Dubug 2007 otary Public in and for Dul MARY K. WESTERMEYER Commission Number 154885 My Comm. Ep. FEE. ric General Obligation Bonds, Series 2009 (for rst essential corporate nt: purposes) of the City of m- Dubuque, Iowa, and lie providing for publica-, ap- tion of notice thereof m- was adopted setting a :he public hearing for a :he meeting to commence ig- at 6:30 p.m. on Septem- :he ber 21, 2009 in the His- re- toric Federal Building. ind General Obligation Ur- -09 ban Renewal Bonds: the City Manager recom- on mending that a public to hearing be set for Sep- )10 tember 21, 2009 to con - of sider approval of the ted issuance of not to ex- ceed $13,500,000 Gen - to eral Obligation Urban .m. Renewal Bonds for 009 costs associated with >ral the construction of a multi -story public :ion parking ramp located ger at 5th and Bluff t a Streets, and the con - set struction of street, 009 sewer, sidewalk, trail I of and other public infra- : to structure improve- ,en- ments within Dubuque nds Industrial Center West. ous Upon motion the docu- don ments were received Pere and filed and Resolu- and tion No. 328-09 Fixing r-09 date for a meeting on set- the proposition of the Lion issuance of not to ex - not ceed $13,500,000 Gen- ,000 eral Obligation Urban Renewal Bonds, Series 2009 of the City of Du- buque, Iowa, and pro- viding for publication of notice thereof was adoptedsetting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. General Obligation. Refunding Bonds: City Manager recommend- ing that a public hear- ing be set for Septem- ber 21, 2009 to consider approval of the issu- ance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds to pay costs of refunding and refi- nancing of certain City indebtedness. Upon motion the documents were received and filed and Resolution No. 329- 09 Fixing date for a meeting onthe propo- sition of the issuance of not to exceed $9,500,000 General Ob- ligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the City of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing . for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His - hone number 17A at in the west ialf of Block 1 and Lot of 1A in the west half f Block 10 in Dubuque 'arbor Company's Ad- ition in the City of Du- tate uque, Dubuque Coun- aE r, Iowa, were adopted =tting the public hear- t igs for a meeting to )mmence at 6:30 p.m. i September 21, 2009 the Historic Federal gilding. Nest End Commercial ,z ibdivision: City Man- ler recommending at a public hearing Ltion is correct and release the T set for September , 2009 to consider a ;i;close up is recommended. HeadlueSt from ,Za size of a nickel. :higgfrie Excavating /VV - $85 =olor - $ 125 L bey .` p. dare Zip mpany to vacate i dispose of the final t of West End Com- rcial Subdivision. In motion the docu- its were received Pride & Joy filed and Resolu- P.O. Box 688, No. 324-09 Resolu- Dubuque, IA of intent to vacate wwIA final plat of West _Commercial Subdi- and disc-ase of _ toric Federal Building. ceedings to take addi- Detection by adding a Port of Dubuque Park- tional action for the au- new provision which ing Ramp Concrete thorization of a Loan requires smoke detec- Crack Repair Project: and Disbursement tors be installed during City Manager recom- Agreement and the is- substantial reconstruc- mending initiation of suance of not to ex- tion or remodeling of a the bidding process for ceed $1,000,000 Storm building which has the Port of Dubuque Water Utility Revenue both commercial and Parking Ramp Con- . Capital Loan Notes. residential uses. crete Crack Repair Seconded by Connors. Seconded by Voetberg. Project and further rec- Motion carried 7-0. Motion carried 7-0. ommends that a public 2009 Sewer Cured -in- Eagle Point Water hearing be set for Sep- Place Pipe (CIPP) Lin- Plant Vacuum Filter tember 21, 2009. Upon ing Project: Proof of Project: City Manager motion the documents publication on notice recommending award of public hearing to of the public improve - consider the plans, ment ,contract for the specifications, form of Eagle Point Water contract and estimated Plant Vacuum Filter cost for the 2009 Sewer Project to Morse Elec- Cured-in-Place Pipe tric, Inc., in the amount (CIPP) Lining Project of $64,410.00. Motion and City Manager rec- by Lynch to receive ommending approval. and file the documents Motion by Connors to and adopt Resolution receive and file the No. 337-09 Awarding documents and adopt contract for the Eagle Resolution No. 335-09 Point Water Plant Vac - Approving plans, speci- uum Filter Project. fications, form of con- Seconded by Jones. tract, and estimated Motion carried 7-0, cost; setting date of Miller Road Water public hearing on Main Extension Proj- plans, specifications, ect: City Manager rec- form of contract, and ommending award of estimated cost for the the public improve- 2009 Sewer Cured -in- ment contract for the Place Pipe (CIPP) Lin- Miller Road Water ing Project. Seconded Main Extension Project by Voetberg. City Engi- to McClain Excavating neer Gus Psihoyos pro- in the amount of vided an explanation of $109,505.50. Motion by the project. Motion Lynch to receive and carried 7-0. file the documents and Upon motion the rules adopt Resolution No. were suspended limit- 338-09 Awarding con- ed discussion to the tract for the Miller City Council. Road Water Main Ex - ACTION ITEMS tension Project. Proudly Accessible Seconded by Resnick. Dubuque: Katrina Wil- Motion carried 7-0. berding to present cer- Highway 151 / 61 tificates to the City for South Water Main Ex - the designation of City tension Project: City Hall, City Hall Annex Manager recommend - and Historic Federal ing award of the public Building as Proudly Ac- improvement contract cessible Dubuque for the Highway 151 / buildings. Motion by 61 South Water Main Connors to receive and Extension Project to file the documents. McClain Excavating in Seconded by Voetberg. the amount of Katrina Wilberding, $115,908.45. Motion by 3715 Asbury Road, pro- Connors to receive and vided an overview of file the documents and the history and goals adopt Resolution No. of Proudly Accessible 339-09 Awarding con - Dubuque and present- tract for the Highway ed certificates for City 151 / 61 South Water Hall, City Hall Annex, Main. Extension Project. and the Historic Feder- Seconded by Voetberg. al Building for achiev- Motion carried 7-0. ing the status of a COUNCIL MEMBER Proudly Accessible REPORTS business. Motion car- City Council Member ried 7-0. Connors discussed the Request to Address recent violence which the City Council: Re- occurred in the Wash - quest of Kathy Bitter, ington Street Neigh- 1460 Miller Road, re- borhood and the need questing to address to quickly address the the City Council re- problem and seek solu- garding three issues. tions. Consensus was Motion by Lynch to re- reached in directing ceive and file. Se- the City Manager and conded by Resnick. Ms. City Staff to put to - Bitter addressed the gether criteria for the City Council regarding formation of a task a water connection, force similar to the street repair, and in- "Gangs, Drugs and stallation of a guard Youth Violence" task rail on Miller Road. Mo- force from several tion carried 7-0. years ago. It was fur - Dubuque County His- ther directed that the torical Society / Na- task force should in- tional Mississippi River crude City staff, com- Museum and Aquari- munity leaders and um: Request of Jerry neighborhood repre- Enzler, Executive Di rec- sentatives. tor, requesting on be- CLOSED SESSION half of the Board of Di- Motion by Jones at rectors of the Dubuque 7:37 •p.m. to go into County Historical Soci- closed session regard- ety, to lease land along ing pending Litigation the north shore of the and Property Acquisi- Ice Harbor between the tion pursuant to Chap - existing National Mis- ter 21.5(1)(c)(j) of the sissippi River Museum Code of Iowa. Seconded by Voetberg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:32 p.m. stating that staff had been given proper direction. There, being no fur- ther business, upon motion the City Council adjourned at 8:33 p.m. /s/Jeanne F Schneider, CMC, City Clerk 1t 9/16 were received and filed and Resolution No. 330- 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 Port of Dubuque Parking ramp Concrete Crack Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His- toric Federal Building. Heeb Street Retaining Wall Reconstruction Project: City Manager recommending initia- tion of the bidding process for the Heeb Street Retaining Wall Reconstruction Project and further recom- mends that a public hearing be set for Sep- tember 21, 2009. Upon motion the documents were received and filed and Resolution No. 331- 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 Heeb Street Re- taining Wall Recon- struction Project was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on September 21, 2009 in the.Historic Federal Building. Traffic Signal Mastarm Retrofit Central Avenue at 5th and 7th Streets Project: City Manager recom- mending initiation of the bidding process for the Traffic Signal Mastarm Retrofit Central Avenue at 5th and 7th Streets Project and further recom- mends that a public hearing be set for Sep- tember 21, 2009. Upon motion the documents were received and filed and Resolution No. 332- 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 Traffic Signal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His- toric Federal Building. Salt Dome Conveyor and Aquarium and the Project: City Manager Great River Center. recommending initia- Motion by Jonesto re- tion of the bidding ceive and file and refer process for the Salt to the City Manager. Dome ConveyorProject• Seconded by Connors. and further recom- Mr. Enzler,.350 E. 3rd mends that a public Street, addressed the hearing be setforSep- City Council and ex- tember 21, 2009. Upon plained the request. motion the documents Motion carried 7-0. were received and filed Census 2010 Com- and Resolution No. 333- plete Count Commit- 09 Preliminary appro- tee: City Manager rec- val of plans, specifics- ommending approval tions, form of contract, of the formation of the and estimated cost; Census 2010 Complete setting date of public Count Committee, des - hearing on plans, spec- ignation of the Mayor ifications, form of con- or appointment of a tract, and estimated City Council Member cost; and ordering the as the Complete Count advertisement for bids Committee Chair, and for the Salt Dome Con- authorize staff to sub- veyor Project was mit Census 2010 Part - adopted setting a pub- nership Agreement lic hearing for a meet- forms for both the City ing to commence at of Dubuque and the 6:30 p.m. on September Complete Count Com- 21, 2009 in the Historic mittee. Motion by Federal Building. Connors to receive and BOARDS/COMMISSIONS file the documents, Applicants were invit- adopt Resolution No. ed to address the City 336-09 Affirming the Council regarding their City of Dubuque's sup - desire to serve on the port of and partnership following Board/Com- mission: Environmental Stewardship Advisory Commission. One 3- year term through Oc- tober 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Appointments to the following Boards/Com- missions: Airport Commission. Two 4-year terms through September 14, 2013 (Terms of Bro- therton and Santillo). Applicants: Douglas Brotherton, 2823 Hick- ory Hill Street; and Michael Santillo, 2929 Kristen Court. Motion by Braig to appoint Douglas Brotherton and Michael Santillo to the Airport Commis- sion for 4-year terms which it is to be passed ..throuah Sentemhe• '" '--^ susnenderl. Sprnnri- with the 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch. Motion carried 7-0. Sidewalk Ordinance: City Manager recom- mending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Prop- erty, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for re- quired sidewalk instal- lation. Motion by Jones 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 OF IOWA {SS: lUE COUNTY CERTIFICATION OF PUBLICATION ke, a Billing Clerk for Woodward Communications, Inc., an Iowa )ublisher of the Telegraph Herald,a newspaper of general circulation he City of Dubuque, County of Dubuque and State of Iowa; hereby e attached notice was published in said newspaper on the following ber 16, 2009, and for which the charge is $390.29. before me, _dayo a otary Public in . d for Dubuque County, Iowa, , 20 297 otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEE. 1, 2011 motion the documents stare or foreign i were received and filed country both, on I and Resolution No. 332- projects in which there 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 Traffic Signal Mastarm Retrofit - Central Avenue at 5th and 7th Streets Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Septem- ber 21, 2009 in the His- toric Federal Building. Salt Dome Conveyor Project: City Manager recommending initia- tion of the bidding process for the Salt Dome Conveyor Project and further recom- mends that a public hearing be set. for Sep- tember 21, 2009. Upon motion the documents were received and filed and Resolution No. 333- 09 Preliminary appro- val of plans, specifica- tions, form of contract, ui uie w,mauvu v,u,c and estimated cost; Census 2010 Complete setting date of public Count Committee, des - hearing on plans, spec- ignation of the Mayor ifications, form of con- or appointment of a tract, and estimated City Council Member cost; and ordering the as the Complete Count advertisement for bids for the Salt Dome Con- veyor Project was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on September 21, 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 Board/Com- mission: Environmental Stewardship Advisory Commission. One 3- year term through Oc- tober 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. • Appointments to the following Boards/Com- missions: Airport Commission. Two 4-year terms through September 14, 2013 (Terms of Bro- therton and Santillo). Applicants: Douglas Brotherton, 2823 Hick- ory Hill Street; and Michael Santillo, 2929 Kristen Court. Motion by Braig td appoint Douglas Brotherton Committee Chair, and authorize staff to sub- mit Census 2010 Part- nership Agreement forms for both the City of Dubuque and the Complete Count Com- mittee. Motion by Connors to receive and file the documents, adopt Resolution No. 336-09 Affirming the City of Dubuque's sup- port of and partnership with the 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch. Motion carried 7-0. Sidewalk Ordinance: City Manager recom- mending approval of an amendment to the City of Dubuque Code of Ordinances, Title 10, Public Ways and Prop- erty, Chapter 10-1-2, Sidewalk Installation and Repair, to clarify the criteria for re- quired sidewalk instal- lation. Motion by Jones to re- ceive and file'the docu- ments and that the re- quirement that a pro- s posed ordinance be considered and voted on for passage at two and Michael Santillo to Council meetings prior the Airport Commis- to the meeting at sion for 4-year terms which it is to be passed through September 14, be suspended. Second- 2013. Seconded by ed by Connors. Motion Connors. Motion car- carried 7-0. ried 7-0. Motion by Jones for fi- Housing Trust Fund nal consideration and Advisory Committee: passage of Ordinance One 3-year term No. 44-09 Amending Ti- through September 8, tle 10, Public Ways. and 2012 (At -Large term of Property, of the City of Hingtgen). Requires . Dubuque Code of Ordi- experience in real es- nances by repealing tate, banking, finance, Chapter 10-1-2, Side - accounting, fund man- walk Installation and agement or other relat- Repair, and adopting a ed areas of expertise. new Chapter 10-1-2. Applicant: Doris Hingt- Seconded by Connors. gen, 309 Hill Street. Motion carried 7-0. Motion by Lynch to ap- Smoke Detection Or - point Doris Hingtgen to dinance: City Manager the Housing Trust Fund recommending appro- Advisory Committee val of an ordinance for • a 3-year term provision related to through September 8, smoke detection which 2012. Seconded by was inadvertently left Connors. Motion car- out of the most recent ried 7-0. Code of Ordinance up - PUBLIC HEARINGS date from Sterling Co - Upon motion the rules difiers. were suspended allow- Motion by Jones to re- ing anyone present to ceive and file the docu- address the City Coun- ments and that the re- cil. quirement that a pro - Storm Water Utility posed ordinance be Revenue Capital Loan considered and • voted Notes: Proof of publi- on for passage at two cation on notice of Council meetings prior public hearing to con- to the meeting at sider the issuance of which it is to be passed not to exceed be suspended. Second- $1,000,000 Storm Water ed by Voetberg. Motion Utility Revenue Capital carried 7-0. Loan Notes and City. Motion by Jones for fi- Manager recommend- nal consideration and ing approval. Motion passage of Ordinance by Jones to receive and No. 45-09 Amending file the documents and the City of Dubuque adopt Resolution No. Code of Ordinances 334-09 Instituting pro- Section 6-9-6 Smoke