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Proof of Publication_City Council Proceedings 7 19 10I adopt kluezrem 274-10 umop dot alp a • con - spagm atuozg3 .timated a!etuotny, Catfish 33IIS10S Second- Motion CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. or July 19, 2010 in the His, toric Federal Building. 1 Present: Mayor Buo' Council Member Braig, Connors, Jone; Lynch, Resnick, Cit Manager Van Milligeliaj C Ab sent rCounc ldMeInJJ" UOD aSIRJo `SjU61j ber Voetberg Japu!jd b C 1 Mayor Buol rea is Preservation Com- call and stated th mission of 6/17; Hu- regular session man Rights Commis - City Council tc sion of 6/7; Long Range upon such bur planning Advisory that may prc Commission of 6/16; come before the Park and Recreation Council. Commission of 6/8; Zoning Advisory Com- mission of 7/7; Zoning Board of Adjustment of 6/24 Proof of publication of City Council Proceed- ings of June 21 and 22, 2010 and List of Claims and Summary of Reve- nues for Month Ended May 31, 2010 Library Board of Trustees Update from the Meeting of June 24, 2010 Substance Abuse Services Center Fourth Quarter Report for Fis- cal Year 2010 Upon motion the documents were re- ceived and filed. Notice of Claims /Suits: Troy Rabbett for property damage; Madonna Delaney for vehicle damage; Stephanie Schadl for personal injury /property dam- Pledge of Allegiz Invocation wa vided by Sr. if Rausch, Sisters Presentation PROCLAMATI Dubuque Coun Week was accep Jamie Blum, DL County Fair Ma Americans with bilities 20th Ann ry was accept Katrina Wilb Proudly Accessil buque; and Rl Day was accep Keith Rahe, Dt Convention anc tors Bureau. PRESENTATI Federal Tram ministration Rel Award for Ac ment was preser Economic Develc Director David and Transit M; Barbara Morck. CONSENT Ill Motion by Ly age. Upon motion the receive and fi documents were re- documents, ado resolutions, an ceived, filed and refer - red to the City Attor- pose of as inc ney. Seconded by Cit y Attorney advisin g Motion carried 6 that the following Minutes and f claims have been re Submitted: : C Ci ty ferred to Public Entity cil of 7/6; Civil Risk Services of Iowa Commission D of the agent for the low t Community D Communities As94r- ment Advisory ante Pool: May'inna mission of 6/16; on nds, A otiop" is tion cting low En- Project: Ition on c hear- er the r3f1C- f error. 5 0. /61 De- ement City nmend- Amend - e High - evelop- nt and I Bee of -way. Fors to le the adopt 276 -10 mend- 2009 International evelop- Residential Code: City it with Manager recommend - Devel- ing adoption of the nd ac- 2009 International Resi- Branch dential Code. Motion onded by Lynch to receive n car- and file the documents and that the require - ousing ment that a proposed s: City ordinance be consid- -mend- ered and voted on for ` three passage at two Council ire cer- meetings prior to the to cre- meeting at which it is g units to be passed be sus - 3reater pended. Seconded by in Re- Braig. Motion carried Motion 6 -0. ye and Motion by Lynch for Its and final consideration and n No. passage of Ordinance g cer- No. 42 -10 Amending im the City of Dubuque Code ing In- of Ordinances Title 14 create Building and Develop- . hous- ment, Chapter 1 Build - n the ing Codes, Article B In- en Ur- ternational Residential iistrict. Code, Section 14 -18 -1 innors. International Residen- B. tial Code Adopted and d Obli- Section 14 -1B -2 Inter - d Gen- national Residential Urban Code Amendments by City repealing such sec - end- tions and enacting new e ad- Sections 14 -1B -1 and ale of 14 -1B -2 adopting the ation 2009 International Resi- 010A, dential Code and pro - Obli- viding for the issuance new , permits and collec- 20 t n of fees therefore. I sponding to ques- ions from City Council, Zoning Advisory Com- missioner and Home - builders Association representative Ron Smith, 1640 Justin the advertisement for sale of $4,470,000 Gen- eral Obligation Bonds, Series 2010A, $2,675,000 Taxable General Obligation Ur- ban Renewal Bonds Series 2010B and, $2,825,000 General Ob- ligation Urban Renewal Bonds, Series 2010C. Seconded by Jones. Motion carried 6 -0. Rebranding Commit- tee for Keyline Transit: , YeNinana5 aentifiri Code Adopted and Sec- tion 14 -1A -2 Interna- tional Building Code Amendments by re- pealing such sections and enacting new Sec- tions 14 -1A -1 and 14- 1A-2 in lieu thereof adopting the 2009 In- ternational Building Code and providing for the issuance of permits and collection of fees therefore. Seconded by Braig. Motion carried 6 -0. Lane, stated that the referenced sprinkler systems for residential properties is cost pro- hibitive and needs to be addressed by the State. The Home - builders Association is looking at options. Mo- TATE OF IOWA tion carried 6 -0. Build- ing Services Manager Rich Russell reiterated the competitive disad- vantage regarding the sprinkler systems and described the makeup of the Building Code Board of Appeals. Seconded by Braig. Motion carried 6 -0. 2009 International Plumbing Code: City Manager recommend- ing adoption of the 2009 International Plumbing Code. Motion by Jones to receive and file the documents and that the requirement nrnnncori nrrll- 80, 13S NOIS0 ;o ,t 81PC V 9 £tF`£IS :i VIM 9WI r � * 3° M � ao� 60, N)d8H31YN 31 9EV lS wnoosl0 uluuld 00951unoosin DGLfH 000'ES alegaa /uoloed 0E81'ES dIJSIN 81100X# 'ouAg '5156 ull Jamod 'spaUn pep awoigo yowl 8 l I 'OW 09 80d add % UBUQUE COUNTY Subscribed to before me this d'$' day of {SS: CERTIFICATION OF PUBLICATION , Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa orporation, publisher of the Telegraph Herald,a newspaper of general circulation ublished 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 ates: July 28, 2010, and for which the charge is $468.20. J ' ,l l'`E , V otary Public in and for Dubuque County, Iowa, ,20 /a . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2011 d1uT:zreM L-Tolaed . uaop dol aT;l Ind sJ qM aino2TID aTlzmolny 3311S10S CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque Cit Council met in regula session at 6:30 p.m. or July 19, 2010 in the His toric Federal Building. C Present: Mayor Buol Council Member Braig, Connors, Jone Lynch, Resnick, Cit Manager Van Milligei!8j City Attorney Lindahl IJj000 2Sit113'S;y6q Absent: Council Men ber Voetberg JaPUi A3 b tly-LL l __ Mayor Buol rea is Preservation Com- mit and stated th mission of 6/17; Hu - regular session c man Rights Commis - City Council to sion of 6/7; LongRange upon such bu! Planning dvisory that may prc Commission of 6/16; come before the Park and Recreation Commission of 6/8; Zoning Advisory Com- mission of 7/7; Zoning Board of Adjustment of 6/24 Proof of publication of City Council Proceed- ings of June 21 and 22, 2010 and List of Claims and Summary of Reve- nues for Month Ended May 31, 2010 Library Board of Trustees Update from the Meeting of June 24, 2010 Substance Abuse Keith Rahe, Di Services Center Fourth Convention and Quarter Report for Fis- tors Bureau. cal Year 2010 PRESENTATI, Upon motion the Federal Trans documents were re - ministration Rec ceived and filed. Award for Ac Notice of ment was preser Claims/Suits: Troy Economic Develo Rabbett for property Director David damage; Madonna and Transit Ml Delaney for vehicle Barbara Morck. damage; Stephanie CONSENT ITF Schadl for personal Motion by Ly injury/property dam - receive and fi age. Upon motion the documents, adc documents were re - resolutions, an ceived, filed and refer - pose of as inc red to the City Attor- Seconded by ney. Motion carried 6 City Attorney advising Minutes and I that the following Submitted: City claims have been re- cil of 7/6; Civil ferred to Public Entity Commission of Risk Services of Iowa, Community D the agent for the Iowa ment Advisory Communities Assur- mission of 6/16; ance Pool: Madonna Council. Pledge of Allegiz Invocation wa vided by Sr. JE Rausch, Sisters Presentation PROCLAMATIt Dubuque Coun Week was accep Jamie Blum, Du County Fair Ma Americans with bilities 20th Ann ry was accept Katrina Wilbt Proudly Accessit buque; and RA Day was accept Z$ opt the advertisement for -10 sale of $4,470,000 Gen- eci- eral Obligation Bonds, on- Series 2010A, ted $2,675,000 Taxable ish General Obligation Ur- tal- ban Renewal Bonds nd- Series 2010E and, tion $2,825,000 General Ob- ligation Urban Renewal En- Bonds, Series 2010C. ect: Seconded by Jones. n on Motion carried 6-0. fear- Rebranding Commit - the tee for Keyline Transit: ifiC3- 1;it1'ciMR(INYzs dBPUftf - rror. Code Adopted and Sec- tion 14-1A-2 Interna- De- tional Building Code nent Amendments by re - City pealing such sections tend- and enacting new Sec- iend- tions 14-1A-1 and 14- iigh- 1A-2 in lieu thereof ?lop- adopting the 2009 In - and ternational Building Bee Code and providing for way. the issuance of permits s to and collection of fees the therefore. Seconded by dopt Braig. Motion carried 6-10 6-0. end- 2009 International :lop- Residential Code: City with Manager recommend- avel- ing adoption of the ac- 2009 International Resi- snch dential Code. Motion ided by Lynch to receive car- and file the documents and that the require- ising ment that a proposed City ordinance be consid- end- ered and voted on for hree passage at two Council cer- meetings prior to the cre- meeting at which it is units to be passed be sus - miter pended. Seconded by Re- Braig. Motion carried Dtion 6-0. and Motion by Lynch for s and final consideration and No. passage of Ordinance cer- No. 42-10 Amending n the City of Dubuque Code 1g In- of Ordinances Title 14 :reate Building and Develop- hous- ment, Chapter 1 Build- s the ing Codes, Article B In- ,n Ur- ternational Residential strict. Code, Section 14-1B-1 nnors. International Residen- t. tial Code Adopted and I Obii- Section 14-1B-2 Inter- .1 Gen- national Residential Urban Code Amendments by City repealing such sec- tnend- tions and enacting new he ad- Sections 14-1B-1 and tale of 14-1B-2 adopting the gation 2009 International Resi- 010A, dential Code and pro- Obli- viding for the issuance newal of permits and collec- 2010B tion of fees therefore. gation Responding to ques- onds, tions from City Council, Motion Zoning Advisory Com- ceceive missioner and Home - orients builders Association plution representative Ron lecting Smith, 1640 Justin 80, ao MS V 'osia 9 Lane, stated that the referenced sprinkler systems for residential properties i5 cost pro- hibitive and needs to be addressed by the State. The Home - builders Association is looking at options. Mo- tion carried 6-0. Build- ing Services Manager Rich Russell reiterated the competitive disad- vantage regarding the sprinkler systems and described the makeup of the Building Code Board of Appeals. Seconded by Braig. Motion carried 6-0. 2009 International Plumbing Code: City Manager recommend- ing adoption of the 2009 International Plumbing Code. Motion. by Jones to receive an . file the documents and that the requirement thy} n tnncari nrdi- 7� R. 135 NOISIV *ow/ EWE IS WWI 9EE`l$ lunoos,a upuid oos$ lunoos!o OOWJ 000`E$ alegea tioloed OE810 dUSW 8Z100X#'3uks'04e6 ug JOMOd 'spawn pep awayo you! 81. 'OW 09 OW HcJV % ))II 4 1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION , 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: July 28, 2010, and for which the charge is $468.20. Subscribed to before me, this ci8o5 day of R3b2 otary Public in and for Dubuque County, Iowa, ,20 /0 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2011 is Preservation Com- mission of 6/17; ComeHu- - man Rights sion of 6/7; Long Range Planning Advisory Commission of 6/16; Park and Recreation Commission of 6/8; Zoning Advisory Com- mission of 7/7; Zoning Board of Adjustment of 6/24 Proof of publication of City Council Proceed- ings of June 21 and 22, 2010 and List of Claims and Summary of Reve- nues for Month Ended May 31,2010 Library Board of .; Trustees Update from the Meeting of June 24, 2010 Substance Abuse Services Center fFourth Quarter Report Fis- cal Year 2010 Upon motion the documents were re- ceived and filed.iNotce of Claims/Suits: Troy Rabbett for property damage; Madonna Delaney for vehicle damage; Stephanie Schadl for personal injury/property dam- age. Upon motion the documents were re- ceived,and refer- red to thfile .City Attor- ney. advising City Attorney that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the lo a Communities ance Pool: Madonna va Delaney forTroy Rabbett damage; for property damage. Upon motion the docu- ments were received, filed and concurred. Fiscal Year 2011 Com- munity Development Block Grant (CDBG) Agreement City Man- ager recommending approval of the Fiscal ' Year 2011 Commuu'o k Development Grant Agreement with the U.S. Department of Housing and Ljrban De - HUD) in the amount noft ( $1,344,084. Upon motion the docu- ments were received and filed and Resolu- tion No. 253-10 Author- izing execution of a Community elop- Grant ment Block Agreement with the U.S. Department of Housing and Urban De- velopment was adopt- ed. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Police Officer. Upon motion the docu- ments were received and filed and made a matter of record. Radio Dubuque: Com- munication from Tho- mas W. Parsley, Gener- al Manager - Radio Du- buque, Inc., requesting po conduct aworks efiression tdisplay on Sunday, July 3, 2011. Upon motion trecdo docu- ment was ed, filed ed. FiscalpYear 2011 Workers' Compensa- tion City ExcessInsurance: recom- mending approval of the renewal proposal from Safety National for the City's workers' compensation excess insurance. Upon mo- tion the documents were received, and approved. Environmental Stew- mssion:AdvisorCommunica- tion from Wayne Klostermann, Chair - Environmental CStew- ms sion, issuing an o n- attend tthehe Comm s- sion's meetings to pro- pose new and innova- tive ways in which the City can move further along the continuum pon of sustainability. ent wasreceived and on the r filed. Beverly to Carlton Street - Sanitary Sewer Spot Repair Project: City mending ace eptance of the Beverly to Carlton Street - SanitarySewer Spot Repair Project as River. Upon motion Application - Lower Mo Der - complete by McDer- documents were re- consideration and ceived, filed and ap- Bee Branch Creek Re finalco of Ordinance molt Excavating Co. in storation Project: City Na 38 e0 Amending Ordinance the final contract proved. amount of $7,643.58. Final Plat Emerald Manager to submitanbe 16 of the City of Du Ti- Upon motion were the docu Acres No. 6: Zoning Ad- approval meets received visory Commission rec- application for I -JOBS II buque Code of Or l- and filed and Resolu ommending approval Disaster Prevention nopment Code a by Devee- l- • Grant Program funding •fy hereinafter CITY OID DUBUQUE, CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Jones, for the Fiscal Year zu. u ington Street: �i Yspo e i Avenue, as Connors,wasone . Braig,City Detention Basin Main- Manager recommend- act aS II) request. Planning Sery Lynch, Resnick, tenance Program. ing approval of the ac- ApplicaJobs tion i Water request. Manager Laura breakdown of costs cost for the US 62 Tra Gil representative. Mo on fo Manager Van Milligan,sage at two C Lindahl Upon motion the docu- ceptance of the Sher -antral Braig. Motion carried tion carried 6 0. prior report. Motion other speakers. Mike Project. Seconded by epee International and voted receivedtwo Pollution Control Plant Carstens provided a and concurred with fit Flow Enhancement teered to be the Coun na whit City Attorneytents were jff's Deed fora City staff p Stowers, 2413meeting at Absent: Council Mem and filed and Resolu story dwelling located Modifications: carried 6 0. asked how 6 0. Fuel Gas Code: City m beti passed b ber call an stated tion tNo.he final Adopt at 2015 Washington Manager requesting Sunset Ridge Recon- Avenue, REINRULTEEgTHE Manager recommend ended. Sewee Mayor Buolsession read the the final assess- Street. Upon motion approval ntsubmit anro act adoption of the pended. and this is a ing application for I vents II of publication e on rno- muche theiis project Upon motion rules ing the documents were app prevention of and towards assistance isreed 6-0. +` regular session of the Fment schedule foriscal Year 2010 Detene received and filed and Disaster tics of public hearing discussion the the Gas Motion Connors. S Jo io W. City Council to act tion Basin Maintenance Resolution No. 258 10 Grant Program funding plans available for fixed were reinstated limit-2009e International Fuel Motio. Mo ie conc own- ing Jones Code. receive and pal considerati upon such business gram was adopted. Approving the accept for the excess onion and to consider t specifications, income property to City Council. file the documents and rest may properly pooh street Retaining anrP of a Sheriff's management Pollution form of contract and n� Pstjens Responding City ACTION ITEMS ACTION itv Task that the requitement passage 10 An FEAnat of^thefor Dubuque iclevee to Kwik Stop FNative oodeMart Prmit to the eMart which it is tobe�passed ed by Braig. Motion and floodwall system Were Accessorize Me be suspended. Second - along the Mississippicarried by Connors for the Iowa Jobs (I -JOBS II) 6- . tion No. 254-10 Accept-. of the final plat o until fans City a 9 Building ing the Beverly to Carl Emerald Acres No. 6 as .for Creek Restota- described property to Sanitary Bos6iagGated at 75 John F. tail of costs could be p App ton Street requested byRoad from provided. Richard tions, form of contract ing that at easartici Seconded by B Sewer Spot Repair & Associates. Upon tion Project. Upon mo-Schmitt, 2249'/z Cen and estimated cost for City Council member BoarMotion carried 6 0. Project and authorizing motion the documents tion the documents KennedY pea 2009 interest Carl - payment of the con were received and filed were received and filed vel Planned Unit De -Code: e amount to the approval. and attend a public Plumbing and spoke in opposi- and City Manager rec- Committee for Keyli at Manager raceme in the sub- a PC Planned Commer- cation of the project Enhancement Project pate on the Rebranding tract and Resolution No. 257- and Resolution No. 262- velopment District with teal, asked for a clarifi- the US 52 Traffic Flow volunteer a 29th tea the final m Authorizing contractor was adopt- to Approving application cial Designation toing adoption of ed.plat e, Emerald Acres tithe Stanate oflowa I- General Commercial Bon to it. Michael ommen at the Pre -Interns Detention Basin Main Brennan, 3135 Central, Motion by Lynch to re -meeting oneighborhood 2009 No. 6 in the City of Du -asked for information ceive and file the docu- 2scot :30 p.m.plumbing Code. N tenance Assessments: buque, Iowa was JOBS II Disaster Pre District. Seconded by concerning lead pipe. meets and adopt Reso- Resource Center. Mo- by Jones to races\ City Manager recent- adopted. r vention Grant program Branch Kane, Norby & Reddick, Kathryn Luher, 525 lution No. 275-10ec fj- tion by Connors to re- r f Sher- for funding City roving plans, p ceive and file the docu- file the document Wash -mending approval Acceptance Lower Bee Branch Investment Company, owner of Avenue, and P form of conthat the reguiri en the final assessments iff's Deed - 2015 t Creek Restoration Proj- 'n support of the owner 2643Cfn�raal cations, s Connors volun- that a proposed tract, and estimated meets. Seconded by runs stated that ink Resolution No. 274-10 sale of $4,470,000 Gen- referenced sprink area incomes and documents and adopt the advertisement for Lanterns for resident Central Avenue being a 2010A, systems is sidt t highway. Mel Pothoff,DApproving plans,formspecs- Seal Obligation Bonds, 1 Series Taxable hibitive and needs property Vista of 28 5 traficct, and estimated $2,675,000 a2841y ownerCen2835 tract, and Central Ave- et fore the CatfishstGeneral ne al B dsr- be addressed by . Sae. TheociaHor Hor nue, expressed con- Creek Generator instal- ban Renewal Bonds State. The Resnick. Motion $2,825,000 General Ob- looking at options. I terns over the share of lation Project. Second- Series 2010B and, gation Urban Renewal tion carried 6-0. Bt.] assessment o costs and ed by the effect on home val- carriedS6-0.a Series 2010C. ing Services Mana W. Roo. Joe Puetz, 203 an a Traffic Flow En- Bonds, Seconded by Jones. Rich Russell retell hancement the competitive di' owner Roosevelt, Central,prntrl, proof of publication on Motion carried 6-0. spoke 2316ponto Rebranding Commit- vantage regarding ep in opposition an de- notice of public hear- sprinkler ed systems ms the project ing to consider the tee forna lerrequest- described er the ems and specifics tone of the Bui g I -11Vt1rl.3--w,Ip , _ tion Excess Insurance: City Manager recom- mending approval of the renewal proposal from Safety National for the City's workers' compensation excess insurance. Upon mo- tion the documents were received, flied and approved. Environmental Stew- ardship Advisory Com- mission: Communica- tion from Wayne Klostermann, Chair - Envlronmental Stew- ardship Advisory Com- mission, issuing an in- vitation to the public to attend the Commis- sion's meetings to pro- pose new and innova- tive ways In which the City can move further along the continuum of sustainability. Upon motion the document was received and filed. Beverly to Carlton Street - Sanitary Sewer Spot Repair Project: City Manager recom- mending acceptance of the Beverly to Carlton Street - Sanitary Sewer Spot Repair Project as completed by ,McDer- mott Excavating Co. in the final contract amount of $7,643.58. Upon motion the docu- ments were received and filed and Resolu- tion No. 254-10 Accept- ing the Beverly to Carl- ton Street - Sanitary CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 19, 2010 in the His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Sr. Jennifer Rausch, Sisters of the Presentation PROCLAMATIONS Dubuque County Fair Week was accepted by Jamie Blum, Dubuque County Fair Manager; Americans with Disa- bilities 20th Anniversa- ry was accepted by Katrina Wilberding, Proudly Accessible Du- buque; and RAGBRAI Day was accepted by Keith Rahe, Dubuque Convention and Visi- tors Bureau. PRESENTATION Federal Transit Ad- ministration Region 7 Award for Achieve- ment was presented by Economic Development Director David Heiar and Transit Manager Barbara Morck. 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 6-0. Minutes and Reports Submitted: City Coun- cil of 7/6; Civil Service Commission of 6/24; Community Develop- ment Advisory Com- mission of 6/16; Histor- Sewer Spot Repair. Project and authorizing payment of the con- tract amount to the contractor was adopt- ed. Detention Basin Main- tenance Assessments: City Manager recom- mending approval of the final assessments for the Fiscal Year 2010 Detention Basin Main- tenance Program. Upon motion the docu- ments were received and filed and Resolu- tion No. 255-10 Adopt- ing the final assess- ment schedule for the Fiscal Year 2010 Deten- tion Basin Maintenance Program was adopted. Heeb Street Retaining Wall Project: City Man- ager recommending acceptance of the Heeb Street Retaining Wall Project as com- pleted by Drew Cook & Sons Excavating, Inc. in the final contract amount of $75,586.40. Upon motion the docu- ments were received and filed and Resolu- tion No. 256-10 Accept- ing the Heeb Street Re- taining Wall Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Certificate of Comple- tion - Progressive Packaging, LLC: City Manager recommend- ing approval of the is- suance of a Certificate of Completion to Pro- gressive Packaging, LLC in the Dubuque In- dustrial Center West acknowledging com- pletion of their obliga- tions to construct Mini- mum Improvements as stipulated in the Devel- opment Agreement. Upon motion the docu- ments were received, filed and approved. Provisionally Accred- ited Levee (PAL) Prog- ress Report: City Man- ager transmitting the July 2010 Provisionally Accredited Levee (PAL) Progress Report to FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River. Upon motion the documents were re- ceived, filed and ap- proved. Final Plat - Emerald Acres No. 6: Zoning Ad- visory Commission rec- ommending approval of the final plat of Emerald Acres No. 6 as requested by Buesing & Associates. Upon motion the documents were received and filed and Resolution No. 257- 10 Approving the final plat of Emerald Acres No. 6 in the City of Du- buque, Iowa was adopted. Acceptance of Sher- iff's Deed - 2015 Wash- ington Street: City Manager recommend- ing approval of the ac- ceptance of the Sher- iff's Deed for a two- story dwelling located at 2015 Washington Street. Upon motion the documents were received and filed and Resolution No. 258-10 Approving the accept- ance of a Sheriff's Deed for the northerly 46 feet of Lot 20 in Steiner's Addition or Subdivision in the City of Dubuque, Iowa, ac- cording to the record- ed plat thereof, located at 2015 Washington Street was adopted. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manag- er recommending ap- proval of the submis- sion of delinquent wa- ter, sewer, refuse and storm water collection accounts to the Dubu- que County Treasurer. Upon motion the docu- ments were received and filed and Resolu- tion No. 259-10 Adopt- ing the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- cess. Equipment and Facilities in the amount of $17,000 for the Du- buque Art Center for six new Apple editing systems. Upon motion the documents were received, filed and ap- proved. Memorandum of Un- derstanding Iowa Power and Light: City Manager recommend- ing approval of a pro- posed amendment to the Memorandum of Understanding with Io- wa Power and Light for the conduct of the Smarter Electricity por- tion of the Smarter Sustainable Dubuque research partnership with IBM. Upon motion the documents were received, filed and ap- proved. Dubuque Yacht Basin: City Manager recom- mending approval of Leasehold Mortgage and Security Agree- ment and Assignments for the Dubuque.Yacht Basin, Inc. Upon motion the documents were received, filed and ap- proved. • Legislative Corre- spondence: Communi- cation to Senators Tom Harkin and Charles Grassley urging oppo- sition to Amendment 2 to H.R. 4899, the Public Safety Employer - Employee Cooperation Act. Upon motion the documents were re- ceived and filed, Contract Cleaning Service for Mini -Bus Cleaning: City Manager recommending appro- val to contract with Du- buque Janitorial to pro- vide weekly cleaning of (Native Wine) Permit to Kwik Stop Food Mart and Accessorize Me were adopted. Iowa Jobs (I -JOBS II) Application - Lower Bee Branch Creek Re- storation Project: City Manager requesting approval to submit an application for I -JOBS II Disaster Prevention Grant Program funding ,for the Lower Bee Branch Creek Restora- tion Project. Upon mo- tion the documents were received and filed and Resolution No. 262- 10 Authorizing the sub- mittal of an application to the State of Iowa !- JOBS 11 Disaster Pre- vention Grant program for funding for the Lower Bee Branch Creek Restoration Proj- ect was adopted. Iowa Jobs (I -JOBS II) Application - Water Pollution Control Plant Modifications: City Manager requesting approval to submit an application for 1-JOBS II Disaster Prevention Grant Program funding for the excess flow management portion of the Water Pollution Control Plant Modifica- tions. Upon motion the documents were re- ceived and filed and Resolution No. 263-10 Authorizing the sub- mittal of an application to the State of Iowa !- JOBS II Disaster Pre- vention Grant program for funding for the ex- cess flow management portion of the Water Pollution Control Plant Modification Project was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Dubuque County His- torical Society Lease for Mississippi Plaza Property: City Manager recommending that a public hearing be set for August 2, 2010 to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississip- pi River Museum and Aquarium and the new National River Center. Upon motion the docu- ments were received and filed and Resolu- tion No. 264-10 Intent to dispose of real prop- erty by the Fourth Amendment to the Lease Agreement be- tween the City of Du- buque and the Dubu- que County Historical Society was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. Sewer Revenue Capi- tal Loan Notes: City Manager recommend- ing that a public hear- ing be set for August 2, 2010 to consider the is- suance of not to ex- ceed $65,000,000 Sewer Revenue Capital Loan Notes. Upon motion the documents were re- ceived and filed and Resolution No. 265-10 Fixing date for a meet- ing on the authoriza- tion of a Loan and Dis- bursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes of Dubu- que, Iowa, and provid- ing for the publication of notice thereof was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Housing Commission: Three 3- to the meeting at which it is to be passed be suspended. Second- ed by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 38-10 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 75 John F. Kennedy Road from PUD Planned Unit De- velopment District with a PC Planned Commer- cial Designation to C-3 General Commercial District. Seconded by Jones. Joseph P. Kane, Kane, Norby & Reddick, representing Key City Investment Company, spoke in support of the request. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 6-0. Sunset Ridge Recon- struction Project: Proof of publication on no- tice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Sunset Ridge Recon- struction Project and City Manager recom- mending approval. City Manager advising that regardless of the outcome of the public hearing on the Sunset Ridge Reconstruction Project, there will be letters going out to property owners to re- move obstructions from the public right- of-way. Motion by Connors to receive and file the documents and adopt the resolutions. Seconded by Jones. Doug Henry, Fuerste Carew Law Firm, 200 Security Building, and representing 15 prop- erty owners, spoke stating that the addi- tion of sidewalks is not a requirement of the Americans with Disa- bilities Act and there- fore should not be in- cluded in this public fa- cility improvement or alteration. Mr. Henry added that there is no discrimination if no sidewalk exists. Jeff Eddy, 575 Sunset Ridge, reiterated that all area property own- ers submitted a peti- tion at the March 15 meeting against the addition of sidewalks. Mr. Eddy relayed what information was pro- vided by the City Attor- ney's Office and Engi- neering Department and asked that the area not be treated dif- ferently than any other area within the City. Responding to ques- tions from Council ad- dressing the City's sidewalk policy, Plan- ning Services Manager Laura Carstens stated that sidewalk require- ments are addressed through City's Unified Development Code, site development re- view process, and by subdivision regulations and coordinated through the Engineer- ing Department. City Engineer Gus Psihoyos stated that reconstruc- tion projects within the past 10 years have in- cluded the addition of sidewalks and only those properties that will abutthe proposed sidewalk are assessed. Assistant City Attorney Crenna Brumwell ad- dressed interpretation of the ADA stating that sidewalks are consid- ered a facility and since January 1992 al- teration of a facility and new construction must provide access. City Attorney Lindahl cited the City's Unified Development Code 11.16 which states there is a requirement for the construction of sidewalks in accord- ance with ADA stand- ards. Motion by Braig to amend the motion de- leting the sidewalk component from the low area incomes and Central Avenue being a highway. Mel Pothoff, 17591 Vista Drive, property owner of 2835 and 2841 Central Ave- nue, expressed con- cerns over the share of assessment costs and the effect on home val- uations. Joe Puetz, 203 W. Roosevelt, property owner 2316 Central, spoke in opposition to the project until a de- tail of costs could be provided. Richard Schmitt, 22491/2 Cen- tral, asked for a clarifi- cation of the project and spoke in opposi- tion to it. Michael Brennan, 3135 Central, asked for information concerning lead pipe. Kathryn Luher, 525 Rhomberg Avenue, and owner of 2643 Central Avenue, asked for a breakdown of costs and concurred with other speakers. Mike Stowers, 2413 Central Avenue, asked how much the City is paying towards the project and if assistance is available for fixed - income property own- ers. Responding to questions from City Council, City Engineer Gus Psihoyos provided construction detail and related costs stating that the difference in assessments is due to the east -side place- ment of the water main adding that property owners are responsible for their lines from the water main to the stop box and assessments could be lower. Psihoyos also ex- plained payment op- tions and that financial assistance is available for homeowners only. Water Plant Manager Bob Green stated that lead piping repair is not allowed, and has to be replaced according to current standards. Green said that service lines will be evaluated for condition during the project and the as- sessment adjusted and supplied more informa- tion regarding financial assistance. He added that trenchless techno- logy is still under re- view. Motion carried 6-0. Amended and Restat- ed Urban Renewal Plan for the Greater Down- town Urban Renewal District: Proof of publi- cation on notice of public hearing to con- sider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Re- newal District to add the Bluff Street Subar- ea and City Manager recommending appro- val. Long Rang Plan- ning Advisory Commis- sion recommending approval of the amend- ed and restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District. Motion by Jones to re- ceive and file the docu- ments and adopt Reso- lution No. 269-10 Ap- proving the amended and restated Urban Re- newal Plan for the Greater Downtown Ur- ban Renewal District. Seconded by Connors. Motion carried 6-0. Fiscal Year 2011 Budg- et Amendment: Proof of publication on no- tice of public hearing to consider the first amendment, to the Fis- cal Year 2011 budget and City Manager rec- ommending approval. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution Nb. 270-10 Ap- proving Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque. Seconded by Jones. Motion carried 6-0. Water Revenue Bonds: Proof of publi- cation on notice of public hearing to con- sider the issuance of not to exceed $5,700,000 Water Reve- nue Bonds for water main replacements and other water system im- provements and City Manager recommend - documents and adopt Resolution No. 274-10 Approving plans, speci- fications, form of con- tract, and estimated cost for the Catfish Creek Generator Instal- lation Project. Second- ed by Resnick. Motion carried 6-0. US 52 Traffic Flow En- hancement Project: Proof of publication on notice of public hear- ing to consider the plans and specifica- tions, form of contract and estimated cost for the US 52 Traffic Flow Enhancement Project and City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 275-10 Ap- proving plans, specifi- cations, form of con- tract, and estimated cost for the US 52 Traf- fic Flow Enhancement Project. Seconded by Braig. Motion carried 6-0. REINSTATE THE RULES Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Safe Community Task Force: City Manager submitting the second set of recommenda- tions from the Safe Community Task Force. Motion by Connors to receive and file the documents and refer the recommendations to staff. Seconded by Braig. Urban Strategies facilitators Susan Glassman and Carlotta Paige provided a slide presentation on Urban Strategies and their re- cent work with the Safe Community Task Force. Subcommittee updates were provided by Doug Stillings (Re- search and Facts), Joe Knoll (Enforcement), Mary Rae Braig (Man- agement of Physical Enforcement), Lynn Sutton (Neighborhood Engagement), and Michael Van Milligen (Section 8 Housing Choice Voucher Pro- gram). Responding to questions from City Council, Police Chief Mark Dalsing stated that enforcing a juve- nile curfew would have to involve a social agency resource. Connors clarified the recommendation for a Safe Community Com- mission. Housing and Community Develop- ment Director David Harris clarified how much rent the City can pay toward the Section 8 program per HUD re- quirements. Council expressed their grati- tude for the work of all the Task Force volun- teers and facilitators. Buol suggested sched- uling a work session and that the Task Force's recommenda- tion be given to staff for further considera- tion with a quick re- sponse back to Coun- cil. Motion carried 6-0. Dubuque Arboretum and Botanical Gardens: Communication from Jack Frick and Norma Denlinger, Dubuque Ar- boretum and Botanical Gardens, regarding their "Securing the Fu- ture" fund raising cam- paign and naming op- portunities and rights for roads in the Arbore- tum. Motion by Connors to receive and file and support the campaign. Seconded by Jones. Campaign Committee Chair Nor- ma Denlinger and Cam- paign Treasurer Mel Graves spoke in sup- port of the campaign. Motion carried 6-0. Dubuque Greenhouse Gas Inventory: City Manager submitting the Greenhouse Gas In- ventory and requesting that a work session be scheduled to explore the establishment of a municipal Climate Ac- tion Plan. Motion by Jones to receive and file documents and schedule a work ses- sion. Seconded by the advertisement for sale of $4,470,000 Gen- eral Obligation Bonds, Series 2010A, $2,675,000 Taxable General Obligation Ur- ban Renewal Bonds Series 2010E and, $2,825,000 General Ob- ligation Urban Renewal Bonds, Series 2010C. Seconded by Jones. Motion carried 6-0. Rebranding Commit- tee for Keyline Transit: City Manager request- ing that at least one City Council member volunteer to partici- pate on the Rebranding Committee for Keyline and attend a public meeting on July 29th at 2:30 p.m. at the Pre- scott Neighborhood Resource Center. Mo- tion by Connors to re- ceive and file the docu- ments. Seconded by Jones. Connors volun- teered to be the Coun- cil representative. Mo- tion carried 6-0. 2009 International Fuel Gas Code: City Manager recommend- ing adoption of the 2009 International Fuel Gas Code. 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 Connors. Motion car- ried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 39-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Co- des, Article G Fuel Gas Code, Section 14-1G-1 Fuel Gas Code Adopted by repealing such sec- tion and enacting a new section in lieu thereof and Section 406.4.1 Test Pressure and 406.4.2 Test Dura- tion by repealing such sections and enacting new sections in lieu thereof. Seconded by Braig. Motion carried 6-0. 2009 International En- ergy Conservation Code: City Manager recommending adop- tion of the 2009 Inter- national Energy Con- servation Code. 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 Braig. Motion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 40-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Co- des, Article C Energy Conservation Code, Section 14-1C-1 Inter- national Energy Con- servation Code Adopt- ed by repealing such section and enacting a new section in lieu thereof and Section 14- 1C-2 International En- ergy Conservation Code Amendments providing for the adop- tion of the Internation- al Energy Conservation Code (2009) and mak- ing amendments there- to. Seconded by Braig. Motion carried 6-0. 2009 International Building Code: City Manager recommend- ing adoption of the 2009 International Building Code. Motion by Connors 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 Braig. Motion carried 6-0. Motion by Connors for Lane, stated that the referenced sprinkler systems for residential properties is cost pro- hibitive and needs to be addressed by the State. The Home - builders Association is looking at options. Mo- tion carried 6-0. Build- ing Services Manager Rich Russell reiterated the competitive disad- vantage regarding the sprinkler systems and described the makeup of the Building Code Board of Appeals. Seconded by Braig. Motion carried 6-0. 2009 International Plumbing Code: City Manager recommend- ing adoption of the 2009 International Plumbing Code. 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 Connors. Motion car- ried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 43-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Co- des, Article H Interna- tional Plumbing Code, Section 14-1H-1 Inter- national Plumbing Code Adopted by re- pealing such section and enacting a new section in lieu thereof and Sections 14-1H-2, 14-1H-3, 14-1H-4, 14- 1H-5, and 14-1H-6 In- ternational Plumbing Code Amendments providing for the adop- tion of the Internation- al Plumbing Code (2009) and making amendments thereto. Seconded by Braig. Motion carried 6-0. 2009 International Me- chanical Code: City Manager recommend- ing adoption of the 2009 International Me- chanical Code. Motion by Connors 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 Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 44-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Co- des, Article F Interna- tional Mechanical Code, Section 14-1F-1 International Mechani- cal Code Adopted by repealing such section and enacting a new section in lieu thereof and Sections 14-1F-2 and 14-1F-3 Interna- tional Mechanical Code Amendments providing for the adoption of the International Mechani- cal Code (2009) and making amendments thereto. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS Jones reported that the Dubuque County Empowerment Board now has sufficient Council representation from the region and that he will not be sub- mitting an application to represent the Dubu- que City Council. Buol reported that af- ter thinking of an idea to carry a bag for pick- ing up litter, he noticed a citizen doing just that. There being no fur- ther business, upon motion the City Council adjourned at 10:50 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 7/28 )n y Ries 20th Annlvers3r" was accepted by atrina Wilberding, roudly Accessible Du- uque; and RAGBRAI ay was accepted by eith Rahe, Dubuque onvention and Visi- ors Bureau. PRESENTATION Federal Transit Ad- inistration Region 7 ward for Achieve- ent was presented by conomic Development irector David Heiar nd Transit Manager arbara Morck. 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 6-0. Minutes and Reports Submitted: City Coun- cil of 7/6; Civil Service Commission of 6/24; Community Develop- ment Advisory Com- ission of 6/16; Histor- tlon rW Z o U NI;r=epr ing the Heeb Street Re- taining Wall Project and authorizing pay- ment of the contract amount to the contrac- tor was adopted. Certificate of Comple- tion - Progressive Packaging, LLC: City Manager recommend- ing approval of the is- suance of a Certificate of Completion to Pro- gressive Packaging, LLC in the Dubuque In- dustrial Center West acknowledging com- pletion of their obliga- tions to construct Mini- mum Improvements as stipulated in the Devel- opment Agreement. Upon motion the docu- ments were received, filed and approved. Provisionally Accred- ited Levee (PAL) Prog- ress Report: City Man- ager transmitting the July 2010 Provisionally Accredited Levee (PAL) Progress Report to Accounts: City Manag- er recommending ap- proval of the submis- sion of delinquent wa- ter, sewer, refuse and storm water collection accounts to the Dubu- que County Treasurer. Upon motion the docu- ments were received and filed and Resolu- tion No. 259-10 Adopt- ing the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- cess Equipment and Facilities in the amount of $17,000 for the Du- buque Art Center for six new Apple editing systems. Upon motion the documents were received, filed and ap- proved. Memorandum of Un- derstanding - Iowa Power and Light: City Manager recommend- ing approval of a pro- posed amendment to the Memorandum of Understanding with Io- wa Power and Light for the conduct of the Smarter Electricity por- tion of the Smarter Sustainable Dubuque research partnership with IBM. Upon motion the documents were received, filed and ap- proved. Dubuque Yacht Basin: City Manager recom- mending approval of Leasehold Mortgage and Security Agree- ment and Assignments for the Dubuque.Yacht Basin, Inc. Upon motion the documents were received, filed and ap- proved. • Legislative Corre- spondence: Communi- cation to Senators Tom Harkin and Charles Grassley urging oppo- sition to Amendment 2 to H.R. 4899, the Public Safety Employer - Employee Cooperation Act. Upon motion the documents were re- ceived and filed, Contract Cleaning Service for Mini -Bus Cleaning: City Manager recommending appro- val to contract with Du- buque Janitorial to pro- vide weekly cleaning of ten mini -buses at an annual cost of $6,540. Upon motion the docu- ments were received, filed and approved. 2010 Governor's Vol- unteer Award: City Manager advising that Michelle Balek, the AmeriCorps VISTA who has been working .for the City of Dubuque since October 2009, on sustainability, com- munity outreach, vol- unteer coordination and organization .ca- pacity building, will re- ceive the 2010 Gover- nor's Volunteer Award on July 22, 2010. Upon motion the documents were received and filed. Signed Contracts: Bunker Hill Golf Course Irrigation Consultant Contract. Upon motion the document was re- ceived and filed. Liquor License Trans- fers: Request of the Dubuque County His- torical Society to trans- fer the liquor license of the National Mississip- pi River Museum and Aquarium to 501 Bell Street for the Taste of Dubuque on August 7, 2010. Upon motion the document was re- ceived, filed and ap- proved. Request of the Rotary Club of Dubuque to transfer their liquor li- cense to the Alliant Amphitheater for the Rock and Soul event on July 31, 2010. Upon mo- tion the document was received, filed and ap- proved. Liquor License Appli- cations: City Manager recommending appro- I f nnual liquor li cess flow management portion of the Water Pollution Control Plant Modification Project was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Dubuque County His- torical Society Lease for Mississippi Plaza Property: City Manager recommending that a public hearing be set for August 2, 2010 to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississip- pi River Museum and Aquarium and the new National River Center. Upon motion the docu- ments were received and filed and Resolu- tion No. 264-10 Intent to dispose of real prop- erty by the Fourth Amendment to the Lease Agreement be- tween the City of Du- buque and the Dubu- que County Historical Society was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. Sewer Revenue Capi- tal Loan Notes: City Manager recommend- ing that a public hear- ing be set for August 2, 2010 to consider the is- suance of not to ex- ceed $65,000,000 Sewer Revenue Capital Loan Notes. Upon motion the documents were re- ceived and filed and Resolution No. 265-10 Fixing date for a meet- ing on the authoriza- tion of a Loan and Dis- bursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes of Dubu- que, Iowa, and provid- ing for the publication of notice thereof was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on August 2, 2010 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Housing Commission: Three 3- year terms through Au- gust 17, 2013 (Terms of Eddy, Root and Schwendinger). Appli- cants: Barbara Fischer, 617 Lincoln Avenue; Ju- dy Root, 1008 Walnut Street; Dorothy Schwendinger, OSF, 3525 Windsor Avenue. Ms. Fischerspokein support of her appoint- ment. Transit Advisory Board: One 3-year term through July 30, 2011 (Vacant term of Crois- sant). One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, 2905 Wilder- ness Drive and Lu Ann Schmidt, 3395 Jackson Street. Ms. Schmidt spoke in support of her appointment. Appointments to the following Board: Build- ing Code Board of Ap- peals: Two 3-year terms through August 1, 2013 (Terms of Schwendinger - and Kolf) Journeyman/ Car- penter and Architect/ letters going out to Tor melt Imes horn UIe w ,�a,,. ac, w . �,14,4 property owners to re- water main to the stop Braig. Urban Strategies Motion by Jones for fi- pealing such section move obstructions box and assessments facilitators Susan nal consideration and and enacting a new from the public right- could be lower. Glassman and Carlotta passage of Ordinance section in lieu thereof of -way. Psihoyos also ex- Paige provided a slide No. 39-10 Amending and Sections 14-1H-2, Motion by Connors to plained payment op- presentation on Urban City of Dubuque Code 14-1H-3, 14-1H-4, 14- receive and file the tions and that financial Strategies and their re- of Ordinances Title 14 1H-5, and 14-1H-6 In - documents and adopt assistance is available cent work with the Building Development, ternational Plumbing the resolutions. for homeowners only. Safe Community Task Chapter 1 Building Co- Code Amendments Seconded by Jones. Water Plant Manager Force. Subcommittee des, Article G Fuel Gas providing for the adop- Doug Henry, Fuerste Bob Green stated that updates were provided Code, Section 14-1G-1 tion of the lnternation- Carew Law Firm, 200 lead piping repair is by Doug Stillings (Re- Fuel Gas Code Adopted al Plumbing Code Security Building, and not allowed, and has to search and Facts), Joe by repealing such sec- (2009) and making representing 15 prop- be replaced according Knoll (Enforcement), tion and enacting a amendments thereto. erty owners, spoke to current standards. Mary Rae Braig (Man- new section in lieu Seconded by Braig. stating that the addi- Green said that service agement of Physical thereof and Section Motion carried 6-0. tion of sidewalks is not lines will be evaluated Enforcement), Lynn 406.4.1 Test Pressure 2009 International Me - a requirement of the for condition during Sutton (Neighborhood and 406.4.2 Test Dura- chanical Code: City Americans with Disa- the project and the as- Engagement), and tion by repealing such Manager recommend- bilities Act and there- sessment adjusted and Michael Van Milligen sections and enacting ing adoption of the fore should not be in- supplied more informa- (Section 8 Housing new sections in lieu 2009 International Me- cluded in this public fa- tion regarding financial Choice Voucher Pro- thereof. Seconded by chanical Code. Motion cility improvement or assistance. He added gram). Responding to Braig. Motion carried by Connors to receive alteration. Mr. Henry that trenchless techno- questions from.City 6-0. and file the documents added that there is no logy is still under re- Council, Police Chief 2009 International En- and that the require - discrimination if no view. Motion carried 6-0. Mark Daising stated ergy Conservation ment that a proposed sidewalk exists. Jeff Amended and Restat- that enforcing a juve- Code: City Manager ordinance be consid- Eddy, 575 Sunset ed Urban Renewal Plan nile curfew would have recommending adop- ered and voted on for Ridge, reiterated that for the Greater Down- to involve a social tion of the 2009 Inter- passage at two Council all area property own- town Urban Renewal agency resource. national Energy Con- meetings prior to the ers submitted a peti- District: Proof of publi- Connors clarified the servation Code. Motion meeting at which it is tion at the March 15 cation on notice of recommendation for a by Jones to receive and to be passed be sus - meeting against the public hearing to con- Safe Community Com- file the documents and pended. Seconded by addition of sidewalks. sider an amendment to mission. Housing and that the requirement Braig. Motion carried Mr Eddy relayed what the Urban Renewal Community Develop- that a proposed ordi- 6-0. information was pro- Plan for the Greater ment Director David nance be considered vided by the City Attor- Downtown Urban Re- Harris clarified how and voted on for pas- ney's Office and Engi- newal District to add much rent the City can sage at two Council neering Department the Bluff Street Subar- pay toward the Section meetings prior to the and asked that the ea and City Manager 8 program per HUD re- meeting at which it is area not be treated dif- recommending appro- quirements. Council to be passed be sus- ferently than any other val. Long Rang Plan- expressed their grati- pended. Seconded by area within the City. ning Advisory Commis- tude for the work of all Braig. -Motion carried Responding to ques- sion recommending the Task Force volun- 6-0. tions' from Council ad- approval of the amend- teers and facilitators. Motion by Jones for fi- dressing the City's ed and restated Urban Buol suggested sched- nal consideration and sidewalk policy, Plan- Renewal Plan for the uling a work session passage of Ordinance ning Services Manager Greater Downtown Ur- and that the Task No: 40-10 Amending Laura Carstens stated ban Renewal District. Force's recommenda- City of Dubuque Code that sidewalk require- Motion by Jones to re- tion be given to staff of Ordinances Title 14 ments are addressed ceive and file the docu- for further considera- Building Development, ments and adopt Reso- tion with a quick re- Chapter 1 Building Co- des, Article C Energy Conservation Code, Section 14-1C-1 Inter- national Energy Con- servation Code Adopt- ed by repealing such section and enacting a new section in lieu thereof and Section 14- 1C-2 International En- ergy Conservation Code Amendments providing for the adop- tion of the Internation- al Energy Conservation Code (2009) and mak- ing amendments there- to. Seconded by Braig. Motion carried 6-0. 2009 International Building Code: City Manager recommend- ing adoption of - the 2009 International Building Code. Motion by Connors 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 Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 41-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Build- ing Codes, Article A Building Code and Reg- ulations, Section 14-1A- 1 International Building Code Adopted and Sec- tion 14-1A-2 Interna- tional Building Code Amendments by re- pealing such sections and enacting new Sec- tions 14-1A-1 and 14- 1A-2 in lieu thereof adopting the 2009 In- ternational Building Code and providing for the issuance of permits of the Resolution of Ne- er recommending ap- Motion by Connors. to and collection of fees cessity for the Sunset proval. Motion by receive and file the therefore. Seconded by Ridge Reconstruction Jones to receive and documents and adopt Braig. Motion carried Project. Seconded by file the documents and Resolution No. 276-10 6-0. Jones. Motion failed 4-2 adopt Resolution No. Authorizing Amend- 2009 International with Lynch and Braig 272-10 Instituting pro- ment #4 to a Develop- Residential Code: City voting nay. ceedings to take addi- ment Agreement with Manager recommend - Central Avenue Water tional action for the is- Highway 151/61 Devel- ing adoption of the Main (21st to 32nd suance of not to ex- opment, Inc. and ac- 2009 International Resi- Street) Project: Proof ceed $3,000,000 Gener- quisition of Bee Branch dential Code. Motion of publication on no- al Obligation Urban Re- right-of-way. Seconded by Lynch to receive tice of public hearing newal Bonds. Second- by Braig. Motion car- and file the documents to consider the plans ed by Lynch. Motion ried 6-0. and that the require Engineer requirements. and specifications, carried 6-0. Downtown Housing ment that a proposed Lynch moved to ap- form of contract and General Obligation Incentive Awards: City ordinance be consid- point James Kolf and estimated cost for the Bonds and Refunding Manager recommend- ered and voted on for John Schwendinger to Central Avenue Water General Obligation ing approval of three passage at two Council the Building Code Main (21st to 32nd Bonds: Proof of publi-projects to receive cer- meetings prior to the Board of Appeals for Street) Project and City cation on notice of tain incentives to cre- meeting at which it is three-year terms Manager recommend- public hearing to con- ate new housing units to be passed be sus - through August 1, 2013. ing approval. Motion sider the issuance of within the Greater pended. Seconded by Seconded by Connors. by Connors to receive not to exceed Downtown Urban Re- Braig. Motion carried Motion carried 6-0. and file the documents $4,575,000 General Ob- newal District. Motion 6-0. PUBLIC HEARINGS and adopt Resolution ligation Bonds for vari- by Jones to receive and Motion by Lynch for Upon motion the rules No. 266-10 Approving ous City projects and file the documents and final consideration and were suspended allow- plans, specifications, refunding Series 2002E adopt Resolution No. passage of Ordinance ing anyone present to form of contract, and General Obligation 277-10 Approving cer- No. 42-10 Amending address the City Coun- estimated cost for the Bonds and City Manag- tain awards from the City of Dubuque Code cil. Central Avenue Water er recommending ap- Downtown Housing In- of Ordinances Title 14 Key City Investment Main (21st to 32nd proval. Motion by Braig centive Pool to create Building and Develop - Company - Request to Streets) Project; Reso- to receive and file the new market -rate hous- ment, Chapter 1 Build - Rezone: Proof of publi- lution No. 267-10 Reso- documents and adopt ing units within the ing Codes, Article B In - cation on notice of lution with respect to Resolution No. 273-10 Greater Downtown Ur- ternational Residential public hearing to con- the adoption of the Instituting proceedings ban Renewal District. Code, Section 14-1B-1 sider a request from Resolution of Necessity to take additional ac- Seconded by Connors. International Resident through City's Unified Development Code, site development re- view process, and by subdivision regulations and coordinated through the Engineer- ing Department. City Engineer Gus Psihoyos stated that reconstruc- tion projects within the past 10 years have in- cluded the addition of sidewalks and only those properties that will abut. the proposed sidewalk are assessed. Assistant City Attorney Crenna Brumwell ad- dressed interpretation of the ADA stating that. sidewalks are consid- ered a facility and since January 1992 al- teration of a facility and new construction must provide access. City Attorney Lindahl cited the City's Unified Development Code lution No. 269-10 Ap- sponse back to Coun- proving the amended cil. Motion carried 6-0. and restated Urban Re- Dubuque Arboretum newal Plan for the and Botanical Gardens: Greater Downtown Ur- Communication from ban Renewal District. Jack Frick and Norma Seconded by Connors. Denlinger, Dubuque Ar- Motion carried 6-0. boretum and Botanical Fiscal Year 2011 Budg- Gardens, regarding et Amendment: Proof their "Securing the Fu- of publication on no- ture" fund raising cam- tice of public hearing paign and naming op - to consider the first portunities and rights amendment to the Fis- for roads in the Arbore- cal Year 2011 budget tum. Motion by and City Manager rec- Connors to receive and ommending approval. file and support the Motion by Braig to re- campaign. Seconded ceive and file the docu- by Jones. Campaign ments and adopt Reso- Committee Chair Nor- lution Nb. 270-10 Ap- ma Denlinger and Cam - proving Amendment paign Treasurer Mel No. 1 to the Fiscal Year Graves spoke in sup- 2011 budget for the port of the campaign. City of Dubuque. Motion carried 6-0. Seconded by Jones. Dubuque Greenhouse Motion carried 6-0. Gas Inventory: City Water Revenue Manager submitting Bonds: Proof of publi- the Greenhouse Gas In- 11.16 which states cation on notice of ventory and requesting there is a requirement public hearing to con- that a work session be for the construction of sider the issuance of scheduled to explore sidewalks in accord- not to exceed the establishment of a ance with ADA stand- $5,700,000 Water Reve- municipal Climate Ac- ards. nue Bonds for water tion Plan. Motion by Motion by Braig to main replacements and Jones to receive and amend the motion de- other water system im- file documents and leting the sidewalk provements and City schedule a work ses- component from the Manager recommend- sion. Seconded by resolution approving ing approval. Motion Connors. Sustainable plans, specifications, by Connors to receive Community Coordina- form of contract, and and file the documents tor Cori Burbach pro - estimated cost. and adopt Resolution vided a slide presenta- Seconded by Lynch. No. 271-10 Instituting tion. Ms Burbach and City Engineer Gus proceedings to take Green Dubuque Repre- Psihoyos stated that additional action for sentative Raki the. amendment would the issuance of not to Gianakouros respond - cause re -design of the exceed $5,700,000 Wa- ed to questions from entire project. Motion ter Revenue Bonds. City Council regarding failed 2-4 with -Resnick, Seconded by - Braig. calculation of -statistics Buol, Connors, and Motion carried 6-0. and margin of error. Jones voting nay. General Obligation Ur- Motion carried 6-0. Original motion . by ban Renewal Bonds: Highway 151/61 De - Connors to receive and Proof of publication on velopment Agreement file the documents and notice of public hear- - Amendment: City adopt the proposed ing to consider the is- Manager recommend - resolution approving suance of not to ex- ing approval of Amend - plans, specifications, ceed $3,000,000 in Gen- ment #4 to the High - form of contract, and eral Obligation Urban way 151/61 Develop - estimated cost; and Renewal Bonds for ment Agreement and the Resolution with re- downtown improve- acquisition of Bee spect to the adoption ments and City Manag- Branch right-of-way. va o a cense renewals as sub- Key City Investment for the Central Avenue tion for the issuance of Motion carried 6-0. tial Code Adopte an mitted. Upon motion Company to rezone Water Main (21st to not to exceed Sale of General Obli- Section 14-1B-2 Inter - the documents were property located at 75 32nd Street) Project; $4,575,000 General Ob- gation Bonds and Gen- national Residential received and filed and Kennedy Road from and Resolution No. 268- ligation Bonds. Second- eral Obligation Urban Code Amendments by Resolution No. 260-10 PUD Planned Unit De- 10 Approving schedule ed by Jones. Motion Renewal Bonds: City repealing such sec - Granting the issuance velopment with a PC of assessments and es- carried 6-0. Manager recommend- tions and enacting new of a Class "C" Beer Planned Commercial timate of total cost for Catfish Creek Genera- ing approval of the ad- Sections 14-1B-1 and Permit to Road Ranger Designation to C-3 the Central Avenue tor Installation Project: vertisement for sale of 14-1B-2 adopting the #1159 and Kwik Stop General Commercial Water Main (21st to Proof of publication on General Obligation 2009 International Resi- Food Mart; and Resolu- District and Zoning Ad- 32nd Street) Project. notice of public hear- Bonds, Series 2010A, dential Code and pro- tion No. 261-10 Grant- visory Commission rec- Seconded by Braig. ing to consider the Taxable General Obli- viding for the issuance ing the issuance of a ommending approval. Randall Hess, 595 Park plans and specifica- gation Urban Renewal of permits and collec- Class "C" Beer/Liquor Motion by Connors to Avenue, Belvidere, IA, tions, form of contract Bonds, Series 2010E tion of fees therefore. License to Shannon's receive and file the and owner of 2691 Cen- and estimated cost for and General Obligation Responding to ques- Bar and Grill, House of documents and that tral Avenue, spoke in the Catfish Creek Gen- Urban Renewal Ponds, tions from City Council, China, Walnut Tap and the requirement that a opposition to the proj- erator Installation Proj- Series 2010C. Motion Zoning Advisory Com- Knicker's Saloon; a proposed ordinance be ect. Amanda Haas, ect and City Manager by Connors to receive missioner and Home - Class "B" Wine Permit considered and voted 2257 Central Avenue, recommending appro- and file the documents builders Association to Road Ranger #1159; on for passage at two spoke in opposition to val. Motion by Jones to and adopt Resolution representative Ron and a Class "WBN" Council meetings prior the improvement citing receive and file the No. 278-10 Directing Smith, 1640 Justin Motion by Connors for final consideration and passage of Ordinance No. 44-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Co- des, Article F Interna- tional Mechanical Code, Section 14-1F-1 International Mechani- cal Code Adopted by repealing such section and enacting a new section in lieu thereof and Sections 14-1F-2 and 14-1F-3 Interna- tional Mechanical Code Amendments providing for the adoption of the International Mechani- cal Code (2009) and making amendments thereto. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS Jones reported that the Dubuque County Empowerment Board now has sufficient Council representation from the region and that he will not be sub- mitting an application. to represent the Dubu- que City Council. Buol reported that af- ter thinking of an idea to carry a bag for pick- ing up litter, he noticed a citizen doing just that. There being no fur- ther business, upon motion the City Council adjourned at 10:50 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 7/28