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Proof of Publication_City Council Proceedings 5 3 10h e n d tions to acquire the property for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 141- 10 Establishing the Fair Market Value of cer- tain real property owned by Steven and Sue A. Boelk in the City of Dubuque, Iowa, was adopted. Montrose Terrace Stairs Reconstruction Project: City Manager recommending award of the contract for the Montrose_.._ _. - .Terrace actuarial services ef- fective July 1, 2010 through June 30, 2012. Upon motion the docu- ments were received, filed, and approved. Fiscal Year 2011 De- tailed Operating Budg- et for the Five Flags Center: City Manager recommending appro- val of the detailed Fis- cal Year 2011 operating budget for the Five Flags Center as sub- mitted by SMG. Upon motion the documents were received, filed, and approved. Port of Dubuque Us- age Policies: City Man- ager recommending approval of revisions to the Port of Dubuque usage policies effective May 3, 2010 to only al- low private rentals at the Alliant Energy Am- phitheater that desire beer, wine or liquor to do so with a licensed beer /liquor permit holder with catering privileges. Upon mo- tion the documents were received, filed, and approved. M2M Magazine: Copy of article from M2M Magazine featuring Mayor Roy D. Buol. Upon motion the docu- ments were received and filed. Investment Policy Re- vision: City Manager recommending appro- val of updates to the City's Investment Poli- cy. Upon motion the documents were re- ceived and flied and Resolution No. 144 -10 Adopting the City of Dubuque Investment Policy was adopted. Quarterly Investment Report: City Manager transmitting the March 31, 2010 Quarterly In- vestment Report. Upon motion the documents were received and filed. Business License Re- fund: Request of Mark Molo, Molo Oil Compa- ny, for a refund of Beer Permit License #BC0027561 for Puff N Snuff at 1101 Rhom- berg Avenue. Upon mo- tion the documents were received, filed, and the refund ap- proved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense, renewal s.as_p lb; 1745 Geraldine Drive. Motion by Jones to ap- point Ronald Billmeyer to the Mechanical Board for a 3 -year term through March 16, 2013. Seconded by Voetberg. Motion car- ried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Dubuque Terminals, Inc. (Newt) Leases: Proof of publication on notice of public hear- ing to consider pro- posed leases with Du- buque Terminals, Inc., for the Ice Harbor and Dove Harbor areas and City Manager recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and adopt Reso- lution No. 148 -10 Dis- posing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corpora- tion (the Dove Harbor Lease); and Resolution No. 149 -10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corpora- tion (the Ice Harbor Lease). Seconded by Voetberg. Motion car- ried 7 -0. Lower Bee Branch Creek Restoration Proj- ect: Proof of publica- tion on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost for the Lower Bee Branch Creek Restoration Proj- terminus. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7 -0. Motion by Lynch for final consideration and passage of Ordinance No. 25 -10 Amending City of Dubuque Code of Ordinances § 9 -7- 321.321 Entering through Streets by adding Chavenelle Drive, from Associates Drive to the east right - of -way line of Seippel Road and from the west right -of -way line of Seippel Road to its northerly terminus; and Ordinance No. 26- 10 Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsec- tion (A) of Section § 9- 7- 321.322 thereof pro- viding for the deletion of the stop sign on Fu- turo Court at Chave- nelle Drive. Seconded by Braig. Motion car- ried 7 -0. COUNCIL MEMBER REPORTS Lynch reported on the Sister City visit by a delegation from Dorn - birn, Austria, May 13- 15, adding that Dorn - birn has immigrant ties to Dubuque including ancestral connections to the Rhomberg fami- ly. Lynch invited Coun- cil Members to partici- pate in the event. CLOSED SESSION Motion by Jones at 8:20 p.m. to go into closed session regard- ing pending litigation and Property Acquisi- tion pursuant to Chap- ter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion the City Council reconvened in open session at 9:23 p.m. stating that staff had been given proper direction. There being no fur - Associates Drive to the ther business, upon east right -of -way line motion the City Council of Seippel Road and 4 adjourned at 9:24 p.m. from the west right -of- - /s /Jeanne F. Schneider, way line of Seippel ` CMC, City Clerk Road to its northerly { It 5/12 ect and City Manager recommending appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 150 -10 Approving plans, speci- fications, form of con- tract, and estimated cost for the Lower Bee Branch Creek Restora- tion Project. Seconded by Voetberg. Motion carried 7 -0. Asbury Road and IA 32 Traffic Signal and Grading Project: Proof of publication on no- tice of public hearing to cnnsirler the nl,,ns several ideas for the project. Van Milligen clarified the budget funding and added that current transit employ- ees would remain City employees. Motion car- ried 7 -0. Washington Street Row House Project - Io- wa Finance Authority Loan: City Manager recommending appro- val of a $250,000 loan application through the OurHome Construction Loan Program from the Iowa Finance Authority to assist with the row house project at 1765- 1795 Washington Street. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 7 -0. Dubuque Levee and Floodwall Certification: City Manager recom- mending approval of the submission of the One -Year Progress Re- port for certification of the Dubuque levee and floodwall system along the Mississippi River, and other related documents to the Fed- eral Emergency Man- agement Agency. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Seconded by Voetberg. Motion carried 7 -0. Designation of Chave- nelle Drive as Through Street: City Manager recommending that Chavenelle Drive be designated as a "through street" from 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: May 12, 2010, and for which the charge is $274.42. f Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this /'1 day of , 20 4 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp FED, 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on May 3, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Father Gabriel Anderson of St. Columbkille's Catholic Church. PROCLAMATIONS Bike to Work Week (May 17 - 21, 2010); Preservation Month (May, 2010) was ac- cepted by David Klavitter and Michael Knight of the Historic Preservation Commis- sion; National Train Day (May 8, 2010) was accepted by David Solberg, 1387 Toma- hawk Drive, and Ed Sheppley, 2590 St. Anne Drive; Nursing Home Week (May 9 - 15, 2010) was accepted by Mike Terrill of Dubu- que Nursing and Rehab and Barbara Barker of Luther Manor Retire- ment Community; Pub- lic Service Employee Recognition Week (May 3 - 7, 2010) was accepted by Ann Edelman, 3887 Aurora Street, and Phyllis An- derson, 2025 Morning View Road; Ameri- Corps Week (May 8 15, 2010) was accepted by Michele Balek, City of Dubuque Sustain - ability Office; Compass to Care Day - the Mike and Sandy Ernsdorf . Childhood Cancer Foundation (July 9, 2010) was accepted by Michelle Ernsdorf, Ex- ecutive Director, Com- pass to Care Day. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 7 -0. pli,cwvi w ie xace Historical Society of Io- wa for Historic Re- source Development Program (HRDP) grant funds for the Mines of Spain Interactive Multi - Media Timeline Exhibit. Upon motion the docu- ments were received and filed and Resolu- tion No. 125 -10 Author- izing grant application for HRDP Funds for Mines of Spain Interac- tive Multi -Media Timeline Exhibit was adopted. Historic District Public Improvement Program (HDPIP): Historic Pres- ervation Commission recommending appro- val of $20,270 in Histor- ic District Public Im- provement Program (HDPIP) funds for the Julien Dubuque Monu- ment Interpretive Ex- hibit at the E.B. Lyons Interpretive Center. Upon motion the docu- ments were received, filed, and approved. Dubuque Community School District - Water Meter Wireless Net- work Equipment Li- cense Agreement: City Manager recommend- ing approval of the Wa- ter Meter Wireless Net- work Equipment Li- cense Agreements be- tween the City and the Dubuque Community School District for placement of equip- ment at Table Mound Elementary School and Washington Middle School. Upon motion the documents were received, filed, and ap- proved. Iowa Department of Transportation: Com- munication from the Iowa Department of Transportation provid- ing official notification that the Iowa Depart- ment of Transportation proposes to let three pavement repair proj- ects (US 20, Iowa 32, US 61) on May 18, 2010. Upon motion the docu- ments were received and filed. Iowa Department of Economic Development - Notice of Board Ac- tion: Communication to Bob Johnson from the Iowa Economic Devel- opment Board advising that the Board intends to award Sustainable Neighborhood Builders, Inc. the Brownfield Re- development Tax Cred- it, maximum credit of $100,000, for their proj- ect in Dubuque. Communication to Mary Gronen from the Iowa Economic Devel- opment Board advising that the Board intends to award Caradco Building, LLLP the 12% Grayfield Redevelop- ment Tax Credit, maxi- mum credit of $100,000, for their proj- ect in Dubuque. Communication to Chad Walsh from the Iowa Economic Devel- opment Board advising that the Board intends to award B & C Cathe- dral Development, LLC the 12% Grayfield Re- development Tax Cred- it, maximum credit of $100,000, for their proj- ect in Dubuque. Communication to Sherry Freebery from the Iowa Economic De- ng Agreement tor the IA 32 Geometric and Signalization Improve- ments - US 20 to John F. Kennedy Road Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 129 -10 Approving the Iowa De- partment of Transpor- tation Federal Aid Funding Agreement (Agreement No. 6-10 - ICAAP-11) for the IA 32 Geometric and Signal - ization Improvements was adopted. IA 32 and Asbury Road Turn Lane Improve- ment Project - Agree- ment No. 6- 10- STPU -06: City Manager recom- mending approval of the Iowa Department of Transportation Fed- eral Aid Funding Agreement for a Sur- face Transportation Program (Agreement No. 6- 10- STPU -06) for IA 32 and Asbury Road Turn Lane Improve- ment Project. Upon motion the documents were received and filed and Resolution No. 130- 10 Approving the Iowa Department of Trans- portation Federal Aid Funding Agreement (Agreement No. 6.10 - STPU-06) for the IA 32 and Asbury Road Turn Lane Improvement Project was adopted. Asbury Road and IA 32 Traffic Signal and Grading Project - Traf- fic Safety Funding Agreement: City Man- ager recommending approval of the Iowa Department of Trans- portation Traffic Safety Funding Agreement for a signal and grading project that will make improvements to the IA 32 and Asbury Road in- tersection. Upon mo- tion the documents were received and filed and Resolution No. 131- 10 Approving the Iowa Department of Trans- portation State Aid Funding Agreement (Agreement No. 2009 - TS -017) for the Asbury Road and IA 32 Traffic Signal and Grading Project was adopted. IA 32 and Asbury Road Turn Lane Improve- ment Project - Agree- ment No. 6-10- USTEP- 12: City Manager rec- ommending approval of the Iowa Depart- ment of Transportation Urban -State Traffic En- gineering Program (U- STEP) Agreement for the IA 32 and Asbury Road Turn Lane Im- provement Project. Upon motion the docu- ments were received and filed and Resolu- tion No. 132-10 Approv- ing the Iowa Depart- ment of Transportation Federal Aid Funding Agreement (Agree- ment No. 6-10-USTEP- 02) for the IA 32 and Asbury Road Turn Lane Improvement Project was adopted. Brunskill Road - Iowa Department of Trans- portation Funding Agreement: City Man- ager recommending approval of the Iowa Department of Trans- portation Federal Aid Funding Agreement for the Brunskill Road Bridge Replacement Project. Upon motion Street: City Manager recommending appro- val to establish the fair market value of 2350 Elm Street at the ap- praised value of $27,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 137 -10 Establishing the Fair Market Value of cer- tain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2349 Elm Street: City Manager recommending appro- val to establish the fair market value of 2349 Elm Street at the ap- praised value of $57,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 138 -10 Establishing the Fair Market Value of cer- tain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 500 Rhomberg Avenue: City Manager recommending appro- val to establish the fair market value of 500 Rhomberg Avenue at the appraised value of $100,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 139 -10 Establishing the Fair Market Value of cer- tain real property owned by PJ's Tap, LLC in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 501 Rhomberg Avenue: City Manager recommending appro- val to establish the fair market value of 501 Rhomberg Avenue at the appraised value of $90,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 140 -10 Establishing the Fair Market Value of cer- tain real property owned by Steven Smith and Gary L. Carner in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2356 Washing- ton Street: City Manag- er recommending ap- proval to establish the fair market value of 2356 Washington Street at the appraised value of $86,500 and authorize the City Man- ager to begin negotia- ing Enterprise Zone Program Agreement by and among the Iowa Department of Eco- nomic Development, the City of Dubuque and Helicon Manage- ment, LLC, was adopt- ed. Iowa Community Cul- tural Grant Application: City Manager recom- mending approval of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cul- tural Grant to fund the part-time Arts and Cul- tural Affairs Coordina- tor position. Upon mo- tion the documents were received, filed, and approved. Mobile Data Termi- nals - Request for Pro- posals: City Manager recommending appro- val to issue a Request for Proposals for pro- curement of Mobile Da- ta Terminals in KeyLine mini -buses which will offer real -time dis- patching capabilities for the mini -bus opera- tion. Upon motion the documents were re- ceived, filed, and ap- proved. Consulting and Actua- rial Services Agree- ment - Gallagher Bene- fit Services: City Man- ager recommending approval of an amend- ment to the Adminis- trative Services Agree- ment with Gallagher Benefit Services for benefit consulting and actuarial services ef- fective July 1, 2010 through June 30, 2012. Upon motion the docu- ments were received, filed, and approved. Fiscal Year 2011 De- tailed Operating Budg- et for the Five Flags Center: City Manager recommending appro- val of the detailed Fis- cal Year 2011 operating budget for the Five Flags Center as sub- mitted by SMG. Upon motion the documents were received, filed, and approved. Port of Dubuque Us- age Policies: City Man- ager recommending approval of revisions to the Port of Dubuque usage policies effective May 3, 2010 to only al- low private rentals at the Alliant Energy Am- phitheater that desire beer, wine or liquor to do so with a licensed beer /liquor permit holder with catering privileges. Upon mo- tion the documents were received, filed, and approved. M2M Magazine: Copy of article from M2M Magazine featuring Mayor Roy D. Buol. Upon motion the docu- ments were received and filed. Investment Policy Re- vision: City Manager recommending appro- val of updates to the City's Investment Poli- cy. Upon motion the documents were re- ceived and filed and Resolution No. 144 -10 Adopting the City of Dubuque Investment Policy was adopted. Quarterly Investment Report: City Manager transmitting the March 31, 2010 Quarterly In- vestment Report. Upon public hearing be set for May 17, 2010 to consider approval of the plans and specifi- cations, form of con- tract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 147 -10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bee Branch Creek Building Deconstruc- tion Project was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on May 17, 2010 in the Historic Federal Building. Seconded by Connors. Motion car- ried 7 -0. BOARDS/ COMMISSIONS Appointments to the following Boards /Com- missions: Housing Commission: One 3- year term through Au- gust 17, 2012 (Term of Plein). Applicant: Lisa McAllister, 1701 1 /2 Cen- tral Avenue. Motion by Connors to appoint Li- sa McAllister to the Housing Commission for a 3 -year term through August 17, 2012. Seconded by Lynch. Motion carried 7 -0. Mechanical Board: One 3 -year term through March 16, 2013 (Term of Bandy). Appli- cant: Ronald Billmeyer, 1745 Geraldine Drive. Motion by Jones to ap- point Ronald Billmeyer to the Mechanical Board for a 3 -year term through March 16, 2013. Seconded by Voetberg. Motion car- ried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Dubuque Terminals, Inc. (Newt) Leases: Proof of publication on notice of public hear- ing to consider pro- posed leases with Du- buque Terminals, Inc., for the Ice Harbor and Dove Harbor areas and City Manager recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and adopt Reso- lution No. 148 -10 Dis- posing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corpora- tion (the Dove Harbor Lease); and Resolution No. 149 -10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corpora- tion (the Ice Harbor Lease). Seconded by Voetberg. Motion car- ried 7 -0. Lower Bee Branch Creek Restoration Proj- ect: Proof of publica- tion on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost for the Lower Bee Branch Creek Restoration Proj- as requested by James Gantz. Motion by Connors to receive and file the documents and adopt Resolution No. 152 -10 Approving final plat of Wingate Place No. 3 in the City of Du- buque, Iowa. Seconded by Braig. Motion car- ried 7 -0. Transit Management Contract Proposal: City Manager recommend- ing approval of the se- lection of ECIA for transit management services. Motion by Voetberg to receive and file the documents and adopt Resolution No. 153 -10 Approving the selection of East Central Intergovern- mental Association (ECIA) for transit man- agement services and authorizing the City Manager to execute an appropriate contract for said management contract. Seconded by Resnick. Responding to questions from City Council, Economic De- velopment Director Dave Heiar stated that a joint City /ECIA com- mittee will appoint the new transportation di- rector and operations supervisor with ECIA Executive Director Kelley Hutton -Deut- meyer supervising the ECIA and City transpor- tation directors. Ms. Deutmeyer stated that RTA currently has both full -time and part-time drivers and described several ideas for the project. Van Milligen clarified the budget funding and added that current transit employ- ees would remain City employees. Motion car- ried 7 -0. Washington Street Row House Project - Io- wa Finance Authority Loan: City Manager recommending appro- val of a $250,000 loan application through the OurHome Construction Loan Program from the Iowa Finance Authority to assist with the row house project at 1765- 1795 Washington Street. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 7 -0. Dubuque Levee and Floodwall Certification: City Manager recom- mending approval of the submission of the One -Year Progress Re- port for certification of the Dubuque levee and floodwall system along the Mississippi River, and other related documents to the Fed- eral Emergency Man- agement Agency. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Seconded by Voetberg. Motion carried 7 -0. Designation of Chave- nelle Drive as Through Street: City Manager recommending that Chavenelle Drive be designated as a "through street" from Associates Drive to the east right -of -way line of Seippel Road and from the west right -of- way line of Seippel Road to its northerly Escape f, Sync Power equipment, Stock-000310 Factory Rebate Discount 7 re: ent lD Facto Factory ger terminus. Motion by pro- Lynch to receive and S hors file the documents and R 1 1 the that the requirement y tdopt that a proposed ordi- e{u. ,0-10 nance be considered a�eci and voted on for pas- Con- sage at two Council ated meetings prior to the Bee meeting at which it is ora- to be passed be sus- , tded pended. Seconded by Stock tition Braig.OMotion carried A 32 Motion by Lynch for ;and final consideration and !roof passage of Ordinance no- No. 25-10 Amending firing City of Dubuque Code • o' y y.,iin vwr a-7. 47e 01 IIpU0O3 ATM : ay} to misses Jain6eJ fbg P sl slgl pawls pus iiso pile aql peal long .rodPyy tes lL1Ppul- hauJol iht- -4V hll3 'ua5ifll J usA pel aa6eueyy dl3O '6Jeq the -IaoA )101usaa 'Maud- fine spoor 'vouuoO 'fiiElt3 its sJegwayy Ipuno3 us; 'lone aodeyy :luasald 26- '6u Ipl In9 leaapa3 31104 de -s!H aq4 ul oIOZ'E �eIN he uo 'u'd 0E:9 ;P uoissas Na aeln6aJ ul law Ilouno3 ,c- dlio enbngna aql SONIO3330t1d IIDN1O3 A113 VMOI ` nonana JO A113 \-0 Tow package, Snow p Spray in liner Str $6,995 L ' Ote $6,995 Discount $8,495 S5,995 $4,995 $4,995 S5,995 S6,995 $4,995 S6,995 .$3,995 $2,995 53,995 S4,995 $3,995 $1,995 Power windows locks mirrors Automatic AC Stock*XOp353 9- 'a- Dn u- e- ;d r- le a r 3- 's 0 s 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: May 12, 2010, and for which the charge is $274.42. "PciP Subscribed to before me a�Public in and for Dubuque County, Iowa, this /got day of , 20 42 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My CORtMiExp. FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on May 3, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligan, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Father Gabriel Anderson of St. Columbkille's Catholic Church. PROCLAMATIONS Bike to Work Week (May 17 - 21, 2010); Preservation Month (May, 2010) was ac- cepted by David Klavitter and Michael Knight of the Historic Preservation Corn mis- sion; National Train Day (May 8, 2010) was accepted by David Solberg, 1387 Toma- - hawk Drive, and Ed t Sheepley, 2590 St. B Anne Drive; Nursing I Home Week (May 9 - 15, 2010) was accepted by Mike Terrill of Dubu- Minutes and Report Submitted: Arts an Cultural Affairs Adviso ry Commission of 3/23 Cable TV Regulator Commission of 9/9/09 City Council of 4/19 Civil Service Commis sion of 4/8; Environ mental Stewardshi Advisory Commission of 4/6; Historic Preser vation Commission o 4/15: Housing Commis sion of 3/23; Mechani cal Board of 4/14; Park and Recreation Corn mission of 3/9 Library Board of Trustees Update from the meeting of April 22 2010 Proof of publication of City Council Proceed- ings of April 5 and 12, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Melvin Moss for vehicle damage; James Hanson for property damage; State Farm In- surance (William Rob- erts) for vehicle dam- age; Christopher Lange for property damage; Coralita Shumaker for vehicle damage; Aaron Young for property damage. Upon motion the documents were received, filed, and re- ferred to the City Attor- ney. 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: James Hanson for property damage; William Rob- erts for vehicle dam- age; Interstate Power and Light for property damage; Diane Boge for vehicle damage; Melvin Moss for vehi- cle damage. Upon mo- tion the documents were received, filed, and concurred. 2010 - 2011 Deer Man- agement Plan: City Manager recommend- ing approval of the 2010 - 2011 Urban Deer Management Program. Upon motion the docu- ments were received, filed, and approved. Mystique Casino: Communication from Jesus Aviles, Mystique Casino, requesting to display fireworks on June 5, 2010 in celebra- tion of 26 years of live racing at Dubuque Greyhound Park. Upon motion the documents were received, filed, and approved. Historic Resource De- velopment Program (HRDP) Grant Applica- tion: City Manager rec- ommending approval of a $20,500 grant ap- plication to the State Historical Society of Io- wa for Historic Re- source Development Program (HRDP) grant funds for the Mines of Spain Interactive Multi - Media Timeline Exhibit. Upon motion the docu- ments were received and filed and Resolu- tion No. 125-10 Author- izing grant application for HRDP Funds for Mines of Spain Interac- tive Multi -Media Timeline Exhibit was adopted. Historic District Public Improvement Program (HDPIP): Historic Pres- ervation Commission recommending appro- val of $20,270 in Histor- ic District Public Im- provement Program (HDPIP) funds for the Julien Dubuque Monu- ment Interpretive Ex- hibit at the E.B. Lyons Interpretive Center. Upon motion the docu- ments were received, filed, and approved. Dubuque Community School District - Water Meter Wireless Net- work Equipment Li- cense Agreement: City Manager recommend- ing approval of the Wa- ter Meter Wireless Net- work Equipment Li- cense Agreements be- tween the City and the Dubuque Community School District for placement of equip- ment at Table Mound Elementary School and Washington Middle School. Upon motion the documents were received, filed, and ap- proved. Iowa Department of Transportation: Com- munication from the Iowa Department of Transportation provid- ng official notification that the Iowa Depart- ment of Transportation proposes to let three pavement repair proj- ects (US 20, Iowa 32, US 61) on May 18, 201D. Upon motion the docu- ments were received and filed. T Iowa Department of Economic Development S Notice of Board AC- P ion: Communication to ob Johnson from the T owa Economic bevel- pment Board advising hat the Board intends 1 c award Sustainable o s velopment Board ad d vising that the Boar intends to award 4 ; Main, LLC th y Brownfield Redevelop ment Tax Credit, maxi mum credit o - $100,000, for their proj ect In Dubuque. p Upon motion th documents were re ceived and filed. f Hempstead Safety Im - provements - Cross walks and Geometries Phase I Project: City Manager recommend ing acceptance of the Hempstead Safety Im- provements - Cross- , walks and Geometries Phase I Project as com- pleted by McDermott Excavating in the final contract amount of $97,070.52. Upon mo- tion the documents were received and filed and Resolution No. 126- 10 Accepting the Hempstead Safety Im- provements - Cross- walks and Geometries Project Phase I and au- thorizing payment of the contract amount to the contractor was adopted. Cooperative Traffic Paint and Pavement Markings Agreement: City Manager recom- mending approval of a new Traffic Paint and Pavement Markings Agreement between the City and County of Dubuque. Upon motion the documents were received and filed and Resolution No. 127.ID Approving Traffic Paint and Pavement Mark- ings Agreement be- tween the City of Du- buque and Dubuque County was adopted. Iowa Department of Transportation Agree- ment - Traffic Signal Upgrade: City Manager recommending appro- val to execute an Iowa Department of Trans- portation Traffic Safety Funding Agreement for a Traffic Signal Mast - arm Retrofit Project on Central Avenue at 5th and 7th Streets. Upon motion the documents were received and filed and Resolution No. 128- 10 Approving the Iowa Department of Trans- portation State Aid Funding Agreement (Agreement No. 2011- TS-029) for the Traffic Signal Mastarm Retro- fit Project, Central Ave- nue at 5th and 7th Streets was adopted. IA 32 Geometric and Signalization Improve- ments - US 20 to John F. Kennedy Road: City Manager recommend- ing approval to execute an Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) Fund- ing Agreement for the IA 32 Geometric and Signalization Improve- ments - US 20 to John F. Kennedy Road Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 129-10 Approving the Iowa De- partment of Transpor- tation Federal Aid Funding Agreement (Agreement No. 6-10- ICAAP-11) for the IA 32 Geometric and Signal- ization Improvements was adopted. IA 32 and Asbury Road Turn Lane Improve- ment Project - Agree- ment No. 6.10-STPU-06: City Manager recom- mending approval of the Iowa Department of Transportation Fed- eral Ald Funding Agreement for a Sur- face Transportation Program (Agreement No. 6-10-STPU-06) for IA 32 and Asbury Road Turn Lane Improve- ment Project. Upon motion the documents were received and filed and Resolution No. 130- 10 Approving the Iowa Department of Trans- portation Federal Aid Funding Agreement (Agreement No. 6-10- STPU-06) for the IA 32 and Asbury Road Turn Lane Improvement Project was adopted. Asbury Road and IA 32 Traffic Signal and Grading Project - Traf- fic Safety Funding Agreement: City Man- ager recommending approval of the Iowa Department of Trans- portation Traffic Safety Funding Agreement for a signal and grading project that will make improvements to the IA 32 and Asbury Road in- tersection. Upon mo- tion the documents were received and filed and Resolution No. 131- 10 Approving the Iowa Department of Trans- portation State Aid Funding Agreement Agreement No. 2009- S-017) for the Asbury Road and IA 32 Traffic t ignal and Grading o roject was adopted. I IA 32 and Asbury Road I urn Lane Improve- ment Project - Agree- s meat No. 6-10-USTEP- c 2: City Manager rec- A mmen ing approval r - the documents wer received and filed an 0 Resolution No. 133-1 a Approving the Iowa De - partment of Transpor tation Federal Al f Funding Agreemen - (Agreement No. 6.10 HBRR-09) for the Brun e skill Road Bridge Re placement Project was adopted. Bee Branch Creek Re storation Project - Pur chase of 501 / 507 Gar field Avenue: City Man ager recommending approval to establish the fair market value o 501 / 507 Garfield Ave value of $250,000 and authorize the City Man- ager to begin negotia- tions to acquire the property for the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 134- 10 Establishing the Fair Market Value of cer- tain real property owned by IBC Sales Corporation in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2263 Elm Street: City Manager recommending appro- val to establish the fair market value of 2263 Elm Street at the ap- praised value of $47,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 135-10 Establishing' the Fair Market Value of cer- tain real property owned by Robert D. and Livija Mauer in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2275 Elm Street: City Manager recommending appro- val to establish the fair market value of 2275 Elm Street at the ap- praised value of $60,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 136-10 Establishing the Fair Market Value of cer- tain real property owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2350 Elm Street: City Manager recommending appro- val to establish the fair market value of 2350 Elm Street at the ap- praised value of $27,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 137-10 Establishing the Fair Market Value of cer- tain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 2349 Elm Street: City Manager recommending appro- val to establish the fair market value of 2349 Elm Street at the ap- praised value of $57,500 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 138-10 Establishing the Fair Market Value of cer- tain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted. Bee Branch Creek Re- storation Project - Pur- chase of 500 Rhomberg Avenue: City Manager recommending appro- val to establish the fair market value of 500 Rhomberg Avenue at the appraised value of $100,000 and authorize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 139-10 Establishing the Fair Market Value of cer- a ain real property wned by PJ's Tap, LLC a n the City of Dubuque, a owa, was adopted. a Bee Branch Creek Re- t toration Project - Pur- u hase of 501 Rhomberg venue: City Manager I ecommending appro- t re tons to acquire th d property for the Be 0 Branch Creek Restora tion Project. Upon mo - tion the document d were received and file t and Resolution No. 141 10 Establishing the Pal Market Value of cer taro real propert owned by Steven an Sue A. Boelk in the Cit of Dubuque, Iowa, wa • adopted. Montrose Terrac - Stairs Reconstructio Project: City Manage recommending award f of the contract for the Montrose Terrace Stairs Reconstruction Project to Max Smith Construction in the amount of $43,871.00 Upon motion the docu- ments were received filed, and approved. FEMA Flood Plain Mapping - Consultant Selection: City Manag- er recommending ap- proval of the selection of Camp Dresser & McKee as the consul- tant to perform the necessary engineering analysis, prepare the necessary documenta- tion, and submit an ap- plication for a Letter of Map Revision (LOMR) to FEMA to revise flood hazard zones identified in the Digital Federal Insurance Rate Map (DFIRM) proposed by FEMA for the City of Dubuque. Upon motion the documents were received, filed, and ap- proved. 10th and Central Park- ing Ramp - Economic Development Adminis- tration Contract: City Manager recommend- ing approval for the Mayor to execute a Contract with the Eco- nomic Development Administration (EDA) for a $1,500,000 grant to fund a downtown parking ramp. Upon motion the documents were received and filed and Resolution No. 142- 10 Authorizing contract with U.S. Department of Commerce Econom- ic Development Admin- istration - EDA for the 10th and Central Park- ing Ramp Project was adopted. Housing Enterprise Zone Program Agree- ment - Helicon Man- agement, LLC: City Manager recommend- ing approval of a Hous- ing Enterprise Zone Program Agreement by and among the Iowa Department of Eco- nomic Development, the City of Dubuque and Helicon Manage- ment, LLC. Upon mo- tion the documents were received and filed and Resolution No. 143- 10 Approving a Hous- ing Enterprise Zone Program Agreement by and among the Iowa Department of Eco- nomic Development, the City of Dubuque and Helicon Manage- ment, LLC, was adopt- ed. Iowa Community Cul- tural Grant Application: City Manager recom- mending approval of an application to the Iowa Department of Cultural Affairs for an Iowa Community Cul- tural Grant to fund the part-time Arts and Cul- tural Affairs Coordina- tor position. Upon mo- tion the documents were received, filed, and approved. Mobile Data Termi- nals - Request for Pro- posals: City Manager recommending appro- val to issue a Request for Proposals for pro- curement of Mobile Da- ta Terminals in KeyLine mini -buses which will offer real-time dis- patching capabilities for the mini -bus opera- tion. Upon motion the documents were re- ceived, filed, and ap- proved. Consulting and Actua- rial Services Agree- ment - Gallagher Bene- fit Services: City Man- ager recommending approval of an amend- ment to the Adminis- trative Services Agree- ment with Gallagher Benefit Services for benefit consulting and actuarial services ef- fective July 1, 2010 through June 30, 2012. Upon motion the docu- t ments were received, filed, and approved. Fiscal Year 2011 De- tailed Operating Budg- et for the Five Flags r Center: City Manager recommending appro- val of the detailed Fis- cal Year 2011 operating i budget for the Five Flags Center as sub- c miffed by SMG. Upon motion the documents I were received, flied, P nd approved. n Port of Dubuque Us- i ge Policies: City Man- p ger recommending b pproval of revisions to he Port of Dubuque D sage policies effective C May 3, 2010 to only Gl- ow private rentals at t he A liant Energy Am- c e motion the document e were received an - filed. Business License Re s fund: Request of Mar d Mofo, Melo Oil Camp ny, for a refund of Bee r Permit Licens #BC0027561 for Puff y Snuff at 1101 Rhorn d berg Avenue. Upon mo y tion the document s were received, filed and the refund ap e proved. n Liquor License Appli r cations: City Manage recommending appro val of annual liquor li cense renewals as sub miffed. Upon motion the documents were received and filed and . Resolution No. 145-10 Granting the issuance , of a Class "B" Beer Per- mit (5-Day Special Event) to Diamond Jo Casino and Music N More; and a Class "C" Beer Permit to Ron's Five Point Mart, Ron's Discount Smokes, To- bacco Outlet, Wal- greens #6154, Wal- greens #9708, Casey's General Store #2420, Casey's General Store #2421, and Keywest Conoco; and Resolution No, 146-10 Granting the issuance of a Class "A" (Club) Beer/Liquor Li- cense to Dubuque Golf and Country Club; a Class "B" (Hotel/Mo- tel) Beer/Liquor Li- cense to Days Inn and Spirits Bar: a Class "C" Beer/Liquor License to Hammer Time Bar, Shenanigan's Pub, The Lift, Toffs Tap, Catfish Charlie's, and Buffalo Wild Wings; Class "C" Beer/Liquor License (5- Day Special Event) to Dubuque County Fine Arts Society; a Class "B" Wine Permit to Walgreens #6154 and Walgreens #9708; a Class "WBN" Native Wine Permit to Casey's General Store #2421, Casey's General Store #2420 and Keywest Conoco; and a Class "WCN" Native Wine Permit to Stone Cliff Winery were adopted.. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion car- ried 7-0. Bee Branch Creek Building Deconstruc- tion Project: City Man- ager recommending in- itiation of the public bidding process for the Bee Branch Creek Building Deconstruc- tion Project and that a public hearing be set for May 17, 2010 to consider approval of the plans and specifi- cations, form of con- tract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 147-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bee Branch Creek Building Deconstruc- tion Project was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on May 17, 2010 in the Historic Federal Building. Seconded by Connors. Motion car- ried 7-0. BOARDS/ COMMISSIONS Appointments to the following Boards/Com- missions: Housing Commission: One 3- year term through Au- gust 17, 2012 (Term of Plain). Applicant: Lisa McAllister, 1701 1/x Cen- tral Avenue. Motion by Connors to appoint Li- sa McAllister to the Housing Commission for a 3-year term through August I7, 2012. Seconded by Lynch. Motion carried 7-0. Mechanical Board: One 3-year term through March 16, 2013 (Term of Bandy). Appli- f cant: Ronald Billmeyer, 1745 Geraldine Drive. Motion by Jones to ap- point Ronald Billmeyer o the Mechanical Board for a 3-year term hrough March 16, 2013. Seconded by Voetberg. Motion car - led 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ng anyone present to address the City Coun- Dubuque Terminals, nc. (Newt) Leases: roof of publication on otice of public hear- ng to consider pro- ased leases with Du- uque Terminals, Inc., for the Ice Harbor and ove Harbor areas and ity Manager recom- mending approval. Mo- ion by Connors to re- eive and file the docu- s act and City Manage d recommending appro val. Motion by Connor to receive and file th k documents and adop a- Resolution No. 150-1 r Approving plans, sped e fications, form of con N tract, and estimate - cost for the Lower Be - Branch Creek Restore s tion Project. Seconde by Voetberg. Motio carried 7-0. Asbury Road and IA 3 Traffic Signal an r Grading Project: Proo - of publication on no Lice of public hearing - to consider the plan and specifications form of contract and estimated cost for the Asbury Road and IA 32 Traffic Signal and Grading Project and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 151-10 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Asbury Road and IA 32 Traffic Signal and Grading Project. Seconded by Connors. Motion car- ried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Liquor License Viola- tion Hearing - Lot One: City Manager recom- mending that a hearing be held regarding the second offense civil al- cohol compliance pen- alty violation for Lot One to determine if the alcohol compliance civ- il penalty should be as- sessed. Motion by Voetberg to receive and file the documents, approve the recom- mendation, and assess a civil penalty. Seconded by Connors. Assistant City Attorney Crenna Brumwell con- ducted the penalty hearing. After being sworn in, Corporal Steve Eastvedt, re- sponded to questions from Ms. Brumwell and the City Council. Also having been sworn in, Lot One owner Joe Zwack, 9499 Turkey Ridge, addressed the City Council and re- sponded to questions. City Council reached consensus of monetary fine and directed staff to work with Mr. Zwack regarding serv- ing the 30-day suspen- sion on non- consecutive days. Mo- tion carried 7-0. Wingate Place No. 3 - Final Plat: City Manag- er recommending ap- proval of the final plat of Wingate Place No. 3 as requested by James Gantz. Motion by Connors to receive and file the documents and adopt Resolution No. 152-10 Approving final plat of Wingate Place No. 3 in the City of Du- buque, Iowa. Seconded by Braig. Motion car- ried 7-0. Transit Management Contract Proposal: City Manager recommend- ing approval of the se- lection of ECIA for transit management services. Motion by Voetberg to receive and file the documents and adopt Resolution No. 153-10 Approving the selection of East Central Intergovern- mental Association (ECIA) for transit man- agement services and authorizing the City Manager to execute an appropriate contract for said management contract. Seconded by Resnick. Responding to questions from City Council, Economic De- velopment Director Dave Heiar stated that a joint City/ECIA com- mittee will appoint the new transportation di- rector and operations supervisor with ECIA Executive Director Kelley Hutton-Deut- meyer supervising the ECIA and City transpor- tation directors. Ms. Deutmeyer stated that RTA currently has both ull-time and part-time drivers and described several ideas for the project. Van Milligen clarified the budget funding and added that current transit employ- ees would remain City employees. Motion car- ried 7-0. Washington Street Row House Project - Io- wa Finance Authority Loan: City Manager recommending appro- val of a $250,000 loan application through the OurHome Construction Loan Program from the Iowa Finance Authority to assist with the row house project at 1765- 1795 Washington Street. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried7-0. r terminus. Motion by - Lynch to receive and s file the documents and e that the requirement t that a proposed ordi- 0 nance be considered - and voted on for pas- sage at two Council d meetings prior to the e meeting at which it is - to be passed be sus- d pended. Seconded by n Braig. Motion carried 7-0. 2 Motion by Lynch for d final consideration and f passage of Ordinance - No. 25-10 Amending City of Dubuque Code s of Ordinances § 9-7- , 321.321 Entering through Streets by adding Chavenelle Drive, from Associates Drive to the east right- of-way line of Seippel Road and from the west right-of-way line of Seippel Road to its northerly terminus; and Ordinance No. 26- 10 Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsec- tion (A) of Section § 9- 7-321.322 thereof pro- viding for the deletion of the stop sign on Fu- ture Court at Chave- nelle Drive. Seconded by Braig. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Lynch reported on the Sister City visit by a delegation from Dorn- birn, Austria, May 13- 15, adding that Dorn- birn has immigrant ties to Dubuque including ancestral connections to the Rhomberg fami- ly. Lynch invited Coun- cil Members to partici- pate in the event. CLOSED SESSION Motion by Jones at 8:20 p.m. to go into closed session regard- ing pending litigation and Property Acquisi- tion pursuant to Chap- ter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:23 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 9:24 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 5/12 STATE OF I DUBUQUE ( CER] I, Suzanne Pike, a Bi corporation, publish published in the City certify that the attach dates: May 12, 2010, Subscribed to before this /gz day Co Je Ca dis Ju do rac Gre mo we and Hi veld (HR tion om of a pile wa Sour Prog fund Spat Medi Upon men and Lion N Wog for Mines tive Timeli adopt Histo Impro (HDPIP ervatio recom val of $ is Dist provem (HDpiP Julien ment I hibit at CITY OF DUBUQUE, In erpre IOWA Upon m CITY COUNCIL ments PROCEEDINGS filed, an The Dubuque City Dubuq Council met in regular School D session at 6:30 p.m. on Meter May 3, 2010 in the His- work E tonic Federal Building. tense A Present: Mayor Buol, Manager Council Members log appr Braig, Connors, Jones, ter Mete Lynch, Resnick, Voet- work E berg, City Manager cense Ag Van Milligen, City At- tween th torney Lindahl Dubuque Mayor Buol read the School call and stated this is a placemen regular session of the merit at City Council to act Elementar upon such business Washingto that may properly School. U come before the City the docu Council. received, Pledge of Allegiance Proved. Invocation was pro- Iowa De vided by Father Gabriel Transport Anderson of St. munication Columbkille's Catholic Iowa Dep Church. Transport PROCLAMATIONS ing official Bike to Work Week that the to (May 17 - 21, 2010): ment of Tra Preservation Month Proposes (May, 2010) was ac- Pavement cepted by David acts (US 2 Klavitter and Michael US 6I) on M Knight of the Historic Upon motio Preservation Commis- ments we Sion; National Train and filed. Day (May 8, 2010) was Iowa Dep accepted byDavid Economic De Solberg, 138Tama- - Notice of hawk Drive, and Ed Lion: Commu Sheppley, 2590 St. Bob Johnson Anne Drive; Nursing Iowa Econom Home Week (May 9 - opment Boar 15, 2010) was accepted that the Boa by Mike Terrill of Dubu- to award S clue Nursing and Rehab Neighborhood and Barbara Barker of Inc. the Brow Luther Manor Retire- development ment Community; Pub- it, maximum lie Service Employee $100,000, for t Recognition Week ect in Dubuque (May 3 - 7, 2010) was Communic accepted by Ann Mary Gronen Edelman, 3887 Aurora Iowa Economi Street, and Phyllis An- opment Beard derson, 2025 Morning that the Board View Road; Amer'- to award Corps Week (May 8 - Building, LLLP 15, 2010) was accepted Grayfield Re by Michele Balek, City ment Tax Credl of Dubuque Sustain- mum credi ability Office; Compass $100,000, for th to Care Day - the Mike ect In Dubuque. and Sandy Ernsdorf Commun ic Childhood Cancer Chad Walsh fr Foundation (July 9, Iowa Economic 2010) was accepted by opment Board a Michelle Ernsdorf, Ex- that the Board i ecutive Director, Corn- to award B & C pass to Care Day. dral Developmen CONSENT ITEMS the 12% Grayfie Motion by Lynch to development Tax receive and file the it, maximum cre documents, adopt the $100,000, for the' resolutions, and dis- act in Dubuque. pose of as indicated. Communicati Seconded by Braig. Sherry Freebery Motion carried 7-0. the Iowa Econom Hans ruar—rode dams erts f age; and L damag for v Melvin cle da tion were and co 2010 - ageme Manage ing ap 2010-2 Manage Upon m moots filed, an Mys mmun sus Av sino, play ne 5, 2 n of 2 ing yhoun tion t re re appro stork. Amen DP) G : City mendin $20,5 ation orical for ce ram ( s for t n Inter a Time motto is we flied a o. 125 grant HRDP of Sp ne Ex ed. ric Dis vemen ): His n C mendi 20,270 riot P ant fund Dubuq nterpr the E tive otion t were d appr ue Co 'strict Wirele quipm greern reco ova! of r Wirel quipm reeme e City Con/ Distri t of Table y Sch n pon merits filed, a partm ation: from artme ation p notifi wa D nsport to let repair 0, low ay 18, n the d re rec artmen velop Board nicatio from is De d advi on fors ings tween ge; Williapropertyobuque or vehicle dam- Count t Interstate Power lCooaw ight for property Trans e; Diane Boge ment ehicie damage; Upgra MoSs for vehi• - recom mage. Upon mo- val to the documents Depart received, filed, portati ncurred. Fundin 2011 Deer Man- a Traff nt Plan: City arm Re r recommend- Central proval of the and 7th 011 Urban Deer motion ment Program. were re otion the docu- and Res were received, 10 Appr approved. Departm tique Casino; portatio (cation from Funding ills, Mystique (Agreem requesting to TS-029) fireworks on Signal M 010 in celebra- fit Projec 6 years of live nue at at Dubuque Streets was d Park. Upon IA 32 G he documents Signalize calved, filed, bents - ved. F. Kenne Resource De- Manager t Program irig appro rant Applica- an Iowa D Manager rec- Transport g approval Clean Air 00 grant ap- Program to the State ing Agree Society of lo- IA 32 Ge Historic Re- Signal izati Development rents - U HRDP) grant F. Kennedy he Mines of act. Upon active Multi- documents line Exhibit. calved and n the docu- Resolution re received Approving t nd Resolu- partment o -10 Author- tation Fe application Funding Funds for (Agreement ain Interac- ICAAP-11) f Multi -Media Geometric a hibit was ization Imp trict Public IIA 32as andadopted t Program Turn Lane tonic Pres- ment Projec ommission ment No. 6-1 ng appro- City Manag, in Histor- mending ap ublic Im- the Iowa D Program of Transport s for the eral Aid ue Mono- Agreement f� etive Ex- face Trans .B. Lyons Program (A Centehe docu- Ao326and Asb received, Turn Lane oved. ment Project mmunity motion the do- - Water were received ss Net- and Resolution ent Li- 10 Approving t ent: City Department o mmend- portation Fed, the Wa- Funding Ag ess Net- (Agreement N ant Li- STPU-06) for th nts be- and Asbury Ro, and the Lane Impro munity Project was ado ct for Asbury Road ae, Mound Gradic ng Project) ooi and fic Safety F, Middle Agreement; City motion ager recomm. were approval of the nd ap- Department of ent of portation Agreem Com- a signal and g at will nt the of mproot vementsto rovid- 32 and Asbury Ro cation tersection. Upon epart- tion the docu., ation were received and three and Resolution No pro). 10 Approving the a 32, Department of T 2010. portation State ocu- Funding Agree eived (Agreement No. 2 TS-017t of Road and IA 3for 2 As ment Signal and Gra Ac• Project was adopte, n to IA 32 and Asbury R the Turn Lane Impr vel- ment Project - Ag sing ment No. 6-10-UST rids 12: City Manager rec- Value .....eetrai park- Shenanigan's Pub, The amp - Economic Lift, Tott's Tap, Catfish Gement Adminis- Charlie's, and Buffalo n Contract: City wild Wings; Class "C" ger recommend- Beer/Liquor License (5- pproval for the Day Special Event) to to execute a Dubuque County Fine et with the Eco- Arts Society; a Class Development "B" Wine Permit to d a downtown Class "WBN" Native g ramp. Upon Wine Permit to Casey's the docurnents Genera/ Store #2421, ceived and filed Casey's General Store C orizing contract Conoco; and a Class h .S. Department "WCN" Native Wine s merce Econom- Permit to Stone Cliff S opment Admin- Winery were adopted.. s - EDA for the ITEMS TO BE SET FOR fr d Central Park- PUBLIC HEARING th .p Project was Motion by Lynch to h receive and file the Lo ing Enterprise documents, adopt the Z ogram Agree- resolutions, set the Ri Helicon Man- public hearings as indi- Ci recommend- City Clerk to publish Cit ovai of a Hous- notice as prescribed by co erprise Zone law. Seconded by fin Agreement by Connors. Motion car- to ng the Iowa ried 7-0. nt of Eco- Bee Branch Creek ing Zw Development, Building Deconstruc- sio of Dubuque tion Project: City Man- con Con Manage- ager recommending in- tion C. Upon mo- illation of the public W documents bidding process for the Fine ived and filed Bee Branch Creek er ing a Hous- tion Project and that a of W rprise Zone public hearing be set as r greement by for May /7, 2010 to Gant g the Iowa consider approval of Conn evelopment, cations, form of con- adop of Dubuque tract and estimated /52-1 n Manage- cost. Upon motion the plat was adopt- documents were re- No. 3 ceiveci and filed and buqu ger recom- plans, specifications, Tra pproval of form of contract and Contr ion to the estimated cast, setting Mana rtment of date of public hearing ing ap airs for an and ordering bids for lection unity Cul- the Bee Branch Creek transit s and Cul- tion Project was adopt- Voetbe Upon mo- hearing for a meeting and a ocuments to commence at 6:30 No. 15 the Historic Federal Central ta Termi- Building. Seconded by mental t for Pro- Connors. Motion car- (ECIA) Manager ried 7-0. BOARDS/ agemen authorlz Request COMMISSIONS Manage for pro- Appointments to the appropr obile Da- following 8oards/Com- for said keyLine missions: Housing contract hich will Commission: One 3- Resnick. e dis- year term through Au- question pabilities gust 17, 2012 (Term of Council, ere re- tar Avenue. Motion by a joint C and ap- Connors to appoint Li- mittee w sa McAllister to the new tran d Actua- Housing Commission rector a Agree- for a 3-year term superviso y Man- 2012. Seconded by Kelley ending Lynch. Motion carried meyer su amend- 7-0. ECLA and ciminis- Mechanical Board: tation di Agree- One 3-year term Deutmeye s for (Term of Bandy). Appli- full-time a ng and cant: Ronald Billmeyer, drivers an es ef- 1745 Geraldine Drive. several id 2010 Motion by Jones ap- project. V docu- to the Mechanical funding an eived, Board for a 3-year term current tra d. through March 16, ees would 1 De- 2013. Seconded by employees. Flags ried 7-0, Washing nager PUBLIC HEARINGS Row House ppro- Upon motion the rules wa Finance d Fis- were suspended allow- Loan: City ating ing anyone present to recommendi sub- cll. application t Upon Dubuque Terminals, OurHorne Co ents inc. (Newt) Leases: Loan Progra filed, Proof of publication on Iowa Finance notice of public hear- to assist wit Us- ing to consider pro- house projec an- posed leases with Du- 1795 ding buque Terminals, Inc., Street. Motio s to for the Ice Harbor and to receive an que Dove Harbor areas and documents tive City Manager recom- prove the re at ton by Connors to re- Voetberg. Mo m- ceive and file the docu- ried 7-0. ire ments and adopt Reso- Dubuque L to lution No. 148-10 Dis- Floodwali Cent ed posing of an interest in City Manager mit real property owned by mending app ng the City of Dubuque by the submissio o- /ease between the City One -Year Prog ts of Dubuque, Iowa and port for certifi d, Dubuque Terminals, the Dubuque le py tion (the Dove Harbor the MississiPP M Lease); and Resolution and other g No. 149-10 Disposing of documents to t an interest in real eral Emergenc u- property owned by the agement Agen d City of Dubuque by tion by Connor lease between the City ceive and file th - of Dubuque, Iowa and ments and appr r Dubuque Terminals, recom menda - Inc., an Iowa Corpora- Seconded by Vo e tion (the Ice Harbor Motion carried 7 - Lease). Seconded by Designation of Voetberg. Motion car- nelle Drive as T tied 7-0. Street: City M Lower Bee Branch recommending act: Proof of publica- designated as tion on notice of public "through street" hearing to consider the Associates Drive plans and specifica- east right-of-way tions, form of contract of Seippel Road and estimated cost for from the west rig the Lower Bee Branch way line of Se Creek Restoration Proj- Road to its nort eill regarding birn has immigrant ties second offense civil al- to Dubuque including cohol compliance pen- ancestral connections Subscr alty violation for Lot to the Rhomberg fami- One to determine if the Lynch invited Coun- thIS alcohol compliance civ- cil Members to partici- il penalty should be as- pate in the event. sessed. Motion by CLOSED SESSION Voetberg to receive Motion by Jones at and file the documents. 8:20 p.m. to go into approve the recom- closed session regard- mendation, and assess ing pending litigation a civil penalty. and Property Acquisi- Seconded by Connors. tion pursuant to Chap - Assistant City Attorney ter 21.5(1)(c)(1) of the renna Brumweli con- Code of Iowa. ucted the penalty Seconded by Resnick. earing. After being Motion carried 7-0. worn in, Corporal Upon motion the City teve Eastvedt, re- Council reconvened in ponded to questions open session at 9:23 om Ms. Brumweil and p.m. stating that staff e City Council. Also had been given proper eying been sworn in, direction. t One owner Joe There being no fur- wack, 9499 Turkey ther business, upon dge, addressed the motion the City Council ty Council and re- adjourned at 9:24 p.m. onded to questions. /s/Jeanne F. Schneider, y Council reached CMC, City Clerk nsensus of monetary it 5/12 e and directed staff --- work with Mr. ack regarding serv- the 30-day suspen- carried 7-0. frigate Place No. 3 - I Plat: City Manag- recommending ap- e) of the final plat ingate Place No. 3 equested by James z. Motion by ors to receive and he documents and t Resolution No. 0 Approving final of Wingate Place in the City of Du- e, Iowa. Seconded raig. Motion car- -0. nsit Management act Proposal: City ger recommend- proval of the se - of ECIA for management es. Motion by rg to receive e the documents dopt Resolution 3-10 Approving iection of East intergovern- Association for transit man- t services and ing the City r to execute art iate contract management . Seconded by Responding to s from City Economic De- nt Director ar stated that ity/ECIA cam - ill appoint the sportation di- nd operations Director pervising the City transpar- rectors. Ms. r stated that ntly has both ed part-time d described eas for the an Maligen he budget d added that nsit employ - remain City Motion car- ton Street Project - lo- Authority Manager ng appro- 0,000 loan hrough the nstruction m from the Authority h the row t at 1765- n by Jones d file the and ap- commen- nded by tion car- evee and ification: recom- naval of n of the ress Re - cation of vee and m along i River, related he Fed- y Man_ cy. Mo- ove the tion. etberg. Chave- hrough anager that e be a from to the line and ht-of- heriy