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Proof of Publication_City Council Proceedings 4 19 10 Regular SessionCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 19, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, Assistant City Attorney O'Brien 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 provided by Chaplain David Pacholke of Finley Hospital PROCLAMATIONS Silver Star Banner Day (May 1, 2010) was accepted by John Galle and Gene Giltne of American Legion Post 6; Volunteer Week (April 18 - 24, 2010) was accepted by Michelle Hellmer, Carnegie -Stout Public Library Adult Services Manager; and Rotary Foundation Group Study Exchange Days (April 28 - May 1, 2010) was accepted by Douglas Pearce, President of the Rotary Club of Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested ( #25) Environmental Stewardship Advisory Commission be held for separate discussion. Motion carried 7 -0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory Commission of 3/3; Historic Pre vation Commission 3/18; Human Ric 'Japlaugos Ij auueaf /:/ Commission of •w'd 9E :8 TO pawnofpe Zoning Adviv liouno0 X113 ay; uollow Commission of uodn 'ssaulsnq Jagpn1 Zoning Board ou 6ulaq aJayl Adjustment of 3/10 -0 -L palJJeo 3/25 uollow •6JaglaoA Aq Library Bowe pepuooas - uogepuew Trustees Update ' .wOOaJ ay; anoJdde the meeting of Ma.c,,-- UI IA+ ISM '0Z Of `Ja yaslj 13nol aneg oil -ON 511111 o aolAJas 10 luapuodsab Rq -pe Flldwojd aq pP luapuodsaa ay1 lu -daj of paloadxa s� tauJolly au :31( ie Lin .Ino�( aoeld J 5 lines 8Z `IZ ` Per ad '(Z46Z - S£L - 008 - I 1O. enrol Aelaa llex 'pa. -wl 6uueay ale no /l '8444 - 689 (£99) TO - PUIpJ000 flab' ;op JnoR lleo /Cialelpai 'A;lllgeslp E 10 as -aq 1.n00 UI 04e■ -Jed 01 sao!AJas JO �(Jeij xns 10 aou1 , -se ay; aJlnbaJ no, 1lIfO3 3O)1b310 c Ulne° .0 /te19 /s/ B 'm equipment. t0: 563.588.5600 :11 or e-mail to renew at no charge, ; n 10 days of expiration. STATE OF IOWA {SS: DUBUQUE COUNTY 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 28, 2010, and for which the charge is $327.44. Subsc . b0 before me a Nota� '' Public in and for Dubuque County, Iowa, this , 20 /e . CERTIFICATION OF PUBLICATION day of MARY K. WESTERMEYER 7. Commission Number 154885 My Co mm. Exp FEB. 1, 2011 LvL1� N ` f Notary Public in and for Dubuque County, Iowa. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on April 19, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, Assistant City Attorney O'Brien 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 provided by Chaplain David Pacholke of Finley Hospital PROCLAMATIONS Silver Star Banner Day (May 1, 2010) was accepted by John Galle and Gene Giltne of American Legion Post [M [BM '0Z-086I Of `.raydsi f pool aim oy, 9269 (a uoiun vpa jau11110 aajsunai ao t(jdd b s ►id) !Pain alai Mo j e p!M paau noAaaMod 6U!sI?tpifld „Mu% ■IRN%ipa" NAI NR11R411uAII■ 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: April 28, 2010, and for which the charge is $327.44. Subsc 'b ltn before me, a Not Public in and for Dubuque County, Iowa, this day of , 20 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exr FES. 1, 2011 Obstruction Removal the document was. Assessments was received and filed. adopted. . National Security Joint Development Breakfast: Invitation Agreement - Inter- from Brigadier General national Business Tim Orr, The Adjutant Machines Corporation: General of Iowa, to City Attorney requesting attend the National approval of the revised Security Breakfast on Joint Development Thursday, April 22, Agreement and ratifi- 2010 in Johnston, Iowa. cation of the Mayor's Medline Development signature of the Agreement: City Mana- revised Agreement. ger recommending Upon motion the approval of an documents were amendment to the received, filed, and Medline Development approved. Agreement to extend Plat of Survey - the date for LEED Southeast Corner of Certification. Upon Pearl and Gilliam motion the documents Streets: Zoning Advisory were received and filed Commission recom- and Resolution No. 107- mending approval of 10 Approving the Third the plat of survey of Amendment to the the southeast corner of Medline Industries, Pearl and Gilliam Inc., Development Agree - Streets as requested ment was adopted. by Tim McDonald. Alcohol Compliance - Upon motion the Civil Penalty for receive and file the documents were Alcohol License documents, adopt the received and filed and Holders: City Manager resolutions, set the Resolution No. 100-10 recommending approval public hearings as Approving a Plat of of the Acknowledgement/ . indicated, and direct Survey of Lot 1-100 and Settlement Agree- the City Clerk to documents and adopt Lot 2-100 of Finley, mentS for a first publish notice as Resolution No. 116-10 Waples and Burton's offense alcohol prescribed by law. Disposing of an Addition in the City of compliance violation Seconded by Braig. interest in real Dubuque, Iowa, was for Taiko Restaurant, Motion carried 7-0. property owned by the adopted. Inc., Walgreen's #6154, Dubuque Terminals, City of Dubuque by Plat of Survey - West- and Chances R and it is Inc. (Newt) Lease: City lease between the City brook Subdivision: further recommended Manager recommending of Dubuque and HHH Zoning Advisory that a civil penalty that a public hearing Enterprises of Dubuque, Commission recom- hearing be scheduled be set for May 3, 2010 Inc. Seconded by mending approval of for May 3, 2010 for a to consider proposed Resnick. Heath Hutchin- the plat of survey of second alcohol leases with Dubuque son, 221 Bradley Street, Westbrook Subdivision compliance violation Terminals, Inc. for the spoke in support of the as requested by Joel for Lot One. Upon Ice Harbor and Dove proposed lease. Motion Callahan / Buesing and motion the documents Harbor areas. Upon carried 7-0. tion the documents Fiscal Year 2010 Associates. Upon were received, filed, mo motion the documents and approved and a were received and filed Second Budget Amend- Greater Dubuque were received and filed hearing set for a and Resolution No. 110- ment: Proof of Downtown Urban and Resolution No. 101- meeting to commence 10 Resolution of intent publication on notice Renewal District and 10 Approving a Plat of at 6:30 p.m. on May 3, to dispose of an of public hearing to approve changes to the Survey of Lot 1-8 and 2010. interest in real consider the second Downtown Rehabil- Lot 2-8 Block 3 of Tobacco Compliance - property owned by the amendment to the itation Loan Program. Westbrook Subdivision Civil Penalty for City of Dubuque by Fiscal Year 2010 Seconded by Jones. in the City of Dubuque, Tobacco License lease between the City Budget and City Motion carried 7-0. Iowa, was adopted. Holders: City Manager of Dubuque, Iowa and Manager recommending Problem Property Final Plat - Copper- recommending approval Dubuque Terminals, approval. Motion by Maintenance Task head Place No. 2: of the Acknowledgement/ Inc., an Iowa Lynch to receive and Force: City Manager Zoning Advisory Settlement Agree- Corporation (the Dove file the documents and recommending approval Commission recom- ments for a first Harbor Lease); and adopt Resolution No. of amendments to Title mending approval of offense • tobacco Resolution No. 111-10 117-10 Approving Amend- 13, Chapter 6 Solid the final plat of • compliance violation Resolution of intent to ment No. 2 to the Fiscal Waste; and Title 6, Copperhead Place No. for Walgreen's #11942 dispose of an interest Year 2010 Budget for Chapter 6 Housing 2 as requested by and Walgreen's #6154 in real property owned the City of Dubuque. Regulations of the Blackacre Properties. and a third offense by the City of Dubuque Seconded by Jones. Code of Ordinances Upon motion the violation for 16th by lease between the Motion carried 7-0. and increasing the documents were Street Auto Truck City of Dubuque, Iowa Tenth and Central annual licensing fee for received and filed and Plaza. Upon motion the and Dubuque Parking Ramp and Fire vacant properties from Resolution No. 102-10 documents were Terminals, Inc., an Headquarters Expan- $200 to $300. Motion by Approving the Final received, filed, and iowa Corporation (the sion Project: Proof of Connors to receive and Plat of Copperhead approved. Ice Harbor Lease) were publication on notice file the documents and Place No. 2 was PEG Capital Grant adopted setting a of public hearing to that the requirement adopted. Expenditure Request: public hearing for a consider the plans and that a proposed Funding Contract with City Manager recom- meeting to commence specifications, form of ordinance be consid- the Iowa Department mending approval of at 6:30 p.m. on May 3, contract and estimated ered and voted on for of Natural Resources: the Cable TV Tele- . 2010 in the Historic cost for the Tenth and passage at two Council City Manager recom- Programming Commission Federal Building. Central Parking Ramp meetings prior to the mending approval of a recommendation for Lower Bee Branch and Fire Headquarters meeting at which it is funding contract with funding from the Creek Restoration Expansion Project and to be passed be the Iowa Department Public, Educational, Project: City Manager City Manager recom- suspended and No 1 adopt of Natural Resources and Government (PEG) r e c o m m e n d i n g mending app roval.1-10 regarding the E.B. Capital Grant for initiation of the public Motion by Jones to Approving an increase Lyons Interpretive Center Access Equipment and bidding process for the receive and file the in the license fee for CITY OF Expansion Project. Facilities to Mediacom Lower Bee Branch documents and adopt vacant and abandoned DUBUQUE, IOWA Upon motion the in the amount of $4,200 Creek Restoration Resolution No. 118-10 buildings. Seconded by CITY COUNCIL documents were for new monitors and a Project and that a Approving plans, Lynch. Motion carried 7-0. PROCEEDINGS received and filed and combination DVD public hearing be set specifications, form of Motion by Connors for The Dubuque City Resolution No. 103-10 burner/printer for the for May 3, 2010, to contract, and final consideration and Council met in regular Approving a contract public access studio consider approval of estimated cost for the passage of Ordinance session at 6:30 p.m. on with the Iowa control room. Upon the plans and Tenth and Central No. 23-10 (as revised) April 19, 2010 in the Department of Natural motion the documents specifications, form of Parking Ramp and Fire Amending Title 13 Historic Federal Resources for the E.B. were received, filed, contract and estimated Headquarters Expan- Public Utilities, Chapter Building. Lyons Interpretive and approved. cost. Upon motion the sion Project. Seconded 6 Solid Waste, Section Present: Mayor Buol, Center Expansion Fiscal Year 2011 documents were by Resnick. Parking 13-6-1 Definitions of Council Members Braig, Project was adopted. Community Development received and filed and System Supervisor Tim the City of Dubuque Connors, Jones, Lynch, Land and Water Block Grant Program: Resolution No. 112-10 Horsfield stated that Code of Ordinances by , Resnick, Voetberg, Conservation Fund (LWCF) City Manager recom- Preliminary approval of the project cost is adding a definition for Assistant City Manager Grant Agreement: City mending approval of plans, specifications, slightly less than container; Section 13-6- T�j Steinhauser, Assistant Manager recommending the publication of a form of contract, and originally estimated, 3 Container Require - City ii Attorney O'Brien approval of a Land and Notice of Intent to estimated cost, setting but funds already been ments; Collection Mayor Buol read the Water Conservation Request Release of date of public hearing spent on utility Restrictions by adding call and stated this is a Fund Grant Agreement Funds for Community and ordering bids for relocation and design definitions for garbage regular session of the with the Iowa Development Block the Lower Bee Branch of the initial ramp at bags, oversized rigid City Council to act Department of Natural Grant (CDBG) program Creek Restoration 5th and Bluff Street are solid waste containers, [ION OF PUBLICATION upon such business Resources for the E.B. activities. Upon motion Project was adopted not reflected in the and solid waste carts; that may properly Lyons Interpretive Center the documents were setting a public project amount. amending Article A Expansion Project. received and filed and hearing for a meeting Water Pollution City or Private come before the City Upon motion the Resolution No. 108-10 to commence at 6:30 Control Plant Upgrade Collection Service by • p.m. on May 3, 2010 in Project: Proof of amending Section 13- the Historic Federal publication on notice 6a-4 Placement of Buifding. of public hearing to Containers for Asbury Road and IA 32 consider the plans and Collection, Subsections approve the recom- mendation. Seconded by- .Voetberg. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 8:35 p.m. /a/Jeanne F. Schneider, •,./S, City Clerk .28 Council. was documents were Authorizing publication Pledge of ro vid received and filed and of a Notice of Intent to Invocation provided Resolution No. 104-10 Request Release of by Chaplain FinleyDApproving a Land and Funds for certain Hospital of ileWater Conservation Community Development RFund Grant Agreement Block Grant Projects SilvPROCLAMATIONS with the Iowa for Fiscal Year 2011 (May Star Banner wasay Department of Natural (Program Year 2010) 1, 2010)oh Resources for the E.B. was adopted. anaccepted by John le Lyons Interpretive Homelessness Preven- American Gene LegionGof Center Expansion tion and Rapid Re - Volunteer Weekost Project was adopted. Housing Program 6; Amendment: City Manager recommending approval of . the Amendment to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re -Housing Program (HPRP). Upon motion the documents were received, filed, and approved. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager - Government Relations, notifying the City of upcoming channel changes. Upon motion the document was received and filed. Environmental Steward- ship Advisory Commission: Communication from Wayne Klostermann, Chair - Environmental Stewardship Advisory Commission, regarding fundraising car washes and stormwater management. Motion by Connors receive and file the documents and refer to the City Manager. Seconded by Braig. Connors asked that a response be sent to the ESAC from staff and a report back to the City Council. Motion carried 7-0. E.B. Lyons Inter - documents were 1520 Altura, spoke State Historical received, filed, and regarding her concerns Society of Iowa: approved. over who is respon- Communication from Multicultural Family sible for the success of the State Historical Center: City Manager the Consolidated Plan Society of Iowa recommending that the and encouraged close advising that the Multicultural Family review of the document. Roshek Brothers Center Assistant Housing and Community Department Store at Director • position be Development Director 250 West 8th Street increased from twenty David Harris and has been listed in the (20) hours per week to Community Develop- National Register of thirty (30) hours per ment Specialist Aggie Historic Places week. Upon motion the Tauke clarified red- effective March 17, documents were pient qualifications and 2010. Motion by received, to receive approved, filed, and how fundinghe works forrfist and am's file erthe documents. Wireless Water Meter time homebuyers and Seconded by Braig. Agreements: City landlords. Motion Motion carried 7-0. Manager recommending carried 7-0. Assistance Pool to approval of the HHH Enterprises of Encourage Residential Wireless Water Meter Dubuque, Inc.: Proof of Housing in Downtown: Agreements with Holy publication on notice City Manager recom- Family Schools. Upon of public hearing to mending approval to motion the documents consider a lease issue a Request for were received, filed, agreement with HHH Proposals for a second and approved. • Enterprises of Dubuque, round° of applications ITEMS TO BE SET FOR Inc. to operate and to the Downtown PUBLIC HEARING maintain a restaurant Housing Incentive Motion by Lynch to deck and beer garden Program and it is at 180 Main Street and further recommended City Manager recom- that the City modify its mending approval. policy to allow Motion by Connors to payment of grants receive and file the associated with the Downtown Rehabil- itation Loan Program to projects as they are completed and as soon as funds are available. Motion by Voetberg to receive and file the documents and adopt Resolution No. 120-10 Authorizing the City Manager to solicit proposals for projects to encourage market - rate downtown rental and owner -occupied residential units in the (April 18 - 24, 2010) was accepted by Michelle Hellmer, Carnegie -Stout Public Library Adult Services Manager; and Rotary Foundation Group Study Exchange Days (April 28 - May 1, 2010) was accepted by Douglas Pearce, President of the Rotary Club of Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#25) Environmental Stewardship Advisory Commission be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory Commission of 3/3; Historic Preser- vation Commission of 3/18; Human Rights Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of 3/10 and 3/25 Library Board of Trustees Update from the meeting of arc First Transit: City Manager recommending approval of the formal notification of the transit management contract termination to First Transit. Upon motion the documents were received, filed, and approved. Hazard Mitigation Plan: City Manager recommending approval of the City's Hazard Mitigation Plan update. Upon motion the documents were received and filed and Resolution No. 105-10 Approving and adopting the Dubuque Hazard Mitigation Plan Update was adopted. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager recommending approval of the submission of delin- quent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 106- 10 Adopting the Schedule of Assess- ments for delinquent water, refuse, sewer and storm water collectionthrough March 16, 2013 opposition to the andddirecting accounts the Clerk pretive Center (Term of Bandy). proposed subdivision. to certify the schedule Expansion Project - Applicant: Ronald Bill- Motion by Connors to of assessments to the Exhibits 'Grant Match: meyer, 1745 Geraldine receive and file the County Treasurer and City Manager recom- Drive. Mr. Billmeyer documents and approve to publish notice mending approval to spoke in support of his tthQe^nrrecomhendation. n. Traffic Signal and specifications, form of Grading Project: City contract and estimated Manager recommending cost for the Water, initiation of the public Pollution Control Plant bidding process for the Upgrade Project and Asbury Road and IA 32 City Manager recom- Traffic Signal and mending approval. Grading Project and Motion by Jones to that a public hearing receive and file the be set for May 3, 2010, documents and adopt to consider approval of Resolution No. 119-10 the plans and Approving plans, specifications, form of specifications, form of contract and estimated contract, and cost. Upon motion the estimated cost for the documents were Water Pollution Control received and filed and Plant Upgrade Project. Resolution No. 113-10 Seconded by Voetberg. Preliminary approval of Motion carried 7-0. plans, specifications, Upon motion the rules form of contract, and were reinstated estimated cost, setting limiting discussion to date of public hearing the City Counoil. and ordering bids for Preliminary Plat - the Asbury Road and IA Orchard Park Sub- 32 Traffic Signal and division: Zoning Grading Project was Advisory Commission adopted setting a recommending approval public hearing for a of the preliminary plat meeting to commence of Orchard Park at 6:30 p.m. on May 3, Subdivision. 2010 in the Historic Request of Merrill FederaBOARDS21 10 / Jonan Lane, to COMMISSIONS address the City Applicants were Council regarding the invited to address the preliminary plat for City Council regarding Orchard Park. their desire to serve on Subdivision. the following Boards/ Communications from Commissions: Housing Rob McDonald, Mr. and Commission: One 3- Mrs. Kenneth Kublie, year term through Mr. and Mrs. Robert August 17, 2012 (Term Schute, Edwin A. and of Plein). Applicant: Patricia A. Frick, Mary Lisa McAllister, 1701 1/2 L. Kretz, John and Central Avenue. Ms. Nancy Ferry, Donald P. McAllister spoke in Ruefer, James nd Jen n support of her appoint- Hoppman, ment. Mechanical Board: Ruefer and Molly and One 3-year term Mike Schumacher in A, C, D, and E and adopting a new Subsection F; and Amending Section 13- 6a-6 Rates and Charges Established; Excep- tions, Subsection D; and Ordinance No. 24- 10 Amending Title 6 Health, Housing, Sanitation and Environment, Chapter 6, Housing Regulations of the City of Dubuque Code of Ordinances, by repealing Section 6-6-4 A.3. Notice of Violation; Order of Compliance, and adopting in lieu thereof a new Section 6- 6-4 A.3; by amending Section 6-6-5 Enforce- ment of Order of City Manager by deleting Paragraph (4); and by repealing Section 6-6-9 F.1. Extension of Time, YE and adopting in lieu) thereof a new Section 6-6-9 F.1 Housing and Community Development Director David Harris stated that the escalating fee, structure is intended to;4 quicken repairs and deter long periods of unsightly scaffolding. Assistant city Attorney Notary Public in and for Dubuque County, Iowa. Tim O'Brien noted two revisions to Ordinance No. 23-10. Motion carried 7-0. Law Enforcement Explorer Post: City : MARY K. WESTERMEYER Manager recom- mending approval of a • Commission Number 154885 partnership between M Comm. Ex F. 1, 201f the Dubuque Police. _.- 1 E6 �► rw v� ax r Department and the Northeast Iowa Council of the Boy Scouts of America (BSA) for the formation of a Law Enforcement Explorer Post. Motion by Jones toreceive and file the documents and {SS: -k for Woodward Communications, Inc., an Iowa 'elegraph Herald,a newspaper of general circulation 4ue, County of Dubuque and State of Iowa; hereby was published in said newspaper on the following which the charge is $327.44. Pub lic in and for Dubuque County, Iowa, , 20 ,4) . nNN„,1,,,y a regarding ine e.ts. CAIPPRIFIN=MPIRIli Tor In!nletion-ot ne puunc Munu„ uy wiic� Lyons Interpretive Center CITY OF Expansion Project. DUBUQUE, IOWA Upon motion the CITY COUNCIL documents were PROCEEDINGS received and filed and The Dubuque City Resolution No. 103-10 Council met in regular Approving a contract session at 6:30 p.m. on with the Iowa April 19, 2010 in the Department of Natural Historic Federal Resources for the E.B. Building. Lyons Interpretive Present: Mayor Buol, Center Expansion Project was adopted. Land and Water Conservation Fund (LWCF) Grant Agreement: City Manager recommending approval of a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project. Upon motion the documents were received and filed and Resolution No. 104-10 Approving a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project was adopted. First Transit: City Manager recommending approval of the formal notification of the transit management contract termination to First Transit. Upon motion the documents were received, filed, and approved. Hazard Mitigation Plan: City Manager recommending approval of the City's Hazard Mitigation Plan update. Upon motion the documents were received and filed and Resolution No. 105-10 Approving and adopting the Dubuque Hazard Mitigation Plan Update was adopted. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager recommending approval of the submission of delin- quent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 106- 10 Adopting the Schedule of Assess- ments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. Dubuque Water Ski Lease: City Manager recommending, approval of the annual lease agreement with the Dubuque Water Ski Club. Upon motion the documents were received, filed, and approved. Children's Zoo Boosters: City Manager recom- mending approval of the lease renewal with the Dubuque Children's Zoo Boosters, Inc. for approximately ten acres of Roosevelt Park to operate the Story- book Hill Children's Zoo. Upon motion the documents were received, filed, and approved. Lease Agreement with Tri-State Modelers: Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, Assistant City Attorney O'Brien 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 provided by Chaplain David Pacholke of Finley Hospital PROCLAMATIONS Silver Star Banner Day (May 1, 2010) was accepted by John Galle and Gene Giltne of American Legion Post 6; Volunteer Week (April 18 - 24, 2010) was accepted by Michelle Hellmer, Carnegie -Stout Public Library Adult Services Manager; and Rotary Foundation Group Study Exchange Days (April 28 - May 1, 2010) was accepted by Douglas Pearce, President of the Rotary Club of Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#25) Environmental Stewardship Advisory Commission be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory Commission of 3/3; Historic Preser- vation Commission of 3/18; Human Rights Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of 3/10 and 3/25 Library Board of Trustees Update from the meeting of March 25, 2010 Proof of publication of City Council Proceed- ings of March 15, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Chiquitta Carroll for personal injury; Diane Boge for vehicle damage; Interstate Power and Light for property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chiquitta Carroll for personal injury. Upon City Manager recom- motion the document mending approval of was received, filed and the lease agreement concurred with Tri-State Model - Snow Removal and ers for a section of Right -of -Way Obstruc- Roosevelt Park. Upon tion Removal Assess- motion the documents ments: City Manager were received, filed, recommending approval and approved. of the final assess- Department of the ments for snow Army: Communication removal and right -of- from William T. way obstruction Johnsen, Dean of removals. Upon motion Academics - Depart - the documents were ment of the Army, received and filed and regarding the City Resolution No. 99-10 Manager's attendance Adopting the final at the 56th Annual U.S. assessment schedule Army War College for the Snow Removal National Security and Right -of -Way Seminar. Upon motion Access Equipment and Facilities to Mediacom in the amount of $4,200 for new monitors and a combination DVD burner/printer for the public access studio control room. Upon motion the documents were received, filed, and approved. Fiscal Year 2011 Community Development Block Grant Program: City Manager recom- mending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 108-10 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2011 (Program Year 2010) was adopted. Homelessness Preven- tion and Rapid Re - Housing Program Amendment: City Manager recommending approval of the Amendment to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re -Housing Program (HPRP). Upon motion the documents were received, filed, and approved. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager - Government Relations, notifying the City of upcoming channel changes. Upon motion the document was received and filed. Environmental Steward- ship Advisory Commission: Communication from Wayne Klostermann, Chair - Environmental Stewardship Advisory Commission, regarding fundraising car washes and stormwater management. Motion by Connors receive and file the documents and refer to the City Manager. Seconded by Braig. Connors asked that a response be sent to the ESAC from staff and a report back to the City Council. Motion carried 7-0. E.B. Lyons Inter- pretive Center Expansion Project - Exhibits 'Grant Match: City Manager recom- mending approval to provide $25,000 in additional City funds as part of the local match for a $150,000 federal grant for the Mines of Spain Exhibit and Education Program at the E.B. Lyons Nature Center. Signed Contracts: Storm Sewer Improve- ments - South Main and Jones Streets. Upon motion the documents were received and filed. Liquor License Appli- cations: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 109-10 Granting the issuance of a Class "A" Liquor License to the Loyal Order of the Moose Lodge; and a Class "C" Beer/Liquor License to Marco's Italian Food, West Dubuque Tap, Lot One, The Hub and Loras College Campus. was adopted. Bunker Hill Under- ground Storage Tank - Administrative Consent Order: City Manager recommending approval of the Iowa Department of Natural Resources Administrative Consent Order regarding the Bunker Hill under- ground storage tank. Upon motion the receive and file the documents and adopt Resolution No. 118-10 Approving plans, specifications, form of contract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project. Seconded by Resnick. Parking System Supervisor Tim Horsfield stated that the project cost is slightly less than originally estimated, but funds already been spent on utility relocation and design of the initial ramp at 5th and Bluff Street are not reflected in the project amount. Water Pollution Control Plant Upgrade Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Water, Pollution Control Plant Upgrade Project and City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 119-10 Approving plans, specifications, form of contract, and estimated cost for the Water Pollution Control Plant Upgrade Project. Seconded by Voetberg. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Counoil. Preliminary Plat Orchard Park Sub- division: Zoning Advisory Commission recommending approval of the preliminary plat of Orchard Park Subdivision. Request of Merrill Crawford, 2110 Jonathan Lane, to address the City Council regarding the preliminary plat for Orchard Park. Subdivision. Communications from Rob McDonald, Mr. and Mrs. Kenneth Kublie, Mr. and Mrs. Robert Schute, Edwin A. and Patricia A. Frick, Mary L. Kretz, John and Nancy Ferry, Donald P. Ruefer, James and Jen Hoppman, Victoria R. Ruefer and Molly and Mike Schumacher in opposition to the proposed subdivision. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Merrill Crawford, 2110 Jonathan Lane, spoke in opposition to the proposed subdivision on behalf of area residents. Developer Curtis McDonald described the proposed housing stating that it is a variety of housing designed to attract young professionals and that concerns will be addressed. Motion carried 5-2 with Connors and Lynch voting nay. Request for Letter of Support for Dubuque Senior Apartments Project: City Manager recommending approval of a letter of support for the 3 Diamond Develop- ment's proposed affordable housing project, Dubuque Senior Apartments, to be located west of the intersection of Sylvan and Bies Drives. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Neal Stein, 3 Diamond Development, 7444 Long Avenue, Skokie, Illinois, responded to questions from City Council. Motion carried 7-0. n the license tee for vacant and abandoned buildings. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 23-10 (as revised) Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-1 Definitions of ( the City of Dubuque CCU C� . Code of Ordinances by , S �7 . adding a definition for container; Section 13-6- Ty 3 Container Require- 4 1 I ments; Collection Restrictions by adding definitions for garbage bags, oversized rigid solid waste containers, r and solid waste carts; amending Article A City or Private Collection Service by amending Section 13- 6a-4 Placement of Containers for k for Woodward Communications, Inc., an Iowa Collection, Subsections A, C, D, and E and 'elegraph Herald,a newspaper of general circulation adopting a new Subsection F; and lue, County of Dubuque and State of Iowa; hereby Amending Section 13- 6a-6 Rates and Charges was published in said newspaper on the following Established; Excep- tions, subsection D; which the charge is $327.44. and Ordinance No. 24- 10 Amending Title 6 Health, Housing, Sanitation and Environment, Chapter 6, Housing Re gulations sin Re ulations of the City of Dubuque Code of Ordinances, by repealing Section 6-6-4 A.3. Notice of Violation; Order of Compliance, and adopting in lieu thereof a new Section 6- 6-4 A.3; by amending Section 6-6-5 Enforce- ment of Order of City Manager by deleting Paragraph (4); and by repealing Section 6-6-9 F.1. Extension of Time,)Public in and for Dubuque County, Iowa, and adopting in lieu) / thereof a new Section • , 20 6-6-9 F.1 Housing and Community / Development Director David Harris stated that the escalating fee. structure is intended to quicken repairs and deter long periods of unsightly scaffolding. Assistant City Attorney Tim O'Brien noted two revisions to Ordinance No. 23-10. Motion carried 7-0. Law Enforcement Explorer Post: City Manager recom- mending approval of a partnership between the Dubuque Police Department and the Northeast Iowa Council of the Boy Scouts of America (BSA) for the formation of a Law. Enforcement Explorer Post. Motion by Jones toreceive and file the documents and approve the recom- mendation. Seconded by Resnick. Motion carried 7-0 Southwest Arterial - Iowa Department of Transportation Funding Agreement: City Manager recom- mending approval of the execution of the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement (Agreement No. 2009-E- 275) for development of the Southwest Arterial Project. Motion by Connors to receive and file the documents and adopt Resolution No. 122-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agree- ment No. 2009-E-275) for the development of the Southwest Arterial Project. Seconded by Jones. Motion carried 7-0. Federal Emergency Management Agency (FEMA): City Manager transmitting the issues and errors identified by City staff with the preliminary Digitized Flood Insurance Rate Map (DFIRM) and citizen comments and requesting that FEMA respond in writing. Motion by Connors to receive and file the documents and ION OF PUBLICATION Notary Public in and for Dubuque County, Iowa. . MARY K. WESTERMEYER w Commission Number 154885 My Comm. Ex . FEB. bidding process for the Lower Bee Branch Creek Restoration Project and that a public hearing be set for May 3, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 112-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Lower Bee Branch Creek Restoration Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2010 in the Historic Federal Building. Asbury Road and IA 32 Traffic Signal and Grading Project: City Manager recommending initiation of the public bidding process for the Asbury Road and IA 32 Traffic Signal and Grading Project and that a public hearing be set for May 3, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 113-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Asbury Road and IA 32 Traffic Signal and Grading Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2010 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Housing Commission: One 3- year term through August 17, 2012 (Term of Plein). Applicant: Lisa McAllister, 1701 1/2 Central Avenue. Ms. McAllister spoke in support of her appoint- ment. Mechanical Board: One 3-year term through March 16, 2013 (Term of Bandy). Applicant: Ronald Bill- meyer, 1745 Geraldine Drive. Mr. Billmeyer spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Fiscal Year 2011 - 2015 Consolidated Plan and Analysis of Impedi- ments to Fair Housing; Proof of publication on notice of public hearing to consider the Fiscal Year 2011 - 2015 Consolidated Plan and Analysis of Impedi. ments to Fair Housing and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 114-10 Adopting the Fiscal Year 2011 - 2015 Consolidated Plan for Housing and Community Develop- ment; authorizing the Mayor to execute said plan and all necessary certifications; designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said plan be submitted to the U.S. Department of Housing and Urban Development; and Resolution No. 115-10 Approving the Analysis of Impediments to Fair Housing. Seconded by Voetberg. Ann Michalski,