Proofs of Publication_City Council Proceedings 9 20 10CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 20, 2010 in
the Historic Federal
Building.
Present: Mayor Pro -
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro -Tern Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
401 Mdi ' ;D 1 -14J0Md3 ul
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- 9SS-Egg lE EUUOO IIPD
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lail'4 inri
Commission recom-
ceivernending approval. Mo-
Ntion by Jones to receive
Suitsnd file the documents
Sch nd that the require -
injurrment that a proposed
City ordinance be consid-
Uporlered and voted on for
men passage at two Council
filed meetings prior to the
the (meeting at which it is
tlito be passed be sus-
that pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6 -0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54 -10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C -2 Neigh-
borhood Shopping Cen-
ter and C -2A Mixed Use
Neighborhood Dis-
tricts. Seconded by
Lynch. Motion carried
6 -0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right -of -way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375 -10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376 -10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377 -10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6 -0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
�..,1 ri4 1■Anaggr ref-
second amendment tc
the Fiscal Year 2011
Budget and City Man-
ager recommendin
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
380 -10 Amending the
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6 -0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381 -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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6 -0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Implementation of In-
tercultural Competen-
cy Training: City Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just - Gettin' -By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
rarrierLF -n. _
eEoc Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
orporation, publisher of the Telegraph Herald,a newspaper of general circulation
ites end 9 /3) ublished 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: September 29, 2010, and for which the charge is $281.40.
STATE OF IOWA {SS:
UBUQUE COUNTY
CERTIFICATION OF PUBLICATION
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /, day of �� , 20 to
1
-. Lt t r u�
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My C'nmm. ExQ - _ FEf3 1 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 20, 2010 in
the Historic Federal
Building.
Present: Mayor Pro -
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro -Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
RIpcced Virnin Mary
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365 -10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Southwest Arterial
Project - Consultant
Professional Services -
Supplemental Agree-
ment: City Manager
recommending appro-
val of the execution of
the Consultant Profes-
sional Services - Sup-
plemental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Upon motion the
ceived and filed.
Notice of Claims/
Suits: Susan M.
Schetgen for personal
injury; Uneka Lewis vs.
City of Dubuque, et al.
Upon motion the docu-
ments were received,
filed and referred to
the City Attorney.
City Attorney advising
that the following
Funding for the City of
Dubuque was adopted.
Five Points Traffic
Signal Reconstruction
Project: City Manager
recommending that the
bids received for the
Five Points Traffic Sig-
nal Reconstruction
Project be rejected.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 368 -10 Reject-
ing all competitive bids
received for the Five
Points Traffic Signal
Reconstruction Project
was adopted.
Arts and Economic
Prosperity IV Study:
City Manager recom-
mending approval of
an agreement with
Americans for the Arts
to conduct an Arts Eco-
nomic Impact Study in
Dubuque. Upon motion
the documents were
received, filed, and ap-
proved.
Smart Planning Grant
Application: City Man-
ager recommending
approval of a letter of
support to the Rebuild
Iowa Office for a joint
Smart Planning Local
Comprehensive Plan-
ning Grant Application.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 369 -10 Author-
izing Smart Planning
Grant Application was
adopted.
Authorizing Resolu-
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Micah Mork
for property damage/
vehicle damage; Susan
Schetgen for personal
injury; Brandon Priem
for property damage.
Upon motion the docu-
ance and Evaluation
Report (CAPER) for the
period commencing Ju-
ly 1, 2009 and conclud-
ing June 30, 2010, was
adopted.
Area Residential Care
Partnership: City Man-
ager recommending
approval of pursuing a
Revitalize Iowa Infra-
structure Program
grant to help fund a
west side Keyline
transfer center in part-
nership with Area Resi-
dential Care. Upon mo-
tion the documents
were received, filed,
and approved.
Washington Neigh-
borhood / Housing
Trust Fund Application:
City Manager recom-
mending approval of
the submission of a
Housing Trust Fund
Grant Application to
the Iowa Finance Au-
thority in the amount
of $157,250 for contin-
ued support of home-
ownership activities in
the Washington Neigh-
borhood. Upon motion
the documents were
received and filed and
Resolution No. 372 -10
Approving commit-
ment of matching
funds for an applica-
tion to the Iowa Fi-
nance Authority (IFA)
for State Housing Trust
Funds was adopted.
Homelessness Pre-
vention and Rapid Re-
Housing Program: City
Rentals
PUBLISHER'S NOTICE
All real estate
advertising in this
newspaper is subject
to the Federal Fair
Housing Act which
makes it illegal to
advertise any
preference, limitation
Wartham, 600 Century
Drive, on October 16,
2010. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 373 -10
Granting the issuance
of a Class "B" Beer Per-
mit (5 -Day Special
Event) to Chad
Remakel for the Josh
Ryan Benefit; and Res-
olution No. 374 -10
Granting the issuance
of a Class "LB"
(Hotel /Motel) Beer/
Liquor License to Hil-
ton Garden Inn/
Houlihan Restaurant; a
Class "C" Beer /Liquor
License to Fiesta
Cancun, The District,
Grand River Center,
Red Robin, Angies' Bar,
Fat Tuesday, Grand
Tap, Happy's Place and
Knicker's Saloon (1-
Day Outdoor Sale); and
a Special Class "C" Liq-
uor License (5 -Day
Special Event) to Dubu-
que Jaycees were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, set the
public hearings as indi-
r r 1 11111miumniwaraw f .�
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
2012 '(Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship Advisory Com-
mission - Additional
Applicants: One 3 -year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards /Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3 -year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3 -year
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53 -10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R -3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6 -0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C -2A
Mixed Use Neighbor-
hood District and C -2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Avenue; Resolution No.
376 -10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377 -10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6 -0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378 -10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6 -0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just - Gettin' -By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6 -0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
ported on the specifics
of the state -of- the -art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
7:25 p.m. to go into
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6 -0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
nty, Iowa,
ounty, Iowa.
had been give proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:51 p.m.
/s /Jeanne F. Schneider,
CMC, City Clerk
1 1t 9/29
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 20, 2010 in
the Historic Federal
Building.
Present: Mayor Pro-
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September . 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
401 Md •16 4}J0Mdj.ul
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8 Ve Z '218 Z 08x9T
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-999-E99 }e euuoa Ilex
iONIAII 1N3W.LdydV
dO 33t1d MV388
l31i 1i ri."1IJIrliD'MAAnA
Commission recorn-
ceivemending approval. Mo-
Ntion by Jones to receive
Suitsand file the documents
Scheand that the require-
injurment that a proposed
City ordinance be consid-
Uporered and voted on for
menipassage at two Council
filed meetings prior to the
the Cmeeting at which it is
Cityto be passed be sus -
that pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C-2 Neigh-
borhood Shopping Cen-
ter and C-2A Mixed Use
Neighborhood Dis-
tricts. Seconded by
Lynch. Motion carried
6-0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right-of-way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375-10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and riry„Jdanaapr_rac
second amendment to
the Fiscal Year 2011
Budget and City Man-
ager recommendin
approval. Motion by
Connors to receive and
file the documents ands
adopt Resolution No.
380-10 Amending the
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6-0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381-10 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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6-0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Implementation of In-
tercultural Competen-
cy Training: City Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
CirCles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
.._C.VriprLfi_n_ _
STATE OF IOWA {SS:
`,,,DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
orporation, publisher of the Telegraph Herald,a newspaper of general circulation
ites end 9/3 ublished 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: September 29, 2010, and for which the charge is $281.40.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /, day of ��% ,�44.) , 20 /' .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
)ray Comm, Ex . FEB, 1a 201
CITY OF DUBUQUE,
' IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 20, 2010 in
the Historic Federal
Building.
Present: Mayor Pro-
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September . 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
Ridge Road, E. Dubu-
que, IL; and Dave
Schmitz, 1317 Curtis
Street.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with Item #22 Alcohol
Compliance - Civil Pen-
alty for Lot One being
removed from the
agenda. Seconded by
Resnick. Motion car-
ried 6-0.
Minutes and Reports
Submitted: Airport
Commission of 8/2 and
8/16; Arts and Cultural
Affairs Advisory Com-
mission of 7/27; Cable
Community Telepro-
gramming Commission
of 8/26; City Council of
9/7; Environmental
Stewardship Advisory
Commission of 9/7;
Park and Recreation
Commission of 8/10;
Transit Board of Trust-
ees of 8/12; Zoning Ad-
visory Commission of
9/1; Zoning Board of
Adjustment of 8/26
Proof of publication of
the List of Claims and
Summary of Revenues
for month ended July
31,2010
Upon motion the
documents were re-
ceived and filed.
Notice of Claims/
Suits: Susan M.
Schetgen for personal
injury; Uneka Lewis vs.
City of Dubuque, et al.
Upon motion the docu-
ments were received,
filed and referred to
the City Attorney.
City Attorney advising
that the following
tion No. 362-10 Accept-
ing the McAleece Park-
ing Lot Reconstruction
Project and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Utility Relocation Proj-
ect - 9th to 10th Street
on Central Avenue:
City Manager recom-
mending acceptance of
the Utility Relocation
Project - 9th to loth
Street on Central Ave-
nue as completed by
Top Grade Excavating,
Inc., in the final con-
tract amount of
$727,373.48. Upon mo-
tion the documents
were received and filed
and Resolution No. 363-
10 Accepting the Utility
Relocation Project - 9th
to loth Street on Cen-
tral Avenue and au-
thorizing payment of
the contract amount to
the contractor was
adopted.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase I:
City Manager recom-
mending acceptance of
the Historic White Wa-
ter Creek Bridge Relo-
cation Project - Phase I
as completed by Good-
win House Moving,
Inc., in the final con-
tract amount of
$19,500. Upon motion
the documents were
received and filed and
Resolution No. 364-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Southwest Arterial
Project - Consultant
Professional Services -
Supplemental Agree-
ment: City Manager
recommending appro-
val of the execution of
the Consultant Profes-
sional Services - Sup-
plemental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Uoon motion the
claims have been re- ments were received, amount of $46,880.80. nitting
ferred to Public Entity filed, and concurred. Upon motion the docu- Ise to
Risk Services of Iowa, Montrose Terrace ments were received ent of
the agent for the Iowa Stairs Reconstruction and filed and Resolu- sn De -
Communities Assur- Project: City Manager tion No. 361-10 Accept- srding
ance Pool: Micah Mork recommending accept- ing the Montrose Ter- )rove -
for property damage/ ' ance of the Montrose race Stairs Reconstruc- ie re -
vehicle damage; Susan Terrace Stairs Recon- tion Project and au- of the
Schetgen for personal struction Project as thorizing payment of ssness
injury; Brandon Priem completed by Max the contract amount to Rapid
for property damage. Smith Construction in the contractor was ogram.
Upon motion the docu- the final contract adopted. e docu-
;eceived
US 151/61 Twin Valley documents were re- and filed.
and Maquoketa Drive ceived and filed and Dubuque County
Safety Improvements: Resolution No. 370-10 Board of Supervisors:
City Manager recom- Authorizing the filing Communication from
mending approval of of applications with the the Dubuque County
the issuance of a Re- Federal Transit Admin- Board of Supervisors
quest for Proposals istration, an operating advising that a public
(RFP) for consultant administration of the hearing will be held on
services regarding the United States Depart- September 27, 2010 re -
US 151/61 Twin Valley ment of Transporta- garding a Social Host
and Maquoketa Drive tion, for federal trans- Ordinance for Dubuque
Safety Improvements portation assistance County. Upon motion
Project. Upon motion authorized by 48 U.S.C. the document was re -
the documents were Chapter 53, Title 23 ceived and filed.
received, filed, and ap- United States Code and Alcohol Compliance -
proved. other federal statutes Civil Penalty for Lot
Structural/Stability administered by the One: City Manager rec-
Analysis of the Dubu- Federal Transit Admin- ommending accept-
que Levee and Flood- istration was adopted. ance of the Acknow-
wall System: City Man- 2010 Justice Assis- ledgement/Settlement
ager recommending tance Grant (JAG): City Agreement for a sec -
approval of the selec- Manager recommend- and offense alcohol
tion of GEI Consultants ing acceptance of the compliance violation
to provide a struc- 2010 Justice Assistance for Lot One, 100 Main
tural/stability analysis Grant (JAG) in the Street. This item was
of the Dubuque levee amount of $85,521. removed from the
and floodwall system. Upon motion the docu- agenda.
Upon motion the docu- ments were received, Airport Commission:
ments were received, filed, and approved. Communication from
filed, and approved. Consolidated Annual Sue Hafkemeyer advis-
Safe Routes to School Performance and Eval- ing that she is resign -
Program Funding: City uation Report (CAPER): ing from the Airport
Manager recommend- City Manager recom- Commission. Upon mo-
ing approval of the mending approval of tion the document was
submission of an appli- the submission of the received and filed and
cation to the Iowa De- Consolidated Annual the resignation accept-
partment of Transpor- Performance and Eval- ed.
tation for a $69,308 uation Report (CAPER) Signed Contracts:
Safe Routes to School to the U.S. Department Canadian National Rail -
Infrastructure Grant. of Housing and Urban road Track Easement
Upon motion the docu- Development Depart- Release and USTs at
ments were received ment for the period of Former Public Works
and filed and Resolu- July 1, 2009 through Facility. Upon motion
tion No. 367-10 Author- June 30, 2010. Upon the documents were
izing the filing of an motion the documents received and filed.
application with the lo- were received and filed Liquor License Trans-
wa Department of and Resolution No. 371- fer: Request of Rotary
Transportation for a 10 Authorizing the sub- Club of Dubuque to
Safe Routes to School mission of a Consoli- transfer their liquor li-
Infrastructure Grant dated Annual Perform- cense to Kruse /
Funding for the City of ance and Evaluation Wartham, 600 Century
Dubuque was adopted. Report (CAPER) for the Drive, on October 16,
Five Points Traffic period commencing Ju- 2010. Upon motion the
Signal Reconstruction ly 1, 2009 and conclud- documents were re -
Project: City Manager ing June 30, 2010, was ceived, filed, and ap-
recommending that the adopted. proved.
bids received for the Area Residential Care Liquor License Appli-
Five Points Traffic Sig- Partnership: City Man- cations: City Manager
nal Reconstruction ager recommending recommending appro-
Project be rejected. approval of pursuing a val of annual liquor li-
Upon motion the docu- Revitalize Iowa Infra- cense renewals as sub-
ments were received structure Program miffed. Upon motion
and filed and Resolu- grant to help fund a the documents were
tion No. 368-10 Reject- west side Keyline received and filed and
ing all competitive bids transfer center in part- Resolution No. 373-10
received for the Five nership with Area Resi- Granting the issuance
Points Traffic Signal dential Care. Upon mo- of a Class "B" Beer Per -
Reconstruction Project tion the documents mit (5-Day Special
was adopted. were received, filed, Event) to Chad
Arts and Economic and approved. Remakel for the Josh
Prosperity IV Study: Washington Neigh- Ryan Benefit; and Res -
City Manager recom- borhood / Housing olution No. 374-10
mending approval of Trust Fund Application: Granting the issuance
an agreement with City Manager recom- of a Class "LB"
Americans for the Arts mending approval of (Hotel/Motel) Beer/
to conduct an Arts Eco- the submission of a Liquor License to Hil-
nomic Impact Study in Housing Trust Fund ton Garden Inn/
Dubuque. Upon motion Grant Application to Houlihan Restaurant; a
the documents were the Iowa Finance Au- Class "C" Beer/Liquor
received, filed, and ap- thority in the amount License to Fiesta
proved. of $157,250 for contin- Cancun, The District,
Smart Planning Grant ued support of home- Grand River Center,
Application: City Man- ownership activities in Red Robin, Angies' Bar,
ager recommending the Washington Neigh- Fat Tuesday, Grand
approval of a letter of borhood. Upon motion Tap, Happy's Place and
support to the Rebuild the documents were Knicker's Saloon (1-
Iowa Office for a joint received and filed and Day Outdoor Sale); and
Smart Planning Local Resolution No. 372-10 a Special Class "C" Liq-
Comprehensive Plan- Approving commit- uor License (5-Day
ning Grant Application. ment of matching Special Event) to Dubu-
Upon motion the docu- funds for an applica- que Jaycees were
ments were received tion to the Iowa Fi- adopted.
and filed and Resolu- nance Authority (IFA) ITEMS TO BE SET FOR
tion No. 369-10 Author- for State Housing Trust PUBLIC HEARING
izing Smart Planning Funds was adopted. Motion by Lynch to
Grant Application was Homelessness Pre- receive and file the
adopted. vention and Rapid Re- documents, set the
Authorizing Resolu- Housing Program: City public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 6-0.
Request to Annex -
John Knepper: City
Manager recommend-
ing that a public hear-
ing be set for October
18, 2010 to consider a
request from John
Knepper to voluntarily
annex and rezone 2.79
acres of property on
the south side of the
City of Dubuque adja-
cent to Timber-Hyrst
Subdivision. Upon mo-
tion the documents
were received, filed,
and approved setting a
public hearing for a
meeting to commence
at 6:30 p.m. on October
18, 2010 in the Historic
Federal Building.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: City Manager rec-
ommending that a pub-
lic hearing be set for
November 15, 2010 to
consider a request
from the Dubuque Met-
ropolitan Area Solid
Waste Agency to vol-
untarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque. Upon motion
the documents were
received, filed, and ap-
proved setting a public
hearing for a meeting
to commence at 6:30
p.m. on November 15,
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:
Airport Commission:
One 4-year term
through September 14,
2012 (Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship Advisory Com-
mission - Additional
Applicants: One 3-year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards/Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3-year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3-year
terms through October
2, 2013. Seconded by
Connors. Motion car-
ried 6-0.
Housing Commission:
One 3-year term
through August 17,
2013 (Term of Eddy).
Applicant: Ricardo
Woods, 1535 Bluff
Street. Motion by Jones
to appoint Ricardo
Woods to the Housing
Commission for one 3-
year term through Au-
gust 2013. Seconded by
Resnick. Motion car-
ried 6-0.
Transit Advisory
Board: One 3-year term
through July 30, 2013
(Term of Scharnau).
Applicant: Rhonda
Knight, 250 W. 6th
Street. Motion by Con-
nors to appoint Rhonda
Knight to the Transit
Advisory Board for one
3-year term through
July 30, 2013. Seconded
by Lynch. Motion car-
ried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
5304 Pennsylvania Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider a
request from Bedrock
Development, LLC /
McFadden Family Part-
nership to rezone prop-
erty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6-0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C-2A
Mixed Use Neighbor-
hood District and C-2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Commission recom-
mending approval. Mo-
tion by Jones to receive
and file the documents
and that the require-
ment that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C-2 Neigh-
borhood Shopping Cen-
ter and C-2A Mixed Use
Neighborhood Dis-
tricts. Seconded by
Lynch. Motion carried
6-0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right-of-way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375-10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378-10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
second amendment tc
the Fiscal Year 2011
Budget and City Man-
ager recommending
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
380-10 Amending the
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6-0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381-10 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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6.0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Implementation of In-
tercultural Competen-
cy Training: City Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
ported on the specifics
of the state-of-the-art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
7:25 p.m. to go into
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6-0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
r Rent
r gar
m,
LR,
o+
le
6d' Clean, 3 duP lex type
building, mar office_g apartment &
Members soa�eo gar
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
Ridge Road, E. Dubu-
que, IL; and Dave
Schmitz, 1317 Curtis
Street.
• CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with Item #22 Alcohol
Compliance - Civil Pen-
alty for Lot One being
removed from the
agenda. Seconded by
Resnick. Motion car-
ried 6-0.
Minutes and Reports
Submitted: Airport
Commission of 8/2 and
8/16; Arts and Cultural
Affairs Advisory Com-
mission of 7/27; Cable
Community Telepro-
gramming Commission
of 8/26; City Council of
9/7; Environmental
Stewardship Advisory
Commission of 9/7;
Park and Recreation
Commission of 8/10;
Transit Board of Trust-
ees of 8/12; Zoning Ad-
visory Commission of
9/1; Zoning Board of
Adjustment of 8/26
Proof of publication of
the List of Claims and
Summary of Revenues
for month ended July
31,2010
Upon motion the
documents were re-
6000 sq. ft. space dim
60x100 with (3) 16' wide
overhead doors. Spac(
includes office w/showe.
and plentiful parking
Call Joe 563-590-4271
Multi -unit Property for Sale
McAleece Parking Lot
Reconstruction Project:
City Manager recom-
mending acceptance of
the McAleece Parking
Lot Reconstruction
Project as completed
by River City Paving in
the final contract
amount of $233,866.45.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 362-10 Accept-
ing the McAleece Park-
ing Lot Reconstruction
Project and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Utility Relocation Proj-
ect - 9th to loth Street
on Central Avenue:
City Manager recom-
g t
themendinUtilkayo
ty accepRelocationanceof
Project - 9th to loth
Street on Central Ave-
nue as completed
Top Grade Excavatingby,
Inc., in the final con-
tract amount of
$727,373.48. Upon mo-
tion the documents
were received and filed
and Resolution No. 363-
10 Accepting the Utility
Relocation Project - 9th
to loth Street on Cen-
tral Avenue and au-
thorizing payment of
the contract amount to
the contractor was
adopted.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase I:
City Manager recom-
mending acceptance of
the Historic White Wa-
ter Creek Bridge Relo-
cation Project - Phase I
as completed by Good-
win House Moving,
Inc., in the final con-
tract amount of
$19,500. Upon motion
the documents were
received and filed and
Resolution No. 364-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Southwest Arterial
Project - Consultant
Professional Services -
Supplemental Agree-
ment: City Manager
recommending appro-
val of the execution of
the Consultant Profes-
sional Services - Sup-
plemental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Upon motion the
documents were re-
ceived and filed and
Resolution No. 366-10
Approving the Consul-
tant Professional Serv-
ices - Supplemental
Agreement No. S' with
AECOM Technical Serv-
ices, Inc. for the final
engineering design
phase of the Southwest
Arterial project was
adopted.
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) for consultant
services regarding the
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements
Project. Upon motion
the documents were
received, filed, and ap-
proved.
Structural/Stability
Analysis of the Dubu-
que Levee and Flobd-
wall System: City Man-
ager recommending
approval of the selec-
tion of GEI Consultants
to provide a struc-
tural/stability analysis
of the Dubuque levee
and floodwall system.
Upon motion the docu-
ments were received,
filed, and approved.
Safe Routes to School
Program Funding: City
Manager recommend-
ing approval of the
submission of an appli-
cation to the Iowa De-
partment of Transpor-
tation for a $69,308
Safe Routes to School
Infrastructure Grant.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 367-10 Author-
izing the filing of an
application with the Io-
wa Department of
Transportation for a
Safe Routes to School
Infrastructure Grant
Funding for the City of
Dubuque was adopted.
Five Points Traffic
Signal Reconstruction
Project: City Manager
recommending that the
bids received for the
Five Points Traffic Sig-
nal Reconstruction
Project be rejected.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 368-10-Reject-
ing all competitive bids
received for the Five
Points Traffic Signal
Reconstruction Project
was adopted.
Arts and Economic
Prosperity IV Study:
City Manager recom-
mending approval of
an agreement with
Americans for the Arts
to conduct an Arts Eco-
nomic Impact Study in
Dubuque. Upon motion
the documents were
received, filed, and ap-
proved.
Smart Planning Grant
Application: City Man-
ager recommending
approval of a letter of
support to the Rebuild
Iowa Office for a joint
Smart Planning Local
Comprehensive Plan-
ning Grant Application.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 369-10 Author-
izing Smart Planning
Grant Application was
adopted.
Authorizing Resolu-
tions for Federal Trans-
it Administration (FTA)
Applications: City Man-
ager recommending
approval of a corrected
Authorization Resolu-
tion for FTA Applica-
tions 2010 which is
necessary for the Fed-
eral Transit Authority
to release Keyline
Transit's federal fund-
ing. Upon motion the
documents were re-
ceived and filed and
Resolution No. 370-10
Authorizing the filing
of applications with the
Federal Transit Admin-
istration, an operating
administration of the
United States Depart-
ment of Transporta-
tion, for federal trans-
portation assistance
authorized by 48 U.S.C.
Chapter 53, Title 23
United States Code and
other federal statutes
administered by the
Federal Transit Admin-
istration was adopted.
2010 Justice Assis-
tance Grant (JAG): City
Manager recommend-
ing acceptance of the
2010 Justice Assistance
Grant (JAG) in the
amount of $85,521.
Upon motion the docu-
ments were received,
filed, and approved.
Consolidated Annual
Performance and Eval-
uation Report (CAPER):
City Manager recom-
mending approval of
the submission of the
Consolidated Annual
Performance and Eval-
uation Report (CAPER)
to the U.S. Department
of Housing and Urban
Development Depart-
ment for the period of
July 1, 2009 through
June 30, 2010. Upon
motion the documents
were received and filed
and Resolution No. 371-
10 Authorizing the sub-
mission of a Consoli-
dated Annual Perform-
ance and Evaluation
Report (CAPER) for the
period commencing Ju-
ly 1, 2009 and conclud-
ing June 30, 2010, was
adopted.
Area Residential Care
Partnership: City Man-
ager recommending
approval of pursuing a
Revitalize Iowa Infra-
structure Program
grant to help fund a
west side Keyline
transfer center in part-
nership with Area Resi-
dential Care. Upon mo-
tion the documents
were received, filed,
and approved.
Washington Neigh-
borhood / Housing
Trust Fund Application:
City Manager recom-
mending approval of
the submission of a
Housing Trust Fund
Grant Application to
the Iowa Finance Au-
thority in the amount
of $157,250 for contin-
ued support of home-
ownership activities in
the Washington Neigh-
borhood. Upon motion
the documents were
received and filed and
Resolution No. 372-10
Approving commit-
ment of matching
funds for an applica-
tion to the Iowa Fi-
nance Authority (IFA)
for State Housing Trust
Funds was adopted.
Homelessness Pre-
vention and Rapid Re -
Housing Program: City
Manager transmitting
the City's response to
the U.S. Department of
Housing and Urban De-
velopment regarding
three areas of improve-
ment noted in the re-
cent evaluation of the
City's Homelessness
Prevention and Rapid
Re -Housing Program.
Upon motion the docu-
ments were received
and filed.
Dubuque County
Board of Supervisors:
Communication from
the Dubuque County
Board of Supervisors
advising that a public
hearing will be held on
September 27, 2010 re-
garding a Social Host
Ordinance for Dubuque
County. Upon motion
the document was re-
ceived and filed.
Alcohol Compliance -
Civil Penalty for Lot
One: City Manager rec-
ommending accept-
ance of the Acknow-
ledgement/Settlement
Agreement for a sec-
ond offense alcohol
compliance violation
for Lot One, 100 Main
Street. This item was
removed from the
agenda.
Airport Commission:
Communication from
Sue Hafkemeyer advis-
ing that she is resign-
ing from the Airport
Commission. Upon mo-
tion the document was
received and filed and
the resignation accept-
ed.
Signed Contracts:
Canadian National Rail-
road Track Easement
Release and USTs at
Former Public Works
Facility. Upon motion
the documents were
received and filed.
Liquor License Trans-
fer: Request of Rotary
Club of Dubuque to
transfer their liquor li-
cense to Kruse /
Wartham, 600 Century
Drive, on October 16,
2010. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 373-10
Granting the issuance
of a Class "B" Beer Per-
mit (5-Day Special
Event) to Chad
Remakel for the Josh
Ryan Benefit; and Res-
olution No. 374-10
Granting the issuance
of a Class "LB"
(Hotel/Motel) Beer/
Liquor License to Hil-
ton Garden Inn/
Houlihan Restaurant; a
Class "C" Beer/Liquor
License to Fiesta
Cancun, The District,
Grand River Center,
Red Robin, Angies' Bar,
Fat Tuesday, Grand
Tap, Happy's Place and
Knicker's Saloon (1-
Day Outdoor Sale); and
a Special Class "C" Liq-
uor (5-Day
Special Event) to Dubu-
que Jaycees were
adopted.License
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 6-0.
Request to Annex -
John Knepper: City
Manager recommend-
ing that a public hear-
ing be set for October
18, 2010 to consider a
request from John
Knepper to voluntarily
annex and rezone 2.79
acres of property on
the south side of the
City of Dubuque adja-
cent to Timber-Hyrst
Subdivision. Upon mo-
tion the documents
were received, filed,
and approved setting a
public hearing for a
meeting to commence
at 6:30 p.m. on October
18, 2010 in the Historic
Federal Building.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: City Manager rec-
ommending that a pub-
lic hearing be set for
November 15, 2010 to
consider a request
from the Dubuque Met-
ropolitan Area Solid
Waste Agency to vol-
untarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque. Upon motion
the documents were
received, filed, and ap-
proved setting a public
hearing for a meeting
to commence at 6:30
p.m. on November 15,
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:
Airport Commission:
One 4-year term
through September 14,
2012 (Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship AdvisoryCom-
mission - Additional
Applicants: One 3-year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards/Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3-year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3-year
terms through October
2, 2013. Seconded by
Connors. Motion car-
ried 6-0.
Housing Commission:
One 3-year term
through August 17,
2013 (Term of Eddy).
Applicant: Ricardo
Woods, 1535 Bluff
Street. Motion by Jones
to appoint Ricardo
Woods to the Housing
Commission for one 3-
year term through Au-
gust 2013. Seconded by
Resnick. Motion car-
ried 6-0.
Transit Advisory
Board: One 3-year term
through July 30, 2013
(Term of Scharnau).
Applicant: Rhonda
Knight, 250 W. 6th
Street. Motion by Con-
nors to appoint Rhonda
Knight to the Transit
Advisory Board for one
3-year term through
July 30, 2013. Seconded
by Lynch. Motion car-
ried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
5304 Pennsylvania Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider a
request from Bedrock
Development, LLC /
McFadden Family Part-
nership to rezone prop-
erty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6-0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C-2A
Mixed Use Neighbor-
hood District and C-2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Commission recom-
mending approval. Mo-
tion by Jones to receive
and file the documents
and that the require-
ment that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C-2 Neigh-
borhood Shopping Cen-
ter and C-2A Mixed Use
Neighborhood
tricts. Seconded by
Lynch. Motion carried
6-0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right-of-way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375-10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378-10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
second amendment to had be(
the Fiscal Year 2011 directioi
Budget and City Man- There
ager recommending they b
approval. Motion by motion 1
Connors to receive and adjourns
file the documents and /s/Jeans
adopt Resolution No.
380-10 Amending the It 9/29
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6-0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381-10 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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6-0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Impleentation of In-
tercultural Competen-
cy Training: mCity Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
Circles Program: which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
7:25
ported on theto specificsnto
of the state-of-the-art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
p.m. go i
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6-0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
for Rent
1ge ___
ar gar
rm,
in LR,
✓mo +
ible
roved.
016
rar
6000 sq. ft. space dim.
60x100 with (3) 16' wide
overhead doors. Spac(
includes office w/showe
and plentiful parking
Call Joe 563-590-4271
Multi -unit Property for Sale
Clean, 3 duplex type
building, apartment &
officer sre
1Ue�er5 — n"aL n„on ar
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September . 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
Ridge Road, E. Dubu-
que, IL; and Dave
Schmitz, 1317 Curtis
Street.
° CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with Item #22 Alcohol
Compliance - Civil Pen-
alty for Lot One being
removed from the
agenda. Seconded by
Resnick. Motion car-
ried 6-0.
Minutes and Reports
Submitted: Airport
Commission of 8/2 and
8/16; Arts and Cultural
Affairs Advisory Com-
mission of 7/27; Cable
Community Telepro-
gramming Commission
of 8/26; City Council of
9/7; Environmental
Stewardship Advisory
Commission of 9/7;
Park and Recreation
Commission of 8/10;
Transit Board of Trust-
ees of 8/12; Zoning Ad-
visory Commission of
9/1; Zoning Board of
Adjustment of 8/26
Proof of publication of
the List of Claims and
Summary of Revenues
for month ended July
31, 2010
Upon motion the
documents were re-
McAleece Parking Lot
Reconstruction Project:
City Manager recom-
mending acceptance of
the McAleece Parking
Lot Reconstruction
Project as completed
by River City Paving in
the final contract
amount of $233,866.45.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 362-10 Accept-
ing the McAleece Park-
ing Lot Reconstruction
Project and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Utility Relocation Proj-
ect - 9th to 10th Street
on Central Avenue:
City Manager recom-
mending acceptance of
the Utility Relocation
Project - 9th to 10th
Street on Central Ave-
nue as completed by
Top Grade Excavating,
Inc., in the final con-
tract amount of
$727,373.48. Upon mo-
tion the documents
were received and filed
and Resolution No. 363-
10 Accepting the Utility
Relocation Project 9th
to loth Street on Cen-
tral Avenue and au-
thorizing payment of
the contract amount to
the contractor was
adopted.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase I:
City Manager recom-
mending acceptance of
the Historic White Wa-
ter Creek Bridge Relo-
cation Project - Phase I
as completed by Good-
win House Moving,
Inc., in the final con-
tract amount of
$19,500. Upon motion
the documents were
received and filed and
Resolution No. 364-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Southwest Arterial
Project - Consultant
Professional Services -
Supplemental Agree-
ment: City Manager
recommending appro-
val of the execution of
the Consultant Profes-
sional Services - Sup-
plemental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Upon motion the
documents were re-
ceived and filed and
Resolution No. 366-10
Approving the Consul-
tant Professional Serv-
ices - Supplemental
Agreement No. 5 with
AECOM Technical Serv-
ices, Inc. for the final
engineering design
phase of the Southwest
Arterial project was
adopted.
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) for consultant
services regarding the
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements
Project. Upon motion
the documents were
received, filed, and ap-
proved.
Structural/Stability
Analysis of the Dubu-
que Levee and Flood -
wall System: City Man-
ager recommending
approval of the selec-
tion of GEI Consultants
to provide a struc-
tural/stability analysis
of the Dubuque levee
and floodwall system.
Upon motion the docu-
ments were received,
filed, and approved.
Safe Routes to School
Program Funding: City
Manager recommend-
ing approval of the
submission of an appli-
cation to the Iowa De-
partment of Transpor-
tation for a $69,308
Safe Routes to School
Infrastructure Grant.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 367-10 Author-
izing the filing of an
application with the Io-
wa Department of
Transportation for a
Safe Routes to School
Infrastructure Grant
Funding for the City of
Dubuque was adopted.
Five Points Traffic
Signal Reconstruction
Project: City Manager
recommending that the
bids received for the
Five Points Traffic Sig-
nal Reconstruction
Project be rejected.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 368-10 Reject-
ing all competitive bids
received for the Five
Points Traffic Signal
Reconstruction Project
was adopted.
Arts and Economic
Prosperity IV Study:
City Manager recom-
mending approval of
an agreement with
Americans for the Arts
to conduct an Arts Eco-
nomic Impact Study in
Dubuque. Upon motion
the documents were
received, filed, and ap-
proved.
Smart Planning Grant
Application: City Man-
ager recommending
approval of a letter of
support to the Rebuild
Iowa Office for a joint
Smart Planning Local
Comprehensive Plan-
ning Grant Application.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 369-10 Author-
izing Smart Planning
Grant Application was
adopted.
Authorizing Resolu-
tions for Federal Trans-
it Administration (FTA)
Applications: City Man-
ager recommending
approval of a corrected
Authorization Resolu-
tion for FTA Applica-
tions 2010 which is
necessary for the Fed-
eral Transit Authority
to release KeyLine
Transit's federal fund-
ing. Upon motion the
documents were re-
ceived and filed and
Resolution No. 370-10
Authorizing the filing
of applications with the
Federal Transit Admin-
istration, an operating
administration of the
United States Depart-
ment of Transporta-
tion, for federal trans-
portation assistance
authorized by 48 U.S.C.
Chapter 53, Title 23
United States Code and
other federal statutes
administered by the
Federal Transit Admin-
istration was adopted.
2010 Justice Assis-
tance Grant (JAG): City
Manager recommend-
ing acceptance of the
2010 Justice Assistance
Grant (JAG) in the
amount of $85,521.
Upon motion the docu-
ments were received,
filed, and approved.
Consolidated Annual
Performance and Eval-
uation Report (CAPER):
City Manager recom-
mending approval of
the submission of the
Consolidated Annual
Performance and Eval-
uation Report (CAPER)
to the U.S. Department
of Housing and Urban
Development Depart-
ment for the period of
July 1, 2009 through
June 30, 2010. Upon
motion the documents
were received and filed
and Resolution No. 371-
10 Authorizing the sub-
mission of a Consoli-
dated Annual Perform-
ance and Evaluation
Report (CAPER) for the
period commencing Ju-
ly 1, 2009 and conclud-
ing June 30, 2010, was
adopted.
Area Residential Care
Partnership: City Man-
ager recommending
approval of pursuing a
Revitalize Iowa Infra-
structure Program
grant to help fund a
west side Keyline
transfer center in part-
nership with Area Resi-
dential Care. Upon mo-
tion the documents
were received, filed,
and approved.
Washington Neigh-
borhood / Housing
Trust Fund Application:
City Manager recom-
mending approval of
the submission of a
Housing Trust Fund
Grant Application to
the Iowa Finance Au-
thority in the amount
of $157,250 for contin-
ued support of home-
ownership activities in
the Washington Neigh-
borhood. Upon motion
the documents were
received and filed and
Resolution No. 372-10
Approving commit-
ment of matching
funds for an applica-
tion to the Iowa Fi-
nance Authority (IFA)
for State Housing Trust
Funds was adopted.
Homelessness Pre-
vention and Rapid Re -
Housing Program: City
Manager transmitting
the City's response to
the U.S. Department of
Housing and Urban De-
velopment regarding
three areas of improve-
ment noted in the re-
cent evaluation of the
City's Homelessness
Prevention and Rapid
Re -Housing Program.
Upon motion the docu-
ments were received
and filed.
Dubuque County
Board of Supervisors:
Communication from
the Dubuque County
Board of Supervisors
advising that a public
hearing will be held on
September 27, 2010 re-
garding a Social Host
Ordinance for Dubuque
County. Upon motion
the document was re-
ceived and filed.
Alcohol Compliance -
Civil Penalty for Lot
One: City Manager rec-
ommending accept-
ance of the Acknow-
ledgement/Settlement
Agreement for a sec-
ond offense alcohol
compliance violation
for Lot One, 100 Main
Street. This item was
removed from the
agenda.
Airport Commission:
Communication from
Sue Hafkemeyer advis-
ing that she is resign-
ing from the Airport
Commission. Upon mo-
tion the document was
received and filed and
the resignation accept-
ed.
Signed Contracts:
Canadian National Rail-
road Track Easement
Release and USTs at
Former Public Works
Facility. Upon motion
the documents were
received and filed.
Liquor License Trans-
fer: Request of Rotary
Club of Dubuque to
transfer their liquor li-
cense to Kruse /
Wartham, 600 Century
Drive, on October 16,
2010. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 373-10
Granting the issuance
of a Class "B" Beer Per-
mit (5-Day Special
Event) to Chad
Remakel for the Josh
Ryan Benefit; and Res-
olution No. 374-10
Granting the issuance
of a Class "LB"
(Hotel/Motel) Beer/
Liquor License to Hil-
ton Garden Inn/
Houlihan Restaurant; a
Class "C" Beer/Liquor
License to Fiesta
Cancun, The District,
Grand River Center,
Red Robin, Angies' Bar,
Fat Tuesday, Grand
Tap, Happy's Place and
Knicker's Saloon (1-
Day Outdoor Sale); and
a Special Class "C" Liq-
uor License (5-Day
Special Event) to Dubu-
que Jaycees were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 6-0.
Request to Annex -
John Knepper: City
Manager recommend-
ing that a public hear-
ing be set for October
18, 2010 to consider a
request from John
Knepper to voluntarily
annex and rezone 2.79
acres of property on
the south side of the
City of Dubuque adja-
cent to Timber-Hyrst
Subdivision. Upon mo-
tion the documents
were received, filed,
and approved setting a
public hearing for a
meeting to commence
at 6:30 p.m. on October
18, 2010 in the Historic
Federal Building.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: City Manager rec-
ommending that a pub-
lic hearing be set for
November 15, 2010 to
consider a request
from the Dubuque Met-
ropolitan Area Solid
Waste Agency to vol-
untarily annex and
rezone 318.25 acres of
property on the west?
side of the City of Du-
buque. Upon motion
the documents were
received, filed, and ap-
proved setting a public
hearing for a meeting
to commence at 6:30
p.m. on November 15,
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:
Airport Commission:
One 4-year term
through September 14,
2012 (Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship Advisory Com-
mission - Additional
Applicants: One 3-year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards/Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3-year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3-year
terms through October
2, 2013. Seconded by
Connors. Motion car-
ried 6-0.
Housing Commission:
One 3-year term
through August 17,
2013 (Term of Eddy).
Applicant: Ricardo
Woods, 1535 Bluff
Street. Motion by Jones
to appoint Ricardo
Woods to the Housing
Commission for one 3-
year term through Au-
gust 2013. Seconded by
Resnick. Motion car-
ried 6-0.
Transit Advisory
Board: One 3-year term
through July 30, 2013
(Term of Scharnau).
Applicant: Rhonda
Knight, 250 W. 6th
Street. Motion by Con-
nors to appoint Rhonda
Knight to the Transit
Advisory Board for one
3-year term through
July 30, 2013. Seconded
by Lynch. Motion car-
ried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
5304 Pennsylvania Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider a
request from Bedrock
Development, LLC /
McFadden Family Part-
nership to rezone prop-
erty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304-
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6-0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C-2A
Mixed Use Neighbor-
hood District and C-2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Commission recom-
mending approval. Mo-
tion by Jones to receive
and file the documents
and that the require-
ment that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C-2 Neigh-
borhood Shopping Cen-
ter and C-2A Mixed Use
Neighborhood Dis-
tricts. Seconded by
Lynch. Motion carried
6-0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right-of-way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375-10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378-10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
second amendment to
the Fiscal Year 2011
Budget and City Man-
ager recommending
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
380-10 Amending the
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6-0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381-10 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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6-0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Implementation of In-
tercultural Competen-
cy Training: City Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
ported on the specifics
of the state-of-the-art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
7:25 p.m. to go into
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6-0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
had been give proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:51 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
1t 9/29
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 20, 2010 in
the Historic Federal
Building.
Present: Mayor Pro-
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was pro-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
RIpccpd Virnin Mary
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
{ao$1 ' ed.
Southwest Arterial
B d9 1 Project - Consultant
8 Professional Services -
Supplemental Agree-
•53W0 ment: City Manager
aaMa� recommending appro-
val of the execution of
/.I the Consultant Profes-
sional Services - Sup-
plemental th AECOM Technical
Services, Inc. for the fi-
:u nal engineering design
phase Arterial
Southwest rte ialproject, sub-
alject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Upon motion the
ceived and filed.
Notice of Claims/
Suits: Susan M.
Schetgen for personal
injury; Uneka Lewis vs.
City of Dubuque, et al.
Upon motion the docu-
ments were received,
filed and referred to
the City Attorney.
City Attorney advising
that the following
Funding for the City of
Dubuque was adopted.
Five Points Traffic
Signal Reconstruction
Project: City Manager
recommending that the
bids received for the
Five Points Traffic Sig-
nal Reconstruction
Project be rejected.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 368-10 Reject-
ing all competitive bids
received for the Five
Points Traffic Signal
Reconstruction Project
was adopted.
Arts and Economic
Prosperity IV Study:
City Manager recom-
mending approval of
an agreement with
Americans for the Arts
to conduct an Arts Eco-
nomic Impact Study in
Dubuque. Upon motion
the documents were
received, filed, and ap-
proved.
Smart Planning Grant
Application: City Man-
ager recommending
approval of a letter of
support to the Rebuild
Iowa Office for a joint
Smart Planning Local
Comprehensive Plan-
ning Grant Application.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 369-10 Author-
izing Smart Planning
Grant Application was
adopted.
Authorizing Resolu-
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Micah Mork
for property damage/
vehicle damage; Susan
Schetgen for personal
injury; Brandon Priem
for property damage.
Upon motion the docu-
ance and Evaluation
Report (CAPER) for the
period commencing Ju-
ly 1, 2009 and conclud-
ing June 30, 2010, was
adopted.
Area Residential Care
Partnership: City Man-
ager recommending
approval of pursuing a
Revitalize Iowa Infra-
structure Program
grant to help fund a
west side Keyline
transfer center in part-
nership with Area Resi-
dential Care. Upon mo-
tion the documents
were received, filed,
and approved.
Washington Neigh-
borhood / Housing
Trust Fund Application:
City Manager recom-
mending approval of
the submission of a
Housing Trust Fund
Grant Application to
the Iowa Finance Au-
thority in the amount
of $157,250 for contin-
ued support of home-
ownership activities in
the Washington Neigh-
borhood. Upon motion
the documents were
received and filed and
Resolution No. 372-10
Approving commit-
ment of matching
funds for an applica-
tion to the Iowa Fi-
nance Authority (IFA)
for State Housing Trust
Funds was adopted.
Homelessness Pre-
vention and Rapid Re -
Housing Program: City
Rentals
PUBLISHER'S NOTICE
All real estate
advertising in this
newspaper is subject
to the Federal Fair
Housing Act which
makes it illegal to
advertise "any
preference, limitation
Wartham, 600 Century
Drive, on October 16,
2010. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 373-10
Granting the issuance
of a Class "B" Beer Per-
mit (5-Day Special
Event) to Chad
Remakel for the Josh
Ryan Benefit; and Res-
olution No. 374-10
Granting the issuance
of a Class "LB"
(Hotel/Motel) Beer/
Liquor License to Hil-
ton Garden Inn/
Houlihan Restaurant; a
Class "C" Beer/Liquor
License to Fiesta
Cancun, The District,
Grand River Center,
Red Robin, Angies' Bar,
Fat Tuesday, Grand
Tap, Happy's Place and
Knicker's Saloon (1-
Day Outdoor Sale); and
a Special Class "C" Liq-
uor License (5-Day
Special Event) to Dubu-
que Jaycees were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, set the
public hearings as indi-
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
2012 (Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship Advisory Com-
mission - Additional
Applicants: One 3-year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards/Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3-year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3-year
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6-0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C-2A
Mixed Use Neighbor-
hood District and C-2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378-10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
ported on the specifics
of the state-of-the-art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
7:25 p.m. to go into
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6-0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
1
nty, Iowa,
ounty, Iowa.
had been give proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:51 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
It 9/29
or arm! If I
CITY OF DUBUQUE, ceived and filed.
IOWA Notice of Claims/
CITY COUNCIL Suits: Susan M.
PROCEEDINGS Schetgen for personal
The Dubuque City injury; Uneka Lewis vs.
Council met in regular City of Dubuque, et al.
session at 6:30 p.m. on Upon motion the docu-
September 20, 2010 in ments were received,
the Historic Federal filed and referred to
Building. the City Attorney.
Present: Mayor Pro- City Attorney advising
that the following
Tem Braig, Council
Members Connors,
Jones, Lynch, Resnick,
Voetberg (via tele-
phone), City Manager
Van Milligen, Assistant
City Attorney O'Brien
Absent: Mayor Buol
Mayor Pro-Tem Braig
read the call and stat-
ed this is a regular ses-
sion of the City Council
to act upon such busi-
ness that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was prd-
vided by Sister Dolores
McHugh, BVM, Sisters
of Charity of the
Blessed Virgin Mary
PROCLAMATIONS
Constitution Week
(September 17 - 23,
2010) was accepted by
Eileen Coursey, Daugh-
ters of the American
Revolution, 2222 Cen-
tral Avenue; Crop Walk
Day in Dubuque (Octo-
ber 3, 2010) was ac-
cepted by Dorothy
Krayer, 1205 Park
Street.; Arts and Hu-
manities Month (Octo-
ber 2010) was accept-
ed by Arts and Cultural
Affairs Advisory Com-
mission Chairperson
Geri Shafer, 1207 Ade-
line Street, and repre-
sentatives of the Dubu-
que Youth Ballet; and
Make a Will Month (Oc-
tober 2010) was ac-
cepted by Make a Will
Month Committee
Members Ric Jones,
1370 Dunleith Ct.; Joan
Ness, 7638 N. Indian
Ridge Road, E. Dubu-
que, IL; and Dave
Schmitz, 1317 Curtis
Street.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated re -
ere
documents w
with Item #22 Alcohol ceived and filedand
Compliance - Civil Pen- Resolution No. 366-10
removedalty for Lot One being Approving the Consul -
agenda. Secondedfrom the tant Professional Serv-
Resnick.Resncar-y ices - Supplemental
Motion Agreement No. 5 with
ried 6-0. AECOM Technical Serv-
Submitted: and Reports ices, Inc. for the final
Commission
Airport8/d engineering design
88o 6; Art oandf Cultural
and phase of the Southwest
Affairs
Arts yuCom- Arterial project was
mission of7Advisory7; Com- adopted.
it 7/27; Cable US 151/61 Twin Valley
CommunityCommission
Telepro- and Maquoketa Drive
of 8/26; g y Council of Safety Improvements:
of 8/26; City Council of City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) for consultant
services regarding the
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements
Project. Upon motion
the documents were
received, filed, and ap-
proved.
Structural/Stability
Analysis of the Dubu-
que Levee and Flood -
wall System: City Man-
ager recommending
approval of the selec-
were receive° ant rile° tion of GE! Consultants
and Resolution No. 363- to provide a struc-
10 Accepting the Utility tural/stability analysis
Relocation Project - 9th of the Dubuque levee
to loth Street on Cen- and floodwall system.
tral Avenue and au- Upon motion the docu-
thorizing payment of ments were received,
the contract amount to filed, and approved.
the contractor was Safe Routes to School
adopted. Program Funding: City
Historic White Water Manager recommend -
Creek' Bridge Reloca- ing approval of the
tion Project - Phase I: submission of an appli-
City Manager recom- cation to the Iowa De -
mending acceptance of partment of Transpor-
the Historic White Wa- tation for a $69,308
ter Creek Bridge Relo- Safe Routes to School
cation Project- Phase I Infrastructure Grant.
as completed by Good- Upon motion the docu-
win House Moving, ments were received
Inc., in the final con- and filed and Resolu-
tract amount of tion No. 367-10 Author-
$19,500. Upon motion izing the filing of an
the documents were application with the lo-
received and filed and wa Department of
Resolution No. 364-10 Transportation for a
Accepting the White Safe Routes to School
Water Creek Bridae Re- Infrastructure Grant
9/7; Environmental
Stewardship Advisory
Commission of 9/7;
Park and Recreation
Commission of 8/10;
Transit Board of Trust-
ees of 8/12; Zoning Ad-
visory Commission of
9/1; Zoning Board of
Adjustment of 8/26
Proof of publication of
the List of Claims and
Summary of Revenues
for month ended July
31, 2010
Upon motion the
documents were re-
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Micah Mark
for property damage/
vehicle damage; Susan
Schetgen for personal
injury; Brandon Priem
for property damage.
Upon motion the docu-
ments were received,
filed, and concurred.
Montrose Terrace
Stairs Reconstruction
Project: City Manager
recommending accept-
ance of the Montrose
Terrace Stairs Recon-
struction Project as
completed by Max
Smith Construction in
the final contract
.161111111.161.1
tions for Federal Trans-
it Administration (FTA)
Applications: City Man-
ager recommending
approval of a corrected
Authorization Resolu-
tion for FTA Applica-
tions 2010 which is
necessary for the Fed-
eral Transit Authority
to release KeyLine
Transit's federal fund-
ing. Upon motion the
documents were re-
ceived and filed and
Resolution No. 370-10
Authorizing the filing
of applications with the
Federal Transit Admin-
istration, an operating
administration of the
United States Depart-
ment of Transporta-
tion, for federal trans-
portation assistance
authorized by 48 U.S.C.
Chapter 53, Title 23
United States Code and
other federal statutes
administered by the
Federal Transit Admin-
istration was adopted.
2010 Justice Assis-
tance Grant (JAG): City
Manager recommend-
ing acceptance of the
2010 Justice Assistance
Grant (JAG) in the
amount of $85,521.
Upon motion the docu-
ments were received,
filed, and approved.
Consolidated Annual
Performance and Eval-
uation Report (CAPER):
City Manager recom-
mending approval of
the submission of the
Consolidated Annual
Performance and Eval-
uation Report (CAPER)
to the U.S. Department
of Housing and Urban
Development Depart-
ment for the period of
July 1, 2009 through
June 30, 2010. Upon
motion the documents
were received and filed
and Resolution No. 371-
10 Authorizing the sub-
mission of a Consoli-
dated Annual Perform -
amount of $46,880.80.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 361-10 Accept-
ing the Montrose Ter-
race Stairs Reconstruc-
tion Project and au-
thorizing payment of
the contractamount to F®`_ ,�
the contractor
1
was j' �/
adopted.
LuluQUE COUNTY
{SS:
CERTIFICATION OF PUBLICAT
I, Suzanne Pike, a Billing Clerk for Woodward Comi
corporation, publisher of the Telegraph Herald,a new
published in the City of Dubuque, County of Dubugi
certify that the attached notice was published in said
dates: September 29, 2010, and for which the charge
Subscribed to before me, a Notary Public in and for 1
this /ze day of , 20
/ARY K, WEraTERMEYER
000111119siori Nurnbigr 154885
P1 C6mrn._,Eg' E�: 1, 2011
Manager transmitting
the City's response to
the U.S. Department of
Housing and Urban De-
velopment regarding
three areas of improve-
ment noted in the re-
cent evaluation of the
City's Homelessness
Prevention and Rapid
Re -Housing Program.
Upon motion the docu-
ments were received
and filed.
Dubuque County
Board of Supervisors:
Communication from
the Dubuque County
Board of Supervisors
advising that a public
hearing will be held on
September 27, 2010 re-
garding a Social Host
Ordinance for Dubuque
County. Upon motion
the document was re-
ceived and filed.
Alcohol Compliance -
Civil Penalty for Lot
One: City Manager rec-
ommending accept-
ance of the Acknow-
ledgement/Settlement
Agreement for a sec-
ond offense alcohol
compliance violation
for Lot One, 100 Main
Street. This item was
removed from the
agenda.
Airport Commission:
Communication from
Sue Hafkemeyer advis-
ing that she is resign-
ing from the Airport
Commission. Upon mo-
tion the document was
received and filed and
the resignation accept-
ed.
Signed Contracts:
Canadian National Rail-
road Track Easement
Release and USTs at
Former Public Works
Facility. Upon motion
the documents were
received and filed.
Liquor License Trans-
fer; Request of Rotary
Club of Dubuque to
transfer their liquor li-
cense to Kruse /
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 6-0.
Request to Annex -
John Knepper: City
Manager recommend-
ing that a public hear-
ing be set for October
18, 2010 to consider a
request from John
Knepper to voluntarily
annex and rezone 2.79
acres of property on
the south side of the
City of Dubuque adja-
cent to Timber-Hyrst
Subdivision. Upon mo-
tion the documents
were received, filed,
and approved setting a
public hearing for a
meeting to commence
at 6:30 p.m. on October
18, 2010 in the Historic
Federal Building.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: City Manager rec-
ommending that a pub-
lic hearing be set for
November 15, 2010 to
consider a request
from the Dubuque Met-
ropolitan Area Solid
Waste Agency to vol-
untarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque. Upon motion
the documents were
received, filed, and ap-
proved setting a public
hearing for a meeting
to commence at 6:30
p.m. on November 15,
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:
Airport Commission:
One 4-year term
throuah September 14.
Notary Public in and fi
terms through October
2, 2013. Seconded by
Connors. Motion car-
ried 6-0.
Housing Commission:
One 3-year term
through August 17,
2013 (Term of Eddy).
Applicant: Ricardo
Woods, 1535 Bluff
Street. Motion by Jones
to appoint Ricardo
Woods to the Housing
Commission for one 3-
year term through Au-
gust 2013. Seconded by
Resnick. Motion car-
ried 6-0.
Transit Advisory
Board: One 3-year term
through July 30, 2013
(Term of Scharnau).
Applicant: Rhonda
Knight, 250 W. 6th
Street. Motion by Con-
nors to appoint Rhonda
Knight to the Transit
Advisory Boardfor one
3-year term through
July 30, 2013. Seconded
by Lynch. Motion car-
ried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
5304 Pennsylvania Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider a
request from Bedrock
Development, LLC /
McFadden Family Part-
nership to rezone prop-
erty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for nassaae at two
Commission reconi- sec
mending approval. Mo- the
tion by Jones to receive Buo
and file the documents ago
and that the require- apl
ment that a proposed Col
ordinance be consid- file
ered and voted on for ado
passage at two Council 38C
meetings prior to the Fisi
meeting at which it is et.
to be passed be sus- Mo
pended. Seconded by S
Lynch. Planning Serv- tal
ices Manager Laura put
Carstens provided a of
staff report adding that cor
personal services in- of
clude health and beau- $10
ty care services, which en'
are provided for other Not
areas of the Unified De- er
velopment Code. Mo- prc
tion carried 6-0. Jon
Motion by Jones for fi- file
nal consideration and ado
passage of Ordinance 381
No. 54-10 Amending Ti- cee
tle 16 of the City of Du- tor
buque Code of Ordi- the
nances, Unified Devel- and
opment Code, by AgI
amending Article 5, sue
Zoning Districts, to cee
eliminate Personal Re
Services as a permitted Nol
use in the C-2 Neigh- Col
borhood Shopping Cen- rie
ter and C-2A Mixed Use UI
Neighborhood Dis- we
tricts. Seconded by ing
Lynch. Motion carried Cit.
6-0.
Petition to Vacate a Ir
Portion of Van Buren ter
Street at lsborn Ave- cy
nue: Proof of publica- ago
tion on notice of public apl
hearing to consider tra
vacating and disposing imi
of a portion of Van Bu- Int
ren Street right-of-way ter
to David and Bambi Bo;
Roth and City Manager me
recommending appro- me
val. Motion by Lynch to Co
receive and file the Mc
documents and adopt red
Resolution No. 375-10 do,
Approving the plat of pro
proposed vacated por- da
tion of Van Buren Jor
Street east of (shorn 6-C
,tuwo0 au! ' d 10011 e.
,uei 1-
paw onlID Ma d
uado /n^ u ea s1a1-1
,ovls sdeo ti/E 1 Mau
.a6e.e6 , v' d `wooa
`ooseas p `vs PI uow
!" •inuew.uo16uixal
anjl Rj Looz
8ZX09
autl
JUDScrlDe(1 to DeTOre me, a 1VOtary ruD11c In ana Tor UUDUque l;ounty, Iowa,
this la" day of
MARY K, WESTERMEYER
Co fn1§§i0f1 Numb9f 154585
My rdmrtjEJt FEA:1,._2011
•
°'ram s -.�
:0--/-�z) , 20 /M
McAleece Parking Lot
Reconstruction Project:
City Manager recom-
mending acceptance of
the McAleece Parking
Lot Reconstruction
Project as completed
by River City Paving in
the final contract
amount of $233,866.45.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 362-10 Accept-
ing the McAleece Park-
ing Lot. Reconstruction
Project and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Utility Relocation Proj-
ect - 9th to 10th Street
on Central Avenue:
City Manager recom-
mending acceptance of
the Utility Relocation
Project - 9th to 10th
Street on Central Ave-
nue as completed by
Top Grade Excavating,
Inc., in the final con-
tract amount of
$727,373.48. Upon mo-
tion the documents
were received and filed
and Resolution No. 363-
10 Accepting the Utility
Relocation Project - 9th
to 10th Street on Cen-
tral Avenue and au-
thorizing payment of
the contract amount to
the contractor was
adopted.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase I:
City Manager recom-
mending acceptance of
the Historic White Wa-
ter Creek Bridge Relo-
cation Project - Phase I
as completed by Good-
win House Moving,
Inc., in the final con-
tract amount of
$19,500. Upon motion
the documents were
received and filed and
Resolution No. 364-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase I and authorizing
payment of the con-
tract amount to the
contractor was adopt-
ed.
Historic White Water
Creek Bridge Reloca-
tion Project - Phase II:
City Manager recom-
mending acceptance of
the White Water Creek
Bridge Relocation Proj-
ect - Phase II as com-
pleted by Heiar Paint-
ing Company in the fi-
nal contract amount of
$54,860. Upon motion
the documents were
received and filed and
Resolution No. 365-10
Accepting the White
Water Creek Bridge Re-
location Project -
Phase II and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Southwest Arterial
Project - Consultant
Professional Services -
Supplemental Agree-
ment: City Manager
recommending appro-
val of the execution of
the Consultant Profes-
sional Services - Sup-
plemental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Upon motion the
documents were re-
ceived and filed and
Resolution No. 366-10
Approving the Consul-
tant Professional Serv-
ices - Supplemental
Agreement No. 5 with
AECOM Technical Serv-
ices, Inc. for the final
engineering design
phase of the Southwest
Arterial project was
adopted.
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals
(RFP) for consultant
services regarding the
US 151/61 Twin Valley
and Maquoketa Drive
Safety Improvements
Project. Upon motion
the documents were -
received, filed, and ap-
proved.
Structural/Stability
Analysis of the Dubu-
que Levee and Flood -
wall System: City Man-
ager recommending
approval of the selec-
tion of GEI Consultants
to provide a struc-
tural/stability analysis
of the Dubuque levee
and floodwall system.
Upon motion the docu-
ments were received,
filed, and approved.
Safe Routes to School
Program Funding: City
Manager recommend-
ing approval of the
submission of an appli-
cation to the Iowa De-
partment of Transpor-
tation for a $69,308
Safe Routes to School
Infrastructure Grant.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 367-10 Author-
izing the filing of an
application with the Io-
wa Department of
Transportation for a
Safe Routes to School
Infrastructure Grant
Funding for the City of
Dubuque was adopted.
Five Points Traffic
Signal Reconstruction
Project: City Manager
recommending that the
bids received for the
Five Points Traffic Sig-
nal Reconstruction
Project be rejected.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 368-10 Reject-
ing all competitive bids
received for the Five
Points Traffic Signal
Reconstruction Project
was adopted.
Arts and Economic
Prosperity IV Study:
City Manager recom-
mending approval of
an agreement with
Americans for the Arts
to conduct an Arts Eco-
nomic Impact Study in
Dubuque. Upon motion
the documents were
received, filed, and ap-
proved.
Smart Planning Grant
Application: City Man-
ager recommending
approval of a letter of
support to the Rebuild
Iowa Office for a joint
Smart Planning Local
Comprehensive Plan-
ning Grant Application.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 369-10 Author-
izing Smart Planning
Grant Application was
adopted.
Authorizing Resolu-
tions for Federal Trans-
it Administration (FTA)
Applications: City Man-
ager recommending
approval of a corrected
Authorization Resolu-
tion for FTA Applica-
tions 2010 which is
necessary for the Fed-
eral Transit Authority
to release KeyLine
Transit's federal fund-
ing. Upon motion the
documents were re-
ceived and filed and
Resolution No. 370-10
Authorizing the filing
of applications with the
Federal Transit Admin-
istration, an operating
administration of the
United States Depart-
ment of Transporta-
tion, for federal trans-
portation assistance
authorized by 48 U.S.C.
Chapter 53, Title 23
United States Code and
other federal statutes
administered by the
Federal Transit Admin-
istration was adopted.
2010 Justice Assis-
tance Grant (JAG): City
Manager recommend-
ing acceptance of the
2010 Justice Assistance
Grant (JAG) in the
amount of $85,521.
Upon motion the docu-
ments were received,
filed, and approved.
Consolidated Annual
Performance and Eval-
uation Report (CAPER):
City Manager recom-
mending approval of
the submission of the
Consolidated Annual
Performance and Eval-
uation Report (CAPER)
to the U.S. Department
of Housing and Urban
Development Depart-
ment for the period of
July 1, 2009 through
June 30, 2010. Upon
motion the documents
were received and filed
and Resolution No. 371-
10 Authorizing the sub-
mission of a Consoli-
dated Annual Perform-
ance and Evaluation
Report (CAPER) for the
period commencing Ju-
ly 1, 2009 and conclud-
ing June 30, 2010, was
adopted.
Area Residential Care
Partnership: City Man-
ager recommending
approval of pursuing a
Revitalize Iowa Infra-
structure Program
grant to help fund a
west side Keyline
transfer center in part-
nership with Area Resi-
dential Care. Upon mo-
tion the documents
were received, filed,
and approved.
Washington Neigh-
borhood / Housing
Trust Fund Application:
City Manager recom-
mending approval of
the submission of a
Housing Trust Fund
Grant Application to
the Iowa Finance Au-
thority in the amount
of $157,250 for contin-
ued support of home-
ownership activities in
the Washington Neigh-
borhood. Upon motion
the documents were
received and filed and
Resolution No. 372-10
Approving commit-
ment of matching
funds for an applica-
tion to the Iowa Fi-
nance Authority (IFA)
for State Housing Trust
Funds was adopted.
Homelessness Pre-
vention and Rapid Re -
Housing Program: City
Manager transmitting
the City's response to
the U.S. Department of
Housing and Urban De-
velopment regarding
three areas of improve-
ment noted in the re-
cent evaluation of the
City's Homelessness
Prevention and Rapid
Re -Housing Program.
Upon motion the docu-
ments were received
and filed.
Dubuque County
Board of Supervisors:
Communication from
the Dubuque County
Board of Supervisors
advising that a public
hearing will be held on
September 27, 2010 re-
garding a Social Host
Ordinance for Dubuque
County. Upon motion
the document was re-
ceived and filed.
Alcohol Compliance -
Civil Penalty for Lot
One: City Manager rec-
ommending accept-
ance of the Acknow-
ledgement/Settlement
Agreement for a sec-
ond offense alcohol
compliance violation
for Lot One, 100 Main
Street. This item was
removed from the
agenda.
Airport Commission:
Communication from
Sue Hafkemeyer advis-
ing that she is resign-
ing from the Airport
Commission. Upon mo-
tion the document was
received and filed and
the resignation accept-
ed.
Signed Contracts:
Canadian National Rail-
road Track Easement
Release and USTs at
Former Public Works
Facility. Upon motion
the documents were
received and filed.
Liquor License Trans-
fer: Request of Rotary
Club of Dubuque to
transfer their liquor li-
cense to Kruse /
Wartham, 600 Century
Drive, on October 16,
2010. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 373-10
Granting the issuance
of a Class "B" Beer Per-
mit (5-Day Special
Event) to Chad
Remakel for the Josh
Ryan Benefit; and Res-
olution No. 374-10
Granting the issuance
of a Class "LB"
(Hotel/Motel) Beer/
Liquor License to Hil-
ton Garden Inn/
Houlihan Restaurant; a
Class "C" Beer/Liquor
License to Fiesta
Cancun, The District,
Grand River Center,
Red Robin, Angles' Bar,
Fat Tuesday, Grand
Tap, Happy's Place and
Knicker's Saloon (1-
Day Outdoor Sale); and
a Special Class "C" Liq-
uor License (5-Day
Special Event) to Dubu-
que Jaycees were
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 6-0.
Request to Annex -
John Knepper: City
Manager recommend-
ing that a public hear-
ing be set for October
18, 2010 to consider a
request from John
Knepper to voluntarily
annex and rezone 2.79
acres of property on
the south side of the
City of Dubuque adja-
cent to Timber-Hyrst
Subdivision. Upon mo-
tion the documents
were received, filed,
and approved setting a
public hearing for a
meeting to commence
at 6:30 p.m. on October
18, 2010 in the Historic
Federal Building.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: City Manager rec-
ommending that a pub-
lic hearing be set for
November 15, 2010 to
consider a request
from the Dubuque Met-
ropolitan Area Solid
Waste Agency to vol-
untarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque. Upon motion
the documents were
received, filed, and ap-
proved setting a public
hearing for a meeting
to commence at 6:30
p.m. on November 15,
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:
Airport Commission:
One 4-year term
through September 14,
2012 (Term of Cze-
shinski). Applicants:
Dan Nicholson, 889
Walker Street; and
Amy Wagner, 4555
Camelot Drive. Mr.
Nicholson and Ms.
Wagner spoke in sup-
port of their appoint-
ment.
Environmental Stew-
ardship Advisory Com-
mission - Additional
Applicants: One 3-year
term through October
1, 2013 (Term of
Suarez). Applicants:
Will Hoyer, 486 Clarke
Drive; Kenneth Miller,
195 Julien Dubuque
Drive; Adita Sinha, 900
South Grandview Ave-
nue; Stacy Splittstoes-
ser, 1694 Radford Road,
#18. Ms. Sinha and Ms.
Splittstoesser spoke in
support of their ap-
pointment.
Appointments to the
following Boards/Com-
missions:
Environmental Stew-
ardship Advisory Com-
mission: Two 3-year
terms through October
1, 2013 (Terms of
Buelow & Oberdoer-
ster). Applicants: Mi-
chael Buelow, 2131
Graham Circle; and
Chad Oberdoerster,
420 Summit Street. Mo-
tion by Lynch to ap-
point Michael Buelow
and Chad Oberdoerster
to the Environmental
Stewardship Advisory
Commission for 3-year
Notary Public in and for Dubuque County, Iowa.
terms through October
2, 2013. Seconded by
Connors. Motion car-
ried 6-0.
Housing Commission:
One 3-year term
through August 17,
2013 (Term of Eddy).
Applicant: Ricardo
Woods, 1535 Bluff
Street. Motion by Jones
to appoint Ricardo
Woods to the Housing
Commission for one 3-
year term through Au-
gust 2013. Seconded by
Resnick. Motion car-
ried 6-0.
Transit Advisory
Board: One 3-year term
through July 30, 2013
(Term of Scharnau).
Applicant: Rhonda
Knight, 250 W. 6th
Street. Motion by Con-
nors to appoint Rhonda
Knight to the Transit
Advisory Board for one
3-year term through
July 30, 2013. Seconded
by Lynch. Motion car-
ried 6-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
5304 Pennsylvania Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider a
request from Bedrock
Development, LLC /
McFadden Family Part-
nership to rezone prop-
erty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended.
Seconded by Jones.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Ed Graham, 1965 Fire-
stone Drive, Bedrock
Development, spoke in
support of the request.
Motion carried 6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 53-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 5304
Pennsylvania Avenue
from AG Agricultural
District to R-3 Moder-
ate Density Multi -
Family Residential Dis-
trict. Seconded by
Jones. Motion carried
6-0.
Request for Text
Amendment: Proof of
publication on notice
of public hearing to
consider a request
from the City of Dubu-
que to amend Article 5
- Unified Development
Code to delete Person-
al Services as an al-
lowed use in the C-2A
Mixed Use Neighbor-
hood District and C-2
Neighborhood Shop-
ping Center District
and Zoning Advisory
Commission recom-
mending approval. Mo-
tion by Jones to receive
and file the documents
and that the require-
ment that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report adding that
personal services in-
clude health and beau-
ty care services, which
are provided for other
areas of the Unified De-
velopment Code. Mo-
tion carried 6-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 54-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 5,
Zoning Districts, to
eliminate Personal
Services as a permitted
use in the C-2 Neigh-
borhood Shopping Cen-
ter and C-2A Mixed Use
Neighborhood Dis-
tricts. Seconded by
Lynch. Motion carried
6-0.
Petition to Vacate a
Portion of Van Buren
Street at Isborn Ave-
nue: Proof of publica-
tion on notice of public
hearing to consider
vacating and disposing
of a portion of Van Bu-
ren Street right-of-way
to David and Bambi
Roth and City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 375-10
Approving the plat of
proposed vacated por-
tion of Van Buren
Street east of Isborn
Avenue; Resolution No.
376-10 Vacating a por-
tion of Van Buren
Street east of Isborn
Avenue; and Resolution
No. 377-10 Disposing of
City interest in Lot 97A
of Lenox Addition in
the City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 6-0.
Bunker Hill Irrigation
Renovation Project:
Proof of publication on
notice of public hear-
ing to consider the
plans and specifica-
tions, form of contract
and estimated cost for
the Bunker Hill Irriga-
tion Renovation Project
and City Manager rec-
ommending approval
and award of the con-
tract to Midwest Irriga-
tion, LLC in the amount
of $159,380. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
378-10 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Bunker Hill Irrigation
Renovation Project;
and Resolution No. 379-
10 Awarding contract
for the Bunker Hill Irri-
gation Renovation Proj-
ect. Seconded by Con-
nors. Motion carried 6-0.
Fiscal Year 2011 Budg-
et - Second Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider the
second amendment to
the Fiscal Year 2011
Budget and City Man-
ager recommending
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
380-10 Amending the
Fiscal Year 2011 Budg-
et. Seconded by Jones.
Motion carried 6-0.
Sewer Revenue Capi-
tal Loan Notes: Proof of
publication on notice
of public hearing to
consider the issuance
of not to exceed
$10,100,000 Sewer Rev-
enue Capital Loan
Notes and City Manag-
er recommending ap-
proval. Motion by
Jones to receive and
file the documents and
adopt Resolution No.
381-10 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 $10,100,000 Sewer
Revenue Capital Loan
Notes. Seconded by
Connors. Motion car-
ried 6-0.
Upon motion the rules
were suspended limit-
ing discussion to the
City Council.
ACTION ITEMS
Implementation of In-
tercultural Competen-
cy Training: City Man-
ager recommending
approval of a pilot
training program for
implementation of the
Intercultural Compe-
tency Training for
Board and Commission
members as recom-
mended by the Safe
Community Task Force.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Circles Program: City
Manager advising that
the City is going to be-
gin implementing the
Bridges Initiative,
which is the umbrella
concept that incorpo-
rates three programs:
Bridges Out of Poverty
training, Getting Ahead
in a Just-Gettin'-By
World training and the
Circles Program, which
is consistent with the
Safe Community Task
Force recommendation
regarding a major City-
wide human relations
effort. Motion by Jones
to receive and file the
documents. Seconded
by Connors. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Jones thanked the
representatives of the
Dubuque Youth Ballet
for attending and re-
ported on the specifics
of the state-of-the-art
fire truck on display
prior to the meeting.
CLOSED SESSION
Motion by Jones at
7:25 p.m. to go into
closed session to dis-
cuss security proce-
dures and emergency
preparedness matters
pursuant to Chapter
21.5(1) Code of Iowa.
Seconded by Lynch.
Motion carried 6-0.
Upon motion the City
Council reconvened in
open session at 7:50
p.m. stating that staff
had been give proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:51 p.m.
is/Jeanne F. Schneider,
CMC, City Clerk
1t 9/29