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Proof of Publication_City Council Proceedings 10 4 10Legal Notices CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on October 4, 2010 in the Historic Federal Build- ing. Present: Mayor Pro - Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro -Tem Braig read the call and stat- ed this is a special ses- sion of the City Council to conduct a closed session in accordance with Chapter 21.5(1)(c) (j) Code of Iowa. Motion by Connors to go into closed session at 5:31 p.m. regarding pending litigation pur- suant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 6 -0. Upon motion the City Council reconvened in open session stating that staff had been giv- en proper direction. There being no fur- ther business, upon motion the City Council adjourned at 6:26 p.m. /s /Jeanne F. Schneider, CMC, City Clerk It 10/13 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 4, 2010 in the Historic Federal Build- ing. Present: Mayor Pro - Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl 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 Reverend Lynn Spicer of Faith contractor was adopt- ed. Chavenelle Road Pavement Repair Proj- ect: City Manager rec- ommending accept- ance of the Chavenelle Road Pavement Repair Project as completed by Horsfield Construc- tion, Inc., in the final contract amount of $37,986.10. Upon mo- tion the documents were received and filed and Resolution No. 383- 10 Accepting the Cha- venelle Road Pavement Repair Project and au- thorizing payment of the contract amount to the contractor was adopted. Third Street Overpass Wall and Sidewalk Re- pair Project: City Man- ager recommending acceptance of the Third Street Overpass Wall and Sidewalk Re- pair Project as com- pleted by Tschiggfrie Excavating Company in the final contract amount of $41,554.76. Upon motion the docu- ments were received and filed and Resolu- tion No. 384 -10 Accept- ing the Third Street Overpass Wall and Sidewalk Repair Proj- ect and authorizing payment of the con- tract amount to the contractor was adopt- ed. Rescind Lease Agree- ment - Dubuque Brui- sers Football Team: City Manager recom- mending approval of rescinding the lease agreement between the City and Dubuque Bruisers Football Team for a portion of Roose- velt Park. Upon motion the documents were received, filed, and ap- proved. 2010 Census Aware- ness Campaign Sum- mary: City Manager transmitting the Cen- sus 2010 Awareness Campaign Summary Report. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Planning Services Man- ager Laura Carstens for her work. Motion carried 6 -0. Iowa Clean Air Attain- ment Program and the Job Access Reverse Commute Program: City Manager recom- mending approval of an application for a $225,907 grant from tha Inwa CIaan Air At- and the Locust Stree Ramp. Upon motion th4 documents were re ceived and filed an Resolution No. 388-1C Re- Lighting the Fiftl Street Ramp and Lo cust Street Ramp war adopted. Plat of Survey - Dubu que Technology Par #3: City Manager re ommending approv of a plat to subdivid Lot 1 of the Dubuqu Technology Park #3 t accommodate the d velopment plans sut mitted by Conlon Johr son Development, LL for the Sedgwick e� pansion. Upon moti the documents we received and filed a Resolution No. 389 - Approving plat of s vey of Lot 1 of 1 ar Lot 2 of 1 in Dubugr Technology Park #3 the City of Dubuqu Iowa, was adopted. Dubuque Coun' Board of Supervisor Communication froi the Dubuque Count Board of Supervisors t the Federal Emergent Management Agenc in support of the Cit of Dubuque's technica appeal of the FEW preliminary DFIRM Upon motion the docu ments were receive( and filed. International Econom is Development Coun cil: Media release fron the International Eco nomic Developmen Council announcing that the City of Dubu que has received al Excellence in Economi Development Awarr for the Historic Roshe Building Redevelop ment in the category c Public- Private Partner ships. Press release ar nouncing that th Greater Dubuque D( velopment Corporatic was recognized for E cellence in Econom Development for the Dubuque Works - .� Workforce Initiative the category of Hum Capital from the Int national Economic velopment Council. Upon motion t documents were r ceived and filed. Historic Millwork D trict Complete Stree TIGER Grant: City Man ager recommendini approval of the final TI GER grant fundin, agreement for the His toric Millwork Distric r'mmnlatp Strapts Prni STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION 1, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 13, 2010, and for which the charge is $264.52. MARY K WESTERMEYER f Commission Number 154885 - '•9v C- rnm. Exp PER. 1, 201 P(A19 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /g-of day of , 20 /p . Notary Public in and for Dubuque County, Iowa. Legal Notices CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on October 4, 2010 in the Historic Federal Build- ing. Present: Mayor Pro- tion Commission of 9/14 Library Board of Trustees Update from the meeting of August 26, 2010 Proof of publication of City Council Proceed- ings of September 7, 2010 (Work Session and Regular Session) Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Cyndi Harker for property damage; Don- ald Berg for vehicle damage; James Nor- man for property dam- age. Upon motion the documents were re- ceived, filed and refer- red to the City Attor- ney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Dan and Molly Fitzsimmons for property damage; Don- ald Berg for vehicle damage; Cyndi Harker for property damage; James Norman for property damage. Upon motion the docu- ments were received, filed and concurred. Pennsylvania Avenue - IA 32 to Vizaleea Drive Safety Improve contractor was adopt- and the Locust Stree ed. Ramp. Upon motion th Chavenelle Road documents were re Pavement Repaif Proj- ceived and filed an ect: City Manager rec- Resolution No. 388-10 ommending accept- Re -Lighting the Fiftl ance of the Chavenelle Street Ramp and Lo Road Pavement Repair cust Street Ramp wa: Project as completed adopted. by Horsfield Construc- Plat of Survey - Dubu tion, Inc., in the final que Technology Par contract amount of #3: City Manager rec $37,986.10. Upon mo- ommending approv tion the documents of a plat to subdivid were received and filed Lot 1 of the Dubuqu fl�$iffl'C'dh't2r5'SerOR:'>r Trmen:' opJir Yiit tWi Area Competition the documents were (SAC) Grant. Upon mo- received and filed and tion the documents Resolution No. 391-10 were received, filed, Granting the issuance and approved. of a Class "C" Beer Support for Safe Permit to Hy-Vee Gas Routes to School Infra- #2 and Holy Ghost structure Grant: Letter Church; and Resolution of support from the No. 392-10 Granting the Health Services De- issuance of a Class "C" partment for the City Beer/Liquor License to of Dubuque's applica- Denny's Lux Club and tion for a Safe Routes Loras College; and a to School Infrastruc- Class "WBN Native ture Grant. Upon mo- Wine" to Solon Lang- tion the document was worthy House were received and filed. adopted. Government Finance ITEM TO BE SET FOR Officers Association: . PUBLIC HEARING Communication from Motion by Lynch to the Government Fi- receive and file the nance Officers Associ- documents, adopt the ation advising that the resolution, set the pub - City has received the lic hearing as indicat- Distinguished Budget ed, and direct the City Presentation Award for Clerk to publish notice the current budget and as prescribed by law. that a Certificate of Seconded by Resnick. Recognition for Budget Motion carried 6-0. Presentation has been Amended and presented to Budget Restated Development Director Jennifer M. Agreement - Conlon Larson. Motion by Johnson Development, Voetberg to receive LLC: City Manager rec- and file the document. ommending that a pub - Seconded by Connors. lic hearing be set for Voetberg commended October 18, 2010 to Budget Director Jenny consider an Amended Larson for her work. and Restated Develop - Motion carried 6-0. ment Agreement with Office of the Gover- Conlon / Johnson to ac- nor: Communication commodate the Com- from Govern Chester J. pany's continued Culver and Lt Governor growth in the Technol- Patty Judge informing ogy Park. Upon motion Paul Schultz that he the documents were ments Project: City has been appointed as received and filed and Manager recommend- a member of the Green Resolution No. 393-10 ing acceptance of the Advisory Committee. Intent to dispose of an Pennsylvania Avenue - Motion by Voetberg to interest in City of Du - IA 32 to Vizaleea Drive receive and file the buque real estate and Safety Improvements t. Seconded fixing the date'for a • coin e e Acceptance for the Ala- mo site in the Historic Millwork District to de- velop parking to sup- port redevelopment of the District. Motion by Connors to receive and file the documents and adopt Resolution No. 394-10 Approving an agreement for the pur- chase of real estate in the Historic Millwork District, City of Dubu- que, Iowa, commonly referred to as the Ala- mo site, from Ware- house Redevelopment, LLC. Seconded by Jones. Responding to questions from the City Council, Economic De- velopment Director Dave Heiar stated that the percentage of pub- lic parking versus pri- vate parking is not known yet and will be determined by the final design and developer needs. Motion carried 6-0. Lot One, LLC Settle- ment Agreement: City Manager recommend- ing approval of the Set- tlement / Acknowl- edgement Agreement of Lot One, LLC, and communication from Joseph Zwack, Lot One, LLC, regarding the Al- cohol Compliance Set- tlement Agreement. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 6-0. Protect as pl t d document. Safe Community Advi- by McDermott Excava- by Connors. Voetberg public hearing of the sory Committee: City ting in the final con- commended Resource City Council of the City Manager recommend - tract amount of Management Coordi- of Dubuque, Iowa on ing approval of the cre- $316,390.70. Upon mo- nator Paul Schultz for the proposed issuance ation of the Safe Com- tion the documents his work. Motion car- of Urban Renewal Tax munity Advisory Com- were received and filed ried 6-0. Increment Revenue mittee. Motion by Con - and Resolution No. 382- Re -Lighting the Fifth Obligations and the ex- nors to receive and file 10 Accepting the Penn- Street Ramp and Lo- ecution of an Amended the documents and sylvania Avenue - IA 32 cust Street Ramp: City and Restated Develop- that the requirement to Vizaleea Drive - Manager recommend- ment Agreement relat- that a proposed ordi- Safety Improvements ing approval of two ing thereto with Conlon nance be considered Project and authorizing contracts with Twist- Johnson Development, and voted on for pas - payment of the con- HDM/Limelight for re- LLC, and providing for sage at two Council tract amount to the placement lighting in the publication of no- meetings prior to the the Fifth Street Ramp tice thereof was adopt- meeting at which it is STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 13, 2010, and for which the charge is $264.52. 3 P(L Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /8a day of ��� 'At/ ) , 20 %O . Notary Public in and for Dubuque County, Iowa. 1/2_,„,rARy. K. WESTERMEYER , ommission Number 154885 ,o.; v Comm. Exp,_FEf3, 1, 2011 Legal Notices CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on October 4, 2010 in the Historic Federal Build- ing. Present: Mayor Pro- Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Braig read the can and stat- ed this is a special ses- sion of the City Council to conduct a closed session in accordance with Chapter 21.5(1)(c) (1) Code of Iowa. Motion by Connors to go into closed session at 5:31 p.m. regarding pending litigation pur- suant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 6-0. Upon motion the City Council reconvened in open session stating that staff had been giv- en proper direction. There being no fur- ther business, upon motion the City Council adjourned at 6:26 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 10/13 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 4, 2010 in the Historic Federal Build- ing. Present: Mayor Pro- Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Braig read the can 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 Reverend Lynn Spicer of Faith Temple United Pente- costal Church PRESENTATIONS 2010 Census Partner- ship Recognition was presented by Planning Services Manager Laura Carstens. International Econom- ic Development Council - Excellence in Eco- nomic Development Award was presented by Economic Develop- ment Director Dave Heiar. PROCLAMATIONS Week without Vio- lence (October 10 - 16, 2010) was accepted by Sr. Cherie Bulko of the Dubuque Community Y, 35 N. Booth Street; White Cane Safety Day (October 15, 2010); Na- tional Save .for Retire- ment Week (October 17 - 23, 2010) was ac- cepted- by Personnel Manager Randy Peck; Niemann-Pick Disease Awareness Month (Oc- tober 2010); Trick or Treat Night (October 31, 2010) was accepted by Mayor Pro-Tem Braig. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Voetberg requested (#7) 2010 Census Awareness Campaign Summary; (#13) Gov- ernment Finance Offi- cers Association; and (#14) Office of the Governor be held for separate discussion. Connors requested (#20) All -Star Com- munity for Sustaina- bility Initiative be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Coun- cil of 9/20; Historic Preservation Commis- sion of 9/16; Housing Commission of 8/24; Housing Commission Trust Fund of 8/27 and 9/23; Park and Recrea- tion Commission of 9/14 Library Board of Trustees Update from the meeting of August 26,2010 Proof of publication of City Council Proceed- ings of September 7, 2010 (Work Session and Regular Session) Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Cyndi Harker for property damage; Don- ald Berg for vehicle damage; James Nor- man for property dam - contractor was adopt- ed. Chavenelle Road Pavement Repair Proj- ect: City Manager rec- ommending accept- ance of the Chavenelle Road Pavement Repair Project as completed by Horsfield Construc- tion, Inc., in the final contract amount of $37,986.10. Upon mo- tion the documents were received and filed and Resolution No. 383- 10 Accepting the Cha- venelle Road Pavement Repair Project and au- thorizing- payment of the contract amount to the contractor was adopted. Third Street Overpass Wall and Sidewalk Re- pair Project: City Man- ager recommending acceptance of the Third Street Overpass Wall and Sidewalk Re- pair Project as com- pleted by Tschiggfrie Excavating Company in the final contract amount of $41,554.76. Upon motion the docu- ments were received and filed and Resolu- tion No.384-10 Accept- ing the Third Street Overpass Wall and Sidewalk Repair Proj- ect and authorizing payment of the con- tract amount to the contractor was adopt- ed. Rescind Lease Agree- ment - Dubuque Brui- sers Football Team: City Manager recom- mending approval of rescinding the lease agreement between the City and Dubuque Bruisers Football Team for a portion of Roose- velt Park. Upon motion the documents were received, filed, and ap- proved. 2010 Census Aware- ness Campaign Sum- mary: City Manager transmitting the Cen- sus 2010 Awareness Campaign Summary Report. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Planning Services Man- ager Laura Carstens for her work. Motion carried 6-0. Iowa Clean Air Attain- ment Program and the Job Access Reverse Commute Program: City Manager recom- mending approval of an application for a $225,907 grant from the Iowa Clean Air At- tainment Program (ICAAP) and a $30,058 grant from the Job Ac- cess Reverse Commute Program. Upon motion the documents were received and filed and Resolution No. 385-10 Authorizing an applica- tion for funding from the Iowa Clean Air At- tainment Program to create a bus route that serves the west end shopping centers; and Resolution No. 386-10 Authorizing an applica- tion for continuation funding from the Job Access Reverse Com- mute Program for a bus route serving the Industrial Park and In- dustrial Park West were adopted. Community Founda- tion of Greater Dubu- que: Mediareleasean- nouncing that the Community Foundation of Greater Dubuque has received a $205,500 grant from the John S. and James L. Knight Foundation. Upon mo- tion the document was received and filed. Application for HUD Healthy Homes / Lead Paint Hazard Control Program Funding: City Manager recommend- ing approval of an ap- plication to the U.S. De- partment of Housing and Urban Develop- ment for continuation of the Lead Paint Haz- ard Control Program. Upon motion the docu- ments were received and filed and Resolu- tion No. 387-10 Author- izing the Mayor to exe- cute an application for a HUD Lead Paint Haz- ard Control and Healthy Homes Pro- gram -Grant was adopt- ed. Crescent Community Health Center Federal Grant Renewal: ' City Manager recommend- ing approval of a letter of support for the Cres- cent Community Health Center's Service Area Competition (SAC) Grant. Upon mo- tion the documents were received, filed, and approved. Support for Safe Routes to School Infra- structure Grant: Letter of support from the Health Services De- partment for the City of Dubuque's applica- tion for a Safe Routes to School Infrastruc- ture Grant. Upon mo- tion the document was received and filed. Government Finance Officers Association: r.nmmnniratinn frnm and the Locust Street Ramp. Upon motion the documents were re- ceived and filed and Resolution No. 388-10 Re -Lighting the Fifth Street Ramp and Lo- cust Street Ramp was adopted. Plat of Survey - Dubu- que Technology Park #3: City Manager rec- ommending approval of a plat to subdivide Lot 1 of the Dubuque Technology Park #3 to accommodate the de- velopment plans sub- mitted by Conlon John- son Development, LLC for the Sedgwick ex- pansion. Upon motion the documents were received and filed and Resolution No. 389-10 Approving plat of sur- vey of Lot 1 of 1 and Lot 2 of 1 in Dubuque Technology Park #3 in the City of Dubuque, Iowa, was adopted. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors to the Federal Emergency Management Agency in support of the City of Dubuque's technical appeal of the FEMA preliminary DFIRM. Upon motion the docu- ments were received and filed. International Econom- ic Development Coun- cil: Media release from the International Eco- nomic Development Council announcing that the City of Dubu- que has received an Excellence in Economic Development Award for the Historic Roshek Building Redevelop- ment in the category of Public -Private Partner- ships. Press release an- nouncing that the Greater Dubuque De- velopment Corporation was recognized for Ex- cellence in Economic Development for their Dubuque Works - A Workforce Initiative in the category of Human Capital from the Inter- national Economic De- velopment Council. Upon motion the documents were re- ceived and filed. Historic Millwork Dis- trict Complete Streets TIGER Grant: City Man- ager recommending approval of the final TI- GER grant funding agreement for the His- toric Millwork District Complete Streets Proj- ect. Upon motion the documents were re- ceived, filed, and ap- proved. All -Star Community for Sustainability Initia- tive: Press release an- nouncing that the Iowa League of Cities has recognized the City of Dubuque as a 2010 All - Star Community for its sustainability initiative. Motion by Connors to receive and file the documents. Seconded by Resnick. Connors presented the award. Motion carried 6-0. RECAT Grant Applica- tion for Bee Branch Creek Restoration Proj- ect: City Manager rec- ommending approval of a Notice of Intent to Apply form and Resolu- tion for a RECAT grant application for the Bee Branch Creek Restora- tion Project to Vision Iowa. Upon motion the documents were re- ceived and filed and Resolution No. 390-10 Support of RECAT Pro- gram Application for funding for the Bee Branch Creek Restora- tion. Project was adopt- ed. AmeriCorps Partners in Learning Supple- mental Grant Award: City Manager recom- mending • approval of the execution of the supplemental grant agreement with the Io- wa Commission on Vol- unteer Service for the City of Dubuque AmeriCorps Program. Upon motion the docu- ments were received, filed, and approved. Open Burning: Com- munication from Joan E. Wehrspann, P.O. Box 632, regarding open burning. Upon motion the documents were received and filed. 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. 391-10 Granting the issuance of a Class "C" Beer Permit to Hy-Vee Gas #2 and Holy Ghost Church; and Resolution No. 392-10 Granting the issuance of a Class "C" Beer/Liquor License to Denny's Lux Club and Loras College; and a Class "WBN Native Wine" to Solon Lang - worthy House were adopted. ITEM TO BE SET FOR . PUBLIC HEARING Mntinn by I vnrh to ed setting a public hearing for a meeting to commence at 6:30 p.m. on October 18, 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: Housing Trust Fund Advisory Committee: One 3-year term through September 8; 2013 (Term of Walsh). Applicant: John Walsh, 3116 Spring Valley Road. Appointments to the following Boards/Com- missions: Airport Commission: One 4-year term through September 14, 2012 (Term of Cze- shinski-Hafkemeyer). Applicants: Dan Nichol- son, 889 Walker Street; Amy Wagner, 4555 Camelot Drive. Upon roll -call vote, Amy Wagner was appointed to the Airport Commis- sion for one 4-year term through Septem- ber 8, 2013. Environmental Stew- ardship Advisory Com- mission: 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; and Stacy Splittstoesser, 1694 Radford Road, #18. Upon roll -call vote, Adita Sinah was ap- pointed to the Environ- mental Stewardship Advisory Commission for one 3-year term through October 1, 2013. ACTION ITEMS Convention and Visi- tors Bureau Quarterly Report: Keith Rahe, Convention and Visi- tors Bureau, to provide a verbal quarterly re- port. Motion by Lynch to receive and file the documents. Seconded by Resnick. Motion car- ried 6-0. Upper Main Street Na- tional Register of His- toric Places District: Historic Preservation Commission recom- mending approval of an amendment to the Upper Main Street Na- tional Register of His- toric Places District to include 909 Main Street (the Fischer Building), 951 Main Street, 955 Main Street and 965 Main Street. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Jones. Motion carried 6-0. Schroeder -Kleine Gro- cer Company Ware- house and M.M. Walker Company Warehouse: Historic Preservation Commission recom- mending that the Schroeder -Kleine Gro- cer Company Ware- house and M.M. Walker Company Warehouse be nominated to the National Register of Historic Places. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Jones. Motion carried 6-0. Walker's Shoe Store: Historic Preservation Commission recom- mending that the Walker Shoe Store building be nominated to the National Regis- ter of Historic Places. Motion by Voetberg to receive and file the documents and ap- prove the recommen- dation. Seconded by Jones. Motion carried 6-0. Washington Street and East 22nd Street Historic District: His- toric Preservation Commission recom- mending that the Washington Street and East 22nd Street His- toric District be nomi- nated to the National Register of Historic Places. Motion by Con- nors to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 6-0. Historic Millwork Dis- trict Parking: City Man- ager recommending approval of an Offer to Buy Real --state--and- Acceptance for the Ala- mo site in the Historic Millwork District to de- velop parking to sup- port redevelopment of the District. Motion by Connors to receive and file the documents and adopt Resolution No. 394-10 Approving an agreement for the pur- chase of real estate in the Historic Millwork District, City of Dubu- que, Iowa, commonly referred to as the Ala- mo site, from Ware- house Redevelopment, LLC. Seconded by Innac Pacnnnrlinn to to be passed be sus- pended. Seconded by Resnick. Responding to questions from the City Council, Van Milligen stated that the dura- tion of the committee can be extended be- yond the recommend- ed sunset date of De- cember 31, 2011. Con- nors asked that current Safe Community Task Force members and j subcommittee mem- bers be solicited for membership. Voetberg stated that the Task Force's list of recom- mendations be noted as such and not as rec- ommendations from the City Council. Jones stated that he believes it is the responsibility of the Council to imple- ment the recommenda- tions of the Task Force and this measure may slow the process. Con- nors and Resnick stat- ed they favored the sunset extension op- tion. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 55-10 Creating, a Safe Community Advi- sory Committee. Se- conded by Voetberg. Motion carried 5-1 with Jones voting nay. Iowa Great Places Video: City Manager transmitting informa- tion on the City of Du- buque's Iowa Great Places Designation and the Iowa Great Places Video. Motion by Con- nors to receive and file the documents. Se- conded by Resnick. As- sistant City Manager Cindy Steinhauser in- troduced and present- ed the video. Motion carried 6-0. Continued Implemen- tation of IBM Smarter City Partnership: City Manager recommend- ing continued imple- mentation of the Smar- ter City Partnership with IBM into the area of vehicle miles trav- eled. Motion by Jones to receive and file the documents and ap prove the recommerTON dation. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on attending the recent Iowa League of Cities Conference and the Glimmer of Hope - Do- mestic Violence Awareness event. Braig reported on at- tending the HEART din- ner and program. CLOSED SESSION Motion by Lynch to go into closed session at 7:52 p.m. regarding Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 6-0. Upon motion the City Council reconvened in open session at 9:19 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 9:20 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 10/13 OF IOWA {SS: UE COUNTY CERTIFICATION OF PUBLICATION ce, a Billing Clerk for Woodward Communications, Inc., an Iowa lublisher of the Telegraph Herald,a newspaper of general circulation he City of Dubuque, County of Dubuque and State of Iowa; hereby e attached notice was published in said newspaper on the following 13, 2010, and for which the charge is $264.52. before me, a Notary Public in and for Dubuque County, Iowa, day of ,20 ro Notary Public in and for Dubuque County, Iowa. L AR WESTERMEYER Commission Number 154885 4y Comm. Exp, FEB. 1, 2011 ARY MK. 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 Reverend Lynn Spicer of Faith Temple United Pente- costal Church PRESENTATIONS 2010 Census Partner- ship Recognition was presented by Planning Services Manager Laura Carstens. International Econom- ic Development Council - Excellence in Eco- nomic Development Award was presented by Economic Develop- ment Director Dave Heiar. PROCLAMATIONS Week without Vio- lence (October 10 - 16, 2010) was accepted by Sr. Charla Bulko of the Dubuque Community Y, 35 N. Booth Street; White Cane Safety Day (October 15, 2010); Na- tional Save for Retire- ment Week (October 17 - 23, 2010) was ac- cepted by Personnel Manager Randy Peck; Niemann-Pick Disease Awareness Month (Oc- tober 2010); Trick or Treat Night (October 31, 2010) was accepted by Mayor Pro-Tem Braig. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Voetberg requested (#7) 2010 Census Awareness Campaign Summary; (#13) Gov- ernment Finance Offi- cers Association; and (#14) Office of the Governor be held for separate discussion. Connors requested (#20) All -Star Com- munity for Sustaina- bility Initiative be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: City Coun- cil of 9/20; Historic Preservation Commis- sion of 9/16; Housing Commission of 8/24; Housing Commission Trust Fund of 8/27 and 9/23; Park and Recrea- tion Commission of 9/14 Library Board of Trustees Update from the meeting of August 26,2010 Proof of publication of City Council Proceed- ings of September 7, 2010 (Work Session and Regular Session) Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Cyndi Harker for property damage; Don- ald Berg for vehicle damage; James Nor- man for property dam- age. Upon motion the documents were re- ceived, filed and refer- red to the City Attor- ney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Dan and Molly Fitzsimmons for property damage; Don- ald Berg for vehicle damage; Cyndi Harker for property damage; James Norman for property damage. Upon motion the docu- ments were received, filed and concurred. Pennsylvania Avenue - IA 32 to Vizaleea Drive - Safety Improve- ments Project: City Manager recommend- ing acceptance of the Pennsylvania Avenue - IA 32 to Vizaleea Drive - Safety Improvements Project as completed by McDermott Excava- ting in the final con- tract amount of $316,390.70. Upon mo- tion the documents were received and filed and Resolution No. 382- 10 Accepting the Penn- sylvania Avenue - IA 32 to Vizaleea Drive - Safety Improvements Project and authorizing payment of the con- tract amount to the vuewerg -commendeu Planning Services Man- ager Laura Carstens for her work. Motion carried 6-0. Iowa Clean Air Attain- ment Program and the Job Access Reverse Commute Program: City Manager recom- mending approval of an application for a $225,907 grant from the Iowa Clean Air At- tainment Program (ICAAP) and a $30,058 grant from the Job Ac- cess Reverse Commute Program. Upon motion the documents were received and filed and Resolution No. 385-10 Authorizing an applica- tion for funding from the Iowa Clean Air At- tainment Program to create a bus route that serves the west end shopping centers; and Resolution No. 386-10 Authorizing an applica- tion for continuation funding from the Job Access Reverse Com- mute Program for a bus route serving the Industrial Park and In- dustrial Park West. were adopted. Community Founda- tion of Greater Dubu- que: Mediareleasean- nouncing that the Community Foundation of Greater Dubuque has received a $205,500 grant from the John S. and James L. Knight Foundation. Upon mo- tion the document was received and filed. Application for HUD Healthy Homes / Lead Paint Hazard Control Program Funding: City Manager recommend- ing approval of an ap- plication to the U.S. De- partment of Housing and Urban Develop- ment for continuation of the Lead Paint Haz- ard Control Program. Upon motion the docu- ments were received and filed and Resolu- tion No. 387-10 Author- izing the Mayor to exe- cute an application for a HUD Lead Paint Haz- ard Control and Healthy Homes Pro- gram Grant was adopt- ed. Crescent Community Health Center Federal Grant Renewal: ' City Manager recommend- ing approval of a letter of support for the Cres- cent Community Health Center's Service Area Competition (SAC) Grant. Upon mo- tion the documents were received, filed, and approved. Support for Safe Routes to School lnfra- structure Grant: Letter of support from the Health Services De- partment for the City of Dubuque's applica- tion for a Safe Routes to School Infrastruc- ture Grant. Upon mo- tion the document was received and filed. Government Finance Officers Association: Communication from the Government Fi- nance Officers Associ- ation advising that the City has received the Distinguished Budget Presentation Award for the current budget and that a Certificate of Recognition for Budget Presentation has been presented to Budget Director Jennifer M. Larson. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Budget Director Jenny Larson for her work. Motion carried 6-0. Office of the Gover- nor: Communication from Govern Chester J. Culver and Lt Governor Patty Judge informing Paul Schultz that he has been appointed as a member of the Green Advisory Committee. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Resource Management Coordi- nator Paul Schultz for his work. Motion car- ried 6-0. Re -Lighting the Fifth Street Ramp and Lo- cust Street Ramp: City Manager recommend- ing approval of two contracts with Twist- HDM/Limelight for re- placement lighting in the Fifth Street Ramp national tconomlc De- velopment Council. Upon motion the documents were re- ceived and filed. Historic Millwork Dis- trict Complete Streets TIGER Grant: City Man- ager recommending approval of the final TI- GER grant funding agreement for the His- toric Millwork District Complete Streets Proj- ect. Upon motion the documents were re- ceived, filed, and ap- proved. All -Star Community for Sustainability Initia- tive: Press release an- nouncing that the Iowa League of Cities has recognized the City of Dubuque as a 2010 All - Star Community for its sustainability initiative. Motion by Connors to receive and file the documents. Seconded by Resnick. Connors presented the award. Motion carried 6-0. RECAT Grant Applica- tion for Bee Branch Creek Restoration Proj- ect: City Manager rec- ommending approval of a Notice of Intent to Apply form and Resolu- tion for a RECAT grant application for the Bee Branch Creek Restora- tion Project to Vision Iowa. Upon motion the documents were re- ceived and filed and Resolution No. 390-10 Support of RECAT Pro- gram Application for funding for the Bee Branch Creek Restora- tion. Project was adopt- ed. AmeriCorps Partners in Learning Supple- mental Grant Award: City Manager recom- mending• approval of the execution of the supplemental grant agreement with the lo- • wa Commission on Vol- unteer Service for the City of Dubuque AmeriCorps Program. Upon motion the docu- ments were received, filed, and approved. Open Burning: Com- munication from Joan E. Wehrspann, P.O. Box 632, regarding open burning. Upon motion the documents were received and filed. 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. 391-10 Granting the issuance of a Class "C" Beer Permit to Hy-Vee Gas #2 and Holy Ghost Church; and Resolution No. 392-10 Granting the issuance of a Class "C" Beer/Liquor License to Denny's Lux Club and Loras College; and a Class "WBN Native Wine" to Solon Lang - worthy House were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolution, set the pub- lic hearing as indicat- ed, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. Amended and Restated Development Agreement - Conlon Johnson Development, LLC: City Manager rec- ommending that a pub- lic hearing be set for October 18, 2010 to consider an Amended and Restated Develop- ment Agreement with Conlon / Johnson to ac- commodate the Com- pany's continued growth in the Technol- ogy Park. Upon motion the documents were received and filed and Resolution -No. 393-10 Intent to dispose of an interest in City •of Du- buque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the ex- ecution of an Amended and Restated Develop- ment Agreement relat- ing thereto with Conlon Johnson Development, LLC, and providing for the publication of no- tice thereof was adopt- aocuments. Seconded by Resnick. Motion car- ried 6-0. Upper Main Street Na- tional Register of His- toric Places District: Historic Preservation Commission recom- mending approval of an amendment to the Upper Main Street Na- tional Register of His- toric Places District to include 909 Main Street (the Fischer Building), 951 Main Street, 955 Main Street and 965 Main Street. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Jones. Motion carried 6-0. Schroeder -Kleine Gro- cer Company Ware- house and M.M. Walker Company Warehouse: Historic Preservation Commission recom- mending that the Schroeder -Kleine Gro- cer Company Ware- house and M.M. Walker Company Warehouse be nominated to the National Register of Historic Places. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Jones. Motion carried 6-0. Walker's Shoe Store: Historic Preservation Commission recom- mending that the Walker Shoe Store building be nominated to the National Regis- ter of Historic Places. Motion by Voetberg to receive and file the documents and ap- prove the recommen- dation. Seconded by Jones. Motion carried 6-0. Washington Street and East 22nd Street Historic District: His- toric Preservation Commission recom- mending that the Washington Street and East 22nd Street His- toric District be nomi- nated to the National Register of Historic Places. Motion by Con- nors to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 6-0. Historic Millwork Dis- trict Parking: City Man- ager recommending approval of an Offer to Buy Real Estate--and- Acceptance for the Ala- mo site in the Historic Millwork District to de- velop parking to sup- port redevelopment of the District. Motion by Connors to receive and file the documents and adopt Resolution No. 394-10 Approving an agreement for the pur- chase of real estate in the Historic Millwork District, City of Dubu- que, Iowa, commonly referred to as the Ala- mo site, from Ware- house Redevelopment, LLC. Seconded by Jones. Responding to questions from the City Council, Economic De- velopment Director Dave Heiar stated that the percentage of pub- lic parking versus pri- vate parking is not known yet and will be determined by the final design and developer needs. Motion carried 6-0. Lot One, LLC Settle- ment Agreement: City Manager recommend- ing approval of the Set- tlement / Acknowl- edgement Agreement of Lot One, LLC, and communication from Joseph Zwack, Lot One, LLC, regarding the Al- cohol Compliance Set- tlement Agreement. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Voetberg. Motion car- ried 6-0. Safe Community Advi- sory Committee: City Manager recommend- ing approval of the cre- ation of the Safe Com- munity Advisory Com- mittee. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is prove the recommen- dation. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on attending the recent Iowa League of Cities Conference and the Glimmer of Hope - Do- mestic Violence Awareness event. Braig reported on at- tending the HEART din- ner and program. CLOSED SESSION Motion by Lynch to go into closed session at 7:52 p.m. regarding Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Resnick. Motion car- ried 6-0. Upon motion the City Council reconvened in open session at 9:19 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 9:20 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 10/13 i • • innnl T. r7GJl Ct-SMCTCH Commission Number 154885 My Comm, Exp FER, 1, 2011