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Proof of Publication_City Council Proceedings 11 7 11,`Mil!ige n, CitY Aforney RostSe� Building Recog- , LinddajiiAoined at,5:10 nitiopi,; City. Manager p•ni.'j' , ,,, ;, ' ' transmitting • corres- ; . Matt'yx""o1-'B ol,read the pondence from the ! 'call Arid stated.this is a'.' 1000 Friends of Iowa special ads ibn,,of :the Informing the City that '.City,1�q`(Incil;to adpduct . Dubuque Initiatives has :''a wg) -5@SObnion.the receRRed the Best ;;,Susta(" big, pubuque . Development Award in iQua; y.V date:, the Best, Renovated • i, �� 8810171'.., Com,mercial /Civic Elity ,' Category',,: for '.the INABLE - , ,adaptive, re -use, of the ,DUO • Uk UrnERLY ,, Roshek;:Building. Upon RATE , motion the docUment • Susta nabllity .Coor- was received and filed. dinat ,Cori ' Burbach' National Trust for ' :state, ,that the purpose , Historic • Places - •'of tti'e,•liklate•;was',to 'Roshek-BUllding'Recog '.focus'•gp, susttaindbllity, nitlon: City Manager , progr rSs.that;relateto,. submttting„ , corres- °the figg rfllc Prosper pondence' . from , the ity :13111' , -' of 'sustain- National ' Trust for ;bility „ is , Burbach . 'Historic Places inform- j;introdliOd Members of, Ing the City that the the Sutainabllity • Roshek Building will ' aneJF"ho.updated the- : receive, one of 14 itya•ggt{fcil on -. the;, National Piesrervation , olloWrn .preas:,. , .. Horior Awards.for 2011. , Grit ` g.; Sustainable,,, � Upon . motion the 'Cam' n R i . "Confer'-• " ocU eht w S . re,- - d i�pp nce,,,Tp 'WobilWar,,d ','celVedandfile ' ,. •Byre (SUppiler Net -; Governm nt Finance • fworicO a ly MdEleroy . Officer; Association ';Jr, eStinatlotI for, , (GFOA) - Recognition: ' " ' RI CRY Mana er tra s- rtlr'iiity" Rick; v 9 4 ••Qpdg :bickiitrppri ; mitting correspon- r •Itjgdyatlbn-: Consgr -. ,dente advising that the ,, iuroj.'DDatl,Nc�.bonal,dd: `,, City • Of Dubuque and •Green'Jobs and, In; r, Budget,.DI ector Jenny t "dustry, -.Wendy Knight - "'Larson have been, - ir •S rter :Sustainable • awarded , the Dis -, t Dub • Ue : David Lyons ' tinguished , Budget tttere,_.,peing„ no Presentatioh', 'Award' ',further. :bti iness,.upon from, the Government ik, notlof) the C1ty-Councll .Finance . Officers. i.- adjetlrged at 6 :09 p.m. Association (GFOA). /s/Kevin S. Firnstahl Upon motion . the City Clerk . document , • was City .OF DUBUQUE, received and filed. • !';.. ' IOWA Friends of the Mines CiTY COUNCIL, ' of Spain - Recognition: PROCEEDINGS , City Manager trans- REGULAR SESSION !pitting a. Certificate of The,; Dubuque.. City ; Appreciation recog- Goulicll njet, in regular nizing the , City of §Session at 6:30, pm on Dubuque for • sup- ,(Joveniber.' 7, ,;2011: In porting the Mines of the . 'Historic , Federal . Spain In the , area of ,: Building ;'.350 W, 6th Partnership /Center Street::. ;_'• and Land. Upon motion Present :,Mayor,Buol, , the' - document Was Courlci #,' ,.;,' Members recelved,and flied. rang, onnors, Jones, Letter of Intent,- 2012 Lynch,, esnIck, Sutton, Ail-America , . City CCity' ;Manager, Van 'Award: Letter of Itent Millig r), City Attorney to apply for the '2012 Lind of All- America City Award Pledge of Allegiance to the National Civic. • Invocation ' was League on behalf of the 'provided by,Major Tom, Community Foundation Masoh:of the Salvation, of Greater Dubuque,' Army;., . Every Child /. Every PRESENTATIONS Promise and the City of Resource Manage- ' Dubuque., Upon motion rnent. Coordinator PaUI the documents were' • SchUlti :presented' a ; received and filed. • gift fropi theCharigsha Environmental Stew - ;GoveTibffient pf•China / 'ardshli:d Advisory Com- CMA, :`FFelloyvs.hlp Ex- • ';mission: Commissioner change to the City of • :Edward Cawley submit - Dubuque. ting his • resignatloh ' Convention and from- the Environ- Vlsitors ,Bureau Event .mental • Stewardship and , Sports Director Advisory Commission. Katie Simmons Upon motion the presented the .Iowa • documents Were ;Tourism. ' Outstanding received, filed and the Elected Official. Award resignation accepted. . to City CQuntil, Member • Hdman Rights Joyce; Connors and the Commission:, Commis -, NiViche,.- MarlIk�eting stoner. Megan . Gloss ,Award;,, for `Art,iV$arket submitting _ her . resig- , to tht City of Dubuque .nation from the Human and , he .Dubuque Arts- Rights .: Commfsslon. °.Cent' •r. - .Upon motion • the ' DUl udue Art Center document ' was Director Jordan.DeGree received, filed and the 'presented the •Arts resignation accepted. ',Advocate 'of Distinction Investment Oversight ward' to Arts. and • Advisory Commission: Cultural . Affairs Coor- Commissioner Hiram 'dinator Jan Stoffel. Melendei submitting Dubuque Community his resignation from :V iolence the Investment Over - Program ; Director . Sr. sight Advisory; Corn- , Charla _ Bulko recog- mission. Upon motion sized Dubuque Police the document was Adffl 4 , c Halntri8nc ,n- - - raclininatinnilaccented:.'. received and filed. Federal Emergency Management Agency (FEMA): City. Manager, transmitting corres- pondence from. Louis, Rodriguez of the Federal Emergency. Management Agency (FEMA) . revalidating the determinations for propertiesand /orstruc- tures as described In previously Issued Letters of Map Change (LOMCs), subsequent revisions to the October 18, 2011 National Flood Insur- ance Program (NFIP) map and encouraging distribution of , the information to the community. .• Upoh motion the document . was received, filed and referred to the City Manager. • State of Iowa Annual Financial Report: City Manager •recommen 7 tng.approval to_publis the cover page of the Fiscal Year 2011 Annual, Financial Report and file the entire report with the State Auditor's Office by December 1, .2011 as . required; by Section - 384.22 of the Code of Iowa, Upon motion the 'documents were received, . filed, , and approved. Workers' Compen- sation Claims Admin- istration Agreement:. City Manager recom- mending _ approval of the agreement be- tween the City of Dubuque and Alter- native Services Con- cepts (ASC) for services related to the ' administration of the City's Workers' Com- pensation Program effective October 1, 2011 through Septem, ber 30, 2012. Upon motion the documents were received, filed, and approved. Appeal of Claim by Chelsea Smith: Corres- pohdence from Jo Ellen Reed . and Chelsea Smith appealing a claim against the City of Dubuque denied by the Iowa Communities Assurance Pool (ICAP), Upon motion the document was received, filed and referred to the City Attorney. , AmeriCorps - 2012 - 2013 Grant Application: City . Manager recommending the execution of the Iowa Commission on Volunteer Service City of Dubuque, AmeriCorps Program grant application. Upon motion the documents were recelved; filed, • and approved. AmeriCorps - Agree- ment With Dubuque Community School District: City Manager recommending appro- val of an agreement between the Dubuque Community School District and Ameri- Corps fqr the 2011 -2012 school year for AmeriCorps members to serve in elementary, middle and high schools. Upon motion the documents were received, filed, and aoorove . authorizing . the acqui- sition by eminent domain of certain real property owned by WP Investments, LLC in the City of Dubuque, Iowa, was adopted. • Bee Branch Creek, Restoration Project - 540 E 16th Street: City Manager recommend- ing establishing, the fair market value of 540 E. 16th Street owned by WP Investments, at the appraised value of $68,000, and authorize the City Manager to commence negotia- tions to acquire the property for the Bee Branch Creek Restor- ation Project and further authorization to acquire the property through . eminent. domain if negotiations fail. Upon motion the documents were received and filed and Resolution No. 358 -11 Establishing the -fair market value and authorizing the acqui- sition by eminent domain; of certain real property owned by WP Investments, LLC In the pity of Dubuque, Iowa, ' was adopted. • Bee. Branch Creek. Restoration Project -. 2410 Washington .• Street: , City • Manager recommending appro- , vat to purchase a 4- piex rental property owned by Kim McDermott at 2410 Washington Street for $119,000 as part of the acquisition, program associated with the. Bee - Branch Creek Restoration Project. Upon motion the documents , were received and filed and Resolution No 359 -11 ApproVing the acqui- sition of real estate owned by • Kim McDermott in the City of Dubuque was adopted. Bee Branch Subdivi- sion - Plats of Survey: City Manager recom- mending approval of the Plats of Survey for Bee Branch Subdivision Nos. 3, 4, 5, and 6 in order to• separate buildable areas from the area of the parcels needed for the Bee Branch Creek Resto ration Project. , Upon motion the documents were received and flied and Resolution No. 360- 11 Approving Plat of. Survey of Lots 1 and 2 of Bee Branch Subdivision No.3 in the City of pubuque, Dubuque Courfty, Iowa; Resolution No. 361 -11 Approving Plat . of Survey of Lots 1 and 2 bf Bee Branch Subdivision No. 4 In the City. of Dubuque, Dubuque County, Iowa; Resolution No. • 362 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch , Subdivision No. 5 in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 363- 11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision .No. 6 in the City of Dubuque, Dubuque County, Iowa, were adopted. Housing Enterprise Zone Amendment: City Manager recommend- ing approval of an amendment to the Housing Enterprise Zone Program Agree- ment for the Caradco Project, approving the change of ownership from Caradco Building, LLLP to Caradco Landlord, LLC. Upon motion the documents were received and filed and Resolution No. 365- 11 Approving r an amendment to a Housing Enterprise Zone Program Agree - ment by and among the Iowa Department of Economic Devel- opment, the City of Dubuque and Caradco Building, LLP was adopted. Dubuque Regional Airport -. Small Community Air Service Development: City Manager recommend- ing that the Clty provide' the previously budgeted $150,000 grant match for the $500,000 Small Com- munity Air Service Development . Grant from the U.S. Depart- ment of Transpor- tation: Upon . motion the documents were received, ' filed, • and approved. Sustainable Dubuque - Monthly Report: City Manager submitting the Sustainable Dubu- que Monthly Report for October 2011. Upon motion the documents were received and filed. Vehicle Noise Memorandum Adden- dum: City Manager providing an update to the information pro- vided on July 25, 2011 regarding the Dubuque Police Department Police Department's vehicle noise enforce- ment efforts „as well as addressing citizen concerns on the efforts and suggestions on , setting decibel limits and using noise meters. Upon motion the documents were received and filed. Historic Preservation Commisslon:Communi- cation from the Historic Preservation Commission request- ing the City Council make the West Locust and Bluff Street area a top priority during this year's , goal setting session. Upon motion the documents were received and filed. Dubuque Casino Hotel - Assignment of Lease Agreement: City Man- ager recommending approval of the Assignment of Lease Agreement for Dubu- que Casino Hotel, LLC to DuPaco Community Credit Union as security for financing of Dubuque Casino Hotel, LLC's current indebtedness. This Item was withdrawn from the agenda at the request of the property owner. Stipulation of Settle- ment Property Tax Appeal: City Attorney recommending appro- val of the Stipulation of - Settlement for First Services of Iowa, Inc. for asbestos removal related to fhe Fire Department Headquar- ters Roof Replacement Project; H) Indemni- fication Agreement between the City of Dubuque and Ronald and Sandy Conrad; I) Public Improvement Contract between the City of Dubuque and Vorwald Log & Lumber for the deconstruction of the commercial building at 501 Garfield Avenue. Upon motion the documents were received and filed. Alcohol Compliance - Clvil Penalties for Alcohol License Hol- ders for HyVee Vine & Spirits: •City Manager recommending appro- val of the Acknow- ledgement / Settle- ment Agreement for an alcohol compliance violation for HyVee Wine & Spirits at 3500 . Dodge Street. Upon - motion the documents were received, filed, and approved. AlcohorCompliance - Civll Penalties for Alcohol License Hol- ders for . Kaimes Breaktime Bar & Grill: City Manager recom- mending approval of the Acknowledgement / Settlement Agree- , ment for , an alcohol compliance - violation for Kaimes Breaktime Bar & Grill at, 1097 Jackson Street. Upon motion the documents were received, filed, and approved. - Liquor License Refund: Cafe Mana Java West requesting a refund on Special Class "C” Liquor License No. BW0093112 in the amount of $253.13. Upon motion the documents were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 366- 11 Granting . the Issuance of a Class "B" (Hotel /Motel) Liquor License to Grand Harbor Resort & Water Park, Hotel Julien Dubuque; a Class "C" Beer /Liquor License to Yen Ching Restaurant, Aragon Tap; a Class "B" Wine Permit to Target Store T -0086, and a Class "WBN" Native Wine Permit to Kwik Stop; and Resolution No. 367 -11 Granting the Issuance of a Class "B" Beer Permit to Jumpin' Jane's Indoor Party. Center; 'a Class "C" Beer Permit to Big 10 Mart Car Wash, Kwik Stop, Target Store T- 0086, and Kwik Stop Food Mart were adopted. 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 Clty Clerk to publish notice as Manager recommend- sight distance issue at ing' setting a public Wild Rose Lane and , hearing for December Middle Road needs to 5, 2011 and initiation of be resolved by the.,; the public bidding developer. ,'prior to process for the Bee further processing of Branch Cyeeh Floating the .Final Plat. Motion j Island Protect, Upon by Connors to receive, j motion the documents and file the documents were received and filed and approve the and Resolution No. 371- recommendation. Se- i 11 Preliminary appro- conded by Jones. val of plans, Motion carried 7 -0.. specifications, form of Consent Decree - contract, and esti- Request for Inflow and mated cost; setting Infiltration Inspectors: date of public hearing City Manager recom- on plans, specifi- mending authorization cations, form of to create two - full-time contract, and esti- inflow and - intiftrattoh mated cost; and (I &I) inspectors and tb • ordering - the adver- purchase two : new tisement for •bids- vehicles for the (Lower Bee Branch Positions, which will Creek Floating island • Increase the .City's Project) was adopted ability to conduct setting a • public "sanitary sewer Inflow hearing for a meeting and Infiltration Inspec- • to commence at 6:30 tlons at businesse's and p.m. on December 5, homes - in order- to 2011 in the Historic, comply with • the Federal Building. . Environmental Protec-' lower Bee Branch' tion Agency ' (EPA), Creek - Enhancement - Consent • Decree. Overlooks: City Man- Motion by- Jones to age; : recommending receive and file the documents and ap- prove the recommen- dation.' ,tiSegonded by Connors. Motion car - ried -7 -0: • Shelter Plus Care Program ` Funding Request: City Manager: recommending appro- val to provide $5,000 In support • Of - continued administration bf• the: .Shelter Plus .: 'Care Program th dughe the balance of FIseal `Year. 2012. Motion • . by Con ors td•receJVe=and flle�t docuThO ts'.and7 approve . the t:ireeom- mendatio Sec'¢ tied and estimated ,.cost; by Brag. 4;1 • and ordering , the eal'J`,id advertisement ',for. 449o44ofNOt ins ces' (Lower `_Bee : = , Branch,. M� entd men' Water Creek Enhancement,- =• ters a `Related Overlooks) : - - WeV.,..'gcesSorteet}:GJty- Man -•' adopted, ,setting -a • agt -- .reoommending public hearing for a_ approval • of an _meeting to commence Ordinance Amendment" at 6:30 p.m. on to Sections 13 -1B -1 to December -•5, .2011 In . 13 -1B -11 to Incorporate the HIsto'`rIc • Federal Unmeasured Flow • Building.. Reducer (UM) devlees BOARDS/ and clarify the COMMISSIONS property owner's Applicants - were responsibility for the invited to address the care of . 'the water City Council regarding meter , _ assembly. their desire to serve on Motion Jones' to the following Boards /, receive and file- the Commissions: - doouments, .-and that Environmental Stew- the requirement that g ' ardship Advisory Com- proposed ordinance be mission: One 3 -year considered, and voted term through October on for passage at two, 1, 2014 (expired term Council meetings-prior of Cawley). Applicant: to the meeting: at Wayne' Klostefrtann, which ItJs.tttbe posed 2636 Queen Street: be suspended.' Se- Human Rights conded y. Braig. Commis,slon; One 3- Motlpn o$ ;Z-0, . ' year term through Motion by onnors -for January 1, 2014 (vacant final conslderatlortand term of Gloss). Appll- passage of Ordltiahce cants: Nickie Blume, No. 49:11 Amending „ City of Dubuque Code , of Ordinances Title 13 , Public Utilities, Chapter 1 Water Use_ rand • Services, Article..., B •, Water Meters, secions 13 -1B -1 to 1301B=1 by Incorporating the regu- lation of Unmeasured Flow Reducer Devices and clarifying the property owner's responsibility for the setting a public hearing for December 5, 2011 and initiation of . the public bidding process for the Overlooks. enhance -' ment related to the Lower Bee Branch Creek Restoration Project. 'Upon motion the documents were reoetved and filed and Resolution No. - 372 -11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of- public hearing on plans; spedJfica; tlons, form of contract,-.: 2623 Washington Street; Miguel Jackson, 631 University Avenue. Zoning Advisory Commission: One 3- year term through •July 1, 2013 (vacant term of Stiles). Applicant: Eugene Bird, Jr., 3357 Arrowwood Lane. Appointments to the following Boards /Com- misslons: • Plumbing Code Board: care of the water .: One 3 -year term meter assembly. Se- through November 2, conded by Jones. 2014 (Expiring term of Motion carried 7-0. Wlllenborg). Applicant: Jule Transit Harlan WI lenborg, Shopping Cirou star 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: November 16, 2011, and for which the charge is $463.13. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this l day of , 20 ( ( . ry Public in and for Dubuque County, Iowa. aw'- JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2013 res did .` -th`'- • Arts resignationaccepted. between the Dubuque of Bee Branch Hotel, LLC's current Food Mart were dvo' tbbf DI war: to A Cultural Affal dlnDu J °tto Y to e� Broi Cha -b .rliz d idub ffl t<•lU 41 • otiori Investment Oversight Community School Subdivision No. 5 in the indebtedness. This adopted. and Advisory.. Commission: District and Ameri- City of Dubuque, item was withdrawn ITEMS TO BE SET FOR Coor- Comml;sioner Hiram Corps fqr the 2011 -2012 Dubuque County, Iowa; from the agenda at the PUBLIC HEARING I.. Mele0 ez subigittifg sphool year • for and Resolution No. 363- request of the property Motion by Lynch to unity his resignation from �meriCofpS methbers 11 Approving Plat of owner. receive and file the ehce the JllveStrhent Over- t0 Serve in elementary, Survey of Lots 1 and 2 Stipulation of Settle- documents, adopt the =$C. • .111811t. Atigi t irk• Middle dfld. '. high of Bee Branch ment -. Property Tax resolutions, set. the §- rrl ss Oh. Upon ino on S$hools. Upon mot On Subdivision No. 6 in the Appeal: City Attorney public hearings as olice the doe Merit Was the documents were City of Dubuque, recommending appro- indicated, and direct fdr reg +IeYl Afl .the received, flied; and Dubuque County, Iowa, val of the Stipulation of the City Clerk to t'StI ,P-, .- �a�. 11 approved wert adopted. • Settlement for First publish notice as Y-far ,Hllictes • -Fen: lye, u re ,stf4[Rr aL.,- ,Northwastern Trust - -- _ prescribed,. by.. - -law.:, c' "`n a : • ar rvices Temporfy bflque Marirf -Man- Nellis Management for Seconded by Connors. Uqua a treet a Mt 'City_ Manager Wipe gJrec •.ppan transjnitting , corms- ,LoBiancto pr ented, .ponde e , ffolrr 'Erik the+` Dub • ue,,. Main Ber gru r- President of � M, s t 'tibe T"..7d�lic n' dmltrn -- Rehabilitation.(o1Storic istration, informing the Shot Tower), B New' City Manager that he Ir,, [ }<a qu 1•i6.1r la ill I. 1, P f 1 /kit . er fd Parking Agreement: agement: City Manager City Manager reoom- recommending appro- mending approval of: a val to initiate , the (emporary'' - parklr[g - Request for Proposal lcense 'agreement in process for Marina Ibra Park for Hlllcrest Facilities Management Family Services, Inc., Services for the Port of during their construc- Dubuque Marina Pro - ConstrdGtlorr: fal.. anff.:, -.has been appointed to tion process. Upon ,ject. Upon motion the ' Central Avenue-411V a- three-year term_ on motion the documents . documents were ' Ing Ra p),' and', Best the,BOard of Editors for were received, flied, received, . filed, and II rt et h`p rter the • ASPA's • Pjikklic ,and approved. approved. - �Kalb t. - .RoVIIII v,, . .IOWa �J2 Bike /Hike: - Request for Proposal - Journal. -Up motion Trail Protect - Phase 3 The Jule Intelligent PROCLAMAT QNS , the document was Acceptance: City Man - ' Technology ' Systems Philanthropy, Day' received and filed. ager recommending (ITS) Equipment: City (NoVem er- 15.A.;2011). . Mediacom_ Commun- •acceptence.of the Iowa Manager recommend- wasp- . epted by Dan ications: Communi- 32 Bike/Hike Trail Ing approval to issue a MCC,- l l of - the cation • from Lee Phase :' 3 •r• ect Request for Proposals Ass Odation - of- •.f'und,_ Grassley, Senior Mana- (between= -, t-` o it .for. the purchase and 'raising Rrgfe: ovals ger for ' Government nd days : ' = i ;fat; :-Installation of Intell 2012 Regional,, Sports ' mated cost; setting ate' Td state Relations for Medl- C n pike r " rreillto41geht Technology . Authority' District CO-' • • date of-public hearing a + ,,' -•rf ommunications gohlrr; 'Exc - : $y6te ns (ITS) equip, ;tification. Upon motion on plans, Speciflca- ing the City' •b> -v tfnq, in , th'e flf+ f ei ent.' on The Jule's ' the documents ' were tipns, form of contract, s in pro-, . ,aariibunt of' $136 94( bu$Es. Upon motion' xe.Ceived and filed and estimated cost; arote 'gramming. Upon mole,' U on motion'tjredocU;,;. •the' documents were,' ' [Ova Departmeht of and ordering the Lque ten the documents', ., nhts ''Were • reifelved f • received, ' filed, and ° ;Natural '' .Resources,' advertisement for bids n F. were received .an'm:,'and- .4iled:'r -and•. Reso - approved. • (IDNR) :'city•- Manager was adopted setting a i';lf lied., lotion No. -•, 355 -11 , Project Update - 7th• transmitting corres- public hearing for a S - -A - Substance ' Abuse Accepting the IotWa 32 Street Retaining Wall pondence from ' the meeting to commence h to Services Center (SASC) Blke /Hike Trail Phase 3 ' Emergency Repair: City 'Iowa Department of at 6:30 p.m. on i �•tha = -First Quarter'Re off -, 'Pto1eotand authorizing' Manager recommend- November 21, 2011 in the payment of the ing rejection of all bids oontract amount to the for the 7th Street contractor : - - • was Retaining Wall adopted. Emergency Repairs Bee Branch Creek Project and that the Restoration • Project - project be re -bid over 1617 Maple Street :•City - the winter with a Manager - recom- ' completion date of mending establishing„ June 15, 2012 and that the fair market-value1of - the rejection of bids be 1517 Maple'; .Stnel~tc.' -..officially recorded in aWned by.TbriyZeliner'., 'the minutes of the City at+:the�ap ralsed-valtie , Council. Upon motion $$6M950; -anti $[(e 'documents were a ng ' "th City rgcGived, filed and n gsort• • •. e i o �l}�1 e a Matter of aAgreenie t: City Man Ao noWlgd ing a pro o 1at�• 9- ire ;Record. 1•agg�r r�hpm►nendingI, po§ep.'•amendment to pro • • r',�th$`"-�'- ,_:,.Project Update - `terxnioation Of, the! the Plan ,for the Old e...• Bf' 16 - • ek Madison Street Retain - drtyte.lease With• - the f, Main Urban Revitall- e toratlon- Project, ing Wall Emergency Regional Transit zation • Area and a d - further. 'alfthori- Repair: City Manager Authority (RTA) for two providing for a public .zation to-• acquire the - recommending re -bid light -duty Sprinter hearing was adopted roperty through • of ,,the Madison Street buses in the exchange setting a public eminent . :domain -;• if ' • Retaining Wall for a payment to the hearing for a meeting negotiations -fail. Upon` .- Emergency Repairs _-City, of $24,181.18. to commence at 6 :30 motion"the docyments "Project over the winter ,Upon motion the docu- p.m. on November 21, were received and filed • -with-a completion date ,meets were received, 2011 in the Historic and Resolution.No. 356,- of June 15, 2012 and filed, and approved. . Federal Building. ' 11 'Establishing the fair - that the project delay • Signed- Contracts: A) University of Dubuque market value . and be officially - recorded Dittmer Recycling In- Geothermal Line authorizing the In the minutes of the corporated Amend- Bennett Street Ease - acquisition, by. e •1 ent City , Council. Upon ment to Agrepment;-'B)+,'.- meittr., City • Manager domain dfaip I gal, motion the documents Strand aeclafes recamrriending setting 1were received, filed Water Pgll' i h C3htre ai public ;hearing for rid made a Matter of .,,plait,,,':.- ifioations 'November -21, 2011 to 12eoord, ,Proect Change Order'{ ;consider., granting an uarterly Investment ;-.NO:' 11.' With Mlrpr a en across Q e` . rP t '. IlepOrtit City- Manager s ,onstr()ctiatr C e. I, J3 ndtt•,- "Street to - trahsrtt�tting the ;•,) ;trend; ¢ssod1ates ac'eo1imoBate the DI {{yy,;k l�u erly Investment ', at hppllpt[ r tilti`ttj, geothermal, system for eh d' 'Rent)' for the period of ', h :f Modi(ipatrOgs the "' University of :v tbfe, -. Julyc-.4. • 2011 through Project Change- Order, :, Dubuque Performing (ue of : September 30, 2011. No. 12 with . Miron Arts Center. Upon property located at Motion carried 7 -0. 1500 John F. Kennedy Grand River Center - Road (Long John Exhibit Hall Carpet Silver's). Upon motion Replacement:CltyMan- the documents were ager recommending received, filed, and setting a public approved. hearing for November Iowa Economic 21, 2011 and initiations Development Authority of the public bidding (IEDA): ' Correspon- process for the Grand dence • from the River Center exhibit Director of the Iowa Hall Carpet Replace - Economic Development ment Project. Upon Authority (IEDA) Direc- motion the documents tor Deborah Durham were received and filed informing. the City that and Resolution No. 368- it has approved the 11 Preliminary appro- eligibility of Dubuque val of plans, Convention ,& Visitors specifications, form of Bureau for Fiscal Year contract, and esti- ,' 1670 J, e ad, Ida' 016 '`,bye Ir Ill p itflodllnie+tt3;•:a Opt -the Substance Abuse red�eo utions, : -i and Services Center (SASC) dl--• 8 e.Of as indlaate,d. Executive Director , . tied. by Cddnnnors. ' Diane Thomas submit r y , -, r • led -7 q ting the Center's First Yi a deport 00barter ort Submitted:- Art and detailing -tile_ aot V les Culttural Affairs': Advi- '-df &the High, Risk YOUth s eq {jt l 1�i • City of thegr documentmowas sqf', received and flied. Vice.; Iowa Department of 'Transportation (IDOT) - ee Branch Creek Trail: ty Manager submit g correspondenQ , frofn the loWR- r j'Qepartment °nsortt en... r p ejpn (IpOr Go i iailston .- ;informing the City that �_ he Iowa TranSpor- ,f r,G Boa ltd -`of 'tatlon Commission has tlatd,•kfrom -,, approved the .Bee a /29. * °-- :-:Branch Creek Trail =. - Wig, Publication, MRT Route for fundi g for - --.. 61ty,,, , C uncl1 '; .assistance VOA, -the - Of October'' 'State Recreational 3 and October 1t 2011; Trails Program. Upon and List of ClallfFS and •motion -the document Surfrmary of Re,-_ nue5 was received and filed. _for • Month . Ended Iowa Department of September 30, 201, Transportation (IDOT) - . U�pn POI the -. Rjght=pf -Way Lease doggp nt$; r •t,, *Ore, 'Agreement: City Man, Ireceived and file F . r Notic- of Cleirris g s Via) : h ': 111jprx i�tr R AppraltiO Alotai docum Natural Resources (IDNR) Informing the the Historic Federal City it has placed the Building. Water Pollution Control Old Main Urban Plant Cogeneration Revitalization Area Facilities Project on the Plan: City Manager Fundable List of the recommending setting Intended Use Plan a public hearing far (IUP) for the Fiscal November 21, 2011 to Year 2012 3rd Quarter consider an amend - IUP. Upon motion-,the ment tto the Old Main documents. , ,; :1 >WOO,: Urban:, Revitalization received and filed, 'Area Plan. Upon motion Regional 'transit • the, documents were Authority ° (RTA) , = r ceived, and flied and Termination' of I Lease ff olutlon. No. 369 -11 prpperty �'ow e up' • - recommendim Tan Zen erJn,the apprdval ' of a lea s ub ! >pwo agreement with -t '�����IIIB P0a 'rnei5t, " c . I ransportatl n Ci lige - for use of the rig the.' Way east Of Elm. ' :were ' for a surface p Iggd�{��.- and lilt to facllitate.,F , fair mar1iet -va tq �`.clty -*teased` atking 5 8 •. E `'36th -.Street ; Upon ' , motion the Construction Co., Inc.; motion the documents .I`fl ' • heet1`s• M • the Historic owned 'by WP documents were D) Strand , Associates were received and filed tit, ad-ylsing •MiliWork District. Upon Investments, at - the received and filed. Water Pollution Control and Resolution No. 370- r. ffi f- i,,il -e• ;fdlt$Wing motion the documents appppraised value . • of 40 Main, LLC - Fourth Plant Modifications 11 Resolution of Intent Op DUBiJQUE, • - CI ntgo 4havt: • "been were received, flied, $360,000, and authorize Amendment to Devel- Project Change Order to dispose of City E IOWA ' referred to • -Public and approved. ' • the City Manager to opment Agreement: No. 13' with Miron interest by Grant of • - Eiptity. - Rrek,Servie s of, AT &T - Lease , commence • ' negotia, City ,Manager recom- constructioh Co., Inc.; , Easement for private CITY COUNT.. 'IIdwa;allffe.agentr the -• Extension: City tops -to 'acquire the mending approval of ' E) interstate "Power &' - Utility., to University of PROCEEDINGS ' Iowa Communities Manager submitting property for the Bee the Fourth Amendment Light Soil Use Dubuque for an SPECIAL SESSION ssuranee- - ,- -Pool: - correspondence from Branch Creek Restor- to the' Development • Agreement for Excess underlying portion of The Dubuque'; G[, ahkee 1�,Nbirman,- for _ William - Armstrong, • atlon , Project and Agreement with 40 Excavated Soil; F) Bennett Street was • Council met in Special - Vehicle damage, Trisha Cingular Wireless further authorization to Main, LLC. Upon Allender Butzke Engi- adopted setting a Session at 5:00 P.M. on Reck . _ -for.. property PrOject Manager / acquire the property motion the documents neers, Inc., Water public hearing for a Noverr�p�er 7, 2011 in damage, Rose Schaepe AT&T,' informing the through ' eminent were received and filed Pollution Control Plant meeting to commence the :}iiatorl . ;Fecteral , foj - vehicle „:damage;. City of _their to , domain. i f - negotiations, arid. Res lytion •No. 364- Modifications ,. • project at . • 6:30 , p,m, , on Build r 9 � W7 BtF `fief yl -- Stewart .,.for- ektend the lease term fall. Upon motion fhe 11' • Approving the Arrrendment •Nd, ; 2' fir, .November 21, 2011 in mage Upon for Site D6Q284p (1525 do- lrts Fourth Amendment,:tp ' Geotechnical . Engi- the' :Historic' Federal Present iilaY0'8t3191.. ' 004 Council :Members- ••TR Braig,,Connor¢ Jone,S' ,a Lynch,, Resnigl1;-SSytto ,• City Managet ; ,Van were e0doquhtents ,West ; Third•;' Street reeeiv a and filed and • the 40 Main I_LC neering Services; G)' Building • V filed :1�`tater Tower) for five, 'Resolution No: 367-11„ •Development ” Agree,,, yVendor Services Agree, Lower Bee Branch 3' "years• Upon motion the' Establishing,..-the • fair,' merit was adopted, ment with. Environ- ,'Creek Enhancement - "'dodymenf ; . -: were market value • and t .;Caraddo Project ' r • mental ,,, •Management, Floating Island: 'City Stiles). Applicant: incorporating the regu- Eugene Bird, Jr., 3357 iation of Unmeasured Arrowwood Lane. Flow Reducer Devices Appointments to the and clarifying the following Boards /Com- property owner's missions: responsibility for the Plumbing Code Board: care of the water . One 3 -year term- meter assembly. Se- through November 2, conded by Jones. 2014 (Expiring term of Motion carried 7 -0. - Wlllenborg). Applicant: Jule Transit Harlan Willenborg, Shopping Circulator 3254-Lake Ridge - Drive. • Route. Changes: City - Motion by • Lynch to Manager recommend - appoint Harlan Willen- Ing approval of the bbrg to the Plumbing Shopping circulator Code Board for a 3- route and the resulting year term through changes in the Red, November 2, 2014. Green and Grey Lines. Seconded by Resnick. Motion by Connors to Motion carried 7 -0. receive and file the PUBLIC HEARINGS documents and ap- Upon motion the rules prove the recom- were suspended allow- mendation. Seconded ing anyone present to by Resnick. Transit address the City Manager Barbara Council. Morck gave a slide Sale of Property - presentation on the 2315 Jackson Street: change in routes. Proof of publication of Motion carried 7 -0. notice of • public Dubuque Racing hearing to consider the Association (DRA): sale of City -owned Correspondence from property located at „;;Je' Aviles, president 2315 Jackson Street to” ` arid CEO of the Raymond Pfeiffer - for, Dubuque Racing Asso- the purchase price of •ciation (DRA) request - $74,000 and the City ing appointments of Manager recommend- the required • govern- ing approval. Motion mental representatives by Cohnors to receive' to ,its Board': of Direc- and file the documents . tbrs;' , currently Mayor and adopt Resolution Buol, Council Members No. 373-11 Resolution Ric Jones, Kevin Lynch, of Intention to dispose and City Manager of City -owned pro- Michael Van Milligen. perry, specifically, East Motion by Connors to Y2 Of Lot 24A in L.H. receive and file the Langworthy's Addition documents and reap -, in the City of Dubuque, point Mayor Buol, County of Dubuque, Council Members Jones Iowa, according to the and Lynch. and City recorded `plat thereof, Manager Van Milligen. 2315 Jackson Street. Seconded by Braig.. Seconded by Lynch. Motion carried 7 -0. Motion carried 7 -0 . , • , Request 'for Work Upon motion tjle'�'fuigs,v,,se¢sSiop --Roundabouts: were reinstated-III-6W- ;:City, Manager request- ing discussion to the ing Setting • a work City Councils ,1 - - session for Monday, ACTION ITEMS Decemher 19,, 2011 to Dubuque -MalitTl �t,reet provide an Overview of Historic': M11italQl'k' ,f� is roundabout ;.;goncepts trict: •?'CubugUe'fvJain4` arldbeneflts��n -lieu of Street' • -Execu iVb-- $editional' inter'section Director Dan LoBlanco design and signall- presented an Update zation. Motion by Braig on the history and to receive and file the progress of projects In ' documents and sche- the Historic Millwork dule the work session District,. and Resource as recommended, Development Director Seconded by Connors. Ryan Dierks described Motion carried 7 -0. how the projects relate . COUNCIL MEMBER . to the Sustainabillty REPORTS Principles Motion by Resnick recognized Connors to receive and Veteran's Day this file the informatlgn.:,;:Ycoming Friday and Seconded by Resnick ;encourage citizens to Motion•carried,7 -0. `'2 .engage„ ; in local Citizen Petitl n:= Run activities and events Off on• . ` Kaufmann that, support , local Av d a -, �.V.aleria r ns Vetera, , i; „ • Str Residents of the,,,,,'' CLOSEp SEES ON • Kablfmahq' enrh:arlct Culotidri 'hy Jones to Vdterth•vSStreet' neigh t, enter ,iiito,. •. closed bbrhopd 'a;,- 'session 'at',-;B:32 p.m. petition regarding :regarding pending water runoff behind litigation and property their homes west of acquisition pursuant to Cushing Street. Motion Chapter 21.5(1)(c)Q) by Connors to receive Code of Iowa. and file the documents Seconded by Resnick. and refer to staff with ,Motion carried 7 -0. a recommendation to Upon motion the City returned to Council. Council reconvened in Seconded by Braig. open session at 9:40 Valeta Brown, 433 p.m. stating that staff Kaufmann Avenue, had been given proper speaking on behalf of direction. the area residents, There being . no described the refer- further business, upon enced drainage and motion the City Council flooding issues, and adjourned at 9:41 p.m. distributed pictures. Kevin S. Firnstahl Motion carried 7-0. City Clerk Wild Rose Estates lt11 /16 Final Plat - Intersection . Visibility: City Manager recommending that the Award to Arts and Advisory Commission: District and Amen- City of Dubuque, item was wi raw Cultural Affairs Coor- Commissioner Hiram Corps for the 2011-2012 Dubuque County, Iowa; from the agenda at the PUBLIC HEARING Appointments to the and clarifying the dinator Jan Stoffel. Melendez submitting school year for and Resolution No.363- request of the property Motion by Lynch to following Boards/Com- property for owner's Dubuque Community his resignation from AmeriCorps members 11 Approving Plat of owner. receive and file the missions: Y Domestic Violence the Investment Over- to serve in elementary, Survey of Lots 1 and 2 Stipulation of Settle- documents, adopt the Plumbing Code Board: care of the water Program: Director Sr. sight Advisory Com- middle and high of Bee Branch ment - Property Tax resolutions, set. the One 3-year term. meter assembly. Se- Charla Bulko recog- mission. Upon motion schools. Upon motion Subdivision No. 6 in the Appeal: City Attorney aprpublicindicaedheandgsdire as 2014 (Expirh ing term ovember f Mot on carried 7-Jones. nized Dubuque Police the documentwas the recommending of the City Clerk `ct i (Expiring . from- the Environ- recommending the mental Stewardship execution of the Iowa Survey of Lots 1 and 2 Advisory Commission. Commission on of Bee Branch Upon motion the Volunteer Service City Subdivision No.3 in the documents were of Dubuque City of Dubuque, received, filed and the AmeriCorps Program Dubuque Courtly, Iowa; resignation accepted. grant application. Upon Resolution No. 361-11 Human Rights motion the documents Approving Plat . of Commission: Commis- were received, filed, Survey of Lots 1 and 2 sioner Megan Gloss and approved. of Bee Branch submitting her resig- AmeriCorps - Agree- Subdivision No. 4 in the nation from the Human ment with Dubuque City of Dubuque, Rights Commission. Community School Dubuque County, Iowa; to DuPaco Community o��l Upon motion the District: City Manager Resolution No. 362-11 Credit Union as Mart Car Wash, Kwik Commission: One 3- Services, Article B document' was recommending appro- Approving Plat of security for financing Stop, Target Store T- year term through July Water Meters, Sections received, filed and the val of an agreement Survey of Lots 1 and 2 of Dubuque Casino 0086, and Kwik Stop 1, 2013 (vacant term of 13-1B-1 to 1301E-11 by resignation accepted. between the Dubuque of Bee Branch Hotel, LLC's current Food Mart were Stiles). Applicant: incorporating the regu- Investment Oversight Community School Subdivision No. 5 in the indebtedness. This adopted. Eugene Bird, Jr., 3357 lation of Unmeasured •thd n ITEMS TO BE SET FOR Arrowwood Lane. Flow Reducer Devices h the documents were City of Dubuque recom 9 p W'll b ) Applicant: Jule Transit - - .__., _..L_... c... d filnri anrl.tha racalved. filed. and Dubuque County, Iowa, val of p ' ' _..�...,, u�,-lan Wlllanhnrn. ShODDma Circulator Li p• c s C a S Q d s illigen; City Attorney Roshek Building Recog- received and filed. ndahl (joined at 5:10 nition: City Manager Federal Emergency m-),transmitting corres- Management Agency Mayor Buol read the pondence from the (FEMA): City Manager all and stated this is a • 1000 Friends of Iowa transmitting corres- pecial session of the informing the City that pondence from. Louis ity Council to conduct Dubuque Initiatives has Rodriguez of the work session on the received the Best Federal Emergency. ustainable Dubuque Development Award in Management Agency uarterly Update. the Best Renovated (FEMA) revalidating WORK SESSION Commercial/Civic the determinations for QUARTERLY Category for the properties and/orstruc- SUSTAINABLE adaptive re -use of the tures as described in )UBUQUE QUATERLY Roshek Building. Upon previously issued UPDATE motion the document Letters of Map Change Sustainability Coor- was received and filed. (LOMCs), subsequent inator Cori Burbach National Trust for revisions to the tated that the purpose Historic Places - October 18, 2011 of the update was to Roshek Building Recog- National Flood Insur- ocus on sustainability nition: City Manager ance Program (NFIP) programs that relate to submitting corres- map and encouraging he Economic Prosper- pondence from the distribution of the ty pillar of sustain- National Trust for information to the ability. Ms Burbach Historic Places inform- community. Upon ntroduced members of ing the City that the motion the document the Sustainability Roshek Building will was received, filed and Panel who updated the receive one of 14 referred to the City City Council on the National Preservation Manager. following areas: Honor Awards for 2011. State of Iowa Annual •Growing Sustainable . Upon motion the Financial Report: City Communities Confer- document was re- Manager recommend- :nce - Tom Woodward ceived and filed. ing .approval to publish •Buyer/Supplier Net- Government Finance the cover page of the work - Kelly McEleroy Officer Association Fiscal Year 2011 Annual •Destination for, (GFOA) - Recognition: Financial Report and Opportunity Rick City Manager trans- file the entire report Dickinson mitting correspon- with the State •Innovation Consor- dence advising that the Auditor's Office by bum -'Dan Mc Donald City of Dubuque and December 1, 2011 as •Green Jobs and In- Budget Director Jenny required by Section dustry - Wendy Knight Larson have been 384.22 of the Code of •Smarter Sustainable awarded the Dis- Iowa. Upon motion the Dubuque - David Lyons tinguished Budget documents were There being no Presentation Award received, filed, and further business, upon from the Government approved. Lion the City Council Finance Officers Workers' Compen- authorizing the acqui- Housing Enterprise sition by eminent Zone Amendment: City domain of certain real Manager recommend - property owned by WP ing approval of an Investments, LLC in the amendment to the City of Dubuque, Iowa, Housing Enterprise was adopted. Zone Program Agree - Bee Branch Creek ment for the Caradco Restoration Project Project approving the 540 E 16th Street: City change of ownership Manager recommend- from Caradco Building, ing establishing the LLLP to Caradco fair market value of Landlord, LLC. Upon 540 E. 16th Street motion the documents owned by WP were received and filed Investments, at the and Resolution No. 365- appraised value of 11 Approving I an $68,000, and authorize amendment to a the City Manager to Housing Enterprise commence negotia- Zone Program Agree- tions to acquire the ment by and among property for the Bee the Iowa Department Branch Creek Restor- of Economic Devel- ation Project and opment, the City of further authorization to Dubuque and Caradco acquire the property Building, LLP was through eminentadopted. domain if negotiations Dubuque Regional fail. Upon motion the Airport Small documents were Community Air Service received and filed and Development: City Resolution No. 358-11 Manager recommend - Establishing the fair ing that the City market value and provide the previously authorizing the acqui- budgeted $150,000 sition by eminent grant match for the domain of certain real $500,000 Small Com- property owned by WP munity Air Service Investments, LLC in the Development Grant City of Dubuque, Iowa, from the U.S. Depart - was adopted. ment of Transpor- Bee Branch Creek Restoration Project - 2410 Washington Street: City Manager mo recommending appro- adjourned at 6:09p.m. Association (GFOA). sation Claims Admm- val to purchase a 4- /s/Kevin S. Firnstahl Upon motion the istration Agreement:. piex rental property City Clerk document was City Manager recom- owned by Kim CITY OF DUBUQUE, received and filed. mending approval of McDermott at 2410 IOWA Friends of the Mines the agreement be- Washington Street for CITY COUNCIL of Spain - Recognition: tween the City of $119,000 as part of the PROCEEDINGS City Manager trans- Dubuque and Alter- acquisition program REGULAR SESSION mitting a Certificate of native Services Con- associated with the The Dubuque City Appreciation recog- cepts (ASC) for Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 359-11 Approving the acqui- sition of real estate owned by Kim McDermott in the City of Dubuque was adopted. Bee Branch Subdivi- sion - Plats of Survey: City Manager recom- mending approval of the Plats of Survey for Bee Branch Subdivision Nos. 3, 4, 5, and 6 in order to separate buildable areas from the area of the parcels needed for the Bee Branch Creek Resto- ration Project. Upon motion the documents were received and filed and Resolution No. 360- 11 Approving Plat of Council met in regular nizing the City o session at 6:30 pm on Dubuque for sup - November 7, 2011 in porting the Mines of the. Historic Federal Spain in the area of Building, 350 W. 6th Partnership/Center Street. and Land. Upon motion Present: Mayor Buol, the document was Council Members received and filed. Braig, Connors, Jones, Letter of Intent - 2012 Lynch, Resnick, Sutton, All -America City City Manager Van Award: Letter of Intent Milligen, City Attorney to apply for the 2012 Lindahl Pledge of Allegiance Invocation was provided by Major Tom Mason of the Salvation Army. PRESENTATIONS Resource Manage- ment Coordinator Paul Schultz presented a gift from the Changsha Government of China / ICMA Fellowship Ex- change to the City of Dubuque. Convention and Visitors Bureau Event and Sports Director Katie Simmons presented the Iowa Tourism Outstanding Elected Official. Award to City Council Member Joyce Connors and the Niche Marketing Award for Art Market to the City of Dubuque and the Dubuque Arts Center. Dubuque Art Center Director Jordan DeGree presented the Arts Advocate of Distinction services related to the administration of the City's Workers' Com- pensation Program effective October 1, 2011 through Septem- ber 30, 2012. Upon motion the documents were received, filed, and approved. Appeal of Claim by Chelsea Smith: Corres- All-America City Award pondence from Jo Ellen to the National Civic Reed and Chelsea League on behalf of the Smith appealing a Community Foundation claim against the City of Greater Dubuque, of Dubuque denied by Every Child / Every the Iowa Communities Promise and the City of Assurance Pool (ICAP). Dubuque. Upon motion Upon motion the the documents were document was received and filed. received, filed and Environmental Stew- referred to the City ardship Advisory Com- Attorney. mission: Commissioner AmeriCorps - 2012- Edward Cawley submit- 2013 Grant Application: ting his resignation City Manager Services of Iowa, Inc. for asbestos removal related to the Fire Department Headquar- ters Roof Replacement Project; H) Indemni- fication Agreement between the City of Dubuque and Ronald and Sandy Conrad; I) Public Improvement Contract between the City of Dubuque and Vorwald Log & Lumber for the deconstruction of the commercial building at 501 Garfield Avenue. Upon motion the documents were received and filed. Alcohol Compliance - Civil Penalties for Alcohol License Hol- ders for HyVee Wine & Spirits: City Manager recommending appro- val of the Acknow- ledgement / Settle- ment Agreement for an alcohol compliance violation for HyVee Wine & Spirits at 3500 Dodge Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalties for Alcohol License Hol- ders for . Kalmes Breaktime Bar & Grill: tation. Upon motion City Manager recom- the documents were mending approval of received, filed, and the Acknowledgement approved. / Settlement Agree - Sustainable Dubuque . ment for an alcohol Monthly Report: City compliance violation Manager submitting for Kalmes Breaktime the Sustainable Dubu- Bar & Grill at 1097 que Monthly Report for Jackson Street. Upon October 2011. Upon motion the documents motion the documents were received, filed, were received and and approved. filed. Liquor License Vehicle Noise Refund: Cafe Mana Memorandum Adden- Java West requesting a dum: City Manager refund on Special Class providing an update to "C" Liquor License No. the information pro- BW0093112 in the vided on July 25, 2011 amount of $253.13. regarding the Dubuque Upon motion the Police Department documents were Police Department's received, filed, and vehicle noise enforce- approved. ment efforts,.as well as Liquor License Appli- addressing citizen cations: City Manager concerns on the efforts recommending appro- and suggestions on val of annual liquor setting decibel limits license renewals as and using noise submitted. Upon meters. Upon motion motion the documents the documents were were received and filed received and filed. and Resolution No. 366- Historic Preservation 11 Granting the Commission:Communi- issuance of a Class "B" cation from the (Hotel/Motel) Liquor Historic Preservation License to Grand Commission request- Harbor Resort & Water ing the City Council Park, Hotel Julien make the West Locust Dubuque; a Class "C" and Bluff Street area a Beer/Liquor License to top priority during this Yen Ching Restaurant, year's goal setting Aragon Tap; a Class session. Upon motion the documents were received and filed. Dubuque Casino Hotel - Assignment of Lease Agreement: City Man- ager recommending approval of the Assignment of Lease Agreement for Dubu- que Casino Hotel, LLC Manager recommend- sight distance issue at ing setting a, public Wild Rose Lane and hearing for December Middle Road needs to 5, 2011 and initiation of be resolved by the the public bidding developer. prior to process for the Bee further processing of Branch Creek Floating the Final.Plat. Motion Island Project. Upon by Connors to receive motion the documents and file the documents were received and filed and approve and Resolution No. 371- recommendation. Se- 11 Preliminary appro- conded by Jones. val of plans, Motion carried 7-0. specifications, form of Consent Decree - contract, and esti- Request for Inflow and mated cost; setting Infiltration Inspectors: date of public hearing City Manager recom- on plans, specifi- mending authorization cations, form of to create two -full-time contract, and esti- inflow and infiltration mated cost; and (I&I) inspectors and to ordering the adver- purchase two new tisement for bids vehicles for the (Lower Bee Branch positions, which will Creek Floating Island increase the City's. Project) was adopted ability to conduct setting a public sanitary sewer inflow hearing for a meeting and infiltration inspec• - to commence at 6:30 tions at businesses and p.m. on December 5, homes - in order to 2011 in the Historic comply with the Federal Building. Environmental Protec- Lower Bee Branch tion Agency (EPA) Creek Enhancement - Consent Decree. Overlooks: City Man- Motion by Jones to ager recommending receive and file the setting a public documents and ap- hearing for December prove the recommen- 5, 2011 and initiation of dation. Seconded by the public bidding Connors. Motion car - process for the ried 7-0. Overlooks enhance- Shelter Plus Care ment related to the Program - Funding Lower Bee Branch Request: City Manager Creek Restoration recommending appro- "B" Wine Permit to Target Store T-0086, 2636 Queen Street. be suspended. Se - and a Class "WBN" Human Rights conded by Braig. Native Wine Permit to Commission: One 3- Motion carried 7-0. Kwik Stop; and year term through Motion by Connors for Resolution No. 367-11 January 1, 2014 (vacant final consideration and Granting the issuance term of Gloss). Appli- passage of Ordinance of a Class "B" Beer cants: Nickie Blume, No. 49-11 Amending Permit to Jumpin' 2523 Washington City of Dubuque Code Jane's Indoor Party. Street; Miguel Jackson, of Ordinances Title 13 Center; a Class "C" 631 University Avenue. Public Utilities, Chapter it to Big 10 Zoning Advisory 1 'Water Use and Project. Upon motion the documents were received and filed and Resolution No. 372-11 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids (Lower Bee Branch Creek Enhancement val to provide $5,000 in support of continued administration of the Shelter Plus Care Program through the balance of Fiscal Year 2012. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded - by Braig. Motion - carried 7-0. Code of Ordinances Amendment - Water Meters and Related Overlooks) was Accessories: City Man - adopted setting a ager recommending public hearing for a approval of an meeting to commence Ordinance Amendment at 6:30 p.m. on to Sections 13-1B-1 to December 5, 2011 in 13-1B-11 to incorporate the Historic Federal Unmeasured Flow Building. Reducer (UFR) devices BOARDS/ and clarify the COMMISSIONS property owner's Applicants were responsibility for the invited to address the care of the water City Council regarding meter assembly. their desire to serve on Motion by Jones to the following Boards/ receive and file the Commissions: documents and that Environmental Stew- the requirement that a ardship Advisory Com- proposed ordinance be mission: One 3-year considered and voted term through October on for passage at two 1, 2014 (expired term Council meetings prior of Cawley). Applicant: to the meeting at Wayne Klostermann, which it is to be passed 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: November 16, 2011, and for which the charge is $463.13. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ('� day of (n , 20 ( l ry Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2013 eceive • ,.HI.,.nnnM nr CI LIUIII - UQII MU VUIIQIU •Green Jobs and In- dustry - Wendy Knight •Smarter Sustainable Dubuque - David Lyons There being no further business, upon motion the City Council adjourned at 6:09 p.m. /s/Kevin S. Firnstahl City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council metin regular session at 6:30 pm on November 7, 2011 in the Historic Federal Building, 350 W. 6th Street. Present:. Mayor Buol, Council Members 'Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Pledge of Allegiance Invocation was provided by Major Tom Mason of the Salvation Army. PRESENTATIONS Resource Manage- ment Coordinator Paul Schultz presented a gift from the Changsha Government of China / ICMA Fellowship Ex- change to the City of Dubuque. • Convention and Visitors Bureau Event and Sports Director Katie Simmons presented the Iowa Tourism Outstanding Elected Official. Award to City Council Member Joyce Connors and the Niche Marketing Award, for Art Market to the City of Dubuque and the Dubuque Arts Center. Dubuque Art Center Director Jordan DeGree presented the Arts Advocate of Distinction Award to Arts and Cultural Affairs Coor- dinator Jan Stoffel. Dubuque Community Y Domestic Violence Program Director Sr. Charla Bulko recog- nized Dubuque Police Officer Lisa Latham for her outstanding 'sup- port for victims_ ._of violence. Dubuque Main Street Executive Director Dan LoBianco presented the Dubuque Main Street Awards for Best Public "'Improvement/ Rehabilitation (Historic Shot Tower), Best New Construction (10th and Central Avenue Park- ing Ramp), and Best Partnership (Smarter Sustainable Dubuque/ IBM). PROCLAMATIONS Philanthropy Day (November 15, 2011) was accepted by Dan McCarthy of the Association of Fund- raising Professionals Greater Tri-State Chapter. Hospice Month (November 2011) was accepted by Carole Carroll of Dubuque Hospice, 1670 John F. Kennedy Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advi- sory Commission of 8/30 and 9/27, City Council Proceedings of 10/17, Civil Service t.,ty V1.11.0.441.1G YU I. Budget Director Jenny Larson have been awarded the Dis- tinguished Budget Presentation Award from the Government Finance Officers Association (GFOA). Upon motion the document was received and filed. Friends of the Mines of Spain - Recognition: City Manager trans- mitting a Certificate of Appreciation recog- nizing the City of Dubuque for sup- porting the Mines of Spain in the area of Partnership/Center and Land. Upon motion the document was. received and filed. Letter of Intent - 2012 All -America City Award: Letter of Intent to apply for the 2012 All -America City Award to the National Civic League on behalf of the Community Foundation of Greater Dubuque, Every Child / Every Promise and the City of Dubuque. Upon motion the documents were received and filed. Environmental Stew- ardship Advisory Com- mission: Commissioner Edward Cawley submit- ting his resignation from the Environ- mental Stewardship Advisory Commission. Upon motion the documents were received, filed and the resignation accepted. Human Rights Commission: Commis- sioner Megan Gloss submitting her resig- nation from the Human Rights Commission. Upon motion the document was received, filed and the resignation accepted. Investment Oversight Advisory Commission: Commissioner Hiram Melendez submitting his resignation from the Investment Over- sight Advisory Com- mission. Upon motion the document was the documents were City of Dubuque, recommending appro- received, filed and the received, filed, and Dubuque County, Iowa, val of the Stipulation of resignation accepted. approved. were adopted. Settlement for First American Society far- --_..Hillcrest : Family_ Request for Proposal - Northwestern Trust -& Public Administration Services - Temporary Dubuque Marina Man- Nellis Management for (ASPA): City Manager Parking Agreement agement: City Manager property located at transmitting corres- City Manager recom- recommending appro- 1500 John F. Kennedy pondence from Erik mending approval of a val to initiate the Road (Long John Bergrud, President of temporary parking Request for Proposal Silver's). Upon motion the American Society license agreement in process for Marina the documents were for Public Admin- Flora Park for Hillcrest Facilities. Management received, filed, and istration, informing the Family Services, Inc., Services for the Port of approved. City Manager that he during their construc- Dubuque Marina Pro- Iowa Economic has been appointed to tion process. Upon ject. Upon motion the Development Authority a three-year term on t' thedocuments documents were (IEDA): • Correspon- the Board of Editors for the ASPA's Public Administration Review journal. Upon motion the document was received and filed. Mediacom Commun ications: Communi- cation from Lee Grassley, Senior Mana- ger for Government Relations for Medi- acom Communications, informing the City of changes in pro- gramming. Upon mo- tion the documents ments were received received, filed, and Natural Resources were received and and . filed and Reso- approved. (IDNR): City Manager filed. lution No. 355-11 Project Update - 7th' transmitting corres- Substance Abuse Accepting the Iowa 32 Street Retaining Wall pondence from the Services Center (SASC) Bike/Hike Trail Phase 3 Emergency Repair: City 'Iowa Department of - First Quarter Report: Project and authorizing Manager recommend- Natural Resources Substance Abuse the payment of the ing rejection of all bids (IDNR) informing the Services Center (SASC) contract amount to the for the 7th Street City it has placed the Executive Director contractor was Retaining Wall Water Pollution Control Diane Thomas submit- adopted. Emergency Repairs Plant Cogeneration ting the Center's First Bee Branch Creek Project and that the Facilities Project on the Quarter Report Restoration Project - project be re -bid over Fundable List of the detailing the activities 1517 Maple Street: City the winter with a Intended Use Plan of the High Risk Youth Manager recom- completion date of (IUP) for the Fiscal Program. Upon motion mending establishing June 15, 2012 and that Year 2012 3rd Quarter the document was the fair market value of the rejection of bids be IUP. Upon motion the received and filed. 1517 Maple Street, officially recorded in documents were Iowa Department of owned by Tony Zenner, the minutes of the City received and filed. Commission of 10/14, Transportation (IDOT) - at the appraised value Council. Upon motion Regional Transit Carnegie -Stout Public Bee Branch Creek Trail: of, •. $66,950, and the documents were Authority (RTA) - thrary of 6/30, 7/18, City Manager submit- authorizing the City received, filed and Termination of Lease Y25`, •, 9/29,' Dubuque ting correspondence Manager to commence made a Matter of Agreement: City Man- .,,.:. Emergency from - the Iowa negotiations to acquire Record. ager recommending nnanggement Commis- . Department of the property for the Project Update - termination of the sion of 8/2, Investment Transportation (IDOT) : Bee Branch 'Creek Madison Street Retain- City's lease with the Oversight Commission informing the City that Restoration Project ing Wall Emergency Regional Transit of 10/26 the Iowa Transpor- and further authori- Repair: City Manager Authority (RTA) for two Library Board of tation Commission has zation to acquire the recommending re -bid light -duty Sprinter Trustees Update from approved the Bee property through of the Madison Street buses in the exchange • Meeting of 9/29 Branch Creek Trail - eminent domain if Retaining WaII for a payment to the Proofs of Publication MRT Route for funding negotiations fail. Upon Emergency Repairs City of $24,181.18. for City Council assistance from the motion the documents Project over the winter Upon motion the docu- Proceedings of October State Recreational were received and filed with a completion date ments were received, 3 and October 17, 2011; Trails Program. Upon and Resolution No. 356- of June 15, 2012 and filed, and approved. • and List of Claims and motion the document 11 Establishing the fair that the project delay • Signed•Contracts: A) Summary of Revenues was received and filed. market value and be officially recorded Dittmer Recycling In - for Month Ended Iowa Department of authorizing the in the minutes of the corporated Amend - September 30, 2011. Transportation (IDOT) - acquisition by eminent City Council. Upon ment to Agreement; B) Upon motion the Right -of -Way Lease domain of certain real motion the documents Strand Associates documents were Agreement: City Man- property owned. by were received, filed Water Pollution Control received and filed. ager recommending Tony Zenner in the City and made a Matter of Plant Modifications Notice of approval of a lease of 'Dubuque, Iowa, was Record. Project Change Order Claims/Suits: Kenneth agreement with the adopted. Quarterly Investment No. 11 with Miron, Miller for vehicle Iowa Department of Bee Branch Creek Report: City Manager Construction Co.; Inc.; damage, Trisha Reck Transportation (IDOT) . Restoration Project - transmitting the C) Strand Associates for property damage. for use of the right -of- 508 E. 16th Street: City Quarterly Investment Water Pollution Control Upon motion the way east of Elm Street Manager ` recommend- Report for the period of Plant Modifications documents were for a surface parking:.- ing establishing the July, 1, 2011 through Project Change Order received, filed and lot to facilitate the fair market value of September 30, 2011. No. 12 with Miron referred to the City increased parking 508 E. 16th Street - Upon motion the Construction Co., Inc.; Attorney. needs in the Historic owned by WP documents were D) Strand Associates were received and filed City Attorney advising Millwork District. Upon Investments, at the received and filed. Water Pollution Control and Resolution No. 370- that the following motion the documents appraised value of 40 Main, LLC - Fourth Plant Modifications 11 Resolution of Intent claims have been were received, filed, $300,000, and authorize Amendment to Devel- Project Change Order to dispose of City CITY OF DUBUQUE, referred to Public and approved. the City Manager to opment Agreement: No. 13 with Miron interest by Grant of IOWA Entity Risk Services of AT&T Lease commence negotia- City Manager recom- Construction Co., Inc.; Easement for private CITY COUNCIL PROCEEDINGSIowa, the agent for the Extension: City tions to acquire the mending approval of E) Interstate Power & utility to University of Iowa Communities Manager submitting property for the Bee the Fourth Amendment Light Soil Use Dubuque for an SPECIAL SESSION Assurance Pool: correspondence from Branch Creek Restor- to the Development , Agreement for Excess underlying portion of The Dubuque City Rahkee Norman for William Armstrong, ation Project and Agreement with 40 Excavated Soil; F) Bennett Street was Council met in Special vehicle damage, Trisha Cingular Wireless further authorization to Main, LLC. Upon Allender Butzke Engi- adopted setting a Session at 5:00 P.M. on Reck for property Project Manager / acquire the property motion the documents neers, Inc., Water public hearing for a November 7, 2011 in damage, Rose Schaepe AT&T, informing the through eminent were received and filed Pollution Control Plant meeting to commence the Historic Federal for vehicle damage, City of their intent to domain. if .negotiations and Resolution No. 364- Modifications Project at 6:30 p.m. on Building, 350 W. 6th Terry) Stewart for extend the lease term fail. Upon motion the 11 Approving the Amendment No. 2 for November 21, 2011 in Street. vehicle damage. Upon for Site DBQ284A (1525 documents were Fourth Amendment to Geotechnical Engi- the Historic Federal Present: Mayor Buol, motion the documents West Third Street received and filed and the 40 Main LLC neering Services; G) Building. Council Members were received, filed Water Tower) for five Resolution No. 357-11 Braig, Connors, Jones, and concurred. years. Upon motion the Establishing the fair Lynch, Resnick, Sutton, 1006Friends of Iowa - documents were market value and City Manager Van Development Agree- Vendor Services Agree- Lower Bee Branch 'Went was adopted. ment with Environ- Creek Enhancement - Caradco Project - mental Management Floating Island: City required by Section CI y o u uque, ow , s the puoiic Diaalny 384.22 of the Code of was adopted. ment of Transpor- Breaktime Bar & Grill: process for the Iowa. Upon motion the Bee Branch Creek tation. Upon motion City Manager recom- Overlooks enhance - documents were Restoration Project the documents were mending approval of ment related to the received, filed, and 2410 Washington received, filed, and the Acknowledgement Lower Bee Branch approved. Street: City Manager approved. / Settlement Agree- Creek Restoration Workers' Compen- recommending appro- Sustainable Dubuque - ment for an alcohol Project. Upon motion sation Claims Admin- val to purchase a 4- Monthly Report: City compliance violation the documents were istration Agreement plex rental property Manager submitting for Kalmes Breaktime received and filed and City Manager recom- owned by Kim the Sustainable Dubu- Bar & Grill at 1097 Resolution No. 372-11 mending approval of McDermott at 2410 que Monthly Report for Jackson Street. Upon Preliminary approval of the agreement be- Washington Street for October 2011. Upon motion the documents plans, specifications, tween the City of $119,000 as part of the motion the documents were received, filed, form of contract, and Dubuque and Alter- acquisition program were received and and approved. estimated cost; setting native Services Con- associated with the filed. Liquor License date of public hearing cepts (ASC) for Bee Branch Creek Vehicle Noise Refund: Cafe Mana on plans, specifica- services related to the Restoration Project. Memorandum Adden- Java West requesting a tions, form of contract, administration of the Upon motion the dum: City Manager refund on Special Class and estimated cost; City's Workers' Com- documents were providing an update to "C" Liquor License No. and ordering the pensation Program received and filed and the information pro- BW0093112 in the advertisement for bids effective October 1, Resolution No. 359-11 vided on July 25, 2011 amount of $253.13. (Lower Bee Branch 2011 through Septem- Approving the acqui- regarding the Dubuque Upon motion the Creek Enhancement - ber 30, 2012. Upon sition of real estate Police Department documents were Overlooks) was motion the documents owned by Kim Police Department's received, filed, and adopted setting a were received, filed, McDermott in the City vehicle noise enforce- approved. public hearing for a and approved. of Dubuque was ment efforts,.as well as Liquor License Appli- meeting to commence Appeal of Claim by adopted. addressing citizen cations: City Manager at 6:30 p.m. on Chelsea Smith: Corres- Bee Branch Subdivi- concerns on the efforts recommending appro- December 5, 2011 in pondence from Jo Ellen sion - Plats of Survey: and suggestions on val of annual liquor the Historic Federal Reed and Chelsea City Manager recom- setting decibel limits license renewals as Building. Smith appealing a mending approval of and using noise submitted. Upon BOARDS/ claim against the City the Plats of Survey for meters. Upon motion motion the documents COMMISSIONS of Dubuque denied by Bee Branch Subdivision the documents were were received and filed Applicants were the Iowa Communities Nos. 3, 4, 5, and 6 in received and filed. and Resolution No. 366- invited to address the Assurance Pool (ICAP). order to separate Historic Preservation 11 Granting the City Council regarding Upon motion the buildable areas from Commission:Communi- issuance of a Class "B" their desire to serve on document was the area of the parcels cation from the (Hotel/Motel) Liquor the following Boards/ received, filed and needed for the Bee Historic Preservation License to Grand Commissions: referred to the City Branch Creek Resto- Commission request- Harbor Resort & Water Environmental Stew - Attorney. ration Project. Upon ing the City Council Park, Hotel Julien ardship Advisory Com- AmeriCorps - 2012- motion the documents make the West Locust Dubuque; a Class "C" mission: One 3-year 2013 Grant Application: were received and filed and Bluff Street area a Beer/Liquor License to term through October City Manager and Resolution No. 360- top priority during this Yen Ching Restaurant, 1, 2014 (expired term recommending the 11 Approving Plat of year's goal setting Aragon Tap; a Class of Cawley). Applicant: execution of the Iowa Survey of Lots 1 and 2 session. Upon motion "B" Wine Permit to Wayne Klostermann, Commission on of Bee Branch the documents were Target Store T-0086, 2636 Queen Street. Volunteer Service City Subdivision No.3 in the received and filed. and a Class "WBN" Human Rights of Dubuque City of Dubuque, Dubuque Casino Hotel Native Wine Permit to Commission: One 3- AmeriCorps Program Dubuque Courfty, Iowa; - Assignment of Lease Kwik Stop; and year term through grant application. Upon Resolution No. 361-11 Agreement: City Man- Resolution No. 367-11 January 1, 2014 (vacant motion the documents Approving Plat . of ager recommending Granting the issuance term of Gloss). Appli- were received, filed, Survey of Lots 1 and 2 approval of the of a Class "B" Beer cants: Nickie Blume, and approved. of Bee Branch Assignment of Lease Permit to Jumpin' 2523 Washington AmeriCorps - Agree- Subdivision No. 4 in the Agreement for Dubu- Jane's Indoor Party. Street; Miguel Jackson, ment with Dubuque City of Dubuque, que Casino Hotel, LLC Center; a Class "C" 631 University Avenue. Community School Dubuque County, Iowa; to DuPaco Community Beer Permit to Big 10 Zoning Advisory District: City Manager Resolution No. 362-11 Credit Union as Mart Car Wash, Kwik Commission: One 3- recommending appro- Approving Plat of security for financing Stop, Target Store T- year term through July val of an agreement Survey of Lots 1 and 2 of Dubuque Casino 0086, and Kwik Stop 1, 2013 (vacant term of between the Dubuque of Bee Branch Hotel, LLC's current Food Mart were Stiles). Applicant: Community School Subdivision No. 5 in the indebtedness. This adopted. Eugene Bird, Jr., 3357 District and Ameri- City of Dubuque, item was withdrawn ITEMS TO BE SET FOR Arrowwood Lane. Corps for the 2011-2012 Dubuque County, Iowa; from the agenda at the PUBLIC HEARING Appointments to the school year for and Resolution No. 363- request of the property Motion by Lynch to following Boards/Com- AmeriCorps members 11 Approving Plat of owner. receive and file the missions: to serve in elementary, Survey of Lots 1 and 2 Stipulation of Settle- documents, adopt the Plumbing Code Board: middle and high of Bee Branch ment - Property Tax resolutions, set. the One 3-year term. schools. Upon motion Subdivision.No. 6 in the Appeal: City Attorney public hearings as through November 2, indicated, and direct 2014 (Expiring term of the City Clerk -to Willenborg). Applicant: publish notice as Harlan Willenborg, Shopping Circulator prescribed by law.,. 3254 Lake Ridge Drive. Route. Changes: City Seconded by Connors. Motion by Lynch to Manager recommend - Motion carried 7-0. appoint Harlan Willen- ing approval of the Grand River Center - berg to the Plumbing Shopping circulator Exhibit Hall Carpet Code Board for a 3- route and the resulting Replacement: City Man- year term through changes in the Red, ager recommending November 2, 2014. Green and Grey Lines. setting a public Seconded by Resnick. Motion by Connors to hearing for November Motion carried 7-0. receive and file the 21, 2011 and initiations'PUBLIC HEARINGS documents and ap- of the public bidding Upon motion the rules prove the recom- process for the Grand were suspended allow- mendation. Seconded were received, filed, received, filed, and dence • from the River Center exhibit ing anyone present to by Resnick. Transit and approved. approved. Director of the Iowa ' Hall Carpet Replace- address the City Manager Barbara Iowa 32 Bike/Hike Request for Proposal - Economic Development ment Project. Upon Council.. Morck gave a slide Trail Project - Phase 3 The Jule Intelligent Authority (IEDA) Direc- motion the documents Sale of Property - presentation on the Acceptance: City Man- Technology Systems tor Deborah Durham were received and filed 2315 Jackson Street: change in routes. ding (ITS) Equipment: City informing the City that and Resolution No. 368- Proof of publication of Motion carried 7-0. ager ror then acceptanceceof the Iowa Manager recommend- it has approved the 11 Preliminary appro- notice of public 32 Bike/Hike Trail ing approval to issue a eligibility of Dubuque val of plans, hearing to consider the Phase 3 Project Request for Proposals Convention ,& Visitors specifications, form of sale of City -owned (between Plaza Drive for the purchase and Bureau for Fiscal Year contract, and esti- property located at and Payton. Street), as installation of Intell- 2012 Regional Sports mated cost; setting 2315 Jackson Street to completed by ` Drew igent Technology Authority District Cer- date of public hearing Raymond Pfeiffer for Cook & Sons Exca- Systems (ITS) equip- tification. Upon motion on plans, specifica- the purchase price of vating, in the final ment on The Jule's the documents were tions, form of contract, $74,000 and the City amount of $136,946. buses. Upon motion received and filed. and estimated cost; Manager recommend - Upon motion the docu- the documents were Iowa Department of and ordering the ing approval. Motion advertisement for bids by Connors to receive was adopted setting a and file the documents public hearing for a and adopt Resolution meeting to commence No. 373-11 Resolution at 6:30 p.m. on of Intention to dispose November 21, 2011 in of City -owned pro - the Historic Federal perty, specifically, East Building. 'h Of Lot 24A in L.H. Old Main Urban Langworthy's Addition Revitalization Area in the City of Dubuque, Plan: City Manager County of Dubuque, recommending setting Iowa, according to the a public hearing for recorded plat thereof, November 21, 2011 to 2315 Jackson Street. consider an amend- Seconded by Lynch. ment to the Old Main Motion carried 7-0. Urban Revitalization Upon motion the rules Area Plan. Upon motion were reinstated limit - the documents were ing discussion to the received and filed and City Council. Resolution No. 369-11 ACTION ITEMS Acknowledging a pro- Dubuque. Main Street - posed amendment to Historic Millwork Dis- the Plan for the Old trict: Dubuque Main Main Urban Revitali- Street Executive zation ' Area and Director Dan LoBianco providing for a public presented an update hearing was adopted on the history and setting a public progress of projects in hearing for a' meeting the Historic Millwork to commence at 6:30 District, and Resource p.m. on November 21, Development Director 2011 in the Historic Ryan Dierks described Federal Building. how the projects relate University of Dubuque to the Sustainability Geothermal Line - Principles Motion by Bennett Street Ease- Connors to receive and ment: City Manager file the information. recommending setting Seconded by Resnick. a public hearing for Motion carried 7-0. November 21, 2011 to Citizen Petition - Run consider granting an Off on Kaufmann easement across Avenue and Valeria Bennett Street *to Street: Residents of the accommodate the Kaufmann Avenue and geothermal system for Valeria Street neigh- the University of borhood submitting a Dubuque Performing petition regarding Arts Center. Upon water runoff behind motion the documents their homes west of Cushing Street. Motion by Connors to receive and file the documents and refer to staff with a recommendation to returned to Council. Seconded by Braig. Valeta Brown, 433 Kaufmann Avenue, speaking on behalf of the area residents, described the refer- enced drainage and flooding issues, and distributed pictures. Motion carried 7-0. Wild Rose Estates 1t11/16 Final Plat - Intersection Visibjlity: City Manager recommending that the l.a111Ir,r v,vt '_a- ried 7-0. Shelter Plus Care Program - Funding Request: City Manager recommending appro- val to provide $5,000 in support of continued administration of the Shelter Plus Care Program through the balance of Fiscal Year 2012. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion - carried 7-0. Code of Ordinances Amendment - Water Meters and Related Accessories: City Man- ager recommending approval of an Ordinance Amendment to Sections 13-1B-1 to 13-1B-11 to incorporate Unmeasured Flow Reducer (UFR) devices and clarify the property owner's responsibility for the care of the water meter assembly. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 49-11 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Services, Article B Water Meters, Sections 13-1B-1 to 1301B-11 by incorporating the regu- lation of Unmeasured Flow Reducer Devices and clarifying the property owner's responsibility for the care of the water meter assembly. Se- conded by Jones. Motion carried 7-0. Jule Transit - Dubuque Racing Association (DRA): Correspondence from Jesus Aviles, President and CEO of the Dubuque Racing Asso- ciation (DRA) request- ing appointments of the required govern- mental representatives to its Board of Direc- tors, currently Mayor Buol, Council Members Ric Jones, Kevin Lynch, and City Manager Michael Van Milligen. Motion by Connors to receive and file the documents and reap- point Mayor Buol, Council Members Jones and Lynch, and City Manager Van Milligen. Seconded by Braig. Motion carried 7-0. Request for Work Session - Roundabouts: City Manager request- ing setting a work session for Monday, December 19, 2011 to provide an overview of roundabout concepts and benefits in lieu of traditional intersection design and signali- zation. Motion by Braig to receive and file the documents and sche- dule the work session as recommended. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Resnick recognized Veteran's Day this coming Friday and encourage citizens to engage in local activities and events that support local veterans. . CLOSED SESSION , Motion by Jones to enter into closed session at 8:32 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:40 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:41 p.m. Kevin S. Firnstahl City Clerk Subscril this ,r