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Proof of Publication_City Council Proceedings 8 2 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg (Via Conference Phone), City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Wav Camoaian were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Stephanie Schadl for personal injury/property dam- age; Erin Fitzsimmons for vehicle damage; Tom Juergens for per- sonal injury; Gayle Walter for personal in- jury; Jennifer Bries for vehicle damage; Neil Pitman for property damage Upon motion the documents were re- ceived, filed and con- curred. First Half of 2010 Weed Assessments: City Manager recom- mending approval of the levy of special as- sessments for the first half of the 2010 Weed Enforcement Program in the total amount of $1,372.15. Upon motion the documents were received and filed and Resolution No. 279 -10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assess- ments to the County Treasurer and to pub- lish notice thereof was adopted. Highway 61 / 151 South Water Main Ex- tension Project: City Manager recommend- ing acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the fi- nal contract amount of $117,084.26. Upon mo- tion the documents were received and filed and Resolution No. 280- 10 Accepting the High- way 61 / 151 South Wa- ter Main Extension project and authorizing payment of the con- tract amount to the contractor was adoped. Friends of the Mines of Spain Historic Dis- trict Public Improve- ment Program (HDPIP) Request: Historic Pres- ervation Commission recommending appro- val of $25,000 in Histor- ic District Public Im- provement Program (HDPIP) funds for the Junkermann Farm and amount of $970,792.42. Upon motion the docu- ments were received and filed and Resolu- tion No. 282 -10 Award- ing public improve- ment contract for the US 52 Traffic Flow En- hancement Project was adopted. Central Avenue Water Main (21st to 32nd Street) Project: City Manager recommend- ing approval of the award of the contract for the Central Avenue Water Main (21st to 32nd Street) Project to Drew Cook & Sons Ex- cavating Co. Inc., in the amount of $492,512.00. Upon motion the docu- ments were received and filed and Resolu- tion No. 283 -10 Award- ing public improve- ment contract for the Central Avenue Water Main (21st to 32nd Street) Project was adopted. Bus Wrap Advertising: City Manager recom- mending that all of the responses to the Re- quest for Proposals for bus wrap advertising be rejected and that a local plan be imple- mented. Upon motion the documents were received, filed, and ap- proved. Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds: City Manager recommending appro- val to advertise the sale of $5,700,000 Wa- ter Revenue Bonds and approve electronic bid- ding procedures and the form of notice of sale. Upon motion the documents were re- ceived and filed and Resolution No. 284 -10 Directing the adver- tisement for sale of $5,700,000 Water Reve- nue Bonds was adopt- ed. Request for Proposals - Structural Modifica- tions to Floodwall Lev- ee: City Manager rec- ommending approval of the issuance of a Re- quest for Proposals for structural analysis of the Dubuque levee and floodwall system in ac- cordance with the lev- ee certification re- quirements of the Na- tional Flood Insurance Program regulations. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - Hwy 151 & 61 Devel- opment, LLC and SB notice as prescribed by law. Seconded by Braig. Motion carried 7 -0. 73 CHS Forward, LLC - Development Agree- ment: City Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agree- ment with 73 CHS For- wards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. Upon motion the documents were received and filed and Resolution No. 288-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the ex- ecution of a Develop- ment Agreement relat- ing thereto with 73 CHS Forwards, LLC, and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. Southwest Arterial Project: North Cascade Road Reconstruction: City Manager recom- mending that a public hearing be set for Au- gust 16, 2010 on the North Cascade Road Reconstruction Project (Phase I of the South- west Arterial Project). Upon motion the docu- ments were received and filed and Resolu- tion No. 289 -10 Setting date of public hearing on plans, specifica- tions, form of contract and estimated cost for the Southwest Arterial Project: North Cascade Road Reconstruction was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. BOARDS /COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards /Com- missions: Historic Pres- ervation Commission: One 3 -year term through July 1, 2013, (Term of Whalen) West 11th Street Historic Preservation District resident requirement. Applicant: Dr. John Whalen, 1105 Highland responsibility for the referenced retaining wall and portion of Cox Street. Pat Crahan, Uni- versity of Dubuque Fi- nance Committee Chair; Chamber of Commerce President Molly Grover; Greater Dubuque Development Director Rick Dickin- son; Derek Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirk- wood Street; and Ben- nett Cook, 1395 Alta Vista Street, spoke in support of the proposal citing its economic im- pact, community bene- fits, and the coopera- tion of Loras College. Tom Hoelscher, 780 An- gella Street, Giles Ede, 590 W. 17th Street; Joanne Jaeger, 725 An- gella Street; Beverly Bettcher, 669 W. 16th; and Steve HalfhilI, 1785 Alta Vista Street, spoke in opposition to the proposal citing difficult winter access involving snow and ice removal, limited emergency ve- hicle access, limited parking, driver and pe- destrian safety issues, and bus traffic. Mr. Collins provided a re- buttal related to the traffic study, street up- grade costs, retaining wall liability, student behavior, and addition- al concessions. Re- sponding to questions from City Council, City Manager Van Milligen stated that the pro- posed street improve- ment projects in the area are currently not assessable projects. Following City Council discussion, Resnick moved to amend the original motion with- holding the sale and closing of Cox Street until Priority #1 street projects as recom- mended by the City En- gineer are completed. Motion failed for lack of a second. Original motion carried 7 -0. Dubuque County His- torical Society Lease for Mississippi Plaza Property: Proof of pub- lication on notice of public hearing to con- sider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississip- pi River Museum and Aquarium and the new National River Center and City Manager rec- ommending that this item be tabled to Au- w SE CI m lu c; tr R P1 2I rE 0 cl R P N St tC sE tion Project. Seconded by Connors. Braig read a short summary of the project's history. Mo- tion carried 7 -0. Trash and Ash Cans on Public Right -of- Way: City Manager recommending appro- val of general guide- lines for ash and trash cans placed on public right -of -way. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Connors questioned the number of cans required vs. the number of building en- trances. Lynch op- posed the measure stating it should not be forced upon business owners. Voetberg stat- ed it's a solution to a non - existent problem. Resnick questioned the safety of possibly com- bining ash and trash. Van Milligen stated that the guidelines would regulate the public right -of -way and not private business property. City Engineer Gus Psihoyos stated that compliance would be complaint driven and that the standards would be enforced through the Engineer- ing Department. Mo- tion failed 3 -4 with Voetberg, Braig, Buol and Lynch voting nay. Repeal of Cell Phone Ordinance: City Man- ager recommending that the cell phone or- dinance be repealed due to the adoption of State legislation on texting and cell phone use. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two 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: August 11, 2010, and for which the charge is $306.86. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 16 day of CL1_ . J , 20 (O . o tary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 y e ct e 0 of the City of Asbury voluntary annexation including non -consent- ing owners within the urban area of the City of Dubuque. Upon mo- tion the documents were received and filed. Office of the City As- sessor: Communication from Richard A. Engelken, City Asses- sor, advising that the Board of Review has one appeal before the Property Assessment Appeal Boards in Des Moines and four ap- peals before the Iowa District Court. Upon motion the document was received and filed. Quarterly Investment Report: City Manager transmitting the June 30, 2010 Quarterly In- vestment Report. Upon motion the documents were received and filed. Iowa Department of Transportation - Local Road Detour Agree- ment: City Manager recommending appro- val for the Mayor to ex- ecute an agreement with the Iowa Depart- ment of Transportation for the use of local roads as an authorized detour route for the Central Avenue (21st - 32nd Street) Water Main Project. Upon mo- tion the documents were received and filed and Resolution No. 287- 10 Approving the Iowa Department of Trans- portation Agreement for use of local agency roads as detours for the Central Avenue (US 52) Water Main Project was 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 Braig. Motion carried 7-0. 73 CHS Forward, LLC - Development Agree- ment: City Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agree- ment with 73 CHS For- wards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. Upon motion yth-Q..�IAV7, lPJRatP..Jel�c^ the possible vacation of Cox Street. Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and Carol Nestby in op- position to the pro- posed closing of Cox Street. Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the vacating and disposal of a portion of Cox Streit to Loras College. Communication from James E. Collins, Presi- dent - Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in op- position to the vacat- ing and sale of a por- tion of Cox Street to Loras College. Communications from Anne Callan Vaassen, 611 W 17th Street; Travis Fishnick, 615 An- gella Street; and Julie Lembke, 611 W. 17th Street. Motion by Connors to receive and file the documents and adopt Resolution No. 290-10 Approving the plat of proposed vacated por- tion of Cox Street from Loras Boulevard to West 17th Street, Reso- lution No. 291-10 Va- cating a portion of Cox Street from Loras Bou- levard to West 17th Street, and Resolution No. 292-10 Disposing of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubu- que County, Iowa. Seconded by Braig. Loras College Presi- dent Jim Collins spoke in support of the peti- tion citing the econom- ic and community ben- efits of the proposal and provided addition- al conceptual render- ings. Mr. Collins stated there would be no City responsibility for the referenced retaining wall and portion of Cox Street. Pat Crahan, Uni- versity of Dubuque Fi- nance Committee Chair; Chamber of Commerce President Molly Grover; Greater Dubuque Development Director Rick Dickin- son; Derek Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirk- wood Street; and Ben- nett Cook, 1395 Alta Vista Street, spoke in support of the proposal Ar..ocr..y.mio ire General Obligation Bonds, Series 2010A; Resolution No. 295-10 Directing sale of Taxa- ble General Obligation Urban Renewal Bonds, Series 2010B; Resolu- tion No. 296-10 Direct- ing sale of General Ob- ligation Urban Renewal Bonds, Series 2010C; and Resolution No. 297- 10 Authorizing the re- demption of the out- standing General Obli- gation Bonds, Series 2002B, dated March 1, 2002, of the City of Du- buque, Iowa, and di- recting Notice of Re- demption. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7-0. Sunset Ridge Recon- struction Project - Mo- tion to .Reconsider: Council Member Braig requesting that the Ju- ly 19, 2010 vote on the motion to approve the Sunset Ridge Recon- struction Project be re- considered. Motion by Braig to receive and file the documents and reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0. Sunset Ridge Recon- struction Project: Com- munication from Steve Conlon, 655 Sunset Ridge, advising that the majority of resi- dents of Sunset Ridge would like to rescind their opposition to sidewalk installation and request that the City Council approve the Sunset Ridge Re- construction Project. Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of side- walks. City Manager recom- mending approval of the Sunset Ridge Re- constuction Project w sc cc m lu P' ci tr a R Pi 2! rc 01 ci R P sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion car- ried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 46-10 Amending City of Dubuque •Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Build- ing Codes, Article E Fire Code and Regula- tions by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the Interna- tional Fire Code, 2009 Edition, as adopted, and provides for en- forcement, addresses emergent situations, and provides discretion to the Fire Chief. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol reported that he had received many great comments from ; RAGBRAI visitors and participants. Resnick thanked Du- buque citizens for the good reception provid- ed to RABGRAI partici- pants. Jones acknowledged the work of City staff on this year's RAGBRAI. Braig acknowledged the Boy Scouts in at- tendance. Voetberg reported that the get -well cards and letters he has re- ceived are greatly ap- preciated. PUBLIC INPUT Phil French, 1025 Rockdale Road, ex- pressed his comments and suggestions re- garding public safety including police walk- ing the streets, 24-hour park patrol, encourage 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: August 11, 2010, and for which the charge is $306.86. Pc Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 1(0 day of Q.c c.o�,� , 20 ( 0 ?c, tary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg (Via Conference Phone), City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Way Campaign Time (August 2010) was accepted by Cam- paign Co -Chair Judy Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 5/25, 6/10 and 6/16; City Council of 7/19; Library Board of Trustees of were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Stephanie Schadl for personal injury/property dam- age; Erin Fitzsimmons for vehicle damage; Tom Juergens for per- sonal injury; Gayle Walter for personal in- jury; Jennifer Bries for vehicle damage; Neil Pitman for property damage Upon motion the documents were re- ceived, filed and con- curred. First Half of 2010 Weed Assessments: City Manager recom- mending approval of the levy of special as- sessments for the first half of the 2010 Weed Enforcement Program in the total amount of $1,372.15. Upon motion the documents were received and filed and Resolution No. 279-10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assess- ments to the County Treasurer and to pub- lish notice thereof was adopted. Highway 61 / 151 South Water Main Ex- tension Project: City Manager recommend- ing acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the fi- nal contract amount of $117,084.26. Upon mo- tion the documents were received and filed and Resolution No. 280- 10 Accepting the High- way 61 / 151 South Wa- ter Main Extension project and authorizing payment of the con- tract amount to the contractor was adoped. Friends of the Mines of Spain Historic Dis- trict Public Improve- ment Program (HDPIP) Request: Historic Pres- ervation Commission recommending appro- val of $25,000 in Histor- ic District Public Im- provement Program (HDPIP) funds for the Junkermann Farm and Meskwaki Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Pro- gram. Upon motion the documents were re- 'ceived, filed, and ap- proved. Operation: New View: Communication from Tom Stovall, Operation: New View, thanking the City Council for their support of the $18,805 Purchase of Service contract. Upon motion the document was received and filed. Novell Multi -Year Support Agreement: City Manager recom- mending approval of a three-year Novell soft- ware licensing and support agreement as proposed by Arrow En- terprise Comoutina amount of $970,792.42. Upon motion the docu- ments were received and filed and Resolu- tion No. 282-10 Award- ing public improve- ment contract for the US 52 Traffic Flow En- hancement Project was adopted. Central Avenue Water Main (21st to 32nd Street). Project: City Manager recommend- ing approval of the award of the contract for the Central Avenue Water Main (21st to 32nd Street) Project to Drew Cook & Sons Ex- cavating Co. Inc., in the amount of $492,512.00. Upon motion the docu- ments were received and filed and Resolu- tion No. 283-10 Award- ing public improve- ment contract for the Central Avenue Water Main (21st to 32nd Street) Project was adopted. Bus Wrap Advertising: City Manager recom- mending that all of the responses to the Re- quest for Proposals for bus wrap advertising be rejected and that a local plan be imple- mented. Upon motion the documents were received, filed, and ap- proved. Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds: City Manager recommending appro- val to advertise the sale of $5,700,000 Wa- ter Revenue Bonds and approve electronic bid- ding procedures and the form of notice of sale. Upon motion the documents were re- ceived and filed and Resolution No. 284-10 Directing the adver- tisement for sale of $5,700,000 Water Reve- nue Bonds was adopt- ed. Request for Proposals - Structural Modifica- tions to Floodwall Lev- ee: City Manager rec- ommending approval of the issuance of a Re- quest for Proposals for structural analysis of the Dubuque levee and floodwall system in ac- cordance with the lev- ee certification re- quirements of the Na- tional Flood Insurance Program regulations. Upon motion the docu- ments were received, filed, and approved. Purchase of Property - Hwy 151 & 61 Devel- opment, LLC and SB Development, LLC: City Manager recommend- ing acceptance of the Warranty Deeds from Hwy 151 & 61 Develop- ment, LLC and SB De- velopment, LLC for ac- quisition of right-of- way for the Bee Branch Creek Sewer Project. Upon motion the docu- ments were received and filed and Resolu- tion No. 285-10 Accept- ing the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC, were adopted. Dubuque 2.0: Commu- nication from Justin notice as prescribed by law. Seconded by Braig. Motion carried 7-0. 73 CHS Forward, LLC - Development Agree- ment: City. Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agree- ment with 73 CHS For- wards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. Upon motion the documents were received and filed and Resolution No. 288-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the ex- ecution of a Develop- ment Agreement relat- ing thereto with 73 CHS Forwards, LLC, and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. Southwest Arterial Project: North Cascade Road Reconstruction: City Manager recom- mending that a public hearing be set for Au- gust 16, 2010 on the North Cascade Road Reconstruction Project (Phase I of the South- west Arterial Project). Upon motion the docu- ments were received and filed and Resolu- tion No. 289-10 Setting date of public hearing on plans, specifica- tions, form of contract and estimated cost for the Southwest Arterial Project: North Cascade Road Reconstruction was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Historic Pres- ervation Commission: One 3-year term through July 1, 2013, (Term of Whalen) West llth Street Historic Preservation District resident requirement. Applicant: Dr. John Whalen, 1105 Highland Place. Dr. Wahlen spoke in support of his appointment. Appointments to the following Boards/Com- missions: Housing Commission: Three 3-year terms through August 17, 2013"(Termsof Eddy, Root and Schwendin- ger). Applicants: Bar- bara Fischer, 617 Lin- coln Avenue; Judy Root, 1008 Walnut Street; and Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Motion by Braig to ap- point Judy Root and Dorothy Schwendinger to the Housing Com- mission for 3-year terms through August 17, 2013. Seconded by Jones. Motion carried 7-1_ Mc Ficrhar wac responsibility for the referenced retaining wall and portion of Cox Street. Pat Crahan, Uni- versity of Dubuque Fi- nance Committee Chair; Chamber of Commerce President Molly Grover; Greater Dubuque Development Director Rick Dickin- son; Derek Oberding, 1950 Lagen Street; Dave Bunting, 903 Kirk- wood Street; and Ben- nett Cook, 1395 Alta Vista Street, spoke in support of the proposal citing its economic im- pact, community bene- fits, and the coopera- tion of Loras College. Tom Hoelscher, 780 An- gella Street, Giles Ede, 590 W. 17th Street; Joanne Jaeger, 725 An- gella Street; Beverly Bettcher, 669 W. 16th; and Steve Halfhill, 1785 Alta Vista Street, spoke in opposition to the proposal citing difficult winter access involving snow and ice removal, limited emergency ve- hicle access, limited parking, driver and pe- destrian safety issues, and bus. traffic. Mr. Collins provided a re- buttal related to the traffic study, street up- grade costs, retaining wall liability, student behavior, and addition- al concessions. Re- sponding to questions from City Council, City Manager Van Milligen stated that the pro- posed street improve- ment projects in the area are currently not assessable projects. Following City Council discussion, Resnick moved to amend the original motion with- holding the sale and closing of Cox Street until Priority #1 street projects as recom- mended by the City En- gineer are completed. Motion failed for lack of a second. Original motion carried 7-0. Dubuque County His- torical Society Lease for Mississippi Plaza Property: Proof of pub- lication on notice of public hearing to con- sider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississip- pi River Museum and Aquarium and the new National River Center and City Manager rec- ommending that this item be tabled to Au- gust 16, 2010 upon completion of the pub- lic hearing. Motion by Jones to receive and file the documents and table to August 16, 2010. Seconded by Braig. Dubuque County Historical Society Exec- utive Director Jerry Enzler spoke in support • of the request and cit- ing the need for im- provements and the significant investment by the DCHS. Motion carried 7-0. Sewer Revenue Capi- tal Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $65,000,000 Sewer Rev- enue Capital Loan Notes and City Manag- er narnmmanriinn an- with'a revised project schedule. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 298-10 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Sunset Ridge Reconstruction Project, Resolution No. 299-10 Resolution with respect to the adoption of the Resolution of Ne- cessity for the Sunset Ridge Reconstruction Project, and Resolution No. 300-10 Approving schedule of assess- ments and estimate of total cost for the Sun- set Ridge Reconstruc- tion Project. Seconded by Connors. Braig read a short summary of the project's history. Mo- tion carried 7-0. Trash and Ash Cans on Public Right -of - Way: City Manager recommending appro- val of general guide- lines for ash and trash cans placed on public right-of-way. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Connors questioned the number of cans required vs. the number of building en- trances. Lynch op- posed the measure stating it should not be forced upon business owners. Voetberg stat- ed it's a solution to a non-existent problem. Resnick questioned the safety of possibly com- bining ash and trash. Van Milligen stated that the guidelines would regulate the public right-of-way and not private business property. City Engineer Gus Psihoyos stated that compliance would be complaint driven and that the standards would be enforced through the Engineer- ing Department. Mo- tion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay. Repeal of Cell Phone Ordinance: City Man- ager recommending that the cell phone or- dinance be repealed due to the adoption of State legislation on texting and cell phone use. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Resnick. Motion carried 6-1 with Buol voting nay. Motion by Jones for fi- nal consideration and passage of Ordinance No. 45-10 Repealing Or- dinance No. 11-10 Pro- hibiting the Use of an Electronic Communica- tions Device While Op- erating a Motor Vehi- cle. Seconded by Res- nick. Buol stated he be- lieved the City's Ord- nance was appropri- ate. Motion carried 6-1 with Buol voting nay. Fiscal Year 2011 Du- buque County REAP Plan: City Manager rec- ommending approval of thn ('itv of people to stick togeth- er and get to know their neighbors, in- creased diversity on the Police Department, loud music, drug para- phernalia found near schools, offensive pub- lic appearance of citi- zens, people and police are afraid to walk downtown, and be- lieves taxpayers are not represented and are frustrated. There being no fur- ther business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 8/11 DF IOWA {SS: UE 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: August 11, 2010, and for which the charge is $306.86. S P� Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ((o day of ack.e v, - , 20 ( tary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 2, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg (Via Conference Phone), City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Way Campaign Time (August 2010) was accepted by Cam- paign Co -Chair Judy Wolf; Responsible Gaming Education Week (August 2-6, 2010) was accepted by Joey Anderson from the Mystique Casino and Scott Cooper from the Diamond Jo Casino. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Lynch. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 5/25, 6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preser- vation Commission of 7/15; Housing Commis- sion of 5/25 Library Board of Trustees Update from the Meeting of July 22, 2010 Proof of publication of City Council Proceed- ings of July 6, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Thomas J. Juer- gens for personal in- jury; Erin Fitzsimmons for vehicle damage; Gayle Walter for per- sonal injury; Karen L. Candee for property damage; Jennifer Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehi- cle damage; Neil and Beth Pitman for prop- erty damage; Dan and Lori Dolphin for proper- ty damage; Dorothy L. Lester vs. City of Dubu- que, an Iowa Municipal Corporation. Upon mo- tion the documents nray 61 / 151 South Water Main Ex- tension Project: City Manager recommend- ing acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the fi- nal contract amount of $117,084.26. Upon mo- tion the documents were received and filed and Resolution No. 280- 10 Accepting the High- way 61 / 151 South Wa- ter Main Extension project and authorizing payment of the con- tract amount to the contractor was adoped. Friends of the Mines of Spain Historic Dis- trict Public Improve- ment Program (HDPIP) Request: Historic Pres- ervation Commission recommending appro- val of $25,000 in Histor- ic District Public Im- provement Program (HDPIP) funds for the Junkermann Farm and Meskwaki Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Pro- gram. Upon motion the documents were re- *ceived, filed, and ap- proved. Operation: New View: Communication from Tom Stovall, Operation: New View, thanking the City Council for their support of the $18,805 Purchase of Service contract. Upon motion the document was received and filed. Novell Multi -Year Support Agreement: City Manager recom- mending approval of a three-year Novell soft- ware licensing and support agreement as proposed by Arrow En- terprise Computing Solutions, Inc. Upon motion the documents were received, filed, and approved. IA 32 and Asbury Road Turn Lane Improve- ments Project: City Manager recommend- ing approval of the award of the contract for the IA 32 and As- bury Road Turn Lane Improvements Project to Eastern Iowa Exca- vating and Concrete, LLC, in the amount of $410,312.15. Upon mo- tion the documents were received and filed and Resolution No. 281- 10 Awarding public im- provement contract for the IA 32 and Asbury Road Turn Lane Im- provements Project was adopted. US 52 Traffic Flow En- hancement Project: City Manager recom- mending approval of the award of the con- tract for the US 52 Traf- fic Flow Enhancement Project to Portzen Con- struction, Inc., in the sale of $5,700,000 Wa ter Revenue Bonds an approve electronic bid ding procedures an the form of notice o sale. Upon motion th documents were re ceived and filed an Resdlution No. 284-1 Directing the adver tisement for sale o $5,700,000 Water Reve nue Bonds was adopt ed. Request for Proposal - Structural Modifica tions to Floodwall Lev ee: City Manager rec ommending approva of the issuance of a Re quest for Proposals fo structural analysis o the Dubuque levee and floodwall system in ac cordance with the lev ee certification re quirements of the Na tional Flood Insurance Program regulations Upon motion the docu ments were received filed, and approved. Purchase of Property - Hwy 151 & 61 Devel opment, LLC and SB Development, LLC: City Manager recommend- ing acceptance of the Warranty Deeds from Hwy 151 & 61 Develop- ment, LLC and SB De- velopment, LLC for ac- quisition of right-of- way for the Bee Branch Creek Sewer Project. Upon motion the docu- ments were received and filed and Resolu- tion No. 285-10 Accept- ing the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC, were adopted. Dubuque 2.0: Commu- nication from Justin Thiltgen, Director - Du- buque 2.0, providing an update on Dubuque 2.0. Upon motion the docu- ment was received and filed. Federal Transit Ad- ministration: City At- torney providing the requisite opinion of counsel for the benefit of the Federal Transit Administration in con- nection with the appli- cation of the City for Federal transportation assistance. Upon mo- tion the document was received and filed. Federal Emergency Management Agency (FEMA): Communica- tion from Senator Charles Grassley thanking the City for providing his staff with an update on the sta- tus of the work with the Federal Emergency Management Agency (FEMA) regarding the City's preliminary flood plain map. Upon mo- tion the document was received and filed. City Development Board: Communication from the City Develop- ment Board providing notice of meeting to re- consider voluntary an- nexation in the matter of the City of Asbury voluntary annexation including non -consent- ing owners within the urban area of the City of Dubuque. Upon mo- tion the documents were received and filed. Office of the City As- sessor: Communication from Richard A. Engelken, City Asses- sor, advising that the Board of Review has one appeal before the Property Assessment Appeal Boards in Des Moines and four ap- peals before the Iowa District Court. Upon motion the document was received and filed. Quarterly Investment Report: City Manager transmitting the June 30, 2010 Quarterly In- vestment Report. Upon motion the documents were received and filed. Iowa Department of Transportation - Local Road Detour Agree- ment: City Manager recommending appro- val for the Mayor to ex- ecute an agreement with the Iowa Depart- ment of Transportation for the use of local roads as an authorized detour route for the Central Avenue (21st - 32nd Street) Water Main Project. Upon mo- tion the documents were received and filed and Resolution No. 287- 10 Approving the Iowa Department of Trans- portation Agreement for use of local agency roads as detours for the Central Avenue (US 52) Water Main Project was 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 - (Nnase 1 of the soun- d west Arterial Project). - Upon motion the docu- d ments were received f and filed and Resolu- e tion No. 289-10 Setting date of public hearing d on plans, specifica- 0 tions, form of contract - and estimated cost for f the Southwest Arterial - Project: North Cascade - Road Reconstruction was adopted setting a s public hearing for a - meeting to commence - at 6:30 p.m. on August - 16, 2010 in the Historic I Federal Building. - BOARDS/COMMISSIONS r Applicants were invit- f ed to address the City Council regarding their - desire to serve on the - following Boards/Com- - missions: Historic Pres- - ervation Commission: One 3-year term . through July 1, 2013, (Term of Whalen) West , llth Street Historic Preservation District resident requirement. - Applicant:. Dr. John Whalen, 1105 Highland Place. Dr. Wahlen spoke in support of his appointment. Appointments to the following Boards/Com- missions: Housing Commission: Three 3-year terms through August 17, 2013 '(Terms of Eddy, Root and Schwendin- ger). Applicants: Bar- bara Fischer, 617 Lin- coln Avenue; Judy Root, 1008 Walnut Street; and Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Motion by Braig to ap- point Judy Root and Dorothy Schwendinger to the Housing Com- mission for 3-year terms through August 17, 2013. Seconded by Jones. Motion carried 7-0. Ms. Fischer was not appointed. Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Crois- sant). One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Schar- nau, 2905 Wilderness Drive; and Lu Ann Schmidt, 3395 Jackson Street. Motion by Jones to appoint Ruth Schar- nau to a 3-year term through July 30, 2013 and Lu Ann Schmidt to a 3-year term through July 30, 2011. Seconded by Resnick. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Vacating Petition - Portion of Cox Street: Proof of publication on notice of public hear- ing to consider a re- quest from Loras Col- lege President Jim Col- lins to vacate and pur- chase a portion of Cox Street and City Manag- er recommending ap- proval. City Manager provid- ing follow-up to the questions asked about the possible vacation of Cox Street. Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and Carol Nestby in op- position to the pro- posed closing of Cox Street. Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the vacating and disposal of a portion of Cox Street to Loras College. Communication from James E. Collins, Presi- dent - Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in op- position to the vacat- ing and sale of a por- tion of Cox Street to Loras College. Communications from Anne Callan Vaassen, 611 W 17th Street; Travis Fishnick, 615 An- gella Street; and Julie Lembke, 611 W. 17th Street. Motion by Connors to receive and file the documents and adopt Resolution No. 290-10 Approving the plat of proposed vacated por- tion of Cox Street from Loras Boulevard to West 17th Street, Reso- lution No. 291-10 Va- cating a portion of Cox Street from Loras Bou- levard to West 17th Street, and Resolution No. 292-10 Disposing of City interest in Lot lA of City Lot 741 in the City of Dubuque, Dubu- que County, Iowa. Seconded by Braig. Loras College Presi- dent Jim Collins spoke in support of the peti- tion citing the econom- ic and community ben- efits of the proposal and provided addition- al conceptual render- ings. Mr. Collins stated there would be no City posed street improve- ment projects in the area are currently not assessable projects. Following City Council discussion, Resnick moved to amend the original motion with- holding the sale and closing of Cox Street until Priority #1 street projects as recom- mended by the City En- gineer are completed. Motion failed for lack of a second. Original motion carried 7-0. Dubuque County His- torical Society Lease for Mississippi Plaza Property: Proof of pub- lication on notice of public hearing to con- sider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississip- pi River Museum and Aquarium and the new National River Center and City Manager rec- ommending that this item be tabled to Au- gust 16, 2010 upon completion of the pub- lic hearing. Motion by Jones to receive and file the documents and table to August 16, 2010. Seconded by Braig. Dubuque County Historical Society Exec- utive Director Jerry Enzler spoke in support of the request and cit- ing the need for im- provements and the significant investment by the DCHS. Motion carried 7-0. Sewer Revenue Capi- tal Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $65,000,000 Sewer Rev- enue Capital Loan Notes and City Manag- er recommending ap- proval. Motion by Connors to receive and file the documents and adopt Resolution No. 293-10 Instituting pro- ceedings to take addi- tional action for the au- thorization of a Loan and Disbursement Agreement and the is- suance of not to ex- ceed $65,000,000 Sewer Revenue Capital Loan Notes. Seconded by Jones. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Sale of General Obli- gation Bonds: City Manager advising that the results of the sale of $4,470,000 General Obligation Bonds, Ser- ies 2010A; $2,675,000 Taxable General Obli- gation Urban Renewal Bonds, Series 2010B; and $2,825,000 General Obligation Urban Re- newal Bonds, Series 2010C will be brought to the August 2, 2010 City Council meeting for approval. Motion by Jones to receive and file the documents and adopt Resolution No. 294-10 Directing sale of General Obligation Bonds, Series 2010A; Resolution No. 295-10 Directing sale of Taxa- ble General Obligation Urban Renewal Bonds, Series 2010B; Resolu- tion No. 296-10 Direct- ing sale of General Ob- ligation Urban Renewal Bonds, Series 2010C; and Resolution No. 297- 10 Authorizing the re- demption of the out- standing General Obli- gation Bonds, Series 2002B, dated March 1, 2002, of the City of Du- buque, Iowa, and di- recting Notice of Re- demption. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7-0. Sunset Ridge Recon- struction Project - Mo- tion to • Reconsider: Council Member Braig requesting that the Ju- ly 19, 2010 vote on the motion to approve the Sunset Ridge Recon- struction Project be re- considered. Motion by Braig to receive and file the documents and reconsider the Sunset Ridge Reconstruction Project. Seconded by Lynch. Motion carried 7-0. Sunset Ridge Recon- struction Project: Com- munication from Steve Conlon, 655 Sunset Ridge, advising that the majority of resi- dents of Sunset Ridge would like to rescind their opposition to sidewalk installation and request that the City Council approve the Sunset Ridge Re- construction Project. Communication from Jeff Eddy, 565 Sunset Ridge, in objection to the installation of side- walks. City Manager recom- mending approval of the Sunset Ridge Re- construction Project non-existent problem. Resnick questioned the safety of possibly com- bining ash and trash. Van Milligen stated that the guidelines would regulate the public right-of-way and not private business property. City Engineer Gus Psihoyos stated that compliance would be complaint driven and that the standards would be enforced through the Engineer- ing Department. Mo- tion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay. Repeal of Cell Phone Ordinance: City Man- ager recommending that the cell phone or- dinance be repealed due to the adoption of State legislation on texting and cell phone use. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Resnick. Motion carried 6-1 with Buol voting nay. Motion by Jones for fi- nal consideration and passage of Ordinance • No. 45-10 Repealing Or- dinance No. 11-10 Pro- hibiting the Use of an Electronic Communica- tions Device While Op- erating a Motor Vehi- cle. Seconded by Res- nick. Buol stated he be- lieved the City's Ord- nance was appropri- ate. Motion carried 6-1 with Buol voting nay. Fiscal Year 2011 Du- buque County REAP Plan: City Manager rec- ommending approval of the City of Dubu- que's update of the Fis- cal Year 2011 Dubuque County REAP Plan, sub- mittal of the Fiscal Year 2011 REAP grant application for installa- tion of the Iowa 32 Bike / Hike Trail - Phase 4 Project and appoint- ment of a City Council representative (cur- rently Council Member Joyce Connors) to the REAP Committee. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 301-10 Authorizing REAP Grant application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) and appoint Council Member Joyce Connors as representa- tive. Seconded by Lynch. Motion carried 7-0. 2009 International Fire Code: City Manager recommending appro- val of the adoption of the 2009 International Fire Code published by the International Code Council, Inc. Motion by Jones 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 Resnick. Motion car- ried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 46-10 Amending City of Dubuque 'Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Build- ing Codes, Article E Fire Code and Regula- tions by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the Interna- tional Fire Code, 2009 Edition, as adopted, and provides for en- forcement, addresses emergent situations, and provides discretion to the Fire Chief. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Buol reported that he had received many great comments from RAGBRAI visitors and participants. Resnick thanked Du- buque citizens for the good reception provid- ed to RABGRAI partici- pants. Jones acknowledged the work of City staff on this year's RAGBRAI. Braig acknowledged the Boy Scouts in at- tendance. Voetberg reported that the get -well cards and letters he has re- ceived are greatly ap- preciated. PUBLIC INPUT Phil French, 1025 Rockdale Road, ex- pressed his comments and suggestions re- garding public safety including police walk- ing the streets, 24-hour park patrol, encourage Subscribed to before me, a Notary Public in this 1(.0 day of tary Public