Proof of Publication_City Council Proceedings 1 19 10CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 PM on
January 19, 2010 in the
Historic Federal Build-
ing.
Present: Mayor Pro -
Tem Resnick, City
Council Members
Braig, Connors, Jones,
Lynch, Voetberg, Assis-
tant City Manager
Steinhauser, City Attor-
ney Lindahl
Absent: Mayor Buol,
City Manager Van
Milligen
Mayor Pro Tem
Resnick read the call
and stated this is a
regular session of the
City Council to act
upon such business
that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was
provided by Reverend
Tim LoBianco of Resur-
rection Church
PROCLAMATION
Earned Income Tax
Credit (EITC) Aware-
ness Day (January 29,
2010) was accepted by
Tom Stovall, Operation:
New View Community
Acton Agency, 1473
Central A.vsn! +a
Submitted: Cable Com
munity Teleprogram
ming Commission o
11/3; City Council o
1/4; Historic Preser
vation Commission o
12/17; Library Board o
Trustees of 11/17
Zoning Advisory Com
mission of 1/6; Zoninc
Board of Adjustment o'
12/17
Carnegie Stout Public
Library Board 01
Trustees Update from
Meeting of December.
17, 2009
Proof of publication 01
City Council Proceed
ings of December 21
and 30, 2009
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Donna Clough for
personal injury; John
W. Thomas for pro-
perty damage; Tschigg-
frie Excavating Com-
pany for property
damage; and Vicky
Fuller for property
damage. Upon motior
the documents were
received, filed anc
referred to the City
Attorney.
City Attorney advisinc
that the followinc
claims have beer
referred to Public
Entity Risk Services o'
Iowa, the agent for the
Iowa Communities
Assurance Pool: Chery
Ludovissy for vehicle
damage; Sally Lang for
personal injury /vehicle
damage; Ron Burds for
vehicle damage;
Richard Hanson for
vehicle damage; Donna
Clough for personal
injury; John W. Thomas
for property damage;
and Arthur Cotton for
vehicle damage. Upon
motion the documents
were received, filed
and concurred.
Fiscal Year 2010
Annual Action Plan -
Amendment #2: City
Manager recommend-
ing approval of the
second amendment to
the Fiscal Year 2010
Annual Action Plan.
Upon motion the
documents were
received and filed and
Resolution No. 9 -10
Approving a Fiscal Year
2010 (Program Year
2009) Annual Action
Plan - Amendment #2
for Community Devel-
opment Block Grant
(CDBG) Homelessness
Prevention and Rapid
Re- Housing (HPRP) and
Community Develop-
ment Block Grant
Recovery CDBG - R)
funds was adopted.
Introd Uch
• New u
' Kia Sorento
Exclusivley at
Mike Finnin Kia
A departure from
the expected.
Right Time. Right Place. Right Ride.
With its state of the art technology, sporty styling
and a spacious interior, the Kia Sorento is the
first crossover everyone wants to drive.
Proudly made in America.
uI Inc UI C
town Urban Renewal
District. Upon motion
the documents were
received, filed, and
approved.
Plat of Survey -
Pinchuck-Herrig Place:
Zoning Advisory Com-
mission recommending
approval of the Plat of
Survey of Pinchuck-
Her rl
/mo..*
1
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Io'
corporation, publisher of the Telegraph Herald,a newspaper of general circul
published in the City of Dubuque, County of Dubuque and State of Iowa; he
certify that the attached notice was published in said newspaper on the follow
dates: January 27, 2010, and for which the charge is $182.79.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this a2q day of , 20 /O .
Notary Public in and for Dubuque County, Iovl
M Y K WESTERMEYER
Co —m;;,sion Number 154885
'.w ' :— Exp FEB. 1, 2011
Submitted: Cable Corn
munity Teleprogram
ming Commission
11/3; City Council o
1/4; Historic Preser
vation Commission o
12/17; Library Board o
Trustees of 11/17
Zoning Advisory Com
mission of 1/6; Zoninc
Board of Adjustment o
12/17
Carnegie Stout Public
Library Board o
Trustees Update frorr
Meeting of Decembei
17, 2009
Proof of publication o
City Council Proceed
ings of December 2]
and 30, 2009
Upon motion the
documents were
received and filed.
Notice of Claims,
Suits: Donna Clough foi
personal injury; Johr
W. Thomas for pro
perty damage; Tschigg
frie Excavating Corn
pany for property
damage; and Vickl
Fuller for propertl
damage. Upon motior
the documents were
received, filed anc
referred to the Cit]
Attorney.
City Attorney advisinc
that the followinc
claims have beer
vekrGiiis yS.a,.^u.:
t006 Pontiac Vibi
Exclusivley at
Mike Finnin Kia
A departure from
the expected.
Right Time. Right Place. Right Ride.
With its state of the art technology, sporty styling
and a spacious interior, the Kia Sorento is the
first crossover everyone wants to drive.
Drnui/l
Aiiuno0 g umoj JaisAag0 900Z
t+xti US 005 L Weil 9000 90(
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: January 27, 2010, and for which the charge is $182.79.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this a27 day of fir, �,r� , 20 /o
Notary Public in and for Dubuque County, Iowa.
"A = MARY K. WESTERMEYER
Commission Number 154885
,o : My Comm. FEB. 1, 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 PM on
January 19, 2010 in the
Historic Federal Build-
ing.
Present: Mayor Pro -
Tern Resnick, City
Council Members
Braig, Connors, Jones,
Lynch, Voetberg, Assis-
tant City Manager
Steinhauser, City Attor-
ney Lindahl
Absent: Mayor Buol,
City Manager Van
Milligen
Mayor Pro Tern
Resnick read the call
and stated this is a
regular session of the
City Council to act
upon such business
that may properly
come before the City
Council.
Pledge of Allegiance
Invocation was
provided by Reverend
Tim LoBianco of Resur-
rection Church
PROCLAMATION
Earned Income Tax
Credit (EITC) Aware-
ness Day (January 29,
2010) was accepted by
Tom Stovall, Operation:
New View Community
Acton Agency, 1473
Central Avenue.
CONSENT ITEMS
Motion by Connors to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Motion carried 6-0.
Minutes and Reports
Submitted: Cable Com-
munity Teleprogram-
ming Commission of
11/3; City Council of
1/4; Historic Preser-
vation Commission of
12/17; Library Board of
Trustees of 11/17;
Zoning Advisory Com-
mission of 1/6; Zoning
Board of Adjustment of
12/17
Carnegie Stout Public
Library Board of
Trustees Update from
Meeting of December
17,2009
Proof of publication of
City Council Proceed-
ings of December 21
and 30, 2009
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Donna Clough for
personal injury; John
W. Thomas for pro-
perty damage; Tschigg-
frie Excavating Com-
pany for property
damage; and Vicky
Fuller for property
damage. Upon motion
the documents were
received, filed and
referred to the City
Attorney.
City Attorney advising
that the following
claims have been
referred to Public
Entity' Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance Pool: Cheryl
Ludovissy for vehicle
damage; Sally Lang for
personal injury/vehicle
damage; Ron Burds for
• vehicle damage;
Richard Hanson for
vehicle damage; Donna
Clough for personal
injury; John W. Thomas
for property damage;
and Arthur Cotton for
vehicle damage. Upon
motion the documents
were received, filed
and concurred.
Fiscal Year 2010
Annual Action Plan -
Amendment #2: City
Manager recommend-
ing approval of the
second amendment to
the Fiscal Year 2010
Annual Action Plan.
Upon motion the
documents were
received and filed and
Resolution No. 9-10
Approving a Fiscal Year
2010 (Program Year
2009) Annual Action
Plan - Amendment #2
for Community Devel-
opment Block Grant
(CDBG) Homelessness
Prevention and Rapid
Re -Housing (HPRP) and
Community Develop-
ment Block Grant
Recovery (CDBG-R)
funds was adopted.
Grass and Weed
Cutting Assessments:
City Manager recom-
mending approval to
certify grass and weed
cutting charges to the
Dubuque County
Treasurer in order to.
establish real property
liens for collection of
such charges. Upon
motion the documents
were received and filed
and Resolution No. 10-
10 Authorizing the City
to collect delinquent
grass and weed cutting
and garbage collection
charges in accordance
with Title 6-6-3C2o;
Title 6-6-463 and Title 6-
6B of the Code of
Ordinances of the City
of Dubuque, Iowa, was
adopted.
Vacant and Aban-
doned Buildings (VABs)
and Problem Property
Assessments: City Man-
ager recommending
approval of vacant and
abandoned building
and problem property
assessments. Upon
motion the documents
were received and filed
and Resolution No. 11-
10 Authorizing the City
to collect delinquent
vacant and abandoned
building and problem
property charges in
accordance with Title 6-
6-3B1h; Title 16-6-4B3
and Title 6-6B of the
Code of Ordinances of
the City of Dubuque,
Iowa, was adopted.
Curtis Collection: City
Attorney transmitting
the fully executed Bill
of Sale for the Curtis
Collection from Dubu-
que Cultural Preser-
vation Committee to
the Dubuque Museum
of Art. Upon motion the
documents were
received and filed.
Dubuque Metropoli-
tan Area Solid Waste
Agency (DMASWA):
Communication from
Chuck Goddard,
Agency Administrator
for DMASWA, submit-
ting the Agency's
Fiscal Year 2011 fee
schedule which goes
into effect on July 1,
2010. Upon motion the
documents were
received and filed.
Downtown Design
Guidelines: City Mana-
ger recommending
approval of the
proposed expansion of
the Downtown Design
Guidelines (DDG) area
to be consistent with
the southern boundary
of the Greater Down-
town Urban Renewal
District. Upon motion
the documents were
received, filed, and
approved.
Plat of Survey -
Pinchuck-Herrig Place:
Zoning Advisory Com-
mission recommending
approval of the Plat of
Survey of Pinchuck-
Herrig Place as
requested by Buesing
and Associates. Upon
motion the documents
were received and filed
and Resolution No. 12-
10 Approving Plat of
Survey of Pinchuck-
Herrig Place was
adopted.
Thomas Place
Guardrail and Curb and
Gutter Replacement
Project: City Manager
recommending accept-
ance of the Thomas
Place Guardrail and
Curb and Gutter
Replacement Project
as completed by Drew
Cook & Sons Exca-
vating Co., Inc., in the
final contract amount
of $35,547.35. Upon
motion the documents
were received and filed
and Resolution No. 13-
10 Accepting the
Thomas Place Guard-
rail and Curb and Gut-
ter Replacement Pro-
ject and authorizing
payment of the con-
tract amount to the
contractor was
adopted.
Asbury Plaza Area
Wastewater Pumping
Facilities: City Manager
recommending accept-
ance of the Asbury
Plaza Area Wastewater'
Pumping Facilities as
completed by McDer-
mott Excavating in the
final contract amount
of $550,845.47. Upon
motion the documents
were received and filed
and Resolution No. 14-
10 Accepting the
Asbury Plaza Area
Wastewater Pumping
Facilities Project and
authorizing payment of
the contract amount to
the contractor was
adopted.
Cottingham and
Butler, Inc. - CEBA and
EZ Amendments: City
Manager recommend-
ing approval of an
amendment to the,
CEBA and EZ agree-
ments with Cottingham
and Butler, Inc., which
extends their job
creation deadline by
One year. Upon motion
the documents were
received and filed and.
Resolution No. 15=10
Authorizing the appro-
val of an amendment
to the CEBA and
Enterprise Zone Agree-
ments with Cottingham
& Butler Insurance
Service was adopted.
Clean Water State
Revolving Fund Rules:
Communication to the
Iowa Department of
Natural Resources
conveying the City of
Dubuque's comments
on proposed changes
to Chapter 90 of the
Code of Iowa regarding
the Clean Water State
Revolving Fund rules.
Upon . motion the
document was
received and filed.
Citizen Communica-
tion: Communication
from Sandy Amberg, 80
Croydon Crest,
regarding fluoridation
in the City's water
system. Upon motion
the document was
received, filed and
referred to the City
Manager.
Environmental Stew-
ardship Advisory Com-
mission: Communica-
tion from the Environ-
mental Stewardship
Advisory Commission
regarding fundraising
car washes and storm -
water management.
Upon motion the
document was
received, filed and
referred to the City
Manager.
Signed Contracts: The
Ferguson Group for
Energy Efficiency and
Conservation Block
Grant (EECBG) Strate-
gic / Grant Writing
Services. Upon motion
the document was
received and filed.
Business License
Refund: Request of
Road Ranger, LLC for a
refund of Liquor
Licenses #BCO29103
and #BC0029104. Upon
motion the documents
were received, filed,
and approved.
Liquor License
Applications: City Man-
ager recommending
approval of annual
liquor license renewals
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 16-
10 Granting the
issuance of a Class "C"
Beer Permit to El
Paisano Grocery Store;
and Resolution No. 17-
10 Granting the
issuance of a Class "C"
Beer/Liquor License to
Mario's Italian Restau-
rant, Taiko Japanese
Restaurant and The
Lounge; a Special Class
"C" (BW) Liquor
License to Cafe Manna
Java West; and a Class
."B" Wine Permit to
Dubuque Religious
Center were adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Braig to
receive and file the
documents, adopt the
resolution, set the
public hearing as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Voetberg.
Motion carried 6-0.
Water Revenue
Capital . Loan Notes:
City Manager recom-
mending that a public
hearing be set for
February 1, 2010 to
consider the issuance
of not to exceed
$1,000,000 Water
Revenue Capital Loan
Notes. Upon motion the
documents were
received and filed and
Resolution No. 18-10
Fixing date for a
meeting on the
authorization of a
Forgivable Loan and
Disbursement Agree-
ment and the issuance
of not to exceed
$1,000,000 Water
Revenue Capital Loan
Notes of Dubuque,
Iowa, and providing for
publication of notice
thereof was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on February 1,
2010 in the Historic
Federal Building.
BOARDS/COMMISSIONS
Applicants were
invited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions: Long
Range Planning Advi-
sory Commission. One
3-year term through
July 1, 2012 (Term of
• Stein). Applicants:
Bryan Clark, 455 Moore
Heights; 'Lou. Oswald,
1080 Nowata Street;
and John Pregler, 1525
Pego Court. Mr. Pregler
spoke in support of his
appointment. Mr.
Anglese's application
was withdrawn.
PUBLIC HEARINGS
Upon motion the rules
were suspended
allowing . anyone
present to address the
City Council.
Request to Rezone -
Langworthy Neighbor-
hood District: Proof of
publication on notice
of public hearing to
consider a request
from Terry Mozena /
Langworthy Neighbor-
hood Association to
rezone a portion of the
Langworthy Neighbor-
hood District from R-2
Two -Family Residential
District to R-1 Single -
Family Residential
District and Zoning
Advisory Commission
recommending appro-
val.
Communication from
David Klavitter, 1090
West 3rd Street, in
support of the
proposed rezoning of a
portion of the Lang -
worthy Neighborhood
District.
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. Second-
ed by Voetberg. Motion
carried 6-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 1-10 Amending
Title 16 of the City of
Dubuque Code of
Ordinances, Unified
Development Code, by
reclassifying herein-
after described pro-
perty located partially
within the Langworthy
Historic District from R-
2 Two -Family Residen-
tial District to R-1
Single -Family Residen-
tial District. Seconded
by Voetberg. Terry
Mozena, 1036 West
3rd, Street spoke in
support, of the
proposed ordinance.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Speaking on behalf of
the Zoning Advisory
Commission, Chairper-
son Jeff Stiles stated
that all affected
residents except 'one
support the request.
Motion carried 6-0.
Text Amendment - Off-
. Premise Sign Area:
Proof of publication on
notice of public
hearing to consider a
request from the City
of Dubuque to amend
Article 15-12 of the
Unified Development
Code regarding off -
premise sign areas.
Motion by Connors 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. Second-
ed by Lynch. Motion
carried 6-0.
Motion by Connors for
final consideration and
,passage of Ordinance
No. 2-10 Amending
Title 16 of the City of
Dubuque Code of
Ordinances, Unified
Development, Code, by
repealing Section 15-12
Off -Premise Signs and
adopting a new Section
15-12 Off -Premise
Signs in lieu thereof
pertaining to the
regulations of off -
premise signs along
state and federal
highways and near
historic districts.
Seconded by Braig.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Motion carried 6-0.
Individual Historic
Designation - 44 Main
Street: Proof of
publication on notice
of public hearing to
consider the Individual
Historic Designation
for 44 Main Street and
Historic Preservation
Commission recom-
mending approval.
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. Second-
ed by Voetberg. Motion
carried 6-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 3-10 Amending
Title 16, Unified Deve-
lopment Code of the
City of Dubuque Code
of Ordinances by
adding Article 10-
7(C)(4) Establishing an
individually designated
historic property at
2537 Windsor Avenue
and by adding Article
10-7(C)5) Establishing
an individually desig- �y
nated historic property a
at 44. Main Street.
Seconded by Voetberg.
Motion carried 6-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Proudly Accessible
Dubuque (PAD): Com-
munications from
Katrina Wilberding
advising that the
Mississippi Riverwalk
and River's Edge Plaza,
the City Trolley -
Dubuque, and Ice
Harbor Boat Docks
have been named as
Proudly Accessible
Dubuque businesses.
Motion by Connors to
receive and file the
documents. Seconded
by Braig. Connors
commended and
thanked Wilberding for
her professionalism
and success with the
City's accessibility
compliance. Motion
carried 6-0.
Federal Emergency
Management Agency
(FEMA): City Manager
recommending appro-
val of the submittal of
revised talking points
to federal legislators
related to the Federal
Emergency Manage-
ment Agency new ' for Dubuque County, area maps. q Iowa,
Motion by Braig to 20 /O
receive and file the ,
documents and ap-
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 6-0.
COUNCIL MEMBER
REPORTS
CATION
:ommunications, Inc., an Iowa
newspaper of general circulation
buque and State of Iowa; hereby
said newspaper on the following
eis$182.79.
Connors reported on
her attendance at the
emergency manage-
ment exercise held at
the. Fire Training
Facility earlier in the
day.
/s/Jeanne F. Schneider,
CMC, City Clerk
itl/27 -ERMEYER
ri3,iUN 04umber 154885
My Comm. Exp; FEB. 1, 2011
nd for Dubuque County, Iowa.