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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.