Proof of Publication on Mintes 2 5 07the Council re-
their desire to
on the following
munity Development
ory Commission
At-Large terms -
of Giesen, Maloy;
Housing Commission
sentative term - va-
and one
Moderate Income
all through February
j. Applicant Paula
y, SVM.
bing Board (Three 3-
terms through No-
er 2009 -terms of
Papin, one vacan-
two 3-year terms
gh November 2008 -
of Gonner,
borg). Applicants:
ael Swift, Dan Harris,
n Willenborg, Paul
Stanley Gonner.
' ael Swift spoke.
rical Code Board
3-year term through
2008 - term of
er). Applicant: Ro-
intments were made
the following
ds/Commissions: En-
mental Stewardship
ory Commission (One
r term through Octo-
1, 2010 - term of
ez). Upon motion ap-
nt Joseph Suarez was
inted to one 3-year
expiring 10/1/10.
ing Code Appeals
d (Two 3-year terms
gh January 11, 2009 -
of Durley and Swift
three 3-year terms
gh January 11, 2010 -
of Schaub, Kinsella
' one vacancy). Upon
' n applicants William
insella, Jim Matheos,
Robert Schaub were
inted to 3-year terms
gh 1/11/10.
it Board of Trustees
3-year unexpired
through July 30,
). Upon motion appli-
Sarah Davidson was
inted to a 3-year term
,ing 7/30/08.
UBLIC HEARINGS
on motion the rules
suspended to allow
ne present to address
ouncil.
equest to Purchase:
f of publication on no-
f hearing to consider
uest from Jason M.
eider to vacate and
hose a portion of Kelly
between Manson
and Pego Court and
Manager recommend-
pproval, upon motion
ved and filed. Motion
nch to adopt Resolu-
No. 63-07 Approving
of proposed vacated
~n of Kelly Lane be-
n Manson Road and
Court, Resolution
4-07 Vacating a por-
joining property owners.
Seconded by Connors.
Motion carried 7-0.
Washington Neighbor-
hood Urban Revitalization
Area Plan: Proof of publi-
cation on notice of hearing
to consider adoption of the
Washington Neighborhood
Urban Revitalization Area
Plan and City Manager
recommending approval,
upon motion received and
filed.
Ordinance No. 04-07 Re-
pealing the existing Wash-
ington Neighborhood Ur-
ban Revitalization Area
and establishing the
Washington Neighborhood
Urban Revitalization Area
as an Urban Revitalization
Area pursuant to Chapter
404 of the Code of Iowa,
presented and read.
Connors moved that the
requirement that a pro-
posed Ordinance be con-
sidered and voted on for
passage at two Council
meetings prior to the
meeting at which it is to be
finally passed be suspend-
ed. Seconded by Braig.
Motion carried 7-0.
Connors moved that this
be the final consideration
and adoption of the Ordi-
nance. Seconded by
Lynch. Motion carried 7-0.
Eagle Point Rock Bluff
Stabilization Project:
Communication from Ri-
chard Vorwald regarding
the Eagle Point Bluff Scal-
ing and Tree Removal
Project. Proof of publica-
tion on notice of hearing
regarding the Eagle Point
Rock Bluff Stabilization
Project and City Manager
recommending rejection of
the one bid received, upon
motion received and filed.
Motion by Cline to adopt
Resolution No. 66-07 Re-
jecting bids for the Eagle
Point Rock Bluff Stabiliza-
tion Project. Seconded by
Jones. Motion carried 7-0.
Reeder and Lois Street
Sanitary Sewer Project:
Proof of publication on no-
tice of hearing to consider
adoption of the plans and
specifications for the
Reeder and Lois Street
Sanitary Sewer Project
and City Manager recom-
mending award of the con-
tract to WC Stewart Con-
struction, Inc., in the
amount of $42,602.02,
upon motion received and
filed. Motion by Connors
to adopt Resolution No.
67-07 Adopting plans and
specifications, Resolution
No. 68-07 Awarding con-
struction contract for the
Reeder and Lois Street
Sanitary Sewer Project,
ahd Resolution 69-07 Ap-
proving construction con-
tract with WC Stewart
Construction Company for
Nan Smith, Stone Cliff
Winery, to provide a report
on the status of the Stone
Cliff Winery project at the
Brewery, upon motion re-
ceived and filed.
American Institute of Ar-
chitects: Communication
from the American Institute
of Architects advising that
the City's application for
technical assistance from
the American Institute of
Architects' Sustainable
Design Assessment Team
(SDAT) program has been
accepted, upon motion re-
ceived and filed.
Port of Dubuque Public
Parking Facility Develop-
ment Agreement: City
Manager recommending
approval of the develop-
ment agreement with Dia-
mond Jo, L.L.C. for the
construction and financing
of a public parking ramp in
the Port of Dubuque, upon
motion received and filed.
Motion by Jones to adopt
Resolution No. 70-07 Ac-
cepting the proposal from
Diamond Jo, L.L.C. for the
financing of the design;
construction, and the cost
of on-going operations and
maintenance of a public
parking facility in the
Greater Downtown Urban
Renewal District in the
Port Of Dubuque in the
City of Dubuque, Iowa and
approving the Port of Du-
buque Public Parking Fa-
cility Development Agree-
ment between the City of
Dubuque, Iowa and Dia-
mond Jo, L.L.C. Seconded
by Connors. Motion car-
ried 7-0.
Architectural Design Con-
tract for Public Parking Fa-
cility in the Port of Dubu-
que: City Manager recom-
mending approval of the
Architectural Design Con-
tract for the Public Parking
Facility in the Port of Du-
buque with The Durrant
Group, Inc., upon motion
received, filed, and ap-
proved.
Five Year Street Con-
struction Program: City
Manager recommending
approval of the Five Year
(Fiscal Years 2008 - 2012)
Street Construction Pro-
gram, upon motion re-
ceived and filed. Motion by
Jones to addpt Resolution
No. 71-07 Adopting the
Five Year Street Construc-
tion Program for Fiscal
Years 2008 - 2012.
Seconded by Connors.
Motion carried 7-0.
Request far Reconsidera-
tion - Stewart Construc-
tion, Inc. / Wayne Briggs
Real Estate along Old
Highway Road: Communi-
cation from Brian Kane,
representing Messrs.
Briggs and Stewart, re-
questing reconsideration
Seconded by Jones. Mo-
tion carried 7-0. Jones
moved to table to special
meeting date to be deter-
mined. Seconded by
Braig. Motion carried 7-0.
Kane explained that if the
motion to reconsider was
approved, it was his cli-
ents' intent to provide
topographical maps and
drawings, to meet with the
neighbors, and to have a
special City Council meet-
ing at the site to explain
the project. City Attorney
Lindahl advised the Coun-
cil that if they were going
to be given additional in-
formation regarding the re-
zoning, it was necessary
that this be done in a pub-
lic meeting
COUNCIL MEMBER
REPORTS
Buol commented on the
recent US Conference of
Mayors meeting he attend-
ed where he accepted the
"Best Community for
Young People" award for
the City, and he advised
that the Mayors in attend-
ance approved an action
agenda for the 110th Con-
gress, and. beyond, as
"Strong Cities, Strong
Families...for a Strong
America."
Michalski congratulated
the City Manager and staff
on the positive outcome
regarding the routing of
the DM&E Railroad
through the City of Dubu-
que.
There being rio further
business, upon motion the
meeting was adjourned at
7:47 p.m.
/s/ Jeanne F. Schneider
City Clerk
it 2/16
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Wendy Miller, 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: February 16, 2007, and for which the charge is $306.12.
/p ~
Subscr~ib~ed~~to before me, a No ory Public in and for Dubuque County, Iowa,
this ~~~y~ day °~ , 20 ~~.
~ -
G ~~~~ ~ ~c~rmisai "~.:r sr 154635
pp =~ - ~ Pay Ct;rr,^'l. Ez. ~ LB. 1, 2008
LY R
CITY OF DUBUQUE,
IOWA CITY COUNCIL
PROCEEDINGS
City Council Special Ses-
sion, February 5, 2007
Council met in Special
Session at 5:30 p.m.
Present: Mayor Pro Tem
Karla Braig; Council Mem-
bers Pat Cline, Joyce
Connors, Ric Jones, Kevin
Lynch, Ann Michalski; City
Manager Michael Van
Milligan, City Attorney
Barry Lindahl
Absent at Roll Call: May-
or Roy D. Buol entered at
5:40 p.m.
Mayor Pro Tem Braig
read the call and stated
this is a special session of
the City Council called for
the purpose of discussing
the 2005-2008 Convention
and Visitors Bureau Plan-
ing Process and Business
Plan.
There being no further
ousiness, upon motion the
Council met at 6:30 p.m. in
the Library Auditorium
Present: Mayor Roy D.
Buol; Council Members
Karla Braig, Pat Cline,
Joyce Connors, Ric Jones,
Kevin Lynch, Ann
Michalski; City Manager
Michael Van Milligan, City
Attorney Barry Lindahl
Mayor Buol read the call
and stated this is a regular
session of the City Council
called for the purpose of
discussing matters which
may properly come before
the Council.
Invocation was given by !.
Chaplain David Pacholke,
United Methodist Affiliation '
- Finley Hospital
CONSENT ITEMS
Minutes and Reports
Submitted: Airport Com-
mission of 12/11; Cable TV
Regulatory Commission of
11/08; Cable TV
Teleprogramming Com-
mission of 12/11; City
Council of 1/16 and 1/29;
Civil Service Commission
of 1/9; Electrical Code
Board of 1/22; Historic
Preservation Commission
of 1/18; Housing Commis-
sion of 11/28; Housing
Commission Trust Fund
Committee of 1/29; Human
Rights Commission of
11/13; Investment Over-
sight Advisory Commis-
sion of 1/24; Library Board
of 12/14; Long Range
Planning Advisory Com-
mission of 1/17; Mechani-
cal Board of 1/23; Park
and Recreation Commis-
sion of 1/9; Zoning Board
of Adjustment of 1/25,
upon motion received and
filed.
Investment Oversight
Commission submitting
the 55th quarterly report,
upon motion received and
filed.
Proofs of publication of.
City Council Proceedings
of November 20. Decem-
ber 11, December 19,
2006, January 3, and Jan-
uary 16, 2007 and List of
Claims and Summary of
Revenues for Month End-
ing December 31, 2006,
upon motion received and
filed.
Notice of Claims/Suits:
Thomas J. Kehoe for vehi-
cle damage; Mortgage
Electronic Registration
Systems, Inc. vs. City of
Dubuque Housing and
Community Development
Department, et al; Mat-
thew Smothers for vehicle
damage; Lary L. Williams
for vehicle damage, upon
motion received and filed
and referred to the City At-
torney for
investigationi report.
City Attorney advisinc
that ~ihe °ollowing claims
have Dean ~eterred to Pub
I'IC Ent,~y nsR Sarv.ces c.
calved and tiled and con
curred.
Iowa Department of Eco-
nomic Development:
Communication from the
Iowa Department of Eco-
nomic Development advis-
ing that The Durrant
Group, Inc. has been
awarded IDED financial as-
sistance for their project in
the Port of Dubuque, upon
motion received and filed.
Electrical Code Board:
Communication from
Steve Neyens, Secretary
to the Electrical Code
Board, advising that David
Pregler has submitted his
resignation from the
Board, upon motion re-
ceived and filed.
St. Mark Community
Center: Communication
from Sister Inez Turnmeyer
and Sandi Helgerson,
Saint Mark Community
Center, requesting City
support for after-school
programs at three loca-
tions in the Fiscal Year
2008 budget, upon motion
received and filed and re-
ferred to the City Manager.
Iowa League of Cities:
Communication from the
Iowa League of Cities invit-
ing the City to bid on the
2011 Iowa League of Cities
Annual Conference and
Exhibit, upon motion re-
ceived and filed and refer-
red to the City Manager.
Motion for Rehearing:
City Attorney advising that
the Supreme Court has
denied the Petition for Re-
hearing in the Sutton vs.
Dubuque City Council
case, upon motion re-
ceived and filed.
Four Mounds'Foundation:
Communication from
Christine Happ Olson, Ex-
ecutive Director of the
Four Mounds Foundation,
congratulating the City on
the award from the AIA
that allows the City to en-
gage in the Green Sustain-
able Design Assessment
Team study and request-
ing that Four Mounds be
involved in the planning
process and that their site
be utilized as a demonstra-
tion model, upon motion
received and filed and re-
ferred to the City Manager.
Dubuque Metropolitan
Area Solid Waste Agency:
Communication from
Chuck Goddard, Dubuque
Metropolitan Area Solid
Waste Agency Administra-
tor, submitting the Agen-
cy's Fiscal Year 2008
budget and fee schedule,
upon motion received and
`lied.
Vision Iowa: Communi-
cation *rom Andrew Ander-
son, Vision Iowa Board
Chairman, submitting the
Vision Iowa Status Report.
,,po, ~ -,ot~on recewed ana
highway across tne. 5rdie
of Iowa, upon motion re-
ceived and filed.
Citizen Communication:
Communication from D.
Michael O'Meara request-
ing that the City identify
and name city streets in
honor of those war dead of
the Vietnam-era conflict,
upon motion received and
filed.
Purchase of Property -
509 East 22nd Street: City
Manager recommending
that the City purchase a
residential dwelling located
at 509 East 22nd Street as
part of the acquisition pro-
gram associated with the
Bee Branch Creek Resto-
ration Project, upon. mo-
tion received and filed.
Michalski moved to adopt
Resolution No. 40-07, Ap-
proving the acquisition of
real estate located at 509
East 22nd Street in the
City of Dubuque.
Seconded by Connors.
Motion carried 7-0.
Purchase of Property.-
505 Rhomberg Avenue:
City Manager recommend-
ing that the City purchase
a residential dwelling lo-
cated at 505 Rhomberg
Avenue as part of the ac-
quisition program associ-
ated with the Bee Branch
Creek Restoration Project, '
upon motion received and
filed. Michalski moved to
adopt Resolution No. 41-
07 Approving the acquisi-
tion of real estate located
at 505 Rhomberg Avenue
in the City of Dubuque.
Seconded by Connors.
Motion carried 7-0.
Eagle Point Park Con-
crete Replacement Proj-
ects: City Manager rec-
ommending acceptance of
the Eagle Point Park Con-
crete Replacement Proj-
ects as completed by
Kluck Construction in the
final contract amount of
$91,312.75, upon motion
received and filed.
Michalski moved to adopt
Resolution No. 42-07 Ac-
cepting improvement and
Resolution No. 43-07 Ap-
proving final estimate.
Seconded by Connors.
Motion carried 7-0.
Five Flags Bleacher Re-
placement Project: .City
Manager recommending
acceptance of the Five
Flags Bleacher Replace-
ment Project as completed
by Iowa Direct Equipment
and Appraisal L.C. in the
final contract amount of
$354,950, upon motion re-
ceived and filed. Michalski
moved to adopt Resolution
No. 44-07 Accepting im-
provement and Resolution
No. 45-07 Approving final
estimate. Seconded by
I Connors. Motion carried 7-
ii 0.
or me anal scneauie or as
sessments, upon motion
received and filed.
Michalski moved to adopt
Resolutign No. 47-07 Ac-
cepting the Alta Vista -
Carlotta Streets - Recon-
struction Project, Resolu-
tion No. 48-07 Approving
final estimate, and Resolu-
tion No. 49-07 Adopting
the final assessment '
.schedule for the Alta Vista
- Carlotta Streets Recon-
struction Project including
certain information re-
quired by the Code of Io-
wa, specifically, the num-
ber of ahnual Ihstallments
into which assessments
are divided, the interest on
all unpaid installments, the
time when the assess-
ments are payable and di-
recting the Clerk to certify
the final schedule and to
publish notice thereof.
Seconded by Connors.
Motion carried 7-0.
Bonsbn Road Recon-
struction Project: City
Manager recommending
acceptance of the Bonson
Road Reconstruction Proj-
ect as completed by
Horsfield Construction,
Inc., in the final contract
amount of $542,647.00
and approval of the final
schedule of assessments,
upon motion received and
filed. Michalski moved to
adopt Resolution No. 50-
07 Accepting. the Bonson
Road Reconstruction Proj-
ect, Resolution No: 51-07
Approving final estimate,
and Resolution No. 52-07
Adopting the final assess-
meht schedule for the
Bonson Road Reconstruc-
tion Project including cer-
tain information required
by the Code of Iowa, spe-
cifically, the number of an-
nual Installments into
which assessments are
divided, the interest on all
unpaid installments, the
time when the assess-
ments are payable and di-
recting the Clerk to certify
the final schedule and to
publish notice thereof.
Seconded by Connors.
Motion carried 7-0.
GPS Rover Vehicle Pur-
chase: CRy Manager rec-
ommending approval to
purchase a Geographic
Position Syystem (GPS) Ro-
ver from,Eagle Point, Inc.
in the amount of $19,920,
upon motion received,
filed, and approved.
Seneca Monitoring Well
recommending approval of
a License Agreement with
Seneca Environmental
Services to re-install a
monitoring well in the City
alley right-of-way east of
500 Locust Street, upon
motion received and filed.
reyuesuny uiar una Heil
be tabled at the February
5, 2007, City Council '
meeting. City Manager
recommending approval of
an amendment to the con-
tract with First Transit to
expand their team in Du-
buque from one to two po-
sitions to fill the. vacant
Transportation Clerk posi-
tion, upon motion re-
ceived, filed and tabled
until February 20, 2007.
Lease Amendment for
"Dubuque by Carriage":
City Manager recommend-
ing approval of the Sixth
Amendment to the lease
agreement with Carole
Lindstrom of "Dubuque by
Carriage" to extend the
original lease of the former
Dock Board building for an
additional two years, upon
motion received, filed, and
approved.
Cottingham and Butler
CEBA. Agreement: City
Manager recommending
approval of an amendment
to the Community Eco-
nomic Betterment Account
(CEBA) Agreement with
the Iowa Department of
Economic Development
and Cottingham and Butler
Insurance Service which
extends the project com-
pletion date by one year,
upon motion received and
filed. Michalski moved to
adopt Resolution No. 54-
07 Authorizing the appro-
val of an amendment to
the CEBA Agreement with
Cottingham ~ Butler Insur-
ance Service. Seconded
by Connors. Motion car-
ried 7-0.
Unified Development
Code Bluffland Advisory
Committee: City Manager
recommending City Coun-
cil confirmation of the ad-
dition of Jim Gonyier, Co-
Director of Transportation
and Planning at ECIA (East
Central Intergovernmental
Association) to the Unified
Development Code
Bluffland Advisory Com-
mittee, upon motion re-
ceived, filed, and ap-
proved.
Shot, Tower Archeological
Survey: City Manager rec-
ommending approval of a
Memorandum of Agree-
ment (MOA) between the
National Parks Service
(NPS), State Historical So-
ciety of Iowa (SHSI), and
the City of Dubuque for the
Shot tower Archeological
Investigation, upon motion
raG~ivv_gd_ a_nd._ filed.
Michalski moved to adopt
Resolution No. 55-07 Au-
thorizing a Memorandum
of Aggrreement with the Na-
tfonai F~at'k Service and the
data Historical'' Society of
Iowa. for the Shot Tower
Archeological I nvestiga-
.._ .,.,.~Ad by
filed, and approved.~c ~c
Legislative Correspond-
ence: Communication to
federal legislators urging
support efforts to fund an
increase in Health Center
funds of at least $181 mil-
lion; communication to the
Science and Transporta-
tion Committee expressing
the City's concern over an
FCC rule, which sets se-
vere limitations on local
franchising authorities; and
communication to local
legislators regarding Iowa
Great Places funding,
upon motion received and
filed.
White Water Creek
Bridge Rehabilitation: City
Manager recommending
approval of an agreement
with the State Historical
Society of Iowa (SHSI) for
a $55,250 Historic Sites
Preservation Grant (HSPG)
for rehabilitation of the
White Water Creek Bridge,
upon motion received and
filed. Michalski moved to
adopt Resolution No. 56-
07 Authorizing an agree-
ment for the Historic Sites
Preservation Grant Pro-
gram for the White Water
Creek Bridge. Seconded
by Connors. Motion car-
ried 7-0.
Water Pollution Control
Plant Facility Plan: City
Manager recommending
approval of the issuance of
a Request for Proposals
for the Water Pollution
Control Plant Facility Plan,
upon motion received,
filed, and approved.
PEG Access Capital
Grant Expenditure: City
Manager recommending
approval of the recom-
mendation from the Cable
TV Teleprogramming Com-
mission to approve three
requests for funding from
the Capital Grant for Ac-
cess Equipment and Facili-
ties, upon motion received,
filed, and approved.
Quarterly Investment Re-
port: City Manager sub-
mitting the December 31,
2006, Quarterly Investment
Report, upon motion re-
deived and filed.
Substance Abuse Serv-
ices Center: Diane K. Tho-
mas, Executive Director of
Substance Abuse Services
Center, submitting the
Second Quarter Report for
Fiscal Year 2007, upon
motion received and filed.
Mediacom Cultural Affairs
Charitable Foundation of
Dubuque, Inc.: Communi-
cation from Kathleen
McMullen, Mediacom Area
Manager, requesting ap-
pointments to the
Mediacom Cultural Affairs
Charitable Foundation of
Dubuque, Inc., upon mo-
tion received, filed, and re-