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
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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
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„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,