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Proof of Publication_City Council Proceedings 8 16 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 16. 2010 in the Historic Federal Build - ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to at upon such busines that may properl come before the Cit Council. Pledge of Allegiance Invocation was prc vided by Pastor Travi I Roehm of Bridge Chris tian Church. PROCLAMATION Table Mound Elemen tary School Week (Au gust 23 -27, 2010) wa ,accepted by Table Mound Elemental- School Principal Roo i Hansen and three stu dent representatives. CONSENT ITEMS Motion by Lynch tc receive and file the documents, adopt the resolutions, and dis pose of as indicated Seconded by Braig Louis Pfeiler, 1227E Kingston Way, request- ed ( #15) Veterans' Me- morial Plaza be held for separate discus- sion. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- K ry Commission of 6/16; E City Council of 8/2; Hu- t man Rights Commis- sion of 7/8; Investment Oversight Advisory Commission of 7/28; Park and Recreation Commission of 7/13; Transit Board of Trust- ees of 7/8; Zoning Ad- visory Commission of 8/4; Zoning Board of Adjustment of 7/22 Investment Oversight Advisory Commission's 69th Quarterly Report Proof of publication of City Council Proceed- ings of July 19, 2010 30g1 of bvi-3313 568$'a62jols 1X 'Jai(Jp /Jaysuw llun w `mm6 D t `gleq S'i '218 Z 'uollonJlsuoo maN c S etl l eSy - C77 'awoy pooh a 0l aa�1 suaRP1 pl >aam L 69Z8 oqo 'SL$ •esnog6o0 00161 a6.121 9869 - E95 IIe3 '05E$ ;wow 7 8 sa18JoA'smag Appal - Sdfld 0312JOSSV 4L98 (Ipua1�J RJas 'pasl5J awoy 'pawicow '8 slogs 'Addnd ieag Appal sagddns -lad tine M. Putnam for per- I, TOT LOC ui Larkspur Addition as requested by John A. Brennan. Upon motion the documents were received and filed and Resolution No. 308 -10 Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addi- tion in the City of Du- buque, Iowa, was adopted. Plat of Survey - Creek Wood Drive: Zoning Advisory Commission recommending appro- val of the Plat of Sur- vey of Creek Wood Drive as requested by Greg McCoy. Upon mo- tion the documents were received and filed and Resolution No. 309- 10 Approving the Plat of Survey of Lot 1 of the NE 1/4 SW 1 /4 Sec- tion 2, T88N, R2E of the 5th P.M. of Creek Wood Drive was adopted. Iowa Department of Economic Development State Planning Grant: City Manager recom- mending approval of an Iowa Department of Economic Development State Planning Grant application. Upon mo- tion the documents were received and filed and Resolution No. 310- 10 Authorizing State Planning Grant applica- tion to the Iowa De- partment of Economic Development was adopted. Dubuque County Con- servation Board: Com- munication to Brian Preston, Dubuque County Conservation Board, regarding a REAP Grant for land ac- quisition along Herit- age Trail in Dubuque County. Upon motion the document was re- 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 25, 2010, and for which the charge is $428.53. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a6 tof day of , 20 `D . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commissfan Number 154885 M C N CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 16, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a tine u nam for regular session session of the 1 cori[`atlu--Ldc-3 0i•. City Council to a( Larkspur Addition as , upon such busines requested by John A. that may properl Brennan. Upon motion come before the Cit the documents were Council. received and filed and Pledge of Allegiance Resolution No. 308-10 Invocation was prc Approving the Final vided by Pastor Travi plat of Lot 1, Lot 2 and Roehm of Bridge Chris Lot 3 of Larkspur Addi- tian Church. tion in the City of Du - PROCLAMATION buque, Iowa, was Table Mound Elemen adopted. tary School Week (Au plat of Survey - Creek gust 23-27, 2010) wa Wood Drive: Zoning accepted by Tab', Advisory Commission Mound Elementar recommending appro- School Principal Ro, val of the Plat of Sur - Hansen and three Stu vey of Creek Wood dent representatives. prive as requested by CONSENT ITEMS Greg McCoy. Upon mo Motion by Lynch ti tion the documents receive and file th( were received and filed documents, adopt th( and Resolution No. 309- resolutions, and dis 10 Approving the Plat pose of as indicated of Survey of Lot 1 of Seconded by Braig, the NE 1/4 SW 1/4 Sec - Louis Pfeiler, 1227E tion 2, T88N, R2E of the Kingston Way, request- 5th P.M. of Creek Wood ed (#15) Veterans' Me- Drive was adopted. morial Plaza be held Iowa Department of for separate discus- Economic Development sion. Motion carried 6-0. State Planning Grant: Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 6/16; City Council of 8/2; Hu- man Rights Commis- sion of 7/8; Investment Oversight Advisory Commission of 7/28; Park and Recreation Commission of 7/13; Transit Board of Trust- ees of 7/8; Zoning Ad- visory Commission of 8/4; Zoning Board of Adjustment of 7/22 Investment Oversight Advisory Commission's 69th Quarterly Report Proof of publication of City Council Proceed- ings of July 19, 2010 NgL'y0 Qf fi9t'33A3' S68$ 'a62aols 1X `aakp/Jagsenn llun u1 `a26o1`g12g5'T'218Z •uo14onJ4suoo nnaN C7wffuuurn I srx( p0062 0l •awog ae.n. sua44p1 Plo)1aam L 69Z8-154-£9S oqo 'SL$ •asnog6o0 00161 a6a21 9869-E6S-£951120 'OS£$-001$ iaJow'8 sap1JoA `saeas ICPPal - Sdfld 03121OSSV 4L98-L8Z-809'043 •llpua1J0 AJan pas12J awog `pawaom 8 slogs `hddnd asag Appal sagddns-;ad ICE KBB: 2 City Manager reco o- mending approval an Iowa Department of Economic Development ICE State Planning Grant application. Upon mo- tion the documents were received and filed and Resolution No. 310- 10 Authorizing State Planning Grant applica- tion to the Iowa De- partment of Economic Development was adopted. Dubuque County Con- servation Board: Com- munication to Brian Preston, Dubuque County Conservation Board, regarding a REAP Grant for land ac- quisition along Herit- age Trail in Dubuque County. Upon motion the document was re- $20,745 '06 FORD F-150 SUPER CAB LARIAT Roof, boards, bedliner, #X00092B CIUNKER SALE PRICE :$18.14 '09 FORD ESCAPE XLT 4X4 Roof rack, #6596A KBB: CLUNKER SALE PRICE S25,215 '22.99 '06 JEEP GRAND CHEROKEE LAREDO 4x4, #6505B KBB: CIUNKER SALE PRICE S18,545 s15,19 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 25, 2010, and for which the charge is $428.53. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a day of , 20 A . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 •rxli hn, CLUNKER SALE PRICE James and Bonita LaBee for property damage; Thomas and Mary Metz for property damage; Edward Ehrlich for vehicle damage; Michelle Grobstick for vehicle damage; Christine M. Putnam for personal injury; Dave Grant for vehicle damage; Rolf and Nancy Goeck for property damage; Justin R. Mills for prop- erty damage; James R. Richardson for vehicle damage. Upon motion the documents were received, filed, and re- ferred to the City Attor- CITY OF DUBUQUE, ney. IOWA City Attorney advising CITY COUNCIL that the following PROCEEDINGS claims have been re - The Dubuque City ferred to Public Entity Council met in regular Risk Services of Iowa, session at 6:30 p.m. on the agent for the Iowa August 16, 2010 in the Communities Assur- Historic Federal Build- ance Pool: Dan Dolphin ing. for property damage; Present: Mayor Buol, Edward J. Ehrlich for Council Members vehicle damage; James Braig, Connors, Jones, LaBee for property Lynch, Resnick, City damage; Kenneth R. Manager Van Milligen, Booth for property City Attorney Lindahl damage; Thomas Metz Absent: Council Mem- - for property damage; ber Voetberg Michelle Grobstick for Mayor Buol read the vehicle damage; Chris - call and stated this is a tine M. Putnam for per - regular session of the sonal injury; Karen L. City Council to act Candee for property upon such business damage; Nancy Goecke that may properly for property damage. come before the City Upon motion the docu- Council. ments were received, Pledge of Allegiance filed, and concurred. Invocation was pro- Fiscal Year 2010 An- vided by Pastor Travis nual Action Plan - Roehm of Bridge Chris Amendment 4: City Tian Church. Manager recommend - PROCLAMATION ing approval of Amend - Table Mound Elemen- ment 4 to the Fiscal tary School Week (Au- gust 23-27, 2010) was for the Homelessness accepted by Table Prevention and Rapid >, Mound Elementary Re -Housing Program. School Principal Roy Upon motion the docu- Hansen and three stu- ments were received dent representatives. and filed and Resolu CONSENT ITEMS tion No. 304-10 Approv- Motion by Lynch to ing Amendment 4 to receive and file the the Fiscal Year 2010 documents, adopt the Annual Plan for the resolutions, and dis- pose of as indicated. tion and Rapid Re - Seconded by Braig. Housing Program was Louis Pfeiler, 12275 adopted. Kingston Way, request Fire Station No. 4 - ed (#15) Veterans' Me- Roof Replacement Proj- morial Plaza be held ect: City Manager rec- for separate discus- ommending accept- sion. Motion carried 6-0. ance of the Fire Station Minutes and Reports No. 4 - Roof Replace - Submitted: Arts and ment Project as com- Cultural Affairs Adviso- pleted by Giese Roof- ry Commission of 6/16; ing Company in the fi- City Council of 8/2; Hu- nal contract amount of man Rights Commis- $20,780. Upon motion sion of 7/8; Investment the documents were Oversight Advisory received and filed and Commission of 7/28; Resolution No. 305-10 Park and Recreation Accepting the Fire Sta- Commission of 7/13; tion No. 4 - Roof Re - Transit Board of Trust- placement Project and ees of 7/8; Zoning Ad- authorizing payment of visory Commission of the contract amount to 8/4; Zoning Board of the contractor was Adjustment of 7/22 adopted. Investment Oversight Southwest Arterial - Advisory Commission's Supplemental Agree- 69th Quarterly Report ment: City Manager Proof of publication of recommending appro- City Council Proceed- val of the Supplemen- ings of July 19, 2010 tal Agreement with LICE and List of Claims and AECOM Technical Serv- Summary of Revenues ices, Inc., to provide for Month Ended June construction engineer- 30, 2010 ing services for the Upon motion the North Cascade Road documents were re- Reconstruction Project. ceived and filed. Upon motion the docu- Notice of Claims/ ments were received Suits: Kenneth Booth and filed and Resolu for vehicle damage; tion No. 306-10 Approv- ing the Consultant Pro - ICE '06 FORD F-150 SUPER CAB LARIAT Roof, boards, bedliner, #X00092B KBB: CEUNKER SALE PRICE $28.,45 • )1 874 '09 FORD ESCAPE XLT 4X4 Roof rack, #6596A KBB: CLUNKER SALE PRICE $25,215 S2299 '06 JEEP GRAND CHEROKEE LAREDO 4x4,#6505B KBB: CLUNKER SALE PRICE $18,545 $15,19 CLUNKER SALE PRICE fessional Services - Supplemental Agree- ment between AECOM Technical Services, Inc. and the City of Dubu- que for construction engineering services for the North Cascade Road Reconstruction Project (Phase 1 of the Southwest Arterial Project) was adopted. Raymond Place/ Maiden Lane Retaining Wall - Emergency Re- pair: City Manager rec- ommending approval of the emergency re- pairs of the Raymond Place/Maiden Lane Re- taining Wall. Upon mo- tion the documents were received and filed and Resolution No. 307- 10 Authorizing emer- gency repairs . to the Raymond Place/Maid- en Lane Retaining Wall was adopted. E.B. Lyons Interpre- tive Center 28E Agree- ment: City Manager recommending appro- val of a 28E Agreement including the City, the Iowa Department of Natural Resources and the Friends of the Mines of Spain for the Friends of the Mines of Spain to operate their gift shop, vending ma- chines and events at the expanded E.B. Lyons Interpretive Cen- ter at the state park. Upon motion the docu- ments were received, filed, and approved. Final Plat - Larkspur Addition: Zoning Advi- sory Commission rec- ommending approval of the final plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition as requested by John A. Brennan. Upon motion the documents were received and filed and Resolution No. 308-10 Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addi- tion in the City of Du- buque, Iowa, was arinnrati 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 25, 2010, and for which the charge is $428.53. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a{a day of , 20 AO Notary Public in and for Dubuque County, Iowa. MARY�K. WESTERMEYER 185 Q-1 Commission Number 1548 Seconded by Braig. Louis Pfeifer, 12275 Kingston Way, request- 1 ed (#15) Veterans' Me- 1 morial Plaza be held 1 for separate discus- sion. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- rry Commission of 6/16; ; City Council of 8/2; Hu- 1 man Rights Commis- sion of 7/8; Investment Oversight Advisory ICommission of 7/28; Park and Recreation Commission of 7/13; i Transit Board of Trust- ' ees of 7/8; Zoning Ad- visory Commission of 8/4; Zoning Board of Adjustment of 7/22 Investment Oversight Advisory Commission's 69th Quarterly Report Proof of publication of City Council Proceed- ings of July 19, 2010 and List of Claims and Summary of Revenues for Month Ended June 30,2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Kenneth Booth for vehicle damage; Housing Program was adopted. Fire Station No. 4 - Roof Replacement Proj- ect: City Manager rec- ommending accept- ance of the Fire Station No. 4 - Roof Replace- ment Project as com- pleted by Giese Roof- ing Company in the fi- nal contract amount of $20,780. Upon motion the documents were received and filed and Resolution No. 305-10 Accepting the Fire Sta- tion No. 4 - Roof Re- placement Project and authorizing payment of the contract amount to the contractor was adopted. Southwest Arterial - Supplemental Agree- ment: City Manager 4 recommending appro- val of the Supplemen- tal Agreement with ';ICE AECOM Technical Serv- ices, Inc., to provide construction engineer- ing services for the North Cascade Road Reconstruction Project. Upon motion the docu- ments were received and filed and Resolu- tion No. 306-10 Approv- ing the Consultant Pro- fessional Services - Supplemental Agree- ment between AECOM Technical Services, Inc. and the City of Dubu- que for construction engineeringservices for the North Cascade Road Reconstruction Project (Phase 1 of the Southwest Arterial Project) was adopted. Raymond Place/ Maiden Lane Retaining Wall - Emergency Re- pair: City Manager rec- ommending approval of the emergency re- pairs of the Raymond Place/Maiden Lane Re- taining Wall. Upon mo- tion the documents were received and filed and Resolution No. 307- 10 Authorizing emer- gency repairs to the Raymond Place/Maid- en Lane Retaining Wall was adopted. E.B. Lyons Interpre- tive Center 28E Agree- ment: City Manager recommending appro- val of a 28E Agreement including the City, the Iowa Department of Natural Resources and the Friends of the Mines of Spain for the Friends of the Mines of Spain to operate their gift shop, vending ma- chines and events at the expanded E.B. Lyons Interpretive Cen- ter at the state park. Upon motion the docu- ments were received, filed, and approved. Final Plat - Larkspur Addition: Zoning Advi- sory Commission rec- ommending approval of the final plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition as requested by John A. Brennan. Upon motion the documents were received and filed and Resolution No. 308-10 Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addi- tion in the City of Du- buque, Iowa, was adopted. Plat of Survey - Creek Wood Drive: Zoning Advisory Commission recommending appro- val of the Plat of Sur- vey of Creek Wood Drive as requested by Greg McCoy. Upon mo- tion the documents were received and filed and Resolution No. 309- 10 Approving the Plat of Survey of Lot 1 of the NE 1/4 SW V4 Sec- tion 2, T88N, R2E of the 5th P.M. of Creek Wood Drive was adopted. Iowa Department of Economic Development State Planning Grant: City Manager recom- mending approval of an Iowa Department of Economic Development State Planning Grant application. Upon mo- tion the documents were received and filed and Resolution No. 310- 10 Authorizing State Planning Grant applica- tion to the Iowa De- partment of Economic Development was adopted. Dubuque County Con- servation Board: Com- munication to Brian Preston, Dubuque County Conservation Board, regarding a REAP Grant for land ac- quisition along Herit- age Trail in Dubuque County. Upon motion the document was re- iCE IU KBB: $25,215 '09 FORD ESCAPE XLT 4X4 Roof rack, #6596A CLUNKER SALE PRICE L;322,99 • '06 JEEP GRAND CHEROKEE LAREDO 4x4, #6505B KBB: CLUNKER SALE PRICE $18,545 s15.19 CLUNKER SALE PRICE Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this at day of , 20 4 Notary Public in and for Dubuque County, Io` MARYK, WESTERMEYER Commission Number 154885 ceived and filed. mending approval of tion from Lu Ann ment to the Lease One 3-year term on for passage at two Agreement for Preser- mending acceptance of 73 CHS Forwards, LLC the final proceedings Schmidt advising that Agreement between through July 1, 2013, Council meetings prior vation of the Dubuque the charitable donation - Housing Enterprise providing for the issu- she is unable to accept the City of Dubuque, (Term of Whalen) West to the meeting at Shot Tower and City of an antique 1948 Zone Agreement: City ance of $2,675,000 Tax- her appointment to the Iowa and Dubuque llth Street Historic which it is to be passed Manager recommend- Chevrolet Stylemaster Manager recommend- able General Obligation Transit Board of Trust- Community Ice and Preservation District be suspended. Second- ing approval. Motion sedan which replicates ing approval of a Hous- Urban Renewal Bonds, ees. Recreation Center, Inc. resident requirement. ed by Braig. Motion by Lynch to receive a Dubuque Police De- ing Enterprise Zone Series 2010B. Upon mo- Communication froh was adopted. Applicant: Dr. John carried 6-0. Planning and file the documents partment Accident Pre - Program Agreement tion the documents Ruth Scharnau advis- ITEMS TO BE SET FOR Whalen, 1105 Highland Services Manager and approve the rec- vention Bureau vehicle. for 73 CHS Forwards, were received and filed ing that she will not be PUBLIC HEARING Place. Moton by Braig Laura Carstens provid- ommendation. Second- Motion by Jones to re- LLC related to the re- and Resolution No. 318- able to accept her re- Motion by Lynch to to appoint John Whalen ed a staff report. ed by Braig. Motion ceive and file the docu- development of the 10 Appointing Wells appointment to the receive and file the to the Historic Preser- Motion by Connors for carried 6-0. ments and approve the historic Cooper Wagon Fargo Bank, National Transit Board of Trust- documents, adopt the vation Commission (W. final consideration and Upon motion the rules recommendation. Se - Works Building located Association of Des ees. resolutions, set the llth Street Historic passage of Ordinance were reinstated limited conded by Resnick. at 299 Main Street. Moines, Iowa, to serve Upon motion the public hearings as indi- Preservation District) No. 48-10 Amending Ti- discussion to the City Motion carried 6-0. Upon motion the docu- as Payment Agent, documents were re- cated, and direct the for a 3-year term tie 16 of the City Of Du- Council. Tax Increment Financ- ments were received Bond Registrar and ceived and filed. City Clerk to publish through July 1, 2013. buque Code of Ordi- ACTION ITEMS ing Ordinance for the and filed and Resolu- Transfer Agent, ap- FAA Grant Funds notice as prescribed by Seconded by Connors. nances, Unified Devel- Sale of Water Reve- Greater Downtown Ur- tion No. 311-10 Approv- proving the Paying Match Request: City law. Seconded by Motion carried 6-0. opment Code, by nue Bonds - Series ban Renewal District: ing a Housing Enter- Agent and Bond Regis- Manager recommend- Braig. Motion carried PUBLIC HEARINGS amending Article 2 Def- 2010D: City Manager City Manager recom- prise Zone Program trar and Transfer ing approval to reallo- 6-0. Upon motion the rules initions by modifying advising that the re- mending adoption of Agreement by and Agent Agreement and cate funds from exist- Sale of Property at were suspended allow- the definition of Town- sults of the sale of an ordinance amend - among the Iowa De- authorizing the execu- ing projects to meet 1699 Washington ing anyone present to house. Seconded by $5,700,000 Water Reve- ing the tax increment partment of Economic tion of the Agreement; the required 5% local Street: City Manager address the City Coun- Braig. Motion carried nue Bonds, Series financing district for Development, the City and Resolution No. 319- match ($99,500) for recommending that a cil. 6-0. 2010D will be brought the Greater Downtown of Dubuque and 73 CHS 10 Authorizing and pro- Runway Safety Area public hearing be set Southwest Arterial Request for Text to the August 16, 2010 Urban Renewal District. Forwards, LLC, was viding for the issuance Improvements, Elec- for September 7, 2010 adopted. of $2,675,000 Taxable tronic Airport Layout to consider the dispos- CARADCO Building, General Obligation Ur- Plan and Safety Man- al of property located LLLP - Housing Enter- ban Renewal Bonds, agement Systems. at 1699 Washington prise Zone Agreement: Series 2010E and levy- Upon motion the docu- Street. Upon motion City Manager recom- ing a tax to pay said ments were received, the documents were mending approval of a bonds were adopted. filed, and approved. received and filed and Housing Enterprise General Obligation Ur- Grant Application for Resolution No. 327-10 Zone Program Agree- ban Renewal Bonds - Innovative Human Re- Resolution of Intent to ment for CARADCO Series 2010C: City Man- sources Project: City dispose of City -owned Building, LLLP related ager recommending Manager recommend- property, specifically, to the redevelopment approval of the final ing approval of the Lot 2 of Lot 86 in East of the former Carr, proceedings providing submission of a grant Dubuque Addition in Ryder & Adams Com- for the issuance of application to the In- the City of Dubuque, pany building located $2,825,000 General Ob- ternational Public Man- County of Dubuque, lo- at 900 Jackson Street. ligation Urban Renewal agement Association wa, according to the Upon motion the docu- Bonds, Series 2010C. for Human Resources recorded plat thereof, ments were received Upon motion the docu- and CPS Human Re- 1699 Washington and filed and Resolu- ments were received source Services in the Street was adopted tion No. 312-10 Approv- and filed and Resolu- amount of $25,000. setting a public hear- ing a Housing Enter- tion No. 320-10 Ap- Upon motion the docu- ing for a meeting to prise Zone Program pointing Wells Fargo ments were received, commence at 6:30 p.m. Agreement by and Bank, National Associa- filed, and approved. on September 7, 2010 among the Iowa De- tion of Des Moines, lo- Safe Community Task in the Historic Federal partment of Economic wa, to serve as Pay- Force Recommenda- Building. Development, the City ment Agent, Bond Reg- tions - Section 8 Policy Five Points Traffic of Dubuque and istrar and Transfer Changes: City Manager Signal Reconstruction CARADCO Building, Agent, approving the transmitting informa- Project: City Manager LLLP, was adopted. Paying Agent and Bond tion about recent Sec- recommending initia- HHH Enterprises, LLC: Registrar and Transfer tion 8 rule changes tion of the public bid - City Manager recom- Agent Agreement and adopted by the Dubu- ding process for the mending approval of authorizing the execu- que Housing Commis- Five Points Traffic Sig- $15,000 in funding from tion of the Agreement; sion. Upon motion the nal Reconstruction the Downtown Housing and Resolution No. 321- documents were re- Project and that a pub - Incentive Pool to HHH 10 Authorizing and pro- ceived and filed. lic hearing be set for Enterprises, LLC to cre- viding for the issuance Signed Contracts: September 7, 2010 to ate three housing units of $2,825,000 General Bergfeld Trail Phase 2 consider approval of at 164-180 Main Street. Obligation Urban Re- Project - Change Order. the plans and specifi- Upon motion the docu- newal Bonds, Series Upon motion the docu- cations, form of con- ments were received 2010C, and levying a ments were received tract and estimated and filed and Resolu- tax to pay said bonds and filed. cost. Upon motion the tion No. 313-10 Approv- were adopted. Liquor License Trans- documents were re- ing an award to HHH Day of Peace Partner- fer: Request of the Ro- ceived and filed and Enterprises, LLC from ship: City Manager rec- tary Club of Dubuque Resolution No. 328-10 the Downtown Housing ommending approval to transfer their liquor Preliminary approval of Incentive Pool to cre- for the City to be listed license to the Alliant plans, specifications, ate new market -rate as a sponsor for the Energy Outdoor Amphi- form of contract, and housing units within celebration of the Unit- theater on August 28, estimated cost, setting the Greater Downtown ed Nations Internation- 2010 for the Irish date of public hearing Urban Renewal District al Day of Peace on Sep- Hooley event. Upon and ordering bids for was adopted. tember 21, 2010. Upon motion the documents the Five Points Traffic Veterans' Memorial motion the documents were received, filed, Signal Reconstruction Plaza: City Manager were received, filed, and approved. Project was adopted recommending appro- and approved. Liquor License Re- setting a public hear- val of the acceptance Miller Road Water fund: Request of ing for a meeting to of ownership of Veter- Main Extension Proj- Kristina L. Chapman, K- commence at 6:30 p.m. ans' Memorial Plaza on ect: City Manager rec- Chap Foods, for a re- on September 7, 2010 Chaplain Schmitt Is- ommending accept- fund of Cigarette Li- in the Historic Federal land. Motion by Jones ance of the Miller Road cense #DBQ-059 in the Building. to receive and file the Water Main Extension amount of $75.00. Upon General Obligation documents and adopt Project as completed motion the documents Loan Notes: City Man - Resolution No. 314-10 by McClain Excavating Accepting ownership Company, Inc. in the fi- of Veterans' Memorial nal contract amount of Plaza on Chaplain $129,834.43. Upon mo- Schmitt Island. tion the documents Seconded by Resnick. were received and filed Louis Pfeiler, 12275 and Resolution No. 322- Kingston Way, thanked 10 Accepting the Miller the City Council and Road Water Main Ex - Dubuque residents for tension Project and au - making the memorial thorizing payment of possible and spoke in the contract amount to support of the pro- the contractor was posed resolution. Mr. adopted. Pfeiler provided a proj- Human Rights Com- ect update and intro- mission: Communica- duced project directors tion from the Human Louis Kartman, Keith Rights Commission ad - Shearer and Cindy vising the City Council Kohlmann. Motion car- of recent and upcom- ried 6-0. ing endeavors of the Portside Ventures, Commission. Upon mo- LLC - Termination of tion the document was Development Agree- received and filed. ment: City Manager Agreement with the recommending appro- Community Foundation val of the acknowl- of Greater Dubuque for edgement of the termi- Project HOPE: City nation of the Develop- Manager recommend- ment Agreement be- ing approval of a con- tween the City and tract for services with Portside Ventures, LLC. Community Foundation Upon motion the docu- of Greater Dubuque to ments were received assist in achieving the and filed and Resolu- Project HOPE objec- tion No. 315-10 Approv- tives. Upon motion the ing the acknowledge- documents were re- ment of termination of ceived, filed, and ap- the Development proved. Agreement between Catfish Creek Genera - the City of Dubuque, tor Project: City Man - Iowa and Portside Ven- ager recommending tures, LLC, was adopt- award of the contract ed. for the Catfish Creek General Obligation Generator Project to Bonds - Series 2010A: A&G Electric, in the City Manager recom- amount of $92,100. mending approval of Upon motion the docu- the final proceedings ments were received providing for the issu- and filed and Resolu- ance of $4,470,000 Gen- tion No. 323-10 Award- eral Obligation Bonds, ing public improve - Series 2010A. Upon mo- ment contract for the tion the documents Catfish Creek Genera - were received and filed tor Project was adopt - and Resolution No. 316- ed. 10 Appointing Wells Citizen Communica- Fargo Bank, National tions: Communication Association of Des from Dionne T. Klauer, Moines, Iowa, to serve 2131 Concord Court, re - as Payment Agent, garding the lack of Bond Registrar and sidewalks on Marion Transfer Agent, ap- Street from Fremont to proving the Paying the bottom of the hill Agent and Bond Regis- at Concord and Con- trar and Transfer cord Court. Agent Agreement and Communication from authorizing the execu- William Steppan re- tion of the Agreement; questing that the park - and Resolution No. 317- ordinance limiting 10 Authorizing and pro- viding for the issuance of $4,470,000 General Obligation Bonds, Ser- ies 2010A, and levying a tax to pay said bonds were adopted. Taxable General Obli- gation Urban Renewal Bonds Series 2010B: Transit Board of tion No. 326-10 Approv- missions: Historic Pres- proposed ordinance be ing to consider a Con- Antique Police Car. City Manager recom- Trustees: Communica- ing the First Amend- ervation Commission: considered and voted servation Easement City Manager recom- Project: North Cascade Amendment - Commer- City Council meeting Motion by Connors to Road Reconstruction: cial Recreation District: for approval. Motion by receive and file the Proof of publication on Proof of publication on Connors to receive and documents and that notice of public hear- notice of public hear- file the documents and the requirement that a ing on the plans, speci- ing to consider a re- adopt Resolution No. proposed ordinance be fications, form of con- quest from the City of 334-10 Directing sale of considered and voted tract and estimated Dubuque to amend Ar- Water Revenue Bonds, on for passage at two cost for the North Cas- ticle 5 - Unified Devel- Series 2010D. Second- Council meetings prior cade Road Reconstruc- opment Code to allow ed by Braig. Budget Di- to the meeting at tion Project (Phase I of upper floor housing rector Jenny Larson which it is to be passed the Southwest Arterial units in the CR Com- provided a summary of be suspended. Second - Project) and City Man- mercial Recreation Dis- the bond sale. Motion ed by Braig. Motion ager recommending award of the contract to C.J. Moyna & Sons, Inc. in the amount of $1,591,521.32, subject to Iowa Department of Transportation appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 331-10 Approving plans, speci- fications, form of con- tract and estimated cost for the North Cas- cade Road Reconstruc- tion - Grading and Pav- ing Project; and Reso- lution No. 332-10 Awarding public im- provement contract for the North Cascade Road Reconstruction - Grading and Paving Project. Seconded by Connors. Robert Runde, 13097 N. Cas- cade Road, questioned how the project will be constructed while al- lowing for through traffic, why the over- passes are scheduled for construction ahead of the main project, and who will be re- sponsible for maintain- ing the final roadway. Assistant City Engineer Bob Schiesl stated that it is a more efficient and effective expendi- ture of available funds to . keep the project moving forward adding that overpasses 'will be constructed parallel to impacted cross roads to allow for through were received, filed, ager recommending traffic and that the and the refund ap- that a public hearing County has the respon- proved. be set for September 7, sibility of maintaining Liquor License Appli- 2010 to consider the is- the final roadway. Mo- cations: City Manager suance of not to ex- tion carried 6-0. recommending appro- ceed $3,000,000 Gener- Request to Rezone - val of annual liquor li- al Obligation Capital 380 East 21st Street: cense renewals as sub- Loan Notes. Upon mo- Proof of publication on mitted. Upon motion tion the documents notice of public hear - the documents were were received and filed ing to consider a re - received and filed and and Resolution No. 329- quest from Michelle Resolution No. 324-10 10 Fixing date for a Mihalakis to rezone Granting the issuance meeting on the author- property located at 380 of a Class "B" Beer Per- ization of a Loan and East 21st Street from mit (5 Day Special Disbursement Agree- R-2A Alternate Two - Event) to Clarke Uni- ment and the issuance Family Residential Dis- versity, Riverfest and of not to exceed trict to OR Office Resi- Music n More; and a $3,000,000 General Ob- dential District and Class "C" Beer Permit ligation Capital Loan Zoning Advisory Com- to Sid's Beverage, Notes of Dubuque, lo- mission recommending Ron's Discount Smokes wa, and providing for approval. Motion by and DBQ Quick Stop the publication of no- Connors to receive and Mart; and Resolution tice thereof was adopt- file the documents and No. 325-10 Granting the ed setting a public that the requirement issuance of a Class "C" hearing for a meeting that a proposed ordi- Beer/Liquor License to to commence at 6:30 nance be considered Eagles Club, Courtside p.m. on September 7, and voter- on for pas - Sports Bar/Grill, Star 2010 in the Historic sage at two Council Restaurant and Lounge Federal Building. meetings prior to the and Chances R; a Spe- Sewer Revenue Capi- meeting at which it is cial Class "C" Liquor Li- tal Loan Notes: City to be passed be sus- cense to Tri-State Blind Manager recommend- pended. Seconded by Society and Bandana's ing that a public hear- Lynch. Motion carried Bar-B-Q; a Special ing be set for Septem- 6-0. Michelle Mihalakis, Class "C" Liquor Li- ber 20, 2010 to consider 2545 Jackson Street; cense (5 Day Special the issuance of not to Jenny Manders, 1990 Event) to Dubuque Jay- exceed $10,100,000 Ellis Street; and cees (8/19/10 and Sewer Revenue Capital Theresa Caldwell, 1633 9/2/10) Camp Albrecht Loan Notes Upon mo- Elm Street, spoke in Braig. Motion carried come in lower than 1t 8/25 Acres and Dubuque tion the documents support of the pro- 6-0. originally bid. Motion Fine Arts Society; a were received and filed posed ordinance. Plan- 73 CHS Forwards, LLC carried 6-0. Special Class "C" Liq- and Resolution No. 330- ning Services Manager - Development Agree- Reorganization of the uor License (14 Day 10 Fixing date for a Laura Carstens provid- ment: Proof of publica- Human Rights Depart - Special Event) to Dubu- meeting on the author- ed a staff report. tion on notice of public ment: City Manager que Fine Arts Society; a ization of a Loan and Motion by Connors for hearing to consider en- recommending appro- Class "B" Wine Permit Disbursement Agree- final consideration and tering into a Develop- val of a proposed reor- to Sid's Beverage ment and the issuance passage of Ordinance ment Agreement with ganization of the Hu - Store; and a Class of not to exceed No. 47-10 Amending Ti- 73 CHS Forwards, LLC man Rights Depart- "WBN" Native Wine Li- $10,100,000 Sewer Rev- tle 16 of the City of Du- on the property located ment to implement one cense to Mandolin Inn enue Capital Loan buque Code of Ordi- at 299 Main Street, the of the Safe Community were adopted. Notes of Dubuque, lo- nances, Unified Devel- former Cooper Wagon Task Force recommen- License Agreement - wa, and providing for opment Code, by re- Works building and dations. Motion by Dubuque Community the publication of no- classifying hereinafter City Manager recom- Jones to receive and Ice and Recreation tice thereof was adopt- described property lo- mending approval. Mo- file the documents and Center, Inc.: City Man- ed setting a public cated at 380 East 21st tion by Lynch to re- approve the recom- ager recommending hearing for a meeting Street from R-2A Alter- ceive and file the docu- mendation. City Attor- approval of a License to commence 'at 6:30 nate Two -Family Resi- ments and adopt Reso- ney Barry Lindahl ex - Agreement between p.m. on September 20, dential to OR Office lution No. 333-10 Ap- plained what City At - Dubuque Community 2010 in the .Historic Residential District. proving a Development torney services would Ice and Recreation Federal Building. Seconded by Braig. Agreement with 73 be outsourced and how Center, Inc., and North- BOARDS/ Motion carried 6-0. CHS Forwards, LLC for staff duties would be ern Lights Hockey. COMMISSIONS Request for Text the property located at restructured to accom- Upon motion the docu- Applicants were invit- Amendment - Defini- 299 Main Street modate the human ments were received, ed to address the City tion of Townhouse: Seconded by Braig. Re- rights work. Seconded filed, and approved. Council regarding their Proof of publication on sponding to questions by Connors. Motion Dubuque Community desire to serve on the notice of public hear- from City Council, Eco- carried 6-0. Ice and Recreation following Boards/Com- ing to consider a re- nomic Development Di- Acceptance of Peti- Center, Inc.: City Man- missions: Airport Com- quest from the City of rector Dave Heiar clari- tion and Waiver Agree- ager recommending mission: Two 4-year Dubuque to amend Ar- fied that the refer- ments - Historic Mill- ing or man approval of the First terms through August ticle 2 - Unified Devel- enced apartments are work District: City one parking permit per Amendment to the 14, 2014 (Terms of opment Code to modify market-rate/workforce Manager recommend - apartment and two Lease Agreement be- Accinelli and Daoud). the definition of a housing. Motion car- ing acceptance of the permits per block be tween the City of Du- Applicants: Steven townhouse and Zoning ried 6-0. Petition and Waiver re -visited. buque and Dubuque Accinelli, 3007 Hunting- Advisory Commission Conservation Ease- Agreements from the Upon motion the Community Ice and ton Drive; and Charles recommending appro- ment Agreement for property owners do - documents were re- Recreation Center. Daoud, 396 Moore val. Motion by Connors Preservation of the Du- nating the right-of-way ceived, filed, and refer- Upon motion the docu- Heights. to receive and file the buque Shot Tower: in the Millwork District. red to the City Manag- ments were received Appointments to the documents and that Proof of publication on This item was removed erand filed and Resolu- following Boards/Com- the requirement that a notice of public hear- from the agenda.• trict as a permitted use carried 6-0. and Zoning Advisory State of Iowa Finan- Commission recom- cial .Assistance Appli- mending approval. Mo- cation for Sedgwick tion by Lynch to re- Claims Management, ceive and file the docu- Inc.: City Manager rec- ments and that the re- ommending approval quirement that a pro- of a financial assis- posed ordinance be tance application to considered and voted the Iowa Department on for passage at two of Economic Develop - Council meetings prior ment on behalf of to the meeting at Sedgwick Claims Man - which it is to be passed agement, Inc. Motion be suspended. Second- by Connors to receive ed by Connors. Motion and file the documents carried 6-0. Planning and adopt Resolution Services Manager No. 335-10 Authorizing Laura Carstens provid- the filing of an applica- ed a staff report. tion for State Financial Motion by Lynch for Assistance on behalf of final consideration and Sedgwick Claims Man - passage of Ordinance agement Services, Inc. No. 49-10 Amending Ti- Seconded by Resnick. tle 16 of the City Of Du- Motion carried 6-0. buque Code of Ordi- Every Child / Every nances, Unified Devel- Promise: Request of opment Code, by Community Foundation amending Article 5, of Greater Dubuque Zoning Districts, to al- Vice President of Pro - low residential use grams Eric Dregne to above the first floor address the City Coun- only as a principal per- Cil to provide an up- mitted use in the CR date on the efforts of Commercial Recreation Every Child / Every District. Seconded by Promise. Motion by Braig. Motion carried Jones to receive and 6-0. file the information. Request for Text Seconded by Braig. Mr. Amendment - Light In- Dregne, 700 Locust dustrial District: Proof Street, provided an or - of publication on no- al report. Motion car- tice of public hearing ried 6-0. to consider a request Lower Bee Branch from the City of Dubu- Creek Reconstruction que to amend Article 5 Project: City Manager - Unified Development recommending award Code to allow residen- of the public improve- tial use as a condition- ment contract for the al use in LI Light Indus- Lower Bee Branch trial and MHI Modified Creek Reconstruction Heavy Industrial Dis- Project to Tschiggfrie tricts and Zoning Advi- Excavating Co. in the sory Commission rec- amount of ommending approval. $10,836,588.85. A video Motion by Connors to regarding the Lower receive and file the Bee Branch Creek Re - documents and that construction Project the requirement that a and recent flooding in proposed ordinance be the area was shown. considered and voted Motion by Connors to on for passage at two receive and file the Council meetings prior documents and adopt to the meeting at Resolution No. 336-10 which it is to be passed Awarding public im- be suspended. Second- provement contract for ed by Lynch. Motion the Lower Bee Branch carried 6-0. Planning Creek Reconstruction Services Manager Project. Seconded by Laura Carstens provid- Braig. Responding to ed a staff report. questions from City Motion by Connors for Council, Civil Engineer final consideration and Deron Muehring stated passage of Ordinance that despite improve - No. 50-10 Amending Ti- ments in upstream de- tle 16 of the City Of Du- tention basins, the Bee buque Code of Ordi- Branch Creek sewer is nances, Unified Devel- still under capacity til the September 7, opment Code, by adding that increases 2010 City Council meet - amending Article 5, in the non-residential ing. Seconded by Braig. Zoning Districts, to al- storm water fee would Motion carried 6-0. low adding residential be a multiple of the There being no fur - use as a conditional residential storm water ther business, upon use in the LI Light In- fee, which can include motion the City Council dustrial and MHI Modi- credit for pervious sur- adjourned at 8:47 p.m. fied Heavy Industrial faces. Muehring said /s/Jeanne F. Schneider, Districts. Seconded by that final costs could CMC, City Clerk carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 51-10 Amending Ordinance Nos. 58-09, 60-08, 63-07, 20-07, 35- 04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property lo- cated within the Great- er Downtown Urban Renewal District of the City of Dubuque, Coun- ty of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies ad- vanced to and indebt- edness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renew- al Plan for the Greater Downtown Urban Re- newal District.- Se- conded by Braig. Mo- tion carried 6-0. Dubuque County His- torical Society Lease for Mississippi Plaza Property - Tabled from August 2, 2010 Meet- ing: City Manager rec- ommending approval of the amended lease agreement between the Dubuque County Historical Society and the City of Dubuque for the development of the proposed Mississippi Plaza, subject to the approval of the associ- ated sub -lease agree- ments and the Vision Iowa contract. Vision Iowa: River En- hancement Community Attraction and Tourism Program Grant Agree- ment: City Attorney recommending appro- val of a proposed River Enhancement Com- munity Attraction and Tourism Program Grant Agreement by and among the Vision Iowa Board, Dubuque County Historical Soci- ety and the City of Du- buque. _ Motion by Jones to ta- ble these two items un- i, muic, rli e, a lil corporation, publish published in the Citi certify that the attacl dates: August 25, 20 Subscribed to before this at tof day I