Loading...
Minutes_City Council Proceedings Regular and Special 6 21 10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on June 21, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to receive an update on the Historic Millwork District. Work Session Historic Millwork District City staff provided a slide presentation on the status and progress of the components for the Historic Millwork District.  Master Plan: Planning Services Manager Laura Carstens  Sustainability Partnerships: Assistant City Manager Teri Goodmann  Redevelopment Financing: Assistant Economic Development Director Aaron DeJong  Street Reconstruction and Streetscape Improvements: Civil Engineer Jon Dienst  Water Utility Improvements: Water Distribution Supervisor Michael Brekke  Parking Plans: Parking System Supervisor Tim Horsfield Responding to questions from City Council, Planning Services Manager Laura Carstens and Assistant City Manager Teri Goodmann stated that while the district poses development challenges, compliance with complete streets design standards and requirements and replicable project elements will enable additional funding. There being no further business, upon motion the City Council adjourned at 6:15 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 6/30 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney 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 provided by Pastor Tom Shinkle of Grandview Avenue Methodist Church. PROCLAMATIONS Colts Drum and Bugle Corps was accepted by Colts Director Greg Orwoll, 1101 Central Avenue; Monarch Moments Month (July, 2010). PRESENTATION Preservation Iowa 2010 Preservation at its Best Award (Historic Millwork District Master Plan) was accepted by Planning Services Manager Laura Carstens. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/7; Historic Preservation Commission of 5/20; Housing Code Appeals Board of 4/20; Human Rights Commission of 5/10; Transit Board of 5/13; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27 Proofs of publication of City Council Proceedings of May 17, 2010 and List of Claims and Summary of Revenues for Month Ended April 30, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Susan Welp for vehicle damage: Kerry Robey for vehicle damage; Austin Millius for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Welp for vehicle damage; Kerry Robey for vehicle damage; Melissa Sue Devine for vehicle damage; Robert Smith for property damage. Upon motion the documents were received, filed and concurred. Specific and Aggregate Stop Loss Renewal – Health and Prescription Drug: City Manager recommending approval of the renewal rates submitted by American National Life of Texas Life for the City’s specific and aggregate stop loss insurance – health and prescription drug plans. Upon motion the documents were received, filed, and approved. Reclassification of Truck Driver Position: City Manager recommending that the Truck Driver positions in the Water Department be reclassified as Water Distribution Maintenanceworkers. Upon motion the documents were received, filed, and approved. Reclassification of Laborer Position: City Manager recommending that the Laborer position in the Public Works Department be reclassified as a Truck Driver. Upon motion the documents were received, filed, and approved. Collective Bargaining Agreement – International Union of Operating Engineers: City Manager recommending approval of the one-year collective bargaining agreement between the City and the International Union of Operating Engineers, Local #758. Upon motion the documents were received and filed and Resolution No. 191-10 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758 and authorizing the Mayor to sign the Agreement was adopted. Interagency Agreement between the City of Dubuque and Dubuque County Board of Health: City Manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and approved. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubuque Regional Airport Wastewater Treatment Facility. City Manager providing information related to the June 11, 2010 letter from the Iowa Department of Natural Resources. Upon motion the documents were received and filed. Final Plat – Inland Molasses Place No. 2: Zoning Advisory Commission recommending approval of the final plat of Inland Molasses Place No. 2 as requested by the City of Dubuque – Engineering Department. Upon motion the documents were received and filed and Resolution No. 192-10 Approving a final plat of Inland Molasses Place No. 2 in the City of Dubuque, Iowa, was adopted. Final Plat – Center City Place #2: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #2 located at the southwest corner of East 11 and Washington Streets as requested by Mid America Holdings. Upon motion the documents were received and filed and Resolution No. 193-10 Approving the final plat of Center City Place #2 in the City of Dubuque, Iowa, was adopted. Final Plat – Center City Place #3: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #3 located at the southwest corner of East 10 and Washington Streets as requested by Warehouse Redevelopment, LLC. Upon motion the documents were received and filed and Resolution No. 194-10 Approving the final plat of Center City Place #3 in the City of Dubuque, Iowa, was adopted. 2 Final Plat – Center City Place #4: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #4 located at the southeast corner of East 10 and Jackson Streets as requested by Caradco Building, LLP. Upon motion the documents were received and filed and Resolution No. 195-10 Approving the final plat of Center City Place #4 in the City of Dubuque, Iowa, was adopted. Final Plat – Center City Place #5: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #5 located at the northeast corner of East 10 and Jackson Streets as requested by Mid America Holdings. Upon motion the documents were received and filed and Resolution No. 196-10 Approving the final plat of Center City Place #5 in the City of Dubuque, Iowa, was adopted. McAleece Park and Recreation Complex Parking Lot Reconstruction Project: City Manager recommending award of the public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project to Mathy Construction Company in the amount of $248,673.25. Upon motion the documents were received and filed and Resolution No. 197- 10 Awarding public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project was adopted. Sustainable Cities Institute (SCI) Pilot Community Application: City Manager recommending approval of the Sustainable Cities Institute grant application in the amount of $500,000. Upon motion the documents were received, filed, and approved. Third Street Overpass Bridge Repair Project: City Manager recommending approval of the Iowa Department of Transportation Supplemental Funding Agreement for the Third Street Overpass Bridge Repair Project. Upon motion the documents were received and filed and Resolution No. 198-10 Approving the Iowa Department of Transportation Supplemental Agreement for maintenance of primary roads in municipalities for the Third Street Overpass Bridge Approach Repair Project was adopted. Fire Station #4 Re-Roof Project: City Manager recommending that the award for the Fire Station #4 Re-Roof Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Federal Emergency Management Agency: City Manager transmitting information on the correspondence from the Federal Emergency Management Agency regarding the proposed flood plain maps for the City of Dubuque. Upon motion the documents were received and filed. Roosevelt Road Water Tower Project: City Manager recommending acceptance of the warranty deed for property at 3301 Roosevelt Avenue from Fondell Excavating, Inc., for the Roosevelt Street Water Tower Project. Upon motion the documents were received and filed and Resolution No. 199-10 Accepting the deed to certain real estate in Dubuque County, Iowa, from Fondell Excavating, Inc., was adopted. Government Finance Officers Association: City Manager advising that the City has received nd for the 22 consecutive year the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal year ended June 30, 2009. Upon motion the documents were received and filed. 3 Iowa Department of Natural Resources (IDNR) Funding Contract: City Manager recommending approval of Amendment #1 to the Iowa Department of Natural Resources funding contract regarding the E.B. Lyons Center expansion project. Upon motion the documents were received, filed, and approved. Terminal Street Pumping Station Improvements Project: City Manager recommending acceptance of the Terminal Street Pumping Station Improvements Project as completed by Morse Electric in the final amount of $615,475. Upon motion the documents were received and filed and Resolution No. 200-10 Accepting the Terminal Street Pumping Station Improvements Project and authorizing payment of the contract amount to the contractor was adopted. Citizen Communication: Communication from Vaughan C. Yaklin requesting that the City Council consider a resolution regarding substantial reformative legislation reining in the derivatives market. Upon motion the documents were received and filed. Creation of Recovery Zone Area: City Manager recommending approval of the creation of a Recovery Zone Area to facilitate the use of Recovery Zone Bonds and Recovery Zone Economic Development Bonds. Upon motion the documents were received and filed and Resolution No. 201-10 Approving the establishment of a Recovery Zone Area within the City of Dubuque was adopted. Purchase of Unbudgeted Utility Truck/Welder Unit: City Manager recommending approval of the purchase of an unbudgeted utility truck/welder unit for the Parking Division. Upon motion the documents were received, filed, and approved. Workers’ Compensation Claim: City Manager recommending approval of the settlement of the workers’ compensation claim of John Gotto. Upon motion the documents were received, filed, and approved. National Mississippi River Museum and Aquarium: Communication from Jerry Enzler, Executive Director – Dubuque County Historical Society, requesting to lease the land between the National Mississippi River Museum and Aquarium and the new National River Center. Upon motion the document was received and filed and referred to the City Manager. Americans with Disabilities Commemoration Roundtable: Communication from the Human Rights Commission inviting the City Council to attend the ADA Commemoration Roundtable to be held on Thursday, July 8, 2010. Upon motion the document was received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 202-10 Granting the issuance of a Class “B” Beer Permit to the Colts Community Center and a Class “C” Beer Permit to Pioneers Rest Stop; Resolution No. 203-10 Granting the issuance of a Class “C” Beer/Liquor License to Mason Dixon Saloon, National River Museum, Applebee’s Grill and Bar, Creslanes Bowling, Fischer Lanes, Rotary Club, American Legion, Paul’s Tavern and Five Flags Center; a Class “B” Wine Permit to Ooh LaLa; Class “B” Wine (Six Month) Permit to Church of the Resurrection and a Class “C” Beer/Liquor License (Five Day Special Event) to Dubuque Area Labor Management Council; and Resolution No. 204-10 4 Granting the issuance of fifty-two (52) renewal permits to sell cigarettes within the City of Dubuque were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Dubuque County Lease: City Manager recommending that a public hearing be set for July 6, 2010 to consider a proposed five year lease with Dubuque County for space in the Historic Federal Building. Upon motion the documents were received and filed and Resolution No. 205- 10 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque County was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. Riverfront Marina – Ice Harbor Location: City Manager recommending that a public hearing be set for July 6, 2010 to consider the Riverfront Marina – Ice Harbor location. Upon motion the documents were received and filed and Resolution No. 206-10 Setting a time and place for a public hearing for the Port of Dubuque – Riverfront Marina Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. Easement Agreement for Washington Row Houses Project: City Manager recommending that a public hearing be set for July 6, 2010 to consider the disposition of real property owned by the City in the form of an easement agreement for common uses of property at the th “Washington Row Houses” located at 1765 – 1795 Washington Street and 260 East 18 Street. Upon motion the documents were received and filed and Resolution No. 207-10 Setting a public hearing on a proposed easement agreement between the City of Dubuque , Iowa, (City), Keith Karlton Clark and Mary E. Clark (Clark), DB&T Community Development Corp. (DB&T CDC), and Gary F. Bishop (Bishop), establishing rights and duties of the parties relating to the Washington Street Row Houses Projectwas adoptedsetting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending initiation of the public bidding process for the IA 32 and Asbury Road Turn Lane Improvements Project and that a public hearing be set for July 6, 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. 208-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 and Asbury Road Turn Lane Improvements Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments were made to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Arts Community Representatives). Four 3- year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants: 5 Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 900 Clarke Drive; Paul Kohl, 60 Lindberg Terrace; Marina O’Rourke Rosenow, 2085 Mullen Road; and Susan Riedel, 282 Kelly’s Bluff. Upon roll call vote Paul Hemmer, Louise Kames, Marina O’Rourke Rosenow, and Susan Riedel were appointed to the Arts and Cultural Affairs Advisory Commission for 3-year terms through June 30, 2013. Council Member Resnick abstained from a fourth choice citing a conflict of interest. Civic Center Commission: Three 3-year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt). Applicants: Rod Bakke, 3030 Karen Street; Marilynne Field, 1805 Eden Lane; Barb Kurt, 1304 Atlantic Street. Motion by Braig to appoint Rod Bakke, Marilynne Field, and Barb Kurt to the Civic Center Commission for 3-year terms through June 29, 2013. Seconded by Connors. Motion carried 7-0. Historic Preservation Commission (Jackson Street Historic District). One 3-year term th through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17 Street. Motion by Connors to appoint Robert McDonell to the Historic Preservation Commission’s Jackson Street Historic District for a 3-year term through July 1, 2013. Seconded by Braig. Motion carried 7-0. Human Rights Commission: One 3-year term through January 1, 2011 (Vacant term of Allan). Applicants: Frederick Davis, Jr., 2374 Green Street; and Robert Yunk, 815 Rose Street. Upon roll call vote Frederick Davis, Jr. was appointed to the Human Rights Commission to complete a 3-year term through January 1, 2011. Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Reisdorf and Ruden). Applicants: Stephen Reisdorf, 740 Brookview Square; and Gary st Ruden, 325 West 1 Street. Motion by Connors to appoint Stephen Reisdorf and Gary Ruden to the Investment Oversight Advisory Commission for 3-year terms through July 1, 2013. Seconded by Braig. Motion carried 7-0. Library Board of Trustees – Mayor Appointment: Two 4-year terms through July 1, 2014 (Terms of Guns and Kolz). Applicants: Diann Guns, 1715 Diane Court; Fred Miller, 2462 Central Avenue; Gail Murphy, 3097 Oak View Court; and Lorri Regan, 2659 Queen Street. Upon City Council concurrence, Mayor Buol appointed Diann Guns and Fred Miller to the Library Board of Trustees for 4-year terms through July 1, 2014. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Prochaska and Winterwood). Applicants: Lou Oswald, 1080 Nowata Street; James Prochaska, 1410 Parkway Street; and Charles Winterwood, 1555 Montrose Terrace. Upon roll call vote, James Prochaska and Charles Winterwood were appointed to the Long Range Planning Advisory Commission for 3-year terms through July 1, 2013. Park and Recreation Commission: Three 3-year terms through June 30, 2013 (Terms of th Harjehausen, Hoffmann, Lyness). Applicants: Shane Duncan, 623 West 8 Street; Don Foley, 2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley Street; Kenneth Klinge, 2267 Carter Road; Karen Lyness, 89 Alpine Street; and David Schlueter, 2645 Crescent Ridge. Upon roll call vote, Paul Hoffman, Karen Lyness, and David Schlueter were appointed to the Park and Recreation Commission for 3-year terms through June 30, 2013. TV Cable Regulatory Commission: One 3-year terms through June 30, 2013 (Term of Stevens). Applicant: Kevin Stevens, 1735 Lawndale Street. Motion by Connors to appoint Kevin Stevens to the TV Cable Regulatory Commission for a 3-year term through June 30, 2013. Seconded by Braig. Motion carried 7-0. Zoning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Norton and Stiles). Applicants: Patrick Norton, 2739 Burden Avenue; and Jeff Stiles, 3087 Central Avenue. 6 Motion by Braig to appoint Patrick Norton and Jeff Stiles to the Zoning Advisory Commission for 3-year terms through July 1, 2013. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. University of Dubuque – Amend Institutional District: Proof of publication on notice of public hearing to consider a request from the University of Dubuque to amend the ID Institutional District to allow construction of an expanded parking lot, a new parking lot, and a new office/classroom building near the corner of Finley and West Streets and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 28-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan to allow construction of an expanded parking lot, a new parking lot, and a new office/classroom building for the University of Dubuque ID Institutional District near the corner of Finley and West Streets. Seconded by Braig. Vice President of Finance for the University of Dubuque Jim Steiner provided a presentation in support of the request. Planning Services Manager Laura Carstens provided a staff report.. Motion carried 7-0. Request to Rezone – Toby Kress: Proof of publication on notice of public hearing to consider a request from Toby Kress to rezone the west portion of Lot 1 Kunde Place #3 located on Old Highway Road from AG Agricultural District to CR Commercial Recreation District and Zoning Advisory Commission recommending approval. Motion by Jones 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. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 29-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of Old Highway Road from AG Agricultural District to CR Commercial Recreation District with conditions. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report and stated that as required property owners within 200 feet of the area were informed of the request and the public hearing process. Developer Toby Kress, 3020 N. Cascade Road, spoke in support of the proposed ordinance. Motion carried 7-0. Request to Rezone – Scott Potter: Proof of publication on notice of public hearing to consider a request from Scott Potter to rezone property located at 525 Garfield Avenue / 1907 and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. 7 Motion by Connors for final consideration and passage of Ordinance No. 30-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 525 Garfield and 1907 and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District. Seconded by Braig. Scott Potter, 515 Garfield, spoke in support of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Victory Café – Development Agreement: Proof of publication on notice of public hearing to consider a Development Agreement between the City and Victory Café – Dubuque, Inc., to redevelop property at 756 Main Street and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 209-10 Approving a Development Agreement with Victory Café – Dubuque, Inc., for the property located at 756 Main Street. Seconded by Connors. Motion carried 7-0. Loan Agreement with Iowa Finance Authority: Proof of publication on notice of public hearing to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create workforce housing rental units in the Historic Millwork District and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 210- 10 Instituting proceedings to take additional action for the authorization of a loan agreement with the Iowa Finance Authority; Resolution No. 211-10 Approving and authorizing a form of loan agreement and authorizing and providing for the issuance and securing the payment of a promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said note; and Resolution No. 212-10 Approving a loan agreement with the Iowa Finance Authority (IFA) on behalf of the City of Dubuque to establish a local revolving loan fund for workforce and market rate housing in the Historic Millwork District. Seconded by Voetberg. Dubuque Main Street Executive Director Dan LoBianco spoke in support of the recommendation. Motion carried 7-0. thth Green Alley Project – 15 to 16 Street from Washington to Elm Streets: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract thth and estimated cost for the Green Alley Project – 15 to 16 Street from Washington to Elm Streets. Motion by Voetberg to receive and file the documents and adopt Resolution No. 213- 10 Approving plans, specifications, form of contract, and estimated cost for the Green Alley thth Project – 15 to 16 Street from Washington to Elm Streets. Seconded by Connors. Motion carried 7-0. Dubuque Regional Airport – Jet Drive Resurfacing Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Dubuque Regional Airport – Jet Drive Resurfacing Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 214-10 Approving plans, specifications, form of contract and estimated cost for the Dubuque Regional Airport – Jet Drive Resurfacing Project. Seconded by Braig. Motion carried 7-0. IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project and City Manager recommending approval. Motion by Braig to receive and file 8 the documents and adopt Resolution No. 215-10 Approving plans, specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project. Seconded by Jones. Motion carried 7-0. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 216-10 Approving plans, specifications, form of contract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. Seconded by Voetberg. Motion carried 7-0. Neighborhood Stabilization Program: Proof of publication on notice of public hearing to consider submission of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program (NSP) funds and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 217- 10 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds. Seconded by Resnick. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Works: Sarah Harris, Director of Workforce Development, provided a verbal update on Dubuque Works. Greater Dubuque Development Corporation: Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, provided a verbal update on the activities of the Greater Dubuque Development Corporation. Motion by Jones to receive and file the reports. Seconded by Voetberg. Motion carried 7-0. Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support: Arts and Cultural Affairs Advisory Commission recommending approval of thirteen Fiscal Year 2011 Arts and Cultural Funding Program Operating Support requests and authorization for the City Manager to sign the funding agreements. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2011 Special Projects Arts and Cultural Grant Program: Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2011 Arts and Cultural Grant Program for Special Projects and authorization for the City Manager to sign the grant agreements. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Solid Waste Collection Fees: City Manager recommending approval of a proposed ordinance regarding solid waste collection fees. Motion by Jones 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. Seconded by Connors. Motion carried 7-0. Motion by Voetberg for final consideration and passage of Ordinance No. 31-10 Repealing City of Dubuque Ordinance 16-10, amending Title 13 Public Utilities, Chapter 6 Solid Waste, 9 Section 13-6A-6 Rates and Charges Established; Exceptions, Subsections A, B, C, D, and E; and amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-8 Yard Waste and Food Scraps, Subsection D. Seconded by Jones. Motion carried 7-0. Water Pollution Control Plant Modification Project: City Manager recommending award of the public improvement contract for the Water Pollution Control Plant Modification Project to Miron Construction Co., Inc., of Cedar Rapids, Iowa, for the base bid amount of $49,750,000 and also authorize the inclusion of bid alternatives 1B, 2 and 6 for an additional amount of $757,418 and further recommending a sewer rate increase for Fiscal Year 2011. Motion by Connors to receive and file the documents, adopt Resolution No. 218-10 Construction contract for the Water Pollution Control Plant Modification Project, 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. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 32-10 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by increasing the rates. Seconded by Jones. Responding to questions from City Council, Water Pollution Control Plant Manager Jonathan Brown stated that the City paid Story Construction $50,000 for the initial project estimate, which included a constructability analysis, drawings, and complicated specifications. Upon request from Lynch, Brown will provide an explanation from Story Construction regarding their miscalculation of the project estimate. Brown added that microturbines can be installed incrementally over the 20-year design capacity of the plant. Motion carried 7-0. All-Terrain Vehicles / Safety Belts / Child Restraint Devices: City Manager recommending approval of four ordinances regarding all-terrain vehicles, safety belts and child restraint devices to bring the City of Dubuque Code of Ordinances up-to-date with State Code changes. Motion by Jones 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. Seconded by Voetberg. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 33-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions by amending the definition of all-terrain vehicles; Ordinance No. 34-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 5 Obedience to and Effect of Traffic Laws, Section 9-5-321.234A All-Terrain Vehicles by amending certain roadway use restrictions therein; Ordinance No. 35- 10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.445 Safety Belts and Safety Harnesses by modifying the age when safety belt use is required and establishing the violations and penalties for failure to wear safety belts; and Ordinance No. 36-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.446 Child Restraint Devices by modifying the age when use of child restraint devices or safety belts is required and providing exceptions to such requirements and providing the process for establishing violations for failure to use child restraint devices or safety belts. Seconded by Jones. Addressing concerns expressed by City Council, City Attorney Lindahl will check on additional restrictions for the use of ATVs within the City limits. Motion carried 7-0. Dubuque County Empowerment (Tabled on June 7, 2010): Communication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Dubuque County Empowerment 10 Board. The Dubuque County Empowerment Board meetings are held on the last Tuesday of each month from 11:30 a.m. to 1:00 p.m. Motion by Connors to remove from the table. Seconded by Jones. Motion carried 7-0. Motion by Voetberg to receive and file the documents and appoint Council Member Jones as the City’s representative to the Dubuque County Empowerment Board. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg requested City Council concurrence to have staff form a partnership with the school system regarding additional recreational activities and sharing of facilities. Resnick reported that he recently greeted a group of visitors from Wisconsin who stated they were thrilled with the treatment they received while in Dubuque. Resnick, Jones, and Voetberg reported on their attendance at the recent Bridges Out of Poverty graduation. Connors reported on her attendance at the National League of Cities Conference on the Reconnecting Disengaged Youth and that Dubuque was one of four cities invited to participate. Connors added that this concept needs more local exposure and elected official involvement. She requested regular updates from the Community Foundation of Greater Dubuque on Every Child / Every Promise. PUBLIC INPUT School Board Member George Davis, 120 So. Grandview Avenue, provided additional information regarding Voetberg’s suggestion of a recreational partnership stating that starting a dialogue would be helpful to address needs and opportunities. CLOSED SESSION Motion by Jones to go into closed session at 8:43 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 10:02 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 10:03 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/30 11