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Proof of Publication_City Council Proceedings 4 5 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 5, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney 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 Mayor Buol. PROCLAMATIONS The Week of the Young Child (April 1 -17, 2010) was accepted by Sherri Edwards, Direc- tor of Dubuque County Empowerment, 2728 Asbury Road; Sexual Assault Awareness Month (April 2010) was accepted by Josh Jas- per of the Riverview Center, 2600 Dodge Street CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Van Milligen requested ( #15) Crime /Poverty Research Study be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 11/24 and 2/23; City Council of 3/15: Housing Com- mission of 2/23; Hous- ing Commission Trust Fund of 3/8; -Human Rights Commission of 2/8; Library Board of Trustees of 1/28 and 2/11; Transit Board of Trustees of 3/11 Proofs of publication of City Council Pro- ceedings of March 1, 2 and 9, 2010 and List of Claims and Summary of Revenues for month ended February 28, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Antoine Clemons vs. Brian Wullweber, City of Dubuque, and Pablo Ramirez sion; the Stipulation Settlement for Call o Construction, p ( ' �' for a parcel of grou E F off Pleasant Vi Drive; and the Sti u . tion of Settlement First National Bank Dubuque for the Bank branch ba property located at 4 Kennedy Road. Up motion the documer were received, filr and approved. Office of Energy Inc pendence: Commu cation from Roya Ste ley, Director - Office Energy Independent rxy aa>lwaly3 pueJg deaf LOOZ MAY sued Just a fevi STATE OF IOWA will get you DUBUQUE COUNTY eolpaed ialan13 8002 966'6!$ �00JU00W 966`1!$ uns au} ui and VdLs s 9 1 3dd 1134 G 966'91$ iJ8A0SS0J3 Jabuassed L 814nala Plod LOOZ 966`6!$ 03 'JaMod itnA Xl opuOJ en' 600Z Xl 3u13 epuOH LOOZ AVG ad9 AVG Oda sL {SS: 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 3S a6p dates: April 14, 2010, and for which the charge is $171.59. Xl ad ePOI 31X Jiwe" }00J Iar NOB, Subscribed to �t before me, a Notary Public in and for Dubuque County, Iowa, this 5 day of i , 20 ,/l) otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp, FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 5, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- : -a -"I 2 s 000`zl- p/o6'9 'UMOP 0$' P a PNtfSSIi� $0181 ( lare)/ F 800101 f ie0 06po0 800Z �z IS I Tool 'pag1.Ie 095g6 quell Amu 90o? OOZ` "ZS IBIIMO T 6h1x6 WEN deer LOOZ sion; the Stipulation 4 Settlement for Call off Construction, In EIINNIN for a parcel of grout; off Pleasant ViE Drive; and the Stipu tion of Settlement t _ First National Bank Dubuque for the I Bank branch ba property located at 4 Kennedy Road. Up motion the documer were received, fill and approved. Office of Energy Inc pendence: Commui cation from Roya Ste ley, Director - Office Just a fey STATE OF IOWA {SS: will get yoU DUBUQUE COUNTY ti . ^ '';1;1,511.3 pum dear LOOZ aMV e3W3ed JaI AVO 113d G66191$ jJOAOSSOJO Ja6uossod ( ald#saa.t4 WI LOOZ AVG Os H3d U Si IS a6P AVG Had 9661bi$ a3'JeMod 'Ind A. rM!aed JaIsLI43 800Z AVG L $ H3d xi a6epoa Ali® Had S66171$ sap monBas MOJ pc Xl opuoa e!l 600Z AVG Had ]iX tiwe3 AVG Had 96614$ iooiuoot ,,. AVG Had tool egad ua6eI XI a!A 3 epuoN LOOZ Ali® Had s66`£1$ AVG uns NT u! and Had `I 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: April 14, 2010, and for which the charge is $171.59. Eip Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7� day of , 20 / r . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 15488E 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 April 5, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney 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 Mayor Buol. PROCLAMATIONS The Week of the Young Child (April 1-17, 2010) was accepted by Sherri Edwards, Direc- tor of Dubuque County Empowerment, 2728 Asbury Road; Sexual Assault Awareness Month (April 2010) was accepted by Josh Jas- per of the Riverview Center, 2600 Dodge Street CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Van Milligen requested (#15) Crime/Poverty Research Study be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 11/24 and 2/23; City Council of 3/15; Housing Com- mission of 2/23; Hous- ing Commission Trust Fund of 3/8; •Human Rights Commission of 2/8; Library Board of Trustees of 1/28 and 2/11; Transit Board of Trustees of 3/11 Proofs of publication of City Council Pro- ceedings of March 1, 2 and 9, 2010 and List of Claims and Summary of Revenues for month ended February 28, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Antoine Clemons vs. Brian Wuliweber, City of Dubuque, and Pablo Ramirez (Amended and Restat- ed); Arbor Glen Apart- ments for property damage; Carl Lange for vehicle damage; State Farm Insurance (repre- senting Marco Pizzi- menti) for vehicle dam- age; Maryann Upmann for vehicle damage; Randy Williams for property damage Upon motion the documents were re- ceived,filed, and refer- red to the City Attor- ney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Maryann Upmann for vehicle damage; Carl F. Lange for vehicle damage; Ar- bor Glen Apartments for property damage; State Farm Insurance for personal injury/ ve- hicle damage; Randy Williams for property damage. Upon motion the documents were received, filed, and concurred. Iowa Office of Energy Independence: Com- munication to the Iowa Office of Energy Inde- pendence in support of the Four Mounds Ener- gy Office Pilot Pro- gram. Upon motion the documents were re- ceived and filed. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager - Gov- ernment Relations, no- tifying the City of up- coming channel changes. Communication from Lee Grassley,, Media- com Senior Manager - Government Relations, advising of the adjust- ment of certain cable service rates effective on or about May 1, 2010. Upon motion the documents were re- ceived and filed. Stipulation of Settle- ments - Property Tax Appeals: City Attorney recommending appro- val of the Stipulation of Settlement for Calla- han Construction, Inc., for a vacant piece of ground off Seippel Road located east of the Westbrook Subdivi- sion; the Stipulation of Settlement for Calla- han Construction, Inc., for a parcel of ground off Pleasant View Drive; and the Stipula- tion of Settlement for First National Bank of Dubuque for the US Bank branch bank property located at 435 Kennedy Road. Upon motion the documents were received, filed, and approved. Office of Energy Inde- pendence: Communi- cation from Roya Stan- ley, Director - Office of Energy Independence, advising that the City of Dubuque has been selected to receive an Energy Efficiency Con- servation Block Grant in the amount Of $500,000 to be used for the traffic flow optimi- zation project. Upon motion, the' document was received and filed. Dubuque Golf and Country Club: Commu- nication from Rich Bugalski, Dubuque Golf and Country Club, re- questing permission to display fireworks on Sunday, July 4, 2010 (rain date of Monday, July 5, 2010) on the Du- buque Golf and Coun- try Club grounds. Upon motion the document was received, filed, and approved. Citizen Communica- tion: Communication from Tim Patterson, 1882 White Street, sub- mitting an article titled "Goat Fans, Cities But- ting Heads" for the City's consideration. Upon motion the docu- ments were received, filed, and referred to the City Manager. 401 Governmental Money Purchase Plan: City Manager recom- mending that he be au- thorized to sign the ICMA Retirement Cor- poration Governmental Money Purchase Plan and Trust Adoption Agreement and the Ad- ministrative Services Agreement between ICMA Retirement Cor- poration and the City of Dubuque. Upon mo- tion the documents were received and filed and Resolution No. 88- 10 Approving the ICMA Retirement Corpora- tion Governmental Money Purchase Plan and Trust Basic Docu- ment and Appendix A (ICMA Retirement Cor- poration Governmental Money Purchase Plan and Trust Amendment for Post-EGTRRA Legis- lative and Regulatory Changes) - Plan Num- ber 10-6876 was adopt- ed. Iowa Department of Transportation (IDOT) Federal Aid Funding Agreement: City Man- ager recommending approval of an Iowa Department of Trans- portation Federal Aid Funding Agreement for a Surface Transporta- tion Program Project for the Kaufmann Ave- nue from John F. Ken- nedy Road to Chaney Road HMA Recon- struction/Resurfacing Project. Upon motion the documents were received and filed and Resolution No. 89-10 Approving the Iowa De- partment of Transpor- tation Federal Aid Funding Agreement (Agreement No. 6-10- STPU-05) for the Kauf- mann Avenue from John F. Kennedy Road to Chaney Road HMA Reconstruction/Resurf acing Project was adopted. Request for Proposals - 9th Street and 11th Street Traffic Study: City Manager recom- mending approval of the issuance of a Re- quest for Proposals to seek qualified firms in- terested in providing professional services for the 9th Street and 11th Street Traffic Study: One -Way to Two -Way Conversion. Upon motion the docu- ments were received, filed, and approved. I -Jobs Affordable Housing Program: City Manager recommend- ing approval of the contract with the Iowa Finance Authority for the $240,000 funding award to assist in the conversion of the His- toric Washington Row Houses located on Washington Street. Upon motion the docu- ments were received, filed, and approved. 2010 Art on the River Exhibition: Arts and Cultural Affairs Adviso- ry Commission. re- questing City Council concurrence with the selection of artwork for the 2010 Art on the Riv- er Competition. Upon motion the documents were received, filed, and approved. McDonough Estate - Disposition of Proper- ty: City Attorney rec- ommending approval of a quit claim deed for one-half of a portion of Barry Street to be con- veyed to the residual devisees under the John J. McDonough, Sr., last will and testament. Upon motion the docu- ments were received and filed and Resolu- tion No. 90-10 Authoriz- ing the disposal of the interest of. the City of Dubuque, Iowa, in the real property described as the northwesterly one-half of Barry Street in Barry Subdivision No. 2 in the City of Du- buque, Iowa, to the re- sidual devisees under the John J. McDonough, Sr., last will and testa- ment was adopted. Crime/Poverty Re- search Study: City Manager recommend- ing approval of a con- tract with the Northern Illinois University Cen- ter for Governmental Studies to conduct an expanded study on crime and poverty. Mo- tion by Jones to receive and file the documents and approve the rec- ommendation. Seconded by Connors. Motion carried 7-0. Purchase of Property - 3301 Roosevelt Street: City Manager recom- mending approval of the purchase of real estate located at 3301 Roosevelt Street for the proposed construc- tion of a water tower. Upon motion the docu- ments were received and filed and Resolu- tion No. 91-10 Accept- ing the warranty deed to part of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 311 in the City of Dubu- que, Dubuque County, Iowa, from Fondell Ex- cavating, Inc., of Dubu- que, Iowa, was adopt- ed. Legislative Corre- spondence: Communi- cation to area legisla- tors urging their oppo- sition to HF 2382 that adds language to Iowa Code Chapter 411 to al- low covered employees to designate a physi- cian of their choosing to treat a work -related illness or injury rather than the employer choosing the care. Communication to area legislators regard- ing HF 2502. that phas- es out the State's con- tribution to the Munici- pal Fire and Retirement System and creates a Benefits Advisory Com- mission. Communication to Representative Chuck Isenhart asking that he support HSB 741 which would give the City the option to increase the local hotel/motel tax from seven to nine per- cent. Upon motion the documents were re- ceived and filed. Bee Branch Creek Re- storation Project Pro- grammatic Agreement: City Manager recom- mending approval of a Programmatic Agree- ment among the U.S. Army Corps of Engi- neers, the Iowa Depart- ment of Natural Re- sources, the State His- toric Preservation Of- fice and the City of Du- buque regarding the construction of the Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 92- 10 Authorizing the exe- cution of an agreement with the Iowa Depart- ment of Natural Re- sources, the U.S. Army Corp of Engineers, and the State Historic Pres- ervation Office regard- ing the construction of the Bee Branch Creek Restoration project was adopted. Withdrawal of Claim - Port of Dubuque Park- ing Facility Project: Communication from William S. Vernon, rep- resenting W.C. Stewart Construction, Inc., ad- vising that the claim for material and labor on the Port of Dubuque Parking Facility Project has been withdrawn. Upon motion the docu- ments were received and filed. Historic Millwork Dis- trict Streetscape and Utilities: City Manager recommending accept- ance of Amendment No. 1 to the Historic Millwork District Streetscape and Utilit- ies Professional Engi- neering Services Agreement between the City and Veenstra & Kimm, Inc. Upon mo- tion the documents were received, filed, and approved. Signed Contracts: Bee Branch Creek Restora- tion Project Asbestos Inspections and the POD Ramp Repair Ap- proval. Upon motion the documents were received and filed. Business License Re- fund: Request of Steve Haggerty, Ten Pin Tap, for a refund of Beer and Liquor License #LC0034802 in the amount of $422.50. Upon motion the docu- ment was received and filed and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 93-10 Granting the issuance of a Class "B" Beer Per- mit to McAleece Park and Recreation Com- plex and Panchero's Mexican Grill; and a Class "C" Beer Permit to 16th Street Auto/ Truck Plaza, Oky Doky #1, Paro Foods Mart, Kwik Stop C-Store, Oky Doky #2 and Hartig Drug; and Resolution No. 94-10 Granting the issuance of a Class "C" Beer/Liquor License to Noonan's Tap, Clarke College, Olive Garden, Whiskey River, Knights of Columbus, Bar-X and Hammer Time Bar; a. Class "B" Wine Permit to Oky Doky #1, Oky Doky #2, and Hartig Drug; and a Class "WBN" Native Wine Permit to Kwik Stop C- Store, 16th Street Auto/Truck Plaza and Tobacco Outlet Plus #504 were adopted. Getting' Ahead Pro- gram: Contract with Move the Mountain TM: City Manager rec- ommending approval of the contract with the Move the Mountain Leadership Center for services related to im- plementation of the CirclesTM initiative. Upon motion the docu- ments were received, filed, and approved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion car- ried 7-0. HHH Enterprises of Dubuque, Inc.: City Manager recommend- ing that a public hear- ing be set for April 19, 2010 to consider appro- val of a lease agree- ment with HHH Enter- prises of Dubuque, Inc., to operate and main- tain a restaurant deck and beer garden at 180 Main Street. Upon mo- tion the documents were received and filed and Resolution No. 95- 10 Resolution of intent to dispose of an inter- est in real property owned by the City of Dubuque by lease be- tween the City of Du- buque and HHH Enter- prises of Dubuque, Inc., was adopted setting a public hearing for a• meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Building. Fiscal Year 2010 Sec- ond Budget Amend- ment: City Manager recommending that a public hearing be set for April 19, 2010 to consider approval of the second amendment to the Fiscal Year 2010 Budget Upon motion the documents were received and filed and Resolution No. 96-10 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Build- ing. Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project: City Man- ager recommending in- itiation of the public bidding process for the Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project and that a public hearing be set for April 19, 2010 to consider approval of the plans and specifi- cations, form of con- tract and estimated cost Upon motion the documents were re- ceived and filed and Resolution No. 97-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Building. Water Pollution Con- trol Plant Upgrade Project: City Manager recommending initia- tion of the public bid- ding process for the Water Pollution Control. Plant Upgrade Project and that a public hear- ing be set for April 19, 2010 to consider appro- val of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 98-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Water Pollution Control Plant Upgrade Project was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on April 19, 2010 in the Historic Federal Build- ing. BOARDS/ COMMISSIONS Appointments to the following Boards/Com- missions: Community Development Advisory Commission. One 3- year term through Feb- ruary 15, 2013 (At - Large Term of Gukeisen) Applicant: Peter Koshakji, 1076 Y2 Uni- versity Avenue. Motion by Connors to appoint Peter Koshakji to the Community Develop- ment Advisory Com- mission for a 3-year term through February 15, 2013. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS Cell Phone Ordinance: City Attorney request- ing City Council direc- tion on the repeal of the City's cell , phone ordinance as to wheth- er it be effective upon publication or on June 30, 2010. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance re- pealing Ordinance No. 11-10 Prohibiting the use of an electronic communication's de- vice while operating a motor vehicle effective upon publication be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion failed 4-3 with Buol, Resnick and Voetberg voting nay. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance re- pealing Ordinance No. 11-10 Prohibiting the use of an electronic communications de- vice while operating a motor vehicle effective June 30, 2010 be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Voetberg. Motion failed 5-2 with Lynch and Braig voting nay. Motion by Resnick to propose an ordinance be drafted by the City Attorney for considera- tion at a later meeting which would dovetail with the State ordi- nance. Motion failed for lack of a second. Motion by Jones to consider the first read- ing of a proposed ordi- nance repealing Ordi- nance No. 11-10 Pro- hibiting the use of an electronic communica- tions device while op- erating a motor vehicle effective upon publica- tion. Seconded . by Lynch. Motion failed 3- 4 with Buol, Connors, Resnick and Voetberg voting nay. Multiple Housing Co- operative Transfers: City Manager recom- mending approval of a proposed ordinance which requires that an existing structure be- ing transferred to a multiple housing coop- erative must meet building code require- ments in effect on the date of the transfer. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Jones. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 22-10 Amending Ti- tle 14 Chapter 7 of the City of Dubuque Code of Ordinances, Condo- minium Conversions, by prohibiting transfer of an existing structure to a multiple housing cooperative unless the structure meets build- ing code requirements in effect on the date of transfer. Seconded by Jones. Motion carried 7-0. CLOSED SESSION Motion by Jones to go into closed session at 7:05 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Voetberg. Motion car- ried 7-0. Upon motion the City Council reconvened in open session at 7:30 p.m., stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council. adjourned at 7:31 p.m. /s/Jeanne F. Schneider, CMC, City Clerk it 4/14 {SS: Y N OF PUBLICATION 1r Woodward Communications, Inc., an Iowa graph Herald,a newspaper of general circulation , County of Dubuque and State of Iowa; hereby s published in said newspaper on the following ch the charge is $171.59. y Public in and for Dubuque County, Iowa, , 20/ . tary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2011