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