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Proof of Publication_City Council Proceedings 2 15 10 Regular and SpecialTHE CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 15, 2010 in the Historic Federal Building. 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 that this was a special meeting of the City Council called for the purpose of discussing the Convention and Visitors Bureau Budget and Work Plan. WORK SESSION Convention and Visi- tors Bureau Director Keith Rahe introduced staff and gave a slide presentation regarding the Bureau's accom- plishments, budget and business plan. Discus- sion from City Council followed. There being no further business, upon motion the City Council adjourned at 6:13 p.m. /s /Jeanne F. Schneider, CMC, City Clerk It 2/24 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 24, 2010, and for which the charge is $8.87. Subscribed to before me, a No Public in and for Dubuque County, Iowa, this �54,3 day , 20 /D . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 Exp FEB. 1, 2011 THE CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 15, 2010 in the Historic Federal Building. 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 that this was a special meeting of the City Council called for the purpose of discussing the Convention and Visitors Bureau Budget and Work Plan. WORK SESSION Convention and Visi- tors Bureau Director Keith Rahe introduced staff and gave a slide presentation regarding the Bureau's accom- plishments, budget and business plan. Discus- sion from City Council followed. There being no further business, upon motion the City Council adjourned at 6:13 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 2/24 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 24, 2010, and for which the charge is $8.87. -Pde Subscribed to before me, a No Public in and for Dubuque County, Iowa, this day�G®Aas�� , 20 Notary Public in and for Dubuque County, Iowa. 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 regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. 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 called for the purpose of discussing such mat- ters which may properly come before Braig. Connors pro- vided an explanation of why the Task Force is hiring Urban Strategies as an outside facili- tator and read a biography of the company into the record. Van Milligen stated that the Task Force will Submit a progress report at the March 1, 2010 City Council meeting. Mo- tion carried 7 -0. Business License Refund: Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was - eceived, filed, and approved. Liquor License Appli- :ations: City Manager 'ecommending appro- ral of annual liquor icense renewals as submitted. Upon mo- a U Lu, Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Com- mission of 2/3; Zoning Board of Adjustment of 1/28 Proofs of publication of City Council Pro- ceedings of January 19, 2010 and List of Claims and Summary of Reve- nues for month ended December 2009 Investment Oversight Commission 67th Quar- terly Report Upon motion the documents were re- ceived and filed. Notice of Claims/ I Ro(u3 'Lnr mamo,E`..,u!Rnt,uu a,, . , .GI tion the documents were received and filed and Resolution No. 50- 10 Granting the issu- ance of a Class "C" Beer Permit to Oky Doky #8; and Reso- lution No. 51 -10 Granting the issuance of a Class "C" Beer/ Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey's, Hammer- heads and Tony's Place; a Class "B" Wine to Oky Doky #8; and a Class "WBN" Native Wine to National Miss- issippi River Museum and 16th Street Auto / Truck Plaza were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct Project and authorizing payment of the con- tract amount to the contractor was adopted. 2009 Intake Recon- struction Project: City Manager recommend- ing acceptance of the 2009 Intake Reconstruc- tion Project as com- pleted by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon mo- tion the documents were received and filed and Resolution No. 40- 10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7 -0. Lease Agreement - Dubuque Bruisers Foot- ball: City Manager recommending that a public hearing be set for March 1, 2010 to consider a lease agree- ment with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52 -10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Upon motion the documents were re- ceived, filed, and approved. Stipulation of Settl- ement - Property Tax Appeal: City Attorney recommending appro- val of the Stipulation of Settlement for the Blue Moon Development Company 2009 pro- perty tax appeal for the Dubuque /Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitali zation Program Applica tions: City Manage I w u 2009 through July 31, 110. Motion by Jones receive and file the U - vveui iesudy;reul 1 Federal Building. nn I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa Utility Relocation Pr ration publisher of the Telegraph Herald,a newspaper of general circulation ject - 9th to 10th Street: corp I , p Ci i tndM an ag r reco - of 1 A ' i published in the City of Dubuque, County of Dubuque and State of Iowa; hereby the public bidding certify that the attached notice was published in said newspaper on the following process for the Utility lar Relocation Project 9th • g dates: February 24, 2010, and for which the charge to 10th Street and that a public hearing be set rig for March 1, 2010, to consider approval of the plans and . speci- TE fications, form of contract and estimated B cost. Upon motion the — documents were re- — ceived and filed and ''o° Resolution No. 53 -10 Preliminary approval of d on plans, specifications, 010r: form of contract, and — estimated cost, setting N '—"" 1 date of public hearing and ordering bids for the Utility Relocation Project - 9th to 10th Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. neeting at which it is o be passed be sus - ended. Seconded by esnick. Motion car- ed 7 -0. Motion by Connors for nal consideration and assage of Ordinance o. 10 -10 Amending itle 9 Motor Vehicles id Traffic, Chapter 14 arking, Division 6 arking Spaces for the isabled, Section 9.14- 21.705 Prohibited Use f Parking Places or ientification Devices f the City of Dubuque ode of Ordinances by dding a new Sub- _ action C Snow Remo - sl requir the owner r , any lot or parcel with accessible park- ing spaces and access isles from allowing 12 STATE OF IOWA {SS: DUBUQUE COUNTY passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 11 -10 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 Prohi- biting the Use of Electronic Communi- cations Devices While Driving a Motor Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by CERTIFICATION OF PUBLICATION v is $214.34. Rip Subscribed t before me, a No ary Public in and for Dubuque County, Iowa, this 4 5 day o , 20 /v Notary Public in and for Dubuque County, Iowa. A'A HY K. WESTERMLEYER Comm z.cion Number 154885 My flc ".m,_Exp, FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahi Mayor Buol read the call and stated this is' a regular session called for the purpose of discussing such mat- ters which ma properly come befor ,.n, ,nnn Braig. Connors hiring Urban Strategies as an outside facili- tator and read a biography of the company into the record. Van •Milligen stated that the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Mo- tion carried 7-0. Refund:Request Business License Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was -eceived, filed, and approved. Liquor License Appli- :ations: City Manager 'ecommending appro- ial of annual liquor icense renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 50- 10 Granting the issu- ance of a Class "C" Beer Permit to Oky Doky #8; and Reso- lution No. 51-10 Granting the issuance of a Class "C" Beer/ Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey's, Hammer- heads and Tony's Place; a Class "B" Wine to Oky Doky #8; and a Class .WBN" Native Wine to National Miss- issippi River Museum and 16th Street Auto / Truck Plaza were adopted. ITEMS TO BE SET FOR PUBLIC HEARING andfile Motion by Lynch to receivethe documents, adopt the resolutions, set the public hearings as at ndicated, and direct 1, Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Com- mission of 2/3; Zoning Board of Adjustment of 1/28 Proofs of publication of City Council Pro- ceedings of January 19, 2010 and List of Claims and Summary of Reve- nues for month ended December 2009 Investment Oversight Commission 67th Quar- terly Report Upon motion the documents were re- ceived and filed. Notice of Claims/ Project and authorizing payment of the con- tract amount to the contractor was adopted. 2009 Ihtake Recon- struction Project: City Manager recommend- ing acceptance of the 2009 Intake Reconstruc- tion Project as com- pleted by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon mo- tion the documents were received and filed and Resolution No. 40- 10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the 2010 FORD FUSION SPORT Sunroof, Sony sound system, 3.5L, V6, X00064 MSRP $27,740 -Factory Rebate $2,000 -Finnin Discount $1,307 -Trade Assistance $1,000* SALO Or $1,000 in Factory Rebates 60b101N 31 Amigo ejo64100, i Ro(u] ID61,MA1PPAI notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Lease Agreement - Dubuque Bruisers Foot- ball: City Manager recommending that a forblic Mach hearing be set consider a lease agree- ment with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque a Bruisers Football was t adopted setting a P public hearing for a S meeting to commence s 6:30 p.m. on Ma 2010 in the Historic c Upon motion the documents were re- ceived, filed, and approved. Stipulation of Settl- ement - Property Tax Appeal: City Attorney recommending appro- val of the Stipulation of Settlement for the Blue Moon Development Company 2009 pro- perty tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitali- zation Program Applica- tions: City Manager 2009 through July 31, w ?10. Motion by Jones in receive and file the Is )cuments and ap- ac •ove the recommen- or ttion. Seconded by Se aig. Resnick request- M I that the program be considered as a way Su solve child obesity Fo lated to the "Let's ove" program by Lying children walk to hool. Council Mem- trs stated that while ley agreed with Mr. usnick's idea, the -ee Ride Program had 'any other benefits to onsider. Motion car pie ed 6-1,with Resnick the oting nay. For Accessible Parking Co now Removal: City file tanager recommend- ap ig approval of an me mendment to the by :ity's Accessible Park- - tha ig Ordinance which of om- to 10th Street and t a public hearing be for March 1, 2010, consider approval the plans and . spe fications, form contract and estimat Upon motion t documents were ceived and filed an Resolution No. 53-1 Preliminary approval plans, specification form of contract, a estimated cost, setti date of public heari nd ordering bids f he Utility Relocatio roject - 9th to 10th treet was adopted etting a public hear- rch mg for a meeting to ommence at 6:30 p.m. neeting at which it is o be passed be sus - ended. Seconded by esnick. Motion car- ed 7-0. Motion by Connors for nal consideration and assage of Ordinance o. 10-10 Amending itle 9 Motor Vehicles Id Traffic, Chapter 14 arking, Division 6 arking Spaces for the isabled, Section 9-14- 21.705 .Prohibited Use Parking Places or ientification Devices f the City of Dubuque ode of Ordinances by dding a new Sub- ?ction C Snow Remo - requiring the owner r any lqt or parcel ith accessible park- g spaces and access les from allowing cumulations of snow° ice thereon. conded by Resnick. otion carried 7-0. Final Report of the stainability Task rce: City Manager nsmitting the final port on the activity the Sustainability k Force and recom- nding adoption of buque's Sustaina- ity Vision, Three- rt Model, and eleven stainability Princi- s as developed by Sustainability Task rce. Motion by nnors to receive and the documents and prove the recom- ndation. Seconded Braig. Mayor Buol nked the members the Task Force for et: corporation, publisher of the Telegraph Herald,a n 1, ,,.lishe ,n the City of Dubuque, �--L------ County —f Dubuque --�--- ---- - - , State of Iowa; hereby tra re of Tas me Du bil Pa Su STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION vv�ui'esuuly,—eta L the City Clerk to Federal Building. nni, Suzanne Pike, a B publish Utility Relocation ject - 9th to 10th Str City Manager rec mending initiation the public bidd process for the Uti Relocation Project - of Alp, ity ;or certify that the attached notice was published in said newspaper on 9t dates: February 24, 2010, and for which the charge is $214.34. set 9g to of Ci- TE of ted is rorc he -- r d ;sed 0 ing c Of don s, 01or, n9 _mt ng or� n 12 filling Clerk for Woodward Communications, Inc., an Iowa ewspaper of general circulation 3 )624 the following Subscribed t before me, a I ary Public in and for Dubuque County, Iowa, this 5z day o f 'Aq , 20 passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 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 Prohi- biting the Use of Electronic Communi cations Devices While Driving a Motor. Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City's ordinance might be a waste of time. Responding to ques-. tions from City Council, Van Milligen stated hands -free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regard- ing Collective Bargain - inn ctratunv n, ire, inn} Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 y_.cQmm,. Exp. FEB, 1, 2011. on March 1, 2010 in the Historic' Federal Build- ing. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the docu- ments were received and filed and Reso- lution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55- 10 Setting the date for the public hearing on the Five- Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Commission: Community Develop- ment Advisory Commis- sion. Three 3-year terms through Febru- ary 15, 2013 (Low/Mo- derate Income Term of Caldwell and At -Large Term of Maloy). Appli- cants: Theresa Cald- well, 1633 Elm Street (Low/Moderate Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At - Large). Motion by Braig to appoint Teresa Caldwell and Paula Maloy, to the Com- munity Development Advisory Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the Low/Mo- derate Income Area and Ms. Maloy to serve At -Large. Seconded by Connors. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - Historic Millwork Dis- trict: Proof of publi- cation on notice of public hearing to consider a request from the City of Dubuque to rezone property located south of 12th Street, east of White Street and west t of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial Dis- trict to PUD Planned t Unit Development Dis- trict with a PC Planned Commercial designa- tion for the Historic Millwork District PUD and Zoning Advisory Commission recom- mending approval. City Manager recom- mending that the Historic Millwork Dis- trict PUD ordinance be referred back to the Zoning Advisory Com- mission to consider an amendment to the PUD in response to con- cerns expressed by some property owners. Motion by Connors to refer back to the Zoning Advisory Com- mission a proposed ordinance Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances, by reclassifying herein- after described pro- perty located south of 12th Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial Dis- trict to PUD 'Planned Unit Development Dis- trict with a PC Planned Commercial designa- tion for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Ordi- nances: Proof of publication on notice of public hearing to ` consider ordinances CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. 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 called for the purpose of discussing such mat- ters which may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Mayor Roy D. Buol PROCLAMATION League of Women Voters 90th Anniver- sary Week (February 15 - 20, 2010) was accepted by League President Ann Michal- ski, 1520 Altura Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Connors requested (#20) Safe Community Task Force Facilitator be held for separate discussion. Motion car- ried 7-0. Minutes and Reports Submitted: 'Cable TV Teleprogramming Commission of 1/5; City Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Com- mission of 2/3; Zoning E Board of Adjustment of 1/28 Proofs of publication of City Council Pro- ceedings of January 19, r 2010 and List of Claims c and Summary of Reve- nues for month ended pDecember 2009 Investment Oversight ° Commission 67th Quar- C terly Report Upon motion the �" documents were re- b( ceived and filed. Notice of Claims/ h....o„vy It./1 b for _ Z final consideration and a passage of Ordinance th No. 7-10 Increasing the R franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and as- signs, generated from the sale of electricity within the. City of Dubuque to three percent (3%); Ordi- nance No. 8-10 In- creasing the franchise fee of two percent (2%) of the gross revenue of Black Hills Energy Corporation, its successors and as- signs, generated from the sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10 Increasing the fran- chise fee of two percent (2%) of the gross revenue of Maquoketa Valley Ener- gy Cooperative, its successors and as- signs, generated from the sale of electricity within the City of • Dubuque to three per- cent (3%). Seconded by Braig. Budget Direc- tor Jenny Larson' gave a slide presentation on the history of the franchise fee. Motion carried 7-0. Upon motion the rules were reinstated limit - contractor was adopted. North Fork Catfish Creek -Project - Acceptance of Ease- ments: City Manager recommending appro- val of the acceptance of easements in connection with the North Fork Catfish Creek Project. Upon motion the documents were received and filed and Resolution No. 41- 10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa - Car -Ann -Jo LLC; Reso- lution No. 42-10 Accept- ing a Grant of Ease- ment for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa - Dubuque Community Church; Resolution No. 43-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa - Yian- nias Place; Resolution No. 44-10 Accepting a Grant of Easement for sanitary sewer for North Fork ' Catfish Creek in the City of Dubuque, Iowa - Avenarius; Resolution No. 45-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa - Mattroy, LLC; and Resolution No. 46-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa - Seichert Place were adopted. South Siegert Farm Lease Extension: City Manager recommend- ing approval- of an amendment of the farm lease with Will- iam and Janet Siegert for the North Siegert Farm to provide for a one-year lease exten- sion. Upon motion the documents were re- ceived and filed and Resolution No. 47-10 Approving an amend- ment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert was adopted. Amendment to Lease Agreement - Dubuque by Carriage: City Man- ager recommending approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage" to extend the original lease of the former Dock Board building until April 30, 2012. Upon motion the documents were re- ceived, filed, and approved. Stipulation of Settl- ement - Property Tax Appeal: City Attorney recommending appro- val of the Stipulation of Settlement for the Blue Moon Development Company 2009 pro- perty tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitali- zation Program Abplica- tions: City Manager 1, 2009 through July 31, 2010. Motion by Jones to receive and file the documents and ap- tnat the project is pr compliant with the da Zoning Code. City Br Council recommended ed the neighbors try re mediation with the to developers. Motion car- rel reed 7-0. M Dewane Lattner, 854 ha Cleveland Avenue, sub- sc mitted correspondence be related to the Oak th Street multi -family Re housing project. The Fre documents were made ma a Matter of Record. co Preliminary Plat - rie Felderman Subdivision: vo Zoning Advisory Com- mission recommending Sn approval of the pre- Ma liminary plat of Felder- ing man Subdivision lo- am cated on the Northwest Cit Arterial / Arboretum ing Drive. Motion by Con- ma nors to receive and file ers the documents and ap- ow prove the recommenda- . res tion. Seconded by rem Braig. Motion carried 7-0. acc Downtown Housing sp Incentive Awards: City aisl Manager recommend- sto ing approval of four ces projects to. receive ces certain incentives to Con create ` new housing file units within the Great- tha er Downtown Urban tha Renewal District and nan authorization to nego- and tiate specific contracts. pas Suits: Schwan's Home Service, Inc., for vehicle damage; Doro- thy L. Lester for per- sonal injury. 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: Schwan's Homes Ser- vice, Inc., for vehicle damage; Dorothy L. Lester for personal injury and Lester Leubka for personal injury. Upon motion the documents were re- ceived, filed, . and concurred. Salt Dome Conveyor Project: City Manager recommending accept- ance of the Salt Dome Conveyor Project as completed by Conlon Construction in the final contract amount of $155,805. Upon motion the documents were received and filed and Resolution No. 36- 10 Accepting the Salt Dome Conveyor Project and authorizing pay- ment of the contract amount to the con- tractor was adopted. Montcrest Street Sanitary Sewer Exten- sion Project: City Mana- ger recommending acceptance of the Montcrest Street Sani- tary Sewer Extension Project as completed by McDermott Exca- vating in the final contract amount of $66,822.14, and appro- val of the final schedule of assess- ments. Upon motion the documents were received and filed and Resolution No. 37-10 Accepting the Mont - crest Street Sanitary Sewer Extension Pro- ject and authorizing payment of the contract amount to the contractor and Reso- lution No. 38-10 Adopting the final sche- dule of assessments for the Montcrest Street Sanitary Sewer Extension Project were adopted. 2009 Manhole Replace- ment Project: City Man- ager recommending acceptance of the 2009 Manhole Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $65,472.92. Upon motion the documents were re- ceived and filed and Resolution No. 39-10 Accepting the 2009 Manhole Replacement Project and authorizing payment of the con- tract amount to the contractor was adopted. 2009 Intake Recon- struction Project: City Manager recommend- ing acceptance of the 2009 Intake Reconstruc- tion Project as com- pleted by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon mo- tion the documents were received and filed and Resolution No. 40- 10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the omng restory or the rea confirming that e site is zoned R-2 esidential and stated ove the recommen- tion. Seconded by aig. Resnick request - that the program be considered as a way solve child obesity ated to the "Let's ove" program by ving children walk to hool. Council Mem- rs stated that while ey agreed with Mr. snick's idea, the e Ride Program had ny other benefits to nsider. Motion car- d 6-1_with Resnick ting nay. Accessible Parking ow Removal: City nager recommend - approval of an endment to the y's Accessible Park - Ordinance which kes property own- , or the property ner's designee, ponsible for the oval of snow from essible parking aces and access es and prohibits ring snow on ac- sible spots and ac- t s aisles. Motion by nors to receive and o the documents and J t the require-ment f t a proposed ordi- ce be considered t voted on for n sage at two Council a mi.IN YY CLIII :JlAuy recommending appro- val of 2009 Urban Revitalization Program applications for resi- dential property tax exemptions. Upon mo- tion the documents were received and filed and Resolution No. 48- 10 Approving residen- tial property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Black Hills Energy - Contract for Water Meter Reading: City Manager recommend- ing approval of a revised contract with Black Hills Energy to extend the contract for water meter reading through December 2011 for completion of neetings prior to the fleeting at which it is o be passed be sus - ended. Seconded by esnick. Motion car- ed 7-0. Motion by Connors for nal consideration and assage of Ordinance o. 10-10 Amending itle 9 Motor Vehicles nd Traffic, Chapter 14 arking, Division 6 arking Spaces for the isabled, Section 9-14- 21.705 .Prohibited Use Parking Places or ientification Devices f the City of Dubuque ode of Ordinances by dding a new Sub- nction C Snow Remo- 11 requiring the owner f any lqt or parcel with accessible park- ing spaces and access Isles from allowing accumulations of snow ice thereon. Seconded by Resnick. Motion carried 7-0. Final Report of the Sustainability Task Force: City Manager transmitting the final report on the activity of the Sustainability Task Force and 'recom- mending adoption of Dubuque's Sustaina- bility Vision, Three - Part Model, and eleven Sustainability Princi- ples as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Mayor Buol thanked the members of the Task Force for their contributions. Cell Phone Ordinance (First Reading on Feb- ruary 1, 2010): Com- munications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submitting peti- ion) regarding the proposed cell phone rdinance. Motion by ones to receive and ile the documents and that the requirement hat a proposed ordi- ance be considered nd voted on for STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATIC the water meter replacement project. Upon motion the docu- ments were received, filed, and approved. 418 / 420 Emmett Street - Lot Split: Zon- ing Advisory Commis- siorl recommending approval of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the docu- ments were received and filed and Reso- lution No. 49-10 Ap- proving a plat of survey of Wedig Place in the City of Dubuque, Iowa, was adopted. Legislative Correspon- dence: Communication to State Legislators providing a position statement on House Study Bill 573 relating to flood plain manage- ment. Communication to State Legislators in passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 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 Prohi- biting the Use of Electronic Communi- cations Devices While Driving a Motor. Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City's ordinance might be a waste of time. Responding to ques- tions from City Council, Van Milligen stated hands -free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regard- ing Collective Bargain- ing Strategy pursuant to Chapter 20.17(3) Code of Iowa. Second- ed by Braig. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 2/24 opposition to House Study Bill 608 con- cerning 500 year flood plain regulation. Upon motion the docu- ments were received and filed. 2009 National Park Service Annual 'Pro- ducts Report: City Manager transmitting the 2009 National Park Service Annual Pro- ducts Report and Base- line Questionnaire. Upon motion the docu- ments were received and filed. HOME Partnership Program: Communica- tion from the Iowa Department of Econo- mic Development advis- ing that the City of Dubuque's HOME Partnership Program has been administered in substantial compli- ance with finance and program requirements. Upon motion the docu- ment was received and filed. Iowa Department of Economic Develop- ment: Communication from the Iowa Depart- ment of Economic Development advising that the Vision Iowa Board intends to award the City' of Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to -promote the Art Market. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recom- mending approval of a request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment and Facilities for a non- linear editing system to replace the original non -linear editing system that is no U longer video powerf meet editing motion were and apl 2009 Govern Annual Manage the 200 Govern nual motion were filed. Safe Force I Managf ing al contrac Strateg facilital Commu Motion receive docume prove 1 dation. Notary Public in and for MARY K. WESTER Commission Number y. Orin. Exp. FEB on March 1, 2010 in the Historic Federal Build- ing. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the docu- ments were received and filed and Reso- lution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55- 10 Setting the date for. the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Commission: Community Develop- ment Advisory Commis- sion. Three 3-year terms through Febru- ary 15, 2013 (Low/Mo- derate Income Term of Caldwell and At -Large Term of Maloy). Appli- cants: Theresa Cald- well, 1633 Elm Street (Low/Moderate were suspended to i allow anyone present to address the City Council. F Request to Rezone - E Historic Millwork Dis- E trict: Proof of publi- cation on notice of e public hearing to c consider a request a from the City of c CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. 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 called for the purpose of discussing such mat- ters which may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Mayor Roy D. Buol Accepting the Mont - PROCLAMATION crest Street Sanitary League of Women Sewer Extension Pro - Voters 90th Anniver- ject and authorizing sary Week (February payment of the 15 - 20, 2010) was contract amount to the accepted by League contractor and Reso- President Ann Michal- lution No. 38-10 ski, 1520 Altura Street. Adopting the final sche- CONSENT ITEMS dule of assessments Motion by Lynch to for the Montcrest receive and file the Street Sanitary Sewer documents, adopt the Extension Project were resolutions, and dis- adopted. pose of as indicated. 2009 Manhole Replace - Seconded by Voetberg. ment Project: City Man - Connors requested agar recommending (#20) Safe Community acceptance of the 2009 Task Force Facilitator Manhole Replacement Agreement - Dubuque be held for separate Project as completed by Carriage: City Man - discussion. Motion car- by Drew Cook & Sons ager recommending vied 7-0. Excavating Co., Inc., in approval of the Eighth Minutes and Reports the final contract Amendment to the Submitted: 'Cable TV amount of $65,472.92. lease agreement with T e l e p r o g ramming Upon motion the Carole Lindstrom of Commission of 1/5; documents were re- "Dubuque by Carriage" City Conference Board ceived and filed and to extend the original of 3/11/09 and 1/14/10; Resolution No. 39-10 lease of the former City Council of 2/1, 2/8 Accepting the 2009 Dock Board building and 2/10; Investment Manhole Replacement until April 30, 2012. Oversight Advisory Project and authorizing Upon motion the Commission of 2/4; payment of the con- documents were re - Library Board of tract amount to the ceived, filed, and Trustees of 12/17; contractor was adopted. approved. esnick. Motion car - Plumbing Board of 2/4; 2009 Intake Recon- Stipulation of Settl- ed 7-0. Zoning Advisory Corn- struction Project: City ement - Property Tax Motion by Connors for mission of 2/3; Zoning Manager recommend- Appeal: City Attorney flat consideration and Board of Adjustment of ing acceptance of the recommending appro assage of Ordinance 1/28 2009 Intake Reconstruc- val of the Stipulation of o 10 10 Amending Proofs of publication tion Project as corn- Settlement for the Blue itle 9 Motor Vehicles Conveyor Protect as Grant -or-tasemern Tor— completed by Conlon sanitary sewer for Construction in the North Fork Catfish final contract amount Creek in the City of of $155,805. Upon Dubuque, Iowa - Yian- motion the documents nias Place; Resolution were received and filed No. 44-10 Accepting a and Resolution No. 36- Grant of Easement for 10 Accepting the Salt sanitary sewer for Dome Conveyor Project North Fork • Catfish and authorizing pay- Creek in the City of ment of the contract Dubuque, Iowa - amount to the con- Avenarius; Resolution tractor was adopted. No. 45-10 Accepting a Montcrest Street Grant of Easement for Sanitary Sewer Exten- sanitary sewer, storm sion Project: City Mana- sewer and walking trail ger recommending for North Fork Catfish acceptance of the Creek in the City of Montcrest Street Sani- Dubuque, LIowa and tary Sewer Extension Mattroy, Project as completed Resolution No. 46-10 by McDermott Exca- Accepting a Grant of vating in the final Easement for sanitary contract amount of sewer for North Fork $6sh Creek in the val of the and the apfinal CtylofDubuque, Iowa - schedule of assess- Selchert Place were ments. Upon motion adopted. the documents were South Siegert Farm received and filed and Lease Extension: City Resolution No. 37-10 Manager recommend- ing - approval of an amendment of the farm lease with Will- iam and Janet Siegert for the North Siegert Farm to provide for a one-year lease exten- sion. Upon motion the documents were re- ceived and filed and Resolution No. 47-10 Approving an amend- ment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert was adopted. Amendment to Lease Dubuque to rezone of City Council Pro- pleted by Drew Cook & Moon Deve opmen. nd Traffic, Chapter 14 property located south r ceedings of January 19, Sons Excavating Co., Company 2009 pro arking, Division 6 of 12th Street, east of d 2010 and List of Claims Inc., in the final perty tax appeal for arking Spaces for the White Street and west tl and Summary of Reve- contract amount of the Dubuque/Galena isabled, Section 9-14 of Highway 61/151 p flues for month ended $90,906.45. Upon mo- Holiday Inn Hotel 21.705.Prohibited Use from C 4 Downtown c December 2009 tion the documents located at 450 Main f Parking Places or Commercial and HI o Investment Oversight were received and filed Street. Upon motion lentification Devices Industrial Dis- C Commission 67th Quar- and Resooluti n No. 40- the documents were f the City of Dubuque Heavytrict to PUD Planned tc terly Report 10 Acce tin the 2009 received, filed, and ode of Ordinances by Unit Development Dis-w Upon motion the Intake Reconstruction approved. dding a new Sub documents were re- Project and authdrizing 2009 Urban Revitali ,ction C Snow Remo trict with a PC Planned bi ceived and filed. payment of the zationProgramApplica �I requiring the owner Commercial designs cc Notice of Claims/ contract amount to the tions: City Manager tion for the Historic M , ,...., - ,...y...,,. .,r any lqt or parcel STATE OF IOWA DUBUQUE COUNTY .m ono, Ian VYQLAI IV., CA,, recommending appro- val of 2009 Urban Revitalization Program applications for resi- dential property tax exemptions. Upon mo- tion the documents were received and filed and Resolution No. 48- 10 Approving residen- tial property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Black Hills Energy - Contract for Water Meter Reading: City Manager recommend- ing approval of a revised contract with Black Hills Energy to extend the contract for water meter reading through December 2011 for completion of neetings prior to the fleeting at which it is o be passed be sus - ended. Seconded by Millwork District PUD N.v..L.,. Loy vni WlJ l ton and Zoning Advisory final consideration and Commission recom- passage of Ordinance mending approval: No. 7-10 Increasing the City Manager recom- franchise fee of two mending that the percent (2%) of the Historic Millwork Dis- gross revenue of trict PUD ordinance be Alliant Energy, its referred back to the successors and as- Zoning Advisory Com- signs, generated from mission to consider an the sale of electricity amendment to the PUD within the City of in response to con- Dubuque to three cerns expressed by percent (3%); Ordi- some property owners. nance No. 8-10 In - Motion by Connors to creasing the franchise refer back to the fee of two percent Zoning Advisory Corn- (2%) of the gross mission a proposed revenue of Black Hills ordinance Amending Energy Corporation, its Title 16, the Unified successors and as - Development Code of signs, generated from the City of Dubuque the sale of natural gas Code of Ordinances, by within the City of reclassifying herein- Dubuque to three after described pro- percent (3%); and perry located south of Ordinance No. 9-10 no.N ca.....F .,.,r ..f I nrro4he ran - zoning nistory or the area confirming that the site is zoned R-2 Residential and stated that the project is compliant with the Zoning Code. City Council recommended the neighbors try mediation with the developers. Motion car- ried 7-0. Dewane Lattner, 854 Cleveland Avenue, sub- mitted correspondence related to the Oak Street multi -family housing project. The documents were made a Matter of Record. Preliminary Plat - Felderman Subdivision: Zoning Advisory Com- mission recommending approval of the pre- liminary plat of Felder- man Subdivision lo- cated on the Northwest 1, 2009 through July 31, with accessible park- 2010. Motion by Jones ing spaces and access to receive and file the Isles from allowing documents and ap- accumulations of snow° prove the recommen- or ice thereon. dation. Seconded by Seconded by Resnick. Braig. Resnick request- Motion carried 7-0. ed that the program be Final Report of the reconsidered as a way Sustainability Task to solve child obesity Force: City Manager related to the "Let's transmitting the final Move" program by report on the activity having children walk to of the Sustainability school. Council Mem- bers stated that while they agreed with Mr. Resnick's idea, the Free Ride Program had many other benefits to consider. Motion car- ried 6-1 _with Resnick voting nay. Accessible Parking Snow Removal: City Manager recommend- ing approval of an amendment to the Citv's Accessible Park - Task Force and recom- mending adoption of Dubuque's Sustaina- bility Vision, Three - Part Model, and eleven Sustainability Princi- ples as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Mayor Buol thanked the members {SS: CERTIFICATION OF PUBLICATION w, y - --- the water meter replacement project. Upon motion the docu- ments were received, filed, and approved. 418 / 420 Emmett Street - Lot Split: Zon- ing Advisory Commis- sion - recommending approval of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the docu- ments were received and filed and Reso- lution No. 49-10 Ap- proving a plat of survey of Wedig Place in the City of Dubuque, Iowa, was adopted. Legislative Correspon- dence: Communication to State Legislators providing a position statement on House Study Bill 573 relating to flood plain manage- ment. Communication to State Legislators in passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 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 Prohi- biting the Use of Electronic Communi- cations Devices While Driving a Motor. Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City's ordinance might be a waste of time. Responding to ques- tions from City Council, Van Milligen stated hands -free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regard- ing Collective Bargain - opposition to House Study Bill 608 con- cerning 500 year flood plain regulation. Upon motion the docu- ments were received and filed. 2009 National Park Service Annual 'Pro- ducts Report: City Manager transmitting the 2009 National Park Service Annual Pro- ducts Report and Base- line Questionnaire. Upon motion the docu- ments were received and filed. HOME Partnership Program: Communica- tion from the Iowa Department of Econo- mic Development advis- ing that the City of Dubuque's HOME Partnership Program has been administered in substantial compli- ance with finance and program requirements. Upon motion the docu- ment was received and filed. Iowa Department of Economic Develop- ment Communication from the Iowa Depart- ment of Economic Development advising that the Vision Iowa Board intends to award the City' of Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to•promote the Art Market. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recom- mending approval of a request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment and Facilities for a non- linear editing system to replace the original non -linear editing system that is no J longer able to digitize video and is not powerful enough to meet our current editing needs. Upon motion the documents were received, filed, and approved. 2009 Certified Local Government (CLG) Annual Report: City Manager submitting the 2009 Certified Local Government (CLG) An- nual Report. Upon motion the documents were received and filed. Safe Community Task Force Facilitator: City Manager recommend- ing approval of a contract with Urban Strategies, Inc. to facilitate the Safe Community Task Force. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Connors pro- vided an explanation of why the Task Force is hiring Urban Strategies as an outside facili- tator and read a biography of the company into the record. Van Milligen stated that the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Mo- tion carried 7-0. Business License §efund: Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon mo- Notary Public in and for Dubuque County, Iowa. rF ; MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp, FEB. L2011 tion the documents were received and filed and Resolution No. 50- 10 Granting the issu- ance of a Class "C" Beer Permit to Oky Doky #8; and Reso- lution No. 51-10 Granting the issuance of a Class "C" Beer/ Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey's, Hammer- heads and Tony's Place; a Class "B" Wine to Oky Doky #8; and a Class ':WBN" Native Wine to National Miss- issippi River Museum and 16th Street Auto / Truck Plaza were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Lease Agreement - Dubuque Bruisers Foot- ball: City Manager recommending that a public hearing be set for March 1, 2010 to consider a lease agree- ment with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. Utility Relocation Pro- ject - 9th to 10th Street: City Manager recom- mending initiation of the public bidding process for the Utility Relocation Project - 9th to 10th Street and that a public hearing be set for March 1, 2010, to consider approval of the plans and . speci- fications, form of contract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 53-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Utility Relocation Project - 9th to 10th Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Build- ing. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the docu- ments were received and filed and Reso- lution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55- 10 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Commission: Community Develop- ment Advisory Commis- sion. Three 3-year terms through Febru- ary 15, 2013 (Low/Mo- derate Income Term of Caldwell and At -Large Term of Maloy). Appli- cants: Theresa Cald- well, 1633 Elm Street (Low/Moderate Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At - Large). Motion by Braig to appoint Teresa Caldwell and Paula Maloy, to the Com- munity Development Advisory Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the Low/Mo- derate Income Area and Ms. Maloy to serve At -Large. Seconded by Connors. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - Historic Millwork Dis- trict: Proof of publi- cation on notice of public hearing to consider a request from the City of Dubuque to rezone property located south of 12th Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial Dis- trict to PUD Planned Unit Development Dis- trict with a PC Planned Commercial designa- tion for the Historic Millwork District PUD and Zoning Advisory Commission recom- mending approval.° City Manager recom- mending that the Historic Millwork Dis- trict PUD ordinance be referred back to the Zoning Advisory Com- mission to consider an amendment to the PUD in response to con- cerns expressed by some property owners. Motion by Connors to refer back to the Zoning Advisory Com- mission a proposed ordinance Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances, by reclassifying herein- after described pro- perty located south of 12th Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial Dis- trict to PUD 'Planned Unit Development Dis- trict with a PC Planned Commercial designa- tion for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Ordi- nances: Proof of publication on notice of public hearing to consider ordinances CITY OF DUBUQUEWA , IO CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m' on February 15, 2010 in the Historic Federal Building. 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 called for tl— 'Cnnse of discus Braig. Connors tors vided an explanation pro grope Why the Task Force is the Cdiahsrinag Urban Strategies PleIndtator n outside facili- videcbiography d of ad a the Buol company into the Pstated ,Milligen Van 3 Force that the Task Progress will submit a March report the Council meetin _ City ()Rion carried 7-0, g Mo- Business License lack Refund: Request of �� fund Thompson for a licen of the cigarette yV �1 se Dokyfor Okyi /►850. in the amount a he document motion T he doed, ment was a !approved. filed' and 1T ,aLgquor License Appli- ns: City Manager Cea' commending apprrrece rceseen a annual liquor d nse ed e U wals resol Publi ,ubmitUpon mo- dads an Tr 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 per- cent to three percent and City Manager re- commending approval. 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. Se- conded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 7-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and as- signs, generated from the sale of electricity within the. City of Dubuque to three percent (3%); Ordi- nance No. 8-10 In- creasing the franchise fee of two percent (2%) of the gross revenue of Black Hills Energy Corporation, its successors and as- signs, generated from the sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10 Increasing the fran- chise fee of two percent (2%) of the gross revenue of Maquoketa Valley Ener- gy Cooperative, its successors and as- signs, generated from the sale of electricity within the City of Dubuque to three per- cent (3%). Seconded by Braig. Budget Direc- tor Jenny Larson gave a slide presentation on the historyof the franchise fee. Motion carried 7-0. Upon motion the rules were reinstated limit- - tion the doe f were rece ved an and Resolution N 10 Granting the ance of a Class • Beer Permit to Doky #8; and lution No. Granting the iss Of a Class 'C�, Liquor License to Rogers Pub, Ea Club, Bulldog Billia Gin Rickey's Ham heads and To Place; a Class "g, or to•Oky Doky #8; an Class 3WBN., Nati ine to National Mi ssippi River Museu 16th Street Plaza Auto dopted. we EMS TO BE SET FOR PUBLIC NEARING Mive otoo and Lync'to um file the onto, adopt the utions, set the c hearings as Rated, and direct Hamm Ton ing discussion to the City Council. ACTION ITEMS Request to Address the City Council: Re- quest of Cindy Kuhl- mann, 1137 Oak Street, to address the City Council in opposition to the construction• of multi -family. housing on Oak Street. Motion by Lynch to receive and file the infor- mation. Seconded by Braig. Ms. Kuhlmann spoke on behalf of the Oak Street area resi- dents and cited safety, increased traffic, and bluff erosion as major issues. Planning Ser- vices Manager Laura Carstens provided a zoning history of the area confirming that the site is zoned R-2 Residential and stated that the project is compliant with the Zoning Code. City Council recommended the neighbors try mediation . with the developers. Motion car- ried 7-0. Dewane Lattner, 854 Cleveland Avenue, sub- mitted correspondence related to the Oak Street multi -family housing project. The documents were made a Matter of Record. Preliminary Plat - Felderman Subdivision: Zoning Advisory Com- mission recommending approval of the pre- liminary plat of Felder- man Subdivision lo- cated on the Northwest Arterial /-Arboretum Drive. Motion by Con- nors to receive and file the documents and ap- provethe recommenda- tion. Seconded by Braig. Motion carried 7-0. Downtown Housing Incentive Awards: City Manager recommend- ing approval of four projects to• receive certain incentives to create " new housing units within the Great- er Downtown Urban Renewal District and authorization to nego- tiate specific contracts. , 4,4�1 ,It., , ICI CAW - Uments the w`=cu!!CJua dfiled City Clerk y' re o. SU- Publish notice s Federal Buildin issu- prescribed by law Utility Reloca on Pro Suzanne Pike, a Billing Clerk for Woodward Commun „y„ Seconded by Vdetber , lect - 9th to loth Street: irporation, publisher of the Telegraph Herald,a newspal Red/ M Leaseariiree 0 g mending h aring Manager recom- 5110 Dubuq City.Agr Bruisers Foot- theessu public s iblished in the City of Dubuque, County of Dubuque ar gles ball:bUti in of uance recommendingManager Relocation Projectbe Utility rtify that the attached notice was published in said new Beer/ public hearinbe a Mr. 2010 set a nsiderStreet that ates: February 24, 2010, and for which the charge is $2l Mr. consider able heard FE rds, lease agree- t0 for March 1, 201p to r ment with Dubuque consider approval Bruisers Football Undue of section of the Plans and . s ine Roosevelt conficatact form peed- q d Park. Upon motion the contract and the a documents cost. U estimated ,$ ve received and were documents motion m Resolution filed and meats were m Resolution No. 52-10 Resold and and _ / of intent to ResolutionNo.filed dispose of an inter Preliminary 53-10 ne re in real f an it est urinary approvals, do lease agree form specifications, Dominick agreement by for of contract, and au do Owner, Locascio, da a ofed cost, setting N`un Bruisers Football was public hearing '— Bruise adopted the ordering bids for public setting a Utility Relocation _ hearing for a Street Project - 9th do 10th 12 meeting to commence at 201060 p.m on setting a as adopted 1, in the March ing for public hear - at commence meeting to at 6:30 p.m. Motion by Connors to receive and file the documents and adopt Resolution No. 56-10 Approving certain awards from the Downtown Housing In- centive Pool to create new market -rate hous- ing units within the Greater Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0. Free Ride Program with Dubuque Com- munity School District: City Manager recom- mending approval to renew the Free Ride Program with the Dubuque Community School District for the school year of August 1, 2009 through July 31, 2010. Motion by Jones to receive and file'the documents and ap- prove the recommen- dation. Seconded by Braig. Resnick request ed that the program be reconsidered as a way to solve child obesity related to the "Let's Move" program by having children walk to school. Council Mem- bers stated that while they agreed with Mr. Resnick's idea, the Free Ride Program had many other benefits to consider. Motion car rigid 6-1,with Resnick voting nay. Accessible Parking Snow Removal: City Manager recommend- ing approval of an amendment to the City's Accessible Park- ing Ordinance which makes property own- ers, or the property owner's designee, responsible •for the removal of snow from accessible parking spaces and access aisles and prohibits storing snow on ac- cessible spots and ac- cess aisles. Motion by Connors to receive and file the documents and that the require-ment 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 sus- pended. Seconded by Resnick. Motion car- ried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the Disabled, Section 9-14- 321.705 .Prohibited Use of Parking Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a new Sub- section C Snow Remo- val requiring the owner of any Iqt or parcel with accessible park- ing spaces and access Isles from allowing accumulations of snow• or ice thereon. Seconded by Resnick. Motion carried 7-0. Final Report of the Sustainability Task Force: City Manager transmitting the final report on the activity of the Sustainability Task Force and recom- mending adoption of Dubuque's Sustaina- bility Vision, Three - Part Model, and eleven Sustainability Princi- ples as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Mayor Buol thanked the members of the Task Force for their contributions. Cell Phone Ordinance (First Reading on Feb- ruary 1, 2010): Com- • carried munications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submittfrig peti- tion) regarding the proposed cell phone ordinance. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for Subscribed qo before me, a No this 7-0. passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0. Motion by Jones for final consideration and' passage of Ordinance No. 11-10 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 Prohi- biting the Use of Electronic Communi cations Devices While Driving a Motor. Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State„ the City's ordinance might be a waste of time. Responding to ques tions from City Council, Van Milligen ' stated hands -free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into to Chapter 20.17(3) closed session regard- ing Collective Bargain- ing Strategy pursuant Code of Iowa. Second- ed by Braig. Motion Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff had peen given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F Schneider, CMC, City Clerk It 2/24 STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATIOP ary Public in and for Dub' Notary Public in and for D MARY K. WESTERM Commission Number 1 My Cgrnrn. Exp. FEB. 1