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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 4308 1:8 l '218 Z 09x71 '8 Vs Z 718 Z 08x91 5865 - Z£9 -008 'S3WOH 213W13HNb0H JaMau JO 9L, 'awoy pasn Jnoit Jo; gseo ted a/N w07'6U I Sn0yspJ nq'MMM £6ZL o; df1 •sawoy IIOZ IIE uo paonpei SaoiJd :uol;onpatl tJo ;uanul jeAeJ3 not taenlJd ay; aney'gawoy Mau Jnoit aas 0; I0I0 - 9SS-Egg lE EUUOO IIPD iONIAII 1N3W1MVdV AO 3311d )IV3MS 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 41.08 'V8 T 'a8 Z 09xgT 8 Ve Z '218 Z 08x9T S869-Z£9-008 .S311OH 2131A1I3HN JOH JaMau Jo gL, `awoy pasn JnoJC J0) gseo Red am w 00'60I Sn0gspJ nq'MMM £6ZL-995-£9S'0009$ o} do •sawo4 TTOZ-aid Ile uo paonpaJ saoud :uol}onpaa AJo}uanul IaneJ3 noA Koenud a4} ane4'8 awo4 VB Z 118 £ Mau JnoA aas o} TOM -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