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Proof of Publication_City Council Proceedings 10 3 1111 Authorizing erne- 7 gericy;y ire�Jairs +tor e : retaining Wall on -Street a nd *Waled Street pavement Was .adopted.'' Median StreetRetain- Wal l Emergency Repair Authorization: ;,CEy Manager re¢diiil mending' authorization for, the emergency 'repair of the Madt Street retaining vi/all and associated street pavement and side - Walk portions �Upofi motion the• documents were received and filed and Resolution Na 329-, .11 Authorizing, enter: gency repairs to the retaining Wall on ,Madison;Street and the associated street'pave- ment and sidewalk portions was adopted. Southwest Arterial / • U.S. Highway 20 Traffic Capacity Improvement Study: City Manager recommending appro- val for the Mayor to execute the Iowa Department of Trans- portation Eunding Agreement for the Southwest Arterial U.S. Highway 20 Traffic Capacity- -Improvement Study. Upon motion the documents were received and filed and Resolution No: 330 -11 Approving the Iowa Department of Trans- portation Funding Agreement (Agree- . ment No. - 2012 -16 -011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was adopted. • Terracon Consultants, Inc. - Monitoring Well Installations: City Man - ager recommending approval to execute a License Agreement for Site Assessments for the monitoring well installation on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resolution No: 342 -11 Authorizing license agreement for site -assessment between the City of Dubuque -and - Terracon Consul tants, Inc., to install monitoring wells on public right -of -way at 25 Main Street was adopted. Historic Preservation Commission - 1699 Iowa Street: Communi- cation from the Historic Preservation Commission recom- mending City Council, approval of a request to replace a section of damaged limestone curb with concrete steps along W. 17th Street adjacent to property at 1699 Iowa Street. Upon motion CITY OF RIIBUQUE, • • '10�Y'I�1ITA� ;tertz Y!{COUNCIL"P' PROCEEDINGS • The Dubuque City Council met 'in, regular session on •OCtober3, 2011 at 6:30 the Historic, • Federal Budding. -Present: Mayor Buol; Council Members ' Braig, Connors:, Jones, Lynch, Resnick' Sutton; Gity Manager ;. lan Milligen; 'City'Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the,pprpose of dis- cussingi such matters which . may: propeyly dome before the .'Sity Council. [ Pledge of 4l agiances • Invocation,, was Provided ',:. by , Sr. Michelle e , .OSF, gity,;Clei k,.,K`eyrrr,∎ §- ' Firnstahl Mayor Buol introduced" 'I.an Fitz- gibbon- end,Greg Bruce of the Anternational City /County. Managers Association (ICMA) Fellowship - ' Exchange 'program from Austra- lia. Mr. Fitzgibbon and Mr. Bruce each spoke of their • experiences whi'Ie m Dubuque: Pl2ESENiATLONS Iowa Leagtle of Cities All -Star Community Award i- Unified Developrn�ent Code was pre- sented to Mayor •Buol • by Planning Services • ' Manager Laura Carstens. A brief video from the Iowa League of Cities was presented. Preservation' Iowa Award - Historic Shot Tower was presented to 'Mayor• Buol by Planning • ,Services Laura Carstens. • PROCLAMATIONS White Cane Safety Day (October 15, 2011) was accepted by Bob Nester, President of the Dubuque • Association for the Blind, 1200 S. Grandview Avenue, and on behalf ofthe Tri- e °9ItY :fro '4 i;Ea517r�r end; MaW,fifir ithrrg to', publish +notice an a Update 5 i" the thereo 'was "adopte*ti; AugUSt 1,Q• A sf 24 ,11iGashingtertNefghbbl=" •and! ptgmberi44 • :beodrro,Hdu'sj,�ngOliriast 2011 Ifilan 9. un rptppl+caho Ciiitt, ad,* m,trneet H onager -lee ' +; ndd ;' and ittesq,•lof athe ,oar .approv j"bf ti rAnt,; 'August O' andt4August' to the .= a 24, ° 1 meetings Fin1nce- Authi rift -for includirfg Land ;usea •$192,637 for,tntntued Goals and, Obje� es, supporb.2for bome arndi 10o. t1i, 440nerShip Otnnities,in Population p'roleitio$ ,0the Washiflgton N.tigh. Upon;, M lorr -- jtbbe .=;';bothoodiUparn rntltion • , „dod inietrtst, , ^were ■!the de •, merits 'were,, receiaredraridfiied.+ celvedifpnd fiIEd and ' SaferROute's to S'dhool t ; esolutiOn, .N.0.; 333.11 Project FUrld ke: City .. '; ° proving ti , c04nrriit ofi, rmatel ing o 1j an o rellgwa' uthoii�IFA1, Manager rec' d ing app!rovaI application"- Iowa Depa Transportatiorfy, riot , or tateiikotiSr ro'stA, Safe Rei Less to ed.,: funds wapdo d " °• ' Infrastructure to `: Sheltepl'p 3au`ei fyhtj •f i "i vig 4Progrant $ ty4 r e'er vittgiiii 'tT05 ur J ✓k ,recorn �i)1gsiappro -; 44 schtd I C ter :�•val • o' f :a i`enewal a trital G of ,'applieatGon ',041910115 $163,7 lIpo. epaneS 04.140ls'ing " the documents were rand Ur n04.Daveol recervetrand. filed•ard , erlt •(HUD) for No. 332 -2Ik' t.okafaidistoradort,ot the Authorizing the filing Shelter Plus Care of an application with • Program. Upon 'motion the Iowa Department the documents,: were of Transportation for received, filed, and Safe Routes to School approved. Infrastructure Grant . Hillcrest Family Ser- - funding for the City of vices: City Manager Dubuquewasadopted.' recommending.; appro- Safe Routes to School - val of,a- Usage;.Agree- Infrastructure Grant ' ment • with . Hillcrest City - Manager trans - - Family-Servrces for the - mitting a letter of use of Murphy Park support for thezClty of from .October- 30, 2011 Dubuque's application through January 10, for the Safe Routes to 2012 to setup a,holiday School Infrastructure light display. Upon Grant. Upon motion the motion the documents document • : was were received, filed, received, andfifed : and•approved. • Safe Rtiutesto'School ' , • Assistance'-, to, -Fire - Non- Infrastructure fighters Grant City Grant: City Manager- Manager .recommend, transmitting a letter of ing approval to apply support for the. City ,of for the 2011 Assistance Dubuque's application . to Firefighters, Grant in for the Safe Routes'to ° the amount of $204,000 School Non- lnfiastruc. for -a . video .c'onfer - ture ' ••Grant. Upon 'ending systerii (tele motion the document presence) for -all six Was'received and filed: fire stations and the Dubuque Police Training Center /EOC, Protective Association: Upon motion the dot.: City Manager trans- uments were received, miffing information on filed, and approved. the arbitration award- Civil Service Commis - ed to the Dubuque .sion: Civil Service Police Protective Asso- Commission submit - ciation. Upon motion ting the Certified Lists the documents were for the positions of received and filed. Assistant Horticultur- Special Assessment - alist, Equipment Opera - 1906 Catherine Street tor II, and Landfill City Manager recom= Equipment Operator. mending approval , to Upon motion the docu- establish a lien in the ments were received, amount of $2,873.61 filed and made a against Tammy Parker, Matter of Record. 1906 Catherine Street,. Workers' Compen- for non - payment of a sation Compromise Settlement • Order. Settlements: City Attor- Upon motion the ney requesting appro- documents were val for the • City received and filed and • Manager to execute Resolution No. 332 -11 two Compromise Settl- Adopting the Schedule - ements of Workers' of Special Assessment Compensation claims' for a lien against the for Terry. K. Dolan. State Blind Society; Trick -or -Treat • Night (October 31, 2011) was accepted 'by Mayor Buol-, ,Arts .and Humanities' Month (Oetob r 2011) -Was accepted. . by Geri Shafer; . Chairperson, Arts; +,; -.and „ ;Cultyral Affairs Advisory m Co- .rnission; Make a, Will Month (October 20.1) was accepted' by Library, Director Susan Henru,cks on, behalf, of the ,.. Make': -a, ; Committee; , CONSENIF,GGEMS,,;,• Motion'by- Lynel•to receive and .fie,,'the documents, adopt. :the resolutions, and dispgseof asi,odiated. Seconded ,by 7,Qonngrs: Motion;,_c•,arr.•ied 7 -0:, • b - [Reports Suni l City ou- cii $ roc, +4- o9/19, Ciuyi Servle4c 9I8,,His- torc, . ,gyrese-rva4 on Go scan,, se 9115, Historic , Preservation Edycation Task Force oP{ fl klbusi,�g Cori 010.ion i of 8I23, Long - ,Range .,PJaranittg Ad•isor3 Commission of ;9/21; Mechanical Board of;8/1i Transit Advisory Board; of 9/8, Zoning, , Board of A'djustntent,of-9/22 -, proofs of Publication for ;City Council, Pro- ceedings of September 6and12,2011 . Proof of- Publication for • List of Claims and Summary of Revenues for Month; Ending July 31, 2011. Upon motion the (tocuments were received and „ filed -:' • Notice • of •• Claims/ Suits: Terry Cook for vehicle , , damage, - Brenda Henry • for property damage, Timothy McElligott for vehicle. damage, And Tressa Tracy • for vehicle damage. ,Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of of a ' Class* "''C ", Beer/ LiigUor License to Denny's - ,' Lux (3,lub, 'Elias :College Athletic ,and, - Fjllellness Center? Carlds- O'Kelly's Mexi- cah Restaurant Fiesta . Cancun Restaurant al- d +aspedial Class "C" 'Liquor License (5 -Day Special Event) to the Dubuque Art Center, Resolution No, - 336 -11 Granting. the issuance of a - Class ' "0 Beer Perrhit• ! to Friendly Lpcust' Mart, Hy -Vee Gat _#2, Aldi, Inc., #30; and Resolution No. 337 -11. Granting the issuance of a new cigarette permit to Unforgiveable Records were adopted. - North Grandview Estates - Partial. • Release of ,Mortgage: -City Attorney recom- mending partial re- lease of real .estate mortgage for Lot 6 and . authorize the Mayor to sign it on behalf of the City. Upon motion the documents were received, filed, and approved. ITEMS TO BESET FOR PUBLIC HEARING Motion by Lynch to receive, and file the documents, adopt the resolutions, set the public - hearings as indicated, and • direct the City Clerk to publish • notice as prescribed by law. Se conded by . Braig. Motion - carried 7 -0 _ Timber -Hyrst Place No. 3: City Manager recommending Setting a public hearing for October 17, 2011 to Development . Agree- ment was adopted. - Dubuque - Regional Airport - :- Reapprdpri ation of Funds :'City Manager 'recomm'end- mg approval to'reaIl Cato CIP funds to -pat! - -f r -.the' removal" arid' replacement . of . the existing roof of the University of Dubuque; hangar ($4S-4640) and the itOrrent • furnace- :and .air conditioning unit for the .Fixed; Base Operation area of the. Jet Center Building ($11,517). Upon motion the :•doc- uments were received, filed, " and approved.._ - Acting Lead Public Safety Dispatcher •- ,,C011ective , ;Bargaining Arnehdment: City Man - ager —recommending approval of an amend= ment to the Collective Bargaining Agreement' with the International Union of Operating Engineers Local #234, which provides for an additional $1.00-0 per hour of compensation to a public safety dispatcher who is placed in.-charge of a shift when there is no lead public safety; dispatcher on • duty. Upon motion the docu- ments were received, filed, and approved. - Iowa Mississippi River Parkway Commission: City Manager transmit- ting the Iowa Mississ- ippi River Parkway Commission Annual Report from August 2011. Upon motion the document was received and filed. Iowa; the agent for the Iowa Communities Assurance. pool: Terry Cook ,• for • vehicle dainage;Brenda Henry for ,teh,icle•' damage, ' Trrno�y..MCEl'jigott 'for vehicle damage, and Tressa Tracey- ,for Vehicle damage., Upon motion the documents were, „received, filed and concurred, • J Central A„..,,146-',..52 nue.,Traffc .lm- ptoi`;ements ,.-. Project Acceptance: City3ana- ger[ .,.�recoYnmeri ng acceptance of the construct -ton contract for. .the US 52 -Traffic Flow Enhancement Project •„as, completed by •Portzerr .Comstruc- tjon, Inq, in the final contract amount of $96¢,,332:96. U,. Upon motion the. documents ' were re -'ved and filed and Resd .+a °n No. 3,26- 11 Aece° ', the US 52 Traffi y - ,'Enhance n- ent ' Project ••, and •authorizing the „,pay- ment • of the contract K u t to the on - tra or Was adopt ' Bee;,�Br,anc�i, eK • n 1 Restoratio Pro Acquisition of 511 E. 22nd Street: City Manager. recommend mg{ y approval "-to pr ydhase property required „for therBee Branch-'Creek:Restora- tion Project -at 511k E. 22nd street ownedkby David A. and Sarah J- Maus for the appraised value of $50;000. Upon motion the documents were received and filed and. Resolution No. 327- 11 Approving the acquisition of real estate owned. by Dayid A andSarah J.•Maus in the City. of : Dubuque was adopted. Seventh Street Retain- ing Wall - Emergency Repair Authorization: City Manager recom- mending authorizing emergency repairs to the retaining . wail along 7th Street and the associated .street pavement. Upon motion the documents were received and filed and Resolution No. 328 - -at; ahT estimatea- cost; setting - 'date:' --of public -.hearing on plans, specificatJons, form, of contract; and estimated cost;••;and ordering the adver- tisement for bids (City Hall HVAC System improvement- Project) was adopted settingiea public hearing for a meeting to commence at 630 - p.m. an Oc- tober 17, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited -to address the City Council regarding their desire to serveon the following Boards/ Commissions • -, Enviroh'mental Stew- ardship Advisory Corn- mission: O'nee- 3 -year term through October 1, 2014 (expiring term of Klostermann). Appli- cants: Wayne Kloster - mann, 3254 Lake Ridge Drive; and Stacy Splitt- stoesser, 1694 Radford Road. Ms. Splitt- stoesser spoke in support -of her aD- pointment. Long Range Planning Advisory Commission: One 3 -year term through July 1, 2014 (vacant term of Braig). Applicant Craig Bey - tien, 1091 Valentine Drive. Mr.- Beytien spoke in support of his appointment. Appointments to the following Boards/Com- mission:, Civic Center Advisory Commission. One 3 -year term. through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willen- borg, 3497 Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3- year term on the Civic Center Advisory Com- mission through Tune 29; 2013: Seconded *by Resnick: Motion failed 3-4 with Braig, , uhol; Jones, and nch voting nay. PUBLIC :HEARIN'GS Upon motion the rules were susp'endedwallory -. ing anyone prese +”: address ' the 'Git ' Deeugf ae 4tegioriat Airport.- Conservation Easement Proof' of off.- f iriors t ns� ' m amity tCa c' Police 'Chief .Mark Dalsing,;, , stated that the ,packground *n 'rmation is kept on f�le.for 30 days and Yhat landlords have the final decision on tenant selection CounaipMern- !bereraig grJestianed if ere; could 'be • con - .qu�ences - for land - fords • who do, not attend training ' ses- l• ibbs. Motion'eatrjed 7 -0. Lower Bee : Branch Greek Restoration roject I JOBSII Grant :meridment: -City Man - rrecommend9ngap royal, of an amend= ' ent to the 1 2085 it rant Agreement for e1JBee Branch ,Creek. esation . ' project. otien by Connors to recede and file the 'documents acid adopt esolution No. 341 -11 'uthorizing the execu- 'on of the ' First endment to the rant',agi'eement with the 'law 'Jobs Board 3nd`thewa Finance Authority,; as . required for the Cities of `3,965,000 in State I- JOBS funding for the Lower Bee Branch Creek Restoration.Pro- ject Seconded - by Braig. Motion carried 7 -0. Request for Work l Session - Sustainable Dubuque Quarterly Report City., Manager requesting-,Scheduling a - ,work, session on Monday, 'November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly Update. Motion by Connors to' receive and file the documents .and set the Worksession as recom- mended. Seconded by Braig. Motion carried 7 -0. Julien Dubuque's - 250th Birthday Anniver- sary Committee: City Manager transmitting correspondence from the National Mississ- ippi River, Museum and Aquarium requesting a. City representative for the committee to celebrate the 250th anniversary of Julien - Dubuque's birth. Mo- tion by Connors to receive and file the . documents and ap- point Council Member - Karla Braig to the committee. Seconded by Resnick. Motion carried 7 -0. City Clerk -Salary Compensation: Motion by Connors to table the item to after a recess. Seconded by Resnick. Motion carried 7 -0. The City Council recessed from 7:51 p.m. to &17 p.m. to discuss the City Clerk Salary Compensation in a non - public meet- ing pursuant to Chap- ter -20.9 of the Iowa Open Meetings Law. - City Clerk Salary Compensation:, Action by Lynch Ito' remove from, .the table. Secdhded:.by Connors. Motion carried 7 =0. ' . M'otion by .Jones to receive • and file the infor,,mation and set the (lutr :Clerk's salary compensation, at $8;4;052 ;ann�4yally- with vacation' iaccrual at 17,etiirorcactive t e��2 , , - .Thai-eases ' based,°,!on, .,{el;Wations and' achievement 'of office goals. Seconded b Braig. Motion prop; the +D !".2ervetfon doraespond "ence pro= vided• to'sCity.- Council Vain the • 'Board ••df sectors , :' for the ,Yeterans'FreedornCeris ter, ?requesting, assis- dfi tbefifeed for in• t e meantime to { - donta'ct, 11et''Iieterans' Om Center :' jles'nleek ' compli- iijented ^,the -,Div ,ugpe- yrr!ahp, estra, fdr ,i;.gq world STATE OF IOWA DUBUQUE COUNTY CERTIFICATION 0] I, Suzanne Pike, a Billing Clerk for WI corporation, publisher of the Telegrapl published in the City of Dubuque, Cou certify that the attached notice was put dates: October 12, 2011, and for whicl- Subscribed to before me, a otary Put this Ata day of Notary F 11, Euthoriz g, erne -00 r 1f1ti4m. s _ is ' Wail 1 t'fA t 'lOdiateo re nt: was treet'ppetahr1� ii'4•1ma`rgendy tio e oop1 Ft '&G - directing 04 �� ,ertl :,.i..,1, -the •Ile .; bf rl1 f C n ,,1�, tout ,t I t tits the sat ,Gpjt11 '4oun O�s�urer -and �e ranAmitting to • !ism notide t7)i)d •.tp h there. iwas-adcpted, !. flug0St 1r A ust 4 Was Iigt. N Ilghbor • d.I1/4- t • 1 nod ° .pr ,g -Trust II • ii 11• l ndrq '� M'1 city, ; _l [„' "Mee ark 31' •J , end - G11 iC' s ;,,� �t 1 htflaWa • 11.11 to th6 It A (h ;ill o i -.1.1', Stree a d the t ',.-.1 c W81 unst er : twe Arterial / - ,Highway 20 Traffib Ity Improvement s City endIng Manager appro fn , I740r the Mayor to xeeute the Iowa b prtment of Trans rt tion Funding r' . meet for the outiplwest Arterial f' ,$iighway 20 Traffic p sity -Impraveme t dy. Upon motion tl 1 t}nients were �ved and flied rid Isd utlon Nor 330=11 rpving the 'Iowa $rlhnent ofFunt'llrig invent (Agree - Nts,- 2012.18 -011) r the southwest rt al /SO.S. Highway r •I,If6v -lpi- lo t* td9 111 -. . B t UItafrta ..11 Or i lnsa- ; 11 Authorizing emer- gency repairs to the retaining wall on 7th Street and associated street pavement was adopted. Madison Street Retain- ing Wall - Emergency Repair Authorization: City Manager recom- mending authorization for the emergency repair of the Madison Street retaining wall and associated street pavement and side- walk portions. Upon motion the documents were received and filed and Resolution No. 329 -, 11 Authorizing emer- gency repairs to the retaining wall on Madison Street and the associated street pave- ment and sidewalk portions was adopted. Southwest Arterial / U.S Highway 20 Traffic Capacity Improvement Study: City Manager recommending appro- val for the Mayor to execute the Iowa Department of Trans- portation Funding Agreement for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study. Upon motion the documents were received and filed and Resolution No. 330 -11 Approving the Iowa Department of Trans- portation Funding Agreement (Agree- ment No. 2012 -16 -011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was adopted. Terracon Consultants, Inc. - Monitoring Well Installations: City Man - ager recommending approval to execute a License Agreement for Site Assessments for the monitoring well installation on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resblution No. 342 -11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon Consul- tants, Inc., to install monitoring wells on public right -of -way at 25 Main Street was adopted. Historic Preservation Commission - 1699 Iowa Street: Communi- cation from the Historic Preservation Commission recom- mending City Council approval of a request to replace a section of damaged limestone curb with concrete steps along W. 17th Street adjacent to property at 1699 Iowa Street. Upon motion the documents were received, filed, and approved. Smart Planning Con- sortium Update: City Manager transmitting an update on the August 10, August 24 and September 14, 2011 Smart Planning Consortium meetings; and minutes of the August 10 and August 24, 2011 meetings including Land Use Goals and Objectives, and Community Population Projections. Upon motion the documents were received and filed. Safe Routes to School - Project Funding: City Manager recommend- ing approval to file an application with the Iowa Department of Transportation fdr a Safe Routes to School Infrastructure Grant to fund durable, high - visibility crosswalks at 44 school locations for a total project cost of $163,760. Upon motion the documents were received and filed and Resolution No. 331 -11 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant funding for the City of Dubuque was adopted. Safe Routes to School - Infrastructure Grant: City Manager trans- mitting a letter of support for the City of Dubuque's application for the Safe Routes to School Infrastructure Grant. Upon motion the document was received and filed. Safe Routes to School - Non - Infrastructure Grant: City Manager transmitting a letter of support for the City of Dubuque's application for the Safe Routes to School Non- Infrastruc- ture Grant. Upon motion the document was 'received and filed. Dubuque Police Protective Association: City Manager trans- mitting information on the arbitration award- ed to the Dubuque Police Protective Asso- ciation. Upon motion the documents were received and filed. Special Assessment - 1906 Catherine Street: City Manager recom- mending approval to establish a lien in the amount of $2,873.61 against Tammy Parker; 1906 Catherine Street, for non - payment of a Settlement Order. Upon motion the documents were received and filed and - Resolution No. 332 -11 Adopting the Schedule of Special Assessment for a lien against the property and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. Washington Neighbor- hood - Housing Trust Fund Application: City Manager recommend- ing approval of a grant application to the Iowa Finance Authority for $132,637 for continued support • for home- ownership activities in the Washington Neigh -. borhobd. Upon motion the documents were received and filed and Resolution No. 333 -11 Approving commit- ment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust funds was adopted. Shelter Plus Care Program: City Manager recommending appro- val of a renewal application to the US Department of Housing and Urban Develop- ment (HUD) for administration of. the Shelter Plus Care Program. Upon motion the documents were received, filed, and approved. Hillcrest Family Ser- vices: City Manager recommending appro- val of a Usage Agree- ment with Hillcrest Family Services for the use of Murphy Park from October 30, 2011 through January 10, 2012 to set up a,holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Fire- fighters Grant: City Manager recommend- ing approval to apply for the 2011 Assistance to Firefighters Grant in the amount of $204,000 for a video confer - encing system (tele- presence) for all six fire stations and the Training Center /EOC. Upon motion the doc -• uments were received, filed, and approved. Civil Service Commis- sion: Civil Service Commission submit- ting the Certified Lists for the positions of Assistant Horticultur- alist, Equipment Opera- tor II, and Landfill Equipment Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Workers' Compen- sation Compromise Settlements: City Attor- ney requesting appro- val for the City Manager to execute two Compromise Settl- ements of Workers' Compensation claims for Terry, K. Dolan. Upon motion the docu- ments were received, filed, and approved. Sustainable Dubuque - Project Status Report: City Manager transmit- ting the Sustainable Dubuque Project Sta- tus Report for Septem- ber 2011. Upon motion the documents were received and filed. Plastic Center, Inc: First Amendment to Development Agree- ment: City Manager recommending appro- val of the First Amendment to the Development Agree- ment with Plastic Center, Inc., on the properties located at 426 W. 5th Street and 951, 955, and 957 Main Street in downtown Dubuque. The First Amendment to the Development Agree- ment extends the dead- line for completion of construction from .. October 31, 2011 to April 30, 2012. Upon motion the documents were received and filed and Resblution NO 334- 11 Approving the First Amendment to the Plastic Center, Inc., Development Agree- ment was adopted. • Dubuque Regional Airport - Reappropri- ation of Funds: City Manager 'recommend- ing approval to reallo- cate CIP funds to- pay . for the removal and replacement of the existing roof of the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc- uments were received, filed, and approved. Acting Lead Public Safety Dispatcher - Collective Bargaining Amendment: City Man- ager recommending approval of an amend- ment to the Collective Bargaining Agreement with the International Union of Operating Engineers LoCal #234, which provides for an additional $1.00-' per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is no lead public safety . dispatcher on duty. Upon motion the docu- ments were received, filed, and approved. Iowa Mississippi River Parkway Commission: City Manager transmit- ting the Iowa Mississ- ippi River ParkWay Commission Annual Report from August 2011. Upon motion the document was received and filed. Alcohol Compliance - Civil Penalties for Alcohol License Holders - Bandana's Bar -B -Q: City Manager recommending appro- val of the Acknow- ledgement / Settle- ment Agreement for an alcohol compliance violation for Bandana's Bar -B -Q. Upon motion the documents were received, filed, and approved. Liquor License Refunds: Casey's Gen- eral Store Nos. 2420 and 2421 requesting a refund on Class "C" Beer Permit with Native Wine License Nos. BC00274551 and I3C007452 each in the amount of $56.25. Upon motion the documents were received, filed, and approved. Liquor License Appli- cations:- City Manager recommending appro- val of annual liquor license renewals and cigarette permit appli- cations as submitted. Upon motion the docu- ments were received and filed and Reso- lution No. 335 -11 Granting the issuance of a Class "C" Beer/ Liquor License to Denny's Lux Club, Loras College Athletic and . Wellness Center, Carlos• O'Kelly's Mexi- can Restaurant, Fiesta Cancun Restaurant; and a Special Class "C" Liquor License (5 -Day Special Event) to the Dubuque Art Center; Resolution No. 336 -11 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Hy -Vee Gas #2, and Aldi, Inc., #30; and Resolution No. 337 -11 Granting the issuance of a new cigarette permit to Unforgiveable Records were adopted. North Grandview Estates - Partial. Release of Mortgage: City Attorney recom- mending partial re- lease of real estate mortgage for Lot 6 and authorize the Mayor to Sign it on behalf of the City. Upon motion the documents were received, filed, and approved. ITEMS TO BE FOR PUBLIC HEARING Motion by Lynch to receive and file the d'ocurhents, adopt the resolutions, set the public hearings as indicated, and direct the City - Clerk to publish notice as prescribed by law. Se- conded by Braig. Motion carried 7 -0 Timber -Hyrst Place, No. 3: City Manager 'recommending setting a public hearing for October 17, 2011 to consider releasing existing utility storm sewer and access easements on Lot 2 of Timber -Hyrst Place No. 3. Upon motion the documents were received and filed and Resolution No. 338-11 Resolution of Intent to dispose of and release an access, utility and storm sewer easement on Lot 2 of Timber - Hyrst Place No. 3 in the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2011 in the Historic Federal Building. City Hall HVAC System Improvements Project: City Manager recommending initia- tion of the public bidding procedures for the City Hall HVAC System Improvements Project and setting a public hearing for October 17, 2011. Upon motion the documents were received and filed and Resolution No. 339- 11 Preliminary appro- val of plans, specifi- cations, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of cohtract, and estimated cost; and ordering the adver- tisement for bids (City Hall HVAC System improvement Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Oc- tober 17, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Environmental Stew- ardship Advisory Com- mission: One 3 -year term through October 1, 2014 (expiring term of Klostermann). Appli- cants: Wayne Kloster - mann, 3254 Lake Ridge Drive; and Stacy Splitt- stoesser, 1694 Radford Road. Ms. Splitt- stoesser spoke in support of her ap- pointment. Long Range Planning Advisory Commission: One 3 -year term through July I, 2014 (vacant term of Braig). Applicant: Craig Bey - tien, 1091 Valentine Drive. Mr. Beytien spoke in support of his appointment. Appointments to the following Boards /Com- mission: Civic Center Advisory Commission. One 3 -year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willen- borg, 3497 Hillcrest Road, #2. Motion by Connors fib appoint Jody Wilienborg to a 3- year term on the Civic Center Advisory Corn- mission through June 29; 2013. Seconded *by Resnick. Mbtlon failed 3-4 with Braig,, ;B,uois Jones, and iygch voting nay. PUBLICHEARINGS,' Upon'rnotiOn therules Were suspended -'rap ing anyone' prese address 'the Connors. Responding to questions from City Council, Police Chief Mark Dalsing stated that the background information is kept on file for 30 days and that landlords have the final decision on tenant selection. Council Mem- ber Braig questioned if there could be con- sequences for land- lords who do not attend training ses- sions. Motion carried 7 -0. Lower Bee Branch Creek Restoration Project - I -JOBS II Grant Amendment: City Man- ager recommending ap- proval of an amend- ' ment to the I -JOBS II Grant Agreement for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 341 -11 Authorizing the execu- tion of the First Amendment to the grant agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City's receipt of $3,965,000 in State [- JOBS funding for the Lower Bee Branch Creek Restoration Pro- ject. Seconded by Braig. Motion carried, 7 -0. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager requesting scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly Update. Motion- by Connors t0 receive and file the documents and set the work session as recom- mended. Seconded by Braig. Motion carried 7 -0. Julien Dubuque's - 250th Birthday Anniver- sary Committee: City Manager transmitting correspondence from the National Mississ- ippi River Museum and Aquarium requesting a. City representative for the committee to celebrate the 250th anniversary of Julien Dubuque's birth. Mo- tion by Connors to receive and file the documents and ap- point Council Member Karla Braig to the committee. Seconded by Resnick. Motion carried 7 -0. City Clerk Salary Compensation: Motion by Connors to table the item to after a recess. Seconded by Resnick. Motion carried 7 -0. The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary Compensation in a non - public meet- ing pursuant to Chap- ter -20.9 of the Iowa Open Meetings Law. City Clerk Salary • eompftsati ore, .l lotion by Lyndt "t0 -f emo've from, the table. Seconded . by Connors. Motion* carried 7 -0. . Motion by ,Jones• to receive • and file the information and set the Ct" ;'CIfkts • salary compensation, at 052,r i i ,"II with tro',a aJ at we" retroactive Ater 6: ^2011, nccr eases ceepp.I. •. ;;ba41:t ,rqp. pons +Difbuque Region - . an'd-` acfrievement "of Airport -. Conservation office goals. Seconded Easement Proof of by Braig. otion prilill, �i; on rig;•, a .� ," _4!x•', ponidence' pj o= vid'ed. to',41ty Co tlei- roiri the 'Board 'Of .ppeer` ctors for the e erans'FreadomCert ter. 'requesting a'ssis= itti the riedd for a a n%rwar►time to •.contact :•t. w.,°ieteiens' 'Free`d'omCeriter:' • ..s'rrick, Corrrpli- �nl/mplto the p. estr4•„ \e9'de►wceRib "ADUbegl Conv- and V wB n - Dfr a atR ; rTh proyi o ;; update on the. aMvit'igs,figr ''"'I,':1 x ofilhe' 'ID ,,M a ton an I- -4?° reau1/44 oa mob Eagi eurchase p Ln yy �yiti e rrgi no r br}si,r �a lgon Rn ttteGity Gountil adjo1riedat,J2i.p m Kevin ;S: Firnstahi City clerk 410/12 Subscribed to before me, a _ otary P •li this Afip3 day of /- - Notary PL MAR Comp Improvement Study was adopted. Terracon Consultants, Inc. - Monitoring Well Installations: City Man- ager recommending approval to execute a License Agreement for Site Assessments for the monitoring well installation on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resolution No. 342 -11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon Consul- tants, Inc., to install monitoring wells on public right -of -way at 25 Main Street was adopted. Historic Preservation Commission - 1699 Lowe Street: Communi- cation from the Historic Preservation Commission recom- mending City Council approval of a request to replace a section of damaged limestone curb with concrete steps along W. 17th Street adjacent to property at 1699 Iowa Street. Upon motion for the Safe Routes to School Infrastructure Grant. Upon motion the document was received and filed. Safe Routes to School - Non - Infrastructure Grant: City Manager transmitting a letter of support for the City of Dubuque's application for the Safe Routes to School Non- Infrastruc- ture Grant. Upon motion the document was'received and filed. Dubuque Police Protective Association: City Manager trans- mitting information on the arbitration award- ed to the Dubuque Police Protective Asso- ciation. Upon motion the documents were received and filed. Special Assessment - 1906 Catherine Street City Manager recom- mending approval to establish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street, for non - payment of a Settlement Order. Upon motion the documents were received and filed and • Resolution No 332 -11 Adopting the Schedule of Special Assessment for a lien against the 2012 to set up a holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Fire- fighters Grant City Manager recommend- ing approval to apply for the 2011 Assistance to Firefighters Grant in the amount of $204,000 for a video confer - encing system (tele- presence) for at six fire stations and the Training Center /EOC. Upon motion the doc - uments were received, filed, and approved. Civil Service Commis- sion: Civil Service CommisSioh submit- ting the Certified Lists for the positions of Assistant Horticultur- alist, Equipment Opera- tor II, and Landfill Equipment Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Workers' Compen- sation Compromise Settlements: City Attor- ney requesting appro- val for the City Manager to execute two Compromise Settl- ements of Workers' Compensation claims for Terry. K. Dolan. hangar ($45,640) and the current furnace and air conditioning unit for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc- uinents were received, filed, and approved. Acting Lead Public Safety Dispatcher - Collective Bargaining Amendment City Man- ager, - recommending approval of an amend- ment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local #234, which provides for an additional $1.04 per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is no lead public safety dispatcher on duty. Upon motion the docu- ments were received, filed, and approved. Iowa Mississippi River Parkway Commission: City Manager transmit- ting the Iowa Mississ- ippi River Parkway Commission Annual Report from August 2011. Upon motion the document was received and filed. Resolution No. 336 -11 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Hy -Vee Gas #2, and Aldi, Inc., #30; and Resolution No. 337 -11 Granting the issuance of a new cigarette permit to Unforgiveable Records were adopted. North Grandview Estates - Partial. Release of Mortgage: City Attorney recom- mending partial re- lease of real estate mortgage for Lot 6 and authorize the Mayor to Sign it on behalf of the City. Upon motion the documents were received, filed, and approved. ITEMS TO BESET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Braig. Motion carried 7 -0 Timber -Hyrst Place No. 3: City Manager 'recommending setting a public hearing for October 17, 2011 to at 6:30 p.m. on Oc- tober 17, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Environmental Stew- ardship Advisory Com- mission: One 3 -year term through October 1, 2014 (expiring term of Klostermann). Appli- cants: Wayne Kloster - mann, 3254 Lake Ridge Drive; and Stacy Splitt- stoesser, 1694 Radford Road. Ms. Splitt- stoesser spoke in support of her ap- pointment Long Range Planning Advisory Commission: One 3 -year term through July 1, 2014 (vacant term of Braig). Applicant: Craig Bey - tien, 1091 Valentine Drive. Mr. Beytien spoke in support of his appointment Appointments to the following Boards /Com- mission: Civic Center Advisory Commission. One 3 -year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willen- borg, 3497 Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3- year term on the Civic Center Advisory com- mission through 7un'e 29; 2013. Secood'ed, -by Resnick. M6tioh faired 3 -4 with Braig,„ •l3uol, Jones, - and ' JSyneh voting hay. PUBLIC HEARINGS Uportrnotion the rules were suspendedtalp - ing anyone preser :.•, . address the Gity;“ - ;y Dubuque- !Regional' Airport - Conservation ' Easement: Proof of • pegs:. 5ustalnaoie vuouque Quarterly Update. Motion by Connors t0 receive and file the documents and set the work session as recom- mended. Seconded by Braig. Motion carried 7 -0. Julien Dubuque's - 250th Birthday Anniver- sary Committee: City Manager transmitting correspondence from the National Mississ- ippi River Museum and Aquarium requesting a. City representative for the committee to celebrate the 250th anniversary of Julien Dubuque's birth. Mo- tion by Connors to receive and file the documents and ap- point Council Member Karla Braig to the committee. Seconded by Resnick. Motion carried 7 -0. City Clerk Salary Compensation: Motion by Connors to table the item to after a recess. Seconded by Resnick. Motion carried 7 -0. The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary Compensation in a non- public meet- ing pursuant to Chap- ter •20.9 pf the Iowa Open Meetings Law. City Clerk Salary Compensation: Motion by Lynch to remove from the table. Seconded . by Connors. Motion' carried 740. Motion by .Jones to receive and file the information and set the ty :Clerk's salary compensation at $84,052 'annua�lljr with V cation - "•adc cal at fop weeksbretroactive ptemeivA '2011, 1step ln¢reases based , oa evalrctions and" achievement of office goals. Seconded b Brag. Motion epiriespondence• ' prp; vid'ed. to> =City ,Council ;from the Board 'of :AiKectors Ifor the terms' Freeiorn:Gerf- tes .'re destung hsis• r ifs Pir ' e" rn the to c�oonttact:•tteg terans Freebitircorapli- 'ente k'-the •• :D'i7:ugiae• rripho, ..a'a r•a 1r'3 :1 �DUba Cd"o'y �Mu and ' Direr sV r proyi; o ., ; .,,; tike update on a . 'vit' to e; c1-1n ot+ the i r �J,. ton an �i' pa',; ,�`�';�j; egu arIF Serve es • w Kerper± by Connors to avid e:the d6- d, adopt Reid! ep5 40-efl Ap'pr• r l' • C ". 0 Seconded' Resp' , . ing,.. =try°' dons frorri City!Co Assistant DeteIopment provides-a-'r efit and ' savings'to the City, and supports a -local business despite 'the life span of i'the technol'ogy.'Mot 'tar- t ied',6 -1 with -i. 'fck ,,,otin §nay `Tegan - t' Background. Program: City. reommendin� additional- allocated for cor, ed1 criminal � back N c,hcklees through'' the rest of Fiscal `.ear 2012. M'otio'n -by *cones to receive and file the documents and ap- prove the recomMen- detio ti Secondel *' by r "bo' mat GOuntii adpoDrned.a't 8;2,p.m. , Keuln,' : Fir'ristahj City Clerk st ey12 CITY OF DUBUQUE, State Blind Society; Iowa, the agent for the IOWA Trick -or -Treat Night Iowa Communities CITY COUNCIL (October 31, 2011) was Assurance Pool: Terry PROCEEDINGS accepted by Mayor Cook for vehicle The Dubuque City Buol; Arts and damage, Brenda Henry Council met in regular Humanities Month for vehicle damage, session on October 3, (October 2011) was Timothy McElligott for 2011 at 6:30 p. m. in the accepted by Geri vehicle damage, and Historic Federal Shafer, Chairperson, Tressa Tracey for Building. Arts and Cultural vehicle damage. Upon Present: Mayor Buol; Affairs Advisory Com- motion the documents Council Members mission; Make a Will were received, filed Kraig, Connors, Jones, Month (October 2011) and concurred. Lynch, Resnick, Sutton; was accepted by US 52 / Central City Manager Van Library Director usan Avenue Traffic Im- Milligen, City Attorney Henricks on behalf of provements - Project Lindahl the Make a Will Acceptance: City Mana- Mayor Buol read the Committee. ger recommending call and stated this is a CONSENT ITEMS acceptance of the regular session called Motion by Lynch to construction contract and file the for the US 52 Traffic for the purpose of dis- cussing such matters documents,iots, and which , may properly resolutdispose of as indicated. CPuncil. comebefore the City Seconded by Connors. Motion carried 7-0. PledgeInvocation Acattegianceion was Minutes and Reports proISubmitted: City Coun- Michelle by Sr.F, cil Proceedings of 9/19, Sisters Balsa, Francis. Civil Service of 9/8, His - Sisters of St. His - SWEARING -IN INs. toric Preservation SWEARING -IN City Clerk Kevin S. Commission of 9/15, Preservation Firnstahl Education Task Force introduced tan Fitz-- Mayor Buolof 9/7, Housing Commission of 8/23, gibbon and Grterg Bruce Long Range Planning City/County the International Advisory Commission AAssociation Managers of 9/21, Mechanical Fellowship ChangeICMA) Board of 8/11, Transit Fellowship Exchange Advisory Board of 9/8, 1program fromzgiAn andtra- Zoning Board of Mr. Mr. c Fitzgibbon kAdjustment of 9/22 of Bruce each spoke Proofs of Publication Flow Enhancement Project as completed by Portzen Construc- tion, ,Inc., in the final contract amount of $966,332.96. Upon motion the documents • were received and filed and Resolution No. 326- 11 Accepting the US 52 Traffic Flow Enhance- ment Project and authorizing the pay- ment of the contract amount to the con- tractor was adopted. Bee Branch Creek Restoration Project - Acquisition of 511 E. 22nd Street: City Manager recommend- ing approval to purchase property while theirnexperiences for City Council Pro- required for the Bee R in ENTuquO ceedings of September Branch Creek Restora- PRESeague ofONS 6 and 12, 2011 tion Project at 511 E. Iowa League Cities Proof of Publication 22nd Street owned by All-StarAwardCommund for List of Claims and David A. and Sarah J. evelUnified Summary of Revenues Maus for the appraised Development Code was for Month Ending July value of $50,000. Upon pre-sented to Mayor 31, 2011. motion the documents Buol by Manager Upon motion the were received and filed Services Adocuments were and Resolution No. 327- videovfrom thes. A brief received and filed. 11 Approving the agfrom Tows Notice of Claims/ acquisition of real League of Cities was Suits: Terry Cook for estate owned by David presented. vehicle damage; A. and Sarah J. Maus in PIowa Brenda Henry for the City of Dubuque Tweeddese-HHistoric Shotproperty damage, was adopted. to Tower was presented Timothy McElligott for Seventh Street Retain- PlanningMayor Buol es vehicle damage, and ing Wall - Emergency Tressa Tracy for Repair Authorization: LauraaCarstens. Services Carstens. vehicle damage. Upon City Manager recom- WhitePROCLAMATIONS motion the documents mending authorizing DCane Safety1were received, filed emergency repairs to wasay (October 1 by 201 Boband referred to the City the retaining wall accepted e Attorney. along 7th Street and Du, Presidentso isof iothn City Attorney advising the associated street Dubuque Association that the following pavement. Upon for the Blind, 1200 S. claims have been motion the documents GrandviewAvenue, referred to Public were received and filed and on behalf of the Tri-Entity Risk Services of and Resolution No. 328- jML I,UU crew cab 3 liter, Z71, SLE package, Bluetooth r 60 months and $1,000 Back or $4,505 Rebate 'ur Price: $ 31, 311 #1T607 )11 GMC Acadia ight Passenger, OnStar, XM Radio �.� shot AAA fors. Responding Jestions from City icil, Police Chief Dalsing stated the background mation is kept on for 30 days and landlords have the decision on tenant tion. Council Mem- Iraig questioned if could be con- ences for land - who do not Id training ses- Motion carried 7-0. )wer Bee Branch Restoration ct - I -JOBS II Grant idment: City Man - recommending ap- 31 of an amend - to the I -JOBS II t Agreement for 3ee Branch Creek )ration Project. Dn by Connors to ve and file the ments and adopt lution No. 341-11 orizing the execu- of the First ndment to the t agreement with Iowa Jobs Board the Iowa Finance ority as required fie City's receipt of 5,000 in State 1- funding for the r Bee Branch c Restoration Pro - Seconded by Motion carried 7-0. equest for Work on - Sustainable que Quarterly rt: City Manager ,sting scheduling ork session on ay, November 7, at 5:00 p.m. on the inable Dubuque erly Update. ,n by Connors to re and file the nents and set the session as recom- ed. Seconded by Motion carried 7-0. ien Dubuque's - Birthday Anniver- Committee: City ger transmitting 6pondence from National Mississ- iver Museum and lum requesting a •epresentative for committee to rate the 250th ersary of Julien aue's birth. Mo- by Connors to re and file the this Afip3 day of 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 12, 2011, and for which the charge is $293.11. ..mow4,V1, Subscribed to before me, a otary P .lic in and for Dubuque County, Iowa, , 20 // . Notary Public in and for Dubuque County, Iowa. MAF-W K. WESTERMEI` Commission Number 154 'JE6 '�1E JET Z y;IM /VA LC D V8 Z'de E 6upue. MON •dap+y 9$ •pd s 141sT •dap+059$ `ae Z `IJ lsi 3S1/317IA T saauaJajaa S17S$ 88 T ;aauns 55EE w MO 7 OIACIJHJ[l 0 CCC T0'S-0RS-E9S '0w/5Z9$ `6uisnoy Jo'6jws pua;saM - UMo}uMod SITS-9SS uiJPS £ Jo `Z `I iDNISnOH 379WRIOAV .. 11 Authorizing emer- gency repairs to the retaining wall on 7th Street and associated street pavement was adopted. Madison Street Retain- ing Wall - Emergency Repair Authorization: City Manager recom- mending authorization for the emergency repair of the Madison Street retaining wall and associated street pavement and side- walk portions. Upon motion the documents were received and filed and Resolution No. 329- 11 Authorizing emer- gency repairs to the retaining wall on Madison Street and the associated street pave- ment and sidewalk portions was adopted. Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study: City Manager recommending appro- val for the Mayor to execute the Iowa Department of Trans- portation Funding Agreement for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study. Upon motion the documents were received and filed and Resolution No. 330-11 Approving the Iowa Department of Trans- portation Funding Agreement (Agree- ment No. 2012-16-011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was adopted. Terracon Consultants, Inc. - Monitoring Well Installations: City Man- ager recommending approval to execute a License Agreement for Site Assessments for the monitoring well installation on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resolution No. 342-11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon Consul- tants, Inc., to install monitoring wells on public right-of-way at 25 Main Street was adopted. Historic Preservation Commission - 1699 Iowa Street: Communi- cation from the Historic Preservation Commission recom- mending City Council approval of a request to replace a section of damaged limestone curb with concrete steps along W. 17th Street adjacent to property at 1699 Iowa Street. Upon motion the documents were received, flied, and approved. Smart Planning Con- sortium Update: City Manager transmitting an update on the August 10, August 24 and September 14, 2011 Smart Planning Consortium meetings; and minutes of the August 10 and August 24, 2011 meetings including Land Use Goals and Objectives, and Community Population Projections. Upon motion the documents were received and filed. Safe Routes to School - Project Funding: City Manager recommend- ing approval to file an application with the Iowa Department of Transportation for a Safe Routes to School Infrastructure Grant to fund durable, high - visibility crosswalks at 44 school locations for a total project cost of $163,760. Upon motion the documents were received and filed and Resolution No. 331-11 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant funding for the City of Dubuque was adopted. Safe Routes to School - Infrastructure Grant: City Manager trans- mitting a letter of support for the City of Dubuque's application for the Safe Routes to School Infrastructure Grant. Upon motion the document was received and filed. Safe Routes to School - Non -Infrastructure Grant: City Manager transmitting a letter of support for the City of Dubuque's application for the Safe Routes to School Non -Infrastruc- ture Grant. Upon motion the document was received and filed. Dubuque Police Protective Association: City Manager trans- mitting information on the arbitration award- ed to the Dubuque Police Protective Asso- ciation. Upon motion the documents were received and filed. Special Assessment - 1906 Catherine Street: City Manager recom- mending approval to establish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street, for non-payment of a Settlement Order. Upon motion the documents were received and filed and Resolution No. 332-11 Adopting the Schedule of Special Assessment for a lien against the property and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. Washington Neighbor- hood - Housing Trust Fund Application: City Manager recommend- ing approval of a grant application to the Iowa Finance Authority for $132,637 for continued support for home- ownership activities in the Washington Neigh- borhood. Upon motion the documents were received and filed and Resolution No. 333-11 Approving commit- ment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust funds was, adopted. Shelter Plus Care Program: City Manager recommending appro- val of a renewal application to the US Department of Housing and Urban Develop- ment (HUD) for administration of the Shelter Pf us Care Program. Upon motion the documents were received, filed, and approved. Hillcrest Family Ser- vices: City Manager recommending appro- val of a Usage Agree- ment with Hillcrest Family Services for the use of Murphy Park from October 30, 2011 through January 10, 2012 to set up a holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Fire- fighters Grant: City Manager recommend- ing approval to apply for the 2011 Assistance to Firefighters Grant in the amount of $204,000 for a video confer- encing system (tele- presence) for all six fire stations and the Training Center/EOC. Upon motion the doc- uments were received, filed, and approved. Civil Service Commis- sion: Civil Service Commission submit- ting the Certified Lists for the positions of Assistant Horticultur- alist, Equipment Opera- tor II, and Landfill Equipment Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Workers' Compen- sation Compromise Settlements: City Attor- ney requesting appro- val for the City Manager to execute two Compromise Settl- ements of Workers' Compensation claims for Terry K. Dolan. Upon motion the docu- ments were received, filed, and approved. Sustainable Dubuque - Project Status Report: City Manager transmit- ting the Sustainable Dubuque Project Sta- tus Report for Septem- ber 2011. Upon motion the documents were received and filed. Plastic Center, Inc. - First Amendment to Development Agree- ment: City Manager recommending appro- val of the First Amendment to the Development Agree- ment with Plastic Center, Inc., on the properties located at 426 W. 5th Street and 951, 955, and 957 Main Street in downtown Dubuque. The First Amendment to the Development Agree- ment extends the dead- line for completion of construction from October 31, 2011 to April 30, 2012. Upon motion the documents were received and filed and Resolution No. 334- 11 Approving the First Amendment to the Plastic Center, Inc., Development Agree- ment was adopted. Dubuque Regional Airport - Reappropri- ation of Funds: City Manager recommend- ing approval to reallo- cate CIP funds to pay for the removal and replacement of the existing roof of the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc-uments were received, filed, and approved. Acting Lead Public Safety Dispatcher - Coilective Bargaining Amendment: City Man- ager recommending approval of an amend- ment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local #234, which provides for an additional $1.00 per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is no lead public safety dispatcher on duty. Upon motion the docu- ments were received, filed, and approved. Iowa Mississippi River Parkway Commission: City Manager transmit- ting the Iowa Mississ- ippi River Parkway Commission Annual Report from August 2011. Upon motion the document was received and filed. Alcohol Compliance - Civil Penalties for Alcohol License Holders - Bandana's Bar-B-Q: City Manager recommending appro- val of the Acknow- ledgement / Settle- ment Agreement for an alcohol compliance violation for Bandana's Bar-B-Q. Upon motion the documents were received, filed, and approved. Liquor License Refunds: Casey's Gen- eral Store Nos. 2420 and 2421 requesting a refund on Class "C" Beer Permit with Native Wine License Nos. BC00274551 and BC007452 each in the amount of $56.25. Upon motion the documents were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals and cigarette permit appli- cations as submitted. Upon motion the docu- ments were received and filed and Reso- lution No. 335-11 Granting the issuance of a Class "C" Beer/ Liquor License to Denny's Lux Club, Loras College Athletic and Wellness Center, Carlos O'Kelly's Mexi- can Restaurant, Fiesta Cancun Restaurant; and a Special Class "C" Liquor License (5-Day Special Event) to the Dubuque Art Center; Resolution No, 336-11 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Hy-Vee Gas #2, and Aldi, Inc., #30; and Resolution No. 337-11 Granting the issuance of a new cigarette permit to Unforgiveable Records were adopted. North Grandview Estates - Partial Release of Mortgage: City Attorney recom- mending partial re- lease of real estate mortgage for Lot 6 and authorize the Mayor to sign it on behalf of the City. Upon motion the documents were received, filed, and approved. ITEMS TO BESET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Braig. Motion carried 7-0 Timber-Hyrst Place No. 3: City Manager recommending setting a public hearing for October 17, 2011 to consider releasi existing utility stor sewer and acce easements on Lot 2 Timber-Hyrst Place N 3. Upon motion th documents we received and filed an Resolution No. 338-1 Resolution of Intent dispose of and releas an access, utility an storm sewer easeme on Lot 2 of Timbe Hyrst Place No. 3 in th City of Dubuque, low was adopted setting public hearing for meeting to commenc at 6:30 p.m. on Octobe 17, 2011 in the Histori Federal Building. City Hall HVA System Improvement Project: City Manage recommending initia tion of the publi bidding procedures fo the City Hall HVA System Improvement Project and setting public hearing fo October 17, 2011. Upo motion the documents were received and file and Resolution No. 339 11 Preliminary appro val of plans, specifi cations, form of con tract, and estimated cost; setting date o public hearing on plans, specifications form of contract, and estimated cost; and ordering the adVer tisement for bids (City Hall HVAC System Improvement Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Oc- tober 17, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Environmental Stew- ardship Advisory Com- mission: One 3-year term through October 1, 2014 (expiring term of Klostermann). Appli- cants: Wayne Kloster- mann, 3254 Lake Ridge Drive; and Stacy Splitt- stoesser, 1694 Radford Road. Ms. Splitt- stoesser spoke in support of her ap- pointment. Long Range Planning Advisory Commission: One 3-year term through July 1, 2014 (vacant term of Braig). Applicant: Craig Bey- tien, 1091 Valentine Drive. Mr. Beytien spoke in support of his appointment. Appointments to the following Boards/Com- mission: Civic Center Advisory Commission. One 3-year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willen- borg, 3497 Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3- year term on the Civic Center Advisory Com- mission through June 29, 2013. Seconded by Resnick. Motion failed 3-4 with Braig, 8uo1, Jones, and Lynch voting nay. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Dubuque Regional Airport - Conservation Easement: Proof of publication on notice of public hearing to consider disposal of an Interest in City -owned property as set forth in the Declaration of Con- servation Covenants and Restrictions Con- servation Easement on the specified property at the Dubuque Regional Airport and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Connors. Responding to questions from the City Council, Airport Manager Bob Grierson clarified the purpose of and the area affected by the Declaration, which will allow the new terminal project to progress. Motion car- ried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Convention and Visitors Bureau: Director Keith Rahe provided a verbal update on the past activities, tourism, and goals of the Dubuque Convention and Visit- ors Bureau. Motion by Lynch to receive and file the information. Seconded by Jones. Motion carried 7-0. Eagle Point Solar-1, ng Connors. Responding m to questions from City ss Council, Police Chief of Mark Dalsing stated o. that the background e information is kept on re file for 30 days and d that landlords have the 1 final decision on tenant to selection. Council Mem- e ber Braig questioned if d there could be con- nt sequences for land- r- lords who do not e attend training ses- a, sions. Motion carried 7-0. a Lower Bee Branch a Creek Restoration e Project - I -JOBS II Grant r Amendment: City Man- c ager recommending ap- proval of an amend- C ment to the I -JOBS II s Grant Agreement for r the Bee Branch Creek Restoration Project. c Motion by Connors to r receive and file the C documents and adopt s Resolution No. 341-11 a Authorizing the execu- r tion - of the First n Amendment to the grant agreement with d the Iowa Jobs Board - and the Iowa Finance - Authority as required - for the City's receipt of - $3,965,000 in State !- JOBS funding for the f Lower Bee Branch Creek Restoration Pro- ject. Seconded by Braig. Motion carried 7-0. Request for Work - Session - Sustainable Dubuque Quarterly Report: City Manager requesting scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly Update. Motion by Connors to receive and file the documents and set the work session as recom- mended. Seconded by Braig. Motion carried 7-0. Julien Dubuque's - 250th Birthday Anniver- sary Committee: City Manager transmitting correspondence from the National Mississ- ippi River Museum and Aquarium requesting a City representative for the committee to celebrate the 250th anniversary of Julien Dubuque's birth. Mo- tion by Connors to receive and file the documents and ap- point Council Member Karla Braig to the committee. Seconded by Resnick. Motion carried 7-0. City Clerk Salary Compensation: Motion by Connors to table the item to after a recess. Seconded by Resnick. Motion carried 7-0. The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary Compensation in a non-public meet- ing pursuant to Chap- ter'20.9 of the Iowa Open Meetings Law. City Clerk Salary Compensation: Motion by Lynch to remove from the table. Seconded by Connors. Motion carried 7-0. Motion by .Jones to receive and file the information and set the City Clerk's salary compensation at $84,052 annually with vacation accrual at four weeks retroactive to September 6, 2011, with step increases based on evaluations and achievement of office goals. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones asked that the correspondence pro- vided to City Council from the Board of Directors for the Veterans' Freedom Cen- ter requesting assis- tance with the need for additional space be submitted to a future agenda adding that if anyone is able to help in the meantime to contact the Veterans' Freedom Center. Resnick compli- mented the Dubuque Symphony Orchestra for their good work and thanked the citi- zens for their support of the Orchestra and area arts. There being no further business, upon motion the City Council adjourned at 8:21 p.m. Kevin S. Firnstahl City Clerk It 10/12 I, Suzanne Pike, a Billing Clerk fo corporation, publisher of the Teleg published in the City of Dubuque, certify that the attached notice was dates: October 12, 2011, and for w Subscribed to before me, a otary this /4 day of Notal portation Funding Agreement (Agree- ment No. 2012-16-011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was adopted. Terracon Consultants, Inc. - Monitoring Well Installations: City Man- ager recommending approval to execute a License Agreement for Site Assessments for the monitoring well installation on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the documents were received, filed and Resolution No. 342-11 Authorizing license agreement for site assessment between the City of Dubuque and Terracon Consul- tants, Inc., to install monitoring wells on public right-of-way at 25 Main Street was adopted. Historic Preservation Commission - 1699 Iowa Street: Communi- cation from the Historic Preservation Commission recom- mending City Council approval of a request to replace a section of damaged limestone curb with concrete steps along W. 17th Street adjacent to property at 1699 Iowa Street. Upon motion Safe Routes to School Infrastructure Grant: City Manager trans- mitting a letter of support for the City of Dubuque's application for the Safe Routes to School Infrastructure Grant. Upon motion the document was received and filed. Safe Routes to School - Non -Infrastructure Grant: City Manager transmitting a letter of support for the City of Dubuque's application for the Safe Routes to School Non -Infrastruc- ture Grant. Upon motion the document was received and filed. Dubuque Police Protective Association: City Manager trans- mitting information on the arbitration award- ed to the Dubuque Police Protective Asso- ciation. Upon motion the documents were received and filed. Special Assessment - 1906 Catherine Street: City Manager recom- mending approval to establish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street, for non-payment of a Settlement Order. Upon motion the documents were received and filed and Resolution No. 332-11 Adopting the Schedule of Special Assessment for a lien against the vai or a usage Agree- ment with Hillcrest Family Services for the use of Murphy Park from October 30, 2011 through January 10, 2012 to set up a holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Fire- fighters Grant: City Manager recommend- ing approval to apply for the 2011 Assistance to Firefighters Grant In the amount of $204,000 for a video confer- encing system (tele- presence) for all six fire stations and the Training Center/EOC. Upon motion the doc- uments were received, filed, and approved. Civil Service Commis- sion: Civil Service Commission submit- ting the Certified Lists for the positions of Assistant Horticultur- alist, Equipment Opera- tor II, and Landfill Equipment Operator. Upon motion the docu- ments were received, filed and made a Matter of Record. Workers' Compen- sation Compromise Settlements: City Attor- ney requesting appro- val for the City Manager to execute two Compromise Settl- ements of Workers' Compensation claims for Terry K. Dolan. ing approvar w reano cate CIP funds to pay for the removal and replacement of the existing roof of the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc-uments were received, filed, and approved. Acting Lead Public Safety Dispatcher - Collective Bargaining Amendment: City Man- ager recommending approval of an amend- ment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local #234, which provides for an additional $1.00 per hour of compensation to a public safety dispatcher who is placed in charge of a shift when there is no lead public safety dispatcher on duty. Upon motion the docu- ments were received, filed, and approved. Iowa Mississippi River Parkway Commission: City Manager transmit- ting the Iowa Mississ- ippi River Parkway Commission Annual Report from August 2011. Upon motion the document was received and filed. teal 1 RGaLa 11 , Ic.a Cancun Restaurant; and a Special Class "C" Liquor License (5-Day Special Event) to the Dubuque Art Center; Resolution No. 336-11 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Hy-Vee Gas #2, and Aldi, Inc., #30; and Resolution No. 337-11 Granting the issuance of a new cigarette permit to Unforgiveable Records were adopted. North Grandview Estates - Partial. Release of Mortgage: City Attorney recom- mending partial re- lease of real estate mortgage for Lot 6 and authorize the Mayor to sign it on behalf of the City. Upon motion the documents were received, filed, and approved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Braig. Motion carried 7-0 Timber-Hyrst Place No. 3: City Manager recommending setting a public hearing for October 17, 2011 to Hall HVAC System Improvement Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Oc- tober 17, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Environmental Stew- ardship Advisory Com- mission: One 3-year term through October 1, 2014 (expiring term of Klostermann). Appli- cants: Wayne Kloster- mann, 3254 Lake Ridge Drive; and Stacy Splitt- stoesser, 1694 Radford Road. Ms. Splitt- stoesser spoke in support of her ap- pointment. Long Range Planning Advisory Commission: One 3-year term through July 1, 2014 (vacant term of Braig). Applicant: Craig Bey- tien, 1091 Valentine Drive. Mr. Beytien spoke in support of his appointment. Appointments to the following Boards/Com- mission: Civic Center Advisory Commission. One 3-year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willen- borg, 3497 Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3- year term on the Civic Center Advisory Com- mission through June 29, 2013. Seconded by Resnick. Motion failed 3-4 with Braig, Buol, Jones, and Lynch voting nay. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. Dubuque Regional Airport - Conservation Easement: Proof of publication on notice ofpublic hearing to consider disposal of an Interest in City -owned property as set forth in the Declaration of Con- servation Covenants and Restrictions Con- servation Easement on the specified property at the Dubuque Regional Airport and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Connors. Responding to questions from the City Council, Airport Manager Bob Grierson clarified the purpose of and the area affected by the Declaration, which will allow the new terminal project to progress. Motion car- ried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Convention and Visitors Bureau: Director Keith Rahe provided a verbal update on the past activities, tourism, and goals of the Dubuque Convention and Visit- ors Bureau. Motion by Lynch to receive and file the information. Seconded by Jones. Motion carried 7-0. Eagle Point Solar-1, LLC - Lease and Power Purchase Agreement: City Manager recom- mending rescinding the previous License and Power Purchase Agreement with Eagle Point Engergy-1, LLC and adopting a Lease/ Purchase of the solar equipment for the roof of the Municipal Services Center on Kerper Court. Motion by Connors to receive and file the documents and adopt Resolution No. 340-11 Approval of a License and Power Purchase Agreement between the City of Dubuque, Iowa, and Eagle Point Energy-1 LLC, an Iowa Limited Liability Company. Seconded by Jones. Responding to ques- tions from City Council, Assistant Economic Development Director Aaron DeJong and the City Manager stated that the agreement provides a benefit and savings to the City, and supports a local business despite the life span of the technology. Motion car- ried 6-1 with Resnick voting nay. Tenant Criminal Background Check Program: City Manager recommending an additional $38,300 be allocated for continued criminal background check fees through the rest of Fiscal Year 2012. Motion by Jones to receive and file the documents and ap- prove the recommen- dation. Seconded by Report: City Manager requesting scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable Dubuque Quarterly Update. Motion by Connors to receive and file the documents and set the work session as recom- mended. Seconded by Braig. Motion carried 7-0. Julien Dubuque's - 250th Birthday Anniver- sary Committee: City Manager transmitting correspondence from the National Mississ- ippi River Museum and Aquarium requesting a City representative for the committee to celebrate the 250th anniversary of Julien Dubuque's birth. Mo- tion by Connors to receive and file the documents and ap- point Council Member Karla Braig to the committee. Seconded by Resnick. Motion carried 7-0. City Clerk Salary Compensation: Motion by Connors to table the item to after a recess. Seconded by Resnick. Motion carried 7-0. The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary Compensation in a non-public meet- ing pursuant to Chap- ter •20.9 of the Iowa Open Meetings Law. City Clerk Salary Compensation: Motion by Lynch to remove from the table. Seconded by Connors. Motion carried 7-0. Motion by Jones to receive and file the information and set the City Clerk's salary compensation at $84,052 annually with vacation accrual at four weeks retroactive to September 6, 2011, with step increases based on evaluations and achievement of office goals. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones asked that the correspondence pro- vided to City Council from the Board of Directors for the Veterans' Freedom Cen- ter requesting assis- tance with the need for additional space be submitted to a future agenda adding that if anyone is able to help in the meantime to contact the Veterans' Freedom Center. Resnick compli- mented the Dubuque Symphony Orchestra for their good work and thanked the citi- zens for their support of the Orchestra and area arts. There being no further business, upon motion the City Council adjourned at 8:21 p.m. Kevin S. Firnstahl City Clerk It 10/12