Proof of Publication_City Council Proceedings 2 1 10CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
February 1, 2010 in the
Historic Federal Build-
ing.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Voet-
berg, City Manager
Van Milligen, City
Attorney Lindahl
Mayor Buol 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 pro-
vided by Reverend
Nancy Bickel of the
First Congregational
UCC.
PROCLAMATIONS
Congenital Heart
Defect Awareness
Week (February 7 -14,
2010) was accepted by
Jesi Duve, 15818
Humke Road. Scouting
Day (February 7, 2010)
was accepted by Colin
Earl, 10601 Military
Road, and represen-
tatives from the NE
Iowa Council of the
Boys Scouts of
America.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Motion carried 7 -0.
Minutes and Reports
Submitted: City Coun-
cil of 1/19; Community
Development Advisory
Commission of 1/6;
Housing Commission of
11/24 and 12/4;
Historic Preservation
Commission of 1/14;
Human Rights Com-
mission of 11/9; Park
and Recreation Com-
mission of 1/12
Proof of publication of
City Council Proceed-
ings of January 4, 2010
Substance Abuse Ser-
vices Center Second
Quarter Report
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Lester C. Leubka
for property damage.
Upon motion the docu-
ments were received
and filed and referred
to the City Attorney.
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
owa. the anent for the
documents were
received and filed and
referred to the Historic
Preservation Commis-
sion.
Kerper Boulevard
Storm Sewer Improve-
ments Project: City
Manager recommend-
ing acceptance of the
Kerper Boulevard
Storm Sewer Improve-
ments Project as
completed by McDer-
mott Excavating Co., in
the final contract
amount of $75,489.53.
Upon motion the
documents were
received and filed and
Resolution No. 19 -10
Accepting the. Kerper
Boulevard Storm
Sewer Improvements
Project and authorizing
payment of the
contract amount to the
contractor was
adopted.
Clarke Drive Sanitary
Sewer Repair Project:
City Manager recom-
mending acceptance of
the Clarke Drive
Sanitary Sewer Repair
Project as completed
by Drew Cook & Sons
Excavating Co., Inc., in
the final contract
amount of $22,431.68.
Upon motion the
documents were
received and filed and
Resolution No. 20 -10
Accepting the Clarke
Drive Sanitary Sewer
Repair Project and
authorizing payment of
the contract amount to
the contractor was
adopted.
Ingress and Egress
Easement - Cedar
Ridge Farm Place No. 5:
City °Manager recom-
mending acceptance of
an ingress and egress
easement over Lot 1 of
Cedar Ridge Farm
Place No. 5 to maintain
existing detention
facilities. Upon motion
the documents were
received and filed and
Resolution No. 21 -10
Accepting an ingress
and egress easement
for repair and
maintenance of
existing stormwater
detention facilities in
the City of Dubuque,
Iowa, was adopted.
2009 Sidewalk
Assessment Program:
City Manager recom-
mending approval of
the final schedule of
assessments for the
2009 Sidewalk Assess-
ment Program. Upon
motion the documents
were received and filed
and Resolution No. 22-
10 Adopting the final
assessment schedule
for the 2009 Sidewalk
Assessment Program
was adopted.
Quarterly Investment
Report: City Manager
transmitting the
December 31, 2009
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
Acquisition of Pro-
perty at 250 South
Main Street: City
Manager recommend-
ing approval of the
acquisition of property
at 250 South Main
Street and execution of
an Offer to Buy and
Deferred Payment Plan
Agreement between
the City and the Iowa
Department of Trans-
portation. Upon motion
the documents were
received, filed, and
approved.
40 Main LLC Collateral
Assignment: City Man-
ager recommending
approval of the
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC. Upon
motion the documents
were received and filed
and Resolution No. 23-
10 Approving a
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC, was
adopted.
Dubuque County
H1N1 Subcontract: City
Manager recommend-
ing approval of a
contract with the
Dubuque County
Health Department for
services related to the
H1N1 pandemic
response. Upon motion
the documents were
received, filed, and
approved.
Federal Emergency
Management Agency
(FEMA): City Manager
recommending appro-
val of a proposed
response letter to the
December 30, 2009
Federal Emergency
Management Agency
(FEMA) letter trans-
mitting FEMA's revised
preliminary Digital
Flood Insurance Rate
Map (DFIRM). Upon
motion the documents
were received and
filed.
Petition Iowa Utilities
Board for Amendment
Digital Flood Insurance
Rate Map ( DFIRM).
Upon motion the
document was
received and filed.
Intercultural Compe-
tency Report: , City
Manager transmitting
the 2008 - 2009 Inter-
cultural Competency
Report. Upon motion
the documents were
received and filed.
Delinquent Water,
Sewer, Refuse and
Storm Water Collection
Accounts: City Mana-
ger recommending ap-
proval of the sub-
mission of delinquent
water, sewer, refuse
and storm water
collection accounts to
the Dubuque County
Treasurer. Upon mo-
tion the documents
were received and filed
and Resolution No. 25-
10 Adopting the Sche-
dule of Assessments
for delinquent water,
refuse, sewer and
storm water collection
accounts and directing
the Clerk to certify the
schedule of assess-
ments to the County
Treasurer and to
publish notice thereof
was adopted.
Stipulation of Settle-
ment - Property Tax
Appeal: City Attorney
recommending appro-
val of the Stipulation of
Settlement for the
Hansel property tax
appeal which relates to
a vacant lot on Cedar
Cross Road and Lake
Ridge Drive. Upon
motion the documents
were received, filed,
and approved.
House File 132 -
Annexation of Public
Land: City Manager
providing the Planning
Services staff's posi-
tion on proposed
House File 132
regarding annexation
of public land.
Communication to
State Legislators en-
couraging their op-
position to House File
132 regarding annexa-
tion of public land.
Upon motion the
documents were
received and filed.
National League of
Cities: Communication
to Mayor Roy Buol
regarding the next
steps for the National
League of Cities
Disconnected Youth
Economic Recovery
Technical Assistance.
Upon motion the
document was
received and filed.
AmeriCorps VISTA:
City Manager recom-
mending approval of a
Memorandum of Agree-
ment with the Iowa
Commission on Volun-
teer Services to place a
full -time AmeriCorps
VISTA position in the
Sustainability office
from November 2009
through November
2010. 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. 26-
10 Granting the
issuance of a Class "C"
Beer Permit to Hartig
Drug #8, Awn Stop
Mart, Big 10 Mart and
Puff n Snuff; and
Resolution No. 27 -10
Granting the issuance
of a Class "C" Beer/
Liquor License to North -
side Bar, Bootleggers
Pub, The Clubhouse,
Town Clock Inn and
Dubuque Mining Com-
pany; a Special Class
"C" Liquor License to
Pusateri's; a Class "E"
Liquor License to Puff n
Snuff; a Class "B" Wine
Permit to Hartig Drug
#8 and Puff n Snuff;
and a Class "B" (WBN)
Native Wine Permit to
Cedar Cross Amoco
and Big 10 Mart were
adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, approve
the Revenue Purpose
Statements, adopt the
resolutions, set the
public hearing as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Voetberg.
Motion carried 7 -0.
Electric and Gas
Franchise Fee Reve- pertaining to the
nue: City Manager re- addition of Free -
commending adoption standing Identification
of resolutions approv- Signs from 4th to 5th
ing. the Revenue Streets along the east
Purpose Statements side of Main Street.
for the use or expend- Seconded by Braig.
iture of electric and Motion carried 7 -0.
gas franchise fee Water Revenue
revenues from the sale Capital Loan Notes:
of electricity and gas Proof of publication on
by Alliant Energy, notice of hearing to
chise fee under the
City's Electric
Franchise with Alliant
Energy from 2% to 3%
on the sale of
electricity within the
City of Dubuque;
Resolution No. 32 -10
Setting a public
hearing on a proposed
ordinance increasing
the franchise fee under
the City's Gas Fran-
chise with Black Hills
Energy from 2% to 3%
on the sale of gas
within the City of
Dubuque; and Reso-
lution No. 33 -10 Setting
a public hearing on a
proposed ordinance
increasing the fran-
chise fee under the
City's Electric Fran-
chise with Maquoketa
Valley Electric Cooper-
ative from 2% to 3% on
the sale of electricity
within the City of
Dubuque were adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on February 15,
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:Commun -
ity Development Advi-
sory Commission. Two
3 -year terms through
February 15, 2013
(Low /Moderate In-
come Term of Caldwell
and At -Large Term of
Maloy). Applicants:
Theresa Caldwell, 1633
Elm Street - Low/
Moderate Income Area;
Paula Maloy, SVM,
2950 Kaufmann Avenue
- At- Large.
Appointments to the
following Boards /Com-
missions: Long Range
Planning Advisory
Commission. One 3-
year term through July
1, 2012 (Term of Stein).
Applicants: Bryan
Clark, 455 Moore
Heights; Lou Oswald,
1080 Nowata Street;
John Pregler, 1525
Pego Court. Upon roll -
call vote, John Pregler
was appointed to the
Long Range Planning
Advisory Commission
for a 3 -year term
through July 2, 2012.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Text Amendment - C -5
Central Business Dis-
trict Sign Regulations.
Proof of publication on
notice of public
hearing to consider a
text amendment to the
Unified Development
Code regarding the
addition of free-
standing identification
signs from 4th Street
to 5th Street along
either side of Main
Street as requested by
Norm Granback, Holi-
day Inn Dubuque, and
Zoning Advisory Com-
mission recommending
approval. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed
ordinance be consi-
dered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Braig. Motion car-
ried 7 -0. Norm
Granbeck, 4777 Came-
lot Drive and repre-
senting the Holiday
Inn, spoke in favor of
the proposed ordi-
nance. Planning .Ser-
vices Manager 'Laura
Carstens provided a
staff report.
Motion by Braig to
amend the proposed
ordinance limiting the
request to the east
side of Main Street
between 4th and 5th
Streets. Seconded by
Lynch. Motion carried 7 -0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 4 -10 (as amended)
Amending Title 16 of
the City of Dubuque
Code of Ordinances,
Unified Development
Code, by repealing
Section 15 -11.10 Sche-
dule of Sign Regula-
tions for the C -5 Cen-
tral Business District
and adopting a new
Section 15 -11.10 Sche-
dule of Sign Regula-
tions for the C -5
Central Business Dis-
trict in lieu thereof,
of Rule: City Manager Black Hills Energy consider the issuance
recommending appro- Corporation and of not to exceed
val to file a petition Maquoketa Valley $1,000,000 Water
before the Iowa Electric Cooperative Revenue Caoital Loan
I' e
a SorE
e of the art technology
tenor, the Kia Sorento
wants to drive. Pros
• 10- yet /100,000 ink limit
• 51e300,000 -md Ilmitrd
• 5 yur /100,000•mge lini :r
' S10i/60,00(kaft,
:ome all
Trades! ,i
an. 'r.inanc
No. 6 -10 Amending City
of Dubuque Code of
Ordinances Section 13-
2C-3(B) Establishing
the Schedule of Rates
for Residential and
Commercial Sewer
Users by increasing the
rates; and amending
Section 13- 2C- 3(C)(7)
Establishing the Mini-
mum Service Charge
by increasing the
minimum service char -
ae. Sarnnderi hv Rrain
i
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: February 10, 2010, and for which the charge is $231.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /Oa day of , 20 /o .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMC1'ER
°,
Commission Number 154885
My Co mm. Exp FEB. 1, 201i
U„.
0
documents were
received and filed and
referred to the Historic
Preservation Commis-
sion.
Kerper Boulevard
Storm Sewer Improve-
ments Project: City
Manager recommend-
ing acceptance of the
Kerper Boulevard
Storm Sewer Improve-
ments Project as
completed by McDer-
Digital Flood Insurance
Rate Map (DFIRM).
Upon motion the
document was
received and filed.
Intercultural Compe-
tency Report: City
Manager transmitting
the 2008 - 2009 Inter-
cultural Competency
Report. Upon motion
the documents were
received and filed.
Delinquent Water,
chise fee under the
City's Electric
Franchise with Alliant
Energy from 2% to 3%
on the sale of
electricity within the
City of Dubuque;
Resolution No. 32-10
Setting a public
hearing on a proposed
ordinance increasing
.the franchise fee under
the City's Gas Fran-
chise with Black Hills
I
-New
,o0nr00f,l0aded nue. City Manager re- addition' of Free- No. 6-10 Amending City
commending adoption standing Identification of Dubuque Code of
$279/mo of resolutions approv- Signs from 4th to 5th Ordinances Section 13-
ing, the Revenue ° Streets along the east 2C-3(B) Establishing
Pues
orrttheeuse oratements side of expend- SecondedMain Street. by Braig. fore Schedule of Residential Raand
iture, of electric and Motion carried 7-0. Commercial Sewer
gas franchise fee Water Revenue Users by increasing the
ilarevenues from the sale Capital Loan Notes: rates; and amending
of ,electricity and gas Proof of publication on Section 13-2C-3(C)(7)
by Alliant Energy, notice of hearing to Establishing the Mini -
Black Hills Energy consider the issuance mum Service Charge
Corporation and
Maquoketa Valley
I. . Electric Cooperative
1 within the City of
$15 /MODubuque and recom-
mending adoption of
e Neon SXT resolutions setting a
public hearing for
February 15, 2010 to
consider ordinances
increasing the fran-
chise fee under the
City's Electric and Gas
Franchises with Alliant
Energy, Black Hills
Energy and Maquoketa
Valley Electric 'Coop-
erative -from two
percent to three
percent. Upon motion
I—��the documents were
ri ► . received and filed and
Resolution No. 28-10
Approving a Revenue
Purpose Statement for
the use or expenditure
of electric and gas
franchise fee revenues
from the sale of
electricity by Alliant
Energy within the City
of Dubuque; Resolution
No. 29-10 Approving a
evenue Purpose State-
ent for the use or Motion by Jones to of Dubuque Parking
xpenditure of gas receive and file the Ramp to be located at
ranchise fee revenues documents and ap- 10th and Central.
rom the sale of gas by prove the recommen- Motion by Connors to
slack Hills Energy dation. Seconded by receive and file the
orporation within the Connors. Motion car- documents and ap-
ity of Dubuque; vied 7-0, prove the recommend-
esolution No. 30-10 Swearing in of Police ation. Seconded by
pproving a Revenue Chief Mark Dalsing. Voetberg. Responding
urpose Statement for Greater Dubuque to questions from the
he use or expenditure Development Corpora- City Council, Parking
f electric franchise tion: Rick Dickinson, System Supervisor Tim
ee revenues from the Executive Director - Horsfield stated that
ale of electricity by Greater Dubuque De- the design is driven by
n aquoketa Valley velopment Corpora- budget constraints and
Electric Cooperative tion, provided a verbal requires the approval
uthin the City of update on the activities of the Historic Pre-
ubuque; Resolution of the Greater Dubuque servation Commission.
■■..■dVublico. 31-10 Setting a Development Corpor- Motion carried 6-1 with
on a ation
4%,2006200772x54l
proposedeario dinance Works. anMotonbugue by RDubuque esnick tlvotingna
Trail
200566'55ap2increasing the fran- A Connors to receive and Grant Agreement: City
2009 Kia Spoilage
2008 Kia Spoilage
2007 Kia Spoilage,
2006 Kia Spoilage
2009 Kia Rondo, 4 (
2008 Kia Rondo LX,
2009 Kia Sedona L3
2009 Kia Sedona E;
by increasing the
minimum service char-
ge. Seconded by Braig.
Motion carried 7-0.
Transit Management -
Request for Proposals:
City Manager recom-
mending approval of
the Request for Pro-
posals (RFP) for Transit
Management services.
Motion by Lynch to ,
receive and file the
documents and 'ap-
prove the recommen-
dation. Seconded by 1
Braig. Voetberg asked
that the last sentence
of the first paragraph
on Page 5 of the
proposal be stricken.
Motion carried 7-0.
City of Dubuque Park-
ing Ramp:' City Mana-
gery Council. recommending
approval of the
ACTION ITEMS proposed design for
Police Chief Appoint- the parking ramp to be
ment: City Manager located at 10th Street
recommending appro- and Central Avenue.
val of the selection of Historic Preservation
Mark Dalsing as the Commission recom-
next Chief of Police for mending approval of
the City of Dubuque. the design of the City
of not to exceed
$1,000,000 Water
Revenue Capital Loan
Notes and City Mana-
ger recommending
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
34-10 Instituting pro-
ceedings to take
additional action for
the authorization of a
Forgivable Loan and
Disbursement Agree-
ment and the issuance
of not to exceed
$1,000,000 Water Reve-
nue Capital Loan
Notes. Seconded by
Voetberg. Motion car-
ried 7-0.
Upon motion the mules
were reinstated limit-
ing discussion to the
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
i 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 10, 2010, and for which the charge is $231.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this l0 day of , 20 /o .
Notary Public in and for Dubuque County, Iowa.
RY K. WESTERMEYER
Commission Number 154885
My Comm. ExpFEB. 1, 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
Isession at 6:30 p.m. on
February 1, 2010 in the
Historic Federal Build-
ing.
Present: Mayor Buol,
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Voet-
berg, City Manager
Van Milligen, City
Attorney Lindahl
Mayor Buol 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 pro-
vided by Reverend
Nancy Bickel of the
First Congregational
UCC.
PROCLAMATIONS
Congenital Heart
Defect Awareness
Week (February 7-14,
2010) was accepted by
Jesi Duve, 15818
Humke Road. Scouting
Day (February 7,:2010)
was accepted by Colin
Earl, 10601 Military
Road, and represen-
tatives from the NE
Iowa Council of the
Boys Scouts of
America.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Motion carried 7-0..
Minutes and Reports
Submitted: City Coun-
cil of 1/19; Community
Development Advisory
Commission of 1/6;
Housing Commission of
11/24 and 12/4; s
Historic Preservation
Commission of 1/14; r
Human Rights Com- t
mission of 11/9; Park r
and Recreation Com- a
mission of 1/12
Proof of publication of M
City Council Proceed-
ings of January 4, 2010 r
Substance Abuse Ser- v
vices Center Second r
Quarter Report D
Upon motion the
documents were M
received and filed.
Notice of Claims/ m
Suits: Lester C. Leubka p
for property damage. F
Upon motion the docu- M
ments were received m
land filed and referred w
to the City Attorney. fi
City „Attorney advising
that the ' following B
claims •have been of
referred to Public re
Entity Risk Services of va
the agent for the be
dowa Communities Ut
Assurance Pool: Vicky att
fuller for vehicle Ci
damage; Tschiggfrie Tr
Excavating Company Co
for loss of revenue- do
documents we
received and filed a
referred to the Histo
Preservation Comm
sion.
Kerper Bouleva
Storm Sewer Improv
ments Project: Ci
Manager recommen
ing acceptance of t
Kerper Bouleva
Storm Sewer Improv
ments Project
completed by McDe
molt Excavating Co.,
the final contra
amount of $75,489.5
Upon motion th
documents wer
received and filed an
Resolution No. 19-1
Accepting the. Kerpe
Boulevard Stor
Sewer Improvements
Project and authorizing
payment of the
contract amount to the
contractor was
adopted.
Clarke Drive Sanitary
Sewer Repair Project:
City Manager recom-
mending acceptance of
the Clarke Drive
Sanitary Sewer Repair
Project as completed
by Drew Cook & Sons
Excavating Co., Inc., in
the final contract
amount of $22,431.68.
Upon motion the
documents were
received and filed and
Resolution No 20-10
Accepting the Clarke
Drive Sanitary Sewer
Repair Project and
authorizing payment of
the contract amount to
the contractor was
adopted.
Ingress and Egress
Easement - Cedar
Ridge Farm Place No. 5:
City 'Manager recom-
mending acceptance of
an ingress and egress
easement over Lot 1 of
Cedar Ridge Farm
Place No. 5 to maintain
existing detention
facilities. Upon motion
the documents were
received and filed and
Resolution No. 21-10
Accepting an ingress
and egress easement
for repair and
maintenance of
existing stormwater
detention facilities in
the City of Dubuque,
Iowa, was adopted.
2009 Sidewalk
Assessment Program:
City Manager recom-
mending approval of
the final schedule of
assessments for the
2009 Sidewalk Assess-
ment Program. Upon
motion the documents
were received and filed
and Resolution No. 22-
10 Adopting the final
assessment schedule
for the 2009 Sidewalk
Assessment Program
was adopted.
Quarterly Investment
Report: City Manager
transmitting the
December 31, 2009
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
Acquisition of Pro-
perty at 250 South
Main Street: City
Manager recommend-
ing approval of the
acquisition of property
at 250 South Main
Street and execution of
an Offer.to Buy and
Deferred Payment Plan
Agreement between
the City and the Iowa
Department of Trans-
portation. Upon motion
the documents were
received, filed, and
approved.
40 Main LLC Collateral
Assignment: City Man-
ager recommending
approval of the
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC. Upon
motion the documents
were received and filed •
and Resolution No, 23-
10 Approving a
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC, was
adopted.
Dubuque County
H1N1 Subcontract: City
Manager recommend-
ng approval of a
contract with the
Dubuque County
Health Department for
ervices related to the
H1N1 pandemic
esponse. Upon motion
he documents were
eceived, filed, and
pp roved.
Federal Emergency
anagement Agency
FEMA): City Manager
ecommending appro-
al of a proposed
esponse letter to the
ecember 30, 2009
Federal Emergency .F
anagement Agency n
FEMA) letter trans- c
fitting FEMA's revised o
reliminary Digital in
lood Insurance Rate P
ap (DFIRM). Upon fo
otion the documents it
ere received and g
led. re
Petition Iowa Utilities of
oard for Amendment b
Rule: City Manager 81
commending appro- C
aI to file a petition M
fore the Iowa El
ilities Board in an wi
empt to restore the. Du
ty's municipal cable m
anchise with Media- re
m. Upon motion the pu
cuments were Fe
re Digital Flood Insuran
nd Rate Map (DFIRM
ric Upon motion t
is- document w
received and filed.
rd Intercultural Comp
e- tency Report: Ci
ty Manager transmitti
d- the 2008 - 2009 Inte
he cultural Competen
rd Report. Upon moti
e- the documents we
as received and filed.
r- Delinquent Wate
in Sewer, Refuse an
ct Storm Water Collectio
3. Accounts: City Man
e ger recommending a
e proval of the su
d mission of delinque
0 water, sewer, refus
r and storm wate
m collection accounts t
the Dubuque Count
Treasurer. Upon mo
tion the document
were received and file
and Resolution No. 25
10 Adopting the Sche
dule of Assessment
for delinquent wate
refuse, sewer an
storm water collectio
accounts and directin
the Clerk to certify th
schedule of assess
ments to the Count
Treasurer and t
publish notice thereo
was adopted.
Stipulation of Settle
ment - Property Tax
Appeal: City Attorney
recommending appro-
val of the Stipulation of
Settlement for the
Hansel property tax
appeal which relates to
a vacant lot on Cedar
Cross Road and Lake
Ridge Drive. Upon
motion the documents
were received, filed,
and approved.
House File 132 -
Annexation of Public
Land: City Manager
providing the Planning
Services staffs posi-
tion on proposed
House File 132
regarding annexation
of public land.
Communication to
State Legislators en-
couraging their op-
position to House File
132 regarding annexa-
tion of public land.
Upon motion the
documents were
received and filed.
National League of
Cities: Communication
to Mayor Roy Buol
regarding the next
steps for the National
League of Cities
,Disconnected Youth
Economic Recovery
Technical Assistance.
Upon motion the
document was
received and filed.
AmeriCorps VISTA:
City Manager recom-
mending approval of a
Memorandum of Agree-
ment with the Iowa
Commission on Volun-
teer Services to place a
full-time AmeriCorps
VISTA position in the
Sustainability office
from November 2009
through November
2010. 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. 26-
10 Granting the
issuance of a Class "C"
Beer Permit to Hartig
Drug #8, Awn Stop
Mart, Big 10 Mart and
Puff n Snuff; and
Resolution No. 27-10
Granting the. Issuance
of a Class "C" Beer/
Liquor License to North -
side Bar, Bootleggers
Pub, The Clubhouse,
Town Clock Inn and
Dubuque Mining Com-
pany; a Special Class
"C" Liquor License to
Pusateri's; a Class "E"
Liquor License to Puff n
Snuff; a Class "B" Wine
Permit to Hartig Drug
#8 and Puff n Snuff;
and a Class "B" (WBN)
Native Wine Permit to
Cedar Cross Amoco
and Big 10 Mart were
adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, approve
the Revenue Purpose
Statements, adopt' the
resolutions, set the
public hearing as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Voetberg.
Motion carried 7-0.
Electric and Gas
ranchise Fee Reve-
ue: City Manager re-
ommending adoption
f resolutions approv-
g . the Revenue
urpose Statements
r the use or expend-
ure of electric and
as franchise fee
venues from the sale
electricity and gas P
y Alliant Energy, n
ack Hills Energy co
orporation and of
aquoketa Valley $1
ectric Cooperative Re
thin the City of N
buque and recom- ge
ending adoption of ap
solutions setting a Co
blic hearing for fil
bruary 5. min to ad
ce chise fee under t
). City's Elect
he Franchise with Allia
as Energy from 2% to 3
on the sale
ec electricity within t
ty City of Dubuqu
ng Resolution No. 32-
r- Setting a publ
cy hearing on a propos
on ordinance increasin
re .the franchise fee and
the City's Gas Fra
r, chise with Black Hil
d Energy from 2% to 3
n on the sale of g
a- within the City
p- Dubuque; and Res
b- lution No. 33-10 Settin
nt a public hearing on
e proposed ordinanc
r increasing the fran
o chise fee under th
y City's Electric Fran
chise with Maquoket
s Valley Electric Coope
d ative from 2% to 3% o
the sale of electricit
- within the City o
s Dubuque were adopte
r, setting a publi
d hearing for a meetin
n to commence at 6:3
g p.m. on February 15
e 2010 in the Histori
Federal Building.
y BOARDS/COMMISSIONS
o Applicants wer
f invited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions:Commun
ity Development Advi
sory Commission. Two
3-yearterms through
February 15, 2013
(Low/Moderate In-
come Term of Caldwell
and At -Large Term of
Maloy). Applicants:
Theresa Caldwell, 1633
Elm Street - Low/
Moderate Income Area;
Paula Maloy, SVM,
2950 Kaufmann Avenue
- At -Large.
Appointments to the
following Boards/Com-
missions: Long Range
Planning Advisory
Commission. One 3-
year term through•July
1, 2012 (Term of Stein).
Applicants: Bryan
Clark, 455 Moore
Heights; Lou Oswald,
1080 Nowata Street;
John Pregler, 1525
Pego Court. Upon roll -
call vote, John Pregler
was appointed to the
Long Range Planning
Advisory Commission
for a 3-year term
through July 2,2012.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Text Amendment - C-5
Central Business Dis-
trict Sign Regulations:
Proof of publication on
notice of public
hearing to consider a
text amendment to the
Unified Development
Code regarding the
addition of free-
standing identification
signs from 4th Street
to 5th Street along
either side of Main
Street as requested by
Norm Granback, Holi-
day Inn Dubuque, and
Zoning Advisory Com-
mission recommending
approval. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed
ordinance be consi-
dered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Braig. Motion car-
ried 7-0. Norm
Granbeck, 4777 Came-
lot Drive and repre-
• senting the Holiday
Inn, spoke in favor of
the proposed ordi-
nance. Planning . Ser-
vices Manager -Laura
Carstens provided a
staff report.
Motion by Braig to
amend the proposed
ordinance limiting the
request to the east
side of Main Street
between 4th and 5th
Streets. Seconded by
Lynch. Motion carried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 4-10 (as amended)
Amending Title 16 of
the City of Dubuque
Code of Ordinances, f
Unified Development p
Code, by repealing N
Section 15-11.10 Sche- o
dule of Sign Regula- 0
tions for the C-5 Cen- P
tral Business District 1
and adopting a new S
Section 15-11.10 Sche- R
dule of Sign Regula- 1
tions for the C-5 W
Central Business Dis- d
trict in lieu thereof, I
pertaining to the U
addition of Free- N
standing Identification o
Signs from 4th to 5th 0
Streets along the east 2
side of Main Street. th
Seconded by Braig. fo
Motion carried 7-0. C
Water Revenue U
Capital Loan Notes: ra
roof of publication on S
otice of hearing to E
nsider the issuance m
not to exceed by
,000,000 Water m
venue Capital Loan ge
otes and City Mana- M
r recommending T
proval. Motion by Re
nnors to receive and Ci
e the documents and m
nnr Dnenl,rHn.. n,.-' «.
he file the informatio
ric Seconded by Voetbe
nt . Motion carried 7-0.
% Request to Addre
of the City Council - Ma
he J. Gilligan: Request
e; Mark J. Gilligan, 15
10 Earl Drive, to addre
is the City Council regar
ed ing the accumulati
g of ice on the corner
er Earl Drive and Pen
n- • sylvania Avenue.. M
Is Gilligan .withdrew h
request prior to th
as meeting after speakin
of to the City Engine
o- and resolving th
g issue.
a Request to Address
e the City Council
Sandy Amberg: Re-
e quest of Sandy Am -
berg, 80 Croydon Crest,
a to address the City
r- Council regarding ex-
e pense, safety and
y sustainability of adding
f fluoride to City water.
d Response to Ms.
c Am berg's concerns
g- regarding the City's
0 water supply having
fluoride.
c Motion by Lynch to
receive and file the
documents. Seconded
e by Braig. Ms. Amberg
addressed the City
Council regarding her
belief that fluoride is
an expensive and dan-
- gerous chemical that
- should be removed
from the City's drink-
ing water system. Mo-
tion carried 5-2 with
. Lynch and Jones voting
nay.
Tobacco and Alcohol
Compliance - Civil
Penalty Hearing: Assis-
tant City Attorney
Crenna Brumwell to
conduct a civil penalty
hearing on the third
tobacco compliance
violation and the
second alcohol com-
pliance violation by
Road Ranger, 2175
Central Avenue. Motion
by Connors to receive
and file the documents
and approve the Set-
tlement Agreements.
Seconded by Voetberg.
Assistant City Attorney
Crenna Brumwell
. informed the City
Council a hearing
would not be neces-
sary since settlement
agreements had been
signed. Road Ranger In -
House Attorney Katie
Mano and District
Manager Keith Kehl
described new mea-
sures . undertaken by
Road Ranger to pre-
vent future violations.
Motion carried 7-0.
Water Revenue Capi-
tal Loan Notes, Series
2010C: City Manager
recommending appro-
val of the final
proceedings providing
for the issuance of
$8,676,000 Water Reve-
nue Capital Loan
Notes. Motion by Braig
to receive and file the
documents and adopt
Resolution No. 35-10
Authorizing and provid-
ing for the issuance
and securing the
payment of $8,676,000
Water Revenue Capital
Loan Notes, Series
2010C by the City of
Dubuque, Iowa under
the provisions of Chap-
ter 384 of the Code of
Iowa, providing for a
method of payment
thereof, approving loan
and disbursement
agreements and other
related matters.
Seconded by Connors.
Motion carried 7-0.
Water and Sewer
Billing Units: City Man-
ager recommending,
as part of the Water
Meter Change Out
Project, to start billing
of the. water and sewer
consumption in gallons
versus the current
cubic feet. Motion by t
Connors to receive and f
file the documents and i
that the requirement
that a proposed ordi-
nance be considered q
and voted on for S
passage at two Council z
meetings prior to the
meeting at which it is g
to be passed be t
suspended. Seconded A
by Braig. Motion car- T
ried 7-0. w
Motion by Connors for
inal consideration and
assage of Ordinance t
o. 5-10 Amending City C
f Dubuque Code of in
rdinances Title 13 w
ublic Utilities, Chapter C
Water Use and
ervice, Article C fu
ates, Section 13-1C- m
(A) Establishing a
ater Rates for Resi-
ential, Commercial,
ndustrial and All Other it
ses; and Ordinance
o. 6-10 Amending City
f Dubuque Code of
rdinances Section 13-
C-3(B) Establishing
e Schedule of Rates
r Residential and
ommercial Sewer
sers by increasing the
tes; and amending
ection 13-2C-3(C)(7)
stablishing the Mini -
um Service Charge
increasing the
inimum service char-
. Seconded by Braig.
otion carried 7-0.
ransit Management -
quest for Proposals:
ty Manager recom-
ending approval of
n. Manager recommend-
rg. ing approval of a grant
agreement with the
ss Iowa Department of
rk Natural. Resources for
of $6,000 in Iowa Water
75 Trail funding for the
ss Dubuque Water Trail
d- Project. Motion by
on Connors o uments and '1L� IOWA
of file the documents and J1� 1
n- adopt Resolution No.
r. 36-10 Approving an f TT OT Tj�
is agreement for Iowa lJ L lJ 1
e Water Trail funding
g with the Iowa Depart-
er ment of Natural Re-
e sources for • the
Dubuque Water Tra
Seconded by Brai
- Motion carried 7-0.
Automated Agenda
Management Software:
City Manager recom-
mending approval o
the selection of Novu
Systems to provid
automated agend
management software
Motion by Lynch t
receive and file th
documents and ap
prove the recommen
dation. Seconded b
Connors. Motion car
ried 7-0.
Safe Community Task
Force Recommenda-
tions: City Manager
recommending adop-
tion of the first set of
. recommendations from
the Safe Community
Task Force. Motion by
Connors to receive and
file the documents and
approve the recom-
mendation. Seconded
by Resnick. Resnick
thanked the Task Force
for its work and stated
he liked the recommen-
dations. Mayor Buol
requested the Task
Force submit an up -
e e, a Billing Clerk for Woodward Communications, Inc., an
a lublisher of the Telegraph Herald,a newspaper of general cit.(
he City of Dubuque, County of Dubuque and State of Iowa;
- e attached notice was published in said newspaper on the foll
s' ry 10, 2010, and for which the charge is $231.08.
3 before me, a Notary Public in and for Dubuque County, Iow
date on their progress day of
for the February 15
meeting. Motion car-
ried 7-0.
Energy Efficiency and
Conservation Block
Grant (EECBG): City
Manager recommend-
ing approval of the
Energy Efficiency and
Conservation Strategy
for the $574,700 EECBG
funds the City received
as a formula allocation
through the American
Recovery and Reinvest-
ment Act (Stimulus
Package). Motion by
Jones to receive and
file the documents and
approve the recommen-
dation. Seconded by
Connors. Motion car-
ried 7-0.
Cell Phone Ordinance:
City Attorney submit-
ting a proposed cell
phone ordinance.
The New York Times
article "Driven to
Distraction" submitted
by City Council Mem-
ber David Resnick.
Motion by Voetberg to
receive and file the
documents and to
consider the first read-
ing of the proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 10
Miscellaneous Rules,
by adding a new
Section 9-10-400 Prohib-
iting the Use of Elec-
tronic Communications
Devices While Driving a
Motor Vehicle. Se-
conded by Jones.
Motion carried 7-0.
Fiscal Year 2011
Operating Budget and
Capital Improvement
Program: City Manager
submitting the Fiscal
Year 2011 Operating
Budget and Five Year
Capital Improvement
Program. Motion by
Connors to receive and
file the documents.
Seconded by Braig.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Mayor Buol thanked
he Boy Scout Troop 69
or attending the meet-
ng. Scout Master Tim
Cannon added that
attendance was re-
uired for their Eagle
cout Community Citi-
enship
Lynch expressed
ratitude on behalf of
he City Council to
ssistant Police Chief
erry Tobin for his
ork as Acting Police
Chief.
Jones wished safe
raveling to those
ouncil Members go-
o to Washington DC
ith the Chamber of
ommerce delegation.
There being no
rther business, upon
otion the City Council
djourned at 8:32 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
2/10
{SS:
IL CERTIFICATION OF PUBLICATION
g•
,20 /o .
Notary Public in and for Dubuque County, I
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp, FEB, 1, 2011
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
'PROCEEDINGS
The Dubuque City
Council met in regula
session at 6:30 p.m. on
February 1, 2010 in the
Historic Federal Build-
ing.
Present: Mayor Buol
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Voet-
berg, City Manager
Van Milligen, City
Attorney Lindahl
Mayor Buol 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 pro-
vided by Reverend
Nancy Bickel of the
First Congregational
UCC.
PROCLAMATIONS
Congenital Heart
Defect Awareness
Week (February 7-14,
2010) was accepted by
Jesi Duve, 15818
Humke Road. Scouting
Day (February 7,•2010)
was accepted by Colin
Earl, 10601 Military
Road, and represen-
tatives from the NE
Iowa Council of the
Boys Scouts of
America.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Braig.
Motion carried 7-0..
Minutes and Reports
Submitted: City Coun-
cil of 1/19; Community
Development Advisory
Commission of 1/6;
Housing Commission of
11/24 and 12/4;
Historic Preservation
Commission of 1/14;
Human Rights Com-
mission of 11/9; Park
and Recreation Com-
mission of 1/12
Proof of publication of
City Council Proceed-
ings of January 4, 2010
Substance Abuse Ser-
vices Center Second
Quarter Report
Upon motion the
documents were
received and filed.
Notice of Claims/
Suits: Lester C. Leubka
for property damage.
Upon motion the docu-
ments were received
and 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: Vicky
Fuller for vehicle
damage; Tschiggfrie
Excavating Company
for loss of revenue.
Upon motion the
documents were
received, filed, and
concurred.
Worker's Compen-
sation Claims Adminis-
trative Services: City
Manager recommend-
ing approval of the
Agreement between
the City of Dubuque
and Alternative Ser-
vices Concepts (ASC)
for services related to
the administration 'of
the City's Worker's
Compensation Pro-
gram. Upon motion the
documents were
received, filed, and
approved. •
Bi-Linqual Trail
Signage: City Manager
recommending appro-
val of the recom-
mended designs and
specifications for the
Bi-Lingual Trail Sign -
age Project and
authorization to begin
the informal bidding
process. Upon motion
the documents were
received, filed, and
approved.
LK Development and
Storage, LLC: City Man-
ager recommending
that the request from
Attorney Brian Kane on t
behalf of LK Develop- t
ment and Storage, LLC a
relative to property at
3040 Elm Street be a
referred to the Historic
Preservation Commis- t
sion. Upon motion the C
—existirig srormwate
detention facilities i
the City of Dubuque
Iowa, was adopted.
2009 Sidewalk
Assessment Program
City Manager recom
mending approval o
the final schedule of
assessments for the
2009 Sidewalk Assess-
ment Program. Upon
motion the documents
were received and filed
r and Resolution No. 22-
10 Adopting the final
assessment schedule
for the 2009 Sidewalk
Assessment Program
was adopted.
Quarterly Investment
Report: City Manager
transmitting the
December 31, 2009
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
Acquisition of Pro-
perty at 250 South
Main Street: City
Manager recommend-
ing approval of the
acquisition of property
at 250 South Main
Street and execution of
an .Offer to Buy and
Deferred Payment Plan
Agreement between
the City and the Iowa
Department of Trans-
portation. Upon motion
the documents were
received, filed, and
approved.
40 Main LLC Collateral
Assignment: City Man-
ager recommending
approvai of the
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC. Upon
motion the documents
were received and filed
and Resolution No, 23-
10 Approving a
Collateral Assignment
of Contract between
Premier Bank and 40
Main, LLC, was
adopted.
Dubuque County
H1N1 Subcontract: City
Manager recommend-
ing approval of a
contract with the
Dubuque County
Health Department for
services related to the
H1N1 pandemic
response. Upon motion
the documents were
received, filed, and
approved.
Federal Emergency
Management Agency
(FEMA): City Manager
recommending appro-
val of a proposed
response letter to the
December 30, 2009
Federal Emergency
Management Agency
(FEMA) letter trans-
mitting FEMA's revised
preliminary Digital
Flood Insurance Rate
Map (DFIRM). Upon
motion the documents
were received and
filed.
Petition Iowa Utilities
Board for Amendment
of Rule: City Manager
recommending appro-
val to file a petition
before the Iowa
Utilities Board in an
attempt to restore the.
City's municipal cable
franchise with Media-
corn. Upon motion the
documents were
received, filed, and
approved.
City Council Referral -
Snow Route in East
24th Street Area: City
Manager recommend-
ing approval of a
request that East 24th
Street be added to the
odd/even snow route.
Upon motion the docu-
ments were received,
filed, and the request
approved.
Walkway Project 3
Northeast Iowa Com-
munity College: City
Manager recommend-
ing acceptance of the
Walkway Project
between the Iowa
Street Parking Ramp
and Northeast Iowa
Community College, as
completed by Portzen
Construction, Inc., in
the final contract
amount of $68,027.47. f
Upon motion the docu- f
merits were received
and filed and
Resolution No. 24-10
Accepting the Walk-
way Project between
the Iowa Street
Parking Ramp and t
Northeast Iowa Corn- o
munity College and f
authorizing payment of
he contract amount to
he contractor was E
dopted. w
Digital Flood Insur- D
rice Rate Map N
DFIRM): Communica- p
ion from Senator p
harles regarding the i
Upon motion th
n documents wer
, received and filed.
National League o
Cities: Communicatio
to Mayor Roy Buo
regarding the nex
f steps for the Nationa
League of Citi4
-Disconnected Youth
Economic Recovery
Technical Assistance
Upon motion the
document was
received and filed.
AmeriCorps VISTA:
City Manager recom-
mending approval of a
Memorandum of Agree-
ment with the Iowa
Commission on Volun-
teer Services to place a
full-time AmeriCorps
VISTA position in the
Sustalnability office
from November 2009
through November
2010. 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. 26-
10 Granting the
issuance of a Class "C"
Beer Permit to Hartig
Drug #8, Awn Stop
Mart, Big 10 Mart and
Puff n Snuff; and
Resolution No. 27-10
Granting the• issuance
of a Class "C" Beer/
Liquor License to North -
side Bar, Bootleggers
Pub, The Clubhouse,
Town Clock Inn and
Dubuque Mining Corn-
'pany; a Special Class
"C" Liquor License to
Pusateri's; a Class "E"
Liquor License to Puff n
Snuff; a Class "B" Wine
Permit to Hartig Drug
#8 and Puff n Snuff;
and a Class "B" (WBN)
Native Wine Permit to
Cedar Cross Amoco
and Big 10 Mart were
adopted.
ITEM TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, approve
the Revenue Purpose
Statements, adopt the
resolutions, set the
public hearing as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Voetberg.
Motion carried 7-0.
Electric and Gas
Franchise Fee Reve-
nue: City Manager re-
commending adoption
of resolutions approv-
ing . the Revenue "
Purpose Statements
for the use or expend-
iture, of electric and
gas franchise fee
revenues from the sale
of electricity,and gas
by Alliant Energy,
Black Hills Energy
Corporation and
Maquoketa Valley
Electric Cooperative
within the City of
Dubuque and recom-
mending adoption of
resolutions setting a
public hearing for
February 15, 2010 to
consider ordinances
increasing the fran-
chise fee under the
City's Electric and Gas
Franchises with Alliant
Energy, Black Hills
Energy and Maquoketa
Valley Electric 'Coop-
erative •from two
percent to three
percent. Upon motion
the documents were
received and filed and
Resolution No. 28-10
Approving a Revenue
Purpose Statement for
the use or expenditure
of electric and gas
franchise fee revenues
from the sale of
electricity by Alliant
Energy within the City
of Dubuque; Resolution
No. 29-10 Approving a
Revenue Purpose State-
ment for the use or
expenditure of gas
ranchise fee revenues
rom the sale of gas by
Black Hills Energy
Corporation within the
City of Dubuque;
Resolution No. 30-10
Approving a Revenue
Purpose Statement for
he use or expenditure
f electric franchise t
ee revenues from the
sale of electricity by
Maquoketa Valley v
lectric Cooperative t
ithin the City of u
ubuque; Resolution o
o. 31-10 Setting a D
ublic hearing on a
roposed ordinance
ncreasing the fran- C
e Pego Court. upon ron
e call vote, John Pregle
was appointed to th
f Long Range Plannin
n Advisory Commissio
I for a 3-year term
t through July 2,2012.
I PUBLIC HEARINGS
s Upon motion the rule
were suspended allow
ing anyone present to
. address the City
Council.
Text Amendment - C-5
Central Business Dis
trict Sign Regulations
Proof of publication on
notice of public
hearing to consider a
text amendment to the
Unified Development
Code regarding the
addition of free-
standing identification
signs from 4th Street
to 5th Street along
either side of Main
Street as requested by
Norm Granback, Holi-
day Inn Dubuque, and
Zoning Advisory Com-
mission recommending
approval. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed
ordinance be consi-
dered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Braig. Motion car-
ried 7-0. Norm
Granbeck, 4777 Came-
lot Drive and repre-
• senting the Holiday
Inn, spoke in favor of
the proposed ordi-
nance. Planning .Ser-
vices Manager Laura
Carstens provided a
staff report.
Motion by Braig to
amend the proposed
ordinance limiting the
request to the east
side of Main Street
between 4th and 5th
Streets. Seconded by
Lynch. Motion carried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 4-10 (as amended)
Amending Title 16 of
the City of Dubuque
Code of Ordinances,
Unified Development
Code, by repealing
Section 15-11.10 Sche-
dule of Sign Regula-
tions for the C-5 Cen-
tral Business District
and adopting a new
Section 15-11.10 Sche-
dule of Sign Regula-
tions for the C-5
Central Business Dis-
trict in lieu thereof,
pertaining to .- the
addition of Free-
standing Identification
Signs from 4th to 5th
Streets along the east
side of Main Street.
Seconded by Braig.
Motion carried 7-0.
Water Revenue
Capital Loan Notes:
Proof of publication on
notice of hearing to
consider the issuance
of not to exceed
$1,000,000 Water
Revenue Capital Loan
Notes and City Mana-
ger recommending
approval. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
34-10 Instituting pro-
ceedings to take
additional action for
the authorization of a
Forgivable Loan and
Disbursement Agree-
ment and the issuance
of not to exceed
$1,000,000 Water Reve-
nue Capital Loan
Notes. Seconded by
Voetberg. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Police Chief Appoint-
ment: City Manager
recommending appro-
val of the selection of
Mark Dalsing as the
next Chief of Police for
the City of Dubuque.
Motion by Jones to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 7-0.
Swearing tn of Police
Chief Mark Dalsing.
Greater Dubuque
Development Corpora -
ion: Rick Dickinson,
Executive Director -
Greater Dubuque De-
elopment Corpora -
ion, provided a verbal
pdate on the activities
f the Greater Dubuque s
evelopment Corpor-
ation and Dubuque R
Works. Motion by
onnors to receive and G
- informed the Cit
r Council a hearin
e would not be neces
g sary since settlemen
n agreements had bee
signed. Road Ranger In
House Attorney Kati
Mano and Distric
• Manager Keith Keh
- described new mea
sures . undertaken by
Road Ranger to pre
vent future violations
Motion carried 7-0.
Water Revenue Capi
tal Loan Notes, Series
2010C: City Manager
recommending appro-
val of the fina
proceedings providing
for the issuance of
$8,676,000 Water Reve-
nue Capital Loan
Notes. Motion by Braig
to receive and file the
documents and adopt
Resolution No. 35-10
Authorizing and provid-
ing for the issuance
and securing the
payment of $8,676,000
Water Revenue Capital
Loan Notes, Series
2010C by the City of
Dubuque, Iowa under
the provisions of Chap-
ter 384 of the Code of
Iowa, providing for a
method of payment
thereof, approving loan
and disbursement
agreements and other
related matters.
Seconded by Connors.
Motion carried 7-0.
Water and Sewer
Billing Units: City Man-
ager recommending,
as part of the Water
Meter Change Out
Project, to start billing
of the water and sewer
consumption in gallons
versus the current
cubic feet. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Braig. Motion car-
ried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 5-10 Amending City
of Dubuque Code of
Ordinances Title 13
Public Utilities, Chapter
1 Water Use and
Service, Article C
Rates, Section 13-1C-
1(A) Establishing
Water Rates for Resi-
dential, Commercial,
Industrial and All Other
Uses; and Ordinance
No. 6-10 Amending City
of Dubuque Code of
Ordinances Section 13-
2C-3(B) Establishing
the Schedule of Rates
for Residential and
Commercial Sewer
Users by increasing the
rates; and amending
Section 13-2C-3(C)(7)
Establishing the Mini-
mum Service Charge
by increasing the
minimum service char-
ge. Seconded by Braig.
Motion carried 7-0.
Transit Management -
Request for Proposals:
City Manager recom-
mending approval of
the Request for Pro-
posals (RFP) for Transit
Management services.
Motion by Lynch to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Braig. Voetberg asked
that the last sentence _
of the first paragraph
on Page 5 of the
proposal be stricken.
Motion carried 7-0.
City of Dubuque Park-
ing Ramp: City Mana-
ger recommending
approval of the
proposed design for
the parking ramp to be
located at 10th Street
and Central Avenue.
Historic Preservation
Commission recom-
mending approval of
the design of the City
of Dubuque Parking
Ramp to be located at
10th and Central.
Motion by Connors to
receive and file the
documents and ap-
prove the recommend-
ation. Seconded by
Voetberg. Responding
to questions from the
City Council, Parking
System Supervisor Tim
Horsfield stated that
the design is driven by
budget constraints and -
requires the approval
of the Historic Pre-
ervation Commission.
Motion carried 6-1 with
esnick voting nay.
Dubuque Water Trail
rant Agreement: City
y through the American
g Recovery and Reinvest-
- merit Act (Stimulus
t Package). Motion by
n Jones to receive and
- file the documents and
e approve'the recommen-
ce dation. Seconded by
I Connors. Motion car-
- vied 7-0.
Cell Phone Ordinance:
- City Attorney submit-
. ting a proposed cell
phone ordinance.
- The New York Times
article "Driven to
Distraction" submitted
by City Council Mem-
ber David Resnick.
Motion by Voetberg to
receive and file the
documents and to
' consider the first read-
ing of the proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 10
Miscellaneous Rules,
by adding a new
Section 9-10-400 Prohib-
iting the Use of Elec-
tronic Communications
Devices While Driving a
Motor Vehicle. Se-
conded by Jones.
Motion carried 7-0.
Fiscal Year 2011
Operating Budget and
Capital Improvement
Program: City Manager
submitting the Fiscal
Year 2011 Operating
Budget and Five Year
Capital Improvement
Program. Motion by
Connors to receive and
file the documents.
Seconded by Braig.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Mayor Buol thanked
the Boy Scout Troop 69
for attending the meet-
ing. Scout Master Tim
Cannon added that
attendance was re-
quired for their Eagle
Scout Community Citi-
zenship
Lynch expressed
gratitude on behalf of
the City Council to
Assistant Police Chief
Terry Tobin for his
work as Acting Police
Chief.
Jones wished safe
traveling to those
Council Members go-
ing to Washington DC
with the Chamber of
Commerce delegation.
There being no
further business, upon
motion the City Council
adjourned at 8:32 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
it 2/10 °
MARY K. WESTERMEYER
Commission Number 154885
My Comm. ExpFEB. 1, 2011