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4 19 10 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 19, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, Assistant City Attorney O’Brien Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Chaplain David Pacholke of Finley Hospital PROCLAMATIONS Silver Star Banner Day (May 1, 2010) was accepted by John Galle and Gene Giltne of American Legion Post 6; Volunteer Week (April 18 – 24, 2010) was accepted by Michelle Hellmer, Carnegie-Stout Public Library Adult Services Manager; and Rotary Foundation Group Study Exchange Days (April 28 – May 1, 2010) was accepted by Douglas Pearce, President of the Rotary Club of Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#25) Environmental Stewardship Advisory Commission be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 3/2; City Council of 4/5 and 4/12; Civil Service Commission of 2/24, 3/12 and 4/1; Community Development Advisory Commission of 3/3; Historic Preservation Commission of 3/18; Human Rights Commission of 3/8; Zoning Advisory Commission of 4/7; Zoning Board of Adjustment of 3/10 and 3/25 Library Board of Trustees Update from the meeting of March 25, 2010 Proof of publication of City Council Proceedings of March 15, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Chiquitta Carroll for personal injury; Diane Boge for vehicle damage; Interstate Power and Light for property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Chiquitta Carroll for personal injury. Upon motion the document was received, filed and concurred. Snow Removal and Right-of-Way Obstruction Removal Assessments: City Manager recommending approval of the final assessments for snow removal and right-of-way obstruction removals. Upon motion the documents were received and filed and Resolution No. 99-10 Adopting the final assessment schedule for the Snow Removal and Right-of-Way Obstruction Removal Assessments was adopted. RESOLUTION NO. 99-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SNOW REMOVAL ASSESSMENT - RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT FINAL ASSESSMENTS, DATE: APRIL 19, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL, NUMBER, MAILING ADDRESS, CITY, STATE ZIP, STREET ADDRESS, VALUATION WITH IMPROVEMENT, SIDEWALK ASSESSMENT, ADMINISTRATIVE FEE, TOTAL NET ASSESSMENT 2 Brp Properties, LOT 1-1-46 OXFORD HGTS, State Central Bank, N 26'5" - N 2/5 OF CITY 1025106004, 8505 Southern Hills Ct., LOT 436, 1024256001, 1805 Kennedy Rd., Dubuque, IA 52003, 1010 University, Dubuque, IA 52001, 1876 Central Ave., $62,300.00, $143.75, $100.00, $243.75 $129,100.00, $32.75, $25.00, $57.75 Travis, Dallas, & Lawrence Kalmes, LOT 1 Bart & Gina Blean, LOT 14 BLK 5 METTEL OF CITY LOT 657A, 1024458002, 1038 Bluff BROOKS ADD, 1022451001, 1888 Avalon Rd., St., Dubuque, IA 52001, 1038 Bluff St., Dubuque, IA 52001, 1888 Avalon Rd., $93,100.00, $24.00, $25.00, $49.00 $137,400.00, $24.00, $25.00, $49.00 Jeffrey Fredericks & Maria Salud, LOTS 1-1-Brp Properties, LOT 1-1-2-1 SMYTHS SUB, 1-2, 2-1-1-2 & 1-1-1 & 2-1-1 ALL IN TRENK'S 1023329019, 8505 Southern Hills Ct., SUB, 1023485001, 1150 North Booth St., Dubuque, IA 52003, 1897 Clarke Dr., Dubuque, IA 52001, 1150 North Booth St., $93,500.00, $24.00, $25.00, $49.00 $122,400.00, $111.75, $75.00, $186.75 Dennis & Julie Brown, LOT 2-1-1-24 A Randall & Mildred Dolter, LOT 1-2-1-1-B-1-1-O'HARES SUB, 1026182013, 1950 Bennett, 1 OF MINERAL LOT 24, 1036328005, 1295 Dubuque, IA 52001, 1950 Bennett St., South Grandview, Dubuque, IA 52003, 1295 $118,800.00, $24.00, $25.00, $49.00 South Grandview Ave., $304,500.00, $24.00, Clara Finger, LOT 2-1-1-1-1 SMYTHS SUB, $25.00, $49.00 1023329021, 1955 Clarke Dr., Dubuque, IA Robert Neuwoehner, E 110' OF LOT 1 52001, 1955 Clarke Dr., $104,000.00, $83.13, OAKLAND PARK, 1023461030, 1405 Mt. $50.00, $133.13 Pleasant, Dubuque, IA 52001, 1405 Mt. Tanya Avenarius , N 46'-LOT 20 STEINER'S Pleasant St., $78,800.00, $27.50, $25.00, ADD, 1024214019, 2092 Admiral St., Dubuque, $52.50 IA 52001, 2015 Washington, $113,100.00, Mullet Enterprises LLC, LOT 2-1 OF CITY $132.76, $125.00, $257.76 LOT 667 1439-1441 BLUFF ST, 1024338010, Alliance Investments + Consulting LLC, LOT 14858 West Ridge Lane Suite 1, Dubuque, IA 3 & 4 STEINERS ADD 2024-2026 CENTRAL 52003, 1439/41Bluff St., $35,400.00, $35.50, AVE, 1024212008, 521 Edwin Dr., Virginia $25.00, $60.50 Beach, VA 23462, 2026 Central Ave., Daniel Peterson, LOT 147 WOODLAWN $115,800.00, $24.00, $25.00, $49.00 PARK ADD, 1023457005, 22213 W Avenue C, Brp Properties, E 58' OF 1 OF 13 OF MIN Brandenton Beach, FL 34217, 1515 Atlantic St., LOT 172, LOT 2 OF 3-13 OF MIN LOT 172, 2A $128,500.00, $27.00, $25.00, $52.00 OF1-4-13 M L 172, 1026132002, 8505 Secretary of Housing & Urban Devel., C/O Southern Hills Ct, Dubuque, IA 52003, 2069 Flagstar Bank , LOT 138 HAMS ADD, University, $89,900.00, $53.75, $25.00, $78.75 1118179001, 5151 Corporate Dr., Troy, MI Richard & Sandra Brenner, LOT 13 BLK 3 48098, 1790 Garfield Ave, $104,800.00, HILLCREST PARK, 1022253004, 705 $110.50, $75.00, $185.50 Kaufmann Ave., Dubuque, IA 52001, 2166 Gary & Susan Bay, S 1/2 S 1/5 CITY LOT Broadlawn, $63,400.00, $32.63, $25.00, $57.63 490, 1024257017, 80 West Dewey, Platteville, Secretary Of Housing & Urban Development, WI 53818, 1805 Jackson St., $64,500.00, C/O Best Assets Inc., LOT 18 TIVOLI ADD $27.00, $25.00, $52.00 2224-2226 FRANCIS, 1024129012, 501 Jennifer & Gregory Meyer, LOTS 200 & 201 Marquette Ave. Suite 1200, Minneapolis, MN WOODLAWN PARK, 1026130009, PO Box 762 55402, 2224 Francis St., $72,200.00, $29.75, , Dubuque, IA 52004, 1815 Loras Blvd., $25.00, $54.75 $133,700.00, $24.00, $25.00, $49.00 Belstar Property Investments LLC, E 1/2- Casey Olinger, LOT 202 WOODLAWN LOT 30 L H LANGWORTHYS ADD, PARK ADD, 1026130008, 1859 Loras, 1024202011, PO Box 1815, Dubuque, IA Dubuque, IA 52001, 1859 Loras Blvd., 52004, 2249 Jackson St., $49,300.00, $24.00, $87,100.00, $24.00, $25.00, $49.00 $25.00, $49.00 Tri-State Property Management, LOT 9 Ivan Divino, Dubuqueland Properties LLC, RECHES SUB 1862-1864 DELHI, 1026210002, LOT 12 NEW JACKSON SUB , 1013379013, 18186 Williamsburg Ct., Durango, IA 52039, PO Box 61, Dubuque, IA 52004, 2404 White 1862 Delhi St., $92,900.00, $59.50, $25.00, St., $68,300.00, $59.50, $25.00, $84.50 $84.50 Danny Kennedy, LOT 1-2-1 SIEGERT PLACE, 1022183008, 2905 Asbury Rd., Dubuque, IA 52001, 2905 Asbury Rd., 61025, 555 West 11th St., $308,100.00, $90,000.00, $24.00, $25.00, $49.00 $24.00, $25.00, $49.00 Bryan Glanz & Brianne Roddick, LOT 2-2-2-Christopher Lehman, LOT 3-2 OF CITY LOT A HILLCREST PARK, 1022338001, 1305 N. 720, 1025135020, 657 West 5th St., Dubuque, Grandview, Dubuque, IA 52001, 1305 North IA 52001, 657 West 5th St., $78,000.00, Grandview, $105,300.00, $53.95, $50.00, $24.00, $25.00, $49.00 $103.95 Paul & Kitty George, LOT 1-6-5 Jonathan Slaght & Mackenzie Kass, LOT 2-1 STAFFORDS ADD, 1013454030, 710 Merz St., GIESEL HIGHLAND PARK, 1022176011, 1486 Dubuque, IA 52001, 710 Merz St., $96,100.00, W. 3rd St., Dubuque, IA 52001, 3102 Asbury, $53.00, $25.00, $78.00 $123,100.00, $140.25, $100.00, $240.25 Richard & Judith Henkel, LOT 4 KELLYS Eldon Wilwert, LOT 7 BLK 11 STEGER SUB, 1025129008, 13912 Whistlewind Lane, HEIGHTS, 1027427010, 35 Cambridge Court, Dubuque, IA 52002, 742 University, Dubuque, IA 52001, 35 Cambridge Court, $81,700.00, $142.75, $100.00, $242.75 $148,800.00, $83.50, $50.00, $133.50 Toni McNatt, LOT 1-2-1-1-3 R BROWNS Bussan Properties LLC, N 16' OF LOT 5 & S SUB, 1025135014, 749 West 5th St., Dubuque, 18' OF LOT 6 BUETTELL & LANGWORTHYS IA 52001, 749 West 5th St., $102,900.00, ADD 364-364 1/2 HILL, 1025177009, 610 $24.00, $25.00, $49.00 South Lincoln, Cuba City, WI 53807, 364 Hill Antonio Morel, LOT 3 WILSONS SUB, St., $77,500.00, $75.84, $75.00, $150.84 1025132003, 225 Blackhawk Trace, Galena, IL Donald Jacquinot, LOT 1-15 COOLEY'S 61036, 784 Wilson st., $119,900.00, $49.50, SUB, 1024329012, 5 Main St., Dubuque, IA $50.00, $99.50 52001, 396 West Locust St., $40,400.00, Frank Kalb, LOT 1-3, LOT 1-4 LOT 2-9 $24.00, $25.00, $49.00 COLLINS SUB 812-814 WILSON, 1025129025, Matthew & Trisha Drake, LOT 1-8 OF LOTS 5478 St. Joe's Prairie Road, Zwingle, IA 52079, 138, 140, & 142 L H LANGWORTHY'S ADD, 814 Wilson St., $86,000.00, $24.00, $25.00, 1024106002, 400 Kaufmann Ave., Dubuque, IA $49.00 52001, 400 Kaufmann Ave., $73,650.00, Donald & Julie Houselog, LOT 5 KEOGHS $24.00, $25.00, $49.00 SUB, 1025109042, 877 Wilson St., Dubuque, Waseem Serwar, LOT 2-1-1-2 OF CITY LOT IA 52001, 877 Wilson St., $59,500.00, $24.00, 670 408-408 1/2 W LOCUST ST , 1024327010, $25.00, $49.00 7205 N. Badger Rd., East Dubuque, IL 61025, Wells Fargo Bank NA, SW 33' OF LOT 13 408 West Locust St, $46,500.00, $185.00, $-, HOOPER'S ADD, 1013478003, One Home $185.00 Campus, Des Moines, IA 50312, 904 Gregory Kammes & Rebecca Klauer, Rhomberg Ave., $48,400.00, $33.75, $25.00, CORNELIA PLACE ALL, 1024102002, 505 $58.75 Kaufmann Ave, Dubuque, IA 52001, 505 Barry & Margaret Landolt, LOT 3 & SW 6' Kaufmann Ave., $65,600.00, $24.00, $25.00, OF LOT 4 HOOPER'S ADD, 1118353013, 4216 $49.00 Hilken Rd., Dubuque, IA 52003, 911 Garfield Rodney & Jennifer Carroll, SUB CITY LOT Ave., $73,900.00, $27.00, $25.00, $52.00 687 & W 113' OF E 128' OF LOT 1, Joseph Puccio, NE 46.4' OF LOT 4 1024387002, 510 West 11th Street, Dubuque, HOOPER'S ADD, 1118353012, 917 Garfield IA 52001, 510 West 11th Street, $245,940.00, Ave., Dubuque, IA 52001, 917 Garfield Ave., $154.25, $50.00, $204.25 $73,400.00, $30.88, $25.00, $55.88 Tri-State Propety Management, LOT 1 OF W Aspermont Co. C/O Jim Trannel, CITY LOTS 1/2 OF LOT 11 OF CITY LOT 688 & PT OF 257 & 258, 1024481003, 1154 Iowa St., 654, 1025128002, 18186 Williamsburg Ct., Dubuque IA 52001, 9th St. & Central Ave SW Durango, IA 52039, 543 West 8th St., corner, $56,300.00, $168.15, $100.00, $268.15 $59,100.00, $27.50, $25.00, $52.50 Chicago Central & Pacific RR, C/O Cn Robert Johnson & Bethany Golombeski, Business Dev & Rlest, RAILROAD R O W SEC LOT 8 & E 50 1/2'-7 SUB 823 & 824 BOTH IN A 1 T88N-R2E (SEE 15-01-501-003), MCDANIELS SUB MCDANIELS LOT 8, 1500800016, 1 Administration Rd. Floor 1, 1024381024, PO Box 345, East Dubuque, IL Concord OnL4k 1b9, Old Mill Rd., Railroad, $53.00, $25.00, $78.00 4 Joint Development Agreement – International Business Machines Corporation: City Attorney requesting approval of the revised Joint Development Agreement and ratification of the Mayor’s signature of the revised Agreement. Upon motion the documents were received, filed, and approved. Plat of Survey – Southeast Corner of Pearl and Gilliam Streets: Zoning Advisory Commission recommending approval of the plat of survey of the southeast corner of Pearl and Gilliam Streets as requested by Tim McDonald. Upon motion the documents were received and filed and Resolution No. 100-10 Approving a Plat of Survey of Lot 1-100 and Lot 2-100 of Finley, Waples and Burton’s Addition in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 100-10 APPROVING A PLAT OF SURVEY OF LOT 1-100 AND LOT 2-100 OF FINLEY, WAPLES AND BURTON’S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-100 and Lot 2- 100 of Finley, Waples and Burton’s Addition in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 4,354 square feet and 4,355 square feet of lot area for Lot 1-100 and Lot 2-100 respectively, where 5,000 square feet of lot area is required by Section 5-7.7 of Title 16 of the City or Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-7.7 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 4,354 square feet and 4,355 square feet of lot area for Lot 1-100 and Lots 2-100 respectively where 5,000 square feet of lot area is required. Section 2. That the Plat of Survey of Lot 1-100 and Lot 2-100 of Finley, Waples and Burton’s Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to enclose the approval of the City of Dubuque, Iowa upon said final plat. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey – Westbrook Subdivision: Zoning Advisory Commission recommending approval of the plat of survey of Westbrook Subdivision as requested by Joel Callahan / Buesing and Associates. Upon motion the documents were received and filed and Resolution No. 101-10 Approving a Plat of Survey of Lot 1-8 and Lot 2-8 Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 101-10 APPROVING A PLAT OF SURVEY OF LOT 1-8 AND LOT 2-8 BLOCK 3 OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Of Lot 1-8 and Lot 2-8 Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides no lot frontage for Lot 2-8, where new lots are required to front on a public or private street by Section 11-14(b) of Title 16 of the City or Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14(b) of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow Lot 2-8 to have no frontage on a public or private street. Section 2. That the Plat of Survey of Lot 1-8 and Lot 2-8 Block 3 of Westbrook Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to enclose the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat – Copperhead Place No. 2: Zoning Advisory Commission recommending approval of the final plat of Copperhead Place No. 2 as requested by Blackacre Properties. Upon motion the documents were received and filed and Resolution No. 102-10 Approving the Final Plat of Copperhead Place No. 2 was adopted. RESOLUTION NO. 102-10 APPROVING THE FINAL PLAT OF COPPERHEAD PLACE NO. 2 Whereas, there has been filed with the City Clerk a Final Plat of Copperhead Place No. 2 in the City of Dubuque; and Whereas, the Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of Copperhead Place No. 2 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. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Funding Contract with the Iowa Department of Natural Resources: City Manager recommending approval of a funding contract with the Iowa Department of Natural Resources regarding the E.B. Lyons Interpretive Center Expansion Project. Upon motion the documents were received and filed and Resolution No. 103-10 Approving a contract with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project was adopted. 6 RESOLUTION NO. 103-10 APPROVING A CONTRACT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE E. B. LYONS INTERPRETIVE CENTER EXPANSION PROJECT Whereas, the Iowa Department of Transportation has an intergovernmental agreement with the Iowa Department of Natural Resources for a federal pass-through Scenic Byways grant for the E. B. Lyons Interpretive Center Expansion Project; and Whereas, the Iowa Department of Natural Resources has been allocated funding from the Iowa Legislature for the E. B. Lyons Interpretive Center Expansion Project; and Whereas, the City of Dubuque is funding the construction of the E. B. Lyons Interpretive Center Expansion Project on behalf of the Iowa Department of Natural Resources, and therefore seeks reimbursement of said expenses from the Iowa Department of Natural Resources from the aforementioned funding sources. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council does hereby approve the contract with the Iowa Department of Natural Resources for the E. B. Lyons Interpretive Center Expansion Project. Section 2. That the Mayor is hereby authorized to sign said contract on behalf of the City of Dubuque. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Land and Water Conservation Fund (LWCF) Grant Agreement: City Manager recommending approval of a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project. Upon motion the documents were received and filed and Resolution No. 104-10 Approving a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion Project was adopted. RESOLUTION NO. 104-10 APPROVING A LWCF GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE E.B. LYONS INTERPRETIVE CENTER EXPANSION COUNTY: DUBUQUE Whereas, the City of Dubuque, Iowa, is interested in developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of City of Dubuque, Iowa, and the State Iowa. Project Title: E.B. Lyons Interpretive Center Expansion; Total Estimated Cost: $1,476,994; Brief Description of Project: The E.B. Lyons Interpretive Center serves as a visitor information center and park office for the Mines of Spain. It currently serves over 200,000 visitors annually. Continued success and growth in interpretation and education are significantly inhibited by current space limitations. Expansion of the Interpretive Center will double its size, create more space for interpretation and education, and make it accessible; and Whereas, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. 7 Section 2. That the City of Dubuque approves the grant agreement with the Iowa Department of Natural Resources for Land and Water Conservation Fund financial assistance from the National Park Service in the amount of $156,000 on behalf of said City of Dubuque. Section 3. That the City of Dubuque certifies to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk First Transit: City Manager recommending approval of the formal notification of the transit management contract termination to First Transit. Upon motion the documents were received, filed, and approved. Hazard Mitigation Plan: City Manager recommending approval of the City’s Hazard Mitigation Plan update. Upon motion the documents were received and filed and Resolution No. 105-10 Approving and adopting the Dubuque Hazard Mitigation Plan Update was adopted. RESOLUTION NO. 105-10 APPROVING AND ADOPTING THE DUBUQUE HAZARD MITIGATION PLAN UPDATE Whereas, the Dubuque Hazard Mitigation Plan Update was presented to the Dubuque City Council on April 19, 2010; and Whereas, the Dubuque Hazard Mitigation Plan Update was prepared in compliance with the Hazard Mitigation Planning Requirements of the Disaster Mitigation Act of 2000 provided by the Iowa Homeland Security and Emergency Management Division; and Whereas, the Dubuque Hazard Mitigation Plan Update identifies the City’s potential hazards in the community; and Whereas, the Dubuque Hazard Mitigation Plan Update includes a profile of hazard events, a vulnerability assessment, evaluation of mitigation goals and a plan maintenance process. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Dubuque does hereby approve and adopt the Dubuque Hazard Mitigation Plan Update this 19th day of April, 2010. 8 th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager recommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 106-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 106-10 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 12th day of February, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part at the Utility Billing Office, City Hall, 50 W. th 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 19th day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 9 SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS CUSTOMER NAME; SERVICE ADDRESS; Doug Wolff, 2020 Rockdale Road, 100.13, 5.00, ACCOUNT BALANCE; ADMINISTRATIVE FEE; 105.13 BALANCE Ed F. Davis, 971 Bluff St., 109.11, 5.00, 114.11 Amber Cooper, 2702 Pinard St., 40.55, 5.00, Equity Builders, 640 Sapphire Cir, 106.33, 5.00, 45.55 111.33 Antonio G. Conley, 1104 Riverview St., 43.15, French Market Estates, LC, 2136 White St. Apt 1, 5.00, 48.15 111.78, 5.00, 116.78 Auto & Truck Parts, Inc., 3000 Jackson St., Gary Bernhard, 1100 Roosevelt St., 181.03, 5.00, 216.97, 5.00, 221.97 186.03 Beverly J. Miller, 1212 Miller Road, 247.22, 5.00, Gary Bernhard, 1110 Roosevelt St., 72.85, 5.00, 252.22 77.85 Bill J Finn, 2010 Shelby St., 40.02, 5.00, 45.02 Gary E. & Susan M Bay, 1805 Jackson St., Bon Vivant, LC, 560 Almond St., 33.07, 5.00, 254.44, 5.00, 259.44 38.07 Gary E. & Susan M Bay, 1815 Jackson St., Bon Vivant, LC, 505 Almond St. Apt 1, 21.68, 344.98, 5.00, 349.98 5.00, 26.68 Greg B. Cray, 745 Davis St., 324.43, 5.00, Bon Vivant, LC, 453 Almond St. Apt 1, 100.71, 329.43 5.00, 105.71 H & R Properties, 1586 Washington St., 200.16, Brp Properties, LLC, 515-519 Pickett St., 25.74, 5.00, 205.16 5.00, 30.74 Henkel & Company, Inc., 1804 Central Ave. Apt. Carl D Engling, 2933 Brunskill Road, 112.05, 1, 440.69, 5.00, 445.69 5.00, 117.05 Henkel & Company, Inc., 1812 Central Ave. Apt. Chad Hagge, 800 W Locust St., 195.67, 5.00, 3, 208.56, 5.00, 213.56 200.67 Highlands of Dubuque, LC, 663 W 11th St. Apt. Clara C. Finger, 1955 Clarke Dr., 32.76, 5.00, 1, 150.52, 5.00, 155.52 37.76 J Foht, 723 Peru Road, 181.03, 5.00, 186.03 Corey E. Bonner, 1815 W 3rd St., 94.11, 5.00, Jackson Square Estates, LC, 1577 Washington 99.11 St., 390.74, 5.00, 395.74 Craig T. & Leslie E Birch, 525 W Locust St. Apt Jacqueline R. Krantz, 1040 Kelly Lane, 347.66, A, 27.12, 5.00, 32.12 5.00, 352.66 D. W. Geiger, 2600 Central Ave., 321.29, 5.00, James & Suzanne Callahan, 2521 Windsor Ave., 326.29 160.32, 5.00, 165.32 Da Vinci's, LLC, 395 W 9th St., 260.92, 5.00, James B. Hanson, 2736 Elm St., 35.53, 5.00, 265.92 40.53 Dale P. Kleinschrodt, 421 Kaufmann Ave., Jay A. Streinz, 1578 Washington St., 120.79, 107.94, 5.00, 112.94 5.00, 125.79 Dallas M. Kalmes, 1038 Bluff St., 181.57, 5.00, Jay C. Close, 689 W Locust St., 191.43, 5.00, 186.57 196.43 Dana Kisting, 702 Wilson St., 33.36, 5.00, 38.36 Jeff J. Welter, 695 Kane St., 193.75, 5.00, 198.75 Daniel A. Dean, 418 Almond St., 132.41, 5.00, Jeffrey J. Huseman, 2390 Theda Dr., 210.29, 137.41 5.00, 215.29 Daniel J. Kane, 395 Nevada St., 66.22, 5.00, Jeremy D. Shireman, 2225 St. Celia St., 191.63, 71.22 5.00, 196.63 Daniel J. Pfeiffer, 510 Angella St., 86.14, 5.00, Jerod F. & Sarah A. Bennett, 750 Kelly Lane, 91.14 124.77, 5.00, 129.77 David O. Lochner, 727 Hill St. Apt 1, 412.97, Jesse Rans, 2008 Foye St., 84.71, 5.00, 89.71 5.00, 417.97 Jessica Hill, 1700 Scenic View Dr., 109.85, 5.00, Dawn M. Snider, 154 W 23rd St., 159.05, 5.00, 114.85 164.05 Joel Leach, 2006 Rhomberg Apt 2, 19.31, 5.00, Dean W. Miller, 604 Rhomberg Ave., 122.65, 24.31 5.00, 127.65 John & Loretta Davis, 744 Nevada St. 2nd, Dennis A. Roth, 963 Mt Loretta Ave., 108.46, 93.62, 5.00, 98.62 5.00, 113.46 John R. Barbee, 3085 Oak View Ct., 509.69, Don D. Heim, 596 University Ave., 91.00, 5.00, 5.00, 514.69 96.00 Jonathan Slaght, 3102 Asbury Road, 50.33, 5.00, 55.33 10 Juanita K. Barry, 1776 N Grandview Ave., Perry D. Sopina, 116 W 13th St. 1st Fl., 27.31, 159.37, 5.00, 164.37 5.00, 32.31 Julie Leclere, 2491 Hempstead St., 99.75, 5.00, Perry Sopina, 116 W 13th St. #2 2nd Fl., 117.75, 104.75 5.00, 122.75 Justin Oglesby, 2205 Samantha Dr., 246.18, Peter V. Eck, 760 Tanzanite Dr., 117.13, 5.00, 5.00, 251.18 122.13 Kara Starkey, 686 Needham Pl., 42.60, 5.00, Randy S. Weber, 535 S Grandview Ave., 257.69, 47.60 5.00, 262.69 Katherine A. Munson, 2904 Balke St., 130.85, Ron Rudiger, 590 Angella St., 157.26, 5.00, 5.00, 135.85 162.26 Keith E. Welsh, 1640 Ashton Pl, 206.11, 5.00, Ronald L. Houselog, 716 E 22nd St., 189.15, 211.11 5.00, 194.15 Kenneth & Elizabeth Jaeger, 1765 Madison St., Ryan A. Downs, 80 York St., 56.46, 5.00, 61.46 174.76, 5.00, 179.76 Sandralee M. Scott, 599 W 8th St., 469.54, 5.00, Kenneth A. Ginter, 2662 Ogle St., 69.07, 5.00, 474.54 74.07 Scotlyn Properties, 35 W 15th St. 1st, 71.44, Kenneth E. Keller, 2054 Jackson St. # 2, 96.99, 5.00, 76.44 5.00, 101.99 Scotlyn Properties, 37 W 15th St. Apt. 1, 35.23, Kenneth E. Keller, 2054 Jackson St. # 1, 330.87, 5.00, 40.23 5.00, 335.87 Scotlyn Properties, 37 W 15th St. #3, 5.63, 5.00, Kress Industrial Facility, LLC, Seippel Road 10.63 Commercial Park, 157.72, 5.00, 162.72 Scott A. Runde, 35 W 15th St. Apt. 1, 54.09, Larry Junk, 2224 Suzanne Dr., 76.00, 5.00, 81.00 5.00, 59.09 Laurie & David Vonah, 707 Lincoln Ave, 263.48, Scott A. Runde, 35 W 15th St. Apt. 2, 44.48, 5.00, 268.48 5.00, 49.48 Lonnie L. Allen, 2565 Front St., 155.69, 5.00, Scott A. Runde, 37 W 15th St. Apt. 2, 1,709.74, 160.69 5.00, 1,714.74 Loras Boge, 1961 Rockdale Road, 124.22, 5.00, Scott M. Bries, 735 Kirkwood St. 2nd, 86.04, 129.22 5.00, 91.04 Loras Boge Revocable Trust, 1901 Rockdale So. Fourth Pacific Rim Finance, 2225 Kerper Road, 470.76, 5.00, 475.76 Blvd., 998.14, 5.00, 1,003.14 Mardi Gras Estates, LC, 510 E 22nd St. Apt 2, Staffordshire Estates, LC, 2416 Stafford St. Apt 12.96, 5.00, 17.96 2, 169.93, 5.00, 174.93 Mardi Gras Estates, LC, 512 E 22nd St. Apt 2, Steve A. Sarazin, 1315 Finley St., 188.03, 5.00, 30.00, 5.00, 35.00 193.03 Mardi Gras Estates, LC, 510 E 22nd St. Apt 1, Steven R. Runde, 3565 Key Corners, 99.73, 30.00, 5.00, 35.00 5.00, 104.73 Mark A. & Susan M. Duehr, 2253 St. John Dr., Tanya L. Avenarius, 2015 Washington St., 295.26, 5.00, 300.26 1,603.95, 5.00, 1,608.95 Marshallese House of Praise, 2155 Rockdale Terry M. Kane, 2765 Andrew Ct., 145.12, 5.00, Road, 305.22, 5.00, 310.22 150.12 Mary A. Gross, 503 Arlington St., 37.15, 5.00, Thomas Cunningham, 1576 Locust St., 312.95, 42.15 5.00, 317.95 Michael J. Schetgen, 3922 Inwood Ave., 178.59, Thomas J. & Martha J. Blake, 2214 Jackson St. # 5.00, 183.59 2, 110.33, 5.00, 115.33 Mullett Enterprises, LC, 1439 Bluff St., 25.03, Timothy K. Manning, 1552 Locust St., 84.96, 5.00, 30.03 5.00, 89.96 Mullett Enterprises, LC, 1441 Bluff St., 34.15, Toby Kress, 3020 N Cascade Road, 83.97, 5.00, 5.00, 39.15 88.97 New Century Liquidating Trust, 475 Valeria St., Tom E. Connolly, 2900 Indiana Ave., 126.90, 394.57, 5.00, 399.57 5.00, 131.90 Nina K. Nelson, 520 Lincoln Ave., 286.99, 5.00, Vickie Dress, 878 Edison St., 271.45, 5.00, 291.99 276.45 Patrick J. Duggan, 2005 Simpson St., 271.38, Vikki L. Vondran, 2490 Green St., 127.14, 5.00, 5.00, 276.38 132.14 Patrick J. Duggan, 1540 Central Ave. Apt 3s, William Fay, 1285 Rockdale Road, 101.86, 5.00, 53.08, 5.00, 58.08 106.86 TOTALS , 21,517.46; 575.00; 22,092.46 11 Dubuque Water Ski Lease: City Manager recommending approval of the annual lease agreement with the Dubuque Water Ski Club. Upon motion the documents were received, filed, and approved. Children’s Zoo Boosters: City Manager recommending approval of the lease renewal with the Dubuque Children’s Zoo Boosters, Inc. for approximately ten acres of Roosevelt Park to operate the Storybook Hill Children’s Zoo. Upon motion the documents were received, filed, and approved. Lease Agreement with Tri-State Modelers: City Manager recommending approval of the lease agreement with Tri-State Modelers for a section of Roosevelt Park. Upon motion the documents were received, filed, and approved. Department of the Army: Communication from William T. Johnsen, Dean of Academics – th Department of the Army, regarding the City Manager’s attendance at the 56 Annual U.S. Army War College National Security Seminar. Upon motion the document was received and filed. National Security Breakfast: Invitation from Brigadier General Tim Orr, the Adjutant General of Iowa, to attend the National Security Breakfast on Thursday, April 22, 2010 in Johnston, Iowa. Medline Development Agreement: City Manager recommending approval of an amendment to the Medline Development Agreement to extend the date for LEED Certification. Upon motion the documents were received and filed and Resolution No. 107-10 Approving the Third Amendment to the Medline Industries, Inc., Development Agreement was adopted. RESOLUTION NO. 107-10 APPROVING THE THIRD AMENDMENT TO THE MEDLINE INDUSTRIES, INC., DEVELOPMENT AGREEMENT Whereas, a Development Agreement (the Agreement), dated December 19, 2007, was entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa (City), and Medline Industries, Inc., an Illinois Corporation; and Whereas, City and Medline Industries, Inc., now desire to amend the Development Agreement as set forth in the attached Third Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Third Amendment of the Medline Industries, Inc., Development Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Third Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to implement the terms of the Third Amendment as herein approved. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 12 Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Taiko Restaurant, Inc., Walgreen’s #6154, and Chances R and it is further recommended that a civil penalty hearing be scheduled for May 3, 2010 for a second alcohol compliance violation for Lot One. Upon motion the documents were received, filed, and approved and a hearing set for a meeting to commence at 6:30 p.m. on May 3, 2010. Tobacco Compliance – Civil Penalty for Tobacco License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense tobacco compliance violation for Walgreen’s #11942 and Walgreen’s #6154 and a third offense th violation for 16 Street Auto Truck Plaza. Upon motion the documents were received, filed, and approved. PEG Capital Grant Expenditure Request: 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 Mediacom in the amount of $4,200 for new monitors and a combination DVD burner/printer for the public access studio control room. Upon motion the documents were received, filed, and approved. Fiscal Year 2011 Community Development Block Grant Program: City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for Community Development Block Grant (CDBG) program activities. Upon motion the documents were received and filed and Resolution No. 108-10 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2011 (Program Year 2010) was adopted. RESOLUTION NO. 108-10 AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2011(PROGRAM YEAR 2010) Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2010 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a notice of "Intent to Request Release of Funds" for said projects will be sent by regular mail to various tribal, federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Field Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a Notice of Intent to Request Release of Funds for the following identified projects and to make the 13 Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on May 10, 2010. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Community Development Block Grant Annual Plan Projects Fiscal Year 2011 (Program Year 2010) Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residential Rehabilitation Loan Program; Sewer Connection Loan); Housing Administration Services and Staff; Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Paint Hazard Abatement Project; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate Income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Rehab); Economic Development Programs: Commercial Industrial Building Rehab and Revolving Loan Fund; Economic Development Financial Assistance Program and Revolving Loan Fund; Neighborhood and Community Development Programs: Accessible Curb Ramps; Child Care Resource and Referral; Dubuque Dispute Resolution Center; Information and Referral Service; Leadership Training; Neighborhood Development Services and Staff; Neighborhood Support Grants; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Step/Wall Repair); Neighborhood Recreation Program; Neighborhood Support Grants; Opening Doors; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement. Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning . No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5, including Section 106, for site-specific projects that are currently unidentified. Section 2. That the environmental review record for each of the projects shall be placed on th file in the Office of the Housing and Community Development Department, 350 West 6 Street, Suite 312, Dubuque, Iowa, where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a Request for Release of Funds and Certification. th Passed, approved and adopted this 19 day of April 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Homelessness Prevention and Rapid Re-Housing Program Amendment: City Manager recommending approval of the Amendment to the Project Concern, Inc. Agreement for the 14 Homelessness Prevention and Rapid Re-Housing Program (HPRP). Upon motion the documents were received, filed, and approved. Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government Relations, notifying the City of upcoming channel changes. Upon motion the document was received and filed. Environmental Stewardship Advisory Commission: Communication from Wayne Klostermann, Chair – Environmental Stewardship Advisory Commission, regarding fundraising car washes and stormwater management. Motion by Connors receive and file the documents and refer to the City Manager. Seconded by Braig. Connors asked that a response be sent to the ESAC from staff and a report back to the City Council. Motion carried 7-0. E.B. Lyons Interpretive Center Expansion Project - Exhibits Grant Match: City Manager recommending approval to provide $25,000 in additional City funds as part of the local match for a $150,000 federal grant for the Mines of Spain Exhibit and Education Program at the E.B. Lyons Nature Center. Signed Contracts: Storm Sewer Improvements – South Main and Jones Streets. Upon motion the documents were received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 109-10 Granting the issuance of a Class “A” Liquor License to the Loyal Order of the Moose Lodge; and a Class “C” Beer/Liquor License to Marco’s Italian Food, West Dubuque Tap, Lot One, The Hub and Loras College Campus was adopted. RESOLUTION NO. 109-10 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 “A” LIQUOR LICENSE DBQ Lodge # 355 Loyal Order of Moose+(Sunday Sale) 2635 Windsor Ave. CLASS “C” BEER/LIQUOR LICENSE Marco’s, Inc. Marco’s Italian American Food 2022 Central Ave. D. Ginter & G. Ginter West Dubuque Tap+(Sunday Sale) 1701 Asbury Road Lot One, LLC Lot One+(Sunday Sale) 100 Main Street The Hub on Main, Inc. The Hub+(Sunday Sale) 253 Main Street Aramark Educational Services Loras College Campus 1450 Alta Vista Street +(Sunday Sale) th Passed, approved and adopted this 19 day of April, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15 Bunker Hill Underground Storage Tank – Administrative Consent Order: City Manager recommending approval of the Iowa Department of Natural Resources Administrative Consent Order regarding the Bunker Hill underground storage tank. Upon motion the documents were received, filed, and approved. Multicultural Family Center: City Manager recommending that the Multicultural Family Center Assistant Director position be increased from twenty (20) hours per week to thirty (30) hours per week. Upon motion the documents were received, filed, and approved. Wireless Water Meter Agreements: City Manager recommending approval of the Wireless Water Meter Agreements with Holy Family Schools. Upon motion the documents were received, filed, and approved. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Dubuque Terminals, Inc. (Newt) Lease: City Manager recommending that a public hearing be set for May 3, 2010 to consider proposed leases with Dubuque Terminals, Inc., for the Ice Harbor and Dove Harbor areas. Upon motion the documents were received and filed and Resolution No. 110-10 Resolution of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., an Iowa Corporation (the Dove Harbor Lease); and Resolution No. 111-10 Resolution of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2010 in the Historic Federal Building. RESOLUTION NO. 110-10 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE TERMINALS, INC., AN IOWA CORPORATION (THE DOVE HARBOR LEASE) Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: A part of Government Lot 3 and un-platted slough in Section 19, Township 89 North, Range 3 East of the 5th Principle Meridian all in the City of Dubuque, Dubuque Co., Iowa, containing 6.13 acres, more or less, as shown on the attached Exhibit A [aerial photo]; and Whereas, Dubuque Terminals, Inc., desires to lease a part of the property as shown on Exhibit A, attached hereto, for industrial uses and other river related-business activities upon the terms set forth in a Lease Agreement which is on file at the office of the City Clerk, City th Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, City and Dubuque Terminals, Inc., have tentatively agreed to the Lease Agreement, which among other things, provides for a term through June 1, 2038; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement. 16 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease Agreement between City and Dubuque Terminals, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the rd City’s intent to dispose of the foregoing-described real property by lease, to be held on the 3 day of May, 2010 at 6:30 o’clock p.m. at the Historic Federal Building, Council Chambers, 350 th W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 111-10 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE TERMINALS, INC., AN IOWA CORPORATION (THE ICE HARBOR LEASE) Whereas, the City of Dubuque, Iowa (City), is the owner of the real property legally shown on [attached] Exhibit A [aerial photo]; and Whereas, Dubuque Terminals, Inc., desires to lease a part of the property as shown on Exhibit A, attached hereto, for industrial uses and other river related business activities upon the terms set forth in a Lease Agreement which is on file at the office of the City Clerk, City th Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, City and Dubuque Terminals, Inc., have tentatively agreed to the Lease Agreement, which among other things, provides for a term through June 30, 2014 with a potential one (1) year extension (The Ice Harbor); and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease Agreement between City and Dubuque Terminals, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the rd City’s intent to dispose of the foregoing-described real property by lease, to be held on the 3 day of May, 2010 at 6:30 o’clock p.m. at the Historic Federal Building, Council Chambers, 350 th W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Lower Bee Branch Creek Restoration Project: City Manager recommending initiation of the public bidding process for the Lower Bee Branch Creek Restoration Project and that a public hearing be set for May 3, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 112-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Lower Bee Branch Creek Restoration Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2010 in the Historic Federal Building. 17 RESOLUTION NO. 112-10 LOWER BEE BRANCH CREEK RESTORATION 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 Lower Bee Branch Creek Restoration Project, in the estimated amount of $10,679,520.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. rd A public hearing will be held on the 3 day of May, 2010 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 Lower Bee Branch Creek Restoration 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 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 th before 2:00 p.m. on the 18 day of May, 2010. 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., in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, on a date yet to be determined but no later than August 16, 2010. th Passed, adopted and approved this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Asbury Road and IA 32 Traffic Signal and Grading Project: City Manager recommending initiation of the public bidding process for the Asbury Road and IA 32 Traffic Signal and Grading Project and that a public hearing be set for May 3, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 113-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Asbury Road and IA 32 Traffic Signal and Grading Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 3, 2010 in the Historic Federal Building. 18 RESOLUTION NO. 113-10 ASBURY ROAD AND IA 32 TRAFFIC SIGNAL & GRADING 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 Asbury Road and IA 32 Traffic Signal & Grading Project, in the estimated amount $654,474.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. rd A public hearing will be held on the 3 day of May, 2010, 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 Asbury Road and IA 32 Traffic Signal & Grading 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 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 th before 2:00 p.m. on the 11 day of May, 2010. Bids shall be opened and read by the City Clerk th at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 17 day of May, 2010 in the Historic Federal Building Council Chambers (second floor), 350 West th 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 19 day of April, 2010. Roy D. Buol, Mayor 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: Housing Commission: One 3-year term through August 17, 2012 (Term of Plein). Applicant: Lisa McAllister, 1701 ½ Central Avenue. Ms. McAllister spoke in support of her appointment. Mechanical Board: One 3-year term through March 16, 2013 (Term of Bandy). Applicant: Ronald Billmeyer, 1745 Geraldine Drive. Mr. Billmeyer spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 19 Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of Impediments to Fair Housing: Proof of publication on notice of public hearing to consider the Fiscal Year 2011 – 2015 Consolidated Plan and Analysis of Impediments to Fair Housing and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 114-10 Adopting the Fiscal Year 2011 – 2015 Consolidated Plan for Housing and Community Development; authorizing the Mayor to execute said plan and all necessary certifications; designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said plan be submitted to the U.S. Department of Housing and Urban Development; and Resolution No. 115-10 Approving the Analysis of Impediments to Fair Housing. Seconded by Voetberg. Ann Michalski, 1520 Altura, spoke regarding her concerns over who is responsible for the success of the Consolidated Plan and encouraged close review of the document. Housing and Community Development Director David Harris and Community Development Specialist Aggie Tauke clarified recipient qualifications and how the program’s funding works for first-time homebuyers and landlords. Motion carried 7-0. RESOLUTION NO. 114-10 ADOPTING THE FY 2011-2015 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID PLAN AND ALL NECESSARY CERTIFICATIONS; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN; AND DIRECTING THAT SAID PLAN BE SUBMTITED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, the U.S. Department of Housing and Urban Development requires each entitlement city to submit a Consolidated Plan for Housing and Community Development, including the proposed use of its Community Development Block Grant funds at least 45 days prior to its program year; and Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Consolidated Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft FY 2011-2015 Consolidated Plan (Program Year 2010-2014) for Housing and Community Development have been available for public comment 30 days prior to City Council action; and Whereas, the Housing Commission and Long Range Planning Commission have reviewed and recommended adoption of the Plan; and Whereas, the Community Development Advisory Commission has held a public hearing on the proposed plan on March 3, 2010 and approved the FY 2011-2015 Consolidated Plan (Program Year 2010-2014) for Housing and Community Development; and Whereas, the City Council has held a public hearing on the FY 2011-2015 Consolidated Plan (Program Year 2010-2014) for Housing and Community Development on April 19, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque FY 2011-2015 Consolidated Plan (Program Year 2010- 2014) for Housing and Community Development be and the same is hereby approved and adopted. Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the City of Dubuque, Iowa; directs the Mayor to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development; designates the City Manager as the authorized Chief Executive Officer for said Consolidated Plan; and further directs the City 20 Manager to submit said Consolidated Plan to the U.S. Department of Housing and Urban Development by the submission deadline. th Passed, approved and adopted this 19 day of April 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 115-10 APPROVING THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. Whereas, the U.S. Department of Housing and Urban Development requires each entitlement city to conduct an Analysis of Impediments to Fair Housing (AI); and Whereas, the City of Dubuque has conducted an Analysis of Impediments to Fair Housing that identifies impediments and proposes a fair housing action plan to eliminate these impediments; and Whereas, the Analysis of Impediments to Fair Housing was made available for public comment 30 days prior to City Council action; and Whereas, the Housing Commission and Long Range Planning Commission have reviewed and recommended adoption of the Plan; and Whereas, the Community Development Advisory Commission has held a public hearing on the proposed Plan on March 3, 2010 and approved the Analysis of Impediments to Fair Housing, and Whereas, the City Council has held a public hearing on the Analysis of Impediments to Fair Housing on April 19, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque Analysis of Impediments to Fair Housing be and the same is hereby approved. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk HHH Enterprises of Dubuque, Inc.: Proof of publication on notice of public hearing to consider a lease agreement with HHH Enterprises of Dubuque, Inc. to operate and maintain a restaurant deck and beer garden at 180 Main Street and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 116- 10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque and HHH Enterprises of Dubuque, Inc. Seconded by Resnick. Heath Hutchinson, 221 Bradley Street, spoke in support of the proposed lease. Motion carried 7-0. RESOLUTION NO. 116-10 DISPOSING OF INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH ENTERPRISES OF DUBUQUE, INC. 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 9 day of April, 2010, the City Council of the City of Dubuque, Iowa, th met on the 19 day of April, 2010, at 6:30 p.m. in the Historic Federal Building Council th Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the lease of public right-of-way abutting 180 Main Street legally described as: 21 st A portion of sidewalk adjacent to the southwestern bound of West 1 Street and connecting to the 180 Main Street property in the City of Dubuque, Dubuque County, Iowa, to HHH Enterprises of Dubuque, Inc., pursuant to a Lease Agreement 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 lease such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease of City of Dubuque property abutting 180 Main Street, to HHH Enterprises, LLC, be and the same is hereby approved, in accordance with the Lease Agreement attached hereto. Section 2. The Mayor is authorized and directed to execute the Lease Agreement, and the City Clerk is hereby authorized and directed to deliver a copy of said Lease to HHH Enterprises, LLC. Section 3. 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. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Second Budget Amendment: Proof of publication on notice of public hearing to consider the second 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. 117-10 Approving Amendment No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque. Seconded by Jones. Motion carried 7-0. RESOLUTION No. 117-10 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010 (AS AMENDED LAST ON 09/21/2009.) Be it resolved by the Council of the City of Dubuque: Section 1. Following notice published and the public hearing held, 04/19/2010, the current budget (as previously amended) is amended 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 Taxes Levied on Property 1 18,331,912 0 18,331,912 Less: Un-Collected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 18,331,912 0 18,331,912 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 6,610,851 0 6,610,851 Other City Taxes 6 13,913,509 0 13,913,509 Licenses & Permits 7 1,336,745 -121,635 1,215,110 Use of Money and Property 8 12,836,582 91,466 12,928,048 Intergovernmental 9 61,354,443 -2,937,065 58,417,378 Charges for Services 10 27,422,276 0 27,422,276 22 Special Assessments 11 1,599,650 -258,093 1,341,557 Miscellaneous 12 8,251,551 1,677,799 9,929,350 Other Financing Sources 13 125,488,718 -43,487,358 82,001,360 Total Revenues and Other Sources 14 277,146,237 -45,034,886 232,111,351 Expenditures & Other Financing Uses Public Safety 15 22,667,259 126,312 22,793,571 Public Works 16 11,873,397 -11,044 11,862,353 Health and Social Services 17 958,395 17,506 975,901 Culture and Recreation 18 9,060,529 73,554 9,134,083 Community and Economic Development 19 12,242,719 -30,356 12,212,363 General Government 20 6,863,357 93,158 6,956,515 Debt Service 21 5,970,043 0 5,970,043 Capital Projects 22 75,327,014 166,819 75,493,833 Total Government Activities Expenditures 23 144,962,713 435,949 145,398,662 Business Type / Enterprises 24 94,854,604 -9,551,229 85,303,375 Total Gov Activities & Business Expenditures 25 239,817,317 -9,115,280 230,702,037 Transfers Out 26 67,767,930 -35,730,578 32,037,352 Total Expenditures/Transfers Out 27 307,585,247 -44,845,858 262,739,389 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -30,439,010 -189,028 -30,628,038 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 43,598,570 9,238,013 52,836,583 Ending Fund Balance June 30 31 13,159,560 9,048,985 22,208,545 th Passed this 19 day of April, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 118-10 Approving plans, specifications, form of contract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. Seconded by Resnick. Parking System Supervisor Tim Horsfield stated that the project cost is slightly less than originally estimated, but funds already spent on utility th relocation and design of the initial ramp at 5 and Bluff Street are not reflected in the project amount. Motion carried 7-0. RESOLUTION NO. 118-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED th COST FOR THE 10 & CENTRAL PARKING RAMP AND FIRE HEADQUARTERS EXPANSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That the proposed plans, specifications, form of contract and estimated cost for the 10 & Central Parking Ramp and Fire Headquarters Expansion Project, in the estimated amount of 23 $9,882.136.00 (partially funded by the U.S. Department of Commerce Economic Development th Administration based on grant approval) for the 10 & Central Parking Ramp and the estimated amount of $580,720.00 (completely funded by General Obligation Bonds) for the Fire Headquarters Expansion Project, are hereby approved. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Water Pollution Control Plant Upgrade Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Water Pollution Control Plant Upgrade Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 119-10 Approving plans, specifications, form of contract, and estimated cost for the Water Pollution Control Plant Upgrade Project. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 119-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WATER POLLUTION CONTROL PLANT MODIFICATIONS 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 Water Pollution Control Plant Modifications, in the estimated amount $42,858,266 are hereby approved. th Passed, adopted and approved this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Preliminary Plat – Orchard Park Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Orchard Park Subdivision. Request of Merrill Crawford, 2110 Jonathan Lane, to address the City Council regarding the preliminary plat for Orchard Park Subdivision. Communications from Rob McDonald, Mr. and Mrs. Kenneth Kublie, Mr. and Mrs. Robert Schute, Edwin A. and Patricia A. Frick, Mary L. Kretz, John and Nancy Ferry, Donald P. Ruefer, James and Jen Hoppman, Victoria R. Ruefer and Molly and Mike Schumacher in opposition to the proposed subdivision. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Merrill Crawford, 2110 Jonathan Lane, spoke in opposition to the proposed subdivision on behalf of area residents. Developer Curtis McDonald described the proposed housing stating that it is a variety of housing designed to attract young professionals and that concerns will be addressed. Motion carried 5-2 with Connors and Lynch voting nay. : Request for Letter of Support for Dubuque Senior Apartments ProjectCity Manager recommending approval of a letter of support for the 3 Diamond Development’s proposed affordable housing project, Dubuque Senior Apartments, to be located west of the intersection 24 of Sylvan and Bies Drives. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Neal Stein, 3 Diamond Development, 7444 Long Avenue, Skokie, Illinois, responded to questions from City Council. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa th advising that the Roshek Brothers Department Store at 250 West 8 Street has been listed in the National Register of Historic Places effective March 17, 2010. Motion by Voetberg to receive and file the documents. Seconded by Braig. Motion carried 7-0. Assistance Pool to Encourage Residential Housing in Downtown: City Manager recommending approval to issue a Request for Proposals for a second round of applications to the Downtown Housing Incentive Program and it is further recommended that the City modify its policy to allow payment of grants associated with the Downtown Rehabilitation Loan Program to projects as they are completed and as soon as funds are available. Motion by Voetberg to receive and file the documents and adopt Resolution No. 120-10 Authorizing the City Manager to solicit proposals for projects to encourage market-rate downtown rental and owner-occupied residential units in the Greater Dubuque Downtown Urban Renewal District and approve changes to the Downtown Rehabilitation Loan Program. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 120-10 AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FOR PROJECTS TO ENCOURAGE MARKET-RATE DOWNTOWN RENTAL AND OWNER-OCCUPIED RESIDENTIAL UNITS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND APPROVE CHANGES TO THE DOWNTOWN REHABILITATION LOAN PROGRAM Whereas, the City of Dubuque has been successful in encouraging job creation and retention in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project; and Whereas, changes to the Downtown Rehabilitation Loan Program are necessary to make the program more effective. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.The City Council approves the Request For Proposal for projects that are in need of assistance to encourage new market-rate downtown rental and owner-occupied residential housing units in the Greater Downtown Urban Renewal District. Section 2. That the City Manager is hereby authorized and directed to distribute the Request for Proposal to interested parties. Section 3.That grants associated with projects utilizing the Downtown Rehabilitation Loan Program may be funded once the project is completed, costs have been verified, and funds are available within the loan/grant program. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 25 Problem Property Maintenance Task Force: City Manager recommending approval of amendments to Title 13, Chapter 6 Solid Waste; and Title 6, Chapter 6 Housing Regulations of the Code of Ordinances and increasing the annual licensing fee for vacant properties from $200 to $300. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended and adopt Resolution No. 121-10 Approving an increase in the license fee for vacant and abandoned buildings. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 23-10 (as revised) Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-1 Definitions of the City of Dubuque Code of Ordinances by adding a definition for container; Section 13-6-3 Container Requirements; Collection Restrictions by adding definitions for garbage bags, oversized rigid solid waste containers, and solid waste carts; amending Article A City or Private Collection Service by amending Section 13-6a-4 Placement of Containers for Collection, Subsections A, C, D, and E and adopting a new Subsection F; and Amending Section 13-6a-6 Rates and Charges Established; Exceptions, Subsection D; and Ordinance No. 24-10 Amending Title 6 Health, Housing, Sanitation and Environment, Chapter 6, Housing Regulations of the City of Dubuque Code of Ordinances, by repealing Section 6-6-4 A.3. Notice of Violation; Order of Compliance, and adopting in lieu thereof a new Section 6-6-4 A.3; by amending Section 6-6-5 Enforcement of Order of City Manager by deleting Paragraph (4); and by repealing Section 6- 6-9 F.1. Extension of Time, and adopting in lieu thereof a new Section 6-6-9 F.1 Housing and Community Development Director David Harris stated that the escalating fee structure is intended to quicken repairs and deter long periods of unsightly scaffolding. Assistant City Attorney Tim O’Brien noted two revisions to Ordinance No. 23-10. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 23-10 AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6-1 DEFINITIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A DEFINITION FOR CONTAINER; SECTION 13-6-3 CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS BY ADDING DEFINITIONS FOR GARBAGE BAGS, OVERSIZED RIGID SOLID WASTE CONTAINERS, AND SOLID WASTE CARTS; AMENDING ARTICLE A CITY OR PRIVATE COLLECTION SERVICE BY AMENDING SECTION 13-6A-4 PLACEMENT OF CONTAINERS FOR COLLECTION, SUBSECTIONS A, C, D, AND E AND ADOPTING A NEW SUBSECTION F; AND AMENDING SECTION 13-6A- 6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS, SUBSECTIONS A AND D NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6-1: DEFINITIONS: For the purpose of this chapter the following definitions shall apply: . . . . CONTAINER: A solid waste receptacle, including a standard solid waste container, an oversized rigid solid waste container, a solid waste cart, or a garbage bag, as described in Section 13-6-3 Container Requirements; Collection Restrictions. . . . . 26 Section 2. Section 13-6-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6-3: CONTAINER REQUIREMENTS; COLLECTION RESTRICTIONS: . . . . B. Container Standards. 1. Containers shall be of a type originally manufactured for refuse or garbage collection and shall be of sturdy construction. 2. Standard solid waste containers shall not be more than thirty-five (35) gallons nor less than five (5) gallons in capacity, except when only one (1) container is used, in which case such container may be less than five (5) gallons in capacity. All such containers shall be waterproof, fitted with a tight lid, have handles or other suitable lifting devices, and have tapered sides for easy emptying. The weight of any individual standard container and its contents shall not exceed forty (40) pounds. Galvanized steel and similar metal containers, rubber containers, and plastic containers which do not become brittle in cold weather, may be used. Oil or grease drums, paint cans, and similar salvaged containers shall not be used. 3. Garbage bags, typically made of plastic and manufactured for containing solid waste, shall not be more than thirty-five (35) gallons nor less than five (5) gallons in capacity. Bags and contents shall not exceed forty (40) pounds in weight. 4. Oversized rigid solid waste containers of up to fifty (50) gallons in capacity may be used if subscribed for an additional monthly fee. Oversized rigid solid waste containers shall contain no more than three (3) garbage bags of forty (40) pounds or less each. All such containers shall be waterproof, fitted with a tight lid, and have handles or other suitable lifting devices. Galvanized steel and similar metal containers, rubber containers, and plastic containers which do not become brittle in cold weather, may be used. Barrels may not be used. 5. Solid waste carts may either be used, required, or subscribed at scheduled monthly rates. Forty-eight (48), sixty-four (64), and ninety-six (96) gallon carts are acceptable. . . . . Section 3. Section 13-6A-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6A-4: PLACEMENT OF CONTAINERS FOR COLLECTION: A. Alleys. Where collections are made from alleys: 1. Standard solid waste containers, oversized rigid solid waste containers, and solid waste carts may remain at the alley during the week. 2. All other containers shall be placed in one location for each dwelling, in clear view at the owner's property line abutting the alley, and only on the days designated by the City Manager. . . . . C. Time Limit for Placement of Containers in Alleys. No person shall place solid waste items or solid waste containers, other than standard solid waste containers, oversized rigid solid waste containers, or solid waste carts, at the alley line for collection more than twenty-four (24) hours before the scheduled collection day. All solid waste items and containers shall be placed at the designated collection location for City collection by six o'clock (6:00) A.M. on the scheduled collection day. D. Time Limit For Placement Of Containers On Streets: No person shall place solid waste items or containers at the street for collection more than twenty-four (24) hours before the scheduled collection day. All solid waste items and containers shall be placed 27 at the designated collection location for City collection by six o’clock (6:00) A.M. on the scheduled collection day. E. Duty When Solid Waste Not Collected: After twenty-four (24) hours following the scheduled collection day, whenever the City Manager determines that the solid waste, either placed for collection or apparently abandoned, is noncompliant with container, quantity, or location requirements such as to constitute a health, safety or fire hazard, the City Manager shall mail a written notice by certified mail to the solid waste’s identified owner, notifying the owner to comply with the applicable ordinances. If the owner fails to comply within three (3) days after the mailing of such notice, the City Manager will cause the solid waste to be collected and the costs associated with said action added to the municipal utility bill of the solid waste owner. If the owner of the solid waste cannot be identified or found, the notice shall be sent to the owner of the lot or parcel of land on which the solid waste is located, or the property owner’s agent or attorney, notifying the owner of said property of the noncompliance. If the property owner fails to comply within three (3) days after the mailing of such notice, the City Manager will cause the solid waste to be collected and the costs associated with said action added to the municipal utility bill of the property owner. Section 4. Section 13-6A-4 of the City of Dubuque Code of Ordinances is amended by adding thereto the following new subsection: . . . . F. Continued Noncompliance. In the event of continued noncompliance with solid waste setout regulations within the following twelve (12) calendar months, the City Manager shall be authorized to immediately collect the noncompliant solid waste and add the costs associated with said action to the municipal utility bill of the solid waste owner. If the owner of the solid waste cannot be identified or found, collection costs will be added to the municipal utility bill of the property owner. Section 5. Section 13-6A-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of ten dollars sixty cents ($10.60) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: 1. When a class I premises has been vacant for a period not less than two (2) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the city manager. Such credit shall continue only so long as the class I premises is vacant. . . . . 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that household may, upon application to 1 the city manager, be exempted from one-half (/) the established collection charge. 2 After the initial application, annual application shall be made by the head of household annually, as scheduled by the City Manager, to verify annual income and eligibility. . . . . 28 D. Unit Based Pricing: 1. Collection options and charges under unit based pricing for class I, II, and III premises shall be established by the City Manager. 2. Additional subscriptions may be obtained for weekly collection of additional standard solid waste containers, oversized rigid solid waste containers, or solid waste carts. 3. Official City of Dubuque single use stickers shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 4. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied City of Dubuque single use stickers. 5. In alleys approved for set out where solid waste carts are required to be subscribed to by owners, tenants, and/or the property managers of class I, II, and III premises the customer shall choose the number and size of the cart(s). Such carts shall be subscribed according to a fee schedule and program requirements as approved by the city manager. . . . . Section 6. This Ordinance shall take effect on publication. th Passed, approved and adopted the 19 day of April, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk rd Published officially in the Telegraph Herald Newspaper the 23 day of April, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 24-10 AMENDING TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 6, HOUSING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 6-6-4 A.3. NOTICE OF VIOLATION; ORDER OF COMPLIANCE, AND ADOPTING IN LIEU THEREOF A NEW SECTION 6-6-4 A.3.; BY AMENDING SECTION 6-6-5 ENFORCEMENT OF ORDER OF CITY MANAGER BY DELETING PARAGRAPH (4); AND BY REPEALING SECTION 6-6-9 F.1. EXTENSION OF TIME, AND ADOPTING IN LIEU THEREOF A NEW SECTION 6-6-9 F.1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-6-4 A.3. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 6-6-4 A.3. is hereby adopted in lieu thereof: (3) Specify a period of time not to exceed thirty (30) days to begin repairs or demolition and not to exceed one hundred-eighty (180) days for completion. No additional time for completion may be authorized by the Housing Officer, excepting for weather-related exterior repairs beginning in November and ending in May of each year. Section 2. Section 6-6-5 of the City of Dubuque Code of Ordinances is hereby amended by deleting paragraph (4). 29 Section 3. Section 6-6-9 F.1.of the City of Dubuque Code of Ordinances is hereby repealed and the following new Section 6-6-9 F.1. is hereby adopted in lieu thereof: (1) Extension of time: The Board may grant an extension of time for the compliance of any notice and order for not more than ninety (90) days subject to appropriate conditions and provided that the Board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice and order; and b. That such an extension is in harmony with the general purpose and intent of this code in securing the public health, safety and general welfare; and c. That the violation in question does not constitute an imminent threat to public health, safety and welfare. Section 4. This ordinance shall take effect immediately upon publication. th Passed, approved and adopted this 19 day of April, 2010. /s/Roy D Buol, Mayor Attest: /s/Jeanne Schneider, CMC, City Clerk rd Published officially in the Telegraph Herald Newspaper the 23 day of April, 2010. /s/Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 121-10 APPROVING AN INCREASE IN THE LICENSE FEE FOR VACANT AND ABANDONED BUILDINGS Whereas, the need for increased monitoring, inspections and enforcement in the maintenance of vacant and abandoned properties has added costs to the housing code enforcement program. Whereas, the City Council has determined that the annual licensing fee should be increased from $200 to $300. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Effective July 1, 2010, the annual licensing fee for vacant and abandoned buildings be increased to $300. th Passed, approved and adopted this 19 day of April, 2010. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Law Enforcement Explorer Post: City Manager recommending approval of a partnership between the Dubuque Police Department and the Northeast Iowa Council of the Boy Scouts of America (BSA) for the formation of a Law Enforcement Explorer Post. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0 Southwest Arterial – Iowa Department of Transportation Funding Agreement: City Manager recommending approval of the execution of the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement (Agreement No. 2009-E-275) for development of the Southwest Arterial Project. Motion by Connors to receive and file the documents and adopt Resolution No. 122-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 2009-E-275) for the development of the Southwest Arterial Project. Seconded by Jones. Motion carried 7-0. 30 RESOLUTION NO. 122-10 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 2009-E-275) FOR THE DEVELOPMENT OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of SAFETEA-LU Transportation Bill funds; Omnibus Bill funds; American Recovery and Reinvestment Act (ARRA) funds; Transportation, Housing and Urban Development (THUD) funds; and Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) funds for the development of the Southwest Arterial Project in Dubuque. Whereas, the federal aid appropriated funds will be utilized to advance the development of the Southwest Arterial Project for eligible project activities such as; construction, engineering design, mitigation, inspection, right-of-way acquisition and utility relocation. Whereas, the federal aid appropriated funds will be eligible as per the terms of said funding agreement to complete said highway improvements for the Southwest Arterial Project, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 2009-E- 275) between the City of Dubuque and the Iowa Department of Transportation be approved for the development of the Southwest Arterial Project in Dubuque. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement No. 2009-E-275) for the development of the Southwest Arterial Project in Dubuque. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Federal Emergency Management Agency (FEMA): City Manager transmitting the issues and errors identified by City staff with the preliminary Digitized Flood Insurance Rate Map (DFIRM) and citizen comments and requesting that FEMA respond in writing. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 8:35 p.m. /s/Jeanne F. Schneider, CMC City Clerk 31