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
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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.
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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-
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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