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9 21 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O’Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. Absent: Mayor Roy D. Buol Mayor Pro-Tem Connors read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Sister Beth Driscoll, Sisters of the Presentation, Leadership Team. PROCLAMATIONS Constitution Week (September 17 – 23, 2009) was accepted by Carla Burchett, 3855 Creston; Day of Peace (September 21, 2009) was accepted by Sister Pat Farrell, 1003½ Davis Street; Arts and Humanities Month (October, 2009) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Geri Shafer, 1207 Adeline Street; Crop Walk Day in Dubuque (October 4, 2009) was accepted by Sr. Anita Hayes, 1965 South. Grandview Avenue; Week without Violence (October 18 – 24, 2009) was accepted by Sr. Charla Bulko of the Dubuque Community Y, 35 N. Booth Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 6-0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 8/4; Cable TV Regulatory Commission of 3/11; City Council of 9/8; Civil Service Commission of 9/1; Community Development Advisory Commission of 8/12; Environmental Stewardship Advisory Commission of 9/1; Historic Preservation Commission of 8/20; Human Rights Commission of 7/13; Transit Board of 8/13; Zoning Advisory Commission of 9/2; Library Board of Trustees Update from Meeting of August 27, 2009 Proofs of publication of City Council Proceedings of August 17, 25 and 26, 2009 and List of Claims and Summary of Revenues for Month Ended July 31, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Progressive Classic Insurance Company a/s/o Paul Olson for vehicle damage; Accident Fund Insurance Company a/s/o Barbara Frondsen for personal injury; Joe Frederick for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jennifer Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for vehicle damage. Upon motion the documents were received and filed and concurred. Historic Preservation Commission: Communication from Eli Licht submitting his resignation from the Historic Preservation Commission. Upon motion the document was received and filed and the resignation accepted. Greyhound Park Road and Admiral Sheehy Drive – Plats: City Manager recommending approval of the plats of Greyhound Park Road and Admiral Sheehy Drive. Upon motion the documents were received and filed and Resolution No. 341-09 Approving plat of Lot A in the th southwest quarter of Fractional Section 17, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa; Resolution No. 342-09 Approving plat of Lot A in the th northeast quarter of Fractional Section 19, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa; and Resolution No. 343-09 Approving plat of Lot A in th the southeast quarter of Fractional Section 18, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa, were adopted. RESOLUTION NO. 341-09 APPROVING PLAT OF LOT A IN THE SOUTHWEST QUARTER OF FRACTIONAL th SECTION 17, TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5 P.M. IN CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, describing Lot A in the Southwest Quarter of Fractional Section 17, Township 89 North, Range 3 East of th the 5 P.M. in the City of Dubuque, Dubuque County, Iowa. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 342-09 APPROVING PLAT OF LOT A IN THE NORTHEAST QUARTER OF FRACTIONAL th SECTION 19, TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5 P.M. IN CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, describing Lot A in the Northeast Quarter of Fractional Section 19, Township 89 North, Range 3 East of th the 5 P.M. in the City of Dubuque, Dubuque County, Iowa. 2 Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 343-09 APPROVING PLAT OF LOT A IN THE SOUTHEAST QUARTER OF FRACTIONAL th SECTION 18, TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5 P.M. IN CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat th dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, describing Lot A in the Southeast Quarter of Fractional Section 18, Township 89 North, Range 3 East of th the 5 P.M. in the City of Dubuque, Dubuque County, Iowa. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the plat dated the 9 day of September, 2009, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk State Energy Program Application: City Manager recommending support of the State Energy Program Application submitted to the Iowa Office of Energy Independence for the Multi-Cultural Family Center. Upon motion the documents were received, filed, and approved. Fiscal Year 2009 Annual Plan Amendments #6 and #7: City Manager recommending approval of amendments to the Fiscal Year 2009 Action Plan to reallocate funding for the Community Development Block Grant Recovery (CDBG-R) funds, Community Development Block Grant (CDBG) and Homelessness Prevention and Rapid Re-Housing Program (HPRP). Upon motion the documents were received and filed and Resolution No. 344-09 Approving the Fiscal Year 2009 Annual Action Plan Amendment #6 and #7 for the Community Development Block Grant Recovery, Community Development Block Grant and Homelessness Prevention and Rapid Re-Housing Program funds was adopted. 3 RESOLUTION NO. 344-09 APPROVING THE FISCAL YEAR 2009 ANNUAL ACTION PLAN AMENDMENT 6 AND AMENDMENT 7 FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM AND COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY FUNDS Whereas, the City of Dubuque prepared and filed a Fiscal Year 2009 Annual Action Plan; and Whereas, the City of Dubuque approved a substantial amendment to the FY 2009 Annual Action Plan on May 5, 2009 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Recovery (CDBG-R); and Whereas, the City of Dubuque approved a substantial amendment to the FY 2009 Annual Action Plan on June 1, 2009 for the Community Development Block Grant Recovery (CDBG- R) funds from the U.S. Department of Housing and Urban Development (HUD) for the; and Whereas, the City now desires to amend said Fiscal Year 2009 Annual Plan to reallocate funding as per the attached Exhibit A and Exhibit B; and Whereas, the Community Development Advisory Commission reviewed the proposed amendments on September 9, 2009 and voted to approve said amendments and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2009 Annual Action Plan is hereby amended as per Amendments 6 and 7, hereto attached as Exhibit A and B. Section 2. That said Community Development Block Grant and Community Development Block Grant Recovery amendment as per Fiscal Year 2009 Annual Action Plan Amendment 6 attached hereto as Exhibit A is hereby approved. Section 3. That said Homelessness Prevention and Rapid Re-Housing Program amendment as per Fiscal Year 2009 Annual Action Plan Amendment 7 attached hereto as Exhibit B is hereby approved. Section 4. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2009 Annual Action Plan- Amendments 6 & 7 as required. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Homelessness Prevention and Rapid Re-Housing Program (HPRP) Agreement with Project Concern: City Manager recommending approval of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program in the amount of $502,294. Upon motion the documents were received and filed and Resolution No. 345-09 Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) was adopted. RESOLUTION NO 345-09 AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROJECT CONCERN INC. FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP). Whereas, the City of Dubuque has received funding from the U.S. Department of Housing and Urban Development (HUD) for the Homelessness Prevention and Rapid Re-Housing 4 Program (HPRP) in the amount of $502,294 under Title XII of the American Recovery and Re- investment Act of 2009; and WHEREAS, the City wishes to utilize Homelessness and Rapid Re-Housing funds to prevent individuals and families from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized; and Whereas, the City wishes to enter into an agreement with Project Concern Inc. for the Homelessness Prevention and Rapid Re-Housing Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby enters into an agreement with Project Concern, Inc for the Homelessness Prevention and Rapid Re-Housing Program in the amount of $502 294. Section 2. That the Mayor is hereby authorized to execute the attached agreement with Project Concern Inc. for the aforementioned program in accordance with the guidelines established by HUD for the Homelessness Prevention and Rapid Re-Housing Program . st Passed, approved and adopted this 21 day of September 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2008 through June 30, 2009, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 346-09 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding June 30, 2009 was adopted. RESOLUTION NO. 346-09 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2008 AND CONCLUDING JUNE 30, 2009 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2008 and concluding June 30, 2009; 2) published notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 24, 2009; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and Community Development Department and City of Dubuque website; 4) held a public hearing pursuant to published notice before the Community Development Advisory Commission on September 9, 2009; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 5 Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding June 30, 2009 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. st Passed, approved and adopted this 21 day of September 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Fiscal Year 2009 Street Finance Report: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2009 Street Finance Report for submittal to the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 347- 09 Approving the City of Dubuque Fiscal Year 2009 Street Finance Report was adopted. RESOLUTION NO. 347-09 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2009 CITY STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2008, to June 30, 2009, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk PEG Capital Grant Expenditure: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to the City of Dubuque for $3,874.79 to run audio and video cables to enable live and recorded telecasts from the historic section of the Carnegie-Stout Public LibraryUpon motion the documents were . received, filed, and approved. Rebuild Iowa Office (RIO) Smart Growth Green Paper: City Manager recommending approval of a City of Dubuque position statement on the Rebuild Iowa Office Smart Growth Green Paper, entitled: Recovering from the Storms, Planning for the Future: A Safer, Smarter, Stronger Iowa. Upon motion the documents were received, filed, and approved. Historic Millwork District (HMD) Bike and Pedestrian Facilities: City Manager recommending approval of the submission of a Statewide Transportation Enhancements Grant Application and a Federal Recreational Trails Grant Application for the Historic Millwork District Bike and Pedestrian Facilities. Upon motion the documents were received and filed and Resolution No. 348-09 Approving submittal of a Statewide Enhancement Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities 6 Project and Resolution No. 349-09 Approving submittal of a Federal Recreational Trails Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project were adopted. RESOLUTION NO. 348-09 APPROVING SUBMITTAL OF A STATEWIDE ENHANCEMENT GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR HISTORIC MILLWORK DISTRICT BIKE AND PEDESTRIAN FACILITIES PROJECT. Whereas, the Iowa Department of Transportation has announced the eligibility of bike and pedestrian facilities for Statewide Enhancement Program Funding; and Whereas, the City has adopted a Tri-State Trail Plan that identifies a community-wide bike/pedestrian network, including routes in the Historic Millwork District; and Whereas, the City has adopted a Historic Millwork District Master Plan that includes the installation of bike and pedestrian facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this grant application to the Iowa Department of Transportation for Statewide Enhancement Program Funding for the Historic Millwork District Bike and Pedestrian Facilities Project. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. st Passed, approved and adopted this 21 day of September 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 349-09 APPROVING SUBMITTAL OF A FEDERAL RECREATIONAL TRAILS GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR HISTORIC MILLWORK DISTRICT BIKE AND PEDESTRIAN FACILITIES PROJECT. Whereas, the Iowa Department of Transportation has announced the eligibility of bike and pedestrian facilities for Federal Recreational Trails Program Funding; and Whereas, the City has adopted a Tri-State Trail Plan that identifies a community-wide bike/pedestrian network, including routes in the Historic Millwork District; and Whereas, the City has adopted a Historic Millwork District Master Plan that includes the installation of bike and pedestrian facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this grant application to the Iowa Department of Transportation for Federal Recreational Trails Program Funding for the Historic Millwork District Bike and Pedestrian Facilities Project. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. st Passed, approved and adopted this 21 day September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 7 Plat of Survey – Bonson and Stewart’s Subdivision: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot E in the Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and Resolution No. 350-09 Approving a plat of survey of Bonson and Stewart’s Subdivision Lot E in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 350-09 APPROVING A PLAT OF SURVEY OF BONSON AND STEWART’S SUBDIVISION LOT E IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk Bonson and Stewart’s Subdivision Lot “E” in the City of Dubuque, Iowa; and Whereas, said subdivision provides Lot “E” with 3,858 square feet of lot area, where 5,000 square feet of lot area is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the subdivision has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said subdivision has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot “E” to have 3,858 square feet of lot area, where 5,000 square feet of lot area are required. Section 2. That the Bonson and Stewart’s Subdivision Lot “E” is hereby approved and the Mayor and City clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. st Passed, approved and adopted this 21 day of September 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has five appeals before the Property Assessment Appeal Board in Des Moines and three appeals before the Iowa District Court. Upon motion the documents were received and filed. Request to Purchase City Property: Communication from David W. Leifker, representing Raymond E. Tarkett, requesting to purchase a portion of the City alley which bisects his property. Upon motion the documents were received, filed, and referred to the City Manager. Housing Trust Fund Grant Application: City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 351- 09 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. RESOLUTION NO. 351-09 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS WHEREAS, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and 8 WHEREAS, IFA has made funding available in state-wide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and WHEREAS, a 25% local match is required for receipt of a funding award; and WHEREAS, the Housing Trust Fund Committee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $157 250; and WHEREAS, General Funds committed to the Washington Neighborhood revitalization initiative are available in the current year Housing and Community Development Department budget in sufficient amount to meet the matching funds requirement; and WHEREAS, other City funds have been committed to the Washington Neighborhood in support of the Housing Trust Fund’s initiative, including: Community Development Block Grant: $225 000 Lead Hazard Reduction Program: $60 000 CDBG Rental Rehab: $63 000 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $40 000 in current year General Funds as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final authority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhood. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Certificate of Completion – Malay Holdings, LLC – Vanguard: City Manager recommending approval of the issuance of a Certificate of Completion for Malay Holdings, LLC in the Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements as stipulated in the Development Agreement. Upon motion the documents were received, filed, and approved. Iowa Clean Air Attainment Program (ICAP) Application: City Manager recommending approval of the submission of a $500,000 Department of Transportation ICAP grant application for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers. Upon motion the documents were received and filed and Resolution No. 352-09 Authorizing an application for funding from the Iowa Clean Air Attainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers was adopted. RESOLUTION NO. 352-09 AUTHORIZING AN APPLCATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM FOR THE PURCHASE OF ONE MEDIUM DUTY HYBRID BUS AND TO CREATE A BUS ROUTE THAT SERVES THE AREA AROUND THE HOSPITALS AND MEDICAL CENTERS Whereas, the Iowa Clean Air Attainment Program (ICAP) provides funding for reducing congestion, reducing travel or single-occupant vehicle usage, and improving air quality; and Whereas the ICAP program is an 80/20 match, 80% state funds ($400,000), 20% local match funds ($100,000); and 9 Whereas, the City Council finds that the purchase of alternative fueled vehicles, more specifically, smaller medium-duty buses, which operate on alternative fuels such as Liquid Natural Gasor Compressed Natural Gas, would contribute to ICAP goals; and Whereas, the City Council further finds that a medical loop that serves Mercy Hospital and Finely Hospital as well as the medical centers surrounding the hospitals would promote clean air standards in Dubuque and provided a new form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the attached application to the Iowa Clean Air Attainment Program for funding for the purchase of a Medium Duty Hybrid bus and the operational costs for the proposed medical loop. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the application for ICAP. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Transmittal of GIS Data to FEMA Regarding DFIRM: City Manager recommending approval of the submission of a letter to FEMA requesting revision of the proposed boundary delineations on the preliminary DFIRM based on the GIS shape file prepared by HDR. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 353-09 Granting the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No. 354-09 Granting the issuance of a Class “B” Beer Permit to Happy Joe’s and a Class “C” Beer Permit to Phillips 66/Arby’s and Hy-Vee Gas #2; and Resolution No. 355-09 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Hilton Garden Inn; Class “C” Beer/Liquor License to Angie’s Bar, A & B Tap, Happy’s Place, The Grand Tap, Fat Tuesday’s, Loras College, Red Robin Burgers and Grand River Center; and a Class “WBN” Native Wine Permit to Gotta Have It were adopted. RESOLUTION NO. 353-09 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW O’Clock Industries Patrick O’Clock 145 N. Crescent Ridge st Passed, approved and adopted this 21 day of September, 2009 Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 354-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and 10 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT J & P O’Hara, Inc. Happy Joe’s Ice Cream/Pizza 855 Century Drive +(Sunday Sale) CLASS “C” BEER PERMIT Liberty Station, LLC Phillips 66/Arby’s +(Sunday Sale) 10 S. Main Street Hy-Vee, Inc. Hy-Vee Gas # 2 +(Sunday Sale) 2435 NW Arterial Passed, approved and adopted this 21st day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 355-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B”(HOTEL/MOTEL) LIQUOR LICENSE DBQ Casino Hotel LLC Hilton Garden Inn/Houlihan’s Restaurant 1795 Greyhound Park +(Sunday/Outdoor Sale) CLASS “C” BEER/LIQUOR LICENSE Angela Mangeno Angie’s Bar+(Sunday Sale 1401 Elm Street DDA Enterprise, Inc. A & B Tap+(Sunday Sale) 2600 Central Avenue P.M.S.T. Inc. Happy’s Place+(Sunday Sale) 2323 Rockdale James Kohl The Grand Tap +(Sunday Sale) 802 Central Avenue Ibrico, Inc. Fat Tuesday’s+(Sunday Sale) 1121 University Aramark, Inc. Loras College Athletic/Wellness+(Sunday Sale) 1600 Cox Street Red Robin Intl. Red Robin Burgers+(Sunday/Outdoor Sale) 2775 NW Arterial Platinum Hospitality Grand River Center+(Sunday/Outdoor Sale) 500 Bell Street CLASS “WBN” (NATIVE WINE) Gotta Have It, Inc. Gotta Have It 315 Bluff Street Passed, approved and adopted this 21st day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk International Business Machines – Joint Development Agreement: City Manager recommending approval of a Joint Development Agreement between International Business Machines (IBM) and the City of Dubuque as authorized by the City Council on September 17, 2009. Upon motion the documents were received, filed, and approved. 11 ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 6-0. Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and Lease Agreement: This item was removed from the agenda. McEvoy Street – Alley Vacate: City Manager recommending that a public hearing be set for October 5, 2009 to consider a request from Laura Skelton for the vacation and disposal of an alley adjacent to 35 McEvoy Street. Upon motion the documents were received and filed and Resolution No. 356-09 Resolution of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. RESOLUTION NO. 356-09 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT B AND LOT I OF BONSON AND STEWART’S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Laura J. and Ricky A. Skelton have requested the vacating and disposal of a portion of an alley adjacent to 35 McEvoy Street; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of an alley adjacent to McEvoy Street and assigned lot number thereto, which hereinafter shall be known and described as Lot I of Bonson and Stewart’s Subdivision, a vacated portion of said alley described as Lot B of Bonson and Stewart’s Subdivision, previously platted by the Iowa Department of Transportation, all in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to vacate and dispose of its interest in Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, to Laura J. and Ricky A. Skelton be contingent upon the payment of surveying, platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 2009 Cured-in-Place (CIPP) Lining Project: City Manager recommending that the bid received for the 2009 Cured-in-Place (CIPP) Lining Project be rejected and to re-initiate the public bidding procedure and setting a public hearing for October 5, 2009. Upon motion the documents were received and filed and Resolution No. 357-09 Rejecting bids for the 2009 12 Cured-in-Place Lining Project; and Resolution No. 358-09 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. RESOLUTION NO. 357-09 REJECTING BIDS FOR THE 2009 SEWER CIPP LINING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2009 Sewer CIPP Lining Project (the Project) pursuant to Resolution No. 294-09 and notice to bidders published st in the City of Dubuque, Iowa, on the 21 day of August, 2009. th Whereas, sealed proposals were opened and read on the 10 day of September, 2009; and Whereas, the City Council has deemed it advisable to reject all bids and to re-bid the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids received on September 10, 2009, for the above Project be rejected. st Passed, adopted and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 358-09 2009 SEWER CIPP LINING PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 2009 Sewer CIPP Lining Project, in the estimated amount $182,716.60, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 5 day of October, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 2009 Sewer CIPP Lining Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in 13 a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids h before 2:00 p.m. on the 8 day of October, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the th 19 day of October, 2009, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission: One 3-year term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht). Applicant: David Klavitter, rd 1090 West 3 Street - Qualifies for Langworthy Resident Commissioner. Mr. Klavitter spoke in support of his appointment. Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Motion by Lynch to appoint Gayle Walter to the Environmental Stewardship Advisory Commission for a 3-year term through October 1, 2012. Seconded by Braig. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 2494 Pearl Street – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Tim McDonald to rezone property located at 2494 Pearl Street from R- 1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending denial. Motion by Jones to receive and file the documents and concur with the denial. Tim McDonald, 8188 Southern Hills Circle, spoke in support of the rezoning. Planning Services Manager Laura Carstens provided a staff report. Zoning Advisory Commission Vice Chairperson Charles Miller spoke on behalf of the Commission. Kevin DeMoss, 2486 Pearl; and Irvin Nauman, 2464 Pearl Street, spoke in opposition to the request. Motion carried 6-0. 400 Block of Lincoln Avenue – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone property located in the 400 block of Lincoln Avenue (Parcel #10-24-211-011) from R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Michelle Mihalakis, 2545 Jackson Street, spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. 14 Motion by Jones for final consideration and passage of Ordinance No. 47-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 400 block of Lincoln Avenue from R- 2A Alternate Two-Family Residential District to OR Office Residential District. Seconded by Voetberg. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 47-09 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 400 BLOCK OF LINCOLN AVENUE FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2A Alternate Two-Family Residential District to OR Office/Residential District to wit: All of Burton W. Boyes Place #3, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. st Passed, approved and adopted this 21 day of September, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of September, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Unified Development Code: Proof of publication on notice of public hearing to consider adoption of the Unified Development Code – Articles 1 through 15 and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and consider a first reading of a proposed ordinance establishing Title 16, Unified Development Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in conflict herewith. Seconded by Lynch. Planning Services Laura Carstens provided a staff report. Assistant City Attorney Tim O’Brien responded to questions from City Council Members. Motion carried 6-0. 40 Main, LLC: Proof of publication on notice of public hearing to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street and City Manager recommending approval. Proof of publication on notice of public hearing to consider disposition of real estate by Real Estate Contract with 40 Main, LLC and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 359-09 Vacating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 360-09 Disposing of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west 15 half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Voetberg. Chris Miller, 3211 North Cedar Court, spoke in support of the request. Motion carried 6-0. RESOLUTION NO. 359-09 VACATING LOT 1 OF 10A, LOT 1 OF 12A, AND LOT 1 OF 17A ALL IN THE WEST HALF OF BLOCK 1 AND LOT 1 OF 1A IN THE WEST HALF OF BLOCK 10 IN DUBUQUE HARBOR COMPANY’S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, 40 Main, LLC has requested a portion of Jones Street and adjacent alley north of Jones behind 42, 44, and 48 Main Street to be vacated; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Jones Street and adjacent alley north of Jones behind 42, 44, and 48 Main Street, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that vacated portion of Jones Street and adjacent alley north of Jones behind 42, 44, and 48 Main Street, are no longer required for public use, and vacating of said portion of Jones Street and adjacent alley north of Jones behind 42, 44, and 48 Main Street known as Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the plats thereof. Section 3. 40 Main, LLC agrees that neither the City of Dubuque and nor any other utility provider shall not be responsible for any expenses necessary to remove, relocate, repair, remodel, maintain, or replace any above ground improvements in the easement area, including, but not limited to, landscaping, fencing, retaining walls, and colored or patterned concrete within the easement area, as a result of the removal, relocation, repair, remodeling, maintenance or replacement of any utilities in the easement area. 40 Main, LLC further agrees to defend, indemnify, and hold harmless the City of Dubuque and any other utility from and against any and all claims of any kind for any expenses necessary to remove, relocate, repair, remodel, maintain, or replace any above ground improvements in the easement area. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 16 RESOLUTION NO. 360-09 DISPOSING OF CITY INTEREST IN LOT 1 OF 10A, LOT 1 OF 12A, AND LOT 1 OF 17A ALL IN THE WEST HALF OF BLOCK 1 AND LOT 1 OF 1A IN THE WEST HALF OF BLOCK 10 IN DUBUQUE HARBOR COMPANY’S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA BY REAL ESTATE CONTRACT WITH 40 MAIN, LLC Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa on this 11 day of September, 2009, the City Council of the City of Dubuque, st Iowa met on the 21 day of September, 2009, at 6:30 p.m. in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, to 40 Main, LLC, pursuant to the Real Estate Contract attached hereto; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A all in the West Half of Block 1 and Lot 1 of 1A in the West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa, to 40 Main, LLC be and the same is hereby approved for the sum of $157,583.00, plus the cost of platting, publication, and filing fees. Conveyance shall be by Real Estate Contract dated September 21, 2009 attached hereto. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the plats thereof. Section 3. 40 Main, LLC agrees that neither the City of Dubuque and nor any other utility provider shall not be responsible for any expenses necessary to remove, relocate, repair, remodel, maintain, or replace any above ground improvements in the easement area, including, but not limited to, landscaping, fencing, retaining walls, and colored or patterned concrete within the easement area, as a result of the removal, relocation, repair, remodeling, maintenance or replacement of any utilities in the easement area. 40 Main, LLC further agrees to defend, indemnify, and hold harmless the City of Dubuque and any other utility from and against any and all claims of any kind for any expenses necessary to remove, relocate, repair, remodel, maintain, or replace any above ground improvements in the easement area. Section 4. The Mayor is authorized and directed to execute the Real Estate Contract, and the City Clerk is hereby authorized and directed to deliver a deed of conveyance to 40 Main, LLC upon receipt of the purchase price in full. Section 5. The City Clerk is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 17 West End Commercial Subdivision: Proof of publication on notice of public hearing to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Commercial Subdivision and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 361-09 Vacating the final plat of West End Commercial Subdivision and Resolution No. 362-09 Disposing of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 361-09 VACATING THE FINAL PLAT OF WEST END COMMERCIAL SUBDIVISION Whereas, Brian Kane, representing Tschiggfrie Excavating Co., has requested the vacating of the Final Plat of West End Commercial Subdivision; in the City of Dubuque, Iowa, including platted streets, easements, and detention areas; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing vacated Final Plat of West End Commercial Subdivision, including platted streets, easements, and detention areas, which hereinafter shall be known and described as West End Commercial Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the Final Plat of West End Commercial Subdivision, including platted streets, easements, and detention areas are no longer required for public use, and vacating of said Final Plat of West End Commercial Subdivision, including platted streets, easements, and detention areas, re-platted as West End Commercial Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as the Final Plat of West End Commercial Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 362-09 DISPOSING OF CITY INTEREST INLOT A AND LOT B OF WEST END COMMERCIAL SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of th Dubuque, Iowa on this 11 day of September, 2009, the City Council of the City of Dubuque, st Iowa met on the 21 day of September, 2009, at 6:30 p.m. in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A and Lot B of West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot A and Lot B of West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa, to 18 Tschiggfrie Excavating Co. be and the same is hereby approved for the sum of $300.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Tschiggfrie Excavating Co. upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2010 budget and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 363-09 Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 363-09 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010 Be it Resolved by the Council of the City of Dubuque: Section 1. Following noticed published 9/9/09, and the public hearing held, 9/21/09, the current budget as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources 1 18,331,912 0 18,331,912 Taxes Levied on Property 2 0 0 0 Less: Uncollectted Property Taxes-Levy Year 3 18,331,912 0 18,331,912 Net Current Property Taxes 4 0 0 0 Delinquent Property Taxes 5 6,610,851 0 6,610,851 TIF Revenues 6 13,913,509 0 13,913,509 Other City Taxes 7 1,336,745 0 1,336,745 Licenses & Permits 8 12,833,420 3,162 12,836,582 Use of Money and Property 9 32,378,001 28,976,442 61,354,443 Intergovernmental 10 27,378,276 44,000 27,422,276 Charges for Services 11 278,000 1,321,650 1,599,650 Special Assessments 12 6,350,736 1,900,815 8,251,551 Miscellaneous 13 101,166,396 24,322,322 125,488,718 Other Financing Sources 14 220,577,846 56,568,391 277,146,237 Total Revenues and Other Sources Expenditures & Other Financing Uses 15 21,766,430 900,829 22,667,259 Public Safety 16 11,593,287 280,110 11,873,397 Public Works 17 847,063 111,332 958,395 Health and Social Services 18 8,955,550 104,979 9,060,529 Culture and Recreation 19 19 11,584,447 658,272 12,242,719 Community and Economic Development 20 6,547,820 315,537 6,863,357 General Government 21 5,970,043 0 5,970,043 Debt Service 22 30,619,440 44,707,574 75,327,014 Capital Projects 23 97,884,080 47,078,633 144,962,713 Total Government Activities Expenditures 24 70,940,795 23,913,809 94,854,604 Business Type / Enterprises 25 168,824,875 70,992,442 239,817,317 Total Gov Activities & Business Expenditures 26 56,921,932 10,845,998 67,767,930 Transfers Out 27 225,746,807 81,838,440 307,585,247 Total Expenditures/Transfers Out Excess Revenues & Other Sources Over 28 -5,168,961 -25,270,049 -30,439,010 (Under) Expenditures/Transfers Out Fiscal Year 29 0 N/A 0 Continuing Appropriation 30 30,078,556 13,520,014 43,598,570 Beginning Fund Balance July 1 31 24,909,595 -11,750,035 13,159,560 Ending Fund Balance June 30 st Passed this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Jeanne F. Schneider, City Clerk General Obligation Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $3,000,000 General Obligation Bonds to be used for various projects and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 364-09 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligation Bonds. Seconded by Resnick. Responding to questions from the City Council, Budget Director Jenny Larson stated that the City’s bond rating is very stable, and it will be reviewed with this issuance. City Manager Van Milligen stated that the City’s bond rating was upgraded in 2003. Motion carried 6-0. RESOLUTION NO. 364-09 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $3,000,000 General Obligation Bonds, for the essential corporate purposes of paying costs of the acquisition of sewer pipeline inspection equipment; the inspection and certification of the flood control levee system; the construction and installation of storm water management facilities, including the Bee Branch Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and replacement of street lights; the acquisition and installation of fiber optic conduit in connection with street improvements and watermain extensions; the repair and improvement of the Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway and hanger painting, hanger repairs and replacements and parking area paving; the acquisition and replacement of Fire Department ladder and pumper trucks and ambulances; and water utility improvements including the construction and installation of watermain extensions, ADA improvements, back-up power supply and water consumption studies and engineering, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 20 Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,000,000 General Obligation Bonds for the foregoing essential corporate purposes. Passed and approved this 21st day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 365-09 Instituting proceedings to take additional action for the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 365-09 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL OBLIGATION URBAN RENEWAL BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds, for the purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Greater Downtown Urban Renewal District and the Dubuque Industrial Center West Economic Development District, including those costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That pursuant to Section 384.25 of the City Code of Iowa this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for the foregoing purposes. st Passed and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Refunding Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City indebtedness and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 366-09 Instituting proceedings to take additional action for the issuance of not 21 to exceed $9,500,000 General Obligation Refunding Bonds. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 366-09 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $9,500,000 GENERAL OBLIGATION REFUNDING BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds, for the essential corporate purpose of paying costs of refunding and refinancing of certain City indebtedness, including the General Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15, 2001, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $9,500,000 General Obligation Refunding Bonds for the foregoing essential corporate purpose. st Passed and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Parking Ramp Concrete Crack Repair Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Ramp Concrete Crack Repair Project and City Manager recommending approval and award of the contract to Ram Construction Services of Minnesota LLC., in the amount of $213,900.00. Motion by Jones to receive and file the documents and adopt Resolution No. 367-09Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Parking ramp Concrete Crack Repair Project. Seconded by Voetberg. Motion carried 6-0. Motion by Jones to table the award of the public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project to September 23, 2009 at 5:00 p.m. in th Conference Room A in City Hall, 50 West 13 Street. Seconded by Voetberg. Motion carried 6-0. RESOLUTION NO. 367-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PORT OF DUBUQUE PARKING RAMP CRACK REPAIR AND CONCRETE SEALER PROJECT NOW, THEREFORE, BIT IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Ramp Crack Repair and concrete Sealer Project in the estimated amount of $700,000 are hereby approved. st Passed, adopted and approved this 21 day of September, 2009. 22 Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Heeb Street Retaining Wall Reconstruction Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 368-09 Approving plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 368-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HEEB STREET RETAINING WALL RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project, in the estimated amount $178,869.45, are hereby approved. st Passed, adopted and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk thth Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract thth and estimated cost for the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 369-09 Approving plans, specifications, form of th contract, and estimated cost for the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and th 7 Streets Project. Seconded by Braig. Traffic Engineer Dave Ness provided an explanation of the need for this project. Motion carried 6-0. RESOLUTION NO. 369-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TRAFFIC SIGNAL MASTARM RETROFIT PROJECT, CENTRAL AVENUE THTH AT 5 AND 7 STREETS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Traffic thth Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets, in the estimated amount $201,767.50, are hereby approved. st Passed, adopted and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Salt Dome Conveyor Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Salt Dome Conveyor Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 370-09 Approving plans, specifications, form of contract, and 23 estimated cost for the Salt Dome Conveyor Project. Seconded by Braig. Public Works Director Don Vogt provided an explanation of the need for this project. Motion carried 6-0. RESOLUTION NO. 370-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SALT DOME CONVEYOR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Salt Dome Conveyor Project, in the estimated amount $160,000.00, are hereby approved. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Pet Park: City Manager submitting the Park and Recreation Commission’s recommendation on resolution of the Pet Park issue and requesting City Council direction. Communications from Leora Bemboom, John Lau and Roger Ruden (with CD) regarding the dog park issue. Communication from Toni Kretschmer requesting that Nancy Stecklein be allowed to address the City Council regarding the dog park issue. Motion by Jones to receive and file the documents, adopt and concur with recommendations of the Park and Recreation Commission to develop a pet park at the Thermo-Fischer Scientific and Roosevelt Park sites, work on the future Human Society site, and to maintain the present North Grandview Avenue site in its present form. Seconded by Braig. Mayor Pro-Tem Connors allowed limited citizen input. Nancy Stecklein, 2360 Clarke Crest Drive, spoke in support of keeping the pet park open. Peggy Stover, 1145 Locust Street, spoke in favor of the additional sites and presented a petition in support of keeping the pet park open. Leisure Services Manager Gil Spence stated that user fees have not been considered but could be if directed by the City Council. Motion carried 5-1 with Voetberg voting nay. Advertisement for Sale of Bonds: City Manager recommending approval of the advertisement for the sale of Bond Series 2009A, 2009B and 2009C, approval of the electronic bidding procedures and the form of notice of sale, and authorize a preliminary official statement to be completed and distributed in connection with the offering of the bonds for sale. Motion by Lynch to receive and file the documents and adopt Resolution No. 371-09 Directing the advertisement for sale of $2,935,000 General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C, and approving electronic bidding procedures. Seconded by Braig. Motion carried 6-0. 24 RESOLUTION NO. 371-09 DIRECTING THE ADVERTISEMENT FOR SALE OF $2,935,000 GENERAL OBLIGATION BONDS, SERIES 2009A, $11,175,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2009B AND $9,500,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2009C, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Dubuque, Iowa (the "City") is in need of funds to pay costs of the acquisition of sewer pipeline inspection equipment; the inspection and certification of the flood control levee system; the construction and installation of storm water management facilities, including the Bee Branch Creek Restoration Project, and the reconstruction of storm sewers; the acquisition and replacement of street lights; the acquisition and installation of fiber optic conduit in connection with street improvements and watermain extensions; the repair and improvement of the Dubuque Regional Airport, including hanger heater and terminal boiler replacements, runway and hanger painting, hanger repairs and replacements and parking area paving; the acquisition and replacement of Fire Department ladder and pumper trucks and ambulances; and water utility improvements including the construction and installation of watermain extensions, ADA improvements, back-up power supply and water consumption studies and engineering, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose in the amount of not to exceed $3,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plans for the Greater Downtown Urban Renewal District and the Dubuque Industrial Center West Economic Development District, including those costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $13,500,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of refunding and refinancing of certain City indebtedness, including the General Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15, 2001, an essential corporate purpose project, and it is deemed necessary and advisable that 25 the City issue general obligation bonds for said purpose in the amount of not to exceed $9,500,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale in three separate series, in the aggregate principal amounts as hereinafter described; and WHEREAS, a preliminary form of Official Statement has been prepared for the purpose of offering the Bonds for sale to the public; and WHEREAS, it is appropriate that the form of the preliminary Official Statement be approved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and WHEREAS, the Council has received information from its Financial Consultant recommending that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bidding process and facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: © Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the preliminary Official Statement in the form presented to this meeting be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Finance Director, upon the advice of bond counsel and the City's financial consultant, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 5th day of October, 2009, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form: st Passed and approved this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 26 Bicycle Ordinance Provisions: City Manager recommending approval of an ordinance related to the regulation of bicycles which was inadvertently left out of the most recent Code of Ordinances update from Sterling Codifier. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Braig for final consideration and passage of Ordinance No. 48-09 Amending the City of Dubuque Code of Ordinances by adopting Article 7, Chapter 7 related to the registration, rules, and regulations for operation of bicycles within the City of Dubuque. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING ARTICLE 7, CHAPTER 7 RELATED TO THE REGISTRATION, RULES, AND REGULATIONS FOR OPERATION OF BICYCLES WITHIN THE CITY OF DUBUQUE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended to read as follows: Chapter 7 BICYCLES Sec. 7-7-1 Intent and Purpose Secs. 7-7-2 – 7-7-4 Reserved Sec. 7-7-5 Definitions Sec. 7-7-6 Equipment Sec. 7-7-7 Required Method of Riding a Bicycle Sec. 7-7-8 Clinging to Vehicles Sec. 7-7-9 Following Fire Apparatus Sec. 7-7-10 Bicycle Parking Sec. 7-7-11 Bicycle to be Driven to the Right Sec. 7-7-12 Bicycle Turn Signals Sec. 7-7-13 Left Turns by Bicycles Sec. 7-7-14 Passing on Right Sec. 7-7-15 Passing Within Lane Prohibited Sec. 7-7-16 Bicycle Not To Pass In or Between Lanes Sec. 7-7-17 Riding Abreast Sec. 7-7-18 Bicycle in Crosswalk Sec. 7-7-19 Abandoned, Unlicensed, and Unattended Bicycles Sec. 7-7-20 Reckless Operator of a Bicycle Secs. 7-7-21 – 7-7-29 Reserved Sec. 7-7-30 Registration Required Sec. 7-7-31 Registration Fees Sec. 7-7-32 Bicycle Records Sec. 7-7-33 Registration Sticker or Decal Sec. 7-7-34 Replacement of Registration Sticker or Decal Sec. 7-7-35 Altering, Counterfeiting of Registration Sticker or Decal Prohibited Sec. 7-7-36 Rental Agencies 27 Sec. 7-7-37 Bicycle Dealers and Repair Shops Sec. 7-7-38 Violation Sec. 7-7-39 Reserved ARTICLE I. IN GENERAL 7-7-1. Intent and Purpose. The City finds and declares that the regulation of the use of bicycles and the licensing of bicycles is in the public interest for the following reasons: (1) To provide for the registration of all bicycles owned by residents; (2) To facilitate the identification and location of bicycles reported stolen or missing; (3) To assist the Police Department in its efforts to prevent the theft of bicycles; (4) To establish safety equipment requirements for the operators of bicycles; and, (5) To establish regulations governing the operation of bicycles on streets, bike lanes, and sidewalks of the City. 7-7-2 – 7-7-4. Reserved. ARTICLE II. OPERATING BICYCLES 7-7-5. Definitions. As used in this Chapter, the following words shall have the following definitions: Bicycle shall mean a device as defined in Section 9-1-321-1 of this Code. Bicycle path shall mean a separate path that has been designated for use by bicycles by a traffic-control device or other sign and that is separated from the street for other vehicular traffic by open space or a barrier. Bicyclist shall mean a person operating or in actual physical control of a bicycle, including a person on foot walking a bicycle. Frame number shall mean a unique identifying number permanently stamped or cast on the frame of a bicycle. 7-7-6. Equipment. (a) Each bicycle, when in use on the streets of the City at any time from sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernable persons and vehicles at a distance of five hundred feet (500') ahead, shall be equipped with a lamp on the front exhibiting a white light visible from at least three hundred feet (300') to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet (300') to the rear; except that a red reflector of a type approved by the United States Consumer Products Safety Commission may be used in lieu of a rear light. Other lamps are permissible if no red light is directed towards the front, nor white light to the rear. (b) The use of sirens or whistles on a bicycle is prohibited. (c) No person shall drive a bicycle unless it is equipped with a functional brake. Unicycles are exempt from the brake requirement. (d) A person propelling a bicycle on the streets of the City shall not ride other than upon or astride a permanent and regular seat attached to the bicycle. (e) Each bicycle driven along the streets of the City shall have such other equipment, and the equipment shall be in such condition, as will allow it to be operated safely. 7-7-7. Required Method of Riding a Bicycle. (a) No bicycle shall be used by either the driver or any passenger to carry more passengers than the number for which it is designed or equipped. (b) An adult riding a bicycle may carry a child securely attached to the person in a backpack or sling. 28 (c) Every person driving a bicycle shall keep at least one (1) hand on the handlebars at all times and shall not carry any package, bundle, or article that obstructs the driver's vision or prevents the use of both hands in the control and operation of the bicycle. (d) Every person riding a bicycle upon a street shall have all of the rights and duties applicable to the driver of a vehicle except as modified by this Chapter. 7-7-8. Clinging to Vehicles. No bicyclist shall attach the bicycle or himself to any vehicle upon a roadway, sidewalk, or bike path. This Section shall not prohibit attaching a trailer or semi-trailer to a bicycle if that trailer or semi-trailer is designed for such attachment. 7-7-9. Following Fire Apparatus. No person riding a bicycle shall follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park such bicycle within the block where fire apparatus has stopped in response to a fire alarm or other emergency. 7-7-10. Bicycle Parking. (a) No person shall park a bicycle between the curb lines in such a way as to: (1) Cause an obstruction to or impede the flow of traffic or of pedestrians on public or private sidewalks; (2) Hinder or restrict access to handrails or ramps; (3) Lock the bicycle to a tree or fire hydrant; (4) Park on a street except in an area designated for bicycle parking; or, (5) Leave the bicycle locked to a pole or post owned by the City for more than twelve (12) consecutive hours. (b) Persons stopping or parking bicycles shall obey all the provisions of law regulating those activities on streets, but are exempt from other parking provisions unless specifically mentioned. 7-7-11. Bicycle to be Driven to the Right. (a) Every person driving a bicycle shall ride in the right-hand through lane of the roadway except under any of the following conditions: (1) When driving a bicycle in a bicycle lane; (2) When preparing for a left turn; (3) When reasonably necessary for safety; (4) When overtaking and passing on the left of another vehicle; (5) When on a one-way street, driving in the left through lane; or (6) When driving on a sidewalk as permitted by Section 7-7-18. (b) If any person drives a bicycle so slow as to impede or block the normal and legal forward movement of traffic proceeding immediately behind such vehicle, then such person shall drive within the right four feet (4') of the street until such impeded traffic has passed by, except when reasonably necessary for safety. A person driving on a one-way street may satisfy this requirement by driving in the left-hand four feet (4') of the street. (c) A bicycle may be driven on a paved shoulder if such driving does not violate any section of law for passing or direction of traffic. 7-7-12. Bicycle Turn Signals. The driver of a bicycle is exempted from giving the hand and arm signal continuously if the hand is needed in the control or operation of the bicycle, but it shall be given for a substantial period while stopped waiting to turn. The driver of a bicycle may signal a right turn by extending the right hand and arm horizontally. 7-7-13. Left Turns by Bicycles. 29 (a) The driver of a bicycle turning left in accordance with law may approach the turn anywhere within any separate left turn lane and may finish the turn by moving to the right lane as soon as it can be done in safety. (b) In addition to any other method specified by law, the driver of a bicycle may make a left turn by crossing the intersection as close as practicable to the right hand curb line to the far curb and then turning left to proceed in the proper position on the other roadway. A person making a left turn under the provisions of this Subsection may do so only after complying with all the obligations of drivers of vehicles approaching in the new direction on the other roadway. 7-7-14. Passing on Right. In addition to the permissible passing on the right specified in the Code of Iowa, the following overtaking and passing is permitted if completed in safety on unobstructed paved streets of sufficient width, and the overtaking vehicle is not stopped or slowed for a pedestrian: (1) The overtaking vehicle is a bicycle in a bike lane. (2) The overtaking vehicle is a bicycle that is traveling to the right of vehicles stopped or moving in the right hand lane of travel, but the bicycle may not pass the first vehicle stopped at an intersection unless the bicycle is preparing to turn right and the vehicle is not signaling a right turn, nor may the bicycle pass a moving vehicle that is signaling a right turn, nor may the bicycle pass vehicles within an intersection except a vehicle signaling a left turn. 7-7-15. Passing Within Lane Prohibited. Subject to special rules applicable to bicycles and rules permitting passing on the right, no driver of any bicycle shall pass another vehicle other than a bicycle within the same lane. But any bicycle may pass to the left of a bicycle within the same lane if it is done in safety, and if the overtaking bicycle does not come within three feet (3') of the bicycle. 7-7-16. Bicycle Not To Pass In or Between Lanes. Except as otherwise provided in this Chapter, the driver of a bicycle shall not overtake or pass in the same lane occupied by a four (4) or more wheeled vehicle being overtaken, nor shall any person overtake a bicycle between lanes of traffic or between adjacent lines or rows of vehicles. 7-7-17. Riding Abreast. Bicyclists on a street or a bicycle path shall not ride more than two (2) abreast. Bicyclists operating bicycles two (2) abreast on a laned street shall do so within a single lane. Bicyclists operating vehicles two (2) abreast on a street should not impede the normal and reasonable movement of traffic. 7-7-18. Bicycle in Crosswalk. (a) A person driving a bicycle upon a sidewalk or in a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian. (b) A person shall not drive a bicycle upon a sidewalk or in a crosswalk in those areas of the City where there is pedestrian congestion or at times in other areas of the City where there is pedestrian congestion. In such event, a bicyclist shall walk the bicycle if there is no street upon which a bicycle may be driven with safety. (c) Persons driving bicycles across a street and along a crosswalk from a sidewalk or bike path have all the duties applicable to pedestrians under the same circumstances and similarly have such rights, but only when the approach and entry into the street are made at a speed no greater than an ordinary walk so that other drivers may anticipate the necessity to yield when required. 7-7-19. Abandoned, Unlicensed, and Unattended Bicycles. 30 (a) Every bicycle left at any place for such times and under such circumstances as to cause the bicycle to reasonably appear to be abandoned or parked in such manner as to cause an immediate safety hazard, or an obstruction to entry or exit of a building area constitutes a public nuisance. If the person in possession of the bicycle is not present or is unwilling or unable to provide for its immediate removal, a police officer may remove and impound the bicycle. (b) Whenever any bicycle is found unlicensed by a police officer and there is no person in attendance upon the parked bicycle, the police officer is authorized to impound the bicycle. (c) Before the owner or person entitled to possession of any legally impounded bicycle shall be permitted to remove it from the custody of the bicycle pound or other authorized location, such person shall furnish evidence of identity and ownership of the bicycle and evidence of a validly issued bicycle license to be placed on the bicycle if no such license is permanently affixed to the bicycle. 7-7-20. Reckless Operator of a Bicycle. No bicyclist shall operate a bicycle recklessly or at a speed faster than is reasonably proper or in a manner so as to endanger the life, limb, or property of the bicyclist or of any other person. 7-7-21 – 7-7-29. Reserved. ARTICLE III. REGISTRATION 7-7-30. Registration Required. (a) Every bicycle owned or ridden within this City shall be registered pursuant to the provisions of this Article within ten (10) days of the date the bicycle is acquired or the residency of the owner is established. (b) Registration of bicycles shall be made at the City Clerk’s Office and at such other places and times as the Police Chief may determine to be in the best interest of the public. (c) No bicycle shall be registered unless it displays a frame number. No person engaged in the business of selling new or used bicycles at retail within this City shall buy or sell any new or used bicycle unless such bicycle has a frame number. (d) The City Clerk's Office and the Police Department shall not issue a license for any bicycle when it is known or there are reasonable grounds to believe that the applicant is not the owner of or entitled to the possession of the bicycle. (e) Exempt from the registration requirements of this Chapter are bicycles in the possession of bicycle dealers and available for sale to others and bicycles owned and operated by nonresidents of the City in competitive events or demonstrations conducted within the City. 7-7-31. Registration Fees. (a) For registrations on or after March 1, 2003, the fee for a bicycle registration shall be five dollars ($5.00). The license shall be valid for the length of time the bicycle is owned by the person to whom the license is issued. (b) Bicycle registration fees shall not be prorated, refundable, or transferred. 7-7-32. Bicycle Records. The Police Department shall keep a record of the number of each registration, the date issued, the name and address of the person to whom issued, and the number of the frame of the bicycle for which issued. 7-7-33. Registration Sticker or Decal. (a) The Chief of Police shall prescribe a form of sticker or decal bearing the registration number to be attached to the bicycle. The Chief of Police or Chief of Police's designee may 31 also prescribe an identifying marking to be stamped into the frame of the bicycle if the bicycle does not have a unique number stamped by the manufacturer. (b) The owner of a bicycle shall firmly attach the sticker or decal to the frame of the bicycle for which issued. (c) No person shall remove a license sticker or decal from a bicycle except upon transfer of ownership as provided herein or when the bicycle is dismantled and no longer operated upon any street in this City. 7-7-34. Replacement of Registration Sticker or Decal. In the event of loss or destruction of the original registration sticker or decal, the owner of the bicycle may secure a replacement upon the payment of a fee established by the City Manager. 7-7-35. Altering, Counterfeiting of Registration Sticker or Decal Prohibited. It shall be unlawful for any person to alter or counterfeit any registration sticker or decal issued in conformity with this Article. 7-7-36. Rental Agencies. A rental agency shall not rent or offer to rent any bicycle unless: (1) The bicycle is registered; (2) A registration sticker or decal is attached to the frame of the bicycle; and, (3) The bicycle is equipped with the lamps and other equipment required by state law or this Chapter. 7-7-37. Bicycle Dealers and Repair Shops. Upon receipt by any dealer or repair shop of a bicycle or portion thereof which includes the frame, if the frame number or any portion of it has been removed, tampered with, or in any manner made illegible, the dealer or repair shop shall make an immediate report to the Police Department. 7-7-38. Violation. A violation of the provisions of this Chapter is a scheduled violation in accordance with Section 805.8A of the Code of Iowa. If a fine is not listed under Iowa Code Section 805.8A the scheduled fine shall be fifteen dollars ($15.00). 7-7-39. Reserved. Section 2. This Ordinance shall take effect on publication. st Passed, approved and adopted the 21 day of September, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of September, 2009. National League of Cities: Communication from the National League of Cities requesting the designation of a voting delegate and alternate for the upcoming NLC Conference. Motion by Lynch to receive and file the documents with consensus designating Mayor Buol and Council Member Voetberg as voting delegates and Council Members Connors and Lynch as alternates. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the definition of a bicycle from the Iowa State Code, which the City complies with. 32 Connors acknowledged the positive community leadership and good local/national press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Veteran’s Memorial on Chaplain Schmitt Island on November 11. There being no further business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 33