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
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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
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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