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Proof of Publication_City Council Proceedings 6 21 10a a :e 6, ic id e- ty d- ie 55 5- ie ct r- 6, o- ld of ad ie e- id 10 of I5, id 10 ig or ry 11- ct a a ce 6, - ic re rig \f- is- Jr gh of hl, ts: m, Id er, et; 00 hl, :e; R- id; 82 011 =_r, na w, re is i rs on ns 13. er im l a is- ar ?9, ce, 30 Lawndale Street. Mo- tion by Connors to ap- point Kevin Stevens to the TV Cable Regulato- ry Commission for a 3- year term through June 30, 2013. Seconded by Braig. Motion carried 7 -0. Zoning Advisory Com- mission: 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. Motion by Braig to appoint Pat- rick Norton and Jeff Stiles to the Zoning Ad- visory Commission for 3 -year terms through July 1, 2013. Seconded by Lynch. Motion car- ried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. University of Dubuque - Amend Institutional District: Proof of publi- cation on notice of public hearing to con- sider a request from the University of Dubu- que to amend the ID In- stitutional District to allow construction of an expanded parking lot, a new parking lot, and a new office/ classroom building near the corner of Fin- ley and West Streets and the Zoning Adviso- ry Commission recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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. Se- conded by Braig. Mo- tion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 28 -10 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by pro- viding 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 Dubu- que ID Institutional Dis- trict near the corner of opment Agreement be- tween the City and Vic- tory Cafe - Dubuque, Inc., to redevelop prop- erty at 756 Main Street and City Manager rec- ommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 209 -10 Approving a Develop- ment Agreement with Victory Cafe - Dubu- que, Inc., for the prop- erty located at 756 Main Street. Seconded by Connors. Motion carried 7 -0. Loan Agreement with Iowa Finance Authori- ty: Proof of publication on notice of public hearing to consider a loan agreement with the Iowa Finance Au- thority for $4.5 million to create workforce housing rental units in the Historic Millwork District and City Man- ager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 210 -10 Instituting pro- ceedings to take addi- tional action for the au- thorization of a loan agreement with the Io- wa Finance Authority; Resolution No. 211 -10 Approving and author- izing a form of loan agreement and author - jzing and providing for the issuance and se- curing the payment of a promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said note: and Reso- lution No. 212 -10 Ap- proving a loan agree- ment with the Iowa Fi- nance 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. Mo- tion carried 7 -0. Green Alley Project - 15th to 16th Street from Washington to Elm Streets: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Green Alley Project - 15th to 16th Street from Washing- . Greater ashing- Greater Dubuque De- velopment Corpora- tion, provided a verbal update on the activities of the Greater Dubuque Development Corpora- tion. Motion by Jones to re- ceive and file the re- ports. Seconded by Voetberg. Motion car- ried 7-0. Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support: Arts and Cul- tural Affairs Advisory Commission recom- mending approval of thirteen Fiscal Year 2011 Arts and Cultural Funding Program Oper- ating Support requests and authorization for the City Manager to sign the funding agree- ments. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Lynch. Motion carried 7-0. Fiscal Year 2011 Spe- cial Projects Arts and Cultural Grant Pro- gram: Arts and Cultural Affairs Advisory Com- mission recommending approval of the Fiscal Year 2011 Arts and Cul- tural 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 ap- prove the recommen- dation. Seconded by Resnick. Motion car- ried 7 -0. Solid Waste Collection Fees: City Manager recommending appro- val of a proposed ordi- nance regarding solid waste collection fees. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Connors. Motion carried 7 -0. Motion by Voetberg for final consideration and passage of Ordi- nance No. 31 -10 Re- pealing City of Dubu- que Ordinance 16 -10, amending Title 13 Pub- lic Utilities, Chapter 6 Solid Waste, Section 13 -6A -6 Rates and Charges Established; Ordinance No. 35 -10 Amending the City of Dubuque Code of Ordi- nances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9 -12- 321.445 Safety Belts and Safety Harnesses by modify- ing the age when safe- ty belt use is required and establishing the vi- olations and penalties for failure to wear safety belts; and Ordi- nance No. 36 -10 Amending the City of Dubuque Code of Ordi- nances 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 re- straint devices or safe- ty belts is required and providing exceptions to such requirements and providing the process for establishing viola- tions 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 Em- powerment (Tabled on June 7, 2010): Commu- nication from Wayne Demmer, Chair, Dubu- que County Empower- ment Board Develop- ment Committee, issu- ing an invitation for a City Council represen- tative to serve on the Dubuque County Em- powerment Board. The Dubuque County Em- powerment Board meetings are held on the last Tuesday of each month from 11:30 a.m. to 1:00 p.m. Mo- tion by Connors to re- move from the table. Seconded by Jones. Motion carried 7 -0. Motion by Voetberg to receive and file the documents and ap- point Council Member Jones as the City's rep- resentative to the Du- buque County Empow- erment Board. Second- ed by Lynch. Motion carried 7 -0. COUNCIL MEMBER REPORTS Voetberg requested City Council concur- rence to have staff form a partnership with the school system STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION 1, 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: June 30, 2010, and for which the charge is $451.83. 794, Subscribed to before mc, a Notary Public in and for Dubuque County, Iowa, this l day of , 20 O . Not Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 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 Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business tion No. 191 -10 Approv- ing the agreement be- tween the City of Du- buque, Iowa, and the International Union of Operating Engineers, Local #758 and author- izing the Mayor to sign the Agreement was adopted. Interagency Agree- ment between the City of Dubuque and Dubu- que County Board of Health: City Manager recommending appro- val of an Interagency Agreement with the Dubuque County Board of Health for the in- spection and enforce- ment of swimming pools and spas, tattoo parlors and tanning fa- cilities in Dubuque County. Upon motion the documents were received, filed, and ap- proved. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubu- que Regional Airport Wastewater Treatment Facility. City Manager provid- ing information related to the June 11, 2010 let- ter from the Iowa De- partment of Natural Resources. Upon motion the documents were re- ceived and filed. Final Plat - Inland Mo- lasses Place No. 2: Zon- ing Advisory Commis- sion recommending approval of the final plat of Inland Molasses Place No. 2 as request- ed by the City of Dubu- que - Engineering De- partment. 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 Advi- sory Commission rec- ommending approval of the final plat of Cen- ter City Place #2 locat- ed at the southwest corner of East llth and Washington Streets as requested by Mid America Holdings. Upon motion the docu- ments were received and filed and Resolu- tion No. 193 -10 Approv- ing the final plat of posed flood plain maps for the City of Dubu- que. Upon motion the documents were re- ceived and filed. Roosevelt Road Water Tower Project: City Manager recommend- ing acceptance of the warranty deed for property at 3301 Roo- sevelt 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 Excavat- ing, Inc., was adopted. Government Finance Officers Association: City Manager advising that the City has re- ceived for the 22nd consecutive year the Government Finance Officers Association Certificate of Achieve- ment for Excellence in Financial Reporting for the City's Comprehen- sive Annual Financial Report for the fiscal year ended June 30, 2009. Upon motion the documents were re- ceived and filed. Iowa Department of Natural Resources (IDNR) Funding Con- tract: City Manager recommending appro- val of Amendment #1 to the Iowa Depart- ment of Natural Re- sources funding con- tract regarding the E.B. Lyons Center expan- sion project. Upon mo- tion the documents were received, filed, and approved. Terminal Street Pumping Station Im- provements Project: City Manager recom- mending acceptance of the Terminal Street Pumping Station Im- provements Project as completed by Morse Electric in the final amount of $615,475. Upon motion the docu- ments were received and filed and Resolu- tion No. 200-10 Accept- ing the Terminal Street Pumping Station Im- provements Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Citizen Communica- tion: Communication from Vaughan C. Yaklin recommending that a public hearing be set for July 6, 2010 to con- sider a proposed five year lease with Dubu- que 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 proper- ty owned by the City of Dubuque by lease be- tween the City of Du- buque, Iowa, and Du- buque County was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. Riverfront Marina - Ice Harbor Location: City Manager recom- mending 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 hear- ing for the Port of Du- buque - Riverfront Mar- ina Project was adopt- ed 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 recommend- ing that a public hear- ing 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 "Wash- ington Row Houses "lo - cated at 1765 - 1795 Washington Street and 260 East 18th Street. Upon motion the docu- ments were received and filed and Resolu- tion 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 Develop- ment Corp. (DB &T CDC), and Gary F. Bish- op (Bishop), establish- ing rights and duties of the parties relating to the Washington Street Row Houses Project 1st Street. Motion by Connors to appoint Stephen Reisdorf and Gary Ruden to the In- vestment Oversight Advisory Commission for 3 -year terms through July 1, 2013. Seconded by Braig. Motion carried 7 -0. Library Board of Trustees - Mayor Ap- pointment: 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 con- currence, Mayor Buol appointed Diann Guns and Fred Miller to the Library Board of Trust- ees 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). Ap- plicants: 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 Harjehausen, Hoff- mann, Lyness). Appli- cants: Shane Duncan, 623 West 8th Street; Don Foley, 2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley Street; Kenneth Klinge, 2267 Carter Road; Ka- ren Lyness, 89 Alpine Street; and David Schlueter, 2645 Cres- cent Ridge. Upon roll call vote, Paul Hoff- man, 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 ation D with con- ditions. Seconded by Connors. Planning Ser- vices Manager Laura Carstens provided a staff report and stated that as required prop- erty owners within 200 feet of the area were informed of the re- quest and the public hearing process. Devel- oper 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 locat- ed at 525 Garfield Ave- nue / 1907 and 1911 Johnson Street from C- 1 Neighborhood Com- mercial District and R- 2A Alternate Two - Family Residential Dis- trict to C -3 General Commercial District and Zoning Advisory Commission recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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. Se- conded by Jones. Mo- tion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 30 -10 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by re- classifying hereinafter described property lo- cated at 525 Garfield and 1907 and 1911 Johnson Street from C- 1 Neighborhood Com- mercial District and R- 24 Alternate Two - Family Residential Dis- trict to C -3 General Commercial District. Seconded by Braig. Scott Potter, 515 Gar- field, spoke in support of the proposed ordi- nance. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7 -0. Victory Cafe - Devel- opment Agreement: Proof of publication on notice of public hear- ing to consider a Devel- receive and file the documents and adopt Resolution No. 215 -10 Approving plans, speci- fications, form of con- tract and estimated cost for the IA 32 Geo- metric and Signali- zation Improvements - US 20 to JFK Road Proj- ect. Seconded by Jones. Motion carried 7 -0. Tenth and Central Parking Ramp and Fire Headquarters Expan- sion 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 recom- mending approval. Mo- tion 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 Expan- sion Project. Seconded by Voetberg. Motion carried 7 -0. Neighborhood Stabili- zation Program: Proof of publication on no- tice of public hearing to consider submission of an application to the Iowa Department of Economic Development (IDED) for Neighbor- hood Stabilization Pro- gram (NSP) funds and City Manager recom- mending approval. Mo- tion by Voetberg to re- ceive and file tf)e docu- ments and adopt Reso- lution No. 217 -10 Au- thorizing an applica- tion to the Iowa De- partment of Economic Development (IDED) for Neighborhood Sta- bilization Program funds. Seconded by Resnick. Motion car- ried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Dubuque Works: Sar- ah Harris, Director of Workforce Develop- ment, provided a ver- bal update on Dubuque Works. Greater Dubuque De- velopment Corpora- tion: Rick Dickinson, Executive Director - and 13- 2C- 3(C)(7) Es- tablishing Basic Sewer Rates for Residential and Commercial Users by increasing the rates. Seconded by Jones. Re- sponding to questions from City Council, Wa- ter Pollution Control Plant Manager Jona- than Brown stated that the City paid Story Construction $50,000 for the initial project estimate, which includ- ed a constructability analysis, drawings, and complicated specifica- tions. Upon request from Lynch, Brown will provide an explanation from Story Construc- tion 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 Re- straint Devices: City Manager recommend- ing approval of four or- dinances regarding all - terrain vehicles, safety belts and child re- straint 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 ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Voetberg. Motion car- ried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 33 -10 Amending the City of Dubuque Code of Ordinances Ti- tle 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9 -1 -321.1 Defi- nitions by amending the definition of all - terrain vehicles; Ordi- nance No. 34 -10 Amending the City of Dubuque Code of Ordi- nances 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; pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Second- ed 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 fur- ther business, upon motion the City Council adjourned at 10:03 p.m. /s /Jeanne F. 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Inc. 563-875-2481 www.dyersvillesales.com Quality Angus Bulls Length & height, gentle 563-543-3366 Machinery -Tools Allt s — at - Access Dubuque 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: June 30, 2010, and for which the charge is $451.83. a pdar Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this l day of � j , , 20 t C . KPc,pz, Not Public in and for Dubuque County, Iowa. 'ow" - JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 wwW.americanofdubuque.com 2115 JFK, Dubuque ionnlu wvn.un• r ZSSS-6tz-E9S'an '2 3x8FIND that may properly some before the City ^ouncil. VPledge of Allegiance Invocation was pro- vided 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 Mo- ments Month (July, 2010). PRESENTATION Preservation Iowa 2010 Preservation at its Best Award (Historic Millwork District Mas- ter Plan) was accepted by Planning Services Manager Laura Car- stens. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: City Coun- cil of 6/7; Historic Pres- ervation Commission of 5/20; Housing Code Appeals Board of 4/20; Human Rights Commis- sion 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 Pro- ceedings of May 17, 2010 and List of Claims and Summary of Reve- nues for Month Ended April 30, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/ Suits: Susan Welp for vehicle damage; Kerry Robey for vehicle dam- age; 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 re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance 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 docu- ments were received, filed and concurred. Specific and Aggre- gate Stop Loss Renew- al - Health and Pre- scription Drug: City Manager recommend- ing approval of the re- newal rates submitted by American National Life of Texas Life for the City's specific and aggregate stop loss in- surance - health -and prescription drug plans. Upon motion the documents were re- ceived, filed, and ap- proved. Reclassification of Truck Driver Position: City Manager recom- mending that the Truck Driver positions in the Water Department be reclassified as Water Distribution Mainte- Center City Place #2 in the City of Dubuque, Iowa, was adopted. Final Plat - Center City Place #3: Zoning Advi- sory Commission rec- ommending approval of the final plat of Cen- ter City Place #3 locat- ed at the southwest corner of East loth and Washington Streets as requested by Ware- house Redevelopment, LLC. Upon motion the documents were re- ceived and filed and Resolution No. 194-10 Approving the final plat of Center City Place #3 in the City of Dubuque, Iowa, was adopted. Final Plat - Center City Place #4: Zoning Advi- sory Commission rec- ommending approval of the final plat of Cen- ter City Place #4 locat- ed at the southeast corner of East 10th and Jackson Streets as re- quested 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 Advi- sory Commission rec- ommending approval of the final plat of Cen- ter City Place #5 locat- ed at the northeast corner of East loth and Jackson Streets as re- quested by Mid Ameri- ca Holdings. Upon mo- tion 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 Recon- struction Project: City Manager recommend- ing award of the public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project to Mathy Con- struction Company in the amount of $248,673.25. Upon mo- tion the documents were received and filed and Resolution No. 197- 10 Awarding public im- provement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project was adopted. Sustainable Cities In- stitute (SCI) Pilot Com- munity Application: City Manager recom- mending approval of the Sustainable Cities Institute grant applica- tion in the amount of $500,000. Upon motion the documents were received, filed, and ap- proved. Third Street Overpass Bridge Repair Project: City Manager recom- mending approval of the Iowa Department of Transportation Sup- plemental Funding Agreement for the Third Street Overpass Bridge Repair Project. Upon motion the docu- ments were received and filed and Resolu- requesting that the City Council consider a resolution regarding substantial reformative legislation reining in the derivatives market. Upon motion the docu- ments were received and filed. Creation of Recovery Zone Area: City Man- ager recommending approval of the crea- tion of a Recovery Zone Area to facilitate the use of Recovery Zone Bonds and Recov- ery Zone Economic De- velopment Bonds. Upon motion the docu- ments were received and filed and Resolu- tion No. 201-10 Approv- ing the establishment of a Recovery Zone Area within the City of Dubuque was adopted. Purchase of Unbud- geted Utility Truck/ Welder Unit: City Man- ager recommending approval of the pur- chase of an unbud- geted utility truck/ welder unit for the Parking Division. Upon motion the documents were received, filed, and approved. Wor kers' Compensa- tion tion Claim: City Manag- er recommending ap- proval of the settle- ment of the workers' compensation claim of John Gotto. Upon mo- tion the documents were received, filed, and approved. National Mississippi River Museum and Aquarium: Communi- cation from Jerry Enzler, Executive Direc- tor - Dubuque County Historical Society, re- questing to lease the land between the Na- tional Rive r Mis sissippi s Pp Museum and Aquarium and the new National River Center. Upon mo- tion the document was received and filed and referred to the City Manager. Americans with Disa- bilities Commemora- tion Roundtable: Com- munication from the Human Rights Commis- sion inviting the City Council to attend the ADA Commemoration Roundtable to be held on Thursday, July 8, 2010. Upon motion the document was re- ceived and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 202-10 Granting the issuance of a Class "B" Beer Per- mit to the Colts Com- munity 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 Ma- son Dixon Saloon, Na- tional 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" 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. IA 32 and Asbury Road Turn Lane Improve- ments Project: City Manager recommend- ing initiation of the public bidding process for the IA 32 and As- bury Road Turn Lane Improvements Project and that a public hear- ing be set for July 6, 2010 to consider appro- val of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 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 Im- provements 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 Af- fairs Advisory Commis- sion (Arts Community Representatives). Four 3-year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants: Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 900 Clarke Drive; iv Paul Kohl, I 60 Lindberg Terrace; Marina O'Rourke Rose - now, 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 Commis- sion: Three 4-year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt). Appli- cants: Rod Bakke, 3030 Karen Street; Mari- lynne 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 Commis- sion for 4-year terms through June 29, 2013. Seconded by Connors. Motion carried 7-0. Historic Preservation Commission (Jackson Street Historic Dis- trict). One 3-year term through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17th Street. Motion by Connors to appoint Robert McDonell to the Historic Preservation Commission's Jackson Lawndale Street. Mo- tion by Connors to ap- point Kevin Stevens to the TV Cable Regulato- ry Commission for a 3- year term through June 30, 2013. Seconded by Braig. Motion carried 7-0. Zoning Advisory Com- mission: 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. Motion by Braig to appoint Pat- rick Norton and Jeff Stiles to the Zoning Ad- visory Commission for 3-year terms through July 1, 2013. Seconded by Lynch. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. University of Dubuque - Amend Institutional District: Proof of publi- cation on notice of public hearing to con- sider a request from the University of Dubu- que to amend the ID In- stitutional District to allow construction of an expanded parking lot, a new parking lot, and a new office/ classroom building near the corner of Fin- ley and West Streets and the Zoning Adviso- ry Commission recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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. Se- conded by Braig. Mo- tion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 28-10 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by pro- viding 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 Dubu- que ID Institutional Dis- trict near the corner of Finley and West Streets. Seconded by Braig. Vice President of Finance for the Univer- sity of Dubuque Jim Steiner provided a pre- sentation in support of the request. Planning Services Manager Laura Carstens provid- ed a staff report. Mo- tion 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 por- tion of Lot 1 Kunde Place #3 located on Old Highway Road from AG Agricultural District to CR Commer- cial Recreation District . -. ___ ._ .... ..__1_1_. .-.___+ ,7nninn A rhfienrw opment Agreement be- tween the City and Vic- tory Cafe - Dubuque, Inc., to redevelop prop- erty at 756 Main Street and City Manager rec- ommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 209-10 Approving a Develop- ment Agreement with Victory Cafe - Dubu- que, Inc., for the prop- erty located at 756 Main Street. Seconded by Connors. Motion carried 7-0. Loan Agreement with Iowa Finance Authori- ty: Proof of publication on notice of public hearing to consider a loan agreement with the Iowa Finance Au- thority for $4.5 million to create workforce housing rental units in the Historic Millwork District and City Man- ager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 210-10 Instituting pro- ceedings to take addi- tional action for the au- thorization of a loan agreement with the Io- wa Finance Authority; Resolution No. 211-10 Approving and author- izing a form of loan agreement and author- jzing and providing for the issuance and se- curing the payment of a promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said note; and Reso- lution No. 212-10 Ap- proving a loan agree- ment with the Iowa Fi- nance 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. Mo- tion carried 7-0. Green Alley Project - 15th to 16th Street from Washington to Elm Streets; Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Green Alley Project - 15th to 16th Street from Washing- ton to Elm Streets. Mo- tion by Voetberg to re- ceive and file the docu- ments and adopt Reso- lution No. 213-10 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the Green Alley Project - 15th to 16th Street from Washing- ton to Elm Streets. Seconded by Connors. Motion carried 7-0. Dubuque Regional Air- port - Jet Drive Resur- facing 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 Proj- art anti City MAannnar Greater Dubuque De- velopment Corpora- tion, provided a verbal update on the activities of the Greater Dubuque Development Corpora- tion. Motion by Jones to re- ceive and file the re- ports. Seconded by Voetberg. Motion car- ried 7-0. Fiscal Year 2011 Arts and Cultural Funding Program for Operating. Support: Arts and Cul- tural Affairs Advisory Commission recom- mending approval of thirteen Fiscal Year 2011 Arts and Cultural Funding Program Oper- ating Support requests and authorization for the City Manager to sign the funding agree- ments. Motion by Voetberg to receive and file the documents and approve the rec- ommendation. Second- ed by Lynch. Motion carried 7-0. Fiscal Year 2011 Spe- cial Projects Arts and Cultural Grant Pro- gram: Arts and Cultural Affairs Advisory Com- mission recommending approval of the Fiscal Year 2011 Arts and Cul- tural 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 ap- prove the recommen- dation. Seconded by Resnick. Motion car- ried 7-0. Solid Waste Collection Fees: City Manager recommending appro- val of a proposed ordi- nance regarding solid waste collection fees. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Second- ed by Connors. Motion carried 7-0. Motion by Voetberg for final consideration and passage of Ordi- nance No. 31-10 Re- pealing City of Dubu- que Ordinance 16-10, amending Title 13 Pub- lic Utilities, Chapter 6 Solid Waste, Section 13-6A-6 Rates and Charges Established; Exceptions, Subsec- tions 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, Sub- section D. Seconded by Jones. Motion carried 7-0. Water Pollution Con- trol Plant Modification Project: City Manager recommending award of the .public improve- ment contract for the Water Pollution Control Plant Modification Pro- ject to Miron Construc- tion 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 Ordinance No. 35-10 Amending the City of Dubuque Code of Ordi- nances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.445 Safety Belts and Safety Harnesses by modify- ing the age when safe- ty belt use is required and establishing the vi- olations and penalties for failure to wear safety belts; and Ordi- nance No. 36-10 Amending the City of Dubuque Code of Ordi- nances 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 re- straint devices or safe- ty belts is required and providing exceptions to such requirements and providing the process for establishing viola- tions 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 Em- powerment (Tabled on June 7, 2010): Commu- nication from Wayne Demmer, Chair, Dubu- que County Empower- ment Board Develop- ment Committee, issu- ing an invitation for a City Council represen- tative to serve on the Dubuque County Em- powerment Board. The Dubuque County Em- powerment Board meetings are held on the last Tuesday of each month from 11:30 a.m. to 1:00 p.m. Mo- tion by Connors to re- move from the table. Seconded by Jones. Motion carried 7-0. Motion by Voetberg to receive and file the documents and ap- point Council Member Jones as the City's rep- resentative to the Du- buque County Empow- erment Board. Second- ed by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg requested City Council concur- rence to have staff form a partnership with the school system regarding additional recreational activities and sharing of facili- ties. Resnick reported that he recently greeted a group of visitors from Wisconsin who stated they were thrilled with the treatment they re- ceived while in Dubu- que. 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 Cit- ies Conference on the Reconnecting Disen- gaged Youth and that Dubuque was one of four cities invited to oarticioate. Connors 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: June 30, 2010, and for which the charge is $451.83. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ( day of , 20 I 0 . Not Public in and for Dubuque County, Iowa. JANET K. PAPE ... Commission Number 199659 My Comm. Exp. DEC. 11, 2010 that may properly Center City Place #2 in requesting that the was adopted setting a Lawndale Street. Mo- opment Agreement be- t,reater uuuuqthe . . cof Coun before the City Iowa, was of adopted. Dubuque, rresolutidncil cegarer a rding meet ngblic htorcommence point Kevin Connors for a tion by Stevens ap- tory Cafe tween the City Dubuque, tionand Vic- , provided Corpora- vrrbal D buque Code of Council.the TV Cable Regulato- Inc., to redevelop prop- update on the activities nances Title 9 Motor Ordi- Pledgenti Allegiance Final Plat3:Center City substantial reformativereiningiat 2010 6:30 p.m. on is o 6, at ubuque Vehicles and Traffic, Invocation was pro- Place o Zoning Advi-rethe legislation reining in din the Historic rear term through June and City SManager 6 Main trec- Developmentreet of the CCorpra- Section 129Equipment, q ipmen , Sided by PastorGrandview Tom sory Commission reel then motion thes market. Federal and Building.sbuY AvenueS vinkle of eommending finalg plat approval Upon mwe a docu-TurnI32 Asbury Road Braig. Motion Seconded by Motion ommendingyVoetberg toal. tion. ments Project: City 7-0. receive and file the ceive and file the re- Harnesses by Methodist of the of Cen- ments were received Lane Improve- carried Motion by to Motion by Jones to re- Safety Belts and Safety ed. Church. terCityPieceou locat-wandeiltio modify - PROCLAMATIONS ed at the southwest Creation of Recovery Manager recommend- Zoning Advisory Corn- documents and adopt ports. Seconded by a dg the age when safe- establ establishing the vi- Colts Drum and Bugle corner of East 10th and Zone Area: City Man- ing initiation of the mission: Two 3-year Resolution e oluviong a No. 20 -10p- Voetberg. Motion car- ty belt use is required Corps was accepted by Washington Streets as ager recommending public bidding process terms through July 1, Orwtoll s Director Centra house Redevelopment, t, tion approval of of the Recovery burythe Road Turn dLane and Stiles). Applicants: Victory Agreement Cafe - Dubu- andFiscal Cu Cultur011 Arts al Funding Fund ng for failurens and tonalties wear Or woll, Monarch Mo-, dLLC. ocuments motion theethe BArea use ofo Recovery anthat Improvements public hear-- Burden Avenue; l739 and que,rtI lot prop-tedfor the at7 Support: rt: Artsm for OandaCull- nance belts; and Ordi- ments Month (July, 2010).Pceand .ed and Zone BondsandRecov- ing be set fore July A Avenue. Motionentrbay Main Connors$eMotion Commission ed tural s AdvisoryrecoDubuque Code ofthe Ordi- Preservation PRESENTATION Resolution No. 194-10 ery Zone Economic De-2010 to consider appro-mending approval of nances Title 9 Motor Iowa Approving the final plat velopment Bonds. val of the plans and Braig to appoint Pat- ell carried Loan Agreement with thirteen Fiscal Year Vehicles and Traffic, 2010 Preservation at its of Center City Place #3 d contract and estimated Stiles to the Zon g Funding Program Oper- Section 9 12 321.4 Best Award (Historic in the City of Dubuque, Millwork District Mas- Iowa, was adopted. ter Plan) was accepted Final Plat - Center City by Planning Services Place #4: Zoning Advi- Manager Laura Car- sory Commission rec- stens. ommending approval CONSENT ITEMS of the final plat of Cen- Motion by Lynch to ter City Place #4 locat- receive and file the ed at the southeast documents, adopt the corner of East 10th and resolutions, and dis- Jackson Streets as re- pose of as indicated. quested by Caradco Seconded by Braig. Building, LLP. Upon Motion carried 7-0. motion the documents Minutes and Reports were received and filed Submitted: City Coun- and Resolution No. 195- cil of 6/7; Historic Pres- 10 Approving the final ervation Commission plat of Center City of 5/20; Housing Code Place #4 in the City of Appeals Board of 4/20; Dubuque, Iowa, was Human Rights Commis- adopted. sion of 5/10; Transit Final Plat - Center City Board of 5/13; Zoning Place #5: Zoning Advi- Advisory Commission sory Commission rec- of 6/2; Zoning Board of ommending approval Adjustment of 5/27 of the final plat of Cen- Proofs of publication ter City Place #5 locat- of City Council Pro- ed at the northeast ceedings of May 17, corner of East 10th and 2010 and List of Claims Jackson Streets as re - and Summary of Reve- quested by Mid Ameri City nues for Month Ended ca Holdings. Upon mo- Aquarium: Communi- Hemmer, Karnes, Kohl, tion by on April 30, 2010 tion the documents cation from Jerry Riedel). Applicants: ceive and file the docu- a method of paReso- Solid yment ried 7-0. Upon motion were theewere and Resolution No.filed 196- to — Dubuque County 3559 Thomas CoppeoodField quirement that the ments and that pro- lutionsaid No.note; 21210 Ap- Fees: City Collection Dubuque Countyh the Em- ceived documentsApproving the final Historical Society, re- Court; Paul Hemmer, posed ordinance be proving a loan agree- recommending appro- powerment Board. The and filed. plat10 Notice:fWelip for lace #5 in the Cityofland tbetto ween the Na- LouiseSi Kames,Str900 onnfor epassage at two nance red and voted ment wAuthoith rity (IFA) nance Iowa Fi- val of aregarrd regarding soroposed lid powerment i- Dubuque ountyBo d veitc Susanp Iowa, was tional Mississippi River Clarke Drive; Paul Kohl, Council meetings prior on behalf of the City of waste collection fees. meetings are held on vehicle damage; Kerry Dubuque, Museum and Aquarium 60 Lindberg Terrace; to the meeting at Dubuque to establish a Motion by Jones to re- the last Tuesday of 30 Robey Austin vehicledam-adopted. age; Millius for McAleece Park and and the new National Marina O'Rourke Rose- which it is to be passed local revolving loan ceive and file the docu- each month from 11: vehicle Mo- motion hem documents ParkingiohLot Complex Reon- ton the document was and Son mo- now, usa5nMullen Riedell,,oad; be 282 conded suspended. hBrag. Mo- market rr to hous housing orce in quirement that the o pro- tion by Connors s to wetio re - were received and filed struction Project: City received and filed and Kelly's.Bluff. Upon roll tion carried 7-0. the Historic Millwork posed ordinance be move from the table. aAtt referred to the City ing ar of the publicli Manager. to the City Louisel Kames,Kames, Marina final e Paul Hemmer, tcon onsiderationConnorsfor District. and Voetberg. Dubnded uque Dubuque considered and voted Seconded at two Motion carried 7-0 des. Attorney. ing award the trat MAmeric. to City Attheneyfollllowing improvementfortheMcAleece Park bilities Commemora- and Susan Rosenow, No. 28-10 Amending Ti- Directorin reet Executive Dan LoBianco to Council them meietings prior Motion at receive by file -the thattappointed to the Arts tie 16 of the City of Du- spoke in support of the which it is to be passed documents and ap- claims to Publice been re-y and Recreationnruction mu cation Roundtable:frCom- furred Entity Lot Reconstruction munication from the and Cultural Affairs buque Code of Ordi- recommendation. Mo- be suspended. Second- point esentativeCouncil to nhemDu get for theIowa, l wa struct ono CompanyCon- n sion Human nvitings theCommis- City fodrviso 3 year terms opmenission t Code,Unified byD pro- tion Greencarried ley Project - carried Connors. Motion Jones as the City'she rep- theCommunities Assur- the roval ance Pool: Susan Welp $248,673.25. Upon mo- ADA ciCommemorrat on Counl to attend the cil h June Member of 0, 2013. an amended for the camps from th tWashington o 16th treto for t �f final consideration erment Boarue d. Second - for vehicle damage; tion the documents Roundtable to be held a fourth abstained citing f ro a allowdevelopment p construction plan in toof Elm Streets; on Proof notice nance passage of Ordi- - carried Lynch. Motion Kerry dama Robey lis vehicle were received and filed on ThuronaJuly 8, Devinee' for vehicle 10 Awarding 197- 2010. documents motion the c- onflict ic Center Commis- lot, axnew parking lot, ofpublic the plans and to quell Ordinance of Dubu- COUNCIL COUREPOMEMBER damage; Robert Smith provement contract for ceived and filed. sion: Three 4-year and a new office/ specifications, form of amending Title 13 Pub- Voetberg requested for property de docu- Recreation Parking Lot cations: City hManager 2013 - s(Terms of Bakkeh June , the University classroom lof Dubu- cost for the Gand reen Alley Solistimated lic dtilWaste, Section rence Council haver staff Upon motion th ments were received, Reconstruction Project recommending appro- Balsamic, Kurt). Appli- que ID Institutional Dis- Project - 15th to 16th 13-6A-6 Rates and form a partnership tem filed and concurred. wSustadinab a Cities In- cense renewals as sub- Karen Rod Street; Mari- Finley the andcornWest ton to Elm Streeof Street from ts. Mo- Except ons,EstaSubsec- regarding school additional topic and Aggro motion lynne Field 1805 Eden Streets. Seconded by tion by Voetberg to re- tions A, B, C, D, and E; recreational activities f eive and file the docu- and amending Title 13 and sharing of facili- Upon motion the docu- specifications, form of nc in Ad- Iowa Finance Authori-2011 Arts and Cultural Chapter quipme46 ments wereareceive and filed and Resolu- cost. Upon motion the visory Commission for ty: Proof of publication u 9 in tion No. the 201-10 establishment ceiveddocuments and filed and July 1, 2013.terms Seconded hearing notice to consider a andc author zat on efor byChild mod modifyingRestraint theageDevices 9 roe - Area a Recovery Zone Resolution an No.p208-10of by Lynch. Motion car-theh IowaeF nance Au- sign the funding agrer e traint devien use ces orf lsafe- Dubuquewithinwas the City Preliminary p approval specifications, ried PUBLIC saired and fe- Dubuque e adopted.ofUbud- form of contract, anUpon motion theRrules to°recreate $4.5 workforce Voetberg to receive provid providing exbelts is ceptions ns to geted Utilityt:Truce estimated to ofepublic hearing ngre anyonenpresend low- t to thesing Hi toricalunits in and Mllwork and file appri documentsapprovee theecprovidinsuch g requirements process Welder recommending City Maand ager of thebidsforDistrict r toviola- approval pur- the IA and Asbury tillchild restraint devices chase of an unbud- Road Turn Lane Im- University of Dubuque approval. Motion by carried 7-0. geted utility truck/ provements Project - Amend Institutional Connors to receive and Fiscal Year 2011 Spe- or safety belts. Pwelder arking Division. i rUthe was pon publics adoptedsetting for a cationct on Proof noticeubli- file of adopt Resolutiondocuments No. Cultural Projects GrantArts and Pro- Address ng by once concerns motionthe documents meeting commence public hearing rest° con- 210-10 from ceedings to Institutingtakpro-gram: Affairs Advisory Com- Council, CitybAtto Attorney were received, filed, at 6:30 p.m. on isty 6, of and approved. d. 2010din the Historic the que to Universityamenthe IDIn-thorization actionfor r ah loan approvalr of theeF Fiscal additional Lindahl illcheck on - restrictions Workers'aim: Manag- Federal BO Ring. q tion Claim: City Manag- BOARDS/ stitutional District to agreement with the lo- Year 2011 Arts and Cul- for the use of ATVs er recommending ap- COMMISSIONS allow construction of wa Finance Authority; tural Grant Program for within the City limits. proval of the settle- Appointments were an expanded parking Resolution No. 211-10 Special Projects and Motion carried 7-0. ment of the workers' made to the following lot, a new parking lot, Approving and author- authorization for the Dubuque County Em- compensation claim of Boards/Commissions: and a new office/ izing a form of loan City Manager to sign powerment (Tabled on John then documents fairs Advidsoryltural Af- classroom Commis- near the cornerofFing agreement n- jzing and proving for Motion author- the by Vrant oetberg g to nreements. icationne 7, 20romCWayne were received, filed, sion (Arts Community ley and West Streets the issuance and se- receive and file the Demmer,ee County Chair, Dubu- and approved. Representatives). Four and the Zoning Adviso- curing the payment of documents and ap- q Empower - National Mississippi 3-year terms through ry Commission recom- a promissory note of prove the recommen- ment Board Develop - River Museum and June 30, 2013 (Terms of mending nnnrsal. t Mo re- Iowa, and proof viding for Resnick. Seconded car- ment invitation for a nnncil re°re5tn- ape gate Stop Loss Renew- stitute (SCI) Pilot Com miffed. Upon al - Health and Pre- munity Application: the documents were scription Drug: City City Manager recom- received and filed and Manager recommend- mending approval of Resolution No. 202-10 ing approval of the re- the Sustainable Cities Granting the issuance newal rates submitted Institute grant applica- of a Class "B" Beer Per - by American National tion in the amount of mit to the Colts Corn - Life of Texas Life for $500,000. Upon motion munity Center and a the City's specific and the documents were Class "C" Beer Permit aggregate stop loss in- received, filed, and ap- to Pioneers Rest Stop; surance - health -and proved. Resolution No. 203-10 prescription drug Third Street Overpass Granting the issuance plans. Upon motion the Bridge Repair Project:' of a Class "C" Beer/ documents were re- City Manager recom- Liquor License to Ma- ceived, filed, and ap- mending approval of son Dixon Saloon, Na- proved. the Iowa Department tional River Museum, Reclassification of of Transportation Sup- Applebee's Grill and Truck Driver Position: plemental Funding Bar, Creslanes Bowling, City Manager recom- Agreement for the Fischer Lanes, Rotary mending that the Truck Third Street Overpass Club, American Legion, Driver positions in the Bridge Repair Project. Paul's Tavern and Five Water Department be Upon motion the docu- Flags Center; a Class reclassified as Water ments were received "B"Wine Permit to Distribution Mainte- and filed and Resolu- Doh LaLa; Class "B" nanceworkers. Upon tion No. 198-10 Approv- Wine (Six Month) Per - motion the documents ing the Iowa Depart- mit to Church of the were received, filed, ment of Transportation Resurrection and a Supplemental Agree- Class "C" Beer/Liquor and approve°. Reclassification of La- ment for maintenance License (Five Day Spe- Mo borer Position: City of primary roads in cial Event) to Dubuque Human Rights Com- and that the require- Resolution No. 214 10 2 Manager recommend- municipalities for the Area Labor Manage- mission: One 3-year ment that a proposed Approving plans, sped- nors to receive and file updates from the Coof m- ing position the Public Street olutionncil; No. and 204-10 1, 2011 (Vacrm ant term Januaryh ered and votedordinance be consid- for tract ohand form estimated Resolution No. 2 8-110 Great, adopt er Foundation on recs Department a t be pedit Project was adopt- of fifty-two h(52) renew- Frederick Davis, Jr., cants: passage meetings tpr or toCouncil the Regional Airport Dubuque - Jet forConstruction the Water Pollution Promise. Child/ Every Drivr. reclassified aTruck ed. Driver. Upon motion Fire Station #4 Re- al permits to sell ciga- 2374 Green Street; and meeting at which it is Drive Resurfacing Proj- Control Plant Modifica- PUBLIC INPUT the received, filed, and ap- ` ager Project: City ofttesDubuquethe wereCitStreet. Upon Robert Yunk, Broll Rose call pended. Secondedsus- by Motion ccarsrl cd ay rried Braig. the requn irementand that that George) Davis, Member20 So. proved. that the award for the adopted. vote Frederick Davis, Connors. Motion car- Si IA 32 Geometric on Improve- propose edosed rainsncetbe providede additionalAeAvenue, CollectivemBargaining e Station #4 Re -Roof ITEMSUTC BE SETFOR Jr.hwas amppointRi to ried 7-0. Agreement - Interns- Project be officially re- PUBLIC HEARING the Human Rights Motion by Jones for fi- ments - US 20 to JFK on for passage at two formation regarding ting Union of Operat- CityoftheCity Council. receive hand file hto the plc ea Commission3-year tom passageof-ation and Ordinance publliiicat one on Proof notiche to Council them meetingprior at of abrecreational epart- ing Engineers:No. 29-10 Amending Ti- of public hearing to which it is to be passed nership stating that recommend- Upon motion the docu-documents, adopt the through January 1 tee 16 of the City of Du consider the plans and ed suspended. byp Jones. Second- M ton would be helpful to dialogue 2011 STATE OF I DUBUQUEI CER I, Suzanne Pike, a B corporation, publish published in the Cit certify that the attac dates: June 30, 2011 ing approval of the ments were received resolutions, se e one-year collective and filed. public hearings as indi- Investment Oversight buque Code of Ordi- bargaining agreement Federal Emergency cated, and direct the Advisory Commission: nances, Unified Devel- between the City and Management Agency: City Clerk to publish Two . 3-year terms opment Code, by re - the International Union City Manager transmit- notice as prescribed by through July 1, 2013 classifying hereinafter of Operating Engi- ting information on the law. Seconded by (Terms of Reisdorf and described property lo- neers, Local #758. correspondence from Braig. Motion carried Ruden). e . Reisd orf, a ts: cated south of Highway Road from Oldd Upon motion the docu-Managementa Federal Emergency 7-0. SDubuque County Brookview Square; and Agricultural District to ments wereareceived nAgency and filed and Resolu- regarding the pro- Lease: City Manager Gary Ruden, 325 West CR Commercial Recre- tion No. 191-10 Approv- posed flood plain maps recommending that a 1st Street. Motion by ation District with con- ing the agreement be- for the City of Dubu- public hearing be set Connors to appoint ditions. Seconded by tween the City of Du- que. Upon motion the for July 6, 2010 to con- Stephen Reisdorf and Connors. Planning Ser- buque, Iowa, and the documents were re- sider a proposed five Gary Ruden to the In- vices Manager Laura International Union of ceived and filed. year lease with Dubu- vestment Oversight Carstens provided a Operating Engineers, Roosevelt Road Water que County for space Advisory Commission staff report and stated Local #758 and author- Tower, Project: City in the Historic Federal for 3-year terms that as required prop- izing the Mayor to sign Manager recommend- Building. Upon motion through July 1, 2013. arty owners within 200 re the Agreement was warranty ptadeed of for received andhe the nts were fled and Motion carrieed d. feet of informedhe of area thewad nted. re - Interagency Agree- property at 3301 Roo- Resolution No. 205-10 Library Board of hearng process. uest and the Devel- ublic ment between the City sevelt Avenue from Intent to dispose of an Trustees - Mayor Ap of Dubuque and Dubu- Fondell Excavating, interest in real proper- pointment: Two 4-year open TabyaKress, 3020 que County Board of Inc., for the Roosevelt ty owned by the City of terms through July 1, N. Healtrh-e (ding appro- Street Water Tower Project. Upon motion tween the ue Cityaof Du- and Kolz). Applicants: pse be- 2014 (Terms of Guns roposed supoordinance. I a and Du Diann Guns, 1715 Diane Motion carried 7-0. Lane; Barb Kurt, 1304 Braig. Vice President o c Atlantic Street. Motion Finance for the Univer- ments and adopt Reso- Public Utilities, Chapter ties. by Braig to appoint Rod sity of Dubuque Jim lution No. 213-10 Ap- 6 Solid Waste, Section Resnick reported that Bakke, Marilynne Field, Steiner provided a pre- proving plans, specifi- 13-6A-8 Yard Waste he recently greeted a and Barb Kurt to the sentation in support of cations, form of con- and Food Scraps, Sub- group of visitors from Civic Center Commis- the request. Planning tract, and estimated section D. Seconded by Wisconsin who stated sion for 4-year terms Services Manager cost for the Green Alley Jones. Motion carried thetreatment re thrilled y eh through June 29, 2013. Laura Carstens provid- Project - 15th to 16th 7-0. Seconded by Connors. ed a staff report. Mo- Street from Washing- Water Pollution Con- ceived while in Dubu- Motion carried 7-0. tion carried 7-0. ton to Elm Streets. trol Plant Modification que. Historic Preservation Request to Rezone - Seconded by Connors. Project: City Manager Resnick, Jones, and Commission (Jackson Toby Kress: Proof of Motion carried 7-0. recommending award Voetberg reported on Street Historic Dis- publication on notice Dubuque Regional Air- of the .public improve- their attendance at the trict). One 3-year term of public hearing to port - Jet Drive Resur- ment contract for the recent Bridges Out' of through July 1, 2013 consider a request facing Project: Proof of Water Pollution Control Poverty graduation. (Term of McDonell). from Toby Kress to publication on notice Plant Modification Pro- Connors reported on Applicant: Robert rezone the west por- of public hearing to ject to Miron Construe- her attendance at the McDonell, 135 West tion of Lot 1 Kunde consider the plans and tion Co., Inc., of Cedar National League of Cit- 17th Street. Motion by Place #3 located on specifications, form of Rapids, Iowa, for the ies Conference on the Connors to appoint Old Highway Road contract and estimated base bid amount of Reconnecting Disen- Robert McDonell to the from AG Agricultural cost for the Dubuque $49,750,000 and also gaged Youth and that Historic Preservation District to CR Commer- Regional Airport - Jet authorize the inclusion Dubuque was one of Commission's Jackson cial Recreation District Drive Resurfacing Proj- of bid alternatives 1B, 2 four cities invited to Street Historic District and Zoning Advisory ect and City Manager and 6 for an additional participate. Connors for a 3-year term Commission recom- recommending appro- amount of $757,418 added that this con - through July 1, 2013. mending approval. Mo- val. Motion by Jones to and further recom- cept needs more local Seconded by Braig. tion by Jones to receive receive and file the mending a sewer rate exposure and elected tion carried 7-0 and file the documents documents and adopt increase otionr ) bal Con- She (requested involvement.l regular buque, raw vat of an Interagency the documents were ow , Agreement with the received and filed and buque County was Court; Fred Miller, 2462 Request to Rezone - Dubuque County Board Resolution No. 199-10 adopted setting a pub- Central Avenue; Gail Scott Potter: Proof of of public hearing to lions. Upon requ of Health for the in- Accepting the deed to lic hearing for a meet- Murphy, 3097 Oak View publication on notice consider the plans and from Lynch, Brown will mentio of hsenforce- certain real estate in wimm swimming Dubuque County, Iowa, 6:30 to commence one July 6, 2659 Court; Queen and rri Street. ofpublic aedrequ request contract to and estons, imated d from Story Construct- pools and spas, tattoo from Fondell Excavat- 2010 in the Historic Upton City Council ayor Boo- from l rezone Scott property locat-o cost Centralr the Tenth tRa andtion tm n regardingoftheirthe parlors and tanning ue ing, Inc.,r was adopted. Federal Building. Guns Couinty. UponD motion OfficershhiAss Association: IceRiverfront Marina - Harbor Location: and Fred Millerhto the nue t/ 525 1907a and 1911 Expansion Projectiters and project • addedtimate. that tec documents,were City Manager h e City advising mendinghthat recom- c eesraforBoard 4-yearf terms 10 Neighborhoodson Street Com-om C- Com- mending approval. Mo-nstalleder recom- binc incrementally received,pvfiled, and ap- proved. ceived for the 22nd hearing be set for July through July J, 2014. mercial District and R- tion by Jones to receive over the 20-year design Iowa Department of consecutive year the 6, 2010 to consider the Long Range Planning 2A Alternate Two- and file the documents capacity of the plant. carried Vehicles / Na Cotmmunicationoufrom OfficersGovernment eh AsFinance sociation Harboront location. Upon Twosor3-yearnirriiterms trict toResidential General No. 21.6-adopt 10 Approving All-TerrainMotion Re - of Iowa Natural Department Rsources ment Certificate of Achieve- motion the in were receivedocuments and filed (Terms of h I Prochaska and Zoning Advisory f13 Commercial District oam of contract,ans, for the i and stra nt Belts Dev ces:ildCity nd- regarding the recent +hnaanc*alcRCpmni ehen- 10dSet Settion No. ing time a06- and d plicants: Lourod). Oswald, mending - Commission approval. Mo- Tenth and d cost Central ing approval of four or- _..._ -..._._ �F..,oF. +inn by Connors to re- Parking Ramp and Fire dinances regarding all- �.... specifications, form ofdress needs and oppor contract and estimated carried 7-0. cost for the IA 32 Geo- Motion by Connors for tunities. metric and Signali- final consideration and CLOSED SESSION zation Improvements - passage of Ordinance Motion by Jones to go US 20 to JFK Road Proj- No. 32-10 Amending into closed session at ect and City Manager the City of Dubuque 8:43 p.m. regarding recommending appro- Code of Ordinances pending litigation and val. Motion by Braig to Sections 13-2C-3(B) property acquisition receive and file the and 13-2C-3(C)(7) Es- pursuant to Chapter documents and adopt tablishing Basic Sewer 21.5(1)(c)(j) of the Resolution No. 215-10 Rates for Residential Code of Iowa. Second - Approving plans, sped- and Commercial Users ed by Braig. Motion fications, form of con- by increasing the rates. carried 7-0. tract and estimated Seconded by Jones. Re- Upon motion the City cost for the IA 32 Geo- sponding to questions Council reconvened in metric and Signali- from City Council, Wa- open session at 10:02 zation Improvements - ter Pollution Control p.m. stating that staff US 20 to JFK Road Proj- Plant Manager Jona- had been given proper ect. Seconded by than Brown stated that direction. There being no fur Jones. Motion carried the City paid Story 7-0. Construction $50,000 they business, upon Tenth and Central for the initial project motion the City Council Parking Ramp and Fire estimate, which includ- adjourned at 10:03 p.m. Headquarters Expan- ed a constructability /s/Jeanne F. Can Schneider,er sion Project: Proof of analysis, drawings, and k publication on notice complicated specifica- it 6/30 Subscribed to befo this 1 da; - 7tPTTT-lazvio _.,... . ......... _ Upon motion the were received and filed Enzler, Executive irec- Thomas Goodman, documents were re- and Resolution No. 196- tor - Dubuque County 3559 Copper Field ceived and filed. 10 Approving the final Historical Society, re- Court; Paul Hemmer, Notice of Claims/ plat of Center City questing to lease the 2375 Simpson Street; Suits: Susan Welp for Place #5 in the City of land between the Na- Louise Kames, 900 vehicle damage; Kerry Dubuque, Iowa, was tional Mississippi River Clarke Drive; Paul Kohl, Robey for vehicle dam- adopted. Museum and Aquarium 60 Lindberg Terrace; age; Austin Millius for McAleece Park and anrj, the new National Marina O'Rourke Rose - vehicle damage. Upon Recreation Complex River Center. Upon mo- now, 2085 Mullen Road; motion the documents Parking Lot Recon- tion the document was and Susan Riedel, 282 were received and filed struction Project: City received and filed and . Kelly's Bluff. Upon roll and referred to the City Manager recommend- referred to the City call vote Paul Hemmer, Attorney. ing award of the public Manager. Louise Kames, Marina City Attorney advising improvement contract Americans with Disa- O'Rourke Rosenow, that the following for the McAleece Park bilities Commemora- and Susan Riedel were claims have been re- and Recreation Parking tion Roundtable: Corn- appointed to the Arts ferred to Public Entity Lot Reconstruction munication from the and Cultural Affairs Risk Services of Iowa, Project to Mathy Con- Human Rights Commis- Advisory Commission the agent for the Iowa p for 3-year terms Communities Assur- h through June 30, 2013. ance Pool: Susan Welp Council Member for vehicle damage; Resnick abstained from Kerry Robey for vehicle a fourth choice citing a damage; Melissa Sue h conflict of interest. Devine for vehicle Civic Center Commis - damage; Robert Smith sion: Three 4-year for property damage. I d q terms through June 29, Upon motion the docu- 2013 (Terms of Bakke, ments were received, Balsamo, Kurt). Appli- filed and concurred. p cants: Rod Bakke, 3030 Specific and Aggre- Karen Street; Mari - gate Stop Loss Renew- lynne Field, 1805 Eden al - Health and Pre- Lane; Barb Kurt, 1304 scription Drug: City g Atlantic Street. Motion Manager recommend- p I f by Braig to appoint Rod ing approval of the re- Bakke, Marilynne Field, newal rates submitted and Barb Kurt to the by American National Civic Center Commis - Life of Texas Life for sion for 4-year terms the City's specific and through June 29, 2013. aggregate stop loss in- Seconded by Connors. surance - health -and Motion carried 7-0. prescription drug Historic Preservation plans. Upon motion the Commission (Jackson documents were re- g f q Street Historic Dis- ceived, filed, and ap- trict). One 3-year term proved. through July 1, 2013 Reclassification of pp (Term of McDonell). Truck Driver Position: d' I' Applicant: Robert City Manager recom- McDonell, 135 West mending that the Truck 17th Street. Motion by Driver positions in the Bridge Rep I Connors to appoint Water Department be Robert McDonell to the reclassified as Water "B" Pe mit to Historic Preservation Distribution Mainte-and filed "B" Commission's Jackson nanceworkers. Upon Street Historic District motion the documents the Iowa p h h for a 3-year term were received, filed, ment of Transportation and a through July 1, 2013. and approved. Seconded by Braig. Reclassification of La- ment for ma' t Day Spe Motion carried 7-0. borer Position: City Human Rights Corn - Manager recommend -municipalities L b mission: One 3-year ing that the Laborer term through January position in the Public Bridge pp I 204 10 1, 2011 (Vacant term of Works Department be pair Protect was a op Allan). Applicants: reclassified as a Truck Driver. Upon motion the documents were received, filed, and ap- proved. . Collective Bargaining Agreement - Interna- struction Company in the amount of $248,673.25. Upon mo- tion the documents were received and filed and Resolution No. 197- 10 Awardingpublic im- provement contract for the McAleece Parkan Recreation Parking Lot Reconstruction Project was adopted. Sustainable Cities In- stitute (SCI) Pilot Com- munity Application: CityManager recom- mendingapproval o the Sustainable Cities Institute grant applica- tion in the amount of $500,000. Upon motion the documents were received, filed, and ap- proved. Third Street Overpass Bridge Repair Project:' CityManager recom- mending approvalo the Iowa Department of Transportation Sup- plemental Funding Agreement for the sion inviting the City Council to attend the ADA Commemoration Roundtable to be held on Thursday, July 8, 2010. Upon motion the document was re- ceived and filed. Liquor License Appli- cations: City Manager recommendingappro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 202-10 Granting the issuance of a Class "B" Beer Per- mit to the Colts Com- munityCenter and a Class "C" Beer Permit to Pioneers Rest Stop; Resolution No. 203-10 Grantingthe issuance of a Class "C" Beer/ Liquor License to Ma- son Dixon Saloon, Na- tional River Museum, Applebee's Grill and Bar, Creslanes Bowling, Fischer Lanes, Rotary Third Street Overpass Club, American Legion, Repair Project. Paul's Tavern andFive Upon motion the docu- Flags Center; a Class ments were receivedWine r and Resolu- Ooh LaLa; Class tion No. 198-10 Approv- Wine (Six Month) Per- ingDeart- mit to Church ofthe Resurrection Supplemental Agree- Class "C" Beer/Liquor maintenance License (Five - of primary roads in cial Event) to Dubuque for the Area Labor Manage - Third Street Overpass ment Council; and Res - A roach Re- olution No. adopt- Granting the issuance ed. of fifty-two (52) renew- Frederick Davis, Jr., Fire Station #4 Re- al permits to sell ciga- 2374 Green Street; and Roof Project: City Man- reties within the City Robert Yunk, 815 Rose ager recommending of Dubuque were Street. Upon roll call that the award for the adopted. vote Frederick Davis, Fire Station #4 Re -Roof ITEMS TO BE SET FOR Jr. was appointed to Project be officially re- PUBLIC HEARING the Human Rights tional Union of Operat- corded in the minutes Motion by Lynch to Commission to com- ing Engineers: City of the City Council. receive and file the plete a 3-year term Manager recommend- Upon motion the docu- documents, adopt the through January 1, ing approval of the ments were received resolutions, set the 2011. one-year collective and filed. public hearings as indi- Investment Oversight bargaining agreement Federal Emergency cated, and direct the Advisory Commission: between the City and Management Agency: City Clerk to publish Two . 3-year terms the International Union City Manager transmit- notice as prescribed by through July 1, 2013 of Operating Engi- ting information on the law. Seconded by (Terms of Reisdorf and nears, Local #758. correspondence from Braig. Motion carried Ruden). Applicants: Upon motion the docu- the Federal Emergency 7-0. Stephen Reisdorf, 740 ments were received Management Agency Dubuque County Brookview Square; and and filed and Resolu- regarding the pro- Lease: City Manager Gary Ruden, 325 West tion No. 191-10 Approv- posed flood plain maps recommending that a 1st Street. Motion by for the City of Dubu- public hearing be set Connors to appoint que. Upon motion the for July 6, 2010 to con- Stephen Reisdorf and documents were re- sider a proposed five Gary Ruden to the In- ceived and filed. year lease with Dubu- vestment Oversight Roosevelt Road Water que County for space Advisory Commission Tower. Project: City in the Historic Federal for 3-year terms Manager recommend- Building. Upon motion through July 1, 2013. ing acceptance of the the documents were Seconded by Braig. warranty deed for received and filed and Motion carried 7-0. property at 3301 Roo- Resolution No. 205-10 Library Board of sevelt Avenue from Intent to dispose of an Trustees - Mayor Ap- Fondell Excavating, interest in real proper- pointment: Two 4-year Inc., for the Roosevelt ty owned by the City of terms through July 1, Street Water Tower Dubuque by lease be- 2014 (Terms of Guns Project. Upon motion tween the City of Du- and Kolz). Applicants: the documents were buque, Iowa, and Du- Diann Guns, 1715 Diane received and filed and buque County was Court; Fred Miller, 2462 Resolution No. 199-10 adopted setting a pub- Central Avenue; Gail Accepting the deed to certain real estate in Dubuque County, Iowa, from Fondell Excavat- ing, Inc., was adopted. Government Finance Officers Association: City Manager advising that the City has re- ceived for the 22nd consecutive year the Government Finance Officers Association Certificate of Achieve- ment for Excellence in Financial Reporting for ing the agreement be- tween the City of Du- buque, Iowa, and the International Union of Operating Engineers, Local #758 and author- izing the Mayor to sign the Agreement was adopted. Interagency Agree- ment between the City of Dubuque and Dubu- que County Board of Health: City Manager recommending appro- val of an Interagency Agreement with the Dubuque County Board of Health for the in- spection and enforce- ment of swimming pools and spas, tattoo parlors and tanning fa- cilities in Dubuque County. Upon motion the documents were received, filed, and ap- proved. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubu- que Regional Airport Wastewater Treatment Facility. City Manager provid- ing information related to the June 11, 2010 let- ter from the Iowa De- partment of Natural Resources. Upon motion the documents were re- ceived and filed. Final Plat - Inland Mo- lasses Place No. 2: Zon- ing Advisory Commis- sion recommending approval of the final plat of Inland Molasses Place No. 2 as request- ed by the City of Dubu- que - Engineering De- partment. Upon motion the documents were received and filed and CITY OF DUBUQUE, Resolution No. 192-10 IOWA Approving a final plat CITY COUNCIL of Inland Molasses PROCEEDINGS Place No. 2 in the City The Dubuque City of Dubuque, Iowa, was Council met in regular adopted. session at 6:30 p.m. on Final Plat - Center City J 21 2010 in the Place #2: Zoning Advi- ments and that the re- or Sala note; an- nesv JUIIU .Va�« quirement that a pro- lotion No. 212-10 Ap- Fees: City Manager Dubuque County Em- posed ordinance be proving a loan agree- recommending appro- powerment Board. The considered and voted ment with the Iowa Fi- val of a proposed ordi- Dubuque County Em- on for passage at two nance Authority (IFA) nance regarding solid powerment Board Council meetings prior on behalf of the City of waste collection fees. meetings are held on to the meeting at Dubuque to establish a Motion by Jones to re- the last Tuesday of which it is to be passed local revolving loan ceive and file the docu- each month from 11:30 be suspended. Se- fund for workforce and ments and that the re- a.m. to 1:00 p.m. Mo- conded by Braig. Mo- market rate housing in quirement that a pro- tion by Connors to re- tion carried 7-0. the Historic Millwork posed ordinance be move from the table. Motion by Connors for District. Seconded by considered and voted Seconded by Jones. final consideration and Voetberg. Dubuque on for passage at two Motion carried 7-0. passage of Ordinance Main Street Executive Council meetings prior Motion by Voetberg to No. 28-10 Amending Ti- Director Dan LoBianco to the meeting at receive and file the tle 16 of the City of Du- spoke in support of the which it is to be passed documents and ap- buque Code of Ordi- recommendation. Mo- be suspended. Second- point Council Member nances, Unified Devel- tion carried 7-0. ed by Connors. Motion Jones as the City's rep- opment Code, by pro- Green Alley Project - carried 7-0. resentative to the Du- viding for the approval 15th to 16th Street Motion by Voetberg buque County Empow- 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 Dubu- que ID Institutional Dis- trict near the corner of Finley and West Streets. Seconded by Braig. Vice President of Finance for the Univer- sity of Dubuque Jim Steiner provided a pre- sentation in support of the request. Planning Services Manager Laura Carstens provid- ed a staff report. Mo- tion 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 por- tion of Lot 1 Kunde Place #3 located on Old Highway Road from AG Agricultural District to CR Commer- cial Recreation District and Zoning Advisory Commission recom- mending approval. Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Pc hearing fora meet- Murphy, 3097 Oak View ing to commence at Court; and Lorri Regan, 6:30 p.m. on July 6, 2659 Queen Street. 2010 in the Historic Upon City Council con - Federal Building. currence, Mayor Buol Riverfront Marina - appointed Diann Guns Ice Harbor Location: and Fred Miller to the City Manager recom- Library Board of Trust - mending that a public ees for 4-year terms hearing be set for July through July 1, 2014. 6, 2010 to consider the Long Range Planning Riverfront Marina - Ice Advisory 'Commission: Harbor location. Upon motion the documents were received and filed and Resolution No. 206- the City's Comprehen- 10 Setting a time and sive Annual Financial place for a public hear - Report for the fiscal ing for the Port of Du - year ended June 30, buque - Riverfront Mar- 2009. Upon motion the ina Project was adopt - documents were re- ed setting a public ceived and filed: hearing for a meeting Iowa Department of to commence at 6:30 Natural Resources. p.m. on July 6, 2010 in (IDNR) Funding Con- the Historic Federal tract: City Manager Building. recommending appro- Easement Agreement val of Amendment #1 for Washington Row to the Iowa Depart- Houses Project: City ment of Natural Re- Manager recommend - sources funding con- ing that a public hear - tract regarding the E.B. ing be set for July 6, Lyons Center expan- 2010 to consider the sion project. Upon mo- disposition of real tion the documents property owned by the were received, filed, City in the form of an and approved. easement agreement Terminal Street for common uses of Pumping Station Im- property at the "Wash- provements Project: ington Row Houses" lo- City Manager recom- cated at 1765 - 1795 mending acceptance of Washington Street and h Terminal Street 260 East 18th Street Two 3-year terms through July 1, 2013 Commercial District plans, specifications, Safety Belts / Child Re - (Terms of Prochaska and Zoning Advisory form of contract, and straint Devices: City and Winterwood). Ap- Commission recom- estimated cost for the Manager recommend- plicants: Lou Oswald, mending approval. Mo- Tenth and Central ing approval of four or- 1080 Nowata Street; tion by Connors to re- Parking Ramp and Fire dinances regarding all - James Prochaska, 1410 ceive and file the docu- Headquarters Expan- terrain vehicles, safety Parkway Street; and ments and that the re- sion Project. Seconded belts and child re - Charles Winterwood, quirement that a pro- by Voetberg. Motion straint devices to bring 1555 Montrose Terrace. posed ordinance be carried 7-0. the City of Dubuque Upon roll call vote, considered and voted Neighborhood Stabili- Code of Ordinances up - James Prochaska and on for passage at two zation Program: Proof to -date with State Charles Winterwood Council meetings prior of publication on no- Code changes. Motion were appointed to the to the meeting at tice of public hearing by Jones to receive and Long Range Planning which it is to be passed to consider submission file the documents and Advisory Commission be suspended. Se- of an application to the that the requirement for 3-year terms conded by Jones. Mo- Iowa Department of that a proposed ordi- through July 1, 2013. tion carried 7-0. Economic Development nance be considered Park and Recreation Motion by Connors for (IDED) for Neighbor- and voted on for pas - Commission: Three 3- final consideration and hood Stabilization Pro- sage at two Council year terms through passage of Ordinance gram (NSP) funds and meetings prior to the June 30, 2013 (Terms of No. 30-10 Amending Ti- City Manager recom- meeting at which it is Harjehausen, Hoff- tle 16 of the City of Du- mending approval. Mo- to be passed be sus- mann, Lyness). Appli- buque Code of Ordi- tion by Voetberg to re- pended. Seconded by cants: Shane Duncan, nances, Unified Devel- ceive and file the docu- Voetberg. Motion car- 623 West 8th Street; opment Code, by re- ments and adopt Reso- vied 7-0. Don Foley, 2489 classifying hereinafter lution No. 217-10 Au- Motion by Connors for Wheatland Drive; described property lo- thorizing an applica- final consideration and Charles . Harris, 2473 cated at 525 Garfield tion to the Iowa De- passage of Ordinance Jackson Street; Paul and 1907 and 1911 partment of Economic No. 33-10 Amending Hoffman, 174 Bradley Johnson Street from C- Development (IDED) the City of Dubuque Street; Kenneth Klinge, 1 Neighborhood Corn- for Neighborhood Sta-Code of Ordinances Ti- . Hine sory Commission rec Upon motion the docu- proposed easement can vote, rau Historic Federal Build-ommending approval ments were received agreement between man, Karen Lyness, Scott Potter, 515 Gar- ing discussion to the terrain vehicles, Ordi- Present: of the final plat of Cen- and filed and Resolu- the City of Dubuque , and David Schlueter field, spoke in support City Council. nance No. 34-10 Prncil Mayor Members ter City Place #2 locat- tion-No. 200-10 Accept- Iowa, (City), Keith were appointed to the of the proposed ordi- ACTION ITEMS Amending the City of Council ed at the southwest ing the Terminal Street Karlton Clark and Mary Park and Recreation nance. Planning Serv- Dubuque Works: Sar- Dubuque Code of Ordi- Lynch,LnResnick,nJones, corner of East•11th and Pumping Station Im- E. Clark (Clark), DB&T Commission for 3-year ices Manager Laura ah Harris, Director of nances Title 9 Motor er,City Voet- Washington Streets as provements Project Community Develop- terms through June 30, Carstens provided a Workforce Develop- Vehicles and Traffic, Van Manager requested by Mid and authorizing pay- ment Corp. (DB&T 2013. staff report. Motion ment, provided a ver- Chapter 5 Obedience to Van Milligan, City At -America Holdings. ment of the contract CDC), and Gary F. Bish- TV Cable Regulatory carried 7-0. bal update on Dubuque and Effect of Traffic torney r l Upon motion the docu- amount to the contrac- op(Bishop), establish- Commission: One 3- Victory Cafe - Devel- Works. Laws, Section 9-5- callMayor Buol read the p and stated this is a ments were received tor was adopted. ing rights and duties of year terms through opment Agreement: Greater Dubuque De- 321.234A All -Terrain regular session of the and filed and Resolu- Citizen Communica- the parties relating to June 30, 2013 (Term of Proof of publication on velopment Corpora- Vehicles by amending City Council to act tion No. 193-10 Approv- tion: Communication the Washington Street Stevens). Applicant: notice of public hear- tion: Rick Dickinson, certain roadway use upon such business ing the final plat of from Vaughan C. Yaklin Row Houses Project Kevin Stevens, 1735 ing to consider a Devel- Executive Director restrictions therein; Motion carried 7-0. Connors. Motion car- IA 32 Geometric and vied 7-0. Signalization Improve - Motion by Jones for fi- ments - US 20 to JFK nal consideration and Road Project: Proof of passage of Ordinance publication on notice No. 29-10 Amending Ti- of public hearing to tle 16 of the City of Du- consider the plans and buque Code of Ordi- specifications, form of nances, Unified Devel- contract and estimated opment Code, by re- cost for the IA 32 Geo- classifying hereinafter metric and Signali- described property lo- zation Improvements - cated south of Old US 20 to JFK Road Proj- Highway Road from AG act and City Manager Agricultural District to recommending appro- CR Commercial Recre- val. Motion by Braig to ation District with con- receive and file the ditions. Seconded by documents and adopt Connors. Planning Ser- Resolution No. 215-10 Rates for Residential Code of Iowa. Second - vices Manager Laura Approving plans, sped- and Commercial Users ed by Braig. Motion Carstens provided a fications, form of con- by increasing the rates. carried 7-0. staff report and stated tract and estimated Seconded by Jones. Re- Upon motion the City that as required prop- cost for the IA 32 Geo- sponding to questions Council reconvened in arty owners within 200 metric and Signali- from City Council, Wa- open session at 10:02 feet of the area were zation Improvements - ter Pollution Control p.m. stating that staff informed of the re- US 20 to JFK Road Proj- Plant Manager Jona- had been given proper quest and the public ect. Seconded by than Brown stated that direction. hearing process. Devel- Jones. Motion carried the City paid Story There being no fur- oper Toby Kress, 3020 7-0. Construction $50,000 ther business, upon N. Cascade Road, Tenth and Central for the initial project motion the City Council spoke in support of the Parking Ramp and Fire estimate, which includ- adjourned at 10:03 p.m. proposed ordinance. Headquarters Expan- ed a constructability /s/Jeanne F. Schneider, Motion carried 7-0. sion Project: Proof of analysis, drawings, and CMC, City Clerk Request to Rezone - publication on notice complicated specifica- lt 6/30 Scott Potter: Proof of of public hearing to tions. Upon request publication on notice consider the plans and from Lynch, Brown will of public hearing to specifications, form of provide an explanation consider a request contract and estimated from Story Construc- from Scott Potter to cost for the Tenth and tion regarding their rezone property locat- Central Parking Ramp miscalculation of the ed'at 525 Garfield Ave- and Fire Headquarters project • estimate. nue / 1907 and 1911 Expansion Project and Brown added that Johnson Street from C- City Manager recom- microturbines can be 1 Neighborhood Com- mending approval. Mo- installed incrementally mercial District and R- tion by Jones to receive over the 20-year design 2A Alternate Two- and file the documents capacity of the plant. Family Residential Dis- and adopt Resolution Motion carried 7-0. trict to C-3 General No. 216-10 Approving All -Terrain Vehicles / from Washington to for final consideration erment Board. Second - Elm Streets: Proof of and passage of Ordi- ed by Lynch. Motion publication on notice nance No. 31-10 Re- carried 7-0. COUNCIL MEMBER REPORTS Voetberg requested City Council concur- rence to have staff form a partnership with the school system regarding additional recreational activities and sharing of facili- ties. Resnick reported that he recently greeted a group of visitors from Wisconsin who stated they were thrilled with the treatment they re- ceived while in Dubu- que. 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 Cit- ies Conference on the Reconnecting Disen- gaged Youth and that Dubuque was one of four cities invited to participate. Connors added that this con- cept needs more local exposure and elected official involvement. She requested regular updates from the Com- munity Foundation of Greater Dubuque on Every Child / Every Promise. PUBLIC INPUT School Board Member George Davis, 120 So. Grandview Avenue, provided additional in- formation regarding Voetberg's suggestion of a recreational part- nership stating that starting a dialogue would be helpful to ad- dress needs and oppor- tunities. CLOSED SESSION Motion by Jones to go into closed session at the City of Dubuque 8:43 p.m. regarding Code of Ordinances pending litigation and Sections 13-2C-3(B) property acquisition and 13-2C-3(C)(7) Es- pursuant to Chapter tablishing Basic Sewer 21.5(1)(c)(j) of the of public hearing to pealing City of Dubu- consider the plans and que Ordinance 16-10, specifications, form of amending Title 13 Pub - contract and estimated lic Utilities, Chapter 6 cost for the Green Alley Solid Waste, Section Project - 15th to 16th 13-6A-6 Rates and Street from Washing- Charges Established; ton to Elm Streets. Mo- Exceptions, Subsec- tion by Voetberg to re- tions A, B, C, D, and E; ceive and file the docu- and amending Title 13 ments and adopt Reso- Public Utilities, Chapter lution No. 213-10 Ap- 6 Solid Waste, Section proving plans, specifi- 13-6A-8 Yard Waste cations, form of con- and Food Scraps, Sub- tract, and estimated section D. Seconded by cost for the Green Alley Jones. Motion carried Project - 15th to 16th 7-0. Street from Washing- Water Pollution Con - ton to Elm Streets. trol Plant Modification Seconded by Connors. Project: City Manager Motion carried 7-0. recommending award Dubuque Regional Air- of the .public improve - port - Jet Drive Resur- ment contract for the facing Project: Proof of Water Pollution Control publication on notice Plant Modification Pro- of public hearing to ject to Miron Construc- consider the plans and tion Co., Inc., of Cedar specifications, form of Rapids, Iowa, for the contract and estimated base bid amount of cost for the Dubuque $49,750,000 and also Regional Airport - Jet authorize the inclusion Drive Resurfacing Proj- of bid alternatives 1B, 2 act and City Manager and 6 for an additional recommending appro- amount of $757,418 val. Motion by Jones to and further recom- receive and file the mending a sewer rate documents and adopt increase for Fiscal Year Resolution No. 214-10 2011. Motion by Con - Approving plans, sped- nors to receive and file fications, form of con- the documents, adopt tract and estimated Resolution No. 218-10 .cost for the Dubuque Construction contract Regional Airport - Jet for the Water Pollution Drive Resurfacing Proj- Control Plant Modifica- ect. Seconded by Braig. tion 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. Second- ed by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 32-10 Amending the ermma rea Pumping Station Im- Upon motion the docu- 2267 Carter Road; Ka- mercial District and R- bilization Program tie 9 Motor Ve is provements Project as ments were received ran Lyness, 89 Alpine 2A Alternate Two- funds. Seconded by and Traffic, Chapter 1 completed by Morse and filed and Resolu- Street; and David Family Residential Dis- Resnick. Motion car- General Provisions, Electric in the final tion No. 207-10 Setting Schlueter, 2645 Cres- trict to C-3 General vied 7-0. Section 9-1-321.1 Defi- amount of $615,475. a public hearing on a cent Ridge. Upon roll Commercial District. Upon motion the rules nitions by amending I Hoff- Seconded by Braigwere reinstated limit- the, definition of all - this