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CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
November 16, 2009 in
the Historic Federal
Building.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Resnick, Voetberg, City
Manaaer_Van Milliaen.
Creek Restoration Proj-
ect. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Iowa 32 (Northwest
Arterial) Capacity Im-
provements Project -
Request for Proposals:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) to seek qualified
firms interested in pro-
viding street and utility
engineering design,
geotechnical investiga-
tion and testing for the
improvements along IA
32, from US 20 to John
F. Kennedy Road. Upon
motion the documents
were received, filed,
and approved.
Kephart Building -
Roof Replacement Proj-
ect: City Manager rec-
ommending accept-
ance of the Kephart
Building - Roof Re-
placement Project as
completed by Giese
Roofing Company in
the final contract
amount of $81,107.00.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 433-09 Accept- ings: City Manager rec-
ing Roof Replacement
the Kephart entnt ommending ' approval
of committing up to
Project and authorizing $10,000 to join a coali-
the payment of the ton of communities to
val of a letter to the fall of 2010. Upon mo-
Federal Emergency tion the document was
Management Agency received and filed.
requesting changes to Mediacom: Communi-
the Digital Flood Insur- cation from Lee Grass-
ance Rate Map ley, Mediacom, advis-
(DFIRM) and stating ing of channel changes
that the City of Dubu- which supersede the
que will not provide changes outlined in his
additional GIS data re- letter dated October
quested by FEMA for 23, 2009. Upon motion
the North End. Upon the document was re-
(eed & Seed Co Inc,
motion the document ceived and filed. 1 45; HenryCounty
was received, filed, Iowa Department of fheriff's Office, 18.50
and approved. Public Health (IDPH) 9. N
41 to ne code of Ordl- sanitary sewer Kecon- ay Lonnors re4,eIve
nances of the City of struction Project and filed the docu-
Dubuque was adopted. Phase III: City Manager ments and approve the
I -JOBS Water Quality recommending initia- recommendation.
Fund Application - tion of the bidding Seconded by Voetberg.
•
Lower Bee Branch Re- process for the North Braig read a prepared
storation Project: City Fork Catfish Creek statement in opposi-
Manager recommend- Stormwater and Sani- tion to the recommen- •
ing approval of the tary Sewer Reconstruc- dation. Resnick made
submittal of a tion Project - Phase 111 comments in opposi- i
$7,000,000 grant appli- and that a public hear- tion to the recommen-
cation to the Iowa Fi- ing be set for Decem- dation. Assistant City
nance Authority for I- ber 7, 2009. Upon mo- Engineer Bob Schiesl
JOBS Water Quality tion the documents responded to questions
Fund money for the re- were received and filed from Council regarding
storation of the Lower and Resolution No. 443- the project's feasibility
Bee Branch. Upon mo- 09 Preliminary appro- and cost. Van Milligen
tion the documents val of plans, specifica- reiterated that the con -
were received, filed, tions, form of contract, sultants identified a
and approved. and estimated cost; demand for transient
I -JOBS Water Quality setting date of public boats. Motion carried
Fund Application - Wa- hearing on plans, spec- 4-2 with Resnick and
ter Pollution Control ifications, form of con- Braig voting nay.
Plant Replacement tract, and estimated Washington Neigh -
Project: City Manager cost; and ordering the borhood Guidelines ,
recommending appro- advertisement for bids and Funding Sources:
val of the submittal of for the North Fork Cat- City Manager recom- ,
a $5,000,000 grant ap- fish Creek Stormwater mending approval of ,
plication to the Iowa Fi- and Sanitary Sewer Re- proposed revisions to 1
nance Authority for I- construction Project - the financial incentives
JOBS Water Quality Phase 111 was adopted program promoting 1
Fund money for the re- setting a public hear- Washington _ Neighbor- ,
placement of the Wa- ing for a meeting to hood homeownership. 'I
ter Pollution Control commence at 6:30 p.m. Motion by Voetberg to ,
Plant. Upon motion the on December 7, 2009 in receive and file the 1
documents were re- the Historic Federal documents and . ap- l
ceived, filed, and ap- Building. prove the recommen-
proved. BOARDS/COMMISSIONS dation. Seconded by
Coalition for Various Applicants were invit- Connors. Motion car- 1
Telecommunication Fil- ed to address the City ried 6-0.
Council regarding their Acquisition of Proper- ii
desire to serve on the ty at Corner of South r
following Boards/Com- Grandview Avenue and 1
missions: Rockdale Road: City
contract amount tot Mississippi River Part- Manager recommend -
contractor was adopt- pool resources for van- nership Council: One 3- ing acceptance of a
ous telecommunica- year term through De- donation from Mark
ed.
Mines of Spain Exhibit tions filings anticipated cember 31, 2012. Appli- Falb to acquire proper -
and Educational Pro- in the coming months. cants: Anthony Allen, ty at the corner of
gram Consultant: City Upon motion the docu- 575 Almond Street; Ed- South Grandview and
Manager recommend- ments were received, ward Cawley, 598 Rockdale Road for de-
ing approval of the se- filed, and approved. Needham Street; Ken- velopment of a passive
lection of Experience Center for Energy and neth Oglesby, 990 W. park. Motion by Jones
Design and direct City Environmental Educa- 32nd Street; Walt Web- to receive and file the
staff to negotiate a tion (CEEE): Communi- ster, 3509 Asbury Road. documents and ap-
contractcation to Kamyar Mr. Cawley, Mr. prove the recommen-
for withethe Spainim Enshayan, Director - Oglesby, and Mr. Web- dation. Seconded by
Interpretive
the ti Mines of iiCenter for Energy and ster spoke in support Voetberg. Motion car -
Interpretive Exhibit Environmental Educa- of their appointment. ried 6-0.
and Education Pro- tion, expressing the Plumbing Board: One Mailboxes in City
gram. Upon motion the City's commitment to 3-year term through Right -of -Way: City
documents were re partner with the Uni- November 2, 2012 (At- Manager recommend-
ceived, filed, and ap versity of Northern lo- large term of Harris) ing approval of actions
proved. wa's CEEE and, if possi- Applicant: Daniel Har- to be taken to address
ancDigital Flood Insur- ble, to host a 2010 ris, 998 Indian Ridge the existing unauthor-
(DFI Rate Map Green Iowa Ameri- Transit Board of ized structures in the
commmm City Manager Corps program in Du- Trustees: One 3-year City right-of-way, in-
recending appro-buque starting in the term through July 30, cluding an amendment
2178.05; Grainger Inc,
g39.92; Graybill Elec-
tronics Inc, 4,311.15;
claberkorn Auto Cen-
-er, 2,930.00; Hach
;heroical Company,
v,011.70; Hanley Auto
ilody, 960.10; Hawkeye
z rk&TrIr&Tire&Retread
10,089.72; Henderson
"ruck Equipment,
(,242.89; Hendricks
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: November 25, 2009, and for which the charge is $263.26.
43L1Le
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this ,./.Sz5 day of , 20 D9
Notary Public in and for Dubuque County, Iowa.
,•`'".eF MARY K. WESTERM.
= Commission Number 15 bbo `
hey Comm. Exp. FEB, 1, 2011
Up
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
November 16, 2009 in
the Historic Federal
Building.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Resnick, Voetberg, City
Manager Van Milligen,
City Attorney Lindahl
Absent: Council Mem-
ber Lynch
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 Associate
Pastor Diane Mitchell
of St. Luke Methodist
Church.
PRESENTATIONS
Dubuque Main Street
Executive Director Dan
LoBianco presented
the agency's Excel-
lence in Downtown De-
velopment awards to
the City for Best
Public/Private Im-
provement for the Port
of Dubuque Parking
Ramp, Best Business
Improvement Success
Story for IBM, Best
Design/Education Pres-
ervation Initiative for
the Downtown Design
Guidelines, Best
Community -Initiated
Development for the
Historic Millwork Dis-
trict, and the Best Total
Building Rehabilitation
for the Step -by -Step
Project. Planning Services ing approval of the sale buque County Board of
of a single family resi- Supervisors submitting
Manager Laura Car- dence located at 351 the Abstract of Votes
stens presented the Io-
wa East 15th Street. Upon for the General Elec
Chapter of the motion the documents tion held the 3rd day of
America Planning As- were received and filed November, 2009. Upon
sociat xcel 2009 Plan and Resolution No. 436- motion the documents
ning Excellence award 09 Approving the sale were received and
for Innovation in Best of real estate located filed.
Practices for Sustain-
abilityat 351 East 15th Street, Liquor License Appli-
Milwark District Mas- the Historic in the City of Dubuque, cations: City Manager
terPlan. Iowa, was adopted. recommending appro-
CONSENTter Utility Easement for val of annual liquor li-
ITEMS Industrial Tech Build- cense renewals as sub -
Motion by Connors to ing: City Manager rec- miffed. Upon motion
documents,eceive and file the ommending approval the documents were
adopt the of an, easement that received and filed and
resolutions, and dis would allow Alliant to Resolution No. 440-09
pose of as indicated. extend electrical lines Granting the issuance
Seconded by Voetberg. and install a transform- of a Class "B" Beer Per -
Resnick requested(#12er to provide electrical mit to Jane's Indoor
vation Historic Prener- service to the Spec Party and Play Center
FihCommission S - Building in the Dubu- and a Class "C" Beer
Parking and Rampff Street
be held que Industrial Center Permit to Plaza 20
for separate discussion. West owned by Spiegel Amoco; and Resolution
Motion carried 6-0. Family Realty. Upon No. 441-09 Granting the
Minutes and Reports motion the documents issuance of a Class "B"
Submitted: Arts and were received and filed (Hotel/Motel) Liquor
Cultural Affairs Adviso- and Resolution No. 437- License to Grand Har-
ry Commission of 9/22; 09 Disposing of an in- bor Resort/Water Park
City Council of 11/2; terest in real property and Hotel Julien Dubu-
Civil Service Commis- by easement to Inter- que; a Class "C" Beer/
sion of 10/16; City Con- state Power and Light Liquor License to Q and
ference Board of 1/28; Company was adopted. Bridge Restaurant; and
Historic Preservation Historic Preservation a Special Class "C" Liq-
Commission of 10/22; Commission - Fifth and uor License to Cookin'
Investment Oversight Bluff Street Parking Something Up were
Advisory Commission Ramp: Historic Preser- adopted.
of 10/28; Zoning Advi- vation Commission ITEMS TO BE SET FOR
sory Commission of transmitting the HPC's PUBLIC HEARING
11/4; Zoning Board of comments and recom- Motion by Jones to re -
Adjustment of 10/22 mendations on the pro- ceive and file the docu-
Investment Oversight -posed parking ramp lo- ments, adopt the reso-
Commission's 66th cated at the corner of lutions, set the public
Quarterly Report Fifth and Bluff Streets, hearings as indicated,
Proofs of publication located in the Cathe- and direct the City
of City Council Pro- dral Historic Preserva- Clerk to publish notice
ceedings of October 19, tion District. as prescribed by law.
2009 and List of Claims City Manager recom- Seconded by Voetberg.
and Summary of Reve- mending that the City Motion carried 6-0.
nues for month ended Council take no action General Obligation Ur -
September 30, 2009 at this time regarding ban Renewal Bonds:
Upon motion the the Fifth and Bluff City Manager recom-
documents were re- Street Parking Ramp as mending that a public
ceived and filed. staff continues to eval- hearing be set for De -
Notice of Claims/ uate options based on cember 7, 2009 to con -
Suits: Michael Fitzpat- available funding. Mo- sider approval of the
rick for property dam- tion by Resnick to re- issuance of not to ex -
age; Geraldine M. ceive and file the docu- ceed $6,000,000 Gener-
Goodman for personal ments. Seconded by al Obligation Urban Re -
injury; John Bechen for Jones. Motion carried newal Bonds for costs
vehicle damage; Lola 6-0• associated with the
Volkert for personal in- Floodwall Levee Slope
jury; Matthew G. Hurm Stabilization Project:
for vehicle damage. City Manager recom-
Upon motion the docu- mending acceptance of
ments were received the Floodwall Levee
and filed and referred Slope Stabilization Pro -
to the City Attorney. ject as completed by
City Attorney advising Eastern Iowa Excavat-
that the following ing and Concrete, LLC,
claims have been re- in the final contract
ferred to Public Entity amount of $224,617.91.
Risk Services of Iowa, Upon motion the docu-
the agent for the Iowa ments were received
Communities Assur- and filed and Resolu-
ance Pool: Michael tion No. 438-09 Accept -
Fitzpatrick for property ing the Floodwall Levee
damage; Geraldine M. Slope Stabilization Pro -
Goodman for personal ject and authorizing
injury. Upon motion the the payment of the
documents were re- contract amount to the
ceived and filed and contractor was adopt -
concurred. ed.
Lower Bee Branch Supplement #1 - Code
Creek Restoration Proj- of Ordinances: City
ect: City Manager rec- Manager recommend-
ommending approval ing approval of Supple -
of an Environmental In- ment #1 to the City of
formation Document as Dubuque Code _of Ordi-
a prerequisite for the nances. Upon motion
use of state revolving the documents were
loan funds (SRF) for received and filed and
the construction of the Resolution No. 439-09
Lower Bee Branch Adopting Supplement
Creek Restoration Proj- #1 to the Code of Ordi-
ect. Upon motion the nances of the City of
documents were re- Dubuque was adopted.
ceived, filed, and ap- I -JOBS Water Quality
proved. Fund Application -
Iowa 32 (Northwest Lower Bee Branch Re -
Arterial) Capacity Im- storation Project: City
provements Project - Manager recommend -
Request for Proposals: ing approval of the
City `Manager recom submittal of a
mending approval of $7,000,000 grant appli-
the issuance of a Re- cation to the Iowa Fi-
quest for Proposals nance Authority for I-
(RFP) to seek qualified JOBS Water Quality
firms interested in pro- Fund money for the re-
viding street and utility storation of the Lower
engineering design, Bee Branch. Upon mo-
geotechnical investiga-
tion and testing for the
improvements along IA
construction of a multi-
story public parking to encourage market -
ramp located at 5th rate downtown rental
and Bluff Streets, and and owner -occupied
the construction of residential units in the
street, sewer, side- Greater Downtown Ur -
walk, trail and other ban Renewal District
public infrastructure and authorizing the
improvements within City Manager to solicit
Dubuque Industrial proposals for projects
Center West. Upon mo- to create such units.
tion the documents Seconded by Connors.
were received and filed Greater Dubuque De -
and Resolution No. 442- velopment Corporation
09 Fixing date for a Executive Director Rick
meeting on the propo- Dickinson spoke in sup-
sition of the issuance port of the recommen-
of not to exceed dation. Motion carried
$6,000,000 General Ob- 6-0.
ligation Urban Renewal Port of Dubuque -
Bonds (for Urban Re- Riverfront Marina Proj-
newal purposes) of the ect: City Manager rec-
City of Dubuque, Iowa, ommending approval
and providing for publi- to locate an additional
cation of notice thereof 43 transient boat slips
was adopted setting a (25 existing + 43 addi-
public hearing for a tional for a net total of
meeting to commence 68 transient slips) with
at 6:30 p.m. on Decem- amenities as outlined
ber 7, 2009 in the His- in the City's grant pro-
toric Federal Building. posal for the Port of
North Fork Catfish Dubuque - Riverfront
Creek Stormwater and Marina Project. Motion
Sanitary Sewer Recon- by Connors to receive
struction Project and filed the docu-
Phase III: City Manager ments and approve the
recommending initia- recommendation.
tion of the bidding Seconded by Voetberg.
process for the North Braig read a prepared
Fork Catfish Creek statement in opposi-
Stormwater and Sani- tion to the recommen-
tary Sewer Reconstruc- dation. Resnick made
tion Project - Phase III comments in opposi-
and that a public hear- tion to the recommen-
ing be set for Decem- dation. Assistant City
ber 7, 2009. Upon mo- Engineer Bob Schiesl
tion the documents responded to questions
were received and filed from Council regarding
and Resolution No. 443- the project's feasibility
val of a letter to the fall of 2010. Upon mo- 2011 (Term of Curtis). to the Code of Ordinan-
Federal Emergency tion the document was Applicant: Thomas ces prohibiting any fu-
Management Agency received and filed. Croissant Jr., 444 An- ture mailbox structures
requesting changes to Mediacom: Communi- gella Street #8 or other encroach -
the Digital Flood Insur- cation from Lee Grass- PUBLIC HEARINGS ments of a non-
ance Rate Map ley, Mediacom, advis- Upon motion the rules breakaway design. Mo-
(DFIRM) and stating ing of channel changes were suspended allow- tion by Jones to receive
that the City of Dubu- which supersede the ''ing anyone present to and file the documents
que will not provide changes outlined in his address the City Coun- and that the require -
additional GIS data re- letter dated October cil. ment that a proposed
quested by FEMA for 23, 2009. Upon motion Request to Rezone - ordinance be consid-
the North End. Upon the document was re- Comerce Park: Proof ered and voted on for
motion the document ceived and filed. of pu.lication on no- passage at two Council
was received, filed, Iowa Department of tice of .ublic hearing meetings prior to the
and approved. Public Health (IDPH) to consir a request meeting at which it is
REAP Grant Agree- Childhood Lead Poison- from Joel ..Ilahan to to be passed be sus-
ment - Iowa 32 ing Prevention Pro- rezone prope y locat- pended. Seconded by
Bike/Hike Trail - Phase gram (CLPPP): City ed at Commerce Park Voetberg. Motion car-
3: City Manager recom- Manager recommend- from CS Commercial ried 6-0.
mending approval of a ing approval of a con- Service and Wholesale Motion by Jones for fi-
$200,000 Fiscal Year tract with the Dubuque District to R-4 Multi- nal consideration and
2010 REAP grant agree- County Board of Health Family Residential Dis- passage of Ordinance
ment for installation of and the Iowa Depart- trict and Zoning Advi- No. 57-09 Amending
Phase 3 of the Iowa 32 ment of Public Health sory Commission rec- City of Dubuque Code
Bike/Hike Trail. Upon (IDPH) for continued ommending denial. of Ordinances Title 10
motion the documents funding of the Child- Motion by Connors to Public Ways and Prop -
were received and filed hood Lead Poisoning receive and file the erty, Chapter 3 En -
and Resolution No. 434- Prevention Program documents and that croachments on Public
09 Authorizing REAP (CLPPP) and a re- the requirement that a Places, by adopting a
Grant Agreement with newed agreement with proposed ordinance be new Article F, Mailbox -
Iowa Department of the VNA for services considered and voted es, Establishing Stand -
Natural Resources for related to the CLPPP. on for passage at two ards for Mailboxes in
the Iowa 32 Bike/Hike Upon -motion the docu- Council meetings prior Public Rights -of -Way.
Trail - Phase 3 was ments were received, to the meeting at Seconded by Braig.
adopted. filed, and approved. which it is to be passed Motion carried 6-0.
Purchase of Property Civil Service Commis- be suspended. Second- Shot Tower Rehabili--
- 347 East 19th Street: sion: Civil Service Com- ed by Voetberg. Motion tation - Phase I: City
City Manager recom- mission submitting the carried 6-0. Manager recommend -
mending approval of Certified List for the Motion by Connors for ing rejection of all
the purchase of a sin- position of Medical Of- final consideration and competitive bid pro-
gle family home locat- ficer. Upon motion the passage of Ordinance posals for the Shot
ed at 347 East 19th documents were re- No. 56-09 Amending Tower Rehabilitation -
Street which has been ceived and filed and the Unified Develop- Phase I Project and re, -
in serious disrepair for made a Matter of Re- ment Code by reclassi- bid the project. Motion
a number of years. cord. fying hereinafter de- by Connors to receive
Upon motion the docu- Human Rights Com- scribed property locat- and file the documents
ments were received mission: Communica- ed at Commerce Park and adopt Resolution
and filed and Resolu- tion from Gretel Win- from CS Commercial No. 445-09 Rejecting all
tion No. 435-09 Approv- terwood, 1555 Mon- Service and Wholesale competitive bid pro-
ing the acquisition of trose Terrace, advising District to R-4 Multi- - posals received for the
real estate located at that she will not be re- Family Residential Dis- Historic Shot Tower
347 East 19th Street in applying for a position trict. Seconded by Rehabilitation Project -
the City of Dubuque, on the Human Rights Voetberg. Joel Calla- Phase 1 and directing
Iowa, was adopted. Commission. Upon mo- han, Callahan Con- the City Clerk to re -
Sale of Property 351 tion the document was struction, 7629 Com- advertise for bids for
East 15th Street: City received and filed. merce Park, explained the project. Seconded
Manager recommend- Abstract of Votes: Du- the project and spoke by Voetberg. Motion
in support of the re- carried 5-0. (Jones out
quest. Planning Serv- of room).
ices Manager Laura Dubuque Racing Asso-
Carstens provide a ciation: Communica-
staff report. Speaking tion from the Dubuque
on behalf of the Zoning Racing Association
Advisory Commission, Board of Directors re -
Chairperson Jeff Stiles questing appointment
stated that the plan of representatives to
Mr. Callahan presented the DRA Board of Di -
to Council is different rectors for 2009 (cur -
than the plan the Com- rently Mayor Roy D.
mission recently con- Buol, Council Members
sidered. ECIA Regional Kevin Lynch and Ric
Transit Authority Man- Jones, and City Manag-
ager Mark Munson and er Michael C. Van
Greater Dubuque De- Milligen). Motion by
velopment Corporation Connors to receive and
Executive Director Rick file the documents and
Dickinson spoke in sup- re -appoint Mayor Buol
port of the request. and Council Members
Motion carried 6-0. Lynch and Jones, and
Upon motion the rules City Manager Van
were reinstated limit- Milligen to the DRA
ing discussion to the Board of Directors.
City Council. Seconded by Braig.
ACTION ITEMS Motion carried 6-0.
Every Child / Every State of Iowa Legisla-
Promise: Chad Chand- tive Priorities - 2010
lee, Every Child / Every Session: City Manager
Promise Board Chair, recommending appro-
introduced Executive val of the State of Iowa
Director Nancy Keedy. Legislative Priorities
Motion by Jones to re- for the 2010 session.
ceive and file. Motion by Connors to
Seconded by Braig. Ms. receive and file the
Keedy gave a brief oral documents and ap-
synopsis of the future prove the recommen-
goals of Every Child / dation. Seconded by
Every Promise. Motion Resnick. Motion car -
carried 6-0. ried 6-0.
Assistance Pool to En- CLOSED SESSION
courage Residential Motion by Jones at
Housing in Downtown: 8:44 p.m. to go into
City Manager recom- closed session regard -
mending that a pool of ing pending litigation
funds in the amount of and property acquisi-
$2.5 million be created tion pursuant to Chap
to encourage new resi- ter 21.5(1)(c)(j) Code of
dential housing units in Iowa. Seconded by
downtown Dubuque Connors. Motion car -
and that a Request for ried 6-0.
Proposals be solicited Upon motion at 9:13
from developers who p.m. the City Council
are interested in reno- reconvened in regular
vating existing struc- session stating that
tures in the downtown. staff had been given
Motion by Voetberg to proper direction.
receive and file the There being no fur -
documents and adopt ther business, upon
Resolution No. 444-09 motion the City Council
Approving the creation adjourned at 9:14 p.m.
of an assistance pool /s/Jeanne F. Schneider,
CMC, City Clerk
It 11/25
09 Preliminary appro- and cost. Van Milligen
tion the documents val of plans, specifica- reiterated that the con
were received, filed, tions, form of contract, sultants identified a
and approved. and estimated cost; demand for transient
J-JOBS Water Quality setting date of public boats. Motion carried
OF IOWA {SS:
►UE COUNTY
CERTIFICATION OF PUBLICATION
ike, a Billing Clerk for Woodward Communications, Inc., an Iowa
publisher of the Telegraph Herald,a newspaper of general circulation
the City of Dubuque, County of Dubuque and State of Iowa; hereby
ie attached notice was published in said newspaper on the following
aber 25, 2009, and for which the charge is $263.26.
before me a Notary Public in and for Dubuque County, Iowa,
day of
Notary Public in and for Dubuque County, Iowa.
irP`^r so MARY K. WESTERMEYER
Commission Number 154885
ow, My Comm. Exp. FEB, 1, 2011
(#12) Historic Preser-
vation Commission -
Fifth and Bluff Street
Parking Ramp be held
for separate discussion.
Motion carried 6-0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Adviso-
ry Commission of 9/22;
City Council of 11/2;
Civil Service Commis-
sion of 10/16; City Con-
ference Board of 1/28;
Historic Preservation
Commission of 10/22;
Investment Oversight
Advisory Commission
of 10/28; Zoning Advi-
sory Commission of
11/4; Zoning Board of
Adjustment of 10/22
Investment Oversight
Commission's 66th
Quarterly Report
Proofs of publication
of City Council Pro-
ceedings of October 19,
2009 and List of Claims
and Summary of Reve-
nues for month ended
September 30, 2009
Upon motion the
documents were re-
ceived and filed.
Notice of Claims/
Suits: Michael Fitzpat-
rick for property dam-
age; Geraldine M.
Goodman for personal
injury; John Bechen for
vehicle damage; Lola
Volkert for personal in-
jury; Matthew G. Hurm
for vehicle damage.
Upon motion the docu-
ments were received
and filed and referred
to the City Attorney.
City Attorney advising
that the following
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Michael
Fitzpatrick for property
damage; Geraldine M.
Goodman for personal
injury. Upon motion the
documents were re-
ceived and filed and
concurred.
- Lower Bee Branch
Creek Restoration Proj-
ect: City Manager rec-
ommending approval
of an Environmental In-
formation Document as
a prerequisite for the
use of state revolving
loan funds (SRF) for
the construction of the
Lower Bee Branch
Creek Restoration Proj-
ect. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Iowa 32 (Northwest
Arterial) Capacity Im-
provements Project -
Request for Proposals:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) to seek qualified
firms interested in pro-
viding street and utility
engineering design,
geotechnical investiga-
tion and testing for the
improvements along IA
32, from US 20 to John
r. Kennedy Road. Upon
motion the documents
were received, filed,
and approved.
Kephart Building -
Roof Replacement Proj-
ect: City Manager rec-
ommending accept-
ance of the Kephart
Building - Roof Re-
placement Project as
completed by Giese
Roofing Company in
the final contract
amount of $81,107.00.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 433-09 Accept-
ing the Kephart Build-
ing Roof Replacement
Project and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
Mines of Spain Exhibit
and Educational Pro-
gram Consultant: City
Manager recommend-
ing approval of the se-
lection of Experience
Design and direct City
staff to negotiate a
contract with the firm
for the Mines of Spain
Interpretive Exhibit
and Education Pro-
gram. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Digital Flood Insur-
ance Rate Map
(DFIRM): City Manager
recommending appro-
er to provide electrical
service to the Spec
Building in the Dubu-
que Industrial Center
West owned by Spiegel
Family Realty. Upon
motion the documents
were received and filed
and Resolution No. 437-
09 Disposing of an in-
terest in real property
by easement to Inter-
state Power and Light
Company was adopted.
Historic Preservation
Commission - Fifth and
Bluff Street Parking
Ramp: Historic Preser-
vation Commission
transmitting the HPC's
comments and recom-
mendations on the pro-
-posed parking ramp lo-
cated at the corner of
Fifth and Bluff Streets,
located in the Cathe-
dral Historic Preserva-
tion District.
City Manager recom-
mending that the City
Council take no action
at this time regarding
the Fifth and Bluff
Street Parking Ramp as
staff continues to eval-
uate options based on
available funding. Mo-
tion by Resnick to re-
ceive and file the docu-
ments. Seconded by
Jones. Motion carried
6-0.
Floodwall Levee Slope
Stabilization Project:
City Manager recom-
mending acceptance of
the Floodwall Levee
Slope Stabilization Pro-
ject as completed by
Eastern Iowa Excavat-
ing and Concrete, LLC,
in the final contract
amount of $224,617.91.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 438-09 Accept-
ing the Floodwall Levee
Slope Stabilization Pro-
ject and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
Supplement #1 - Code
of Ordinances: City
Manager recommend-
ing approval of Supple-
ment #1 to the City of
Dubuque Code .of Ordi-
nances. Upon motion
the documents were
received and filed and
Resolution No. 439-09
Adopting Supplement
#1 to the Code of Ordi-
nances of the City of
Dubuque was adopted.
I -JOBS Water Quality
Fund Application -
Lower Bee Branch Re-
storation Project: City
Manager recommend-
ing approval of the
submittal of a
$7,000,000 grant appli-
cation to the Iowa Fi-
nance Authority for (-
JOBS Water Quality
Fund money for the re-
storation of the Lower
Bee Branch. Upon mo-
tion the documents
were received, filed,
and approved.
I -JOBS Water Quality
Fund Application - Wa-
ter Pollution Control
Plant Replacement
Project: City Manager
recommending appro-
val of the submittal of
a $5,000,000 grant ap-
plication to the Iowa Fi-
nance Authority for '-
JOBS Water Quality
Fund money for the re-
placement of the Wa-
ter Pollution Control
Plant. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Coalition for Various
Telecommunication Fil-
ings: City Manager rec-
ommending • approval
of committing up to
$10,000 to join a coali-
tion of communities to
pool resources for vari-
ous telecommunica-
tions filings anticipated
in the coming months.
Upon motion the docu-
ments were received,
filed, and approved.
Center for Energy and
Environmental Educa-
tion (CEEE): Communi-
cation to Kamyar
Enshayan, Director -
Center for Energy and
Environmental Educa-
tion, expressing the
City's commitment to
partner with the Uni-
versity of Northern Io-
wa's CEEE and, if possi-
ble, to host a 2010
Green Iowa Ameri-
Corps program in Du-
buque starting in the
mit to Jane's Indoor
Party and Play Center
and a Class "C" Beer
Permit to Plaza 20
Amoco; and Resolution
No. 441-09 Granting the
issuance of a Class "B"
(Hotel/Motel) Liquor
License to Grand Har-
bor Resort/Water Park
and Hotel Julien Dubu-
que; a Class "C" Beer/
Liquor License to Q and
Bridge Restaurant; and
a Special Class "C" Liq-
uor License to Cookin'
Something Up were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Jones to re-
ceive and file the docu-
ments, adopt the reso-
lutions, set the public
hearings as indicated,
and direct the City
Clerk to publish notice
as prescribed by law.
Seconded by Voetberg.
Motion carried 6-0.
General Obligation Ur-
ban Renewal Bonds:
City Manager recom-
mending that a public
hearing be set for De-
cember 7, 2009 to con-
sider approval of the
issuance of not to ex-
ceed $6,000,000 Gener-
al Obligation Urban Re-
newal Bonds for costs
associated with the
construction of a multi-
story public parking
ramp located at 5th
and Bluff Streets, and
the construction of
street, sewer, side-
walk, trail and other
public infrastructure
improvements within
Dubuque Industrial
Center West. Upon mo-
tion the documents
were received and filed
and Resolution No. 442-
09 Fixing date for a
meeting on the propo-
sition of the issuance
of not to exceed
$6,000,000 General Ob-
ligation Urban Renewal
Bonds (for Urban Re-
newal purposes) of the
City of Dubuque, Iowa,
and providing for publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on Decem-
ber 7, 2009 in the His-
toric Federal Building.
North Fork Catfish
Creek Stormwater and
Sanitary Sewer Recon-
struction Project -
Phase III: City Manager
recommending initia-
tion of the bidding
process for the North
Fork Catfish Creek
Stormwater and Sani-
tary Sewer Reconstruc-
tion Project - Phase III
and that a public hear-
ing be set for Decem-
ber 7, 2009. Upon mo-
tion the documents
were received and filed
and Resolution No. 443-
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 North Fork Cat-
fish Creek Stormwater
and Sanitary Sewer Re-
construction Project -
Phase III was adopted
setting a public hear-
ing for a meeting to
commence at 6:30 p.m.
on December 7, 2009 in
the Historic Federal
Building.
BOARDS/COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions:
Mississippi River Part-
nership Council: One 3-
year term through De-
cember 31, 2012. Appli-
cants: Anthony Allen,
575 Almond Street; Ed-
ward Cawley, 598
Needham Street; Ken-
neth Oglesby, 990 W.
32nd Street; Walt Web-
ster, 3509 Asbury Road.
Mr. Cawley, Mr.
Oglesby, and Mr. Web-
ster spoke in support
of their appointment.
Plumbing Board: One
3-year term through
November 2, 2012 (At -
large term of Harris)
Applicant: Daniel Har-
ris, 998 Indian Ridge
Transit Board of
Trustees: One 3-year
term through July 30,
port of the request.
Motion carried 6-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Every Child / Every
Promise: Chad Chand-
lee, Every Child / Every
Promise Board Chair,
introduced Executive
Director Nancy Keedy.
Motion by Jones to re-
ceive and file.
Seconded by Braig. Ms.
Keedy gave a brief oral
synopsis of the future
goals of Every Child /
Every Promise. Motion
carried 6-0.
Assistance Pool to En-
courage Residential
Housing in Downtown:
City Manager recom-
mending that a pool of
funds in the amount of
$2.5 million be created
to encourage new resi-
dential housing units in
downtown Dubuque
and that a Request for
Proposals be solicited
from developers who
are interested in reno-
vating existing struc-
tures in the downtown.
Motion by Voetberg to
receive and file the
documents and adopt
Resolution No. 444-09
Approving the creation
of an assistance pool
to encourage market -
rate downtown rental
and owner -occupied
residential units in the
Greater Downtown Ur-
ban Renewal District
and authorizing the
City Manager to solicit
proposals for projects
to create such units.
Seconded by Connors.
Greater Dubuque De-
velopment Corporation
Executive Director Rick
Dickinson spoke in sup-
port of the recommen-
dation. Motion carried
6-0.
Port of Dubuque-
Riverfront Marina Proj-
ect: City Manager rec-
ommending approval
to locate an additional
43 transient boat slips
(25 existing + 43 addi-
tional for a net total of
68 transient slips) with
amenities as outlined
in the City's grant pro-
posal for the Port of
Dubuque - Riverfront
Marina Project. Motion
by Connors to receive
and filed the docu-
ments and approve the
recommendation.
Seconded by Voetberg.
Braig read a prepared
statement in opposi-
tion to the recommen-
dation. Resnick made
comments in opposi-
tion to the recommen-
dation. Assistant City
Engineer Bob Schiesl
responded to questions
from Council regarding
the project's feasibility
and cost. Van Milligen
reiterated that the con-
sultants identified a
demand for transient
boats. Motion carried
4-2 with Resnick and
Braig voting nay.
Washington Neigh-
borhood . Guidelines
and Funding Sources:
City Manager recom-
mending approval of
proposed revisions to
the financial incentives
program promoting
Washington Neighbor-
hood homeownership.
Motion by Voetberg to
receive and file the
documents and . ap-
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 6-0.
Acquisition of Proper-
ty at Corner of South
Grandview Avenue and
Rockdale Road: City
Manager recommend-
ing acceptance of a
donation from Mark
Falb to acquire proper-
ty at the corner of
South Grandview and
Rockdale Road for de-
velopment of a passive
park. Motion by Jones
to receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Voetberg. Motion car-
ried 6-0.
Mailboxes in City
Right -of -Way: City
Manager recommend-
ing approval of actions
to be taken to address
the existing unauthor-
ized structures in the
City right-of-way, in-
cluding an amendment
and council Members
Lynch and Jones, and
City Manager Van
Milligen to the DRA
Board of Directors.
Seconded by Braig.
Motion carried 6-0.
State of Iowa Legisla-
tive Priorities - 2010
Session: City Manager
recommending appro-
val of the State of Iowa
Legislative Priorities
for the 2010 session.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Motion car-
ried 6-0.
CLOSED SESSION
Motion by Jones at
8:44 p.m. to go into
closed session regard-
ing pending litigation
and property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c)(j) Code of
Iowa. Seconded by
Connors. Motion car-
ried 6-0.
Upon motion at 9:13
p.m. the City Council
reconvened in regular
session stating that
staff had been given
proper direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 9:14 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
1t 11/25