Loading...
Proof of Publication_City Council Proceedings 11 16 09Project. Planning Services Manager Laura Car- stens presented the Iowa Chapter of the America Planning Association's 2009 Planning Excellence award for Innovation in Best Practices for Sustainability for the Historic Millwork District Master Plan. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Resnick requested (#12) Historic Pre- servation Commission - Fifth and Bluff Street Parking Ramp be held for separate discus- sion. Motion carried 6- o. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 9/22; City Council of 11/2; Civil Service Commission of 10/16; City Conference Board of 1/28; Historic Pre- servation Commission of 10/22; Investment Oversight Advisory Commission of 10/28; Zoning Advisory 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 Revenues for month ended September 30, 2009 Upon motion the documents were received and filed. Notice of Claims/ Suits: Michael Fitzpat- rick for property damage; Geraldine M. Goodman for personal injury; John Becher for vehicle damage; Lola Volkert for personal injury; Matthew G. Hurm for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mirha Pl Fit~natrirk fnr ceived and filed and Resolution No. 435-09 Approving the acquisi- tion of real estate located at 347 East 19th Street in the City of Dubuque, Iowa, was adopted. Sale of Property - 351 East 15th Street: City Manager recommend- ing approval of the sale of a single family residence located at 351 East 15th Street. Upon motion the documents were re- ceived and filed and Resolution No. 436-09 Approving the sale of real estate located at 351 East 15th Street, in the City of Dubuque, Iowa, was adopted. Utility Easement for Industrial Tech Build- ing: City Manager recommending ap- proval of an easement that would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel Family Realty. Upon motion the docu- ments were received and filed and Resolution No. 437-09 Disposing of an interest in real property by easement to Interstate 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 proposed parking ramp located 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 evaluate options based on available funding. Motion by Resnick to receive and file the documents. Seconded by Jones. Motion car- ried 6-0. Floodwall Levee Slope Stabilization Project: City Manager recom- mending acceptance of the Floodwall Levee Clnna Cta hili~atinn Prn- mission submitting the Certified List for the position of Medical Officer. Upon motion the documents were received and filed and made a Matter of Record. Human Rights Com- mission: Communica- tion from Gretel Winterwood, 1555 Montrose Terrace, advising that she will not be re-applying for a position on the Human Rights Commission. Upon motion the document was re- ceived and filed. Abstract of Votes: Dubuque County Board of Supervisors submit- ting the Abstract of Votes for the General Election held the 3rd day of November, 2009. Upon motion the documents were re- ceived and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No.440- 09 Granting the issu- ance of a Class "B" Beer Permit 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 Harbor Resort/Water Park and Hotel Julien Dubuque; a Class "C" Beer/Liquor License to Q and Bridge Resta- urant; and a Special Class "C" Liquor License to Cookin' Something Up were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, 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 Urban Renewal Bonds: City Manager recom- mending that a public hearing be set for December 7, 2009 to consider approval of the issuance of not to exceed $6,000,000 f:onPral nhlinatinn mispecht, der OTHERS PRESENT: Co~'aul Schultz, Bob file;amsey, Frank eanni- th~an, Warren Shuros, thirhris Lawn, Kevin orrrornwall, Wayne Klo- sidtermann, Joe Retten- folnaier, Scott Dittmer, Co'aul Schultz to The meeting was wl:alled to order by be:hairperson Resnick at cof:30 p.m. in the MConference Room at Ache City of Dubuque fi~Nlunicipal Services pNenter, 925 Kerper NCourt, Dubuque, Iowa. th Motion made by Mr. mlones, seconded by Mr. siManternach, carried dunanimously to Icapprove the minutes pfrom the September 16, rr2009 meeting. N Mr. Lawn from 4Cornerstone Environ- dmental Group, LLC Sprovided a presen- Jdation regarding the Cpotential landfill gas Cdevelopment options pat the landfill and a s-ecap of the proposed rtimeline and financing v>cenarios. Discussion Chas held regarding the s~ptions presented. ovlotion made by Mr. peones, seconded by Mr. CManternach, carried sunanimously to direct pstaff to provide a recommendation for tthe next meeting to cinclude the con- cstruction of a gas ccollection system, the ,proposed carbon credit (revenue and financing PPtions available. ~ Mr. Goddard provided (in overview regarding the Request for r~roposals for the (purchase of a new 1,500 GVW 4WD Pickup y"ruck to replace #3450. ivlotion made by Mr. cones, seconded by Mr. Approve the Request for Proposals. { Mr. Goddard pre- iented a report as (irected regarding the proposal to allow pndfill users the option to make layment via credit/ Debit cards. He odicated that a 4% ervice fee was charged by vendors nd would be passed n to the customers as , convenience fee. 9otion made by Mr. , mes, seconded by Mr. I 1anternach, carried nanimnncly fn rnn~„r STA t r: OF IOWA {SS: DUBUQUE COUN ~t~ Y CERitrtCATION OF r'ursLICATION I, Suzamle Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa .,...Y~,.ution, 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: December 9, 2009, and for which the charge is $274.05. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9f g day of . , ,,,J , 20 D 9 . ~~ Notary Public in and for Dubuque County, Iowa. 'a~~, o Mq"7~~~ WESTERMEYER Commission Number 154885 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 4bsent: Council Member 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 PRESENTATIONS Dubuque Main Street Executive Director Dan LoBianco presented the agency's Excell- ence in Downtown Development awards to the City for Best Public/Private Improve- ment for the Port of Dubuque Parking Ramp, Best Business Improvement Success Story for IBM, Best Design/Education Preservation 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 providing street and utility engineering design, geotechnical investigation 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 Project: City Manager recommending accept- ance of the Kephart Building - Roof Replacement Project as completed by Giese Roofing Company in the final contract amount of $81,107.00. Upon motion the documents were received and filed and Resolution No. 433-09 Accepting the Kephart Building Roof Replace- ment Project and authorizing the pay- ment of the contract amount to the contractor was adopted. Mines of Spain Exhibit and Educational Pro- gram Consultant: City Manager recommend- ing approval of the selection 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 received, filed, and approved. Digital Flood Insur- ance Rate Map (DFIRM): City Manager recommending appro- val of a letter to the Federal Emergency Management Agency requesting changes to the Digital Flood Insurance Rate Map (DFIRM) and stating that the City of Dubuque will not provide additional GIS data requested by FEMA for the North End. Upon motion the document was re- ceived, filed, and approved. REAP Grant Agree- ment -Iowa 32 Bike/ Hike Trail - Phase 3: City Manager recom- mending approval of a $200,000 Fiscal Year 2010 REAP grant agreement for instal- lation of Phase 3 of the Iowa 32 Bike/Hike Trail. Upon motion the documents were re- ceived and filed and Resolution No. 434-09 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for the Iowa 32 Bike/Hike Trail - Phase 3 was adopted. Purchase of Property - 347 East 19th Street: City Manager recom- mending approval of the purchase of a single family home located at 347 East 19th Street which has been in serious dis- repair for a number of years. Upon motion the documents were re- Lower Bee Branch Restoration Project: City Manager recom- mending approval of the submittal of a $7,000,000 grant appli- cation to the Iowa Finance Authority for 1- 1065 Water Quality Fund money for the restoration of the Lower Bee Branch. Upon motion the documents were received, filed, and approved. I-JOBS Water Quality Fund Application - Water Pollution Control Plant Replacement Project: City Manager recommending appro- val of the submittal of a $5,000,000 grant application to the Iowa Finance Authority for 1- 1065 Water quality Fund money for the replacement of the Water Pollution Control Plant. Upon motion the documents were re- ceived, filed, and approved. Coalition for Various Telecommunication Filings: City Manager recommending approval of committing up to $10,000 to join a coalition of communi- ties to pool resources for various telecom- munications filings anticipated in the coming months. Upon motion the documents 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 University of Northern Iowa's CEEE and, if possible, to host a 2010 Green Iowa Ameri- Corps program in Dubuque starting in the fall of 2010. Upon motion the document was received and filed. Mediacom: Communi- cation from Lee Grass- ley, Mediacom, advis- ing of channel changes which supersede the changes outlined in his letter dated October 23, 2009. Upon motion the document was received and filed. Iowa Department of Public Health (IDPH) Childhood Lead Poi- soning Prevention Pro- gram (CLPPP); City Manager recommend- ing approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP. Upon motion the documents were received, filed, and approved. Civil Service Commis- sion: Civil Service Com- setting a public 'commendation of hearing for a meeting ulscher Fencing, Inc., to commence at 6:30 slow bid. p.m. on December 7, Mr. Vogt provided an 2009 in the Historic date on the Agency's Federal Building. irticipation the Chap- North Fork Catfish r 113 petition for Creek Stormwater and idicial Review. He Sanitary Sewer Recon- dicated that with the struction Project - gency receiving the Phase III: City Manager post important con- recommending initia- 'ssion, the Iowa tion of the bidding nvironmental Protec- process for the North on Commission's Fork Catfish Creek pproval of the IDNR- Stormwater and Sani- 'commended Chapter tary Sewer Recon- 13 amendment delet- struction Project - ig the requirement to Phase III and that a 'trofit already-con- public hearing be set tructed cells with for December 7, 2009. hutment liners or Upon motion the lose the by 2011 and documents were re- tat it would be in the ceived and filed and 9ency's best interest Resolution No. 443-09 ~ withdraw from the Preliminary approval of ~9a1 action. Motion plans, specifications, lade by Mr. Jones, form of contract, and econded by Mr. estimated cost; setting fanternach, carried date of public hearing nanimously to concur on plans, specifi- 'ith the staff cations, form of 'commendation to contract, and esti- Withdraw from the mated cost; and order- gal action. ing the advertisement Mr. Goddard reported for bids for the North n the status of the Fork Catfish Creek ,gency's Compost Stormwater and Sani- askforce, which was tart' Sewer Recon- stablished at an struction Project - artier meeting. He Phase III was adopted rovided an overview setting a public f the task force hearing for a meeting Manager recommend to commence at 6:30 ing approval o p.m. on December 7, proposed revisions t~ 2009 in the Historic the financial incentive federal Building. program promoting BOARDS/COMMISSIONS Washington Neighbor Applicants were hood homeownershiF invited to address the Motion by Voetberg t~ City Council regarding receive and file the their desire to serve on the following Boards/ Commissions: Mississippi River Partnership Council: One 3-year term through December 31, 2012. Applicants: An- thony Allen, 575 Al- mond Street; Edward Cawley, 598 Needham Street; Kenneth Ogles- by, 990 W. 32nd Street; Walt Webster, 3509 Asbury Road. Mr. Cawley, Mr. Oglesby, and Mr. Webster 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, 2011 (Term of Curtis). Applicarrt: Thomas Croissant Jr., 444 Angella Street #8 PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Request to Rezone - Commerce Park: Proof of publication on notice of public hearing to consider a request from Joel Callahan to rezone property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District and Zoning Advisory Com- C E c rdinances of the City Dubuque was iopted. I -JOBS Water Quality pind Application - )wer Bee Branch Mstoration Project s;ty Manager recom- llending approval of se submittal of a /7,000,000 grant appli- ration to the Iowa anance Authority for 1- E)BS Water Quality and money for the j:storation of the pwer Bee Branch. pon motion the acuments were rceived, filed, and ()proved. II -JOBS Water Quality /and Application - later Pollution Control lant Replacement foject: City Manager commending appro- al of the submittal of p$5,000,000 grant plication to the Iowa .nance Authority for 1- )BS Water Quality Jnd money for the placement of the later Pollution Control lant. Upon motion the ocuments were re- aived, filed, and pproved. Coalition for Various elecommunication flings: City Manager ecommending pproval of committing p to $10,000 to join a oalition of communi- es to pool resources )r various telecom- wnications filings nticipated in the jming months. Upon -Wd413 !a2yo!W :s;ins j/swim ;o aolloN ^pa!!; pup pan!aow aJ0M s;uawnoop ay; uopow uodn 600Z 'OE Jagwaldas papua y;uow Jo} sanuanaa AJ2wwn$ pup swim }0 3Srj pus 600Z '6T Jagoloo }o s6u!paao 0Jd l!ounoo RT!o }o uopso!lgnd Jo s}ooJd I.+odaa J1pe Jenp y;99 s,uo!ss!wwoo 1.1.161SJOAU ;uaWTsanul ZZ/0T }o TuawSsnfpv }o pJ2og 6u1uoz uolss!wwoO JGJos!npV 6U!uoZ :8Z/0I ;o uo!ssiwwo0 Jcaos!npV Ty6!saano ;uaw;sanui :ZZ/0I bo uo!ss!wwoo uo!12nJas Dad o!Jols!H :8Z/T ;o pang aouaae}uoo Jc;!O •9I/0T }o yo!ss!wwoo ao!MaS l!n!O :Z/Ti !!ouno3 R;!O :ZZ/6 uo!ss!wwoo i Jos!n -Pt/ SJ!2}}V !EJf1!fO pus s .iv :pall!wgns siodaa pus sa;nu!W ) n a D A 1 1 3 3 a s d J! a V a IJ J! •0 -o no! mfl unnn,n, •nn,c F cation to Kamyar t Enshayan, Director - I Center for Energy and Environmental Educa- tion, expressing the City's commitment to partner with the University of Northern Iowa's CEEE and, if possible, to host a 2010 Green Iowa Ameri- Corps program in CI Dubuque starting in S the fall of 2010. Upon s motion the document P was received and filed. r Mediacom: Communi- t cation from Lee. Grass- y ley, Mediacom, advis- F ing of channel changes S which supersede the t changes outlined in his s letter dated October P 23, 2009. Upon motion p the document was fl received and filed. L Iowa Department of d Public Health (IDPH) c Childhood Lead Poi- F soning Prevention Pro- P gram (CLPPP): City p Manager recommend- f ing approval of a e contract with the d Dubuque County Board O of Health and the Iowa c Department of Public c Health (IDPH) for Request to Rezone - ✓ continued funding of Commerce Park: Proof ii the Childhood Lead of publication on f' Poisoning Prevention notice of public F Program (CLPPP) and a hearing to consider a S renewed agreement request from Joel t with the VNA for Callahan to rezone s services related to the property located at P CLPPP. Upon motion Commerce Park from s the documents were CS Commercial Service h received, filed, and and Wholesale District ti approved. to R-4 Multi -Family p Civil Service Commis- Residential District and 2 sion: Civil Service Com- Zoning Advisory Com- the following Boards/ Commissions: Mississippi River Partnership • Council: One 3-year term through December 31, 2012. Applicants: An- thony Allen, 575 Al- mond Street; Edward Cawley, 598 Needham Street; Kenneth Ogles- by, 990 W. 32nd Street; Walt Webster, 3509 Asbury Road. Mr. Cawley, Mr. Oglesby, and Mr. Webster 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, 2011 (Term of Curtis). Applicant: Thomas Croissant Jr., 444 Angella Street #8 PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. •(snow!ueun) •w2Eo:0T ;2 6upaaw pauJnof -p2 uopow uodn •(snow -lusun) `(d11) w2J6oJd ;uewanoJdwl uo!323Jod -sus-11 8 Vd8 ETOZ -0T0Z !2u!3 ayT of sluaw -puaw2 ay; panoJd -de uopow uodn •(snow!ueun) '6upaaw pJ2og Ao!lod, VdU 600Z '8Z Jagwa;das `J(2psJnyl ay; woj} sapnulw ay; panoad -de uopow uodn •(snowlu2un) '6upaaw 60-£-ZT ay; Jo} 2pua6e ay; panoJd -de uopow uodn ')pJ2J -uo) 'ua6;1!yl'„Jaw2JN y;oa 'wo!p2!n! 'sooty '113!wS-J4113 :4uasaJd vivo' `anbngn0 `sa04}0 V103 w2 OE:6 60-E0-ZT :6upaayy win6a8 SON10330O21d 011VO8 AOIIOd (Vd i) NOI1VI71ddV ONINNY1d 1VNOIO311. NOIIVIOOSSV 1V P )} O N N O JI IS JJ 1) u If 14 S n •w'd OE:9 4 6upaaw ay; UJnofp2 0l panow 'TTOZ '0E aunr 6wpu3 J29A !POSH Jo; la6png pup 6u!3aeol 6u!uu2id o!6e;24S ay3 Jo; pupal aJeM sluawwo3 uaz!;!o (snowlu2un) •6U!3aaw 3S2! ay; w0J} Sa;nu -!w ay; }0 6ulpea. ay; yl!M puadsns panoad -d2 uopow uodn •a!pu!N pup'azico `panpaN saagwaw!!o -unoo :3uasaid "swept/ JolfelN )Cq •w•d OE:9 I2 ;apao 03 pall2o SEM !!ounoo /Clio Aingsv ay; }0 6u!J2ay a!!gnd ayl s6ulp0a3oJld puma 600Z `PZ JIegweAoN 6/ZT TT Jo32J;s!u!WPV /c;!O zuog ylagsz!!3 (snowlu2un) •w•d OZ:L 32 pauJn0fp2 6upaaw 'uopow uodn (snowlu2un) 'Z00ZS `2MOl 'anbnq nG 'au21 JaA0IO 99LS1 `qn!o ;!00 SMop26IN ay1 42 •w•d L 12 '600Z d42;S 14.1 •LV 7Y4 v Janp2-p!2JeH yd2Ji -alai. : £6'S9-sa!! dd n -aJ2MpJeH aoV s,ana3! :68' 06-sa! ! d d n s-sal d23! :08'68T-luaJ a62Jo;• -oolaS :96'19I-s!oo -aUo !2!OJawwo3 sR2a! :b8'EEZ-poo; J2q-gn! s,w2s :0017£S`b-Ja661 aloy-;uawa!dw Japaoa :0179-ssaoo SOV03-woo28 :T61 -auoyd-3saMij :Eg•r -a623sod-ys2O /cl3a :0T'96-2Pos-6u!1310 100 !sdad :ST'£Z -!!!q auo4d-0313V :178'689`Z-SJalac -s)IJoM Jal2MW3IITJo :IT'SZI-Poo} Jeq-xo -sJa/clN :OZ'0iZ-sa!do elgell!q-slonpoJ ssau!sng :S8'£b -;auJa3u!-woo2!pai :00'SZ£-!2Tua -Uos)per Allah :0S'S -s;J2d-/!ddns a'& :08'£L-sa32oo!-p2o out 2mol :SL'Z8£`S-S26 ' sapddns 'poo}-aaA-Al :6Z'61T-pool Jeq-spoof a/a)IMOH :00'001 -AJ2Jg1!-6u!u2a!;; Dead a!ss2H •E9'ESZ' -312yds2-ao!naaS 30 6uolied !aw2H :00'66 -6u1s!3Janp2-6u!yslign, SaolnJaS ;san0 :0E'Z£ -aU!M-s,Jazsi :00Z -S3OyS n11-1134aH 12u01 -sdn000 Aalu!3 :004ST -Jays2MIJSIp-Se3!AJ9! ;Ua6Ja;a0 SW: :SL'tE£`8-Suo!loadsu -V103 :6b'9ST-sJay -!n6u!3xa 3J!}-luau -d!nb3 9-14 anbngnl :00'6Z-ea} 6u!paooa -JapJo3a8 /;Uno3 ani -nqna :00'17Z-pooJ-/of ;nuo0 :09'817-SJapU!! R: -To no Jawwa( :9Z'S89 -124aa-usld !2 -Ua0 23!a0 :OS'LSS-SI2: -!ways-slonpoJd N'8c :86'£LS-J!2daJ 316! ;aaJ4s-o!J;oal3 .13l1 3!1 :69'LEZ-sa!Iddn. ao!}}o-pJ2ou2g -aa} 6u411;-9123S }o Jo -!PnV :86'0£S-sao!AJa! !2IJo;IU2f-aJ2o !2! -uap!saa 2aJV :95ZSf -5U3U1-Se31AJa$ )1J2u -2JV !T0'Z9b`T-M1J0( -0Jd-D0U2Jnsul pa! -IV :S9'66L`tT-Sal!IRr -12Japa3->lu2g J9!waJc :b9'LE0`b-PaIN/V0I: -)!uSg Ja!waJd :T0.81 -SUET !l0. 2d-SlOU!p 40 a323S aaJns2aJJ :00'£00`I-sax2; 110.1Asc -2MOl 40 a32;S aaar -s2aJ 1 :68' £Z6' Z-SN 3d :06'96L'9Z-110J/2c :sum 91'9S9'9 P: Dolmas;qaa :8L'Eb6`17i -Pd 311 •06'£SZ`T-P: /oua6Jaw3 :17?'60E'i -s;!;auag aa/o!c -w3 :00'9SS'Z-Pd )lofJi dwn0 :ZL'6178`9T-P3 x23 uo!ld0 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: December 9, 2009, and for which the charge is $274.05. 3C-71.4.44AA.e PJle Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ?of day of ,n �� , 20 ®7 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 °„_ My Q_ m.2).-Exp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City cru, rn mai. in non,,i�. Project. Planning Service Manager Laura Car stens presented the Iowa Chapter of the America Planning Association's 2009 Planning Excellence award for Innovation in Best Practices for Sustainability for the Historic Millwork District Master Plan. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Resnick requested (#12) Historic Pre- servation Commission Fifth and Bluff Street Parking Ramp be held for separate discus- sion. Motion carried 6- 0. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 9/22; City Council of 11/2; Civil Service Commission of 10/16; City Conference Board of 1/28; Historic Pre- servation Commission of 10/22; Investment Oversight Advisory Commission of 10/28; Zoning Advisory 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 Revenues for month ended September 30, 2009 Upon motion the do.cuments were received and filed. Notice of Claims/ Suits: Michael Fitzpat- rick for property damage; Geraldine M. Goodman for personal injury; John Bechen for vehicle damage; Lola Volkert for personal injury; Matthew G. Hurm for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Michael Fitzpatrick for property damage; Geraldine M. Goodman for personal injury. Upon motion the documents were received and filed and concurred. Lower Bee Branch Creek Restoration Project: City Manager recommending ap-_ proval of an Environ- mental Information Document as a prerequisite for the use of state revolving loan funds (SRF) for the construction of the Lower Bee Branch Creek Restoration Project. Upon motion the documents were received, filed, and approved. Iowa 32 (Northwest Arterial) Capacity Improvements Project - Request for Proposals: City Manager recom- mending approval of the issuance of a Request for Proposals (RFP) to seek qualified firms interested in providing street and utility engineering design, geotechnical investigation 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 Project: City Manager recommending accept- ance of the Kephart Building - Roof Replacement Project as completed by Giese Roofing Company in the final contract amount of $81,107.00. Upon motion the documents were received and filed and Resolution No. 433-09 Accepting the Kephart Building Roof Replace- ment Project and authorizing the pay- ment of the contract amount to the contractor was adopted. Mines of Spain Exhibit and Educational Pro- gram Consultant: City Manager recommend- r ing approval of the selection of Experience u Design and direct City c staff to negotiate a t contract with the firm f for the Mines of Spain Interpretive Exhibit a and Education Pro- c gram. Upon motion the documents were received, filed, and a approved. Digital Flood Insur- E ante Rate Map t ceived and filed an s Resolution No. 435-0 Approving the acquisi tion of real estat located at 347 Eas 19th Street in the City of Dubuque, Iowa, wa adopted. Sale of Property - 351 East 15th Street: City Manager recommend ing approval of the sale of a single family residence located at 351 East 15th Street. Upon motion the documents were re- ceived and filed and Resolution No. 436-09 Approving the sale of real estate located at 351 East 15th Street, in the City of `Dubuque, Iowa, was adopted. Utility Easement for Industrial Tech Build- ing: City Manager recommending ap- proval of an easement that would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel Family Realty. Upon motion the docu- ments were received and filed and Resolution No. 437-09 Disposing of an interest in real property by easement to Interstate 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 proposed parking ramp located 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 evaluate options based on available funding. Motion by Resnick to receive and file the documents. Seconded by Jones. Motion car- ried 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 Excava- ting and Concrete, LLC, in the final contract amount of $224,617.91. Upon motion the documents were re- ceived and filed and Resolution No. 438-09 Accepting the Flood - wall Levee Slope Stabilization Project and authorizing the payment of the contract amount to the contractor was adopted. Supplement #1 - Code of Ordinances: City Manager recommend- ing approval of Supplement #1 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 439- 09 Adopting Supple- mept #1 to the Code of Ordinances of the City of Dubuque was adopted. I -JOBS Water Quality Fund Application - Lower Bee Branch Restoration Project: City Manager recom- mending approval of the submittal of a $7,000,000 grant appli- cation to the Iowa Finance Authority for !- JOBS Water Quality Fund money for the restoration of the Lower Bee Branch. Upon motion the documents were received, filed, and approved. I -JOBS Water Quality Fund Application - Water Pollution Control Plant Replacement Project: City Manager recommending appro- val of the submittal of a $5,000,000 grant application to the Iowa Finance Authority for !- JOBS Water Quality Fund money for the replacement of the Water Pollution Control Plant. Upon motion the documents were re- ceived, filed, and approved. Coalition for Various i Telecommunication f Filings: City Manager ecommending approval of committing t p to $10,000 to join a s oalition of communi- ies to pool resources s or various telecom- h munications filings t nticipated in the p oming months. Upon 2 motion the documents F were received, filed, B nd approved. Center for Energy and i nvironmental Educa- C ion (CEEE): Communi- t d mission submitting th 9 Certified List for th position of Medica e Officer. Upon motio t the documents wer received and filed an s made a Matter o Record. Human Rights Com mission: Commumca tion from Grete Winterwood, 1555 Montrose Terrace advising that she wil not be re -applying for a position on the Human Rights Commission Upon motion the document was re- ceived and filed. Abstract of Votes: Dubuque County Board of Supervisors submit- ting the Abstract of Votes for the General Election held the 3rd day of November, 2009. Upon motion the documents were re- ceived and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 440- 09 Granting the issu- ance of a Class "B" Beer Permit 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 Harbor Resort/Water Park and Hotel Julien Dubuque; a Class "C" Beer/Liquor License to Q and Bridge Resta- urant; and a Special Class "C" Liquor License to Cookin' Something Up were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, 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 Urban Renewal Bonds: City Manager recom- mending that a public hearing be set for December 7, 2009 to consider approval of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds for costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public improve- ments in the Historic Millwork District and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District. Upon motion the documents were received and filed and Resolution No. 442- 09 Fixing date for a meeting on the pro- position of the issu- ance of not to exceed $6,000,000 General Obli- gation Urban Renewal Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 7, 2009 in the Historic 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 Recon- struction Project Phase III and that a public hearing be set for December 7, 2009. Upon motion the documents were re- ceived and filed and Resolution No. 443-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and esti- mated cost; and order- ng the advertisement i or bids for the North t Fork Catfish Creek Stormwater and Sani- ary Sewer Recon- truction Project Phase III was adopted etting a public earing for a meeting o commence at 6:30 i .m. on December 7, p 009 in the Historic t ederal Building. p OARDS/COMMISSIONS Applicants were h nvited to address the ity Council regarding r heir desire to serve on • • • e mission recommendin e denial. Motion b I Connors to receive an n file the documents an e that the requiremen d that a propose f ordinance be con sidered and voted o for passage at tw Council meetings prio I to the meeting which it is to be passed be suspended. Se g documents and ap- y prove the recommen- d dation. Seconded by d Connors. Motion car- t ried 6-0. d Acquisition of Pro- - perty at Corner of n South Grandview Ave- o nue and Rockdale r Road: City Manager at recommending accept- ance of a donation - from Mark Falb to I conded by Voetberg. Motion carried 6-0. Motion by Connors for . final consideration and passage of Ordinance No. 56-09 Amending the Unified Develop- ment Code by reclas- sifying hereinafter described property located at Commerce Park from CS Com- mercial Service and Wholesale District to R- 4 Multi -Family Resi- dential District. Seconded by Voetberg. Joel Callahan, Callahan Construction, 7629 Commerce Park, ex- plained the project and spoke in support of the request. Planning Ser- vices Manager Laura Carstens provide a staff report. Speaking on behalf of the Zoning Advisory Commission, Chairperson Jeff Stiles stated that the plan Mr. Callahan presented to Council is different than the plan the Commission recently considered. ECIA Re- gional Transit Author- ity Manager Mark Munson and Greater Dubuque Development Corporation Executive Director Rick Dickinson spoke in support 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 receive 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 Encourage 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 residential 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 Urban Renewal District and authorizing the City Manager to solicit proposals for projects. to create such units. Seconded by Connors. Greater Dubuque Deve- lopment Corporation Executive Director Rick Dickinson spoke in support of the recom- mendation. Motion car- ried 6-0. Port of Dubuque - Riverfront Marina Project: City Manager recommending appro- val to locate an additional 43 transient boat slips (25 existing + 43 additional for a net total of 68 transient slips) with amenities as outlined in the City's grant proposal for the Port of Dubuque - Riverfront Marina Project. Motion by Connors to receive and filed the documents and approve the recom- mendation. Seconded by Voetberg. Braig read a prepared statement in oppo- sition to the recom- mendation. Resnick made comments in opposition to the re- commendation. Assis- tant City Engineer Bob Schiesl responded to questions from Council regarding the project's feasibility and cost. Van Milligen reiterated that the consultants dentified a demand for ransient boats. Motion carried 4-2 with Resnick and Braig voting nay. Washington Neighbor- hood Guidelines and Funding Sources: City Manager recommend- ng approval of roposed revisions to he financial incentives rogram promoting Washington Neighbor- ood homeownership. Motion by Voetberg to eceive and file the acquire property at the corner of South Grandview and Rock- dale Road for development of a passive park. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Voetberg. Motion carried 6-0. Mailboxes in City Right -of -Way: City Man- ager recommending approval of actions to be taken to address the existing unauthor- ized structures in the City right-of-way, including an amend- ment to the Code of Ordinances prohibiting any future mailbox structures or other encroachments of a non -breakaway design. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 57-09 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, by adopting a new Article F, Mailboxes, Establish- ing Standards for Mailboxes in Public Rights -of -Way. Seconded by Braig. Motion carried 6-0. Shot Tower Rehabil- itation - Phase I: City Manager recommend- ing rejection of all competitive bid pro- posals for the Shot Tower Rehabilitation - Phase I Project and re- bid the project. Motion by Connors to receive and file the documents and adopt Resolution No. 445-09 Rejecting .all competitive bid pro- posals received for the Historic Shot Tower Rehabilitation Project - Phase I and directing the City Clerk to re - advertise for bids for the project. Seconded by Voetberg. Motion carried 5-0. (Jones out of room). Dubuque Racing Association: Communi- cation from the Dubuque Racing Asso- ciation Board of Directors requesting appointment of repre- sentatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Motion by Connors to receive and file the documents and re -appoint Mayor Buol 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 Legislative Priorities - 2010 Session: City Manager recommend- ing approval of the State of Iowa Legis- lative Priorities for the 2010 session. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 6-0. CLOSED SESSION Motion by Jones at 8:44 p.m. to go into closed session regard- ing pending litigation and property acqui- sition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Connors. Motion carried 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 further business, upon motion the City Council adjourned at 9:14 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 2t 12/9 OF IOWA {SS: SUE COUNTY CERTIFICATION OF PUBLICATION ike, a Billing Clerk for Woodward Communications, Inc., publisher of the Telegraph Herald,a newspaper of general the City of Dubuque, County of Dubuque and State of IoN he attached notice was published in said newspaper on the nber 9, 2009, and for which the charge is $274.05. o before me, a Notary Public in and for Dubuque County, ] day of m-eicz,4) , 20 47 . Notary Public in and for Dubuque Count) MARY K. WEST. Commission ERMEYE5 M (, Number 154885 y- Dina.--Exp..,FEB._1, 2011 gram. Upon motion the CITY OF DUBUQUE, documents were IOWA received, filed, and CITY COUNCIL approved. PROCEEDINGS Digital Flood Insur- The Dubuque City ance Rate Map Council met in regular (DFIRM): City Manager session at 6:30 p.m. on recommending appro- November 16, 2009 in val of a letter to the the Historic Federal Federal Emergency Building. Management Agency Present: Mayor Buol, requesting changes to Council Members the Digital Flood Braig, Connors, Jones, Insurance Rate Map Resnick, Voetberg, City (DFIRM) and stating Manager Van Milligen, that the City of City Attorney Lindahl Absent: Council Member 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. lation of Phase 3 of the PRESENTATIONS Iowa 32 Bike/Hike Dubuque Main Street Trail. Upon motion the Executive Director Dan documents were re- LoBianco presented ceived and filed and the agency's Excell- Resolution No. 434-09 ence in Downtown Authorizing REAP Dubuque will not provide additional GIS data requested by FEMA for the North End. Upon motion the document was re- ceived, filed, and approved. REAP Grant Agree- ment - Iowa 32 Bike/ Hike Trail - Phase 3: City Manager recom- mending approval of a $200,000 Fiscal Year 2010 REAP grant agreement for instal - Suits: Michael Fitzpat- located in the Cathe- rick for property dral Historic Preserva- damage; Geraldine M. tion District. Goodman for personal City Manager recom- injury; John Bechen for mending that the City vehicle damage; Lola Council take no action Volkert for personal at this time regarding injury; Matthew G. the Fifth and Bluff Hurm for vehicle Street Parking Ramp as damage. Upon motion staff continues to the documents were evaluate options based received and filed and on available funding. referred to the City Motion by Resnick to Attorney. receive and file the City Attorney advising documents. Seconded that the following by Jones. Motion car - claims have been ried 6-0. referred to f d Public Floodwall Levee Slope WVII I documents were proposed parking ramp License to Cookin' Upon m the rules ofu uq received and filed. located at the corner of Something Up were were reinstated limit- of Ordinances Title 10 Notice of Claims/ Fifth and Bluff Streets, adopted. ing discussion to the Public Ways and ITEMS TO BE SET FOR City Council. Property, Chapter 3 PUBLIC HEARING ACTION ITEMS Encroachments on Motion by Jones to Every Child / Every Public Places, by receive and file the Promise: Chad Chand- adopting a new Article documents, adopt the lee, Every Child / Every F, Mailboxes, Establish - resolutions, set the Promise Board Chair, ing Standards for public hearings as introduced Executive Mailboxes in Public indicated, and direct Director Nancy Keedy. R i g h t s - o f- W a y. the City Clerk to Motion by Jones to Seconded by Braig. publish notice as receive and file. Motion carried 6-0. prescribed by law. Seconded by Braig. Ms. Shot Tower Rehabil- Seconded by Voetberg. Keedy gave a brief oral itation - Phase I: City Motion carried 6-0. synopsis of the future Manager recommend - General Obligation goals of Every Child / ing rejection of all Urban Renewal Bonds: Every Promise. Motion competitive bid pro - City Manager recom- carried 6-0. posais for the Shot mending that a public Assistance Pool to Tower Rehabilitation - hearing be set for Encourage Residential Phase I Project and re- Entity Risk Services of Stabilization Project: • December 7, 2009 to Housing in Downtown: bid the project. Motion Iowa, the agent for the City Manager recom- Iowa Communities mending acceptance of Assurance Pool: the Floodwall Levee Michael Fitzpatrick for Slope Stabilization Pro - property damage; ject as completed by Geraldine M. Goodman Eastern Iowa Excava- for personal injury. ting and Concrete, LLC, Upon motion the in the final contract documents were amount of $224,617.91. received and filed and Upon motion the concurred. documents were re - Lower Bee Branch ceived and filed and Creek Restoration Resolution No. 438-09 Project: City Manager Accepting the Flood - recommending ap- wall Levee Slope proval of an Environ- Stabilization Project mental Information and authorizing the Document as a payment of the prerequisite for the use contract amount to the of state revolving loan contractor was funds (SRF) for the adopted. construction of the Supplement #1 - Code Lower Bee Branch of Ordinances: City Creek Restoration Manager recommend - Project. Upon motion ing approval of the ocu d ments were Supplement #1 to the consider approval of City Manager recom- by Connors to receive the issuance of not to mending that a pool of and file the documents exceed $6,000,000 funds in the amount of and adopt Resolution General Obligation $2.5 million be created No. 445-09 Rejecting all Urban Renewal Bonds to encourage new competitive bid pro - for costs associated residential housing posais received for the with the construction units in downtown Historic Shot Tower of street, stormwater, Dubuque and that a Rehabilitation Project - sanitary sewer, water, Request for Proposals Phase I and directing fiber optic, parking and be solicited from the City Clerk to re - other public improve- developers who are advertise for bids for ments in the Historic interested in reno- the project. Seconded Millwork District and vating existing strut- by Voetberg. Motion the funding of grants, tures in the downtown. carried 5-0. (Jones out loans and other Motion by Voetberg to of room). financial assistance to receive and file the Dubuque Racing private developers to documents and adopt Association: Communi- assist in rehabilitation Resolution No. 444-09 cation from the of existing buildings Approving the creation Dubuque Racing Asso- and construction of of an assistance pool ciation Board of housing development to encourage market- Directors requesting projects in the rate downtown rental appointment of repre- Millwork District. Upon and owner -occupied sentatives to the DRA motion the documents residential units in the Board of Directors for were received and filed Greater Downtown 2009 (currently Mayor and Resolution No. 442- Urban Renewal District Roy D. Buol, Council received, filed, and City of Dubuque Code 09 Fixing date fora and authorizing the Members Kevin Lynch approved. of Ordinances. Upon meeting on the pro- City Manager to solicit and Ric Jones, and City Iowa 32 (Northwest motion the documents position of the issu- proposals for projects Manager Michael C. Arterial) Capacity were received and filed ance of not to exceed to create such units. Van Milligen). Motion Improvements Project - and Resolution No. 439- $6,000,000 General Obli- Seconded by Connors. by Connors to receive Request for Proposals: 09 Adopting Supple- gation Urban Renewal Greater Dubuque Deve- and file the documents City Manager recom- ment #1 to the Code of Bonds (for Urban lopment Corporation and re -appoint Mayor mending approval of Ordinances of the City Renewal purposes) of Executive Director Rick Buol and Council the issuance of a of Dubuque was the City of Dubuque, Dickinson spoke in Members Lynch and Request for Proposals adopted. Iowa, and providing for support of the recom- Jones, and City (REP) to seek qualified I -JOBS Water Quality publication of notice mendation. Motion car- Manager Van Milligen firms interested in Fund Application - thereof was adopted ried 6-0. to the DRA Board of providing street and Lower Bee Branch setting a public Port of Dubuque - Directors. Seconded by utility engineering Restoration Project: hearing for a meeting Riverfront Marina Braig. Motion carried 6- design, geotechnical City Manager recom- to commence at 6:30 Project: City Manager 0. investigation and mending approval of p.m. on December 7, recommending appro- State of Iowa testing for the the submittal of a 2009 in the Historic val to locate an Legislative Priorities - improvements along IA $7,000,000 grant appli- Federal Building. additional 43 transient 2010 Session: City 32, from US 20 to John cation to the Iowa North Fork Catfish boat slips (25 existing Manager recommend - F. Kennedy Road. Upon Finance Authority for 1- motion the documents JOBS Water Quality were received, filed, Fund money for the and approved. restoration of the Kephart Building - Lower Bee Branch. Roof Replacement Upon motion the Project: City Manager documents were recommending accept- received, filed, and ance of the Kephart approved. Building - Roof I -JOBS Water Quality Replacement Project Fund Application - as completed by Giese Water Pollution Control Roofing Company in Plant Replacement the final contract Project: City Manager amount of $81,107.00. recommending appro- Upon motion the val of the submittal of documents were a $5,000,000 grant received and filed and application to the Iowa Resolution No. 433-09 Finance Authority for (- Accepting the Kephart JOBS Water Quality Building Roof Replace- Fund money for the ment Project and replacement - of the authorizing the pay- Water Pollution Control ment of the contract Plant. Upon motion the amount to the documents were re - contractor was ceived, filed, and adopted. approved. Mines of Spain Exhibit Coalition for Various and Educational Pro- Telecommunication gram Consultant: City Filings: City Manager Manager recommend- recommending ing approval of the approval of committing tary Sewer Recon- voting nay. /s/Jeanne F. Schneider, selection of Experience up to $10,000 to join a struction Project - Washington Neighbor- CMC, City Clerk Design and direct City coalition of communi- Phase III was adopted hood Guidelines and 2t 12/9 staff to negotiate a ties to pool resources setting a public Funding Sources: City contract with the firm for various telecom- hearing for a meeting Manager recommend- , for the Mines of Spain munications filings to commence at 6:30 ing approval of Interpretive Exhibit anticipated in the p.m. on December 7, proposed revisions to and Education Pro- coming months. Upon 2009 in the Historic the financial incentives motion the documents Federal Building. program promoting were received, filed, BOARDS/COMMISSIONS Washington Neighbor - and approved. Applicants were hood homeownership. Center for Energy and invited to address the Motion by Voetberg to Environmental Educa- City Council regarding receive and file the tion (CEEE): Communi- their desire to serve on cation to Kamyar the following Boards/ Enshayan, Director - Commissions: Center for Energy and Mississippi River Environmental Educa- Partnership Council: tion, expressing the One 3-year term City's commitment to through December 31, partner with the 2012. Applicants: An - University of Northern thony Allen, 575 Al - Iowa's CEEE and, if mond Street; Edward possible, to host a 2010 Cawley, 598 Needham Green Iowa Ameri- Street; Kenneth Ogles - Corps program in by, 990 W. 32nd Street; Dubuque starting in Walt Webster, 3509 the fall of 2010. Upon Asbury Road. Mr. motion the document Cawley, Mr. Oglesby, was received and filed. and Mr. Webster spoke Mediacom: Communi- in support of their cation from Lee. Grass- appointment. ley, Mediacom, advis- Plumbing Board: One ing of channel changes 3-year term through which supersede the November 2, 2012 (At - changes outlined in his large term of Harris) letter dated October Applicant: Daniel Har- 23, 2009. Upon motion ris, 998 Indian Ridge the document was Transit Board of received and filed. Trustees: One 3-year Iowa Department of term through July 30, Public Health (IDPH) 2011 (Term of Curtis). Childhood Lead Poi- Applicant: Thomas soning Prevention Pro- Croissant Jr., 444 gram (CLPPP): City Angella Street #8 Manager recommend- PUBLIC HEARINGS ing approval of a Upon motion the rules Creek Stormwater and + 43 additional fora ing approval of the Sanitary Sewer Recon- net total of 68 transient State of Iowa Legis- struction Project - slips) with amenities lative Priorities for the Phase III: City Manager as outlined in the City's 2010 session. Motion recommending initia- grant proposal for the by Connors to receive tion of the bidding Port of Dubuque - and file the documents process for the North Riverfront Marina and approve the recom- Fork Catfish Creek Project. Motion by mendation. Seconded Stormwater and Sani- Connors to receive and by Resnick. Motion tary Sewer Recon- filed the documents carried 6-0. struction Project - and approve the recom- CLOSED SESSION Phase III and that a mendation. Seconded Motion by Jones at public hearing be set by Voetberg. Braig 8:44 p.m. to go into for December 7, 2009. read a prepared closed session regard - Upon motion the statement in oppo- ing pending litigation documents were re- sition to the recom- and property acqui- ceived and filed and mendation. Resnick, sition pursuant to Resolution No. 443-09 made comments in Chapter 21.5(1)(c)(j) Preliminary approval of opposition to the re- Code of Iowa. plans, specifications, commendation. Assis- Seconded by Connors. form of contract, and tant City Engineer Bob Motion carried 6-0. estimated cost; setting Schiesl responded to Upon motion at 9:13 date of public hearing questions from Council p.m. the City Council on plans, specifi- regarding the project's reconvened in regular cations, form of feasibility and cost. session stating that contract, and esti- Van Milligen reiterated staff had been given mated cost; and order- that the consultants proper direction. ing the advertisement identified a demand for There being no for bids for the North transient boats. Motion further business, upon Fork Catfish Creek carried 4-2 with motion the City Council Stormwater and Sani- Resnick and Braig adjourned at 9:14 p.m. Development awards Grant Agreement with . contract with the were suspended allow - to the City for Best Iowa Department of Dubuque County Board ing anyone present to Public/Privatelmprove- Natural Resources for of Health and the Iowa address the City ment for the Port of the Iowa 32 Bike/Hike Department of Public Council. Dubuque Parking Trail - Phase 3 was Health (IDPH) for Request to Rezone - Ramp, Best Business adopted. continued funding of Commerce Park: Proof Improvement Success Purchase of Property - the Childhood Lead of publication on Story for IBM, Best 347 East 19th Street: Poisoning Prevention notice of public Design/Education City Manager recom- Program (CLPPP) and a hearing to consider a Preservation Initiative mending approval of renewed agreement request from Joel for the Downtown the purchase of a with the VNA for Callahan to rezone Design Guidelines, Best single family home services related to the property located at Community -Initiated located at 347 East CLPPP. Upon motion Commerce Park from Development for the 19th Street which has the documents were CS Commercial Service Historic Millwork Dis- been in serious dis- received, filed, and and Wholesale District trict, and the Best Total repair for a number of approved. to R-4 Multi -Family Building Rehabilitation years. Upon motion the Civil Service Commis- Residential District and for the Step -by -Step documents were re- sion: Civil Service Com- Zoning Advisory Com- Notary Public in and for Dubt MARY K. WESTERMEYER Commission Number 154885 My aomr.--cxR,_FES, 1, 2011