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2009 City Council Official Proceedings Book 139 OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA 2009 Approved June 7, 2010 Recorded and prepared by Jeanne F. Schneider, CMC, City Clerk Kevin S. Firnstahl, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2009 ROY D. BUOL MAYOR COUNCIL MEMBERS ........................ RIC W. JONES COUNCIL MEMBER AT-LARGE ................. DAVID T. RESNICK COUNCIL MEMBER AT-LARGE .................. KEVIN J. LYNCH COUNCIL MEMBER FIRST WARD ............. KARLA A. BRAIG COUNCIL MEMBER SECOND WARD ........... JOYCE E. CONNORS COUNCIL MEMBER THIRD WARD ......... DIRK N. VOETBERG COUNCIL MEMBER FOURTH WARD CITY OFFICERS FOR THE YEAR 2009 COUNCIL APPOINTEES CITY MANAGER ........................................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK ....................................................................................................... JEANNE F. SCHNEIDER CITY ATTORNEY ....................................................................................................... BARRY A. LINDAHL DEPARTMENT MANAGERS ASSISTANT CITY MANAGER ....................................................................... CYNTHIA M. STEINHAUSER AIRPORT MANAGER........................................................................................... ROBERT A. GRIERSON BUDGET DIRECTOR ........................................................................................... JENNIFER M. LARSON BUILDING SERVICES MANAGER ........................................................................ RICHARD R. RUSSELL CITY ENGINEER .......................................................................................................... GUS N. PSIHOYOS ECONOMIC DEVELOPMENT DIRECTOR ........................................................................ DAVID J. HEIAR FINANCE DIRECTOR............................................................................................. KENNETH J. TEKIPPE FIRE CHIEF................................................................................................................. E. DANIEL BROWN HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR .......................................... DAVID W. HARRIS HUMAN RIGHTS DIRECTOR ...................................................................................... KELLY R. LARSON INFORMATION SERVICES MANAGER ........................................................... CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER ...................................................................................... GIL D. SPENCE LIBRARY DIRECTOR.............................................................................................. SUSAN A. HENRICKS PERSONNEL MANAGER ............................................................................................ RANDALL K. PECK PLANNING SERVICES MANAGER ........................................................................ LAURA B. CARSTENS POLICE CHIEF ....................................................................................... KIM B. WADDING (January-May) POLICE CHIEF – ACTING ........................................................... TERRENCE N. TOBIN (June-December) PUBLIC HEALTH SPECIALIST .......................................................................... MARY ROSE CORRIGAN PUBLIC WORKS DIRECTOR ........................................................................................ DONALD J. VOGT WATER DEPARTMENT MANAGER ........................................................................... ROBERT M. GREEN WATER POLLUTION CONTROL MANAGER ........................................................ JONATHAN R. BROWN Regular meetings of the City Council were held on the first and third Monday of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building. Book 139 Special Session, January 5, 2009 1 CITY OF DUBUQUE, IOWA been received and an opinion poll is in progress as well as continual updates. CITY COUNCIL OFFICIAL There being no further business, upon mo- PROCEEDINGS tion the City Council adjourned at 6:08 p.m. /s/Jeanne F. Schneider, CMC The Dubuque City Council met in special City Clerk session at 5:00 p.m. on January 5, 2009, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated that this was a special meeting of the City Council called for the purpose of receiving a City of Dubuque Website Demonstration. Public Information Officer Randy Gehl pro- vided an overview of the website and demon- strated the layout and navigation elements via a live internet connection. Modules highlighted included: Notify Me Subscription, Bids and Requests for Proposals Postings, Job Post- ings, On-line Applications/Forms, Contact Us, Code Red Notification, News Flashes, Events Calendar, Agendas & Minutes, and Online Payments. Information Services Manager Chris Kohl- mann demonstrated the Citizen Support Cen- ter module, which included the How Do I, Ser- vice Requests, Frequently Asked Questions, and searching components of the public side of the website. Kohlmann demonstrated the administrative side of the website, which illu- strated staff’s ability to manage and update the website, gather data and generate reports. The Public Documents component, which in- cludes City Council agenda documents and archived Official Proceedings, was also dem- onstrated. Cable Franchise Coordinator Craig No- wack demonstrated the video streaming and Video on Demand components describing how citizens can view Council meetings in progress via the Internet as well as search past meet- ings and other City programs. Nowack noted that agenda items can be queued within the video as well as searched. Gehl then answered questions from City Council and described the marketing effort currently underway. Gehl noted that an ap- pointed task force selected several vendors which provided multiple components to the website. Citizens do get confirmation upon submission of a service request, and links are provided to connect citizens to partnering agencies. A staff directory, including names and phone numbers, is also a component of the site. Gehl stated that some feedback has 2 Regular Session, January 5, 2009 Book 139 CITY OF DUBUQUE, IOWA Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Timothy R. Wolfe for CITY COUNCIL personal injury; Debbie Kieffer for vehicle OFFICIAL damage; Gloria Kramer for vehicle damage. PROCEEDINGS Upon motion the documents were received, filed and concurred. The Dubuque City Council met in regular Worker’s Compensation Claims Adminis- session at 6:30 p.m. on January 5, 2009 in the trative Services Agreement: City Manager re- Historic Federal Building. commending approval of the agreement be- tween the City of Dubuque and Alternative Present: Mayor Buol, Council Members Services Concepts (ASC) for services related Braig, Connors, Jones, Lynch, Resnick, Voet- to the administration of the City’s Worker’s berg, City Manager Van Milligen, City Attorney Compensation Program. Upon motion the Lindahl documents were received, filed, and approved. Mayor Buol read the call and stated this is Hempstead Safety Improvements – a regular session called for the purpose of Crosswalks and Geometrics Project: City discussing such matters which may properly Manager recommending that the Hempstead come before the City Council. Safety Improvements – Crosswalks and Geo- metrics Project contract award to McDermott Invocation was provided by Reverend Excavating in the amount of $83,403.51 be Nancy Bickel, First Congregational United recorded in the official minutes of the City Church of Christ Council. Upon motion the documents were received and filed and made a Matter of PROCLAMATIONS Record. Special Olympics Iowa Dubuque Winter 2008 Sidewalk Assessment Program: City Games Proclamation (January 12 – 14, 2009) Manager recommending approval of the levy was accepted by Paul Gorrell, 917 Patricia of special assessments for the 2008 Sidewalk Ann Drive; Martin Luther King Days (January Inspection Program. Upon motion the docu- 18 and 19, 2009) was accepted by Reverend ments were received and filed and Resolution Tim Bees, 1401 Henion Street. No. 1-09 Adopting the final assessment sche- dule for the 2008 Sidewalk Assessment Pro- CONSENT ITEMS gram was adopted. Motion by Lynch to receive and file the RESOLUTION NO. 1-09 documents, adopt the resolutions, and dispose ADOPTING THE FINAL ASSESSMENT of as indicated. Seconded by Voetberg. Motion SCHEDULE FOR THE 2008 SIDEWALK AS- carried 7-0. SESSMENT PROJECT Minutes and Reports Submitted: City NOW, THEREFORE, BE IT RESOLVED Council of 12/15; Civil Service Commission of BY THE CITY COUNCIL OF THE CITY OF 12/23; Park and Recreation Commission of DUBUQUE, IOWA: 12/9; Plumbing Board of 12/18 After full consideration, the Final Schedule Proofs of publication of City Council Pro- of Assessments as shown on the attached ceedings of December 1, 2008 (Regular and sheet(s), Page 1 to Page 1 inclusive is hereby Special Meeting) approved for the 2008 Sidewalk Assessment Upon motion the documents were received Project. and filed. There is hereby assessed and levied as a special tax against and upon each of the bene- Notice of Claims/Suits: Bonjour Estates for fited properties, the respective sums indicated. property damage; Gloria Kramer for vehicle The amounts shown in said Final Schedule of damage; Timothy Wolfe for personal injury; Assessments as deficiencies are found to be Debbie Kieffer for vehicle damage; French proper and levied conditionally against the Quarter Estates, L.C. vs. City of Dubuque for respective properties benefited by the im- overcharging for water service; Jim David for provements as shown in the Final Schedule of property damage; William Latham for personal Assessments, subject to the provisions of Iowa injury; Noel F. Ploessl for vehicle damage. Code § 384.63. Said assessments against Upon motion the documents were received said lots are hereby declared to be in propor- and filed and referred to the City Attorney. tion to the special benefits conferred and not in excess of twenty-five percent of the value of City Attorney advising that the following same. claims have been referred to Public Entity Risk Book 139 Regular Session, January 5, 2009 3 The City Clerk be and is hereby directed to Groveland Place Sanitary Sewer Recon- certify the Final Schedule of Assessments to struction Project: City Manager recommending the County Treasurer of Dubuque County, acceptance of the Groveland Place Sanitary Iowa, and to publish notice of said certification Sewer Reconstruction Project as completed by once each week for two consecutive weeks in Arensdorf Excavating & Trucking in the final the manner provided in Iowa Code § 362.3, contract amount of $46,884.14. Upon motion the first publication of which shall be not more the documents were received and filed and than fifteen days from the date of filing of the Resolution No. 2-09 Accepting the Groveland Final Schedule of Assessments. On or before Place Sanitary Sewer Reconstruction Project the date of the second publication of the no-and authorizing the payment of the contract tice, the City Clerk shall also mail a copy of amount to the contractor was adopted. said notice to property owners whose property RESOLUTION NO. 2-09 is subject to assessment, as provided in Iowa ACCEPTING THE GROVELAND PLACE Code § 384.60. SANITARY SEWER RECONSTRUCTION The assessments may be paid in full or in PROJECT AND AUTHORIZING THE PAY- part without interest at the office of the City th MENT OF THE CONTRACT AMOUNT TO Treasurer, City Hall, 50 W. 13 Street, Dubu- THE CONTRACTOR que, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Whereas, the Public Improvement Contract Assessments. Thereafter, unpaid assessments for the Groveland Place Sanitary Sewer Re- of $100.00 or more are payable in 10 annual construction Project (the Project) has been installments at the County Treasurer’s Office, completed and the City Engineer has ex- Dubuque County Courthouse, 720 Central amined the work and filed a certificate stating Avenue, Dubuque, Iowa, and will draw annual that the Project has been completed according interest at nine percent (9%) computed to De-to the terms of the Public Improvement Con- cember 1 next following the due dates of the tract and that the City Engineer recommends respective installments as provided in Section that the Project be accepted. 384.65 of the Code of Iowa. Each installment NOW THEREFORE, BE IT RESOLVED will be delinquent from October 1 following its BY THE CITY COUNCIL OF THE CITY OF due date on July 1 of each year. However, DUBUQUE, IOWA: when the last day of September is a Saturday Section 1. The recommendation of the City or Sunday, that amount shall be delinquent Engineer is approved and the Project is hereby from the second business day of October. De-accepted. linquent installments will draw the same delin-Section 2. The Finance Director is hereby quent interest as ordinary taxes. Property directed to pay to the Contractor from the Gro- owners may elect to pay any annual install-veland Brunswick to Burden CIP (7101902) ments semi-annually in advance. and General Sanitary Sewer Repairs CIP th Passed, approved and adopted this 5 day (7101289) appropriations for the contract of January, 2009. amount of $46,884.14 less any retained per- Roy D. Buol, Mayor centage provided for therein as provided in Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of Mayor Communication: Communication Iowa Code chapter 573. th from Mayor Roy Buol to The Honorable Tho-Passed, approved and adopted this 5 day mas Vilsack congratulating him on his ap-of January, 2009. pointment by President-Elect Barack Obama Roy D. Buol, Mayor as Secretary of the U.S. Department of Agri-Attest: Jeanne F. Schneider, CMC, City Clerk culture and offering a suggestion on how to CITY ENGINEER’S CERTIFICATE OF FINAL help revitalize rural America. Upon motion the COMPLETION OF THE GROVELAND document was received and filed. PLACE SANITARY SEWER RECONSTRUC- TION PROJECT City of Epworth: Communication from Phil- lip W. Silker, Mayor of the City of Epworth, The undersigned City Engineer of the City thanking the City of Dubuque Fire Department of Dubuque, Iowa, hereby certifies that he has for their assistance with a fire in the early inspected the Groveland Place Sanitary Sewer th morning hours of December 7. Upon motion Reconstruction Project, that the Project has the document was received and filed. been performed in compliance with the terms of the Public Improvement Contract, and that 1000 Friends of Iowa: Two news releases the total cost of the completed work is announcing that the City of Dubuque HEART $60,282.36. th Program has received the 1000 Friends of Dated this 5 day of January, 2009. Iowa 2008 Best Development Award. Upon Gus Psihoyos, City Engineer motion the documents were received and filed. 4 Regular Session, January 5, 2009 Book 139 th Filed in the office of the City Clerk on the 5 inspected the John F. Kennedy Road & Kauf- day of January, 2009. mann Avenue Storm Sewer Project, that the Jeanne F. Schneider, CMC, City Clerk Project has been performed in compliance with the terms of the Public Improvement Contract, John F. Kennedy Road and Kaufmann and that the total cost of the completed work is Avenue Storm Sewer Project: City Manager $78,630.17. th recommending acceptance of the John F. Dated this 5 day of January, 2009. Kennedy Road and Kaufmann Avenue Storm Gus Psihoyos. City Engineer th Sewer Project as completed by McDermott Filed in the office of the City Clerk on the 5 Excavating in the final contract amount of day of January, 2009. $70,278.16. Upon motion the documents were Jeanne F. Schneider, CMC, City Clerk received and filed and Resolution No. 3-09 Accepting the John F. Kennedy Road-Hawthorne Street – Sutton Pool Storm Kaufmann Avenue Storm Sewer Project and Sewer Extension Project: City Manager re- authorizing the payment of the contract commending acceptance of the Hawthorne amount to the contractor was adopted. Street – Sutton Pool Storm Sewer Extension Project as completed by Drew Cook & Sons RESOLUTION NO. 3-09 Excavating Co., Inc. of Dubuque, Iowa, in the ACCEPTING THE JOHN F. KENNEDY final contract amount of $41,286.40. Upon ROAD-KAUFMANN AVENUE STORM SEW- motion the documents were received and filed ER PROJECT AND AUTHORIZING THE and Resolution No. 4-09 Accepting the Haw- PAYMENT OF THE CONTRACT AMOUNT thorne Street – Sutton Pool Storm Sewer Ex- TO THE CONTRACTOR tension Project and authorizing the payment of Whereas, the Public Improvement Contract the contract amount to the contractor was for the John F. Kennedy Road-Kaufmann Ave-adopted. nue Storm Sewer Project (the Project) has RESOLUTION NO. 4-09 been completed and the City Engineer has ACCEPTING THE HAWTHORNE STREET – examined the work and filed a certificate stat- SUTTON POOL STORM SEWER EXTEN- ing that the Project has been completed ac- SION PROJECT AND AUTHORIZING THE cording to the terms of the Public Improvement PAYMENT OF THE CONTRACT AMOUNT Contract and that the City Engineer recom- TO THE CONTRACTOR mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED Whereas, the Public Improvement Contract BY THE CITY COUNCIL OF THE CITY OF for the Hawthorne Street – Sutton Pool Storm DUBUQUE, IOWA: Sewer Extension Project (the Project) has Section 1. The recommendation of the City been completed and the City Engineer has Engineer is approved and the Project is hereby examined the work and filed a certificate stat- accepted. ing that the Project has been completed ac- Section 2. The Finance Director is hereby cording to the terms of the Public Improvement directed to pay to the Contractor from the Contract and that the City Engineer recom- Kaufmann & JFK Storm Sewer Repairs mends that the Project be accepted. (CIP#7201358), the JFK Storm Reconstruction NOW THEREFORE, BE IT RESOLVED – Kaufmann to Rosewood (CIP#7201909), and BY THE CITY COUNCIL OF THE CITY OF the General Sanitary Sewer Repairs DUBUQUE, IOWA: (CIP#7201066) Capital Improvement Program Section 1. The recommendation of the City appropriations for the contract amount of Engineer is approved and the Project is hereby $70,278.16 less any retained percentage pro-accepted. vided for therein as provided in Iowa Code Section 2. The Finance Director is hereby chapter 573, and to pay such retainage only in directed to pay to the Contractor from the accordance with the provisions of Iowa Code Hawthorne Street – Sutton Pool Storm Sewer chapter 573. Extension Project (CIP#7201059) Capital Im- th Passed, approved and adopted this 5 day provement Program appropriation for the con- of January, 2009. tract amount of $41,286.40 less any retained Roy D. Buol, Mayor percentage provided for therein as provided in Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Code chapter 573, and to pay such retai- nage only in accordance with the provisions of CITY ENGINEER’S CERTIFICATE OF FINAL Iowa Code chapter 573. th COMPLETION OF THE JOHN F. KENNEDY Passed, approved and adopted this 5 day ROAD-KAUFMANN AVENUE STORM SEW- of January, 2009. ER PROJECT Roy D. Buol, Mayor The undersigned City Engineer of the City Attest: Jeanne F. Schneider, CMC, City Clerk of Dubuque, Iowa, hereby certifies that he has Book 139 Regular Session, January 5, 2009 5 CITY ENGINEER’S CERTIFICATE OF FINAL herein described real estate. COMPLETION OF THE HAWTHORNE Section 3. That the City Clerk be and is he- STREET – SUTTON POOL STORM SEWER reby authorized and directed to cause said EXTENSION PROJECT Quit Claim Deed to be recorded in the office of The undersigned City Engineer of the City the Dubuque County Recorder, together with of Dubuque, Iowa, hereby certifies that he has certified copy of the Resolution. inspected the Hawthorne Street – Sutton Pool Section 4. That the City Clerk be and is he- Storm Sewer Extension Project, that the reby directed to forward a copy of this Resolu- Project has been performed in compliance with tion to the Dubuque County Assessor and the the terms of the Public Improvement Contract, Dubuque County Auditor. th and that the total cost of the completed work is Passed, approved and adopted this 5 day $52,710.11. of January, 2009. th Dated this 5 day of January, 2009. Roy D. Buol, Mayor Gus Psihoyos, City Engineer Attest: Jeanne Schneider, CMC, City Clerk th Filed in the office of the City Clerk on the 5 day of January, 2009. Zoning Board of Adjustment Resignation: Jeanne F. Schneider, CMC, City Clerk Resignation of William Gasper from the Zoning Board of Adjustment. Upon motion the docu- Supervisory Training Agreement: City ment was received and filed and the resigna- Manager recommending approval of an tion accepted. agreement with Dale Carnegie Training to pro- vide supervisory training for the City of Dubu-Five Flags HVAC and Promenade Roof que. Upon motion the documents were re-Replacement Project: City Manager recom- ceived, filed, and approved. mending acceptance of the Five Flags HVAC and Promenade Roof Replacement Project as Purchase of Property – 1576 Maple Street: completed by Giese Sheet Metal in the final City Manager recommending approval of the contract amount of $711,126.00. Upon motion purchase of a residential dwelling located at the documents were received and filed and 1576 Maple Street as part of the acquisition Resolution No. 6-09 Accepting improvement program associated with the Bee Branch and Resolution No. 7-09 Approving final esti- Creek Restoration Project. Upon motion the mate were adopted. documents were received and filed and Reso- RESOLUTION NO. 6-09 lution No. 5-09 Approving the acquisition of ACCEPTING IMPROVEMENT real estate located at 1576 Maple Street in the City of Dubuque, Iowa, was adopted. WHEREAS, the contract for the Five Flags HVAC and Promenade Roof Replacement RESOLUTION NO. 5-09 Project has been completed and the City Man- APPROVING THE ACQUISITION OF REAL ager has examined the work and filed his cer- ESTATE LOCATED AT 1576 MAPLE tificate stating that the same has been com- STREET, IN THE CITY OF DUBUQUE pleted according to the terms of the contract, WHEREAS, the City of Dubuque intends to plans and specifications and recommends its acquire certain properties located in the area acceptance. of the Bee Branch Creek Restoration Project NOW, THEREFORE, BE IT RESOLVED, for stormwater mitigation activities as recom-BY THE CITY COUNCIL OF THE CITY OF mended in the 2001 HDR “Drainage Basin DUBUQUE, IOWA: Master Plan;” and Section 1. That the recommendation of the WHEREAS, a purchase agreement has City Manager be approved and that said im- been finalized with the owner of the sixty first provement be and the same is hereby ac- property scheduled for acquisition. cepted. NOW, THEREFORE, BE IT RESOLVED BE IT FURTHER RESOLVED that the City BY THE CITY COUNCIL OF THE CITY OF Treasurer be and he is hereby directed to pay DUBUQUE, IOWA: to the contractor from the General Fund in Section 1. That the City of Dubuque amount equal to the amount of his contract, hereby approves the acquisition of the follow-less any retained percentage provided for North ½ of Lot ing legally described property: therein. 317 in “East Dubuque No. 2” in the City of Du- Passed, approved and adopted this 5th buque, Iowa according to the recorded plat day of January, 2009. thereof at the cost of Seventy-seven thousand Roy D. Buol, Mayor dollars ($77,000). Attest: Jeanne F. Schneider, City Clerk Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the 6 Regular Session, January 5, 2009 Book 139 RESOLUTION NO. 7-09 RESOLUTION NO. 9-09 FINAL ESTIMATEFINAL ESTIMATE WHEREAS, the contract for the Five Flags WHEREAS, the contract for the Veterans’ HVAC and Promenade Roof Replacement Memorial Park Rest Room Renovation Project Project has been completed and the Engineer has been completed and the Engineer has has submitted his final estimate showing the submitted his final estimate showing the cost cost thereof including the cost of estimates, thereof including the cost of estimates, notices notices and inspection and all miscellaneous and inspection and all miscellaneous costs; costs; NOW, THEREFORE, BE IT RESOLVED, NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the cost of said improve- Section 1. That the cost of said improve-ment is hereby determined to be $70,485 and ment is hereby determined to be $711,126 and the said amount shall be paid from the General the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th Passed, approved and adopted this 5th day of January, 2009. day of January, 2009. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk ACHIEVE Healthy Communities Grant: Veterans Memorial Park Rest Room Reno-City Manager recommending approval of an vation Project: City Manager recommending application to the National Recreation and ACHIEVE acceptance of the Veterans Memorial Park Park Association to become an Healthy Communities Rest Room Renovation Project as completed Demonstration Site. by Klauer Construction Company in the final Upon motion the documents were received, contract amount of $70,485. Upon motion the filed, and approved. documents were received and filed and Reso- lution No. 8-09 Accepting improvement and 2008 Annual Tax Increment Financing Re- Resolution No. 9-09 Approving final estimate port: City Manager recommending approval of was adopted. the 2008 Annual Tax Increment Financing Report. Upon motion the documents were re- RESOLUTION NO. 8-09 ceived, filed, and approved. ACCEPTING IMPROVEMENT WHEREAS, the contract for the Veterans’ Coalition for Supreme Court Appeal: City Memorial Park Rest Room Renovation Project Manager recommending that the City join a has been completed and the City Manager has coalition of communities to file a certiorari peti- examined the work and filed his certificate tion in the United States Supreme Court ask- stating that the same has been completed ing the Court to review and revise the decision according to the terms of the contract, plans of the United States Court of Appeals for the and specifications and recommends its accep-Sixth Circuit which upheld the Federal Com- tance. munications Commission order preempting NOW, THEREFORE, BE IT RESOLVED, local authority over cable franchising for new BY THE CITY COUNCIL OF THE CITY OF entrants. Upon motion the documents were DUBUQUE, IOWA: received, filed, and approved. Section 1. That the recommendation of the City Manager be approved and that said im-Signed Contracts: Chassis purchases for provement be and the same is hereby ac-pumper in Fiscal Year 2010 CIP. Upon motion cepted. the document was received, filed, and ap- BE IT FURTHER RESOLVED that the City proved. Treasurer be and he is hereby directed to pay to the contractor from the General Fund in Liquor License Applications: City Manager amount equal to the amount of his contract, recommending approval of annual liquor li- less any retained percentage provided for cense renewals as submitted. Upon motion the therein. documents were received and filed and Reso- lution No. 10-09 Granting the issuance of a Passed, approved and adopted this 5th Class “B” Beer Permit to UAW Local #94; and day of January, 2009. a Class “C” Beer Permit to Clark of Dubuque; Roy D. Buol, Mayor and Resolution No. 11-09 Granting the is- Attest: Jeanne F. Schneider, City Clerk suance of a Class “B” Liquor License to Champps; Class “C” Beer/Liquor License to The Lounge and Breezers Pub; Class “B” Book 139 Regular Session, January 5, 2009 7 Wine Permit to Dubuque Religious Center; and Roy D. Buol, Mayor a Class “WBN” Native Wine Permit to Hy-Vee Attest: Jeanne F. Schneider, CMC, City Clerk Gas #2 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING RESOLUTION NO. 10-09 Whereas, applications for Beer Permits Motion by Lynch to receive and file the have been submitted and filed to this Council documents, adopt the resolutions, set the pub- for approval and the same have been ex-lic hearings as indicated, and direct the City amined and approved; and Clerk to publish notice as prescribed by law. Whereas, the premises to be occupied by Seconded by Connors. Motion carried 7-0. such applicants were inspected and found to comply with the Ordinances of the City and Oak Grove Sanitary Sewer and Water have filed proper bonds. Main Extension Project: City Manager recom- NOW, THEREFORE, BE IT RESOLVED mending initiation of the public bidding process BY THE CITY COUNCIL OF THE CITY OF for the Oak Grove Sanitary Sewer and Water DUBUQUE, IOWA: Main Extension Project and that a public hear- That the Manager be authorized to cause ing be set for January 20, 2009, to consider to be issued the following named applicants a approval of the plans and specifications, form Beer Permit. of contract and estimated cost. Upon motion CLASS “B” BEER PERMIT the documents were received and filed and International UAW #94, UAW Local Resolution No. 12-09 Preliminary approval of #94+(Sunday Sale), 3450 Central Avenue plans, specifications, form of contract, and CLASS “C” BEER PERMIT estimated cost, setting date of public hearing Hiba Petroleum, Clark of Dubu-and ordering bids for the Oak Grove Sanitary que+(Sunday Sale), 700 Rhomberg Avenue Sewer and Water Main Extension Project; Passed, approved and adopted this 5th Resolution No. 13-09 Approving the plat, pre- day of January, 2009 liminary schedule of assessments and esti- Roy D. Buol, Mayor mate of total cost and setting date of public Attest: Jeanne F. Schneider, CMC, City Clerk hearing on Resolution of Necessity; and Reso- lution No. 14-08 Resolution of Necessity for RESOLUTION NO. 11-09 the Oak Grove Sanitary Sewer and Water Whereas, applications for Liquor Licenses Main Extension Project were adopted setting a have been submitted to this Council for ap-public hearing for a meeting to commence at proval and the same have been examined and 6:30 p.m. on January 20, 2009 in the Historic approved; and Federal Building. Whereas, the premises to be occupied by RESOLUTION NO. 12-09 such applicants were inspected and found to OAK GROVE SANITARY SEWER AND comply with the State laws and all City Ordin- WATER MAIN EXTENSION PROJECT ances relevant thereto and they have filed PRELIMINARY APPROVAL OF PLANS, proper bonds. SPECIFICATIONS, FORM OF CONTRACT, NOW, THEREFORE, BE IT RESOLVED AND ESTIMATED COST; SETTING DATE BY THE CITY COUNCIL OF THE CITY OF OF PUBLIC HEARING ON PLANS, SPECI- DUBUQUE, IOWA: FICATIONS, FORM OF CONTRACT, AND That the Manager be authorized to cause ESTIMATED COST; AND ORDERING THE to be issued the following named applicants a ADVERTISEMENT FOR BIDS Liquor License. CLASS “B” LIQUOR LICENSE NOW THEREFORE, BE IT RESOLVED Dodge St. Entertainment , Champps Amer-BY THE CITY COUNCIL OF THE CITY OF icana +(Sunday/Outdoor Sale), 3100 Dodge DUBUQUE, IOWA: Street The proposed plans, specifications, form of CLASS “C” BEER/LIQUOR LICENSE contract and estimated cost for the Oak Grove Phillip Love, The Lounge, 481 Locust Sanitary Sewer and Water Main Extension Street Project, in the estimated amount $174,781.26, Breezers Pub Company, Breezers Pub are hereby preliminarily approved and ordered +(Sunday Sale), 600 Central Avenue filed in the office of the City Clerk for public CLASS “B” WINE inspection. th Dubuque Religious Center, Dubuque Reli-A public hearing will be held on the 20 gious Center, 923 Main Street day of January, 2009, at 6:30 p.m. in the His- CLASS “WBN” NATIVE WINE toric Federal Building Council Chambers at Hy-Vee Inc., Hy-Vee Gas #2, 2435 NW Ar-which time interested persons may appear and terial be heard for or against the proposed plans and Passed, approved and adopted this 5th specifications, form of contract and estimated day of January, 2009. cost of said Project, and the City Clerk be and 8 Regular Session, January 5, 2009 Book 139 is hereby directed to cause the attached notice assessment for the proposed improvement or of the time and place of such hearing to be any other person having an interest in the mat- published in a newspaper having general cir-ter may appear and be heard for or against the culation in the City of Dubuque, Iowa, which making of the improvement, the boundaries of notice shall be published not less than four the district, the cost, the assessment against days nor more than twenty days prior to the any lot, or the final adoption of a resolution of date of such hearing. At the hearing, any inter-necessity. ested person may appear and file objections to A property owner will be deemed to have the proposed plans, specifications, form of waived all objections unless at the time of contract, or estimated cost of the Project. hearing the property owner has filed objections The Oak Grove Sanitary Sewer and Water with the City Clerk. Main Extension Project is hereby ordered to be The City Clerk be and is hereby authorized advertised for bids for construction. and directed to cause the attached notice of The amount of the security to accompany the time and place of such hearing to be pub- each bid shall be in an amount which shall lished in a newspaper having general circula- conform to the provisions of the Notice to Bid-tion in the City of Dubuque, Iowa, which notice ders hereby approved. shall be published once each week for two The City Clerk is hereby directed to adver-consecutive weeks, the first publication of tise for bids for the construction of the im-which shall be not less than ten days prior to provements herein provided by publishing the the day fixed for its consideration. th attached Notice to Bidders in a newspaper Passed, approved and adopted this 5 day having general circulation in the City of Dubu-of January, 2009. que, Iowa. Such notice shall be published not Roy D. Buol, Mayor less than four but not more than forty-five days Attest: Jeanne F. Schneider, CMC, City Clerk before the date for filing bids by 2:00 p.m. on RESOLUTION NO. 14-09 the 21st day of January, 2009. Bids shall be RESOLUTION OF NECESSITY FOR THE opened and read by the City Clerk at said time OAK GROVE SANITARY SEWER & WATER and will be submitted to the City Council for nd MAIN EXTENSION PROJECT final action at 6:30 p.m. on the 2 day of Feb- ruary, 2009, in the Historic Federal Building Whereas, the plat, schedule of assess- th Council Chambers (second floor), 350 West 6 ments, and estimate of total cost for the Oak Street, Dubuque, Iowa. Grove Sanitary Sewer and Water Main Exten- th Passed, adopted and approved this 5 day sion Project have been duly prepared and ap- of January, 2009. proved by the City Council of the City of Dubu- Roy D. Buol, Mayor que and ordered placed on file in the office of Attest: Jeanne F. Schneider, CMC, City Clerk City Clerk. NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 13-09 BY THE CITY COUNCIL OF THE CITY OF OAK GROVE SANITARY SEWER & WATER DUBUQUE, IOWA: MAIN EXTENSION PROJECT Installation of 992 feet of 2-inch force main APPROVING THE PLAT, SCHEDULE OF and individual grinder pumps for six houses ASSESSMENTS AND ESTIMATE OF TOTAL and one vacant lot. It will also include the in- COST AND SETTING DATE OF PUBLIC stallation of 440 feet of 8-inch water main and HEARING ON RESOLUTION OF NECESSI- 290 feet of private water service line to serve TY each house and the vacant lot. Whereas, the proposed Resolution of Ne-There is on file in the office of the City cessity for the Project has been introduced for Clerk an estimated total cost of the work, and the Project. a preliminary plat and schedule showing the NOW THEREFORE,BE IT RESOLVED amount proposed to be assessed to each lot BY THE CITY COUNCIL OF THE CITY OF for the improvement. DUBUQUE, IOWA: The date, time, and place the Council will The attached plat, schedule of assess-hear property owners subject to the assess- ments, and estimate of total cost for the Oak ment and interested parties for or against the Grove Sanitary Sewer and Water Main Exten-improvement, its cost, the assessment, or the sion Project and the proposed Resolution of boundaries of the district: Necessity are hereby approved and ordered The City Council deems it advisable and placed on file in the Office of the City Clerk. necessary for the public welfare to make the th The City Council will meet on the 20 day herein mentioned improvements. of January, 2009, at 6:30 p.m. at the Historic Unless a property owner files objections Federal Building Council Chambers (second with the City Clerk at the time of hearing on the th floor), 350 West 6 Street, Dubuque, Iowa, at resolution of necessity, the property owner is which time the owners of property subject to deemed to have waived all objections pertain- Book 139 Regular Session, January 5, 2009 9 ing to the regularity of the proceeding and the Council’s intent to review and take action on legality of using the special assessment pro-the Fiscal Year 2010 (Program Year 2009) cedure. Community Development Block Grant Annual Said improvements shall be constructed in Plan. th accordance with the plans and specifications Passed, approved and adopted this 5 day which have been approved by the City Council of January, 2009. and are now on file in the Office of the City Roy D. Buol, Mayor Clerk. The cost of making such improvement Attest: Jeanne F. Schneider, City Clerk will be assessed against property lying with the BOARDS/COMMISSIONS assessment limits. The above resolution was introduced, ap- proved and ordered placed on file with the City Appointments were made to the following th Clerk this 5 day of January, 2009. Board: Housing Code Appeals Board. Two 3- Roy D. Buol, Mayor year terms through January 11, 2012 (Terms Attest: Jeanne F. Schneider, CMC, City Clerk of Durley and Newman). Applicants: Fred Mil- ler, 2462 Central Avenue; Paul Newman, 1895 Fiscal Year 2010 Annual Action Plan: City Central Avenue, #3. Motion by Connors to Manager recommending that a public hearing appoint Fred Miller and Paul Newman to the be set for February 19, 2009 to consider ap-Housing Code Appeals Board for three-year proval of the Fiscal Year 2010 Annual Action terms through January 11, 2012. Seconded by Plan. Upon motion the documents were re-Lynch. Motion carried 7-0. ceived and filed and Resolution No. 15-09 ACTION ITEMS Setting a public hearing on the Fiscal Year 2010 (Program Year 2009) Community Devel- opment Block Grant (CDBG) Annual Action National Trust for Historic Preservation Plan was adopted setting a public hearing for a Memorandum of Understanding (MOU): City meeting to commence at 6:30 p.m. on Febru-Manager recommending approval of a Memo- ary 19, 2009 in the Historic Federal Building. randum of Understanding with the National Trust for Historic Preservation for the City to RESOLUTION NO. 15-09 participate in a Preservation Green Lab dem- SETTING A PUBLIC HEARING ON THE onstration project. Motion by Voetberg to re- FISCAL YEAR 2010 PROGRAM YEAR 2009) ceive and file the documents and approve the COMMUNITY DEVELOPMENT BLOCK recommendation. Seconded by Jones. Motion GRANT (CDBG) ANNUAL ACTION PLAN. carried 7-0. Whereas, the City of Dubuque has, through a series of public meetings and hear-Electrical Code Ordinance: City Manager ings, finalized a Fiscal Year 2010 (Program recommending approval of a correction to a Year 2009) Community Development Block typographical error in the Electrical Code Or- Grant Annual Action Plan addressing both dinance. Motion by Jones to receive and file housing and non-housing needs in the com-the documents and that the requirement that a munity; and proposed ordinance be considered and voted Whereas, copies of the draft Fiscal Year on for passage at two Council meetings prior 2010 (Program Year 2009) CDBG Annual Ac-to the meeting at which it is to be passed be tion Plan will be available for public comment suspended. Seconded by Connors. Motion for 30 days prior to City Council action; and carried 7-0. Whereas, the City's Community Develop-Motion by Jones for final consideration and ment Advisory Commission has reviewed and passage of Ordinance No. 1-09 Rescinding recommended adoption of the Annual Action Ordinance No. 15-06 which contained refer- Plan. ences to an incorrect section of Chapter 18 NOW, THEREFORE, BE IT RESOLVED Electricity of the City of Dubuque Code of Or- BY THE CITY COUNCIL OF THE CITY OF dinances and adopting a new ordinance which DUBUQUE, IOWA: amends Chapter 18, Section 2 by increasing Section 1. That the City Council will meet the number of members, providing for regular in the Historic Federal Building, Council and special meetings, and amending and add- ndth Chambers, 2 Floor, 350 West 6 Street, Du-ing definitions. Seconded by Connors. Motion buque, Iowa at 6:30 p.m. on February 19, carried 7-0. 2009 for the purpose of holding a public hear- OFFICIAL PUBLICATION ing and taking action on the Fiscal Year 2010 ORDINANCE NO. 1-09 (Program Year 2009) Community Develop- ORDINANCE RESCINDING ORDINANCE ment Block Grant Annual Action Plan. NO. 15-06 WHICH CONTAINED REFER- Section 2. That the City Clerk be and she ENCES TO AN INCORRECT SECTION OF is hereby authorized and directed to publish a CHAPTER 18 ELECTRICITY OF THE CITY notice of such public hearing and the City 10 Regular Session, January 5, 2009 Book 139 OF DUBUQUE CODE OF ORDINANCES the following words and phrases shall have the AND ADOPTING A NEW ORDINANCE following meanings: WHICH AMENDS CHAPTER 18 SECTION 2 Apprentice or helper means a person who BY INCREASING THE NUMBER OF MEM- does not hold a license as a journeyman elec- BERS, PROVIDING FOR REGULAR AND trician, maintenance electrician, or contractor SPECIAL MEETINGS, AND AMENDING AND and who is assisting in the installation, altera- ADDING DEFINITIONS. tion, or repair of electrical work under the su- Section 1. City of Dubuque Code of Ordin-pervision of a Class I, II, or III electrical license ances § 18-2 is amended by amending Sec-holder. Under the supervision of a Class I, II, tion 81-3(b) and 81-3(d)(5) to read as follows: or III, electrical license holder shall mean that . . . . a Class I, II, or III certificate competency hold- (b) Membership. The Electrical Code er is physically present on the job site and at Board shall consist of seven (7) members ap-the same project location and that the appren- pointed by the city council. Six (6) members tice is engaged in the same phase of the shall have a background or experience in elec-project as the Class I, II, or III certificate com- trical engineering, electrical contracting, elec-petency holder. However, the apprentice is not trical installation, or electrical maintenance, required to be within sight of the Class I, II, or and one (1) member shall be appointed from III certificate competency holder at all times. . . . . the public at large. . . . . Journeyman electrician means a person (d) Rules and Regulations. The Electrical having the necessary qualifications, training, Code Board shall make such rules and pre-experience, and technical knowledge to wire scribe such procedures as may be reasonably for or install electrical wiring, electrical appara- necessary for its operation, except that such tus, and electrical equipment, and to supervise rules shall include the following: apprentices, and who is licensed by the Elec- . . . . trical Code Board. . . . . (5) Meetings. Regular meetings of the Electrical Code Board shall be Master electrician/electrical contractor th held on the fourth (4) Monday in means a person having the necessary qualifi- January, March, May, July, Septem-cations, training, experience, and technical ber, and November. Special meetings knowledge to plan, lay out, install, service, and may be called from time to time by supervise the installation of electrical wiring, the chairperson, the secretary, or the electrical equipment apparatus, electrical city manager. When the day fixed for equipment for light, heat, power, and other any regular meeting of the Electrical purposes and to supervise apprentices, and Code Board falls upon a day desig-who is licensed by the Electrical Code Board. . . . . nated as a legal or national holiday or city holiday, such meeting shall be Section 3. This Ordinance shall take effect held on the next succeeding day not on publication. th a holiday. The secretary shall give Passed, approved and adopted the 5 day of notice to the members of the Board if January, 2009. there is no business filed with the /s/Roy D. Buol, Mayor secretary to be heard by the Board by Attest: noon on the Wednesday prior to the /s/Jeanne F. Schneider, CMC, City Clerk regular meeting date and such regu-Published officially in the Telegraph Herald th lar meeting shall stand cancelled. The Newspaper the 9 day of January, 2009. secretary shall provide notice of the /s/Jeanne F. Schneider, CMC, City Clerk cancellation of the meeting in the same manner as notice of a regular Greater Dubuque Development Corpora- meeting. Members of the Board shall tion: City Manager recommending approval of attend at least two-thirds (2/3) of all a three-year funding request by Greater Dubu- scheduled meetings within a twelve que Development Corporation for support of (12) month period. If any member the Dubuque Works workforce development does not attend such prescribed program. Motion by Connors to receive and file number of meetings, it shall constitute the documents and approve the request. grounds for the Board to recommend Seconded by Jones. Mr. Dickinson, 300 Main to the city council that said member Street, spoke to the City Council in support the be replaced. request. Motion carried 7-0. Section 2. City of Dubuque Code of Ordin- ances § 18-2 is amended by amending or add-Dubuque Area Labor Management Coun- ing the following definitions to Section 83-1: cil: City Manager recommending approval of 83-1. Definitions. As used in this Article, the Dubuque Area Labor Management Coun- Book 139 Regular Session, January 5, 2009 11 cil’s five-year funding request. Motion by Con- nors to receive and file the documents and approve the request. Seconded by Jones. Du- buque Area Labor Management Director Rick Running, 2478 Beacon Hill Drive, spoke to the City Council in support of the request and about the purpose of the Dubuque Area Labor Management Council. Motion carried 7-0 Federal Legislative Priorities: City Manager recommending approval of the City’s 2009 Federal Legislative Priorities. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. City Council Appointments: Communica- tion from M. Thomas Stovall, Executive Direc- tor of Operation: New View Community Action Agency, requesting that the City make ap- pointments to the Board of Directors at the first meeting in January 2009 (currently City Coun- cil Members Ric Jones and David Resnick), and a representative appointed by the City Manager (currently Janet Walker). Communication from the Dubuque Racing Association Board of Directors requesting ap- pointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milli- gen). Mayor and City Council appointments to various Boards and Commissions. Motion by Connors to receive and file the documents and retain the current membership for all boards. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported that he appreciated receiv- ing the updated information regarding the st Trailways 1 Street depot issue. City Manager Van Milligen informed City Council that the deadline previously given to Trailways to va- st cate the 1 Street facility would be extended. There being no further business, upon mo- tion the City Council adjourned at 7:17 p.m. /s/Jeanne F. Schneider, CMC City Clerk 12 Special Session, January 6, 2009 Book 139 CITY OF DUBUQUE, IOWA Negative responses were received for unmanaged swales, community CITY COUNCIL gardens, landscape screenings, OFFICIAL and brick/culvert-shaped bridges. PROCEEDINGS Rebecca Flood described design alterna- tives on the whole of the Bee Branch corridor The Dubuque City Council met in special as it transitions from residential to commercial session at 5:30 p.m. on January 6, 2009 in the districts through the use of cross-section draw- Historic Federal Building. ings. She stated that neighborhood Cross Sec- tion Alternative 2 with control structure and Present: Mayor Buol, Council Members green bottom access was preferred by work- Braig, Connors, Jones, Lynch, Resnick, Voet- shop attendees. Ms. Flood, Mr. Muehring, and berg, City Manager Van Milligen, City Attorney Mr. Bridwell addressed concerns from Council Lindahl Members regarding watershed safety and amenities. Mr. Muehring stated that public Mayor Buol read the call and stated this is education regarding the project will be re- a special session of the City Council to discuss quired. Mr. Bridwell informed Council about the the Landscape Design for the Bee Branch th role of the 16 Street Basin in connection with Creek Restoration Project. the use of the Level Control Structure and the river in terms of watershed during storms. City of Dubuque Engineer Deron Muehring Ms. Flood and Mr. Bridwell described the provided an overview of the work session and purpose and function of the Level Control introduced Mike Jansen from IIW Engineers. Structure concept. Public Works Director Don Jansen then introduced the design team: Den- Vogt clarified the City’s current flood control nis Waugh from IIW Engineers; Project Man- procedures as they relate to the floodwall’s ager Mike Bridwell and Tom Lynch from th gates and 16 Street Basin. Strand Associates who facilitated the project’s Ms. Flood then illustrated the design de- public input; and Ken Saiki and Rebecca Flood th tails of each of the corridor’s sections from 24 from Ken Saiki Designs who facilitated the ndnd to 22 Street, 22 Street to Lincoln Avenue, project’s landscape architecture. Lincoln Avenue to Railroad, and the Commer- cial district. Tom Lynch reviewed the process to date Mike Bridwell illustrated the three preferred stating that kick off meetings and workshops bridge designs noting that reclaimed limestone were held in October 2008. Input was received from the Bee Branch Creek restoration could from the public on preferences and concerns be used as a veneer for the bridge, and safety and presented to residents, landowners and concerns could be addressed through the use the Landscape Design Advisory Committee at of lighting and possible security cameras. workshops held during November 2008. Infor- mation gathered from those workshops in- Council discussion included questions per- cluded: taining to the costs for bridge alternatives, de- Project Goals: velopment of adjacent properties, pedestrian Primary: Flood Projection safety and security, structural cost efficiency, Secondary: Community Asset (Aesthet- and long-term operation and maintenance ics, Recreation, Other) costs. Mr. Bridwell summarized the Council’s Results from Public Input Workshop; discussion stating that the design team will Hopes and Fears (by priority) refine the concepts based on their input and Hopes: Park Amenities, Road under present it to the public. railroad tracks, aesthetically City Council thanked the area residents for pleasing bridge structures; low- their involvement in the project and expressed maintenance plantings, safe- pleasure with the concepts presented stating ty/child safety this project will be an amenity to the neighbor- Fears: Creating unsafe conditions for hood. children, extra cost to maintain creek, unsecure hang-out spots; There being no further business, upon mo- trash and debris; lack of mainten- tion the City Council adjourned at 6:50 p.m. ance Results of Visual Preference Survey: /s/Jeanne F. Schneider, CMC Positive responses were received for City Clerk bike paths, gazebo/overlooks, public meeting spaces, benches/public art, decorative bridge railings/arches/limestone. Book 139 Special Session, January 15, 2009 13 CITY OF DUBUQUE, IOWA loped as part of the overall redevelopment area covered by said Urban Renewal Plan; CITY COUNCIL and OFFICIAL WHEREAS, the City of Dubuque ("City") PROCEEDINGS has received a proposal from Dubuque Initia- tives (the "Developer") and International Busi- ness Machines Corporation (the "Employer"), The Dubuque City Council met in special in the form of a proposed Development session at 5:45 p.m. on January 15, 2009 in Agreement (the "Development Agreement") the Historic Federal Building. between the City and the Developer and a proposed Incentive Agreement (the "Incentive Present: Mayor Buol, Council Members Agreement", and together with the Develop- Braig, Connors, Jones, Lynch, Resnick, Voet- ment Agreement, referred to herein as the berg, City Manager Van Milligen, City Attorney "Agreements") between the City and the Em- Lindahl ployer, pursuant to which, among other things, the Developer would acquire and renovate the Mayor Buol read the call and stated this is Dubuque Building located at 700 Locust Street a special session of the City Council called for in the City, and lease portions of the same to the purpose of discussing such matters which the Employer; and may properly come before the City Council. WHEREAS, the Employer reasonably ex- pects to create approximately 1,300 new full- ITEMS TO BE SET FOR PUBLIC HEARING time employment positions at the Dubuque Building property prior to January 1, 2011, and Motion by Lynch to receive and file the reasonably expects to maintain those jobs documents, adopt the resolutions, set the pub- during the term of the Agreements; and lic hearings as indicated, and direct the City WHEREAS, in consideration of the obliga- Clerk to publish notice as prescribed by law. tions being assumed by the Developer and the Seconded by Connors. Motion carried 7-0. Employer, the Agreements further propose that the City provide certain financial assis- International Business Machines Corpora- tance to the Developer and the Employer, in- tion: City Manager recommending that a public cluding a loan guaranty for the benefit of the hearing be set for January 26, 2009 on a pro- Developer and the payment of certain eco- posed Development Agreement between the nomic development grants to the Developer City and Dubuque Initiatives and a proposed and the Employer; and Incentive Agreement between the City and WHEREAS, the economic development International Business Machines Corporation. grants to the Developer and the Employer Upon motion the documents were received shall be payable from, and only from, the tax and filed and Resolution No. 16-09 Fixing date increment revenues collected by the City in of hearing on a proposed Development respect of the Dubuque Building property and Agreement between the City of Dubuque and the improvements constructed thereon, under Dubuque Initiatives, and a proposed Incentive the terms and following satisfaction of the con- Agreement between the City and International ditions set forth in the Agreements; and Business Machines Corporation was adopted WHEREAS, Iowa Code Chapters 15A and setting a public hearing for a meeting to com- 403 (the "Urban Renewal Law") authorize ci- mence at 6:30 p.m. on January 26, 2009 in the ties to make grants for economic development Historic Federal Building. purposes in furtherance of the objectives of an urban renewal plan and project and to appro- RESOLUTION NO. 16-09 priate such funds and make such expenditures FIXING DATE OF HEARING ON A PRO- as may be necessary to carry out the purposes POSED DEVELOPMENT AGREEMENT BE- of said Chapter, and to levy taxes and as- TWEEN THE CITY OF DUBUQUE, IOWA sessments for such purposes; and AND DUBUQUE INITIATIVES, AND A PRO- WHEREAS, the Council has determined POSED INCENTIVE AGREEMENT BE- that the Agreements are in the best interests of TWEEN THE CITY AND INTERNATIONAL the City and the residents thereof and that the BUSINESS MACHINES CORPORATION performance by the City of its obligations there WHEREAS, the City Council has approved under are public undertakings and purposes and adopted an Amended and Restated Urban and in furtherance of the Urban Renewal Plan Renewal Plan (the "Urban Renewal Plan") for and the Urban Renewal Law and, further, that an area described therein as the Greater the Agreements and the City's performance Downtown Urban Renewal District (the "Urban there under are in furtherance of appropriate Renewal Area"); and economic development activities and objec- WHEREAS, it is desirable that properties tives of the City within the meaning of Chap- within the Urban Renewal Area be redeve- 14 Special Session, January 15, 2009 Book 139 ters 403 and 15A of the Iowa Code, taking into ceived and filed and Resolution No. 17-09 account the factors set forth therein; and Fixing date for a meeting on the proposition of WHEREAS, the Urban Renewal Law sets the issuance of not to exceed $25,000,000 forth the procedural action required to be taken General Obligation Bonds (for Urban Renewal before said tax increment payments can be Purposes) of Dubuque, Iowa, and providing for made under the Agreements, and pursuant to publication of notice thereof was adopted set- Section 403.9 of the Code of Iowa, the Clerk ting a public hearing for a meeting to com- shall publish notice of the proposal and of the mence at 6:30 p.m. on January 26, 2009 in the time and place of the meeting at which the Historic Federal Building. Council proposes to take action thereon and to RESOLUTION NO. 17-09 receive oral and/or written objections from any FIXING DATE FOR A MEETING ON THE resident or property owner of said City to such PROPOSITION OF THE ISSUANCE OF NOT action. TO EXCEED $25,000,000 GENERAL OBLI- NOW, THEREFORE, BE IT RESOLVED GATION BONDS (FOR URBAN RENEWAL BY THE CITY COUNCIL OF THE CITY OF PURPOSES) OF DUBUQUE, IOWA, AND DUBUQUE, IOWA: PROVIDING FOR PUBLICATION OF NO- Section 1. That the performance by the TICE THEREOF City of its obligations under the Agreements, including but not limited to the payment of the WHEREAS, it is deemed necessary and economic development grants to the Develop-advisable that the City of Dubuque, Iowa, er and the Employer under the terms set forth should be authorized to issue General Obliga- in the Agreements, be and are hereby de-tion Bonds to the amount of not to exceed clared to be public undertakings and purposes $25,000,000, as authorized by Sections and in furtherance of the Urban Renewal Plan 403.12 and 384.24(3)(q) of the Code of Iowa, and the Urban Renewal Law and, further, that for the purpose of providing funds to pay costs the Agreements and the City's performance of carrying out the urban renewal project as there under are in furtherance of appropriate hereinafter described; and economic development activities and objec-WHEREAS, before said Bonds may be is- tives of the City within the meaning of Chap-sued, it is necessary to comply with the provi- ters 403 and 15A of the Iowa Code, taking into sions of said Code, and to publish a notice of account the factors set forth therein. the proposal to issue such Bonds and of the Section 2. That this Council meet in the time and place of the meeting at which the Historic Federal Building, 350 West 6th Street, Council proposes to take action for the is- Dubuque, Iowa, at 6:30 o'clock P.M., on the suance of the Bonds and to receive oral and/or th 26 day of January, 2009, for the purpose of written objections from any resident or proper- taking action on the proposal to approve the ty owner of said City to such action, and the Agreements and the payment of the economic right to petition for an election. development grants to the Developer and the NOW, THEREFORE, BE IT RESOLVED Employer, under the terms set forth therein. BY THE CITY COUNCIL OF THE CITY OF Section 3. That the Clerk is hereby directed DUBUQUE, IOWA: to cause at least one publication to be made of Section 1. That this Council meet in the a notice of said meeting, in a legal newspaper, Historic Federal Building, 350 West 6th Street, printed wholly in the English language, pub-Dubuque, Iowa, at 6:30 o'clock P.M., on the th lished at least once weekly, and having gener-26 day of January, 2009, for the purpose of al circulation in said City, said publication to be taking action on the matter of the issuance of not less than four clear days nor more than not to exceed $25,000,000 General Obligation twenty days before the date of said public Bonds for urban renewal purposes of said City, meeting. the proceeds of which bonds will be used to Section 4. The notice of the proposed ac-provide funds to pay costs of aiding in the tion shall be in substantially the [provided] planning, undertaking and carrying out of ur- form. ban renewal project activities under the author- th Passed and approved this 15 day of Jan-ity of Chapter 403 of the Code of Iowa and the uary, 2009. Amended and Restated Urban Renewal Plan Roy D. Buol, Mayor for the Greater Downtown Urban Renewal Attest: Jeanne F. Schneider, CMC, City Clerk District, including those costs associated with the funding of any payments required under a Sale of General Obligation Bonds: City Guaranty Agreement between the City and Manager recommending that a public hearing Dubuque Bank & Trust Company, entered into be set for January 26, 2009 to consider the to secure a loan to Dubuque Initiatives for the issuance of not to exceed $25,000,000 Gener-purpose of acquiring, renovating, and improv- al Obligation Bonds (for Urban Renewal Pur-ing the Dubuque Building located at 700 Lo- poses). Upon motion the documents were re-cust Street, Dubuque, Iowa. Book 139 Regular Session, January 20, 2009 15 CITY OF DUBUQUE, IOWA Section 2. The Clerk is hereby directed to cause at least one publication to be made of a CITY COUNCIL notice of said meeting, in a legal newspaper, OFFICIAL printed wholly in the English language, pub- PROCEEDINGS lished at least once weekly, and having gener- al circulation in said City, said publication to be not less than ten clear days before the date of The Dubuque City Council met in regular said public meeting on the issuance of said session at 6:30 p.m. on January 20, 2009 in Bonds. the Historic Federal Building. Section 3. The notice of the proposed ac- tion to issue said Bonds shall be in substantial- Present: Mayor Pro-Tem Lynch, Council ly the [provided] form. Members Connors, Jones, Resnick, Voetberg, th Passed and approved this 15 day of Jan- City Manager Van Milligen, City Attorney Lin- uary, 2009. dahl Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Absent: Mayor Buol, Council Member Braig There being no further business, upon mo- Mayor Pro-Tem Lynch read the call and tion the City Council adjourned at 5:56 p.m. stated this is a regular session called for the purpose of discussing such matters which may /s/Jeanne F. Schneider, CMC properly come before the City Council. City Clerk Invocation was provided by Pastor Wayne Whittenbaugh, Apostolic Christian Church. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 5-0. Minutes and Reports Submitted: Airport Commission of 10/27; Arts and Cultural Affairs Advisory Commission of 10/28; Cable TV Te- leprogramming Commission of 12/2; City Council of 1/5 and 1/6; Zoning Advisory Com- mission of 1/7; Zoning Board of Adjustment of 12/18 Proofs of publication of City Council Pro- ceedings of December 15, 2008 and List of Claims and Summary of Revenues for Month Ending November 30, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Scott D. Hos for vehicle damage; Karen Lyness for personal injury; Jacob R. Bellings for vehicle damage; Joan M. Miller for personal injury; Judd Bill- meyer for vehicle damage; Paul Swartzel for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: William Latham for personal injury; EMC Insurance Companies, representing Karen Lyness, for personal injury; Noel Ploessl for vehicle damage; Jacob Bel- 16 Regular Session, January 20, 2009 Book 139 lings for vehicle damage; Judd Billmeyer for Alan J. Kutsch Nicholas A. Meyer Neil A. Scott Katherine A. Eldridge-Hutton vehicle damage; Jim David for property dam- Doug J. Schreiber Bruce K. Delehanty age; Joan Miller for personal injury Ronda L. Powers Nichole M. Lattner City Attorney recommending settlement of Susan A. Davis John J. Gartner the claim of Bonjour Estates for property dam- Linda K. Schueller Laura L. Riedl age. Nick A. Nadermann Kerry L. Rogers Upon motion the documents were re- Benjamin C. Lange John A. Tona ceived, filed, and concurred. Michael J. Noel Jonathan J. Nank Richard A. Bogosian City Development Board: Steven R. January 9, 2009 McCann, City Development Board Administra- Honorable Mayor and tor, submitting the Filing of Written Decision Members of the City Council and the Findings of Fact and Conclusions of In accordance with Chapter 400 of the Law and Determination in the matter of the Code of Iowa, an examination for the position City of Asbury Voluntary Annexation within the of Mechanic was given on December 2, 2008. Urbanized Area of the City of Dubuque, Iowa. We hereby certify that the individuals listed Upon motion the documents were received below have passed this written examination and filed. and the vacancy for this position should be made from this list and that this list is good for Iowa Department of Transportation: Com- two (2) years from above date. munication from the Iowa Department of Transportation advising that IDOT intends to MECHANIC renew the Corridor Preservation Zone along Randall J. Lester Daniel R. Richeson U.S. 20 from the Peosta interchange easterly Jason R. Pfohl Darren G. Steil to near the intersection with the Northwest Robert C. Moyer Steven T. Christ Arterial. Upon motion the document was re- David R. Nauman George W. Flanagan ceived and filed. Steven C. Schulz Jacob J. Roling Eric L. Curler Fred P. Schueller Civil Service Commission: Civil Service Joseph J. Vondran Nick K. Kies Commission submitting the certified lists for John A. Parello Bryant J. Gelinas the positions of Stock Clerk, Mechanic, and John R. Smith Loras C. Decker Parking System Technician. Upon motion the Ron D. Wagner Nick G. Keppler documents were received and filed and made Respectfully submitted, a Matter of Record. Otto Krueger, Chairperson Dan White Commissioner January 9, 2009 Civil Service Commission Honorable Mayor and Members of the City Council January 9, 2009 In accordance with Chapter 400 of the Honorable Mayor and Code of Iowa, an examination for the position Members of the City Council of Stock Clerk was given on December 19, In accordance with Chapter 400 of the 2008. We hereby certify that the individuals Code of Iowa, an examination for the position listed on the attached sheet have passed this of Parking System Technician was given on written examination and the vacancy for this December 9, 2008. We hereby certify that the position should be made from this list and that individuals listed below have passed this writ- this list is good for two (2) years from above ten examination and the vacancy for this posi- date. tion should be made from this list and that this Respectfully submitted, list is good for two (2) years from above date. Otto Krueger, Chairperson PARKING SYSTEM TECHNICIAN Dan White, Commissioner Daniel R. Atkins Civil Service Commission Philip T. Hildebrand Kevin D. Kratz STOCK CLERK Joseph J. Weiner Donald F. Hoppmann Stephen L. Herrin Jon A. Herrig Steven T. Lange Greg A. Griffin Gail M. McMahon Sarah J. Pfab Kelly J. Davis Earl T. Schumacher Thomas A. Voss Gerald C. Casey Lori A. Steffen Jacqueline M. LaShelle Rich L. Glover Dan L. Biermann Marissa R. Muehlenkamp Charles E. Thomas Todd F. Atkinson Kerry J. Bradley Respectfully submitted, Cheryl L. Pregler Teresa M. Behnke Otto Krueger, Chairperson Mark J. Nauman Nick J. Grawe Dan White, Commissioner Karen S. Pins Jay R. Tigges Frederick A. Brimeyer Aaron M. Cigrand Civil Service Commission Book 139 Regular Session, January 20, 2009 17 Crescent Heights Subdivision: City Man-ties, and boulevard street lighting were in- ager recommending acceptance of the public stalled by the developer of Arbor Estates Sub- improvements which the developer, McDer-division – Phase 3 in the City of Dubuque, mott Real Estate, LLC, has recently completed Iowa; and in Crescent Heights Subdivision. Upon motion Whereas, the improvements have been the documents were received and filed and completed and the City Manager has ex- Resolution No. 18-09 Accepting improvements amined the work and has filed a certificate in Crescent Heights Subdivision was adopted. stating that the same has been completed in accordance with the plans approved by the RESOLUTION NO. 18-09 City Council and in conformance with City ACCEPTING IMPROVEMENTS IN specifications, and has recommended that the CRESCENT HEIGHTS SUBDIVISION improvements be accepted by the City Coun- Whereas, pursuant to Resolution 566-00, cil. certain public improvements including street NOW THEREFORE, BE IT RESOLVED paving with curb, sanitary sewer main, water-BY THE CITY COUNCIL OF THE CITY OF main, storm sewers and catch basins, boule-DUBUQUE, IOWA: vard street lighting, and a stormwater deten-Section 1. That the recommendation of the tion facility were installed by the developer of City Manager be approved and that said public the Crescent Heights Subdivision; and improvements, except stormwater detention Whereas, the improvements have been facilities, in Arbor Estates Subdivision – Phase completed and the City Manager has ex-3 in the City of Dubuque, Iowa, be and the amined the work and has filed a certificate same are hereby accepted. stating that the same has been completed in Section 2. That maintenance of said im- accordance with the plans approved by the provements shall be the responsibility of Kivla- City Council and in conformance with City han Farms, LC, River City Paving, and specifications, and has recommended that the McDermott Excavating for a period of two (2) improvements be accepted by the City Coun-years from the date of this resolution. th cil. Passed, approved and adopted this 20 NOW THEREFORE, BE IT RESOLVED day of January, 2009. BY THE CITY COUNCIL OF THE CITY OF Kevin J. Lynch, Mayor Pro-Tem DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That the recommendation of the City Manager be approved and that said public Cedar Ridge Farm Place No. 4 – Stormwa- improvements in the Crescent Heights Subdi-ter Detention Improvements: City Manager vision be and the same are hereby accepted. recommending acceptance of the stormwater Section 2. That maintenance of said public detention improvements which the developer, improvements shall be the responsibility of the Nemmers Cedar Ridge Farm Limited Partner- contractor and owner for a period of two (2) ship, has recently completed in Cedar Ridge years from this date. Farm Place No. 4. Upon motion the docu- th Passed, approved and adopted this 20 ments were received and filed and Resolution day of January, 2009. No. 20-09 Accepting stormwater detention Kevin J. Lynch, Mayor Pro-Tem improvements in Cedar Ridge Farm Place No. Attest: Jeanne F. Schneider, CMC, City Clerk 4 was adopted. RESOLUTION NO. 20-09 Arbor Estates – Phase 3 Subdivision: City ACCEPTING STORMWATER DETENTION Manager recommending acceptance of the IMPROVEMENTS IN CEDAR RIDGE FARM public improvements which the developer, PLACE NO. 4 Kivlahan Farms, LC, has completed in Arbor Estates -- Phase 3 Subdivision in the City of Whereas, pursuant to Resolution 350-01, Dubuque, Iowa. Upon motion the documents certain public improvements including storm- were received and filed and Resolution No. 19-water detention facilities were installed by the 09 Accepting improvements in Arbor Estates – developer of the Cedar Ridge Farm Place No. Phase 3 Subdivision was adopted. 4; and Whereas, the stormwater detention im- RESOLUTION NO. 19-09 provements have been completed and the City ACCEPTING IMPROVEMENTS IN ARBOR Manager has examined the work and has filed ESTATES SUBDIVISION – PHASE 3 IN THE a certificate stating that the same has been CITY OF DUBUQUE, IOWA completed in accordance with the plans ap- Whereas, pursuant to Resolution No. 450-proved by the City Council and in conformance 05, certain public improvements including with City specifications, and has recommend- street paving with curb, sanitary sewer main, ed that the stormwater detention improve- sanitary lift station, watermain, storm sewer ments be accepted by the City Council. and catch basins, stormwater detention facili-NOW THEREFORE, BE IT RESOLVED 18 Regular Session, January 20, 2009 Book 139 BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the City of Dubuque hereby stormwater detention improvements in the endorses the application to the Iowa Depart- Cedar Ridge Farm Place No. 4 Subdivision be ment of Transportation for RISE Competitive and the same are hereby accepted. funding to provide roadway access to devel- Section 2. That maintenance of said public opment lots in the Dubuque Industrial Center improvements shall be the responsibility of the West (North Siegert). City of Dubuque with costs for said mainten-Section 2. That the City of Dubuque hereby ance, inspection, and administration being certifies that the roadway improvements will be assessed to the property owners of Cedar dedicated to public use and will remain so ded- Ridge Farm Place No. 4. icated to public use and that G.O. Bond funds th Passed, approved and adopted this 20 will be available to finance the City’s portion of day of January, 2009. project costs. Kevin J. Lynch, Mayor Pro-Tem Section 3. That the City of Dubuque hereby Attest: Jeanne F. Schneider, CMC, City Clerk assumes responsibility for and ongoing main- tenance of these roadway improvements and Revitalize Iowa’s Sound Economy (RISE) ensures that the roadway will be adequately Application: City Manager recommending ap-maintained in the future. proval of a resolution endorsing a RISE grant Section 4. That the City Manager is autho- application for construction of a new street rized to sign, on behalf of the City Council, the north from Chavenelle Drive to serve approx-application for RISE funding. th imately 75 acres of industrial property located Passed, approved and adopted this 20 on the former North Siegert Farm. Upon mo-day of January, 2009. tion the documents were received and filed Kevin J. Lynch, Mayor Pro-Tem and Resolution No. 21-09 Endorsing the sub-Attest: Jeanne F. Schneider, CMC, City Clerk mission of a Revitalize Iowa’s Sound Economy (RISE) application to the Iowa Department of Development Agreement – 40 Main, LLC: Transportation for the construction of a street City Manager recommending approval of a north from Chavenelle Road to access lots in Development Agreement between the City and the Dubuque Industrial Center North Siegert 40 Main, LLC, for the revitalization of property Area was adopted. located at 40 – 42 Main Street in downtown Dubuque. Upon motion the documents were RESOLUTION NO. 21-09 received and filed and Resolution No. 22-09 ENDORSING THE SUBMISSION OF A RE- Approving a Development Agreement for the VITALIZE IOWA'S SOUND ECONOMY redevelopment of 40 Main Street was adopted. (RISE) APPLICATION TO THE IOWA DE- PARTMENT OF TRANSPORTATION FOR RESOLUTION NO. 22-09 THE CONSTRUCTION OF A STREET APPROVING A DEVELOPMENT AGREE- NORTH FROM CHAVENELLE ROAD TO MENT FOR THE REDEVELOPMENT OF 40 ACCESS LOTS IN THE DUBUQUE INDUS-MAIN STREET. TRIAL CENTER NORTH SIEGERT AREA Whereas, the City of Dubuque, Iowa, has a Whereas, the City of Dubuque believes Memorandum of Understanding with Miller that economic development opportunities re-Development Group outlining an incentive quire developable industrial land with ade-package for the rehabilitation of 40 Main quate public infrastructure in order to retain Street; and and attract new job creating businesses and Whereas, the City of Dubuque, Iowa, is in- industries to this community; and terested in stimulating reinvestment in the Whereas, the City of Dubuque is develop-Greater Downtown Urban Renewal District; ing over 100 acres of additional industrial land and located in the Dubuque Industrial Center West Whereas, the City of Dubuque, Iowa is en- (North Siegert); and couraging the use of financial incentives to Whereas, certain lots within the develop-help finance code compliance activities and to ment must be accessed by a street extending spur redevelopment; and north from Chavenelle Road; and Whereas, 40 Main, LLC meets these re- Whereas, the Iowa Department of Trans-quirements; and portation, through its Revitalize Iowa's Sound Whereas, it is the determination of this Economy (RISE) Competitive Project Funding, Council that approval of the Development has monies available for the development of Agreement for the rehabilitation of the Property public roadways to support economic devel-by 40 Main, LLC, according to the terms and opment opportunities. conditions set out in the Development Agree- Book 139 Regular Session, January 20, 2009 19 ment is in the public interest of the City of Du-Section 2. The City Clerk is hereby autho- buque. rized and directed to record this Resolution NOW, THEREFORE, BE IT RESOLVED and the Warranty Deed with the Dubuque BY THE CITY COUNCIL OF THE CITY OF County Recorder. th DUBUQUE, IOWA: Passed, approved and adopted this 20 Section 1. That the Development Agree-day of January, 2009. ment with 40 Main, LLC, is hereby accepted Kevin J. Lynch, Mayor Pro-Tem and approved. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Mayor is hereby autho- rized to execute, on behalf of the City Council Plat of Survey – Old Davenport Road: Zon- of the City of Dubuque, Iowa, the attached ing Advisory Commission recommending ap- Development Agreement with 40 Main, LLC. proval of the Plat of Survey on Old Davenport Section 3. That the City Manager is hereby Road as requested by David Chapin. Upon authorized to execute, on behalf of the City motion the documents were received and filed Council of the City of Dubuque, Iowa, all ne-and Resolution No. 24-09 Approving the plat of cessary loan documents and is further autho-survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of rized to disburse loan funds from the Down-the southeast quarter of the southeast quarter town Rehabilitation Loan/Grant Program, in of Section 24, Township 88 North, Range 2 accordance with the terms and conditions of east of the Fifth P.M. in Table Mound Town- the executed agreement. ship in Dubuque County, Iowa, was adopted. th Passed, approved and adopted this 20 RESOLUTION NO. 24-09 day of January, 2009. APPROVING THE FINAL PLAT OF SURVEY Kevin J. Lynch, Mayor Pro-Tem LOT 1 OF LOT 2 AND LOT 2 OF LOT 2 OF Attest: Jeanne F. Schneider, CMC, City Clerk THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, Enterprise Zone Commission Appoint- TOWNSHIP 88 NORTH, RANGE 2 EAST OF ments: City Manager recommending approval THE FIFTH P.M. IN TABLE MOUND TOWN- of the three at-large appointments of Dan Lo- SHIP IN DUBUQUE COUNTY, IOWA. Bianco, Doug Stillings and Doug Buswell to the City’s Enterprise Zone Commission. Upon Whereas, there has been filed with the City motion the documents were received, filed, Clerk the Plat of Survey Lot 1 of Lot 2 and Lot and approved. 2 of Lot 2 of the SE ¼ of the SE ¼ of Section th 24, T88N, R2E of the 5 P.M. in Table Mound Purchase of Property – 6950 Pennsylvania Township in Dubuque County; and Avenue: City Manager recommending accep-Whereas, said plat provides 0 feet of fron- tance of the warranty deed to certain real es-tage for Lot 1 of 2 and Lot 2 of 2 where 50 feet tate located at 6950 Pennsylvania Avenue is required, and Lot 2 of 2 has 3,750 square from Lloyd and Jane Steffen. Upon motion the feet of lot area, where 5,000 square feet of lot documents were received and filed and Reso-area is required by Section 42-19(b) of the lution No. 23-09 Accepting the deed to certain Subdivision Regulations; and real estate in Dubuque County, Iowa, from Whereas, said plat has been examined by Lloyd and Jane Steffen was adopted. the Zoning Advisory Commission and had its approval endorsed thereon; and RESOLUTION NO. 23-09 Whereas, said plat has been examined by ACCEPTING THE DEED TO CERTAIN REAL the City Council and they find that it conforms ESTATE IN DUBUQUE COUNTY, IOWA to the statutes and ordinances relating thereto. FROM LLOYD AND JANE STEFFEN NOW THEREFORE, BE IT RESOLVED WHEREAS, the City of Dubuque entered BY THE CITY COUNCIL OF THE CITY OF into an Agreement with Lloyd and Jane Steffen DUBUQUE, IOWA: for the purchase of the following described real Section 1. That the City Council hereby property in Dubuque County, Iowa: Lot 2 of Lot waives Article IV, Design and Improvement 1 of the North West ¼ of the North East ¼, Standards of the Subdivision Regulations, Section 30, Township 89 North, Range 2 East except for Section 42-19, Blocks and Lots. th of the 5 P.M., in the City of Dubuque, Iowa, Section 2. That Section 42-19(b) of the according to the recorded plat thereof; and Subdivision Regulations is waived to allow Lot WHEREAS, the terms of the Agreement 1 of 2 and Lot 2 of 2 to have 0 feet of frontage, have now been met. where 50 feet is required, and Lot 2 of 2 to NOW, THEREFORE, BE IT RESOLVED have 3,750 square feet of lot area where 5,000 BY THE CITY COUNCIL OF THE CITY OF square feet of lot area is required. DUBUQUE, IOWA, AS FOLLOWS: Section 3. That the Plat of Survey Lot 1 of Section 1. The City of Dubuque hereby ac-Lot 2 and Lot 2 of Lot 2 of the SE ¼ of the SE th cepts the Warranty Deed from Lloyd and Jane ¼ of Section 24, T88N, R2E of the 5 P.M. in Steffen attached hereto. Table Mound Township, Dubuque County, is 20 Regular Session, January 20, 2009 Book 139 hereby approved and the Mayor and City Clerk commending acceptance and approval of Ac- are hereby authorized and directed to endorse knowledgement/Settlement Agreements for the approval of the City of Dubuque, Iowa, selling tobacco to underage persons by Oky upon said final plat. Doky (2010 Kerper Boulevard), Road Ranger th Passed, approved and adopted this 20 and Hy-Vee #3. Upon motion the documents day of January, 2009. were received, filed, and approved. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager Dubuque Water Trail Grant Application: recommending approval of the submission of City Manager recommending approval of an delinquent water, sewer, refuse and stormwa- Iowa Water Trails grant application for the Du-ter collection accounts to the Dubuque County buque Water Trail, which will stretch from Lock Treasurer. Upon motion the documents were and Dam No. 11 south to Massey Marina Park received and filed and Resolution No. 26-09 along the Mississippi River. Upon motion the Adopting the Schedule of Assessments for documents were received and filed and Reso-delinquent water, refuse, sewer and stormwa- lution No. 25-09 Approving the submittal of an ter collection accounts and specifying the application for Iowa Water Trail Funding to the number of annual installments into which as- Iowa Department of Natural Resources for the sessments are divided, the interest on all un- Dubuque Water Trail was adopted. paid installments, the time when the assess- ments are payable and directing the Clerk to RESOLUTION NO. 25-09 certify the schedule of assessments to the APPROVING THE SUBMITTAL OF AN AP- County Treasurer and to publish notice thereof PLICATION FOR IOWA WATER TRAIL was adopted. FUNDING TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE DUBU-RESOLUTION NO. 26-09 QUE WATER TRAIL ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR DELINQUENT WATER, SEW- Whereas, the Iowa Department of Natural ER, REFUSE AND STORMWATER AC- Resources has announced the availability of COUNTS AND DIRECTING THE CITY Iowa Water Trail funding; and CLERK TO CERTIFY THE SCHEDULE OF Whereas, the City has adopted a Compre- ASSESSMENTS TO THE COUNTY TREA- hensive Plan that includes a Recreation Goal SURER AND TO PUBLISH NOTICE THE- to optimize the recreational amenities offered REOF by the City's riverfront. NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. The Planning Services Manager That after full consideration of the Sche- is authorized to submit this application to the dule of Assessments attached hereto for de- Iowa Department of Natural Resources for linquent water, sewer, refuse, and stormwater Iowa Water Trail funding for the Dubuque Wa-accounts which Schedule of Assessments was ter Trail. filed in the office of the City Clerk on the 12th Section 2. That in the event said applica-day of January, 2009, the said Schedule of tion is approved, the City Council agrees to Assessments be and the same is hereby ap- abide by all local, state and federal require-proved and adopted. ments applicable to the proposed budget. That there be, and is herby assessed and th Passed, approved and adopted this 20 levied as a lien upon the real property, the day of January, 2009. respective sums indicated. Kevin J. Lynch, Mayor Pro-Tem That the City Clerk be and is hereby di- Attest: Jeanne F. Schneider, CMC, City Clerk rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to Alcohol Compliance – Civil Penalties for publish notice of said certification once each Alcohol License Holders: City Manager re-week for two consecutive weeks in the manner commending approval of the Acknowledge-provided in Iowa Code § 362.3, the first publi- ment/Settlement Agreements for selling alco-cation of which shall be not more than fifteen hol to an underage person by Bricktown Bre-days from the date of filing of the final sche- wery, Las Margaritas, and Shannon’s Bar and dule. On or before the date of the second pub- Grill. Upon motion the documents were re-lication of the notice, the City Clerk shall also ceived, filed, and approved. mail a copy of said notice to property owners whose property is subject to assessment, as Tobacco Compliance – Civil Penalties for provided and directed in Iowa Code § 384.60. Tobacco Permit Holders: City Manager re-The assessments may be paid in full or in Book 139 Regular Session, January 20, 2009 21 RESOLUTION NO. 27-09 part without interest at the Utility Billing Office, th ESTABLISHING THE FAIR MARKET VALUE City Hall, 50 W. 13 Street, Dubuque, Iowa, at OF REAL PROPERTY AT 10719 MERLIN any time within 30 days after the date of the LANE, DUBUQUE, IOWA, OWNED BY RO- first publication of the notice of the filing of the NALD BRADLEY, JEFFREY BRADLEY, AND Schedule of Assessments with the County BRIAN BRADLEY Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, WHEREAS, Ronald Bradley, Jeffrey Brad- Dubuque County Courthouse, 720 Central ley, and Brian Bradley (Owners) are the own- Avenue, Dubuque, Iowa, and charges shall be ers of the real property at 10719 Merlin Lane collected in the same manner as general legally described as follows (the Property): Lot property taxes against the respective parcels 2 of the SE ¼ of the NW ¼; and the SW ¼ of of the property set opposite the name of the the NW ¼, except ½ acre in the SW Corner property owner. thereof deeded to Independent School District Passed, approved and adopted this 20th of Table Mound Township; Lot 2 of Lot 2 of the day of January, 2009. NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Kevin J. Lynch, Mayor Pro-Tem Lot 1 of the NE ¼ of the NW ¼; all in Section th Attest: Jeanne F. Schneider, CMC, City Clerk 35,Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to Comprehensive Annual Financial Report the United States Government Survey and the (CAFR): City Manager transmitting the Fiscal recorded plats thereof, less right of way con- Year 2008 Comprehensive Annual Financial veyed to the State of Iowa and/or the State Report (CAFR), Parking Facilities Financial Highway Commission for road purposes, and Statements, Management Letter and City that part sold to the City of Dubuque, Iowa, for Responses to the Management Letter. Upon airport purposes; and together with and sub- motion the documents were received and filed. ject to all rights and easements of record, from November 13, 1996, title to which rests in Ro- University of Dubuque Usage Agreement: nald Bradley, Jeffrey Bradley and Brian Brad- City Manager recommending approval of a ley, each owning an undivided 1/3 interest, Usage Agreement with the University of Dubu-and doing business as Bradley Farms; and que for the 2009 Alumni Basketball Tourna-WHEREAS, the City of Dubuque (City) in- ment. Upon motion the documents were re-tends to acquire the Property for the Dubuque ceived, filed, and approved. Regional Airport Terminal Relocation Project; and Julien Dubuque Monument: Historic Pre-WHEREAS, Iowa law requires that City servation Commission recommending approv-must make a good faith effort to negotiate with al of a request from the Friends of the Mines of Owners to purchase the Property before pro- Spain for Historic District Public Improvement ceeding with condemnation; and Program (HDPIP) funds for an improvement WHEREAS, City may not make an offer to project at the Julien Dubuque Monument, with purchase the Property which is less than the conditions. Upon motion the documents were fair market value City has established for the received, filed, and approved. Property; and WHEREAS, City has caused an appraisal Alliant Energy – Letter of Agreement: City of the Property to be made and the appraised Manager recommending approval of a Letter value of the Property is $809,000.00; and of Agreement with Alliant Energy concerning WHEREAS, the City Council now desires to placement of outdoor cameras on Alliant establish the fair market value of the Property. Energy utility poles. Upon motion the docu-NOW, THEREFORE, BE IT RESOLVED ments were received, filed, and approved. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Dubuque Regional Airport Terminal Relo-Section 1. The fair market value of the cation Project: City Manager recommending Property is hereby established to be approval of a revised legal description for $809,000.00. property located at 10719 Merlin Lane with the Section 2. The Dubuque Regional Airport fair market value remaining at the figure set Manager and the City Attorney are hereby forth previously. Upon motion the documents authorized to commence negotiations with were received and filed and Resolution No. 27-Owners of the Property and any other interest- 09 Establishing the Fair Market Value of Real ed parties for the purchase of the Property for Property at 10719 Merlin Lane, Dubuque, a purchase price which is not less than the fair Iowa, owned by Ronald Bradley, Jeffrey Brad-market value established by this Resolution. th ley, and Brian Bradley was adopted. Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 22 Regular Session, January 20, 2009 Book 139 Dress Insurance Claim: City Manager re-approved; and commending settlement of the claim of Leo-Whereas, the premises to be occupied by nard Dress for vehicle damage. Upon motion such applicants were inspected and found to the documents were received, filed, and ap-comply with the State Laws and all City Ordin- proved. ances relevant thereto and they have filed proper bonds. Dubuque Humane Society – Purchase of NOW, THEREFORE, BE IT RESOLVED Service Agreement: City Manager recom-BY THE CITY COUNCIL OF THE CITY OF mending approval of a new five-year Purchase DUBUQUE, IOWA: of Service Agreement between the City of Du-That the City Manager be authorized to buque and the Dubuque Regional Humane cause to be issued the following named appli- Society. Upon motion the documents were cants a Liquor License. received, filed, and approved. CLASS “C” BEER/LIQUOR LICENSE Taiko Restaurant, Inc., Taiko Japanese Business License Refund: Request of Su-Restaurant +(Sunday Sales), 2155 Southpark san Harle-Heim, Hudson’s Classic Grill, for a Court refund of License No. LC0053803 in the CLASS “B” WINE amount of $211.25. Upon motion the docu-Hartig Drug Company, Inc., Hartig Drug #4, ment was received, filed, and the refund ap-2225 Central Avenue proved. Passed, approved and adopted this 20th day of January, 2009. Liquor License Applications: City Manager Kevin J. Lynch, Mayor Pro-Tem recommending approval of annual liquor li-Attest: Jeanne F. Schneider, CMC, City Clerk cense renewals as submitted. Upon motion the ITEM TO BE SET FOR PUBLIC HEARING documents were received and filed and Reso- lution No. 28-09 Granting the issuance of a Class “C” Beer Permit to Awn Stop Mart and Motion by Jones to receive and file the Hartig Drug #4, and Resolution No. 29-09 documents, adopt the resolution, set the public Granting the issuance of a Class “C” hearing as indicated, and direct the City Clerk Beer/Liquor License to Taiko Japanese Res-to publish notice as prescribed by law. taurant, and a Class “B” Wine Permit to Hartig Seconded by Voetberg. Motion carried 5-0. Drug #4 were adopted. Floodwall Levee Slope Stabilization RESOLUTION NO. 28-09 Project: City Manager recommending initiation Whereas, applications for Beer Permits of the public bidding process for the Floodwall have been submitted and filed to this Council Levee Slope Stabilization Project and that a for approval and the same have been ex-public hearing be set for February 2, 2009 to amined and approved: and consider approval of the plans and specifica- Whereas, the premises to be occupied by tions, form of contract and estimated cost. such applicants were inspected and found to Upon motion the documents were received comply with the Ordinances of the City and and filed and Resolution No. 30-09 Preliminary have filed proper bonds. approval of plans, specifications, form of con- NOW, THEREFORE, BE IT RESOLVED tract, and estimated cost, setting date of public BY THE CITY COUNCIL OF THE CITY OF hearing and ordering bids for the Floodwall DUBUQUE, IOWA: Levee Slope Stabilization Project was adopted That the City Manager be authorized to setting a public hearing for a meeting to com- cause to be issued the following named appli-mence at 6:30 p.m. on February 2, 2009 in the cants a Beer Permit. Historic Federal Building. CLASS “C” BEER PERMIT RESOLUTION NO. 30-09 Awn Stop Mart, Inc., Awn Stop Mart FLOODWALL LEVEE SLOPE +(Sunday Sale), 1998 Jackson Street STABILIZATION PROJECT Hartig Drug Company, Hartig Drug #4 PRELIMINARY APPROVAL OF PLANS, +(Sunday Sale), 2225 Central Avenue th SPECIFICATIONS, FORM OF CONTRACT, Passed, approved and adopted this 20 AND ESTIMATED COST; SETTING DATE day of January 2009. OF PUBLIC HEARING ON PLANS, SPECI- Kevin J. Lynch, Mayor Pro-Tem FICATIONS, FORM OF CONTRACT, AND Attest: Jeanne F. Schneider, CMC, City Clerk ESTIMATED COST; AND ORDERING THE RESOLUTION NO. 29-09 ADVERTISEMENT FOR BIDS Whereas, applications for Liquor Licenses NOW THEREFORE, BE IT RESOLVED have been submitted to this Council for ap-BY THE CITY COUNCIL OF THE CITY OF proval and the same have been examined and DUBUQUE, IOWA: Book 139 Regular Session, January 20, 2009 23 PUBLIC HEARINGS The proposed plans, specifications, form of contract and estimated cost for the Floodwall Levee Slope Stabilization Project, in the esti-Upon motion the rules were suspended to mated amount of $313,738.00, are hereby allow anyone present to address the City preliminarily approved and ordered filed in the Council. office of the City Clerk for public inspection. nd A public hearing will be held on the 2 day Dubuque Industrial Center Planned Unit of February, 2009, at 6:30 p.m. in the Historic Development District (Tabled on November Federal Building Council Chambers at which 17, 2008): City Manager requesting that this time interested persons may appear and be item be re-tabled until the April 6, 2009 City heard for or against the proposed plans and Council meeting. specifications, form of contract and estimated Proof of publication on notice of hearing to cost of said Project, and the City Clerk be and consider a request from the City of Dubuque/ is hereby directed to cause the attached notice Dubuque Initiatives to amend the Planned Unit of the time and place of such hearing to be Development (PUD) for the Dubuque Industrial published in a newspaper having general cir-Center, located on Chavenelle Road and the culation in the City of Dubuque, Iowa, which Northwest Arterial, to change the designation notice shall be published not less than four of property from open space to commercial days nor more than twenty days prior to the and Zoning Advisory Commission recommend- date of such hearing. At the hearing, any inter-ing approval, with conditions. ested person may appear and file objections to Motion by Voetberg to remove from table. the proposed plans, specifications, form of Seconded by Connors. Motion carried 5-0. contract, or estimated cost of the Project. Motion by Voetberg to table a proposed The Floodwall Levee Slope Stabilization ordinance amending Appendix A (the Zoning Project is hereby ordered to be advertised for Ordinance) of the City of Dubuque Code of bids for construction. Ordinances by adopting a revised Planned The amount of the security to accompany Unit Development Ordinance for the Dubuque each bid shall be in an amount which shall Industrial Center Phases I and II located at the conform to the provisions of the Notice to Bid-southwest corner of Highway 32 (Northwest ders hereby approved. Arterial) and Chavenelle Road and by repeal- The City Clerk is hereby directed to adver-ing Ordinance 22-07 until April 6, 2009. tise for bids for the construction of the im-Seconded by Connors. Motion carried 5-0. provements herein provided, by publishing the attached Notice to Bidders to be published in a 15264 Middle Road – Request to Rezone: newspaper having general circulation in the Proof of publication on notice of public hearing City of Dubuque, Iowa, which notice shall be to consider a request from Thomas and Karen published not less than four but not more than Gerhard to rezone property located at 15264 forty-five days before the date for filing bids Middle Road from County R-2 Single-Family before 2:00 p.m. on the 3rd day of February, Residential District to City CS Commercial Servic- 2009. Bids shall be opened and read by the es and Wholesale District and Zoning Advisory City Clerk at said time and will be submitted to Commission recommending approval. the City Council for final action at 6:30 p.m. on Motion by Connors to consider the first th the 16 day of February, 2009, in the Historic reading of a proposed ordinance amending Federal Building Council Chambers (second Appendix A (the Zoning Ordinance) of the City th floor), 350 West 6 Street, Dubuque, Iowa. of Dubuque Code of Ordinances by reclassify- th Passed, adopted and approved this 20 ing hereinafter described property located at day of January, 2009. 15264 Middle Road from Dubuque County R-2 Kevin J. Lynch, Mayor Pro-Tem Single-Family Residential District to City CS Attest: Jeanne F. Schneider, CMC, City Clerk Commercial Services and Wholesale District. Seconded by Voetberg. Planning Services BOARDS/COMMISSIONS Manager Laura Carstens provided a staff re- port. Motion carried 5-0. Applicants were invited to address the City nd Council regarding their desire to serve on the 607 East 22 Street – Request to Rezone: following Boards/Commissions: Community Proof of publication on notice of public hearing Development Advisory Commission: Two 3-to consider a request from Paul Wheelock to nd year terms through February 15, 2012, rezone property located at 607 East 22 Low/Moderate Income Area and At-Large re-Street from C-1c Neighborhood Commercial quirements (Terms of Wainwright and Stubben). District, with conditions, to C-1 Neighborhood Applicants: Hilary Stubben, 2433 Broadway Street Commercial District and Zoning Advisory (Low/Moderate Income Area); Thomas Wain-Commission recommending approval, with wright, 1788 Lori Street (At-Large). Mr. Wainwright conditions. spoke in support of his re-appointment. 24 Regular Session, January 20, 2009 Book 139 ACTION ITEMS Motion by Connors to consider the first reading of a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City Greater Dubuque Development Corpora- of Dubuque Code of Ordinances by reclassify-tion: Rick Dickinson, Executive Director of the ing hereinafter described property located at Greater Dubuque Development Corporation, nd 607 – 609 East 22 Street from C-1 Neigh-300 Main Street, provided a verbal report on borhood Commercial District, with conditions, the activities of GDDC. Motion by Jones to to C-1 Neighborhood Commercial District, with receive and file and express the City Council’s conditions. Seconded by Voetberg. Paul gratitude. Seconded by Connors. Motion car- Wheelock, 3500 Dodge Street, #126, spoke in ried 5-0. favor of the rezoning. Motion carried 5-0. Final Plat – English Ridge Subdivision: 777 Edwards Road – Amendment to Zoning Advisory Commission recommending Planned Unit Development District: Proof of approval of the final plat of English Ridge Sub- publication on notice of public hearing to con-division as requested by English Ridge LLC. sider a request from Doug Edwards / Edwards Motion by Jones to receive and file the docu- Family Realty, LLC to expand the existing ments and adopt Resolution No. 31-09 Ap- Planned Unit Development District by rezoning proving Final Plat of English Ridge Subdivision property from R-1 Single-Family Residential in the City of Dubuque, Iowa. Seconded by District to PI Planned Industrial District and Voetberg. Motion carried 5-0. Zoning Advisory Commission recommending RESOLUTION NO. 31-09 approval. AUTHORIZING APPROVING FINAL PLAT Motion by Connors to consider the first OF ENGLISH RIDGE SUBDIVISION IN THE reading of a proposed ordinance amending CITY OF DUBUQUE, IOWA Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify-Whereas, there has been filed with the City ing hereinafter described property located at Clerk a final plat of English Ridge Subdivision 777 Edwards Road from R-1 Single Family in the City of Dubuque, Iowa; and Residential District to PUD Planned Unit De-Whereas, upon said final plat appears velopment District with a PI Planned Industrial streets to be known as Chesterfield Drive (Lots District designation and adopting a revised B & C), Stone Valley Drive (Lot D), Kingsley Conceptual Development Plan for Edwards Lane (Lot E), Kingsley Court (Lot F), Welling- Cast Stone. Seconded by Voetberg. Doug ton Lane (Lot G), Wellington Lane (Lot H) and Edwards, 777 Edwards Road, spoke in favor Shrewsbury Lane (Lot I), together with certain of the rezoning. Motion carried 5-0. public utility, storm sewer, sanitary sewer and water main easements, storm water detention Oak Grove Sanitary Sewer and Water facility (Lot A) and park land (Lot K) which the Main Extension Project: Proof of publication on owner by said final plat has dedicated to the notice of hearing to consider the plans and public forever; and specifications, form of contract and estimated Whereas, the preliminary plat has been cost for the Oak Grove Sanitary Sewer and examined by the Zoning Advisory Commission Water Main Extension Project and City Man-and had its approval endorsed thereon; and ager recommending approval. Whereas, said final plat has been reviewed There being no public comments, Connors by the City Planner and had her approval en- moved to close the Public Hearing. Seconded dorsed thereon; subject to the owner’s agree- by Voetberg. Motion carried 5-0. ing to the conditions noted in Section 3 below; Motion by Voetberg to table to February 2, and 2009 a proposed resolution approving plans, Whereas, said final plat has been ex- specifications, form of contract, and estimated amined by the City Council and they find that it cost for the Oak Grove Sanitary Sewer and conforms to the statutes and ordinances relat- Water Main Extension Project; a proposed ing to it, except that streets and public utilities resolution with respect to the adoption of the have not yet been completely constructed or Resolution of Necessity proposed for the Oak installed. Grove Sanitary Sewer and Water Main Exten-NOW THEREFORE, BE IT RESOLVED sion Project; and a proposed resolution ap-BY THE CITY COUNCIL OF THE CITY OF provingschedule of assessments and estimate DUBUQUE, IOWA: of total cost for the Oak Grove Sanitary Sewer Section 1. That the dedication of Chester- and Water Main Extension Project, Seconded field Drive (Lots B & C), Stone Valley Drive by Jones. Motion carried 5-0. (Lot D), Kingsley Lane (Lot E), Kingsley Court Upon motion the rules were reinstated li-(Lot F), Wellington Lane (Lot G), Wellington miting discussion to the City Council. Lane (Lot H) and Shrewsbury Lane (Lot I) to- gether with the park land (Lot K) and the Book 139 Regular Session, January 20, 2009 25 easements for public utilities, sanitary sewer, And, further provided that said English storm sewer and water mains, as they appear Ridge, L.L.C., as owners of said property, shall on said final plat, be and the same are hereby secure the performance of the foregoing condi- accepted; and tions provided in this Section by providing Section 2. That the Final Plat of Eng-guarantees in such form and with such sure- lish Ridge Subdivision is hereby approved by ties as may be acceptable to the City Manager the Mayor and City Clerk are hereby autho-of the City of Dubuque, Iowa. rized and directed to endorse the approval of Section 3. Sidewalk installation shall be the the City of Dubuque, Iowa, upon said final plat, responsibility of the owner abutting the public provided the owners of said property herein rights-of-way, including lots with multiple fron- named, execute their written acceptance here-tages, as required by City Code 41-100 and to attached agreeing: 42-24. (a) To reduce Stone Valley Drive (Lot D), Section 4. The owner must continue to own Kingsley Lane (Lot E), Kingsley Court and maintain Lot A and stormwater detention (Lot F), Wellington Lane (Lot G), Wel-facility until (1) the facility has been fully com- lington Lane (Lot H) and Shrewsbury pleted, (2) 80% of the platted lots have been Lane (Lot I) to grade and to construct fully developed, and (3) adequate erosion con- concrete curb and gutter and to hard trol measures, as approved by the City have surface with asphaltic concrete, or been installed on the remaining 20% of the with concrete paving with integral lots. Acceptance of Lot A and the facility must curb, all in accordance with the City be by the City Council as required by the Sub- of Dubuque standard specifications, division Ordinance. Upon the City’s accep- all in a manner acceptable to the City tance of the detention facility, the inspection, Engineer, in conformance with con-administrative and maintenance expenses struction improvement plans ap-incurred by the City of Dubuque for the storm proved by the City Engineer, and in-water detention facility (Lot A) shall be as- spected by the City Engineer. sessed against the lot owners of all additions (b) To install sanitary sewer mains and in English Ridge Subdivision as indicated in sewer service laterals into each indi-the preliminary plat, in proportion to the vidual lot, water mains and water ser-acreage of each lot, and the City Manager vice laterals into each individual lot, shall certify such costs to the City Clerk, who storm sewers and catch basins, bou-in turn shall promptly certify such costs to the levard street lighting and erosion con-Dubuque County Treasurer, and such costs trol devices all in accordance with the shall then be collected with and in the same City of Dubuque standard specifica-manner as general property taxes in accor- tions, all in a manner acceptable to dance with provisions of law. the City Engineer, and in accordance Section 5. That the final acceptance of the with construction improvement plans public improvements shall occur upon certifica- approved by the City Engineer, and tion of the City Engineer to the City Council inspected by the City Engineer. that the public improvements have been com- (c) To construct a storm water detention pleted in accordance with the approved im- facility (Lot A) in a manner acceptable provement plans and City standards and spe- to the City Engineer, in accordance cifications and accepted by City Council Reso- with the City of Dubuque standard lution. specifications approved by the City Section 6. That in the event English Ridge, Engineer, and inspected by the City L.L.C., fails to execute the acceptance and Engineer. furnish the guarantees provided in Sections 2 (d) To construct sidewalk along Stone and 3 hereof within 180 days after the date of Valley Drive frontage of Lot A and Lot this Resolution, the provisions hereof shall be K in accordance with City of Dubuque null and void and the acceptance of the dedi- Standards and specifications. cation and approval the plat shall not be effec- (e) To construct said improvements, prior tive. th to the two (2) years from the date of Passed, approved and adopted this 20 acceptance of this resolution, at the day of January 2009. sole expense of the owners, or future Kevin J. Lynch, Mayor Pro-Tem owner. Attest: Jeanne F. Schneider, CMC, Assistant (f) To maintain the public improvements, City Clerk for a period of two (2) years from the date of the acceptance of those im- provements by the City Council of the City of Dubuque, Iowa, at the sole fi- nal expense of the owners, or future owner; 26 Regular Session, January 20, 2009 Book 139 ACCEPTANCE OF RESOLUTION NO. 31-09 There being no further business, upon mo- I, the undersigned, Larry McDermott, tion the City Council adjourned at 7:25 p.m. representing English Ridge, L.L.C., having read the terms and conditions of the Resolu-/s/Jeanne F. Schneider, CMC tion No. 31-09 and being familiar with the con-City Clerk ditions thereof, thereby accept this same and agree to the conditions required there in. rd Dated in Dubuque, Iowa, this 23 day of January, 2009 By Larry E. McDermott, English Ridge, L.L.C. Millworking Warehouse District Agreement: City Manager recommending approval of an Agreement with Dubuque Main Street for the hiring of a Resource Development Director for the Millworking Warehouse District. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 4-0 with Connors abstaining. Youthbuild Contract: City Manager recom- mending approval of the submission of a Fed- eral Youthbuild grant application. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 5-0. Valet Parking: City Manager recommend- ing approval of changes to the special events permit ordinance in response to a request to offer valet parking in the downtown business district. Motion by Connors to consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking in the downtown business district by requiring businesses to obtain a special events permit and provide a plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines. Seconded by Jones. Motion carried 5-0. COUNCIL MEMBER REPORTS Voetberg reported on phone calls he has received from citizens opposing the alternate- side snow route parking restrictions and asked that staff look at parking uphill and safety is- sues related to side streets. Jones welcomed and thanked the Boy Scouts from Troops 69 and 48, who were in attendance. He then thanked Dubuque Initia- tives for their efforts related to IBM’s recent decision to come to Dubuque as well as former Mayor Terry Duggan, former Council Members Ann Michalski, John Markham, Dan Nicholson, and Pat Cline for their forethought. Book 139 Special Session, January 26, 2009 27 CITY OF DUBUQUE, IOWA proposed issuance of Bonds; and, accordingly the following action is now considered to be in CITY COUNCIL the best interests of the City and residents OFFICIAL thereof: PROCEEDINGS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Dubuque City Council met in special Section 1. That this Council does hereby session at 6:30 p.m. on January 26, 2009 in institute proceedings and takes additional ac- the Historic Federal Building. tion for the sale and issuance in the manner required by law of not to exceed $25,000,000 Present: Mayor Buol, Council Members General Obligation Bonds for the foregoing Braig, Connors, Jones, Lynch, Voetberg, City essential corporate purpose. Manager Van Milligen, City Attorney Lindahl Section 2. That the Finance Officer, when Absent: Council Member Resnick so directed by the City Manager, be and is authorized and directed to proceed on behalf Mayor Buol read the call and stated this is of the City to select a date for the sale of all or a special session of the City Council called for a portion of said Bonds, to cause to be pre- the purpose of discussing such matters which pared such notice and sale information as may may properly come before the City Council. appear appropriate, to publish and distribute the same on behalf of the City and this Council PUBLIC HEARINGS and otherwise to take all action necessary to permit the sale of said Bonds on a basis favor- Issuance of General Obligation Bonds: able to the City and acceptable to the Council. Proof of publication on notice of public hearing th Passed and approved this 26 day of Jan- to consider the issuance of not to exceed uary, 2009. $25,000,000 General Obligation Bonds (for Roy D. Buol, Mayor Urban Renewal Purposes) and City Manager Attest, Jeanne F. Schneider, CMC, City Clerk recommending approval. Motion by Lynch to receive and file the documents and adopt International Business Machines Corpora- Resolution No. 32-09 Instituting proceedings to tion: Proof of publication on notice of public take additional action for the issuance of not to hearing to consider a Development Agreement exceed $25,000,000 General Obligation between the City and Dubuque Initiatives and Bonds. Seconded by Jones. Motion carried 6-0. a proposed Incentive Agreement between the City and International Business Machines Cor- RESOLUTION NO. 32-09 poration and City Manager recommending INSTITUTING PROCEEDINGS TO TAKE approval. Resolution Approving and authoriz- ADDITIONAL ACTION FOR THE ISSUANCE ing execution of the Development Agreement OF NOT TO EXCEED $25,000,000 GENER- between the City of Dubuque, Iowa and Dubu- AL OBLIGATION BONDS que Initiatives, and the Incentive Agreement WHEREAS, pursuant to notice published between the City and International Business as required by law, this Council has held a Machines Corporation presented and read. public meeting and hearing upon the proposal Motion by Lynch to adjourn and defer ac- to institute proceedings for the issuance of not tion on the Resolution and the proposal to the to exceed $25,000,000 General Obligation nd meeting to be held at 6:30 p.m. on the 2 day Bonds for the essential corporate purpose of of February, 2009, at this place. Seconded by paying costs of aiding in the planning, under- Connors. Motion carried 6-0. taking and carrying out of urban renewal project activities under the authority of Chapter There being no further business, upon mo- 403 of the Code of Iowa and the Amended and tion the City Council adjourned at 6:47 p.m. Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, including /s/Jeanne F. Schneider, CMC those costs associated with the funding of any City Clerk payments required under a Guaranty Agree- ment between the City and Dubuque Bank & Trust Company, entered into to secure a loan to Dubuque Initiatives for the purpose of ac- quiring, renovating, and improving the Dubu- que Building located at 700 Locust Street, Du- buque, Iowa, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said 28 Special Session, February 2, 2009 Book 139 CITY OF DUBUQUE, IOWA private/public investment: Wilmac, o th Kirby, Farley-Loetscher, 7 Street CITY COUNCIL (Kirby-Farley Square), Iowa Street OFFICIAL parking ramps PROCEEDINGS  Phase 3: North – Overall  Financial Analysis Approach evaluate financial implications of o The Dubuque City Council met in special Phase I session at 5:00 p.m. on February 2, 2009 in model is built around basic assump- o the Historic Federal Building. tions  Key Financial Assumptions Present: Mayor Buol, Council Members One ownership entity o Braig, Connors, Jones, Lynch, Resnick, Voet- Focus on Phase I Program o berg, City Manager Van Milligen, City Attorney Project renovation budget of $45 mil- o Lindahl lion ($120/sq. ft.) Total infrastructure investment of $7 o Mayor Buol read the call and stated that million this was a special meeting of the City Council  Financial Implications called for the purpose of discussing the Histor- Federal/State Historic Tax Credits ic Millwork District Master Plan. o Assumes 3-year absorption for rental o units and commercial space Assistant Economic Development Director Rent and cost growth of 3% Aaron DeJong introduced Andrew Dresdner of o Success is tied to related public im- Cuningham Group, Chris Brewer of Economic o provements (parking critical) Research Associates, and mentioned architect  Fiscal Considerations Jeff Morton, who was not present. Base-year assessed value of DeJong stated that the Millwork District o $5.77/sq. ft. Master Plan process began in May 2008 with Renovated inventory of 401,800 sq. the hiring of Cuningham Group. Public input o ft. sessions were held in June and October 2008. Renovated value starting at $40/sq. This work session is the third in a series of o ft. input sessions. Current property tax rates, held con- Dresdner reviewed the vision for the o stant project and the process for the work session. Analysis Implications – TIF Chris Brewer gave a slide presentation, which o City has committed $4.8 million highlighted the following: o through 2013 Market Approach  Risk Factors  Financial Analysis Availability of State Historic Tax Cre-  o Market Findings dits  Warehouse District Case Studies Timing of renovation in relation to tim- o  Sustainable District Models ing of IBM expansion  Challenges: Surrounding infrastructure, Apartment rental rates drive absorp- o parking, internal infrastructure, retrofitting tion old buildings, industrial past/present Office elements may need to be de- o  Strengths: Existing buildings, access to layed Downtown and the Port of Dubuque, ac- Retail success related to larger credit- o tive arts community, sense of place, un- worthy anchor tenants tapped downtown residential market, healthy public-private partnerships Council discussion included linking parking to  Context: local and state, regional facilities, timing with IBM expansion, securing  Connections: neighborhoods, downtown, developer financing, sustainability, economic Port of Dubuque viability, practicality, and multi-age appeal for  Phase 1 Detail living facilities. private/public investment: Foundry o th Square, 10 Street, creative inter- There being no further business, upon motion pretations of history, industrial aes- the City Council adjourned at 6:11 p.m. thetics, Plaza Street, modern up- grades, Jackson Street /s/Jeanne F. Schneider, CMC  Phase 1b City Clerk Realignments and Improvements, o Landform Park  Phase 2: South Book 139 Regular Session, February 2, 2009 29 CITY OF DUBUQUE, IOWA City Attorney advising that the following claims have been referred to Public Entity Risk CITY COUNCIL Services of Iowa, the agent for the Iowa Com- OFFICIAL munities Assurance Pool: Paul Swartzel for PROCEEDINGS vehicle damage; Tom Hamel for property damage; Ken Duffy for vehicle damage; Craig Pfohl for vehicle damage; Lindsay Kruser for The Dubuque City Council met in regular vehicle damage; Mary Lucas for personal in- session at 6:30 p.m. on February 2, 2009 in jury/property damage; Austin Eppler for vehicle the Historic Federal Building. damage; John Moran for vehicle damage; Gi- na Seeling for vehicle damage; Courtney Do- Present: Mayor Buol, Council Members lan for personal injury. Braig, Connors, Jones, Lynch, Resnick, Voet- City Attorney recommending denial of the berg, City Manager Van Milligen, City Attorney claim of Scott D. Hos for vehicle damage. Lindahl Upon motion the documents were received and filed and concurred. Mayor Buol read the call and stated this is a regular session called for the purpose of Acceptance of Warranty Deeds – Junnie discussing such matters which may properly and Rich’s Coin Partnership: City Manager come before the City Council. recommending acceptance of the warranty deeds for two parcels of land owned by Junnie Pledge of Allegiance and Rich’s Coin Partnership which were needed for the Bee Branch Creek Restoration Invocation was provided by the Reverend Project. Upon motion the documents were Kathleen Milligen, St. John's Episcopal Church received and filed and Resolution No. 33-09 Accepting conveyance of real property de- CONSENT ITEMS scribed as Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the Motion by Lynch to receive and file the City of Dubuque, Iowa and Lot 353 and the documents, adopt the resolutions, and dispose Easterly One-Half of Lot 352 in East Dubuque of as indicated. Seconded Voetberg. Motion No. 2, an addition in the City of Dubuque, carried 7-0. Iowa, to the City of Dubuque was adopted. Minutes and Reports Submitted: Arts and RESOLUTION NO. 33-09 Cultural Affairs Advisory Commission of 11/25; ACCEPTING CONVEYANCE OF REAL City Council of 1/15, 1/20 and 1/26; Electrical PROPERTY DESCRIBED AS LOT 319 AND Code Board of 1/26; Housing Commission of THE WESTERLY HALF OF 352 IN EAST 10/7; Library Board of 10/23, 11/10, 11/20, and DUBUQUE NO. 2, AN ADDITION IN THE 12/18; Park and Recreation Commission of CITY OF DUBUQUE, IOWA AND LOT 353 1/13 AND THE EASTERLY ONE-HALF OF LOT Library Board of Trustees Update from 352 IN EAST DUBUQUE NO. 2, AN ADDI- Meeting of December 18, 2008 TION IN THE CITY OF DUBUQUE, IOWA TO Proofs of publication of City Council Pro- THE CITY OF DUBUQUE ceedings of January 5 (Special Meeting and Whereas, the City of Dubuque entered into Regular Session), January 6, and January 15, an agreement with Junnie and Rich’s Coin 2009 Partnership pursuant to which Junnie and Investment Oversight Commission submit- Rich’s Coin Partnership agreed to conveyLot rd ting the 63 Quarterly Report 319 and the Westerly Half of Lot 352 in East Upon motion the documents were received Dubuque No. 2, an Addition in the City of Du- and filed. buque, Iowa, and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an Notice of Claims/Suits: Ken Duffy for ve- Addition in the City of Dubuque, Iowa; and hicle damage; Thomas J. Hamel for property Whereas, Junnie and Rich’s Coin Partner- damage; Lindsay Kruser for vehicle damage; ship has executed a conveyance of said prop- Craig Pfohl for vehicle damage; Gina Seeling erty. for vehicle damage; John F. Moran for vehicle NOW THEREFORE, BE IT RESOLVED damage; Austin M. Eppler for vehicle damage; BY THE CITY COUNCIL OF THE CITY OF Mary Lucas for personal injury; Courtney Do- DUBUQUE, IOWA: lan for personal injury; Gary and Kerry Massey Section 1. The City Council of the City of for property damage; Nicole Morgan for per- Dubuque, Iowa, hereby approves of, accepts sonal injury/property damage. Upon motion the and consents to the Warranty Deeds from documents were received and filed and re- Junnie and Rich’s Coin Partnership, copies of ferred to the City Attorney. 30 Regular Session, February 2, 2009 Book 139 which are attached hereto, as required by Iowa ments were received and filed and Resolution Code Section 569.7. No. 34-09 Authorizing the filing of a State of Section 2. The Mayor is hereby authorized Iowa Financial Assistance Application on be- and directed to execute and acknowledge on half of IBM Corporation was adopted. behalf of the City of Dubuque any instruments RESOLUTION NO. 34-09 in connection herewith. nd AUTHORIZING THE FILING OF A STATE OF Passed, approved and adopted this 2 day IOWA FINANCIAL ASSISTANCE APPLICA- of February, 2009. TION ON BEHALF OF IBM CORPORATION. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, IBM has proposed locating new operations in Dubuque, Iowa; and Quarterly Investment Report: City Manager Whereas, the City Council of Dubuque, submitting the Quarterly Investment Report for Iowa has considered said proposal and has the period from October 1, 2008 through De-determined that the proposed project will con- cember 31, 2008. Upon motion the documents tribute to the local economy through the crea- were received and filed. tion of 1300 new jobs for area residents; and Whereas, the Iowa Department of Eco- Professional Services for Design of the nomic Development has created a financial Iowa 32 Hike/Bike Trail – Phase II Project: City assistance package for IBM to locate in Dubu- Manager recommending approval of the selec-que; and tion of Buesing and Associates for professional Whereas, the City of Dubuque, Iowa is eli- design services for the Iowa 32 Bike/Hike Trail gible to apply for this funding on behalf of the Phase 2 project. Upon motion the documents Company. were received, filed, and approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 2008 Government Performance and Re-DUBUQUE, IOWA: sults Act (GPRA) Annual Report: City Manager Section 1. That the filing of an application submitting the 2008 Government Performance for State of Iowa financial assistance on behalf and Results Act (GPRA) Annual Products Re-of IBM Corporation is hereby approved. port. Upon motion the documents were re-Section 2. That the local match of identified ceived and filed. in the application consisting of TIF rebates for increased building valuation estimated at 2008 Certified Local Government (CLG) $1,828,068 to the company and a loan guaran- Annual Report: City Manager submitting the tee to Dubuque Initiatives is hereby approved, 2008 Certified Local Government (CLG) An-subject to application approval. nual Report. Upon motion the documents were Section 3. That the Mayor is hereby autho- received and filed. rized to execute and the City Manager is here- by directed to submit said application to the PEG Access Request: City Manager re-Iowa Department of Economic Development commending approval of a request from Me-together with such documents as may be re- diacom for $1,300 from the Capital Grant for quired. nd Access Equipment and Facilities to configure Passed, approved, and adopted this 2 the master control room at the public access day of February, 2009. studio and install the necessary equipment to Roy D. Buol, Mayor provide audio for the Cablecast Carousel Attest: Jeanne Schneider, City Clerk graphic bulletin board system. Upon motion the documents were received, filed, and ap-Dubuque Professional Firefighters Asso- proved. ciation Local #353: City Manager recommend- ing approval of a two-year collective bargain- Cable Car Square Association: Communi-ing agreement between the City and the Du- cation from Teri Connely, Cable Car Square buque Professional Firefighters Association President, thanking the City and the snow re-Local #353. Upon motion the documents were moval crews for their efforts after the heavy received and filed and Resolution No. 35-09 snowfall the weekend before Christmas. Upon Approving the agreement between the City of motion the document was received and filed. Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353, and au- Iowa Department of Economic Develop-thorizing the Mayor to sign the agreement was ment – International Business Machines Cor-adopted. poration: City Manager recommending ap- proval of the submittal of a State of Iowa finan- cial assistance application to the Iowa De- partment of Economic Development on behalf of IBM Corporation. Upon motion the docu- Book 139 Regular Session, February 2, 2009 31 nd RESOLUTION NO. 35-09 22 Street in the City of Dubuque was APPROVING THE AGREEMENT BETWEEN adopted. THE CITY OF DUBUQUE, IOWA, AND DU- BUQUE PROFESSIONAL FIREFIGHTERS RESOLUTION NO. 36-09 ASSOCIATION, LOCAL #353 AND AUTHO-APPROVING THE ACQUISITION OF REAL ND RIZING THE MAYOR TO SIGN THE ESTATE LOCATED AT 317-319 E 22 AGREEMENT STREET, IN THE CITY OF DUBUQUE Whereas, the Sixty-Fifth General Assembly WHEREAS, the City of Dubuque intends to adopted the Public Employment Relations Act, acquire certain properties located in the area Chapter 20, Code of Iowa; and of the Bee Branch Creek Restoration Project Whereas, the City of Dubuque is public for stormwater mitigation activities as recom- employer within the meaning of Section 3 (1) mended in the 2001 HDR “Drainage Basin of the Public Employment Relations Act; and Master Plan;” and Whereas, the Dubuque Professional Fire-WHEREAS, a purchase agreement has fighters Association, Local #353, is an em-been finalized with the owner of the sixty ployee organization within the meaning of Sec-second property scheduled for acquisition. tion 3 (4) of the Public Employment Relations NOW, THEREFORE, BE IT RESOLVED Act; and BY THE CITY COUNCIL OF THE CITY OF Whereas, the Dubuque Professional Fire-DUBUQUE, IOWA: fighters Association, Local #353, submitted a Section 1. That the City of Dubuque hereby request to bargain collectively on behalf of the approves the acquisition of the following legal- employees within its representation; and ly described property: Whereas, bargaining between the parties Lot No. One (1) of Lot No. Three (3), Lot has occurred and an agreement has been No. Two (2) of Lot No. Five (5), and Lot No. concluded. Six (6), “KEMPS” SUBDIVISION” in the City of NOW, THEREFORE, BE IT RESOLVED Dubuque, Iowa; subject to the use of the “Pri- BY THE CITY COUNCIL OF THE CITY OF vate Alley”, all as shown on the recorded Plats DUBUQUE, IOWA: of said respective subdivisions. Section 1. That the terms of the agreement At the cost of Ninety thousand dollars be approved and the Mayor authorized and ($90,000). directed to sign the collective bargaining Section 2. That the City of Dubuque be and agreement. is hereby authorized to accept a Quit Claim nd Passed, approved and adopted this 2 day deed from the owner, conveying the owner’s of February, 2009. interest to the City of Dubuque, Iowa for the Roy D. Buol, Mayor herein described real estate. Attest: Jeanne F. Schneider, CMC, City Clerk Section 3. That the City Clerk be and she is hereby authorized and directed to cause Dubuque Metropolitan Area Solid Waste said Quit Claim Deed to be recorded in the Agency (DMASWA): Communication from office of the Dubuque County Recorder, to- Chuck Goddard, Agency Administrator for gether with certified copy of the Resolution. DMASWA, submitting the Agency’s Fiscal Section 4. That the City Clerk be and she Year 2010 fee schedule which goes into effect is hereby directed to forward a copy of this on July 1, 2009. Upon motion the document Resolution to the Dubuque County Assessor was received and filed. and the Dubuque County Auditor. nd Passed, approved and adopted this 2 day Lease Agreement – Dubuque Racing As-of February, 2009. sociation: City Manager recommending ap-Roy D. Buol, Mayor proval of the Third Amendment to the existing Attest: Jeanne Schneider, CMC, City Clerk Lease Agreement between the City of Dubu- que, as owner of Dubuque Greyhound Park Isaac Hanna Subdivision: Communication and Casino, and the Dubuque Racing Associa-from George B. Isaac, Isaac Hanna, LLC, re- tion. Upon motion the documents were re-questing a final inspection and acceptance of ceived, filed, and approved. public improvements completed in Isaac Han- na Subdivision. Upon motion the document nd Purchase of Property – 317 / 319 East 22 was received and filed and referred to the City Street: City Manager recommending approval Manager. of the purchase of a residential rental dwelling nd located at 317 / 319 E 22 Street, as part of Iowa Department of Transportation – the acquisition program associated with the Right-of-Way Acquisition Services Agreement: Bee Branch Creek Restoration Project. Upon City Manager recommending approval of a motion the documents were received and filed Right-of-Way Acquisition Services Agreement and Resolution No. 36-09 Approving the ac-with the Iowa Department of Transportation for quisition of real estate located at 317 / 319 E the Southwest Arterial Project. Upon motion 32 Regular Session, February 2, 2009 Book 139 the documents were received and filed and Goetz’ and Mario’s Italian Restaurant; and a Resolution No. 37-09 Approving the Iowa De-Special Class “C” Liquor License to Café Man- partment of Transportation Right-of-Way Ac-na Java West and Pusateri’s were adopted. quisition Services Agreement for City street RESOLUTION NO. 38-09 relocations and/or reconstruction for City of Dubuque Southwest Arterial was adopted. Whereas, applications for Beer Permits have been submitted and filed to this Council RESOLUTION NO. 37-09 for approval and the same have been ex- APPROVING THE IOWA DEPARTMENT OF amined and approved: and TRANSPORTATION RIGHT-OF-WAY AC- Whereas, the premises to be occupied by QUISITION SERVICES AGREEMENT FOR such applicants were inspected and found to CITY STREET RELOCATIONS AND/OR RE- comply with the Ordinances of the City and CONSTRUCTION FOR CITY OF DUBUQUE have filed proper bonds. SOUTHWEST ARTERIAL (PROJECT NO. NOW, THEREFORE, BE IT RESOLVED HDP-2100(643)--71-31; IOWA DOT AGREE- BY THE CITY COUNCIL OF THE CITY OF MENT NO. 2009-1-020) DUBUQUE, IOWA: Whereas, the City of Dubuque has deter-That the Manager be authorized to cause mined that the completion of the Southwest to be issued the following named applicants a Arterial is the No. 1 surface transportation Beer Permit. priority in the Dubuque area; and CLASS “B” BEER PERMIT Whereas, the City of Dubuque has agreed NPC International, Inc, Pizza Hut #4690 to partner with the Iowa Department of Trans-+(Sunday Sale), 2075 JFK Road portation to perform the necessary right-of-way NPC International, Inc, Pizza Hut #4691 th acquisition services for property needed for the +(Sunday Sale), 320 E 20 Street construction of the Southwest Arterial; and CLASS “C” BEER PERMIT Whereas, the City of Dubuque is willing to Molo Oil Company, Big 10 Mart +(Sunday commit the necessary funding for right-of-way Sale), 2100 JFK Road nd acquisition services by the Iowa Department of Passed, approved and adopted this 2 day Transportation. February, 2009 NOW THEREFORE, BE IT RESOLVED Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA, THAT: RESOLUTION NO. 39-09 Section 1. That said Iowa Department of Transportation Right-of-Way Acquisition Ser-Whereas, applications for Liquor Licenses vices Agreement for City Street Relocations have been submitted to this Council for ap- and/or Reconstruction for City of Dubuque proval and the same have been examined and Southwest Arterial (Project No. HDP-approved; and 2100(643)--71-31; Iowa DOT Agreement No. Whereas, the premises to be occupied by 2009-1-020) between the City of Dubuque and such applicants were inspected and found to the Iowa Department of Transportation be ap-comply with the State Laws and all City Ordin- proved. ances relevant thereto and they have filed Section 2. That the Mayor be authorized proper bonds. and directed to execute two copies of said NOW, THEREFORE, BE IT RESOLVED Right-of-Way Agreement for City Street Relo-BY THE CITY COUNCIL OF THE CITY OF cations and/or Reconstruction for City of Du-DUBUQUE, IOWA: buque Southwest Arterial (Project No. HDP-That the Manager be authorized to cause 2100(643)--71-31; Iowa DOT Agreement No. to be issued the following named applicants a 2009-1-020) between the City of Dubuque and Liquor License. the Iowa Department of Transportation. CLASS “C” BEER/LIQUOR LICENSE nd Passed, approved and adopted this 2 day James Goetzinger, Goetz’s +(Sunday of February, 2009. Sale), 2776 Jackson Street Roy D. Buol, Mayor T & M, Inc., Mario’s Italian Restaurant and Attest: Jeanne F. Schneider, CMC, City Clerk Lounge, 1298 Main Street Liquor License Applications: City Manager SPECIAL CLASS “C” LIQUOR LICENSE recommending approval of annual liquor li-Café Manna Java West, LLC, Café Manna cense renewals as submitted. Upon motion the Java West+(Sunday Sale), 150 JFK Road documents were received and filed and Reso-Pusateri Enterprises, Inc., Pusateri’s lution No. 38-09 Granting the issuance of a +(Sunday Sale), 2400 Central Avenue Class “B” Beer Permit to Pizza Hut #4690 and Passed, approved and adopted this 2nd day of #4691 and a Class “C” Beer Permit to Big 10 February, 2009 Mart and Resolution No. 39-09 Granting the Roy D. Buol, Mayor issuance of a Class “C” Beer/Liquor License to Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, February 2, 2009 33 Legislative Correspondence: City Manager Sewer Revenue Capital Loan Notes: City submitting correspondence to area State Leg-Manager recommending that a public hearing islators regarding the State’s budget proposal be set for February 16, 2009 to consider ap- to reduce the state-funded Homestead Proper-proval of the issuance of not to exceed ty Tax Credit. Upon motion the documents $3,500,000 Sewer Revenue Capital Loan were received and filed. Notes for the planning and design of the Water Pollution Control Plant renovation project. ITEMS TO BE SET FOR PUBLIC HEARING Upon motion the documents were received and filed and Resolution No. 41-09 Fixing date Motion by Lynch to receive and file the for a meeting on the authorization of a Loan documents, adopt the resolutions, set the pub-and Disbursement Agreement and the is- lic hearings as indicated, and direct the City suance of not to exceed $3,500,000 Sewer Clerk to publish notice as prescribed by law. Revenue Capital Loan Notes of Dubuque, Seconded by Jones. Motion carried 7-0.Iowa, and providing for publication of notice thereof was adopted setting a public hearing Vacating of Property: City Manager re-for a meeting to commence at 6:30 p.m. on commending that a public hearing be set for February 16, 2009 in the Historic Federal February 16, 2009 to consider the vacating of Building. RESOLUTION NO. 41-09 Gillespie Street, Fink Street and the adjacent FIXING DATE FOR A MEETING ON THE alley, which are now located within the West nd AUTHORIZATION OF A LOAN AND DIS- 32 Street Detention Basin. Upon motion the BURSEMENT AGREEMENT AND THE IS- documents were received and filed and Reso- SUANCE OF NOT TO EXCEED $3,500,000 lution No. 40-09 Resolution of intent to vacate SEWER REVENUE CAPITAL LOAN NOTES public interest in Gillespie Street, Fink Street, OF DUBUQUE, IOWA, AND PROVIDING and adjacent alley in the City of Dubuque, Du- FOR PUBLICATION OF NOTICE THEREOF buque County, Iowa, was adopted setting a public hearing for a meeting to commence at WHEREAS, it is deemed necessary and 6:30 p.m. on February 16, 2009 in the Historic advisable that the City of Dubuque, Iowa Federal Building. should provide for the authorization of a Loan and Disbursement Agreement and the is- RESOLUTION NO. 40-09 suance of Sewer Revenue Capital Loan Notes, RESOLUTION OF INTENT TO VACATE in the amount of not to exceed $3,500,000, as PUBLIC INTEREST IN GILLESPIE STREET, authorized by Sections 384.24A and 384.82, FINK STREET, AND ADJACENT ALLEY IN Code of Iowa, as amended, for the purpose of THE CITY OF DUBUQUE, DUBUQUE providing funds to pay costs as hereinafter COUNTY, IOWA described; and Whereas, the Engineering Department has WHEREAS, the City has applied for a loan requested the vacating of Gillespie Street, Fink through the Iowa Water Pollution Control Street, and adjacent alley; and Works Financing Program pursuant to which Whereas, MSA Professional Services has the Iowa Finance Authority has agreed to pur- prepared and submitted to the City Council a chase the City's Notes and has requested that plat showing the vacated portion of Gillespie such Notes be issued as a single Note in a Street, Fink Street, and adjacent alley, which denomination equal to the total amount of the hereinafter shall be known and described as issue as authorized by Chapter 384 of the City part of Lot 1 of Gillespie’s Second Addition in Code of Iowa; and the City of Dubuque, Dubuque County, Iowa, WHEREAS, the Loan and Disbursement should be approved. Agreement and Note shall be payable solely NOW, THEREFORE, BE IT RESOLVED and only out of the net earnings of the Munici- BY THE CITY COUNCIL OF THE CITY OF pal Sewer Utility and shall be a first lien on the DUBUQUE, IOWA: future net earnings of the Utility; and shall not Section 1. That the City of Dubuque in-be general obligations of the City or payable in tends to vacate public interest in Gillespie any manner by taxation and the City shall be in Street, Fink Street, and adjacent alley in the no manner liable by reason of the failure of the City of Dubuque, Iowa. net revenues to be sufficient for the payment Section 2. That the City Clerk be and is he-of the Loan and Disbursement Agreement and reby authorized and directed to cause a notice Note; and of intent to vacate of said real estate to be WHEREAS, before a Loan and Disburse- published in the manner as prescribed by law. ment Agreement may be authorized and Sew- nd Passed, approved and adopted this 2 day er Revenue Capital Loan Notes issued to evi- of February, 2009. dence the obligation of the City there under, it Roy D. Buol, Mayor is necessary to comply with the provisions of Attest: Jeanne F. Schneider, CMC, City Clerk the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time 34 Regular Session, February 2, 2009 Book 139 RESOLUTION NO. 42- 09 and place of the meeting at which the Council SETTING A PUBLIC HEARING ON AN AP- proposes to take action for the authorization of PLICATION TO THE IOWA DEPARTMENT the Loan and Disbursement Agreement and OF ECONOMIC DEVELOPMENT (IDED) FOR Notes and to receive oral and/or written objec- NEIGHBORHOOD STABILIZATION PRO- tions from any resident or property owner of GRAM FUNDS the City to such action. NOW, THEREFORE, BE IT RESOLVED Whereas, the US Department of Housing BY THE CITY COUNCIL OF THE CITY OF and Urban Development (HUD) has made DUBUQUE, IOWA: available funding to state and local govern- Section 1. That this Council meet in the ments to respond to the increased number of Historic Federal Building, 350 West 6th Street, foreclosures, by passage of the Housing and Dubuque, Iowa, at 6:30 o'clock P.M., on the Economic Recovery Act of 2008; and 2nd day of February, 2009, for the purpose of Whereas, IDED has allocated $444 328 of taking action on the matter of the authorization these Neighborhood Stabilization Program of a Loan and Disbursement Agreement and (NSP) funds to Dubuque, to acquire and rede- the issuance of not to exceed $3,500,000 velop foreclosed properties that might other- Sewer Revenue Capital Loan Notes to evi-wise become sources of abandonment and dence the obligations of the City there under, blight; and the proceeds of which will be used to provide Whereas, IDED requires that a municipali- funds to pay the costs of acquisition, construc-ty’s governing body hold a public hearing as a tion, reconstruction, extending, remodeling, condition of application for these funds. improving, repairing and equipping all or part NOW, THEREFORE, BE IT RESOLVED of the Municipal Sewer Utility, including those BY THE CITY COUNCIL OF THE CITY OF costs associated with design engineering and DUBUQUE, IOWA: construction for upgrades to the Water Pollu-Section 1. That the City Council will meet tion Control Plant and implementation of the in the Federal Building, Council Chambers, th results of the Water Pollution Control Plant 350 West 6 Street, Dubuque, Iowa at 6:30 Study. pm on 16 February 2009 for the purpose of Section 2. That the Clerk is hereby directed holding a public hearing and taking action on to cause at least one publication to be made of this application. a notice of said meeting, in a legal newspaper, Section 2. That the City Clerk be and she printed wholly in the English language, pub-is hereby authorized and directed to publish a lished at least once weekly, and having gener-notice of such public hearing and the City al circulation in said City, said publication to be Council’s intent to review and take action on not less than four clear days nor more than the application for Neighborhood Stabilization twenty days before the date of said public Program funds. nd meeting on the issuance of the Notes. Passed, approved and adopted this 2 day Section 3. The notice of the proposed ac-of February 2009. tion shall be in substantially the [provided] Roy D Buol, Mayor form: Attest: Jeanne F Schneider, CMC, City Clerk Passed and approved this 2nd day of Feb- BOARDS/COMMISSIONS ruary, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Appointments were made to the following Commission: Community Development Advi- Neighborhood Stabilization Program: City sory Commission. Two 3-year terms through Manager recommending that a public hearing February 15, 2012, Low/Moderate Income be set for February 16, 2009 to receive com-Area and At-Large Requirements (Terms of ments on an application to the Iowa Depart-Wainwright and Stubben). Applicants: Hilary ment of Economic Development (IDED) for Stubben, 2433 Broadway Street Neighborhood Stabilization Program funds. (Low/Moderate Income Area); Thomas Wain- Upon motion the documents were received wright, 1800 Elm Street (At-Large). Motion by and filed and Resolution No. 42-09 Setting a Braig to appoint Hilary Stubben and Thomas public hearing on an application to the Iowa Wainwright to the Community Development Department of Economic Development (IDED) Advisory Commission for three-year terms for Neighborhood Stabilization Program funds through February 15, 2012. Seconded by was adopted setting a public hearing for a Connors. Motion carried 7-0. meeting to commence at 6:30 p.m. on Febru- PUBLIC HEARINGS ary 16, 2009 in the Historic Federal Building. Upon motion the rules were suspended al- lowing anyone present to address the City Council. Book 139 Regular Session, February 2, 2009 35 Floodwall Levee Slope Stabilization ances relevant thereto and they have filed Project: Proof of publication on notice of public proper bonds. hearing to consider approval of the plans and NOW, THEREFORE, BE IT RESOLVED specifications, form of contract and estimated BY THE CITY COUNCIL OF THE CITY OF cost for the Floodwall Levee Slope Stabiliza-DUBUQUE, IOWA: tion Project and City Manager recommending That the Manager be authorized to cause approval. Motion by Jones to receive and file to be issued the following named applicant a the documents and adopt Resolution No. 43-Liquor License. 09 Approving plans, specifications, form of CLASS “C” BEER/LIQUOR LICENSE ( 6 contract, and estimated cost for the Floodwall Month ) Levee Slope Stabilization Project. Seconded RB Restaurant Management, Bricktown by Lynch. Public Work Director Don Vogt pro-Brewery +(Sunday Sale), 299 Main Street vided photos of the area involved and gave an Passed, approved and adopted this 2nd explanation of the project stating that there is day of February, 2009. not a problem with the floodwall. Motion car-Roy D. Buol, Mayor ried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 43-09 Development Agreement and Incentive APPROVAL OF PLANS, SPECIFICATIONS, Agreement – International Business Machines FORM OF CONTRACT, AND ESTIMATED Corporation (Tabled on January 26, 2009): COST FOR THE FLOODWALL LEVEE City Manager recommending that action on SLOPE STABILIZATION PROJECT this item be tabled to February 16, 2009. NOW THEREFORE, BE IT RESOLVED Motion by Braig to remove from the table. BY THE CITY COUNCIL OF THE CITY OF Seconded by Connors. Motion carried 7-0. DUBUQUE, IOWA: Motion by Braig to table a proposed resolu- That the proposed plans, specifications, tion approving and authorizing execution of the form of contract and estimated cost for the Development Agreement between the City of Floodwall Levee Slope Stabilization Project, in Dubuque, Iowa, and Dubuque Initiatives, and the estimated amount $313,738.00, are hereby the Incentive Agreement between the City and approved. International Business Machines Corporation Passed, adopted and approved this 2nd to February 16, 2009. Seconded by Voetberg. day of February, 2009. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 15264 Middle Road – Request to Rezone (First Reading on January 20, 2009): Motion Upon motion the rules were reinstated li-by Lynch to receive and file the documents miting discussion to the City Council. and that the requirement that a proposed or- dinance be considered and voted on for pas- ACTION ITEMS sage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Bricktown Liquor License Renewal: City Seconded by Connors. Motion carried 7-0 Manager recommending approval of a six-Motion by Lynch for final consideration and month liquor license renewal for Bricktown passage of Ordinance No. 2-09 Amending Brewery. Motion by Connors to receive and file Appendix A (the Zoning Ordinance) of the City the documents and adopt Resolution No. 44-of Dubuque Code of Ordinances by reclassify- 09 Granting the issuance of a six-month Class ing hereinafter described property located at “C” Beer/Liquor License to Bricktown Brewery. 15264 Middle Road from Dubuque County R-2 Seconded by Lynch. Connors expressed con-Single-Family Residential District to City CS cerns regarding how business owners are in-Commercial Services and Wholesale District. formed about providing proof of ownership per Seconded by Connors. Motion carried 7-0. City and State Codes. City Attorney Lindahl OFFICIAL PUBLICATION stated this information is provided in the liquor ORDINANCE NO. 2-09 application packet provided to applicants. Mo- AMENDING APPENDIX A (THE ZONING tion carried 7-0. ORDINANCE) OF THE CITY OF DUBUQUE RESOLUTION NO. 44-09 CODE OF ORDINANCES BY RECLASSIFY- ING HEREINAFTER DESCRIBED PROPER- Whereas, applications for Liquor Licenses TY LOCATED AT 15264 MIDDLE ROAD have been submitted to this Council for ap- FROM DUBUQUE COUNTY R-2 SINGLE- proval and the same have been examined and FAMILY RESIDENTIAL DISTRICT TO CITY approved; and OF DUBUQUE CS COMMERCIAL SERVICE Whereas, the premises to be occupied by AND WHOLESALE DISTRICT CONCUR- such applicants were inspected and found to RENT WITH ANNEXATION. comply with the State Laws and all City Ordin- 36 Regular Session, February 2, 2009 Book 139 CODE OF ORDINANCES BY RECLASSIFY- Whereas, Thomas D. and Karen K. Ger- ING HEREINAFTER DESCRIBED PROPER- hard, property owners, have requested rezon- ND TY LOCATED AT 607-609 E 22 STREET ing, concurrent with annexation, to the City of FROM C-1 NEIGHBORHOOD COMMERCIAL Dubuque in accordance with Section 2-3 of DISTRICT WITH CONDITIONS, TO C-1 Appendix A (Zoning Ordinance) of the City of NEIGHBORHOOD COMMERCIAL DISTRICT, Dubuque Code of Ordinances; and WITH CONDITIONS. Whereas, this request has been found to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Section 1. That Appendix A (Zoning Ordin-Ordinance) of the City of Dubuque Code of ance) of the City of Dubuque Code of Ordin-Ordinances is hereby amended by reclassify- ances is hereby amended by reclassifying the ing the hereinafter-described property from C- hereinafter described property from Dubuque 1 Neighborhood Commercial District, with County R-2 Single-Family Residential District conditions, to C-1 Neighborhood Commercial to City of Dubuque CS Commercial Service District, with conditions, to wit: Lot 10 Sanford and Wholesale District, to wit: Lot 1 Thomas Subdivision, and to the centerline of the adjoin- th Gerhard Place in Section 25 T89N R1E, 5 ing public right-of-way, all in the City of Dubu- P.M.; and to the centerline of the adjoining que, Iowa. th right-of-way in T89N R1E, 5 P.M.; all in Du-Section 2. The foregoing amendment has buque County, Iowa, that is proposed to be heretofore been reviewed by the Zoning Advi- annexed to the City of Dubuque, Iowa. sory Commission of the City of Dubuque, Section 2. The foregoing amendment has Iowa. heretofore been reviewed by the Zoning Advi-Section 3. This ordinance shall take effect sory Commission of the City of Dubuque, immediately upon publication, as provided by Iowa. law. nd Section 3. This ordinance shall take effect Passed, approved and adopted this 2 day immediately upon publication, as provided by of February, 2009. law, and at such time that the herein described /s/Roy D. Buol, Mayor property is legally annexed into the City of Attest: Dubuque, Iowa. /s/Jeanne F. Schneider, CMC, City Clerk nd Passed, approved and adopted this 2 day of February, 2009. MEMORANDUM OF AGREEMENT /s/Roy D. Buol, Mayor Pursuant to the Iowa Code Section 414.5 Attest: (2007), and as an express condition of rezon- /s/Jeanne F. Schneider, CMC, City Clerk ing of the property described as: Lot 10 San- Published officially in the Telegraph Herald ford Subdivision, and to the center line of the th Newspaper the 6 day of February, 2009. adjoining public right-of-way, all in the City of /s/Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, which is the subject of Ordin- ance No. 3-09, a copy of which is attached nd 607 East 22 Street – Request to Rezone hereto and incorporated herein by reference, (First Reading on January 20, 2009): Motion the undersigned property owners, agree to the by Connors to receive and file the documents following conditions, all of which the property and that the requirement that a proposed or- owner further agrees are reasonable and are dinance be considered and voted on for pas- imposed to satisfy public needs which are sage at two Council meetings prior to the caused directly by the rezoning: meeting at which it is to be passed be sus- A) Performance Standards pended. Seconded by Braig. Motion carried 7-0. 1) That gas stations are prohi- Motion by Connors for final consideration bited. and passage of Ordinance No. 3-09 Amending B) Modifications. Any modifications of Appendix A (the Zoning Ordinance) of the City this Agreement shall be considered a of Dubuque Code of Ordinances by reclassify- zoning reclassification and shall be ing hereinafter described property located at subject to the provisions of the Zon- nd 607 – 609 East 22 Street from C-1 Neighbor- ing Ordinance governing zoning rec- hood Commercial District, with conditions, to C-1 lassifications. All such modifications Neighborhood Commercial District, with condi- must be approved by the City Council tions. Seconded by Braig. Motion carried 7-0. of Dubuque, Iowa. C) Recording. A copy of this Agreement OFFICIAL PUBLICATION shall be recorded with the Dubuque ORDINANCE NO. 3-09 County Recorder as a permanent AMENDING APPENDIX A (THE ZONING record of the conditions accepted as ORDINANCE) OF THE CITY OF DUBUQUE Book 139 Regular Session, February 2, 2009 37 part of this rezoning approval within NOW, THEREFORE, BE IT OR- ten (10) days of the adoption of Or-DAINED BY THE CITY COUNCIL OF THE dinance No. 3-09. CITY OF DUBUQUE, IOWA: D) Construction. This Agreement shall Section 1. That Appendix A (The Zoning be construed and interpreted as Ordinance) of the City of Dubuque Code of though it were part of Appendix A of Ordinances is hereby amended by reclassify- the Code of Ordinances of the City of ing the hereinafter-described property from R- Dubuque, also known as the Zoning 1 Single-Family Residential District to PUD Ordinance of the City of Dubuque, Planned Unit Development District with a PI Iowa. Planned Industrial District designation and E) This Agreement shall be binding upon adopting a revised conceptual development the undersigned and his/her heirs, plan, a copy of which is attached to and made successor and assignees. a part hereof, with conditions as: West 175 feet of Lot 2-1-1-1-1-1-1 and Mineral Lot 510, ACCEPTANCE OF ORDINANCE NO. 3-09 and to the centerline of the adjoining public I, Paul Wheelock, property owner, having right-of-way, all in the City of Dubuque, Iowa. read the terms and conditions of the foregoing Section 2. That in order to accomplish the Ordinance No. 3 09 and being familiar with the purposes of the PI Planned Industrial District condition thereof, hereby accept the same and and of the Zoning Ordinance, the above- agree to the condition required therein. described property is subject to the following th Dated in Dubuque, Iowa this 16 day of conditions and restrictions: January, 2009. A. Use Regulations. /s/Paul Wheelock The following regulations shall apply Published officially in the Telegraph Herald to all uses made of land in the above- th Newspaper the 6 day of February, 2009. described PI Planned Industrial Dis- /s/Jeanne F. Schneider, CMC, City Clerk trict: 1) Principal permitted uses 777 Edwards Road – Amendment to shall be limited to the following: Planned Unit Development District (First Read-a) Manufacture, storage ing on January 20, 2009): Motion by Jones to or processing of con- receive and file the documents and that the crete products, but requirement that a proposed ordinance be not to include the considered and voted on for passage at two manufacture of the Council meetings prior to the meeting at which raw substances it is to be passed be suspended. Seconded by comprising said con- Voetberg. Motion carried 7-0. crete as a principal Motion by Jones for final consideration and use. [33] passage of Ordinance No. 4-09 Amending b) Manufacture or as- Appendix A (the Zoning Ordinance) of the City sembly of musical in- of Dubuque Code of Ordinances by reclassify-struments, toys, ing hereinafter described property located at watches or clocks, 777 Edwards Road from R-1 Single Family medical, dental, opti- Residential District to PUD Planned Unit De-cal, or similar scien- velopment District with a PI Planned Industrial tific instruments or- District designation and adopting a revised thopedic or medical Conceptual Development Plan for Edwards appliances, signs or Cast Stone. Seconded by Voetberg. Motion billboards. [33] carried 7-0. c) Manufacture, as- sembly, repair or sto- OFFICIAL PUBLICATION rage of electrical and ORDINANCE NO. 4-09 electronic products, AMENDING APPENDIX A (THE ZONING components or ORDINANCE) OF THE CITY OF DUBUQUE equipment. [33] CODE OF ORDINANCES BY RECLASSIFY- 2) No secondary or contingency ING HEREINAFTER DESCRIBED PROPER- uses shall be permitted. TY LOCATED AT 777 EDWARDS ROAD 3) Accessory uses shall include FROM R-1 SINGLE-FAMILY RESIDENTIAL any use customarily incidental DISTRICT TO PUD PLANNED UNIT DEVEL- and subordinate to the prin- OPMENT DISTRICT WITH A PI PLANNED cipal use it serves. INDUSTRIAL DISTRICT DESIGNATION AND B. Lot and Bulk Regulations. ADOPTING A REVISED CONCEPTUAL DE- Development of land in the PI VELOPMENT PLAN FOR EDWARDS CAST Planned Industrial District shall be re- STONE gulated as follows: 38 Regular Session, February 2, 2009 Book 139 1) All buildings and structures shall operate in accordance shall be constructed a mini-with the following performance mum of 50 feet from all resi-standards. dential districts, a minimum a) Vibration. No activity or of 20 feet from the proposed operation shall at any Edwards Road, with a max-time cause earth vibra- imum building height of 35 tion perceptible beyond feet and maximum lot cov-the lot line of the lot on erage of 50 percent. An as-which the operation is phalt overlay is required at located, except that vi- this time. bration caused by C. Performance Standards blasting conducted in The development and maintenance of accordance with the uses in this PI Planned Industrial Dis-requirements of Article trict shall be established in confor-III, chapter 26 of the mance with the following standards of Municipal Code, may Section 3-5.5 of the PI Planned In-exceed these limita- dustrial District. : tions. 1) Street lighting shall be pro-b) Smoke, particulate vided per City standards. All matter and gases: No other lighting shall be with full activity or operation cut-off design. shall be established 2) Landscaping and screening which fails to meet the shall be provided as per Sec-air quality regulations tion 4-5.3. of the Iowa Department 3) Sufficient off-street parking of Natural Resources. spaces shall be provided on c) Odor: No activity or the site as determined by Sec-operation shall cause tion 4-2.7 of the Zoning Ordin-at any time the dis- ance and identified by the charge of toxic or nox- bracket enclosed number next ious odor beyond the to each principal permitted lot line of the lot on use. All parking and vehicular which it is located. use areas shall be hard-d) Noise: No activity or surfaced and meet the re-operation shall be car- quirements of Section 4-4 of ried on which involves the Zoning Ordinance. noise in excess of the 4) All utilities including telephone noise limitations for and cable television shall be Light Industrial Districts installed underground. set forth in Article VII, 5) A final site development plan Chapter 26 of the Mu- shall be submitted in accor-nicipal Code. dance with Section 4-4 of the e) Glare: Glare, whether Zoning Ordinance of the City direct or reflected, such of Dubuque, Iowa prior to as from spot lights or construction as described on high temperature the attached conceptual de-processes, and as dif- velopment plan. No further ferentiated from gener- grading, excavating or other al illumination, shall not land disturbing activity may be visible beyond the occur before a final site plan is lot line of the lot on approved. which the use is lo- D. Sign Regulations cated. The sign regulations shall be the f) Wastes: All solid waste same as that which are allowed in the materials, debris, C-1 Neighborhood Shopping Center refuse or garbage shall District as established in Section 4-be properly contained 3.11 Schedule of Sign Regulations of in a closed container the Zoning Ordinance of the City of designed for such pur- Dubuque, Iowa. pose. No exterior inci- E. Additional Standards neration of trash or 1) All uses established after the garbage is permissible. effective date of this ordinance All liquid wastes shall Book 139 Regular Session, February 2, 2009 39 RESOLUTION NO. 45-09 be discharged in full APPROVAL OF PLANS, SPECIFICATIONS, compliance with ap- FORM OF CONTRACT, AND ESTIMATED propriate City, State COST FOR THE OAK GROVE SANITARY and Federal Regula- SEWER AND WATER MAIN EXTENSION tions. PROJECT Fire Hazard: No activity or operation shall be established which fails to NOW THEREFORE, BE IT RESOLVED meet the City’s Fire Code. BY THE CITY COUNCIL OF THE CITY OF Outdoor Storage: All outdoor storage DUBUQUE, IOWA: shall be located in the PI District area That the proposed plans, specifications, and screened from the adjoining resi-form of contract and estimated cost for the dential district by an appropriate Oak Grove Sanitary Sewer and Water Main screening or fence of at least six feet Extension Project, in the estimated amount in height. $174,781.26, are hereby approved. nd F. Transfer of Ownership Passed, adopted and approved this 2 day Transfer of ownership or lease of of February, 2009. property in this PI District shall in-Roy D. Buol, Mayor clude the transfer or lease agreement Attest: Jeanne F. Schneider, CMC, City Clerk a provision that the purchaser or les- RESOLUTION NO. 46-09 see acknowledges awareness of the RESOLUTION WITH RESPECT TO THE conditions authorizing the establish- ADOPTION OF THE RESOLUTION OF NE- ment of the district. CESSITY PROPOSED FOR THE OAK Section 3. The foregoing amendment has GROVE SANITARY SEWER AND WATER heretofore been reviewed by the Zoning Advi- MAIN EXTENSION PROJECT sory Commission of the City of Dubuque, Iowa. Whereas, the City Council has proposed a Section 4. The foregoing amendment shall Resolution of Necessity for the Oak Grove take effect upon publication, as provided by Sanitary Sewer and Water Main Extension law. Project and has given notice of the public nd Passed, approved and adopted this 2 day hearing thereon as required by law; and of February, 2009. Whereas, the public hearing has been /s/Roy D. Buol, Mayor held, all persons offering objections have been Attest: heard and consideration given to all objections /s/Jeanne F. Schneider, CMC, City Clerk and is pending before this Council; and Published officially in the Telegraph Herald Whereas, this is the time and place set as th Newspaper the 6 day of February, 2009. provided for the taking of action on the pro- /s/Jeanne F. Schneider, CMC, City Clerk posed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED Oak Grove Sanitary Sewer and Water BY THE CITY COUNCIL OF THE CITY OF Main Extension Project (Tabled on January 20, DUBUQUE, IOWA: 2009): Motion by Braig to remove from the That the proposed Resolution of Necessity table. Seconded by Connors. Motion carried 7-0. described above is hereby adopted, without Motion by Braig to receive and file the doc-amendment, and all objections filed or made uments and adopt Resolution No. 45-09 Ap-having been duly considered are overruled. nd proving plans, specifications, form of contract, Passed, adopted and approved this 2 day and estimated cost for the Oak Grove Sanitary of February, 2009. Sewer and Water Main Extension Project; Roy D. Buol, Mayor Resolution No. 46-09 With respect to the Attest: Jeanne F. Schneider, CMC, City Clerk adoption of the Resolution of Necessity pro- RESOLUTION NO. 47-09 posed for the Oak Grove Sanitary Sewer and APPROVING SCHEDULE OF ASSESS- Water Main Extension Project; and Resolution MENTS AND ESTIMATE OF TOTAL COST No. 47-09 Approvingschedule of assessments FOR THE OAK GROVE SANITARY SEWER and estimate of total cost for the Oak Grove Sani- AND WATER MAIN EXTENSION PROJECT tary Sewer and Water Main Extension Project. Seconded by Connors. Motion carried 7-0. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of as- sessments, and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project are hereby approved. nd Passed, approved and adopted this 2 day of February, 2009. 40 Regular Session, February 2, 2009 Book 139 Roy D. Buol, Mayor and provide a plan for compliance with the Attest: Jeanne F. Schneider, CMC, City Clerk Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines. Award of Contract – Oak Grove Sanitary Seconded by Lynch. Motion carried 7-0. Sewer and Water Main Extension Project: City OFFICIAL PUBLICATION Manager recommending award of the public ORDINANCE NO. 5-09 improvement contract for the Oak Grove Sani- AMENDING CITY OF DUBUQUE CODE OF tary Sewer and Water Main Extension Project ORDINANCES SECTIONS 33-21 AND 33- to Drew Cook & Sons Excavating, Inc., in the 21.2 TO PROVIDE FOR VALET PARKING IN amount of $117,926.00. Motion by Connors to THE DOWNTOWN BUSINESS DISTRICT BY receive and file the documents and adopt REQUIRING BUSINESSES TO OBTAIN A Resolution No. 48-09 Awarding public im- SPECIAL EVENTS PERMIT AND PROVIDE provement contract for the Oak Grove Sanitary A PLAN FOR COMPLIANCE WITH THE Sewer and Water Main Extension Project. AMERICANS WITH DISABILITIES ACT AND Seconded by Braig. Motion carried 7-0. AMERICANS WITH DISABILITIES ACT AC- RESOLUTION NO. 48-09 CESSIBILITY GUIDELINES AWARDING PUBLIC IMPROVEMENT CON- Section 1. City of Dubuque Code of Ordin- TRACT FOR THE OAK GROVE SANITARY ances § 33-21 is amended to read as follows: SEWER AND WATER MAIN EXTENSION Sec. 33-21. Parade, Assembly, Valet Drop- PROJECT Off Parking, Permit Required: Whereas, sealed proposals have been (a) Before any group of persons shall col- submitted by contractors for the Oak Grove lect or gather together or parade or march Sanitary Sewer and Water Main Extension upon the streets of the city, or before any Project (the Project) pursuant to Resolution group of twenty-five (25) or more persons shall No. 12-09 and Notice to Bidders published in a collect or gather together or parade or march newspaper published in the City of Dubuque, upon the sidewalks of the city, they shall first th Iowa on the 9 day of January, 2009. obtain a permit from the City Manager, which Whereas, said sealed proposals were permit, when issued, shall be without charge, st opened and read on the 21 day of January, and shall state the time, manner, and condi- 2009 and it has been determined that Drew tions of such march, parade, or assembly. Cook & Sons Excavating, Inc. of Dubuque, (b) Before any for-profit organization or Iowa, with a bid in the amount of $117,926.50, business shall offer valet drop-off parking, the is the lowest responsive, responsible bidder for organization or business shall first obtain a the Project. permit from the City Manager, which permit, NOW THEREFORE, BE IT RESOLVED when issued, shall be charged at the rate of BY THE CITY COUNCIL OF THE CITY OF four hundred dollars ($400.00) per year, and DUBUQUE, IOWA: shall state the time, manner, and conditions of That a Public Improvement Contract for the such valet drop-off parking. Project is hereby awarded to Drew Cook & Section 2. City of Dubuque Code of Ordin- Sons Excavating, Inc and the City Manager is ances § 33-21.2 is amended to read as fol- hereby directed to execute a Public Improve-lows: ment Contract on behalf of the City of Dubu-Sec. 33-21.2. Application Form: que for the Project. (a) The application form for the use of any nd Passed, approved and adopted this 2 day street or public place shall contain the follow- of February, 2009. ing information: Roy D. Buol, Mayor . . . . Attest: Jeanne F. Schneider, CMC, City Clerk (13) Plan for compliance with the Ameri- cans with Disabilities Act and Americans with Valet Parking (First Reading on January Disabilities Act Accessibility Guidelines 20, 2009): Motion by Connors to receive and (ADAAG). file the documents and that the requirement (14) Other information as the City Manager that a proposed ordinance be considered and believes necessary to ensure public access voted on for passage at two Council meetings and safety. prior to the meeting at which it is to be passed . . . . be suspended. Seconded by Voetberg. Motion Section 3. This Ordinance shall take effect carried 7-0. on publication. nd Motion by Connors for final consideration Passed, approved and adopted this 2 day and passage of Ordinance No. 5-09 Amending of February, 2009. City of Dubuque Code of Ordinances Sections /s/Roy D. Buol, Mayor 33-21 and 33-21.2 to provide for valet parking Attest: in the downtown business district by requiring /s/Jeanne F. Schneider, CMC, City Clerk businesses to obtain a special events permit Book 139 Regular Session, February 2, 2009 41 Published officially in the Telegraph Herald th Newspaper the 6 day of February, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Operating Budget and Capital Improvement Program: City Manager submitting the Fiscal Year 2010 Operating Budget and Five Year Capital Improvement Program. Motion by Connors to receive and file the documents. Seconded by Jones. Mo- tion carried 7-0. COUNCIL MEMBER REPORTS Resnick reported on citizen input he has received regarding the biking and walking ac- cessibility of Dubuque streets and intersec- tions as this pertains to the East-West Corridor Connectivity Study. Buol reported on his attendance at the re- cent U.S. Conference of Mayors and hig- hlighted their Main Street Economic Recovery Plan for sustainable jobs and infrastructure. Four presidential advisors spoke of the admin- istration’s focus on cities, green jobs, renewa- ble fuels and directing stimulus to cities. He spoke with members of the 2016 Olympic Committee about the benefits of Dubuque and gathered information to pass on to Keith Rahe. He then highlighted events while attending the Presidential Inauguration, which included greeting the Colts Drum and Bugle Corps prior to their performing in the inaugural parade and attending the Midwestern Inaugural Ball. The Mayor stated that the presentation he and As- sistant City Manager Cindy Steinhauser gave on the City’s warehouse district at the New Partners for Smart Growth Conference in Al- buquerque, New Mexico, was well received. CLOSED SESSION Motion by Jones to go into closed session at 7:25 p.m. regarding pending litigation pur- suant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:59 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:00 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 42 Special Session, February 9, 2009 Book 139 CITY OF DUBUQUE, IOWA City Council: Van Milligen stated that this year’s City Council budget includes an annual CITY COUNCIL membership in Sister Cities International. OFFICIAL PROCEEDINGS City Clerk’s Office: Resnick questioned the increase in the supplies and services expense. City Clerk Jeanne Schneider stated that the The Dubuque City Council met in special increase included this year’s election expense. session at 6:30 p.m. on February 9, 2009 in Braig questioned that with the reinstatement of the Historic Federal Building. the Peddler’s License, if licensees would be provided identification for going door to door. Present: Mayor Buol, Council Members Schneider stated licensees would be required Braig, Connors, Jones, Lynch, Resnick, Voet- to wear identification issued by the City Clerk’s berg, City Manager Michael Van Milligen Office, which can be readily observed by citi- zens and applicant information would be pro- Mayor Buol read the call and stated this is vided to the Police Department. Braig suggest- a special session of the City Council called for ing posting a visual sample of the identification the purpose of discussing various City depart- on the City Clerk’s webpage for citizens to mental budgets. reference. Buol stated that he had received a citizen inquiry regarding the proposed expense Fiscal Year 2010 Departmental Budgets for agenda management software and why were presented by staff from the following City existing programs wouldn’t suffice. Schneider departments: Human Rights Department, explained that proposed agenda management Finance Department, City Attorney’s Office, software includes an agenda building compo- City Manager’s Office, City Council, City Clerk. nent and must be compatible with the City’s Laserfiche document imaging/storage software City Council had discussion with staff on as well as the Granicus software used for ca- the following budget areas: ble broadcasting. Lynch further added that it includes a workflow component, which allows Finance: Braig inquired about the drive-by electronic editing and routing by multiple users meter reading device requested in the current that other products, such as Adobe Acrobat, year’s budget and why the two additional do not provide. hours for the part-time Payroll Clerk was not recommended. Finance Director Ken TeKippe There being no further business, upon mo- stated that as part of the meter change-out tion the City Council adjourned at 8:03 p.m. process, the device would no longer be needed. Van Milligen stated that the amount /s/Jeanne F. Schneider, CMC for the additional hours was an example of a City Clerk number of smaller requests not recommended that could trigger a property tax increase. Res- nick asked if outsourcing payroll has been considered. TeKippe stated that it has been considered and believed that outsourcing pay- roll would provide no benefit to the City. City Manager’s Office: Resnick inquired as to how the salary for the proposed Assistant Budget Director position was determined. Per- sonnel Director Randy Peck stated that he had reviewed the duties and salary for the pro- posed position and performs a state-wide comparison. Resnick also inquired about the additional hours for the new Arts and Cultural Affairs coordinator. Neighborhood Develop- ment Specialist Jerelyn O’Connor stated that the new position has been a definite advan- tage and that the City has had marked suc- cess with its arts programs, but there is great potential for doing more. Arts and Cultural Af- fairs Commissioner Ellen Henkels thanked the City Council for their support both past and future. Book 139 Special Session, February 10, 2009 43 CITY OF DUBUQUE, IOWA achieve a 100 percent level of treatment. Brown believed that the update of the lab and CITY COUNCIL administrative areas would be included in the OFFICIAL first phase of the facility plan. PROCEEDINGS Public Works: Upon questioning by City Council, Resource Management Coordinator The Dubuque City Council met in special Paul Schultz clarified that revenues for solid session at 6:30 p.m. on February 10, 2009 in waste collection are going down and not the the Historic Federal Building. sticker cost projections. Fees have remained steady; however, some customers may have Present: Mayor Buol, Council Members less need for collection services due to pro- Braig, Connors, Jones, Lynch, Resnick, Voet- ducing less garbage, not racking leaves, etc. berg, City Manager Van Milligen The Alley Cart program may also be impacting those revenues due to its greater capacity. Mayor Buol read the call and stated this is Schultz stated that recent feedback has indi- a special session of the City Council called for cated fewer problems with the Alley Cart pro- the purpose of discussing various City depart- gram than originally anticipated. Street and mental budgets. Sewer Maintenance Supervisor John Kloster- mann stated that the herbicide sprayed along Fiscal Year 2010 Departmental Budgets the floodwall is approved by the Corps of En- were presented by staff from the following City gineers for use along water and is applied dur- departments: Water Department, Water Pollu- ing late summer when there is the least threat tion Control Plant, Public Works Department, of rising water. Public Works Director Don and the Engineering Department. Vogt addressed the recycling policy for com- pact fluorescent light bulbs stating this is still a City Council had discussion with staff on new concept to area citizens, which has re- the following budget areas: sulted in on-going public education and addi- tional drop off areas. Assistant City Engineer Water Department: Upon questioning by Bob Schiesl stated that the Engineering De- City Council, Water Plant Manager Bob Green partment will hire a management firm to assist stated that the current 47 percent plant capaci- in evaluating management options for the Ice ty allows for an approximately 30 percent in- Harbor Marina. He will know more about the crease before an expansion is needed. Phase issue of additional maintenance labor as plans I of the meter replacement program focuses on for the marina progress. Vogt added that the the accuracy of information from meters over Code Red emergency notification service 30 years old. Phase II focuses on the accuracy helped improve the City’s odd/even snow route of meters 8-10 years old and is currently in plowing program over last year based on the progress. Metals from replaced meters and input he received. tanks are recycled. The Water Department is Citizen input: Theotoros Giannakouros, working with the City’s Planning Services De- 1640 Lawndale Street, requested City Council partment to monitor the need for future water replace the methane recovery plan for the towers and pumping stations in annexation landfill in the 2010 budget as he believed it to areas. The fire hydrant painting program was be a viable source of cleaner, renewable ener- stepped up to ensure the longevity of hydrants, gy. Don Vogt stated that there are state man- and they are painted as time allows. In order to dates that must be complied with first, but the protect the integrity and safe operation of hy- Methane Recover study is still being consi- drants, private citizens and civic organizations dered by the Dubuque Metropolitan Solid are no longer allowed to paint them. Waste Agency. As a Council representative for the DMSWA Jones added that the agency Water Pollution Control Department: Upon believes this to be a good idea, but that due to questioning by City Council, WPC Manager the agency’s budget process, this issue does Jonathon Brown stated that the current per- not appear in this year’s budget. Mr. Gianna- centage of Biological Oxygen Demand and kouros stated that he is witnessing positive Biosolids is good enough to satisfy permit re- effects of sustainability and eco-literacy within quirements, but there is room for improvement. the community in terms of better practices. These percentages can be impacted by inordi- nate amounts of rainfall, which causes wa- Engineering: Upon questioning by City shout of solids through the facility. This will be Council, Traffic Engineer Dave Ness elabo- addressed with the upcoming facility redesign. rated on the intersection camera equipment The WCP goal is to achieve 96-97 percent used for traffic data collection at City Hall and efficiency. Brown informed Council that water clarified that this equipment is not used for pollution control plants cannot be designed to 44 Special Session, February 16, 2009 Book 139 traffic enforcement. Engineer Deron Muehring Convention and Visitors Bureau Director stated that replacement of the Four Mounds Keith Rahe introduced his staff, Marketing septic system is under design and installation Director Kelly Schiesl, Sales Director Julie will begin after the spring thaw. He will talk to Kromlage, Sales Manager Katie Simmons, Four Mounds Manager Chris Olson about the Welcome Center Manager Stacey Hubanks, possibility of installing an outside public re-Special Projects Manager Ben Leifker. stroom. City Engineer Gus Psihoyos stated that storm sewer replacement on Sunset Rahe presented a slide show and hig- Ridge will be done next year in conjunction hlighted the following goals and points:  with the street’s reconstruction. He is currently Mission statement working with residents on alternative place-  Critical success factors ment options. Psihoyos agreed to reconsider  Business plan the installation of traffic signals on Locust and Identify, engage and communi- o th Bluff Streets where they intersect with 6 and cate the return on investment to th 7 Streets and as they relate to the Downtown members and stakeholders Traffic Study, Ecumenical Towers, IBM, and Create and implement a market- o future parking facilities. He will also explore the ing plan to increase tourism concept of Bike Box markings at intersections  Conventions (Goal of 70,000 conven- city-wide as part of the street striping program. tion delegates) Citizens should contact the Engineering De-  Request for Proposal (sample confe- partment to request modifications in street rence proposal) markings. The Catfish Creek North Fork Sani-  Educate: guides, postcards, bro- tary Sewer project is in the permit phase and is chures, and billboards promoting area expected to begin in March or April. It will take attractions about two years to complete. Psihoyos ex-  Provide education on product and plained that infrastructure in the Millwork His- service excellence toric District would be done like any street re- Be a leading authority for region- o construction project and in conjunction with the al tourism, association member- district’s budgeted street and streetscaping ships projects. Psihoyos stated that citizens should Regionalized tourism o hire a private contractor to determine the sta- Out-of-State marketing campaign o bility of retaining walls not in the public right of Public Relations o way.  Financial Sustainability  Critical success factors and mea- There being no further business, upon mo- surements tion the City Council adjourned at 8:25 p.m.  New programs Marketing and public relations, o /s/Jeanne F. Schneider, CMC web/electronic marketing City Clerk Hospitality, front-line training o Group sales o Sports marketing, created Olym- o pic Task Force CITY OF DUBUQUE, IOWA  Budget: Income/Expenses Fiscal CITY COUNCIL Years 2008-2009, 2009-2010 OFFICIAL Increase in grants, partnerships o PROCEEDINGS Awareness development o Traveling/Marketing o  Sports and Destination Festival and The Dubuque City Council met in special Events Pilot Program session at 5:45 p.m. on February 16, in the Dubuque Regional Sports Com- o Historic Federal Building mission Ten pilot festival events, strate- o Present: Mayor Buol, Council Members gies, outcomes, funding Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney There being no further business, upon mo- Lindahl tion the City Council adjourned at 6:22 p.m. Mayor Buol read the call and stated that /s/Jeanne F. Schneider, CMC this was a special meeting of the City Council City Clerk called for the purpose of discussing the Con- vention and Visitors Bureau Budget and Work Plan. Book 139 Regular Session, February 16, 2009 45 CITY OF DUBUQUE, IOWA City Attorney advising that the following claims have been referred to Public Entity Risk CITY COUNCIL Services of Iowa, the agent for the Iowa Com- OFFICIAL munities Assurance Pool: Carolyn Callahan for PROCEEDINGS vehicle damage; Nicole Morgan for personal injury / vehicle damage; Kerry Massey for property damage; Patricia Gerhard for property The Dubuque City Council met in regular damage. Upon motion the documents were session at 6:30 p.m. on February 16, 2009 in received, filed and concurred the Historic Federal Building. Citizen Communications: Communication Present: Mayor Buol, Council Members from Dan Boge, 333 Villa Street, requesting Braig, Connors, Jones, Lynch, Resnick, Voet- acceptance of the completed sanitary sewer berg, City Manager Van Milligen, City Attorney and water main system for Pine Knoll Condo- Lindahl miniums. Communication from Barbara Lombardi, Mayor Buol read the call and stated this is 1398 White Street, regarding landlord / tenants a regular session called for the purpose of in the City of Dubuque. discussing such matters which may properly Upon motion the documents were received come before the City Council. and filed and referred to the City Manager Pledge of Allegiance City Development Board: Communication from Steve McCann, City Development Board Invocation was provided by Monsignor Administrator, submitting the “Findings of Fact Wayne Ressler of St. Raphael's Cathedral and Conclusions of Law and Determination” and the “Filing of Written Decision” in the mat- CONSENT ITEMS ter of the City of Dubuque’s voluntary annexa- tion. Upon motion the documents were re- Motion by Lynch to receive and file the ceived and filed. documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion Civil Service Commission: Civil Service carried 7-0. Commission submitting the certified list for the positions of Inspector II and Maintenance Minutes and Reports Submitted: Airport Worker. Upon motion the documents were Commission of 11/24 and 12/29/08; Cable TV received and filed and made a Matter of Teleprogramming Commission of 1/6 and Record. 1/20; City Conference Board of 3/10 and 8/4/08; City Council of 2/2, 2/9, and 2/10; Hu- January 30, 2009 man Rights Commission of 12/8; Investment Honorable Mayor and Oversight Advisory Commission of 2/5; Zoning Members of the City Council Advisory Commission of 2/4 In accordance with Chapter 400 of the Proofs of publication of City Council Pro- Code of Iowa, an examination for the position ceedings of January 20 and 26, 2009 and List of Inspector II was given. This exam was eva- of Claims and Summary of Revenues for luated by City staff and final scoring approved. Month Ending December 31, 2008 We hereby certify that the following indi- Carnegie-Stout Library Board of Trustees viduals have passed this written examination Update from Meeting of January 22, 2009 and the vacancy for this position should be Upon motion the documents were received made from this list. We further state that this and filed. list is good for two (2) years from above date. INSPECTOR II Notice of Claims/Suits: Patricia Gerhard for Jerry J. Arensdorf Dennis E. Hahley property damage; Carolyn Callahan for vehicle Brian R. Dorn Michael J. Sievers damage; Randy Miller for property damage; Todd M. Carr Jeffrey W. Zasada Suellen Flynn for vehicle damage; Gordon and Stephen D. Scales Jon A. Herrig Kathy Dailey for vehicle damage; Nicole Lam- Jason A. Wilson Mark R. Bradley mer for personal injury; Patricia Gerhard for George S. Malcolm Aaron A. Aschtgen property damage; Sara J. Gilles for personal Richard J. Zeller Steven G. Kruser injury; Mark Sarazin for property damage; Anthony J. Engling Corey J. Firzlaff Jennifer Ney for vehicle damage. Upon motion Steven L. Christ the documents were received and filed and Respectfully submitted, referred to the City Attorney. Otto Krueger, Dan White, Civil Service Commission 46 Regular Session, February 16, 2009 Book 139 January 30, 2009 City of Dubuque, Iowa, be and the same is Honorable Mayor and hereby accepted. Members of the City Council Section 2. That maintenance of said im- In accordance with Chapter 400 of the provements shall be the responsibility of Jim Code of Iowa, an examination for the position Stock Realty and Construction for a period of of Maintenance Worker was given on January two (2) years from the date of this resolution. th 9, 2009. We hereby certify that the individuals Passed, approved and adopted this 16 listed below have passed this written examina-day of February, 2009. tion and the vacancy for this position should be Roy D. Buol, Mayor made from this list and that this list is good for Attest: Jeanne F. Schneider, CMC, City Clerk two (2) years from above date. MAINTENANCE WORKER RESOLUTION NO. 50-09 ACCEPTING THE GRANT OF AN EASE- Michael C. Horsfall MENT FOR SANITARY SEWER THROUGH, Alan Sabers UNDER AND ACROSS LOTS 3, 4, AND 5 OF Christian L. Kloft BLOCK 3 OF OAK MEADOW SECOND AD- Respectfully submitted, DITION IN THE CITY OF DUBUQUE Otto Krueger, Dan White, Whereas, James W. and Nancy S. Stock Civil Service Commission have executed an Easement for Sanitary Sewer through, under and across Lots 3, 4, Oak Meadows Second Addition – Phase 4: and 5 of Block 3 of Oak Meadow Second Addi- City Manager recommending acceptance of tion in the City of Dubuque, Dubuque County, the public improvements which the developer Iowa. and owner, Jim Stock Realty and Construction, NOW THEREFORE, BE IT RESOLVED has completed in Block 3 of Oak Meadows BY THE CITY COUNCIL OF THE CITY OF Second Addition – Phase 4 (Doe Court) in the DUBUQUE, IOWA: City of Dubuque, Iowa. Upon motion the doc-Section 1. The City Council of the City of uments were received and filed and Resolution Dubuque, Iowa, hereby approves of, accepts No. 49-09 Accepting public improvements in and consents to the grant of Easement for Oak Meadows Second Addition and Resolu-Sanitary Sewer through, under and across tion No. 50-09 Accepting the grant of an Lots 3, 4, and 5 of Block 3 of Oak Meadow easement for sanitary sewer through, under Second Addition in the City of Dubuque, Du- and across Lots 3, 4, and 5 of Block 3 of Oak buque County, Iowa from James W. and Nancy S. Meadows Second Addition in the City of Du-Stock, a copy of which is attached hereto. buque were adopted. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on RESOLUTION NO. 49-09 behalf of the City of Dubuque any instruments ACCEPTING IMPROVEMENTS IN BLOCK 3 in connection herewith. th OAK MEADOWS SECOND ADDITION – Passed, approved and adopted this 16 PHASE 4 (DOE COURT) IN THE CITY OF day of February, 2009. DUBUQUE, IOWA Roy D. Buol, Mayor Whereas, pursuant to Resolution No. 87-Attest: Jeanne F. Schneider, CMC, City Clerk 01, certain public improvements including sani- tary sewer main and watermain were installed 911 High Bluff Retaining Wall Repair by the developer of Block 3 Oak Meadows Project: City Manager recommending accep- Second Addition in the City of Dubuque, Iowa. tance of the 911 High Bluff Retaining Wall Re- Whereas, the improvements have been pair Project as completed by Arensdorf Truck- completed and the City Manager has ex-ing & Excavating, Inc. in the final contract amined the work and has filed a certificate amount of $112,371.04. Upon motion the doc- stating that the same has been completed in uments were received and filed and Resolution accordance with the plans approved by the No. 51-09 Accepting the 911 High Bluff Retain- City Council and in conformance with City ing Wall Repair Project and authorizing the specifications, and has recommended that the payment of the contract amount to the contrac- improvements be accepted by the City Coun-tor was adopted. cil. RESOLUTION NO. 51-09 NOW THEREFORE, BE IT RESOLVED ACCEPTING THE 911 HIGH BLUFF RETAIN- BY THE CITY COUNCIL OF THE CITY OF ING WALL REPAIR PROJECT AND AU- DUBUQUE, IOWA: THORIZING THE PAYMENT OF THE CON- Section 1. That the recommendation of the TRACT AMOUNT TO THE CONTRACTOR City Manager be approved and that said public improvements in Block 3 Oak Meadows Whereas, the Public Improvement Contract Second Addition – Phase 4 (Doe Court) in the for the 911 High Bluff Retaining Wall Repair Project (the Project) has been completed and Book 139 Regular Session, February 16, 2009 47 the City Engineer has examined the work and installed by the developer of the Isaac Hanna filed a certificate stating that the Project has Subdivision. been completed according to the terms of the Whereas, the improvements have been Public Improvement Contract and that the City completed and the City Manager has ex- Engineer recommends that the Project be ac-amined the work and has filed a certificate cepted; and stating that the same has been completed in NOW THEREFORE, BE IT RESOLVED accordance with the plans approved by the BY THE CITY COUNCIL OF THE CITY OF City Council and in conformance with City DUBUQUE, IOWA: specifications, and has recommended that the Section 1. The recommendation of the City sanitary sewer improvements be accepted by Engineer is approved and the Project is hereby the City Council. accepted. NOW THEREFORE, BE IT RESOLVED Section 2. The Finance Director is hereby BY THE CITY COUNCIL OF THE CITY OF directed to pay to the Contractor from the High DUBUQUE, IOWA: Bluff/Thomas Wall Capital Improvement Pro-Section 1. That the recommendation of the gram appropriation (CIP#3502089) for the City Manager be approved and that said sani- contract amount of $112,371.04 less any re-tary sewer in the Isaac Hanna Subdivision be tained percentage provided for therein as pro-and the same is hereby accepted. vided in Iowa Code chapter 573, and to pay Section 2. That maintenance of said public such retainage only in accordance with the sewer shall be the responsibility of Isaac Han- provisions of Iowa Code chapter 573. na, LLC with costs for said maintenance of the th Passed, approved and adopted this 16 sanitary sewer being the responsibility of Isaac day of February, 2009. Hanna, LLC for a period of two (2) years from Roy D. Buol, Mayor the date of this resolution. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 16 day of February, 2009. CITY ENGINEER’S CERTIFICATE OF FINAL Roy D. Buol, Mayor COMPLETION OF THE 911 HIGH BLUFF Attest: Jeanne F. Schneider, CMC, City Clerk RETAINING WALL REPAIR PROJECT The undersigned City Engineer of the City Edwards Cast Stone Company: City Man- of Dubuque, Iowa, hereby certifies that he has ager recommending acceptance of the ease- inspected the 911 High Bluff Retaining Wall ments for a sanitary sewer proposed for Ed- Repair Project, that the Project has been per-wards Cast Stone Company. Upon motion the formed in compliance with the terms of the documents were received and filed and Reso- Public Improvement Contract, and that the lution No. 53-09 Accepting the grant of an total cost of the completed work is easement for sanitary sewer over and across $139,739.23. Lot 2-1-1-1-1-1-1 of Mineral Lot 510 in the City Dated this 11th day of February, 2009. of Dubuque and Resolution No. 54-09 Accept- Gus Psihoyos, City Engineer ing the grant of an easement for sanitary sew- th Filed in the office of the City Clerk on the 11 er over and across Lot 2 of 2 of Beverly Pines day of February, 2009. in the City of Dubuque were adopted. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 53-09 ACCEPTING THE GRANT OF AN EASE- Isaac Hanna Subdivision: City Manager re- MENT FOR SANITARY SEWER OVER AND commending acceptance of the sanitary sewer ACROSS LOT 2-1-1-1-1-1-1 OF MINERAL which the developer, Isaac Hanna, LOT 510 IN THE CITY OF DUBUQUE LLC/George Isaac, has recently completed in the Isaac Hanna Subdivision, a commercial Whereas, Edwards Family Realty Co., LC subdivision located between Old Highway have executed an Easement for Sanitary Road and US Highway 20. Upon motion the Sewer over and across Lot 2-1-1-1-1-1-1 of documents were received and filed and Reso-Mineral Lot 510 in the City of Dubuque, Dubu- lution No. 52-09 Accepting the sanitary sewer que County, Iowa. improvements in the Isaac Hanna Subdivision NOW THEREFORE, BE IT RESOLVED was adopted. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 52-09 Section 1. The City Council of the City of ACCEPTING SANITARY SEWER IMPRO- Dubuque, Iowa, hereby approves of, accepts VEMENTS IN THE ISAAC HANNA SUBDIVI- and consents to the grant of Easement for SION Sanitary Sewer over and across Lot 2-1-1-1-1- Whereas, pursuant to Resolution 507-07, 1-1 of Mineral Lot 510 in the City of Dubuque, certain public improvements including sanitary Dubuque County, Iowa from Edwards Family sewer and stormwater detention facilities were Realty Co., LC, a copy of which is attached hereto. 48 Regular Session, February 16, 2009 Book 139 Section 2. The Mayor is hereby authorized Whereas, TLC Properties, Inc. (dba Lamar and directed to execute and acknowledge on Advertising) has executed an Easement for behalf of the City of Dubuque any instruments Sidewalk, Underground Electric, Fiber Optic in connection herewith. Cable, Traffic Signals & Other Appurtenances th Passed, approved and adopted this 16 through, under, and across part of Lot 181 in day of February, 2009. East Dubuque, an Addition to the City of Du- Roy D. Buol, Mayor buque, Dubuque County, Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 54-09 DUBUQUE, IOWA: ACCEPTING THE GRANT OF AN EASE- Section 1. The City Council of the City of MENT FOR SANITARY SEWER OVER AND Dubuque, Iowa, hereby approves of, accepts ACROSS LOT 2 OF 2 OF BEVERLY PINES and consents to the Grant of Easement for IN THE CITY OF DUBUQUE Sidewalk, Underground Electric, Fiber Optic Whereas, Donald R. and Bonnie R. Walling Cable, Traffic Signals & Other Appurtenances have executed an Easement for Sanitary through, under, and across part of Lot 181 in Sewer over and across Lot 2 of 2 of Beverly East Dubuque, an Addition to the City of Du- Pines in the City of Dubuque, Dubuque Coun-buque, Dubuque County, Iowa from TLC ty, Iowa. Properties, Inc. (dba Lamar Advertising) a NOW THEREFORE, BE IT RESOLVED copy of which is attached hereto. BY THE CITY COUNCIL OF THE CITY OF Section 2. The Mayor is hereby authorized DUBUQUE, IOWA: and directed to execute and acknowledge on Section 1. The City Council of the City of behalf of the City of Dubuque any instruments Dubuque, Iowa, hereby approves of, accepts in connection herewith. th and consents to the grant of Easement for Passed, approved and adopted this 16 Sanitary Sewer over and across Lot 2 of 2 of day of February, 2009. Beverly Pines in the City of Dubuque, Dubu-Roy D. Buol, Mayor que County, Iowa from Donald R. and Bonnie Attest: Jeanne F. Schneider, CMC, City Clerk R. Walling, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized Dubuque Property Management, LLC: City and directed to execute and acknowledge on Manager recommending acceptance of the behalf of the City of Dubuque any instruments Grant of Easement from Dubuque Property in connection herewith. Management, LLC, for installation of a sanitary th Passed, approved and adopted this 16 sewer between Van Buren Avenue and Uni- day of February, 2009. versity Avenue. Upon motion the documents Roy D. Buol, Mayor were received and filed and Resolution No. 56- Attest: Jeanne F. Schneider, CMC, City Clerk 09 Accepting the grant of an easement for sanitary sewer through, under and across part TLC Properties, Inc.: City Manager re-of Lots 8, 9, 49 and 50 of Lenox Addition in the commending acceptance of the Grant of City of Dubuque was adopted. Easement for sidewalk, underground electric, RESOLUTION NO. 56-09 fiber optic cable, traffic signals and other ap- ACCEPTING THE GRANT OF AN EASE- purtenances at the northeast corner of the th MENT FOR SANITARY SEWER THROUGH, intersection at 16 and Elm Streets from TLC UNDER AND ACROSS PART OF LOTS 8, 9, Properties, Inc., (dba Lamar Advertising). 49 AND 50 OF LENOX ADDITION IN THE Upon motion the documents were received CITY OF DUBUQUE and filed and Resolution No. 55-09 Accepting the grant of an easement for sidewalk, under-Whereas, Dubuque Property Management, ground electric, fiber optic cable, traffic signals LLC has executed an Easement for Sanitary and other appurtenances through, under and Sewer through, under and across part of Lots across part of Lot 181 in East Dubuque, an 8, 9, 49 and 50 of Lenox Addition in the City of addition to the City of Dubuque, Dubuque Dubuque, Dubuque County, Iowa. County, Iowa, was adopted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 55-09 DUBUQUE, IOWA: ACCEPTING THE GRANT OF AN EASE- Section 1. The City Council of the City of MENT FOR SIDEWALK, UNDERGROUND Dubuque, Iowa, hereby approves of, accepts ELECTRIC, FIBER OPTIC CABLE, TRAFFIC and consents to the Grant of Easement for SIGNALS AND OTHER APPURTENANCES Sanitary Sewer through, under and across part THROUGH, UNDER AND ACROSS PART of Lots 8, 9, 49, and 50 of Lenox Addition in OF LOT 181 IN EAST DUBUQUE, AN ADDI- the City of Dubuque, Dubuque County, Iowa TION TO THE CITY OF DUBUQUE, DUBU- from Dubuque Property Management, LLC a QUE COUNTY, IOWA copy of which is attached hereto. Book 139 Regular Session, February 16, 2009 49 RESOLUTION NO. 58-09 Section 2. The Mayor is hereby authorized ACCEPTING THE DEED TO CERTAIN REAL and directed to execute and acknowledge on ESTATE IN DUBUQUE COUNTY, IOWA behalf of the City of Dubuque any instruments FROM JAMES R. FOHT in connection herewith. th Passed, approved and adopted this 16 WHEREAS, the City of Dubuque entered day of February, 2009. into an Agreement with James R. Foht for the Roy D. Buol, Mayor purchase of the following described real prop- Attest: Jeanne F. Schneider, CMC, City Clerk erty in Dubuque County, Iowa: Lot 2-1 of “Evelyn Tharp Place” in Mineral Lot 324, in the Hempstead Traffic Signals – Acceptance of City of Dubuque, Iowa; and, Storm Sewer Easement: City Manager re-WHEREAS, the terms of the Agreement commending acceptance of an easement for a have now been met. storm sewer along Pennsylvania Avenue right-NOW, THEREFORE, BE IT RESOLVED of-way west of Lucy Drive from Gary and Be-BY THE CITY COUNCIL OF THE CITY OF verly Brewer. Upon motion the documents DUBUQUE, IOWA, AS FOLLOWS: were received and filed and Resolution No. 57-1. The City of Dubuque hereby accepts the 09 Accepting the grant of an easement for Deed from James R. Foht attached hereto. storm sewer over and across Lot 1 Block 1 2. The City Clerk is hereby authorized and Sunset Park Fifth Addition in the City of Dubu-directed to record this Resolution and the que was adopted. Deed with the Dubuque County Recorder. th Passed, approved and adopted this 16 RESOLUTION NO. 57-09 day of February, 2009. ACCEPTING THE GRANT OF AN EASE- Roy D. Buol, Mayor MENT FOR STORM SEWER OVER AND Attest Jeanne F. Schneider, CMC, City Clerk ACROSS LOT 1 BLOCK 1 SUNSET PARK FIFTH ADDITION IN THE CITY OF DUBU- Historic Federal Building – United States QUE Department of Interior Letter: City Manager Whereas, Gary C. and Beverly R. Brewer transmitting a letter from the United States have executed an Easement for Storm Sewer Department of the Interior regarding the City’s over and across Lot 1 Block 1 Sunset Park recent submittal of the Biennial Report for the Fifth Addition in the City of Dubuque, Dubuque Historic Federal Building. Upon motion the County, Iowa. documents were received and filed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Plat of Survey – Northrange Industrial Park DUBUQUE, IOWA: No. 3: Zoning Advisory Commission recom- Section 1. The City Council of the City of mending approval of the Plat of Survey of Dubuque, Iowa, hereby approves of, accepts Northrange Industrial Park No. 3 as requested and consents to the grant of Easement for by Steve Smith. Upon motion the documents Storm Sewer over and across Lot 1 Block 1 were received and filed and Resolution No. 59- Sunset Park Fifth Addition in the City of Dubu-09 Approving the Plat of Survey of Lots 1 of 1 que, Dubuque County, Iowa from Gary C. and and 2 of 1 of Northrange Industrial Park No. 3 Beverly R. Brewer, a copy of which is attached in the City of Dubuque, Iowa, was adopted. hereto. RESOLUTION NO. 59-09 Section 2. The Mayor is hereby authorized APPROVING THE PLAT OF SURVEY LOTS and directed to execute and acknowledge on 1 OF 1 AND 2 OF 1 NORTH RANGE INDUS- behalf of the City of Dubuque any instruments TRIAL PARK NO. 3 IN THE CITY OF DUBU- in connection herewith. th QUE, IOWA. Passed, approved and adopted this 16 day of February, 2009. Whereas, there has been filed with the City Roy D. Buol, Mayor Clerk a Plat of Survey Lots 1 of 1 and 2 of 1 Attest: Jeanne F. Schneider, CMC, City Clerk North Range Industrial Park No. 3 in the City of Dubuque, Iowa; and Louise Street Bridge - Acceptance of War-Whereas, the plat of survey has been ex- ranty Deed: City Manager recommending ac-amined by the Zoning Advisory Commission ceptance of the warranty deed for a parcel of and had its approval endorsed thereon; and property owned by James R. Foht (Lot 2-1 Whereas, said plat of survey has been ex- Evelyn Tharp Place in Mineral Lot 324 in the amined by the City Council and they find that it City of Dubuque) necessary for reconstruction conforms to the statutes and Resolutions relat- of the Louise Lane Bridge. Upon motion the ing to it documents were received and filed and Reso-NOW, THEREFORE, BE IT RESOLVED lution No. 58-09 Accepting the deed to certain BY THE CITY COUNCIL OF THE CITY OF real estate in Dubuque County, Iowa from DUBUQUE, IOWA: James R. Foht was adopted. 50 Regular Session, February 16, 2009 Book 139 Section 1. That the Plat of Survey Lots 1 of Brief Description of Project: The E.B. 1 and 2 of 1 North Range Industrial Park No. 3 Lyons Interpretive Center serves as a visi- is hereby approved and the Mayor and City tor information center and park office for Clerk are hereby authorized and directed to the Mines of Spain. It currently serves endorse the approval of the City of Dubuque, over 200,000 visitors annually. Continued Iowa, upon said Plat of Survey provided that success and growth in interpretation and the owner of said property shall execute a writ-education are significantly inhibited by ten acceptance hereto attached, acknowledg-current space limitations. Expansion of the ing and agreeing. Interpretive Center will double its size, a) That access for Lot 2 of Lot 1 create more space for interpretation and Northrange Industrial Park No. 3 education, and make it accessible; and must utilize the 66-foot easement WHEREAS, Land and Water Conservation “A” for access to Pennsylvania Fund financial assistance is required for the Avenue. acquisition or development of said outdoor th Passed, approved and adopted this 16 recreational facilities, day of February 2009. NOW THEREFORE, BE IT RE- Roy D. Buol, Mayor SOLVED BY THE CITY COUNCIL OF THE Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA: Section 1. That the project described above be ACCEPTANCE OF RESOLUTION NO. 59-09 authorized. I, the undersigned, Steve Smith, having Section 2. That the City of Dubuque approves read the terms and conditions of the foregoing the grant agreement with the Iowa Department Resolution No. 59-09 and being familiar with of Natural Resources for Land and Water Con- the conditions thereof, hereby accept this servation Fund financial assistance from the same and agree to the conditions required National Park Service in the amount of therein. $19,000 on behalf of said City of Dubuque. th Dated in Dubuque, Iowa this 16 day of Section 3. That the City of Dubuque certifies to February 2009. the following: /s/Steve Smith 1. That it will accept the terms and con- ditions set forth in the NPS Grants-in- Preliminary Plat – Tanglewood Subdivi-Aid Manual and which will be a part of sion: Zoning Advisory Commission recom-the Project Agreement for any grant mending approval of the Preliminary Plat of awarded under the attached proposal. Tanglewood Subdivision as requested by Da-2. That it is in complete accord with the vid Chapin/Steve Schmidt. Upon motion the attached proposal and that it will carry documents were received, filed, and approved. out the acquisition and/or develop- ment in the manner described in the Land and Water Conservation Fund proposal and any plans and specifica- (LWCF) Grant Application: City Manager re-tions attached thereto unless prior commending approval of the submission of a approval for any change has been re- Land and Water Conservation Fund (LWCF) ceived from the Iowa Department of Grant application for the E.B. Lyons Center Natural Resources. Expansion project. Upon motion the docu-3. That is has the ability and intention to ments were received and filed and Resolution finance its share of the cost of the No. 60-09 Approving a LWCF grant application project and that the project will be op- to the Iowa Department of Natural Resources erated and maintained at the expense for the E.B. Lyons Interpretive Center Expan-of said City of Dubuque for public sion was adopted. outdoor recreational use. 4. That no financial assistance has been RESOLUTION NO. 60-09 given or promised under any other APPROVING A LWCF GRANT AGREEMENT federal program or activity with regard WITH THE IOWA DEPARTMENT OF NATU- to the proposed project. RAL RESOURCES FOR THE E.B. LYONS 5. That it will not discriminate against INTERPRETIVE CENTER EXPANSION any person on the basis of race, col- WHEREAS, the City of Dubuque, Iowa is or, or natural origin in the use of any interested in developing outdoor recreational property or failure acquired or devel- facilities on the following described project for oped pursuant to this proposal, and the enjoyment of the citizenry of City of Dubu-shall comply with the terms and intent que, Iowa and the State Iowa. of the Title VI of the Civil Rights Act of Project Title: E.B. Lyons Interpretive Cen-1964, P.L. 88-352 (1964), and of the ter Expansion regulations promulgated pursuant to Total Estimated Cost: $1,476,994 such Act by the Secretary of the Inte- rior and contained in 43 CFR 17. Book 139 Regular Session, February 16, 2009 51 6. That it will maintain adequate financial cated at 2268 Washington Street as part of the records on the proposed project to acquisition program associated with the Bee substantiate claims for cost-sharing. Branch Creek Restoration Project. Upon mo- th Passed, approved and adopted this 16 tion the documents were received and filed day of February 2009. and Resolution No. 62-09 Approving the ac- Roy D. Buol, Mayor quisition of real estate located at 2268 Wash- Attest: Jeanne F. Schneider, City Clerk ington Street in the City of Dubuque, Iowa, was adopted. Floodwall Levee Slope Stabilization RESOLUTION NO. 62-09 Project: City Manager recommending award of APPROVING THE ACQUISITION OF REAL the contract for the Floodwall Levee Slope ESTATE LOCATED AT 2268 WASHINGTON Stabilization Project to Eastern Iowa Excavat- STREET, IN THE CITY OF DUBUQUE ing & Concrete, LLC of Cascade, Iowa, in the amount of $183,087.50. Upon motion the doc-WHEREAS, the City of Dubuque intends to uments were received and filed and Resolution acquire certain properties located in the area No. 61-09 Awarding public improvement con-of the Bee Branch Creek Restoration Project tract for the Floodwall Levee Slope Stabiliza-for stormwater mitigation activities as recom- tion Project was adopted. mended in the 2001 HDR “Drainage Basin Master Plan;” and RESOLUTION NO. 61-09 WHEREAS, a purchase agreement has AWARDING PUBLIC IMPROVEMENT CON- been finalized with the owner of the sixty third TRACT FOR THE FLOODWALL LEVEE property scheduled for acquisition. SLOPE STABILIZATION PROJECT NOW, THEREFORE, BE IT RESOLVED Whereas, sealed proposals have been BY THE CITY COUNCIL OF THE CITY OF submitted by contractors for the Floodwall Le-DUBUQUE, IOWA: vee Slope Stabilization Project (the Project) Section 1. That the City of Dubuque hereby pursuant to Resolution Number 30-09 and approves the acquisition of the following legal- Notice to Bidders published in the city of Du-ly described property: rd buque, Iowa on the 23 day of January 2009. The South 27 ½ feet of Lot 1 of Lot 1 of Lot Whereas, said sealed proposals were 103, in L.H. Langworthy’s Addition, in the City rd opened and read on the 3 day of February, of Dubuque, Iowa, according to the recorded 2009 and it has been determined that Eastern Plat thereof Iowa Excavating & Concrete, LLC of Cascade, At the cost of Eighty thousand dollars Iowa with a bid in the amount of $183,087.50 ($80,000). is the lowest responsive, responsible bidder for Section 2. That the City of Dubuque be and the Project. is hereby authorized to accept a Quit Claim NOW THEREFORE, BE IT RESOLVED deed from the owner, conveying the owner’s BY THE CITY COUNCIL OF THE CITY OF interest to the City of Dubuque, Iowa for the DUBUQUE, IOWA: herein described real estate. That the Public Improvement contract for Section 3. That the City Clerk be and she the Project is hereby awarded to Eastern Iowa is hereby authorized and directed to cause Excavating & Concrete, LLC and the City said Quit Claim Deed to be recorded in the Manager is hereby directed to execute a Pub-office of the Dubuque County Recorder, to- lic Improvement Contract on behalf of the City gether with certified copy of the Resolution. of Dubuque for the Project. Section 4. That the City Clerk be and she Passed, adopted and approved this 16th is hereby directed to forward a copy of this day of February 2009. Resolution to the Dubuque County Assessor Roy D. Buol, Mayor and the Dubuque County Auditor. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 16 day of February, 2009. Subcontract with Helping Services for Roy D. Buol, Mayor Northeast Iowa: City Manager recommending Attest: Jeanne Schneider, CMC, City Clerk approval of a subcontract with Helping Servic- es for Northeast Iowa regarding the enforce-2008 Urban Revitalization Program Appli- ment of underage drinking laws by providing cations: City Manager recommending approval funding for alcohol compliance checks and of 2008 Urban Revitalization Program applica- monitoring of area liquor license holders. Upon tions for residential property tax exemptions. motion the documents were received, filed, Upon motion the documents were received and approved. and filed and Resolution No. 63-09 Approving residential property tax exemption applications Purchase of Property – 2268 Washington submitted by property owners in recognized Street: City Manager recommending approval urban revitalization areas and authorizing the of the purchase of a residential dwelling lo-transmittal of the approved applications to the 52 Regular Session, February 16, 2009 Book 139 City Assessor was adopted. Cathedral Urban Revitalization Area 418-420 Emmett Street- David & Karisa RESOLUTION NO. 63-09 Friske APPROVING PROPERTY TAX EXEMPTION Whereas, the Housing and Community APPLICATIONS SUBMITTED BY PROPER- Development Department and Building Servic- TY OWNERS IN RECOGNIZED URBAN RE- es Department have reviewed the above- VITALIZATION AREAS AND AUTHORIZING described applications and inspected the THE TRANSMITTAL OF THE APPROVED properties, and have determined that the ap- APPLICATIONS TO THE CITY TAX ASSES- plications and the improvements conform to all SOR requirements of the City of Dubuque’s Urban Whereas, Chapter 404 of the Code of Revitalization Plan. Iowa, the Urban Revitalization Act, permits NOW THEREFORE, BE IT RESOLVED cities to exempt property taxes for improve-BY THE CITY COUNCIL OF THE CITY OF ments made to properties in designated revita-DUBUQUE, IOWA: lization areas; and Section 1. That the above-described tax Whereas, the Urban Revitalization Act re-exemption applications meet the requirements quires property owners to submit a written of the City of Dubuque’s Urban Revitalization application for exemption by February 1 of the Plans. assessment year for which the exemption is Section 2. That the above-described tax first claimed, and further requires the City exemption applications are hereby approved Council to approve all applications that meet by the City Council, subject to the review and the requirements of the adopted Urban Revita-approval of the City Assessor. lization Plan and forward the approved appli-Section 3. That the City Clerk is hereby au- cations to the City Assessor for review by thorized and directed to forward the above- March 1 of each year; and described tax exemption applications to the Whereas, pursuant to the requirements of City Assessor. th said Urban Revitalization Act, the following Passed, approved and adopted this 16 Urban Revitalization Areas were established: day of February 2009. Washington Neighborhood, Jackson Park, Roy D. Buol, Mayor th West 11 Street, Old Main, Cathedral and Attest: Jeanne F. Schneider, City Clerk Langworthy; and Whereas, the City of Dubuque, as of Feb-Aerial Orthophotography Re-Flight Project: ruary 1, 2009, received tax exemption applica-City Manager recommending approval to ne- tions from the following property owners in the gotiate and execute a contract with Pinnacle . aforementioned urban revitalization districts. Technologies, Incfor the completion of the Washington Neighborhood Urban Revitali- Digital Orthophotography, Digital Terrain Mod- zation Area el, and Contour Creation project. Upon motion th 131 East 13 Street- Larry & Brenda the documents were received, filed, and the Huseman recommendation approved. th 253-259 East 14 Street- Richard Proper- ties Medline Industries, Inc. – Amendment to 1126 White Street-Horsfall Inc Development Agreement: City Manager re- 2064 Washington-Gloria Valdez commending approval of the second amend- 2073 Jackson- Thomas J. Richard ment to the Development Agreement with 1664-1670 Washington- Gary Carner Medline Industries, Inc. to provide for a time th West 11 Street Urban Revitalization Area extension for LEED Certification to June 1, th 563 West 11 Street-Michael Lang & Su- 2010. Upon motion the documents were re- zanne Guinn ceived and filed and Resolution No. 64-09 th 631 West 16 Street- David & Bridget Sti- Approving the second amendment to the Med- panovich line Industries, Inc. Development Agreement 1531 Cornell- Marvin & Mary Ritt was adopted. 535 Chestnut-Don & Lisa Leik 1323-1325 Bluff Street-Susan Kearns & RESOLUTION NO. 64-09 David Luchsinger APPROVING THE SECOND AMENDMENT 1283 Walnut- Daniel & Tammy Steffen TO THE MEDLINE INDUSTRIES, INC. DE- Jackson Park Urban Revitalization Area VELOPMENT AGREEMENT 1433 Main Street- Scott Hendron Whereas, a Development Agreement (the 1599 Bluff-Joseph & Madeline Schlarman Agreement), dated December 19, 2007, was Langworthy Urban Revitalization Area entered into by and between the City of Dubu- 1062 Melrose Terrace- Christine & Daniel que, a municipal corporation of the State of Corken Iowa (City), and Medline Industries, Inc. an Old Main Urban Revitalization Area Illinois Corporation; and 233-241 Main Street- Butts Florist Book 139 Regular Session, February 16, 2009 53 Whereas, City and Medline Industries, Inc. Whereas, the City of Dubuque has estab- now desire to amend the Development lished two Enterprise Zones and an Enterprise Agreement as set forth attached Second Zone Commission; and Amendment. Whereas, the Enterprise Zone Commission NOW, THEREFORE, BE IT RESOLVED on May 15, 2008 approved the application of BY THE CITY COUNCIL OF THE CITY OF Dubuque Stamping & Manufacturing, Inc. for DUBUQUE, IOWA: Enterprise Zone benefits; and Section 1. That the Second Amendment of Whereas, Dubuque Stamping & Manufac- the Medline Industries, Inc. Development turing, Inc.’s application was approved by the Agreement is hereby approved. Iowa Department of Economic Development Section 2. That the Mayor is hereby autho-on June 19, 2008; and rized and directed to execute said Second Whereas, the Iowa Department of Eco- Amendment on behalf of the City of Dubuque nomic Development has prepared and submit- and the City Clerk is authorized and directed to ted for City Council approval an agreement attest to his signature. relating to Enterprise Zone benefits for Dubu- Section 3. That the City Manager is autho-que Stamping & Manufacturing, Inc. a copy of rized to take such actions as are necessary to which is attached hereto and by this reference implement the terms of the Second Amend-made a part hereof; and ment as herein approved. Whereas, the City Council finds that the th Passed, approved and adopted this 16 proposed agreement is acceptable and neces- day of February, 2009. sary to the growth and development of the city. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Digital TV Transition Update: City Manager Section 1. That the Iowa Department of providing information on the digital television Economic Development Housing Enterprise transition. Upon motion the documents were Zone Program Agreement, Number 08-EZ- received and filed. 034, is hereby approved. Section 2. That the Mayor is hereby autho- PEG Capital Grant Expenditure Request: rized and directed to execute the Agreement City Manager recommending approval of a on behalf of the City of Dubuque and forward request for Public, Educational, and Govern-the executed copy to the Iowa Department of ment (PEG) Capital Grant funds from Dubuque Economic Development for their approval. th Community Schools for editing software, a Passed, approved and adopted this 16 portable green screen, and a portable hard day of February, 2009. drive in order to produce programming at Jef-Roy D. Buol, Mayor ferson Middle School. Upon motion the docu-Attest: Jeanne F. Schneider, CMC, City Clerk ments were received, filed, and the recom- mendation approved. City of Dubuque / Dubuque Initiatives De- velopment Agreement: Communication from Dubuque Stamping & Manufacturing, Inc. – the City Manager to Leo Hickie, Dubuque Enterprise Zone Program Agreement: City Bank and Trust Company, regarding the De- Manager recommending approval of a pro-velopment Agreement between the City of posed Enterprise Zone Program Agreement Dubuque and Dubuque Initiatives. Upon mo- for Dubuque Stamping & Manufacturing, Inc. tion the document was received and filed. Upon motion the documents were received and filed and Resolution No. 65-09 Approving Signed Contracts: Parking Ramp Concep- a master contract and Enterprise Zone Pro-tual Design / Cost Estimate Contract. Upon gram Agreement by and among the Iowa De-motion the document was received and filed. partment of Economic Development, the City of Dubuque and Dubuque Stamping and Man-Liquor License Applications: City Manager ufacturing, Inc., was adopted. recommending approval of annual liquor li- cense renewals as submitted. Upon motion the RESOLUTION NO. 65-09 documents were received and filed and Reso- RESOLUTION APPROVING A MASTER lution No. 66-09 Granting the issuance of a CONTRACT AND ENTERPRISE ZONE Class “C” Beer Permit to El Paisano Grocery PROGRAM AGREEMENT BY AND AMONG Store, Oky Doky #8 and Hartig Drug #8 and THE IOWA DEPARTMENT OF ECONOMIC Resolution No. 67-09 Granting the issuance of DEVELOPMENT, THE CITY OF DUBUQUE a Class “C” Beer/Liquor License to Tony’s AND DUBUQUE STAMPING & MANUFAC- Place, Dubuque Eagles Club, Hammerhead TURING, INC. Bar/Billiards, Bootleggers Pub, Town Clock Inn, Dubuque Mining Company, Silver Dollar Cantina, Gin Rickeys, Mr. Rogers Pub, The 54 Regular Session, February 16, 2009 Book 139 Clubhouse, and The Northside Bar, LLC; MM and H Corp., Silver Dollar Cantina Class “B” Wine Permit to Hartig Drug #8 and +(Sunday Sale), 342 Main Street Oky Doky #8; and Class “WBN” (Native Wine) HE-FR Ltd., Gin Rickeys +(Sunday Sale), Permit to Cedar Cross Amoco were adopted. 1447 Central Avenue Mr. Rogers Pub, LLC, Mr. Rogers Pub RESOLUTION NO. 66-09 +(Sunday Sale), 2093 Washington Street Whereas, applications for Beer Permits Melvin Spiegelhalter, The Clubhouse, 2364 have been submitted and filed to this Council Washington Street for approval and the same have been ex-The Northside Bar, LLC, The Northside Bar amined and approved: and LLC, +(Sunday Sale), 2776 Jackson Street Whereas, the premises to be occupied by CLASS “B” WINE such applicants were inspected and found to Hartig Drug Co., Hartig Drug #8, 1600 Uni- comply with the Ordinances of the City and versity Avenue have filed proper bonds. Hill Street Plaza Inc., Oky Doky #8, 535 Hill NOW, THEREFORE, BE IT RESOLVED Street BY THE CITY COUNCIL OF THE CITY OF CLASS “WBN”(NATIVE WINE) DUBUQUE, IOWA: L B Metcalf, Inc., Cedar Cross AMOCO, That the Manager be authorized to cause 1200 Cedar Cross Road to be issued the following named applicants a Passed, approved and adopted this 16th Beer Permit. day of February, 2007. CLASS “C” BEER PERMIT Roy D. Buol, Mayor Inocente Rubio, El Paisano Grocery Store Attest: Jeanne F. Schneider, CMC, City Clerk +(Sunday Sale), 1543 Central Avenue ITEMS TO BE SET FOR PUBLIC HEARING Hill Street Plaza Inc., Oky Doky #8 +(Sunday Sale), 535 Hill Street Hartig Drug Co., Hartig Drug #8 +(Sunday Motion by Lynch to receive and file the Sale), 1600 University Avenue documents, adopt the resolutions, set the pub- Passed, approved and adopted this 16th lic hearings as indicated, and direct the City day of February, 2009. Clerk to publish notice as prescribed by law. Roy D. Buol, Mayor Seconded by Braig. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Operating Budget and RESOLUTION NO. 67-09 Five Year Capital Improvement Program: City Whereas, applications for Liquor Licenses Manager recommending that a public hearing have been submitted to this Council for ap-be set for March 9, 2009 to consider adoption proval and the same have been examined and of the Fiscal Year 2010 Operating Budget and approved; and Five Year Capital Improvement Program. Whereas, the premises to be occupied by Upon motion the documents were received such applicants were inspected and found to and filed and Resolution No. 68-09 Setting the comply with the State Laws and all City Ordin-date for the public hearing on the Fiscal Year ances relevant thereto and they have filed 2010 Budget for the City of Dubuque and Res- proper bonds. olution No. 69-09 Setting the date for the pub- NOW, THEREFORE, BE IT RESOLVED lic hearing on the Five Year Capital Improve- BY THE CITY COUNCIL OF THE CITY OF ment Program for Fiscal Year 2010 through DUBUQUE, IOWA: 2014 for the City of Dubuque were adopted That the Manager be authorized to cause setting a public hearing for a meeting to com- to be issued the following named applicants a mence at 6:30 p.m. on March 9, 2009 in the Liquor License. Historic Federal Building. CLASS “C” BEER/LIQUOR LICENSE RESOLUTION NO. 68-09 Charles Steffen, Tony’s Place +(Sunday SETTING THE DATE FOR THE PUBLIC Sale), 1701 Central Avenue HEARING ON THE FISCAL YEAR 2010 Fraternal Order Eagles #568, Dubuque BUDGET FOR THE CITY OF DUBUQUE Eagles Club+(Sunday Sale), 1175 Century Drive Whereas, Iowa Code Section 384.16 pro- Hammerheads Inc., Hammerhead vides that the City Council shall set a time and Bar/Billiards+(Sunday Sale), 2095 Kerper place for a public hearing on the Fiscal Year Blvd. 2010 budget before the final budget certifica- Bootleggers Pub, Bootleggers Pub tion date and shall publish notice before the +(Sunday Sale), 1689 Elm Street hearing as provided in Iowa Code Section Town Clock Inn, Town Clock Inn, 799 362.3. Town Clock Plaza NOW THEREFORE, BE IT RESOLVED The Apartments, Dubuque Mining Co BY THE CITY COUNCIL OF THE CITY OF .+(Sunday Sale), 555 JFK Road DUBUQUE, IOWA: Book 139 Regular Session, February 16, 2009 55 Section 1. That the City Council shall con-spoke in support of his appointment. duct a public hearing on the proposed Fiscal PUBLIC HEARINGS Year 2010 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubu-Upon motion the rules were suspended al- que, Iowa, on Monday, March 9, 2009, begin-lowing anyone present to address the City ning at 6:30 p.m. Council. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice 3520 / 3522 Hillcrest Road – Request to of the public hearing, according to law, togeth-Rezone: Proof of publication on notice of pub- er with the required budget information. lic hearing to consider a request from Richard Passed, approved and adopted this 16th Strohmeyer / Joseph Oberbroeckling to rezone day of February, 2009. property located at 3520 / 3522 Hillcrest Road Roy D. Buol, Mayor from R-1 Single-Family Residential District to Attest: Jeanne F. Schneider, CMC City Clerk R-3 Moderate Density Multi-Family Residential District and Zoning Advisory Commission re- RESOLUTION NO. 69-09 commending approval. Motion by Connors to SETTING THE DATE FOR THE PUBLIC receive and file the documents and that the HEARING ON THE FIVE-YEAR CAPITAL requirement that a proposed ordinance be IMPROVEMENT PROGRAM FOR FISCAL considered and voted on for passage at two YEARS 2010 THROUGH 2014 FOR THE Council meetings prior to the meeting at which CITY OF DUBUQUE it is to be passed be suspended. Seconded by Whereas, a proposed Five-Year Capital Jones. Motion carried 7-0. Improvement Program for the City of Dubuque Motion by Connors for final consideration for the Fiscal Years 2010 through 2014 has and passage of Ordinance No. 6-09 Amending been prepared and submitted to the City Appendix A (the Zoning Ordinance) of the City Council and Whereas, the capital projects for of Dubuque Code of Ordinances by reclassify- the first year of the program are included in the ing hereinafter described property located at Fiscal Year 2010 budget for the City of Dubu-3520 and 3522 Hillcrest Road from R-1 Single- que and Whereas, it is deemed t be in the best Family Residential District to R-3 Moderate interest of the City of Dubuque to conduct a Density Multi-Family Residential District. public hearing and adopt the five-year Capital Seconded by Jones. Planning Services Man- Improvement Program simultaneously with the ager Laura Carstens provided a staff report. public hearing and adoption of the Fiscal Year Motion carried 7-0. 2010 budget for the City of Dubuque. OFFICIAL PUBLICATION NOW THEREFORE, BE IT RESOLVED ORDINANCE NO. 6-09 BY THE CITY COUNCIL OF THE CITY OF AMENDING APPENDIX A (THE ZONING DUBUQUE, IOWA: ORDINANCE) OF THE CITY OF DUBUQUE Section 1. That the City Council shall con- CODE OF ORDINANCES BY RECLASSIFY- duct a public hearing on the five year Capital ING HEREINAFTER DESCRIBED PROPER- Improvement Program for Fiscal Years 2010 TY LOCATED AT 3520 AND 3522 through 2014 in the City Council Chambers at HILLCREST ROAD FROM R-1 SINGLE- the Historic Federal Building, 350 West 6th FAMILY RESIDENTIAL DISTRICT TO R-3 Street, Dubuque, Iowa, on Monday, March 9, MODERATE DENSITY MULTI-FAMILY RES- 2009, beginning at 6:30 p.m. IDENTIAL DISTRICT. Section 2. That the City Clerk be and is he- reby authorized and directed to publish notice NOW, THEREFORE, BE IT ORDAINED of the public hearing. BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 16th DUBUQUE, IOWA: day of February 2009. Section 1. That Appendix A (the Zoning Roy D. Buol, Mayor Ordinance) of the City of Dubuque Code of Attest: Jeanne F. Schneider, CMC City Clerk Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- BOARDS/COMMISSIONS 1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential Applicants were invited to address the City District to wit: Lots 6 and 7 of Key Knolls Sub- Council regarding their desire to serve on the division, and to the centerline of the adjoining following Boards/Commissions: Mechanical public right-of-way, all in the City of Dubuque, Code Board: Two 3-year terms through March Iowa. 16, 2012 (Terms of Willenborg and Geisler) Section 2. The foregoing amendment has Background/Experience requirement). Appli-heretofore been reviewed by the Zoning Advi- cants: David Grothe, 2544 Elm Street; Corey sory Commission of the City of Dubuque, Valaskey, 1787 Lawndale Street. Mr. Valaskey Iowa. 56 Regular Session, February 16, 2009 Book 139 Section 3. This ordinance shall take effect lic right-of-way, all in the City of Dubuque, immediately upon publication, as provided by Iowa. law. Section 2. The foregoing amendment has th Passed, approved and adopted this 16 heretofore been reviewed by the Zoning Advi- day of February, 2009. sory Commission of the City of Dubuque, /s/Roy D. Buol, Mayor Iowa. Attest: Section 3. This ordinance shall take effect /s/Jeanne F. Schneider, CMC, City Clerk immediately upon publication, as provided by Published officially in the Telegraph Herald law. stth Newspaper the 21 day of February, 2009. Passed, approved and adopted this 16 /s/Jeanne F. Schneider, CMC, City Clerk day of February, 2009. /s/Roy D. Buol, Mayor 1225 Alta Vista Street – Request to Re-Attest: zone: Proof of publication on notice of public /s/Jeanne F. Schneider, CMC, City Clerk hearing to consider a request from Radio Du- MEMORANDUM OF AGREEMENT buque, Inc. / Nativity Parish to rezone property located at 1225 Alta Vista Street from R-2 Pursuant to the Iowa Code Section 414.5 Two-Family Residential District to OS Office (2007), and as an express condition of rezon- Services District, with conditions, and Zoning ing of the property described as: Lot 1 of 1 of 1 Advisory Commission recommending approv-of 1 of 1 of 1 of 1 of Slattery’s Subdivision, al. Motion by Lynch to receive and file the and to the center line of the adjoining public documents and that the requirement that a right-of-way, all in the City of Dubuque, Iowa, proposed ordinance be considered and voted which is the subject of Ordinance No. 7-09, a on for passage at two Council meetings prior copy of which is attached hereto and incorpo- to the meeting at which it is to be passed be rated herein by reference, the undersigned suspended. Seconded by Connors. Motion property owners, agree to the following condi- carried 7-0. tions, all of which the property owner further Motion by Lynch for final consideration and agrees are reasonable and are imposed to passage of Ordinance No. 7-09 Amending satisfy public needs which are caused directly Appendix A (the Zoning Ordinance) of the City by the rezoning: of Dubuque Code of Ordinances by reclassify-A) Conditions ing hereinafter described property located near 1) That the front yard setback the northeast corner of University Avenue and along University Avenue be 20 feet. Nevada Street from R-2 Two-Family Residential 2) That no vehicle access is District to OS Office Service District, with condi-permitted to University Avenue. tions. Seconded by Braig. Planning Services B) Reclassification of the Subject Prop- Manager Laura Carstens provided a staff report erty. The City of Dubuque, Iowa and informed the Council that a site plan was not may initiate zoning reclassification required for a rezoning. Motion carried 7-0. proceedings to the R-2 Two- Family Residential District (which OFFICIAL PUBLICATION rezoning will include the removal ORDINANCE NO. 7-09 of the performance standards in AMENDING APPENDIX A (THE ZONING Section A above) if the property ORDINANCE) OF THE CITY OF DUBUQUE owner fails to complete any of the CODE OF ORDINANCES BY RECLASSIFY- conditions or provisions of this ING HEREINAFTER DESCRIBED PROPER- Agreement. TY LOCATED NEAR THE NORTHEAST C) Modifications. Any modifications of CORNER OF UNIVERSITY AVENUE AND this Agreement shall be consi- NEVADA STREET FROM R-2 TWO-FAMILY dered a zoning reclassification RESIDENTIAL DISTRICT TO OS OFFICE and shall be subject to the provi- SERVICE DISTRICT, WITH CONDITIONS. sions of the Zoning Ordinance NOW, THEREFORE, BE IT ORDAINED governing zoning reclassifica- BY THE CITY COUNCIL OF THE CITY OF tions. All such modifications must DUBUQUE, IOWA: be approved by the City Council Section 1. That Appendix A (the Zoning of Dubuque, Iowa. Ordinance) of the City of Dubuque Code of D) Recording. A copy of this Agreement Ordinances is hereby amended by reclassify-shall be recorded with the Dubu- ing the hereinafter-described property from R-que County Recorder as a per- 2 Two-Family Residential District to OS Office manent record of the conditions Service District with conditions, to wit: Lot 1 of accepted as part of this rezoning 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s Subdivi-approval within ten (10) days of sion, and to the centerline of the adjoining pub-the adoption of Ordinance No. - 09. Book 139 Regular Session, February 16, 2009 57 E) Construction. This Agreement shall properties currently owned by Hillcrest and be construed and interpreted as then replace them with a chapel. Planning though it were part of Appendix A Services Manager Laura Cartsens provided a of the Code of Ordinances of the staff report. Motion carried 7-0. City of Dubuque, also known as OFFICIAL PUBLICATION the Zoning Ordinance of the City ORDINANCE NO. 8-09 of Dubuque, Iowa. AMENDING APPENDIX A (THE ZONING F) This Agreement shall be binding upon ORDINANCE) OF THE CITY OF DUBUQUE the undersigned and his/her heirs, CODE OF ORDINANCES BY PROVIDING successor and assignees. FOR THE AMENDMENT OF ORDINANCES ACCEPTANCE OF ORDINANCE NO. 7-09 NO. 41-92, 55-00 AND 18-03 AND APPROV- ING AMENDED CAMPUS DEVELOPMENT I, Tom Parsley, representing Radio Dubu- PLAN FOR A NEW CHAPEL FOR THE que, Inc., property owner, having read the HILLCREST FAMILY SERVICES INSTITU- terms and conditions of the foregoing Ordin- TIONAL DISTRICT ance No. 7-09 and being familiar with the con- ditions thereof, hereby accept this same and NOW, THEREFORE, BE IT ORDAINED agree to the conditions required therein. BY THE CITY COUNCIL OF THE CITY OF th Dated in Dubuque, Iowa this 10 day of DUBUQUE, IOWA: February, 2009. Section 1. That Appendix A (the zoning By: Tom Parsley, Radio Dubuque Ordinance) of the City of Dubuque code of Ordinances and Ordinances No. 41-92, 55-00 ACCEPTANCE OF ORDINANCE NO. 7-09 and 18-03 be amended by adopting a revised I, Dwayne Thoman, representing Nativity campus development plan for the new Chapel Parish, property owner, having read the terms for the Hillcrest Family Services Institutional and conditions of the foregoing Ordinance No, District for the following property, to wit: 7-09 and being familiar with the conditions All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of thereof, hereby accept this same and agree to Link’s Subdivision, except the sou- the conditions required therein. theasterly 38 feet thereof, Lot 2 of the th Dated in Dubuque, Iowa this 16 day of Subdivision of Lot 1 of Lot 2 of Miner- February, 2009. al Lot 261; Lot 1 of the Subdivision of By: Dwayne Thoman, Nativity Church Lot 1 of Lot 2 of Mineral Lot 261, Met- Published officially in the Telegraph Herald tel Link Place; Lot 2 of Lot 2 of Lot 1 th Newspaper the 20 day of February, 2009. of Lot 2 of Lot 1 of Lot 1 of Link’s /s/Jeanne F. Schneider, CMC, City Clerk subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 1985 / 1989 Asbury Road – Planned Unit of Link’s Subdivision; and Lot 1 of Lot Development District Amendment: Proof of 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of publication on notice of public hearing to con-Lot 1 of Lot 1 of Link’s Subdivision; sider a request from Straka Johnson Architects Lot 1 and Lot 2 of Peterson’s Subdi- / Hillcrest Family Services to rezone property vision; all of Lot 2 of Lot 2 of Lot 1 of located at 1985 / 1989 Asbury Road from R-3 Lot 1 of Link’s Subdivision except for Moderate Density Multi-Family Residential the southeasterly 38 feet thereof, Lot District to ID Institutional District and Zoning 4 of 1 and Lot 5 of 1 of Link’s Subdi- Advisory Commission recommending approval. vision, and to the centerline of the ad- Motion by Connors to receive and file the docu-joining public right-of-way, all in the ments and that the requirement that a proposed City of Dubuque, Iowa. ordinance be considered and voted on for pas-Section 2. That in order to accomplish sage at two Council meetings prior to the meeting the purposes of the ID Institutional district and at which it is to be passed be suspended. of the Zoning Ordinance, the above-described Seconded by Lynch. Motion carried 7-0. property is subject to the following conditions Motion by Connors for final consideration and restrictions: and passage of Ordinance No. 8-09 Amending A. Use Regulations Appendix A (the Zoning Ordinance) of the City The following regulations shall of Dubuque Code of Ordinances by providing apply to all uses made of land in for the amendment of Ordinances No. 41-92, the above-described ID Institu- 55-00 and 18-03 and approving amended tional District: Campus Development Plan for a new chapel 1. Principal permitted uses for the Hillcrest Family Services Institutional shall be limited to the follow- District. Seconded by Braig. Hillcrest Family ing: Services representative Gary Gansemer, 2223 a. Residential care fa- Aspen Drive, stated that Hillcrest plans to find cilities. a partner to purchase and move two rental b. Classrooms. 58 Regular Session, February 16, 2009 Book 139 c. Offices for adminis-tions of Section 3-5.2 of the ID trative personnel or Institutional District. other institutional D. Site Development Standards employees or affili-The site development standards ates. for this ID Institutional District d. Place of religious shall be established as follows: exercise or assem-1. Landscaping and screening bly for the primary requirements shall be estab- use and benefit of lished in accordance with institutional resi-the requirements of Section dents or affiliates. 4-5 of the Zoning Ordinance e. Off-street parking of the City of Dubuque, and loading. Iowa. All other site develop- f. Recreational or ath-ment standards of Section 4- letic facilities for the 4 shall apply. primary use and E. Sign Regulations benefit of institu-The sign regulations shall be the tional residents or same as that which are allowed affiliates. for ID Districts in Section 4-3.11 g. Existing private of the Zoning Ordinance of the uses of structures City of Dubuque, Iowa. situated within an F. Parking Standards ID District for which The off-street parking require- the R-3 District ment for the principal permitted standards shall ap-uses for the herein described ID ply. Institutional District shall be regu- 2. Accessory uses shall be li-lated as follows: mited to all uses customarily 1. That six (6) off-street parking incidental to the principal spaces shall be added adja- permitted use in conjunction cent to the proposed chapel. with which such accessory 2. Any significant expansion or use is operated or main-reduction in the number of tained, but not to include in-off-street parking spaces stitutional use outside a must be reviewed by Plan- principal building. ning Services staff for com- B. Lot and Bulk Regulations pliance with the adopted Development of land in the ID In-Hillcrest Family Services In- stitutional District shall be regu-stitutional District. lated as follows: G. Transfer of Ownership 1. That the proposed chapel Transfer of ownership or lease of shall be located in confor-property in this ID Institutional mance with the attached District shall include the transfer amended conceptual devel-or lease agreement, the provi- opment plan. sion that the purchaser or leasee 2. A minimum front yard set-acknowledges awareness of the back of 25 feet is required conditionals authorizing the es- for all structures. tablishment of this district. 3. That all previously-approved H. Modifications campus development plans Any modifications of this Ordin- are hereby amended to al-ance must be approved by the low for the attached devel-City council in accordance with opment plan. zoning reclassification proceed- 4. All final site development ings of Section 6 of the Zoning plans shall be in accordance Ordinance. with the ID Institutional Dis-Section 3. The foregoing amendment has trict regulations as provided heretofore been reviewed by the Zoning Advi- in the Zoning Ordinance of sory Commission of the City of Dubuque, the City of Dubuque, Iowa. Iowa. C. Performance Standards Section 4. This Ordinance shall take effect The development and mainten-immediately upon publication, as provided by ance of uses in this ID Institu-law. th tional District shall be established Passed, approved and adopted this 16 in conformance with the regula-day February, 2009. Book 139 Regular Session, February 16, 2009 59 /s/Roy D. Buol, Mayor (b) That adequate indoor waiting Attest: area is provided; /s/Jeanne F. Schneider, CMC, City Clerk(c) That the parking group re- Published officially in the Telegraph Herald quirements can be met [19]. th Newspaper the 20 day of February, 2009. Section 2. The foregoing amendment has /s/Jeanne F. Schneider, CMC, City Clerk heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, City of Dubuque – Request for Text Iowa. Amendment: Proof of publication on notice of Section 3. This ordinance shall take effect public hearing to consider a request from the immediately upon publication, as provided by City of Dubuque to amend the C-2 Neighbor-law. th hood Shopping Center District to allow “Pas-Passed, approved and adopted this 16 senger Transfer Facility” as a conditional use day of February, 2009. and Zoning Advisory Commission recommend-/s/Roy D. Buol, Mayor ing approval. Motion by Jones to receive and Attest: file the documents and that the requirement /s/Jeanne F. Schneider, CMC, City Clerk that a proposed ordinance be considered and Published officially in the Telegraph Herald th voted on for passage at two Council meetings Newspaper the 20 day of February, 2009. prior to the meeting at which it is to be passed /s/Jeanne F. Schneider, CMC, City Clerk be suspended. Seconded by Voetberg. Plan- ning Services Manager Laura Carstens pro-Vacating of Property: Proof of publication vided a staff report. Resnick questioned if area on notice of public hearing to consider the va- neighbors have been notified. Carstens stated cating of Gillespie Street, Fink Street and the that neighbors are not notified for text amend-adjacent alley, which are now located within nd ments as they are city-wide. Neighbors within the West 32 Street Detention Basin, and City 200 feet are notified when conditional use Manager recommending approval. Motion by permits are requested through the Zoning Braig to receive and file the documents and Board of Adjustment. Washington Neighbor-adopt Resolution No. 70-09 Approving plat of hood representative Janice Craddieth, 1635 Lot 1 of Gillespie’s Second Addition including Washington Street, stated that allowing a pas-the proposed vacated Gillespie Street, Fink senger transfer facility would benefit the area Street, and adjacent alley; and Resolution No. residents and businesses and thanked Council 71-09 Vacating public interest in Gillespie for their consideration. Motion carried 7-0 Street, Fink Street, and adjacent alley in the Motion by Voetberg for final consideration City of Dubuque, Dubuque County, Iowa. and passage of Ordinance No. 9-09 Amending Seconded by Lynch. Motion carried 7-0. Section 3-2.2(D) Appendix A (the Zoning Or- RESOLUTION NO. 70-09 dinance) of the City of Dubuque Code of Or- APPROVING PLAT OF LOT 1 OF GILLES- dinances by adding Passenger Transfer Facili- PIE’S SECOND ADDITION INCLUDING THE ties as a conditional use in C-2 Neighborhood PROPOSED VACATED GILLESPIE STREET, Commercial Shopping Center Districts. FINK STREET, AND ADJACENT ALLEY Seconded by Braig. Motion carried 7-0. Whereas, there has been presented to the OFFICIAL PUBLICATION City Council of the City of Dubuque, Iowa, a ORDINANCE NO. 9-09 plat dated January 23, 2009 prepared by MSA AMENDING SECTION 3-3.2(D) APPENDIX A Professional Services, Inc., describing the (THE ZONING ORDINANCE) OF THE CITY proposed vacated portion of Gillespie Street, OF DUBUQUE CODE OF ORDINANCES BY Fink Street, and adjacent alley; and ADDING PASSENGER TRANSFER FACILI- Whereas, said plat conforms to the laws TIES AS A CONDITIONAL USE IN THE C-2 and statutes pertaining thereto. NEIGHBORHOOD SHOPPING CENTER NOW, THEREFORE, BE IT RESOLVED DISTRICT. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That the plat of Lot 1 of Gilles- DUBUQUE, IOWA: pie’s Second Addition dated January 23, 2009 Section 1. That Section 3-3.2(D) of the City prepared by MSA Professional Services, Inc. of Dubuque Code of Ordinances is hereby relative to the real estate hereinabove de- amended as follows: scribed be and the same is hereby approved, Passenger Transfer Facilities: and the Mayor and City Clerk be and they are (a) Such facility shall provide for hereby authorized and directed to execute said the loading and unloading of plat for and on behalf of the City of Dubuque, passengers so as not to ob-Iowa. struct public streets or alleys or Section 2. That the City Clerk be and is he- create traffic or safety hazards; reby authorized and directed to file said plat 60 Regular Session, February 16, 2009 Book 139 TO EXCEED $3,500,000 SEWER REVENUE and certified copy of this resolution in the office CAPITAL LOAN NOTES of the Recorder in and for Dubuque County, Iowa. WHEREAS, pursuant to notice published th Passed, approved and adopted this 16 as required by law, this City Council has held a day of February, 2009. public meeting and hearing upon the proposal Roy D. Buol, Mayor to institute proceedings for the authorization of Attest: Jeanne F. Schneider, CMC, City Clerk a Loan and Disbursement Agreement by and between the City and the Iowa Finance Au- RESOLUTION NO. 71-09 thority, and the issuance to the Iowa Finance VACATING GILLESPIE STREET, FINK Authority of not to exceed $3,500,000 Sewer STREET, AND ADJACENT ALLEY Revenue Capital Loan Notes to evidence the Whereas, City of Dubuque Engineering obligations of the City under said Loan and Department has requested the vacating of Disbursement Agreement, for the purpose of Gillespie Street, Fink Street, and adjacent al-paying costs of acquisition, construction, re- ley; and construction, extending, remodeling, improv- Whereas, MSA Professional Services has ing, repairing and equipping all or part of the prepared and submitted to the City Council a Municipal Sewer System, including those costs plat showing the vacated Gillespie Street, Fink associated with design engineering and con- Street, and adjacent alley shown as part of Lot struction for upgrades to the Water Pollution 1 of Gillespie’s Second Addition in the City of Control Plant and implementation of the results Dubuque, Dubuque County, Iowa; and of the Water Pollution Control Plant Study, and Whereas, the City Council of the City of has considered the extent of objections re- Dubuque, Iowa has determined that Gillespie ceived from residents or property owners as to Street, Fink Street, and adjacent alley are no said proposal, and accordingly the following longer required for public use, and vacating of action is now considered to be in the best in- said Gillespie Street, Fink Street, and adjacent terests of the City and residents thereof: alley, shown as part of Lot 1 of Gillespie’s NOW, THEREFORE, BE IT RESOLVED Second Addition in the City of Dubuque, Du-BY THE CITY COUNCIL OF THE CITY OF buque County, Iowa should be approved. DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED Section 1. That this City Council does he- BY THE CITY COUNCIL OF THE CITY OF reby institute proceedings and takes additional DUBUQUE, IOWA: action for the authorization of a Loan and Dis- Section 1. That the real estate described bursement Agreement by and between the Gillespie Street, Fink Street, and adjacent alley City and the Iowa Finance Authority, and the shown as Lot 1 of Gillespie’s Second Addition issuance to the Iowa Finance Authority in the in the City of Dubuque, Iowa, be and the same manner required by law of not to exceed is hereby vacated. $3,500,000 Sewer Revenue Capital Loan th Passed, approved and adopted this 16 Notes for the foregoing purpose. day of February, 2009. Section 2. That the Clerk, with the assis- Roy D. Buol, Mayor tance of the City Attorney and bond counsel, is Attest: Jeanne F. Schneider, CMC, City Clerk hereby authorized and directed to proceed with the preparation of such documents and Sewer Revenue Capital Loan Notes: Proof proceedings as shall be necessary to author- of publication on notice of public hearing to ize the City's participation in the SRF Loan consider the issuance of not to exceed Program, to select a suitable date for final City $3,500,000 Sewer Revenue Capital Loan Council authorization of the required Loan and Notes for the planning and design of the Water Disbursement Agreement and issuance of the Pollution Control Plant renovation project and Note to evidence the City's obligations the- City Manager recommending approval. Motion reunder, and to take such other actions as the by Connors to receive and file the documents Clerk shall deem necessary to permit the and adopt Resolution No. 72-09 Instituting completion of a loan on a basis favorable to proceedings to take additional action for the the City and acceptable to this Council. th authorization of a Loan and Disbursement Passed and approved this 16 day of Feb- Agreement and the issuance of not to exceed ruary, 2009. $3,500,000 Sewer Revenue Capital Loan Roy D. Buol, Mayor Notes. Seconded by Braig. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 72-09 Neighborhood Stabilization Program: Proof INSTITUTING PROCEEDINGS TO TAKE of publication of notice of public hearing to ADDITIONAL ACTION FOR THE AUTHORI- receive comments on an application to the ZATION OF A LOAN AND DISBURSEMENT Iowa Department of Economic Development AGREEMENT AND THE ISSUANCE OF NOT (IDED) for Neighborhood Stabilization program funds and City Manager recommending ap- Book 139 Regular Session, February 16, 2009 61 proval. Motion by Braig to receive and file the Motion by Braig to receive and filed the documents and adopt Resolution No. 73-09 documents and adopt Resolution No. 74-09 Authorizing an application to the Iowa Depart-Approving and authorizing execution of the ment of Economic Development (IDED) for Development Agreement between the City of Neighborhood Stabilization Program Funds Dubuque, Iowa and Dubuque Initiatives, and was adopted. the Incentive Agreement between the City and International Business Machines Corporation. RESOLUTION NO. 73-09 Seconded by Jones. Van Milligen provided AUTHORIZING AN APPLICATION TO THE additional information on the use and benefit of IOWA DEPARTMENT OF ECONOMIC DE- New Market Tax Credits. Economic Develop- VELOPMENT (IDED) FOR NEIGHBORHOOD ment Director Dave Heiar provided additional STABILIZATION PROGRAM FUNDS information on the TIF rebate. Mayor Buol Whereas, the City Council set a public specifically thanked City Attorney Lindahl for hearing and published a public notice for re-his work on this project. Motion carried 7-0 ceiving public comment regarding this applica- RESOLUTION NO. 74-09 tion, which was held on 2 February 09. APPROVING AND AUTHORIZING EXECU- NOW, THEREFORE, BE IT RESOLVED TION OF THE DEVELOPMENT AGREE- BY THE CITY COUNCIL OF THE CITY OF MENT BETWEEN THE CITY OF DUBUQUE, DUBUQUE, IOWA: IOWA AND DUBUQUE INITIATIVES, AND Section 1. That the City Manager is hereby THE INCENTIVE AGREEMENT BETWEEN authorized and directed to prepare and to THE CITY AND INTERNATIONAL BUSI- submit to the Iowa Department of Economic NESS MACHINES CORPORATION Development an application for Neighborhood Stabilization Program funds, in the amount of WHEREAS, the City Council has approved $444 328. and adopted an Amended and Restated Urban th Passed, approved and adopted this 16 Renewal Plan (the "Urban Renewal Plan") for day of February, 2009. an area described therein as the Greater Roy D Buol, Mayor Downtown Urban Renewal District (the "Urban Attest: Jeanne Schneider, CMC, City Clerk Renewal Area"); and WHEREAS, it is desirable that properties Upon motion the rules were reinstated li-within the Urban Renewal Area be redeve- mited discussion to the City Council. loped as part of the overall redevelopment area covered by said Urban Renewal Plan; ACTION ITEMS and WHEREAS, the City of Dubuque ("City") Dubuque Works: Rick Dickinson, Executive has received a proposal from Dubuque Initia- Director of the Greater Dubuque Development tives (the "Developer") and International Busi- Corporation, introduced Eileen LeMay, IBM ness Machines Corporation (the "Employer"), Workforce Coordinator, Greater Dubuque De-in the form of a proposed Development velopment; Shannon Gaherty, Newcomer Re-Agreement (the "Development Agreement") lations Coordinator, Greater Dubuque Devel-between the City and the Developer and a opment; Tiffany Willard, Recruitment Advertis-proposed Incentive Agreement (the "Incentive ing Specialist, Telegraph Herald; and Sarah Agreement," and together with the Develop- Harris, Director of Workforce Development, ment Agreement, referred to herein as the Greater Dubuque Development; of Dubuque "Agreements") between the City and the Em- Works. Motion by Connors to receive and file. ployer, pursuant to which, among other things, Seconded by Jones. Rick Dickinson, 300 Main the Developer would acquire and renovate the Street, provided an oral presentation on the Dubuque Building located at 700 Locust Street concept of Dubuque Works and introduced the in the City, and lease portions of the same to associated staff. He explained the program’s the Employer; and mission of recruiting, preparing, and retaining WHEREAS, the Employer reasonably ex- the area workforce for Dubuque’s employers. pects to create approximately 1,300 new full- Motion carried 7-0. time employment positions at the Dubuque Development Agreement and Incentive Building property prior to January 1, 2011, and Agreement – International Business Machines reasonably expects to maintain those jobs Corporation (Tabled on February 2, 2009): City during the term of the Agreements; and Manager recommending approval of a Devel-WHEREAS, in consideration of the obliga- opment Agreement between the City of Dubu-tions being assumed by the Developer and the que and Dubuque Initiatives and an Incentive Employer, the Agreements further propose Agreement between the City and International that the City provide certain financial assis- Business Machines Corporation. Motion by tance to the Developer and the Employer, in- Braig to remove from the table. Seconded by cluding a loan guaranty for the benefit of the Connors. Motion carried 7-0. Developer and the payment of certain eco- 62 Regular Session, February 16, 2009 Book 139 nomic development grants to the Developer the Guaranty Agreement between the City and and the Employer; and Dubuque Bank and Trust Company attached WHEREAS, the economic development to the Development Agreement as an exhibit, grants to the Developer and the Employer the provisions of which are incorporated herein shall be payable from, and only from, the tax by reference, be and the same hereby are in increment revenues collected by the City in all respects authorized, approved and con- respect of the Dubuque Building property and firmed, and the Mayor and the City Clerk be the improvements constructed thereon, under and they hereby are authorized, empowered the terms and following satisfaction of the con-and directed to execute, attest, seal and deliv- ditions set forth in the Agreements; and er the same for and on behalf of the City in WHEREAS, Iowa Code Chapters 15A and substantially the form and content now before 403 (the "Urban Renewal Law") authorize ci-this meeting, but with such changes, modifica- ties to make grants for economic development tions, additions or deletions therein as may be purposes in furtherance of the objectives of an approved by such officers upon the advice of urban renewal plan and project and to appro-the City Attorney, and that from and after the priate such funds and make such expenditures execution and delivery of the Agreements, the as may be necessary to carry out the purposes Mayor and the City Clerk are hereby autho- of said Chapters, and to levy taxes and as-rized, empowered and directed to do all such sessments for such purposes; and acts and things and to execute all such docu- WHEREAS, the Council has determined ments as may be necessary to carry out and that the Agreements are in the best interests of comply with the provisions of the Agreement the City and the residents thereof and that the as executed. performance by the City of its obligations the-Section 3. That the economic development reunder are public undertakings and purposes grant payments to be made by the City under and in furtherance of the Urban Renewal Plan the Agreements, the provisions of which are and the Urban Renewal Law and, further, that incorporated herein by reference, be and the the Agreements and the City's performance same hereby are in all respects authorized, thereunder are in furtherance of appropriate approved and confirmed, and the City Manag- economic development activities and objec-er, City Clerk and other City staff be and are tives of the City within the meaning of Chap-hereby authorized, empowered and directed to ters 403 and 15A of the Iowa Code, taking into certify the amount of the economic develop- account the factors set forth therein; and ment grant payments to the Dubuque County WHEREAS, pursuant to notice published Auditor for tax increment reimbursement, and as required by Section 403.9, this Council has to cause such payments to be made to the held a public meeting and hearing upon the Developer and Employer as may be required proposal to approve and authorize execution under the Agreements, at the times set forth of the Agreements and the foregoing economic therein, and to do all such acts and things and development grant payments, and has consi-to execute all such documents as may be ne- dered the extent of objections received from cessary to carry out and comply with the provi- residents or property owners with respect the-sions of said Agreements. th reto; and, accordingly the following action is Passed and approved this 16 day of Feb- now considered to be in the best interests of ruary, 2009. the City and residents thereof. Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Historic Millwork District Master Plan: City Section 1. That the performance by the Manager recommending approval of the His- City of its obligations under the Agreements, toric Millwork District Master Plan, including including but not limited to the payment of the the Demographic and Market Context and a economic development grants to the Develop-Financial Analysis Summary. Motion by Voet- er and the Employer under the terms set forth berg to receive and file the documents and in the Agreements, be and are hereby de-adopt Resolution No. 75-09 Adopting the His- clared to be public undertakings and purposes toric Millwork District Master Plan. Seconded and in furtherance of the Urban Renewal Plan by Connors. Motion carried 7-0. and the Urban Renewal Law and, further, that RESOLUTION NO. 75-09 the Agreements and the City's performance ADOPTING THE HISTORIC MILLWORK thereunder are in furtherance of appropriate DISTRICT MASTER PLAN. economic development activities and objec- tives of the City within the meaning of Chap-Whereas, the City Council has requested a ters 403 and 15A of the Iowa Code, taking into Master Plan be developed in accordance with account the factors set forth therein. the Warehouse District Revitalization Strategy Section 2. That the form and content of the adopted by Resolution 425-07 on August 6, Agreements, including the form and content of 2007; and Book 139 Regular Session, February 16, 2009 63 Whereas, a consultant was hired to assist Section 1. Chapter 5 of the City of Dubu- city staff to prepare a Master Plan for the His-que Code of Ordinances is amended as set toric Millwork District; and forth in the attached Chapter 5 Alcoholic Beve- Whereas, several public meetings were rages. held to provide input on the plan, a steering Section 2. This Ordinance shall take effect committee composed of stakeholders have on publication. th consulted on the plan, and Several city staff Passed, approved and adopted the 16 have provided input to the plan; and day of February, 2009. Whereas, the revitalization of the Historic /s/Roy D. Buol, Mayor Millwork District will create new housing, Attest: commercial, and retail development opportuni-/s/Jeanne F. Schneider, CMC, City Clerk ties to enhance the economic development in the downtown; and CHAPTER 5 Whereas, the District will be revitalized with ALCOHOLIC BEVERAGES an emphasis on sustainability through water ARTICLE I. IN GENERAL resource management, sustainable energy Sec. 5-1. Purpose of Chapter. alternatives, historic preservation of the built The purpose of this Chapter is to provide environment, reintroduction of greenspace, administration of licenses, permits, local regu- and a focus of promoting arts & culture within lations, and procedures for the conduct of the the area. sale and consumption of beer, wine, and liq- NOW THEREFORE, BE IT RESOLVED uor, and for the protection of the safety, health, BY THE CITY COUNCIL OF THE CITY OF peace, morals, and general welfare of the City. DUBUQUE, IOWA: Sec. 5-2. Definitions. Section 1. That the Historic Millwork Dis-Where words and phrases used in this trict Master Plan prepared by the Cuningham Chapter are defined by state law, such defini- Group and Economics Research Associates is tions shall apply to their use in this Chapter hereby approved. and are adopted by reference. Those defini- th Passed, approved and adopted this 16 tions so adopted that need further definition day of February, 2009. are reiterated and other words and phrases Roy D. Buol, Mayor used herein shall have the following meanings: Attest: Jeanne F. Schneider, City Clerk Administrator means the Administrator of the Alcoholic Beverages Division of the De- Amendment to Code of Ordinances Chap-partment of Commerce established by the ter 5 – Alcohol Regulations: City Manager re-Code of Iowa. commending approval of the adoption of a new Alcoholic beverage means any beverage Chapter 5 – Alcohol Regulations to correct an containing more than one-half (1/2) of one error which occurred as a result of the Code of percent (1%) of alcohol by volume including Ordinance update. Motion by Connors to re-alcoholic liquor, wine, and beer. ceive and file the documents and that the re-Club means any nonprofit corporation or quirement that a proposed ordinance be con-association of individuals, which is the owner, sidered and voted on for passage at two lessee, or occupant of a permanent building or Council meetings prior to the meeting at which part thereof, membership in which entails the it is to be passed be suspended. Seconded by prepayment of regular dues, and which is not Braig. Motion carried 7-0. operated for a profit other than such profits as Motion by Connors for final consideration would accrue to the entire membership. and passage of Ordinance No. 10-09 Amend-Commercial establishment means a place ing the City of Dubuque Code of Ordinances of business which is at all times equipped with by repealing Chapter 5 Alcoholic Beverages sufficient tables and seats to accommodate and adopting a new Chapter 5 Alcoholic twenty-five (25) people at one time and the Beverages in lieu thereof. Seconded by licensed premises of which conform to the Braig. Motion carried 7-0. provisions of this Code and other ordinances of the City. OFFICIAL PUBLICATION Director means the Director, or the Direc- ORDINANCE NO. 10-09 tor's designee, of the Iowa Alcoholic Beverag- AMENDING THE CITY OF DUBUQUE CODE es Division. OF ORDINANCES BY REPEALING CHAP- Division means the Alcoholic Beverages TER 5 ALCOHOLIC BEVERAGES AND Division of the Department of Commerce es- ADOPTING A NEW CHAPTER 5 ALCOHOL- tablished by Code of Iowa. IC BEVERAGES IN LIEU THEREOF. Grocery store means any retail establish- NOW, THEREFORE, BE IT ORDAINED ment, the principal business of which consists BY THE CITY COUNCIL OF THE CITY OF of the sale of food or food products for con- DUBUQUE, IOWA: sumption off the premises. The volume of sales of all other items, commodities, and ma- 64 Regular Session, February 16, 2009 Book 139 terials shall be included with the volume of percent (10%) or more in the sales of beer and sales of beer shall not equal ownership or profits of such or exceed fifty percent (50%) of the dollar vo-person. lume of all sales made by the establishment in Restaurant means a commercial establish- order to meet the test that food must be the ment where the usual and customary business principal business thereof. is the serving of meals to consumers and Hotel or motel means premises licensed by which includes a kitchen facility. the State Department of Inspections and Ap-Sec. 5-3. Prohibited Sales and Acts. peals and regularly or seasonally kept open in A person or club holding a liquor license or a bona fide manner for the lodging of transient retail wine or beer permit under this Chapter guests and with twenty (20) or more sleeping and the person's or club's agents or em- rooms. ployees shall not do any of the following: Kitchen facility means a facility with a sink (1) Sell, dispense, or give to any with piped water, non-portable cooking equip-intoxicated person or a person simulating ment such as ranges, cook stoves, or a cook intoxication any alcoholic liquor, wine, or top with oven, and refrigerator, located with the beer; same building. (2) Sell or dispense any alcohol- Legal age means twenty-one (21) years of ic liquor, wine, or beer on the premises age or more. covered by the license or permit or permit Persons of good moral character means its consumption thereon between the hours any person who meets all of the following re-of two o'clock (2:00) A.M. and six o'clock quirements: (6:00) A.M. on any weekday or Saturday (1) The person has such financial stand-and between the hours of two o'clock ing and good reputation as will satisfy the City (2:00) A.M. on Sunday and six o'clock Council and the Director that the person will (6:00) A.M. on the following Monday; how- comply with the Iowa Alcoholic Beverages ever, a holder of a liquor control license or Control Act, all other laws, provisions of this retail beer permit granted the privilege of Code, other City ordinances, and regulations selling alcoholic liquor, wine, or beer on applicable to the person's operations under Sundays may sell or dispense such liquor, state law. However, the City Council shall not wine, or beer on Sunday only between the require the person to post a bond to meet the hours of eight o'clock (8:00) A.M. and two requirements of this Paragraph; o'clock (2:00) A.M. the following Monday; (2) The person is not prohibited by the (3) Sell alcoholic beverages, provisions of this Chapter from obtaining a wine, or beer to any person on credit ex- liquor license or beer permit; cept with a bona fide credit card. This Pro- (3) Notwithstanding Paragraph (5) of this vision shall not apply to sales by a club to definition, the applicant is a citizen of the Unit-its members nor to sales by a hotel or mo- ed States and a resident of the state or is li-tel to bona fide registered guests; censed to do business in the state in the case (4) Employ any person under of a corporation; and notwithstanding Para-the age of eighteen (18) years in the sale graph (5) of this definition, in the case of a or serving of alcoholic liquor, wine, or beer partnership, only one (1) general partner need for consumption on the premises where be a resident of this state; sold; (4) The person has not been convicted of (5) In the case of a retail beer or a felony; however, if a conviction of a felony wine permittee, knowingly allow the mixing occurred more than five (5) years before the or adding of alcohol or any alcoholic beve- application for a license or permit and if the rage to beer, wine, or any other beverage person’s rights of citizenship have been res-in or about the permittee's place of busi- tored by the Governor, the Director may de-ness; termine that said person is a person of moral (6) Keep or allow to be kept character notwithstanding the conviction; and, gambling devices of any kind or description (5) The requirements of this Subsection on the premises of place of business of the apply to the following: licensee or permit holder, contrary to law; a. Each of the officers, direc-(7) Keep on premises covered tors, and partners of such by a liquor control license any alcoholic liq- person; uor in any container except the original b. A person who directly or in-package purchased from the Division and directly owns or controls ten except mixed drinks or cocktails mixed on percent (10%) or more of the premises for immediate consumption. any class of stock of such This prohibition does not apply to common person; and, carriers holding a Class D liquor control li- c. A person who directly or in-cense; or, directly has an interest of ten Book 139 Regular Session, February 16, 2009 65 (8) Reuse for packaging alco-en or dispensed to a person under the legal holic liquor or wine any container or recep-age within a private home and with the know- tacle used originally for packaging alcohol-ledge, presence, and consent of the parent or ic liquor or wine; or adulterate, by the addi-guardian for beverage or medicinal purposes tion of any substances, the contents or re-or administered to the person by either a phy- maining contents of an original package of sician or dentist for medicinal purposes and an alcoholic liquor or wine; or knowingly except to the extent that a person under the possess any original package which has legal age may handle alcoholic liquor, wine, been so reused or adulterated. and beer during the regular course of the per- Sec. 5-4. Sunday Sales. son's employment by a liquor control licensee, Any clubs, hotel, motel, or commercial es-or wine or beer permittee under this Section. tablishment holding a liquor control license, (b) A person who is under legal age, oth- subject to Section 123.49, Subsection 2, Para-er than a licensee or permittee, who violates graph “b”, may apply for and receive permis-this Section regarding the purchase of or at- sion to sell and dispense alcoholic liquor and tempt to purchase alcoholic liquor, wine, or wine to patrons on Sunday for consumption on beer, or possessing or having control of alco- the premises only, and beer for consumption holic liquor, wine, or beer commits a simple on or off the premises between the hours of misdemeanor punishable by a scheduled fine eight o'clock (8:00) A.M. on Sunday and two as established pursuant to Iowa Code §805.8c. o'clock (2:00) A.M. on the following Monday. A Sec. 5-7.1. Persons Under Legal Age Pro- class “D” liquor control licensee may apply for hibited from Attempting to Purchase or Other- and receive permission to sell and dispense wise Obtain Alcoholic Beverages and from alcoholic beverages to patrons for consump-Misrepresenting the Person's Age. tion on the premises only between the hours of (a) A person under legal age shall not eight o'clock (8:00) A.M. on Sunday and two misrepresent the person's age for the purpose o'clock (2:00) A.M. on the following Monday. of purchasing or attempting to purchase any For the privilege of selling beer, wine, and al-alcoholic liquor, wine, or beer from any licen- coholic liquor on the premises on Sunday, the see or permittee. If any person under the legal liquor control license fee of the applicant shall age misrepresents the person's age and the be increased by twenty percent (20%) of the licensee or permittee establishes that the li- regular fee prescribed for the license pursuant censee or permittee made reasonable inquiry to this Section and the privilege shall be noted to determine whether the prospective pur- on the liquor control license. chaser was over the legal age, the licensee or Sec. 5-5. Advertisement for Alcohol, Liq-permittee is not guilty of selling alcoholic liq- uor, Wine, or Beer. uor, wine, or beer to a person under legal age. No signs or other matter advertising any (b) A person violating this Section or rea- brand of alcoholic liquor, beer, or wine shall be sonably believed to be violating this Section erected or placed upon the outside of any may be detained in a reasonable manner and premises occupied by a licensee or permittee for a reasonable length of time by a police authorized to sell liquor, beer, or wine at retail. officer, owner, operator, or an employee of a This Section does not prohibit the use of signs public establishment or private club where or other matter inside a fence or similar enclo-alcoholic liquor, wine, or beer is sold or dis- sure which wholly or partially surrounds the pensed for off premises or on premises con- licensed premises. sumption for the purpose of investigating or Sec. 5-6. Consumption in Public Places. determining the person's true age and identity. It is unlawful for any person to use or con- Such detention shall not render the detainer sume alcoholic liquors, wine, or beer upon the criminally or civilly liable for false arrest, false public streets or highways or alcoholic beve-imprisonment, or unlawful detention. rages in any public place except premises (c) The manager of any public estab- covered by a liquor control license, or to pos-lishment that sells alcoholic liquor, wine, or sess or consume alcoholic liquors, wine, or beer for on premises or off premises consump- beer on any public school property or while tion and the manager of any private club that attending any public or private school related serves alcoholic liquor, wine, or beer for on functions. As used in this Section, school premises consumption shall be required to means a school or that portion of a school post in a conspicuous place a notice stating: which provides teaching for any grade from NOTICE TO PERSONS UNDER LEGAL AGE kindergarten through grade twelve (12). You are subject to a fine for attempting to Sec. 5-7. Persons Under Legal Age. purchase or otherwise obtain alcoholic liquor, (a) A person or persons under legal age wine, or beer or for misrepresenting your age shall not purchase or attempt to purchase or for the purpose of purchasing alcoholic liquor, individually or jointly have alcoholic liquor, wine, or beer. wine, or beer in their possession or control except in the case of liquor, wine, or beer giv- 66 Regular Session, February 16, 2009 Book 139 The size of said notice shall be not less tee of any business that sells alcoholic liquor, than eight and one-half inches by eleven inch-wine, or beer for on premises consumption es (8 1/2" x 11"). shall be required to post in a conspicuous Sec. 5-7.2. Persons Under Legal Age Pro-place a notice stating: hibited from Premises where Alcoholic Beve-NOTICE TO PERSONS rage is Sold or Dispensed. UNDER THE LEGAL AGE (a) It shall be unlawful for any person You are subject to a fine for being on these under the legal age to enter or remain upon premises between the hours of 9:00 p.m. and any premises between the hours of nine closing unless you are employed by the owner o'clock (9:00) P.M. and closing where more or are accompanied by a parent, guardian, or than thirty-five percent (35%) of the business spouse who is of legal age. conducted on such premises is the sale or Sec. 5-8. Notice of Violation Upon Is- dispensing of liquor, wine, or beer except as suance of Citation. set forth in Subsection (b) of this Section. The The Chief of Police, or the Chief of Police's phrase "business conducted on such premis-designee, shall provide written notice to a beer es" shall be defined as the total business rev-permit, wine permit, or liquor license holder enue generated on such premises during the upon issuance of summons or citation to any previous calendar year. employee or agent for a violation of this Article If the establishment otherwise qualifies un-or the provisions of the Code of Iowa. Such der the foregoing thirty-five percent (35%) cri-notice of violation shall be directed to the per- teria and has one (1) or more restaurants in mit or license holder as recorded in the office the building, no person under the legal age of the City Clerk and shall be by certified Unit- shall remain on the premises thirty (30) mi-ed States mail, return receipt requested. nutes after any restaurant on the licensed When the holder of the permit or license premises closes. has been issued a citation or summons coinci- (b) The prohibition of Subsection (a) of dental to the same action of the police, the this Section shall not apply: above provision of notice shall not be required. (1) To a person under legal age Sec. 5-9. Buffet Sales Prohibited. who is an employee of the licensee or (a) The holder of a liquor license or wine permittee, or performing a contracted ser-or beer permit or the holder or permittee's em- vice for the licensee or permittee on the ployees or agents shall not sell, offer to sell, premises; dispense, or serve for purpose of on premises (2) To a person under legal age consumption an unlimited number of servings who is accompanied on the premises at all of alcoholic liquor, wine, or beer for a fixed times by a parent, guardian, or spouse who price. is not under the age for lawful purchase (b) Nothing in this Section shall prohibit and/or possession of alcoholic beverages; the holder of a liquor control license or wine or or, beer permit, or the holder or permittee's em- (3) To a person under legal age ployees or agents, from: on the premises during a period of time (1) Including servings or drinks when the licensee or permittee, in accor-of alcoholic liquor, beer, or wine as dance with a written plan given to and ap-part of a hotel or motel package proved by the Chief of Police, has sus-which includes overnight accommo- pended dispensing alcoholic liquor, wine, dations; or beer on the licensed or permitted pre-(2) Providing a fixed price for an mises or in a clearly delineated area of the unlimited or indefinite amount of licensed or permitted premises. During drinks for a "private event", which is such period of time, the licensee or permit-defined as an event restricted to a tee shall not permit any underage person particular group or persons, provided to purchase or possess alcoholic liquor, that the licensee or permittee shall beer, or wine on the premises. Police offic-provide the means or method by ers shall be admitted to the premises at which to identify persons participating any time to monitor compliance with all ap-in private events, such as use of a plicable laws. private room or a physical means to (c) No licensee or permittee or a licen-identify such participants; or see's or permittee's agent or employee shall (3) Selling, offering to sell, dis- allow any person under the legal age to enter pensing, or serving for purpose of on or remain upon the premises between the premises consumption an unlimited hours of nine o'clock (9:00) P.M. and closing number of servings of alcoholic liq- where the business conducted includes the uor, wine, or beer for a fixed price if sale and dispensing of alcoholic liquor, wine, permitted for a special event by the or beer, except as permitted in Subsections (a) City Council. and (b) of this Section. The licensee or permit-Secs. 5-10 – 5-18. Reserved. Book 139 Regular Session, February 16, 2009 67 ARTICLE II. LIQUOR CONTROL LICENSES, approving report has been filed with the City WINE PERMITS, AND BEER PERMITS Clerk for submission to the City Council. Sec. 5-19. Required. Sec. 5-27. Requirements for Premises. No person shall sell beer or wine at retail in (a) An applicant for a liquor control li- the City nor shall any person sell beer, wine, or cense, wine permit, or beer permit, as a further alcoholic liquor in the City for consumption on condition for approval by the City Council, the premises without first obtaining a beer must give consent in writing on the application permit, wine permit, or a liquor control license that members of the Fire, Police, Building, and as required by state law and subject to the Health Departments may enter upon the pre- provisions of this Article. mises without warrant to inspect for violations Secs. 5-20 – 5-21. Reserved. of the provisions of state law and of this Chap- Sec. 5-22. Separate Beer Permits and ter. Wine Permits Required for Separate Loca-(b) In addition to any other requirements, tions. the premises for which a beer permit, wine (a) Each person holding a class B or permit, or liquor control license is sought shall class C beer permit having more than one (1) meet the following requirements: place of business where such beer is sold (1) No liquor control license, shall be required to have a separate beer per-wine permit, or beer permit shall be mit for each separate place of business, ex-approved for premises which do not cept as otherwise prohibited by state law. conform to all applicable laws, provi- (b) A class B wine permittee having more sions of this Code, and other ordin- than one (1) place of business where wine is ances, resolutions, and health and sold shall obtain a separate permit for each fire regulations. place of business. (2) No licensee shall have or Sec. 5-23. Application; Bond. maintain any interior access to resi- A verified application for the original is-dential or sleeping quarters unless suance or the renewal of a liquor control li-permission is granted by the adminis- cense, wine permit, or beer permit shall be trator in the form of a living quarters filed at such time, in such number of copies, permit. and in such form as the state director of beer (3) The premises for which a re- and liquor control shall prescribe, on forms tail beer permit is sought shall be lo- prescribed by the state director of beer and cated within a business district or an liquor control. The application shall be accom-area now or hereafter zoned to permit panied by the fee, if required, and bond and such business and shall conform to shall be filed with the City Clerk for submission the zoning requirements of the City. to the City Council for approval or disapproval. However, no class B beer permit shall Sec. 5-24. Persons Eligible. be issued for premises located in lo- Upon meeting the requirements imposed cal business A district classification by state law, the provisions of this Code, and unless a public hearing is first held other ordinances of the City, a person who is therefore and due notice of such pub- of good moral character may apply for a liquor lic hearing has first been given. control license, wine permit, or beer permit. In (4) The premises of a retail beer the case of a club, corporation, or partnership, permittee shall, at the time of the ap- the officers of the club or corporation and the plication, continue to be equipped partners of a partnership shall be persons of with sufficient tables and seats to ac- good moral character as defined by state law commodate twenty five (25) people at and this Chapter. one time. Sec. 5-25. Reserved. Sec. 5-28. Proof of Financial Responsibility. Sec. 5-26. Investigation of Applicant and Each liquor control licensee and retail beer Premises. permittee shall furnish proof of financial re- Upon receipt of an original application for a sponsibility either by the existence of a liability liquor license, wine permit, or beer permit by insurance policy or by posting bond in such the City Clerk, it shall be forwarded to the amount as shall be determined by the Division. Chief of Police who shall conduct an investiga-Sec. 5-29. Fees and Surcharges. tion and shall submit a written report on the Fees and surcharges shall be submitted applicant as to the truth of the facts averred in with the respective application for a beer per- the application and a recommendation to the mit, wine permit, or liquor control license in City Council as to the approval of the license accordance with the requirements of the Code or permit. It shall be the duty of the Health, of Iowa. Building, and Fire Departments to inspect the Sec. 5-30. Action by the City Council; For- premises to determine if it conforms to the warding of Documents to the State. requirements of the City and no license or Action taken by the City Council shall be so permit shall be approved until or unless an endorsed on the application and thereafter the 68 Regular Session, February 16, 2009 Book 139 application, necessary fee, and bond, if re-the time of the surrender a complaint filed with quired, shall be forwarded to the Division for the department or the City charging him with a such further action as is provided by law. violation of this Chapter or any provision of the Sec. 5-31. Nature and Scope of License or Iowa Alcoholic Beverage Control Act. If upon Permit. hearing any such complaint, the license or A liquor control license or beer or wine permit is not revoked or suspended, then the permit shall be a purely personal privilege and licensee or permittee shall be eligible, upon shall be revocable for cause; it shall not consti-surrender of the licensee's or permittee's li- tute property nor be subject to attachment and cense or permit, to receive a refund as pro- execution, nor be alienable nor assignable vided in this Section; but if the licensee's or and, in any case, it shall cease upon the death permittee's license or permit is revoked or of the permittee or licensee; however, the Di-suspended upon the hearing, he shall not be rector may in the Director's discretion allow the eligible for the refund of any portion of the li- executor or administrator of a permittee or censee's or permittee's license or permit fee. licensee to operate the business of the dece-No refund shall be made for seasonal licenses dent for a reasonable time, not to exceed the or permits. expiration date of the permit or license. Each Sec. 5-34. Term of License or Permit; Sea- permit or license shall be issued in the name sonal Licenses and Permits. of the applicant and no person holding a per-All liquor control licenses, wine permits, mit or license shall allow any other person to and beer permits, unless sooner suspended or use it. revoked, shall expire one (1) year from the Sec. 5-32. Transferability as to Location. date of issuance. Six (6) or eight (8) month The City Council may, in its discretion, au-seasonal licenses, wine permits, or beer per- thorize a licensee or permittee under this Ar-mits may be issued for a proportionate part of ticle to transfer the license or permit from one the license or permit fee. No seasonal license location to another within the City, provided or permit shall be renewed except after a pe- that the premises to which the transfer is to be riod of two (2) months. Seasonal licensing made would have been eligible for a license or shall be only as permitted by the Code of Iowa. permit in the first instance and the transfer will Sec. 5-35. Application for Renewal. not result in the violation of any law, provisions Upon receipt of an application for the re- of this Code, or other City ordinance. newal of a liquor license, wine permit, or beer Sec. 5-33. Surrender of Permit or License; permit, it shall be forwarded to the Chief of Refund of Fee. Police who shall conduct an investigation and Any licensee or permittee under this Ar-shall submit a written report on the applicant ticle, or any licensee's or permittee's executor, as to the truth of the facts answered in the administrator, or any person duly appointed by application and a recommendation to the City a court to take charge of and administer the Council as to the approval of the license or property or assets of the licensee or permittee permit. for the benefit of the licensee's or permittee's Sec. 5-36. Suspension and Revocation- creditors may voluntarily surrender such li-Generally; Grounds. cense or permit to the Division, and when so (a) In addition to the penalties of this Ar- surrendered, the Division shall notify the City. ticle, the City Council may suspend a license The Division and the City, or the City by itself or permit issued pursuant to this Chapter for a in the case of a retail beer permit, shall refund period not to exceed one (1) year, revoke the to the person so surrendering the license or license or permit, or impose a civil penalty not permit a proportionate amount of the fee paid to exceed one thousand dollars ($1,000.00) for such license or permit as follows: per violation. Before suspension, revocation, If surrendered during the first three (3) or imposition of a civil penalty, the license or months of the period for which the license or permit holder shall be given written notice and permit was issued, the refund shall be three-an opportunity for a hearing. fourths (3/4) of the amount of the fee; if sur-(b) A license or permit issued under this rendered more than three (3) months, but not Chapter may be suspended or revoked or a more than six (6) months after issuance, the civil penalty may be imposed on the license or refund shall be one-half (1/2) of the amount of permit holder for any of the following causes: the fee; if surrendered more than six (6) (1) Misrepresentation of any months, but not more than nine (9) months material fact in the application for the after issuance the refund shall be one-fourth license or permit. (1/4) of the amount of the fee. No refund shall (2) Violation of any of the provi- be made, however, for a liquor control license sions of this Chapter. or beer permit surrendered more than nine (9) (3) Any change in the owner- months after issuance. No refund shall be ship or interest in the business oper- made to any licensee or permittee upon the ated under a class A, class B, or surrender of his license or permit, if there is at class C liquor control license, or any Book 139 Regular Session, February 16, 2009 69 wine or beer permit, which change or beer permit shall be suspended for was not previously reported to and a period of thirty (30) days. approved by the local authority and (3) Upon a third conviction with- the Division. in a period of three (3) years, the vi- (4) An event which would have olator's liquor control license, wine, or resulted in disqualification from re-beer permit shall be suspended for a ceiving the license or permit when period of sixty (60) days. originally issued. (4) Upon a fourth conviction (5) Any sale, hypothecation, or within a period of three (3) years, the transfer of the license or permit. violator's liquor control license, wine, (6) The failure or refusal on the or beer permit shall be revoked. part of the licensee or permittee to Sec. 5-38. Appeal and Hearing. render any report or remit any taxes The right of appeal to the Alcoholic Beve- to the Division under this Chapter rage Division Hearing Board shall be afforded when due. a liquor control licensee, wine permittee, or (c) A criminal conviction is not a prere-beer permittee whose license or permit has quisite to suspension, revocation, or imposition been suspended, revoked, or denied. of a civil penalty pursuant to this Section. Sec. 5-39. Effect of Revocation. (d) The City Council may suspend any Any liquor control licensee or beer or wine retail wine or beer permit or liquor control li-permittee whose license or permit is revoked cense for a violation of this Ordinance or any under the Code of Iowa shall not thereafter be of the provisions of the Code of Iowa. permitted to hold a liquor control license or a (e) If the cause for suspension is a first beer or wine permit in the State for a period of offense violation of the Code of Iowa, the City two (2) years from the date of the revocation. Council shall impose a penalty in the amount The spouse and business associates holding of three hundred dollars ($300.00) in lieu of ten percent (10%) or more of the capital stock suspension of the license or permit. or ownership interest in the business of a per- Sec. 5-37. Suspension and Revocation-son whose license or permit has been revoked Specific Terms. shall not be issued a liquor control license or (a) The conviction of any liquor control li-beer or wine permit, and no liquor control li- censee, wine permittee, or beer permittee for a cense or beer or wine permit shall be issued violation of any of the provisions of this Chap-which covers any business in which such per- ter shall be grounds for the suspension or re-son has a financial interest for a period of two vocation of the license or permit by the Divi-(2) years from the date of such revocation. In sion or the City. However, if any liquor control the event a license or permit is revoked, the licensee is convicted of any violation of the premises which had been covered by the li- Code of Iowa or any beer permittee convicted cense or permit shall not be relicensed for one of a violation of the Code of Iowa, the liquor (1) year. control license, wine, or beer permit shall be revoked and shall immediately be surrendered Published officially in the Telegraph Herald th by the holder and the bond of the license or Newspaper the 20 day of February, 2009. permit holder shall be forfeited to the Division. /s/Jeanne F. Schneider, CMC, City Clerk (b) If any licensee, wine permittee, beer permittee, or employee of such licensee or Chapter 46 – Taxicab Ordinance Amend- permittee shall be convicted of a violation of ment: City Manager recommending approval the Code of Iowa or a retail beer permittee of changes to the Taxicab Ordinance to pro- shall be convicted of a violation of this Chap-vide an exemption for non-profit taxicab ser- ter, the City shall, in addition to the other pe-vices and an exemption for charter transporta- nalties fixed for such violations by this Section, tion. Motion by Jones to receive and file the assess a penalty as follows: documents and that the requirement that a (1) Upon a first conviction, the proposed ordinance be considered and voted violator shall be assessed a civil pe-on for passage at two Council meetings prior nalty in the amount of three hundred to the meeting at which it is to be passed be dollars ($300.00). Failure to pay the suspended. Seconded by Connors. Motion civil penalty will result in automatic carried 7-0. suspension of the license or permit Motion by Jones for final consideration and for a period of fourteen (14) days, in passage of Ordinance No. 11-09 Amending addition to the civil penalty of three the City of Dubuque Code of Ordinances by hundred dollars ($300.00). repealing Chapter 46 Vehicles for Hire and (2) Upon a second conviction Public Transportation and adopting a new within a period of two (2) years, the Chapter 46 Vehicles for Hire and Public violator's liquor control license, wine, Transportation in lieu thereof. Seconded by Connors. Assistant City Attorney Crenna 70 Regular Session, February 16, 2009 Book 139 Brumwell clarified that these vehicles would be The operation of a non-motorized vehicle governed by Chapter 32 of the City Code of shall meet the following requirements: Ordinances and Chapter 321 of the Iowa State (a) The driver of a non- Code for vehicle safety. Motion carried 7-0. motorized vehicle shall be a person who is at least eighteen (18) years of OFFICIAL PUBLICATION age and holds a valid motor vehicle ORDINANCE NO. 11-09 operator’s license. AMENDING THE CITY OF DUBUQUE CODE (b) The months of operation OF ORDINANCES BY REPEALING CHAP- shall be year-round beginning April 1st. TER 46 VEHICLES FOR HIRE AND PUBLIC (c) Non-motorized vehicles shall TRANSPORTATION AND ADOPTING A be operated only on routes within the NEW CHAPTER 46 VEHICLES FOR HIRE Main Street District Cultural Corridor AND PUBLIC TRANSPORTATION IN LIEU as established by the City Manager. THEREOF. The City Manager may require such NOW, THEREFORE, BE IT ORDAINED BY routes to be changed at any time in THE CITY COUNCIL OF THE CITY OF DU-the event of a sudden hazard, con- BUQUE, IOWA: struction, special event, or for such Section 1. Chapter 46 of the City of Dubuque other reason as the City Manager de- Code of Ordinances is amended as set forth in termines to be necessary. the attached Chapter 46 Vehicles for Hire and (d) Non-motorized vehicles shall Public Transportation. be allowed to stop, stand, or park at Section 2. This Ordinance shall take effect on any non-restricted meters in the Main publication. Street District Cultural Corridor. th Passed, approved and adopted the 16day of (e) When collecting fees or pick- February, 2009. ing up or dropping off passengers, /s/Roy D. Buol, Mayor the driver shall stop, stand, or park Attest: the vehicle only in approved locations /s/Jeanne F. Schneider, CMC, City Clerk or parallel to the curb, taking care not to block traffic lanes, crosswalks, or Chapter 46 intersections, or to otherwise impede VEHICLES FOR HIRE AND PUBLIC TRANS-the flow of vehicular or pedestrian PORTATION traffic. ARTICLE I. PUBLIC TRANSPORTATION BY (f) Non-motorized vehicles shall NON-MOTORIZED VEHICLES be operated only on City streets and DIVISION 1. GENERALLY shall not be operated on sidewalks. Sec. 46-1. Definitions. (g) The driver of a non- The following words and phrases, when motorized vehicle shall not conduct used in this Article, shall have the following business on private property without meanings: the prior consent of the property Driver means any person who operates a owner. non-motorized vehicle in the transportation of (h) Passengers shall be limited passengers and who receives any compensa-to the passenger compartment of the tion for such service in wages or commissions vehicle and shall not board or exit the or who is otherwise paid, directly or indirectly. vehicle while it is in motion or in a Horse-drawn carriage means a chauf-traffic lane or intersection. feured non-motorized vehicle pulled by horses (i) No open alcoholic beverage and engaged in the business of carrying pas-containers or consumption of alcohol- sengers. ic beverages shall be allowed in a Non-motorized vehicle means any con-vehicle or in the possession of the veyance designed to carry a driver and pas-driver or passengers. sengers which is propelled by a means other (j) The operator of a business than a motor. providing non-motorized vehicle Pedicab means a chauffeured non-transportation shall post notices in motorized vehicle, propelled by pedals, en-each vehicle and in each waiting gaged in the business of carrying passengers. room or at each station owned or Sec. 46-2. Rates. used by the operator stating the No person shall operate a non-motorized charges and routes or methods of vehicle without posting in clear view within the operation. passenger compartment a printed rate card (k) Non-motorized vehicles shall large enough to be read by the passengers in be equipped with headlights, tail- the vehicle, showing the rates. lights, reflectors, and a slow-moving Sec. 46-3. Operation Requirements. vehicle sign. Book 139 Regular Session, February 16, 2009 71 (l) The owner or driver of a (b) The City Manager shall cause the non-motorized vehicle shall keep it in Chief of Police to investigate each application a safe and operating condition at all for a non-motorized transportation business times. The Chief of Police is hereby license and a report of such investigation shall authorized, either on complaint of any be submitted by the Chief of Police to the City person or without such complaint, to Manager. inspect the non-motorized vehicle Sec. 46-6. Consideration of Application. and upon discovery of any unsafe The City Manager shall, upon considera- condition, to notify the person operat-tion of the application and the information re- ing the vehicle to cease operation. quired herein, approve or reject the applica- Thereupon said non-motorized ve-tion. If the application is rejected, the applicant hicle shall be kept off the street until may file with the City Clerk a written notice of unsafe condition has been corrected. appeal from the City Manager’s decision. DIVISION 2. NON-MOTORIZED VEHICLE Sec. 46-7. Fees. TRANSPORTATION BUSINESS LICENSE At the time of filing the application, the ap- Sec. 46-4. Business License Required. plicant shall pay to the City Manager a non- No person shall operate a pedicab, horse-refundable application business fee estab- drawn carriage, or other non-motorized pas-lished by the City Manager. At the time of is- senger transportation business for the purpose suance of a non-motorized vehicle license, the of public transportation, whether or not pas-applicant shall pay to the City Manager a non- sengers are charged for the service, without motorized vehicle license fee established by first obtaining an annual license therefore as the City Manager. provided in this Article. Sec. 46-8. Insurance. Sec. 46-5. Application for Business Li-Prior to the issuance of a license, the ap- cense. plicant shall submit to the City Manager proof (a) An application for a non-motorized of, and shall maintain at all times during opera- transportation business license shall be filed tion of the business, such insurance as the with the City Manager on a form provided by City Manager shall determine appropriate. the City Manager. The application shall contain Sec. 46-9. Renewals. the following information All licenses under this Article shall expire (1) The name of the applicant. on March 31st of each year. (2) The name and address of Sec. 46-10. Display. each of the principal officers of the The non-motorized transportation license business and the name and address shall be fastened upon the vehicle and shall of each partner, trustee, owner, or not be removed until the expiration of the li- other person with a financial interest cense. in the applicant. Sec. 46-11. Suspension and Revocation of (3) A description of the me-License. thods, procedures, hours of opera-A license may be revoked or suspended by tion, and equipment to be used. the City Manager for a violation of any of the (4) A map of the City showing provisions of this Article, any other ordinances the locations of proposed routes or of the City, or laws of the United States or the methods of operation, including pro-state of Iowa which demonstrate the lack of posed stations to stop, stand, or park fitness of the licensee to offer public transpor- vehicles to pick up and drop off pas-tation. sengers and proposed locations to The licensee shall be given not less than store or keep vehicles, animals, and ten (10) day written notice of the proposed equipment related to the operation. action to be taken prior to suspension or revo- (5) The identification, descrip-cation. The licensee may file with the City tive information, and photographs of Clerk a written notice of appeal to the City each non-motorized vehicle. Council from the suspension or revocation. (6) The names, addresses, and Sec. 46-12. Transfer Restricted. dates of birth of all drivers of non-No non-motorized transportation business motorized vehicles. Such information license may be sold, assigned, mortgaged, or shall be updated with the City Man-otherwise transferred. ager for each new driver before any Sec. 46-13 – 46-14. Reserved. driver operates a non-motorized ve-DIVISION 3. NON-MOTORIZED VEHICLE hicle for the purpose of public trans-DRIVER’S LICENSE portation. Sec. 46-15. Non-Motorized Vehicle Driver’s Falsification of information on an application License. shall be grounds for denial or revocation of a No person shall operate a non-motorized license. vehicle for hire upon the streets of the City and no person who owns or controls such vehicle 72 Regular Session, February 16, 2009 Book 139 shall permit it to be so driven, and no such Driver means any person who operates a vehicle shall be so driven at any time for hire, motor vehicle in the transportation of persons unless the driver of such vehicle shall have and who receives any compensation for such first been issued a driver's license under the service in wages or commissions or who is provisions of this Article. otherwise paid, directly or indirectly. Sec. 46-16. Application for Driver’s Li-Extra luggage means luggage in excess of cense. two (2) suitcases per person. (a) An application for a driver's Manifest means a daily record prepared by license shall be filed with the City a taxicab driver of all trips made by said driver Manager on a form provided by the showing time and place of origin, destination, City Manager. number of passengers, and the amount of fare (b) The City Manager shall of each trip. cause the Chief of Police to investi-Motorized vehicle means a machine which gate each applicant for a license and incorporates a motor, sometimes known as an a report of such investigation shall be engine, and which is used for transportation. submitted to the City Manager. Such Non-profit taxicab means a vehicle fur- report shall state whether or not the nished with a driver that carries passengers on applicant has a valid motor vehicle a volunteer basis. The vehicle shall operate operator’s license. without a meter installed and charge for ser- Sec. 46-17. Consideration of Application. vices per ride or on an hourly basis or longer The City Manager shall, upon considera-periods of time. tion of the application and the reports required Open stand means a public place along- by this Article, approve or reject the applica-side the curb of a street or elsewhere in the tion. City that has been designated by the City Sec. 46-18. Issuance of License; Duration; Manager as reserved exclusively for the use of Annual Fee. taxicabs. (a) Upon approval of an applica-Operator or holder means a person to tion for a license, the City Manager whom an operator permit has been issued by shall issue a license to the applicant the City. upon the payment of an annual fee as Rate card means a card issued by the op- determined by the City Manager. erator for display in each taxicab and that con- Such license shall be in effect for the tains the rates of fare then in force. remainder of the calendar year. The Related group means a single telephone license shall be renewed every ca-call to the taxicab company to pick up more lendar year thereafter upon the pay-than one person with no more than two (2) ment of an annual fee unless the li-suitcases per person from the same point of cense for the preceding year is in origin to the same destination. suspension or has been revoked. Taxicab means all vehicles furnished with (b) The driver shall wear the li-a driver which carry passengers for hire within cense upon the clothing of the driver the City. Charter transportation, as defined in at all times during the operation of the this Section, non-profit taxicabs, and vehicles vehicle. owned or operated by any governmental entity Sec. 46-19. Failure to Comply with City, that provide public transportation are not tax- State, and Federal Laws. icabs. A driver licensed under this Article shall Taximeter means a meter instrument or comply with all applicable City, state, and fed-device attached to a taxicab which measures eral laws. electronically the distance driven and the wait- ARTICLE II. MOTORIZED VEHICLES FOR ing time upon which the fare is based. HIRE Waiting time means the time when a tax- DIVISION 1. GENERALLY icab is not in motion from the time of accep- Sec. 46-20. Definitions. tance of a passenger or passengers to the The following words and phrases, when time of discharge, but does not include any used in this Article, shall have the following time that the taxicab is not in motion if due to meanings: any cause other than the request, act, or fault Charter transportation means a vehicle of a passenger or passengers. furnished with a driver that carries passengers Vehicle for hire is a vehicle providing for hire either on a fixed route in the City or shared transportation which transports one (1) pursuant to a written contract with reservations or more passengers between locations of the in advance of the service. The vehicle shall passengers' choice, or close to it. operate without a meter installed and charge Sec. 46-21. Exemptions. for services on an hourly basis or longer pe-Non-profit taxicabs and charter transporta- riods of time. tion shall be exempt from the provisions of this Chapter. Book 139 Regular Session, February 16, 2009 73 Sec. 46-22. Taximeter Required. such complaint, to inspect the vehicle No person shall operate a taxicab without a and, upon discovery of any unsafe taximeter fastened in front of the passengers, condition, to notify the person operat- visible to them at all times day and night, and ing said taxicab to cease operation. after sundown the face of the taximeter shall Thereupon said taxicab shall be kept be illuminated. off the street until the unsafe condi- Sec. 46-23. Rates. tion has been corrected. No person shall operate a taxicab without Sec. 46-27 – 46-29. Reserved. posting in a conspicuous place, in clear view DIVISION 2. PERMITS AND LICENSES within the passenger compartment, a printed Sec. 46-30. Operator Permit Required. rate card large enough to be read by the pas-No person shall operate a taxicab business sengers in the taxicab showing the rates. without first having obtained a taxicab opera- Sec. 46-24. Manifests. tor's permit from the City Manager. (a) Every driver shall maintain a Sec. 46-31. Application for Operator's daily manifest upon which are rec-Permit. orded all trips made each day, show-(a) An application for a taxicab ing time and place or origin and des-operator permit shall be filed with the tination of each trip and amount of City Manager's Office on a form pro- fare and all such completed manifests vided by the City. shall be returned to the owner by the (b) The City Manager shall driver at the conclusion of the tour of cause the Chief of Police to investi- duty. The form for each manifest shall gate each applicant for a taxicab op- be furnished to the driver by the own-erator permit and a report of such in- er. vestigation shall be attached to the (b) Every holder of an operator application for consideration by the permit shall retain and preserve all City Manager. drivers' manifests in a safe place for Sec. 46-32. Consideration of Application. at least the calendar year and said The City Manager shall, upon considera- manifests shall be open to inspection tion of the application and the reports required by the Police Department. to be attached thereto, approve or reject the Sec. 46-25. Open Stands. application. If the application is rejected, the (a) The City Manager is hereby applicant may appeal the City Manager’s deci- authorized and empowered to estab-sion to the City Council. lish open stands in such place or Sec. 46-33. Insurance Prerequisite to Is- places upon the streets of the City as suance, Continuance in Effect. deemed necessary for the use of tax-The taxicab operator shall provide insur- icabs operated in the City. The City ance as required by the City Manager. Manager shall prescribe the number Sec. 46-34. Fees. of cabs that shall occupy such open No taxicab operator permit shall be issued stands. or renewed unless the holder thereof has paid (b) Open stands shall be used an annual permit fee established by the City by the different drivers on a first-come Manager for the right to engage in the taxicab first-serve basis. The driver shall pull business and an annual fee established by the on to the open stand from the rear City Manager for each vehicle in such taxicab and shall advance forward as the business. Such fees shall be for one (1) year cabs ahead pull off. Drivers shall stay commencing April 1st. within five (5) feet of their cabs and Sec. 46-35. Suspension and Revocation of shall not engage in loud or boisterous Operator Permit. talk while at an open stand. Nothing An operator permit may be revoked or in this Article shall be construed as suspended by the City Manager if the holder preventing a passenger from board-thereof has violated any of the provisions of ing the cab of the passenger's choice this Article, discontinued operations for more that is parked at open stands. than sixty (60) days, or violated any ordin- Sec. 46-26. Vehicles, License, and Main-ances of the City or laws of the United States tenance. or the state, the violations of which demon- (a) No person shall operate a strate the lack of fitness of the holder to offer vehicle used as a taxicab unless it is public transportation. licensed by the state. Prior to suspension or revocation, the op- (b) The owner or driver of a tax-erator shall be given not less than (10) days icab shall keep it in a safe and oper-written notice. The driver may file with the City ating condition at all times. The Chief Clerk a written notice of appeal to the City of Police is hereby authorized, either Council from such suspension or revocation. on complaint of any person or without Sec. 46-36. Tag to be Fastened to Vehicle. 74 Regular Session, February 16, 2009 Book 139 The taxicab license tag or plate issued by The City Manager may suspend or revoke the City as evidence of an operator permit a driver's license if a driver fails or refuses to shall be fastened upon the vehicle and shall comply with the provisions of this Article. The not be removed until the expiration of the per-driver shall be given not less than ten (10) day mit. written notice prior to the suspension or revo- Sec. 46-37. Transfer Restricted. cation. The driver may file with the City Clerk a No taxicab operator permit may be sold, written notice of appeal to the City Council assigned, mortgaged, or otherwise transferred from such suspension or revocation. without the consent of the City Council. Sec. 46-44 – 46-55. Reserved. Sec. 46-38. Taxicab Driver's License. Published officially in the Telegraph Herald th No person shall operate a taxicab for hire Newspaper the 20 day of February, 2009. upon the streets of the City and no person who /s/Jeanne F. Schneider, CMC, City Clerk owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the City Snow and Ice Control Budget: City Manag- shall be so driven at any time for hire, unless er submitting an update on the current snow the driver of said taxicab shall have first been and ice control budget and recommending that issued a taxicab driver's license under the certain projects be canceled and rebudgeted in provisions of this Article. Fiscal Year 2011. Motion by Lynch to receive Sec. 46-39. Application for Driver's Li-and file the documents and approve the rec- cense. ommendation. Seconded by Connors. Motion (a) An application for a taxicab carried 7-0. driver's license shall be filed with the City Manager's Office on a form pro-Fiscal Year 2010 Wage Plan and Compen- vided by the City Manager. sation Package for Non-Bargaining Unit Em- (b) The City Manager shall ployees and City Council Compensation Direc- cause the Chief of Police to investi-tion: City Manager recommending approval of gate each applicant for a taxicab li-the Fiscal Year 2010 Wage Plan and Com- cense and a report of such investiga-pensation Package for Non-Bargaining Unit tion shall be attached to the applica-Employees and requesting direction regarding tion for consideration by the City City Council compensation. Motion by Connors Manager. Such report shall state to receive and file the documents and adopt whether or not the applicant has a va-Resolution No. 76-09 Approving the Wage and lid Iowa driver's license. Compensation Package for Non-Bargaining Sec. 46-40. Consideration of Application. Unit Employees for Fiscal Year 2010. The City Manager shall, upon considera-Seconded by Jones. Motion carried 7-0. tion of the application and the reports required Connors moved that the City Council ap- to be attached thereto, approve or reject the point a compensation task force for the pur- application. pose of determining annual compensation for Sec. 46-41. Issuance of License; Duration; the incoming Council Members. Seconded by Annual Fee. Resnick. Buol clarified that according to State (a) Upon approval of an applica-Code, the year in which the majority of Council tion for a taxicab driver's license, the Members are up for election is when a salary City Manager shall issue a license to increase for the incoming Council is decided the applicant upon the payment of the upon. With respect to scheduling, City Attorney fee as established by the City Man-Lindahl clarified that this decision cannot be ager. Such license shall be in effect made in November and December per State for the remainder of the calendar Code. Van Milligen added that it was not cru- year. The license shall be renewed cial to the Fiscal Year 2010 budget process. every calendar year thereafter upon Council concurred that each member is to the payment of the fee as established submit the name of one community member to by the City Manager unless the li-the City Clerk who will facilitate the compensa- cense for the preceding year is in tion task force. Lynch stated that he is in favor suspension or has been revoked. of the employee compensation increase but (b) The driver shall wear the li-uncomfortable with an increase for City Coun- cense upon the clothing of the driver. cil Members at this time. Voetberg concurred Sec. 46-42. Failure to Comply with City, with Lynch adding that he would vote against a State, and Federal Laws. task-force recommended increase. Connors Every driver licensed under this Article stated that the concept of each Council Mem- shall comply with all City, state, and federal ber appointing a person of their choosing to a laws. compensation task force keeps the process Sec. 46-43. Suspension and Revocation of open and transparent, and involves citizen License. input. Resnick concurred with Connors adding that it is about the incoming Council. Jones Book 139 Regular Session, February 16, 2009 75 stated that he believed a task force is the best suant to Chapter 21.5(1)(j) of the Code of Iowa. direction and suggested a bi-weekly salary pay Seconded by Voetberg. Motion carried 7-0. schedule. Braig stated that she believes it is Upon motion the City Council reconvened about the value of public service and con-in open session at 8:19 p.m. stating that they curred with Lynch but added that she preferred had given staff proper direction. the idea of a task force to preserve continuity. Motion carried 4-3 with Lynch, Voetberg, and There being no further business, upon mo- Braig voting nay. tion the City Council adjourned at 8:20 p.m. RESOLUTION NO. 76-09 /s/Jeanne F. Schneider, CMC APPROVING THE WAGE PLAN AND COM- City Clerk PENSATION PACKAGE FOR NON- BARGAINING UNIT EMPLOYEES FOR FIS- CAL YEAR 2010. Whereas, the City Manager has recom- mended that the Non-bargaining Unit Wage Plan for General Employee classifications and the Non-assigned classifications be increased by 3.5% across-the-board effective July 1, 2009; Whereas, the City Council provides a com- pensation package to Non-bargaining Unit employees similar to the compensation pack- age to be received by Bargaining Unit em- ployees; and Whereas, the proposed wage increase for Non-bargaining Unit employees is consistent with the wage increase to be received by em- ployees represented by the Firefighters Asso- ciation, Police Officers Association, Teamsters Union and Operating Engineers Union bar- gaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Non-bargaining Unit Wage Plan for General Employee classifica- tions and Non-assigned classifications is here- by approved. th Passed, approved and adopted this 16 day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Braig reported on her recent trip to Wash- ington D.C. with the Chamber of Commerce stating that the opportunity to speak with legis- lators was extremely worthwhile and beneficial to the City of Dubuque. Voetberg informed City Council that he has been appointed to the Community and Eco- nomic Development Committee for the Nation- al League of Cities. Connors reported that she has been ap- pointed to the Human Development Commit- tee for the National League of Cities. CLOSED SESSION Motion by Jones to go into closed session at 8:11 p.m. regarding pending litigation pur- 76 Special Session, February 17, 2009 Book 139 CITY OF DUBUQUE, IOWA does not fall under the Purchase of Service budget and the affect funding it would have on CITY COUNCIL property taxes or other recurring budget items OFFICIAL over three years if it was added back into the PROCEEDINGS budget. Council reached consensus on holding this item until the final budget hearing. The Dubuque City Council met in special Park Division: Park Division Manager Bob session at 6:30 p.m. on February 17, 2009 in Fritsch presented the division’s budget. In re- the Historic Federal Building. sponse to questions from City Council, Leisure Services Manger Gil Spence stated that the Present: Mayor Buol, Council Members money budgeted in FY 2009 for the dog park Braig, Connors, Jones, Lynch, Resnick, Voet- relocation has not been expended. The de- berg, City Manager Van Milligen partment is looking for a grant source to con- sider relocation and possibly an expanded Mayor Buol read the call and stated this is concept. Spence did not anticipate an expendi- a special session of the City Council called for ture of City funds until a plan is in place or the purpose of discussing various City depart- unless a satisfactory option occurs to warrant mental budgets. spending. Council discussed the status of the Grandview Avenue dog park. Buol and Res- Fiscal Year 2010 Departmental Budgets nick agreed that the dog park should be taken were presented by staff from the following City down and relocated. Spence informed Council departments: Five Flags Civic Center, Confe- that the Catfish Creek Hike/Bike Trail is in the rence Center, Recreation Division, Park Divi- conceptual stage with property owner input yet sion, Information Services, and the Cable TV to come. Fritsch clarified where the City ob- Division. tains its mulch for high and low profile areas. Dana Livingston, 808 Lacy Court, expressed City Council had discussion with staff on his appreciation for the Multicultural Family the following budget areas: Center, the Park and Recreation Divisions, and for the City Council’s good work. Five Flags Civic Center: In response to questions from City Council, Leisure Services Information Services: In response to ques- Manager Gil Spence stated that due to having tions by City Council, Information Services ice in the arena, the ceiling requires painting Manager Chris Kohlmann explained that every 7-10 years. He believed the schedule “unique visitors” to the City’s website are visi- can now be lengthened with the installation of tors that can be identified electronically. Coun- the dehumidifier system. cil thanked the IS staff for their assistance. Conference Center: In response to ques- Cable TV Division: Cable TV Coordinator tions from City Council, Leisure Services Man- Craig Nowack presented a DVD on the divi- ager Gil Spence stated that he would check for sion’s activities. Council thanked staff for the exterior containers for cigarettes and appropri- quality programming now being produced for ate smoking areas. Addressing revenue is- City Channel 8. sues, Van Milligen explained that unlike the Five Flags Center, the City pays a flat fee to There being no further business, upon mo- Platinum Hospitality for the operation and tion the City Council adjourned at 8:46 p.m. maintenance of the Grand River Center and the City pays for capital projects for the facility. /s/Jeanne F. Schneider, CMC He added that the City will be scheduling an City Clerk audit of Platinum’s books to verify if the firm is leveraging the facility appropriately and com- petitively. Spence stated that a study is needed to review options for recovering the lower portions of meeting room walls in order to make them more functional. Recreation Division Manager Pat Prevenas presented the division’s budget. Council dis- cussed reconsideration of the three-year re- quest for St. Mark Community Center’s Kids Connection program as it relates to the City Council’s priority for Every Child/Every Prom- ise. Van Milligen explained why this request Book 139 Special Session, February 19, 2009 77 CITY OF DUBUQUE, IOWA month process. He added that it could be an option. CITY COUNCIL OFFICIAL Planning Services Department: Planning PROCEEDINGS Services Manager Laura Carstens presented the Planning Services Department’s Fiscal Year 2010 budget. Upon questioning by City The Dubuque City Council met in special Council, Carstens stated that the Unified De- session at 6:30 p.m. on February 19, 2009 in velopment Code is expected to be completed the Historic Federal Building. June 30, 2009. Present: Mayor Buol, Council Members Economic Development: Economic Devel- Braig, Connors, Jones, Lynch, Resnick, Voet- opment Director Dave Heiar recognized Assis- berg, City Manager Van Milligen tant Economic Development Director Aaron DeJong, public/private partnerships and pre- Mayor Buol read the call and stated this is sented the Economic Development Depart- a special session of the City Council called for ment’s Fiscal Year 2010 budget. the purpose of discussing various City depart- mental budgets. Parking Division: Parking System Supervi- sor Tim Horsfield recognized the division’s PUBLIC HEARING staff and presented the Parking Division’s Fis- cal Year 2010 budget. Upon questioning by Upon motion, the rules were suspended al- City Council, Horsfield stated that the division lowing anyone present to address the City is exploring options for bike racks in combina- Council. tion with parking meters without jeopardizing accessibility as well as placing racks inside 2010 Community Development Block parking ramps. Grant Annual Action Plan: Community Devel- opment Specialist Aggie Tauke introduced Transit Division: Transit Manager Jon Ro- several members of the Community Develop- docker recognized the division’s staff and pre- ment Advisory Commission and presented the sented the Transit Division’s Fiscal Year 2010 CDBG Fiscal Year 2010 Annual Action Plan budget. Upon questioning by City Council, and budget. Tauke explained that the funds Rodocker stated that the contract between the provided by the CDBG program are the same City and First Transit expires in 2 years. City funds referenced in the City’s Purchase of Council Members discussed the budget for the Service program for the Washington Tool Li- requested comprehensive transit study and the brary, Project Concern, and the Hills and expected results, possible purchase of hybrid Dales Senior Center. vehicles, and the issue of full-time and part- time drivers. Ann Michalski, 1520 Altura Drive, Upon motion the rules were reinstated li- expressed her concerns regarding the recom- miting discussion to the City Council. mended transit budget and the reduced num- ber of meetings of the Transit Board of Trus- DEPARTMENTAL BUDGET REVIEW tees. Michalski added that she believed more public input is needed, full-time employees Fiscal Year 2010 Departmental Budgets should be preferred over part-time employees, were presented by staff from the following City and having only four fixed-routes is the source departments: Housing and Community Devel- of the system’s inadequacy. Teamsters Local opment, Planning Services, Economic Devel- #120 Eastern Iowa Director and Business opment, Parking Division, and the Transit Divi- Agent Dave Baker, 3055 Castlewoods Lane, sion. introduced several bus operators and ex- pressed concerns he has over converting full- Housing and Community Development time operator positions to part-time, the lag Department: Housing and Community Devel- time in filling approved positions, and the rec- opment Director David Harris introduced sev- ommendations against adding positions. Baker eral commission members and presented the requested Council consider budgeting for one Housing and Community Development De- fixed-route, full-time operator position in FY partment’s Fiscal Year 2010 Budget. Upon 2010 and added that money could be saved questioning by City Council, Harris explained since additional training would not be neces- that he did not expect the current owners or sary with transitioning part-time employees to renters of the “Eco-Village” program homes to full-time. Pat Healy, 227 Bryant Street, ques- re-occupy the homes once they are moved as tioned the cost and what the advantage would part of the program since it is a 12- to 18- be of the $15,000 GPS Tracking System and 78 Special Session, February 23, 2009 Book 139 CITY OF DUBUQUE, IOWA the approximate $80,000 comprehensive tran- sit study recommended in the FY 2010 budget. CITY COUNCIL Responding to questions by City Council, Ro- OFFICIAL docker provided additional information regard- PROCEEDINGS ing the GPS Tracking Systems and stated that the study would include staffing recommenda- tions and customer price point information. The Dubuque City Council met in special Van Milligen again cautioned City Council session at 6:30 p.m. on February 23, 2009 in Members about funding recurring budget rec- the Historic Federal Building. ommendations with one-time expenditures but would respect the Council’s decision. Shirley Present: Mayor Buol, Council Members VanDeuser, 2217 Queen Street, stated that as Braig, Connors, Jones, Lynch, Resnick, Voet- a user of the transit system, the buses need to berg, City Manager Van Milligen go more places, have longer hours, and that she would be willing to pay more for the ex- Fiscal Year 2010 Departmental Budgets panded service. VanDeuser also stated that were presented by staff from the following City she had not seen the notices requesting public departments: Purchase of Services, Library input on the transit system. Union Steward and Department, Health Services, Fire Depart- Bus Operator Wayne Strohmeyer, 3403 Waller ment. Street, spoke in support of adding full-time positions and questioned why, in his opinion, Purchase of Services: the Transit Department is always overlooked. America’s River Corporation: Board Mem- Mayor Buol preferred to wait for the results of th ber Keith Rahe, 1851 330 Street, Dyersville, the comprehensive transit study before making thanked the City Council for their continued any budgetary changes. support of the activities of the America’s River Corporation and its partners. There being no further business, upon mo- tion the City Council adjourned at 9:18 p.m. Every Child/Every Promise: Executive Di- rector Mae Hingtgen, 2469 Matthew John /s/Jeanne F. Schneider, CMC Drive, thanked the City Council for their con- City Clerk tinued support of the activities of the Every Child/Every Promise program. Helping Services of Northeast Iowa: Pre- vention Supervisor Claire Jones. 480 Blair Drive, provided information on the current ser- vices and future activities of Helping Services of Northeast Iowa. Upon questioning by City Council, Ms. Jones explained how funds are used within the agency. Hills and Dales Senior Center: Executive Director Marilyn Althoff, 2011 Davis Street, provided information on the current services and future activities of the Hills and Dales Se- nior Center and thanked the City Council for their continued support. Referral and Activities Coordinator Casey Leist, 425 Main Street, Colesburg, highlighted information contained on a handout she distributed. Operation: New View Community Action Agency: Executive Director Tom Stovall, 3345 Tibey Court, clarified the process by which members are appointed to the agency’s board and the board’s purpose. Stovall reviewed how the agency does business through other coun- ties and cities and highlighted a handout, which provided information regarding the agency’s activities and budget. Upon question- ing by City Council, Stovall stated that despite receiving one-time economic stimulus funds, Book 139 Special Session, February 23, 2009 79 City funding is also needed to sustain pro-Substance Abuse Services Center, Helping grams. He added that the agency is willing to Services of NE Iowa, and the Washington Tool collaborate with other agencies regarding use Library to fund the Maria House. Staff was of the stimulus funds. Braig informed Stovall requested to determine if Maria House and that even City funding for all purchase of ser-Teresa Shelter were eligible for Community vice contracts should be considered a one-Development Block Grant funds. Van Milligen time funding opportunity. will hold this item for separate discussion at the final budget hearing on March 9, 2009. Project Concern: Child Care Referral: Executive Director Library Department: Director Susan He- Nancy Lewis, 420 Pawnee Court, Galena, nricks introduced members of the Library thanked the City Council for their continued Board of Trustees and several staff member support. Lewis reviewed the agency’s funding and presented the department’s Fiscal Year options, services and activities and noted other 2010 recommended budget. Henricks stated partner agencies. improvement packages #1 and #2 are essen- Foster Grandparent Program: Lewis de-tial and requested City Council reconsider the scribed the process of assigning foster grand-Library’s staffing needs as a part of the reno- parents to students and the funding options vation and expansion and projected increase available for this program in visitors. Henricks informed Council that if Information and Referral: Lewis provided staffing is cut below 61 hours, the Library an overview of the program’s funding options would lose its accreditation and state funding. and activities and described the financial quali-City Council discussion focused on the reality fications required by participants. She added for additional library staff as a result of the that participants are connected to partnering renovation and considered options and what agencies whenever possible and that for most adjustments can be made to meet this need. cases, all funds must go directly to partici-Mayor Buol suggested Henricks provide a re- pants. port to City Council after the renovation’s antic- ipated completion in January 2010 and during Retired and Senior Volunteer Program: Di-the Council’s annual goal setting in August rector Deb Bell, 17516 Melody Circle, thanked 2010. the City Council for their continued support Responding to discussion among City and described the program’s activities and Council Members, Library Board President campaigns. Bell stated that City funding helps Diann Guns stated that this staffing issue was sustain the program’s part-time position. addressed in the initial capital campaign plans through the consideration of an endowment Budget Director Jenny Larson submitted a fund. Guns added that the current staffing re- written communication from the Substance quests are the minimum needed to operate the Abuse Services Center in support of continued renovated Library upon re-opening. Library City funding. Board Member Paula Connors described how the Library meets the City Council’s goals and Executive Director of Opening Doors, Ma-priorities including sustainability, Every ria House, and the Teresa Shelter, Michele Child/Every Promise, and taxpayer value. Brown, 2250 Southway Drive, asked the City Connors added that staff continually reviews Council to reconsider their funding request and the Library’s program schedule for possible introduced board members and staff. Several cost savings through the deletion of unpopular shelter residents and former residents spoke programs. Library Board Member Mike Willis of the assistance they have received through compared the Carnegie-Stout Public Library to the programs offered at these facilities. Maria other libraries across the state and nation-wide House/Opening Doors Program Director Sher-and reiterated the need for staffing as stated ry McDonald, 115 Alpine Street, described the by Ms. Guns and Ms. Connors. many support services the facility provides. Opening Doors Board Member, Lisa Graff, Health Services: Public Health Specialist 3001 N. Cascade Road, reiterated the benefits Mary Rose Corrigan presented the depart- to funding these facilities and thanked City ment’s Fiscal Year 2010 recommended budg- Council for their consideration. Upon question-et. Responding to questions by City Council, ing by City Council, Brown stated that despite Corrigan stated that the Health Services budg- working on many grants, there are not many et has not yet been impacted by a national available for on-going projects, and fund rais-disease outbreak and information regarding ing events can be very labor intensive. outbreaks is distributed to the public as quickly as possible. Following discussion of the Purchase of Services budget, City Council reached con- sensus on possibly reallocating funds from 80 Regular Session, March 2, 2009 Book 139 CITY OF DUBUQUE, IOWA Fire Department: Fire Chief Dan Brown in- troduced the Fire Department’s command staff CITY COUNCIL and presented its Fiscal Year 2010 recom- OFFICIAL mended budget. Responding to questions by PROCEEDINGS City Council, Brown stated that the green roof project planned for Fire Headquarters has been postponed, and the original roof will be The Dubuque City Council met in regular repaired as needed. Brown then stated that session at 6:30 p.m. on March 2, 2009 in the the CPAT pilot program being used in conjunc- Historic Federal Building. tion with Davenport is a program that the de- partment has assessed, has been tested na- Present: Mayor Buol, Council Members tion-wide, and includes many safety factors Braig, Connors, Jones, Lynch, Resnick, Voet- and standards, which benefit test candidates. berg, City Manager Van Milligen, City Attorney Brown added that Dubuque’s firefighters have Lindahl been trained to proctor the program. Local Firefighters’ Union President Dave Beaves Mayor Buol read the call and stated this is questioned the Fire Department’s use of the a regular session called for the purpose of CPAT test license stating that the copyright is discussing such matters which may properly owned by the International Association of Fire- come before the City Council. fighters, and it has not authorized Dubuque or Davenport to administer the test. Mayor Buol Pledge of Allegiance informed Beaves that this issue cannot be addressed as part of the budget hearing. Invocation was provided by Deacon David McGhee, Nativity Catholic Church. There being no further business, upon mo- tion the City Council adjourned at 9:20 p.m. CONSENT ITEMS /s/Jeanne F. Schneider, CMC Motion by Lynch to receive and file the City Clerk documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Con- nors requested (#11) Dubuque Stamping and Manufacturing, Inc. Development Agreement and (#12) Morrison Bros. CEBA Contract be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 2/16 (Special and Regular Meeting), 2/17, 2/19, and 2/23 Proofs of publication of City Council Pro- ceedings of February 2, 9 and 10, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Tim J. Kramer for property damage; Debra A. Heim for property damage; Peter M. and Sarah A. Ross for property damage; Denise Hoag for property damage; State Central Bank vs. City of Dubu- que, et al; Charlotte A. Hansen for vehicle damage; Rowena Boyer for property damage; Rodney C. Miller for property damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Noreen Engelken for personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for property damage; Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage; Gordon Dailey for Book 139 Regular Session, March 2, 2009 81 vehicle damage; Charlotte Hansen for vehicle Section 1. That the dedication of Lot A of damage; Tim Kramer for property damage; Lot 1 of Tranel Place in the City of Dubuque, Debra Heim for property damage; Denise Dubuque County, Iowa, for right-of-way for Hoag for property damage; Peter Ross for street and public utilities as they appear upon property damage; Rowena Boyer for property said Acquisition Plat, be and the same are damage. Upon motion the documents were hereby accepted. received and filed and concurred. Section 2. That the Acquisition Plat is he- reby approved, and the Mayor and City Clerk Iowa League of Cities: Communications are hereby authorized and directed to execute from Alan W. Kemp, Executive Director of the the Plat for and on behalf of the City of Dubu- Iowa League of Cities, advising of the following que, Iowa. appointments: Mayor Roy Buol to the National Section 3. That the City Clerk be and is he- League of Cities Energy, Environment and reby authorized and directed to file the Acqui- Natural Resources (EENR) Committee; Coun-sition Plat and a certified copy of this resolu- cil Member Dirk Voetberg to the Community tion in the office of the Recorder in and for and Economic Development (CED) Commit-Dubuque County, Iowa. nd tee; and Council Member Joyce Connors to Passed, approved and adopted this 2 day the Human Development (HD) Committee. of March, 2009. Upon motion the documents were received Roy D. Buol, Mayor and filed. Attest: Jeanne F. Schneider, CMC, City Clerk Acquisition Plat – Devon Drive: City Man- ager recommending approval of the acquisition Intermodal Facility Location Study – Con- plat for additional right-of-way on Devon Drive sultant Professional Services: City Manager at Dodge Street (US Highway 20), which is recommending approval of the issuance of a necessary to construct a right-turn lane on the Request for Proposals (RFP) for engineering west side of Devon Drive at Dodge Street. services required to design the Port of Dubu- Upon motion the documents were received que Intermodal Transportation Center. Upon and filed and Resolution No. 77-09 Approving motion the documents were received, filed, the Acquisition Plat of a part of Lot 1 of Tranel and approved. Place in the City of Dubuque, Dubuque Coun- ty, Iowa, and accepting the dedication of right-Land and Water Conservation Fund of-way for Devon Drive (Lot A) was adopted. (LWCF) Grant Agreement: City Manager re- commending approval of a Land and Water RESOLUTION NO. 77-09 Conservation Fund (LWCF) grant agreement APPROVING THE ACQUISITION PLAT OF A for the E.B. Lyons Interpretive Center Expan- PART OF LOT 1 OF TRANEL PLACE IN THE sion. Upon motion the documents were re- CITY OF DUBUQUE, DUBUQUE COUNTY, ceived and filed and Resolution No. 78-09 IOWA, AND ACCEPTING THE DEDICATION Approving a LWCF grant agreement with the OF RIGHT-OF-WAY FOR DEVON DRIVE Iowa Department of Natural Resources for the (LOT A) E.B. Lyons Interpretive Center Expansion was Whereas, Northwest Investments of La-adopted. Crosse, LLC, pursuant to the redevelopment of RESOLUTION NO. 78-09 Lot 1 of Tranel Place have agreed to survey, APPROVING A LWCF GRANT AGREEMENT plat, and dedicate right-of-way along the west WITH THE IOWA DEPARTMENT OF NATU- side of Devon Drive to the City of Dubuque; RAL RESOURCES FOR THE E.B. LYONS and INTERPRETIVE CENTER EXPANSION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an WHEREAS, the City of Dubuque, Iowa, is Acquisition Plat of a part of Lot 1 of Tranel interested in developing outdoor recreational Place in the City of Dubuque, Iowa, prepared facilities on the following described project for by Buesing & Associates; and the enjoyment of the citizenry of City of Dubu- Whereas, upon said plat of Lot A of Lot 1 que, Iowa, and the State Iowa. of Tranel Place in the City of Dubuque, Dubu-Project Title: E.B. Lyons Interpretive que County, Iowa, appears right-of-way for Center Expansion street and public utilities, which the owner, by Total Estimated Cost: $1,476,994 said Acquisition Plat, has dedicated to the pub-Brief Description of Project: The E.B. lic forever; and Lyons Interpretive Center serves as a Whereas, the Acquisition Plat conforms to visitor information center and park of- the laws and statues pertaining thereto. fice for the Mines of Spain. It currently NOW THEREFORE, BE IT RESOLVED serves over 200,000 visitors annually. BY THE CITY COUNCIL OF THE CITY OF Continued success and growth in in- DUBUQUE, IOWA: terpretation and education are signifi- cantly inhibited by current space limi- 82 Regular Session, March 2, 2009 Book 139 tations. Expansion of the Interpretive 6. That it will maintain adequate fi- Center will double its size, create nancial records on the proposed more space for interpretation and project to substantiate claims for education, and make it accessible; cost-sharing. nd and Passed, approved and adopted this 2 day Land and Water Conservation Fund finan-of March, 2009. cial assistance is required for the acquisition or Roy D. Buol, Mayor development of said outdoor recreational facili-Attest: Jeanne F. Schneider, CMC, City Clerk ties, NOW THEREFORE, BE IT RESOLVED Miller Riverview Park – Management BY THE CITY COUNCIL OF THE CITY OF Agreement: City Manager recommending ap- DUBUQUE, IOWA: proval of the Management Agreement for Section 1. That the project described above camping at Miller Riverview Park with Kenneth be authorized. M. Clayton. Upon motion the documents were Section 2. That the City of Dubuque ap-received, filed, and approved. proves the grant agreement with the Iowa De- partment of Natural Resources for Land and Bunker Hill Golf Course – Management Water Conservation Fund financial assistance Agreement: City Manager recommending ap- from the National Park Service in the amount proval of a Management Agreement with of $19,000 on behalf of said City of Dubuque. G.M.S., Inc. (George Stephenson) for the Section 3. That the City of Dubuque certi-Bunker Hill Golf Course for the period begin- fies to the following: ning March 1, 2009 and ending November 30, 1. That it will accept the terms and 2009. Upon motion the documents were re- conditions set forth in the NPS ceived, filed, and approved. Grants-in-Aid Manual and which will be a part of the Project SRF Loan Agreement – Water Pollution Agreement for any grant awarded Control Plant Rehabilitation Project: City Man- under the attached proposal. ager recommending approval of the suggested 2. That it is in complete accord with proceedings approving and authorizing a form the attached proposal and that it of Interim Loan and Disbursement Agreement will carry out the acquisition and authorizing the issuance of a Project Note and/or development in the man-to the Iowa Finance Authority. Upon motion ner described in the proposal and the documents were received and filed and any plans and specifications at-Resolution No. 79-09 Approving and authoriz- tached thereto unless prior ap-ing a form of Interim Loan and Disbursement proval for any change has been Agreement by and between the City of Dubu- received from the Iowa Depart-que and the Iowa Finance Authority, and au- ment of Natural Resources. thorizing and providing for the issuance and 3. That is has the ability and inten-securing the payment of $3,200,000 Sewer tion to finance its share of the Revenue Capital Loan Notes Anticipation cost of the project and that the Project Note, Series 2009, of the City of Dubu- project will be operated and que, Iowa, under the provisions of the Code of maintained at the expense of Iowa, and providing for a method of payment said City of Dubuque for public of said note was adopted. outdoor recreational use. RESOLUTION NO. 79-09 4. That no financial assistance has APPROVING AND AUTHORIZING A FORM been given or promised under OF INTERIM LOAN AND DISBURSEMENT any other federal program or ac- AGREEMENT BY AND BETWEEN THE CITY tivity with regard to the proposed OF DUBUQUE AND THE IOWA FINANCE project. AUTHORITY, AND AUTHORIZING AND 5. That it will not discriminate PROVIDING FOR THE ISSUANCE AND SE- against any person on the basis CURING THE PAYMENT OF $3,200,000 of race, color, or natural origin in SEWER REVENUE CAPITAL LOAN NOTES the use of any property or failure ANTICIPATION PROJECT NOTE, SERIES acquired or developed pursuant 2009, OF THE CITY OF DUBUQUE, IOWA, to this proposal, and shall comply UNDER THE PROVISIONS OF THE CODE with the terms and intent of the OF IOWA, AND PROVIDING FOR A ME- Title VI of the Civil Rights Act of THOD OF PAYMENT OF SAID NOTE 1964, P.L. 88-352 (1964), and of the regulations promulgated pur-WHEREAS, Issuer proposes to issue its suant to such Act by the Secre-Sewer Revenue Capital Loan Notes Anticipa- tary of the Interior and contained tion Project Note, Series 2009, to the extent of in 43 CFR 17. $3,200,000, for the purpose of defraying the Book 139 Regular Session, March 2, 2009 83  costs of the Project hereinafter described; and, "Interim Loan" shall mean it is deemed necessary and advisable and in the principal amount allocated by the Orig- the best interests of the City that a form of inal Purchaser and loaned to the City un- Interim Loan and Disbursement Agreement by der the Program, equal in amount to the and between the City and the Iowa Finance principal amount of the Note; Authority be approved and authorized; and  "Issuer" and "City" shall WHEREAS, the notice of intention of Issu- mean the City of Dubuque, Iowa; er to take action for the issuance of not to ex-  "Note" shall mean ceed $3,500,000 Sewer Revenue Capital Loan $3,200,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and Notes Anticipation Project Note, Series no objections to such proposed action have 2009, authorized to be issued by this been filed. Resolution; NOW, THEREFORE, BE IT RESOLVED  "Original Purchaser" shall BY THE CITY COUNCIL OF THE CITY OF mean the Iowa Finance Authority, as the DUBUQUE, IN THE COUNTY OF DUBUQUE, purchaser of the Note from Issuer at the STATE OF IOWA: time of its original issuance; Section 1. Definitions. The following terms  "Paying Agent" shall be the shall have the following meanings in this Reso- City Treasurer, or such successor as may lution unless the text expressly or by neces- be approved by Issuer as provided herein sary implication requires otherwise: and who shall carry out the duties pre-  "Additional Project Notes" scribed herein as Issuer's agent to provide shall mean any project notes or other obli- for the payment of principal of and interest gations issued on a parity with the Note in on the Notes as the same shall become accordance with the provisions of Section due; 11 hereof.  "Permitted Investments"  "Agreement" shall mean an shall mean: Interim Loan and Disbursement Agreement  direct obligations of (in- dated as of the Closing between and cluding obligations issued or held in among the City and the Original Purchaser, book entry form on the books of) the relating to the Interim Loan made to the Department of the Treasury of the City under the Program; United States of America;  "City Clerk" shall mean the  cash (insured at all City Clerk or such other officer of the suc- times by the Federal Deposit Insur- cessor Governing Body as shall be ance Corporation or otherwise colla- charged with substantially the same duties teralized with obligations described in and responsibilities; the above paragraph);  "Closing" shall mean the  obligations of any of the date of delivery of the Note to the Original following federal agencies which obli- Purchaser and the funding of the Interim gations represent full faith and credit Loan; of the United States of America, in-  "Corporate Seal" shall mean cluding: the official seal of Issuer adopted by the - Export - Import Bank Governing Body; - Farm Credit System Fi-  "Fiscal Year" shall mean the nancial Assistance Cor- twelve months' period beginning on July 1 poration of each year and ending on the last day of - USDA - Rural Devel- June of the following year, or any other opment consecutive twelve-month period adopted - General Services Ad- by the Governing Body or by law as the ministration official accounting period of the System; - U.S. Maritime Adminis- provided, that the requirements of a fiscal tration year as expressed in this Resolution shall - Small Business Admin- exclude any payment of principal or inter- istration est falling due on the first day of the fiscal - Government National year and include any payment of principal Mortgage Association or interest falling due on the first day of the (GNMA) succeeding fiscal year; - U.S. Department of  "Governing Body" shall Housing & Urban De- mean the Council of the City, or its succes- velopment (PHA's) sor in function with respect to the operation - Federal Housing Admin- and control of the System; istration 84 Regular Session, March 2, 2009 Book 139  specified redemption date or dates repurchase agreements pursuant to such irrevocable instruc- whose underlying collateral consists tions, as appropriate; and (ii) which of the investments set out above if escrow is sufficient, as verified by a the Issuer takes delivery of the colla- nationally recognized independent teral either directly or through an au- certified public accountant, to pay thorized custodian. Repurchase principal of and interest and redemp- agreements do not include reverse tion premium, if any, on the bonds or repurchase agreements; other obligations described in this pa-  senior debt obligations ragraph on the maturity date or dates rated "AAA" by Standard & Poor's specified in the irrevocable instruc- Corporation (S&P) or "Aaa" by Moo- tions referred to above, as appropri- dy's Investors Service Inc. (Moody's) ate; issued by the Federal National Mort-  tax exempt bonds as gage Association or the Federal defined and permitted by section 148 Home Loan Mortgage Corporation; of the Internal Revenue Code and U.S. dollar denominated applicable regulations and only if deposit accounts, federal funds and rated within the two highest classifica- banker's acceptances with domestic tions as established by at least one of commercial banks which have a rat- the standard rating services approved ing on their short-term certificates of by the superintendent of banking by deposit on the date of purchase of "A- rule adopted pursuant to chapter 17A 1" or "A-1+" by S&P or "P-1" by Moo- Code of Iowa; dy's and maturing no more than 360  an investment contract days after the date of purchase (rat- rated within the two highest classifica- ings on holding companies are not tions as established by at least one of considered as the rating of the bank); the standard rating services approved  commercial paper which by the superintendent of banking by is rated at the time of purchase in the rule adopted pursuant to chapter 17A single highest classification, "A-1+" Code of Iowa; and by S&P or "P-1" by Moody's and  Iowa Public Agency In- which matures not more than 270 vestment Trust. days after the date of purchase;   "Program" shall mean the investments in a money Iowa Water Pollution Control Works Financing market fund rated "AAAm" or "AAAm- Program undertaken by the Original Purchas- G" or better by S&P; er; pre-refunded Municipal  "Project" shall mean the Obligations, defined as any bonds or costs of acquisition, construction, reconstruc- other obligations of any state of the tion, extending, remodeling, improving, repair- United States of America or of any ing and equipping of the System, including agency, instrumentality or local go- those costs associated with design engineer- vernmental unit of any such state ing and construction for upgrades to the Water which are not callable at the option of Pollution Control Plant and implementation of the obligor prior to maturity or as to the results of the Water Pollution Control Plant which irrevocable instructions have Study; been given by the obligor to call on  the date specified in the notice; and "Project Costs" shall mean (a) which are rated, based on an irre-all engineering fees, archeological surveys, vocable escrow account or fund (the environmental studies, and fees related to a "escrow"), in the highest rating cate-project plan preparation and submission, and gory of S&P or Moody's or any suc-other expenses incidental thereto, and also cessors thereto; or (b)(i) which are including the costs of issuance of the Note.  fully secured as to principal and inter- "Project Fund" shall mean est and redemption premium, if any, the Project Fund established by Section 6 of by an escrow consisting only of cash this Resolution. or direct obligations of the Depart-  "Registrar" shall be the City ment of the Treasury of the United Treasurer, or such successor as may be ap- States of America, which escrow may proved by Issuer as provided herein and who be applied only to the payment of shall carry out the duties prescribed herein such principal of and interest and re- with respect to maintaining a register of the demption premium, if any, on such owners of the Note. Unless otherwise speci- bonds or other obligations on the ma- fied, the Registrar shall also act as Transfer turity date or dates thereof or the Agent for the Note; Book 139 Regular Session, March 2, 2009 85  c. Redemption. The Note may "System" shall mean the be called for redemption by the Issuer municipal sewer utility of the Issuer and all and paid before maturity on any date, properties of every nature hereinafter owned from any funds regardless of source, by the Issuer comprising part of or used as a in whole or from time to time in part, part of the System, including all wastewater in order of maturity and within an an- treatment facilities, sanitary sewers, force nual maturity by lot. mains, pumping stations and all related prop- Notice of redemption shall be given erty and improvements and extensions made by U.S. mail to the Original Purchaser by Issuer while the Note remains outstanding; (or any other registered owner of the all real and personal property; and all appur- Note). The terms of redemption shall tenances, contracts, leases, franchises and be par, plus accrued interest to date other intangibles; of call. Failure to give such notice by  "Treasurer" shall mean the mail to any registered owner or any City Treasurer or such other officer as shall defect therein shall not affect the va- succeed to the same duties and responsibili- lidity of any proceedings for the re- ties with respect to the recording and payment demption of the Note. The Note is al- of the Note issued hereunder. so subject to mandatory redemption Section 2. Authority. The Agreement and to the extent not fully drawn upon. the Note authorized by this Resolution shall be d. Registration. The Note may issued pursuant to Section 76.13 of the Code be registered as to principal and in- of Iowa, and in compliance with all applicable terest on the books of the Note Regi- provisions of the Constitution and laws of the strar in the name of the holder and State of Iowa. The Agreement shall be sub- such registration noted on the Note stantially in the form [provided with] this Reso- after which no transfer shall be valid lution and is authorized to be executed and until the making of an entry upon the issued on behalf of the Issuer by the Mayor books kept for the registration and and attested by the City Clerk. transfer of ownership of the Note, and Section 3. Note Details, Execution, Re- in no other way. The City Treasurer is demption and Registration. hereby appointed as Note Registrar a. Note Details. The Note shall under the terms of this Resolution. be designated a Sewer Revenue Registrar shall maintain the books of Capital Loan Notes Anticipation the Issuer for the registration of own- Project Note, be dated the date of de- ership of the Note for the payment of livery, in the denomination of $1,000 principal of and interest on the Note or multiples thereof, and shall at the as provided in this Resolution. The request of the Original Purchaser be Note shall be negotiable as provided initially issued as a single Note in the in Article 8 of the Uniform Commer- denomination of $3,200,000 and cial Code subject to the provisions for numbered R-1. The Note shall not registration and transfer contained in bear interest (0%), and shall mature the Note and in this Resolution. three years from issuance. The City The ownership of any Note may Council hereby finds and determines be transferred only upon the Regis- that it is necessary and advisable to tration Books kept for the registration issue said Note pursuant to Section and transfer of the Note and only 76.13 of the Code of Iowa, as autho- upon surrender thereof at the office of rized by the Agreement and this Res- the Registrar together with an as- olution. signment duly executed by the holder b. Execution. The Note shall be or his duly authorized attorney in fact executed by the manual or facsimile in such form as shall be satisfactory signature of the Mayor and attested to the Registrar, along with the ad- by the manual or facsimile signature dress and social security number or of the Clerk, and impressed or im- federal employer identification num- printed with the seal of the City and ber of such transferee (or, if registra- shall be fully registered as to both tion is to be made in the name of mul- principal and interest as provided in tiple individuals, of all such transfe- this Resolution; principal, interest and rees). In the event that the address of premium, if any, shall be payable at the registered owner of a Note (other the office of the Paying Agent by than a registered owner which is the mailing of a check, wire transfer or nominee of the broker or dealer in automated clearing house system question) is that of a broker or dealer, transfer to the registered owner of the there must be disclosed on the Regis- Note. tration Books the information pertain- 86 Regular Session, March 2, 2009 Book 139 ing to the registered owner required of such Note who shall thereafter be above. Upon the transfer of any such restricted exclusively to such funds Note, a new fully registered Note, of for any claim of whatever nature on any denomination or denominations his part under this Resolution or on, permitted by this Resolution in aggre-or with respect to, such interest or gate principal amount equal to the Note. The Paying Agent's obligation unmatured and unredeemed principal to hold such funds shall continue for a amount of such transferred fully regis-period equal to two years and six tered Note, and bearing interest at months following the date on which the same rate and maturing on the such interest or principal became same date or dates shall be delivered due, whether at maturity, or at the by the Registrar. date fixed for redemption thereof, or In all cases of the transfer of the otherwise, at which time the Paying Note, the Registrar shall register, at Agent shall surrender any remaining the earliest practicable time, on the funds so held to the Issuer, whereu- Registration Books, the Note, in ac-pon any claim under this Resolution cordance with the provisions of this by the Owners of such interest or Resolution. Notes of whatever nature shall be As to any Note, the person in made upon the Issuer. whose name the ownership of the Section 4. Form of Note. The form of Note same shall be registered on the Reg-shall be substantially as [provided]. istration Books of the Registrar shall Section 5. Security for Note. The Note shall be deemed and regarded as the ab-be payable solely from the Project Fund. To solute owner thereof for all purposes, pay the principal on the Note when it becomes and payment of or on account of the due, there is hereby created a pledge of the principal of any such Note and the receipts anticipated in said Project Fund to premium, if any, and interest thereon continue until the payment in full of the prin- shall be made only to or upon the or-cipal on the Note. der of the registered owner thereof or Section 6. Establishment of Project Fund. his legal representative. All such The Issuer hereby creates and establishes a payments shall be valid and effectual Project Fund, into which Project Fund are he- to satisfy and discharge the liability reby appropriated the following: upon such Note, including the interest Proceeds of not to exceed thereon, to the extent of the sum or $3,500,000 Sewer Revenue sums so paid. Capital Loan Notes, addi- A Note which has been redeemed tional action for the issuance shall not be reissued but shall be of which previously has cancelled by the Registrar. A Note been taken and approved by which is cancelled by the Registrar the City Council shall be destroyed and a Certificate of The funds so appropriated shall include in ad- the destruction thereof shall be fur-dition thereto all funds of the Issuer, including nished promptly to the Issuer; pro-proceeds realized on the reinvestment of vided that if the Issuer shall so direct, proceeds of the Note, from which the Issuer is the Registrar shall forward the can-or may become obligated to pay under con- celled Note to the Issuer. tracts for the construction of the Project to the In the event any payment check extent that proceeds of the Note are applied to representing payment of principal of the payment thereof. or interest on the Note is returned to Section 7. Application of Project Fund. The the Paying Agent or if any note is not proceeds of the sale of the Note shall be de- presented for payment of principal at posited in the Project Fund for application to the maturity or redemption date, if payment of Project Costs and the costs of is- funds sufficient to pay such principal suance of the Note or to pay the principal of of or interest on Note shall have been the Note when due and for no other purpose. made available to the Paying Agent Disbursements for the payment of Project for the benefit of the owner thereof, Costs shall be made by the City Clerk upon all liability of the Issuer to the owner receipt of vouchers approved by the Governing thereof for such interest or payment Body. of such Note shall forthwith cease, After completion of the Project, any mo- terminate and be completely dis-neys remaining in the Project Fund shall be charged, and thereupon it shall be the held for the retirement of Note. When the Note duty of the Paying Agent to hold such is paid or payment is provided for, remaining funds, without liability for interest moneys in the Project Fund may be withdrawn thereon, for the benefit of the owner and used for any lawful purpose. Book 139 Regular Session, March 2, 2009 87 Section 8. Investments. Moneys in the reof, and this Resolution shall become effec- Project Fund shall at all times be invested, to tive immediately upon its passage and ap- the extent practicable in Permitted Investments proval. maturing at such times and in such amounts Section 13. Repeal of Conflicting Resolu- as will make cash available for the purposes of tions or Ordinances. All ordinances and resolu- such Project Fund as needed. tions and parts of ordinances and resolutions Section 9. Covenants with Noteholders. Is-in conflict herewith are hereby repealed. suer covenants and agrees, so long as any Section 14. Paragraph Headings. The pa- Notes herein authorized remain unpaid, that it: ragraph headings in this Resolution are fur- A. Will proceed to complete with all nished for convenience of reference only and practicable dispatch the con-shall not be considered to be a part of this struction and acquisition of the Resolution. Project; Section 15. Rule of Construction. This B. Will not make or cause or permit Resolution and the terms and conditions of the to be made any application of the Notes authorized hereby shall be construed proceeds of the Note or of any whenever possible so as not to conflict with moneys held in the Project Fund, the terms and conditions of the Interim Loan except in accordance with the and Disbursement Agreement. In the event provisions of this Resolution; such construction is not possible, or in the C. Will from time to time increase event of any conflict or inconsistency between the amount of the appropriations the terms hereof and those of the Interim Loan to the Project Fund, to the extent and Disbursement Agreement, the terms of the necessary to assure that the ex-Interim Loan and Disbursement Agreement pected receipts thereafter forth-shall prevail and be given effect to the extent coming, together with the funds necessary to resolve any such conflict or in- appropriated and held in trust for consistency. the purpose, will be sufficient to Passed and approved this 2nd day of pay when due the Note as to March, 2009. both principal and interest. Roy D. Buol, Mayor D. Will obtain the collection of funds Attest: Jeanne F. Schneider, CMC, City Clerk and the proceeds of the sale of sewer revenue capital loan notes Alcohol Compliance – Civil Penalties for anticipated to be received in the Alcohol License Holders: City Manager re- Project Fund and, if not paid from commending approval of the Acknowledge- other sources, apply the same to ment/Settlement Agreements for a first offense the payment of the Note and in-alcohol compliance violation for Fat Tuesdays terest thereon; and and The Lounge. Upon motion the documents E. For the prompt and full perfor-were received, filed, and approved. mance of the terms and provi- sions of this Resolution and con-Dubuque Stamping and Manufacturing, tract with the Noteholder, the Is-Inc. – Development Agreement: City Manager suer pledges its full faith and dili-recommending approval of a Development gence and the exercise of its Agreement with Dubuque Stamping and lawful powers. Manufacturing, Inc., who will be expanding Section 10. Contract Between Issuer and their operation at the Jackson Street facility, Purchaser. This Resolution constitutes a con-adding 10 new jobs and retaining 161 posi- tract between the Issuer and the purchaser of tions. Motion by Connors to receive and file the Note. the documents and adopt Resolution No. 80- Section 11. Additional Notes. The Issuer 09 Approving a Development Agreement for may issue Additional Project Notes of equal the expansion of Dubuque Stamping and standing and parity of lien with the Note for the Manufacturing, Inc., at the Jackson Street fa- purpose of paying Project Costs to the extent cility. Seconded by Braig. Connors recognized that funds appropriated to the Project Fund are the efforts of Dubuque Stamping to expand adequate to pay all notes so issued and inter-locally. Motion carried 7-0. est thereon. RESOLUTION NO. 80-09 The holder or holders of the Notes shall APPROVING A DEVELOPMENT AGREE- have all other rights and remedies given by MENT FOR THE EXPANSION OF DUBUQUE law for the payment and enforcement of the STAMPING & MANUFACTURING, INC. AT Notes and the security therefore. THE JACKSON STREET FACILITY. Section 12. Severability Clause. If any sec- tion, paragraph, clause or provision of this Whereas, it is the determination of this Resolution be held invalid, such invalidity shall Council that approval of the Development not affect any of the remaining provisions he-Agreement for the expansion of Dubuque 88 Regular Session, March 2, 2009 Book 139 Stamp’s operations in Dubuque according to program encourages investment in distressed the terms and conditions set out in the Devel-census tracts in the community. opment Agreement is in the public interest of NOW, THEREFORE, BE IT RESOLVED the City of Dubuque. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That a contract for Community DUBUQUE, IOWA: Economic Betterment Account and Enterprise Section 1. That the Development Agree-Zone benefits for Morrison Bros. Co. is hereby ment with Dubuque Stamp is hereby accepted approved. and approved. Section 2. That the Mayor is hereby autho- Section 2. That the Mayor is hereby autho-rized to execute the contract and deliver to the rized to execute, on behalf of the City Council Iowa Department of Economic Development of the City of Dubuque, Iowa, the attached together with such documents as may be re- Development Agreement with Dubuque quired. nd Stamp. Passed, approved, and adopted this 2 nd Passed, approved and adopted this 2 day day of March, 2009. of March, 2009. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Voluntary Termination of Prudential Finan- Community Economic Betterment Account cial, Inc. CEBA Contract: City Manager re- Contract (CEBA) – Morrison Bros.: City Man-commending approval of a voluntary termina- ager recommending approval of a contract tion agreement with Prudential Insurance among the Iowa Department of Economic De-Company relieving them of the commitment to velopment and Morrison Brothers for Commu-create 69 additional positions in Dubuque. nity Economic Betterment Account Program Upon motion the documents were received, (CEBA) and Enterprise Zone benefits for their filed, and approved. expansion that will retain 97 jobs and create 10 new positions. Motion by Connors to re-Cooper Development Company, LLC: City ceive and file the documents and adopt Reso-Manager recommending approval of a request lution No. 81-09 Approving a contract with the from Cooper Development Company, LLC, to Iowa Department of Economic Development defer payments on the existing loans and the and Morrison Bros. Co. for Community Eco-2008 parking lot agreement to January 1, nomic Betterment Account (CEBA) and Enter-2010. Upon motion the documents were re- prise Zone (EZ) benefits on behalf of Morrison ceived, filed, and approved. Bros. Co. Seconded by Braig. Connors recog- nized the efforts of Morrison Bros. to expand Dubuque Racing Association – Lump Sum locally. Motion carried 7-0. Principal Payments: City Manager recom- mending approval of a request from Jesús RESOLUTION NO. 81-09 Avilés, Dubuque Racing Association, to pay APPROVING A CONTRACT WITH THE down the principal on two existing loans for the IOWA DEPARTMENT OF ECONOMIC DE- period April 2009 to November 2010, saving VELOPMENT AND MORRISON BROS. CO. the DRA about $362,218. Upon motion the FOR COMMUNITY ECONOMIC BETTER- documents were received, filed, and approved. MENT ACCOUNT (CEBA) AND ENTER- Dubuque Racing Association – Line of PRISE ZONE (EZ) BENEFITS ON BEHALF Credit: City Manager recommending approval OF MORRISON BROS. CO. of a request from Jesús Avilés, Dubuque Rac- Whereas, Morrison Bros. Co. has pro-ing Association, to establish a line of credit posed the expansion of its operations in Du-with American Trust and Savings Bank to fund buque, Iowa; and the Dubuque Greyhound Park & Casino re- Whereas, the City Council of Dubuque, modeling project. Upon motion the documents Iowa has considered said proposal and has were received, filed, and approved. determined that the proposed project will con- tribute to the local economy through the crea-Legislative Correspondence: Communica- tion of 10 new jobs for area residents; and tion of the City Manager to area legislators Whereas, the Iowa Department of Eco-urging opposition to House File 83 and Senate nomic Developments Community Economic File 61 as the bills presume that cancer is a Betterment Account (CEBA) was designed to disease contracted while on active duty as a assist in the economic development efforts of firefighter. Upon motion the documents were local jurisdictions; and received and filed. Whereas, the Iowa Department of Eco- nomic Development's Enterprise Zone (EZ) Prosperity Eastern Iowa – Letter of Sup- port: City Manager submitting a Letter of Sup- Book 139 Regular Session, March 2, 2009 89 port for Prosperity Eastern Iowa’s Iowa De-NOW, THEREFORE, BE IT RESOLVED partment of Economic Development grant ap-BY THE CITY COUNCIL OF THE CITY OF plication to continue to enhance the Access-DUBUQUE, IOWA: myfuture.com web site. Upon motion the doc-That the Manager be authorized to cause uments were received and filed. to be issued the following named applicants a Beer Permit. Players Sports Bar – Liquor License Re-CLASS “C” BEER PERMIT newal: City Manager recommending approval Hy-Vee, Inc., Hy-Vee Gas #3 +(Sunday of the annual liquor license renewal for Players Sale), 300 Locust Street Sports Bar, 1902 Central Avenue. Upon mo-Nash Finch Company, Econo Foods #471 tion the documents were received and filed +(Sunday Sale), 3355 JFK Road and Resolution No. 82-09 Granting the is-Passed, approved and adopted this 2nd suance of a Class “C” Beer/Liquor License to day of March, 2009 Players Sports Bar was adopted. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 82-09 RESOLUTION NO. 84-09 Whereas, applications for Liquor Licenses have been submitted to this Council for ap-Whereas, applications for Liquor Licenses proval and the same have been examined and have been submitted to this Council for ap- approved; and proval and the same have been examined and Whereas, the premises to be occupied by approved; and such applicants were inspected and found to Whereas, the premises to be occupied by comply with the State Laws and all City Ordin-such applicants were inspected and found to ances relevant thereto and they have filed comply with the State Laws and all City Ordin- proper bonds. ances relevant thereto and they have filed NOW, THEREFORE, BE IT RESOLVED proper bonds. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF That the Manager be authorized to cause DUBUQUE, IOWA: to be issued the following named applicants a That the Manager be authorized to cause Liquor License. to be issued the following named applicants a CLASS “C” BEER/LIQUOR LICENSE Liquor License. L & L Investment Co., Players Sports Bar CLASS “C” BEER/LIQUOR LICENSE +(Sunday Sale), 1902 Central Avenue Bulldog Billiards, Inc., Bulldog Bil- Passed, approved and adopted this 2nd liards+(Sunday Sale), 1850 Central Avenue day of March, 2009. City of Dubuque, Bunker Hill Golf Course Roy D. Buol, Mayor +(Sunday/Outdoor Sale), 2200 Bunker Hill Attest: Jeanne F. Schneider, CMC, City Clerk Road The Yardarm, Inc., Yardarm Restau- Liquor License Applications: City Manager rant+(Sunday/Outdoor Sale), 1201 Shiras Ext. recommending approval of annual liquor li-CLASS “B” WINE cense renewals as submitted. Upon motion the Nash Finch Company, Econo Foods #471, documents were received and filed and Reso-3355 JFK Road lution No. 83-09 Granting the issuance of a CLASS “WBN” NATIVE WINE Class “C” Beer Permit to Hy-Vee Gas #4 and Hy-Vee, Inc., Hy-Vee Gas #3, 300 Locust Econo Foods #471 and Resolution No. 84-09 Street Granting the issuance of a Class “C” Passed, approved and adopted this 2nd Beer/Liquor License to Bulldog Billiards, Bunk-day of March, 2009. er Hill Golf Course, and Yardarm Restaurant; a Roy D. Buol, Mayor Class “B” Wine Permit to Econo Foods #471; Attest: Jeanne F. Schneider, CMC, City Clerk and a Class “WBN” Native Wine Permit to Hy- ITEMS TO BE SET FOR PUBLIC HEARING Vee Gas #3 were adopted. RESOLUTION NO. 83-09 Motion by Lynch to receive and file the Whereas, applications for Beer Permits documents, adopt the resolutions, set the pub- have been submitted and filed to this Council lic hearings as indicated, and direct the City for approval and the same have been ex-Clerk to publish notice as prescribed by law. amined and approved: and Seconded by Jones. Motion carried 7-0. Whereas, the premises to be occupied by such applicants were inspected and found to Excess Right-of-Way – Old Mill Road and comply with the Ordinances of the City and Manson Road: City Manager recommending have filed proper bonds. that a public hearing be set for March 16, 2009 to consider disposing of the City’s interest in 90 Regular Session, March 2, 2009 Book 139 excess right-of-way purchased for the recon-Attest: Jeanne F. Schneider, CMC, City Clerk struction of Kelly Lane. Upon motion the doc- uments were received and filed and Resolution Kephart Building Improvement Project: City No. 85-09 Resolution of intent to vacate and Manager recommending initiation of the public dispose of City interest in Lot 1 of Old Mill bidding process for the Kephart Building Im- Place No. 3 in the City of Dubuque, Dubuque provement Project and that a public hearing be County, Iowa, and abutting Old Mill Road set for March 16, 2009, to consider approval of roadway easement was adopted setting a pub-the plans and specifications, form of contract lic hearing for a meeting to commence at 6:30 and estimated cost. Upon motion the docu- p.m. on March 16, 2009 in the Historic Federal ments were received and filed and Resolution Building. No. 86-09 Preliminary approval of plans, speci- fications, form of contract, and estimated cost, RESOLUTION NO. 85-09 setting date of public hearing and ordering bids RESOLUTION OF INTENT TO VACATE AND for the Kephart Building Improvement Project DISPOSE OF CITY INTEREST IN LOT 1 OF was adopted setting a public hearing for a OLD MILL PLACE NO. 3 IN THE CITY OF meeting to commence at 6:30 p.m. on March DUBUQUE, DUBUQUE COUNTY, IOWA 16, 2009 in the Historic Federal Building. AND ABUTTING OLD MILL ROAD ROAD- WAY EASEMENT RESOLUTION NO. 86-09 KEPHART BUILDING Whereas, Rockdale Methodist Church has IMPROVEMENT PROJECT requested the vacating and disposal of por- PRELIMINARY APPROVAL OF PLANS, tions of Old Mill Road and Manson Road; and SPECIFICATIONS, FORM OF CONTRACT, Whereas, IIW Engineers & Surveyors, PC AND ESTIMATED COST; SETTING DATE has prepared and submitted to the City Coun- OF PUBLIC HEARING ON PLANS, SPECI- cil a plat showing the vacated portions of FICATIONS, FORM OF CONTRACT, AND excess rights-of-way and easements of Old ESTIMATED COST; AND ORDERING THE Mill Road and Manson Road and assigned a ADVERTISEMENT FOR BIDS lot number thereto, which hereinafter shall be known and described as Lot 1 of Old Mill Place NOW THEREFORE, BE IT RESOLVED No. 3 in the City of Dubuque, Dubuque Coun-BY THE CITY COUNCIL OF THE CITY OF ty, Iowa, should be approved. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED The proposed plans, specifications, form of BY THE CITY COUNCIL OF THE CITY OF contract and estimated cost for the Kephart DUBUQUE, IOWA: Building Improvement Project, in the estimated Section 1. That the City of Dubuque in-amount $833,714, are hereby preliminarily tends to vacate and dispose of its interest in approved and ordered filed in the office of the Lot 1 of Old Mill Place No. 3 in the City of Du-City Clerk for public inspection. th buque, Dubuque County, Iowa and abutting A public hearing will be held on the 16 Old Mill Road roadway easement as shown on day of March, 2009, at 6:30 p.m. in the Historic the plat thereof. Federal Building Council Chambers at which Section 2. That the conveyance of Lot 1 of time interested persons may appear and be Old Mill Place No. 3 in the City of Dubuque, heard for or against the proposed plans and Dubuque County, Iowa, to Rockdale Methodist specifications, form of contract and estimated Church be contingent upon the payment of cost of said Project, and the City Clerk be and $300.00, plus surveying, platting, publication, is hereby directed to cause the attached notice and filing fees. of the time and place of such hearing to be Section 3. The City reserves unto itself a published in a newspaper having general cir- perpetual easement including the right of in-culation in the City of Dubuque, Iowa, which gress and egress thereto, for the purpose of notice shall be published not less than four erecting, installing, constructing, reconstruct-days nor more than twenty days prior to the ing, repairing, owning, operating, and main-date of such hearing. At the hearing, any inter- taining water, sewer, drainage, gas, telephone, ested person may appear and file objections to television cable, fiber optics, and electric lines the proposed plans, specifications, form of as may be authorized by the City of Dubuque, contract, or estimated cost of the Project. Iowa, as shown on the plat of said Lot 1. The Kephart Building Improvement Project Section 4. That the City Clerk be and is he-is hereby ordered to be advertised for bids for reby authorized and directed to cause a notice construction. of intent to vacate and dispose of said real The amount of the security to accompany estate to be published in the manner as pre-each bid shall be in an amount which shall scribed by law. conform to the provisions of the Notice to Bid- nd Passed, approved and adopted this 2 day ders hereby approved. of March, 2009. The City Clerk is hereby directed to adver- Roy D. Buol, Mayor tise for bids for the construction of the im- Book 139 Regular Session, March 2, 2009 91 provements herein provided, by publishing the Whereas, the City of Dubuque (City) de- attached Notice to Bidders to be published in a veloped a Request for Proposals (RFP) and newspaper having general circulation in the solicited qualified professional consulting firms City of Dubuque, Iowa, which notice shall be to complete the final engineering design phase published not less than four but not more than for the Southwest Arterial Project (Project); forty-five days before the date for filing bids and st before 2:00 p.m. on the 31 day of March, Whereas, the final engineering design 2009. Bids shall be opened and read by the phase for the Project includes final engineering City Clerk at said time and will be submitted to design, development of construction docu- the City Council for final action at 6:30 p.m. on ments, right-of-way property acquisition ser- th the 6 day of April, 2009, in the Historic Fed-vices, and the required archaeological and eral Building Council Chambers (second floor), cultural resource Phase III mitigation; and th 350 West 6 Street, Dubuque, Iowa. Whereas, the consultant selection process nd Passed, adopted and approved this 2 day was done in accordance with the Iowa De- of March, 2009. partment of Transportation (Iowa DOT) Con- Roy D. Buol, Mayor sultant Selection Process (I.M. 3.305); and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the Consultant Selection Com- mittee selected AECOM of Waterloo, Iowa as BOARDS/COMMISSIONS the first-ranked consultant to provide the pro- fessional design services for the final engi- Applicants were invited to address the City neering design phase of the Project; and Council regarding their desire to serve on the Whereas, the City of Dubuque (City) will be following Boards/Commissions: Zoning Board the lead local public agency responsible for of Adjustment. One 5-year term through March managing the final engineering design phase. 25, 2014 (Term of Gasper). Applicant: Heath NOW THEREFORE, BE IT RESOLVED Hutchinson, 221 Bradley Street. Mr. Hutchin-BY THE CITY COUNCIL OF THE CITY OF son spoke in support of his appointment. DUBUQUE, IOWA: Appointments to the following Section 1. That the City Council hereby Boards/Commissions: Mechanical Code concurs with the Consultant Selection Commit- Board. Two 3-year terms through March 16, tee recommendation of AECOM as the first- 2012 (Terms of Willenborg and Geisler) Back-ranked consultant and hereby approves AE- ground/Experience requirement). Applicants: COM as the Professional Design Services David Grothe, 2544 Elm Street; Corey Va-Consultant to complete the final engineering laskey, 1787 Lawndale Street. Motion by Con-design phase of the Southwest Arterial Project nors to appoint David Grothe and Corey Va-(Project). laskey to the Mechanical Code Board for 3-Section 2. That the City Manager is hereby year terms through March 16, 2012. Seconded authorized to negotiate a scope of services by Jones. Motion carried 7-0. and fee proposal with AECOM, subject to ap- proval of the Iowa Department of Transporta- ACTION ITEMS tion, to complete the final engineering design, develop construction documents, provide right- Southwest Arterial Final Design – Consul-of-way property acquisition services and per- tant Selection: City Manager recommending form the required archaeological and cultural approval of the consultant selection for the resource Phase III mitigation work for the Southwest Arterial Final Design Project. Mo-Project. tion by Lynch to receive and file the docu-Section 3. Upon completion of Section 2, ments and adopt Resolution No. 87-09 Ap-the City Manager is hereby authorized to de- proving the Consultant Professional Services velop a Consultant Professional Services Agreement for final design services for the Agreement with AECOM, subject to approval Southwest Arterial. Seconded by Connors. of the Iowa Department of Transportation, to Responding to questions by City Council, Van complete the final engineering design, develop Milligen stated that cost figures will be nego-construction documents, provide right-of-way tiated in accordance with the federal and state property acquisition services and perform the guidelines that govern this process. Motion required archaeological and cultural resource carried 7-0. phase III mitigation work for the Project. Section 4. That the Mayor be authorized RESOLUTION NO. 87-09 and directed to execute three copies of said APPROVING THE SELECTION OF AECOM Consultant Professional Services Agreement AS THE PROFESSIONAL DESIGN SERVIC- with AECOM to complete the final engineering ES CONSULTANT TO COMPLETE THE FI- design for the Southwest Arterial Project. NAL ENGINEERING DESIGN PHASE FOR THE SOUTHWEST ARTERIAL PROJECT 92 Regular Session, March 2, 2009 Book 139 nd Passed, adopted and approved this 2 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Burlington Trailways: City Manager re- commending approval of the creation of a ser- vice agreement between the City of Dubuque and Burlington Trailways for lease of a building at 400 Rhomberg Avenue to provide a new ticket sales location for Burlington Trailways. Motion by Connors to receive and file the doc- uments and approve the recommendation. Seconded by Jones. Connors thanked resi- dents for welcoming Burlington Trailways into the Northend neighborhood. Jones thanked staff for finding a good solution. Responding to questions from Council, Transit Manager Jon Rodocker stated that the monthly/annual terms of the lease have not yet been determined. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg stated that with the closing of Isabella’s at the Ryan House, he is looking for a new, accessible location to conduct one-on- one meetings with his ward’s constituents. CLOSED SESSION Motion by Jones at 6:50 p.m. to go into closed session regarding pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j), Code of Iowa. Seconded by Voetberg. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:35 p.m. stating they had given staff proper direction. There being no further business, upon mo- tion the City Council adjourned at 7:36 p.m. /s/Jeanne Schneider, CMC City Clerk Book 139 Special Session, March 3, 2009 93 CITY OF DUBUQUE, IOWA level of service. Grierson added that the airport is approximately 82 percent self-sufficient and CITY COUNCIL works toward minimizing the percentage of OFFICIAL property tax support. He stated that direct PROCEEDINGS economic development impact can range from $42 to $88 million per year with indirect impact through jobs and other opportunities. Grierson The Dubuque City Council met in special said he continues to work with carriers on fare session at 6:30 p.m. on March 3, 2009 in the parity and invited citizens to contact the airport Historic Federal Building. whenever they are comparing fares with other regional airports. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- Police Department: Police Chief Kim Wad- berg, City Manager Michael Van Milligen ding introduced the department’s Command Staff and K-9 Unit Officer Brian Wullwebber. Mayor Buol read the call and stated this is Wullwebber introduced, Doerak, the new dual- a special session of the City Council called for purpose, narcotic-detector dog and gave a the purpose of discussing various City depart- brief description of the animal’s history, train- mental budgets. ing and abilities. Wadding then presented the department’s Fiscal Year 2010 recommended Fiscal Year 2010 Recommended Depart- budget. Responding to questions from City mental Budgets were presented by staff from Council Members, Wadding stated that the the following City departments: Emergency uniforms for the Community-Oriented Police Communications, Emergency Management, Officers have changed over time in order to Airport, Police Department, and Building Ser- refresh public awareness and for ease of vices Department. cleanliness, and old guns are traded in with dealerships for a discount on the purchase of Emergency Communications: Emergency new guns. Van Milligen stated that the Coun- Communications Manager Mark Murphy intro- cil’s decision to add15 police officer positions duced staff and presented the department’s would need to be funded through a large one- Fiscal Year 2010 recommended budget. Mur- time funding source in order to bridge the re- phy reviewed the status of the new part-time curring cost to future fiscal years until they positions and their training. Responding to could be funded from the City’s General Fund. questions from City Council Members, Murphy He added that without that funding source, the stated that members of domestic violence pro- addition of those positions would have to be grams are involved in the Criminal Justice cut or delayed. Wadding described the gender group and the City of Farley is now part of the and ethnic make-up of the Police force. Van State’s electronic licensing system and no Milligen stated that Dubuque compares favor- longer has to call into Dubuque for information. ably with other Iowa communities in terms of Murphy added that the department receives its crime rates and safety, and this information is share of prank and non- emergency calls, provided to companies seeking to locate in which are either verified through call backs or Dubuque. transferred for non-emergency assistance. Building Services: Building Services Man- Emergency Management: Emergency ager Rich Russell presented the department’s Management Coordinator Tom Berger pre- Fiscal Year 2010 recommended budget. sented the department’s Fiscal Year 2010 rec- ommended budget. Responding to questions There being no further business, upon mo- from City Council Members, Berger explained tion the City Council adjourned at 8:19 p.m. the purpose of the project work sheets, which are used during the repair process following /s/Jeanne F. Schneider, CMC disaster events. City Clerk Airport: Airport Manager Bob Grierson pre- sented the department’s Fiscal Year 2010 rec- ommended budget. Responding to questions from City Council Members, Grierson de- scribed how the broom core equipment is used for snow/ice removal. Grierson informed Council that American Airlines is not terminat- ing service in Dubuque as recently reported in the media, and the department continues to work with the carrier to maintain the current 94 Special Session, March 9, 2009 Book 139 th CITY OF DUBUQUE, IOWA Passed, approved and adopted this 9 day of March, 2009. GOVERNING BOARD Roy D. Buol, Mayor OF THE Attest: Jeanne F. Schneider, CMC, City MUNICIPAL HOUSING AGENCY Clerk OFFICIAL There begin no further business, upon mo- PROCEEDINGS tion the Governing Board adjourned at 6:28 p.m. The Governing Board of the Municipal Housing Agency met at 6:25 p.m. on March 9, /s/Jeanne F. Schneider, CMC 2009 in the Historic Federal Building City Clerk Present: Chairperson Buol, Board Mem- bers Braig, Connors, Jones, Lynch, Resnick, Voetberg, Plein Mayor Buol read the call and stated this is a session of the Governing Board of the Mu- nicipal Housing Agency called for the purpose of discussing the Fiscal Year 2010 operating budget for the Assisted Housing Programs of the Housing and Community Development Department. Motion by Plein to receive and file the doc- uments and adopt Resolution No. 88-09 Ap- proving the Fiscal Year 2010 Operating Budg- et for the Assisted Housing Programs of the Housing and Community Development De- partment. Seconded by Jones. Motion carried 8-0. RESOLUTION NO. 88-09 APPROVING THE FISCAL YEAR 2010 OP- ERATING BUDGET FOR THE ASSISTED HOUSING PROGRAM OF THE HOUSING AND COMMUNITY DEVELOPMENT DE- PARTMENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for pur- poses of approving certain actions of the mu- nicipal housing agency; and Whereas, the City Council has duly consti- tuted the Governing Board of the Municipal Housing Agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development De- partment is an action required of the Govern- ing Board; and Whereas, the Governing Board has deter- mined that approval of the operating budget is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Com- munity Development Department for the Fiscal Year 2010 is hereby approved. Book 139 Special Session, March 9, 2009 95 CITY OF DUBUQUE, IOWA Public comments were heard regarding the following departmental budgets: CITY COUNCIL Recreation Division: Ellen Goodman, 1306 OFFICIAL Tomahawk Drive, spoke in favor of the budget PROCEEDINGS recommendation for St. Mark’s Community Center and thanked the City Council for their support. The Dubuque City Council met in special Transit: Wayne Strohmeyer, 3403 Waller session at 6:30 p.m. on March 9, 2009 in the Street, stated that he would like to have the Historic Federal Building. currently vacant full-time bus driver vacancy filled, increase one part-time driver position to Present: Mayor Buol, Council Members full-time, and increase the hourly cap of hours Braig, Connors, Jones, Lynch, Resnick, Voet- per year for part-time drivers to 1,976 (38 berg, City Manager Van Milligen, City Attorney hours a week average). He added that all full- Lindahl time drivers should have the same pay. Mr. Strohmeyer also stated that he had spoken Mayor Buol read the call and stated this is with Keyline Transit management and the Civil a special session of the City Council called for Service Commission about the staffing the purpose of conducting a public hearing on changes. Laurette Donahue, 473 Almond the Fiscal Year 2010 budget and capital im- Street, asked for shorter bus routes and stated provement program. that she felt the bus drivers shouldn’t be in such a hurry as it can cause problems for rid- Proofs of Publication on Notice of Public ers during bad weather and for persons in Hearing on Budget Estimate for Fiscal Year wheelchairs. 2010 and Notice of Public Hearing on Five Purchase of Services: Opening Doors Year Capital Improvement Program beginning Board President Art Roche, 5451 Meadow July 1, 2009 through the fiscal year ending Court, Asbury, thanked the City Council for June 30, 2014. their support of the Maria House and Theresa Shelter. Washington Tool Library President Communication from the Long Range Tom Oberhoeffer, 3508 Keymont Drive, pro- Planning Advisory Commission finding that the vided a summary of the Tool Library and Fiscal Year 2010 – 2014 Capital Improvement stated that it follows the rules outlined by the Program is consistent with the 2008 Dubuque U.S. Department of Housing and Urban De- Comprehensive Plan. velopment. Library: Nancy Gourley, 1161 Edina Street, The City Manager’s Revised Fiscal Year spoke in support of the various Library pro- 2010 Budget Recommendation was presented grams and its staff adding that it is critical that and read. the Library be well maintained. Library Board Motion by Lynch to receive and file the of Trustees President Diann Guns, 1715 Diane documents and approve the recommendation. Court, expressed her appreciation for the City Seconded by Jones. Motion carried 7-0. Council’s past support and requested that the Library be made a Council priority for next Upon motion the rules were suspended al- year. Guns stated that she could not confident- lowing anyone present to address the City ly say the Library could operate as it currently Council. does without additional staff. Mayor Buol solicited public comments re- garding each City departmental budget. Upon motion the rules were reinstated li- No comments were received regarding the miting discussion to the City Council. following departmental budgets: Human Rights, Finance, Legal, City Manager, City City Council discussion included the issue Council, City Clerk, Water Department, Water of Purchase of Service funding being a one- Pollution Control Plant, Public Works Depart- time funding source that requires annual appli- ment, Engineering Department, Civic Center cation and that it is a Council decision to dis- Division, Conference Center, Park Division, continue funding for Purchase of Service Information Services Department, Cable TV agencies or to add funding for certain agencies Division, Housing and Community Develop- that support the City Council’s priorities. Mayor ment Department, Planning Services Depart- Buol suggested that a discussion of Purchase ment, Economic Development Department, of Services be held as part of the City Coun- Parking Division, Health Services Department, cil’s annual goal setting session. Other discus- Fire Department, Emergency Communica- sion included making Library operations a tions, Emergency Management, Airport De- priority. City Council Members thanked the partment, Police Department, Building Servic- City Manager and staff for their work on the es Department, Capital Improvement Program. budget. 96 Special Session, March 9, 2009 Book 139 Motion by Voetberg to receive and file the for those projects, proposes sources of funds documents and adopt the Resolutions. for each of them, and schedules the year dur- Seconded by Connors. Motion carried 7-0. ing which each project will be undertaken; and Resolution No. 89-09 Adopting Annual WHEREAS, the capital improvement Budget for the Fiscal Year ending June 30, projects for the first year are included in the 2010; Fiscal Year 2010 budget for the City of Dubu- Resolution No. 90-09 Adopting Five Year que; and Capital Improvement Program Budget for Fis-WHEREAS, the five year Capital Improve- cal Year 2010 – 2014; ment Program will be reconsidered annually by Resolution No. 92-09 Approving an in-the City Council and appropriately revised; and crease in building permit fees; WHEREAS, the adoption of the five year Resolution No. 93-09 Adopting the Five Capital Improvement Program is a prudent Year Street Program; measure to provide continuity of programs and Resolution No. 94-09 Approving an ad-is in the best interest of the City of Dubuque. vance of funds for repayment from the Greater NOW THEREFORE, BE IT RESOLVED Downtown Urban Renewal Tax Increment BY THE CITY COUNCIL OF THE CITY OF Fund, and directing the certification of an Ur-DUBUQUE, IOWA: ban Renewal Project advance under Iowa Section 1. That the five year Capital Im- Code Section 403.19; and provement Program for the period beginning Resolution No. 95-09 Approving an ad-July 1, 2009, set out in the Fiscal Year 2010- vance of funds for repayment from the Dubu-2014 Recommended Capital Improvement que Industrial Center Urban Renewal Tax In-Budget, is hereby approved and adopted as crement Fund, and directing the certification of amended as the proposed allocation of City an Urban Renewal Project advance under resources for capital improvements as sche- Iowa Code Section 403.19 duled in the years shown, subject to annual Motion by Voetberg to adopt Resolution review and revision. th 91-09 Adopting the Program Year 2009 (Fiscal Passed, approved and adopted this 9 day Year 2010) Community Development Block of March, 2009. Grant (CDBG) Annual Plan as Amended. Roy D. Buol, Mayor Seconded by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 89-09RESOLUTION NO. 91-09 ADOPTING THE CITY OF DUBUQUE FIS-ADOPTING THE FISCAL YEAR 2010 (PRO- CAL YEAR 2010 ANNUAL BUDGET GRAM YEAR 2009) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL NOW THEREFORE, BE IT RESOLVED ACTION PLAN AS AMENDED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the City of Dubuque has, Section 1. That the annual budget for the through a series of public meetings and hear- fiscal year ending June 30, 2010, as set forth ings, finalized a Fiscal Year 2010(Program in the Adoption of Budget and Certification of Year 2009) Community Development Block Taxes and supporting state budget forms Grant Annual Action Plan addressing both showing the revenue estimates and appropria-housing and non-housing needs in the com- tion expenditures and allocations to programs munity; and and activities for said fiscal year, as amended, Whereas, copies of the draft Fiscal Year is adopted. 2010 (Program Year 2009) CDBG Annual Ac- Section 2. The City Clerk is directed to tion Plan have been available for public com- make the filings required by law. ment 30 days prior to City Council action; and th Passed, approved and adopted this 9 day Whereas, the City's Community Develop- of March, 2009. ment Advisory Commission has reviewed and Roy D. Buol, Mayor recommended adoption of an Annual Action Attest: Jeanne F. Schneider, CMC, City Clerk Plan following a public hearing; and Whereas, the City Council has held a pub- RESOLUTION NO. 90-09 lic hearing on the proposed plan on February ADOPTING THE CITY OF DUBUQUE FIVE- 19, 2009 following a 30 day public comment YEAR CAPITAL IMPROVEMENT PROGRAM period and approved the FY 2010 Annual Ac- WHEREAS, a recommended five year tion Plan as amended. Capital Improvement Program for the period NOW, THEREFORE, BE IT RESOLVED beginning July 1, 2009, and ending June 30, BY THE CITY COUNCIL OF THE CITY OF 2014, for the City of Dubuque has been pre-DUBUQUE, IOWA: pared and submitted to the City Council; and Section 1. That the Community Develop- WHEREAS, the five year Capital Improve-ment Block Grant Annual Action Plan, at- ment Program describes specific capital im-tached hereto as Exhibit A and by this refer- provement projects, provides estimated costs Book 139 Special Session, March 9, 2009 97 ence made a part hereof, is hereby adopted as For projects between $2001 and amended. $25,000: $66.25 for the first $2000 Section 2. That the City Manager is hereby plus $10.60 per additional $1000, authorized and directed to prepare and to For projects between $25,001 and submit to the United States Department of $50,000: $310.05 for the first $25,000 Housing and Urban Development the Fiscal plus $7.95 per additional $1000, Year 2010 (Program Year 2009) Annual Action For projects between $50,001 and Plan for the use of Community Development $100,000: $508.80 for the first Block Grant funds based on this adopted $50,000 plus $5.30 per additional budget. $1000, th Passed, approved and adopted this 9 day For projects between $100,001 of March 2009. and $500,000: $773.80 plus $43.65 Roy D. Buol, Mayor for each additional $10,000, Attest: Jeanne F. Schneider, CMC, City Clerk For projects over $500,001: $2519.80 for the first $500,000, plus RESOLUTION NO. 92-09 $35.70 for each additional $10,000 APPROVING AN INCREASE IN BUILDING thereafter. PERMITS FEES In addition to the building permit fee, plan re- Whereas, due to the loss of licensing reve-view fees, when plans are required, shall be nue and requirement to meet a self-support assessed at the rate of $52.00 per hour of target for the Building Department code en-review time, with a minimum one-hour charge. forcement activity, an increase in the building, An issuance fee of $5.00 will also be charged. mechanical, plumbing and electrical permit Section 3. That the mechanical permit fees fees has been proposed for the Fiscal Year be established as follows: 2010 operating budget. NOW, THEREFORE, BE IT RESOLVED BY Unit Fee THE CITY COUNCIL OF THE CITY OF DU- Forced Air System (to include $16.00 BUQUE, IOWA: 100,000Btu) Section 1. That the building permit fees for Forced Air System (over $19.50 one and two-family dwellings and related 100,000Btu) projects be established as follows: Floor Furnace, Wall Heater (includ-$16.00 For projects between $1 and $500: ing vent) $13.25 Unit Heater, Hanging Heaters $16.00 For projects between $501 and $2000: Appliance vent $14.00 $13.25 for the first $500 plus $2.15 per ad- ditional $100, Alteration, addition to any system $16.00 For projects between $2001 and Boilers, Compressors: $30,000: $45.50 for the first $2000 plus up to & include 3Hp or 100,000Btu $16.00 $8.50 per additional $1000, For projects between $30,001 and >3Hp to 15 Hp, or 100,000 to $29.00 $50,000: $283.50 for the first $30,000 plus 500,000Btu $6.35 per additional $1000, >15Hp to 30 Hp, or 500,000 to $39.00 For projects between $50,001 and 1,000,000Btu $100,000: $410.50 for the first $50,000 >30 Hp to 50Hp, or 1,000,000 to $60.00 plus $4.25 per additional $1000, 1,750,000Btu For projects $100,001 and above: >50 Hp, or >1,750,000Btu $99.00 $623.00 plus $3.55 for each additional Air Handling Unit (CFM to 10,000) $11.50 $1000 thereafter. Air Handling Unit (CFM >10,000) $19.50 In addition to the building permit fee, plan re- view fees, when plans are required, shall be Evaporative cooler (not portable) $11.50 assessed at the rate of $52.00 per hour of Vent Fan, (single duct exempt in $8.00 review time, with a minimum one-hour charge. residential) An issuance fee of $5.00 will also be charged. Hood w/mechanical exhaust (exempt $11.50 Section 2. That the building permit fees for in residential) all other building projects be established as Commercial or Industrial Incinerator $79.00 follows: For projects between $1 and Fuel Gas piping (1 to 5 outlets) $14.00 $500: $26.50 Fuel Gas piping (>5 outlets, $3.00 $3.50 For projects between $501 and per outlet) $2000: $26.50 for the first $500 plus Air Condition Unit (Hp each) $16.00 $13.25 per additional $500, Water Heater (Btu each) $11.50 98 Special Session, March 9, 2009 Book 139 An issuance fee of $10 will be applied to all Wood burning Stove $11.50 permits. Factory Built Fireplace $11.50 Section 5. That the electrical permit fees Refrigeration Unit (Hp each) $16.00 be established as follows: CONTINUED () All other appliances or equipment $11.50 including Temporary heat An issuance fee of $10 will be applied to all permits. Section 4. That the plumbing permit fees be established as follows: Fixture Fee Water Closet (Toilet) $ 8.00 Bathtub $ 8.00 Lavatory (Wash Basin) $ 8.00 Shower $ 8.00 Kitchen Sink $ 8.00 Garbage Disposal $ 8.00 Dishwasher $ 8.00 Laundry Tray $ 8.00 Clothes Washer $ 8.00 Urinal $ 8.00 Drinking Fountain $ 8.00 Service Sink $ 8.00 Shampoo Bowl $ 8.00 Grease Trap $ 8.00 Water Heater $11.50 10.00 Gas Piping $14.00 (1 to 5 outlets) ENTER 1 12.00 Gas Piping $ 3.50 (> 5 outlets, $3.00 per add’l. outlet) Floor Drain $ 8.00 Roof Drain $11.50 10.00 Condensate Drain $11.50 10.00 Vacuum Breaker $11.50 10.00 Backwater Valve $14.00 12.00 Backflow Prevention Device $14.00 Waste Interceptor $14.00 Indirect Waste $14.00 Sewage Ejector $14.00 Water Distribution Piping $14.00 Water Treating Equipment $14.00 Water Service (Main to Property line) $14.00 Water Service $14.00 (Property line to Building) Sanitary Service $14.00 (Main to Property line) Sanitary Service $14.00 (Property line to Building) Misc. $14.00 Book 139 Special Session, March 9, 2009 99 RESOLUTION 92-09 – CONTINUED () CITY OF DUBUQUE ELECTRICAL PERMIT FEE SCHEDULE Square Footage Fees for New Buildings Sq. Ft. Fee First 25,000 sq. ft. 0.07 Next 49,999 sq. ft. 0.06 New Commercial Office Construction Next 124,999 sq. ft. 0.045 Next 299,999 sq. ft. 0.03 Over 500,000 sq. ft. 0.015 First 25,000 sq. ft. 0.03 Next 49,999 sq. ft. 0.015 New Commercial Industrial Construction Next 124,999 sq. ft. 0.007 Next 299,999 sq. ft. 0.0045 Over 500,000 sq. ft. 0.001 New Residential Construction (finished living space) 0.06 Note: for unfinished spaces or outside see the appropriate unit fees listed below Unit Fees for Existing Building Remodels or Additions Unit Fee First Transformer $10.50 Signs Additional Transformers $6.00 Gasoline Pumps or Dispensers $10.00 Swimming Pool, Spa, Hot Tub, Whirlpool $33.00 Temporary Power & Construction Site Services $19.50 Temporary Lighting Systems $19.50 First 1 thru 20 $0.70 Receptacle, switch and ceiling boxes, and all other enclosures Number Over 20 $0.30 First 1 thru 20 $0.70 Lighting Fixtures Number Over 20 $0.30 Pole or Platform Fixtures $1.30 Theatrical Lighting Fixtures $1.30 0 to 1 $7.00 Residential and Commercial Over 1 to 10 $8.00 Appliances and Power Apparatus Over 10 to 20 $10.50 (rated in) Tons of BTU, or Kilowatts, or KVA, or Over 20 to 30 $14.00 KVAR, or Horsepower Over 30 $14.00 +.30 per total HP Busway (100 ft. sections or fraction thereof at) $0.70 per foot 0 to 100 Amps $10.00 101 to 400 Amps $16.00 Main Services and/or Sub Panels 401 to 600 Amps $24.00 601 to 1000 Amps $32.00 Over 1000 Amps or over 600 Volts $49.50 Misc. apparatus, conduit, or conductors not covered elsewhere $19.50 Original Issuance Fee $10.00 Supplemental Issuance Fee $5.00 no original permit can be less than $20.00 no supplemental permit can be less than $15.00 The Investigation (Penalty) Fee, if applicable, is twice the TOTAL Permit Fee Misc. fees that are not covered elsewhere but may be charged For each noncompliance re-inspection that is needed $ 52.00 each For construction plan review (minimum of one hour) $ 52.00 per hour Inspections outside normal business hours $ 52.00 per hour Inspection for which no fee is detailed above (presale, demolition, damage, etc) $ 52.00 per hour These fees will become effective upon publication of the resolution. Section 6. That these increases become effective upon publication. Passed, approved and adopted this 9th day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 18 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk 100 Special Session, March 9, 2009 Book 139 RESOLUTION NO. 93-09 WHEREAS, it is the intention of the City to ADOPTING THE FIVE-YEAR STREET CON- certify the amount of funds so advanced for STRUCTION PROGRAM FOR FISCAL reimbursement from the available incremental YEARS 2010 - 2014 property tax revenues generated within the Whereas, a recommended Five-Year Urban Renewal Area under Iowa Code Section Street Construction Program for the Fiscal 403.19. Years 2010 - 2014 beginning July 1, 2009, and NOW THEREFORE, BE IT RESOLVED ending June 30, 2014, for the City of Dubuque BY THE CITY COUNCIL OF THE CITY OF has been prepared and submitted to the City DUBUQUE, IOWA: Council; and Section 1. Pursuant to Ordinance No. 123- Whereas, the Five-Year Street Construc-67 there has been established the Greater tion Program: 1) describes specific capital im-Downtown Urban Renewal Tax Increment provement projects; 2) provides estimated Revenue Fund (the Tax Increment Fund), into costs for those projects; 3) proposes sources which the incremental property tax revenues of funding; and 4) schedules the fis-received in respect of properties located within cal/calendar year during which each project the Urban Renewal Area are to be deposited. will be undertaken; and The Council hereby finds and determines that Whereas, the capital improvement projects the above-described Project constitutes an for the first year of such five-year program are “urban renewal project” as defined in Iowa included in the Fiscal Year 2010 budget; and Code Chapter 403, and further approves an Whereas, the adoption of the Five-Year advance of City funds for said Project. Street Construction Program is a prudent Section 2. It is hereby directed that the measure to provide continuity of programs and sum of $134,704 be advanced from time to is in the best interest of the City of Dubuque. time to the Downtown Parking Ramp Shuttle NOW THEREFORE, BE IT RESOLVED Service Project Fund from the General Fund in BY THE CITY COUNCIL OF THE CITY OF order to pay the costs of the Project. The ad- DUBUQUE, IOWA: vance shall be treated as an internal loan (the Section 1. That the Five-Year Street Con-Loan) to the Downtown Parking Ramp Shuttle struction Program for Fiscal Years 2010 - 2014 Service Project Fund from the General Fund, beginning July 1, 2009, set out in the Fiscal which shall be repaid to the General Fund from Years 2010 - 2014 recommended Capital Im-the Tax Increment Fund from the incremental provement Budget, is hereby approved and tax revenues received with respect of proper- adopted as the proposed allocation of City ties located within the Urban Renewal Area. resources for capital improvements as sche-Annual payments shall be made on the Loan duled in the years shown, subject to annual on each June 1, commending June 1, 2010, review and revision. until the Loan is fully paid, to the extent there th Passed, approved and adopted this 9 day are incremental tax revenues available for of March, 2009. such purpose which have been allocated to or Roy D. Buol, Mayor accrued in the Tax Increment Fund. Attest: Jeanne F. Schneider, CMC, City Clerk Section 3. The Tax Increment Fund is he- reby pledged to the repayment of the Loan. RESOLUTION NO. 94-09 The City Clerk and Budget Director shall take APPROVING AN ADVANCE OF FUNDS FOR such actions as are necessary to comply with REPAYMENT FROM THE GREATER this Resolution, including certification of the DOWNTOWN URBAN RENEWAL TAX IN- Loan amount to the County Auditor for reim- CREMENT FUND, AND DIRECTING THE bursement under Iowa Code Section 403.19. th CERTIFICATION OF AN URBAN RENEWAL Passed, approved and adopted this 9 day PROJECT ADVANCE UNDER IOWA CODE of March, 2009. SECTION 403.19 Roy D. Buol, Mayor WHEREAS, the City of Dubuque, Iowa has Attest: Jeanne F. Schneider, CMC, City Clerk heretofore established the Greater Downtown RESOLUTION NO. 95-09 Urban Renewal Area (the Urban Renewal APPROVING AN ADVANCE OF FUNDS FOR Area), and expects to undertake certain REPAYMENT FROM THE DUBUQUE IN- projects, public improvements and activities DUSTRIAL CENTER URBAN RENEWAL within the Urban Renewal Area in furtherance TAX INCREMENT FUND, AND DIRECTING of the objectives of the Urban Renewal Plan THE CERTIFICATION OF AN URBAN RE- for said Urban Renewal Area, including the NEWAL PROJECT ADVANCE UNDER IOWA creation of a Downtown Parking Ramp Shuttle CODE SECTION 403.19 Service which would serve the Greater Down- town Area (the Project); and WHEREAS, the City of Dubuque, Iowa has WHEREAS, in order to advance funds for heretofore established the Dubuque Industrial the cost of the Project, it is necessary to make Center Economic Development District Urban certain findings under Chapter 403; and Renewal Area (the Urban Renewal Area), and Book 139 Special Session, March 9, 2009 101 expects to undertake certain projects, public Motion by Jones to receive and file the improvements and activities within the Urban documents and that the requirement that a Renewal Area in furtherance of the objectives proposed ordinance be considered and voted of the Urban Renewal Plan for said Urban Re-on for passage at two Council meetings prior to newal Area, including the creation of a West-the meeting at which it is to be passed be sus- end tripper service route which would serve pended. Seconded by Braig. Motion carried 7-0. the Urban Renewal Area (the Project); and Motion by Jones for final consideration and WHEREAS, in order to advance funds for passage of the proposed ordinances. the cost of the Project, it is necessary to make Seconded by Braig. Motion carried 7-0. certain findings under Chapter 403; and Ordinance No. 12-09 Amending the Code WHEREAS, it is the intention of the City to of Ordinances of the City of Dubuque, Iowa, certify the amount of funds so advanced for Sections 44-201(a) Fixing water rates for resi- reimbursement from the available incremental dential, commercial, industrial, and all other property tax revenues generated within the uses Urban Renewal Area under Iowa Code Section Ordinance No. 13-09 Amending the City of 403.19. Dubuque Code of Ordinances Section 44-202 NOW THEREFORE, BE IT RESOLVED Fixing water rates for fire sprinkler service BY THE CITY COUNCIL OF THE CITY OF Ordinance No. 14-09 Amending the City of DUBUQUE, IOWA: Dubuque Code of Ordinances Sections 44- Section 1. Pursuant to Ordinance No. 130-83(a)(2) and 44-83(a)(3)g Establishing basic 88 there has been established the Dubuque sewer rates for residential and commercial Industrial Center Urban Renewal Tax Incre-users by increasing the rates ment Revenue Fund (the Tax Increment Ordinance No. 15-09 Amending the City of Fund), into which the incremental property tax Dubuque Code of Ordinances Section 40-37 revenues received in respect of properties paragraphs (a), (b) and (c) establishing located within the Urban Renewal Area are to charges for the collection and disposal of solid be deposited. The Council hereby finds and waste materials; and amending Section 40-37 determines that the above-described Project Paragraph (d) Establishing charges for the constitutes an “urban renewal project” as de-collection and disposal of solid waste materials fined in Iowa Code Chapter 403, and further related to the Solid Waste Alley Cart Program; approves an advance of City funds for said and Project. Ordinance No. 16-09 Amending City of Section 2. It is hereby directed that the Dubuque Code of Ordinances Section 44- sum of $16,862 be advanced from time to time 274(d) SFU Rate, Charges; Utility Revenues to the West-end Tripper Service Route Project OFFICIAL PUBLICATION Fund from the General Fund in order to pay ORDINANCE NO. 12-09 the costs of the Project. The advance shall be AMENDING THE CITY OF DUBUQUE CODE treated as an internal loan (the Loan) to the OF ORDINANCES SECTION 44-201(a) FIX- West-end Tripper Service Route Project Fund ING WATER RATES FOR RESIDENTIAL, from the General Fund, which shall be repaid COMMERCIAL, INDUSTRIAL, AND ALL to the General Fund from the Tax Increment OTHER USES Fund from the incremental tax revenues re- ceived with respect of properties located within NOW, THEREFORE, BE IT ORDAINED the Urban Renewal Area. Annual payments BY THE CITY COUNCIL OF THE CITY OF shall be made on the Loan on each June 1, DUBUQUE, IOWA: commending June 1, 2010, until the Loan is Section 1. Section 44-201(a) of the City of fully paid, to the extent there are incremental Dubuque Code of Ordinances is hereby tax revenues available for such purpose which amended to read as follows: have been allocated to or accrued in the Tax Section 44-201. Residential, Commercial, Increment Fund. Industrial and All Other Uses. Section 3. The Tax Increment Fund is he-(a) The rates to be charged for water for reby pledged to the repayment of the Loan. residential, commercial, industrial and The City Clerk and Budget Director shall take all other uses and purposes by any such actions as are necessary to comply with person, firm or corporation within the this Resolution, including certification of the City shall be based on units of one- Loan amount to the County Auditor for reim-hundred cubic feet (748 gallons) as bursement under Iowa Code Section 403.19. follows: th Passed, approved and adopted this 9 day of March, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 102 Special Session, March 9, 2009 Book 139 (a) Customers who have Monthly Con-Charge fire sprinkler service sumption (in per shall be billed for this Hundreds of Hundred service on a monthly Cubic Feet) Cubic basis. The monthly Feet charge shall be as fol- First 30 $2.16 lows: Next 120 $1.76 NUMBER OF MONTHLY Next 350 $1.64 HEADS CURRENT CHARGES Next 500 $1.45 Up to 200 Next 1,000 $1.27 (minimum monthly charge).$12.94 Rates shall be subject to the fol- 200 – 299 $15.53 lowing minimum monthly charge ac- 300 – 399 $18.10 cording to the size of the meter: 400 – 599 $20.69 Meter Monthly Consump-Minimum 600 – 799 $23.27 Size tion Charge 800 – 999 $25.87 Inches (In Hundreds of Cubic Feet) 1,000 – 1,199 $28.46 5/8 2 $ 4.32 1,200 – 1,399 $31.02 3/4 5 $ 10.80 1,400 – 1,599 $33.62 1 8 $ 17.28 1,600 – 1,799 $36.21 1½ 26 $ 56.16 1,800 – 1,999 $38.78 2 46 $ 92.96 2,000 – 2,199 $41.37 3 106 $ 198.56 2,200 – 2,399 $43.94 4 168 $ 305.52 2,400 – 2,599 $46.55 6 368 $ 633.52 2,600 – 2,799 $49.13 8 625 $1,031.25 2,800 – 2,999 $51.78 A property owner shall pay a 3,000 – 3,500 $54.30 $30.00 disconnect fee for water ser- Over 3,500 $ 2.59 vice that is disconnected by city staff (for each additional 500 (meter not in service). When a tenant heads or fraction thereof account is subject to disconnection Section 2. This Ordinance shall take effect due to delinquency, the tenant shall July 1, 2009. pay the $30.00 disconnect fee. Passed, approved and adopted this 9th A $5.00 minimum monthly charge day of March, 2009. will be assessed for meters not in /s/Roy D. Buol, Mayor service. Attest: Section 2. This Ordinance shall take effect /s/Jeanne F. Schneider, CMC, City Clerk July 1, 2009. Published officially in the Telegraph Herald th Passed, approved and adopted this 9th Newspaper the 13 day of March, 2009. day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk /s/Roy D. Buol, Mayor Attest: OFFICIAL PUBLICATION /s/Jeanne F. Schneider, CMC, City Clerk ORDINANCE NO. 14-09 Published officially in the Telegraph Herald AMENDING THE CITY OF DUBUQUE CODE th Newspaper the 13 day of March, 2009. OF ORDINANCES SECTIONS 44-83 (a)(2) /s/Jeanne F. Schneider, CMC, City Clerk AND 44-83 (a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND OFFICIAL PUBLICATION COMMERCIAL USERS BY INCREASING ORDINANCE NO. 13-09 THE RATES AMENDING THE CITY OF DUBUQUE CODE NOW, THEREFORE, BE IT ORDAINED OF ORDINANCES SECTION 44-202 FIXING BY THE CITY COUNCIL OF THE CITY OF WATER RATES FOR FIRE SPRINKLER DUBUQUE, IOWA: SERVICE Section 1. Section 44-83 (a)(2) of the City NOW, THEREFORE, BE IT ORDAINED of Dubuque Code of Ordinances is amended BY THE CITY COUNCIL OF THE CITY OF to read as follows: DUBUQUE, IOWA: Section 44-83 (a)(2) Schedule of Section 1. Section 44-202(a) of the City of Rates: Dubuque Code of Ordinances is hereby Rates per each one hundred amended to read as follows: (100) cubic feet: $2.37 Section 44-202(a). Fire Sprinkler Ser- Section 2. Section 44-83 (a)(3)g of the City vice. of Dubuque Code of Ordinances is amended to read as follows: Book 139 Special Session, March 9, 2009 103 Where the quantity of water consumed ager. Such credit shall continue only so is such that the minimum service is long as the class I premises is vacant. charged, the minimum sewer service (2) Class I premises when the head of charge, according to the size of the meter, the household is sixty five (65) years of shall be as follows: age or older and has an annual income equal to or less than the income standards Meter Minimum Allowance used by HUD for its "section eight (8) hous- Size Charge (cubic feet) ing program" for one- and two-person (inches) households may, upon application to the 5/8 $ 4.75 200 city manager, be exempted from one-half 3/4 $ 11.84 500 (1/2) the established collection charge. Af- 1 or $ 18.96 800 ter the initial application, annual application larger shall be made by the head of household on Section 3. This Ordinance shall take effect July 1 of each year to verify annual income upon publication. and eligibility. th Passed, approved and adopted this 9 day (3) In cases of extreme financial hard- of March 2009. ship, the city manager, may and is hereby /s/Roy D. Buol, Mayor authorized and empowered to, make ad- Attest: justments in the monthly collection charges /s/Jeanne F. Schneider, CMC, City Clerk as the city manager may deem appropri- Published officially in the Telegraph Herald ate. In such cases, the city manager shall th Newspaper the 13 day of March, 2009. have the authority to require such proof of /s/Jeanne F. Schneider, CMC, City Clerk vacancy, financial status, age or extreme hardship, as the city manager may deem OFFICIAL PUBLICATION necessary. ORDINANCE NO. 15-09 (4) Class I premises when a family AMENDING CITY OF DUBUQUE CODE OF household of five (5) or more persons has ORDINANCES SECTION 40-37 PARA- an annual income equal to or less than the GRAPHS (a), (b), and (c) ESTABLISHING income standards used by HUD for its CHARGES FOR THE COLLECTION AND "section eight (8) housing program" for the DISPOSAL OF SOLID WASTE MATERIALS; size of that household may, upon applica- AND AMENDING SECTION 40-37 PARA- tion to the city manager, be exempted from GRAPH (d) ESTABLISHING CHARGES FOR one-half (1/2) the established collection THE COLLECTION AND DISPOSAL OF charge. After the initial application, annual SOLID WASTE MATERIALS RELATED TO application shall be made by the head of THE SOLID WASTE ALLEY CART PRO- household on July 1 of each year to verify GRAM. annual income and eligibility. NOW, THEREFORE, BE IT ORDAINED (b) Class II Premises: A fee of ten dollars BY CITY COUNCIL OF THE CITY OF DUBU- and sixty cents ($10.60) per month shall be QUE, IOWA: paid to the city by the property owner of each Section 1. Section 40-37 of the City of Du- class II premises for such services. Said fee buque Code of Ordinances is hereby amended shall be in payment for collection and disposal to read as follows: of one 35-gallon can or one 35-gallon trash Sec. 40-37. Charges-Amounts; Exceptions: bag of "solid waste" as defined. There is no (a) Class I Premises: Except as qualified limit on the number of bins allowed to be col- below, a fee of ten dollars and sixty cents lected containing acceptable "recyclable mate- ($10.60) per dwelling unit per month shall be rials" as defined. paid to the city by the property owner of each The owner of a class II premises served by class I premises for such services. Said fee the city solid waste collection may provide the shall be in payment for collection and disposal city manager with not less than fourteen (14) of one 35-gallon can or one 35-gallon trash days' written notice of intent to terminate the bag of "solid waste" as defined in this chapter. service. Such termination of service shall be There is no limit on the number of bins allowed effective at the beginning of the next billing to be collected containing acceptable "recycla- period after such fourteen (14) day notice pe- ble materials" as defined in this chapter. Ex- riod. ceptions to the collection charges for class I (c) Class III Premises: A fee of ten dol- premises are as follows: lars and sixty cents ($10.60)per month shall (1) When a class I premises has been be paid to the city by the property owner of vacant for a period not less than three (3) each class III premises for such services. Said consecutive months, the owner may apply fee shall be in payment for collection and dis- to the city manager for a credit under pro- posal of one 35-gallon can or one 35-gallon cedures to be established by the city man- trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be 104 Special Session, March 9, 2009 Book 139 collected containing acceptable "recyclable (4) For the period July 1, materials" as defined. 2012 through June 30, The owner of a class III premises served 2013 the SFU rate shall by city solid waste collection may provide the be $6.85 per SFU. city manager with not less than fourteen (14) (5) For the period July 1, days' written notice of intent to terminate the 2013 through June 30, service. Such termination of service shall be 2014 the SFU rate shall effective at the beginning of the next billing be $6.90 per SFU. period after such fourteen (14) day notice pe-(6) For the period July 1, riod. 2014 through June 30, Unit Based Pricing (d) : Collection options 2033 the SFU rate shall and charges under unit based pricing for class be $7.00 per SFU. th I, II and III premises are as follows: Passed, approved and adopted this 9 day . . . . of March, 2009. (9) In alleys where solid waste /s/Roy D. Buol, Mayor carts, owned by the city for semi-Attest: automated lifting, are required to be /s/Jeanne F. Schneider, CMC, City Clerk subscribed by owners, tenants and/or Published officially in the Telegraph Herald th property managers of class I, II, and Newspaper the 13 day of March, 2009. III premises where the approved se-/s/Jeanne F. Schneider, CMC, City Clerk tout location is in an alley. The cus- tomer shall choose the number and Voetberg stated that he will continue his size of the cart(s). Such carts shall be monthly meetings for ward constituents at subscribed according to a fee sche-Stone Cliff Winery on the last Tuesday of each dule and program requirements as month. approved by the city manager. Section 2. This ordinance shall take effect There being no further business, upon mo- on the 1st day of July, 2009. tion the City Council adjourned at 7:30 p.m. th Passed, approved and adopted this 9 day of March, 2009. /s/Jeanne F. Schneider, CMC /s/Roy D. Buol, Mayor City Clerk Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 13 day of March, 2009. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 16-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-274(d) SFU RATE, CHARGES; UTILITY REVENUES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 44-274(d) is amended to read as follows: (d) The SFU rate to be applied to resi- dential and nonresidential proper- ties shall be as follows: (1) For the period July 1, 2008 through June 30, 2010 the SFU rate shall be $4.00 per SFU; (2) For the period July 1, 2010 through June 30, 2011 the SFU rate shall be $5.25 per SFU; (3) For the period July 1, 2011 through June 30, 2012 the SFU rate shall be $5.60 per SFU. Book 139 Regular Session, March 16, 2009 105 CITY OF DUBUQUE, IOWA ty; Robert and Aurora Merritt for property damage; April Shoars for personal injury; Paul CITY COUNCIL Wheelock for property damage. Upon motion OFFICIAL the documents were received and filed and PROCEEDINGS referred to the City Attorney. City Attorney advising that the following The Dubuque City Council met in regular claims have been referred to Public Entity Risk session at 6:30 p.m. on March 16, 2009 in the Services of Iowa, the agent for the Iowa Com- Historic Federal Building munities Assurance Pool: Rodney Miller for property damage; Al Lundh for vehicle dam- Present: Mayor Buol, Council Members age; Robert and Aurora Merritt for property Braig, Connors, Jones, Lynch, Resnick, Acting damage; Paul Wheelock for property damage. City Manager Mary Rose Corrigan, City Attor- Upon motion the documents were received ney Lindahl and filed and concurred. Absent: Council Member Voetberg Historic Old Main Lighting and Sidewalk Project: City Manager recommending accep- Mayor Buol read the call and stated this is tance of the Historic Old Main Lighting and a regular session called for the purpose of Sidewalk Project as completed by Portzen discussing such matters which may properly Construction, Inc. in the final contract amount come before the City Council. of $378,758.63, and the final schedule of as- sessments. Upon motion the documents were Pledge of Allegiance received and filed and Resolution No. 96-09 Accepting the Historic Old Main Street Lighting Invocation was provided by Elder Robert and Sidewalk Replacement Project and autho- Tyler of Arbor Oaks Bible Chapel. rizing the payment of the contract amount to the contractor and Resolution No. 97-09 CONSENT ITEMS Adopting the final assessment schedule for the Historic Old Main Street Lighting and Sidewalk Motion by Lynch to receive and file the Replacement Project were adopted. documents, adopt the resolutions, and dispose of as indicated with (#3) Indiana Subdivision RESOLUTION NO. 96-09 Acceptance having been withdrawn from the ACCEPTING THE HISTORIC OLD MAIN agenda. Seconded by Braig. Motion carried 6- STREET – LIGHTING AND SIDEWALK RE- 0. PLACEMENT PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT Minutes and Reports Submitted: Arts and AMOUNT TO THE CONTRACTOR Cultural Affairs Advisory Commission of 1/27; Whereas, the Public Improvement Contract Cable TV Regulatory Commission of 12/10; for the Historic Old Main Street – Lighting and Cable TV Teleprogramming Commission of Sidewalk Replacement Project (the Project) 2/3; City Conference Board of 1/28; City has been completed and the City Engineer has Council of 3/2, 3/4, and 3/9; Environmental examined the work and filed a certificate stat- Stewardship Advisory Commission of 3/10; ing that the Project has been completed ac- Governing Board of the Municipal Housing cording to the terms of the Public Improvement Agency of 3/9; Historic Preservation Commis- Contract and that the City Engineer recom- sion of 2/19; Human Rights Commission of mends that the Project be accepted; and 2/9; Long Range Planning Advisory Commis- NOW THEREFORE, BE IT RESOLVED sion of 2/18; Zoning Advisory Commission of BY THE CITY COUNCIL OF THE CITY OF 3/4 DUBUQUE, IOWA: Proofs of publication of City Council Pro- Section 1. The recommendation of the City ceedings of February 16 (Special and Regular Engineer is approved and the Project is hereby Session), February 17, February 19, and Feb- accepted. ruary 23, 2009 and List of Claims and Sum- Section 2. The Finance Director is hereby mary of Revenues for Month Ending January directed to pay to the Contractor from the Si- 31, 2009 dewalk Assessment – Sidewalk Replacement, Upon motion the documents were received Annual Street Construction Program (FY 2008) and filed. Main Street Sidewalk Improvements – Jones st to Fifth Street, Main Street Historic Lighting (1 Notice of Claims/Suits: Al Lundh for vehicle th to 5), Traffic Signal Intersection Reconstruc- damage; Portzen Construction d/b/a Dubuque tion, Sidewalk Program Related Curb/Catch Plumbing and Heating Company for services Basin Replacement, Catch Basin Mainten- provided at the Port of Dubuque Parking Facili- ance, Watermain Replacement Fund and the 106 Regular Session, March 16, 2009 Book 139 Historic District Public Improvement Program the first publication of which shall be not more appropriations for the contract amount of than fifteen days from the date of filing of the $378,758.63 less any retained percentage Final Schedule of Assessments. On or before provided for therein as provided in Iowa Code the date of the second publication of the no- chapter 573, and to pay such retainage only in tice, the City Clerk shall also mail a copy of accordance with the provisions of Iowa Code said notice to property owners whose property chapter 573. is subject to assessment, as provided in Iowa th Passed, approved and adopted this 16 Code § 384.60. day of March, 2009. The assessments may be paid in full or in Roy D. Buol, Mayor part without interest at the office of the City th Attest: Jeanne F. Schneider, CMC, City Clerk Treasurer, City Hall, 50 W. 13 Street, Dubu- que, Iowa, at any time within 30 days after the CITY ENGINEER’S CERTIFICATE OF FINAL date of the first notice of the Final Schedule of COMPLETION OF THE HISTORIC OLD Assessments. Thereafter, unpaid assessments MAIN STREET – LIGHTING AND SIDEWALK of $100.00 or more are payable in 10 annual REPLACEMENT PROJECT installments at the County Treasurer’s Office, The undersigned City Engineer of the City Dubuque County Courthouse, 720 Central of Dubuque, Iowa, hereby certifies that he has Avenue, Dubuque, Iowa, and will draw annual inspected the Historic Old Main Street – Light-interest at nine percent (9%) computed to De- ing and Sidewalk Replacement Project, that cember 1 next following the due dates of the the Project has been performed in compliance respective installments as provided in Section with the terms of the Public Improvement Con-384.65 of the Code of Iowa. Each installment tract, and that the total cost of the completed will be delinquent from October 1 following its work is $460,678.36. due date on July 1 of each year. However, th Dated this 16 day of March, 2009. when the last day of September is a Saturday Gus Psihoyos, City Engineer or Sunday, that amount shall be delinquent Filed in the office of the City Clerk on the from the second business day of October. De- th 16 day of March, 2009. linquent installments will draw the same delin- Kevin S. Firnstahl, Assistant City Clerk quent interest as ordinary taxes. Property owners may elect to pay any annual install- RESOLUTION NO. 97-09 ments semi-annually in advance. th ADOPTING THE FINAL ASSESSMENT Passed, approved and adopted this 16 SCHEDULE FOR THE HISTORIC OLD MAIN day of March, 2009. STREET – LIGHTING AND SIDEWALK RE- Roy D. Buol, Mayor PLACEMENT PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Port of Dubuque Outdoor Plaza – Phase I DUBUQUE, IOWA: Project: City Manager recommending accep- After full consideration, the Final Schedule tance of the construction contract for the Port of Assessments as shown on the attached of Dubuque Outdoor Plaza – Phase I Project sheet(s), Page 1 to Page 2 inclusive, is hereby as completed by Nauman Nursery in the final approved for the Historic Old Main Street – contract amount of $334,025.16. Upon motion Lighting and Sidewalk Replacement Project. the documents were received and filed and There is hereby assessed and levied as a Resolution No. 98-09 Accepting the Port of special tax against and upon each of the bene-Dubuque Outdoor Plaza Project – Phase I and fited properties, the respective sums indicated. authorizing the payment of the contract The amounts shown in said Final Schedule of amount to the contractor was adopted. Assessments as deficiencies are found to be RESOLUTION NO. 98-09 proper and levied conditionally against the ACCEPTING THE PORT OF DUBUQUE respective properties benefited by the im- OUTDOOR PLAZA PROJECT – PHASE I provements as shown in the Final Schedule of AND AUTHORIZING THE PAYMENT OF THE Assessments, subject to the provisions of Iowa CONTRACT AMOUNT TO THE CONTRAC- Code § 384.63. Said assessments against TOR said lots are hereby declared to be in propor- tion to the special benefits conferred and not in Whereas, the Public Improvement Contract excess of twenty-five percent of the value of for the Port of Dubuque Outdoor Plaza Project same. - Phase I (the Project) has been completed The City Clerk be and is hereby directed to and the City Engineer has examined the work certify the Final Schedule of Assessments to and filed a certificate stating that the Project the County Treasurer of Dubuque County, has been completed according to the terms of Iowa, and to publish notice of said certification the Public Improvement Contract and that the once each week for two consecutive weeks in City Engineer recommends that the Project be the manner provided in Iowa Code § 362.3, accepted; and Book 139 Regular Session, March 16, 2009 107 NOW THEREFORE, BE IT RESOLVED Special Events Grant Program: City Man- BY THE CITY COUNCIL OF THE CITY OF ager recommending approval of proposed DUBUQUE, IOWA: revisions and requirements for the Special Section 1. The recommendation of the City Events Grant Program. Upon motion the doc- Engineer is approved and the Project is hereby uments were received, filed, and approved. accepted. Section 2. The Finance Director is hereby Citizen Communication: Communication directed to pay to the Contractor from the from Sister Lené Rubly, OSF, thanking the City McGraw-Hill Land Sale (General) (CIP Council for their recent action regarding Trail- 3601855) appropriation for the contract ways. Upon motion the document was re- amount of $334,025.16 less any retained per-ceived and filed. centage provided for therein as provided in Iowa Code chapter 573, and to pay such retai-Certificate of Appreciation: Certificate of nage only in accordance with the provisions of Appreciation from Governor Chester J. Culver Iowa Code chapter 573. and John R. Norris, Iowa Utilities Board, to the th Passed, approved and adopted this 16 City of Dubuque for valuable contributions to day of March, 2009. the Iowa Weatherization Challenge. Upon mo- Roy D. Buol, Mayor tion the document was received and filed. Attest: Jeanne F. Schneider, CMC, City Clerk Stormwater Management Utility Subsidy: CITY ENGINEER’S CERTIFICATE OF FINAL City Manager recommending approval of in- COMPLETION OF THE PORT OF DUBUQUE creasing the Stormwater Management Utility OUTDOOR PLAZA PROJECT – PHASE I Subsidy for residential farms from fifty percent The undersigned City Engineer of the City to seventy-five percent effective March 17, of Dubuque, Iowa, hereby certifies that he has 2009. Upon motion the documents were re- inspected the Port of Dubuque Outdoor Plaza ceived, filed, and approved. Project – Phase I, that the Project has been performed in compliance with the terms of the Alcohol Compliance – Civil Penalties for Public Improvement Contract, and that the Alcohol License Holders: City Manager re- total cost of the completed work is commending approval of the Acknowledge- $334,025.16. ment/Settlement Agreements for a first offense th Dated this 16 day of March, 2009. alcohol compliance violation for Angie’s Tap, Gus Psihoyos, City Engineer 1401 Elm Street; Oky Doky, 1256 Iowa Street; Filed in the office of the City Clerk on the Noonan’s Tap, 1618 Central Avenue; Busted th 16 day of March, 2009. Lift, 180 Main Street; and Lien Oriental Food, th Kevin S. Firnstahl, Assistant City Clerk 115 West 11 Street. Upon motion the docu- ments were received, filed, and approved. PEG Capital Grant Expenditure Requests: City Manager recommending approval of the Clean City Coalition Designation: Commu- Cable TV Tele-Programming Commission rec-nication to Brian Crowe, Iowa Office of Energy ommendations for funding from the Public, Independence, requesting confirmation of the Educational, and Government (PEG) Capital City’s membership on the Iowa Clean Cities Grant for Access Equipment and Facilities in Coalition from the Iowa Office of Energy Inde- the amount of $925 for Dubuque Community pendence. Upon motion the document was Schools and $14,000 for the City of Dubuque. received and filed. Upon motion the documents were received, filed, and approved. Renewal of Interim Application for Wireless Telecommunications Facilities: City Manager NICC I-Net User Agreement: City Manager recommending that the Resolution of Interim recommending approval of an I-Net User Application for Wireless Telecommunications Agreement with Northeast Iowa Community Facilities be renewed for an additional 120 College. Upon motion the documents were days. Upon motion the documents were re- received, filed, and approved. ceived and filed and Resolution No. 99-09 Amending Resolution No. 238-08 which Lease Amendment for “Dubuque by Car-adopted an interim application process for riage”: City Manager recommending approval wireless telecommunication facilities by ex- of the Seventh Amendment to the lease tending the interim application process until agreement with Carole Lindstrom of “Dubuque June 1, 2009 was adopted. by Carriage” to extend the original lease of the former Dock Board building for an additional two years. Upon motion the documents were received, filed, and approved. 108 Regular Session, March 16, 2009 Book 139 RESOLUTION NO. 99-09 Stop C-Store; and Resolution No. 101-09 AMENDING RESOLUTION NO. 238-08 Granting the issuance of a Class “C” WHICH ESTABLISHED AN INTERIM APPLI- Beer/Liquor License to Salsa’s Mexican Res- CATION PROCESS FOR WIRELESS TELE- taurant, Mystique Casino, Ground Round, COMMUNICATIONS FACILITIES, BY EX- P.J.’s, and Estrella; a Class “B” Wine to Hy- TENDING THE INTERIM APPLICATION Vee #3; and a Class “WBN” Native Wine to PROCESS UNTIL JUNE 1, 2009 Bluff Street Brew Haus, Kwik Stop C-Store and Whereas, Resolution No. 238-08 estab-National Mississippi River Museum were lished a ninety (90) day Interim Application adopted. Process for the issuance of permits by the City RESOLUTION NO. 100-09 of Dubuque on applications for the construc- tion of wireless telecommunications towers, Whereas, applications for Beer Permits facilities and related facilities; and have been submitted and filed to this Council Whereas, the City Council has determined for approval and the same have been ex- that the Interim Application Process should be amined and approved: and extended to allow the review of regulations for Whereas, the premises to be occupied by the construction of wireless telecommunica-such applicants were inspected and found to tions towers, facilities and related facilities to comply with the Ordinances of the City and be included in the Unified Development Code. have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. The Interim Application Process That the Manager be authorized to cause for the issuance of permits by the City of Du-to be issued the following named applicants a buque on applications for the construction of Beer Permit. wireless telecommunications towers, facilities CLASS “C” BEER PERMIT and related facilities is hereby re-established Hy-Vee, Inc., Hy-Vee #3 +(Sunday Sale), and extended to June 1, 2009. 400 Locust Street th Passed, approved and adopted this 16 Rainbo Oil Company, Kwik Stop C- day of March, 2009. Store+(Sunday Sale), 2335 University Avenue th Roy D. Buol, Mayor Passed, approved and adopted this 16 Attest: Jeanne F. Schneider, CMC, City Clerk day of March, 2009. Roy D. Buol, Mayor Applewood Apartments – Application for Attest: Jeanne F. Schneider, CMC, City Clerk Tax Credits: City Manager recommending City RESOLUTION NO. 101-09 Council endorsement of an application from Horizon Development to the Iowa Finance Whereas, applications for Liquor Licenses Authority for low-income housing tax credits for have been submitted to this Council for ap- Applewood Apartments Phase III on Pennsyl-proval and the same have been examined and vania Avenue. Upon motion the documents approved; and were received, filed, and approved. Whereas, the premises to be occupied by such applicants were inspected and found to Mediacom: Communication from Lee comply with the State Laws and all City Ordin- Grassley, Senior Manager – Government Re-ances relevant thereto and they have filed lations of Mediacom, advising that Mediacom proper bonds. will no longer carry the TV Guide Network ef-NOW, THEREFORE, BE IT RESOLVED fective on or about April 13, 2009 and that the BY THE CITY COUNCIL OF THE CITY OF Music Choice lineup will be updated on or DUBUQUE, IOWA: about April 15, 2009. Upon motion the docu-That the Manager be authorized to cause ment was received and filed. to be issued the following named applicants a Liquor License. Signed Contracts: Hawkeye Truck and CLASS “C” BEER/LIQUOR LICENSE Trailer for ambulance purchase and Water Salsa’s Inc., Salsa’s Mexican Restaurant Pollution Control Plant Sustainable Energy +(Sunday Sale), 1091 Main Street Consultant Services. Upon motion the docu-Dubuque Racing Assoc., Mystique Casino ments were received and filed. +(Sunday/Outdoor Sale), 1855 Greyhound Park Drive Liquor License Applications: City Manager Jamis, LLC, Ground Round +(Sunday recommending approval of annual liquor li-Sale), 50 JFK Road cense renewals as submitted. Upon motion the Lana Kaye LuGrain, P.J.’s +(Sunday Sale), documents were received and filed and Reso-500 Rhomberg Avenue lution No. 100-09 Granting the issuance of a PSM LLC, Estrella +(Sunday/Outdoor Class “C” Beer Permit to Hy-Vee #3 and Kwik Sale), 600 Star Brewery Drive #200 Book 139 Regular Session, March 16, 2009 109 CLASS “B” WINE Section 2. The City Clerk is hereby Hy-Vee, Inc, Hy-Vee #3, 400 Locust Street authorized and directed to cause this Resolution CLASS “WBN” NATIVE WINE and a notice to be published as prescribed by Jerry Anderson, Bluff Street Brew Haus, Iowa Code Section 364.7 of a public hearing on 372 Bluff Street the City's intent to dispose of the foregoing- th Rainbo Oil Company, Kwik Stop C-Stores, described real property, to be held on the 6 day 2335 University Avenue of April, 2009, at 6:30 o'clock p.m. at the Historic th DBQ Co. Historical Society, Nat’l Missis-Federal Building, Council Chambers, 350 W. 6 rd sippi River Museum, 350 E 3 Street Street, Dubuque, Iowa. th Passed, approved and adopted this 16th Passed, approved and adopted this 16 day day of March, 2009 of March, 2007. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project: City Motion by Jones to receive and file the Manager recommending initiation of the public documents, adopt the resolutions, set the pub-bidding process for the Eagle Point Water lic hearings as indicated, and direct the City Plant West Clear Well Reservoir Rehabilitation Clerk to publish notice as prescribed by law. Phase II Project and that a public hearing be Seconded by Connors. Motion carried 6-0. set for April 6, 2009, to consider approval of the plans and specifications, form of contract J.D. Communications, Inc. Lease: City and estimated cost. Upon motion the docu- Manager recommending that a public hearing ments were received and filed and Resolution be set for April 6, 2009, to consider a five year No. 103-09 Preliminary approval of plans, spe- lease with J.D. Communications, Inc. for space cifications, form of contract, and estimated in the Historic Federal Building. Upon motion cost, setting date of public hearing and order- the documents were received and filed and ing bids for the Eagle Point Water Plant West Resolution No. 102-09 Resolution of intent to Clear Well Reservoir Rehabilitation Phase II dispose of an interest in real property owned Project was adopted setting a public hearing by the City of Dubuque by lease between the for a meeting to commence at 6:30 p.m. on City of Dubuque, Iowa and J.D. Communica-April 6, 2009 in the Historic Federal Building. tions, Inc. was adopted setting a public hearing RESOLUTION NO. 103-09 for a meeting to commence at 6:30 p.m. on EAGLE POINT WATER PLANT CLEAR- April 6, 2009 in the Historic Federal Building. WELL RESERVOIR REHABILITATION RESOLUTION NO. 102-09 PHASE II (PIPE COATING) PROJECT INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF PRELIMINARY APPROVAL OF PLANS, DUBUQUE BY LEASE BETWEEN THE CITY SPECIFICATIONS, FORM OF CONTRACT, OF DUBUQUE, IOWA AND JD AND ESTIMATED COST; SETTING DATE COMMUNICATIONS, INC. OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND WHEREAS, the City of Dubuque, Iowa (City) ESTIMATED COST; AND ORDERING THE owns the real property described as the Historic th ADVERTISEMENT FOR BIDS Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; andNOW THEREFORE, BE IT RESOLVED WHEREAS, City and JD Communication, BY THE CITY COUNCIL OF THE CITY OF Inc. have negotiated a Lease Agreement for DUBUQUE, IOWA: space in the Historic Federal Building, a copy of The proposed plans, specifications, form of which Lease Agreement is on file at the office of contract and estimated cost for the Eagle Point th the City Clerk, City Hall, 13 and Central Water Plant Clear Well Rehabilitation Project, Avenue, Dubuque, Iowa; andin the estimated amount of $52,000, are here- WHEREAS, the City Council believes it is in by preliminarily approved and ordered filed in the best interests of the City of Dubuque to the office of the City Clerk for public inspec- approve the Lease Agreement.tion. NOW, THEREFORE, BE IT RESOLVED BY A public hearing will be held on the 6th day THE CITY COUNCIL OF THE CITY OF of April, at 6:30 p.m. in the Historic Federal DUBUQUE, IOWA:Building Council Chambers at which time in- Section 1. The City of Dubuque intends to terested persons may appear and be heard for dispose of its interest in the foregoing-described or against the proposed plans and specifica- real property by Lease Agreement between City tions, form of contract and estimated cost of and JD Communication, Inc.said Project, and the City Clerk be and is he- reby directed to cause the attached notice of 110 Regular Session, March 16, 2009 Book 139 the time and place of such hearing to be pub-Excess Right-of-Way – Old Mill Road and lished in a newspaper having general circula-Manson Road: Proof of publication on notice of tion in the City of Dubuque, Iowa, which notice hearing to consider disposing of the City’s in- shall be published not less than four days nor terest in excess right-of-way purchased for the more than twenty days prior to the date of reconstruction of Kelly Lane to Rockdale Me- such hearing. At the hearing, any interested thodist Church and City Manager recommend- person may appear and file objections to the ing approval. Motion by Connors to receive proposed plans, specifications, form of con-and file the documents and adopt Resolution tract, or estimated cost of the Project. No. 104-09 Approving Plat of Lot 1 of Old Mill The Eagle Point Water Plant Clear Well Place No. 3 in the City of Dubuque, Dubuque Rehabilitation (Coating) Project is hereby or-County, Iowa, and abutting Old Mill Road dered to be advertised for bids for construc-roadway easement; Resolution No. 105-09 tion. Vacating portions of excess rights-of-way and The amount of the security to accompany easements of Old Mill Road and Manson each bid shall be in an amount which shall Road; and Resolution No. 106-09 Disposing of conform to the provisions of the Notice to Bid-City interest in Lot 1 of Old Mill Place No. 3 in ders hereby approved. the City of Dubuque, Dubuque County, Iowa. The City Clerk is hereby directed to adver-Seconded by Jones. Motion carried 6-0. tise for bids for the construction of the im- RESOLUTION NO. 104-09 provements herein provided, by publishing the APPROVING PLAT OF LOT 1 OF OLD MILL attached Notice to Bidders to be published in a PLACE NO. 3 IN THE CITY OF DUBUQUE, newspaper having general circulation in the DUBUQUE COUNTY, IOWA, AND ABUT- City of Dubuque, Iowa, which notice shall be TING OLD MILL ROAD ROADWAY EASE- published not less than four but not more than MENT forty-five days before the date for filing bids before 2:00 p.m. on the 8th day of April at 6:30 Whereas, there has been presented to the p.m. Bids shall be opened and read by the City City Council of the City of Dubuque, Iowa, a nd Clerk at said time and will be submitted to the plat dated the 2 day of February, 2009 pre- City Council for final action at the public hear-pared by IIW Engineers & Surveyors, PC de- th ing at 6:30 p.m. on the 20 day of April, in the scribing vacated portions of excess rights-of- Historic Federal Building Council Chambers way and easements of Old Mill Road and th (Second Floor), 350 West 6 Street, Dubuque, Manson Road; and Iowa. Whereas, said plat conforms to the laws th Passed, adopted and approved this 16and statutes pertaining thereto. day of March, 2009. NOW, THEREFORE, BE IT RESOLVED Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: nd Section 1. That the plat dated the 2 day BOARDS/COMMISSIONS of February, 2009 prepared by IIW Engineers & Surveyors, PC, relative to the real estate Applicants were invited to address the City hereinabove described be and the same is Council regarding their desire to serve on the hereby approved, and the Mayor and City following Boards/Commissions: Civil Service Clerk be and they are hereby authorized and Commission (Mayor Appointment): One 4-year directed to execute said plat for and on behalf term through April 6, 2013 (Term of White). of the City of Dubuque, Iowa. Applicant: Dan White, 2919 Elm Street. Mr. Section 2. That the City Clerk be and is he- White spoke in support of his appointment. reby authorized and directed to file said plat Appointments to the following and certified copy of this resolution in the office Boards/Commissions: Zoning Board of Ad-of the Recorder in and for Dubuque County, justment: One 5-year term through March 25, Iowa. th 2014 (Term of Gasper). Applicant: Heath Hut-Passed, approved and adopted this 16 chinson, 221 Bradley Street. Motion by Con-day of March, 2009. nors to appoint Heath Hutchinson to the Zon-Roy D. Buol, Mayor ing Board of Adjustment for a 5-year term Attest: Jeanne F. Schneider, CMC, City Clerk through March 25, 2014. Seconded by Jones. RESOLUTION NO. 105-09 Motion carried 6-0. VACATING PORTIONS OF EXCESS PUBLIC HEARINGS RIGHTS-OF-WAY AND EASEMENTS OF OLD MILL ROAD AND MANSON ROAD Upon motion the rules were suspended al-Whereas, Rockdale Methodist Church has lowing anyone present to address the City requested the vacating of portions of excess Council. rights-of-way and easements of Old Mill Road and Manson Road; and Book 139 Regular Session, March 16, 2009 111 Whereas, IIW Engineers & Surveyors, PC Section 1. That the sale of City of Dubuque has prepared and submitted to the City Coun-real property described as Lot 1 of Old Mill cil a plat showing the vacated portions of Place No. 3 in the City of Dubuque, Dubuque excess rights-of-way and easements of Old County, Iowa, to Rockdale Methodist Church Mill Road and Manson Road and assigned a be and the same is hereby approved for the lot number thereto, which hereinafter shall be sum of $300.00, plus the cost of surveying, known and described as Lot 1 of Old Mill Place platting, publication, and filing fees. Con- No. 3 in the City of Dubuque, Dubuque Coun-veyance shall be by Quit Claim Deed. ty, Iowa; and Section 2. The City of Dubuque reserves Whereas, the City Council of the City of unto itself a perpetual easement including the Dubuque, Iowa has determined that portions of right of ingress and egress thereto, for the excess rights-of-way and easements of Old purpose of erecting, installing, constructing, Mill Road and Manson Road as shown on the reconstructing, repairing, owning, operating, Plat of Old Mill Place No. 3 is no longer re-and maintaining water, sewer, drainage, gas, quired for public use, except for reserving the telephone, television cable, fiber optics, and utility easements as noted, and vacating of electric lines as may be authorized by the City said portions of excess rights-of-way and of Dubuque, Iowa. easements of Old Mill Road and Manson Section 3. That the Mayor be authorized Road, known as Lot 1 of Old Mill Place No. 3 and directed to execute a Quit Claim Deed, in the City of Dubuque, Dubuque County, Iowa and the City Clerk be and is hereby authorized and abutting Old Mill Road roadway easement and directed to deliver said deed of con- should be approved. veyance to Rockdale Methodist Church. upon NOW, THEREFORE, BE IT RESOLVED receipt of the purchase price in full. BY THE CITY COUNCIL OF THE CITY OF Section 4. That the City Clerk be and is he- DUBUQUE, IOWA: reby authorized and directed to record a certi- Section 1. That the real estate described fied copy of this resolution in the offices of the as Lot 1 of Old Mill Place No. 3 in the City of City Assessor, Dubuque County Recorder and Dubuque, Iowa, and abutting Old Mill Road Dubuque County Auditor. th roadway easement as shown on the Plat of Passed, approved and adopted this 16 Old Mill Place No. 3 be and the same is here-day of March, 2009. by vacated. Roy D. Buol, Mayor th Passed, approved and adopted this 16 Attest: Jeanne F. Schneider, CMC, City Clerk day of March, 2009. Roy D. Buol, Mayor Kephart Building Improvement Project: Attest: Jeanne F. Schneider, CMC, City Clerk Proof of publication on notice of hearing to consider the plans and specifications, form of RESOLUTION NO. 106-09 contract and estimated cost for the Kephart DISPOSING OF CITY INTEREST IN LOT 1 Building Improvement Project and City Man- OF OLD MILL PLACE NO. 3 IN THE CITY OF ager recommending approval. Motion by Con- DUBUQUE, DUBUQUE COUNTY, IOWA nors to receive and file the documents and Whereas, pursuant to resolution and pub-adopt Resolution No. 107-09 Approving plans, lished notice of time and place of hearing, pub-specifications, form of contract, and estimated lished in the Telegraph Herald, a newspaper of cost for the Kephart Building Improvement general circulation published in the City of Du-Project. Seconded by Braig. Motion carried 6-0. buque, Iowa on this 6th day of March, 2009, RESOLUTION NO. 107-09 the City Council of the City of Dubuque, Iowa APPROVAL OF PLANS, SPECIFICATIONS, met on the 16th day of March, 2009, at 6:30 FORM OF CONTRACT, AND ESTIMATED p.m. in the Historic Federal Building Council th COST FOR THE KEPHART BUILDING IM- Chambers (second floor), 350 West 6 Street, PROVEMENT PROJECT Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate de-NOW THEREFORE, BE IT RESOLVED scribed as: BY THE CITY COUNCIL OF THE CITY OF Lot 1 of Old Mill Place No. 3 in the City of DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa That the proposed plans, specifications, Whereas, the City Council of the City of form of contract and estimated cost for the Dubuque, Iowa overruled any and all objec-Kephart Building Improvement Project, in the tions, oral or written to the proposal to sell estimated amount $833,714, are hereby ap- such real estate, except for easement as proved. th noted. Passed, adopted and approved this 16 NOW THEREFORE, BE IT RESOLVED day of March, 2009. BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk 112 Regular Session, March 16, 2009 Book 139 Upon motion the rules were reinstated li-Section 18-1 miting discussion to the City Council. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted ACTION ITEMS by reference as the electrical code of the City that certain electrical code known as the Na- Electrical Code Ordinance: City Manager tional Electrical Code, 2008 Edition, as pre- recommending approval of replacing the exist-pared and edited by the National Fire Protec- ing Chapter 18 of the City of Dubuque Code of tion Agency, Quincy, Massachusetts, and the Ordinances with the latest edition of the Na-provisions of such electrical code shall be con- tional Electrical Code published by the Nation-trolling in the supply of electricity and in the al Fire Protection Association, including Sec-installation, maintenance and use of all elec- tion 83-2(f) which is different from the recom-trical conductors and equipment and installa- mendation of the Electrical Code Board. Mo-tion of optical fiber cable within the corporate tion by Connors to receive and file the docu-limits of the City and shall be known as the ments and that the requirement that a pro-“Dubuque Electrical Code”. A copy of the Na- posed ordinance be considered and voted on tional Electrical Code, 2008 Edition, as for passage at two Council meetings prior to adopted, shall be on file in the office of the City the meeting at which it is to be passed be sus-Clerk for public inspection. pended. Seconded by Jones. Electrical Code Section 2. That Section 18-2 of the Code of Board Member Dan Hamel, 3163 Hillcrest Ordinances of the City of Dubuque, Iowa be Road, spoke in support of Electrical Code amended as follows: Board’s recommendation, which recommends The National Electric Code adopted by a 1:1 ratio of Journeymen to apprentic-Section 18-1 of this Chapter is hereby es/unclassified electricians adding that the amended as follows: more restrictive ratio would provide a higher 80-1. Title. level of safety on projects within the City. These regulations shall be known as the Council discussion included a clarification of Dubuque Electrical Code, cited as such, and the terms “apprentice” and “unclassified”, safe-will be referred to herein as "this Code". ty issues, and cost savings. Motion carried 6-0. 80-2. Application to Existing Electrical Sys- Motion by Connors for final consideration tems and Equipment. and passage of Ordinance No. 17-09 Ordin-(a) Additions, Alterations, or Repairs. ance of the City of Dubuque, Iowa providing Additions, alterations, or repairs may be made that the Code of Ordinances, City of Dubuque, to any electrical system and equipment without Iowa, be amended by repealing Section 18-1 requiring the existing electrical system and thereof and enacting a new Section 18-1 the-equipment to comply with all the requirements reof pertaining to revising and reenacting an of this Code, provided the addition, alteration, Electrical Code of the City of Dubuque, Iowa or repair conforms to that required for a new and providing for the issuance of permits and electrical system and equipment and provided collection of fees therefore (Electrical Code further that no hazard to life, health, or safety Board recommendation). Seconded by Braig. will be created by such additions, alterations, Motion carried 6-0.or repairs. Minor additions, alterations, and repairs to OFFICIAL PUBLICATION existing electrical systems and equipment may ORDINANCE NO. 17-09 be made in accordance with the law in effect at AN ORDINANCE OF THE CITY OF the time the original installation was made, DUBUQUE, IOWA PROVIDING THAT THE when approved by the building official. CODE OF ORDINANCES, CITY OF (b) Existing Installations. Electrical sys- DUBUQUE, IOWA BE AMENDED BY tems and equipment lawfully in existence at REPEALING SECTION 18-1 THEREOF AND the time of the adoption of this Code may have ENACTING A NEW SECTION 18-1 their use, maintenance, or repair continued if THEREOF PERTAINING TO REVISING AND the use, maintenance, or repair is in accor- REENACTING AN ELECTRICAL CODE FOR dance with the original design and no hazard THE CITY OF DUBUQUE, IOWA AND to life, health, or property has been created by PROVIDING FOR THE ISSUANCE OF such electrical system and equipment. PERMITS AND COLLECTION OF FEES (c) Changes in Building Occupancy. THEREFORE Electrical systems and equipment which are a NOW, THEREFORE, BE IT ORDAINED part of any building or structure undergoing a BY THE CITY COUNCIL OF THE CITY OF change in use or occupancy, as defined in the DUBUQUE, IOWA: Dubuque Building Code, shall comply with the Section 1.That Section 18-1 of the Code of requirements of this Code which are applicable Ordinances of the City of Dubuque, Iowa be to the new use or occupancy. amended by repealing Section 18-1 and (d) Maintenance. All electrical systems enacting a new Section 18-1 in lieu thereof: and equipment, both existing and new, and all Book 139 Regular Session, March 16, 2009 113 parts thereof shall be maintained in a proper Dubuque Board means the City of Dubu- operating condition in accordance with the que Electrical Code Board. original design and in a safe and hazard-free Electrical Code means the National Elec- condition. Any devices or safeguards which trical Code promulgated by the National Fire are required by this Code shall be maintained Protection Association as adopted by this ju- in conformance with this Code. The owner or risdiction. designated agent shall be responsible for the Electrical equipment means all electrical maintenance of the electrical system. To de-materials, wiring, conductors, fittings, devices, termine compliance with this Subsection, the appliances, fixtures, signs, and apparatus or building official may cause any electrical sys-parts thereof. tem to be re-inspected. Electrical work means all installations, alte- (e) Moved Building. Electrical systems rations, repairs, removals, renewals, replace- and equipment which are a part of buildings or ments, connections, disconnections, and main- structures moved into or within this jurisdiction tenance of all electrical equipment except as shall comply with the provisions of this Code otherwise noted. for new installations. Firewall means the same as an area sepa- 80-3. Definitions, General. ration wall as used in the Building Code. For the purpose of these provisions, cer-Industrial installation means an installation tain terms, phrases, words, and their deriva-intended for use in the manufacture or tives shall be construed as specified in this processing of products involving systematic Section. Where terms are not defined, they labor or habitual employment and includes shall have their ordinarily accepted meanings installations in which agricultural or other within the context with which they are used. products are habitually or customarily Webster's Third New International Dictionary processed or stored for others, either by buy- of the English Language, Unabridged, Copy-ing or reselling on a fee basis. right 1981, shall be considered as providing Inspector means a person certified as an ordinarily accepted meanings. Words used in electrical inspector upon such reasonable the singular include the plural and the plural conditions as may be adopted by the Board. the singular. Words used in masculine gender Listed and listing means equipment and include the feminine and the feminine the materials which are shown in a list published masculine. by an approved testing agency, qualified and Approved, as to materials, equipment, and equipped for experimental testing, and main- method of construction means approval by the taining an adequate periodic inspection of cur- building official as the result of investigation rent productions and whose listing states that and tests conducted or by reasons of accepted the equipment complies with nationally recog- principles or tests by recognized authorities, nized safety standards. technical, or scientific organizations. Multiple occupancy building means a build- Approved agency means an established ing having more than one (1) tenant and may and recognized agency regularly engaged in be of single or mixed use groups as classified conducting tests or furnishing inspection ser-by the Building Code. vices, when such agency has been approved New electrical installation means the instal- by the building official. lation of electrical wiring, apparatus, and Building Code means the Uniform Building equipment for light, heat, power, and other Code promulgated by the International Confe-purposes. rence of Building Officials, as adopted by this Occupancy means the purpose for which a jurisdiction. building, or part thereof, is used or intended to Building official means the officer charged be used. with the administration and enforcement of this Public use building or facility means any Code, or duly authorized representatives, and building or facility designated for public use, is the authority having jurisdiction for this including all property owned and occupied or Code. designated for use by the State of Iowa. Chief electrical inspector means the person Residential installation means an installa- providing expertise for the building official in tion intended for a single family or two-family the area of electrical regulations. residential dwelling or a multi-family residential Code enforcement agency means the de-dwelling not larger than a four-family dwelling. partment, division, or agency of this jurisdiction Routine maintenance means the repair or charged with the function of code enforcement replacement of existing electrical apparatus or and shall be under the administration and op-equipment of the same size and type for which erational control of the building official. no changes in wiring are made. Commercial installation means an installa-State Board means the electrical examin- tion intended for commerce, but does not in-ing board created under Iowa Code §103.2. clude a residential installation. 80-4. Conflicting Provisions. 114 Regular Session, March 16, 2009 Book 139 Where, in any specific case, different sec-the building official shall have the powers of a tions of this Code specify different materials, law enforcement officer. methods of construction, or other require-The building official shall have the power to ments, the most restrictive shall govern. render interpretations of this Code and to 80-5. Alternate Materials and Methods of adopt and enforce rules and regulations sup- Construction. plemental to this Code as deemed necessary The provisions of this Code are not in-in order to clarify the application of the provi- tended to prevent the use of any material or sions of this Code. Such interpretations, rules, method of construction not specifically pre-and regulations shall be in conformity with the scribed by this Code, provided any alternate intent and purpose of this Code. has been approved and its use authorized by (b) Deputies. In accordance with pre- the building official. scribed procedures and with the approval of The building official may approve any al-the appointing authority, the building official ternate, provided it is found that the proposed may appoint a chief electrical inspector and design is satisfactory and complies with the other related technical officers and inspectors provisions of this Code and that the material, and other employees as shall be authorized method, or work offered is, for the purpose from time to time. intended, at least the equivalent of that pre-(c) Right of Entry. Whenever necessary scribed in this Code in suitability, strength, to make an inspection to enforce any of the effectiveness, fire resistance, durability, and provisions of this Code, or whenever the build- safety. ing official or authorized representative has The building official shall require that suffi-reasonable cause to believe that there exists cient evidence or proof be submitted to subs-in any building or upon any premises any con- tantiate any claims regarding the use of alter-dition or Code violation which makes such nates. The details of any action granting ap-buildings or premises unsafe, dangerous, or proval of an alternate shall be recorded and hazardous, the building official or authorized entered in the files of the code enforcement representative may enter such building or agency. premises at all reasonable times to inspect the 80-6. Modifications. same or to perform any duty imposed upon the Whenever there are practical difficulties in-building official by such Codes, provided that if volved in carrying out the provisions of this such building or premises be occupied, the Code, the building official may grant modifica-building official shall first present proper cre- tions for individual cases, provided it is found dentials and request entry. If such building or that a special individual reason makes the premises is unoccupied, the building official strict letter of this Code impractical and the shall first make a reasonable effort to locate modification is in conformity with the intent and the owner or other persons having charge or purpose of this Code, and that such modifica-control of the building or premises and request tion does not lessen health, life, and fire safety entry. If entry be refused, the building official or requirements. The details of actions granting authorized representative shall have recourse modifications shall be recorded and entered in to every remedy provided by law to secure the files of the code enforcement agency. entry. 80-7. Tests. When the building official or authorized Whenever there is insufficient evidence of representative shall have first obtained a prop- compliance with any of the provisions of this er inspection warrant or other remedy provided Code or evidence that materials or construc-by law to secure entry, no owner or occupant tion do not conform to the requirements of this or any other persons having charge, care, or Code, the building official may require tests as control of any building or premises shall fail or evidence of compliance to be made at no ex-neglect, after proper request is made as herein pense to this jurisdiction. provided, to promptly permit entry therein by Test methods shall be as specified by this the building official or authorized representa- Code or by other recognized test standards. In tive for the purpose of inspection and examina- the absence of recognized and accepted test tion pursuant to this Code. methods for the proposed alternate, the build-(d) Stop Orders. Whenever any work is ing official shall determine test procedures. being done contrary to the provisions of this All tests shall be made by an approved Code, the building official may order the work agency. Reports of such tests shall be retained stopped by notice in writing served on any by the building official for the period required persons engaged in the doing or causing such for the retention of public records. work to be done and any such persons shall 81-1. Powers and Duties of Building Offi-forthwith stop such work until authorized by the cial. building official to proceed with the work. (a) General. The building official is here-(e) Authority to Disconnect Utilities in by authorized and directed to enforce all the Emergencies. The building official or autho- provisions of this Code. For such purposes, rized representative shall have the authority to Book 139 Regular Session, March 16, 2009 115 disconnect any electric power or energy ser-of this Code or enforced by the code enforce- vice supplied to the building, structure, or ment agency shall be defended by this jurisdic- building service equipment therein regulated tion until final termination of such proceedings, by this Code in case of emergency where ne-and any judgment resulting there from shall be cessary to eliminate an immediate hazard to assumed by this jurisdiction. life or property. The building official shall This Code shall not be construed to relieve whenever possible notify the serving utility, the from or lessen the responsibility of any person owner, and occupant of the building, structure, owning, operating, or controlling any building or electrical system or equipment of the deci-or structure for any damages to persons or sion to disconnect prior to taking such action, property caused by defects, nor shall the code and shall notify such serving utility, owner, and enforcement agency or its parent jurisdiction occupant of the building, structure, or building be held as assuming any such liability by rea- service equipment, in writing, of such discon-son of the inspections authorized by this Code nection immediately thereafter. or any permits or certificates issued under this (f) Authority to Condemn Electrical Sys-Code. tem and Equipment. Whenever the building (i) Cooperation of Other Officials and Of- official ascertains that any electrical system or ficers. The building official may request, and equipment regulated in this Code has become shall receive so far as is required in the dis- hazardous to life, health, or property, the build-charge of duties, the assistance and coopera- ing official shall order in writing that such elec-tion of other officials of this jurisdiction. trical system or equipment either be removed 81-2. Unsafe Electrical Systems or Equip- or restored to a safe condition, whichever is ment. appropriate. The written notice itself shall fix a All electrical systems or equipment regu- time limit for compliance with such order. No lated by this Code which are unsafe or which person shall use or maintain defective electric-constitute a fire hazard or are otherwise dan- al systems or equipment after receiving such gerous to human life are, for the purpose of notice. this Section, unsafe. Any use of electrical sys- When such equipment or installation is to tems or equipment regulated by this Code be disconnected, a written notice of such dis-constituting a hazard to safety, health, or pub- connection and causes therefore shall be giv-lic welfare by reason of inadequate mainten- en within twenty-four (24) hours of the order to ance, dilapidation, obsolescence, fire hazard, disconnect to the serving utility, the owner, and disaster, damage, or abandonment is, for the occupant of such building, structure, or pre-purpose of this Section, an unsafe use. mises. All such unsafe electrical systems or When any electrical system or equipment equipment are hereby declared to be public is maintained in violation of this Code and in nuisances and shall be abated by repair, reha- violation of any notice issued pursuant to the bilitation, demolition, or removal in accordance provisions of this Section, the building official with the procedures set forth in Chapter 1 of shall institute any appropriate action to pre-the City of Dubuque Code of Ordinances. As vent, restrain, correct, or abate the violation. an alternative, the building official or other em- (g) Connection after Order to Disconnect. ployee or official of this jurisdiction as desig- No person shall make connections from any nated by the governing body may institute any energy or power supply nor supply power to other appropriate action to prevent, restrain, any electrical system or equipment which has correct, or abate the violation. been disconnected or ordered to be discon-81-3. Electrical Code Board. nected by the building official or the use of (a) Board Established. In order to deter- which has been ordered to be discontinued by mine the suitability of alternative materials and the building official until the building official methods of installation; to provide for reasona- authorizes the reconnection and use of such ble interpretations of this Code; to serve as an electrical system or equipment. appeal body for the decisions of the building (h) Liability. The building official, or au-official; to advise the City Council on all elec- thorized representative charged with the en-trical regulations and procedures; and to pro- forcement of this Code, acting in good faith vide for examining applicants for electrical and without malice in the discharge of duties, maintenance license and issuing electrical shall not thereby be rendered personally liable maintenance license, there is hereby created for any damage that may accrue to persons or the Electrical Code Board. property as a result of any act or by reason of (b) Membership. The Electrical Code any act or omission in the discharge of duties. Board shall consist of seven (7) members ap- Any suit brought against the building official or pointed by the City Council. Six (6) members employee because of such act or omission shall have a background or experience in elec- performed in the enforcement of any provision trical engineering, electrical contracting, elec- of such codes or other pertinent laws or ordin-trical installation, or electrical maintenance, ances implemented through the enforcement 116 Regular Session, March 16, 2009 Book 139 and one (1) member shall be appointed from (9) Administrative Policies. All adminis- the public at large. trative, personnel, accounting, budgetary, and (c) Term of Office. The term of office of procedural policies of the City shall govern the all Board members shall be three (3) years. Board in all of its operations. (d) Rules and Regulations. The Electrical (10) Duties When Serving as an Appeals Code Board shall make such rules and pre-Board. Any person who is aggrieved by a de- scribe such procedures as may be reasonably cision of the building official on any require- necessary for its operation, except that such ments resulting from the enforcement of this rules shall include the following: Code may appeal from such decision to the (1) Board Chairperson. The chairperson Board and said Board shall serve as an appeal of the Board shall be a member of the Board board. In case the aggrieved party is a mem- elected annually by a majority of the Board. ber of said Board, said member shall be dis- (2) Secretary of the Board. The building qualified as a member of the Board acting as official or designee shall be secretary of the an appeal board until the person aggrieved Board. The secretary shall arrange for meet-has been heard and a decision rendered. ings and prepare and keep such minutes and The appeal shall be made by the person records and perform such other clerical work aggrieved, giving written notice of such appeal as the Board may direct. to the building official within seven (7) days of 3) Quorum. Three (3) members shall receipt of decision from which the appeal is constitute a quorum. The concurring vote of taken. The Electrical Code Board, sitting as an three (3) members of the Board shall be ne-appeal board, shall meet within ten (10) busi- cessary to pass any motion. ness days after receiving such notice and (4) Service Until Appointment of Succes-render a decision within five (5) business days sor. Upon completion of the term office, mem-thereafter. Any interested party, including the bers of the Board shall continue to serve in building official, shall have the right to present their full capacity until their successor has their case to the appeal board, whose decision been duly appointed. shall be final unless appealed to the district (5) Meetings. Regular meetings of the court as provided by law. th Board shall be held on the fourth (4) Monday The board of appeals may reverse or modi- in January, March, May, July, September, and fy a decision of the building official only on November. Special meetings may be called finding that: from time to time by the chairperson, the sec-a. The building official had incorrectly in- retary, or the City Manager. When the day terpreted the provision of this Code; or, fixed for any regular meeting of the Board falls b. The decision of the building official upon a day designated as a legal, national, or creates an unnecessary hardship upon the City holiday, such meeting shall be held on the appellant. next succeeding day not a holiday. The secre-The board of appeals shall require that suf- tary shall give notice to the members of the ficient evidence or proof be submitted to subs- Board if there is no business filed with the sec-tantiate any claims made regarding the use of retary to be heard by the Board by noon on the alternates. Wednesday prior to the regular meeting date All appeal hearings shall be conducted in and such regular meeting shall stand can-accordance with the procedures specified in celled. The secretary shall provide notice of this Code. the cancellation of the meeting in the same (e) Limitations of Authority. The board of manner as notice of a regular meeting. Mem-appeals shall have no authority relative to in- bers of the Board shall attend at least two-terpretation of the administrative provisions of thirds (2/3) of all scheduled meetings within a this Code nor shall the Board be empowered twelve (12) month period. If any member does to waive requirements of this Code. not attend such prescribed number of meet-In so modifying or reversing such decision ings, it shall constitute grounds for the Board of the building official, the board of appeals to recommend to the City Council that said may authorize any alternate to the decision of member be replaced. the building official and the provisions, pro- (6) Attendance. The attendance of all vided it finds the proposed material or method members shall be entered on the minutes by of construction is satisfactory for the use in- the secretary. tended and complies with the provisions of this (7) Conformity with Open Meetings Law. Code and that the material, method, or work All meetings shall be held in conformance with offered is, for the purpose intended, at least provisions of the Iowa Open Meetings Law. equivalent to that prescribed by this Code in (8) Minutes. The Electrical Code Board suitability, strength, effectiveness, durability, shall file with the City Council a copy of the and safety. minutes of each meeting of the Board within 81-4. Violations. ten (10) business days after such meeting. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, Book 139 Regular Session, March 16, 2009 117 repair, move, improve, remove, convert, demo-holder of a City of Dubuque electrical contrac- lish, equip, use, or maintain any electrical sys-tor, journeyman, or maintenance license. tem or equipment or cause or permit the same Exemption from the permit requirements of to be done in violation of this Code. this Code shall not be deemed to grant autho- The doing of any act, or the omission of rization for any work to be done in violation of any act, declared to be unlawful by this Code the provisions of this Code or any other laws or any code or ordinance herein adopted by or ordinances of this jurisdiction. reference shall be deemed a separate offense (c) Exempt Systems and Utilities. An for each and every day or portion thereof dur-electrical permit shall not be required for the ing which any such unlawful act is committed, following: continued, or permitted and upon conviction (1) Electrical wiring, devices, appliances, shall be punishable as provided in Chapter 1 apparatus, or equipment operation at less than of the City of Dubuque Code of Ordinances. twenty-five (25) volts and not capable of sup- The penalty herein provided shall be cumula-plying more than fifty (50) watts of energy. tive with and in addition to the revocation, can-(2) Low energy power, control, and sig- cellation, or forfeiture of any license or permit nal circuits of Classes II and III as defined in elsewhere in this Code provided for violation this Code. thereof. (3) A permit shall not be required for the 82-1. Permits Required. installation, alteration, or repair of electrical (a) Permits Required. Except as speci-wiring, apparatus, or equipment for the gen- fied in Subsections (b) and (c) of this Section, eration, transmission, distribution, or metering no electrical system regulated by this Code of electrical energy, or in the operation of sig- shall be installed, altered, repaired, replaced, nals or the transmission of intelligence by a or remodeled unless a separate electrical public or private utility in the exercise of its permit for each building or structure has first function as a serving utility. been obtained from the building official. Exemption from the permit requirements of (b) Exempt Work. An electrical permit this Code shall not be deemed to grant autho- shall not be required for the following: rization for any work to be done in violation of (1) Portable motors or other portable the provisions of this Code or any other laws appliances energized by means of a cord or or ordinances of this jurisdiction. cable having an attachment plug end to be 82-2. Permit Process. connected to an approved receptacle when (a) Application for Permit. The applicant that cord or cable is permitted by this Code; for an electrical permit must be one of the fol- (2) Repair or replacement of fixed mo-lowing: tors, transformers, or fixed approved ap-(1) The homeowner as defined else- pliances of the same type and rating in the where in this Ordinance; same location; (2) Registered with the City of Dubuque (3) Temporary decorative lighting; Building Services Department as the holder of (4) Repair or replacement of current-a State of Iowa issued Class "A" master elec- carrying parts of any switch, contractor, or trical license and affiliated with an electrical control device; contracting firm or business that is also li- (5) Reinstallation of attachment plug censed by and registered with the State of receptacles, but not the outlets therefore; Iowa; or, (6) Repair or replacement of any over-(3) The holder of a current City of Dubu- current device of the required capacity in the que issued electrical contractor's license. same location; (b) Application. To obtain a permit, the (7) Repair or replacement of elec-applicant shall first file an application therefore trodes or transformers of the same size and in writing on a form furnished by the code en- capacity for signs or gas tube systems; forcement agency for that purpose. Every such (8) Taping joints; application shall: (9) Removal of electrical wiring; (1) Identify and describe the work to be (10) Temporary wiring for experimental covered by the permit for which application is purposes in suitable experimental laboratories; made; or, (2) Describe the land on which the pro- (11) The wiring for temporary theater, posed work is to be done by legal description, motion picture, or television stage sets. street address, or similar description that will However, any such exempted work that is readily identify and definitely locate the pro- to be performed in other than a single-family posed building or work; home by the qualifying homeowner shall be (3) Identify the owner of property, and performed by or directly supervised by the tenant if applicable, on which the proposed holder of a State of Iowa Class "A" or "B" mas-work is to be done; ter or journeyman electrical license or the (4) Indicate the use or occupancy for which the proposed work is intended; 118 Regular Session, March 16, 2009 Book 139 (5) Be accompanied by plans, diagrams, the whole system have been submitted or ap- computations, and specifications and other proved, provided adequate information and data as required in Subsection (b) of this Sec-detailed statements have been filed complying tion; with all pertinent requirements of this Code. (6) Be signed by permittee or authorized The holder of such permit shall proceed at agent; and, personal risk without assurance that the permit (7) Give such other data and information for the entire building, structure, or building as may be required by the building official. service will be granted. (c) Plans and Specifications. Plans, en-(b) Retention of Plans. One set of ap- gineering calculations, diagrams, and other proved plans and specifications shall be re- data shall be submitted in one or more sets turned to the applicant and shall be kept on the with each application for a permit. The building site of the building work at all times during official may require plans, computations, and which the work authorized thereby is in specifications to be prepared and designed by progress. One set of approved plans, specifi- an engineer or architect licensed by the State cations, and computations shall be retained by of Iowa to practice as such. the building official until final approval of the EXCEPTION: The building official may work. waive the submission of plans, calculations, (c) Validity of Permit. The issuance of a etc., if it is found that the nature of the work permit or approval of plans and specifications applied for is such that reviewing of plans is shall not be construed to be a permit for, or an not necessary to obtain compliance with this approval of, any violation of any of the provi- Code. sions of this Code, or of any other ordinance of (d) Information on Plans and Specifica-the jurisdiction. No permit presuming to give tions. Plans and specifications shall be drawn authority to violate or cancel the provisions of to scale upon substantial paper or cloth and these codes shall be valid. shall be of sufficient clarity to indicate the loca-The issuance of a permit based upon tion, nature, and extent of the work proposed plans, specifications, and other data shall not and show in detail that it will conform to the prevent the building official from thereafter provisions of this Code and all relevant laws, requiring the correction of errors in said plans, ordinances, rules, and regulations. specifications, and other data or from prevent- Plans for buildings more than two (2) sto-ing building operations being carried on there ries in height of other than Groups R, Division under when in violation of this Code or of any 3, and M Occupancies shall indicate how re-other ordinances of this jurisdiction. quired structural and fire-resistive integrity will (d) Expiration. Every permit issued by the be maintained where a penetration will be building official under the provisions of this made for electrical and communication con-Code shall expire by limitation and become duits, pipes, and similar systems. null and void, if the building or work authorized 82-3. Permit Issuance. by such permit is not commenced within one (a) Issuance. The application, plans, hundred eighty (180) days from the date of specifications, and other data filed by an appli-such permit, or if the work authorized by such cant for permit shall be reviewed by the build-permit is suspended or abandoned for a period ing official. Such plans may be reviewed by of one hundred eighty (180) days following the other departments of this jurisdiction to verify last inspection of said work. Before such work compliance with any applicable laws under can be recommenced, a new permit shall be their jurisdiction. If the building official finds first obtained so to do, and the fee therefore that the work described in an application for a shall be one-half (1/2) the amount required for permit and the plans, specifications, and other a new permit for such work provided no data filed therewith conform to the require-changes have been made or will be made in ments of this Code and other pertinent laws the original plans and specifications for such and ordinances and that the fees specified in work; and provided further that such suspen- Section 82-4 have been paid, a permit shall be sion or abandonment has not exceeded one issued therefore to the applicant. (1) year. In order to renew action on a permit When the building official issues the permit after expiration, the permittee shall pay a new where plans are required, the plans and speci-full permit fee. fications shall be endorsed in writing or Any permittee holding an unexpired permit stamped "APPROVED". Such approved plans may apply for an extension of the time within and specifications shall not be changed, mod-which work may commence under that permit ified, or altered without authorization from the when unable to commence work within the building official and all work shall be done in time required by this Section for good and sa- accordance with the approved plans. tisfactory reasons. The building official may The building official may issue a permit for extend the time for action by the permittee for the construction of part of an electrical system a period not exceeding one hundred eighty before the entire plans and specifications for (180) days upon written request by the permit- Book 139 Regular Session, March 16, 2009 119 tee showing that circumstances beyond the (2) The building official may authorize the control of the permittee have prevented action refunding of not more than eighty percent from being taken. No permit shall be extended (80%) of the permit fee paid when no work has more than once. been done under a permit issued in accor- (e) Suspension or Revocation. The build-dance with this Code. ing official may, in writing, suspend or revoke a (3) The building official may authorize the permit issued under the provisions of this refunding of not more than eighty percent Code whenever the permit is issued in error or (80%) of the plan review fee paid when an on the basis of incorrect information supplied application for a permit for which a plan review or in violation of any ordinance or regulation of fee has been paid is withdrawn or canceled the jurisdiction. before any plan reviewing is done. 82-4. Fees. The building official shall not authorize the (a) Permit Fees. The fee for each elec-refunding of any fee paid except upon written trical permit shall be as established by the City application filed by the original permittee no Manager. later than one hundred eighty (180) days after (b) Plan Review Fees. When a plan or the date of fee payment. other data are required to be submitted by 82-5. Inspections. Subsection (c) of Section 82-2, a plan review (a) General. All electrical systems and fee shall be paid as established by the City equipment for which a permit is required by Manager. Where plans are incomplete or this Code shall be subject to inspection by the changed so as to require additional plan re-building official. No portion of any electrical view, an additional plan review fee shall be system intended to be concealed shall be con- charged at the rate established by the City cealed until inspected and approved. Neither Manager. the building official nor this jurisdiction shall be (c) Expiration of Plan Review. Applica-liable for expense entailed in the removal or tions for which no permit is issued within one replacement of any material required to allow hundred eighty (180) days following the date of inspection. When the installation of an elec- application shall expire by limitation and plans trical system and equipment is complete an and other data submitted for review may the-additional and final inspection shall be made. reafter be returned to the applicant or de-Electrical systems and equipment regulated by stroyed by the building official. The building this Code shall not be connected to the energy official may extend the time for action by the source until authorized by the building official. applicant for a period not exceeding one hun-(b) Inspection Requests. It shall be the dred eighty (180) days upon request by the duty of the person doing the work authorized applicant showing that circumstances beyond by a permit to notify the building official that the control of the applicant have prevented such work is ready for inspection. The building action from being taken. No application shall official may require that every request for in- be extended more than once. In order to re-spection be filed at least one (1) business day new action, on an application after expiration, before such inspection is desired. Such re- the applicant shall resubmit plans and pay a quest may be in writing or by telephone at the new plan review fee. option of the building official. (d) Investigation Fees for Work without a It shall be the duty of the person requesting Permit. inspections required by this Code to provide (1) Investigation. Whenever any work for access to and means for proper inspection of which a permit is required by this Code has such work. been commenced without first obtaining said (c) Operation of Electrical Equipment. permit, a special investigation shall be made The requirements of this Section shall not be before a permit may be issued for such work. construed to prohibit the operation of any elec- (2) Fee. An investigation fee, in addition trical system or equipment installed to replace to the permit fee, shall be collected whether or existing equipment. The request for inspection not a permit is then or subsequently issued. of such equipment must have been filed with The investigation fee shall be equal to the the building official not more than forty-eight amount of the permit fee that would be re-(48) hours after such replacement work is quired by this Code if a permit were to be is-completed and before any portion of such sued. The payment of such investigation fee electrical system is concealed by any perma- shall not exempt any person from compliance nent portion of the building. with all other provisions of either this Code nor (d) Other Inspections. In addition to the from any penalty prescribed by law. called inspections required by this Code, the (e) Fee Refunds. building official may make or require other (1) The building official may authorize the inspections of any work to ascertain com- refunding of any fee paid hereunder which was pliance with the provisions of this Code and erroneously paid or collected. other laws which are enforced by the code enforcement agency. 120 Regular Session, March 16, 2009 Book 139 (e) Re-Inspections. A re-inspection fee apparatus, and equipment as an employee of may be assessed for each inspection or re-a person licensed by the State of Iowa as an inspection when such portion of work for which electrical contractor, and who is licensed by inspection is called is not complete or when the State of Iowa and is progressing toward corrections called for are not made. completion of an apprenticeship training pro- This Provision is not to be interpreted as gram registered by the bureau of apprentice- requiring re-inspection fees the first time a job ship and training of the United States Depart- is rejected for failure to comply with the re-ment of Labor. For purposes of this Ordinance, quirements of this Code, but as controlling the persons who are not engaged in the installa- practice of calling for inspections before the tion, alteration, or repair of electrical wiring, job is ready for such inspection or re-apparatus, and equipment, either inside or inspection. outside buildings, shall not be considered ap- Re-inspection fees may be assessed when prentice electricians. the approved plans are not readily available to City of Dubuque licensed electrical con- the inspector, for failure to provide access on tractor means a person licensed with the City the date for which inspection is requested, or of Dubuque having demonstrated the neces- for deviating from plans requiring the approval sary qualifications, training, experience, and of the building official. technical knowledge to plan, lay out, install, To obtain a re-inspection, the applicant service, and supervise the installation of elec- shall file an application therefore in writing trical wiring, electrical equipment apparatus, upon a form furnished for that purpose and electrical equipment for light, heat, power, and pay the re-inspection fee in accordance with other purposes, and to supervise apprentices Table No. 13-A. and the unclassified persons in their employ. In instances where re-inspection fees have City of Dubuque licensed journeyman elec- been assessed, no additional inspection of the trician means a person having the necessary work will be performed until the required fees qualifications, training, experience, and tech- have been paid. nical knowledge to wire for or install electrical (f) Monthly Maintenance Inspections. In wiring, electrical apparatus, and electrical industrial plants where experienced electri-equipment, and to supervise apprentices, and cians are regularly employed and who have who is licensed by the Dubuque Electrical charge of the electrical work in such plants, a Code Board. monthly inspection shall be made by the build-Class A journeyman electrician means a ing official of the installation of electric wiring, person having the necessary qualifications, fixtures, appliances, work, and materials used training, experience, and technical knowledge in connection with the operation of work in said to wire for or install electrical wiring, apparatus, plant. A record shall be kept at such plants and equipment and to supervise apprentice covering the preceding month. This record electricians and who is licensed by the State shall be filed with the building official each Board. month prior to the time set for making regular Class A master electrician means a person inspection. Any falsity contained in the reports having the necessary qualifications, training, required to be filed with the building official experience, and technical knowledge to prop- shall subject the person, firm, or corporation erly plan, lay out, install, service, and super- responsible therefore to the penalties provided vise the installation of electrical wiring, appara- in this Article. tus, and equipment for light, heat, power, and 82-6. Connection Approval. other purposes and who is licensed by the (a) Energy Connections. An electrical State Board. system or equipment regulated by this Code Class B journeyman electrician means a for which a permit is required shall not be con-person having the necessary qualifications, nected to a source of energy or power until training, experience, and technical knowledge approved by the building official. to wire for or install electrical wiring, apparatus, (b) Temporary Connections. The building and equipment who meets and is subject to official may authorize the temporary connec-the restrictions of Iowa Code §103.12 and who tion of the electrical system or equipment to is licensed by the State Board. the source of energy or power for the purpose Class B master electrician means a person of testing the equipment or for use under a having the necessary qualifications, training, temporary certificate of occupancy. experience, and technical knowledge to prop- 83-1. Definitions. erly plan, lay out, install, service, and super- For use within this Article, the following vise the installation of electrical wiring, appara- words and phrases are defined: tus, and equipment who meets and is subject Apprentice electrician means any person to the restrictions of Iowa Code §103.10 and who as such person's principal occupation is who is licensed by the State Board. engaged in learning and assisting in the instal-Electrical contractor means a person affi- lation, alteration, and repair of electrical wiring, liated with a contracting firm or business who Book 139 Regular Session, March 16, 2009 121 is licensed by the State of Iowa Electrical of electrical wiring, apparatus, equipment, or Board and who is also registered with the Iowa installations which shall include irrigation sys- Division of Labor as a contractor. tem wiring, disconnecting and reconnecting of Electrical equipment means all electrical existing air conditioning and refrigeration, and materials, wiring, conductors, fittings, devices, sign installation, and who is licensed by the appliances, fixtures, signs, and apparatus or State Board. parts thereof. Unclassified person means any person, Electrical work means all installations, alte-other than an apprentice electrician or other rations, repairs, removals, renewals, replace-person licensed under this Chapter, who, as ments, connections, disconnections, and main-such person's principal occupation, is engaged tenance of all electrical equipment except as in learning and assisting in the installation, otherwise noted. alteration, and repair of electrical wiring, appa- Homeowner means the owner of property ratus, and equipment as an employee of a that is the owner's principal place of residence, person licensed by the State of Iowa and who if such residence is an existing dwelling rather is licensed by the State of Iowa as an unclassi- than new construction and is not larger than a fied person. For purposes of this Ordinance, single family dwelling or farm property and persons who are not engaged in the installa- shall qualify for the homestead tax exemption. tion, alteration, or repair of electrical wiring, Licensed means licensed under this Article apparatus, and equipment, either inside or or Iowa Code §103.2, except as otherwise outside buildings, shall not be considered un- specified. classified persons. Maintenance electrician means a person 83-2. Registration Required; Exceptions. who has the necessary training, experience, (a) No person, firm, or corporation shall and technical knowledge to undertake the perform any electrical work as an electrical work of installing, servicing, maintaining, alter-contractor, master electrician, journeyman ing, and repairing electrical devices, ap-electrician, apprentice electrician, unclassified pliances, and equipment within the stipulated person, or maintenance electrician in the City confines of property owned or controlled by the of Dubuque unless registered with the Building firm, business, or company by whom em-Services Department of the City of Dubuque ployed. An electrical maintenance certificate of as provided in this Article. competency may be issued to an individual (b) No electrical contractor or electrical and will entitle the holder thereof to undertake maintenance electrician shall employ any ap- the work of installing, servicing, maintaining, prentice or unclassified person to perform any altering, and repairing electrical devices, ap-electrical work unless said apprentice or un- pliances, and equipment only within the con-classified person is under the direct personal fines of the property owned by such individual on-the-job supervision of a State or City li- for use or application to such property. censed master electrician, State or City li- Master electrician/electrical contractor censed journeyman electrician, or City li- means a person having the necessary qualifi-censed maintenance electrician. The ratio of cations, training, experience, and technical apprentice electricians or unclassified persons knowledge to plan, lay out, install, service, and to holders of State of Iowa master or journey- supervise the installation of electrical wiring, man electrical license holders or the holders of electrical equipment apparatus, electrical a City of Dubuque electrical contractor jour- equipment for light, heat, power, and other neyman or electrical maintenance license at purposes, and to supervise apprentices, and any time shall not exceed the ratios given in who is licensed by the Electrical Code Board. 83-2(f). Registered, under this Article, means a Direct personal on-the-job supervision and copy of the licensed person's license and cur-control and in the immediate presence of a rent contact information has been provided to licensee shall mean the licensee and the ap- the City of Dubuque Building Services De-prentice electrician or unclassified person shall partment on forms provided by Building Ser-be working at the same project location but vices Department, except as otherwise speci-shall not require that the licensee and appren- fied. tice electrician or unclassified person be within Residential electrician means a person sight of one another at all times. having the necessary qualifications, training, Every person who desires to perform the experience, and technical knowledge to wire work of an electrical laborer/helper shall pro- for or install electrical wiring, apparatus, and vide their name and contact information to the equipment who meets and is subject to the Building Services Department on such forms restrictions of Iowa Code §103.12 and who is as the building official shall prescribe. licensed by the State Board. Apprentice electricians shall not install, al- Special electrician means a person having ter, or repair electrical equipment except as the necessary qualifications, training, and ex-provided in this Ordinance and the licensee perience in wiring or installing special classes employing or supervising the apprentice elec- 122 Regular Session, March 16, 2009 Book 139 tricians shall not authorize or permit such ac-(e) The provisions of this Article shall not tions by the apprentice electricians. apply to the replacement of integral parts of Unclassified persons shall not install, alter, equipment or appliances by firms or persons in or repair any energized electrical equipment possession of a valid electrical maintenance and the licensee employing or supervising the license issued previously to the firm or person unclassified persons shall not authorize or by the Building Services Department of the permit such actions by the unclassified per-City under other pertinent City ordinances. sons. (f) The maximum number of State of Apprentice electricians shall do no electric-Iowa licensed apprentice electricians or State al wiring except under the direct personal on-of Iowa licensed unclassified persons that the-job supervision and control and in the im-many be supervised by a licensed City of Du- mediate presence of a licensee as provided in buque or State of Iowa master, journeyman, or this Ordinance. Such supervision shall include maintenance electrician shall not exceed one both on-the-job training and related classroom to one (1:1). training as approved by the State of Iowa Elec-The supervision ratio of this Section need trical Examining Board and the bureau of ap-not apply to apprenticeship classroom training. prenticeship and training of the United States 83-3. Classes of Dubuque Electrical Li- Department of Labor. cense. Unclassified persons shall do no electrical (a) One (1) class of license is hereby es- wiring except under the direct personal on-the-tablished and certificates thereof shall be is- job supervision and control and in the imme-sued only upon the direction of the Dubuque diate presence of a licensee as provided in this Electrical Code Board. This class shall be des- Ordinance. ignated respectively as: Employment of unregistered master, jour-Electrical maintenance license shall en- neyman, apprentice electricians, or unclassi-title the holder thereof to undertake the fied persons shall be grounds for the suspen-work of installing, servicing, maintaining, sion or revocation of the employing electrical altering, and repairing electrical devices, contractor's registration and their ability to do appliances, and equipment within the con- work within the limits of the City of Dubuque. fines of property owned or controlled by the Employment of unregistered master, jour-firm, business, or company employing such neyman, apprentice electricians, or unclassi-registration holder or within the confines of fied persons shall be grounds for the suspen-property owned by an individual. sion or revocation of the employing mainten-(b) Three (3) classes of license are here- ance electrician's registration and their ability by established and certificates thereof shall be to do work within the limits of the City of Dubu-renewed only upon the direction of the Dubu- que. que Electrical Code Board. These classes (c) The owner or owners of a single-shall be designated respectively as: family dwelling, or mobile home, including the Dubuque electrical contractor's license usual accessory building and quarters used shall entitle the holder thereof to engage in exclusively for living purposes may do such the business of electrical contracting within electrical work without registration as demon-the corporate limits of the City of Dubuque strated by the capability to do, to the building and to secure permits for the installation, official, providing that the dwelling or mobile alteration, or repair of any electric wiring, home will be occupied by the owner and that a device, appliances, or equipment. permit is issued as provided in the Electrical Electrical maintenance license shall en- Code. No person qualifying for the owner-title the holder thereof to undertake, within occupant exemption shall be eligible for a sub-the corporate limits of the City of Dubuque, sequent exemption on any other structure for the work of installing, servicing, maintain- seven (7) years. ing, altering, and repairing electrical devic- (d) The provisions of this Article shall not es, appliances, and equipment within the apply to any regular employee of a public utility confines of property owned or controlled by who does electrical work for such public utility the firm, business, or company employing only, nor shall they apply to the electrical work such registration holder or within the con- of a telephone or telegraph company, nor the fines of property owned by an individual. persons, firms, or corporations performing Dubuque journeyman electrician's li- electrical work for such a company, where cense shall entitle the holder thereof to un- such electrical work is an integral part of the dertake, within the corporate limits of the plant used by such telephone or telegraph City of Dubuque, the work of installing, company in rendering its duly authorized ser-maintaining, altering, and repairing elec- vice to the public, nor to any regular employee trical devices, appliances, and equipment of any railroad who does electrical work only in the employ of an electrical contractor. as a part of that employment. Sec. 83-4. Examination Required. Book 139 Regular Session, March 16, 2009 123 Application Fee for Reexamination Upon the sum of two thousand dollars ($2,000.00) Failure of Examinations. Any person desiring conditioned that such person will hold the City to be examined for a license to perform elec-harmless from liability for damage because of trical maintenance work by the Dubuque Elec-any negligence in doing, protecting, and com- trical Code Board, as determined by this Ar-pleting the permitted work of such person, ticle, shall make application to the Board on company, or firm or employees of said person, forms furnished by the Board, setting forth company, or firm will keep the work in good information necessary to establish qualifica-and perfect repair for the time stated in the tions as such and payment of an examination standard plans and specifications for such fee as specified in Table No. 13B. Persons work, and shall be liable on such bond to the failing an examination and desiring to take the City and property owner for any damage, loss, examination again must make application for and expense caused by reason of such per- the examination and pay the examination fee son, company, or firm's failure to perform the as required in the first instance. work according to the standard specifications, Sec. 83-5. Scope of Examination. and for any breach of the bond, and on the Applicants for licensure under this Article prompt payment to the City of any sums be- will be examined by the Dubuque Electrical coming due and owing to the City by reason of Code Board to determine their knowledge of the City of Dubuque Code of Ordinances dur- the rules and regulations governing the instal-ing the life of said bond. Said bond shall be lation of electric wiring, devices, appliances, kept in full force and effect for a period of one and equipment as set forth in the statutes of (1) year after expiration, cancellation, or revo- the State, the ordinances of the City, and in cation of electrical contractor license or ninety the National Electrical Code, in order to deter-(90) days after the recorded completion of all mine the general qualifications and fitness of permitted electrical projects of this individual, each applicant for executing electrical main-company, or firm, whichever occurs first. Such tenance work. bond shall be subject to annual approval by Sec. 83-6. Reexamination. the City Council. Should an applicant for registration under 83-9. Expiration of Registration; Renewal; this Article fail to pass an examination by not Failure to Renew. obtaining a rating thereon of seventy-five per-(1) Each Dubuque license shall expire on st cent (75%) or higher, such applicant may be December 31 following the date of its issue reexamined upon submitting an application in and shall be renewed by the Dubuque Elec- writing accompanied by the examination fee trical Code Board upon application of the hold- after a period of sixty (60) days has elapsed er of the license and payment of the required st from the date of the applicant's last previous fees any time on or before January 1of each examination. year. 83-7. Fees for Licenses. Renewal of license shall not be granted to Before an electrical maintenance license is a holder of a license while indebted to the City granted to any applicant under this Article and under the terms of this Article. before an expiring electrical license issued by (2) If there is a lapse of over sixty (60) the City of Dubuque is renewed, the applicant days from the expiration of a license renewal, shall pay to the City a fee as specified in Table the renewal procedure shall be the same as on No. 13-B. an original application. TABLE NO. 13-B 83-10. Suspension of Permit Privilege for Electrical Examination, License Fees Multiple Violations. 1. Initial fee for electrical maintenance Where a licensed electrical contractor is license: $120.00 found doing electrical work without an electric- 2. Renewal fee for electrical mainten-al permit on three (3) separate occasions in ance license: $60.00 one (1) year, a hearing shall be held by the 3. Renewal fee for Dubuque licensed building official at which time the permit privi- electrical contractor: $75.00 leges of said electrical contractor may be sus- 4. Renewal fee for Dubuque licensed pended for a period of time not to exceed one journeyman: $50.00 (1) year. The members of the Dubuque Elec- Examination fees are set by the testing trical Code Board as established by Article 81- agency. 3 shall be present at such hearings and shall 83-8. Bonding. act as advisors to the building official in deter- Any person, company, or firm desiring to mining what course of action should be taken. engage in the business of electrical contracting 83-12. Display of License. and obtain permits for the purpose of perform-Every holder of a State of Iowa or City of ing electrical work within the City limits of Du-Dubuque electrical license shall be able to buque under the scope of the City of Dubuque produce their current license when on the job Code of Ordinances or Iowa Code Chapter site or when making application for an electric- 197 shall execute a surety company bond in al permit. 124 Regular Session, March 16, 2009 Book 139 83-13. Transferability. device is listed for multiple conduc- No license may be loaned, rented, as-tors. signed, or transferred. No holder of a valid (8) All bonding connections on license shall obtain a permit under said license the gas piping system(s) shall be ac- and then sub-contract, sell, or otherwise as-cessible when the building is com- sign the work covered by said permit to a per-plete. son or firm who does not have a valid license. (9) Gas piping system(s) shall Article 250.104(B) Other Metal Piping. never be used as the grounding elec- Where installed in or attached to a building trode system. or structure, metal piping system(s), including 404.1(A) HEIGHT REQUIREMENTS. gas piping, that is likely to become energized This includes but is not limited to recep- shall be bonded to the service equipment en-tacles, switches, dimmers, thermostats, timers, closure, the grounded conductor at the ser-fuses, equipment disconnects, and circuit- vice, the grounding electrode conductor where breakers whether located inside or outside of a of sufficient size, or to the one or more groun-building or structure. ding electrodes used. The bonding jumper(s) In all places accessible to persons with shall be sized in accordance with 250.122, disabilities, the height requirements of all elec- using the rating of the circuit that is likely to trical utilization or control devices shall be as energize the piping system(s). The points of follows: attachment of the bonding jumper(s) shall be (1) The minimum height of a re- accessible. quired wall mounted electrical device Article 250.104(E) Gas Piping System shall not be less than 0.38m (15 Bonding Requirement. inches), measured from the finished This requirement will apply anytime a main floor height to the center of the usable electrical service is installed, replaced, or re-part of the device. paired and the structure has one or more met-(2) The maximum height of a al fuel gas piping systems. The metal gas pip-required wall mounted electrical de- ing system(s) shall be made electrically and vice shall not be greater than 1.22m mechanically continuous to the grounding (48 inches), measured from the floor electrode system of the main electrical service to the to the center of the usable part by the installation of a bonding connection of the device. which meets all of the following: (3) The maximum height of a (1) The bonding conductor(s) required wall mounted electrical de- shall not be smaller than a number vice installed over the surface of a six (#6) copper wire. counter top shall not be greater than (2) The bonding conductor(s) 1.17m (46 inches), measured from shall be bare copper or shall be green the floor to the to the center of the insulated wire. usable part of the device. (3) All bonding connections on 406.1(A) HEIGHT REQUIREMENTS. gas pipe system(s) shall be located This includes but is not limited to recep- (inside or out) not more than 1.52 m tacles, switches, dimmers, thermostats, timers, (5 ft) from the point where the gas fuses, equipment disconnects, and circuit- pipes enter the structure. breakers whether located inside or outside of a (4) No bonding connection on building or structure. any gas pipe(s) shall be installed be-In all places accessible to persons with fore (upstream, ahead) of any gas disabilities, the height requirements of all elec- meter or other gas company equip-trical utilization or control devices shall be as ment. follows: (5) All bonding connections on (1) The minimum height of a re- gas pipe system(s) shall be installed quired wall mounted electrical device only on a rigid metal portion of the shall not be less than 0.38m (15 gas pipe, never on a flexible section inches), measured from the finished of gas pipe. floor height to the center of the usable (6) All bonding conductor(s) part of the device. shall be connected to the gas piping (2) The maximum height of a system(s) by exothermic welding, required wall mounted electrical de- listed lugs, listed pressure connec-vice shall not be greater than 1.22m tors, listed clamps, or other listed (48 inches), measured from the floor means. to the to the center of the usable part (7) Not more than one conduc-of the device. tor shall be installed per listed con-(3) The maximum height of a nector or clamp or fitting unless the required wall mounted electrical de- vice installed over the surface of a Book 139 Regular Session, March 16, 2009 125 counter top shall not be greater than /s/Roy D. Buol, Mayor 1.17m (46 inches), measured from Attest: the floor to the to the center of the /s/Kevin S. Firnstahl, Assistant City Clerk usable part of the device. Published officially in the Telegraph Herald th 408.1(A) HEIGHT REQUIREMENTS. Newspaper the 20 day of March, 2009. This includes but is not limited to recep-/s/Kevin S. Firnstahl, Assistant City Clerk tacles, switches, dimmers, thermostats, timers, fuses, equipment disconnects, and circuit-Request for Proposals – Historic Millwork breakers whether located inside or outside of a District Energy Analysis: City Manager re- building or structure. commending approval of the issuance of a In all places accessible to persons with Request for Proposals for a District Energy disabilities, the height requirements of all elec-Analysis for the Historic Millwork District. Mo- trical utilization or control devices shall be as tion by Jones to receive and file the docu- follows: ments and approve the recommendation. (1) The minimum height of a re-Seconded by Braig. Motion carried 6-0. quired wall mounted electrical device shall not be less than 0.38m (15 Dubuque Sustainable Design Assessment inches), measured from the finished Team (SDAT) Final Report: City Manager re- floor height to the center of the usable commending approval of the Dubuque SDAT part of the device. Final Report and the status report on the Du- (2) The maximum height of a buque SDAT recommendations for incorpora- required wall mounted electrical de-tion into the Sustainable Dubuque Initiative. vice shall not be greater than 1.22m Motion by Jones to receive and file the docu- (48 inches), measured from the floor ments and approve the recommendation. to the to the center of the usable part Seconded by Connors. Responding to ques- of the device. tions by City Council, Planning Services Man- (3) The maximum height of a ager Laura Carstens explained that the SDAT required wall mounted electrical de-recommendations will go to the Sustainable vice installed over the surface of a Dubuque Task Force and a compilation would counter top shall not be greater than come back to Council for discussion at a later 1.17m (46 inches), measured from date. Motion carried 6-0. the floor to the to the center of the Pre-Disaster Mitigation Plan: City Manager usable part of the device. requesting the appointment of up to two City Article 408.4(A) Additional Labeling of Council representatives to serve on the Pre- Electrical Service Panels and Switchboards. Disaster Mitigation Plan (PDMP) Committee. The labeling shall be expanded to include Motion by Connors to receive and file the doc- the name of contracting company (installer) ument and appoint Council Members Joyce and the contact information for same and shall Connors and Ric Jones to the Pre-Disaster be installed at or on the main electrical service Mitigation Plan Committee. Seconded by Res- panel. Additionally it will list all of the following: nick. Motion carried 6-0. (1) Location(s) of all accessible bolted grounding connections to any There being no further business, upon mo- metal water service piping. tion the City Council adjourned at 7:08 p.m. (2) Approximate location(s) of all buried ground-rod connections, if /s/Jeanne F. Schneider, CMC any installed. City Clerk (3) Approximate location of all bolted grounding connections to rein- forcing steel in foundation if installed. (4) Location(s) of all accessible bolted bonding connections to build- ing steel and all other metal piping systems including gas piping, sprin- klers, etc. (5) Location of the intersystem bonding terminal bus bar. Irreversible connections (compression, exother- mic, etc.) are not required to be ac- cessible. Section 3. When Effective: This Ordinance shall take effect on May 1, 2009. th Passed, approved and adopted this 16 day of March, 2009. 126 Special Session, March 23, 2009 Book 139 CITY OF DUBUQUE, IOWA WHEREAS, the City is required to hold a public hearing prior to approving a forgivable CITY COUNCIL loan contract. OFFICIAL NOW, THEREFORE, BE IT RESOLVED BY PROCEEDINGS THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to The Dubuque City Council met in special consider a Forgivable Loan Contract between session at 6:30 p.m. on March 23, 2009 in the the City and the Iowa Department of Economic Historic Federal Building. Development. Section 2. The City Clerk is hereby Present: Mayor Buol, Council Members authorized and directed to cause this Resolution Braig, Connors, Jones, Lynch, Resnick, Voet- and a notice to be published as prescribed by berg, City Manager Van Milligen; City Attorney Iowa Code Section 364.7 of a public hearing on Lindahl a Forgivable Loan Contract between the City and the Iowa Department of Economic Mayor Buol read the call and stated this is th Development, to be held on the 6 day of April, a special session of the City Council to con- 2009, at 6:30 o'clock p.m. at the Historic Federal sider setting a public hearing to consider a th Building, Council Chambers, 350 W. 6 Street, Physical Infrastructure Assistance Program Dubuque, Iowa. Forgivable Loan Contract with the Iowa De- rd Passed, approved and adopted this 23 day partment of Economic Development. of March, 2009. Roy D. Buol, Mayor ITEM TO BE SET FOR PUBLIC HEARING Attest: Kevin S. Firnstahl, Assistant City Clerk Motion by Connors to receive and file the There being no further business, upon mo- documents, adopt the resolution, set the public tion the City Council adjourned at 6:32 p.m. hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. /s/Kevin S. Firnstahl Seconded by Braig. Motion carried 7-0. Assistant City Clerk Iowa Department of Economic Develop- ment: City Manager recommending that a pub- lic hearing be set for April 6, 2009 to consider a Physical Infrastructure Assistance Program (PIAP) Forgivable Loan Contract with Iowa Department of Economic Development. Upon motion the documents were received and filed and Resolution No. 108-09 Intent to approve a forgivable loan contract with the Iowa Depart- ment of Economic Development on behalf of Dubuque Initiatives was adopted setting a pub- lic hearing for a meeting to commence at 6:30 p.m. on April 6, 2009 in the Historic Federal Building. RESOLUTION NO. 108-09 INTENT TO APPROVE A FORGIVABLE LOAN CONTRACT WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF DUBUQUE INITIATIVES. WHEREAS, the City of Dubuque, Iowa has received funding from the Iowa Department of Economic Development through the Physical Infrastructure Assistance Program (PIAP) on behalf of Dubuque Initiatives, and WHEREAS, the City is required to execute a Forgivable Loan Contract with the Iowa Department of Economic Development, and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve Forgivable Loan Contract, and Book 139 Special Session, April 6, 2009 127 CITY OF DUBUQUE, IOWA  Service Concepts (Options 1-6)  Vehicles: size and fuels CITY COUNCIL OFFICIAL City Council discussion included a general PROCEEDINGS disappointment over the lack of innovative ideas and out-of-the-box solutions stating that the analysis mostly contained basic demo- The Dubuque City Council met in special graphic information and route modifications session at 5:00 p.m. on April 6, 2009 in the that the system has experienced over many Historic Federal Building. years. It was noted that federal stimulus funds are available for cities that can provide innova- Present: Mayor Buol, Council Members tive plans, and the City is poised to take ad- Braig, Connors, Jones, Lynch, Resnick, Voet- vantage of the funding. Council members ex- berg, City Manager Van Milligen, City Attorney pressed interest in information regarding route Lindahl lengths, time frames, schedules, as well as marketing the system to citizens who wouldn’t Mayor Buol read the call and stated this is usually use public transit. Generally Council a special session of the City Council to act Members liked the concept of “circulator” upon such business that may properly come areas and believed that Option #6 showed before the City Council. some potential or favored a solution that in- cludes a mix of service options and vehicles. WORK SESSION Staff and consultants will consider the City KEYLINE TRANSIT COMPREHENSIVE Council’s feedback for a final report to be pre- OPERATIONAL ANALYSIS sented at a later date. Economic Development Director Dave There being no further business, upon mo- Heiar introduced ECIA staff, Transit Board tion the City Council adjourned at 6:20 p.m. Members, First Transit employees, and LSC Transportation consultants who were in atten- /s/Kevin S. Firnstahl dance. Heiar gave a brief history of the Transit Assistant City Clerk Comprehensive Operation Analysis and an explanation of the documents provided to City Council. A.T. Stoddard of LSC Transportation, Colo- rado Spring, Colorado, provided a slide pres- entation of the results of the Transit Compre- hensive Operation Analysis, which consisted of:  Overview: project overview, onboard sur- vey, passenger counts, demand analysis, service evaluation, community input and service options.  Study Process Service Evaluation: operational o data, financial data, ridership da- ta, boarding and alighting counts onboard survey, driver meeting, public meetings service options, proposed changes, draft plan  Demographics: population density; worker flow to downtown and Port of Dubuque  On-Board Survey: annual household in- come, passenger perceptions, passenger counts, demand analysis, Keyline service evaluation  Route Productivity: passengers per ser- vice hour; passengers by time; Minibus passengers by time; peer system (com- parisons) productivity, cost per hour, cost per passenger, para-transit cost per pas- senger  Community input 128 Regular Session, April 6, 2009 Book 139 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Charles F. Carr for CITY COUNCIL vehicle damage; Chase Home Finance, LLC OFFICIAL vs. City of Dubuque, et al; Deutsche Bank Na- PROCEEDINGS tional Trust Company vs. City of Dubuque, et al; Mildred G. Finzel for vehicle damage; Tra- cey Hillery for vehicle damage; Tim Nemmers The Dubuque City Council met in regular for property damage; Jessica M. Schick for session at 6:30 p.m. on April 6, 2009 in the vehicle damage; David J. Schmitt for property Historic Federal Building. damage; Jon and Diane Trotter for property damage; Superior Welding Supply Co. for Present: Mayor Buol, Council Members property damage; Mary L. VanNatta for vehicle Braig, Connors, Jones, Lynch, Resnick, Voet- damage; Wells Fargo National Association vs. berg, City Manager Van Milligen, City Attorney City of Dubuque, et al; Tony and Michelle Lindahl Zurcher for property damage; Iowa Code Chapter 573 Notice of Claim, Public Improve- Mayor Buol read the call and stated this is ment Claim, filed by Attorney Denis Y. Reed a regular session of the City Council to act on behalf of Iowa Reinforcing Steel, LLC, for upon such business that may properly come services provided at the Port of Dubuque Pub- before the City Council. lic Parking Facility; Iowa Code Chapter 573 Notice of Claim, Public Improvement Claim, Pledge of Allegiance filed by Attorney Douglas J. Reed on behalf of Iowa Reinforcing Steel, LLC, for services pro- Invocation was provided by Ken Daugh- vided at the Port of Dubuque Public Parking ters, President of Emmaus Bible College. Facility Upon motion the documents were received PROCLAMATIONS and filed and referred to the City Attorney. City Attorney advising that the following Week of the Young Child (April 19-25, claims have been referred to Public Entity Risk 2009) was accepted by Ann Willenbring, As- Services of Iowa, the agent for the Iowa Com- sociation of the Education of Young Children, munities Assurance Pool: Mildred G. Finzel for 4300 Asbury Road. vehicle damage; Sara Gilles for personal in- Library Week (April 12-18, 2009) was ac- jury; Tracey Hillery for vehicle damage; Tim cepted by Library Director Susan Henricks and Nemmers for property damage; Jessica M. Library staff. Schick for vehicle damage; David J. Schmitt for property damage; April Shoars for personal CONSENT ITEMS injury; Diane Trotter for property damage; Mary L. VanNatta for vehicle damage; Tony Motion by Lynch to receive and file the and Michelle Zurcher for property damage. documents, adopt the resolutions and dispose City Attorney recommending denial of of as indicated with #21 Indiana Subdivision claims by Kathleen M. Kane for property dam- having been removed from the agenda. age and Superior Welding Supply Co. for Seconded by Connors. Lynch requested #20 property damage. Joe Lukehart Professional Services Award be City Attorney recommending approval of a held for separate discussion. Braig requested claim by Charles F. Carr for vehicle damage. #24 Liquor License Transfer be held for sepa-Upon motion the documents were received rate discussion. Motion carried 7-0. and filed and concurred. Locust Street Connector and Central Ave- Minutes and Reports Submitted: Arts and nue Traffic Control Project: City Manager re- Cultural Affairs Advisory Commission of 2/24; commending acceptance of the construction City Council of 3/16 and 3/23; Housing Com- contract for the Locust Street and Central mission of 1/27; Library Board of Trustees of Avenue Traffic Control Camera and Fiber Op- 1/22; Mechanical Board of 3/18 tic Improvement Project as completed by Price Proofs of publication for City Council Pro- Industrial Electric in the amount of ceedings of March 2, March 3, March 9, March $404,821.40. Upon motion the documents 16, and March 23, 2009; Governing Board of were received and filed and Resolution No. the Municipal Housing Agency of March 9, 109-09 Accepting the Locust Street Connector 2009; and List of Claims and Summary of and Central Avenue Traffic Control Camera Revenues for the Month Ended February 28, and Fiber Optics Improvements Project (Iowa 2009 DOT Project No. STP-A-946-0(1)-86-31 and Upon motion the documents were received authorizing payment of the contract amount to and filed. the contractor was adopted. Book 139 Regular Session, April 6, 2009 129 RESOLUTION NO. 109-09 Kevin S. Firnstahl, Assistant City Clerk ACCEPTING THE LOCUST STREET CON- NECTOR AND CENTRAL AVENUE TRAFFIC Community Development Block Grant CONTROL CAMERA AND FIBER OPTICS (CDBG) Access Ramp Project: City Manager IMPROVEMENTS PROJECT (IOWA DOT recommending acceptance of the construction PROJECT NO. STP-A-946-0(1)--86-31) AND contract for the 2007 Community Development AUTHORIZING THE PAYMENT OF THE Block Grant (CDBG) Access Ramp Project as CONTRACT AMOUNT TO THE CONTRAC- completed by Skyline Storage & Trucking in TOR the final amount of $42,316.57. Upon motion Whereas, the Public Improvement Contract the documents were received and filed and for the Locust Street Connector and Central Resolution No. 110-09 Accepting the 2007 Avenue Traffic Control Camera and Fiber Op-CDBG Access Ramp Project and authorizing tics Improvements Project (Iowa DOT Project the payment of the contract amount to the con- No. STP-A-946-0(1)--86-31) (the Project) has tractor was adopted. been completed and the City Engineer has RESOLUTION NO. 110-09 examined the work and filed a certificate stat- ACCEPTING THE 2007 CDBG ACCESS ing that the Project has been completed ac- RAMP PROJECT AND AUTHORIZING THE cording to the terms of the Public Improvement PAYMENT OF THE CONTRACT AMOUNT Contract and that the City Engineer recom- TO THE CONTRACTOR mends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED Whereas, the Public Improvement Contract BY THE CITY COUNCIL OF THE CITY OF for the 2007 CDBG Access Ramp Project (the DUBUQUE, IOWA: Project) has been completed and the City En- Section 1. The recommendation of the City gineer has examined the work and filed a cer- Engineer is approved and the Project is hereby tificate stating that the Project has been com- accepted. pleted according to the terms of the Public Section 2. The Finance Director is hereby Improvement Contract and that the City Engi- directed to pay to the Contractor from the Traf-neer recommends that the Project be ac- fic Signal Operations Center fund, Traffic Sig-cepted; and nal Interconnect fund, Traffic Signal Mastarm NOW THEREFORE, BE IT RESOLVED Retrofit fund, Fiber Optic Conduit-Private Sub-BY THE CITY COUNCIL OF THE CITY OF divisions & Misc. Projects fund and the Fiber DUBUQUE, IOWA: Optic Conduit-Paving Projects fund appropria-Section 1. The recommendation of the City tion for the contract amount of $404,821.40 Engineer is approved and the Project is hereby less any retained percentage provided for accepted. therein as provided in Iowa Code chapter 573, Section 2. The Finance Director is hereby and to pay such retainage only in accordance directed to pay to the Contractor from the with the provisions of Iowa Code chapter 573. Wheel Chair Ramps Capital Improvement th Passed, approved and adopted this 6 day Project appropriation for the contract amount of April, 2009. of $42,316.57 less any retained percentage Roy D. Buol, Mayor provided for therein as provided in Iowa Code Attest: Kevin S. Firnstahl, Assistant City Clerk chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code CITY ENGINEER’S CERTIFICATE OF FINAL chapter 573. COMPLETION OF THE LOCUST STREET Passed, approved and adopted this 6th CONNECTOR AND CENTRAL AVENUE day of April, 2009. TRAFFIC CONTROL CAMERA AND FIBER OPTICS IMPROVEMENTS PROJECT (IOWA Roy D. Buol, Mayor DOT PROJECT NO. STP-A-946-0(1)--86-31) Attest: Kevin S. Firnstahl, Assistant City Clerk The undersigned City Engineer of the City CITY ENGINEER’S CERTIFICATE OF FINAL of Dubuque, Iowa, hereby certifies that he has COMPLETION OF THE 2007 CDBG ACCESS inspected the Locust Street Connector and RAMP PROJECT Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT The undersigned City Engineer of the City Project No. STP-A-946-0(1)--86-31), that the of Dubuque, Iowa, hereby certifies that he has Project has been performed in compliance with inspected the 2007 CDBG Access Ramp the terms of the Public Improvement Contract, Project, that the Project has been performed in and that the total cost of the completed work is compliance with the terms of the Public Im- $452,222.27. provement Contract, and that the total cost of rd Dated this 3 day of April, 2009. the completed work is $46,548.32. Gus Psihoyos, City Engineer Dated this 3rd day of April, 2009. rd Filed in the office of the City Clerk on the 3 Gus Psihoyos, City Engineer day of April, 2009. 130 Regular Session, April 6, 2009 Book 139 Filed in the office of the City Clerk on the 3rd Industrial Center West. Upon motion the doc- day of April, 2009. uments were received, filed, and approved. Kevin S. Firnstahl, Assistant City Clerk Mutual Aid and Assistance Agreement Collective Bargaining: City Manager re-(IOWARN): City Manager recommending ap- commending approval of an amendment to the proval of a Mutual Aid and Assistance agree- Collective Bargaining agreement between the ment for the Iowa Water/Wastewater Re- City of Dubuque and Teamsters Local #120 for sponse Network (IOWARN) to support water Airport Maintenanceworkers and Airport Me-and wastewater utilities during times of emer- chanic. Upon motion the documents were re-gencies. Upon motion the documents were ceived, filed, and approved. received and filed and Resolution No. 111-09 Approving Mutual Aid and Assistance Agree- Justice Assistance Grant (JAG): City Man-ment between the City of Dubuque and the ager recommending acceptance of the 2009 Iowa Water/Wastewater Agency Response Edward Byrne Memorial Justice Assistance Network (IOWARN) was adopted. Grant (JAG). Upon motion the documents RESOLUTION 111-09 were received, filed, and approved. APPROVING MUTUAL AID AND ASSIS- TANCE AGREEMENT BETWEEN THE CITY Request for Proposals - Towing Contract OF DUBUQUE AND THE WA- Renewal: City Manager recommending the TER/WASTEWATER AGENCY RESPONSE issuance of a Request for Proposals for the NETWORK (IOWARN) City Towing Contract for Fiscal Years 2010 - 2012. Upon motion the documents were re-Whereas, the City of Dubuque, Iowa and ceived, filed, and approved. the Water/Wastewater Agency Response Network (IOWARN) enter into a Mutual Aid Signed Contracts: Black Hills Energy for Agreement in providing utility support during water meter reading services; Apex Manage-times of emergencies. ment Group for actuary services; and IIW En-NOW THEREFORE, BE IT RESOLVED gineers for design services. Upon motion the BY THE CITY COUNCIL OF THE CITY OF documents were received, filed, and approved. DUBUQUE, IOWA: Section 1: That the City Council of the City Chavenelle Road: City Manager recom-of Dubuque, Iowa hereby approves and directs mending approval of an agreement between the City Manager to sign the attached Mutual Giese Properties, LLC, and the City of Dubu-Aid Agreement with the Water/Wastewater que to modify site access points to the Giese Agency Response Network (IOWARN) in pro- Manufacturing site in the Dubuque Industrial viding assistance during times of utility emer- Center West. Upon motion the documents gencies. were received, filed, and approved. Passed, approved and adopted this 6th day of April, 2009. Moving Forward with GIS: City Manager Roy D. Buol, Mayor recommending acceptance of a proposal from Attest: Kevin Firnstahl, Assistant City Clerk Environmental Systems Research Institute (ESRI), execution of an agreement to create Legislative Correspondence: City Manager an Enterprise System for Geographic Informa-submitting correspondence to State Legisla- tion System (GIS), and purchase of a ArcGIS tors thanking them for supporting the Fiscal Server to Support the GIS System. Upon mo-Year 2009 Federal Omnibus Bill; urging oppo- tion the documents were received, filed, and sition to Senate File 226 and the Annexation approved. Bill – House File 160. Upon motion the docu- ments were received and filed. Request for Proposals – Roosevelt Park Redevelopment: City Manager recommending Dubuque Golf and Country Club: Commu- approval of the issuance of a Request for Pro-nication from Richard Bugalski, General Man- posals for the professional design services for ager of the Dubuque Golf and Country Club, Formation of a Basic Master Plan for Redeve-requesting permission to display fireworks on lopment of Roosevelt Park. Upon motion the Country Club property, Saturday, July 4, 2009. documents were received, filed, and approved. Upon motion the document was received, filed, and approved. Request for Proposals – Professional Ser- vices for Wetlands Monitoring: City Manager Mediacom: Communications from Lee recommending approval of the issuance of a Grassley, Senior Manager, Government Rela- Request of Proposals for the Professional tions for Mediacom, advising the City of rate Wetlands Monitoring Services at the Dubuque increases in basic and premium packages. Book 139 Regular Session, April 6, 2009 131 Upon motion the documents were received 2009. Motion by Braig to receive and file the and filed. documents and approve. Seconded by Jones. Braig stated that Emotion Connection is a U.S. Department of Housing and Urban wonderful event for all ages and thanked the Development: Communication from Shaun many volunteers involved in the project. Mo- Donovan, U.S. Department of Urban Devel-tion carried 7-0. opment, advising the City of an allocation of funds from the American Recovery and Rein-Liquor License Renewals: City Manager vestment Act of 2009 for selected City housing recommending approval of annual liquor li- programs. Upon motion the document was cense renewals as submitted. Upon motion the received and filed. documents were received and filed and Reso- lution No. 112-09 Granting the issuance of a City Development Board: Communication Class “C” Beer/Liquor License for Neighbor’s from Steven R. McCann, City Development Tap, Olive Garden Restaurant, Clarke College, Board Administrator, advising the City that the and Noonan’s Tap; a Special Class “C”: (BW) documents completing the Westside annexa-Liquor License for Mindframe Theater and tion have been recorded with the Secretary of Dollar Dish Restaurant; and a Class “B” Wine State and the Dubuque County Recorder. License for Oky Doky #1 and Oky Doky #2; Upon motion the documents were received and Resolution No. 113-09 Granting the is- and filed. suance of a Class “B” Beer Permit for McA- leece Park and Recreation; and a Class “C” Civil Service Commission: Correspon-Beer Permit for Oky Doky #1, Oky Doky #2, dence from Otto Krueger submitting his resig-Par Food Mart, and Ron’s Five Point Mart nation from the Civil Service Commission ef-were adopted. fective immediately. Upon motion the docu- RESOLUTION NO. 112-09 ment was received and filed, and the resigna- tion accepted. Whereas, applications for Liquor Licenses have been submitted to this Council for ap- Joe Lukehart Professional Services Award: proval and the same have been examined and Communication from the Iowa City/County approved; and Management Association advising the City that Whereas, the premises to be occupied by City Manager Michael Van Milligen has been such applicants were inspected and found to awarded the Joe Lukehart Professional Ser-comply with the State Laws and all City Ordin- vice Award for Outstanding Contribution to the ances relevant thereto and they have filed Advancement of City Management in Iowa. proper bonds. Motion by Lynch to receive and file the docu-NOW, THEREFORE, BE IT RESOLVED ments. Seconded by Jones. Council Member BY THE CITY COUNCIL OF THE CITY OF Lynch acknowledged the award and Council DUBUQUE, IOWA: Members congratulated Van Milligen. Motion That the Manager be authorized to cause carried 7-0. to be issued the following named applicants a Liquor License. Indiana Subdivision: Removed from the CLASS “C” BEER/LIQUOR LICENSE agenda prior to the meeting. Neighbor’s, Inc., Neighbor’s Tap, 1899 Rockdale Road Community Disaster Grant: City Manager GMRI, Inc., Olive Garden Restaurant recommending the submission of an applica-+(Sunday Sale), 3350 Dodge Street tion for Community Disaster Grant Funding for Clarke College of DBQ, Clarke College assistance and expenses related to the 2008 +(Sunday Sale), 1550 Clarke Drive floods. Upon motion the documents were re-Mary Lou Kamp, Noonan’s Tap+(Sunday ceived, filed and approved. Sale), 1618 Central Avenue SPECIAL CLASS “C”(BW) LIQUOR Tobacco Compliance – Civil Penalties for Mindframe MultiMedia, Mindframe Thea- Tobacco License Holders: City Manager re-ters +(Sunday Sale), 555 JFK Rd #105 commending approval of the Acknowledge-Dollar Dish, LLC, Dollar Dish Restaurant ment/Settlement Agreements for a second +(Sunday Sale), 1099 University Avenue offense tobacco compliance violation for Oky CLASS “B” WINE Doky, 1256 Iowa Street; and HyVee #1, 3500 TFM Co., Oky Doky #1, 250 W 1st Street Dodge Street. Upon motion the documents TFM Co., Oky Doky #2, 51 W 32nd Street were received, filed, and approved. Passed, approved and adopted this 6th day of April 2009. Liquor License Transfer: Request of Roy D. Buol, Mayor Monk’s Kaffee Pub to transfer their liquor li-Attest: Kevin S. Firnstahl, Assistant City Clerk cense to the Masonic Temple on April 18, 132 Regular Session, April 6, 2009 Book 139 RESOLUTION NO. 113-09 RESOLUTION NO. 114-09 LOUISE LANE BRIDGE RECONSTRUCTION Whereas, applications for Beer Permits PROJECT have been submitted and filed to this Council PRELIMINARY APPROVAL OF PLANS, for approval and the same have been ex- SPECIFICATIONS, FORM OF CONTRACT, amined and approved: and AND ESTIMATED COST; SETTING DATE Whereas, the premises to be occupied by OF PUBLIC HEARING ON PLANS, SPECI- such applicants were inspected and found to FICATIONS, FORM OF CONTRACT, AND comply with the Ordinances of the City and ESTIMATED COST; AND ORDERING THE have filed proper bonds. ADVERTISEMENT FOR BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF That the Manager be authorized to cause DUBUQUE, IOWA: to be issued the following named applicants a The proposed plans, specifications, form of Beer Permit. contract and estimated cost for the Louise CLASS “B” BEER PERMIT Lane Bridge Reconstruction Project, in the City of Dubuque, McAleece Park & estimated amount $284,000.00, are hereby Recreation +(Sunday/Outdoor Sale), 1801 preliminarily approved and ordered filed in the Admiral Sheehy Drive office of the City Clerk for public inspection. th CLASS “C” BEER PERMIT A public hearing will be held on the 20 TFM Co., Oky Doky #1 +(Sunday Sale), day of April, 2009, at 6:30 p.m. in the Historic st 250 W 1 Street Federal Building Council Chambers at which TFM Co., Oky Doky #2 +(Sunday Sale), time interested persons may appear and be nd 51 W 32 Street heard for or against the proposed plans and Sahajanand Enter, Par Food Mart specifications, form of contract and estimated +(Sunday Sale), 3200 Central Avenue cost of said Project, and the City Clerk be and R Future, Ron’s Five Point Mart +(Sunday is hereby directed to cause the attached notice Sale), 405 Rhomberg Avenue of the time and place of such hearing to be th Passed, approved and adopted this 6 day published in a newspaper having general cir- of April, 2009 culation in the City of Dubuque, Iowa, which Roy D. Buol, Mayor notice shall be published not less than four Attest: Kevin S. Firnstahl, Assistant City Clerk days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ITEM TO BE SET FOR PUBLIC HEARING ested person may appear and file objections to the proposed plans, specifications, form of Motion by Connors to receive and file the contract, or estimated cost of the Project. documents, adopt the resolutions, set the pub-The Louise Lane Bridge Reconstruction lic hearing as indicated, and direct the City Project is hereby ordered to be advertised for Clerk to publish notice as prescribed by law. bids for construction. Seconded by Braig. Motion carried 7-0. The amount of the security to accompany each bid shall be in an amount which shall Louise Lane Bridge Reconstruction conform to the provisions of the Notice to Bid- Project: City Manager recommending initiation ders hereby approved. of the public bidding process for the Louise The City Clerk is hereby directed to adver- Lane Bridge Reconstruction Project and that a tise for bids for the construction of the im- public hearing be set for April 20, 2009. Upon provements herein provided, by publishing the motion the documents were received and filed attached Notice to Bidders to be published in a and Resolution No. 114-09 Preliminary ap-newspaper having general circulation in the proval of plans, specifications, form of con-City of Dubuque, Iowa, which notice shall be tract, and estimated cost; setting date of public published not less than four but not more than hearing on plans, specifications, form of con-forty-five days before the date for filing bids th tract, and estimated cost; and ordering the before 2:00 p.m. on the 28 day of April, 2009. advertisement for bids was adopted setting a Bids shall be opened and read by the City public hearing for a meeting to commence at Clerk at said time and will be submitted to the 6:30 p.m. on April 20, 2009, in the Historic City Council for final action at 6:30 p.m. on the th Federal Building. 4 day of May, 2009, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Book 139 Regular Session, April 6, 2009 133 BOARDS/COMMISSIONS WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic th Appointment to the following Federal Building, located at 350 West 6 Board/Commission: Civil Service Commission Street in the City of Dubuque, Iowa; and (Mayor Appointment): One 4-year term WHEREAS, City and JD Communications through April 6, 2013 (Term of White). Appli-have negotiated a 5 year Lease Agreement, with cant: Dan White, 2919 Elm Street. Upon City a 5 year option, for space in the Historic Federal Council concurrence, Mayor Buol appointed Building, a copy of which is attached; and Dan White to the Civil Service Commission for WHEREAS, the City Council believes it is in a 4-year term through April 6, 2013. the best interests of the City of Dubuque to approve the Lease Agreement. PUBLIC HEARINGS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Upon motion the rules were suspended to DUBUQUE, IOWA: allow anyone present to address the City Section 1. The Lease Agreement between Council. City and JD Communications is hereby approved and the City Manager is authorized to Dubuque Industrial Center Planned Unit execute said lease on behalf of the City of Development District (Tabled on January 20, Dubuque. th 2009): City Manager requesting that this item Passed, approved and adopted this 6 day be tabled to July 6, 2009. of April, 2009. Proof of publication on notice of hearing to Roy D. Buol, Mayor consider a request from the City of Dubuque/ Attest: Kevin S. Firnstahl, Assistant City Clerk Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Eagle Point Water Plant West Clear Well Center, located on Chavenelle Road and the Reservoir Rehabilitation Phase II Project: Northwest Arterial, to change the designation Proof of publication on notice of hearing to of property from open space to commercial consider the plans and specifications, form of and Zoning Advisory Commission recommend-contract and estimated cost for the Eagle Point ing approval, with conditions. Water Plant West Clear Well Reservoir Reha- Motion by Jones to remove from the table. bilitation Phase II Project and City Manager Seconded by Voetberg. Motion carried 7-0. recommending approval. Motion by Connors to Motion by Jones to table a proposed ordin-receive and file the documents and adopt ance amending Appendix A (the Zoning Or-Resolution No. 116-09 Approving plans, speci- dinance) of the City of Dubuque Code of Or-fications, form of contract, and estimated cost dinances by adopting a revised Planned Unit for the Eagle Point Water Plant West Clear Development Ordinance for the Dubuque In-Well Reservoir Rehabilitation Phase II (Pipe dustrial Center Phases I and II located at the Coating) Project. Seconded by Braig. Motion southwest corner of Highway 32 (Northwest carried 7-0. Arterial) and Chavenelle Road and by repeal- RESOLUTION 116-09 ing Ordinance 22-07 to July 7, 2009. EAGLE POINT WATER PLANT CLEAR Seconded by Voetberg. Motion carried 7-0. WELL RESERVOIR REHABILITATION PHASE II (PIPE COATING) PROJECT J.D. Communications, Inc. Lease: Proof of APPROVAL OF PLANS, SPECIFICATIONS, publication on notice of hearing to consider a FORM OF CONTRACT, AND ESTIMATED five-year lease with J.D. Communications, Inc. COST FOR THE EAGLE POINT WATER (Julien’s Journal) for space in the Historic PLANT WEST CLEAR WELL RESERVOIR Federal Building and City Manager recom- REHABILITATION PHASE II (PIPE COAT- mending approval. Motion by Lynch to receive ING) PROJECT. and file the documents and adopt Resolution No. 115-09 Approving the disposal of an inter-NOW THEREFORE, BE IT RESOLVED est in real property owned by the City of Du-BY THE CITY COUNCIL OF THE CITY OF buque by lease between the City of Dubuque, DUBUQUE, IOWA: Iowa, and JD Communications, Inc. Seconded That the proposed plans, specifications, by Voetberg. Motion carried 7-0. form of contract and estimated cost for the Eagle Point Water Plant Clear Well Reservoir RESOLUTION NO. 115-09 Rehabilitation Phase II (Pipe Coating) Project, APPROVING THE DISPOSAL OF AN in the estimated amount of $52,000, are here- INTEREST IN REAL PROPERTY OWNED BY by approved. THE CITY OF DUBUQUE BY LEASE Passed, adopted and approved this 6th BETWEEN THE CITY OF DUBUQUE, IOWA day of April, 2009. AND JD COMMUNICATIONS, INC. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk 134 Regular Session, April 6, 2009 Book 139 Iowa Department of Economic Develop-Upon motion the rules were reinstated li- ment: Proof of publication on notice of hearing miting discussion to the City Council. to consider a Physical Infrastructure Assis- ACTION ITEMS tance Program (PIAP) Forgivable Loan Con- tract with the Iowa Department of Economic Development on behalf of Dubuque Initiatives Kephart Building Improvement Project: City and City Manager recommending approval. Manager recommending award of the Kephart Motion by Jones to receive and file the docu-Building Improvement Project to Klauer Con- ments and adopt Resolution No. 117-09 Ap-struction in the amount of $577,992. Motion by proving a Physical Infrastructure Assistance Jones to receive and file the documents and Program (PIAP) contract and Promissory Note adopt Resolution No. 118-09 Awarding public with the Iowa Department of Economic Devel-improvement contract for the Kephart Building opment for the purchase of the Roshek Build-Improvement Project. Seconded by Lynch. ing. Seconded by Voetberg. Voetberg ques-Motion carried 7-0. tioned if there was a conflict of interest since RESOLUTION NO. 118-09 three Council Members are on the Dubuque AWARDING PUBLIC IMPROVEMENT CON- Initiatives Board. Lindahl stated that since TRACT FOR THE KEPHART BUILDING IM- those Council Members receive no direct ben- PROVEMENT PROJECT efit from their membership on that board, there was no conflict of interest. Motion carried 7-0. Whereas, sealed proposals have been submitted by contractors for the Kephart Build- RESOLUTION NO. 117-09 ing Improvement Project (the Project) pursuant APPROVING A PHYSICAL INFRASTRUC- to Resolution No. 86-09 and Notice to Bidders TURE ASSISTANCE PROGRAM (PIAP) published in a newspaper published in the City th CONTRACT AND A PROMISSORY NOTE of Dubuque, Iowa on the 6 day of March, WITH THE IOWA DEPARTMENT OF ECO- 2009. NOMIC DEVELOPMENT FOR THE PUR- Whereas, said sealed proposals were st CHASE OF THE ROSHEK BUILDING. opened and read on the 1 day of April, 2009, WHEREAS, the City of Dubuque, Iowa has and it has been determined that Klauer Con- received funding from the Iowa Department of struction of Dubuque, Iowa, with a bid in the Economic Development through the Physical amount of $ 577,992, is the lowest responsive, Infrastructure Assistance Program (PIAP) to responsible bidder for the Project. assist Dubuque Initiatives with the purchase of NOW THEREFORE, BE IT RESOLVED the Roshek building, and BY THE CITY COUNCIL OF THE CITY OF WHEREAS, the City is required to execute a DUBUQUE, IOWA: Physical Infrastructure Assistance Program That a Public Improvement Contract for the (PIAP) contract and a Promissory Note with the Project is hereby awarded to Klauer Construc- Iowa Department of Economic Development, tion and the City Manager is hereby directed to and execute a Public Improvement Contract on WHEREAS, the City Council believes it is in behalf of the City of Dubuque for the Project. th the best interests of the City of Dubuque to Passed, approved and adopted this 6 day approve a contract, and of April, 2009. WHEREAS, the City is required to hold a Roy D. Buol, Mayor public hearing prior to approving the promissory Attest: Kevin S. Firnstahl, Assistant City Clerk note. NOW, THEREFORE, BE IT RESOLVED BY Request for Proposals - Water Meter Re- THE CITY COUNCIL OF THE CITY OF view: City Manager submitting the final Water DUBUQUE, IOWA: Meter Review and Testing Phase II Report as Section 1. The City of Dubuque approves a completed by HDR Engineering and M.E. Physical Infrastructure Assistance Program Simpson Co. and recommending approval of (PIAP) contract and a Promissory Note between the issuance of a Request for Proposals for the City and the Iowa Department of Economic firms to assist in developing plans and specifi- Development. cations for the Water Meter Change Out Pro- Section 2. That the Mayor is hereby gram. Motion by Connors to receive and file authorized to execute the attached contract with the documents and approve. Seconded by the Iowa Department of Economic Development Braig. Motion carried 7-0. together with such documents as may be required. Southwest Arterial Consultant Selection th Passed, approved and adopted this 6 day Acquisition Appraisal Services: City Manager of April, 2009. recommending approval of Iowa Appraisal and Roy D. Buol, Mayor Research Corporation as the Acquisition Ap- Attest: Kevin S. Firnstahl, Assistant, City Clerk praisal Services Consultant and requesting authorization to negotiate a Professional Ser- Book 139 Regular Session, April 6, 2009 135 vices Agreement and execute a contract with Research Corporation as the first-ranked ap- Iowa Appraisal and Research Corporation for praisal consultant and hereby approves Iowa the Southwest Arterial Project. Motion by Appraisal and Research Corporation to pro- Lynch to receive and file the documents and vide real estate property Acquisition Appraisal adopt Resolution No. 119-09 Approving the Services for the right-of-way acquisition for the selection of Iowa Appraisal and Research development of the Southwest Arterial Project Corporation as the Professional Appraisal Ser-(Project). vices consultant to provide real estate property Section 2. That the City Manager is hereby acquisition appraisals for the acquisition of authorized to develop a Professional Services right-of-way for the development of the South-Agreement with Iowa Appraisal and Research west Arterial Project. Seconded by Jones. In Corporation, subject to approval of the Iowa response to property owner feedback and a Department of Transportation, to complete the recent media article, Buol and Connors stated acquisition appraisal phase of the Project. that there has been much work on this project Section 3. That the City Manager is hereby during the last 15 years despite the public per-authorized and directed to execute three cop- ception that the project was not progressing. ies of said Consultant Professional Services Motion carried 7-0. Agreement (Contract) with Iowa Appraisal and Research Corporation to provide real estate RESOLUTION NO. 119-09 property acquisition appraisal services for ac- RESOLUTION APPROVING THE SELEC- quisition of right-of-way for the development of TION OF IOWA APPRAISAL AND RE- the Southwest Arterial Project. th SEARCH CORPORATION AS THE PRO- Passed, adopted and approved this 6 day FESSIONAL APPRAISAL SERVICES CON- of April, 2009. SULTANT TO PROVIDE REAL ESTATE Roy D. Buol, Mayor PROPERTY ACQUISITION APPRAISALS Attest: Kevin S. Firnstahl, Assistant City Clerk FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE Southwest Arterial Consultant Selection SOUTHWEST ARTERIAL PROJECT Review Appraisal Services: City Manager re- Whereas, the City of Dubuque (City) and commending approval of Peoples Company of the Iowa Department of Transportation (Iowa Iowa as the selected Review Appraisal Servic- DOT) have agreed to jointly perform right-of-es Consultant, requesting authorization to ne- way property acquisition for the Project.gotiate a Professional Services Agreement Whereas, based on the right-of-way prop-and execute a contract with Peoples Company erty acquisition services agreement with the of Iowa for the Southwest Arterial Project. Mo- Iowa DOT, the City will be responsible for con-tion by Lynch to receive and file the docu- tracting the following acquisition related work ments and adopt Resolution No. 120-09 Ap- tasks: proving the selection of Peoples Company of  Acquisition Appraisals Iowa as the Professional Appraisal Services  Review Appraisals Consultant to provide real estate property re- Whereas, the City of Dubuque (City) de-view appraisals for the acquisition of the right- veloped a Request for Proposals (RFP) and of-way for the development of the Southwest solicited qualified professional appraisal con-Arterial Project. Seconded by Jones. Motion sultants to provide the real estate property carried 7-0. acquisition appraisals for the right-of-way ac- RESOLUTION NO. 120-09 quisition for the development of the Southwest RESOLUTION APPROVING THE SELEC- Arterial Project (Project); and TION OF PEOPLES COMPANY OF IOWA AS Whereas, the consultant selection process THE PROFESSIONAL APPRAISAL SER- was done in accordance with the Iowa De- VICES CONSULTANT TO PROVIDE REAL partment of Transportation “Modified” Consul- ESTATE PROPERTY REVIEW APPRAISALS tant Selection Process; and FOR THE ACQUISITION OF RIGHT-OF-WAY Whereas, the Consultant Selection Com- FOR THE DEVELOPMENT OF THE mittee selected Iowa Appraisal and Research SOUTHWEST ARTERIAL PROJECT Corporation of Des Moines, Iowa as the first- ranked appraisal consultant to provide real Whereas, the City of Dubuque (City) and estate property acquisition appraisal services the Iowa Department of Transportation (Iowa for acquisition of right-of-way for the develop-DOT) have agreed to jointly perform right-of- ment of the Project; and way property acquisition for the Project. NOW THEREFORE, BE IT RESOLVED Whereas, based on the right-of-way prop- BY THE CITY COUNCIL OF THE CITY OF erty acquisition services agreement with the DUBUQUE, IOWA: Iowa DOT, the City will be responsible for con- Section 1. That the City Council hereby tracting the following acquisition related work concurs with the Consultant Selection Commit-tasks: tee recommendation of Iowa Appraisal and  Acquisition Appraisals 136 Regular Session, April 6, 2009 Book 139  Review Appraisals covery Program Grant for the purpose of ob- Whereas, the City of Dubuque (City) de-taining three-year funding for four police officer veloped a Request for Proposals (RFP) and positions. Motion by Jones to receive and file solicited qualified professional appraisal con-the documents and approve the recommendation. sultants to provide the real estate property Seconded by Voetberg. Motion carried 7-0. review appraisals for the right-of-way acquisi- tion for the development of the Southwest Ar-City of Dubuque Code of Ordinances – terial Project (Project); and Chapter 27: City Manager recommending ap- Whereas, the consultant selection process proval of modifications to Chapter 27 of the was done in accordance with the Iowa De-Dubuque Code of Ordinances so that it re- partment of Transportation “Modified” Consul-mains consistent with the recent federal tant Selection Process; and changes to the Americans with Disabilities Act Whereas, the Consultant Selection Com-and the Equal Pay Act. Motion by Connors to mittee selected Peoples Company of Iowa of receive and file the documents and that the Indianola, Iowa as the first-ranked appraisal requirement that a proposed ordinance be consultant to provide real estate property re-considered and voted on for passage at two view appraisal services for acquisition of right-Council meetings prior to the meeting at which of-way for the development of the Project; and it is to be passed be suspended. Seconded by NOW THEREFORE, BE IT RESOLVED Braig. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF Motion by Connors for final consideration DUBUQUE, IOWA: and adoption of Ordinance No. 18-09 Amend- Section 1. That the City Council hereby ing the City of Dubuque Code of Ordinances concurs with the Consultant Selection Commit-by repealing Chapter 27 Human Rights and tee recommendation of Peoples Company of Adopting a new Chapter 27 Human Rights in Iowa as the first-ranked appraisal consultant lieu thereof. Seconded by Braig. Motion car- and hereby approves Peoples Company of ried 7-0. Iowa to provide real estate property Review ORDINANCE NO. 18-09 Appraisal Services for the right-of-way acquisi- AMENDING THE CITY OF DUBUQUE CODE tion for the development of the Southwest Ar- OF ORDINANCES BY REPEALING CHAP- terial Project (Project). TER 27 HUMAN RIGHTS AND ADOPTING A Section 2. That the City Manager is hereby NEW CHAPTER 27 HUMAN RIGHTS IN LIEU authorized to develop a Professional Services THEREOF. Agreement with Peoples Company of Iowa, subject to approval of the Iowa Department of NOW, THEREFORE, BE IT ORDAINED Transportation, to complete the review ap-BY THE CITY COUNCIL OF THE CITY OF praisal phase of the Project. DUBUQUE, IOWA: Section 3. That the City Manager is hereby Section 1. Chapter 27 of the City of Dubu- authorized and directed to execute three cop-que Code of Ordinances is amended as set ies of said Consultant Professional Services forth in the attached Chapter 27 Human Agreement (Contract) with Peoples Company Rights*. of Iowa to provide real estate property Review Section 2. This Ordinance shall take effect Appraisal Services for acquisition of right-of-on publication. th way for the development of the Southwest Passed, approved and adopted the 6 day Arterial Project. of April, 2009. th Passed, adopted and approved this 6 day /s/Roy D. Buol, Mayor of April, 2009. Attest: Roy D. Buol, Mayor /s/Kevin S. Firnstahl, Assistant City Clerk Attest: Kevin S. Firnstahl, Assistant City Clerk Published officially in the Telegraph Herald th Newspaper the 10 day of April, 2009. State Revolving Fund (SRF) Loan Applica-/s/Kevin S. Firnstahl, Assistant City Clerk *The complete Chapter 27 was attached to tion: City Manager recommending submittal of original Ordinance No. 18-09 and published in an application to the Iowa EPA State Revolv- its entirety. ing Fund (SRF) for a “Green” Project low- interest loan for the Water Meter Efficiency COUNCIL MEMBER REPORTS Replacement Program. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Mo-Voetberg reported on his attendance at the tion carried 7-0. National League of Cities Conference stating that many high-level federal government offi- Community Oriented Policing Services cials were asking cities to use innovation, (COPS) Hiring Recovery Program: City Man-partnerships, and sustainability in order to re- ager recommending submittal of a Community ceive available federal funds. Voetberg added Oriented Policing Services (COPS) Hiring Re-that Dubuque was used as an example for Book 139 Special Session, April 20, 2009 137 taking sustainability seriously, and he was told provided a history of the Washington Neigh- by an Amtrak representative that rail service borhood Revitalization since its kick-off in 2005 efforts should be concentrated in Des Moines. highlighting the neighborhood’s many success- Voetberg also reported that the delegation ful projects, awards, businesses, partnerships, from Dubuque’s Sister City of Handan, China, activities, and programs. is attempting to re-organize a trip to Dubuque Scott Goldstein of Teska Associates, in June 2009. Evanston, Illinois, presented the Washington Lynch reported that he received a memo Neighborhood Plan. Highlights included:  stating that a new mayor had been appointed Overview of the planning process in Dubuque’s Sister City of Handan, China, Planning process flow chart o and suggested possible outreach, which he Progress & accomplish- o would be willing to assist with. ments Connors suggested continued discussions Vision to projects o of the Sister City program with staff and/or City  Neighborhood characteristics Council. Land use and zoning o Neighborhood Assets o CLOSED SESSION Adjacent areas of influence o Housing characteristics o Economic potential analysis o Motion by Jones to go into closed session  Major plan recommendations at 7:13 p.m. regarding Pending Litigation pur- Business support and de- o suant to Chapter 21.5(1)(c)(j) of the Code of velopment Iowa. Seconded by Connors. Motion carried 7-0. Youth/family support and o Upon motion the City Council reconvened programs in open session at 8:39 p.m. stating that staff Housing and community de- o had been given property direction. velopment  Summary There being no further business, upon mo- Harris recommended the creation of a tion the City Council adjourned at 8:40 p.m. Washington Neighborhood Development Corporation (WNDC) and its mission to /s/Kevin S Firnstahl implement the Washington Neighborhood Assistant City Clerk Strategic Plan, strategy, goal and me- chanism. Potential funding sources in- clude Dubuque Initiatives, Neighborhood Development Corporation/NeighborWorks partnership, direct City allocation, Com- CITY OF DUBUQUE, IOWA munity Foundation of Greater Dubuque, CITY COUNCIL and federal/state grants and foundations. OFFICIAL City Council stated they were im- pressed with the amount of work and the PROCEEDINGS level of innovation related to the plan. The concept of a Business Owner Association The Dubuque City Council met in special was positively received. Following discus- session at 5:00 p.m. on April 20, 2009 in the sion and a question/answer period, the Historic Federal Building. City Council reached consensus on re- commending starting the process toward Present: Mayor Buol, Council Members creating the Washington Neighborhood Braig, Connors, Jones, Lynch, Resnick, Voet- Development Corporation. berg, City Manager Van Milligen, Assistant City Attorney O’Brien There begin no further business, upon motion the City Council adjourned at 6:01 Mayor Buol read the call and stated this is p.m. a special session of the City Council to discuss the Washington Neighborhood Plan. /s/Kevin S. Firnstahl Assistant City Clerk WORK SESSION WASHINGTON NEIGHBORHOOD PLAN Housing and Community Development Di- rector David Harris introduced the staff team, Americorps and Vista volunteers, and citizen coordinating committee attendees who were involved in the planning process. Harris then 138 Regular Session, April 20, 2009 Book 139 CITY OF DUBUQUE, IOWA ceived and filed and Resolution No. 121-09 Accepting improvements in Indiana Subdivi- CITY COUNCIL sion was accepted. OFFICIAL PROCEEDINGS RESOLUTION NO. 121-09 ACCEPTING IMPROVEMENTS IN INDIANA SUBDIVISION The Dubuque City Council met in regular Whereas, pursuant to Resolution 341-05, session at 6:30 p.m. on April 20, 2009 in the certain public improvements including street Historic Federal Building. paving with curb, sanitary sewer main, water- main, storm sewers and catch basins, boule- Present: Mayor Buol, Council Members vard street lighting, and a stormwater deten- Braig, Connors, Jones, Lynch, Resnick, Voet- tion facility were installed by the developer of berg, City Manager Van Milligen, Assistant the Indiana Subdivision. City Attorney O’Brien Whereas, the improvements have been completed and the City Manager has ex- Mayor Buol read the call and stated this is amined the work and has filed a certificate a regular session of the City Council to act stating that the same has been completed in upon such business that may properly come accordance with the plans approved by the before the City Council. City Council and in conformance with City specifications, and has recommended that the Pledge of Allegiance improvements be accepted by the City Coun- cil. Invocation was provided by Reverend Lo- NOW THEREFORE, BE IT RESOLVED ren Hirschy, Word of Life Church. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: PROCLAMATIONS Section 1. That the recommendation of the City Manager be approved and that said public Silver Star Banner Day (May 1, 2009) was improvements in the Indiana Subdivision be accepted by John Galle and Gene Giltner of and the same is hereby accepted. the American Legion Post , 1306 Delhi Street. Section 2. That maintenance of said public Rotary Foundation Group Study Exchange improvements shall be the responsibility of the Days (May 2-6, 2009) was accepted by Geri contractor and owner for a period of two (2) Shafer, 1207 Adeline Street. years from this date. Section 3. That the City Clerk be and is he- CONSENT ITEMS reby authorized and directed to file a certified copy of this resolution in the office of the Re- Motion by Lynch to receive and file the corder in and for Dubuque County, Iowa. documents, adopt the resolutions, and dispose th Passed, approved and adopted this 20 of as indicated. Seconded by Voetberg. Motion day of April, 2009. carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Minutes and Reports Submitted: City Council of 4/6; Civil Service Commission of IDOT Agreement for Traffic Safety Im- 1/30; Historic Preservation Commission of provement Funding: City Manager recom- 3/19; Zoning Advisory Commission of 3/25 and mending approval of the Iowa Department of 4/1; Zoning Board of Adjustment of 3/3 and Transportation Agreement for Traffic Safety 3/26. Upon motion the documents were re- Improvement Funding (Iowa DOT Project No. ceived and filed. CS-TSF-2100(644)--85-31, Agreement No. 2010-TS-018) for the Pennsylvania Avenue Notice of Claims/Suits: City Attorney advis- Improvements Project, IA 32 to Vizaleea Drive. ing that the following claim has been referred Upon motion the documents were received to Public Entity Risk Services of Iowa, the and filed and Resolution No. 122-09 Approving agent for the Iowa Communities Assurance the Iowa Department of Transportation Pool: William Enk for vehicle damage. Upon Agreement for Traffic Safety Improvement motion the document was received, filed, and Funding for the Pennsylvania Avenue from IA concurred. 32 to Vizaleea Drive Safety Improvements (CS-TSF-2100(644)--85-31, Agreement Indiana Subdivision: City Manager recom- #2010-TS-018) was adopted. mending acceptance of the public improve- ments which the developer, KZ Investments, LLC, has recently completed in Indiana Subdi- vision. Upon motion the documents were re- Book 139 Regular Session, April 20, 2009 139 RESOLUTION NO. 122-09 walk Replacement Project. Upon motion the APPROVING THE IOWA DEPARTMENT OF documents were received and filed and Reso- TRANSPORTATION AGREEMENT FOR lution No. 123-09 Adopting the revised final TRAFFIC SAFETY IMPROVEMENT FUND- assessment schedule for the Historic Old Main ING FOR THE PENNSYLVANIA AVENUE Street – Lighting and Sidewalk Replacement FROM IA 32 TO VIZALEEA DRIVE SAFETY Project was adopted. IMPROVEMENTS (CS-TSF-2100(644)--85-31, AGREEMENT #2010-TS-018) RESOLUTION NO. 123-09 ADOPTING THE REVISED FINAL ASSESS- Whereas, the Iowa Department of Trans- MENT SCHEDULE FOR THE HISTORIC OLD portation (Iowa DOT) has made funds availa- MAIN STREET – LIGHTING AND SIDEWALK ble for the Pennsylvania Avenue from IA 32 to REPLACEMENT PROJECT Vizaleea Drive Safety Improvements Project; and NOW, THEREFORE, BE IT RESOLVED Whereas, Pennsylvania Avenue from IA 32 BY THE CITY COUNCIL OF THE CITY OF to Vizaleea Drive Safety Improvements Project DUBUQUE, IOWA: includes: conversion of Pennsylvania Avenue After full consideration, the Revised Final to a three-lane section from 100 feet west of Schedule of Assessments as shown on the Vizaleea Drive to Alicia Street; addition of five attached sheet(s), Page 1 to Page 2 inclusive, school zone flashing beacons; a signalized is hereby approved for the Historic Old Main overhead mast arm crosswalk with countdown Street – Lighting and Sidewalk Replacement and fencing on the west side of Hempstead Project. High School near the bus lane; addition of There is hereby assessed and levied as a three pedestrian traffic signal heads; widening special tax against and upon each of the bene- the offset bus lane exit and adding vehicle fited properties, the respective sums indicated. detection; upgrade of existing traffic signals The amounts shown in said Revised Final with ITS control cabinet and interconnect; and Schedule of Assessments as deficiencies are addition of a 300- to 400-foot right-turn lane on found to be proper and levied conditionally the westbound approach at the high school against the respective properties benefited by parking lot entrance; and the improvements as shown in the Final Sche- Whereas, the Traffic Safety Improvement dule of Assessments, subject to the provisions Funds will be required to complete said Penn-of Iowa Code § 384.63. Said assessments sylvania Avenue from IA 32 to Vizaleea Drive against said lots are hereby declared to be in Safety Improvements Project; and proportion to the special benefits conferred NOW THEREFORE, BE IT RESOLVED and not in excess of twenty-five percent of the BY THE CITY COUNCIL OF THE CITY OF value of same. DUBUQUE, IOWA: The City Clerk be and is hereby directed to Section 1. That said Iowa Department of certify the Revised Final Schedule of Assess- Transportation Agreement for Traffic Safety ments to the County Treasurer of Dubuque Improvement Funding for the Pennsylvania County, Iowa, and to publish notice of said Avenue from IA 32 to Vizaleea Drive Safety certification once each week for two consecu- Improvements Project between the City of tive weeks in the manner provided in Iowa Dubuque and the Iowa Department of Trans-Code § 362.3, the first publication of which portation (CS-TSF-2100(644)--85-31, Agree-shall be not more than fifteen days from the ment 2010-TS-018) be approved. date of filing of the Revised Final Schedule of Section 2. That the City Manager be autho-Assessments. On or before the date of the rized and directed to execute two copies of the second publication of the notice, the City Clerk Iowa Department of Transportation Agreement shall also mail a copy of said notice to property for Traffic Safety Improvement Funding be-owners whose property is subject to assess- tween the City of Dubuque and the Iowa De-ment, as provided in Iowa Code § 384.60. partment of Transportation (CS-TSF-The assessments may be paid in full or in 2100(644)--85-31, Agreement 2010-TS-018) part without interest at the office of the City th for the Pennsylvania Avenue from IA 32 to Treasurer, City Hall, 50 W. 13 Street, Dubu- Vizaleea Drive Safety Improvements Project. que, Iowa, at any time within 30 days after the th Passed, approved and adopted this 20 date of the first notice of the Revised Final day of April, 2009. Schedule of Assessments. Thereafter, unpaid Roy D. Buol, Mayor assessments of $100.00 or more are payable Attest: Jeanne F. Schneider, CMC, City Clerk in 10 annual installments at the County Trea- surer’s Office, Dubuque County Courthouse, Historic Old Main Street – Lighting and Si-720 Central Avenue, Dubuque, Iowa, and will dewalk Replacement Project Assessments: draw annual interest at nine percent (9%) City Manager recommending approval of a computed to December 1 next following the revised schedule of final assessments for the due dates of the respective installments as Historic Old Main Street – Lighting and Side-provided in Section 384.65 of the Code of 140 Regular Session, April 20, 2009 Book 139 Iowa. Each installment will be delinquent from Agreement 09-CATF-025 on behalf of the City October 1 following its due date on July 1 of of Dubuque. th each year. However, when the last day of Sep-Passed, approved and adopted this 20 tember is a Saturday or Sunday, that amount day of April 2009. shall be delinquent from the second business Roy D. Buol, Mayor day of October. Delinquent installments will Attest: Jeanne F. Schneider, CMC, City Clerk draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any Population of Annexed Areas: City Manag- annual installments semi-annually in advance. er recommending that the City certify to the th Passed, approved and adopted this 20 State Treasurer the population of any areas day of April, 2009. annexed since the 2000 Census as required Roy D. Buol, Mayor by Section 312.3(4) of the Code of Iowa. Upon Attest: Jeanne F. Schneider, CMC, City Clerk motion the documents were received and filed. Vision Iowa Board – Community Attraction Revitalize Iowa’s Sound Economy (RISE) and Tourism Agreement: City Manager re-Grant: City Manager recommending approval commending approval of the execution and of a Project Agreement with the Iowa Depart- delivery of a $440,000 Community Attraction ment of Transportation for RISE funding in the and Tourism (CAT) grant agreement with the amount of $285,002 for a new street in the Vision Iowa Board for the E.B. Lyons Interpre-Dubuque Industrial Center West to service the tive Center Expansion. former North Siegert farm area. Upon motion Communication from Andrew Anderson, the documents were received and filed and Vision Iowa Board Chair, advising that the Resolution No. 125-09 Approving an Agree- Vision Iowa Board intends to award the City of ment for RISE funding with the Iowa Depart- Dubuque and the Friends of the Mines of ment of Transportation relating to development Spain a Community Attraction and Tourism of a new street in the Dubuque Industrial Cen- Grant of $440,000 on behalf of the E.B. Lyons ter West was adopted. Interpretive Center Expansion Project. RESOLUTION NO. 125-09 Upon motion the documents were received APPROVING AN AGREEMENT FOR R.I.S.E. and filed and Resolution No. 124-09 Authoriz- FUNDING WITH THE IOWA DEPARTMENT ing execution of CAT Grant Agreement for OF TRANSPORTATION RELATING TO DE- E.B. Lyons Interpretive Center Expansion VELOPMENT OF A NEW STREET IN THE Project was adopted. DUBUQUE INDUSTRIAL CENTER WEST . RESOLUTION NO. 124-09 Whereas, the City of Dubuque has devel- AUTHORIZING EXECUTION OF CAT oped plans for the construction of a street to GRANT AGREEMENT FOR E. B. LYONS serve the former North Siegert Farm area in INTERPRETIVE CENTER EXPANSION the Dubuque Industrial Center West; and PROJECT. Whereas, the City has requested funding Whereas, the Vision Iowa Board has under the State of Iowa’s R.I.S.E. (Revitalize awarded a $440,000 Community Attraction Iowa’s Sound Economy) program; and and Tourism (CAT) grant jointly to the City of Whereas, the City’s application was ap- Dubuque and the Friends of the Mines of proved by order of the Transportation Com- Spain for the E. B. Lyons Interpretive Center mission on March 10, 2009; and Expansion Project; and Whereas, the Iowa Department of Trans- Whereas, the City of Dubuque has identi-portation has prepared and submitted for City fied the expansion of this City-owned facility as Council approval an Agreement relating to the a community priority; and R.I.S.E. grant, a copy of which is attached Whereas, the Friends of the Mines of hereto and by this reference made a part he- Spain, a non-profit corporation, has committed reof; and to securing all other funding sources for the Whereas, the City Council finds that the project and has signed the CAT grant agree-proposed agreement is acceptable and neces- ment. sary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. The City Council does hereby Section 1. That the Iowa Department of authorize execution and delivery of the CAT Transportation Agreement for R.I.S.E. Fund- Grant Agreement 09-CATF-025 and all re-ing, Agreement No. RM-2100 (647)-9D-31, is quired supporting documentation for the E. B. hereby approved. Lyons Interpretive Center Expansion Project. Section 2. That the Mayor and City Clerk Section 2. The City Council does hereby are hereby authorized and directed to execute authorize the Mayor to sign the CAT Grant two copies of the Agreement on behalf of the Book 139 Regular Session, April 20, 2009 141 City of Dubuque and forward the executed a first offense alcohol civil penalty hearing re- copies to the Iowa Department of Transporta-garding Tott’s Tap, 3457 Jackson Street, for tion for their approval. May 4, 2009 concerning their December 18, th Passed, approved and adopted this 20 2008 alcohol violation. Upon motion the docu- day of April, 2009. ments were received, filed, and approved. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager Certificate of Completion – Port of Dubu-recommending approval of the submission of que Adams Development, LLC: City Manager delinquent water, sewer, refuse and stormwa- recommending approval of the issuance of a ter collection accounts to the Dubuque County Certificate of Completion for Port of Dubuque Treasurer. Upon motion the documents were Adams Development, LLC in the Dubuque received and filed and Resolution No. 126-09 Industrial Center West acknowledging comple-Adopting the schedule of assessments for tion of their obligations to construct Minimum delinquent water, sewer, refuse and stormwa- Improvements as stipulated in the Develop-ter accounts and directing the City Clerk to ment Agreement. Upon motion the documents certify the schedule of assessments to the were received, filed, and approved. County Treasurer and to publish notice the- reof. Millwork District Energy Plan: City Manager RESOLUTION NO. 126-09 recommending approval of the selection of the ADOPTING THE SCHEDULE OF ASSESS- consultant for the Millwork District Energy MENTS FOR DELINQUENT WATER, SEW- Plan. Upon motion the documents were re- ER, REFUSE AND STORMWATER AC- ceived, filed, and approved. COUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF Environmental Stewardship Advisory ASSESSMENTS TO THE COUNTY TREA- Commission: Communication from Wayne SURER AND TO PUBLISH NOTICE THE- Klostermann, Chair of the Environmental Ste- REOF wardship Advisory Commission, regarding methane gas. Upon motion the document was NOW, THEREFORE, BE IT RESOLVED received and filed. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Fiscal Year 2009 COPS Secure Our That after full consideration of the Sche- Schools Grant Application: City Manager re-dule of Assessments attached hereto for de- commending approval of the submittal of a linquent water, sewer, refuse, and stormwater Fiscal Year 2009 Community Oriented Policing accounts which Schedule of Assessments was Secure our Schools Grant application for the filed in the office of the City Clerk on the 14th purpose of obtaining grant funding for school day of April, 2009, the said Schedule of As- security measures. Upon motion the docu-sessments be and the same is hereby ap- ments were received, filed, and approved. proved and adopted. That there be, and is herby assessed and Tobacco Compliance – Civil Penalties for levied as a lien upon the real property, the Tobacco License Holders: City Manager re-respective sums indicated. commending approval of the Acknowledge-That the City Clerk be and is hereby di- ment/Settlement Agreement for a first offense rected to certify said schedule to the County tobacco compliance violation for HIBA Petro-Treasurer of Dubuque County, Iowa, and to leum (Clarke of Dubuque), 700 Rhomberg publish notice of said certification once each Avenue. Upon motion the documents were week for two consecutive weeks in the manner received, filed, and approved. provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen Alcohol Compliance – Civil Penalties for days from the date of filing of the final sche- Alcohol License Holders: City Manager re-dule. On or before the date of the second pub- commending approval of the Acknowledge-lication of the notice, the City Clerk shall also ment/Settlement Agreements for a first offense mail a copy of said notice to property owners alcohol compliance violation for House of Chi-whose property is subject to assessment, as na, 170 John F. Kennedy Road and Apple-provided and directed in Iowa Code § 384.60. bee’s Neighborhood Grill and Bar, 1395 Asso-The assessments may be paid in full or in ciates Drive, acceptance and approval of the part without interest at the Utility Billing Office, th payment and the Acknowledge-City Hall, 50 W. 13 Street, Dubuque, Iowa, at ment/Settlement Agreement when it is re-any time within 30 days after the date of the ceived for a first offense alcohol compliance first publication of the notice of the filing of the violation for HIBA Petroleum (Clarke of Dubu-Schedule of Assessments with the County que), 700 Rhomberg Avenue, and to schedule Treasurer. After 30 days, unpaid assessments 142 Regular Session, April 20, 2009 Book 139 are payable at the County Treasurer’s Office, PEG Capital Grant Expenditure Request: Dubuque County Courthouse, 720 Central City Manager recommending approval of a Avenue, Dubuque, Iowa, and charges shall be request from Wahlert High School and Media- collected in the same manner as general com for funding from the Capital Grant for property taxes against the respective parcels Access Equipment and Facilities. Upon motion of the property set opposite the name of the the documents were received, filed, and ap- property owner. proved. Passed, approved and adopted this 20th day of April, 2009. Fiscal Year 2010 Community Development Roy D. Buol, Mayor Block Grant Program: City Manager recom- Attest: Jeanne F. Schneider, CMC, City Clerk mending approval of the publication of a No- tice of Intent to Request Release of Funds for Request for Proposals – Procurement Card Community Development Block Grant (CDBG) Services: City Manager recommending ap-program activities. Upon motion the docu- proval of the issuance of a Request for Pro-ments were received and filed and Resolution posals for implementing a Procurement Card No. 127-09 Authorizing publication of a Notice Program. Upon motion the documents were of Intent to Request Release of Funds for cer- received, filed, and approved. tain Community Development Block Grant Projects for Fiscal Year 2010 (Program Year Dubuque Water Ski Club: City Manager re-2009) was adopted. commending approval of the annual lease with RESOLUTION NO. 127-09 the Dubuque Water Ski Club for a section of AUTHORIZING PUBLICATION OF A NOTICE Schmitt Island. Upon motion the documents OF INTENT TO REQUEST RELEASE OF were received, filed, and approved. FUNDS FOR CERTAIN COMMUNITY DE- VELOPMENT BLOCK GRANT PROJECTS Health Alert Network (HAN) Memorandum FOR FISCAL YEAR 2010 (PROGRAM YEAR of Understanding Agreement: City Manager 2009) recommending approval of a Memorandum of Understanding (MOU) for continued use of the Whereas, the City of Dubuque will enter in- Health Alert Network (HAN) portal system with to a Grant Agreement for the Fiscal Year the Iowa Department of Public Health. Upon commencing July 1, 2009, with the U.S. De- motion the documents were received, filed, partment of Housing and Urban Development, and approved. providing for financial assistance to the City under Title I of the Housing and Community Intergovernmental Agreement – City of Development Act of 1974, as amended; and East Dubuque, Illinois: City Manager recom-Whereas, pursuant to the rules and regula- mending approval of a 28E Intergovernmental tions as promulgated by the U.S. Department Agreement between the City of Dubuque and of Housing and Urban Development, an envi- the City of East Dubuque, Illinois for bus ser-ronmental review has been processed for the vice. Upon motion the documents were re-hereinafter listed projects to be financed with ceived, filed, and approved. Community Development Block Grant funds; and Every Child/Every Promise Quarterly Re-Whereas, a notice of "Intent to Request port: Mae Hingtgen submitting the Every Child Release of Funds" for said projects will be sent / Every Promise Quarterly Report. Upon mo-by regular mail to various tribal, federal, state tion the document was received and filed. and local public agencies; to the appropriate Regional Office of the Environmental Protec- Iowa Department of Natural Resources: tion Agency, to the HUD Field Office and to the Communication from the Iowa Department of local news media, individuals and groups Natural Resources regarding the Dubuque known to be interested and believed to be ap- Wastewater Treatment Plant Facility inspec-propriate to receive such a notice; and tion. Upon motion the documents were re-Whereas, any and all comments received ceived and filed. as a result of such notice will be duly consi- dered before proceeding with a Request for Neighborhood Stabilization Program: Release of Funds and Certification. Communication from Michael Tramontina, NOW, THEREFORE, BE IT RESOLVED Iowa Department of Economic Development, BY THE CITY COUNCIL OF THE CITY OF advising that the City of Dubuque has been DUBUQUE, IOWA: awarded a grant in the amount of $444,328.00 Section 1. That the City Clerk be and is he- for the Neighborhood Stabilization Program. reby authorized and directed to publish a No- Upon motion the document was received and tice of Intent to Request Release of Funds for filed. the following identified projects and to make the Environmental Review Record for said Book 139 Regular Session, April 20, 2009 143 projects available for public inspection and tection Act, insofar as the provisions of the comment until 5:00 p.m. on May 4, 2009. Such said Act apply to the U.S. Department of Hous- notice shall be in the form of Exhibit "A" at-ing and Urban Development responsibilities for tached hereto and made a part hereof. review, decision making, and action assumed Community Development Block Grant An-and carried out by the City of Dubuque as to nual Plan Projects Fiscal Year 2010 (Program environmental issues. Year 2009) Section 5. That the Mayor of the City of Housing Programs: First Time Home Buyer Dubuque is hereby authorized to consent per- Program; Homeowner Rehabilitation (Opera-sonally, in his official capacity and on behalf of tion: Paintbrush; Operation Upkeep; Residen-the City of Dubuque, to accept the jurisdiction tial Rehabilitation Loan Program; Sewer Con-of the federal courts if an action is brought to nection Loan); Housing Administration Servic-enforce responsibilities in relation to environ- es and Staff; Housing Code Enforcement; mental review, decision-making and action. Housing Rehabilitation Services and Staff; Section 6. That the Mayor of the City of Lead Paint Hazard Abatement Project; Rental Dubuque is and he is hereby authorized and Unit Rehabilitation (Emergency Code En-directed to execute a Request for Release of forcement Loan Program; Moderate Income Funds and Certification. th Rental Rehab Loan Program; Accessibility Passed, approved and adopted this 20 Rehab; Single Room Occupancy Rehab); day of May 2009. Economic Development Programs: Com-Roy D. Buol, Mayor mercial Industrial Building Rehab and Revolv-Attest: Jeanne F. Schneider, CMC, City Clerk ing Loan Fund; Economic Development Finan- cial Assistance Program and Revolving Loan Iowa Department of Transportation: Com- Fund munication from the Iowa Department of Neighborhood and Community Develop-Transportation (IDOT) advising that they pro- ment Programs: Accessible Curb Ramps; pose to let a deck joint repair project on U.S. th Child Care Resource and Referral; Dubuque 61, U.S. 151, U.S. 52, ICE Railroad and 9 Dispute Resolution Center; Information and Street. Upon motion the document was re- Referral Service; Leadership Training; Neigh-ceived and filed. borhood Development Services and Staff; Neighborhood Support Grants; Neighborhood Legislative Correspondence: City Manager Infrastructure Improvements (Neighborhood communication to local legislators regarding Street Overlays; Neighborhood Sidewalk Pro-the proposed amendments to Chapter 411 and gram; Neighborhood Step/Wall Repair); urging that this legislation not be enacted. Neighborhood Recreation Program; Neighbor-Upon motion the documents were received hood Support Grants; Opening Doors; Senior and filed. Center; Washington Tool Library; Zoning In- spection/ Enforcement Friends of the Mines of Spain: Communi- Planning and Administration: CDBG Ad-cation from Douglas Olk, Friends of the Mines ministration Services and Staff; Finance Ser-of Spain, requesting that the City consider vices and Staff; City Planning making a $125,000 commitment toward the No funds will be committed prior to comple-building project at the E.B. Lyons Interpretive tion of a review for other related laws of 24 Center. Upon motion the documents were re- CFR 58.5, including Section 106, for site-ceived and filed and referred to the City Man- specific projects that are currently unidentified. ager. Section 2. That the environmental review record for each of the projects shall be placed Mystique Casino – Fireworks Display: on file in the Office of the Housing and Com-Communication from Jesús Avilės requesting th munity Development Department, 350 West 6 approval to use City property for a fireworks Street, Suite 312, Dubuque Iowa where said display on June 6, 2009 in celebration of the th record may be examined and copied by any 25 anniversary of racing at Dubuque Grey- interested party. hound Park. Upon motion the document was Section 3. That the Mayor of the City of received, filed, and approved. Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Amendment to Development Agreement – Urban Development seven (7) days after pub-Dubuque Initiatives: City Manager recom- lication of appropriate notice a Request for mending approval of an amendment to the Release of Funds to undertake the said Development Agreement with Dubuque Initia- projects. tives to facilitate the use of new market and Section 4. That the Mayor of the City of historic tax credits in connection with the rede- Dubuque is hereby authorized to consent to velopment of the Roshek Building. Upon mo- assume the status of a responsible federal tion the documents were received and filed official under the National Environmental Pro-and Resolution No. 128-09 Approving an 144 Regular Session, April 20, 2009 Book 139 amendment to the Development Agreement 129-09 Approving the Plat of Survey of River- between the City of Dubuque, Iowa and Dubu-walk Ninth Addition was adopted. que Initiatives was adopted. RESOLUTION NO. 129-09 RESOLUTION NO. 128-09 APPROVING THE PLAT OF SURVEY OF APPROVING AN AMENDMENT TO THE DE-RIVERWALK NINTH ADDITION IN THE CITY VELOPMENT AGREEMENT BETWEEN THE OF DUBUQUE, IOWA. CITY OF DUBUQUE, IOWA AND DUBUQUE Whereas, there has been filed with the City INITIATIVES Clerk a Plat of Survey of Riverwalk Ninth Addi- WHEREAS, the City of Dubuque, Iowa tion in the City of Dubuque, Iowa, and; (“City”) and Dubuque Initiatives (“Developer”) Whereas, upon said Plat of Survey ap- are parties to a Development Agreement dated pears streets to be known as East Fifth Street February 17, 2009 (the "Original Agreement") (Lot A and Lot B) and Bell Street (Lot C and relating to the redevelopment of the Roshek Lot D), together with certain public utility and Building located generally at 700 Locust Street visibility corridor easements, which the owner, in the City (defined in the Original Agreement by said plat of survey, has dedicated to the as the "Property"); and public forever; and WHEREAS, Section 2.1 of the Original Whereas, said Plat of Survey has been ex- Agreement obligates the Developer to under-amined by the Zoning Advisory Commission take the construction of certain Minimum Im-and had its approval endorsed thereon; and provements (as defined in the Original Agree-Whereas, said Plat of Survey has been ex- ment) on the Property; and amined by the City Council and they find that it WHEREAS, Section 3.3 of the Original conforms to the statutes and ordinances relat- Agreement obligates the City to provide a ing to it. guarantee of certain indebtedness to be in-NOW, THEREFORE, BE IT RESOLVED curred by Developer in connection with the BY THE CITY COUNCIL OF THE CITY OF construction by Developer of said Minimum DUBUQUE, IOWA: Improvements; and Section 1. That the dedication of East Fifth WHEREAS, the City and the Developer Street (Lot A and Lot B) and Bell Street (Lot C desire to amend the Original Agreement so as and Lot D), and the easements for public utili- to facilitate the use of new market and historic ties and visibility corridor as they appear upon tax credits in connection with the redevelop-said Plat of Survey, be and the same are he- ment of the Roshek Building, which require the reby accepted; and creation of certain intermediary parties by the Section 2. That the Plat of Survey of Ri- Developer and the extension of the City’s verwalk Ninth Addition is hereby approved and guarantee of indebtedness to said interme-the Mayor and City Clerk are hereby autho- diary parties. rized and directed to endorse the approval of NOW, THEREFORE, BE IT RESOLVED the City of Dubuque, Iowa, upon said Plat of BY THE CITY COUNCIL OF THE CITY OF Survey. th DUBUQUE, IOWA, AS FOLLOWS: Passed, approved and adopted this 20 Section 1. The Amendment to Develop-day of April 2009. ment Agreement attached hereto is hereby Roy D. Buol, Mayor approved and the Mayor is authorized and Attest: Jeanne F. Schneider, CMC, City Clerk directed to sign the Amendment on behalf of the City of Dubuque. National Preservation Month Photographs: Section 2. All other provisions of the Origi-Communication from the Historic Preservation nal Agreement are hereby ratified, confirmed Commission requesting each City Council and approved. Member to pose for a picture in front of their th Passed, approved and adopted this 20 favorite historic building or site in Dubuque. day of April, 2009. Upon motion the document was received and Roy D. Buol, Mayor filed. Attest: Jeanne F. Schneider, CMC, City Clerk Federal Emergency Management Agency: Internal Revenue Service Audit: City Man-Notification from the U.S. Department of Ho- ager transmitting information about the Janu-meland Security’s Federal Emergency Man- ary 21, 2009 IRS Audit. Upon motion the doc-agement Agency (FEMA) announcing that the uments were received and filed. City of Dubuque will receive $1,435,688 for the North Fork Catfish Creek Project. Upon motion Riverwalk Ninth Addition – Plat of Survey: the document was received and filed. Zoning Advisory Commission recommending approval of the Plat of Survey of the Riverwalk Letter of Support for Silos and Smoke- Ninth Addition. Upon motion the documents stacks Grant Application: City Manager re- were received and filed and Resolution No. commending approval of City support of a Book 139 Regular Session, April 20, 2009 145 RESOLUTION NO. 131-09 Friends of the Mines of Spain State Recreation Area grant application to the Silos and Smoke-Whereas, applications for Liquor Licenses stacks National Heritage Area. Upon motion have been submitted to this Council for ap- the documents were received, filed, and ap-proval and the same have been examined and proved. approved; and Whereas, the premises to be occupied by Contracts Signed by the City Manager: such applicants were inspected and found to Mediacom Commercial Service Agreement. comply with the State Laws and all City Ordin- Upon motion the document was received and ances relevant thereto and they have filed filed. proper bonds. NOW, THEREFORE, BE IT RESOLVED Liquor License Applications: City Manager BY THE CITY COUNCIL OF THE CITY OF recommending approval of annual liquor li-DUBUQUE, IOWA: cense renewals as submitted. Upon motion the That the Manager be authorized to cause documents were received and filed and Reso-to be issued the following named applicants a lution No. 130-09 Granting the issuance of a Liquor License. Class “B” Beer Permit to Panchero’s and a CLASS “A” (CLUB) LIQUOR LICENSE Class “C” Beer Permit to Tobacco Outlet #542, DBQ Lodge #355 Order of Moose, DBQ Ron’s Discount Smokes, and Hartig Drug Lodge #355+(Sunday Sale), 2635 Windsor Company; and Resolution No. 131-09 Grant-CLASS “C” BEER/ LIQUOR LICENSE ing the issuance of a Class “A” (Club) Liquor Aramark Educational Service, Loras Col- License to DBQ Lodge #355; Class “C” lege+(Sunday Sale), 1450 Alta Vista Beer/Liquor License to Loras College, West Donna & Geneva Ginter, West Dubuque Dubuque Tap, Lot One, The Hub, Knights of Tap+(Sunday Sale), 1701 Asbury Road Columbus #510, Whiskey River, and Sublime; Lot One LLC, Lot One+(Sunday Sale), 100 a Special Class “C” (BW) Liquor License (5-Main Street Day Special Event) to Dubuque Jaycees; a The Hub on Main, Inc., The Hub +(Sunday Class “B” Wine Permit to Hartig Drug Compa-Sale), 252 Main Street ny; and a Class “B” Native Wine Permit to Knight of Columbus Council, Knights of Flowers on Main were adopted. Columbus#510+(Sunday Sale), 781 Locust Street RESOLUTION NO. 130-09 Chad Streff, Whiskey River+(Sunday Whereas, applications for Beer Permits Sale), 1064 University Avenue have been submitted and filed to this Council Club Sublime, Sublime+(Sunday Sale), for approval and the same have been ex-3203 Jackson Street amined and approved: and SPECIAL CLASS “C”(BW) LIQUOR LICENSE Whereas, the premises to be occupied by (5-DAY SPECIAL EVENT) such applicants were inspected and found to Dubuque Jaycees, Dubuque Jaycees comply with the Ordinances of the City and +(Sunday Sale), Town Clock have filed proper bonds. CLASS “B” WINE NOW, THEREFORE, BE IT RESOLVED Hartig Drug Co., Hartig Drug Co., 2255 BY THE CITY COUNCIL OF THE CITY OF JFK Road DUBUQUE, IOWA: CLASS “B” NATIVE WINE PERMIT (WBN) That the Manager be authorized to cause Rinda Wolff, Flowers on Main, 372 Main to be issued the following named applicants a Street Beer Permit. Passed, approved and adopted this 20th CLASS “B” BEER PERMIT day of April, 2009 Central Coast Hospitality, Panchero’s Roy D. Buol, Mayor +(Sunday/Outdoor Sale), 4840 Asbury Road Attest: Jeanne F. Schneider, CMC, City Clerk CLASS “C” BEER PERMIT ITEMS TO BE SET FOR Kwik Trip Inc., Tobacco Outlet PUBLIC HEARING #540+(Sunday Sale), 806 Wacker Drive RKM, LLC, Ron’s Discount Smokes +(Sunday Sale), 1450 Loras Blvd. Motion by Lynch to receive and file the Hartig Drug Inc., Hartig Drug Co. +(Sunday documents, adopt the resolutions, set the pub- Sale), 2255 JFK Road lic hearings as indicated, and direct the City th Passed, approved and adopted this 20 Clerk to publish notice as prescribed by law. day of April, 2009. Seconded by Jones. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Kephart Building Roofing Project: City Manager recommending initiation of the public bidding process for the Kephart Building Roof- ing Project and that a public hearing be set for 146 Regular Session, April 20, 2009 Book 139 th May 4, 2009. Upon motion the documents before 2:00 p.m. on the 28 day of April, 2009. were received and filed and Resolution No. Bids shall be opened and read by the City 132-09 Preliminary approval of plans, specifi-Clerk at said time and will be submitted to the cations, form of contract, and estimated cost; City Council for final action at 6:30 p.m. on the th setting date of public hearing on plans, specifi-4 day of May, 2009, in the Historic Federal cations, form of contract, and estimated cost; Building Council Chambers (second floor), 350 th and ordering the advertisement for bids for the West 6 Street, Dubuque, Iowa. th Kephart Building Roofing Project was adopted Passed, adopted and approved this 20 setting a public hearing for a meeting to com-day of April, 2009. mence at 6:30 p.m. on May 4, 2009 in the His-Roy D. Buol, Mayor toric Federal Building. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 132-09 Fiscal Year 2009 Second Budget Amend- KEPHART BUILDING ROOF ment: City Manager recommending that a pub- REPLACEMENT PROJECT lic hearing be set for May 4, 2009 to consider PRELIMINARY APPROVAL OF PLANS, approval of the Second Amendment to the SPECIFICATIONS, FORM OF CONTRACT, Fiscal Year 2009 Budget. Upon motion the AND ESTIMATED COST; SETTING DATE documents were received and filed and Reso- OF PUBLIC HEARING ON PLANS, SPECI- lution No. 133-09 Setting the date for the pub- FICATIONS, FORM OF CONTRACT, AND lic hearing on Amendment No. 2 to the Fiscal ESTIMATED COST; AND ORDERING THE Year 2009 Budget for the City of Dubuque was ADVERTISEMENT FOR BIDS adopted setting a public hearing for a meeting NOW THEREFORE, BE IT RESOLVED to commence at 6:30 p.m. on May 4, 2009 in BY THE CITY COUNCIL OF THE CITY OF the Historic Federal Building. DUBUQUE, IOWA: RESOLUTION NO.133-09 The proposed plans, specifications, form of SETTING THE DATE FOR THE PUBLIC contract and estimated cost for the Kephart HEARING ON AMENDMENT NO. 2 TO THE Building Roofing Project, in the estimated FISCAL YEAR 2009 BUDGET FOR THE amount $75,000, are hereby preliminarily ap- CITY OF DUBUQUE proved and ordered filed in the office of the City Clerk for public inspection. Whereas, Iowa Code Section 384.16 pro- th A public hearing will be held on the 4 day vides that the City Council shall set a time and of May, 2009, at 6:30 p.m. in the Historic Fed-place for a public hearing on amendments to eral Building Council Chambers at which time the budget and publish notice before the hear- interested persons may appear and be heard ing as provided in Iowa Code Section 362.3. for or against the proposed plans and specifi-NOW THEREFORE, BE IT RESOLVED cations, form of contract and estimated cost of BY THE CITY COUNCIL OF THE CITY OF said Project, and the City Clerk be and is he-DUBUQUE, IOWA: reby directed to cause the attached notice of Section 1. That the City Council shall con- the time and place of such hearing to be pub-duct a public hearing on proposed Amendment lished in a newspaper having general circula-No. 2 to the Fiscal Year 2009 budget for the tion in the City of Dubuque, Iowa, which notice City of Dubuque at the City Council Chambers shall be published not less than four days nor at the Historic Federal Building, 350 West 6th more than twenty days prior to the date of Street, Dubuque, Iowa, on Monday, May 4, such hearing. At the hearing, any interested 2009, beginning at 6:30 p.m. person may appear and file objections to the Section 2. That the City Clerk be and is he- proposed plans, specifications, form of con-reby authorized and directed to publish notice tract, or estimated cost of the Project. of the public hearing, according to law, togeth- The Kephart Building Roofing Project is he-er with the required budget information. th reby ordered to be advertised for bids for con-Passed, approved and adopted this 20 struction. day of April 2009. The amount of the security to accompany Roy D. Buol, Mayor each bid shall be in an amount which shall Attest: Jeanne F. Schneider, CMC City Clerk conform to the provisions of the Notice to Bid- PUBLIC HEARINGS ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im-Upon motion the rules were suspended al- provements herein provided, by publishing the lowing anyone present to address the City attached Notice to Bidders to be published in a Council. newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be Applewood Senior Housing Planned Unit published not less than four but not more than Development District: Proof of publication on forty-five days before the date for filing bids notice of hearing to consider a request from Book 139 Regular Session, April 20, 2009 147 Dan Fitzgerald, Horizon Development Group, copy of which is attached to and made a part to amend the Applewood Senior Housing hereof, is hereby adopted and approved for Planned Unit Development District by rezoning the following described property, to wit: East 1.7 acres from R-1 Single Family Residential 235.04 feet of Lot 1 of 2 SW ¼ SW ¼ Section District to PUD Planned Unit Development 22, T89N, R2E, and to the centerline of the District to allow construction of a three-story, adjoining public right-of-way, all in the City of 43-unit senior apartment residence and Zoning Dubuque, Iowa. Advisory Commission recommending approv-A. Use Regulations. al, with conditions. The following regulations shall Motion by Connors to receive and file the apply to all uses made of land in the documents and that the requirement that a above-described PR Planned Resi- proposed ordinance be considered and voted dential District: on for passage at two Council meetings prior 1. Principal permitted uses to the meeting at which it is to be passed be shall be limited to 43 senior hous- suspended. Seconded by Braig. Horizon De-ing dwelling units. velopment Group representatives Dan Fitzge-2. No secondary or con- rald and Kevin Burrow, 1031 North Edge Trail, tingency uses shall be permitted. Verona, WI, provided a slide presentation of 3. Accessory uses shall their original and modified proposals as pre-include any use customarily inci- sented to the Zoning Advisory Commission. dental and subordinate to the William Wells, 15945 Asbury Road, of Bisping principal use it serves. Realty and Lange Family estate representa-B. Lot and Bulk Regulations. tive, spoke in support of the proposed rezon-Development of land in the PR ing. Planning Services Manager Laura Cars-Planned Residential District shall be tens provided a staff report. Motion carried 7-0 regulated as follows: Motion by Connors for final consideration 1. Building #3 shall be lo- and passage of Ordinance No. 19-09 Amend-cated in substantial conformance ing Appendix A (the Zoning Ordinance) of the with the approved conceptual de- City of Dubuque Code of Ordinances by rec-velopment plan. lassifying property located at the 3225 Penn-2. Building #3 shall have a sylvania Avenue from R-1 Single-Family Resi-minimum 20-foot front yard set- dential District to PUD Planned Unit Develop-back, a 24-foot side yard setback, ment District with a PR Planned Residential and a 76-foot 6-inch rear yard District Designation, and adopting a Concep-setback. tual Development Plan for Applewood Senior 3. Maximum building Housing Phase 3. Seconded by Braig. Motion height of 40 feet shall be allowed carried 7-0. as measured from the first floor elevation of 808 MSL to the peak OFFICIAL PUBLICATION of the roof. The roof shall be built ORDINANCE NO. 19-09 with a roof pitch of 4/12. AMENDING APPENDIX A (THE ZONING C. Performance Standards ORDINANCE) OF THE CITY OF DUBUQUE The development and mainten- CODE OF ORDINANCES BY RECLASSIFY- ance of uses in this PR Planned Res- ING HEREINAFTER DESCRIBED PROPER- idential District shall be regulated as TY LOCATED AT 3225 PENNSYLVANIA follows: AVENUE FROM R-1 SINGLE-FAMILY RESI- 1. Parking Regulations DENTIAL DISTRICT TO PUD PLANNED a. Off-street parking shall UNIT DEVELOPMENT DISTRICT WITH A PR be provided based on the ap- PLANNED RESIDENTIAL DISTRICT DESIG- proved conceptual plan with 10 NATION, AND ADOPTING A CONCEPTUAL spaces provided in front of the DEVELOPMENT PLAN FOR APPLEWOOD building and 42 spaces in un- SENIOR HOUSING PHASE III. derground parking. NOW, THEREFORE, BE IT ORDAINED b. All vehicle-related fea- BY THE CITY COUNCIL OF THE CITY OF tures shall be surfaced with ei- DUBUQUE, IOWA: ther asphalt or concrete. Section 1. That Appendix A (The Zoning c. Curbing and proper sur- Ordinance) of the City of Dubuque Code of face drainage of storm water Ordinances is hereby amended by reclassify-shall be provided. ing the hereinafter-described property from R-d. All parking and loading 1 Single-Family Residential District to PUD spaces shall be delineated on Planned Unit Development District with a PR the surfacing material by Planned Residential District designation, and painted stripes or other perma- adopting a conceptual development plan, a nent means. 148 Regular Session, April 20, 2009 Book 139 e. The number, size and subsurface conveyance(s) of design of parking spaces shall storm water from the lot to exist- be governed by applicable pro-ing storm sewers or to flow line of visions of City of Dubuque Or-open drainageways outside the lot dinances enforced at the time of in a means that is satisfactory to development of the lot. the City of Dubuque. Other appli- f. The number, size, de-cable regulations enforced by the sign, and location of parking City of Dubuque relative to storm spaces designated for persons water management and drainage with disabilities shall be accord-shall apply to the subject property. ing to the local, state, or federal 5. Exterior Trash Collection requirements in effect at the Areas time of development. a. The storage of trash 2. Site Lighting and debris shall be limited to a. Exterior illumination of that produced by the principal site features shall be limited to permitted use and accessory the illumination of the following: uses of the lot. i. Parking areas, b. All exterior trash collec- driveways and loading tion areas and the materials facilities. contained therein shall be vi- ii. Pedestrian sually screened from view. The walkway surfaces and screening shall be completely entrances to building. opaque fence, wall or other fea- iii. Building exte-ture not exceeding a height of rior. 10 feet measured from the b. Location and Design ground level outside the line of i. No light source the screen. Screens built on shall provide illumina-sloping grades shall be stepped tion onto adjacent lots, so that their top line shall be ho- buildings or streets in rizontal. Exposed materials excess of 1.0 foot can-used to construct the opaque dle. screen shall be similar in ap- ii. All exterior pearance to materials used for lighting luminaries shall exterior building walls. All exte- be designed and in-rior entrances to a screened stalled to shield light trash area shall be provided with from the luminaries at a gate or door of similar design angles above 72-to that of the screen. degrees from vertical. If a 10-foot high screen fails iii. Fixtures to shield the exterior trash collec- mounted on a building tion area from view from points shall not be positioned inside or outside of the property, higher than the roofline evergreen plantings may be re- of the building. quired in addition to the screen- iv. All electrical ing. Evergreen plant materials service lines to posts shall be selected and designed and fixtures shall be so that they will screen the area underground and con-from all off-site visibility within cealed inside the posts. five (5) years. 3. Landscaping 6. Final site development Two staggered, parallel lines plans shall be submitted in accor- of American Arborvitae shall be dance with Section 4-4 of the Zoning planted along the entire length of Ordinance prior to construction of any the north property line to act as a buildings. vegetative screen. The American D. Open Space and Recreation Areas Arborvitae shall be a minimum of Open space and landscaping in six (6) feet in height at planting the PR Planned Residential District and spaced eight (8) feet apart shall be regulated as follows. Those and eight (8) feet separating the areas not designated on the concep- two parallel rows. tual development plan shall be main- 4. Storm Water Conveyance tained as open space, as defined by The developer shall be re-Section 8 of the Zoning Ordinance of sponsible for providing surface or the City of Dubuque, Iowa, by the Book 139 Regular Session, April 20, 2009 149 property owner and/or association. law. th E. Sign Regulations Passed, approved and adopted this 20 1. Signs in the Planned day of April, 2009. Residential District shall be regu-/s/Roy D. Buol, Mayor lated in accordance with the R-4 Attest: Multi-Family Residential Zoning /s/Jeanne F. Schneider, CMC, City Clerk District sign regulations of the Published officially in the Telegraph Herald th Zoning Ordinance. Newspaper the 27 day of April, 2009. 2. Variance requests from /s/Jeanne F. Schneider, CMC, City Clerk sign requirements for size, num- ber and height shall be reviewed Hillcrest Family Services ID Institutional by the Zoning Board of Adjust-District: Proof of publication on notice of hear- ment in accordance with Section ing to consider a request from Gary Ganse- 5-3 of the Zoning Ordinance. mer, Hillcrest Family Services, to amend the F. Other Codes and Regulations Hillcrest Family Services ID Institutional Dis- 1. Service Lines. All elec-trict to permit the continued use of a portable tric, telephone, cable, or other classroom and Zoning Advisory Commission similar utility lines serving the recommending approval. building and other site features Motion by Jones to receive and file the shall be located underground. documents and that the requirement that a 2. The use of semi-trailers proposed ordinance be considered and voted and shipping containers for sto-on for passage at two Council meetings prior rage is prohibited. to the meeting at which it is to be passed be 3. These regulations do suspended. Seconded by Lynch. Gary Gans- not relieve the owner from other mer, 2223 Aspen Drive, spoke in support of applicable city, county, state or the request citing a continued need for the federal codes, regulations, laws unit. Planning Services Manager Laura Cars- and other controls relative to the tens provided a staff report. Responding to planning, construction, operation questions by City Council, Zoning Advisory and management of property with-Commission Chairperson Jeff Stiles stated that in the city of Dubuque. the Commission preferred to see a permanent G. Transfer of Ownership structure but would approve the amendment Transfer of ownership or lease of despite the age of the unit. Motion carried 7-0. property in this PR Planned Residen-Motion by Jones for final consideration and tial District shall include the transfer passage of Ordinance No. 20-09 Amending or lease agreement a provision that Appendix A (the Zoning Ordinance) of the City the purchaser or lessee acknowledg-of Dubuque Code of Ordinances by repealing es awareness of the conditions au-Section 2(D)(2) of Ordinance No. 18-03, and thorizing the establishment of the dis-enacting a new section 2(D)(2) in lieu thereof trict. pertaining to the time limit for use of portable H. Occupancy Permits classrooms at Hillcrest Family Services. No occupancy permit shall be is-Seconded by Voetberg. Motion carried 7-0. sued by the City of Dubuque for OFFICIAL PUBLICATION property included in the subject ORDINANCE NO. 20-09 planned unit development district until AMENDING APPENDIX A (THE ZONING full compliance with this ordinance ORDINANCE) OF THE CITY OF DUBUQUE has been achieved. CODE OF ORDINANCES. BY REPEALING I. Recording SECTION 2(D)(2) OF ORDINANCE NO. 18- A copy of this Ordinance shall be 03, AND ENACTING A NEW SECTION recorded at the expense of the prop- 2(D)(2) IN LIEU THEREOF PERTAINING TO erty owner(s) with the Dubuque coun- THE TIME LIMIT FOR USE OF PORTABLE ty recorder as a permanent record of CLASSROOMS AT HILLCREST FAMILY the conditions accepted as part of this SERVICES reclassification approval. This ordin- ance shall be binding upon the un-Whereas, Ordinance No. 18-03 was dersigned and his/her heirs, succes-adopted on March 17, 2003, by the City Coun- sors and assigns. cil amending the ID Institutional District for Section 2. The foregoing amendment has Hillcrest Family Services; and heretofore been reviewed by the Zoning Advi-Whereas, Hillcrest Family Services has re- sory Commission of the City of Dubuque, quested an amendment to the ID Institutional Iowa. District regulating the time limit for use of the Section 3. The foregoing amendment shall portable classrooms in the ID Institutional Dis- take effect upon publication, as provided by trict. 150 Regular Session, April 20, 2009 Book 139 ACTION ITEMS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Request to Address Council: Communica- Section 1. That Appendix A (the Zoning tion from Terry Driskell, Human Rights Com- Ordinance) of the City of Dubuque Code of mission, to introduce himself to the City Coun- Ordinances is hereby amended by repealing cil. Mr. Driskell was not in attendance. Section 2(D)(2) of Ordinance No. 18-03 and enacting a new Section 2(D)(2) in lieu thereof, Tri-State Trail Vision: Communication from as follows: the Tri-State Trail Vision Board of Directors 2(D)(2): All portable classrooms lo-requesting to address the City Council regard- cated in this ID district shall be re-ing the East – West Corridor Study. Motion by moved by Hillcrest Family Services Connors to receive and file the documents. no later than June 30, 2012. Seconded by Lynch. Tri-State Trail Vision Section 2. The foregoing amendment has President Brian Walsh, 3242 Bittersweet, ex- heretofore been reviewed by the Zoning Advi-pressed concerns regarding the East-West sory Commission of the City of Dubuque, Corridor Study and the perception by the Iowa. study’s consultants resulting from the Novem- Section 3. This Ordinance shall take effect ber 3, 2008 City Council work session that immediately upon publication as provided by they are being prevented from finding cycle law. and hiking solutions through difficult intersec- th Passed, approved and adopted this 20 tions such as Delhi at University and on to day of April, 2009. Clarke Drive. Following discussion, Mayor /s/Roy D. Buol, Mayor Buol reiterated the Council’s direction to con- Attest: sultants to consider any and all options along /s/Jeanne F. Schneider, CMC, City Clerk the entire corridor especially at dangerous Published officially in the Telegraph Herald pinch points as identified in the study and by th Newspaper the 27 day of April, 2009. Mr. Walsh. Mayor Buol also reiterated that /s/Jeanne F. Schneider, CMC, City Clerk while the consultants were asked to be innova- tive and creative, large quantities of property Louise Lane Bridge Reconstruction acquisition would not be feasible, but limited Project: Proof of publication on notice of hear-acquisition might be considered. Motion car- ing to consider the plans, specifications, form ried 7-0. of contract, and estimated cost for the Louise Lane Bridge Reconstruction Project and City Historic Preservation Commission: Com- Manager recommending approval. Motion by munication from the Historic Preservation Connors to receive and file the documents and Commission recommending approval of a re- adopt Resolution No. 134-09 Approving plans, quest from the Four Mounds Foundation for specifications, form of contract, and estimated Historic District Public Improvement Project cost for the Louise Lane Bridge Reconstruction funds to assist with a portion of the architec- Project. Seconded by Lynch. Motion carried 7-0. tural fees to design and site a visitor station at Four Mounds. Motion by Connors to receive RESOLUTION NO. 134-09 and file the documents and approve the rec- APPROVAL OF PLANS, SPECIFICATIONS, ommendation. Seconded by Braig. Motion FORM OF CONTRACT, AND ESTIMATED carried 7-0. COST FOR THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT North Fork Trails – Final Plat: City Manag- NOW THEREFORE, BE IT RESOLVED er recommending approval of the final plat of BY THE CITY COUNCIL OF THE CITY OF North Fork Trails. Motion by Braig to receive DUBUQUE, IOWA: and file the documents and adopt Resolution That the proposed plans, specifications, No. 135-09 Authorizing approval of the final form of contract and estimated cost for the plat of North Fork Trails in the City of Dubu- Louise Lane Bridge Reconstruction Project, in que, Iowa. Seconded by Voetberg. Motion the estimated amount $284,000.00, are hereby carried 7-0. approved. th RESOLUTION NO. 135-09 Passed, adopted and approved this 20 AUTHORIZING APPROVAL OF THE FINAL day of April, 2009. PLAT OF NORTH FORK TRAILS IN THE Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, there has been filed with the City Upon motion the rules were suspended li-Clerk a Final Plat of North Fork Trails in the miting discussion to the City Council. City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Keymont Drive (Lot B), Book 139 Regular Session, April 20, 2009 151 together with certain public utility, storm sewer, the sole final expense of the owners, or future and sanitary sewer easements, and park land owner; (Lot A), which the owners by said final plat (e) To maintain the street, except for have dedicated to the public forever; and snow removal and deicing, until 80% (7 lots) of Whereas, the preliminary plat has been the lots are improved. Maintenance will consist examined by the Zoning Advisory Commission of routine inspections, sweeping and/or va- and had its approval endorsed thereon; and cuuming any sediment from the void area or Whereas, said final plat has been reviewed subgrade, adding material to the void area as by the City Planner and had her approval en-necessary. Maintenance shall also include the dorsed thereon; subject to the owner’s agree-removal and replacement of pavers, as neces- ing to the conditions noted in Section 2 below; sary, to maintain the design gradient and de- and sign cross section of the street. Whereas, said final plat has been ex-And, further provided that said 4-ALL, LLC, amined by the City Council and they find that it as owners of said property, shall secure the conforms to the statutes and ordinances relat-performance of the foregoing conditions pro- ing to it, except that no streets or public utilities vided in this Section by providing guarantees have yet been constructed or installed. in such form and with such sureties as may be NOW THEREFORE, BE IT RESOLVED acceptable to the City Manager of the City of BY THE CITY COUNCIL OF THE CITY OF Dubuque, Iowa. DUBUQUE, IOWA: Section 3. Sidewalk installation shall be the Section 1. That the dedication of Keymont responsibility of the owner abutting the public Drive (Lot B) together with park land (Lot A) rights-of-way, including lots with multiple fron- and the easements for public utilities, sanitary tages, as required by City Code 41-100. sewer, and storm sewer, as they appear on Section 4. Upon the City’s acceptance of said final plat, be and the same are hereby the detention facilities, maintenance expenses accepted; and incurred by the City of Dubuque for the storm Section 2. That the Final Plat of North Fork water detention facilities shall be assessed Trails is hereby approved by the Mayor and against the lot owners in all phases of North City Clerk are hereby authorized and directed Fork Trails, in equal amounts, except for lots to endorse the approval of the City of Dubu-dedicated to the public. The City Manager que, Iowa, upon said final plat, provided the shall certify such costs to the City Clerk, who owners of said property herein named, ex-in turn shall promptly certify such costs to the ecute their written acceptance hereto attached Dubuque County Treasurer, and such costs agreeing: shall then be collected with and in the same (a) To reduce Keymont Drive (Lot B) to manner as general property taxes in accor- grade and to construct concrete curb and gut-dance with provisions of law. ter and to hard surface with permeable pavers, Section 5. That the final acceptance of all all in accordance with the City of Dubuque public improvements shall occur upon certifica- standard specifications and supplemental spe-tion of the City Engineer to the City Council cifications provided by others, all in a manner that all public improvements have been com- acceptable to the City Engineer, in confor-pleted in accordance with the improvement mance with construction improvement plans plans and City standard specifications and approved by the City Engineer, and inspected accepted by City Council Resolution. by the City Engineer. Section 6. That in the event 4-ALL, LLC, (b) To install sanitary sewer mains and fails to execute the acceptance and furnish the sewer service laterals into each individual lot, guarantees provided in Sections 2 and 3 he- water mains and water service laterals into reof within 180 days after the date of this Res- each individual lot, storm sewers and catch olution, the provisions hereof shall be null and basins, boulevard street lighting and erosion void and the acceptance of the dedication and control devices all in accordance with the City approval the plat shall not be effective. th of Dubuque standard specifications, all in a Passed, approved and adopted this 20 manner acceptable to the City Engineer, and day of April 2009. in accordance with construction improvement Roy D. Buol, Mayor plans approved by the City Engineer, and in-Attest: Jeanne F. Schneider, CMC, City Clerk spected by the City Engineer. ACCEPTANCE OF (c) To construct said improvements, prior RESOLUTION NO. 135-09 to two (2) years from the date of acceptance of this resolution, at the sole expense of the I, the undersigned, Charles A. Daoud, owners, or future owner; representing 4-ALL, LLC, having read the (d) To maintain the public improvements, terms and conditions of the Resolution No. for a period of two (2) years from the date of 135-09 and being familiar with the conditions the acceptance of those improvements by the thereof, hereby accept this same and agree to City Council of the City of Dubuque, Iowa, at the conditions required therein. 152 Regular Session, April 20, 2009 Book 139 th Dated in Dubuque, Iowa this 20 day of an unsealed receptacle containing alcoholic April 2009. beverages. Seconded by Connors. Motion Charles A. Daoud, 4-ALL, LLC carried 7-0. OFFICIAL PUBLICATION Project HOPE Logo: City Manager recom- ORDINANCE NO. 21-09 mending approval of the proposed Project AMENDING THE CITY OF DUBUQUE CODE HOPE Logo. Motion by Connors to receive OF ORDINANCES SECTION 5-3 PROHI- and file the documents and approve the rec- BITED SALES AND ACTS BY ADDING A ommendation. Seconded by Resnick. Motion PROVISION WHICH PROHIBITS THE SALE carried 7-0. OR SUPPLYING OF ALCOHOL TO INDIVID- nd UALS WITHOUT EXERCISING REASONA- West 32 Street Detention Basin Public BLE CARE TO ENSURE THE ALCOHOL IS Access: City Manager recommending approval nd NOT PROVIDED TO THOSE UNDER THE of changes to the West 32 Street Detention LEGAL AGE Basin Project to provide limited citizen access to the area and adding signs to provide infor-NOW, THEREFORE, BE IT ORDAINED BY mation about the purpose of the basin and THE CITY COUNCIL OF THE CITY OF DU- how it is designed to function. Motion by Con-BUQUE, IOWA: nors to receive and file the documents and Section 1. Section 5-3 of the City of Dubu- approve the recommendation. Seconded by que Code of Ordinances is amended to read Braig. Responding to questions from City as follows: Council, City Engineer Gus Psihoyos stated Sec. 5-3. Prohibited Sales and Acts. that there are no plans to provide lighting or A person or club holding a liquor license or additional security measures. Psihoyos added retail wine or beer permit under this Chapter that specific landscaping is planted as a barrier and the person's or club's agents or em- to deter entry to the basin and that the basin ployees shall not do any of the following: has been designed with a less dangerous . . . . slope and to prevent a rushing rise in water. (7) Keep on premises covered Motion carried 7-0. by a liquor control license any alco- holic liquor in any container except Alcohol and Tobacco Violations: City Man-the original package purchased from ager recommending approval of changes to the Division and except mixed drinks Chapter 5 of the Code of Ordinances regard-or cocktails mixed on the premises for ing alcohol and tobacco violations to be in immediate consumption. This prohibi- compliance with the State Code. Motion by tion does not apply to common carri- Jones to receive and file the documents and ers holding a Class D liquor control li- that the requirement that a proposed ordin-cense; ance be considered and voted on for passage (8) Reuse for packaging alco- at two Council meetings prior to the meeting at holic liquor or wine any container or which it is to be passed be suspended. receptacle used originally for packag- Seconded by Connors. Motion carried 7-0. ing alcoholic liquor or wine; or adulte- Motion by Jones for final consideration and rate, by the addition of any sub- passage of Ordinance No. 21-09 Amending stances, the contents or remaining the City of Dubuque Code of Ordinances Sec-contents of an original package of an tion 5-3 Prohibited Sales and Acts by adding a alcoholic liquor or wine; or knowingly provision which prohibits the sale or supplying possess any original package which of alcohol to individuals without exercising has been so reused or adulterated; reasonable care to ensure the alcohol is not or, provided to those under the legal age, Ordin-(9) Sell, give, or otherwise ance No. 22-09 Amending the City of Dubuque supply any alcoholic beverage, wine, Code of Ordinances Chapter 33 by adding or beer to any person, knowing or fail- Section 33-18 Persons under Legal Age which ing to exercise reasonable care to prohibits the sale or supplying of tobacco ascertain whether the person is under products to persons under eighteen (18) years legal age, or permit any person, of age and 33-18A Penalty which provides a knowing or failing to exercise reason- fine for such violations, and Ordinance No. 23-able care to ascertain whether the 09 Amending Chapter 32 of the City of Dubu-person is under legal age, to con- que Code of Ordinances by adding Section 32-sume any alcoholic beverage, wine, 321.284 Open Containers In Motor Vehicles – or beer. Violation of this Section is Drivers And Section 32-321.284A Open Con-punishable as a scheduled violation tainers In Motor Vehicles - Passengers which under Iowa Code Section 805.8C(2). prohibit the driver or passenger of a motor Section 2. This Ordinance shall take effect vehicle upon a public street from possessing on publication. Book 139 Regular Session, April 20, 2009 153 th Passed, approved and adopted this 20 For the purposes of this Subsection, law day of April, 2009. enforcement officer means a peace officer as /s/Roy D. Buol, Mayor defined in Iowa Code Section 801.4 and in- Attest: cludes persons designated under Subsection 4 /s/Jeanne F. Schneider, CMC, City Clerk of this Section to enforce this Ordinance. Published officially in the Telegraph Herald Section 33-18A. Penalty. th Newspaper the 27 day of April, 2009. 1. a. A person, other /s/Jeanne F. Schneider, CMC, City Clerk than a retailer, who violates Section 33-18, Subsection 1, is guilty of a OFFICIAL PUBLICATION simple misdemeanor. ORDINANCE NO. 22-09 b. An employee of a retailer AMENDING THE CITY OF DUBUQUE CODE who violates Section 33-18, Subsec- OF ORDINANCES CHAPTER 33 BY ADDING tion 1, commits a simple misdemea- SECTION 33-18 PERSONS UNDER LEGAL nor punishable as a scheduled viola- AGE WHICH PROHIBITS THE SALE OR tion under Iowa Code Section SUPPLYING OF TOBACCO PRODUCTS TO 805.8C. PERSONS UNDER EIGHTEEN (18) YEARS 2. A person who violates Sec- OF AGE AND 33-18A PENALTY WHICH tion 33-18, Subsection 2, is subject to PROVIDES A FINE FOR SUCH VIOLATIONS the following, as applicable: NOW, THEREFORE, BE IT ORDAINED BY a. A civil penalty pursuant to THE CITY COUNCIL OF THE CITY OF DU- Iowa Code Section 805.8C. BUQUE, IOWA: b. For a first offense, perfor- Section 1. Chapter 33 of the City of Dubu-mance of eight (8) hours of communi- que Code of Ordinances is amended by add-ty work requirements, unless waived ing thereto the following new sections: by the court. Section 33-18. Persons under Legal Age. c. For a second offense, per- 1. A person shall not sell, give, or oth-formance of twelve (12) hours of erwise supply any tobacco, tobacco products, community work requirements. or cigarettes to any person under eighteen d. For a third or subsequent of- (18) years of age. fense, performance of sixteen (16) 2. A person under eighteen (18) years hours of community work require- of age shall not smoke, use, possess, pur-ments. chase, or attempt to purchase any tobacco, Secs. 33-19 – 33-20. Reserved. tobacco products, or cigarettes. Section 2. This Ordinance shall take effect 3. Possession of cigarettes or tobacco on publication. th products by an individual under eighteen (18) Passed, approved and adopted this 20 years of age does not constitute a violation day of April, 2009. under this Section if the individual under eigh-/s/Roy D. Buol, Mayor teen (18) years of age possesses the ciga-Attest: rettes or tobacco products as part of the indi-/s/Jeanne F. Schneider, CMC, City Clerk vidual's employment and the individual is em-Published officially in the Telegraph Herald th ployed by a person who holds a valid permit Newspaper the 27 day of April, 2009. under the Iowa Code or who lawfully offers for /s/Jeanne F. Schneider, CMC, City Clerk sale or sells cigarettes or tobacco products. OFFICIAL PUBLICATION 4. A person shall not be guilty of a viola- ORDINANCE NO. 23-09 tion of this Section if conduct that would oth- AMENDING CHAPTER 32 OF THE CITY OF erwise constitute a violation is performed to DUBUQUE CODE OF ORDINANCES BY assess compliance with cigarette and tobacco ADDING SECTION 32-321.284 OPEN CON- products laws if any of the following applies: TAINERS IN MOTOR VEHICLES – DRIVERS a. The compliance effort is AND SECTION 32-321.284A OPEN CON- conducted by or under the supervi- TAINERS IN MOTOR VEHICLES - PASSEN- sion of law enforcement officers. GERS WHICH PROHIBIT THE DRIVER OR b. The compliance effort is PASSENGER OF A MOTOR VEHICLE UPON conducted with the advance know- A PUBLIC STREET FROM POSSESSING AN ledge of law enforcement officers and UNSEALED RECEPTACLE CONTAINING reasonable measures are adopted by ALCOHOLIC BEVERAGES those conducting the effort to ensure that use of cigarettes or tobacco NOW, THEREFORE, BE IT ORDAINED products by individuals under eigh-BY THE CITY COUNCIL OF THE CITY OF teen (18) years of age does not result DUBUQUE, IOWA: from participation by any individual Section 1. Chapter 32 of the City of Dubu- under eighteen (18) years of age in que Code of Ordinances is amended by add- the compliance effort. ing thereto the following new sections: 154 Regular Session, April 20, 2009 Book 139 th Sec. 32-321.284. Open Containers in Mo-Newspaper the 27 day of April, 2009. tor Vehicles – Drivers. /s/Jeanne F. Schneider, CMC, City Clerk A driver of a motor vehicle upon a public street or highway shall not possess in the pas-Operation without Registration and Driver’s senger area of the motor vehicle an open or License Ordinance: City Manager recommend- unsealed bottle, can, jar, or other receptacle ing approval of modifications to the City Code containing an alcoholic beverage. Passenger of Ordinances related to Operation without area means the area designed to seat the Registration and Driver’s License to corres- driver and passengers while the motor vehicle pond with the State Code numbering pattern. is in operation and any area that is readily ac-Motion by Resnick to receive and file the doc- cessible to the driver or a passenger while in uments and that the requirement that a pro- their seating positions, including the glove posed ordinance be considered and voted on compartment. An open or unsealed receptacle for passage at two Council meetings prior to containing an alcoholic beverage may be the meeting at which it is to be passed be sus- transported in the trunk of the motor vehicle. pended. Seconded by Connors. An unsealed receptacle containing alcoholic Motion by Connors for final consideration beverage may be transported behind the last and passage of Ordinance No. 24-09 Amend- upright seat of the motor vehicle if the motor ing the City of Dubuque Code of Ordinances vehicle does not have a trunk. A person con-Section 32-321.98 Operation Without Registra- victed of a violation of this Section is guilty of a tion and 32-321.174A Operator's License – simple misdemeanor punishable as a sche-Operation Of Commercial Motor Vehicles by duled violation under the Iowa Code Section adding provisions which prohibit an individual 805.8A. from operating a vehicle without registration Sec. 32-321.284A. Open Containers in Mo-within the City of Dubuque. Seconded by Res- tor Vehicles – Passengers. nick. Motion carried 7-0. 1. A passenger in a motor vehicle upon OFFICIAL PUBLICATION a public street or highway shall not possess in ORDINANCE NO. 24-09 the passenger area of the motor vehicle an AMENDING THE CITY OF DUBUQUE CODE open or unsealed bottle, can, jar, or other re- OF ORDINANCES SECTION 32-321.98 OP- ceptacle containing an alcoholic beverage. ERATION WITHOUT REGISTRATION AND Passenger area means the area of a motor 32-321.174A OPERATOR'S LICENSE – OP- vehicle designed to seat the driver and pas- ERATION OF COMMERCIAL MOTOR VE- sengers while the motor vehicle is in operation HICLES BY ADDING PROVISIONS WHICH and any area that is readily accessible to the PROHIBIT AN INDIVIDUAL FROM OPERAT- driver or a passenger while in their seating ING A VEHICLE WITHOUT REGISTRATION positions, including the glove compartment. An WITHIN THE CITY OF DUBUQUE open or unsealed receptacle containing an alcoholic beverage may be transported in the NOW, THEREFORE, BE IT ORDAINED trunk of the motor vehicle. An unsealed recep-BY THE CITY COUNCIL OF THE CITY OF tacle containing an alcoholic beverage may be DUBUQUE, IOWA: transported behind the last upright seat of the Section 1. Sections 32-321.98 and 32- motor vehicle if the motor vehicle does not 321.174A of the City of Dubuque Code of Or- have a trunk. dinances are amended to read as follows: 2. This Section does not apply to a pas-Secs. 32-321.79 - 32-321.89. Reserved. senger being transported in a motor vehicle ARTICLE IV. DRIVER’S LICENSES designed, maintained, or used primarily for the DIVISION I. GENERALLY transportation of persons for compensation, or Secs. 32-321.90 – 32.321-97. Reserved. a passenger being transported in the living Sec. 32-321.98. Operation without Regis- quarters of motor home, manufactured or mo-tration. bile home, travel trailer, or fifth-wheel travel A person shall not operate, and an owner trailer. shall not knowingly permit to be operated upon 3. A person convicted of a violation of any highway any vehicle required to be regis- this Section is guilty of a simple misdemeanor tered and titled hereunder unless there shall punishable as a scheduled violation under the be attached thereto and displayed thereon Iowa Code Section 805.8A. when and as required by this Chapter a valid Section 2. This Ordinance shall take effect registration card and registration plate or on publication. plates issued therefore for the current registra- th Passed, approved and adopted this 20 tion year and unless a certificate of title has day of April, 2009. been issued for such vehicle except as other- /s/Roy D. Buol, Mayor wise expressly permitted in this Chapter. Any Attest: violation of this Section is punishable as a /s/Jeanne F. Schneider, CMC, City Clerk scheduled violation under Iowa Code Section Published officially in the Telegraph Herald 805.8A. Book 139 Regular Session, April 20, 2009 155 Secs. 32-321.99 – 32-321.173. Reserved. were altering the footprint of a structure were Sec. 32-321.174. Operator's License - Op-not informed of the requirement to install side- eration of Commercial Motor Vehicles. walks through the building permit process as (a) A person, except those expressly ex-developers do when submitting site plans empted, shall not operate any motor vehicle through the Engineering Department. Van Mil- upon any street of this city unless the person ligen stated that the amendment would take has a driver's license issued by the depart-effect upon publication of the ordinance and ment valid for the vehicle's operation. would exempt those properties affected prior (b) A person operating a commercial mo-to discovery of the oversight and that notice of tor vehicle shall not have more than one driv-the amended ordinance will be published in er's license. A nonresident may operate a the Telegraph Herald and letters will be sent to commercial motor vehicle in Iowa if the nonre-the Board of Realtors, home builders, consul- sident has been issued a license by another tants, architects, and designers to remind them state, a nonresident commercial driver's li-of the sidewalk installation requirements. Mo- cense, or a driver's license issued by a foreign tion failed 5-2 with Lynch and Resnick voting jurisdiction which the Federal Highway Admin-nay. istration has determined to be issued in con-Motion by Jones to consider the first read- formity with the federal commercial driver test-ing of a proposed ordinance amending Chap- ing and licensing standards, if the license, ter 41, Streets, Sidewalks and Public Places, commercial driver's license, or driver's license of the City of Dubuque Code of Ordinances by is valid for the vehicle operated. changing Subsection (a) and (b) and adding a (c) Every licensee shall have an operator new Subsection 41-100(c) authorizing City or instruction permit in immediate possession Manager to review appeals. Seconded by at all times when operating a motor vehicle Connors. Motion carried 5-2 with Lynch and and shall display the same upon demand of a Resnick voting nay. judicial magistrate, district associate judge, COUNCIL MEMBER REPORTS peace officer, or a field deputy or examiner of the department. However, no person charged with violating this provision shall be convicted Jones reported on the Mayor’s recent proc- th if such person produces in court, within a rea-lamation honoring Donna Ginter’s 80 birthday sonable time, an operator or instruction permit and her service to the community. Jones ac- theretofore issued to such person and valid at knowledged the passing of Assistant City Clerk the time of such person's arrest. Kevin Firnstahl’s father, Ramon. Sec. 32-321.174A. Operation of Motor Ve-Connors reported that the Convention and hicle with Expired License. Visitor’s Bureau has secured Dubuque as the A person shall not operate a motor vehicle site for the Iowa League of Cities’ conference upon a highway in this city with an expired in 2013. driver's license. PUBLIC INPUT Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted this 20 Keyline Transit Bus Driver Wayne Stroh- day of April, 2009. meyer, 3403 Waller Street, expressed his con- /s/Roy D. Buol, Mayor cerns and those shared by his colleagues Attest: about difficulties they are having with the man- /s/Jeanne F. Schneider, CMC, City Clerk agement of the division in terms of cutting Published officially in the Telegraph Herald routes and hours. th Newspaper the 27 day of April, 2009. Keyline Transit Bus Driver Pat Healy, 227 /s/Jeanne F. Schneider, CMC, City Clerk Bryant Street, reiterated Mr. Strohmeyer’s concerns adding that the emphasis should be Sidewalk Installation Program: City Man-on the needs of the passengers with the know- ager recommending approval of an amend-ledge base of long-term employees. ment to the Sidewalk Installation Ordinance to Assistant City Attorney O’Brien advised change the effective date and other minor that the City Council could not comment so as modifications. not to influence on-going legal proceedings. Motion by Jones to receive and file the CLOSED SESSION documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior Motion by Jones at 8:15 p.m. to go into to the meeting at which it is to be passed be closed session regarding pending litigation and suspended. Seconded by Connors. Respond-property acquisition pursuant to Chapter ing to questions from City Council, City Engi-21.5(1)(c)(j) of the Code of Iowa. Seconded by neer Gus Psihoyos explained that it was dis-Connors. Motion carried 7-0. covered that residential property owners who 156 Special Session, May 1, 2009 Book 139 Upon motion the City Council reconvened Agreement at any time on or before May 1, in open session at 9:00 p.m. stating that staff 2009 in the event Employer determines that had been given proper direction. financial assistance with the State of Iowa De- partment of Economic Development (the IDED There being no further business, upon mo-Assistance) is unsatisfactory to Employer; and tion the City Council adjourned at 9:01 p.m. Whereas, documentation for the IDED As- sistance has not been finalized by Employer /s/Kevin S. Firnstahl and IDED; and Assistant City Clerk Whereas, City and Employer desire to amend the Incentives Agreement to extend the termination date to July 1, 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CITY OF DUBUQUE, IOWA DUBUQUE, IOWA AS FOLLOWS: CITY COUNCIL Section 1. The First Amendment attached OFFICIAL hereto is hereby approved. Passed, approved and adopted this 1st PROCEEDINGS day of May, 2009. Roy D. Buol, Mayor The Dubuque City Council met in special Attest Jeanne F. Schneider, CMC, City Clerk session at 4:30 p.m. on May 1, 2009 in Confe- rence Room B, City Hall. There being no further business, upon motion the City Council adjourned at 4:36 p.m. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City /s/Kevin S. Firnstahl Manager Van Milligen, City Attorney Lindahl Assistant City Clerk Absent: Council Member Voetberg Mayor Buol read the call and stated this is a special session of the City Council to act upon such business that may properly come before the City Council. ACTION ITEM First amendment to Incentives Agreement with International Business Machines Corpora- tion (IBM): City Manager recommending ap- proval of the First Amendment to the Incen- tives Agreement with IBM extending the dead- line for finalizing the IDED assistance agree- ment to July 1, 2009. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 136-09 Approving the First Amend- ment to the Incentives Agreement between the City of Dubuque, Iowa, and International Busi- ness Machines Corporation. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 136-09 APPROVING THE FIRST AMENDMENT TO INCENTIVES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND INTERNA- TIONAL BUSINESS MACHINES CORPORA- TION Whereas, the City of Dubuque, Iowa (City) and International Business Machines Corpora- tion (Employer) have entered into an Incen- tives Agreement (the Agreement) dated Feb- ruary 16, 2009; and Whereas, the Agreement is subject to the condition that Employer may terminate the Book 139 Regular Session, May 4, 2009 157 CITY OF DUBUQUE, IOWA of as indicated including the amended consent agenda item (#28) Purchase of Service CITY COUNCIL Agreement – Burlington Trailways and moving OFFICIAL action item (#10) Alcohol Civil Penalty Hearing PROCEEDINGS – Tott’s Tap to consent agenda (#12) Alcohol Compliance – Civil Penalties for Alcohol Li- cense Holders. Seconded by Braig. Resnick The Dubuque City Council met in regular requested (#15) Application to the Economic session at 6:30 p.m. on May 4, 2009 in the Development Administration for Financial As- Historic Federal Building. sistance with a Downtown Parking Facility be held for separate discussion. Motion carried 7-0. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- Minutes and Reports Submitted: Cable berg, City Manager Van Milligen, City Attorney Community Teleprogramming Commission of Lindahl 3/3; City Council of 4/20; Library Board of Trustees of 2/26 Mayor Buol read the call and stated this is Proofs of publication of City Council Pro- a regular session of the City Council to act ceedings of April 6, 2009 (Regular and Special upon such business that may properly come Meetings) and List of Claims and Summary of before the City Council. Revenues for Month Ended March 31, 2009 Carnegie-Stout Public Library Board of Pledge of Allegiance Trustees Update from the Meeting of April 23, 2009; Substance Abuse Services Center Third Invocation was provided by Reverend Judy Quarterly Report. Wadding of Hillcrest Family Services. Upon motion the documents were received and filed. SWEARING-IN Notice of Claims/Suits: Portzen Construc- Mayor Pro-Tem Joyce Connors tion, Inc. d/b/a Dubuque Plumbing and Heating Company vs. City of Dubuque, et al; Andy PROCLAMATIONS Rettenmeier for property damage. Upon mo- tion the documents were received and filed Letter Carrier Food Drive Day (May 9, and referred to the City Attorney. 2009) was accepted by Steve Heins, 2194 City Attorney advising that the following Southway Drive; National Train Day (May 9, claim has been referred to Public Entity Risk 2009) was accepted by Sue Czeshinski, 2203 Services of Iowa, the agent for the Iowa Com- Sunnyslope Drive; Arthritis Walk Day (May 16, munities Assurance Pool: Andy Rettenmeier 2009) was accepted by Mike Clausen, 1730 for property damage. Upon motion the docu- Bristol Drive and Jill Specht, 2123 Keyway ment was received and filed and concurred. Drive; Drinking Water Week (May 3 – 9, 2009) was accepted by Water Plant Manager Bob Homelessness Prevention and Rapid Re- Green; Public Service Recognition Week (May Housing Program: City Manager recommend- 4 – 10, 2009) was accepted by Mayor Buol; ing approval of an application to the US De- Iowa School Board Recognition Week (May 10 partment of Housing and Urban Development – 16, 2009) was accepted by Larry Loeppke, (HUD) and an amendment to the Fiscal Year 1749 Churchill Drive and Mike Brannon, 489 2009 (Consolidated Plan 2008) Annual Action South Grandview Avenue; Nursing Home Plan for Homelessness Prevention and Rapid Week (May 10 – 16, 2009) was accepted by Re-Housing Program (HPRP) funding in the Michael Terrill, Administrator, Dubuque Nurs- amount of $502,294. Upon motion the docu- ing and Rehab Center, 2935 Kaufamnn Ave- ments were received and filed and Resolution nue; Bike Safety Month (May, 2009) was ac- No. 137-09 Approving the application and Fis- cepted by Sharon Frye, 2032 Golden Eagle cal Year 2009 Annual Action Plan (Consolidat- Drive; Historic Preservation Month (May, 2009) ed Plan 2008) Amendment 4 for the Home- was accepted by Historic Preservation Com- lessness Prevention and Rapid Re-Housing mission Chairperson Michael Knight, 942 Mt. Program (HPRP) Funding was adopted. Pleasant Street; Mental Health Month (May, 2009) was accepted by John Cordes, Mental RESOLUTION NO. 137-09 Health America for Dubuque County. APPROVING THE APPLICATION AND FIS- CAL YEAR 2009 ANNUAL ACTION PLAN CONSENT ITEMS (CONSOLIDATED PLAN 2008) AMEND- MENT 4 FOR THE HOMELESSNESS PRE- Motion by Lynch to receive and file the VENTION AND RAPID RE-HOUSING PRO- documents, adopt the resolutions, and dispose GRAM (HPRP) FUNDING 158 Regular Session, May 4, 2009 Book 139 Whereas, the City of Dubuque prepared Louise Lane Bridge Reconstruction and filed a Fiscal Year 2009 Annual Action Project: City Manager recommending award of Plan (Consolidated Plan 2008); and the contract for the Louise Lane Bridge Re- Whereas, the City of Dubuque has re-construction Project to Jim Schroeder Con- ceived funding from the U.S. Department of struction, Inc., in the amount of $209,315.52. Housing and Urban Development (HUD) for Upon motion the documents were received the Homelessness Prevention and Rapid Re-and filed and Resolution No. 138-09 Awarding Housing Program (HPRP); and public improvement contract for the Louise Whereas, HUD requires submittal of a Lane Bridge Reconstruction Project was Homelessness Prevention and Rapid Re-adopted. Housing Program application by May 18, 2008; RESOLUTION NO. 138-09 and AWARDING PUBLIC IMPROVEMENT CON- Whereas, HUD requires the City of Dubu- TRACT FOR THE LOUISE LANE BRIDGE que to amend the Fiscal Year 2009 Annual RECONSTRUCTION PROJECT Action Plan (Consolidated Plan 2008) for the inclusion of the HPRP funding as per the at-Whereas, sealed proposals have been tached Exhibit A; and submitted by contractors for the Louise Lane Whereas, said amendment is a substantial Bridge Reconstruction Project (the Project) amendment requiring a twelve day public pursuant to Resolution No. 114-09 and Notice comment period and must therefore be ap-to Bidders published in a newspaper published th proved by resolution of the City Council after a in the City of Dubuque, Iowa on the 10 day of public hearing by the Community Development April, 2009. Advisory Commission; and Whereas, said sealed proposals were th Whereas, the Community Development opened and read on the 28 day of April, 2009 Advisory Commission reviewed the proposed and it has been determined that Jim Schroeder amendment at a public hearing on April 22, Construction, Inc. of Bellevue, Iowa, with a bid 2009 following a public comment period be-in the amount of $209,315.52, is the lowest ginning on April 8, 2009 and has voted to ap-responsive, responsible bidder for the Project. prove said amendment and to recommend NOW THEREFORE, BE IT RESOLVED approval by the City Council. BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF That a Public Improvement Contract for the DUBUQUE, IOWA: Project is hereby awarded to Jim Schroeder Section 1. That the Fiscal Year 2009 An-Construction, Inc. and the City Manager is nual Action Plan (Consolidated Plan 2008) is hereby directed to execute a Public Improve- hereby amended as per Amendment 4, hereto ment Contract on behalf of the City of Dubu- attached as Exhibit A. que for the Project. th Section 2.That said Homelessness Preven-Passed, approved and adopted this 4 day tion and Rapid Re-Housing Program applica-of May, 2009. tion with certifications, and the Fiscal Year Roy D. Buol, Mayor 2009 Annual Action Plan (Consolidated Plan Attest: Jeanne F. Schneider, CMC, City Clerk 2008) - Amendment 4 attached hereto as Ex- hibit A is hereby approved. Request for Proposals (RFP) – Millwork Section 3. That the City Manager is hereby District Streets and Utilities Improvements: authorized and directed to submit a copy of City Manager recommending approval of the this resolution and Homelessness Prevention issuance of a Request for Proposals to seek and Rapid Re-Housing Program application, qualified firms interested in providing street certifications, and Amended Plan to the U. S. and utility design for the public infrastructure Department of Housing and Urban Develop-associated with the Historic Millwork District. ment. Upon motion the documents were received, th Passed, approved and adopted this 4 day filed, and approved. of May, 2009. Roy D. Buol, Mayor Acquisitions of Real Property / Easements: Attest: Jeanne F. Schneider, CMC, City Clerk City Manager recommending approval of a request from the Engineering Department for Iowa Community Cultural Grant Applica-authorization to negotiate the purchase of “un- tion: City Manager recommending approval of complicated” properties and easements, which an Iowa Community Cultural Grant Application, have an estimated fair market value of less which will allow the City of Dubuque’s Part-than $10,000 for public improvement projects. Time Arts and Cultural Affairs Coordinator Upon motion the documents were received position to remain at twenty hours per week. and filed and Resolution No. 139-09 Allowing Upon motion the documents were received, the use of the “Appraisal Waiver Provision” for filed, and approved. Book 139 Regular Session, May 4, 2009 159 RESOLUTION NO. 140-09 purchase of uncomplicated acquisitions for AUTHORIZING EXECUTION OF A PROVI- public improvement projects was adopted. SIONALLY ACCREDITED LEVEE (PAL) RESOLUTION NO. 139-09 LETTER OF AGREEMENT WITH THE FED- TO ALLOW THE USE OF THE “APPRAISAL ERAL EMERGENCY MANAGEMENT WAIVER PROVISION” FOR PURCHASE OF AGENCY FOR THE DUBUQUE LEVEE AND UNCOMPLICATED ACQUISITIONS FOR FLOODWALL SYSTEM PUBLIC IMPROVEMENT PROJECTS Whereas, the Federal Emergency Man- Whereas, during the course of design of agement Agency (FEMA) has provided a Let- public improvement projects, it may be neces-ter of Agreement and Request for Provisionally sary for the City of Dubuque to acquire small Accredited Levee (PAL) Designation to the tracts of land and/or easements with relatively City of Dubuque for the Dubuque levee and low values; and floodwall system along the Mississippi River; Whereas, Iowa Code Section 6B.54(2) un-and der certain conditions provides for the use of Whereas, the City of Dubuque has identi- an Appraisal Waiver Provision; and fied that the accreditation of this City-owned Whereas, the Iowa Department of Trans-facility is a community priority. portation has established guidelines for non-NOW THEREFORE, BE IT RESOLVED complex, minor acquisition of relatively low BY THE CITY COUNCIL OF THE CITY OF value which has been approved by the Federal DUBUQUE, IOWA: Highway Administration; and Section 1. The City Council does hereby Whereas, utilization of the Appraisal Waiv-authorize the Mayor, the City Manager, and er Provision will expedite the construction of the City Engineer to sign and submit the Letter public improvements. of Agreement and Request for Provisionally NOW THEREFORE, BE IT RESOLVED Accredited Levee (PAL) Designation with FE- BY THE CITY COUNCIL OF THE CITY OF MA on behalf of the City of Dubuque. th DUBUQUE, IOWA: Passed, approved and adopted this 4 day Section 1. The City Council of the City of of May 2009. Dubuque, Iowa, hereby approves of the Ap-Roy D. Buol, Mayor praisal Waiver Provision for non-complex, mi-Attest: Jeanne F. Schneider, CMC, City Clerk nor acquisitions of low value in accordance with established Iowa Department of Transpor-Historic Resource Development Program tation guidelines with latest revisions, attached (HRDP) Grant Request for Mines of Spain hereto, and as provided by Iowa Code Section Exhibits and Education Program: City Manager 6B.54(2). recommending approval to submit an Historic Section 2. The City Manager may desig-Resource Development Program (HRDP) nate appropriate City personnel to negotiate Grant Application to the State Historical Socie- and prepare a Compensation Estimate or oth-ty of Iowa for the Mines of Spain Exhibit and er documents for minor acquisitions and/or Education Program and a Resolution of Sup- easements under the Appraisal Waiver Provi-port for the application. Upon motion the doc- sion. uments were received and filed and Resolution th Passed, adopted and approved this 4 day No. 141-09 Approving HRDP Grant Application of May, 2009. for Mines of Spain Exhibit and Education Pro- Roy D. Buol, Mayor gram was adopted. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 141-09 APPROVING HRDP GRANT APPLICATION Dubuque Levee and Floodwall System – FOR MINES OF SPAIN EXHIBIT AND EDU- Letter of Agreement with FEMA: City Manager CATION PROGRAM. recommending approval of a Provisionally Accredited Levee (PAL) Letter of Agreement Whereas, the State Historical Society of with the Federal Emergency Management Iowa has Historic Resource Development Pro- Agency for the Dubuque Levee and Floodway gram (HRDP) grant funds available for the System. Upon motion the documents were preservation and interpretation of Iowa’s his- received and filed and Resolution No. 140-09 toric and cultural resources; and Authorizing execution of a Provisionally Accre-Whereas, the City of Dubuque has adopted dited Levee (PAL) Letter of Agreement with a Comprehensive Plan with goals and objec- the Federal Emergency Management Agency tives for the preservation and interpretation of for the Dubuque Levee and Floodway System the community’s historic and cultural re- was adopted. sources; and Whereas, the E.B. Lyons Interpretive Cen- ter at the Mines of Spain State Recreation Area is owned by the City of Dubuque. 160 Regular Session, May 4, 2009 Book 139 NOW THEREFORE, BE IT RESOLVED commending approval of the submission of an BY THE CITY COUNCIL OF THE CITY OF application to the Economic Development Ad- DUBUQUE, IOWA: ministration for downtown parking ramp fund- Section 1. That the City Manager is autho-ing. Motion by Resnick to receive and file the rized to sign and submit this application to the documents and approve the recommendation. State Historical Society of Iowa for HRDP Seconded by Connors. Van Milligen stated he Grant Funds for the Mines of Spain Exhibit and will amend the application to reflect the ap- Education Program. proved site selection. Section 2. That the City of Dubuque agrees to abide by all local, state and federal require-Eagle Point Water Plant West Clear Well ments applicable to the proposed budget. Reservoir Rehabilitation Phase II (Pipe Coat- th Passed, approved and adopted this 4 day ing) Project: City Manager recommending of May 2009. award of the construction contract for the Roy D. Buol, Mayor Eagle Point Clear Well Reservoir Rehabilita- Attest: Jeanne F. Schneider, CMC, City Clerk tion Phase II (Pipe Coating) Project to K & W Coating, LLC in the amount of $35,000. Upon Google Earth / City Imagery Update: City motion the documents were received and filed Manager recommending approval of a Content and Resolution No. 142-09 Awarding the pub- Release Agreement that allows Google Earth lic improvement contract for the Eagle Point to use the City’s data in order to better the Clear Well Reservoir Rehabilitation Phase II Google Earth product. Upon motion the docu-(Pipe Coating) Project was adopted. ments were received, filed, and approved. RESOLUTION NO. 142-09 AWARDING PUBLIC IMPROVEMENT CON- Tobacco Compliance – Civil Penalties for TRACT FOR THE EAGLE POINT WATER Tobacco License Holders: City Manager re- PLANT CLEAR WELL RESERVOIR PHASE commending approval of the Acknowledge- II REHABILITATION (PIPE COATING) ment / Settlement Agreements for a second th PROJECT offense tobacco compliance violation for 16 th Street Auto Truck Plaza, 1215 East 16 Street. Whereas, sealed proposals have been Upon motion the documents were received, submitted by contractors for the Eagle Point filed, and approved. Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project (The Alcohol Compliance – Civil Penalties for Project) pursuant to Resolution 116-09 and Alcohol License Holders: City Manager re-Notice to Bidders published in a newspaper in th commending approval of the Acknowledge-the City of Dubuque, Iowa on the 20 day of ment/Settlement Agreements for a first offense March, 2009. alcohol compliance violation for The Channel Whereas, said sealed proposals were Inn, 2010 ½ Kerper Boulevard; first offense opened and read on the 8th day of April, 2009, alcohol compliance violation for Tott’s Tap, and it has been determined that K & W Coat- 3457 Jackson Street; the 14-day license sus-ing, LLC of Elkader, Iowa with a bid in the pension for Haun’s Special Meats, 3033 As-amount of $35,000 is the lowest responsive, bury Road; and to set a first offense alcohol responsible bidder for the Project. civil penalty hearing for May 18, 2009 regard-NOW THEREFORE, BE IT RESOLVED ing The Club House, 2364 Washington Street. BY THE CITY COUNCIL OF THE CITY OF Upon motion the documents were received, DUBUQUE, IOWA: filed, and a Penalty Hearing was set for May That a Public Improvement Contract for the 18, 2009. Project is hereby awarded to K & W Coating, LLC of Elkader, Iowa and the City Manager is Quarterly Investment Report: City Manager hereby directed to execute a Public Improve- transmitting the March 31, 2009 Quarterly In-ment Contract on behalf of the City of Dubu- vestment Report. Upon motion the documents que for the Project. th were received and filed. Passed, approved and adopted this 4 day of May, 2009. Citizen Communication: Communication Roy D. Buol, Mayor from H. Charles Tyler requesting that stop Attest: Jeanne F. Schneider, CMC, City Clerk lights be installed at the entryway leading from Kennedy Mall and Best Buy. Upon motion the Letter of Support – Upgrade of US High- communication was received and filed and way 20 to Four Lanes : City Manager recom- referred to the City Manager. mending approval of a Letter of Support for the Jo Daviess/Stephenson 4-Lane 20 Association Application to the Economic Development efforts to upgrade Highway 20, particularly the Administration for Financial Assistance with a Freeport Bypass and Galena Bypass. Upon Downtown Parking Facility: City Manager re-motion the documents were received and filed Book 139 Regular Session, May 4, 2009 161 and Resolution No. 143-09 Resolution of Sup-Section 1. That the City of Dubuque hereby port for the upgrade of US Highway 20 to four approves the acquisition of the following legal- lanes was adopted. ly described property: Lot 2 of the SE ¼ of the NW ¼; and RESOLUTION NO. 143-09 the SW ¼ of the NW ¼, except ½ acre RESOLUTION OF SUPPORT FOR THE UP- in the SW Corner thereof deeded to GRADE OF US HIGHWAY 20 TO FOUR Independent School District of Table LANES Mound Township; Lot 2 of Lot 2 of the Whereas, the City of Dubuque has been in-NW ¼ of the NW ¼; Lot 3 of Lot 1 of formed by the organization, JDS 4-Lane 20 Lot 2 of Lot 1 of the NE ¼ of the NW Association” that the State of Illinois Governor ¼; all in Section 35, Township 88 and legislature will be considering projects for North, Range 2 East of the 5th P.M., in its newly-proposed Capital Bill plan; and Dubuque County, Iowa, according to Whereas, the funding of the upgrade of US the United States Government Survey Highway 20 to four lanes, including the Free-and the recorded plats thereof, less port ByPass and Galena ByPass, should be right of way conveyed to the State of included in its Capital Bill plan; and Iowa and/or the State Highway Com- Whereas, the successful passage of such mission for road purposes, and that funding for the upgrade of US Highway 20 to part sold to the City of Dubuque, Iowa, four lanes, will improve the safety and traffic for airport purposes; and together with needs for the State of Illinois, State of Iowa, as and subject to all rights and easements well as the entire United States transportation of record. system. At the cost of One Million One Hundred NOW THEREFORE, BE IT RESOLVED Thousand Dollars ($1,100,00.00). BY THE CITY COUNCIL OF THE CITY OF Section 2. That the City of Dubuque be and DUBUQUE, IOWA: is hereby authorized to accept a Warranty Section 1. The City of Dubuque supports Deed from the owners, conveying the owners’ the upgrade of US Highway 20 to four lanes, interest to the City of Dubuque, Iowa for the including the Freeport ByPass and Galena herein described real estate. ByPass, through the State of Illinois Capital Bill Section 3. That the City Clerk be and she plan. is hereby authorized and directed to cause th Passed, adopted and approved this 4 day said Warranty Deed to be recorded in the of- of May, 2009. fice of the Dubuque County Recorder, together Roy D. Buol, Mayor with certified copy of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Bradley Farm Airport Property Acquisition: Resolution to the Dubuque County Assessor City Manager recommending acceptance of and the Dubuque County Auditor. th the deed to property from Ronald Bradley, Passed, adopted and approved this 4 day Jeffrey Bradley, and Brian and Kimberly Brad-of May, 2009. ley, 10719 Merlin Lane, for the Dubuque Re-Roy D. Buol, Mayor gional Airport Terminal Relocation Project. Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the documents were received and filed and Resolution No. 144-09 Approving Hartman Airport Property Acquisition: City the acquisition of real property located at Manager recommending acceptance of the 10719 Merlin Lane, Dubuque, Iowa, was deed to property from Ronald and Ellen Hart- adopted. man, 8198 Jecklin Lane, for the Dubuque Re- gional Airport Terminal Relocation Project. RESOLUTION NO. 144-09 Upon motion the documents were received APPROVING THE ACQUISITION OF REAL and filed and Resolution No. 145-09 Approving ESTATE LOCATED AT 10719 MERLIN the acquisition of real property located at 8198 LANE, DUBUQUE, IOWA Jecklin Lane, Dubuque, Iowa, was adopted. WHEREAS, the City of Dubuque intends to RESOLUTION NO. 145-09 acquire certain properties located in the area APPROVING THE ACQUISITION OF REAL of the Dubuque Regional Airport for the Dubu- ESTATE LOCATED AT 8198 JECKLIN que Regional Airport Terminal Relocation LANE, DUBUQUE, IOWA Project; and WHEREAS, a purchase agreement has WHEREAS, the City of Dubuque intends to been finalized with the owners of the proper-acquire certain properties located in the area ties described below. of the Dubuque Regional Airport for the Dubu- NOW, THEREFORE, BE IT RESOLVED que Regional Airport Terminal Relocation BY THE CITY COUNCIL OF THE CITY OF Project; and DUBUQUE, IOWA: 162 Regular Session, May 4, 2009 Book 139 WHEREAS, a purchase agreement has made from this list and that this list is good for been finalized with the owners of the proper-two (2) years from above date. ties described below. SANITATION DRIVER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Richard Asbell David Moore DUBUQUE, IOWA: Andrew Beecher Dennis Murphy Section 1. That the City of Dubuque hereby Jesse Begle Scott Nauman approves the acquisition of the following legal-Michael Conner Paul Neuhaus ly described property: Nicholas Connolly Jr. Drew Noel Lot 2 of Lot 1 of the SE ¼ of the SE Christopher Curran Daniel Oberbroeckling ¼ of Section 21; the SW ¼ of the SW Brian Edgington Brad Petitgout ¼ of Section 22; the NW ¼ of the NW George Flanagan Jr. Mark Pottebaum ¼, and, the SW ¼ of the NW ¼, of John Foht Daniel Richeson Section 27; Lot 1 of the NE ¼ of the Chris Gallivan Scott Ries NE ¼, and, Lot 2 of the NE ¼ of the Mark Gukeisen Jeremy Rouse NE ¼, of Section 28; all in Township Brian Heim Greg Schuckert 88 North, Range 2 East of the 5th Daniel Heins Loren Siebe P.M., in Dubuque County, Iowa, ac-Jon Herrig Richard Tomkins cording to the United States Govern-Brian Hoffman Thomas Voss ment Survey and the recorded plats Richard Kemp Donald Weig thereof Jeffrey Klein Jeffrey Weiland At the cost of Sixteen Thousand Fifty Dol-Laurance Krapfl Richard Zuber lars ($16,050.00). Matt Laucamp Section 2. That the City of Dubuque be and Corey Leach is hereby authorized to accept a Warranty Jeff McElmeel Deed from the owners, conveying the owners’ Joseph Meyer interest to the City of Dubuque, Iowa for the LeRoy Meyer herein described real estate. Section 3. That the City Clerk be and she Respectfully submitted, is hereby authorized and directed to cause Dan White, Commissioner said Warranty Deed to be recorded in the of-Jim Schilling, Commissioner fice of the Dubuque County Recorder, together Civil Service Commission with certified copy of the Resolution. Section 4. That the City Clerk be and she April 1, 2009 is hereby directed to forward a copy of this Honorable Mayor and Resolution to the Dubuque County Assessor Members of the City Council and the Dubuque County Auditor. In accordance with Chapter 400 of the th Passed, adopted and approved this 4 day Code of Iowa, an examination for the position of May, 2009. of Laboratory Technician was given on Febru- Roy D. Buol, Mayor ary 9, 2009. We hereby certify that the indi- Attest: Jeanne F. Schneider, CMC, City Clerk viduals listed below have passed this written examination and the vacancy for this position Adult Entertainment Settlement: Assistant should be made from this list and that this list City Attorney recommending approval of the is good for two (2) years from above date. negotiated settlement with The Office. Upon LABORATORY TECHNICIAN motion the document was received, filed, and approved. Erienne M. Barton Peter M. McNamara Jason R. Begle Natalie A. Moore Civil Service Commission: Civil Service Jonathan D. Blair Paul E. Nowachek Commission submitting the certified lists for Angela M. Cannon William J. O’ Brien the positions of Sanitation Driver and Labora-Daniel J. Dunne Kenneth D. Offerman tory Technician. Upon motion the documents George J. Fountas Vincent A. Oliveri III were received and filed and made a Matter of Rebecca M. Jensen Micah K. Reuber Record. Kayla J. Kemp Stephanie L. Smith April 1, 2009 Ronald L. Marty John T. Tigges Honorable Mayor and Mark R. Wild Members of the City Council Respectfully submitted, In accordance with Chapter 400 of the Dan White, Commissioner Code of Iowa, an examination for the position Jim Schilling, Commissioner of Sanitation Driver was given on February 25, Civil Service Commission 2009. We hereby certify that the individuals listed below have passed this written examina-Investment Policy Recertification: City tion and the vacancy for this position should be Manager advising that the City of Dubuque’s Book 139 Regular Session, May 4, 2009 163 investment policy has been recertified by the That the Manager be authorized to cause Association of Public Treasurers of the United to be issued the following named applicants a States and Canada and approved for the Cer-Beer Permit. tificate of Excellence Award. Upon motion the CLASS “C” BEER PERMIT documents were received and filed. Rainbo Oil Co., Keywest Conoco +(Sunday Sale), 2150 Twin Valley Legislative Correspondence: Correspon-Casey’s Marketing Co., Casey’s General dence to area legislators thanking them for Store #2420 +(Sunday Sale), 2699 Rockdale their efforts this legislative session to ensure Road that progress in the State of Iowa continues Casey’s Marketing Co., Casey’s General and that Eastern Iowa, and specifically the City Store #2421 +(Sunday Sale), 4003 Peru Road th of Dubuque, is a part of that progress. Upon Mulgrew Oil Co., 16 St Auto Truck Plaza th motion the documents were received and filed. +(Sunday Sale), 1215 E. 16 Street McCann’s Service Inc., McCann’s Service Mediacom: Mediacom submitting the 2008 +(Sunday Sale), 690 W Locust Street th Annual Report (on file in the City Clerk’s Of-Passed, approved and adopted this 4 day fice). Upon motion the document was received of May, 2009 and filed. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Signed Contracts: Consultant Services for RESOLUTION NO. 147-09 I&I Investigation; Kephart Building Improve- ment Project Additional Services Agreement Whereas, applications for Liquor Licenses #3. Upon motion the documents were received have been submitted to this Council for ap- and filed. proval and the same have been examined and approved; and Liquor License Refund: Request of James Whereas, the premises to be occupied by Goetzinger for a refund of his Class C Liquor such applicants were inspected and found to License in the amount of $845. Upon motion comply with the State Laws and all City Ordin- the document was received and filed and the ances relevant thereto and they have filed refund approved. proper bonds. NOW, THEREFORE, BE IT RESOLVED Liquor License Applications: City Manager BY THE CITY COUNCIL OF THE CITY OF recommending approval of annual liquor li-DUBUQUE, IOWA: cense renewals as submitted. Upon motion the That the Manager be authorized to cause documents were received and filed and Reso-to be issued the following named applicants a lution No. 146-09 Granting the issuance of a Liquor License. Class “C” Beer Permit to Keywest Conoco, CLASS “C” BEER/LIQUOR LICENSE Casey’s General Store #2420, Casey’s Gen-Blazin Wings, Inc., Buffalo Wild Wings th eral Store #2421, 16 Street Auto Truck Plaza, +(Sunday/Outdoor Sale), 2805 N W Arterial and McCann’s Service; and Resolution No. Kalmes Brothers, LLC, Kalmes Breaktime 147-09 Granting the issuance of a Class “C” +(Sunday Sale), 1097 Jackson Street Beer/Liquor License to Buffalo Wild Wings, DBQ, Inc, Shot Tower Inn +(Sunday Sale), Kalmes Breaktime, Shot Tower Inn, Marco’s, 390 Locust Street and Catfish Charlie’s; Special Class “C” Liquor Marco’s Inc., Marco’s Italian American License to Jorja’s Restaurant; Class “WCN” Food, 2022 Central Avenue Wine License to Stone Cliff Winery; and Class Catfish Charlie’s LLC, Catfish Charlie’s th “WBN” Native Wine License to Keywest Con-(Sunday/Outdoor Sale), 1630 E 16 Street oco and Casey’s General Store #2420 were SPECIAL CLASS “C” LIQUOR LICENSE adopted. Jorja-Restaurant Inc, Jorja’s Restaurant, 3130 Jackson Street RESOLUTION NO. 146-09 CLASS “WCN” WINE LICENSE Whereas, applications for Beer Permits Stone Cliff Winery, Inc., Stone Cliff Winery have been submitted and filed to this Council +(Sunday/Outdoor Sale), 600 Star Brewery for approval and the same have been ex-Drive amined and approved: and CLASS “WBN” NATIVE WINE LICENSE Whereas, the premises to be occupied by Rainbo Oil Co., Keywest Conoco, 2150 Twin such applicants were inspected and found to Valley Road comply with the Ordinances of the City and Casey’s Marketing Co., Casey’s General Store have filed proper bonds. #2420, 2699 Rockdale Road NOW, THEREFORE, BE IT RESOLVED Passed, approved and adopted this 4th BY THE CITY COUNCIL OF THE CITY OF day of May, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 164 Regular Session, May 4, 2009 Book 139 Purchase of Service Agreement – Burling-cost of said Project, and the City Clerk be and ton Trailways: City Manager recommending is hereby directed to cause the attached notice approval of a Purchase of Service Agreement of the time and place of such hearing to be with Burlington Trailways for the City’s finan-published in a newspaper having general cir- cial support to operate a bus depot and ticket culation in the City of Dubuque, Iowa, which sales office located at 400 Rhomberg Avenue. notice shall be published not less than four Upon motion the documents were received, days nor more than twenty days prior to the filed, and approved. date of such hearing. At the hearing, any inter- ested person may appear and file objections to ITEMS TO BE SET FOR PUBLIC HEARING the proposed plans, specifications, form of contract, or estimated cost of the Project. Motion by Lynch to receive and file the The Locust Street Sidewalk and Traffic thth documents, adopt the resolution, set the public Signal Project, 8 to 12 Street, is hereby or- hearing as indicated, and direct the City Clerk dered to be advertised for bids for construc- to publish notice as prescribed by law. tion. Seconded by Jones. Motion carried 7-0. The amount of the security to accompany each bid shall be in an amount which shall Locust Street Sidewalk and Traffic Signal conform to the provisions of the Notice to Bid- thth Installation – 8 to 12 Street Project: City ders hereby approved. Manager recommending initiation of the public The City Clerk is hereby directed to adver- bidding process for the Locust Street Sidewalk tise for bids for the construction of the im- thth and Traffic Signal Installation – 8 to 12 provements herein provided, by publishing the Street Project and that a public hearing be set attached Notice to Bidders to be published in a for May 18, 2009. Upon motion the documents newspaper having general circulation in the were received and filed and Resolution No. City of Dubuque, Iowa, which notice shall be 148-09 Preliminary approval of plans, specifi-published not less than four but not more than cations, form of contract, and estimated cost; forty-five days before the date for filing bids st setting date of public hearing on plans, specifi-before 2:00 p.m. on the 21 day of May, 2009. cations, form of contract, and estimated cost; Bids shall be opened and read by the City and ordering the advertisement for bids for the Clerk at said time and will be submitted to the Locust Street Sidewalk and Traffic Signal In-City Council for final action at 6:30 p.m. on the ththst stallation – 8 to 12 Street Project was 1 day of June, 2009, in the Historic Federal adopted setting a public hearing for a meeting Building Council Chambers (second floor), 350 th to commence at 6:30 p.m. on May 18, 2009, in West 6 Street, Dubuque, Iowa. th the Historic Federal Building. Passed, adopted and approved this 4 day of May, 2009. RESOLUTION NO. 148-09 Roy D. Buol, Mayor LOCUST STREET SIDEWALK AND TRAF- Attest: Jeanne F. Schneider, CMC, City Clerk FIC SIGNAL PROJECT, THTH 8 TO 12 STREET BOARDS/COMMISSIONS PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, Applicants were invited to address the City AND ESTIMATED COST; SETTING DATE Council regarding their desire to serve on the OF PUBLIC HEARING ON PLANS, SPECI- following Boards/Commissions: Electrical FICATIONS, FORM OF CONTRACT, AND Code Board:Two 3-year terms through May ESTIMATED COST; AND ORDERING THE 21, 2012 (Terms of Schmidt and Uhlrich) ADVERTISEMENT FOR BIDS (Electrical Experience/Background require- NOW THEREFORE, BE IT RESOLVED ment). Applicants: Bob Schmidt, 2184 Orchard BY THE CITY COUNCIL OF THE CITY OF Drive; and Paul Uhlrich, 489 Olympic Heights DUBUQUE, IOWA: Road. The proposed plans, specifications, form of PUBLIC HEARINGS contract and estimated cost for the Locust th Street Sidewalk and Traffic Signal Project, 8 th to 12 Street, in the estimated amount Upon motion the rules were suspended al- $629,818.20, are hereby preliminarily ap-lowing anyone present to address the City proved and ordered filed in the office of the Council. City Clerk for public inspection. th A public hearing will be held on the 18 Kephart Building Roof Replacement day of May, 2009, at 6:30 p.m. in the Historic Project: Proof of publication on notice of public Federal Building Council Chambers at which hearing to consider the plans, specifications, time interested persons may appear and be form of contract, and estimated cost for the heard for or against the proposed plans and Kephart Building Roof Replacement Project specifications, form of contract and estimated and City Manager recommending approval Book 139 Regular Session, May 4, 2009 165 and award of the contract to Giese Roofing Fiscal Year 2009 Budget and City Manager Company, in the amount of $79,495. Motion by recommending approval. Motion by Connors to Connors to receive and file the documents and receive and file the documents and adopt adopt Resolution No. 149-09 Approving plans, Resolution No. 151-09 Approving Amendment specifications, form of contract, and estimated No. 2 to the Fiscal Year 2009 Budget for the cost for the Kephart Building Roof Replace-City of Dubuque. Seconded by Jones. Motion continued ment Project; and Resolution No. 150-09 carried 7-0. () Awarding public improvement contract for the Kephart Building Roof Replacement Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 149-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE KEPHART BUILDING ROOF REPLACEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Kephart Building Roof Replacement Project, in the estimated amount $75,000, are hereby approved. th Passed, adopted and approved this 4 day of May, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 150-09 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KEPHART BUILDING ROOF REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Kephart Build- ing Roof Replacement Project (the Project) pursuant to Resolution No. 132-09 and Notice to Bidders published in a newspaper published st in the City of Dubuque, Iowa on the 21 and th 24 days of April, 2009; and Whereas, said sealed proposals were th opened and read on the 28 day of April, 2009 and it has been determined that Giese Roofing Company of Dubuque, Iowa, with a bid in the amount of $79,495.00, is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Giese Roofing Company and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 4 day of May, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2009 Second Budget Amend- ment: Proof of publication on notice of hearing to consider the Second Amendment to the 166 Regular Session, May 4, 2009 Book 139 RESOLUTION NO. 151-09 RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2009, (AS AMENDED LAST ON 10/06/2008) Be it Resolved by the Council of the City of Dubuque: Section 1. Following notice published and the public hearing held 05/04/2009 the current budget (as pre- viously 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 17,959,420 0 17,959,420 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 17,959,420 0 17,959,420 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 4,963,583 0 4,963,583 Other City Taxes 6 13,814,149 0 13,814,149 Licenses & Permits 7 1,340,904 0 1,340,904 Use of Money and Property 8 12,970,806 23,950 12,994,756 Intergovernmental 9 41,663,431 -353,205 41,310,226 Charges for Services 10 25,622,181 0 25,622,181 Special Assessments 11 1,463,510 0 1,463,510 Miscellaneous 12 7,684,764 1,720,854 9,405,618 Other Financing Sources 13 83,799,953 637,576 84,437,529 Total Revenues and Other Sources 14 211,282,701 2,029,175 213,311,876 Expenditures & Other Financing Uses Public Safety 15 21,412,675 75,207 21,487,882 Public Works 16 11,031,362 882,623 11,913,985 Health and Social Services 17 921,267 9,679 930,946 Culture and Recreation 18 8,576,519 64,429 8,640,948 Community and Economic Development 19 9,541,103 580,041 10,121,144 General Government 20 6,289,534 178,720 6,468,254 Debt Service 21 5,266,656 232,933 5,499,589 Capital Projects 22 62,229,926 17,981,786 80,211,712 Total Government Activities Expenditures 23 125,269,042 20,005,418 145,274,460 Business Type / Enterprises 24 54,568,436 2,200,070 56,768,506 Total Gov Activities & Business Expenditures 25 179,837,478 22,205,488 202,042,966 Transfers Out 26 49,367,543 1,070,576 50,438,119 Total Expenditures/Transfers Out 27 229,205,021 23,276,064 252,481,085 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -17,922,320 -21,246,889 -39,169,209 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 33,864,516 31,263,536 65,128,052 Ending Fund Balance June 30 31 15,942,196 10,016,647 25,958,843 th Passed this 4 day of May, 2009 Roy D. Buol, Mayor Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, May 4, 2009 167 Upon motion the rules were reinstated li-requirement that a proposed ordinance be miting discussion to the City Council. considered and voted on for passage at two Council meetings prior to the meeting at which ACTION ITEMS it is to be passed be suspended. Seconded by Jones. Motion carried 6-1 with Lynch voting Request to Address the City Council: nay. Communication from Cindy Iwasaki, 560 Hill Motion by Connors for final consideration Street, requesting to address the City Council and passage of Ordinance No. 25-09 Amend- regarding a fallen retaining wall. Motion by ing Chapter 41, Streets, Sidewalks and Public Connors to receive and file the document. Places, of the City of Dubuque Code of Ordin- Seconded by Jones. Ms. Iwasaki spoke re-ances by changing Subsection (a) and (b) and questing assistance from the City regarding a adding a new Subsection 41-100(c) authoriz- fallen retaining wall from an adjacent home ing City Manager to review appeals. Seconded behind her property stating that the owner by Braig. Motion carried 6-1 with Lynch voting cannot afford to repair the wall, and it has be-nay. come a safety issue. Following Council dis- OFFICIAL PUBLICATION cussion, Van Milligen stated that the City will ORDINANCE NO. 25-09 only assist private property owners when the AMENDING CHAPTER 41, STREETS, SI- issue involves the public right-of-way, and that DEWALKS AND PUBLIC PLACES, OF THE providing assistance would create a new policy CITY OF DUBUQUE CODE OF ORDIN- and a major financial impact on the City. In ANCES BY CHANGING SUBSECTION (a) summary, Mayor Buol stated that the City can- AND (b) AND ADDING A NEW SUBSEC- not take on private sector issues using tax TION 41-100(c) AUTHORIZING CITY MAN- dollars. Motion carried 7-0. AGER TO REVIEW APPEALS Citizen Communication: Communication NOW, THEREFORE, BE IT ORDAINED from Beth Shank regarding the Keyline bus BY THE CITY COUNCIL OF THE CITY OF route and speed limit on Dove Street. Ms. DUBUQUE, IOWA: Shank was not in attendance. Motion by Con-That Art. V, Section 41-100 of the Code of nors to receive and file the communication. Ordinances, City of Dubuque, is amended by Seconded by Voetberg. Motion carried 7-0. changing subsections (a) and (b) and by add- ing subsection (c): Police Department Organizational Supervi-Section 41-100. Installation sion Realignment: City Manager recommend-(a) The owner of any lot or par- ing approval of organizational supervision rea-cel in any area of the city, whether lignment for the Police Department, which in-such lot or parcel is residential, com- volves the creation and elimination of some mercial, or industrial, that abuts upon civil service positions. Motion by Connors to any improved public street that has receive and file the documents and approve curb and gutter shall, at the owner’s the recommendation. Seconded by Lynch. cost, install sidewalk on such lot or Motion carried 7-0. parcel when said lot or parcel is de- veloped or redeveloped or at the di- 2009 Art on the River: Arts and Cultural Af-rection of City Council. For purposes fairs Advisory Commission requesting City of this paragraph, development or re- Council approval of the selection of artwork for development means any improve- the 2009 Art on the River competition. Motion ment that requires a building permit, by Connors to receive and file the documents site plan approval, and changes the and approve the selection. Seconded by footprint of the structure. Lynch. Motion carried 7-0. (b) The City Manager shall make the initial review of appeal and Washington Neighborhood Development may approve, deny or forward to City Corporation (WNDC): City Manager recom-Council for their action. mending approval of the reallocation of (c) This ordinance shall take ef- $100,000 from the Homeownership Grants to fect on publication. th fund the activities of the Washington Neigh-Passed, approved, and adopted this 4 borhood Development Corporation. Motion by day of May, 2009. Jones to receive and file the documents and /s/Roy D. Buol, Mayor approve the recommendation. Seconded by Attest: Voetberg. Motion carried 7-0. /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Sidewalk Installation Program (First Read-Newspaper the 8 day of May, 2009. ing on April 20, 2009): Motion by Connors to /s/Jeanne F. Schneider, CMC, City Clerk receive and file the documents and that the 168 Regular Session, May 4, 2009 Book 139 Downtown Parking Ramp Site Selection Development Code be scheduled for Monday, Recommendation: City Manager recommend-May 11; Wednesday, May 27; Monday, June ing that the City Council select the site of a 8; and Monday, June 29. Motion by Jones to new downtown parking ramp. Motion by Con-receive and file the documents and approve nors to receive and file the documents and the recommended dates. Seconded by Voet- th select the two-site option (10 and Iowa berg. Braig stated that she is not available for th Streets / 5 and Bluff Streets). Seconded by the June 8 session. Lynch stated that he is not Braig. City Council discussion included con-available for the May 27 session. Van Milligen th cerns over the height of the ramp at the 5 and stated that dinner would be served at 5:00 Bluff Streets site, ramp proximity to both cur-p.m. with the work session starting at 5:30 rent and future businesses, street-level appeal p.m. Motion carried 7-0. th at the 5 and Main Streets site, funding sources and financial differences between the East / West Corridor Study Work Session options, secured bicycle parking, and project Date: City Manager recommending that a work timing. Motion carried 6-1 with Resnick voting session be scheduled for 5:00 p.m. on Mon- nay. day, July 20, 2009, to provide an update on the East – West Corridor Connectivity Study. Request for Proposals – Design of Down-Motion by Jones to receive and file the docu- town Parking Ramp: City Manager recom-ments and approve the recommended date. mending approval of the issuance of a Re-Seconded by Voetberg. Van Milligen stated quest for Proposals for engineering/design that dinner would be served at 4:30 p.m. with services required to design a new downtown the work session starting at 5:00 p.m. Motion parking ramp. Motion by Jones to receive and carried 7-0. file the documents and approve the recom- COUNCIL MEMBER REPORTS mendation adding bicycle parking to the design. Seconded by Connors. Motion carried 7-0. Jones reported that he had learned former H1N1 Influenza (Swine Flu) Update: City ISU nurse and friend Tania McClain was ill and Manager transmitting information regarding the thanked her for her work in helping to develop local response to the recent H1N1 (Swine Flu) the City’s Fire Department Paramedic Program Influenza outbreak. Motion by Lynch to receive in 1974. and file the report. Seconded by Braig. Public Health Specialist Mary Rose Corrigan provided There being no further business, upon mo- a verbal update stating that Governor Culver tion the City Council adjourned at 8:37 p.m. has declared a public health emergency, which aid in funding. Ten public information health /s/Jeanne F. Schneider, CMC advisories have been sent out in addition to an City Clerk infomercial and personal care programs placed on City Channel 8, and updates to the City’s website. Two health preparedness meet- ings have been held and a Joint Information Committee has been formed. Corrigan stated that there is one confirmed and seven proba- ble cases across Marshall, Johnson, Scott, and Polk Counties. The Iowa Department of Public Health is distributing antiviral medica- tion to counties and health care providers. The virus is a combination of human, avian, and swine viruses and has been given the name of Swine-Origin Influenza Virus. The virus is wide spread and health officials are keeping their guard up for the fall 2009 influenza season. Motion carried 7-0 Alcohol Civil Penalty Hearing – Tott’s Tap: City Manager submitting information regarding the alcohol civil penalty for Tott’s Tap. This item was added to the consent agenda upon settlement prior to the meeting. Unified Development Code Work Session Dates: City Manager recommending that a series of work sessions on the draft Unified Book 139 Special Sessions, May 11 & 18, 2009 169 CITY OF DUBUQUE, IOWA tions, suggestions, and discussion from City Council Members included: relationship to CITY COUNCIL Building Codes, appropriate wording exempt- OFFICIAL ing the City from regulation, fences within his- PROCEEDINGS toric districts, required setbacks for front and side yards, clarification on “substantially com- plete,” conditional-use permits for the keeping The Dubuque City Council met in special of hens, the impact of general lot size, con- session at 5:30 p.m. on May 11, 2009 in the sensus on narrow streets and sidewalks, a Historic Federal Building need for a walkable/bikeable community, ap- propriate language which allows for evolving Present: Mayor Buol, Council Members changes, Council’s right to grant waivers, Braig, Connors, Jones, Lynch, Resnick, Voet- home-based businesses, specific language berg; City Manager Van Milligen, Assistant related to places of religious exercise or as- City Attorney O’Brien sembly, off-street parking and storage of ve- hicles, and definitions for hospitals and Mayor Buol read the call and stated this is sports/recreation. a special session of the City Council to act upon such business that may properly come There being no further business, upon mo- before the City Council. tion the City Council adjourned at 6:52 p.m. WORK SESSION (1 of 4) /s/Jeanne F. Schneider, CMC Discussion regarding the City Clerk Unified Development Code Planning Services Manager Laura Cars- tens provided background information stating that the Unified Development Code combines CITY OF DUBUQUE, IOWA the City’s zoning, subdivision, historic preser- CITY COUNCIL vation, and sign regulations into one docu- ment. OFFICIAL Staff worked with the UDC Technical Advi- PROCEEDINGS sory Committee, which was comprised of City staff from Engineering, Economic Develop- ment, Housing and Community Development, The Dubuque City Council met in special and Building Services Departments. Staff also session at 5:00 p.m. on May 18, 2009 in the worked with citizens on the UDC Sign Review Historic Federal Building. Advisory Committee, the UDC Citizen Advisory Committee, the Zoning Advisory Commission, Present: Mayor Buol, Council Members the Environmental Stewardship Advisory Braig, Connors, Jones, Lynch, Resnick, Voet- Commission, and the Zoning Board of Adjust-berg, City Manager Van Milligen, City Attorney ment. Additionally, the Developer’s Roundtable Lindahl was invited to a series of UDC open houses, and sign contractors were invited to an open Mayor Buol read the call and stated this is house related to UDC sign section. a special session of the City Council to tour the The project objectives of the UDC are to: IBM Facilities in the Roshek Building.  conform to local, state, and federal John Gronen, Dawn Eikamp, and Jeff Mor- codes, ton of Gronen Properties, 1056 Main Street,  be relevant for Dubuque, and Dubuque Initiatives member Bill Callahan,  be user-friendly, 1398 Central Avenue, provided a guided tour  streamline the process. of the IBM facilities in the former Roshek Build- Staff has worked to draft a UDC that re- ing to view the progress of the construction duces obstacles and incorporates sustainable project and sustainability efforts currently un- design provisions. They will continue to review derway. sustainability in the existing zoning, subdivi- sion, and historic preservation codes as well There being no further business, upon mo- as in the proposed UDC. tion the City Council adjourned at 6:10 p.m. A slide presentation entitled “Sustainability in the City of Dubuque’s Existing Land Use /s/Kevin S. Firnstahl Codes and Proposed Unified Development Assistant City Clerk Code” was shown. City Council reviewed Articles 1-5 of the proposed Unified Development Code. Ques- 170 Regular Session, May 18, 2009 Book 139 CITY OF DUBUQUE, IOWA Upon motion the documents were received and filed. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Paula Nicholson for PROCEEDINGS vehicle damage; Larry A. Vogt for vehicle damage; Michael Haun for vehicle damage; Lakeesha Wheeler for property damage; Ter- The Dubuque City Council met in regular rance J. Reisdorf for personal injury; Clint Duf- session at 6:30 p.m. on May 18, 2009 in the fy, d/b/a Garrett Waterproofing, for expenses Historic Federal Building. incurred. Upon motion the documents were received and filed and referred to the City At- Present: Mayor Buol, Council Members torney. Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney City Attorney advising that the following Lindahl claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- Mayor Buol read the call and stated this is munities Assurance Pool: Michael Haun for a regular session of the City Council to act vehicle damage. upon such business that may properly come City Attorney recommending settlement of before the City Council. the claim of Paula Nicholson for vehicle dam- age. Pledge of Allegiance Upon motion the documents were received and filed and concurred. Invocation was provided by Jeff Fogle, As- sociate Pastor, Christ Church of Dubuque Fiscal Year 2010 Detailed Operating Budget for the Five Flags Center: City Manag- PROCLAMATIONS er recommending approval of the detailed Fis- cal Year 2010 operating budget for the Five Scoutreach Day (May 30, 2009) was ac- Flags Center as submitted by SMG. Upon mo- cepted by Colin Earl, 10601 Military Road, of tion the documents were received, filed, and the Northeast Iowa Council of the Boy Scouts approved. of America; Relay for Life Days (May 29 and 30, 2009) was accepted by Jodi Federspiel, 40 John White vs. City of Dubuque: City At- Nevada Street, and Phil Arensdorf, 3237 torney advising that the District Court has au- Brook Hollow Drive; National Tourism Month thorized the City to proceed with condemna- (May, 2009) was accepted by Keith Rahe, tion of property located at 409 Burch Street Convention and Visitor’s Bureau Director, owned by John White. Upon motion the docu- 30254 Golf Course Road, Dyersville; Kim ments were received and filed. Wadding Day (May 26, 2009) was accepted by Police Chief Kim Wadding, 770 Iowa Street. Assistance to Firefighter Grant: City Man- ager recommending approval of an Assistance CONSENT ITEMS to Firefighter Grant Program application to the U.S. Department of Homeland Security for Motion by Lynch to receive and file the public education, inspection and equipment documents, adopt the resolutions, and dispose funding. Upon motion the documents were of as indicated. Seconded by Braig. Motion received, filed, and approved. carried 7-0. th 11 Street Steps and Grove Terrace Re- Minutes and Reports Submitted: Arts and taining Wall Project: City Manager recom- Cultural Affairs Advisory Commission of 3/24; th mending acceptance of the 11 Street Steps Cable TV Teleprogramming Commission of and Grove Terrace Retaining Wall Project as 4/7; City Council of 5/1, 5/4 and 5/11; Civil completed by Portzen Construction, Inc. in the Service Commission of 3/31; Environmental final contract amount of $635,536.59. Upon Stewardship Advisory Commission of 5/5; His- motion the documents were received and filed toric Preservation Commission of 4/16; Hous- th and Resolution No. 152-09 Accepting the 11 ing Code Appeals Board of 10/21/08; Library Street Steps and Grove Terrace Retaining Board of 3/26 and 4/15; Long Range Planning Wall Project and authorizing the payment of Advisory Commission of 4/15; Transit Board of the contract amount to the contractor was Trustees of 3/28; Zoning Board of Adjustment adopted. of 4/23 Proofs of publication of City Council Pro- ceedings of April 20 and May 1, 2009 Book 139 Regular Session, May 18, 2009 171 RESOLUTION NO. 152-09 the amount of $1,627,113. Upon motion the TH ACCEPTING THE 11 STREET STEPS & documents were received and filed and Reso- GROVE TERRACE RETAINING WALL RE- lution No. 153-09 Authorizing the execution of CONSTRUCTION PROJECTAND AUTHO- an agreement with the Iowa Homeland Securi- RIZING THE PAYMENT OF THE CONTRACT ty and Emergency Management Division, as AMOUNT TO THE CONTRACTOR required for receiving Federal and State Ha- Whereas, the Public Improvement Contract zard Mitigation Grant Program Funding, for the th for the 11 Street Steps & Grove Terrace Re-sanitary sewer improvements associated with taining Wall Reconstruction Project (the the North Fork Catfish Creek Sanitary and Project) has been completed and the City En-Stormwater Drainage Improvements Project gineer has examined the work and filed a cer-was adopted. tificate stating that the Project has been com- RESOLUTION NO. 153-09 pleted according to the terms of the Public AUTHORIZING THE EXECUTION OF AN Improvement Contract and that the City Engi- AGREEMENT WITH THE IOWA HOMELAND neer recommends that the Project be ac- SECURITY AND EMERGENCY MANAGE- cepted; and MENT DIVISION AS REQUIRED FOR RE- NOW THEREFORE, BE IT RESOLVED CEIVING FEDERAL AND STATE HAZARD BY THE CITY COUNCIL OF THE CITY OF MITIGATION GRANT PROGRAM FUNDING DUBUQUE, IOWA: FOR THE SANITARY SEWER IMPROVE- Section 1. The recommendation of the City MENTS ASSOCIATED WITH THE NORTH Engineer is approved and the Project is hereby FORK CATFISH CREEK SANITARY AND accepted. STORMWATER DRAINAGE IMPROVE- Section 2. The Finance Director is hereby MENTS PROJECT directed to pay to the Contractor from the Grove Terrace Retaining Wall Capital Im-Whereas, the sanitary sewer improve- provement Project and Historic Preservation ments associated with the North Fork Catfish Funds appropriation for the contract amount of Creek Sanitary and Stormwater Drainage Im- $635,536.59 less any retained percentage provements Project are eligible activities for provided for therein as provided in Iowa Code Hazard Mitigation Grant Program (HMGP) chapter 573, and to pay such retainage only in funding. accordance with the provisions of Iowa Code Whereas, upon the Iowa Homeland Securi- chapter 573. ty & Emergency Management Division’s invita- th Passed, approved and adopted this 18 tion, the City applied for the funds. day of May, 2009. Whereas, the HMGP requires fifteen per- Roy D. Buol, Mayor cent (15%) local matching funds. Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the City Council passed Resolu- tion 506-07 establishing that the City agrees to CITY ENGINEER’S CERTIFICATE OF FINAL allocate the required local matching funds. TH COMPLETION OF THE 11 STREET STEPS Whereas, the Iowa Homeland Security & & GROVE TERRACE RETAINING WALL Emergency Management Division provided a RECONSTRUCTION PROJECT project grant agreement (Agreement) awarding The undersigned City Engineer of the City HMGP funds for the project. of Dubuque, Iowa, hereby certifies that he has Whereas, the Agreement requires that the th inspected the 11 Street Steps & Grove Ter-City pass a resolution assuring that the City is race Retaining Wall Reconstruction Project, participating, and will continue to participate, in that the Project has been performed in com-the National Flood Insurance Program. pliance with the terms of the Public Improve-Whereas the City currently participates in ment Contract, and that the total cost of the the National Flood Insurance Program. completed work is $704,675.25. NOW THEREFORE, BE IT RESOLVED Dated this 14th day of May, 2009. BY THE CITY COUNCIL OF THE CITY OF Gus Psihoyos, City Engineer DUBUQUE, IOWA: th Filed in the office of the City Clerk on the 14 Section 1. The Mayor is hereby authorized day of May, 2009. to sign the Project Grant Agreement provided Jeanne F. Schneider, CMC, City Clerk by the Iowa Homeland Security & Emergency Management Division. North Fork Catfish Creek Interceptor Sew-Section 2. The City Manager is hereby au- er Project Grant Agreement: City Manager thorized to act as the City’s Authorized Repre- recommending approval to enter into an sentative and hereby authorized to sign the agreement with the Iowa Department of Ho-Project Grant Agreement provided by the Iowa meland Security and Emergency Management Homeland Security & Emergency Manage- Division, as required for receiving federal and ment Division. state funding, for the City’s North Fork Catfish Creek Sanitary Sewer Improvements Project in 172 Regular Session, May 18, 2009 Book 139 RESOLUTION NO. 155-09 Section 3. That the City of Dubuque agrees ADOPTING TRI-STATE AREA INTEGRATED to continue to participate in the National Flood WALKING, BIKING, HIKING NETWORK Insurance Program. th PLAN. Passed, approved and adopted this 18 day of May, 2009. Whereas, the Dubuque Metropolitan Area Roy D. Buol, Mayor Transportation Study (DMATS) Policy Commit- Attest: Jeanne F. Schneider, CMC, City Clerktee has adopted the Tri-State Area Integrated Walking, Biking, Hiking Network Plan; and Amendment to UDAG Loan – Dubuque Whereas, the City of Dubuque has adopted Nursery and Landscaping: City Manager re-a Comprehensive Plan with goals and objec- commending approval of an extension of the tives for a community wide hike-bike network $20,000 loan balance payment due from Du-consistent with the Tri-State Area Integrated buque Nursery and Landscaping to December, Walking, Biking, Hiking Network Plan; and 2009. Upon motion the documents were re-Whereas, the Tri-State Area Integrated ceived and filed and Resolution No. 154-09 Walking, Biking, Hiking Network Plan supports Amending Loan Agreement with Dubuque federal, state, and private partnerships and Nursery and Landscaping was adopted. funding opportunities for a community wide hike-bike network. RESOLUTION NO. 154-09 NOW THEREFORE, BE IT RESOLVED AMENDING LOAN AGREEMENT WITH DU- BY THE CITY COUNCIL OF THE CITY OF BUQUE NURSERY AND LANDSCAPE DUBUQUE, IOWA: Whereas, Dubuque Nursery and Land-Section 1. That the City Council does he- scape operates a business at 2813 Jackson reby adopt the Tri-State Area Integrated Walk- Street, and ing, Biking, Hiking Network Plan as being con- Whereas, the City of Dubuque approved sistent with the 2008 Dubuque Comprehensive an Urban Development Action Grant (UDAG) Plan. th loan to Dubuque Nursery and Landscape on Passed, approved and adopted this 18 April 5, 2004; day of May, 2009. Whereas, the Company has requested an Roy D. Buol, Mayor extension on repayment of the loan; Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Roshek Building / IBM Redevelopment DUBUQUE, IOWA: Project: City Manager recommending approval Section 1. That the amendment to the of a Form of Notice and Consent Agreement Loan Agreement by and between the City of by and among the City, Dubuque Bank & Dubuque, and the Dubuque Nursery and Trust, Dubuque Initiatives and Roshek Building Landscape attached hereto is hereby ap-Investment Fund, LLC involving the Roshek proved. Building/IBM Redevelopment Project. Upon Section 2. That the City Manager is autho-motion the documents were received and filed rized to execute, on behalf of the City of Du-and Resolution No. 156-09 Approving and buque, Iowa, said Loan Agreement in substan-authorizing execution of a Notice and Consent tially the form attached hereto, but with such Agreement by and among the City, Dubuque changes as the City Manager, with the assis-Bank & Trust, Dubuque Initiatives and Roshek tance of the Corporation Counsel, find to be Building Investment Fund, LLC, was adopted. appropriate, the City Manager’s execution the- RESOLUTION NO. 156-09 reof to constitute this City Council's approval of APPROVING AND AUTHORIZING EXECU- said Loan Agreement. TION OF A NOTICE AND CONSENT Passed, approved and adopted this 18th AGREEMENT BY AND AMONG THE CITY day of May, 2009. OF DUBUQUE, IOWA, DUBUQUE BANK & Roy D. Buol, Mayor TRUST COMPANY, DUBUQUE INITIATIVES, Attest: Jeanne F. Schneider, City Clerk AND ROSHEK BUILDING INVESTMENT FUND, LLC Tri-State Area Trail Plan: City Manager re- commending adoption of the Tri-State Area WHEREAS, in connection with the rehabili- Integrated Walking, Biking, Hiking Network tation, renovation and improvement of of- Plan. Upon motion the documents were re-fice/retail space in the Roshek Building located ceived and filed and Resolution No. 155-09 generally at 700 Locust Street, Dubuque, Adopting the Tri-State Integrated Walking, Iowa, the City of Dubuque (“City”) and other Biking, Hiking Network Plan was adopted. parties intend to enter into various agreements for the purpose of facilitating the use of historic tax credits and new market tax credits in con- junction with that project; and Book 139 Regular Session, May 18, 2009 173 WHEREAS, a form of Notice and Consent Agreement (the “Agreement”) has been pre-Alcohol Compliance – Civil Penalty for Al- pared for the purpose of ensuring that the City cohol License Holder: City Manager recom- receives certain notices and has certain rights mending approval of the Acknowledge- of consent in connection the various agree-ment/Settlement Agreement for a first offense ments to be entered into; and alcohol compliance violation for The Club WHEREAS, the Council has determined House, 2364 Washington Street. Upon motion that the Agreement is in the best interests of the documents were received, filed, and ap- the City and the residents thereof. proved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Legislative Correspondence: Correspon- DUBUQUE, IOWA: dence to Congressman Braley, Senator Grass- Section 1. That the form and content of the ley and Senator Harkin thanking them for their Agreement, the provisions of which are incor-support of the Energy Efficiency and Conser- porated herein by reference, be and the same vation Block Grant recently funded through the hereby are in all respects authorized, ap-American Reinvestment and Recovery Act. proved and confirmed, and the Mayor and the Upon motion the documents were received City Clerk be and they hereby are authorized, and filed. empowered and directed to execute, attest, seal and deliver the same for and on behalf of Liquor License Transfer: Request of the the City in substantially the form and content Rotary Club of Dubuque to transfer their liquor now before this meeting, but with such license to A.Y. McDonald Park on June 10, changes, modifications, additions or deletions 2009. Upon motion the documents were re- therein as may be approved by such officers ceived, filed, and approved. upon the advice of the City Attorney, and that from and after the execution and delivery of Liquor License Refunds: Request of John the Agreement, the Mayor and the City Clerk Murphy, Pizza Hut of America, Inc., for a re- are hereby authorized, empowered and di-fund of the Beer and Liquor Licenses for Pizza th rected to do all such acts and things and to Hut at 320 East 20 Street and 2075 John F. execute all such documents as may be neces-Kennedy Road. Upon motion the documents sary to carry out and comply with the provi-were received, filed, and the refunds ap- sions of the Agreement as executed. proved. Passed and approved this 18th day of May, 2009. Signed Contracts: Parking Ramp Soil Roy D. Buol, Mayor Agreement between WC Stewart Construction Attest: Jeanne F. Schneider, CMC, City Clerk and City of Dubuque. Upon motion the docu- ments were received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Liquor License Applications: City Manager Cable TV Tele-Programming Commission rec-recommending approval of annual liquor li- ommendation for funding from the Public, cense renewals as submitted. Upon motion the Educational, and Government (PEG) Capital documents were received and filed and Reso- Grant for Access Equipment and Facilities in lution No. 157-09 Granting the issuance of a the amount of $11,500 for an encoding station Class “B” Beer Permit (5-Day Special Event) to for the Mediacom public access facility. Upon Catfish Festival and a Class “C” Beer Permit to motion the documents were received, filed, Cedar Cross Amoco, Hy-Vee Wine and Spirits, and approved. Hartig Drug #2, Pioneer’s Rest Area and Awn Stop Mart #2; and Resolution No. 158-09 Wetlands Monitoring Project: City Manager Granting the issuance of a Class “A” Liquor recommending approval of the selection of License to Dubuque Golf and Country Club; Griggs Environmental Strategies to monitor the Class “C” Beer/Liquor License to Tott’s Tap, newly created wetlands at the Dubuque Indus-Easy Street, Denny’s Lux Club, Five Flags trial Center West. Upon motion the documents Center, 180 Main Street, Silver Dollar Cantina, were received, filed, and approved. Bar-X, Bootleggers Pub and Kalmes Break- Dubuque Drum and Bugle Corps: Commu-time; Class “B” Wine to Hy-Vee Wine and Spi- nication from Greg Orwoll, Executive Director rits, Hartig Drug #2, Oh La La, and Church of – Dubuque Drum and Bugle Corps, regarding the Resurrection; Class “WBN” Native Wine the annual Music on the March and requesting Permit to Big 10 Mart; and Special Class “C” an exemption from the noise ordinance and Liquor (Five-Day Special Event) License to residential parking permit district around Se-Music n More and Dubuque Jaycees (two nior High School on June 30 and July 31, events) were adopted. 2009. Upon motion the document was re- ceived, filed, and approved. 174 Regular Session, May 18, 2009 Book 139 RESOLUTION NO. 157-09 Denny’s Lux Club, Denny’s Lux Whereas, applications for Beer Permits Club+(Sunday Sale), 3050 Asbury Road have been submitted and filed to this Council SMG Food & Beverage, LLC, Five Flags for approval and the same have been ex-Center+(Sunday Sale), 405 Main Street amined and approved: and Miller Enterprises, l80 Main Street Whereas, the premises to be occupied by +(Sunday/Outdoor Sale), 180 Main Street such applicants were inspected and found to BHW, LLC, Silver Dollar Cantina+(Sunday comply with the Ordinances of the City and Sale), 342 Main Street have filed proper bonds. Linda Kay Atkinson, Bar-X +(Sunday Sale), NOW, THEREFORE, BE IT RESOLVED 2616 Windsor Avenue BY THE CITY COUNCIL OF THE CITY OF Bootleggers Pub, Inc., Bootleggers Pub DUBUQUE, IOWA: +(Outdoor Sale), 1689 Elm Street That the Manager be authorized to cause Kalmes Brothers, LLC, Kalmes Breaktime to be issued the following named applicants a (1 Day Outdoor Sale), 1097 Jackson Beer Permit. CLASS “B” WINE CLASS “B” BEER PERMIT (5-DAY SPECIAL Hy-Vee, Inc., Hy-Vee Wine & Spirits, 3500 EVENT) Dodge Street Dubuque Catfish Festival, Catfish Festiv-Hartig Drug, Co., Hartig Drug Co #2, 157 al+(Sunday Sale), McDonald Park Locust Street CLASS “C” BEER PERMIT Creative Touch Gallery Inc., Oh La La, LB Metcalf, Inc., Cedar Cross Amoco 3460 Hillcrest Road +(Sunday Sale), 1200 Cedar Cross Road Church of the Resurrection, Church of the Hy-Vee Inc., Hy-Vee Wine & Spirits Resurrection, 4300 Asbury Road +(Sunday Sale), 3500 Dodge Street CLASS “WBN” NATIVE WINE Hartig Drug Co, Inc., Hartig Drug Co. #2 Molo Oil Company, Big 10 Mart, 2100 JFK +Sunday Sale), 157 Locust Street Road Pioneer’s Restaurant Area, LLP, Pioneer’s SPECIAL CLASS “C” LIQUOR Restaurant Area +(Sunday Sale), 4900 Old (5-DAY SPECIAL EVENT) Highway Road Music n More, Music n More (5-22-09), Awn Stop Mart, Inc., Awn Stop Mart #2 Town Clock Plaza +(Sunday Sale), 1401 Central Avenue Dubuque Jaycees, Dubuque Jaycees (6- th Passed, approved and adopted this 18 18-09), Town Clock Plaza day of May, 2009. Dubuque Jaycees, Dubuque Jaycees, Roy D. Buol, Mayor McGraw Hill Parking Lot Attest: Jeanne F. Schneider, CMC, City ClerkPassed, approved and adopted this 18th day of May, 2009. RESOLUTION NO. 158-09 Roy D. Buol, Mayor Whereas, applications for Liquor Licenses Attest: Jeanne F. Schneider, CMC, City Clerk have been submitted to this Council for ap- ITEMS TO BE SET FOR PUBLIC HEARING proval and the same have been examined and approved; and Whereas, the premises to be occupied by Motion by Lynch to receive and file the such applicants were inspected and found to documents, adopt the resolutions, set the pub- comply with the State Laws and all City Ordin-lic hearings as indicated, and direct the City ances relevant thereto and they have filed Clerk to publish notice as prescribed by law. proper bonds. Seconded by Voetberg. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Green Alley Pilot Project – Alley between thth DUBUQUE, IOWA: Jackson and White Streets from 11 to 13 That the Manager be authorized to cause Streets: City Manager recommending initiation to be issued the following named applicants a of the public bidding process for the Green Liquor License. Alley Pilot Project – Alley between Jackson thth CLASS “A” LIQUOR LICENSE and White Streets from 11 to 13 Streets and Dubuque Golf & Country Club, Dubuque Golf that a public hearing be set for June 1, 2009. & Country Club+(Sunday/Outdoor Sale), 1800 Upon motion the documents were received Randall Place and filed and Resolution No. 159-09 Prelimi- CLASS “C” BEER/LIQUOR LICENSE nary approval of plans, specifications, form of Tott’s Tap, Tott’s Tap +(Sunday Sale), contract, and estimated cost; setting date of 3457 Jackson Street public hearing on plans, specifications, form of Easy Street, Easy Street contract, and estimated cost; and ordering the +(Sunday/Outdoor Sale), 431 Rhomberg Ave-advertisement for bids for the Green Alley Pilot nue Project – Alley between Jackson and White thth Streets from 11 to 13 Streets; Resolution Book 139 Regular Session, May 18, 2009 175 th No. 160-09 Approving the plat, schedule of before 2:00 p.m. on the 4 day of June, 2009. assessments and estimate of total cost and Bids shall be opened and read by the City setting date of public hearing on Resolution of Clerk at said time and will be submitted to the Necessity; and Resolution No. 161-09 Resolu-City Council for final action at 6:30 p.m. on the th tion of Necessity were adopted setting a public 15 day of June, 2009, in the Historic Federal hearing for a meeting to commence at 6:30 Building Council Chambers (second floor), 350 th p.m. on June 1, 2009 in the Historic Federal West 6 Street, Dubuque, Iowa. th Building. Passed, adopted and approved this 18 day of May, 2009. RESOLUTION NO. 159-09 Roy D. Buol, Mayor GREEN ALLEY PILOT PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk THTH (11 – 13 BETWEEN WHITE & JACKSON STREETS) RESOLUTION NO. 160-09 PRELIMINARY APPROVAL OF PLANS, GREEN ALLEY PILOT PROJECT THTH SPECIFICATIONS, FORM OF CONTRACT, (11 – 13 BETWEEN WHITE & JACKSON AND ESTIMATED COST; SETTING DATE STREETS) OF PUBLIC HEARING ON PLANS, SPECI-APPROVING THE PLAT, SCHEDULE OF FICATIONS, FORM OF CONTRACT, AND ASSESSMENTS AND ESTIMATE OF TOTAL ESTIMATED COST; AND ORDERING THE COST AND SETTING DATE OF PUBLIC ADVERTISEMENT FOR BIDS HEARING ON RESOLUTION OF NECESSI- TY NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE Whereas, the proposed Resolution of Ne- CITY OF DUBUQUE, IOWA: cessity for the Project has been introduced for The proposed plans, specifications, form of the Project. contract and estimated cost for the Green Al-NOW THEREFORE,BE IT RESOLVED thth ley Pilot Project (11 – 13 between White & BY THE CITY COUNCIL OF THE CITY OF Jackson Streets), in the estimated amount DUBUQUE, IOWA: $302,374.97, are hereby preliminarily ap-The attached plat, schedule of assess- proved and ordered filed in the office of the ments, and estimate of total cost for the Green thth City Clerk for public inspection. Alley Pilot Project (11 – 13 between White st A public hearing will be held on the 1 day and Jackson Streets) and the proposed Reso- of June, 2009, at 6:30 p.m. in the Historic Fed-lution of Necessity are hereby approved and eral Building Council Chambers at which time ordered placed on file in the Office of the City interested persons may appear and be heard Clerk. st for or against the proposed plans and specifi-The City Council will meet on the 1 day of cations, form of contract and estimated cost of June, 2009, at 6:30 o’clock p.m. at the Historic said Project, and the City Clerk be and is he-Federal Building Council Chambers (second th reby directed to cause the attached notice of floor), 350 West 6 Street, Dubuque, Iowa, at the time and place of such hearing to be pub-which time the owners of property subject to lished in a newspaper having general circula-assessment for the proposed improvement or tion in the City of Dubuque, Iowa, which notice any other person having an interest in the mat- shall be published not less than four days nor ter may appear and be heard for or against the more than twenty days prior to the date of making of the improvement, the boundaries of such hearing. At the hearing, any interested the district, the cost, the assessment against person may appear and file objections to the any lot, or the final adoption of a resolution of proposed plans, specifications, form of con-necessity. tract, or estimated cost of the Project. A property owner will be deemed to have thth The Green Alley Pilot Project (11 – 13 waived all objections unless at the time of between White & Jackson Streets) is hereby hearing the property owner has filed objections ordered to be advertised for bids for construc-with the City Clerk. tion. The City Clerk be and is hereby authorized The amount of the security to accompany and directed to cause the attached notice of each bid shall be in an amount which shall the time and place of such hearing to be pub- conform to the provisions of the Notice to Bid-lished in a newspaper having general circula- ders hereby approved. tion in the City of Dubuque, Iowa, which notice The City Clerk is hereby directed to adver-shall be published once each week for two tise for bids for the construction of the im-consecutive weeks, the first publication of provements herein provided, by publishing the which shall be not less than ten days prior to attached Notice to Bidders to be published in a the day fixed for its consideration. th newspaper having general circulation in the Passed, approved and adopted this 18 City of Dubuque, Iowa, which notice shall be day of May, 2009. published not less than four but not more than Roy D. Buol, Mayor forty-five days before the date for filing bids Attest: Jeanne F. Schneider, CMC, City Clerk 176 Regular Session, May 18, 2009 Book 139 RESOLUTION NO. 161-09 lic hearing be set for June 1, 2009. Upon mo- RESOLUTION OF NECESSITY FOR THE tion the documents were received and filed GREEN ALLEY PILOT PROJECT and Resolution No. 162-09 Preliminary ap- THTH (11 – 13 BETWEEN WHITE & JACKSON proval of plans, specifications, form of con- STREETS) tract, and estimated cost; setting date of public Whereas, the plat, schedule of assessments, hearing on plans, specifications, form of con- and estimate of total cost for the Green Alley tract, and estimated cost; and ordering the thth Pilot Project (11 – 13 between White and advertisement for bids for the Eagle Point Trol- Jackson Streets) have been duly prepared and ley Line Trail Project was adopted setting a approved by the City Council of the City of public hearing for a meeting to commence at Dubuque and ordered placed on file in the 6:30 p.m. on June 1, 2009 in the Historic Fed- office of City Clerk. eral Building. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 162-09 THE CITY COUNCIL OF THE CITY OF DU- TROLLEY LINE TRAIL – EAGLE POINT BUQUE, IOWA: PARK PROJECT Reconstruction of two existing asphalt al- thth PRELIMINARY APPROVAL OF PLANS, leys from 11 Street to 13 Street between SPECIFICATIONS, FORM OF CONTRACT, White and Jackson Street. Street surface will AND ESTIMATED COST; SETTING DATE be interlocking concrete pavers in the alley th OF PUBLIC HEARING ON PLANS, SPECI- between 11 and 12th streets and porous as- thth FICATIONS, FORM OF CONTRACT, AND phalt in the alley between 12 and 13 streets. ESTIMATED COST; AND ORDERING THE There is an alternate to re-use existing salvage ADVERTISEMENT FOR BIDS pavers for one of the alleys. Reconstruction will also include: sanitary NOW THEREFORE, BE IT RESOLVED sewer manholes; watermain; and replacement BY THE CITY COUNCIL OF THE CITY OF of private water services if lead. DUBUQUE, IOWA: There is on file in the office of the City The proposed plans, specifications, form of Clerk an estimated total cost of the work, and contract and estimated cost for the Trolley Line a preliminary plat and schedule showing the Trail – Eagle Point Park Project, in the esti- amount proposed to be assessed to each lot mated amount $242,309.99, are hereby preli- for the improvement. minarily approved and ordered filed in the of- The date, time, and place the council will fice of the City Clerk for public inspection. st hear property owners subject to the assess-A public hearing will be held on the 1 day ment and interested parties for or against the of June, 2009, at 6:30 p.m. in the Historic Fed- improvement, its cost, the assessment, or the eral Building Council Chambers at which time boundaries of the district: interested persons may appear and be heard The City Council deems it advisable and for or against the proposed plans and specifi- necessary for the public welfare to make the cations, form of contract and estimated cost of herein mentioned improvements. said Project, and the City Clerk be and is he- Unless a property owner files objections reby directed to cause the attached notice of with the City Clerk at the time of hearing on the the time and place of such hearing to be pub- resolution of necessity, the property owner is lished in a newspaper having general circula- deemed to have waived all objections pertain-tion in the City of Dubuque, Iowa, which notice ing to the regularity of the proceeding and the shall be published not less than four days nor legality of using the special assessment pro-more than twenty days prior to the date of cedure. such hearing. At the hearing, any interested Said improvements shall be constructed in person may appear and file objections to the accordance with the plans and specifications proposed plans, specifications, form of con- which have been approved by the City Council tract, or estimated cost of the Project. and are now on file in the Office of the City The Trolley Line Trail – Eagle Point Park Clerk. The cost of making such improvement Project is hereby ordered to be advertised for will be assessed against property lying with the bids for construction. assessment limits. The amount of the security to accompany The above resolution was introduced, ap-each bid shall be in an amount which shall proved and ordered placed on file with the City conform to the provisions of the Notice to Bid- th Clerk this 18 day of May, 2009. ders hereby approved. Roy D. Buol, Mayor The City Clerk is hereby directed to adver- Attest: Jeanne F. Schneider, CMC, City Clerk tise for bids for the construction of the im- provements herein provided, by publishing the Trolley Line Trail – Eagle Point Park attached Notice to Bidders to be published in a Project: City Manager recommending initiation newspaper having general circulation in the of the public bidding process for the Eagle City of Dubuque, Iowa, which notice shall be Point Trolley Line Trail Project and that a pub-published not less than four but not more than Book 139 Regular Session, May 18, 2009 177 forty-five days before the date for filing bids shall be published not less than four days nor th before 2:00 p.m. on the 4 day of June, 2009. more than twenty days prior to the date of Bids shall be opened and read by the City such hearing. At the hearing, any interested Clerk at said time and will be submitted to the person may appear and file objections to the City Council for final action on June 15, 2009, proposed plans, specifications, form of con- in the Historic Federal Building Council Cham-tract, or estimated cost of the Project. th bers (second floor), 350 West 6 Street, Du-The North Fork Catfish Creek Stormwater buque, Iowa. and Sanitary Sewer Project – Phase I is here- th Passed, adopted and approved this 18 by ordered to be advertised for bids for con- day of May, 2009. struction. Roy D. Buol, Mayor The amount of the security to accompany Attest: Jeanne F. Schneider, CMC, City Clerk each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- North Fork Catfish Creek Sanitary Sewer ders hereby approved. Project – Phase I: City Manager recommend-The City Clerk is hereby directed to adver- ing initiation of the public bidding process for tise for bids for the construction of the im- the North Fork Catfish Creek Sanitary Sewer provements herein provided, by publishing the Project – Phase I and that a public hearing be attached Notice to Bidders to be published in a set for June 1, 2009. Upon motion the docu-newspaper having general circulation in the ments were received and filed and Resolution City of Dubuque, Iowa, which notice shall be No. 163-09 Preliminary approval of plans, spe-published not less than four but not more than cifications, form of contract, and estimated forty-five days before the date for filing bids th cost; setting date of public hearing on plans, before 2:00 p.m. on the 9 day of June, 2009. specifications, form of contract, and estimated Bids shall be opened and read by the City cost; and ordering the advertisement for bids Clerk at said time and will be submitted to the for the North Fork Catfish Creek Sanitary City Council for final action at 6:30 p.m. on the th Sewer Project – Phase I was adopted setting a 15 day of June, 2009, in the Historic Federal public hearing for a meeting to commence at Building Council Chambers (second floor), 350 th 6:30 p.m. on June 1, 2009 in the Historic Fed-West 6 Street, Dubuque, Iowa. th eral Building. Passed, adopted and approved this 18 day of May, 2009. RESOLUTION NO. 163-09 Roy D. Buol, Mayor NORTH FORK CATFISH CREEK Attest: Jeanne F. Schneider, CMC, City Clerk STORMWATER AND SANITARY SEWER PROJECT – PHASE I BOARDS/COMMISSIONS PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, Appointments to the following AND ESTIMATED COST; SETTING DATE Boards/Commissions: Electrical Code Board: OF PUBLIC HEARING ON PLANS, SPECI- Two 3-year terms through May 21, 2012 FICATIONS, FORM OF CONTRACT, AND (Terms of Schmidt and Uhlrich) (Electrical Ex- ESTIMATED COST; AND ORDERING THE perience/Background requirement). Appli- ADVERTISEMENT FOR BIDS cants: Bob Schmidt, 2184 Orchard Drive; Paul NOW THEREFORE, BE IT RESOLVED Uhlrich, 489 Olympic Heights Road. Motion by BY THE CITY COUNCIL OF THE CITY OF Connors to appoint Bob Schmidt and Paul DUBUQUE, IOWA: Uhlrich to the Electrical Code Board for 3-year The proposed plans, specifications, form of terms through May 21, 2012. Seconded by contract and estimated cost for the North Fork Voetberg. Motion carried 7-0. Catfish Creek Stormwater and Sanitary Sewer PUBLIC HEARINGS Project – Phase I, in the estimated amount $1,318,739.68, are hereby preliminarily ap- proved and ordered filed in the office of the Upon motion the rules were suspended al- City Clerk for public inspection. lowing anyone present to address the City st A public hearing will be held on the 1 day Council. of June, 2009, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time Locust Street Sidewalk and Traffic Signal thth interested persons may appear and be heard Installation – 8 to 12 Street Project: Proof of for or against the proposed plans and specifi-publication on notice of public hearing to con- cations, form of contract and estimated cost of sider the plans, specifications, form of con- said Project, and the City Clerk be and is he-tract, and estimated cost for the Locust Street th reby directed to cause the attached notice of Sidewalk and Traffic Signal Installation – 8 to th the time and place of such hearing to be pub-12 Street Project and City Manager recom- lished in a newspaper having general circula-mending approval. Motion by Jones to receive tion in the City of Dubuque, Iowa, which notice and file the documents and adopt Resolution 178 Regular Session, May 18, 2009 Book 139 RESOLUTION NO. 165-09 No. 164-09 Approving plans, specifications, ESTABLISHING THE FAIR MARKET VALUE form of contract, and estimated cost for the OF REAL PROPERTY AT 502-504 RHOM- Locust Street Sidewalk and Traffic Signal In- thth BERG AVENUE, DUBUQUE, IOWA, OWNED stallation – 8 to 12 Street Project. Seconded BY MICHAEL LINDAUER AND DONNA LIN- by Connors. In response to questions by City DAUER Council, City Engineer Gus Psihoyos and Civil Engineer Dave Ness informed the City Council WHEREAS, Michael Lindauer and Donna that this project was taking advantage of a Lindauer (Owners) are the owners of the real tight timeline in advance of an Iowa DOT property at 502-504 Rhomberg Avenue legally project in the same area and did not include described as follows (the Property): th plans for 6 and Locust Streets. Staff agreed Lot 19 and the Northeasterly 8 feet 2 to include that intersection as part of an up-inches of Lot 20, in Smedleys Subdivi- coming study relative to parking ramp devel-sion in the City of Dubuque, Iowa, ac- th opment at the intersection of 5 and Bluff cording to the recorded plats thereof; Streets. Motion carried 7-0. and WHEREAS, the City of Dubuque (City) in- RESOLUTION NO. 164-09 tends to acquire the Property for the Bee APPROVAL OF PLANS, SPECIFICATIONS, Branch Creek Restoration Project; and FORM OF CONTRACT, AND ESTIMATED WHEREAS, Iowa law requires that City COST FOR THE LOCUST STREET SIDE- must make a good faith effort to negotiate with WALK AND TRAFFIC SIGNAL PROJECT, Owners to purchase the Property before pro- THTH 8 TO 12 STREET ceeding with condemnation; and NOW THEREFORE, BE IT RESOLVED WHEREAS, City may not make an offer to BY THE CITY COUNCIL OF THE CITY OF purchase the Property which is less than the DUBUQUE, IOWA: fair market value City has established for the That the proposed plans, specifications, Property; and form of contract and estimated cost for the WHEREAS, City has caused an appraisal Locust Street Sidewalk and Traffic Signal of the Property to be made and the appraised thth Project, 8 to 12 Street, in the estimated value of the Property is $75,000.00; and amount $629,818.20, are hereby approved. WHEREAS, the City Council now desires th Passed, adopted and approved this 18 to establish the fair market value of the Proper- day of May, 2009. ty. Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Upon motion the rules were reinstated li-1. The fair market value of the Property is miting discussion to the City Council. hereby established to be $75,000.00. 2. The City Attorney is hereby authorized ACTION ITEMS to commence negotiations with the Owners of the Property and any other interested parties Dubuque Area Chamber of Commerce for the purchase of the Property for a purchase Convention and Visitors Bureau: Convention price which is not less than the fair market and Visitors Bureau Director Keith Rahe, value established by this Resolution. th 30254 Golf Course Road, Dyersville, pre-Passed, approved and adopted this 18 sented the CVB Quarterly Report. Motion by day of May, 2009. Lynch to receive and file the document. Roy D. Buol, Mayor Seconded by Connors. Motion carried 7-0. Attest: Jeanne F. Schneider, CMC, City Clerk Fair Market Value – 502/504 Rhomberg Fair Market Value – 1553 Maple Street: Avenue: City Manager recommending estab-City Manager recommending establishment of lishment of the fair market value for property at the fair market value for property at 1553 502/504 Rhomberg Avenue and authorization Maple Street and authorization for the City for the City Attorney to commence negotiations Attorney to commence negotiations for the for the purchase of the property. Motion by purchase of the property. Motion by Connors Connors to receive and file the documents and to receive and file the documents and adopt adopt Resolution No. 165-09 Establishing the Resolution No. 166-09 Establishing the fair fair market value of real property at 502/504 market value of real property at 1553 Maple Rhomberg Avenue, Dubuque, Iowa, owned by Street, Dubuque, Iowa, owned by Milton Michael Lindauer and Donna Lindauer. Schwartz. Seconded by Voetberg. Motion car- Seconded by Jones. Motion carried 7-0. ried 7-0. Book 139 Regular Session, May 18, 2009 179 RESOLUTION NO. 166-09 it was inappropriate in light of the current poor ESTABLISHING THE FAIR MARKET VALUE economy. Motion carried 7-0. OF REAL PROPERTY AT 1553 MAPLE STREET, DUBUQUE, IOWA, OWNED BY First Amendment to Development Agree- MILTON SCHWARTZ ment – 40 Main LLC: City Manager recom- WHEREAS, Milton Schwartz (Owner) is mending approval of the First Amendment to the owner of the real property at 1553 Maple the 40 Main LLC Development Agreement Street legally described as follows (the Proper-which provides a short-term loan for rehabilita- ty): tion of a mixed use building at 40 Main Street. Northerly ½ of Lot 289 in East Dubuque Motion by Voetberg to receive and file the No. 2, an Addition in the City of Dubuque, documents and adopt Resolution No. 167-09 Iowa, according to the recorded plat thereof; Approving the First Amendment to the 40 Main and LLC Development Agreement. Seconded by WHEREAS, the City of Dubuque (City) in-Jones. Motion carried 7-0. tends to acquire the Property for the Bee RESOLUTION NO. 167-09 Branch Creek Restoration Project; and APPROVING THE FIRST AMENDMENT TO WHEREAS, Iowa law requires that City THE 40 MAIN LLC DEVELOPMENT must make a good faith effort to negotiate with AGREEMENT Owners to purchase the Property before pro- ceeding with condemnation; and Whereas, a Development Agreement (the WHEREAS, City may not make an offer to Agreement), dated January 15, 2009, was purchase the Property which is less than the entered into by and between the City of Dubu- fair market value City has established for the que, a municipal corporation of the State of Property; and Iowa (City), and 40 Main LLC (Developer); and WHEREAS, City has caused an appraisal Whereas, City and 40 Main LLC now de- of the Property to be made and the appraised sire to amend the Development Agreement as value of the Property is $62,000.00; and set forth attached First Amendment. WHEREAS, the City Council now desires NOW, THEREFORE, BE IT RESOLVED to establish the fair market value of the Proper-BY THE CITY COUNCIL OF THE CITY OF ty. DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED Section 1. That the First Amendment of the BY THE CITY COUNCIL OF THE CITY OF 40 Main LLC Development Agreement is he- DUBUQUE, IOWA AS FOLLOWS: reby approved. 1. The fair market value of the Property is Section 2. That the Mayor is hereby autho- hereby established to be $62,000.00. rized and directed to execute said First 2. The City Attorney is hereby authorized Amendment on behalf of the City of Dubuque to commence negotiations with the Owner of and the City Clerk is authorized and directed to the Property and any other interested parties attest to his signature. for the purchase of the Property for a purchase Section 3. That the City Manager is autho- price which is not less than the fair market rized to take such actions as are necessary to value established by this Resolution. implement the terms of the First Amendment th Passed, approved and adopted this 18 as herein approved. th day of May, 2009. Passed, approved and adopted this 18 Roy D. Buol, Mayor day of May, 2009. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk City Council Compensation Task Force: Communication from the City Council Com-North Grandview Avenue Pet Park: Re- pensation Task Force regarding Mayor and quest of Council Member David Resnick to City Council compensation. Motion by Connors discuss the pet park on North Grandview Ave- to receive and file the document. Seconded by nue and City Manager transmitting information Jones. Task Force Member Jason Anderson, regarding the North Grandview Pet Park. Mo- 525 Samuel Street, spoke on behalf of the tion by Resnick to continue searching for an Task Force and stated that there was no doubt alternate site and close the North Grandview among the seven-member task force that the Avenue Pet Park as of April 1, 2010, whether City Council deserved compensation for their or not an alternate site is open or the potential many Council-related duties. City Council of an alternative site exists as of that date. Members thanked the Task Force for their time Seconded by Jones. Motion carried 5-2 with and work. They discussed the impact that a Braig and Connors voting nay. salary increase would have had on attracting potential candidates and that it would have Iowa Jobs (I-JOBS) Program Funding: City affected only incoming members in 2010. Manager recommending approval to allocate Council members declined the increase stating all City funding appropriation from the Iowa 180 Special Session, May 27, 2009 Book 139 Jobs (I-JOBS) Program to the Southwest Ar-tricts: restricted height over- terial Project. Motion by Connors to receive lay, Hwy 151/61 sign over- and file the documents and approve the rec-lay, flood plain overlay ommendation. Seconded by Jones. Motion Newly Proposed: old town o carried 7-0. overlay, airport overlay  Article 7 Supplemental Regulations Greater Dubuque Development Corpora- Home-base business, tele- o tion Board of Directors: Communication from communications towers, the Greater Dubuque Development Corpora- wind energy conversion sys- tion requesting appointments to the Greater tems, adult entertainment Dubuque Development Corporation Board of regulations Directors (currently Mayor Roy Buol, City  Article 8 Zoning Board of Adjustment Manager Michael Van Milligen, Economic De- Applications and Procedures velopment Director Dave Heiar and City Coun- Variances, conditional uses, o cil Members Joyce Connors and Kevin Lynch). special exceptions Motion by Jones to retain the current member-  Article 9 Zoning Advisory Commis- ship. Seconded by Braig. Motion carried 7-0. sion Applications and Procedures Single process, text o There being no further business, upon mo- amendments tion the City Council adjourned at 7:53 p.m.  Article 10 Historic Preservation Additional definitions; reor- o /s/Kevin S. Firnstahl ganization for clarity; Assistant City Clerk streamlining the nomination review process for districts, landmarks, and individual properties; combing duplica- tion in the design review process; conservation dis- CITY OF DUBUQUE, IOWA tricts with respect to stream- CITY COUNCIL lining demolition permits; OFFICIAL adding conservation plan- ning areas PROCEEDINGS Carstens provided follow up information from the May 11 UDC work session. Respond- The Dubuque City Council met in special ing to questions from the City Council, Cars- session at 5:30 p.m. on May 27, 2009 in the tens explained the difference between the Historic Federal Building. City’s Zoning Advisory Commission and the Zoning Board of Adjustment stating that the Present: Mayor Buol, Council Members ZBA is a quasi-judicial board established by Braig, Connors, Jones, Resnick, Voetberg, the State of Iowa Code, which has the power Assistant City Attorney O’Brien to grant variances without review by City Council. The Zoning Advisory Commission Absent: Council Member Lynch makes recommendations to the City Council, which then makes the final determination. Mayor Buol read the call and stated this is a special session of the City Council to discuss During discussion City Council Members the Unified Development Code. questioned words and phrases, noted correc- tions, and offered their suggestions related to WORK SESSION (2 of 4) Articles 6-10 of the Unified Development Discussion regarding the Unified Code. Development Code There being no further business, upon mo- Planning Services Manager Laura Cars- tion the City Council at 7:20 p.m. tens introduced staff members Associate Planner Kyle Kritz, Assistant Planner Guy He- /s/Jeanne F. Schneider, CMC menway, and Assistant Planner Wally Werni- City Clerk mont. Carstens then reviewed each of the Ar- ticles being presented to City Council for their review noting changes and recommendations:  Article 6 Overlay District Rural/Residential Overlay o District Long-Standing Overlay Dis- o Book 139 Regular Session, June 1, 2009 181 CITY OF DUBUQUE, IOWA velopment. Upon motion the documents were received and filed and Resolution No.168-09 CITY COUNCIL Approving the Fiscal Year 2009 Annual Action OFFICIAL Plan (Consolidated Plan 2008) – Amendment PROCEEDINGS 5 for Community Development Block Grant Recovery Funds was adopted. The Dubuque City Council met in regular RESOLUTION NO. 168-09 session at 6:30 p.m. on June 1, 2009 in the APPROVING THE FISCAL YEAR 2009 AN- Historic Federal Building. NUAL ACTION PLAN (CONSOLIDATED PLAN 2008)-AMENDMENT 5 FOR COMMU- Present: Mayor Pro-Tem Connors, Council NITY DEVELOPMENT BLOCK GRANT RE- Members Braig, Jones, Lynch, Resnick, Voet- COVERY FUNDS berg, Assistant City Manager Steinhauser; City Whereas, the City of Dubuque prepared Attorney Lindahl and filed a Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008); and Absent: Mayor Roy D. Buol Whereas, the City of Dubuque has re- ceived funding from the U.S. Department of Pledge of Allegiance Housing and Urban Development (HUD) for the Community Development Block Grant Re- Invocation was provided by Deacon Jim covery (CDBG-R); and Thill of Holy Spirit Pastorate. Whereas, HUD requires the City of Dubu- que to amend the Fiscal Year 2009 Annual PROCLAMATION Action Plan (Consolidated Plan 2008) for the inclusion of the CDBG-R funds as per the at- Apples for Students Months (June, July tached Exhibit A; and and August, 2009) was accepted by Ellen Whereas, said amendment is a substantial rd Goodman-Miller, 421 W. 3 Street. amendment requiring a seven day public comment period and must therefore be ap- CONSENT ITEMS proved by resolution of the City Council after a public hearing by the Community Development Motion by Jones to receive and file the Advisory Commission; and documents, adopt the resolutions, and dispose Whereas, the Community Development of as indicated. Seconded by Voetberg. Motion Advisory Commission reviewed the proposed carried 6-0. amendment at a public hearing on May 27, 2009 following a public comment period be- Minutes and Reports Submitted: Arts and ginning on May 15, 2009 and has voted to Cultural Affairs Advisory Commission of 4/28; approve said amendment and to recommend City Council of 5/18 and 5/27; Housing Com- approval by the City Council. mission of 3/24; Zoning Advisory Commission NOW THEREFORE, BE IT RESOLVED of 5/6; Proofs of publication of City Council BY THE CITY COUNCIL OF THE CITY OF Proceedings of May 4 and 11, 2009. Upon DUBUQUE, IOWA: motion the documents were received and filed. Section 1. That the Fiscal Year 2009 An- nual Action Plan (Consolidated Plan 2008) is Notice of Claims/Suits: Richard and Mary hereby amended as per Amendment 5, hereto Rokusek for vehicle damage; Angela Oberfoell attached as Exhibit A. for vehicle damage. Upon motion the docu- Section 2. That said Community Develop- ments were received and filed and referred to ment Block Grant Recovery substantial the City Attorney. amendment as per Fiscal Year 2009 Annual City Attorney recommending denial of the Action Plan (Consolidated Plan 2008) - following claims: Larry A. Vogt for vehicle Amendment 5 attached hereto as Exhibit A is damage, Lakesha Wheeler for property dam- hereby approved. age and Garrett Waterproofing for reimburse- Section 3. That the City Manager is hereby ment of towing charges. Upon motion the doc- authorized and directed to prepare and to uments were received and filed and concurred. submit to the United States Department of Housing and Urban Development the Fiscal Fiscal Year 2009 Community Development Year 2009 (Consolidated Plan 2008) Annual Block Grant (CDBG) Annual Action Plan: City Action Plan- Amendment 5 for the use of Manager recommending approval of an Community Development Block Grant Recov- amendment to the Fiscal Year 2009 Communi- ery funds as required. ty Development Block Grant Annual Action st Passed, approved and adopted this 1 day Plan for CDBG Recovery Funding from the of June, 2009. U.S. Department of Housing and Urban De- Joyce E. Connors, Mayor Pro-Tem 182 Regular Session, June 1, 2009 Book 139 BUQUE, IOWA AND DUBUQUE INITIATIVES Attest: Jeanne F. Schneider, CMC, City Clerk WHEREAS, the City of Dubuque, Iowa Civil Service Commission: Civil Service ("City") and Dubuque Initiatives ("Developer") Commission submitting the certified list for the are parties to a Development Agreement dated position of Firefighter. Upon motion the docu-February 17, 2009, as amended by the ment was received and filed and made a Mat-Amendment to Development Agreement dated ter of Record. April 27, 2009 (collectively, the "Development Agreement") relating to the redevelopment of May 14, 2009 the Roshek Building located generally at 700 Honorable Mayor and Locust Street in the City; and Members of the City Council WHEREAS, Section 4.8 of the Develop- In accordance with Chapter 400 of the ment Agreement provides that the Develop- Code of Iowa, an examination for the position ment Agreement cannot be assigned by the of Firefighter was given January 31, 2009. We Developer prior to the completion of the Mini- hereby certify that the individuals listed below mum Improvement described therein without have passed this written examination and the the prior written consent of the City, in its sole vacancy for this position should be made from discretion; and this list and that this list is good for one (1) WHEREAS, the City and the Developer, year from above date. together with other intermediary parties, intend to enter into various agreements for the pur- FIREFIGHTER pose of obtaining new market and historic tax Aaron Butikofer Mark Weitz credits in connection with the development of Michael Breitbach Ted Krapfl the Roshek Building, pursuant to which certain Douglas Merkes Thomas Ware loans will be made to Developer or to entities Adam Kahler Michael Kuhn controlled by Developer by ICD VIII, L.L.C., an Brandon Rondeau Matt Weldin Iowa limited liability company, and USBCDE Anthony Dalsing Michael Frazier Sub-CDE XXXV, LLC, a Delaware limited lia- Susanna Duggan Ryan Kieffer bility company (together, the "Lenders"); and Ryan Wheeler Toby Hancock WHEREAS, as a condition to making such Ross Chapman Daniel Gatz loans, the Lenders have asked the Developer Anthony Parks Jason Fuerstenberg to assign its interests in the Development David Lindecker Noel Spencer-Motyko Agreement to Lenders for collateral purposes; Ross Dillavou Dean Gasper and Benjamin Kurka T. Mitch Williams WHEREAS, the City Council has deter- Brian Suter mined to consent to such assignment. Respectfully submitted, NOW, THEREFORE, BE IT RESOLVED Dan White BY THE CITY COUNCIL OF THE CITY OF Jim Schilling DUBUQUE, IOWA: Civil Service Commission Section 1. Pursuant to Section 4.8 of the Development Agreement, the City hereby con- U.S. Housing and Urban Development: sents to the assignment of the Development Communication from Nelson Bregon, General Agreement by the Developer to the Lenders as Deputy Assistant Secretary for HUD, advising set forth in the Collateral Assignment of De- the City of funding allocations for the Commu-velopment Agreement attached hereto, and nity Development Block Grant Program. Upon the Mayor and the City Clerk be and they are motion the document was received and filed. hereby authorized, empowered and directed to execute, attest, seal and deliver the form of Collateral Assignment of the Development City's Consent Regarding Development Agreement – Dubuque Initiatives: City Manag-Agreement attached thereto and made a part er recommending approval of a Collateral As-thereof for and on behalf of the City, in sub- signment of the Development Agreement be-stantially the form and content now before this tween the City of Dubuque, Iowa and Dubuque meeting, but with such changes, modifications, Initiatives. Upon motion the documents were additions or deletions therein as may be ap- received and filed and Resolution No. 169-09 proved by such officers upon the advice of the Consenting to a Collateral Assignment of the City Attorney. Development Agreement between the City of Section 2. All other provisions of the De- Dubuque, Iowa and Dubuque Initiatives was velopment Agreement are hereby ratified, con- adopted. firmed and approved. st Passed and approved this 1 day of June, RESOLUTION NO. 169-09 2009. CONSENTING TO A COLLATERAL AS- By: Roy D. Buol, Mayor SIGNMENT OF THE DEVELOPMENT Attest: Jeanne F. Schneider, CMC, City Clerk AGREEMENT BETWEEN THE CITY OF DU- Book 139 Regular Session, June 1, 2009 183 Neighborhood Stabilization Program decision making, and action assumed and (NSP): City Manager recommending approval carried out by the City of Dubuque as to envi- of the publication of a Notice of Intent to Re-ronmental issues. quest Release of Funds for the Neighborhood Section 5. That the Mayor of the City of Stabilization Program (NSP). Upon motion the Dubuque is hereby authorized to consent per- documents were received and filed and Reso-sonally, in his official capacity and on behalf of lution No. 170-09 Authorizing publication of a the City of Dubuque, to accept the jurisdiction Notice of Intent to request release of funds for of the federal courts if an action is brought to the Neighborhood Stabilization Program was enforce responsibilities in relation to environ- adopted. mental review, decision-making and action. Section 6. That the Mayor of the City of RESOLUTION NO. 170-09 Dubuque is and he is hereby authorized and AUTHORIZING PUBLICATION OF A NOTICE directed to execute a Request for Release of OF INTENT TO REQUEST RELEASE OF Funds and Certification. st FUNDS FOR THE NEIGHBORHOOD STABI- Passed, approved and adopted this 1 day LIZATION PROGRAM. of June 2009. Whereas, the City of Dubuque will enter in-Joyce E. Connors, Mayor Pro-Tem to a Grant Agreement with the Iowa Depart-Attest: Jeanne F. Schneider, CMC, City Clerk ment of Economic Development for the Neigh- borhood Stabilization Program; and Tanglewood Subdivision – Final Plat: City Whereas, pursuant to the rules and regula-Manager recommending approval of the final tions as promulgated by the U.S. Department plat of Tangelwood Subdivision subject to of Housing and Urban Development, an envi-waivers and conditions. Upon motion the doc- ronmental review has been processed for the uments were received and filed and Resolution projects to be financed with Neighborhood No. 171-09 Approving final plat of Tanglewood Stabilization Program funds; and Subdivision in Dubuque County, Iowa, was Whereas, any and all comments received adopted. as a result of such notice will be duly consi- RESOLUTION NO. 171-09 dered before proceeding with a Request for APPROVING THE FINAL PLAT OF TAN- Release of Funds and Certification. GELWOOD SUBDIVISION IN DUBUQUE NOW, THEREFORE, BE IT RESOLVED COUNTY, IOWA BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, there has been filed with the City Section 1. That the City Clerk be and is he-Clerk a final plat of Tangelwood Subdivision; reby authorized and directed to publish a No-and tice of Intent to Request Release of Funds for Whereas, the Final Plat of Tangelwood the projects to be funded with Neighborhood Subdivision provides 20 feet of frontage for Lot Stabilization Program and to make the Envi-A, where 50 feet is required, that the maximum ronmental Review Record for said projects cul-de-sac length of 1,300 feet is waived to available for public inspection and comment allow Tangelwood Drive to be 2,300 feet in until 5:00 p.m. on June 11, 2009. Such notice length, that the private street pavement width shall be in the form of Exhibit "A" attached of 26 feet is waived to allow 22 feet of paving, hereto and made a part hereof. that Lot B is labeled as non-buildable except Section 2. That the environmental review for construction of a subdivision identification record for each of the projects shall be placed sign; and on file in the Office of the Housing and Com-Whereas, the preliminary plat has been th munity Development Department, 350 West 6 examined by the Zoning Advisory Commission Street, Suite 312, Dubuque Iowa where said and has its approval endorsed thereon; and record may be examined and copied by any Whereas, said final plat has been ex- interested party. amined by the City Council and they find that it Section 3. That the Mayor of the City of conforms to the statutes and ordinances relat- Dubuque is hereby authorized and directed to ing thereto. submit to the Iowa Department of Economic NOW THEREFORE, BE IT RESOLVED Development seven (7) days after publication BY THE CITY COUNCIL OF THE CITY OF of appropriate notice a Request for Release of DUBUQUE, IOWA: Funds to undertake the said projects. Section 1. That the City Council hereby Section 4. That the Mayor of the City of waives Article IV, Design and Improvement Dubuque is hereby authorized to consent to Standards of the Subdivision Regulations, assume the status of a responsible federal except Section 42-19, Blocks and Lots. official under the National Environmental Pro-Section 2. The Final Plat Tangelwood tection Act, insofar as the provisions of the Subdivision provides 20 feet of frontage for Lot said Act apply to the Iowa Department of Eco-A, where 50 feet is required, that the maximum nomic Development responsibilities for review, cul-de-sac length of 1,300 feet is waived to 184 Regular Session, June 1, 2009 Book 139 allow Tangelwood Drive to be 2,300 feet in amount of $384,925.39, is the lowest respon- length, that the private street pavement width sive, responsible bidder for the Project. of 26 feet is waived to allow 22 feet of paving, NOW THEREFORE, BE IT RESOLVED that Lot B is labeled as non-buildable except BY THE CITY COUNCIL OF THE CITY OF for construction of a subdivision identification DUBUQUE, IOWA: sign; and that access to Old Davenport Road That a Public Improvement Contract for the is prohibited for Lot 1. Project is hereby awarded to McDermott Ex- Section 3. That the Final Plat of Tangel-cavating and the City Manager is hereby di- wood Subdivision is hereby approved and the rected to execute a Public Improvement Con- Mayor and City Clerk are hereby authorized tract on behalf of the City of Dubuque for the and directed to endorse the approval of the Project. st City of Dubuque, Iowa, upon said final plat, Passed, approved and adopted this 1 day provided the owners of said property herein of June, 2009. named, execute their written acceptance here-Joyce E. Connors, Mayor Pro-Tem to attached agreeing: Attest: Jeanne F. Schneider, CMC, City Clerk a) To construct street improvements in ac- cordance with improvement plans approved by Request for Proposals – Historic Millwork Dubuque County and certified upon comple-District Streetscape Improvements: City Man- tion by a professional engineer licensed by the ager recommending approval to issue a Re- State of Iowa. quest for Proposals for the Streetscape Im- b) To maintain the street improvements provements Addendum to the Millwork District constructed as part of Tangelwood Subdivision Streets and Utility Improvements Project to until such time as a homeowners association have these projects better coordinated by us- is formed and is responsible for maintenance ing one vendor. Upon motion the documents of the same. were received, filed, and approved. Section 4. That in the event David Chapin fails to execute the acceptance within 180 Grass and Weed Cutting Assessments: days after the date of this Resolution, the pro-City Manager recommending approval to certi- visions hereof shall be null and void and the fy grass and weed cutting charges to the Du- approval of the plat shall not be effective. buque County Treasurer in order to establish st Passed, approved and adopted this 1 day real property liens for collection of such of June 2009. charges. Upon motion the documents were Joyce E. Connors, Mayor Pro-Tem received and filed and Resolution No. 173-09 Attest: Jeanne F. Schneider, CMC, City Clerk Adopting the schedule of assessments for grass cutting charges specifying the number of Locust Street Sidewalk and Traffic Signal annual installments into which assessments thth Installation – 8 to 12 Street Project: City are divided, the interest on all unpaid install- Manager recommending award of the Locust ments, the time when the assessments are Street Sidewalk and Traffic Signal Installation payable, and directing the Clerk to certify the thth – 8 to 12 Street Project to McDermott Exca-Schedule of Assessments to the County Trea- vating in the amount of $384,925.39. Upon surer and to publish notice thereof was motion the documents were received and filed adopted. and Resolution No. 172-09 Awarding public RESOLUTION NO. 173-09 improvement contract for the Locust Street th ADOPTING THE SCHEDULE OF ASSESS- Sidewalk and Traffic Signal Installation – 8 to th MENTS FOR GRASS CUTTING CHARGES 12 Street Project was adopted. SPECIFYING THE NUMBER OF ANNUAL RESOLUTION NO. 172-09 INSTALLMENTS INTO WHICH ASSESS- AWARDING PUBLIC IMPROVEMENT CON-MENTS ARE DIVIDED, THE INTEREST ON TRACT FOR THE LOCUST STREET SIDE-ALL UNPAID INSTALLMENTS, THE TIME WALK AND TRAFFIC SIGNAL PROJECT, WHEN THE ASSESSMENTS ARE PAYABLE THTH 8 TO 12 STREET AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO Whereas, sealed proposals have been THE COUNTY TREASURER AND TO PUB- submitted by contractors for the Locust Street thth LISH NOTICE THEREOF. Sidewalk and Traffic Signal Project, 8 to 12 Street (the Project) pursuant to Resolution No. NOW, THEREFORE, BE IT RESOLVED 164-09 and Notice to Bidders published in a BY THE CITY COUNCIL OF THE CITY OF newspaper published in the City of Dubuque, DUBUQUE, IOWA: th Iowa on the 8 day of May, 2009. That after full consideration of the Sche- Whereas, said sealed proposals were dule of Assessments attached hereto for grass st opened and read on the 21 day of May, 2009, cutting charges, was filed in the office of the st and it has been determined that McDermott City Clerk on the 1 day of June, 2009, the Excavating of Dubuque, Iowa, with a bid in the said Schedule of Assessments be and the Book 139 Regular Session, June 1, 2009 185 same is hereby approved and adopted. the City of Dubuque, Iowa, were adopted. That there be, and is hereby assessed and RESOLUTION NO. 174-09 levied as a special tax against and upon each ADOPTING THE SCHEDULE OF ASSESS- of the lots, the respective sums indicated. MENTS FOR VACANT AND ABANDONED That the City Clerk be and she is hereby BUILDING AND PROBLEM PROPERTY directed to certify said schedule to the County CHARGES SPECIFYING THE NUMBER OF Treasurer of Dubuque County, Iowa, and to ANNUAL INSTALLMENTS INTO WHICH publish notice of said certification once each ASSESSMENTS ARE DIVIDED, THE INTER- week for two consecutive weeks in the manner EST ON ALL UNPAID INSTALLMENTS, THE provided in Iowa Code §362.3, the first publi- TIME WHEN THE ASSESSMENTS ARE cation of which shall be for not more than 15 PAYABLE AND DIRECTING THE CLERK TO days from the date of filing of the final sche- CERTIFY THE SCHEDULE OF ASSESS- dule. On or before the date of the second pub- MENTS TO THE COUNTY TREASURER lication of the notice, the City Clerk shall also AND TO PUBLISH NOTICE THEREOF. mail a copy of said notice to property owners whose property is subject to assessment, as NOW, THEREFORE, BE IT RESOLVED provided and directed in Iowa Code §384.60. BY THE CITY COUNCIL OF THE CITY OF The assessments may be paid in full or in DUBUQUE, IOWA: part without interest at the office of the City That after full consideration of the Sche- th Treasurer, City Hall, 50 W. 13 Street, Dubu-dule of Assessments attached hereto for va- que, Iowa, at any time within 30 days after the cant and abandoned building and problem date of the first publication of the notice of the property charges, was filed in the office of the st filing of the Schedule of Assessments with the City Clerk on the 1 day of June, 2009, the County Treasurer. After 30 days, unpaid as-said Schedule of Assessments be and the sessments of $100.00 or more are payable in same is hereby approved and adopted. 10 annual installments, at the County Treasur-That there be, and is hereby assessed and er’s Office, Dubuque County Courthouse, 720 levied as a special tax against and upon each Central Avenue, Dubuque, Iowa, and will draw of the lots, the respective sums indicated. annual interest at nine (9) percent (commenc-That the City Clerk be and she is hereby ing on the date of acceptance of the work), directed to certify said schedule to the County computed to December 1 next following the Treasurer of Dubuque County, Iowa, and to due dates of the respective installments as publish notice of said certification once each provided in Section 384.65 of the Code of week for two consecutive weeks in the manner Iowa. Each installment will be delinquent from provided in Iowa Code §362.3, the first publi- October 1 following its due date on July 1 of cation of which shall be for not more than 15 each year. Property owners may elect to pay days from the date of filing of the final sche- any annual installments semiannually in ad-dule. On or before the date of the second pub- vance. lication of the notice, the City Clerk shall also st Passed, approved and adopted this 1 day mail a copy of said notice to property owners of June, 2009. whose property is subject to assessment, as Joyce E. Connors, Mayor Pro-Tem provided and directed in Iowa Code §384.60. Attest: Jeanne F. Schneider, CMC, City Clerk The assessments may be paid in full or in part without interest at the office of the City th Vacant and Abandoned Buildings and Treasurer, City Hall, 50 W. 13 Street, Dubu- Problem Property Assessments: City Manager que, Iowa, at any time within 30 days after the recommending approval of vacant and aban-date of the first publication of the notice of the doned building and problem property assess-filing of the Schedule of Assessments with the ments. Upon motion the documents were re-County Treasurer. After 30 days, unpaid as- ceived and filed and Resolution No. 174-09 sessments of $100.00 or more are payable in Adopting the Schedule of Assessments for 10 annual installments, at the County Treasur- vacant and abandoned building and problem er’s Office, Dubuque County Courthouse, 720 property charges specifying the number of Central Avenue, Dubuque, Iowa, and will draw annual installments into which assessments annual interest at nine (9) percent (commenc- are divided, the interest on all unpaid install-ing on the date of acceptance of the work), ments, the time when the assessments are computed to December 1 next following the payable and directing the clerk to certify the due dates of the respective installments as schedule of assessments to the County Trea-provided in Section 384.65 of the Code of surer and to publish notice thereof; and Reso-Iowa. Each installment will be delinquent from lution No. 175-09 Authorizing the City to collect October 1 following its due date on July 1 of delinquent vacant and abandoned building and each year. Property owners may elect to pay problem property charges in accordance with any annual installments semiannually in ad- Section 26-3(b)(1)h; Section 26-4(b)(3) and vance. st Section 26-6(b) of the Code of Ordinances of Passed, approved and adopted this 1 day 186 Regular Session, June 1, 2009 Book 139 of June, 2009. LOT 2 OF N 35' OF W 170' OF LOT 227 DA- Joyce E. Connors, Mayor Pro-Tem VIS FARM ADD, $469.00 Attest: Jeanne F. Schneider, CMC, City Clerk Blas A Chalas, PO Box 3181, Dubuque IA 52004, 10-24-129-012, LOT 18 TIVOLI RESOLUTION NO. 175-09 ADD 2224-2226 FRANCIS, $110.00 AUTHORIZING THE CITY TO COLLECT DE- Judge Properties, 605 Bluff Street #132, LINQUENT VACANT AND ABANDONED Dubuque IA 52001, 10-25-207-036, CITY BUILDING AND PROBLEM PROPERTY LOTS 618, 619, 620, N 7.2"-N 1'6"-N 64' CITY CHARGES IN ACCORDANCE WITH SEC- LOT 617, LOT 14 & N113'OF LOT 13 CO- TION 26-3 (b)(1)h; SECTION 26-4.(b)(3) & RIELL'S DUB, $1,354.07 SECTION 26-6.(b) OF THE CODE OF OR- Maurice A Kirchberg, 1576 Locust Street, DINANCES OF THE CITY OF DUBUQUE, Dubuque IA 52001, 10-24-329-012, LOT 1-15 IOWA COOLEY'S SUB, $4,085.00 WHEREAS, residential properties in the Joel Jackson, 2925 Muscatine Street, Du- City of Dubuque are considered hazardous or buque IA 52001, 10-24-408-003, LOT 2 OF unsanitary premises if vacant and abandoned CITY LOT 443A & S 23'6" OF LOT 3 OF CITY buildings and problem properties are allowed LOT 443A, $165.00 to 26-3 (b)(1)h; and Section 2. That the City Clerk be and she WHEREAS, whenever in the judgment of is hereby ordered and directed to certify to the the Housing Officer, a nuisance that is “palpa-County Treasurer of Dubuque County, Iowa, bly and indisputably such” exists which re-that the persons named hereinbefore are de- quires immediate action to protect the public linquent in the payment of vacant and aban- health, safety or welfare of the public, the doned building and problem property charges Housing Officer may order the emergency in the amount set aside of the respective abatement of such; and names, and that said amounts shall be col- WHEREAS, delinquent vacant and aban-lected in the same manner as general property doned building and problem property charges taxes against the respective parcels of proper- shall be certified by the City Clerk to the Du-ty set opposite the names of the owners. st buque County Treasurer for collection with, Passed, approved, and adopted this 1 day of and in the same manner as general property June, 2009. taxes. Joyce E. Connors, Mayor Pro-Tem NOW, THEREFORE BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2008/2009 Snow Removal Assessments – Section I. That the persons hereinafter, Right of Way Obstruction Removal: City Man- owning the properties thereby set forth, are ager recommending approval of the final as- delinquent in the payment of vacant and aban-sessment schedule for the 2008/2009 Snow doned building and problem property charges: Removal and Right-of-Way Obstruction Re- , NAME AND ADDRESSPROPERTY DE-moval Assessment Project in the amount of SCRIPTION, AMOUNT $4,277. Upon motion the documents were Faith Investment Group, LLC, 1400 West received and filed and Resolution No. 176-09 Devon Avenue #354, Chicago IL 60660, 10-Adopting the final Assessment Schedule for 24-267-002, N 1/2 NM 1/5 OF CITY LOT 485, the Snow Removal Assessment – Right-of- $72.00 Way Obstruction Removal Assessment Project Citifinancial, Inc., 7467 New Ridge Road was adopted. Suite 222, Hanover MD 21076, 10-26-279- RESOLUTION NO. 176-09 013, LOT 16 T S NAIRNS DUBUQUE, $55.00 ADOPTING THE FINAL ASSESSMENT Jesse J Rans, 125 Kayle Drive, Manches- SCHEDULE FOR THE SNOW REMOVAL ter IA 52057, 10-24-177-022, E 24' OF LOT 22 ASSESSMENT – RIGHT-OF-WAY OB- COX'S ADD, $50.00 STRUCTION REMOVAL ASSESSMENT Dick R & Connie J Howell, 1608 Washing- PROJECT ton Street, Dubuque IA 52001, 10-24-278-007, S 1/2 OF LOT 111 EAST DUBUQUE ADD, NOW, THEREFORE, BE IT RESOLVED $150.00 BY THE CITY COUNCIL OF THE CITY OF BRP Properties LLC, 8505 Southern Hills DUBUQUE, IOWA: Court, Dubuque IA 52003, 10-24-403-007, S After full consideration, the Final Schedule 20'-S 47'-W 1/2-S 2/5 OF CITY LOT 454, of Assessments as shown on the attached $80.00 sheet(s), Page 1 to Page 1 inclusive; is hereby Boulevard Estates, LC, 3500 Dodge Street approved for the Snow Removal Assessment #387, Dubuque IA 52003, 10-26-210-003, LOT – Right-of-Way Obstruction Removal Assess- 10 RECHES SUB, $89.20 ment Project. Richard A & Mary E Fondell, 2371 Jackson There is hereby assessed and levied as a Street #2, Dubuque IA 52001, 10-13-376-017, special tax against and upon each of the bene- Book 139 Regular Session, June 1, 2009 187 fited properties, the respective sums indicated. annual installments into which assessments The amounts shown in said Final Schedule of are divided, the interest on all unpaid install- Assessments as deficiencies are found to be ments, the time when the assessments are proper and levied conditionally against the payable, and directing the Clerk to Certify the respective properties benefited by the im-Schedule of Assessments to the County Trea- provements as shown in the Final Schedule of surer and to publish notice thereof; and Reso- Assessments, subject to the provisions of Iowa lution No. 178-09 Authorizing the City to collect Code § 384.63. Said assessments against delinquent snow and ice removal charges in said lots are hereby declared to be in propor-accordance with Section 364.12.2.b of the tion to the special benefits conferred and not in State of Iowa Code; Section 41.86, Section 26- excess of twenty-five percent of the value of 4.(b)(3) & Section 26-6.(b) of the Code of Or- same. dinances of the City of Dubuque, Iowa, were The City Clerk be and is hereby directed to adopted. certify the Final Schedule of Assessments to RESOLUTION NO. 177-09 the County Treasurer of Dubuque County, ADOPTING THE SCHEDULE OF ASSESS- Iowa, and to publish notice of said certification MENTS FOR SNOW AND ICE REMOVAL once each week for two consecutive weeks in CHARGES SPECIFYING THE NUMBER OF the manner provided in Iowa Code § 362.3, ANNUAL INSTALLMENTS INTO WHICH the first publication of which shall be not more ASSESSMENTS ARE DIVIDED, THE INTER- than fifteen days from the date of filing of the EST ON ALL UNPAID INSTALLMENTS, THE Final Schedule of Assessments. On or before TIME WHEN THE ASSESSMENTS ARE the date of the second publication of the no- PAYABLE AND DIRECTING THE CLERK TO tice, the City Clerk shall also mail a copy of CERTIFY THE SCHEDULE OF ASSESS- said notice to property owners whose property MENTS TO THE COUNTY TREASURER is subject to assessment, as provided in Iowa AND TO PUBLISH NOTICE THEREOF. Code § 384.60. The assessments may be paid in full or in NOW, THEREFORE, BE IT RE- part without interest at the office of the City SOLVED BY THE CITY COUNCIL OF THE th Treasurer, City Hall, 50 W. 13 Street, Dubu-CITY OF DUBUQUE, IOWA: que, Iowa, at any time within 30 days after the That after full consideration of the date of the first notice of the Final Schedule of Schedule of Assessments attached hereto for Assessments. Thereafter, unpaid assessments snow and ice removal charges, was filed in the st of $100.00 or more are payable in 10 annual office of the City Clerk on the 1 day of June, installments at the County Treasurer’s Office, 2009, the said Schedule of Assessments be Dubuque County Courthouse, 720 Central and the same is hereby approved and Avenue, Dubuque, Iowa, and will draw annual adopted. interest at nine percent (9%) computed to De-That there be, and is hereby as- cember 1 next following the due dates of the sessed and levied as a special tax against and respective installments as provided in Section upon each of the lots, the respective sums 384.65 of the Code of Iowa. Each installment indicated. will be delinquent from October 1 following its That the City Clerk be and she is he- due date on July 1 of each year. However, reby directed to certify said schedule to the when the last day of September is a Saturday County Treasurer of Dubuque County, Iowa, or Sunday, that amount shall be delinquent and to publish notice of said certification once from the second business day of October. De-each week for two consecutive weeks in the linquent installments will draw the same delin-manner provided in Iowa Code §362.3, the first quent interest as ordinary taxes. Property publication of which shall be for not more than owners may elect to pay any annual install-15 days from the date of filing of the final ments semi-annually in advance. schedule. On or before the date of the second st Passed, approved and adopted this 1 day publication of the notice, the City Clerk shall of June, 2009. also mail a copy of said notice to property Joyce E. Connors, Mayor Pro-Tem owners whose property is subject to assess- Attest: Jeanne F. Schneider, CMC, City Clerk ment, as provided and directed in Iowa Code §384.60. Snow and Ice Removal Assessments: City The assessments may be paid in full Manager recommending certification of snow or in part without interest at the office of the th and ice removal charges to the Dubuque City Treasurer, City Hall, 50 W. 13 Street, County Treasurer in order to establish real Dubuque, Iowa, at any time within 30 days property liens for collection of such charges. after the date of the first publication of the no- Upon motion the documents were received tice of the filing of the Schedule of Assess- and filed and Resolution No. 177-09 Adopting ments with the County Treasurer. After 30 the Schedule of Assessments for snow and ice days, unpaid assessments of $100.00 or more removal charges specifying the number of are payable in 10 annual installments, at the 188 Regular Session, June 1, 2009 Book 139 County Treasurer’s Office, Dubuque County Blas A Chalas, PO Box 3181, Dubuque Courthouse, 720 Central Avenue, Dubuque, IA 52004, 10-24-129-012, LOT 18 TIVOLI Iowa, and will draw annual interest at nine (9) ADD 2224-2226 FRANCIS, $155.00 percent (commencing on the date of accep-Section 2. That the City Clerk be and she tance of the work), computed to December 1 is hereby ordered and directed to certify to the next following the due dates of the respective County Treasurer of Dubuque County, Iowa, installments as provided in Section 384.65 of that the persons named hereinbefore are de- the Code of Iowa. Each installment will be de-linquent in the payment of snow and ice re- linquent from October 1 following its due date moval charges in the amount set aside of the on July 1 of each year. Property owners may respective names, and that said amounts shall elect to pay any annual installments semian-be collected in the same manner as general nually in advance. property taxes against the respective parcels Passed, approved and adopted this of property set opposite the names of the st 1 day of June, 2009. owners. st Joyce E. Connors, Mayor Pro-Tem Passed, approved, and adopted this 1 Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2009. Joyce E. Connors, Mayor Pro-Tem RESOLUTION NO. 178-09 Attest: Jeanne F. Schneider, CMC, City Clerk AUTHORIZING THE CITY TO COLLECT DE- LINQUENT SNOW AND ICE REMOVAL Legislative Correspondence: City Manager CHARGES IN ACCORDANCE WITH SEC- submitting correspondence to Senator Tom TION 364.12.2.b OF THE STATE OF IOWA Harkin regarding the U.S. Corps of Engineers’ CODE; SECTION 41-86, SECTION 26- plan to further research the flexibility of instal- 4.(b)(3) & SECTION 26-6.(b) OF THE CODE ling hydroelectric power generation equipment OF ORDINANCES OF THE CITY OF DUBU- on the auxiliary lock at Lock and Dam #11 in QUE, IOWA Dubuque and their partnership with Hydro WHEREAS, residential properties in the Green Energy. City of Dubuque are considered hazardous or Communication from Mayor Roy Buol to unsanitary premises if snow and ice is allowed Senator Tom Harkin urging support for full to accumulate; and funding of the Energy Efficiency and Conser- WHEREAS, whenever in the judgment of vation Block Grant (EECBG) program and the Housing Officer, a nuisance that is letter of support from the U.S. Conference of “palpably and indisputably such” exists Mayors. which requires immediate action to protect the Upon motion the documents were received public health, safety or welfare of the public, and filed. the Housing Officer may order the emergency abatement of such; and Alcohol Compliance – Civil Penalty for Al- WHEREAS, delinquent snow and ice re-cohol License Holders: City Manager recom- moval charges shall be certified by the City mending approval of the Acknowledge- Clerk to the Dubuque County Treasurer for ment/Settlement Agreements for a first offense collection with, and in the same manner as alcohol compliance violation for Tony’s Place, general property taxes; Yen Ching Restaurant, Hi Ho Mongolian Grill, NOW, THEREFORE BE IT RESOLVED and Bricktown Brewery, and the second of- BY THE CITY COUNCIL OF THE CITY OF fense alcohol compliance violation for The DUBUQUE, IOWA: Lounge, and it is further requested that the Section I. That the persons hereinafter, City Council accept and approve the first of- owning the properties thereby set forth, are fense civil penalty payment from Courtside delinquent in the payment of snow and ice Sports Bar & Grill, Phillips 66 (Arby’s), and removal charges: AWN Stop Mart #2 when payment is received. , NAME AND ADDRESSPROPERTY DE-Upon motion the documents were received, SCRIPTION, AMOUNT filed, and approved. Dick R & Connie J Howell, 1608 Washing- ton Street, Dubuque IA 52001, 10-24-278-007, Tobacco Compliance – Civil Penalty for S 1/2 OF LOT 111 EAST DUBUQUE ADD, Tobacco License Holders: City Manager re- $215.00 commending approval of the Acknowledge- Advanced Business Center LLC, 13605 ment/Settlement Agreements for a second Anchor Cove Court, Rockville MD 20850, 10-offense tobacco compliance violation for Phil- 24-409-011, S 1/2 - M 1/5 OF CITY LOT 494, lip’s 66 (Arby’s), and AWN Stop Mart #2, and $455.00 the first offense civil penalty violation for AWN Nathan B & Jennifer M Boyes, 14130 Cy-Stop Mart. Upon motion the documents were press Point, Dubuque IA 52002, 10-25-378-received, filed, and approved. 004, S 90' OF LOT 61 UNION ADD 977-979 CLEVELAND AVE, $ 65.00 Book 139 Regular Session, June 1, 2009 189 Proudly Accessible Dubuque: Communica-Texas, in relation to the deposits for dog and tion from Katrina Wilberding advising that the cat licenses by PetData, Inc. Upon motion the Historic Federal Building is the newest Proudly documents were received and filed and Reso- Accessible Dubuque business. Upon motion lution No. 180-09 Naming Depositories was the document was received and filed. adopted. RESOLUTION NO. 180-09 Mediacom: Communication from Lee Grassley, Mediacom Senior Manager, an-Whereas,Chapter 12C.2 of the 2201 Code nouncing the launching of additional channels of Iowa states that the approval of a financial on the digital broadcast basic lineup. Upon institution as a depository shall be by written motion the document was received and filed. resolution or order which shall be entered of record in the minutes of the approving board, Purchase of Property – 2655 Shiras Ave-and which shall distinctly name each deposito- nue: City Manager recommending acceptance ry approved, and specify the maximum amount of the deed to property located at 2655 Shiras which may be kept on deposit in each deposi- Avenue for the entrance to Eagle Point Park. tory; and Upon motion the documents were received Whereas,this procedure is required if a fi- and filed and Resolution No. 179-09 Approving nancial institution changes its name or home the acquisition of real estate located at 2655 office location, if the maximum amount is Shiras Avenue, Dubuque, Iowa, was adopted. changed, or if a financial institution is added or deleted. RESOLUTION NO. 179-09 NOW, THEREFORE, BE IT RESOLVED APPROVING THE ACQUISITION OF REAL BY THE CITY COUNCIL OF THE CITY OF ESTATE LOCATED AT 2655 SHIRAS AVE- DUBUQUE, IOWA: NUE, DUBUQUE, IOWA Section 1.That the following financial insti- WHEREAS, the City of Dubuque intends to tutions are approved to be depositories of the acquire certain properties located at 2655 Shi-City of Dubuque, Iowa funds in conformance ras Avenue for the entrance to Eagle Point with all applicable provisions of the 2001 Iowa Park; and Code Chapter 12C.2. The City Treasurer is WHEREAS, a purchase agreement has hereby authorized to deposit City of Dubuque, been finalized with the owners of the property Iowa funds in amounts not to exceed the max- described below. imum approved for each respective financial NOW, THEREFORE, BE IT RESOLVED institution as set out below. BY THE CITY COUNCIL OF THE CITY OF Depository Name, Location of Home Of- DUBUQUE, IOWA: fice, Maximum Balance Section 1. That the City of Dubuque hereby American Trust & Savings Bank, Dubuque, approves the acquisition of the following legal-Iowa, $40,000,000 ly described property: Lot A of Lot 1-1-221 and Dubuque Bank & Trust Company, Dubu- Lot A of Lot 2-222 both of Julien Addition in the que, Iowa, $40,000,000 City of Dubuque, Iowa, at the cost of Eight U.S. Bank, Minneapolis, Minnesota, Thousand Dollars ($8,000.00). $40,000,000 Section 2. That the City of Dubuque be and Dupaco Community Credit Union, Dubu- is hereby authorized to accept a Warranty que, Iowa, $20,000,000 Deed from the owner, conveying the owner’s Premier Bank, Dubuque, Iowa, interest to the City of Dubuque, Iowa for the $20,000,000 herein described real estate. East Dubuque Savings Bank, Dubuque, Section 3. That the City Clerk be and she Iowa, $20,000,000 is hereby authorized and directed to cause Liberty Bank, Des Moines, Iowa, said Warranty Deed to be recorded in the of-$20,000,000 fice of the Dubuque County Recorder, together State Central Bank, Keokuk, Iowa, with certified copy of the Resolution. $20,000,000 Section 4. That the City Clerk be and she BBVA Compass, Birmingham, Alabama, is hereby directed to forward a copy of this $100,000 st Resolution to the Dubuque County Assessor Passed, approved and adopted this 1 day and the Dubuque County Auditor. of June, 2009. st Passed, adopted and approved this 1 day Joyce E. Connors, Mayor Pro-Tem of June, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Eco-Transit TIGGER Grant Submission: City Manager recommending approval of the Authorized Depository Institutions: City submission of a $3,471,086 grant application Manager recommending approval of a deposi-for the Federal Transit Administration’s Transit tory resolution for BBVA Compass, Irving, Investments for Greenhouse Gas and Energy 190 Regular Session, June 1, 2009 Book 139 RESOLUTION NO. 183-09 Reduction (TIGGER) Program in partnership with ECIA’s Regional Transit Authority. Upon Whereas, applications for Liquor Licenses motion the documents were received, filed, have been submitted to this Council for ap- and approved. proval and the same have been examined and approved; and Liquor License Applications: City Manager Whereas, the premises to be occupied by recommending approval of annual liquor li-such applicants were inspected and found to cense renewals as submitted. Upon motion the comply with the State Laws and all City Ordin- documents were received and filed and Reso-ances relevant thereto and they have filed lution No. 181-09 Granting the issuance of one proper bonds. license to sell cigarettes and cigarette papers NOW, THEREFORE, BE IT RESOLVED to Walgreen Company; Resolution No. 182-09 BY THE CITY COUNCIL OF THE CITY OF Granting the issuance of a Class “C” Beer DUBUQUE, IOWA: Permit to Beecher Beverage; and Resolution That the Manager be authorized to cause No. 183-09 Granting the issuance of a Class to be issued the following named applicants a “B” Liquor License (Hotel/Motel) to Days Inn Liquor License. and Spirits; a Class “C” Beer/Liquor License to CLASS “B” LIQUOR LICENSE L. May and Hi Ho Mongolian Grill; a Special (HOTEL/MOTEL) Class “C” Liquor License to Monks Kaffee Pub; RonSan Enterprises, Inc., Day Inn & Spirits a Class “WBN” (Native Wine) to Hancock Bar +(Sunday/Outdoor Sale), 1111 Dodge House Bed and Breakfast; and a Special Class Street “C” Liquor License (Four 5-Day Special CLASS “C” BEER/LIQUOR LICENSE Events) to Dubuque Jaycees were adopted. L May, Inc., L. May (Outdoor Sale), 1072 Main Street RESOLUTION NO. 181-09 Mai Nguyen, Inc., Hi Ho Mongolian Grill, NOW, THEREFORE, BE IT RESOLVED 2660 Dodge Street BY THE CITY COUNCIL OF THE CITY OF SPECIAL CLASS “C” LIQUOR LICENSE DUBUQUE, IOWA: D Swift & R Worcester, Monks Kaffee Pub That the following having complied with the +(Sunday Sale), 373 Bluff Street provisions of law relating to the sale of Ciga-CLASS “B” WINE LICENSE rettes within the City of Dubuque, Iowa, be Beecher Co., Inc., Beecher Beverage, granted a permit to sell Cigarettes and Ciga-1691 Asbury Road rette Papers within said City. CLASS “WBN” (NATIVE WINE) NEW Susan Huntley, Hancock House Bed & Walgreens Drug #11942, Walgreen Co., Breakfast Inn, 1105 Grove Terrace th 345 E. 20 Street SPECIAL CLASS “C” LIQUOR LICENSE (5- st Passed, approved and adopted this 1 day DAY SPECIAL EVENT) of June, 2009. Dubuque Jaycees, Dubuque Jaycees (Ju- Joyce E. Connors, Mayor Pro-Tem ly), Town Clock Plaza Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Jaycees, Dubuque Jaycees (Au- gust), Town Clock Plaza RESOLUTION NO. 182-09 Dubuque Jaycees, Dubuque Jaycees Whereas, applications for Beer Permits (September), Town Clock Plaza have been submitted and filed to this Council Dubuque Jaycees, Dubuque Jaycees (Oc- for approval and the same have been ex-tober), Cable Car Square amined and approved: and Passed, approved and adopted this 1st Whereas, the premises to be occupied by day of June, 2009. such applicants were inspected and found to Joyce E. Connors, Mayor Pro-Tem comply with the Ordinances of the City and Attest: Jeanne F. Schneider, CMC, City Clerk have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED Purchase of Service Agreement – Burling- BY THE CITY COUNCIL OF THE CITY OF ton Trailways: City Manager recommending DUBUQUE, IOWA: approval of a revised Purchase of Service That the Manager be authorized to cause Agreement with Burlington Trailways which to be issued the following named applicants a extends the length of the agreement from one Beer Permit. year to five years. Upon motion the documents CLASS “C” BEER PERMIT were received, filed, and approved. Beecher Co. Inc., Beecher Beverage Diverse Dubuque: A Focus on National +(Sunday Sale), 1691 Asbury Road Origin: Passed, approved and adopted this 1st Press release advising that the locally Diverse Dubuque: A day of June, 2009. produced video entitled Focus on National Origin Joyce E. Connors, Mayor Pro-Tem has received the Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Motion Picture Association Award of Ex- Book 139 Regular Session, June 1, 2009 191 cellence in the Corporate and Community Dubuque, Iowa, at 6:30 o'clock PM, on the 1st Marketing category at the Annual IMPA day of June, 2009, for the purpose of taking Awards Ceremony in Des Moines. Upon mo-action on the matter of the issuance of not to tion the document was received, filed, and exceed $700,000 Urban Renewal Tax Incre- approved. ment Revenue Notes, the proceeds of which will be used to provide funds to pay costs of ITEMS TO BE SET FOR PUBLIC HEARING aiding in the planning, undertaking and carry- ing out of urban renewal project activities un- Motion by Lynch to receive and file the der the authority of Chapter 403 of the Code of documents, adopt the resolutions, set the pub-Iowa and the Amended and Restated Urban lic hearings as indicated, and direct the City Renewal Plan for the Greater Downtown Ur- Clerk to publish notice as prescribed by law. ban Renewal District, including those costs Seconded by Jones. Motion carried 6-0. associated with the funding of economic de- velopment grants and loans to 40 Main, LLC, Urban Renewal Tax Increment Revenue an Iowa limited liability company, under the Notes – 40 Main, LLC: City Manager recom-terms of a Development Agreement dated mending that a public hearing be set for June January 15, 2009 between the City of Dubu- 15, 2009 to consider the issuance of not to que, Iowa and 40 Main, LLC, as the same may exceed $700,000 in Urban Renewal Tax In-be amended from time to time, and the funding crement Revenue Notes to support a mixed of related reserves and payment of the costs use redevelopment of the building at 40 Main of issuance of the Notes. Street by 40 Main, LLC. Upon motion the doc-Section 2. That the Clerk is hereby directed uments were received and filed and Resolution to cause at least one publication to be made of No. 184-09 Fixing date for a meeting on the a notice of said meeting, in a legal newspaper, proposition of the issuance of not to exceed printed wholly in the English language, pub- $700,000 Urban Renewal Tax Increment Rev-lished at least once weekly, and having gener- enue Notes of Dubuque, Iowa, and providing al circulation in said City, said publication to be for the publication of notice thereof was not less than four clear days nor more than adopted setting a public hearing for a meeting twenty days before the date of said public to commence at 6:30 p.m. on June 15, 2009 in meeting on the issuance of said obligations. the Historic Federal Building. Section 3. The notice of the proposed ac- tion to issue said Urban Renewal Tax Incre- RESOLUTION NO. 184-09 ment Revenue Notes shall be in substantially FIXING DATE FOR A MEETING ON THE the [provided] form: st PROPOSITION OF THE ISSUANCE OF NOT Passed and approved this 1 day of June, TO EXCEED $700,000 URBAN RENEWAL 2009. TAX INCREMENT REVENUE NOTES OF Joyce E. Connors, Mayor Pro-Tem DUBUQUE, IOWA, AND PROVIDING FOR Attest: Jeanne F. Schneider, CMC, City Clerk PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and North Fork Catfish Creek Sanitary Sewer advisable that the City of Dubuque, Iowa Project – Phase II: City Manager recommend- should issue Urban Renewal Tax Increment ing initiation of the public bidding process for Revenue Notes to the amount of not to exceed the North Fork Catfish Creek Stormwater and $700,000, as authorized by Section 403.9 of Sanitary Sewer Improvements Project – Phase the Code of Iowa, for the purpose of providing II and that a public hearing be set for June 15, funds to pay costs of carrying out a project as 2009. Upon motion the documents were re- hereinafter described; and ceived and filed and Resolution No. 185-09 WHEREAS, Section 403.9 sets forth the Preliminary approval of plans, specifications, procedural action required to be taken before form of contract, and estimated cost; setting said Urban Renewal Tax Increment Revenue date of public hearing on plans, specifications, Notes may be issued, and it is therefore ne-form of contract, and estimated cost; and or- cessary that the action hereinafter described dering the advertisement for bids was adopted be taken and that the Clerk publish a notice of setting a public hearing for a meeting to com- the proposal and of the time and place of the mence at 6:30 p.m. on June 15, 2009 in the meeting at which the Council proposes to take Historic Federal Building. action thereon and to receive oral and/or writ- RESOLUTION NO. 185-09 ten objections from any resident or property NORTH FORK CATFISH CREEK owner of said City to such action. STORMWATER AND SANITARY SEWER NOW, THEREFORE, BE IT RESOLVED PROJECT – PHASE II BY THE CITY COUNCIL OF THE CITY OF PRELIMINARY APPROVAL OF PLANS, DUBUQUE, IOWA: SPECIFICATIONS, FORM OF CONTRACT, Section 1. That this Council meet in the AND ESTIMATED COST; SETTING DATE Historic Federal Building, 350 West 6th Street, 192 Regular Session, June 1, 2009 Book 139 OF PUBLIC HEARING ON PLANS, SPECI- West – North Siegert Farm Phase III Project FICATIONS, FORM OF CONTRACT, AND and that a public hearing be set for June 15, ESTIMATED COST; AND ORDERING THE 2009. Upon motion the documents were re- ADVERTISEMENT FOR BIDS ceived and filed and Resolution No. 186-09 NOW THEREFORE, BE IT RESOLVED Preliminary approval of plans, specifications, BY THE CITY COUNCIL OF THE CITY OF form of contract, and estimated cost; setting DUBUQUE, IOWA: date of public hearing on plans, specifications, The proposed plans, specifications, form of form of contract, and estimated cost; and or- contract and estimated cost for the North Fork dering the advertisement for bids was adopted Catfish Creek Stormwater and Sanitary Sewer setting a public hearing for a meeting to com- Project – Phase II, in the estimated amount mence at 6:30 p.m. on June 15, 2009 in the $1,515,457.67, are hereby preliminarily ap-Historic Federal Building. proved and ordered filed in the office of the RESOLUTION NO. 186-09 City Clerk for public inspection. DUBUQUE INDUSTRIAL CENTER WEST - A public hearing will be held on the 15th NORTH SIEGERT FARM – PHASE 3 day of June, 2009, at 6:30 p.m. in the Historic PRELIMINARY APPROVAL OF PLANS, Federal Building Council Chambers at which SPECIFICATIONS, FORM OF CONTRACT, time interested persons may appear and be AND ESTIMATED COST; SETTING DATE heard for or against the proposed plans and OF PUBLIC HEARING ON PLANS, SPECI- specifications, form of contract and estimated FICATIONS, FORM OF CONTRACT, AND cost of said Project, and the City Clerk be and ESTIMATED COST; AND ORDERING THE is hereby directed to cause the attached notice ADVERTISEMENT FOR BIDS of the time and place of such hearing to be published in a newspaper having general cir-NOW THEREFORE, BE IT RESOLVED culation in the City of Dubuque, Iowa, which BY THE CITY COUNCIL OF THE CITY OF notice shall be published not less than four DUBUQUE, IOWA: days nor more than twenty days prior to the The proposed plans, specifications, form of date of such hearing. At the hearing, any inter-contract and estimated cost for the Dubuque ested person may appear and file objections to Industrial Center West - North Siegert Farm the proposed plans, specifications, form of Phase 3 Project, in the estimated amount of contract, or estimated cost of the Project. $1,073,608, are hereby preliminarily approved The North Fork Catfish Creek Stormwater and ordered filed in the office of the City Clerk and Sanitary Sewer Project – Phase II is here-for public inspection. th by ordered to be advertised for bids for con-A public hearing will be held on the 15 struction. day of June, 2009, at 6:30 p.m. in the Historic The amount of the security to accompany Federal Building Council Chambers at which each bid shall be in an amount which shall time interested persons may appear and be conform to the provisions of the Notice to Bid-heard for or against the proposed plans and ders hereby approved. specifications, form of contract and estimated The City Clerk is hereby directed to adver-cost of said Project, and the City Clerk be and tise for bids for the construction of the im-is hereby directed to cause the attached notice provements herein provided, by publishing the of the time and place of such hearing to be attached Notice to Bidders to be published in a published in a newspaper having general cir- newspaper having general circulation in the culation in the City of Dubuque, Iowa, which City of Dubuque, Iowa, which notice shall be notice shall be published not less than four published not less than four but not more than days nor more than twenty days prior to the forty-five days before the date for filing bids date of such hearing. At the hearing, any inter- rd before 2:00 p.m. on the 23 day of June, ested person may appear and file objections to 2009. Bids shall be opened and read by the the proposed plans, specifications, form of City Clerk at said time and will be submitted to contract, or estimated cost of the Project. the City Council for final action at 6:30 p.m. on The Dubuque Industrial Center West - th the 6 day of July, 2009, in the Historic Feder-North Siegert Farm Phase 3 Project is hereby al Building Council Chambers (second floor), ordered to be advertised for bids for construc- th 350 West 6 Street, Dubuque, Iowa. tion. st Passed, adopted and approved this 1 day The amount of the security to accompany of June, 2009. each bid shall be in an amount which shall Joyce E. Connors, Mayor Pro-Tem conform to the provisions of the Notice to Bid- Attest: Jeanne F. Schneider, CMC, City Clerk ders hereby approved. The City Clerk is hereby directed to adver- Dubuque Industrial Center West – North tise for bids for the construction of the im- Siegert Farm Phase III Project: City Manager provements herein provided, by publishing the recommending initiation of the public bidding attached Notice to Bidders to be published in a process for the Dubuque Industrial Center newspaper having general circulation in the Book 139 Regular Session, June 1, 2009 193 City of Dubuque, Iowa, which notice shall be published in a newspaper having general cir- published not less than four but not more than culation in the City of Dubuque, Iowa, which forty-five days before the date for filing bids notice shall be published not less than four th before 2:00 p.m. on the 18 day of June, 2009. days nor more than twenty days prior to the Bids shall be opened and read by the City date of such hearing. At the hearing, any inter- Clerk at said time and will be submitted to the ested person may appear and file objections to City Council for final action at 6:30 p.m. on the the proposed plans, specifications, form of th 6 day of July, 2009, in the Historic Federal contract, or estimated cost of the Project. Building Council Chambers (second floor), 350 The National Mississippi River Museum th West 6 Street, Dubuque, Iowa. and Aquarium Rivers Center Project - Phase II st Passed, adopted and approved this 1 day is hereby ordered to be advertised for bids for of June, 2009. construction. Joyce E. Connors, Mayor Pro-Tem The amount of the security to accompany Attest: Jeanne F. Schneider, CMC, City Clerk each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- National Mississippi River Museum and ders hereby approved. Aquarium River Center Project – Phase II: City The City Clerk is hereby directed to adver- Manager recommending initiation of the public tise for bids for the construction of the im- bidding process for the National Mississippi provements herein provided, by publishing the River Museum and Aquarium River Center attached Notice to Bidders to be published in a Project – Phase II and that a public hearing be newspaper having general circulation in the set for June 15, 2009. Upon motion the docu-City of Dubuque, Iowa, which notice shall be ments were received and filed and Resolution published not less than four but not more than No. 187-09 Preliminary approval of plans, spe-forty-five days before the date for filing bids cifications, form of contract, and estimated before 10:00 a.m. on the 2nd day of July, cost; setting date of public hearing on plans, 2009. Bids shall be opened and read by the specifications, form of contract, and estimated City Clerk at said time and will be submitted to cost; and ordering the advertisement for bids the City Council for final action at 6:30 p.m. on was adopted setting a public hearing for a the 6th day of July, 2009, in the Historic Fed- meeting to commence at 6:30 p.m. on June eral Building Council Chambers (second floor), th 15, 2009 in the Historic Federal Building. 350 West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day RESOLUTION NO. 187-09 of June, 2009. NATIONAL MISSISSIPPI RIVER MUSEUM Joyce E. Connors, Mayor Pro-Tem AND AQUARIUM Attest: Jeanne F. Schneider, CMC, City Clerk RIVERS CENTER PROJECT – PHASE II Iowa DOT No. EDP-2100 (652)--7Y-31 BOARDS/COMMISSIONS PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, Applicants were invited to address the City AND ESTIMATED COST; SETTING DATE Council regarding their desire to serve on the OF PUBLIC HEARING ON PLANS, SPECI- following Boards/Commissions: FICATIONS, FORM OF CONTRACT, AND Arts and Cultural Affairs Advisory Commis- ESTIMATED COST; AND ORDERING THE sion: Three 3-year terms through June 30, ADVERTISEMENT FOR BIDS 2012 (Terms of Henkels, Steffen, Shafer; 1 at- NOW THEREFORE, BE IT RESOLVED large, 2 business/professionals of which one BY THE CITY COUNCIL OF THE CITY OF must live or work within the Cultural and Enter- DUBUQUE, IOWA: tainment District). Applicants: Ellen Henkels, rd The proposed plans, specifications, form of 890 W. 3 Street; Molly McDonough, 1787 contract and estimated cost for the National Lawndale Street; Geri Shafer, 1207 Adeline Mississippi River Museum and Aquarium Riv-Street; Julie Steffen, 2260 Coates Street; Peg- ers Center Project – Phase II, in the estimated gy Stover, 1145 Locust Street. Ms. Henkels, amount $6,247,000, are hereby preliminarily Ms. Shafer, and Ms. Steffen spoke in support approved and ordered filed in the office of the of their appointment. City Clerk for public inspection. Building Code Appeals Board: Three 3- th A public hearing will be held on the 15 year terms: 1 at-large through August 1, 2011 day of June, 2009, at 6:30 p.m. in the Historic (term of Jahns; 2 newly formed ADA Repre- Federal Building Council Chambers at which sentatives with terms determined by appoint- time interested persons may appear and be ment date). Applicants: Ryan Anglese, 2752 heard for or against the proposed plans and Carlton; Marla Cruise, 905 Rockdale Road. Mr. specifications, form of contract and estimated Anglese spoke in support of his appoint- cost of said Project, and the City Clerk be and ment(s). is hereby directed to cause the attached notice Civic Center Commission: Two 3-year of the time and place of such hearing to be terms through June 29, 2012 (Terms of Fuller 194 Regular Session, June 1, 2009 Book 139 and Parks). Applicants: Cynthia Fuller, 960 hearing to consider the plans, specifications, Prince Phillip Drive; Bryce Parks, 2005 N. form of contract and estimated cost for the Main Street Green Alley Pilot Project – Alley between thth Historic Preservation Commission: Four 3-Jackson and White Streets from 11 to 13 year terms through July 1, 2012 (3 at-large, 1 Streets and City Manager recommending ap- Cathedral Historic District resident or interim; proval. Motion by Jones to receive and file the Terms of Bichell, Lundh, Olson, Knight. Appli-documents and adopt Resolution No. 188-09 cants: Christine Happ Olson, 1090 Grove Ter-Approval of plans, specifications, form of con- race; Shayne Henry, 160 Devon Drive; Mi-tract, and estimated cost for the Green Alley thth chael Knight, 942 Mt. Pleasant Street; Mary Pilot Project (11 – 13 between White and th Loney Bichell, 595 W. 11 Street; Peggy Stov-Jackson Streets); Resolution No. 189-09 With er, 1145 Locust Street. Ms. Olson and Ms. respect to the adoption of the Resolution of Stover spoke in support of their appointment. Necessity proposed for the Green Alley Pilot thth Housing Code Appeals Board: One 3-year Project (11 – 13 between White and Jack- term through January 1, 2011 (Term of son Streets); and Resolution No. 190-09 Ap- Moore). Applicant: Ryan Anglese, 2752 Carl-proving Schedule of Assessment and estimate ton Avenue.of total cost for the Green Alley Pilot Project thth Investment Oversight Advisory Commis-(11 – 13 between White and Jackson sion: Two 3-year terms through July 1, 2012 Streets). Seconded by Lynch. Annette Miller of (Terms of Lassance and Melendez). Appli-1241 Jackson Street and Doris Frost of 1240 rd cants: Brad Chalmers, 1095 W. 3 Street; White Street asked if this project is confirmed Paul Lassance, 4846 Embassy Court; Hiram to begin and what the time line is. City Engi- Melendez, 1920 Shelby Street. Mr. Chalmers neer Gus Psihoyos stated that area between thth spoke in support of his appointment. 11 and 13 is scheduled to begin this sum- Long Range Planning Advisory Commis-mer and be completed at the end of August. sion: Two 3-year terms through July 1, 2012 Motion carried 6-0. (Terms of Darter and Stein). Applicants: Chad RESOLUTION NO. 188-09 Darter, 2544 Matthew John Drive; Lou Oswald, APPROVAL OF PLANS, SPECIFICATIONS, 180 Nowata Street. FORM OF CONTRACT, AND ESTIMATED Park and Recreation Advisory Commis- COST FOR THE GREEN ALLEY PILOT sion: One 3-year term through June 30, 2012 THTH PROJECT (11 – 13 BETWEEN WHITE & (Term of Duggan). Applicants: Robert Blocker, JACKSON STREETS) 880 Kane Street; Charles Duggan, 2317 Bea- con Hill Drive; Shayne Henry, 160 Devon NOW THEREFORE, BE IT RESOLVED Drive; David Schlueter, 3645 Crescent Ridge. BY THE CITY COUNCIL OF THE CITY OF Mr. Blocker spoke in support of his appoint-DUBUQUE, IOWA: ment. That the proposed plans, specifications, TV Cable Regulatory Commission: One 3-form of contract and estimated cost for the thth year term through June 30, 2012 (Term of Green Alley Pilot Project (11 – 13 between Ellis). Applicant: Charlie Ellis, 373 S. Grand-White & Jackson Streets), in the estimated view Avenue. amount $302,374.97, are hereby approved. st TV Cable Community Tele-programming Passed, adopted and approved this 1 day Commission: Three 3-year terms through June of June, 2009. 30, 2012 (Terms of Tigges, Vincent, and Joyce E. Connors, Mayor Pro-Tem McDonough). Applicants: Jennifer Tigges, Attest: Jeanne F. Schneider, CMC, City Clerk 4927 Wild Flower Drive; Alan Vincent, 1010 RESOLUTION NO. 189-09 Dunham Drive. RESOLUTION WITH RESPECT TO THE Zoning Advisory Commission: Two 3-year ADOPTION OF THE RESOLUTION OF NE- terms through July 1, 2012 (Terms of Miller CESSITY PROPOSED FOR THE GREEN and Hardie). Applicants: Ryan Anglese, 2752 ALLEY PILOT PROJECT (11TH – 13TH BE- Carlton Avenue; Stephen Hardie, 62 Fremont TWEEN WHITE & JACKSON STREETS) Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Mr. Miller Whereas, the City Council has proposed a spoke in support of his appointment. Resolution of Necessity for the Green Alley thth Pilot Project (11 – 13 between White & Upon motion the rules were suspended al-Jackson Streets) and has given notice of the lowing anyone present to address the City public hearing thereon as required by law; and Council. Whereas, the public hearing has been PUBLIC HEARINGS held, all persons offering objections have been heard and consideration given to all objections Green Alley Pilot Project – Alley between and is pending before this Council; and thth Jackson and White Streets from 11 to 13 Whereas, this is the time and place set as Streets: Proof of publication on notice of public provided for the taking of action on the pro- Book 139 Regular Session, June 1, 2009 195 posed Resolution of Necessity. North Fork Catfish Creek Sanitary Sewer NOW THEREFORE, BE IT RESOLVED Project – Phase I: Proof of publication on no- BY THE CITY COUNCIL OF THE CITY OF tice of public hearing to consider the plans, DUBUQUE, IOWA: specifications, form of contract, and estimated That the proposed Resolution of Necessity cost for the North Fork Catfish Creek Storm- described above is hereby Adopted, without water and Sanitary Sewer Improvements amendment, and all objections filed or made Project – Phase I and City Manager recom- having been duly considered are overruled. mending approval. Motion by Lynch to receive st Passed, adopted and approved this 1 day and file the documents and adopt Resolution of June, 2009. No. 192-09 Approval of plans, specifications, Joyce E. Connors, Mayor Pro-Tem form of contract, and estimated cost for the Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Stormwater and Sa- nitary Sewer Improvements Project – Phase I. RESOLUTION NO. 190-09 Seconded by Braig. Motion carried 6-0. APPROVING SCHEDULE OF ASSESS- MENTS AND ESTIMATE OF TOTAL COST RESOLUTION NO. 192-09 FOR THE GREEN ALLEY PILOT PROJECT APPROVAL OF PLANS, SPECIFICATIONS, THTH (11 – 13 BETWEEN WHITE & JACKSON FORM OF CONTRACT, AND ESTIMATED STREETS) COST FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY NOW THEREFORE,BE IT RESOLVED SEWER IMPROVEMENTS PROJECT – BY THE CITY COUNCIL OF THE CITY OF PHASE I DUBUQUE, IOWA: That the attached plat, schedule of as-NOW THEREFORE, BE IT RESOLVED sessments, and estimate of total cost for the BY THE CITY COUNCIL OF THE CITY OF thth Green Alley Pilot Project (11 – 13 between DUBUQUE, IOWA: White & Jackson Streets) are hereby ap-That the proposed plans, specifications, proved. form of contract and estimated cost for the st Passed, approved and adopted this 1 day North Fork Catfish Creek Stormwater and Sa- of June, 2009. nitary Sewer Improvements Project – Phase I, Joyce E. Connors, Mayor Pro-Tem in the estimated amount $1,318,739.68, are Attest: Jeanne F. Schneider, CMC, City Clerk hereby approved. st Passed, adopted and approved this 1 day Trolley Line Trail – Eagle Point Park of June, 2009. Project: Proof of publication on notice of public Joyce E. Connors, Mayor Pro-Tem hearing to consider the plans, specifications, Attest: Jeanne F. Schneider, CMC, City Clerk form of contract and estimated cost for the Trolley Line Trail – Eagle Point Park Project Upon motion the rules were reinstated li- and City Manager recommending approval. miting discussion to the City Council. Motion by Jones to receive and file the docu- ACTION ITEMS ments and adopt Resolution No. 191-09 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Eagle Point Police Department Towing Contract: City Trolley Line Trail Project. Seconded by Voet-Manager recommending award of the Fiscal berg. Motion carried 6-0. Year 2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Motion by Braig to receive RESOLUTION NO. 191-09 and file the documents and approve the rec- APPROVAL OF PLANS, SPECIFICATIONS, ommendation. Seconded by Jones. Respond- FORM OF CONTRACT, AND ESTIMATED ing to questions from the City Council, Acting COST FOR THE TROLLEY LINE TRAIL – Police Chief Terry Tobin provided a brief histo- EAGLE POINT PARK PROJECT ry and explanation of the towing contract NOW THEREFORE, BE IT RESOLVED process. Motion carried 6-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Urban Development Action Grant (UDAG) That the proposed plans, specifications, Loan Agreement – Genuine Genius Solutions: form of contract and estimated cost for the City Manager recommending approval to Trolley Line Trail – Eagle Point Park Project, in amend the $40,000 Urban Development Ac- the estimated amount $242,309.99, are hereby tion Grant (UDAG) Loan Agreement with Ge- approved. nuine Genius Solutions, LLC to allow a one st Passed, adopted and approved this 1 day year extension of the repayment of the loan. of June, 2009. Responding to questions from City Council, Joyce E. Connors, Mayor Pro-Tem Economic Development Director Dave Heiar Attest: Jeanne F. Schneider, CMC, City Clerk stated that the City’s Finance Department monitors loan payments, the firm is not cur- 196 Regular Session, June 1, 2009 Book 139 COUNCIL MEMBER REPORTS rently required to provide financial statements, and the firm’s equipment is held as the loan security. Motion by Jones to table to June 15, Resnick reported that he had recently read 2009. Seconded by Resnick. Motion carried 5-that the Platteville, Wisconsin, pet park has 1 with Lynch voting nay. been successful and that regional residents are hoping Dubuque will resolve its pet park Municipal Housing Agency Governing issue. Board: City Manager recommending approval of an ordinance amending Chapter 15, Com-There being no further business, upon mo- munity Development of the City of Dubuque tion the City Council adjourned at 7:32 p.m. Code of Ordinances dissolving the Municipal Housing Agency Governing Board. Motion by /s/Jeanne F. Schneider, CMC Lynch to receive and file the documents and City Clerk that the requirement that a proposed ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 26-09 Amending City of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing Agency. Seconded by Braig. Motion carried 6-0 OFFICIAL PUBLICATION ORDINANCE NO. 26-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 15, COMMUNITY DEVELOPMENT, BY REPEALING SECTION 15-11 MUNICIPAL HOUSING AGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances § 15-11 is hereby repealed. Section 2. This ordinance shall take effect immediately upon publication. st Passed, approved and adopted this 1day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 8 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Pet Park: Request of City Council Member Ric Jones to schedule a worksession regard- ing the community’s dog park. Motion by Jones to direct staff to schedule a work ses- sion to discuss future plans for a pet park and to include the Park and Recreation Commis- sion, the Humane Society and other stake- holders. Seconded by Braig. Motion failed 3-3 with Voetberg, Connors and Lynch voting nay. Book 139 Special Session, June 8, 2009 197 CITY OF DUBUQUE, IOWA Upon motion the City Council reconvened in Open Session at 8:43 p.m. stating that staff CITY COUNCIL had been given proper direction. OFFICIAL PROCEEDINGS There being no further business, upon mo- tion the City Council adjourned at 8:44 p.m. The Dubuque City Council met in special /s/Jeanne F. Schneider, CMC session at 5:30 p.m. on June 8, 2009 in the City Clerk Historic Federal Building. Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City At- torney O’Brien Absent: Council Member Braig Mayor Buol read the call and stated this is a special session of the City Council to discuss the Unified Development Code. WORK SESSION 3 (Final) Discussion regarding the Unified Development Code Planning Services Manager Laura Cars- tens introduced Associate Planner Kyle Kritz, Assistant Planner Guy Hemmingway and As- sistant Planner Wally Wernimont. Carstens stated that this session will cover Articles 11- 17 of the Unified Development Code. Carstens provided information on proposed changes to the following Articles: Article 11 Land subdivision Article 12 Site plans Article 13 Design standards (substantially new) Article 14 Parking Article 15 Signs Article 16 Administration and enforce- ment (no substantive change) Article 17 Legal status provisions (no substantive changes) Carstens stated that public input was re- ceived on all articles and solicited from the Business Roundtable and developers. Article 15 on signs had its own review committee, and the Environmental Stewardship Commission reviewed development proposals. Carstens provided follow up from work session #2. During discussion, City Council Members questioned words and phrases, noted correc- tions, and offered their suggestions related to Articles 11-17 of the Unified Development Code. CLOSED SESSION Motion by Jones to go into Closed Session at 7:44 p.m. Seconded by Resnick. Motion carried 6-0. 198 Regular Session, June 15, 2009 Book 139 CITY OF DUBUQUE, IOWA City Attorney advising that the following claims have been referred to Public Entity Risk CITY COUNCIL Services of Iowa, the agent for the Iowa Com- OFFICIAL munities Assurance Pool: Richard Rokusek for PROCEEDINGS property damage; Allied Property and Casualty Insurance for vehicle damage; The Durrant Group / Gary Bechtel for vehicle damage; The Dubuque City Council met in regular John Butcher for vehicle damage. Upon mo- session at 6:30 p.m. on June 15, 2009 in the tion the documents were received and filed Historic Federal Building. and concurred. Present: Mayor Pro-Tem Connors, Council Green Alley Pilot Project – Alley between Members Braig, Jones, Lynch, Resnick, Voet- thth Jackson and White Streets from 11 to 13 berg, City Manager Van Milligen, City Attorney Streets: City Manager recommending award of Lindahl the contract for the Green Alley Pilot Project – Alley between Jackson and White Streets from Absent: Mayor Roy D. Buol thth 11 to 13 Streets to Portzen Construction, Inc. in the amount of $215,274.25. Upon mo- Pledge of Allegiance tion the documents were received and filed and Resolution No. 193-09 Awarding public Invocation was provided by Deacon David improvement contract for the Green Alley Pilot McGhee of the Church of the Nativity thth Project (11 – 13 between White and Jack- son Streets) was adopted. PROCLAMATIONS RESOLUTION NO. 193-09 Colts Drum and Bugle Corps (June 30 and AWARDING PUBLIC IMPROVEMENT CON- July 31, 2009) was accepted by Colts Youth TRACT FOR THE GREEN ALLEY PILOT Program Director Vicky Schaffer, 2685 Broad- THTH PROJECT (11 – 13 BETWEEN WHITE way Street; Monarch Moments Month (July, AND JACKSON STREETS) 2009) was accepted by Sue Frank, 2937 Bur- Whereas, sealed proposals have been lington Street. submitted by contractors for the Green Alley thth Pilot Project (11 – 13 between White & CONSENT ITEMS Jackson Streets) (the Project) pursuant to Resolution No. 159-09 and Notice to Bidders Motion by Lynch to receive and file the published in a newspaper published in the City documents, adopt the resolutions, and dispose nd of Dubuque, Iowa on the 22 day of May, of as indicated. Seconded by Braig. Motion 2009. carried 6-0. Whereas, said sealed proposals were Minutes and Reports Submitted: Cable TV th opened and read on the 4 day of June, 2009 Teleprogramming Commission of 5/5; City and it has been determined that Portzen Con- Council of 6/1 and 6/8; Civil Service Commis- struction, Inc. of Dubuque, Iowa, with a bid in sion of 5/14 and 5/15; Community Develop- the amount of $215,274.25, is the lowest res- ment Advisory Commission of 4/22; Environ- ponsive, responsible bidder for the Project. mental Stewardship Advisory Commission of NOW THEREFORE, BE IT RESOLVED 5/5; Historic Preservation Commission of 5/21; BY THE CITY COUNCIL OF THE CITY OF Housing Commission Trust Fund Committee of DUBUQUE, IOWA: 9/29/08; Human Rights Commission of 3/9 and That a Public Improvement Contract for the 4/30; Park and Recreation Commission of Project is hereby awarded to Portzen Con- 5/12; Zoning Advisory Commission of 6/3; struction, Inc. and the City Manager is hereby Zoning Board of Adjustment of 5/28 directed to execute a Public Improvement Proofs of publication of City Council Pro- Contract on behalf of the City of Dubuque for ceedings of May 18 and May 27, 2009 and List the Project. of Claims and Summary of Revenues for th Passed, approved and adopted this 15 Month Ended April 30, 2009 day of June, 2009. Upon motion the documents were received Joyce E. Connors, Mayor Pro-Tem and filed. Attest: Jeanne F. Schneider, CMC, City Clerk Notice of Claims/Suits: The Durrant Group Trolley Line Trail – Eagle Point Park / Gary Bechtel for vehicle damage; James J. Project: City Manager recommending award of Butcher for vehicle damage; Sue Craven for the contract for the Trolley Line Trail – Eagle vehicle damage. Upon motion the documents Point Park Project to Portzen Construction, were received and filed and referred to the City Inc. in the amount of $202,216.00. Upon mo- Attorney. tion the documents were received and filed Book 139 Regular Session, June 15, 2009 199 and Resolution No. 194-09 Awarding public Whereas, said sealed proposals were th improvement contract for the Eagle Point Trol-opened and read on the 9 day of June, 2009 ley Line Trail Project was adopted. and it has been determined that Anstoetter Construction Co. of Farley, Iowa, with a bid in RESOLUTION NO. 194-09 the amount of $781,801.00 is the lowest res- AWARDING PUBLIC IMPROVEMENT CON- ponsive, responsible bidder for the Project. TRACT FOR THE TROLLEY LINE TRAIL – NOW THEREFORE, BE IT RESOLVED EAGLE POINT PARK PROJECT BY THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been DUBUQUE, IOWA: submitted by contractors for the Trolley Line That a Public Improvement Contract for the Trail - Eagle Point Park Project (the Project) Project is hereby awarded to Anstoetter Con- pursuant to Resolution No. 162-09 and Notice struction Co. and the City Manager is hereby to Bidders published in a newspaper published directed to execute a Public Improvement nd in the City of Dubuque, Iowa on the 22 day of Contract on behalf of the City of Dubuque for May, 2009. the Project. th Whereas, said sealed proposals were Passed, approved and adopted this 15 th opened and read on the 4 day of June, 2009 day of June, 2009. and it has been determined that Portzen Con-Joyce E. Connors, Mayor Pro-Tem struction, Inc. of Dubuque, Iowa, with a bid in Attest: Jeanne F. Schneider, CMC, City Clerk the amount of $202,216.00, is the lowest res- ponsive, responsible bidder for the Project. Roosevelt Park Master Plan Consultant NOW THEREFORE, BE IT RESOLVED Selection: City Manager recommending ap- BY THE CITY COUNCIL OF THE CITY OF proval of the selection of Confluence as the DUBUQUE, IOWA: consultant to develop the Roosevelt Park Mas- That a Public Improvement Contract for the ter Plan. Upon motion the documents were Project is hereby awarded to Portzen Con-received, filed, and approved. struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Quince Street Underground Utility Recon- Contract on behalf of the City of Dubuque for struction Project: City Manager recommending the Project. acceptance of the Quince Street Underground th Passed, approved and adopted this 15 Utility Reconstruction Project as completed by day of June, 2009. Top Grade Excavating, Inc. of Dubuque, Iowa, Joyce E. Connors, Mayor Pro-Tem in the final contract amount of $102,573.17 Attest: Jeanne F. Schneider, CMC, City Clerk and establishment of the Final Schedule of Assessments. Upon motion the documents North Fork Catfish Creek Sanitary Sewer were received and filed and Resolution No. Project – Phase I: City Manager recommend-196-09 Accepting the Quince Street Under- ing award of the contract for the North Fork ground Utility Reconstruction Project and au- Catfish Creek Stormwater and Sanitary Sewer thorizing payment to the contractor and Reso- Improvements Project – Phase I to Anstoetter lution No. 197-09 Adopting the final assess- Construction Co. in the amount of ment schedule for the Quince Street Under- $781,801.00. Upon motion the documents ground Utility Reconstruction Project were were received and filed and Resolution No. adopted. 195-09 Awarding public improvement contract RESOLUTION NO. 196-09 for the North Fork Catfish Creek Stormwater ACCEPTING THE QUINCE STREET UN- and Sanitary Sewer Improvements Project – DERGROUND UTILITY RECONSTRUCTION Phase I was adopted. PROJECT AND AUTHORIZING THE PAY- RESOLUTION NO. 195-09 MENT OF THE CONTRACT AMOUNT TO AWARDING PUBLIC IMPROVEMENT CON-THE CONTRACTOR TRACT FOR THE NORTH FORK CATFISH Whereas, the Public Improvement Contract CREEK STORMWATER AND SANITARY for the Quince Street Underground Utility Re- SEWER IMPROVEMENTS PROJECT – construction Project (the Project) has been PHASE i completed and the City Engineer has ex- Whereas, sealed proposals have been amined the work and filed a certificate stating submitted by contractors for the North Fork that the Project has been completed according Catfish Creek Stormwater and Sanitary Sewer to the terms of the Public Improvement Con- Improvements Project – Phase I (the Project) tract and that the City Engineer recommends pursuant to Resolution No. 163-09 and Notice that the Project be accepted; and to Bidders published in a newspaper published NOW THEREFORE, BE IT RESOLVED nd in the City of Dubuque, Iowa on the 22 day of BY THE CITY COUNCIL OF THE CITY OF May, 2009. DUBUQUE, IOWA: 200 Regular Session, June 15, 2009 Book 139 Section 1. The recommendation of the City tion to the special benefits conferred and not in Engineer is approved and the Project is hereby excess of twenty-five percent of the value of accepted. same. Section 2. The Finance Director is hereby The City Clerk be and is hereby directed to directed to pay to the Contractor from the certify the Final Schedule of Assessments to Quince Street Resurfacing, Water Main Re-the County Treasurer of Dubuque County, placement Program, Quince Street Sanitary Iowa, and to publish notice of said certification Sewer Reconstruction, Storm Sewer Im-once each week for two consecutive weeks in provement/Extension Capital Improvement the manner provided in Iowa Code § 362.3, Project, Fiscal Year 2009 Annual Street Con-the first publication of which shall be not more struction Program appropriations for the con-than fifteen days from the date of filing of the tract amount of $102,573.17 less any retained Final Schedule of Assessments. On or before percentage provided for therein as provided in the date of the second publication of the no- Iowa Code chapter 573, and to pay such retai-tice, the City Clerk shall also mail a copy of nage only in accordance with the provisions of said notice to property owners whose property Iowa Code chapter 573. is subject to assessment, as provided in Iowa th Passed, approved and adopted this 15 Code § 384.60. day of June, 2009. The assessments may be paid in full or in Joyce E. Connors, Mayor Pro-Tem part without interest at the office of the City th Attest: Jeanne F. Schneider, CMC, City Clerk Treasurer, City Hall, 50 W. 13 Street, Dubu- que, Iowa, at any time within 30 days after the CITY ENGINEER’S CERTIFICATE OF FINAL date of the first notice of the Final Schedule of COMPLETION OF THE QUINCE STREET Assessments. Thereafter, unpaid assessments UNDERGROUND UTILITY RECONSTRUC- of $100.00 or more are payable in 10 annual TION PROJECT installments at the County Treasurer’s Office, The undersigned City Engineer of the City Dubuque County Courthouse, 720 Central of Dubuque, Iowa, hereby certifies that he has Avenue, Dubuque, Iowa, and will draw annual inspected the Quince Street Underground Utili-interest at nine percent (9%) computed to De- ty Reconstruction Project, that the Project has cember 1 next following the due dates of the been performed in compliance with the terms respective installments as provided in Section of the Public Improvement Contract, and that 384.65 of the Code of Iowa. Each installment the total cost of the completed work is will be delinquent from October 1 following its $112,831.13. due date on July 1 of each year. However, th Dated this 10 day of June, 2009. when the last day of September is a Saturday Gus Psihoyos, City Engineer or Sunday, that amount shall be delinquent th Filed in the office of the City Clerk on the 10 from the second business day of October. De- day of June, 2009. linquent installments will draw the same delin- Jeanne F. Schneider, CMC, City Clerk quent interest as ordinary taxes. Property owners may elect to pay any annual install- RESOLUTION NO. 197-09 ments semi-annually in advance. th ADOPTING THE FINAL ASSESSMENT Passed, approved and adopted this 15 SCHEDULE FOR THE QUINCE STREET day of June, 2009. UNDERGROUND UTILITY RECONSTRUC- Joyce E. Connors, Mayor Pro-Tem TION PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED CITY OF DUBUQUE, IOWA BY THE CITY COUNCIL OF THE CITY OF QUINCE STREET UNDERGROUND UTILITY DUBUQUE, IOWA: RECONSTRUCTION PROJECT After full consideration, the Final Schedule (RUSH TO CLEVELAND) of Assessments as shown on the attached FINAL SCHEDULE OF VALUATION AND sheet(s), Page 1 to Page 1 inclusive, is hereby PROPOSED ASSESSMENTS approved for the Quince Street Underground DATE: JUNE 19, 2009 Utility Reconstruction Project. There is hereby assessed and levied as a The following schedule is hereby deter- special tax against and upon each of the bene-mined to show each lot proposed to be as- fited properties, the respective sums indicated. sessed for the improvement shown in the title The amounts shown in said Final Schedule of together with the amount proposed to be as- Assessments as deficiencies are found to be sessed against each lot and the valuations proper and levied conditionally against the shown opposite each lot are hereby fixed as respective properties benefited by the im-the true valuations of such lots by the City provements as shown in the Final Schedule of Council of the City of Dubuque. Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- Book 139 Regular Session, June 15, 2009 201 PROPERTY OWNER NAME, LOT DE- Commission recommending approval of twelve SCRIPTION, PARCEL NUMBER, MAILING Fiscal Year 2010 Arts and Culture Operating ADDRESS, STREET ADDRESS, VALUA- Support funding requests and authorization for TION WITH IMPROVEMENT, CITY, STATE, the City Manager to sign the funding agree- WATER SERVICE PRIVATE LATERAL ments. Upon motion the documents were re- COST, SANITARY SEWER PRIVATE LAT- ceived, filed, and approved. ERAL COST, TOTAL NET ASSESSMENT, PUBLIC IMPROVEMENTS ASSESSMENT Fiscal Year 2010 Special Projects Arts and Schmidt, Melvin J & Kunkel-Schmidt, Julie Culture Grants: Arts and Cultural Affairs Advi- M., LOT 1-116 UNION ADD, 10-25-453-010, sory Commission recommending approval of 277 Quince Street, 277 Quince Street, the Fiscal Year 2010 Arts and Culture Grants $79,463.20, Dubuque, IA 52003, -0-, $563.20, for Special Projects and authorization for the $563.20, $563.20 City Manager to sign the grant agreements. Lott, Julie A., LOT 2 OF 104 UNION ADD, Upon motion the documents were received, 10-25-453-004, 265 Alpine, 255 Quince Street, filed, and approved. $85,488.60, Dubuque, IA 52001, -0-, $688.60, $688.60, $688.60 Eide Bailly Audit Agreement: City Manager Hord, James K, LOT 2-1-N 150'-1-105 UN-advising that the Eide Bailly Audit Engagement ION ADD, 10-25-454-005, 244 Quince Street, Letter has been signed for the Fiscal Year 244 Quince Street, $76,897.60, Dubuque, IA ending June 30, 2009. Upon motion the docu- 52003, -0-, $897.60, $897.60, $897.60 ments were received and filed. Gwinn, Richard S & Vogt, Francis J., S 50' LOT 1-105 UNION ADD, 10-25-454-006, 264 PEG Capital Grant Expenditure Request: Quince Street, 264 Quince Street, City Manager recommending approval of the $102,304.58, Dubuque, IA 52003, $838.33, Cable TV Tele-Programming Commission rec- $866.25, $1,704.58, $1,704.58 ommendation for funding from the Public, Maiers, David L. & Diane L., LOT 1 Educational, and Government (PEG) Capital QUINCE STREET SUB, 10-25-454-015, 280 Grant for Access Equipment and Facilities for Quince Street, 280 Quince Street, up to $40,000 for the necessary equipment to $128,830.40, Dubuque, IA 52003, -0-, offer a free high school video production pro- $730.40, $730.40, $730.40 gram at the Dubuque Art Center. Upon motion Schwartz, Jeffrey L. & Krier, Tina M., LOT the documents were received, filed, and ap- 2-116 UNION ADD, 10-25-453-011, 855 Rush proved. Street, 855 Rush Street, $116,521.40, Dubu- que, IA 52003, -0-, $521.40, $521.40, $521.40 Bank Transfers – Dubuque Metropolitan TOTALS: $838.33, $4,267.45, $5,105.78, Area Solid Waste Agency: City Manager re- $5,105.78 commending approval for certain Finance De- partment employees to obtain information and Historic Preservation Commission Advisory make transfers between City of Dubuque / Design Review – Library Entry Plaza: Historic Dubuque Metropolitan Area Solid Waste Preservation Commission recommending ap-Agency bank accounts. Upon motion the doc- proval of the Library Entry Plaza as presented uments were received and filed and Resolution with broom finished colored concrete paving No. 198-09 Authorizing certain City of Dubu- compatible with the colors of the approved que Finance Department employees to obtain Library sidewalk pattern. Upon motion the bank account information and make transfers documents were received, filed, and approved. between City of Dubuque bank accounts within a banking institution was adopted. 2009 Justice Assistance Grant (JAG) Ap- RESOLUTION NO. 198-09 plication: City Manager recommending ap- proval of the 2009 Justice Assistance Grant (JAG) application. Upon motion the documents Whereas,the City of Dubuque maintains were received, filed, and approved. accounts with local banking institutions; and Whereas,the banking institutions require Iowa Power Fund Application for Smart authorization by the City Council for City em- Water Meter Replacement Program: City ployees other than those designated on ac- Manager recommending approval of the sub-count signature cards to obtain bank account mittal of a $2,000,000 Iowa Power Fund grant information and transfer funds between City application to implement the Smart Water Me-accounts at that institution; and ter Replacement Program. Upon motion the Whereas,the City Council has determined documents were received, filed, and approved. that the City employees who may obtain bank account information and transfer funds be- Fiscal Year 2010 Arts and Culture Funding tween accounts within a banking institution are Program: Arts and Culture Affairs Advisory the Finance Department Account Clerk I, 202 Regular Session, June 15, 2009 Book 139 Cheryl L. Pregler, and Accountant, Melissa J. buque Initiatives, and Roshek Building Invest- McGinnis. ment Fund, LLC, was adopted. NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 199-09 BY THE CITY COUNCIL OF THE CITY OF APPROVING AND AUTHORIZING EXECU- DUBUQUE, IOWA: TION OF A REVISED FORM OF NOTICE Section 1.The Finance Department’s Ac- AND CONSENT AGREEMENT BY AND count Clerk I, Cheryl L. Pregler, and Accoun- AMONG THE CITY OF DUBUQUE, IOWA, tant, Melissa J. McGinnis, are hereby autho- DUBUQUE BANK & TRUST COMPANY, rized to obtain bank account information on all DUBUQUE INITIATIVES, AND ROSHEK City of Dubuque accounts and to transfer BUILDING INVESTMENT FUND, LLC funds between the City’s accounts within a banking institution. Transfers shall be autho-WHEREAS, in connection with the rehabili- rized via telephone or written request. tation, renovation and improvement of of- th Passed, approved and adopted this 15 fice/retail space in the Roshek Building located day of June, 2009. generally at 700 Locust Street, Dubuque, Joyce E. Connors, Mayor Pro-Tem Iowa, the City of Dubuque (“City”) and other Attest: Jeanne F. Schneider, City Clerk parties intend to enter into various agreements for the purpose of facilitating the use of historic Water Meter Change-Out Project Consul-tax credits and new market tax credits in con- tant: City Manager recommending approval of junction with that project; and the selection of HDR Engineering as the City’s WHEREAS, pursuant to Resolution No. consultant for the construction and procure-169-09 approved on June 1, 2009, a form of ment of the Water Meter Change-Out Project. Notice and Consent Agreement was approved Upon motion the documents were received, as to form by this Council for the purpose of filed, and approved. ensuring that the City receives certain notices and has certain rights of consent in connection Dubuque Humane Society: Communication the various agreements to be entered into; and from Jane McCall, Dubuque Humane Society, WHEREAS, following such action certain withdrawing their dog park proposal. Upon modifications were proposed and have been motion the document was received and filed. made to the form of Notice and Consent Agreement, which modifications are accepta- Keyline Transit Bus Procurement: City ble to the City Attorney, and a revised form of Manager recommending approval to proceed Notice of Consent Agreement containing such with the procurement of two heavy duty buses modifications (the "Agreement") now has been and one light duty bus with economic stimulus presented to the City Council for further review funding. Upon motion the documents were and final approval; and received, filed, and approved. WHEREAS, the Council has determined that the Agreement is in the best interests of Port of Dubuque Adams Development, the City and the residents thereof. LLC – Durrant Project: City Manager recom-NOW, THEREFORE, BE IT RESOLVED mending approval of the Partial Assignment of BY THE CITY COUNCIL OF THE CITY OF Development Agreement and Collateral As-DUBUQUE, IOWA: signment of Development Agreement for the Section 1. That the form and content of the Port of Dubuque Adams Development, LLC – Agreement, the provisions of which are incor- Durrant Project to Stonekey Properties, LLC. porated herein by reference, be and the same Upon motion the documents were received, hereby are in all respects authorized, ap- filed, and approved. proved and confirmed, and the Mayor and the City Clerk be and they hereby are authorized, Roshek Building / IBM Redevelopment empowered and directed to execute, attest, Project: City Manager recommending approval seal and deliver the same for and on behalf of of a revised Notice and Consent Agreement by the City in substantially the form and content and among the City, Dubuque Bank and Trust, now before this meeting, but with such Dubuque Initiatives and Roshek Building In-changes, modifications, additions or deletions vestment Fund, LLC, an entity that is being therein as may be approved by such officers created as part of the tax credit transactions upon the advice of the City Attorney, and that involving the Roshek Building / IBM Redeve-from and after the execution and delivery of lopment Project. Upon motion the documents the Agreement, the Mayor and the City Clerk were received and filed and Resolution No. are hereby authorized, empowered and di- 199-09 Approving and authorizing execution of rected to do all such acts and things and to a revised Form of Notice and Consent Agree-execute all such documents as may be neces- ment by and among the City of Dubuque, sary to carry out and comply with the provi- Iowa, Dubuque Bank & Trust Company, Du-sions of the Agreement as executed. Book 139 Regular Session, June 15, 2009 203 th Passed and approved this 15 day of June, Hartig Drug #8, Hartig Drug Company, 2009. 1600 University Avenue Joyce E. Connors, Mayor Pro-Tem Hy-Vee Foodstore #1, Hy-Vee, Inc., 3500 Attest: Jeanne F. Schneider, CMC, City Clerk Dodge Street Hy-Vee Wine & Spirits #1, Hy-Vee, Inc., Liquor License Transfer: Request of the 3500 Dodge Street (B) American Legion Post #6 to transfer their liq-Hy-Vee Foodstore #2, Hy-Vee, Inc., 2395 uor license to Nativity Church on July 2, 2009. NW Arterial Upon motion the documents were received, Hy-Vee Gas #2, Hy-Vee, Inc., 2435 NW filed, and approved. Arterial Hy-Vee Foodstore #3, Hy-Vee, Inc., 400 S. Liquor / Tobacco License Applications: City Locust Street Manager recommending approval of annual Hy-Vee Gas #3, Hy-Vee, Inc., 300 S. Lo- liquor license renewals as submitted. Upon cust Street motion the documents were received and filed Instant Replay, Pam Arensdorf, 1602 Cen- and Resolution No. 200-09 Granting the is-tral Avenue st suance of twenty-eight renewal licenses to sell Oky Doky #1 , TFM Company, 250 W. 1 cigarettes and cigarette papers; Resolution Street nd No. 201-09 Granting the issuance of a Class Oky Doky #2, TFM Company, 51 W. 32 “B” Beer Permit to the Colts Community Cen-Street ter and a Class “C” Beer Permit to Walgreens Oky Doky #6, TFM Company, 1256 Iowa #6154, Walgreens #9708 and Walgreens Street #11942; and Resolution No. 202-09 Granting Plaza 20 B P/Amoco, R Future, 2600 the issuance of a Class “C” Beer/Liquor Li-Dodge Street cense to Los Aztecas II Mexican Restaurant, Puff n Stuff, Molo Oil Company, 1101 Creslanes Bowling, Dubuque Bowling Lanes, Rhomberg Avenue American Legion #6 and Applebee’s Grill and Ron’s Discount Smoke/Bev., RKM, LLC, Bar; and a Special Class “C” Liquor License to 1450 Loras Blvd. the Rotary Club were adopted. Ron’s Discount Smoke/Bev., RKM, LLC, 3300 Asbury Road RESOLUTION NO. 200-09 Ron’s Point Mart, R Future, 405 Rhomberg NOW, THEREFORE, BE IT RESOLVED Avenue BY THE CITY COUNCIL OF THE CITY OF Sid’s Beverage Store, Sid’s Beverage, Inc., DUBUQUE, IOWA: 2727 Dodge Street That the following having complied with the Passed, approved and adopted this 15th provisions of law relating to the sale of Ciga-day of June, 2009 rettes within the City of Dubuque, Iowa, be Joyce E. Connors, Mayor Pro-Tem granted a permit to sell Cigarettes and Ciga-Attest: Jeanne F. Schneider, CMC, City Clerk rette Papers within said City. RESOLUTION NO. 201-09 (28 Renewals) Beecher Company, Inc., Beecher Compa-Whereas, applications for Beer Permits ny, 1691 Asbury Road have been submitted and filed to this Council Big 10 Mart, Molo Oil Company, 2100 JFK for approval and the same have been ex- Road amined and approved: and Big 10 Mart, Molo Oil Company, 1875 JFK Whereas, the premises to be occupied by Road such applicants were inspected and found to Casey General Store #2421, Casey’s Mar-comply with the Ordinances of the City and keting, 4003 Peru Road have filed proper bonds. Casey General Store #2420, Casey’s Mar-NOW, THEREFORE, BE IT RESOLVED keting, 2699 Rockdale Road BY THE CITY COUNCIL OF THE CITY OF Diamond Jo Casino, Diamond Jo, LLC, DUBUQUE, IOWA: 301 Bell Street That the Manager be authorized to cause Econo Foods #471, Nash Finch Company, to be issued the following named applicants a 3355 JFK Road Beer Permit. Family Mart , Family Mart, Inc., 3201 Cen-CLASS “B” BEER PERMIT tral Avenue Legionnaires Drum & Bugles Corp, Colts Hartig Drug #2, Hartig Drug Company, 157 Community Center +(Sunday Sale), 1101 Cen- Locust Street tral Avenue Hartig Drug #3, Hartig Drug Company, CLASS “C” BEER PERMIT 2255 JFK Road Walgreen Co., Walgreens #6154 +(Sunday Hartig Drug #4, Hartig Drug Company, Sale), 2260 JFK Road 2225 Central Avenue Walgreen Co., Walgreens #9708 +(Sunday Sale), 55 JFK Road 204 Regular Session, June 15, 2009 Book 139 Walgreen Co., Walgreens #11942 estimated cost; and ordering the advertise- +(Sunday Sale), 345 E. 20th Street ment for bids for the Pennsylvania Avenue Passed, approved and adopted this 15th from IA 32 to Vizaleea Drive Safety Improve- day of June, 2009. ments Project was adopted setting a public Joyce E. Connors, Mayor, Pro-Tem hearing for a meeting to commence at 6:30 Attest: Jeanne F. Schneider, CMC, City Clerk p.m. on July 6, 2009 in the Historic Federal Building. RESOLUTION NO. 202-09 RESOLUTION NO. 203-09 Whereas, applications for Liquor Licenses PENNSYLVANIA AVENUE FROM IA 32 TO have been submitted to this Council for ap- VIZALEEA DRIVE proval and the same have been examined and SAFETY IMPROVEMENTS PROJECT, approved; and PHASE II Whereas, the premises to be occupied by such PRELIMINARY APPROVAL OF PLANS, applicants were inspected and found to comply SPECIFICATIONS, FORM OF CONTRACT, with the State Laws and all City Ordinances AND ESTIMATED COST; SETTING DATE relevant thereto and they have filed proper OF PUBLIC HEARING ON PLANS, SPECI- bonds. FICATIONS, FORM OF CONTRACT, AND NOW, THEREFORE, BE IT RESOLVED ESTIMATED COST; AND ORDERING THE BY THE CITY COUNCIL OF THE CITY OF ADVERTISEMENT FOR BIDS DUBUQUE, IOWA: That the Manager be authorized to cause NOW THEREFORE, BE IT RESOLVED to be issued the following named applicants a BY THE CITY COUNCIL OF THE CITY OF Liquor License. DUBUQUE, IOWA: CLASS “C” BEER/LIQUOR LICENSE The proposed plans, specifications, form of Hildalgo, Inc., Los Aztecas II Mexican Res-contract and estimated cost for the Pennsylva- taurant +(Sunday/Outdoor) , 2345 NW Arterial nia Avenue from IA 32 to Vizaleea Drive Safe- Creslanes Bowling, Inc., Creslanes Bowl-ty Improvements Project, Phase II, in the esti- ing +(Sunday Sale), 255 S. Main Street mated amount $364,950.73, are hereby preli- James R. Ferring, Dubuque Bowling Lanes minarily approved and ordered filed in the of- +(Sunday Sale), 1029 ½ Main Street fice of the City Clerk for public inspection. th DBQ American Legion #6, American Le-A public hearing will be held on the 6 day gion #6 +(Sunday Sale), 1306 Delhi Street of July, 2009, at 6:30 p.m. in the Historic Fed- Apple Corps., Applebee’s Grill & Bar eral Building Council Chambers at which time +(Sunday Sale), 1395 Associates Drive interested persons may appear and be heard for or against the proposed plans and specifi- SPECIAL CLASS “C” LIQUOR cations, form of contract and estimated cost of Rotary Club of Dubuque, Rotary said Project, and the City Clerk be and is he- Club+(Sunday Sale), 135 W. 8th Street reby directed to cause the attached notice of Passed, approved and adopted this 15th the time and place of such hearing to be pub- day of June, 2009 lished in a newspaper having general circula- Joyce E. Connors, Mayor Pro-Tem tion in the City of Dubuque, Iowa, which notice Attest: Jeanne F. Schneider, CMC, City Clerk shall be published not less than four days nor more than twenty days prior to the date of ITEMS TO BE SET FOR PUBLIC HEARING such hearing. At the hearing, any interested person may appear and file objections to the Motion by Lynch to receive and file the proposed plans, specifications, form of con- documents, adopt the resolutions, set the pub-tract, or estimated cost of the Project. lic hearings as indicated, and direct the City The Pennsylvania Avenue from IA 32 to Clerk to publish notice as prescribed by law. Vizaleea Drive Safety Improvements Project, Seconded by Jones. Motion carried 6-0. Phase II is hereby ordered to be advertised for bids for construction. Pennsylvania Avenue from IA 32 to Viza-The amount of the security to accompany leea Drive Safety Improvements Project, each bid shall be in an amount which shall Phase II: City Manager recommending initia-conform to the provisions of the Notice to Bid- tion of the public bidding process for the Penn-ders hereby approved. sylvania Avenue from IA 32 to Vizaleea Drive The City Clerk is hereby directed to adver- Safety Improvements Project and that a public tise for bids for the construction of the im- hearing be set for July 6, 2009. Upon motion provements herein provided, by publishing the the documents were received and filed and attached Notice to Bidders to be published in a Resolution No. 203-09 Preliminary approval of newspaper having general circulation in the plans, specifications, form of contract, and City of Dubuque, Iowa, which notice shall be estimated cost; setting date of public hearing published not less than four but not more than on plans, specifications, form of contract, and forty-five days before the date for filing bids Book 139 Regular Session, June 15, 2009 205 th interim). before 2:00 p.m. on the 16 day of July, 2009. Applicants: Christine Happ Olson, Bids shall be opened and read by the City 1090 Grove Terrace (qualifies for at-large or Clerk at said time and will be submitted to the interim) Shayne Henry, 160 Devon Drive (qual- City Council for final action at 6:30 p.m. on the ifies for at-large or interim); Michael Knight, th 20 day of July, 2009, in the Historic Federal 942 Mt. Pleasant Street (qualifies for at-large th Building Council Chambers (second floor), 350 or interim); Mary Loney Bichell, 595 W. 11 th West 6 Street, Dubuque, Iowa. Street (qualifies for at-large or interim); Peggy th Passed, adopted and approved this 15 Stover, 1145 Locust Street (qualifies for at- day of June, 2009. large or interim). Upon roll call vote, Christine Joyce E. Connors, Mayor Pro-Tem Olson, Michael Knight, Mary Loney Bichell, Attest: Jeanne F. Schneider, CMC, City Clerk and Peggy Stover were appointed to 3-year terms through July 1, 2012. (Specific service BOARDS/COMMISSIONS areas will be determined at the July 6, 2009 City Council meeting.) Appointments to the following Boards Investment Oversight Advisory Commis- /Commissions: sion: Two 3-year terms through July 1, 2012 Arts and Cultural Affairs Advisory Commis-(Terms of Lassance and Melendez). Appli- rd sion: Three 3-year terms through June 30, cants: Brad Chalmers, 1095 W. 3 Street; 2012 (Terms of Henkels, Steffen, Shafer), (1 Paul Lassance, 4846 Embassy Court; Hiram at-large, 2 business/professionals of which one Melendez, 1920 Shelby Street. Upon roll call must live or work within the Cultural and Enter-vote Brad Chalmers and Hiram Melendez were tainment District). Applicants: Ellen Henkels, appointed to 3-year terms through July 1, rd 890 W. 3 Street (qualifies for at-large or busi-2012. ness professional); Molly McDonough, 1787 Long Range Planning Advisory Commis- Lawndale Street (qualifies for at-large or busi-sion: Two 3-year terms through July 1, 2012 ness professional); Geri Shafer, 1207 Adeline (Terms of Darter and Stein). Applicants: Chad Street (qualifies for at-large or business pro-Darter, 2544 Matthew John Drive; Lou Oswald, fessional); Julie Steffen, 2260 Coates Street 180 Nowata Street. Motion by Jones to appoint (qualifies for at-large or business professional Chad Darter to a 3-year term through July 1, within district); Peggy Stover, 1145 Locust 2012. Seconded by Braig. Motion carried 6-0. Street (qualifies for at-large or business pro-Park and Recreation Advisory Commis- fessional within district) sion: One 3-year term through June 30, 2012 Upon roll call vote, Ellen Henkels and Geri (Term of Duggan). Applicants: Robert Blocker, Shafer were re-appointed to at-large terms on 880 Kane Street; Charles Duggan, 2317 Bea- the Arts and Cultural Affairs Advisory Commis-con Hill Drive; Shayne Henry, 160 Devon sion through June 30, 2012, and Julie Steffen Drive; David Schlueter, 3645 Crescent Ridge. was re-appointed to the business professional Upon roll call vote Robert Blocker was ap- (working within the Entertainment/Cultural Dis-pointed to a 3-year term through June 30, trict) term through June 30, 2012. 2012. Building Code Appeals Board: Three 3-TV Cable Regulatory Commission: One 3- year terms: 1 at-large through August 1, 2011, year term through June 30, 2012 (Term of term of Jahns; 2 newly formed ADA Repre-Ellis). Applicant: Charlie Ellis, 373 S. Grand- sentatives with terms determined by appoint-view Avenue. Motion by Jones to appoint ment date. Applicants: Ryan Anglese, 2752 Charlie Ellis to a 3-year term through June 30, Carlton; Marla Cruise, 905 Rockdale Road 2012. Seconded by Braig. Motion carried 6-0. (ADA representative). Motion by Lynch to ap-TV Cable Community Teleprogramming point Ryan Anglese to a 3-year term through Commission: Three 3-year terms through June August 1, 2011, and Marla Cruise to a 3-year 30, 2012 (Terms of Tigges, Vincent, and term as the ADA representative through Au-McDonough). Applicants: Jennifer Tigges, gust 1, 2012. Seconded by Braig. Motion car-4927 Wild Flower Drive; Alan Vincent, 1010 ried 4-2 with Resnick and Voetberg voting nay. Dunham Drive Motion by Braig to appoint Jen- Civic Center Commission: Two 3-year nifer Tigges and Alan Vincent to 3-year terms terms through June 29, 2012 (Terms of Fuller through June 30, 2012. Seconded by Lynch. and Parks). Applicants: Cynthia Fuller, 960 Motion carried 6-0. Prince Phillip Drive; Bryce Parks, 2005 N. Zoning Advisory Commission: Two 3-year Main Street. Motion by Jones to re-appoint terms through July 1, 2012 (Terms of Miller Cynthia Fuller and Bryce Parks to 3-year terms and Hardie). Applicants: Ryan Anglese, 2752 through June 29, 2012. Seconded by Braig. Carlton Avenue; Stephen Hardie, 62 Fremont Motion carried 6-0. Avenue; Charles Miller, 7010 Asbury Road; Historic Preservation Commission: Four 3-Ferd Nesler, 4125 Mt. Alpine Street. Upon roll year terms through July 1, 2012 (3 at-large, 1 call vote Stephen Hardie and Charles Miller Cathedral Historic District resident or interim; were re-appointed to 3-year terms through July current Terms of Bichell, Lundh, Olson, Knight/1, 2012. 206 Regular Session, June 15, 2009 Book 139 PUBLIC HEARINGS dential District designation, and adopting a conceptual development plan, a copy of which Upon motion the rules were suspended al-is attached to and made a part hereof, is here- lowing anyone present to address the City by adopted and approved for the following Council. described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Request to Rezone – University Avenue Farm, and to the centerline of the adjoining between Ethel and Prysi Streets: Proof of pub-public right-of-way, all in the City of Dubuque, lication on notice of public hearing to consider Iowa. a request from Tom Kluck to rezone property A. Use Regulations. located north of the University Avenue and The following regulations shall Ethel Street intersection from OR Office Resi-apply to all uses made of land in the dential District to PUD Planned Unit Develop-above-described PR Planned Resi- ment District with a PR Planned Residential dential District: District designation and adopting a conceptual 4. Principal permitted development plan and Zoning Advisory Com-uses shall be limited to 48 mission recommending approval. Motion by housing dwelling units. Lynch to receive and file the documents and 5. No secondary or that the requirement that a proposed ordin-contingency uses shall be ance be considered and voted on for passage permitted. at two Council meetings prior to the meeting at 6. Accessory uses which it is to be passed be suspended. shall include any use custo- Seconded by Braig. Motion carried 6-0. Plan-marily incidental and subordi- ning Services Manager Laura Carstens pro-nate to the principal use it vided a staff report. Mike Ruden, IIW Engi-serves. neers and Surveyors, 3256 Arrowwood Lane, B. Lot and Bulk Regulations. reviewed the site plan. Development of land in the PR Motion by Lynch for final consideration and Planned Residential District shall be passage of Ordinance No. 27-09 Amending regulated as follows: Appendix A (The Zoning Ordinance) of the City 1. Proposed buildings of Dubuque Code of Ordinances by reclassify-shall be located in substantial ing hereinafter described property located conformance with the ap- north of the University Avenue and Ethel proved conceptual develop- Street intersection from OR Office Residential ment plan. District to PUD Planned Unit Development 2. Building #1 must be District with a PR Planned Residential District set back a minimum of 80 feet designation and adopting a conceptual devel-from the east side property opment plan. Seconded by Braig. Motion car-line and 30 feet from the west ried 6-0. side property line. 3. Maximum building OFFICIAL PUBLICATION height of 50 feet shall be al- ORDINANCE NO. 27-09 lowed as measured from the AMENDING APPENDIX A (THE ZONING first floor elevation to mid point ORDINANCE) OF THE CITY OF DUBUQUE of the peak of the roof. CODE OF ORDINANCES BY RECLASSIFY- C. Performance Standards ING HEREINAFTER DESCRIBED PROPER- The development and mainten- TY LOCATED NORTH OF THE UNIVERSITY ance of uses in this PR Planned Res- AVENUE AND ETHEL STREET INTERSEC- idential District shall be regulated as TION FROM OR OFFICE RESIDENTIAL follows: DISTRICT TO PUD PLANNED UNIT DEVEL- 7. Parking Regulations OPMENT DISTRICT WITH A PR PLANNED a. Off-street parking RESIDENTIAL DISTRICT DESIGNATION, shall be provided based on AND ADOPTING A CONCEPTUAL DEVEL- the approved conceptual OPMENT PLAN. plan with 32 spaces pro- NOW, THEREFORE, BE IT ORDAINED vided on surface lots and BY THE CITY COUNCIL OF THE CITY OF 56 spaces in underground DUBUQUE, IOWA: parking. Section 1. That Appendix A (The Zoning b. All vehicle-related Ordinance) of the City of Dubuque Code of features shall be surfaced Ordinances is hereby amended by reclassify-with either asphalt or con- ing the hereinafter-described property from OR crete. Office Residential District to PUD Planned Unit c. Curbing and proper Development District with a PR Planned Resi-surface drainage of storm Book 139 Regular Session, June 15, 2009 207 water shall be provided. tures shall be un- d. All parking and derground and loading spaces shall be de-concealed inside lineated on the surfacing the posts. material by painted stripes 9. Landscaping or other permanent means. a. Plant Materials. e. The number, size The open space of each lot and design of parking shall be planted with perma- spaces shall be governed nent lawn and ground cov- by applicable provisions of ers, shrubs and trees. It is City of Dubuque Ordin-the intent of these regula- ances enforced at the time tions that the development of development of the lot. of required open spaces f. The number, size, shall reflect a high quality of design, and location of environmental design. The parking spaces designated following provisions shall for persons with disabilities apply. shall be according to the lo-i. Land- cal, state, or federal re-scape plans are re- quirements in effect at the quired as part of time of development. submittals for site 8. Site Lighting plan review. Land- a. Exterior illumination scape plans are to of site features shall be li-include type, num- mited to the illumination of ber and size of the following: proposed plantings. i. Parking Landscaping shall areas, driveways be designed in and loading facili-compliance with ties. Section 4-4 of the ii. Pedestrian Zoning Ordinance. walkway surfaces ii. Within one and entrances to (1) year following building. completion of con- iii. Building struction, or by the exterior. date that a building b. Location and De-is issued an occu- sign pancy certificate by i. No light the Building Ser- source shall pro-vices Department vide illumination of the City of Du- onto adjacent lots, buque, whichever buildings or streets first occurs, re- in excess of 1.0 quired landscaping foot candle. shall be installed. ii. All exterior 10. Storm Water Conveyance lighting luminaries The developer shall be shall be designed responsible for providing and installed to surface or subsurface con- shield light from the veyance(s) of storm water luminaries at an-from the lot to existing storm gles above 72-sewers or to flow line of degrees from ver-open drainageways outside tical. the lot in a means that is sa- iii. Fixtures tisfactory to the City of Du- mounted on a buque. Other applicable building shall not regulations enforced by the be positioned high-City of Dubuque relative to er than the roofline storm water management of the building. and drainage shall apply to iv. All elec-the subject property. trical service lines 11. Exterior Trash Collection to posts and fix-Areas 208 Regular Session, June 15, 2009 Book 139 a. The storage of lations of the Zoning Ordinance. trash and debris shall be 4. Variance requests from sign limited to that produced by requirements for size, number and the principal permitted use height shall be reviewed by the Zon- and accessory uses of the ing Board of Adjustment in accor- lot. dance with Section 5-3 of the Zoning b. All exterior trash Ordinance. collection areas and the F. Other Codes and Regulations materials contained therein 4. Service Lines. All electric, shall be visually screened telephone, cable, or other similar utili- from view. The screening ty lines serving the building and other shall be completely opaque site features shall be located under- fence, wall or other feature ground. not exceeding a height of 5. The use of semi-trailers and 10 feet measured from the shipping containers for storage is ground level outside the prohibited. line of the screen. Screens 6. These regulations do not re- built on sloping grades shall lieve the owner from other applicable be stepped so that their top city, county, state or federal codes, line shall be horizontal. Ex-regulations, laws and other controls posed materials used to relative to the planning, construction, construct the opaque operation and management of prop- screen shall be similar in erty within the city of Dubuque. appearance to materials G. Transfer of Ownership used for exterior building Transfer of ownership or lease of walls. All exterior entrances property in this PR Planned Residen- to a screened trash area tial District shall include the transfer shall be provided with a or lease agreement a provision that gate or door of similar de-the purchaser or lessee acknowledg- sign to that of the screen. es awareness of the conditions au- If a 10-foot high screen thorizing the establishment of the dis- fails to shield the exterior trict. trash collection area from H. Occupancy Permits view from points inside or No occupancy permit shall be is- outside of the property, sued by the City of Dubuque for evergreen plantings may be property included in the subject required in addition to the planned unit development district until screening. Evergreen plant full compliance with this ordinance materials shall be selected has been achieved. and designed so that they I. Recording will screen the area from all A copy of this Ordinance shall be off-site visibility within five recorded at the expense of the prop- (5) years. erty owner(s) with the Dubuque coun- 12. Final site develop-ty recorder as a permanent record of ment plans shall be submitted in the conditions accepted as part of this accordance with Section 4-4 of the reclassification approval. This ordin- Zoning Ordinance prior to con-ance shall be binding upon the un- struction of any buildings. dersigned and his/her heirs, succes- D. Open Space and Recreation Areas sors and assigns. Open space and landscaping in Section 2. The foregoing amendment has the PR Planned Residential District heretofore been reviewed by the Zoning Advi- shall be regulated as follows. Those sory Commission of the City of Dubuque, areas not designated on the concep-Iowa. tual development plan shall be main-Section 3. The foregoing amendment shall tained as open space, as defined by take effect upon publication, as provided by Section 8 of the Zoning Ordinance of law. th the City of Dubuque, Iowa, by the Passed, approved and adopted this 15 property owner and/or association. day of June, 2009. E. Sign Regulations /s/Joyce E. Connors, Mayor Pro-Tem 3. Signs in the Planned Resi-Attest: dential District shall be regulated in /s/Jeanne F. Schneider, CMC, City Clerk accordance with the R-4 Multi-Family Published officially in the Telegraph Herald th Residential Zoning District sign regu-Newspaper the 19 day of June, 2009. Book 139 Regular Session, June 15, 2009 209 /s/Jeanne F. Schneider, CMC, City Clerk A. Use Regulations. The following regulations shall apply to Request to Rezone – Key Way Drive: all uses made of land in the above- Proof of publication on notice of public hearing described PR Planned Residential District: to consider a request from Steve Boge / Clark 7. Principal permitted uses and Linda Wolff to rezone property located shall be limited to 15 housing dwel- east of Keyway Drive from C-3 General Com-ling units. mercial District to PUD Planned Unit Devel-8. No secondary or contingen- opment District with a PR Planned Residential cy uses shall be permitted. District designation and adopting a conceptual 9. Accessory uses shall include development plan and Zoning Advisory Com-any use customarily incidental and mission recommending approval. Motion by subordinate to the principal use it Jones to receive and file the documents and serves. that the requirement that a proposed ordin-B. Lot and Bulk Regulations. ance be considered and voted on for passage Development of land in the PR Planned at two Council meetings prior to the meeting at Residential District shall be regulated as which it is to be passed be suspended. follows: Seconded by Braig. Motion carried 6-0. Plan-1. Proposed buildings shall be ning Services Manager Laura Carstens pro-located in substantial conformance vided a staff report. Steve Boge, 2802 Katrina with the approved conceptual de- Circle, spoke in support of the proposed ordin-velopment plan. ance. 2. Maximum building height of Motion by Jones for final consideration and 30 feet shall be allowed as meas- passage of Ordinance No. 28-09 Amending ured from the first floor elevation to Appendix A (The Zoning Ordinance) of the City the peak of the roof. of Dubuque Code of Ordinances by reclassify-C. Performance Standards ing hereinafter described property located east The development and maintenance of of Keyway Drive from C-3 General Commer-uses in this PR Planned Residential District cial District to PUD Planned Unit Development shall be regulated as follows: District with a PR Planned Residential District 13. Parking Regulations designation and adopting a conceptual devel-a. Off-street parking opment plan. Seconded by Lynch. Motion car-shall be provided based on ried 6-0. the approved conceptual plan with 14 spaces pro- OFFICIAL PUBLICATION vided on surface lots and 16 ORDINANCE NO. 28-09 spaces in garages. AMENDING APPENDIX A (THE ZONING b. All vehicle-related ORDINANCE) OF THE CITY OF DUBUQUE features shall be surfaced CODE OF ORDINANCES BY RECLASSIFY- with either asphalt or con- ING HEREINAFTER DESCRIBED PROPER- crete. TY LOCATED EAST OF KEYWAY DRIVE c. All parking and FROM C-3 GENERAL COMMERCIAL DIS- loading spaces shall be deli- TRICT TO PUD PLANNED UNIT DEVELOP- neated on the surfacing ma- MENT DISTRICT WITH A PR PLANNED terial by painted stripes or RESIDENTIAL DISTRICT DESIGNATION, other permanent means. AND ADOPTING A CONCEPTUAL DEVEL- d. The number, size OPMENT PLAN. and design of parking spac- NOW, THEREFORE, BE IT ORDAINED es shall be governed by ap- BY THE CITY COUNCIL OF THE CITY OF plicable provisions of City of DUBUQUE, IOWA: Dubuque Ordinances en- Section 1. That Appendix A (The Zoning forced at the time of devel- Ordinance) of the City of Dubuque Code of opment of the lot. Ordinances is hereby amended by reclassify-e. The number, size, ing the hereinafter-described property from C-design, and location of park- 3 General Commercial District to PUD Planned ing spaces designated for Unit Development District with a PR Planned persons with disabilities Residential District designation, and adopting shall be according to the lo- a conceptual development plan, a copy of cal, state, or federal re- which is attached to and made a part hereof, is quirements in effect at the hereby adopted and approved for the following time of development. described property, to wit: Lot 2 Hillcrest Plaza 14. Site Lighting #2, and to the centerline of the adjoining public a. Exterior illumination right-of-way, all in the City of Dubuque, Iowa. of site features shall be li- 210 Regular Session, June 15, 2009 Book 139 mited to the illumination of be designed in the following: compliance with i. Parking Section 4-4 of the areas, driveways Zoning Ordinance. and loading facili-ii. Within one ties. (1) year following ii. Pedestrian completion of con- walkway surfaces struction, or by the and entrances to date that a building building. is issued an occu- iii. Building pancy certificate by exterior. the Building Servic- b. Location and De-es Department of sign the City of Dubuque, i. No light whichever first oc- source shall provide curs, required illumination onto ad-landscaping shall be jacent lots, buildings installed. or streets in excess 16. Storm Water Conveyance of 1.0 foot candle. The developer shall be respon- ii. All exterior sible for providing surface or sub- lighting luminaries surface conveyance(s) of storm wa- shall be designed ter from the lot to existing storm and installed to sewers or to flow line of open drai- shield light from the nageways outside the lot in a luminaries at angles means that is satisfactory to the above 72-degrees City of Dubuque. Other applicable from vertical. regulations enforced by the City of iii. Fixtures Dubuque relative to storm water mounted on a build-management and drainage shall ing shall not be posi-apply to the subject property. tioned higher than 17. Exterior Trash Collection the roofline of the Areas building. a. The storage of iv. All elec-trash and debris shall be li- trical service lines to mited to that produced by posts and fixtures the principal permitted use shall be under-and accessory uses of the ground and con-lot. cealed inside the b. All exterior trash posts. collection areas and the ma- 15. Landscaping terials contained therein a. Plant Materials. shall be visually screened The open space of each lot from view. The screening shall be planted with perma-shall be completely opaque nent lawn and ground covers, fence, wall or other feature shrubs and trees. It is the in-not exceeding a height of 10 tent of these regulations that feet measured from the the development of required ground level outside the line open spaces shall reflect a of the screen. Screens built high quality of environmental on sloping grades shall be design. The following provi-stepped so that their top line sions shall apply. shall be horizontal. Exposed i. Land-materials used to construct scape plans are re-the opaque screen shall be quired as part of similar in appearance to ma- submittals for site terials used for exterior plan review. Land-building walls. All exterior scape plans are to entrances to a screened include type, num-trash area shall be provided ber and size of pro-with a gate or door of similar posed plantings. design to that of the screen. Landscaping shall Book 139 Regular Session, June 15, 2009 211 If a 10-foot high screen lessee acknowledges awareness fails to shield the exterior of the conditions authorizing the trash collection area from establishment of the district. view from points inside or H. Occupancy Permits outside of the property, ever-No occupancy permit shall be green plantings may be re-issued by the City of Dubuque for quired in addition to the property included in the subject screening. Evergreen plant planned unit development district materials shall be selected until full compliance with this or- and designed so that they will dinance has been achieved. screen the area from all off-II. Recording site visibility within five (5) A copy of this Ordinance shall years. be recorded at the expense of the 18. Final site development plans property owner(s) with the Dubu- shall be submitted in accordance que county recorder as a perma- with Section 4-4 of the Zoning Or-nent record of the conditions ac- dinance prior to construction of any cepted as part of this reclassifica- buildings. tion approval. This ordinance shall D. Open Space and Recreation Areas be binding upon the undersigned Open space and landscaping and his/her heirs, successors and in the PR Planned Residential assigns. District shall be regulated as fol-Section 2. The foregoing amendment has lows. Those areas not designated heretofore been reviewed by the Zoning Advi- on the conceptual development sory Commission of the City of Dubuque, plan shall be maintained as open Iowa. space, as defined by Section 8 of Section 3. The foregoing amendment shall the Zoning Ordinance of the City take effect upon publication, as provided by of Dubuque, Iowa, by the property law. th owner and/or association. Passed, approved and adopted this 15 E. Sign Regulations day of June, 2009. 5. Signs in the Planned Resi-/s/Joyce E. Connors, Mayor Pro-Tem dential District shall be regulated in Attest: accordance with the R-4 Multi-Family /s/Jeanne F. Schneider, CMC, City Clerk Residential Zoning District sign regu-Published officially in the Telegraph Herald th lations of the Zoning Ordinance. Newspaper the 19 day of June, 2009. 6. Variance requests from sign /s/Jeanne F. Schneider, CMC, City Clerk requirements for size, number and height shall be reviewed by the Zon-Text Amendment – Dubuque Initiatives: ing Board of Adjustment in accor-Proof of publication on notice of public hearing dance with Section 5-3 of the Zoning to consider a request from Jeff Morton / Dubu- Ordinance. que Initiatives to amend Section 4-3.11 Sign F. Other Codes and Regulations Regulations to place a freestanding sign along th 7. Service Lines. All electric, the 7 Street frontage in a C-5 Central Busi- telephone, cable, or other similar utili-ness District and Zoning Advisory Commission ty lines serving the building and other recommending approval. Motion by Jones to site features shall be located under-receive and file the documents and that the ground. requirement that a proposed ordinance be 8. The use of semi-trailers and considered and voted on for passage at two shipping containers for storage is Council meetings prior to the meeting at which prohibited. it is to be passed be suspended. Seconded by 9. These regulations do not re-Braig. Motion carried 6-0. Planning Services lieve the owner from other applicable Manager Laura Carstens provided a staff re- city, county, state or federal codes, port. Architect Jeff Morton, 206 Bluff Street, regulations, laws and other controls spoke in support of the proposed ordinance. relative to the planning, construction, Motion by Jones for final consideration and operation and management of prop-passage of Ordinance No. 29-09 Amending erty within the city of Dubuque. Appendix A (The Zoning Ordinance) of the City G. Transfer of Ownership of Dubuque Code of Ordinances by repealing Transfer of ownership or lease Section 4-3.11 Schedule of Sign Regulations of property in this PR Planned for the C-5 Central Business District and Residential District shall include adopting Section 4-3.11 Schedule of Sign the transfer or lease agreement a Regulations for the C-5 Central Business Dis- provision that the purchaser or trict in lieu thereof, pertaining to the addition of 212 Regular Session, June 15, 2009 Book 139 th RESOLUTION NO. 204-09 freestanding identification signs along 7 INSTITUTING PROCEEDINGS TO TAKE Street from Locust Street to the alley. ADDITIONAL ACTION FOR THE ISSUANCE Seconded by Braig. Motion carried 6-0. OF NOT TO EXCEED $700,000 URBAN RE- OFFICIAL PUBLICATION NEWAL TAX INCREMENT REVENUE ORDINANCE NO. 29-09 NOTES AMENDING APPENDIX A (THE ZONING WHEREAS, pursuant to notice published ORDINANCE) OF THE CITY OF DUBUQUE as required by law, this Council has held a CODE OF ORDINANCES BY REPEALING public meeting and hearing upon the proposal SECTION 4-3.11 SCHEDULE OF SIGN to institute proceedings for the issuance of not REGULATIONS FOR THE C-5 CENTRAL to exceed $700,000 Urban Renewal Tax In- BUSINESS DISTRICT AND ADOPTING crement Revenue Notes for the purpose of pay SECTION 4-3.11 SCHEDULE OF SIGN costs of aiding in the planning, undertaking REGULATIONS FOR THE C-5 CENTRAL and carrying out of urban renewal project ac- BUSINESS DISTRICT IN LIEU THEREOF, tivities under the authority of Chapter 403 of PERTAINING TO THE ADDITION OF the Code of Iowa and the Amended and Res- FREESTANDING IDENTIFICATION SIGNS tated Urban Renewal Plan for the Greater TH ALONG 7 STREET FROM LOCUST Downtown Urban Renewal District, including STREET TO THE ALLEY. those costs associated with the funding of NOW, THEREFORE, BE IT ORDAINED economic development grants and loans to 40 BY THE CITY COUNCIL OF THE CITY OF Main, LLC, an Iowa limited liability company, DUBUQUE, IOWA: under the terms of a Development Agreement Section 1. That Appendix A (The Zoning dated January 15, 2009 between the City of Ordinance) of the City of Dubuque Code of Dubuque, Iowa and 40 Main, LLC, and has Ordinances is hereby amended by repealing considered the extent of objections received section 4-3.11 Schedule of Sign Regulations from residents or property owners as to said for the C-5 Central Business District and proposed issuance; and, accordingly the fol- adopting section 4-3.11 Schedule of Sign lowing action is now considered to be in the Regulations for the C-5 Central Business Dis-best interests of the City and residents thereof: trict in lieu thereof, pertaining to the addition of NOW, THEREFORE, BE IT RESOLVED th freestanding identification signs along 7 BY THE CITY COUNCIL OF THE CITY OF Street from Locust Street to the alley. DUBUQUE, IOWA: Section 2. The foregoing amendment has Section 1. That this Council does hereby heretofore been reviewed by the Zoning Advi-institute proceedings and takes additional ac- sory Commission of the City of Dubuque, tion for the sale and issuance in the manner Iowa. required by law of not to exceed $700,000 Section 3. This ordinance shall take effect Urban Renewal Tax Increment Revenue Notes immediately upon publication, as provided by for the foregoing purpose. law. Section 2. The Finance Officer is autho- th Passed, approved and adopted this 15 rized and directed to proceed on behalf of the day of June, 2009. City with the sale of said Notes, to select a /s/Joyce E. Connors, Mayor Pro-Tem date for the sale thereof, to cause to be pre- Attest: pared such notice and sale information as may /s/Jeanne F. Schneider, CMC, City Clerk appear appropriate, to publish and distribute Published officially in the Telegraph Herald the same on behalf of the City and this Council th Newspaper the 19 day of June, 2009. and otherwise to take all action necessary to /s/Jeanne F. Schneider, CMC, City Clerk permit the sale of said Notes on a basis favor- able to the City and acceptable to the Council. th Urban Renewal Tax Increment Revenue Passed and approved this 15 day of Notes – 40 Main, LLC: Proof of publication on June, 2009. notice of public hearing to consider the is-Joyce E. Connors, Mayor Pro-Tem suance of not to exceed $700,000 in Urban Attest: Jeanne F. Schneider, CMC, City Clerk Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the North Fork Catfish Creek Sanitary Sewer building at 40 Main Street by 40 Main, LLC Project – Phase II: Proof of publication on no- and City Manager recommending approval. tice of public hearing to consider approval of Motion by Lynch to receive and file the docu-the plans, specifications, form of contract and ments and adopt Resolution No. 204-09 Insti-estimated cost for the North Fork Catfish tuting proceedings to take additional action for Creek Stormwater and Sanitary Sewer Im- the issuance of not to exceed $700,000 Urban provements Project – Phase II and City Man- Renewal Tax Increment Revenue Notes. ager recommending approval. Motion by Braig Seconded by Resnick. Motion carried 6-0. to receive and file the documents and adopt Resolution No. 205-09 Approving plans, speci- Book 139 Regular Session, June 15, 2009 213 fications, form of contract, and estimated cost National Mississippi River Museum and for the North Fork Catfish Creek Sanitary Aquarium River Center Project – Phase II: Sewer Project – Phase II. Seconded by Jones. Proof of publication on notice of public hearing Motion carried 6-0. to consider approval of the plans, specifica- tions, form of contract and estimated cost for RESOLUTION NO. 205-09 the National Mississippi River Museum and APPROVAL OF PLANS, SPECIFICATIONS, Aquarium River Center Project – Phase II and FORM OF CONTRACT, AND ESTIMATED City Manager recommending approval. Motion COST FOR THE NORTH FORK CATFISH by Braig to receive and file the documents and CREEK STORMWATER AND SANITARY adopt Resolution No. 207-09 Approving plans, SEWER IMPROVEMENTS PROJECT – specifications, form of contract, and estimated PHASE II cost for the National Mississippi River Museum NOW THEREFORE, BE IT RESOLVED and Aquarium River Center Project – Phase II. BY THE CITY COUNCIL OF THE CITY OF Seconded by Voetberg. Dubuque County His- DUBUQUE, IOWA: torical Society Executive Director Jerry Enzler, That the proposed plans, specifications, 531 W. Heller, East Dubuque, thanked the City form of contract and estimated cost for the Council for their partnership on this project. North Fork Catfish Creek Stormwater and Sa-Motion carried 6-0. nitary Sewer Improvements Project – Phase II, RESOLUTION NO. 207-09 in the estimated amount $1,515,457.67, are APPROVAL OF PLANS, SPECIFICATIONS, hereby approved. th FORM OF CONTRACT, AND ESTIMATED Passed, adopted and approved this 15 COST FOR THE NATIONAL MISSISSIPPI day of June, 2009. RIVER MUSEUM AND AQUARIUM RIVERS Joyce E. Connors, Mayor Pro-Tem CENTER PROJECT – PHASE II, IOWA DOT Attest: Jeanne F. Schneider, CMC, City Clerk NO. EDP-2100 (652)--7Y-31 Dubuque Industrial Center West – North NOW THEREFORE, BE IT RESOLVED Siegert Farm Phase III Project: Proof of publi-BY THE CITY COUNCIL OF THE CITY OF cation on notice of public hearing to consider DUBUQUE, IOWA: approval of the plans, specifications, form of That the proposed plans, specifications, contract and estimated cost for the Dubuque form of contract and estimated cost for the Industrial Center West – North Siegert Farm National Mississippi River Museum and Aqua- Phase III Project and City Manager recom-rium Rivers Center Project – Phase II, in the mending approval. Motion by Lynch to receive estimated amount $6,301,000, are hereby and file the documents and adopt Resolution approved. th No. 206-09 Approving plans, specifications, Passed, adopted and approved this 15 form of contract, and estimated cost for the day of June, 2009. Dubuque Industrial Center West – North Sie-Joyce E. Connors, Mayor Pro-Tem gert Farm Phase III Project. Seconded by Attest: Jeanne F. Schneider, CMC, City Clerk Braig. Motion carried 6-0. Upon motion the rules were reinstated li- RESOLUTION NO. 206-09 miting discussion to the City Council. APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED ACTION ITEMS COST FOR THE DUBUQUE INDUSTRIAL CENTER WEST, NORTH SIEGERT FARM Dubuque Main Street Quarterly Report: PROJECT – PHASE III, PCC PAVING & Dubuque Main Street Director Dan LoBianco, UTILITIES 3533 West Way Drive, presented a slide pres- NOW THEREFORE, BE IT RESOLVED entation on the quarterly activities of Dubuque BY THE CITY COUNCIL OF THE CITY OF Main Street. Motion by Braig to receive and file DUBUQUE, IOWA: the documents. Seconded by Voetberg. Mo- That the proposed plans, specifications, tion carried 6-0. form of contract and estimated cost for the Dubuque Industrial Center West, North Siegert Urban Development Action Grant (UDAG) Farm Project – Phase III, PCC Paving & Utili-Loan Agreement – Genuine Genius Solutions ties, in the estimated amount $1,123,537, are (Tabled at meeting of June 1, 2009): City hereby approved. Manager recommending approval to amend th Passed, adopted and approved this 15 the $40,000 Urban Development Action Grant day of June, 2009. (UDAG) Loan Agreement with Genuine Genius Joyce E. Connors, Mayor Pro-Tem Solutions, LLC to allow a one year extension Attest: Jeanne F. Schneider, CMC, City Clerk of the repayment of the loan. Motion by Braig to remove from the table. Seconded by Jones. Motion carried 6-0. Jones thanked Genuine 214 Regular Session, June 15, 2009 Book 139 Genius Solutions CEO Robert W. Daniels, Joyce E. Connors, Mayor Pro-Tem 2983 Pennsylvania Avenue, for being in atten-Attest: Jeanne F. Schneider, CMC, City Clerk dance. Motion by Jones to receive and file the documents and approve the recommendation. Chapter 44 – Code of Ordinances Seconded by Resnick. Motion carried 6-0. Amendment: City Manager recommending approval of amendments to the Code of Or- Downtown Design Guidelines: City Man-dinances related to the water meter change ager recommending approval of an incentive-out program. Motion by Lynch to receive and based implementation strategy for the Down-file the documents and that the requirement town Design Guidelines similar to the current that a proposed ordinance be considered and review process for private and public im-voted on for passage at two Council meetings provements in the Greater Downtown Urban prior to the meeting at which it is to be passed Renewal District and adoption of the Down-be suspended. Seconded by Braig. Motion town Design Guidelines. Motion by Resnick to carried 6-0. receive and file the documents and approve Motion by Lynch for final consideration and the recommendation. Seconded by Voetberg. passage of Ordinance No. 30-09 Amending Planning Services Laura Carstens presented a the City Code of Ordinances Chapter 44 Utili- slide presentation overview of the Downtown ties, Article III Water, Division 2 Connections, Design Guidelines. Responding to a question Section 44-164 Interference with Shutoff; Or- from City Council, Carstens stated that the dinance No. 31-09 Amending the City Code of Historic Preservation Commission would make Ordinances Chapter 44 Utilities, Article III Wa- recommendations on substantial changes and ter, Division 3 Meters, Section 44-183 Loca- the guidelines would be included in RFP and tion, Method of Installation; Ordinance No. 32- bid documents. Motion carried 6-0. 09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division Port of Dubuque Public Parking Facility 3, Meters, Section 44-184 Remote Readers; Agreement: City Manager recommending ap-Ordinance No. 33-09 Amending the City Code proval of the Port of Dubuque Public Parking of Ordinances Chapter 44 Utilities, Article III Facility Private Parking Agreement between Water, Division 2 Connections, Section 44-153 the City of Dubuque and Diamond Jo, LLC. Service Connections to be Installed by City or Motion by Jones to receive and file the docu-Duly Licensed Plumbers. Seconded by Braig. ments and approve the recommendation. Motion carried 6-0. Seconded by Voetberg. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-09 Parking Ramp Architect / Engineer Con- AMENDING THE CITY CODE OF ORDIN- tract Award: City Manager recommending ANCES CHAPTER 44 UTILITIES, ARTICLE award of the design contract for the parking th III WATER, DIVISION 2 CONNECTIONS, ramp at 5 and Bluff and the parking ramp at th SECTION 44-164 INTERFERENCE WITH 10 and Central to Desman Associates in the SHUTOFF amount of $950,000. Motion by Lynch to re- ceive and file the documents and adopt Reso-NOW, THEREFORE, BE IT ORDAINED lution No. 208-09 Awarding contract. BY THE CITY COUNCIL OF THE CITY OF Seconded by Jones. Motion carried 6-0. DUBUQUE, IOWA: Section 1. Section 44-164 of the City of RESOLUTION NO. 208-09 Dubuque Code of Ordinances is hereby AWARDING CONTRACT amended to read as follows: Whereas, sealed bids were received on the Section 44-164. Interference with Shutoff. nd 22 day of May, 2009 for the design of park-No one except a city employee, a person thth ing ramps at 5 & Bluff and 10 and Central. It specially authorized by the City Manager or has been determined that the bid of Desman the City Manager’s designee, or a person un- Associates in the amount of $950,000 is to be der the supervision of a licensed plumber shall accepted for work as provided in the Request turn on or shut off the water at the outside shu- for Proposal as approved by the City Council. toff or stop box; provided, however, that li- NOW, THEREFORE, BE IT RESOLVED censed plumbers or persons under the super- BY THE CITY COUNCIL OF THE CITY OF vision of a licensed plumber may turn on or off DUBUQUE, IOWA: the water for testing plumbing or making re- That the contract for the above be awarded pairs, provided permission is obtained in ad- to Desman Associates, and the City Manager vance from the city, but, whenever so used, be and is hereby directed to execute a contract the shutoff must be left closed, if found closed, on behalf of the City of Dubuque for the com-and open if found open by the plumber or per- pletion of the work. son under the supervision of a licensed th Passed, approved and adopted this 15 plumber who uses it. day of June, 2009. Book 139 Regular Session, June 15, 2009 215 th Passed, approved and adopted this 15 Published officially in the Telegraph Herald th day of June, 2009. Newspaper the 19 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem /s/Jeanne F. Schneider, CMC, City Clerk Attest: OFFICIAL PUBLICATION /s/Jeanne F. Schneider, CMC, City Clerk ORDINANCE NO. 32-09 Published officially in the Telegraph Herald th AMENDING THE CITY CODE OF ORDIN- Newspaper the 19 day of June, 2009. ANCES CHAPTER 44 UTILITIES, ARTICLE /s/Jeanne F. Schneider, CMC, City Clerk III WATER, DIVISION 3, METERS, SECTION OFFICIAL PUBLICATION 44-184 REMOTE READERS ORDINANCE NO. 31-09 NOW, THEREFORE, BE IT ORDAINED AMENDING THE CITY CODE OF ORDIN- BY THE CITY COUNCIL OF THE CITY OF ANCES CHAPTER 44 UTILITIES, ARTICLE DUBUQUE, IOWA: III WATER, DIVISION 3 METERS, SECTION Section 1. Section 44-184 of the City of 44-183 LOCATION, METHOD OF INSTAL- Dubuque Code of Ordinances is hereby LATION amended to read as follows: NOW, THEREFORE, BE IT ORDAINED Section 44-184. Remote Readers BY THE CITY COUNCIL OF THE CITY OF a) Unless otherwise required by the City DUBUQUE, IOWA: Manager, all water meters installed in new and Section 1. Section 44-183 of the City of remodeled structures shall have remote read- Dubuque Code of Ordinances is hereby ers. The remote reader shall be installed at a amended to read as follows: location acceptable to the City Manager. Wir- Section 44-183. Location, Method of Instal-ing for connecting the water meter to the re- lation. mote reader shall be of the type designated by (a) Meters shall be installed just inside of the City Manager. The remote reader shall be the basement wall at the end of the service of the type designated by the City Manager. pipe described in this article. Except as other-The remote reader shall be installed as re- wise authorized by the City Manager, the regu-quired by the city manager at a charge to the lar couplings, which are sold as part of the owner or owners as established by the city meter, must remain intact when meter has manager or the city manager's designee. been installed. Payment for the remote reader or readers shall (b) All meters shall be installed horizon-be made at the time of application for service. tally between one foot (1') and four feet (4') (b) Remote readers shall be installed by above the basement floor. A suitable place the city on such other water meters as the City shall be provided for the meter so as to keep it Manager shall direct. The charge for installa- dry and clean and readily accessible at all tion of the remote reader shall be as deter- times to the meter reader and inspectors of the mined by the City Manager and shall be paid city. by the user or owner. c) Wherever it is impossible to install a (c) A user or owner who refuses to allow meter in the basement, the plumber or other installation of a remote reader, after a thirty authorized person must obtain special instruc-(30) day written notice, shall be charged at the tions as to its installation from the City Manag-rate of fifty cents ($0.50) a month until a re- er or the City Manager’s designee. mote reader is installed as outlined under the (d) A valve shall be placed at the inlet provisions of subsection (b) of this section. side and a valve on the outlet side of all me-(d) Remote readers are the property of ters. The types of permissible valves shall be the city and shall not be removed from the approved by the City Manager. place where installed except as authorized by (e) Should the City Manager determine the City Manager. th that any meter has been improperly installed, Passed, approved and adopted this 15 notice shall be given to the owner requiring day of June, 2009. correction of the defect. If such defect is not /s/Joyce E. Connors, Mayor Pro-Tem corrected within five (5) days of such notice, Attest: the City Manager may direct that the water /s/Jeanne F. Schneider, CMC, City Clerk supply be shut off and not be turned on again Published officially in the Telegraph Herald th until the defect has been repaired and a Newspaper the 19 day of June, 2009. charge as established by the City Manager /s/Jeanne F. Schneider, CMC, City Clerk has been paid. th Passed, approved and adopted this 15 day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk Book 139 Special Session, June 23, 2009 216 OFFICIAL PUBLICATION CITY OF DUBUQUE, IOWA ORDINANCE NO. 33-09 CITY COUNCIL AMENDING THE CITY CODE OF ORDIN- OFFICIAL ANCES CHAPTER 44 UTILITIES, ARTICLE III WATER, DIVISION 2 CONNECTIONS, PROCEEDINGS SECTION 44-153 SERVICE CONNECTIONS TO BE INSTALLED BY CITY OR DULY LI- The Dubuque City Council met in special CENSED PLUMBERS session at 5:30 p.m. on June 23, 2009 in the NOW, THEREFORE, BE IT ORDAINED Historic Federal Building. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Present: Mayor Buol, Council Members Section 1. Section 44-153(a) (b) of the City Braig, Connors, Jones, Lynch, Voetberg, City of Dubuque Code of Ordinances is hereby Manager Van Milligen, City Attorney Lindahl amended to read as follows: Section 44-153. Service Connections to be Absent: Council Member Resnick installed by City or duly licensed plumbers or by persons specially authorized by the City Mayor Buol read the call and stated this is Manager. a special session of the City Council to act (a) As used in this section, the phrase upon such business that may properly come “service connection” shall include all those before the City Council. facilities used to supply and control the water from the main to the meter including the tap ACTION ITEM and the meter. (b) The installation of all service connec- Second Amendment to Incentives Agree- tions shall be made by employees of the city, ment with International Business Machines by duly licensed plumbers, or by persons spe- Corporation (IBM): City Attorney recommend- cially authorized by the City Manager. All pipe ing approval of the Second Amendment to the fittings and materials shall be approved by the Incentives Agreement with IBM extending the City Manager. deadline for finalizing the IDED assistance th Passed, approved and adopted this 15 agreement to September 1, 2009. Motion by day of June, 2009. Braig to receive and file the documents and /s/Joyce E. Connors, Mayor Pro-Tem adopt Resolution No. 209-09 Approving the Attest: Second Amendment to the Incentives Agree- /s/Jeanne F. Schneider, CMC, City Clerk ment between the City of Dubuque, Iowa, and Published officially in the Telegraph Herald International Business Machines Corporation. th Newspaper the 19 day of June, 2009. Seconded by Voetberg. Motion carried 6-0. /s/Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 209-09 There being no further business, upon mo- APPROVING THE SECOND AMENDMENT tion the City Council adjourned at 7:57 p.m. TO INCENTIVES AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND IN- /s/Jeanne F. Schneider, CMC TERNATIONAL BUSINESS MACHINES City Clerk CORPORATION Whereas, the City of Dubuque, Iowa (City) and International Business Machines Corpora- tion (Employer) have entered into an Incen- tives Agreement (the Agreement) dated Feb- ruary 16, 2009, as amended by the First Amendment; and Whereas, the Agreement is subject to the condition that Employer may terminate the Agreement at anytime on or before July 1, 2009, in the event Employer determines that financial assistance with the State of Iowa De- partment of Economic Development (the IDED Assistance) is unsatisfactory to Employer; and Whereas, documentation for the IDED As- sistance has not been finalized by Employer and IDED; and Whereas, City and Employer desire to amend the Incentives Agreement to extend the termination date to September 1, 2009. Book 139 Special Session, June 30, 2009 217 NOW, THEREFORE, BE IT RESOLVED ers, outsourcing para-transit, combining park- BY THE CITY COUNCIL OF THE CITY OF ing and transit divisions, fair treatment of bus DUBUQUE, IOWA, AS FOLLOWS: drivers, modified/restricted taxi option, stret- Section 1. The Second Amendment at-ching services hours, approval of marketing tached hereto is hereby approved. plan, coordination with DuRide, frequency of Section 2. The Mayor is authorized and di-Transit Board meetings and timeliness of rected to sign the Second Amendment on be-meeting minutes, targeting businesses first vs. half of the City of Dubuque. targeting dependent users, queue lanes, and rd Passed, approved and adopted this 23 fee/cost schedule. day of June, 2009. Roy D. Buol, Mayor There being no further business, upon mo- Attest: Jeanne F. Schneider, CMC, City Clerk tion the City Council adjourned at 7:00 p.m. WORK SESSION /s/Jeanne F. Schneider, CMC Discussion of the Transit Study City Clerk with LSC Consultants Economic Development Director Dave Heiar provided a brief history of the Transit CITY OF DUBUQUE, IOWA study, the hiring of LSC Transportation Con- CITY COUNCIL sultants and the compiling of data from public OFFICIAL input, service agencies, Transit Board and the steering committee. Heiar stated that the con- PROCEEDINGS sultants will review potential service and orga- nizational options for City Council to consider for modification and improvements to the tran-The Dubuque City Council met in Special sit system with the goal to focus on finding one Session at 5:00 p.m. on June 30, 2009, In City or a combination of four options. Hall, Conference Room B A.T. Stoddard, LSC Transportation Consul-Present; Mayor Buol, Council Members, tants, 516 North Tejon Street, Colorado Braig, Connors, Jones, Lynch, Resnick, Voet- Springs, Colorado, provided a slide presenta-berg, City Manager Van Milligen tion of the Dubuque Keyline Comprehensive Operational Analysis Technical Memorandum Mayor Buol read the call and stated this is #3: Evaluation of Service Options and detailed a special session of the City Council called for the following points: the purpose of conducting a closed session in accordance with Chapter 21.5 (1)(i) of the  Code of Iowa. Project Overview  Study Process Upon motion Council went into Closed  Service Options Session in accordance with Ch. 21.5 1(i) of the 1. Central hub Code of Iowa, to evaluate the professional 2. East and west hubs competency of an individual whose appoint- 3. Central hub hybrid ment, hiring, performance or discharge is be- 4. Taxi voucher service ing considered when necessary to prevent  Organizational Options needless and or irreparable injury to that indi- Para-transit operations o vidual’s reputation and that individual has re- Intelligent Transportation o quested a Closed Session. Systems  Marketing program City Manager Van Milligen left the Closed  Equipment and facility needs Session at 6:00 p.m.  Next steps Demand-Response o Council reconvened in Regular Session at Longer service hours, Sun- o 6:05 p.m., indicating the evaluation had been day service completed. Higher service frequency o There being no further business, upon mo- City Council discussion included a general tion the City Council adjourned at 6:06 p.m. preference for Service Option #3 or a variation thereof for further development. Council mem- /s/Jeanne F. Schneider, CMC bers asked for information on or clarification of: City Clerk equipment purchases; new signage, downtown shuttle, partnering with RTA, shared dispatch- 218 Special and Regular Sessions, July 6, 2009 Book 139 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special The Dubuque City Council met in regular session at 5 p.m. on July 6, 2009 in the Histor-session at 6:30 p.m. on July 6, 2009 in the ic Federal Building Historic Federal Building. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet-Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney berg, City Manager Van Milligen, City Attorney Lindahl Lindahl Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is a special session of the City Council to discuss a regular session of the City Council to act the Port of Dubuque Riverfront Marina. upon such business that may properly come before the City Council. WORK SESSION Dubuque Riverfront Marina Pledge of Allegiance Assistant City Engineer Bob Schiesl pro-Invocation was provided by Monsignor vided project background and introduced de-Wayne Ressler of St. Raphael's Cathedral sign consultants Bill Brose and John Kret- PROCLAMATION schman, of JJR, LLC, 625 Williams Street, Madison, WI, who provided a slide presenta- tion of marina alternatives. Topics discussed Dubuque County Fair Week (July 21 – 26, included: 2009) was accepted by Jamie Blum, 14742  Highway 20 West. Existing Sites  Marina Alternative Locations: CONSENT ITEMS Main Channel: Existing Ba- o thymetry, advantages, dis- Motion by Lynch to receive and file the advantages, conceptual documents, adopt the resolutions, and dispose costs of as indicated. Seconded by Voetberg. Con- Ice Harbor: Existing bathy- o nors requested (#7) Purchase of Service metry, advantages, disad- Agreement – Every Child / Every Promise be vantages, conceptual costs held for separate discussion. Motion carried 7-  Deflection structures and prome- 0. Item #31 Alcohol Compliance – Civil Penalty nades for Alcohol License Holders for Lot 1 was re-  Design Features: Gangways, docks, moved from the agenda. fuel docks Minutes and Reports Submitted: Arts and City Council members discussed commu- Cultural Affairs Advisory Commission of 5/26; nication with Ice Harbor property owners and Cable TV Teleprogramming Commission of stakeholders, project funding, boat and dock 5/5; City Council of 6/15, 6/23 and 6/30; Civil sizes/requirements, access for canoes, marina Service Commission of 6/10; Community De- staffing, and management. velopment Advisory Commission of 5/27; Housing Commission of 5/26 Information on site selection will be pro- Library Board of Trustees Update from vided at the July 20, 2009 City Council meet- Meeting of May 28, 2009 ing. Proofs of publication of City Council Pro- ceedings of June 1 and 8, 2009 and List of There being no further business, the City Claims and Summary of Revenues for Month Council adjourned at 5:50 p.m. Ending May 31, 2009 Upon motion the documents were received /s/Jeanne F. Schneider, CMC and filed. City Clerk Notice of Claims/Suits: Edward Beresford for vehicle damage; Kathy Ostrander for prop- erty damage; Hagar Ent, LLC for property Book 139 Regular Session, July 6, 2009 219 damage; Katherine Ann Dietzel for vehicle ment services, $100,000 for Destination for damage. Upon motion the documents were Opportunity, $100,000 for Dubuque Works, received and filed and referred to the City At-$35,000 towards a partnership with Dubuque torney. Initiatives to be used to partially assist in fund- City Attorney advising that the following ing a position for Dubuque area retail expan- claims have been referred to Public Entity Risk sion services, and $40,000 for marketing Services of Iowa, the agent for the Iowa Com-commercial and industrial parks owned by the munities Assurance Pool: Susan Craven for City. Upon motion the documents were re- vehicle damage; Kathy Ostrander for property ceived, filed, and approved. damage; Hagar Ent, LLC for vehicle damage. City Attorney recommending settlement of Purchase of Service Agreement – Helping the claim of Ed Beresford for vehicle damage. Services of Northeast Iowa, Inc.: City Manager Upon motion the documents were received recommending approval of a Fiscal Year 2010 and filed and concurred. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc., in the amount Purchase of Service Agreement – Ameri-of $2,147. Upon motion the documents were ca’s River Corporation: City Manager recom-received, filed, and approved. mending approval of a Fiscal Year 2010 Pur- chase of Service Agreement with the Ameri-Purchase of Service Agreement – Hills and ca’s River Corporation in the amount of Dales Senior Programs: City Manager recom- $10,000. Upon motion the documents were mending approval of a Fiscal Year 2010 Pur- received, filed, and approved. chase of Service Agreement with Hills and Purchase of Service Agreement – Dubu-Dales in the amount of $25,000. Upon motion que Area Chamber of Commerce Convention the documents were received, filed, and ap- and Visitors Bureau: City Manager recom-proved. mending approval of a Fiscal Year 2010 Pur- chase of Service Agreement with the Dubuque Purchase of Service Agreement – North- Area Chamber of Commerce Convention and east Iowa Business Accelerator (NIBA) Busi- Visitors Bureau in the amount of $783,654. ness Plan: City Manager recommending ap- Upon motion the documents were received, proval of a Fiscal Year 2010 Purchase of Ser- filed, and approved. vice Agreement with Northeast Iowa Commu- nity College in the amount of $5,000 for the Purchase of Service Agreement – Dubu-Business Accelerator Business Plan. Upon que Area Labor Management Council: City motion the documents were received, filed, Manager recommending approval of a Fiscal and approved. Year 2010 Purchase of Service Agreement with the Dubuque Area Labor Management Purchase of Service Agreement – Project Council in the amount of $30,000. Upon mo-Concern Foster Grandparent Program: City tion the documents were received, filed, and Manager recommending approval of a Fiscal approved. Year 2010 Purchase of Service Agreement with Project Concern in the amount of $6,113 Purchase of Service Agreement – Dubu-for the Foster Grandparent Program. Upon que Main Street: City Manager recommending motion the documents were received, filed, approval of a Fiscal Year 2010 Purchase of and approved. Service Agreement with Dubuque Main Street in the amount of $49,276 and $10,000. Upon Purchase of Service Agreement – Project motion the documents were received, filed, Concern Information and Referral and Child and approved. Care Referral: City Manager recommending approval of a Fiscal Year 2010 Purchase of Purchase of Service Agreement – Every Service Agreement with Project Concern in the Child Every Promise: City Manager recom-amount of $25,821 to Project Concern, Inc., for mending approval of a Fiscal Year 2010 Pur-the Information and Referral Program, plus a chase of Service Agreement with Every Child payment of $9,098 for the Child Care Re- Every Promise in the amount of $25,000. Upon source and Referral Program. Upon motion the motion the documents were received, filed, documents were received, filed, and approved. and approved. Purchase of Service Agreement – Retired Purchase of Service Agreement – Greater and Senior Volunteer Program: City Manager Dubuque Development Corporation: City Man-recommending approval of a Fiscal Year 2010 ager recommending approval of a Fiscal Year Purchase of Service Agreement with the Re- 2010 Purchase of Service Agreement with the tired and Senior Volunteer Program in the Greater Dubuque Development Corporation in amount of $7,341. Upon motion the docu- the amount of $95,613 for economic develop-ments were received, filed, and approved. 220 Regular Session, July 6, 2009 Book 139 by certify that the individuals listed below have Purchase of Service Agreement – Sub-passed this written examination and that va- stance Abuse Services Center: City Manager cancies for this position should be made from recommending approval of a Fiscal Year 2010 this list and that the list is good for two (2) Purchase of Service Agreement with the Sub-years from above date. GIS SPECIALIST stance Abuse Services Center in the amount of $14,013. Upon motion the documents were Jesse E. Bernhardt received, filed, and approved. Bryan D. Westphal Monica M. Cotter-Brown Purchase of Service Agreement – Wash-Mary R. Duncan ington Tool Library: City Manager recommend-Derek W. Rieckmann ing approval of a Fiscal Year 2010 Purchase of Darrin D. Homb Service Agreement with the Washington Tool Ryan J. Woehl Library in the amount of $15,500. Upon motion Joshua R. Hartwig the documents were received, filed, and ap-Respectfully submitted, proved. James Schilling Dan White, Purchase of Service Agreement – Opening Civil Service Commission Doors for Emergency Housing: City Manager recommending approval of a Fiscal Year 2010 June 10, 2009 Purchase of Service Agreement with Opening Honorable Mayor and Doors in the amount of $10,000 for emergency Members of the City Council and transitional housing. Upon motion the In accordance with Chapter 400 of the documents were received, filed, and approved. Code of Iowa, an examination for the position of Parking System Technician was given on Purchase of Service Agreement – Opening May 6, 2009. We hereby certify that the indi- Doors (Maria House and Theresa Shelter): viduals listed below have passed this written City Manager recommending approval of a examination and that vacancies for this posi- Fiscal Year 2010 Purchase of Service Agree-tion should be made from this list and that the ment with Opening Doors in the amount of list is good for two (2) years from above date. PARKING SYSTEM TECHNICIAN $5,000 to help provide emergency and transi- tional housing and services for women and Steven Connolly Larry Hoppman children at Teresa Shelter and Maria House. Michael Patzner Michael Koster Upon motion the documents were received, David Hanson Dana Mentz filed, and approved. Charles Wehrspann James Meisenburg Bernie Millage Richard Simon Purchase of Service Agreement – Opera-Respectfully submitted, tion: New View: City Manager recommending James Schilling approval of a Fiscal Year 2010 Purchase of Dan White, Service Agreement with Operation: New View Civil Service Commission in the amount of $18,805. Upon motion the documents were received, filed, and approved. June 10, 2009 Honorable Mayor and Purchase of Service Agreement – St. Members of the City Council Mark’s Community Center: City Manager re-In accordance with Chapter 400 of the commending approval of a Fiscal Year 2010 Code of Iowa, an examination for the position Purchase of Service Agreement with St. of Engineering Technician was given on May Mark’s Community Center in the amount of 11, 2009. We hereby certify that the individuals $15,000. Upon motion the documents were listed below have passed this written examina- received, filed, and approved. tion and that vacancies for this position should be made from this list and that the list is good Civil Service Commission: Civil Service for one (1) year from above date. ENGINEERING TECHNICIAN Commission submitting the certified lists for the positions of GIS Specialist, Parking Sys-Todd Irwin Christopher Hebblewhite tem Technician and Engineering Technician. David Campbell Travis Pataska Upon motion the documents were received Rebecca Lamm Joseph Malkowsky and filed and made a Matter of Record. Duane Richter Jack Aronofsky June 10, 2009 Nathan Steffen Mark Ansay Honorable Mayor and Daniel Massey Sean Murphy Members of the City Council Mark Ondrashek Eric Peterson In accordance with Chapter 400 of the Travis Robertson Code of Iowa, an examination for the position Respectfully submitted, of GIS Specialist was administered. We here-James Schilling Book 139 Regular Session, July 6, 2009 221 Dan White, WHEREAS, the City Council of the City of Civil Service Commission Dubuque, Iowa (the "City" or the "Issuer") has heretofore adopted an Amended and Restated 2008 Tax Appeal – Stipulation of Settle-Urban Renewal Plan (the "Urban Renewal ment: City Attorney submitting a Stipulation of Plan") under which plan there are to be carried Settlement in the 2008 tax assessment appeal out urban renewal project activities in an area of NEZTROP, LLC for a vacant lot located designated as the Greater Downtown Urban along Highway 20. Upon motion the docu-Renewal District (the "Project Area"); and ments were received and filed. WHEREAS, it is presently estimated that the costs of carrying out the purposes and 2009 Tax Appeal – Stipulation of Settle-provisions of the Urban Renewal Plan for the ment: City Attorney correspondence regarding Project Area, including the purpose set forth in a proposed settlement of the 2009 tax as-Section 3 hereof, exceed $700,000, and provi- sessment appeal of NEZTROP, LLC. Upon sions must now be made by the City to provide motion the documents were received and filed. for the payment of such costs by the issuance of Notes; and Workers’ Compensation Excess Insurance: WHEREAS, the City has heretofore City Manager recommending approval of the adopted Ordinances under Section 403.19 of renewal proposal from Safety National for the the Code of Iowa (the "Ordinance"), under City’s workers’ compensation excess insur-which the taxes levied on the taxable property ance. Upon motion the documents were re-in the Project Area shall be divided, and a ceived, filed, and approved. special fund created under the authority of Section 403.19(2) of the Code of Iowa, as Specific and Aggregate Stop Loss Insur-amended (which special fund is hereinafter ance Renewal: City Manager recommending referred to as the "Greater Downtown Urban approval of the renewal rates submitted by Renewal District Tax Increment Revenue Companion Life for the City’s specific and ag-Fund" or "Revenue Fund") which fund was gregate stop loss insurance – health and pre-created in order to pay the principal of and scription drug plans. Upon motion the docu-interest on loans, monies advanced to or in- ments were received, filed, and approved. debtedness whether funded, refunded, as- sumed, or otherwise, including bonds issued Urban Renewal Tax Increment Revenue under the authority of Section 403.9(1) of the Notes – 40 Main, LLC: City Manager recom-Code of Iowa, as amended, incurred by the mending approval of the issuance of $690,529 City to finance or refinance in whole or in part in Urban Renewal Tax Increment Revenue urban renewal project activities undertaken Notes to support a mixed use redevelopment within the Project Area, and pursuant to which of the building at 40 Main Street by 40 Main, Ordinance such Revenue Fund may be irre- LLC. Upon motion the documents were re-vocably pledged by the City for the payment of ceived and filed and Resolution No. 210-09 principal and interest on such indebtedness; Authorizing and providing for the issuance of and $690,529 Urban Renewal Tax Increment Rev-WHEREAS, the notice of intention of Issu- enue Notes, Taxable Series 2009 (40 Main er to take action for the issuance of not to ex- LLC Project) of the City of Dubuque, Iowa, and ceed $700,000 Urban Renewal Tax Increment providing for the securing of such notes for the Revenue Notes has heretofore been duly pub- purpose of carrying out an urban renewal lished and no objections to such proposed project in the area of the City of Dubuque, action have been filed and it is now necessary Iowa designated as the Greater Downtown and advisable that provisions be made for the Urban Renewal District was adopted. issuance of Notes to the amount of $691,617 pursuant to the provisions of Section 403.9(1) RESOLUTION NO. 210-09 of the Code of Iowa, payable from a portion of AUTHORIZING AND PROVIDING FOR THE the income and proceeds of the Revenue ISSUANCE OF $691,617 URBAN RENEWAL Fund and other funds of the City derived from TAX INCREMENT REVENUE NOTES, TAX- or held in connection with the undertaking and ABLE SERIES 2009 (40 MAIN LLC carrying out of the Urban Renewal Plan for the PROJECT), OF THE CITY OF DUBUQUE, Project Area as described herein. IOWA, AND PROVIDING FOR THE SECUR- NOW, THEREFORE, BE IT RESOLVED ING OF SUCH NOTES FOR THE PURPOSE BY THE CITY COUNCIL OF THE CITY OF OF CARRYING OUT AN URBAN RENEWAL DUBUQUE, IN THE COUNTY OF DUBUQUE, PROJECT IN THE AREA OF THE CITY OF STATE OF IOWA: DUBUQUE, IOWA DESIGNATED AS THE Section 1. Definitions. In addition to the de- GREATER DOWNTOWN URBAN RENEWAL fined terms set forth in the preambles hereof, DISTRICT the following terms shall have the following meanings in this Resolution unless the text 222 Regular Session, July 6, 2009 Book 139 expressly or by necessary implication requires Section 403.19 or 403.12 of the Code otherwise: of Iowa, incurred by the City to  finance or refinance in whole or in "Clerk" shall mean the City part projects undertaken pursuant to Clerk or such other officer of the suc- the Urban Renewal Plan for the cessor Governing Body as shall be Project Area; charged with substantially the same  "Independent Auditor" shall duties and responsibilities;  mean an independent firm of Certified "Corporate Seal" shall mean Public Accountants or the Auditor of the official seal of Issuer adopted by State; the Governing Body;   "Issuer" and "City" shall "Developer" shall mean 40 mean the City of Dubuque, Iowa; Main, LLC, an Iowa limited liability  "Minimum Improvements" company;  shall mean the construction of eigh- "Development Agreement" teen (18) apartments for market-rate shall mean the Development Agree- rental and 7,800 square feet of retail ment dated as of January 15, 2009 by space by the Developer on the De- and between the City and the Devel- velopment Property in accordance oper, as amended from time to time; with the terms of the Development "Development Property" Agreement; shall mean that portion of the Project  "Notes" or "Note" shall mean Area being developed by the Devel- the $691,617 Urban Renewal Tax In- oper under the terms of the Devel- crement Revenue Note, Taxable Se- opment Agreement, upon which the ries 2009 (40 Main LLC Project), au- Developer has covenanted to con- thorized to be issued by this Resolu- struct the Minimum Improvements, tion; being legally described as set forth in  "Original Purchaser" shall the Development Agreement;  mean Premier Bank, Dubuque, Iowa, "Fiscal Year" shall mean the as the purchaser of the Note from Is- twelve-month period beginning on Ju- suer at the time of its original is- ly l of each year and ending on the suance; last day of June of the following year,  "Paying Agent" shall be the or any other consecutive twelve- month period adopted by the Govern-City Treasurer, or such successor as ing Body or by law as the official ac-may be approved by Issuer as pro- counting period of the Issuer; vided herein and who shall carry out  the duties prescribed herein as Issu- "40 Main, LLC TIF Account" er's agent to provide for the payment means a separate account to be es- of principal of and interest on the tablished within the Greater Down- Note as the same shall become due; town Urban Renewal District Tax In-  crement Revenue Fund of the City, in "Project Area" shall mean which there shall be deposited all Tax the Greater Downtown Urban Re- Increments received by the City in re-newal District of the Issuer, as spect of the Minimum Improvements amended from time to time;  and the Development Property; "Project Fund" or "Construc-  "Governing Body" shall tion Account" shall mean the fund re- mean the City Council of the City, or quired to be established by this Reso- its successor in function with respect lution for the deposit of the proceeds to the operation and control of the of the Note;  Project Area; "Registrar" shall be the City  "Greater Downtown Urban Treasurer of Dubuque, Iowa, or such Renewal District Tax Increment Rev-successor as may be approved by Is- enue Fund" or "Revenue Fund" suer as provided herein and who means the special fund of the City shall carry out the duties prescribed created under the authority of Section herein with respect to maintaining a 403.19(2) of the Code of Iowa and register of the owners of the Note. the Ordinance, which fund was Unless otherwise specified, the Regi- created in order to pay the principal of strar shall also act as Transfer Agent and interest on loans, monies ad-for the Note;  vanced to, or indebtedness, whether "Tax Increments" means the funded, refunded, assumed or other- property tax revenues divided and wise, including bonds or other obliga- made available to the City for deposit tions issued under the authority of in the Greater Downtown Urban Re- Book 139 Regular Session, July 6, 2009 223 newal District Tax Increment Reve-Sinking Fund established in Section 16 hereof nue Fund under the provisions of and thereafter applied to the payment of inter- Section 403.19 of the Code and the est on the Note on said dates. Ordinance; Section 4. Source of Payment. As provided  and required by Chapter 403 of the Code of "Treasurer" shall mean the Iowa, and Section 403.9, the Note and interest City Treasurer or such other officer as thereon shall be payable from and secured shall succeed to the same duties and solely and only by amounts deposited and held responsibilities with respect to the re- from time to time in the 40 Main LLC TIF Ac- cording and payment of the Note is- count of the City. The City hereby covenants sued hereunder. and agrees to maintain the Ordinance in force Section 2. Authority. The Note authorized during the term of the Notes and to apply the by this Resolution shall be issued pursuant to Tax Increments collected in respect of the De- Section 403.9 of the Code of Iowa, and in velopment Property and the Minimum Im- compliance with all applicable provisions of the provements located thereon and allocated to Constitution and laws of the State of Iowa. the 40 Main LLC TIF Account to the payment Section 3. Authorization, Purpose, Approv- of the principal of and interest on the Notes. al of Purchase Agreement and Disbursements. The Notes shall not be payable in any manner There are hereby authorized to be issued, one from other Tax Increments collected in respect negotiable, serial, fully registered Urban Re- of other properties within the Project Area or newal Tax Increment Revenue Note, Taxable by general taxation or from any other City Series 2009 (40 Main LLC Project), of the City funds. of Dubuque, in the County of Dubuque, State The Notes shall not constitute an indeb- of Iowa, in the aggregate principal amount of tedness within the meaning of any statutory $691,617 for the purpose of paying costs of debt limitation or restriction and shall not be aiding in the planning, undertaking and carry- subject to the provisions of any other law relat- ing out of urban renewal project activities un- ing to the authorization, issuance or sale of der the authority of Chapter 403 of the Code of notes. Iowa and the Amended and Restated Urban The Notes shall recite in substance that Renewal Plan for the Greater Downtown Ur- they have been issued by the City in connec- ban Renewal District, including those costs tion with an urban renewal project as defined associated with the funding of economic de- in Chapter 403 of the Code of Iowa, and in any velopment grants and loans to 40 Main, LLC, suit, action or proceeding involving the validity an Iowa limited liability company, under the or enforceability of any Note issued hereunder terms of a Development Agreement dated or the security therefor, such Notes shall be January 15, 2009 between the City of Dubu- conclusively deemed to have been issued for que, Iowa and 40 Main, LLC, as the same may such purpose and such project shall be con- be amended from time to time, and the funding clusively deemed to have been planned, lo- of related reserves and payment of the costs cated and carried out in accordance with the of issuance of the Notes. provisions of Chapter 403 of the Code of Iowa. The Purchase Agreement between the City Section 5. Note Details. Urban Renewal and the Original Purchaser (the "Purchase Tax Increment Revenue Notes of the City in Agreement") is hereby approved in substan- the amount of $691,617 shall be issued pur- tially the form presented at this meeting, and suant to the provisions of Section 403.9 of the the Mayor and City Clerk are authorized to Code of Iowa for the aforesaid purpose. The execute and deliver the same on behalf of the Notes shall be designated "URBAN RENEW- City with such changes as shall to them, upon AL TAX INCREMENT REVENUE NOTE, the advice of the City Attorney, be necessary TAXABLE SERIES 2009 (40 MAIN LLC or appropriate. PROJECT)", be dated as of the date of deli- On the date of issuance of the Note, very, and bear interest from the date of dis- proceeds of the Note in the amount set forth in bursement of the proceeds thereof at the rate the disbursement and repayment schedule of 6.50% per annum, until payment thereof, at attached to the Purchase Agreement shall be the office of the Paying Agent, and shall ma- drawn upon and deposited in the Project Fund ture in the principal amounts set forth on the and held in such fund until disbursed to the disbursement and repayment schedule at- Developer in accordance with the Develop- tached to the Purchase Agreement as Exhibit ment Agreement and applied to costs of is- A and incorporated herein by this reference. suance of the Note. In addition to such As set forth on said schedule, principal shall amount, the amounts set forth in said dis- be payable on December 31, 2009 and se- bursement and repayment schedule shall be miannually thereafter on the last business day withdrawn by the Treasurer on December 31, of June and December of each year in the 2009, June 30, 2010, December 31, 2010 and amounts set forth therein until principal and June 30, 2011 (in the respective amounts set interest are fully paid, except that the final in- forth in the said schedule) and deposited in the 224 Regular Session, July 6, 2009 Book 139 stallment of the entire balance of principal and such transferees). In the event that interest, if not sooner paid, shall become due the address of the registered owner and payable on June 30, 2021. of a Note (other than a registered The Note shall be executed by the manual owner which is the nominee of the signature of the Mayor and attested by the broker or dealer in question) is that of manual signature of the City Clerk, and im-a broker or dealer, there must be dis- pressed with the seal of the City and shall be closed on the Registration Books the fully registered as to both principal and interest information pertaining to the regis- as provided in this Resolution; principal, inter-tered owner required above. Upon est and premium, if any shall be payable at the the transfer of any such Note, a new office of the Paying Agent by mailing of a fully registered Note, of any denomi- check to the registered owner of the Note. The nation or denominations permitted by Note may be in the denomination of $1,000 or this Resolution in aggregate principal multiples thereof and shall, at the request of amount equal to the un-matured and the Original Purchaser, be issued initially as a unredeemed principal amount of such single Note in the principal amount of transferred fully registered Note, and $691,617 and numbered R-1. bearing interest at the same rate and Section 6. Redemption. The principal of the maturing on the same date or dates Note may be called for redemption by the Is-shall be delivered by the Registrar. suer and paid before maturity on any date, (c) Registration of Transferred from any funds regardless of source, in whole Notes. In all cases of the transfer of or from time to time in part, by giving thirty the Notes, the Registrar shall register, days' notice of redemption by registered or at the earliest practicable time, on the certified mail, to the registered owner of the Registration Books, the Notes, in ac- Note. The terms of redemption shall be par, cordance with the provisions of this plus accrued interest to date of call. Resolution. Section 7. Registration of Notes; Appoint-(d) Ownership. As to any Note, ment of Registrar; Transfer; Ownership; Deli-the person in whose name the own- very; and Cancellation. ership of the same shall be registered (a) Registration. The ownership of on the Registration Books of the Re- Notes may be transferred only by the gistrar shall be deemed and regarded making of an entry upon the books as the absolute owner thereof for all kept for the registration and transfer purposes, and payment of or on ac- of ownership of the Notes, and in no count of the principal of any such other way. The Treasurer is hereby Notes and the premium, if any, and appointed as Note Registrar under interest thereon shall be made only to the terms of this Resolution. Registrar or upon the order of the registered shall maintain the books of the Issuer owner thereof or his legal representa- for the registration of ownership of the tive. All such payments shall be valid Notes for the payment of principal of and effectual to satisfy and discharge and interest on the Notes as provided the liability upon such Note, including in this Resolution. All Notes shall be the interest thereon, to the extent of negotiable as provided in Article 8 of the sum or sums so paid. the Uniform Commercial Code and (e) Cancellation. All Notes which Section 384.83(5) of the Code of have been redeemed shall not be Iowa, subject to the provisions for reissued but shall be cancelled by the registration and transfer contained in Registrar. All Notes which are can- the Notes and in this Resolution. celled by the Registrar shall be de- (b) Transfer. The ownership of stroyed and a certificate of the de- any Note may be transferred only struction thereof shall be furnished upon the Registration Books kept for promptly to the Issuer; provided that if the registration and transfer of Notes the Issuer shall so direct, the Regi- and only upon surrender thereof at strar shall forward the cancelled the office of the Registrar together Notes to the Issuer. with an assignment duly executed by (f) Non-Presentment of Notes. In the holder or his duly authorized at-the event any payment check torney in fact in such form as shall be representing payment of principal of satisfactory to the Registrar, along or interest on the Notes is returned to with the address and social security the Paying Agent or is not presented number or federal employer identifi-for payment of principal at the maturi- cation number of such transferee (or, ty or redemption date, if funds suffi- if registration is to be made in the cient to pay such principal of or inter- name of multiple individuals, of all est on Notes shall have been made Book 139 Regular Session, July 6, 2009 225 available to the Paying Agent for the who shall authenticate the Notes and deliver benefit of the owner thereof, all liabili-the same to or upon order of the Original Pur- ty of the Issuer to the owner thereof chaser. No Note shall be valid or obligatory for for such interest or payment of such any purpose or shall be entitled to any right or Notes shall forthwith cease, terminate benefit hereunder unless the Registrar shall and be completely discharged, and duly endorse and execute on such Note a Cer- thereupon it shall be the duty of the tificate of Authentication substantially in the Paying Agent to hold such funds, form of the Certificate herein set forth. Such without liability for interest thereon, Certificate upon any Note executed on behalf for the benefit of the owner of such of the Issuer shall be conclusive evidence that Notes who shall thereafter be re-the Note so authenticated has been duly is- stricted exclusively to such funds for sued under this Resolution and that the holder any claim of whatever nature on his thereof is entitled to the benefits of this Reso- part under this Resolution or on, or lution. with respect to, such interest or Section 11. Right to Name Substitute Pay- Notes. The Paying Agent's obligation ing Agent or Registrar. Issuer reserves the to hold such funds shall continue for a right to name a substitute, successor Registrar period equal to two years interest or or Paying Agent upon giving prompt written principal became due, whether at ma-notice to each registered Noteholder. turity, or at the date fixed for redemp-Section 12. Form of Note. Notes shall be tion thereof, or otherwise, at which printed in substantial compliance with stan- time the Paying Agent, shall surrend-dards proposed by the American Standards er any remaining funds so held to the Institute substantially in the form as [provided]. Issuer, whereupon any claim under Principal of this Note shall be disbursed this Resolution by the Owners of such and this Note shall mature in the principal interest or Notes of whatever nature amounts set forth on the disbursement and shall be made upon the Issuer. repayment schedule attached hereto and in- Section 8. Reissuance of Mutilated, De-corporated herein by this reference. As set stroyed, Stolen or Lost Notes. In case any forth on said schedule, principal shall be paya- outstanding Note shall become mutilated or be ble on December 31, 2009 and semiannually destroyed, stolen or lost, the Issuer shall at the thereafter on the last business day of June and request of Registrar authenticate and deliver a December of each year in the amounts set new Note of like tenor and amount as the Note forth therein until principal and interest are fully so mutilated, destroyed, stolen or lost, in ex-paid, except that the final installment of the change and substitution for such mutilated entire balance of principal and interest, if not Note to Registrar, upon surrender of such mu-sooner paid, shall become due and payable on tilated Note, or in lieu of and substitution for June 30, 2021. the Note destroyed, stolen or lost, upon filing Interest and principal shall be paid to the with the Registrar evidence satisfactory to the registered holder of the Note as shown on the Registrar and Issuer that such Note has been records of ownership maintained by the Regi- destroyed, stolen or lost and proof of owner-strar as of the 15th day of the month next pre- ship thereof, and upon furnishing the Registrar ceding such interest payment date. Interest and Issuer with satisfactory indemnity and shall be computed on the basis of a 360-day complying with such other reasonable regula-year of twelve 30-day months. tions as the Issuer or its agent may prescribe THE ISSUER DOES NOT INTEND OR and paying such expenses as the Issuer may REPRESENT THAT THE INTEREST ON THE incur in connection therewith. NOTE WILL BE EXCLUDED FROM GROSS Section 9. Record Date. Payments of prin-INCOME FOR FEDERAL INCOME TAX cipal and interest, otherwise than upon full PURPOSES, AND THE ISSUER IS NOT OB- redemption, made in respect of any Note, shall LIGATED TO TAKE ANY ACTION TO AT- be made to the registered holder thereof or to TEMPT TO SECURE ANY SUCH EXCLU- their designated agent as the same appear on SION. THE HOLDER OF THIS NOTE the books of the Registrar on the 15th day of THEREFORE SHOULD TREAT THE INTER- the month preceding the payment date. All EST THEREON AS BEING SUBJECT TO such payments shall fully discharge the obliga-FEDERAL INCOME TAXATION. tions of the Issuer in respect of such Notes to This Note is issued pursuant to the provi- the extent of the payments so made. Final sions of Section 403.9 of the Code of Iowa, as payment of principal shall only be made upon amended, for the purpose of paying costs of surrender of the Note to the Paying Agent. aiding in the planning, undertaking and carry- Section 10. Execution, Authentication and ing out of urban renewal project activities un- Delivery of the Notes. Upon the adoption of der the authority of Chapter 403 of the Code of this Resolution, the Mayor and Clerk shall ex-Iowa and the Amended and Restated Urban ecute and deliver the Notes to the Registrar, Renewal Plan for the Greater Downtown Ur- 226 Regular Session, July 6, 2009 Book 139 ban Renewal District, including those costs cumstances shall the City be in any manner associated with the funding of economic de-liable by reason of the failure of the pledged velopment grants and loans to 40 Main, LLC, tax increment revenues to be sufficient for the an Iowa limited liability company, under the payment hereof. terms of a Development Agreement dated And it is hereby represented and certified January 15, 2009 between the City of Dubu-that all acts, conditions and things requisite, que, Iowa and 40 Main, LLC, as the same may according to the laws and Constitution of the be amended from time to time, and the funding State of Iowa, to exist, to be had, to be done, of related reserves and payment of the costs or to be performed precedent to the lawful of issuance of the Notes, in conformity to a issue of this Note, have been existent, had, Resolution of the Council of said City duly done and performed as required by law. passed and approved (the "Resolution"). This IN TESTIMONY WHEREOF, said City by Note is not an indebtedness within the mean-its City Council has caused this Note to be ing of any statutory provisions, or a general signed by the manual signature of its Mayor obligation of the City. and attested by the manual signature of its This Note may be called for redemption by City Clerk, with the seal of said City impressed the Issuer and paid before maturity on any hereon, and authenticated by the manual sig- date, from any funds regardless of source, in nature of an authorized representative of the whole or from time to time in part, by giving Registrar, the City Treasurer, Dubuque, Iowa. thirty days' notice of redemption by registered Section 13. Equality of Lien. The timely or certified mail, to the registered owner of the payment of principal of and interest on the Note. The terms of redemption shall be par, Notes shall be secured equally and ratably by plus accrued interest to date of call. the Tax Increments collected and allocated to Ownership of this Note may be transferred the 40 Main LLC TIF Account without priority only by transfer upon the books kept for such by reason of number or time of sale or deli- purpose by the City Treasurer, the Registrar. very; and the Tax Increments collected and Such transfer on the books shall occur only allocated to the 40 Main LLC TIF Account are upon presentation and surrender of this Note hereby irrevocably pledged to the timely pay- at the office of the Registrar, together with an ment of both principal and interest as the same assignment duly executed by the owner hereof become due. or his duly authorized attorney in the form as Section 14. Application of Note Proceeds. shall be satisfactory to the Registrar. Issuer Proceeds of the Note shall be drawn upon and reserves the right to substitute the Registrar applied as described in Section 3 hereof. Sub- and Paying Agent but shall, however, promptly ject to the limitations contained in Code Sec- give notice to registered Noteholders of such tion 403.9(1) any amounts on hand in the change. All Notes shall be negotiable as pro-Project Fund shall be available for the pay- vided in Article 8 of the Uniform Commercial ment of the principal of or interest on the Note Code and Section 384.83(5) of the Code of at any time that other funds shall be insuffi- Iowa, subject to the provisions for registration cient to the purpose, in which event such funds and transfer contained in the Note Resolution. shall be repaid to the Project Fund at the earli- This Note, as provided in the Resolution of est opportunity. Any balance on hand in the which notice is hereby given and is hereby Project Fund and not immediately required for made a part hereof, is payable from and se-its purposes may be invested not inconsistent cured solely and only by a pledge of the tax with limitations provided by law or this Resolu- increment revenues ("incremental taxes") col-tion. lected in respect of certain Development Prop-Section 15. Tax Levy. After its adoption, a erty and Minimum Improvements constructed copy of this Resolution shall be filed in the thereon, as defined and provided in said Reso-office of the County Auditor of Dubuque Coun- lution, which are located within the Greater ty to evidence the pledging of a portion of the Downtown Urban Renewal District (the Greater Downtown Urban Renewal District Tax "Project Area") as referred to an authorized in Increment Revenue Fund and the portion of subsection 2 of Section 403.19 of the Code of taxes to be paid into the 40 Main LLC TIF Ac- Iowa, as amended. There has heretofore been count and, pursuant to the direction of Section established and the City covenants and agrees 403.19 of the Code of Iowa, the Auditor shall that it will maintain in force an ordinance pro-thereafter allocate the taxes in accordance viding for the division of incremental taxes therewith and in accordance with the Ordin- within the Project Area and for the establish-ance referred to in the preamble hereof. ment of a sinking fund to meet the principal of It is hereby certified that the annual amount and interest on this Note as the same be-of Tax Increments to be collected in respect of comes due. This Note is not payable in any the Development Property and the Minimum manner from incremental taxes collected in Improvements located thereon pursuant to respect of other properties within the Project Section 403.19(2) of the Code of Iowa shall be Area or by general taxation and under no cir- Book 139 Regular Session, July 6, 2009 227 not less than the annual requirement for prin-veloper, as permitted by law, or may cipal and interest on the Note, as follows: be used to pay or redeem the Notes or for any other lawful purpose. Amount of Fiscal Year Moneys on hand in the Project Principal (July 1 to June 30) Fund and all of the funds provided by and Interest Year of Collection this Section may be invested only in $40,696 2009/2010 direct obligations of the United States 43,422 2010/2011 Government or deposited in financial 95,559 2011/2012 institutions which are members of the 95,559 2012/2013 Federal Deposit Insurance Corpora- 95,559 2013/2014 tion ("FDIC") and the deposits in 95,559 2014/2015 which are insured thereby and all 95,559 2015/2016 such deposits exceeding the maxi- 95,559 2016/2017 mum amount insured from time to 95,559 2017/2018 time by FDIC or its equivalent suc- 95,559 2018/2019 cessor in any one financial institution 95,559 2019/2020 shall be continuously secured by a 95,559 2020/2021 valid pledge of direct obligations of Section 16. Application of Revenues. From the United States Government having and after the delivery of the Note, and as long an equivalent market value. Alterna- as the Note shall be outstanding and unpaid tively, such moneys may be invested either as to principal or as to interest, or until in tax-exempt bonds or obligations of the Note shall have been discharged and sa- any state or political subdivision the- tisfied in the manner provided in this Resolu- reof which are rated by Moody's In- tion, the Tax Increments collected in respect of vestors Service or Standard & Poor's the Development Property and the Minimum Corporation at a rating classification Improvements located thereon shall be depo- equal to or better than the rating car- sited as collected in the 40 Main LLC TIF Ac- ried by the Notes or, in the case of count and shall be disbursed only as follows: short-term obligations, a rating of (a) Sinking Fund. There is hereby MIG-1, S&P-1 or better. All such inte- established and shall be maintained a rim investments shall mature before special fund within the 40 Main LLC the date on which the moneys are re- TIF Account from which interest and quired for the purposes for which said principal on the Note will be paid. The fund was created or otherwise as fund shall be known as the 40 Main herein provided. The provisions of LLC Principal and Interest Fund (the this Section shall not be construed to "Sinking Fund"). The amount to be require the Issuer to maintain sepa- deposited in the Sinking Fund in any rate bank accounts for the funds year shall be an amount equal to the created by this Section; except the interest and principal coming due on Sinking Fund shall be maintained in a such Note during the fiscal year. separate account but may be in- Money shall be first deposited into the vested in conjunction with other funds Interest Account of the Sinking Fund of the City but designated as a trust to an amount equal to the interest fall- fund on the books and records of the ing due in each fiscal year. Money City. shall next be deposited into the Prin- All income derived from such invest- cipal Account of the Sinking Fund to ments shall be deposited in the 40 Main LLC an amount equal to the principal fall- TIF Account and shall be regarded as reve- ing due in each fiscal year. Money in nues thereof. Such investments shall at any the Sinking Fund shall be used solely time necessary be liquidated and the proceeds for the purpose of paying principal of thereof applied to the purpose for which the and interest on the Note, as the same respective fund was created. shall become due and payable. Section 17. Covenants Regarding the Op- (b) Surplus Revenue. All reve- eration of the Project Area. The Issuer hereby nues thereafter remaining in the 40 covenants and agrees with each and every Main LLC TIF Account shall be depo- holder of the Notes: sited to remedy any deficiency in any (a) Maintenance in Force. The Is- of the funds created by this Resolu- suer will maintain the Urban Renewal tion, or may be used to pay or reim- Plan and the Ordinance in force and burse the Issuer for other loans, mo- will cause the incremental taxes from neys advanced to or indebtedness in- the Development Property and Mini- curred to finance or refinance in mum Improvements to be levied an- whole or in part the project of the De- nually and certified to the County Au- 228 Regular Session, July 6, 2009 Book 139 ditor in an amount not less than the enjoying a lien or claim on the property or rev- principal and interest falling due with-enues of the 40 Main LLC TIF Account having in the year, and applied as provided priority over the Note or standing on a parity in this Resolution, unless the Notes therewith with respect to the lien and claim of are paid or sufficient provision for such additional obligations to the revenues their payment is made. Provided, thereof and the money on deposit in the funds however, that to the extent that created in this Resolution, without the written amounts are on hand and are suffi-consent of the Original Purchaser or other cient to meet the payments required registered holder of the Note. The Issuer re- to be made and to maintain a suffi-serves the right to issue other obligations pay- cient balance in each fund as re-able from the Tax Increments collected in re- quired by this Resolution, the Issuer spect of other properties within the Project may abate the levy of incremental Area, without notice to or consent of the Origi- taxes in any year. nal Purchaser. (b) Accounting and Audits. The Section 20. Discharge and Satisfaction of Issuer will cause to be kept proper Notes. The covenants, liens and pledges en- books and accounts adapted to the tered into, created or imposed pursuant to this Project Area and in accordance with Resolution may be fully discharged and satis- generally accepted accounting prac-fied with respect to the Note in any one or tices, and will cause the books and more of the following ways: accounts to be audited annually not (a) By paying the Note when the later than 180 days after the end of same shall become due and payable; each fiscal year by an Independent or Auditor and will provide copies of the (b) By depositing in trust with the audit report to the Original Purchaser Treasurer, or with a corporate trustee upon request. The Original Purchaser designated by the governing body for and holders of any of the Notes shall the payment of said obligations and have at all reasonable times the right irrevocably appropriated exclusively to inspect the Issuer's records, ac-to that purpose an amount in cash or counts and data of the Issuer relating direct obligations of the United States to the Revenue Fund or the 40 Main the maturities and income of which LLC TIF Account. shall be sufficient to retire at maturity, (c) State Laws. The Issuer will or by redemption prior to maturity on faithfully and punctually perform all a designated date upon which said duties with reference to the Urban obligations may be redeemed, all of Renewal Plan required by the Consti-such obligations outstanding at the tution and laws of the State of Iowa, time, together with the interest there- and will segregate the revenues of on to maturity or to the designated the Project Area and apply said reve-redemption date, premiums thereon, nues to the funds as specified in this if any that may be payable on the re- Resolution. demption of the same; provided that (d) Amendments. The Issuer re-proper notice of redemption of all serves the right to amend the Urban such obligations to be redeemed shall Renewal Plan for the Project Area have been previously published or and the Ordinance in its lawful discre-provisions shall have been made for tion; provided, that in no event shall such publication. obligations resulting from an amend-Upon such payment or deposit of money or ment or merger thereof have any securities, or both, in the amount and manner priority over the Note. provided by this Section, all liability of the Is- Section 18. Remedies of Noteholders. Ex-suer with respect to the Notes shall cease, cept as herein expressly limited the holder or determine and be completely discharged, and holders of the Notes shall have and possess the holders thereof shall be entitled only to all the rights of action and remedies afforded payment out of the money or securities so by the common law, the Constitution and sta-deposited. tutes of the State of Iowa, and of the United Section 21. Resolution a Contract. The States of America, for the enforcement of provisions of this Resolution shall constitute a payment of their Notes and interest thereon, contract between the Issuer and the holder or and of the pledge of the revenues made he-holders of the Note, and after the issuance of reunder, and of all covenants of the Issuer any of the Note no change, variation or altera- hereunder. tion of any kind in the provisions of this Reso- Section 19. No Prior Lien or Parity Notes. lution shall be made in any manner, except as The Issuer will issue no other bonds or obliga-provided in the next succeeding Section, until tions of any kind or nature payable from or such time as all of the Note, and interest due Book 139 Regular Session, July 6, 2009 229 thereon, shall have been satisfied and dis-consent or by a successor in title by filing no- charged as provided in this Resolution. tice of such revocation with the City Clerk. Section 22. Modification of Resolution. This The fact and date of the execution of any Resolution may be amended from time to time instrument under the provisions of this Section if such amendment shall have been consented may be proved by the certificate of any officer to by holders of not less than two-thirds in in any jurisdiction who by the laws thereof is principal amount of the Notes at any time out-authorized to take acknowledgments of deeds standing (not including in any case any Notes within such jurisdiction that the person signing which may then be held or owned by or for the such instrument acknowledged before him the account of the Issuer, but including such Re-execution thereof, or may be proved by an funding Notes as may have been issued for affidavit of a witness to such execution sworn the purpose of refunding any of such Notes if to before such officer. such Refunding Notes shall not then be owned The amount and numbers of the Notes by the Issuer); but this Resolution may not be held by any person executing such instrument so amended in such manner as to: and the date of his holding the same may be (a) Make any change in the ma-proved by an affidavit by such person or by a turity or interest rate of the Notes, or certificate executed by an officer of a bank or modify the terms of payment of prin-trust company showing that on the date therein cipal of or interest on the Notes or mentioned such person had on deposit with any of them or impose any conditions such bank or trust company the Notes de- with respect to such payment; scribed in such certificate. (b) Materially affect the rights of Section 23. Severability. If any section, pa- the holders of less than all of the ragraph, or provision of this Resolution shall Notes then outstanding; and be held to be invalid or unenforceable for any (c) Reduce the percentage of the reason, the invalidity or unenforceability of principal amount of Notes, the con-such section, paragraph or provision shall not sent of the holders of which is re-affect any of the remaining provisions. quired to effect a further amendment. Section 24. Repeal of Conflicting Ordin- Whenever the Issuer shall propose to ances or Resolutions and Effective Date. All amend this Resolution under the provisions of other ordinances, resolutions and orders, or this Section, it shall cause notice of the pro-parts thereof, in conflict with the provisions of posed amendment to be filed with the Original this Resolution are, to the extent of such con- Purchaser or to be mailed by certified mail to flict, hereby repealed; and this Resolution shall any other registered owner of the Note as be in effect from and after its adoption. shown by the records of the Registrar. Such Passed and approved this 6th day of July, notice shall set forth the nature of the pro-2009. posed amendment and shall state that a copy Roy D. Buol, Mayor of the proposed amendatory Resolution is on Attest: Jeanne F. Schneider, CMC, City Clerk file in the office of the City Clerk. Whenever at any time within one year from Finance and Utility Billing Department the date of the mailing of said notice there Staffing: City Manager recommending approv- shall be filed with the City Clerk an instrument al of changes to staffing in the Finance and or instruments executed by the holders of at Utility Billing Department. Upon motion the least two-thirds in aggregate principal amount documents were received, filed, and approved. of the Notes then outstanding as in this Sec- tion defined, which instrument or instruments AmeriCorps Grant: City Manager recom- shall refer to the proposed amendatory Reso-mending approval of the grant agreement with lution described in said notice and shall specif-the Iowa Commission on Volunteer Service for ically consent to and approve the adoption the City of Dubuque AmeriCorps Program. thereof, thereupon, but not otherwise, the go-Upon motion the documents were received, verning body of the Issuer may adopt such filed, and approved. amendatory Resolution and such Resolution shall become effective and binding upon the McEvoy Street – Plat Approval: City Man- holders of all of the Notes. ager recommending approval of the plats of Any consent given by the holder of a Note Lot B and C of Bonson and Stewart’s Subdivi- pursuant to the provisions of this Section shall sion. Upon motion the documents were re- be irrevocable for a period of six months from ceived and filed and Resolution No. 211-09 the date of the instrument evidencing such Approving plat of Lot B of Bonson and Ste- consent and shall be conclusive and binding wart’s Subdivision and Resolution No. 212-09 upon all future holders of the same Note dur-Approving plat of Lot C of Bonson and Ste- ing such period. Such consent may be revoked wart’s Subdivision were adopted. at any time after six months from the date of such instrument by the holder who gave such 230 Regular Session, July 6, 2009 Book 139 RESOLUTION NO. 211-09 APPROVING PLAT OF LOT B OF BONSON Wellness Program Consultant: City Man- & STEWART’S SUBDIVISION ager recommending approval of the selection Whereas, there has been presented to the of Cottingham and Butler Healthcheck360 to City Council of the City of Dubuque, Iowa, a provide a wellness program for City of Dubu- th plat dated the 20 day of May, 2009, prepared que employees. Upon motion the documents by the Iowa Department of Transportation, were received, filed, and approved. describing Lot B of Bonson & Stewart’s Subdi- vision; and Alcohol Compliance – Civil Penalty for Al- Whereas, said plat conforms to the laws cohol License Holders: City Manager recom- and statutes pertaining thereto. mending approval of the Acknowledge- NOW, THEREFORE, BE IT RESOLVED ment/Settlement Agreements for a first offense BY THE CITY COUNCIL OF THE CITY OF alcohol compliance violation for Happy’s DUBUQUE, IOWA: Place, Ron’s Discount Smokes & Beverage th Section 1. That the plat dated the 20 day Center, Dubuque Bowling Lanes, Road Ran- of May, 2009, prepared by the Iowa Depart-ger #159, Europa Haus Restaurant; and to ment of Transportation, relative to the real approve the second offense alcohol com- estate hereinabove described be and the pliance violation for Phillip’s 66 – Arby’s. Upon same is hereby approved, and the Mayor and motion the documents were received, filed, City Clerk be and they are hereby authorized and approved. and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Tobacco Compliance – Civil Penalty for Section 2. That the City Clerk be and is he-Tobacco License Holder: City Manager re- reby authorized and directed to file said plat commending approval of the Acknowledge- and certified copy of this resolution in the office ment/Settlement Agreements for first offense of the Recorder in and for Dubuque County, tobacco compliance violation for Ron’s Dis- Iowa. count Smokes & Beverage Center, a second th Passed, approved and adopted this 6 day offense tobacco compliance violation for Road of July, 2009. Ranger #159, and a third offense tobacco Roy D. Buol, Mayor compliance violation for Phillips 66 – Arby’s; Attest: Jeanne F. Schneider, CMC, City Clerk and to accept and approve the Acknowledge- ment/Settlement Agreement for a third offense RESOLUTION NO. 212-09 civil penalty for AWN Stop Mart #2 upon pay- APPROVING PLAT OF LOT C OF BONSON ment of the violation. Upon motion the docu- & STEWART’S SUBDIVISION ments were received, filed, and approved. Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Rush Street Reconstruction Project: City th plat dated the 20 day of May, 2009, prepared Manager recommending acceptance of the by the Iowa Department of Transportation, construction contract and the establishment of describing Lot C of Bonson & Stewart’s Subdi-the Final Schedule of Assessments for the vision; and Rush Street Reconstruction Project – Bryant Whereas, said plat conforms to the laws Street to Villa Street. Upon motion the docu- and statutes pertaining thereto. ments were received and filed and Resolution NOW, THEREFORE, BE IT RESOLVED No. 213-09 Accepting the Rush Street Recon- BY THE CITY COUNCIL OF THE CITY OF struction Project – Bryant Street to Villa Street DUBUQUE, IOWA: and authorizing payment of the contract th Section 1. That the plat dated the 20 day amount to the contractor and Resolution No. of May, 2009, prepared by the Iowa Depart-214-09 Adopting the final assessment sche- ment of Transportation, relative to the real dule for the Rush Street Reconstruction estate hereinabove described be and the Project – Bryant Street to Villa Street were same is hereby approved, and the Mayor and adopted. City Clerk be and they are hereby authorized RESOLUTION NO. 213-09 and directed to execute said plat for and on ACCEPTING THE RUSH STREET RECON- behalf of the City of Dubuque, Iowa. STRUCTION PROJECT – BRYANT STREET Section 2. That the City Clerk be and is he- TO VILLA STREET AND AUTHORIZING THE reby authorized and directed to file said plat PAYMENT OF THE CONTRACT AMOUNT and certified copy of this resolution in the office TO THE CONTRACTOR of the Recorder in and for Dubuque County, Iowa. Whereas, the Public Improvement Contract th Passed, approved and adopted this 6 day for the Rush Street Reconstruction Project - of July, 2009. Bryant Street to Villa Street (the Project) has Roy D. Buol, Mayor been completed and the City Engineer has Attest: Jeanne F. Schneider, CMC, City Clerk examined the work and filed a certificate stat- Book 139 Regular Session, July 6, 2009 231 ing that the Project has been completed ac-The amounts shown in said Final Schedule of cording to the terms of the Public Improvement Assessments as deficiencies are found to be Contract and that the City Engineer recom-proper and levied conditionally against the mends that the Project be accepted; and respective properties benefited by the im- NOW THEREFORE, BE IT RESOLVED provements as shown in the Final Schedule of BY THE CITY COUNCIL OF THE CITY OF Assessments, subject to the provisions of Iowa DUBUQUE, IOWA: Code § 384.63. Said assessments against Section 1. The recommendation of the City said lots are hereby declared to be in propor- Engineer is approved and the Project is hereby tion to the special benefits conferred and not in accepted. excess of twenty-five percent of the value of Section 2. The Finance Director is hereby same. directed to pay to the Contractor from the The City Clerk be and is hereby directed to Street Construction Program, Watermain Re-certify the Final Schedule of Assessments to placement Program, Street Program Related the County Treasurer of Dubuque County, Sanitary Sewer Improvements, Rush Street Iowa, and to publish notice of said certification (Bryant to Villa) Storm Sewer Improvements, once each week for two consecutive weeks in Fiber Optic Conduit – Paving Projects appropr-the manner provided in Iowa Code § 362.3, iations for the contract amount of the first publication of which shall be not more $1,672,977.64 less any retained percentage than fifteen days from the date of filing of the provided for therein as provided in Iowa Code Final Schedule of Assessments. On or before chapter 573, and to pay such retainage only in the date of the second publication of the no- accordance with the provisions of Iowa Code tice, the City Clerk shall also mail a copy of chapter 573. said notice to property owners whose property th Passed, approved and adopted this 6 day is subject to assessment, as provided in Iowa of July, 2009. Code § 384.60. Roy D. Buol, Mayor The assessments may be paid in full or in Attest: Jeanne F. Schneider, CMC, City part without interest at the office of the City th Clerk Treasurer, City Hall, 50 W. 13 Street, Dubu- que, Iowa, at any time within 30 days after the CITY ENGINEER’S CERTIFICATE OF FINAL date of the first notice of the Final Schedule of COMPLETION OF THE RUSH STREET RE- Assessments. Thereafter, unpaid assessments CONSTRUCTION PROJECT – BRYANT of $100.00 or more are payable in 10 annual STREET TO VILLA STREET installments at the County Treasurer’s Office, The undersigned City Engineer of the City Dubuque County Courthouse, 720 Central of Dubuque, Iowa, hereby certifies that he has Avenue, Dubuque, Iowa, and will draw annual inspected the Rush Street Reconstruction interest at nine percent (9%) computed to De- Project - Bryant Street to Villa Street, that the cember 1 next following the due dates of the Project has been performed in compliance with respective installments as provided in Section the terms of the Public Improvement Contract, 384.65 of the Code of Iowa. Each installment and that the total cost of the completed work is will be delinquent from October 1 following its $1,861,439.92. due date on July 1 of each year. However, th Dated this 6 day of July, 2009. when the last day of September is a Saturday Gus Psihoyos, City Engineer or Sunday, that amount shall be delinquent Filed in the office of the City Clerk on the from the second business day of October. De- st 1 day of July, 2009. linquent installments will draw the same delin- Jeanne F. Schneider, CMC, City Clerk quent interest as ordinary taxes. Property owners may elect to pay any annual install- RESOLUTION NO. 214-09 ments semi-annually in advance. th ADOPTING THE FINAL ASSESSMENT Passed, approved and adopted this 6 day SCHEDULE FOR THE RUSH STREET RE- of July, 2009. CONSTRUCTION PROJECT – BRYANT Roy D. Buol, Mayor STREET TO VILLA STREET Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Southwest Arterial – Designation of Acqui- DUBUQUE, IOWA: sition Agent: City Manager recommending After full consideration, the Final Schedule approval of the designation of the City Engi- of Assessments as shown on the attached neer as the Acquisition Agent for the South- sheet(s), Page 1 to Page 3 inclusive, is hereby west Arterial right-of-way acquisitions. Upon approved for the Rush Street Reconstruction motion the documents were received and filed Project – Bryant Street to Villa Street. and Resolution No. 214A-09 Authorizing the There is hereby assessed and levied as a City Engineer to execute necessary docu- special tax against and upon each of the bene-ments on behalf of the City of Dubuque for fited properties, the respective sums indicated. 232 Regular Session, July 6, 2009 Book 139 RESOLUTION NO. 215-09 right-of-way property acquisitions for the APPROVING A FINANCIAL ASSISTANCE Southwest Arterial Project was adopted. AWARD FROM THE ECONOMIC DEVEL- RESOLUTION NO. 214A-09 OPMENT ADMINISTRATION (EDA). AUTHORIZING THE CITY ENGINEER TO Whereas, the Envision 2010 process EXECUTE NECESSARY DOCUMENTS ON chose the Historic Millwork District as one of BEHALF OF THE CITY OF DUBUQUE FOR the top 10 community projects for the City of RIGHT-OF-WAY PROPERTY ACQUISITIONS Dubuque, and FOR THE SOUTHWEST ARTERIAL Whereas, the Dubuque Historic Millwork PROJECT District has been characterized as an impor- Whereas, the City of Dubuque has desig-tant area of the community for its historical and nated the Southwest Arterial Project (the architectural significance, and Project) as the No. 1 surface transportation Whereas, property owners of the district priority in the Dubuque area and has com-and citizens of Dubuque wish to see the Mill- menced the right-of-way property acquisition work District revitalized, and phase on approximately forty-seven (47) im-Whereas, it is in the best interests of the pacted properties within the project corridor for City of Dubuque to encourage the revitalization the construction of the Project; and of the area, and Whereas, to expedite the acquisition of Whereas, the City has received a addition- right-of-way for the Project, the City Council al funds from the Economic Development Ad- has determined that the City Engineer should ministration to assist in studying the feasibility be authorized to execute all necessary docu-of a district energy system for the area. ments on behalf of the City of Dubuque for NOW THEREFORE BE IT RESOLVED BY right-of-way property acquisitions for the THE CITY COUNCIL OF DUBUQUE, IOWA, Project. AS FOLLOWS: NOW THEREFORE, BE IT RESOLVED Section 1. The attached Amended Finan- BY THE CITY COUNCIL OF THE CITY OF cial Assistance Award is hereby approved. DUBUQUE, IOWA, AS FOLLOWS: Section 2. The Mayor is hereby allowed to Section 1. The City Engineer is hereby au-sign the award on behalf of the City. th thorized to execute all necessary documents Passed, approved and adopted this 6 day on behalf of the City of Dubuque with respect of July 2009. to right-of-way property acquisitions for the Roy D. Buol, Mayor Southwest Arterial Project. Attest: Jeanne F. Schneider, City Clerk th Passed, approved and adopted this 6 day of July, 2009. Lead Hazard Reduction Grant: City Man- Roy D. Buol, Mayor ager recommending approval of an amend- Attest: Jeanne F. Schneider, CMC, City Clerk ment to the current Lead Hazard Reduction Program contract to increase the per-unit for- Project HOPE Contract: City Manager re-givable loan from $6,000 to $12,000. Upon commending approval of the contract of ser-motion the documents were received, filed, vices with the Community Foundation of and approved. Greater Dubuque to assist in achieving the Project HOPE objectives at the estimated cost Fiscal Year 2010 Community Development of $65,000, which was included in the FY 2010 Block Grant (CDBG) Agreement: City Manager budget. Upon motion the documents were recommending approval of the Fiscal Year received, filed, and approved. 2010 Community Development Block Grant (CDBG) Agreement with the U.S. Department Economic Development Administration of Housing and Urban Development in the (EDA) Contract Amendment: City Manager amount of $1,236,260. Upon motion the doc- recommending approval of an amendment to uments were received and filed and Resolution the Financial Assistance Award from the Eco-No. 216-09 Authorizing execution of a Com- nomic Development Administration (EDA) for munity Development Block Grant Agreement the added scope of studying the potential for with the U.S. Department of Housing and Ur- district energy in the Historic Millwork District. ban Development was adopted. Upon motion the documents were received RESOLUTION NO. 216-09 and filed and Resolution No. 215-09 Approving AUTHORIZING EXECUTION OF A COMMU- a financial assistance award from the Econom- NITY DEVELOPMENT BLOCK GRANT ic Development Administration (EDA) was AGREEMENT WITH THE U.S. DEPART- adopted. MENT OF HOUSING AND URBAN DEVEL- OPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of Book 139 Regular Session, July 6, 2009 233 1974, as amended, the City of Dubuque pre-Whereas,a purchase agreement has been pared and submitted an Annual Action Plan for finalized with the owner of the property sche- a Community Development Block Grant; and duled for acquisition. Whereas, the submission has been ap-NOW, THEREFORE, BE IT RESOLVED proved by the U.S. Department of Housing and BY THE CITY COUNCIL OF THE CITY OF Urban Development in the amount of DUBUQUE, IOWA: $1,236,260 for a twelve month program year Section 1. That the City of Dubuque hereby commencing July 1, 2009 and ending June 30, approves the acquisition of the following legal- 2010; and ly described property: Lot 291 East Dubuque Whereas, a grant agreement covering the Addition No. 2 in the City of Dubuque, Dubu- activities proposed to be carried out with the que County, Iowa, according to the recorded Community Development Block Grant funds plat thereof, at the cost of One Hundred Twen- has been transmitted to the City of Dubuque ty Two Thousand and 00/100 Dollars by the U. S. Department of Housing and Urban ($122,000.00). Development. Section 2. That the City of Dubuque be and NOW, THEREFORE, BE IT RESOLVED is hereby authorized to accept a Quit Claim BY THE CITY COUNCIL OF THE CITY OF deed from the owner, conveying the owner’s DUBUQUE, IOWA: interest to the City of Dubuque, Iowa for the Section 1. That the Funding Approv-herein described real estate. al/Agreement, authorized by the U.S. Depart-Section 3. That the City Clerk be and is he- ment of Housing and Urban Development be-reby authorized and directed to cause said ginning July 1, 2009 for a Community Devel-Quit Claim Deed to be recorded in the office of opment Block Grant to the City of Dubuque in the Dubuque County Recorder, together with the amount of $1,236,260 and identified as certified copy of the Resolution. Grant Number B-09-MC-19-0004 is hereby Section 4. That the City Clerk be and is he- accepted. reby directed to forward a copy of this Resolu- Section 2. That the Mayor of the City of tion to the Dubuque County Assessor and the Dubuque be and he is hereby authorized and Dubuque County Auditor. th directed to execute said Agreement on behalf Passed, approved and adopted this 6 day of the City of Dubuque, Iowa. of July, 2009. th Passed, approved and adopted this 6 day Roy D. Buol, Mayor of July 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Dubuque Main Street, Ltd. Program Agreement: City Manager recommending ap- City Manager Employment Agreement: proval of a Program Agreement between Du- Submittal of the Nineteenth Amendment to the buque Main Street, Ltd., the City of Dubuque City Manager’s Employment Agreement for and the Iowa Department of Economic Devel- approval. Upon motion the document was re-opment. Upon motion the documents were ceived, filed, and approved. received and filed and Resolution No. 218-09 Resolution of Support and financial commit- Bee Branch Creek Restoration Project – ment for the Main Street Program in Dubuque, Purchase of Property: City Manager recom-Iowa, was adopted. mending acceptance of the warranty deed for RESOLUTION NO. 218-09 property purchased from Milton Schwartz at RESOLUTION OF SUPPORT AND FINAN- 1597 Maple Street as part of the Bee Branch CIAL COMMITMENT FOR THE MAIN Creek Restoration Project. Upon motion the STREET PROGRAM IN DUBUQUE documents were received and filed and Reso- lution No. 217-09 Approving the acquisition of WHEREAS, an Agreement between the real estate owned by Milton E. Schwartz in the Iowa Department of Economic Development, City of Dubuque was adopted. Dubuque Main Street, Ltd. and the City of Du- buque for the purpose of continuing the Main RESOLUTION NO. 217-09 Street Iowa program in Dubuque; and APPROVING THE ACQUISITION OF REAL WHEREAS, this Agreement is pursuant to ESTATE OWNED BY MILTON E. contractual agreements between the National SCHWARTZ IN THE CITY OF DUBUQUE Trust for Historic Preservation and the Iowa Whereas,the City of Dubuque intends to Department of Economic Development to as- acquire certain properties located in the area sist in the revitalization of the designated Main of the Bee Branch Creek Restoration Project Street project area of Dubuque Iowa; and for stormwater mitigation activities as recom-WHEREAS, the City Council of Dubuque mended in the 2001 HDR “Drainage Basin endorses the goal of economic revitalization of Master Plan;” and the Downtown within the context of preserva- tion and rehabilitation of its historic buildings 234 Regular Session, July 6, 2009 Book 139 and supports the continuation of the Main within the City of Dubuque; Resolution No. Street Four Point Approach as developed by 220-09 Granting the issuance of twenty-five the National Trust for Historic Preservation and renewal licenses to sell cigarettes and ciga- espoused by Main Street Iowa. rette papers within the City of Dubuque; and NOW THEREFORE BE IT RESOLVED by Resolution No. 221-09 Granting the issuance the City Council of the City of of a Class “C” Beer/Liquor License to Brick- Dubuque, Iowa, meeting in regular session town Brewery, Denny’s Lux Club, Fischer on July 6, 2009, that the City of Dubuque he-Lanes, Paul’s Tavern, Diamond Jo Casino, reby agrees to support both financially and Knickers Saloon, Murph’s Southend and philosophically the work of Dubuque Main House of China; a Class “C” Beer/Liquor Li- Street, Ltd. and designates the Main Street cense (5-Day Special Event) to Dubuque Area Board to supervise the Program Director. Labor Management; and a Class “WBN” Na- th Passed, approved and adopted this 6 day tive Wine License to Tredway House Bed and of July, 2009. Breakfast were adopted. Roy D. Buol, Mayor RESOLUTION NO. 219-09 Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Enterprise Zone Appointment: City Manag-THE CITY COUNCIL OF THE CITY OF DU- er recommending confirmation of the at-large BUQUE, IOWA: appointment of Richard Stein to the City’s En-That the following having complied with the terprise Zone Commission. Upon motion the provisions of law relating to the sale of Ciga- documents were received, filed, and approved. rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- Government Finance Officers Association: rette Papers within said City. City Manager advising that the City has re-1 NEW st ceived for the 21 consecutive year the Gov-Kwik Star #495, Kwik Trip, Inc., 2685 ernment Finance Officers Association Certifi-Dodge Street cate of Achievement for Excellence in Finan-Passed, approved and adopted this 6th cial Reporting for the City’s Comprehensive day of July, 2009 Annual Financial Report for the fiscal year Roy D. Buol, Mayor ended June 30, 2008. Upon motion the docu-Attest: Jeanne F. Schneider, CMC, City Clerk ments were received and filed. RESOLUTION NO. 220-09 NOW, THEREFORE, BE IT RESOLVED BY Signed Contracts: Kephart Building Im- THE CITY COUNCIL OF THE CITY OF DU- provement Project; Request for Additional BUQUE, IOWA: Services No. 6; Property Insurance Renewal Contract; Dubuque Industrial Center West – That the following having complied with the North Siegert Farm Phase III Project Contract; provisions of law relating to the sale of Ciga- and Pitney Bowes – Printing and Mailing rettes within the City of Dubuque, Iowa, be Equipment Lease. Upon motion the docu-granted a permit to sell Cigarettes and Ciga- ments were received and filed. rette Papers within said City. 25 RENEWALS Liquor License Refund: Request of Mary 16th St Auto Truck Plaza, Mulgrew Oil Hoffman for a refund of the liquor license for Company, 1215 E. 16th Street The White House. Upon motion the document Cedar Cross Amoco, LB Metcalf, Inc, 1200 was received, filed, and approved. Cedar Cross Road Liquor License Transfers: Request of the Eagle Country Market, Downtown Eagle Dubuque County Historical Society to transfer Inc., 1800 Elm Street their liquor license to 501 Bell Street on August Kwik Stop, Rainbo Oil Com., 2335 Univer- 1, 2009 for the Taste of Dubuque. sity Avenue Request of the Rotary Club of Dubuque to Kwik Stop, Rainbo Oil Com., 2150 Twin transfer their liquor license to the Alliant Ener-Valley gy Outdoor Amphitheater on July 25, 2009 for Kwik Stop, Rainbo Oil Com., 4039 Penn- the Rock and Soul Reunion. sylvania Avenue Upon motion the documents were re-Kwik Stop, Rainbo Oil Com., 2390 Central ceived, filed, and approved. Avenue Kwik Stop, Rainbo Oil Com., 2255 Kerper Business Licenses: City Manager recom-Blvd. mending approval of annual liquor license re-Kwik Stop, Rainbo Oil Com., 2320 Hwy 61 newals as submitted. Upon motion the docu-South ments were received and filed and Resolution Lucky 13, David H. Erickson, 385 E. 13th No. 219-09 Granting the issuance of one new Street license to sell cigarettes and cigarette papers Book 139 Regular Session, July 6, 2009 235 McCann’s Service, McCann’s Service Inc, Curtis Gerhard, Knickers Saloon+(Sunday 690 W. Locust Street Sale), 2186 Central Avenue Mystique Casino, DBQ Greyhound Racing Pamela Murphy, Murph’s Southend, 55 Assoc., 1855 Greyhound Park Road Locust Street Oky Doky #8, Hill Street Plaza, 535 Hill House of China, House of China+(Sunday Street Sale), 170 JFK Road Paro Food Mart, Sahajanand Enterp., 3200 CLASS “C” BEER/LIQUOR LICENSE (5 DAY Central Avenue SPECIAL EVENT) Phillip’s 66, Liberty Station LLC, 10 S. Main Dubuque Area Labor Management, DBQ Street Area Labor Management, Town Clock Plaza Riviera Lounge, Patrick O’Clock, 116 W. CLASS “WBN” (NATIVE WINE) LICENSE 13th Street Gerald Staheli, Tredway House Bed & Road Ranger #159, Road Ranger, LLC, Breakfast, 565 Fenelon Place 2175 Central Avenue Passed, approved and adopted this 6th Road Ranger #160, Road Ranger, LLC, day of July, 2009 3270 Dodge Street Roy D. Buol, Mayor Road Ranger #161, Road Ranger, LLC, Attest: Jeanne F. Schneider, CMC, City Clerk 4110 Dodge Street ITEMS TO BE SET FOR PUBLIC HEARING Sam’s Club #4973, Wal-Mart Stores, Inc, 4400 Asbury Road Tobacco Outlet Plus #504, Kwik Trip, Inc, Motion by Lynch to receive and file the 806 Wacker Drive documents, adopt the resolutions, set the pub- Walgreens #6154, Walgreen, Co., 2260 lic hearings as indicated, and direct the City JFK Road Clerk to publish notice as prescribed by law. Walgreens #9708, Walgreen, Co., 55 JFK Seconded by Braig. Motion carried 7-0. Road Wal-Mart Supercenter #2004, Wal-Mart Water Revenue Capital Loan Notes: City Store, 4200 Dodge Street Manager recommending that a public hearing Walnut Tap, Craig J. Weiner, 709 Universi-be set for July 20, 2009 to consider the is- ty Avenue suance of not to exceed $8,000,000 Water th Passed, approved and adopted this 6 day Revenue Capital Loan Notes. Upon motion the of July, 2009 documents were received and filed and Reso- Roy D. Buol, Mayor lution No. 222-09 Fixing date for a meeting on Attest: Jeanne F. Schneider, CMC, City Clerk the authorization of a loan and disbursement agreement and the issuance of not to exceed RESOLUTION NO. 221-09 $8,000,000 Water Revenue Capital Loan Whereas, applications for Liquor Licenses Notes of Dubuque, Iowa, and providing for have been submitted to this Council for ap-publication of notice thereof was adopted set- proval and the same have been examined and ting a public hearing for a meeting to com- approved; and mence at 6:30 p.m. on July 20, 2009 in the Whereas, the premises to be occupied by Historic Federal Building. such applicants were inspected and found to RESOLUTION NO. 222-09 comply with the State Laws and all City Ordin- FIXING DATE FOR A MEETING ON THE ances relevant thereto and they have filed AUTHORIZATION OF A LOAN AND DIS- proper bonds. BURSEMENT AGREEMENT AND THE IS- NOW, THEREFORE, BE IT RESOLVED SUANCE OF NOT TO EXCEED $8,000,000 BY THE CITY COUNCIL OF THE CITY OF WATER REVENUE CAPITAL LOAN NOTES DUBUQUE, IOWA: OF DUBUQUE, IOWA, AND PROVIDING That the Manager be authorized to cause FOR PUBLICATION OF NOTICE THEREOF to be issued the following named applicants a Liquor License. WHEREAS, it is deemed necessary and CLASS “C” BEER/LIQUOR LICENSE advisable that the City of Dubuque, Iowa RB Restaurant Management, Bricktown should provide for the authorization of a Loan Brewery+(Sunday Sale), 299 Main Street and Disbursement Agreement and the is- Beverly Larsen, Denny’s Lux suance of Water Revenue Capital Loan Notes, Club+(Outdoor Sale), 3050 Asbury Road in the amount of not to exceed $8,000,000, as Plastic Center, Inc., Fischer authorized by Sections 384.24A and 384.83, Lanes+(Sunday Sale), 880 Locust Street Code of Iowa, as amended, for the purpose of Tom Koch, Paul’s Tavern+(Sunday Sale), providing funds to pay costs as hereinafter 176 Locust Street described; and Diamond Jo LLC, Diamond Jo Casino WHEREAS, the City has applied for a loan +(Sunday/Outdoor Sale), 301 Bell Street through the Iowa Drinking Water State Revolv- ing Fund Program pursuant to which the Iowa 236 Regular Session, July 6, 2009 Book 139 Finance Authority has agreed to purchase the Passed and approved this 6th day of July, City's Notes and has requested that such 2009. Notes be issued as a single Note in a denomi-Roy D. Buol, Mayor nation equal to the total amount of the issue as Attest: Jeanne F. Schneider, CMC, City Clerk authorized by Chapter 384 of the Code of Iowa; and Iowa 32 Hike / Bike Trail Phase 2 Project: WHEREAS, the Loan and Disbursement City Manager recommending initiation of the Agreement and Note shall be payable solely public bidding process for the Iowa 32 Hike / and only out of the net earnings of the Munici-Bike Trail Phase 2 Project and that a public pal Water Utility and shall be a first lien on the hearing be set for July 20, 2009. Upon motion future net earnings of the Utility; and shall not the documents were received and filed and be general obligations of the City or payable in Resolution No. 223-09 Preliminary approval of any manner by taxation and the City shall be in plans, specifications, form of contract, and no manner liable by reason of the failure of the estimated cost for the Iowa 32 Hike / Bike Trail net revenues to be sufficient for the payment Phase 2 Project; Resolution No. 224-09 Set- of the Loan and Disbursement Agreement and ting date of public hearing on plans, specifica- Note; and tions, form of contract, and estimated cost for WHEREAS, before a Loan and Disburse-the Iowa 32 Hike / Bike Trail Phase 2 Project; ment Agreement may be authorized and Water and Resolution No. 225-09 Ordering the ad- Revenue Capital Loan Notes issued to evi-vertisement for bids for the Iowa 32 Hike / Bike dence the obligation of the City there under, it Trail Phase 2 Project were adopted setting a is necessary to comply with the provisions of public hearing for a meeting to commence at the Code of Iowa, as amended, and to publish 6:30 p.m. on July 20, 2009 in the Historic Fed- a notice of the proposal and of the time and eral Building. place of the meeting at which the Council pro- RESOLUTION NO. 223-09 poses to take action for the authorization of the PRELIMINARYAPPROVAL OF PLANS, Loan and Disbursement Agreement and Notes SPECIFICATIONS, FORM OF CONTRACT, and to receive oral and/or written objections AND ESTIMATED COST FOR THE IOWA 32 from any resident or property owner of the City HIKE/BIKE TRAIL, PHASE 2 PROJECT to such action. NOW, THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RE- BY THE CITY COUNCIL OF THE CITY OF SOLVED BY THE CITY COUNCIL OF THE DUBUQUE, IOWA: CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the That the proposed plans, specifica- Historic Federal Building, 350 West 6th Street, tions, form of contract and estimated cost for Dubuque, Iowa, at 6:30 o'clock P.M., on the the Iowa 32 Hike/Bike Trail, Phase 2 Project, th 20 day of July, 2009, for the purpose of tak-in the estimated amount of $180,942, are he- ing action on the matter of the authorization of reby preliminarily approved and ordered filed a Loan and Disbursement Agreement and the in the office of the City Clerk for public inspec- issuance of not to exceed $8,000,000 Water tion. Revenue Capital Loan Notes to evidence the Passed, adopted and approved this obligations of the City there under, the 6th day of July, 2009. proceeds of which will be used to provide Roy D. Buol, Mayor funds to pay the costs of acquisition, construc-Attest: Jeanne F. Schneider, City Clerk tion, reconstruction, extending, remodeling, RESOLUTION NO. 224-09 improving, repairing and equipping all or part FIXING DATE OF PUBLIC HEARING ON of the Municipal Water Utility, including those PLANS, SPECIFICATIONS, FORM OF CON- costs associated with the acquisition and in- TRACT, AND ESTIMATED COST FOR THE stallation of a fixed radio network water meter IOWA 32 HIKE/BIKE TRAIL, PHASE 2 system. PROJECT Section 2. That the Clerk is hereby directed to cause at least one publication to be made of Whereas, the City Council of the City of a notice of said meeting, in a legal newspaper, Dubuque, Iowa has given its preliminary ap- printed wholly in the English language, pub-proval to the proposed plans, specifications, lished at least once weekly, and having gener-form of contract, and estimated cost for the al circulation in said City, said publication to be Iowa 32 Hike/Bike Trail, Phase 2 Project and not less than four clear days nor more than ordered the same to be on file in the office of twenty days before the date of said public the City Clerk for public inspection. meeting on the issuance of the Notes. NOW, THEREFORE, BE IT RESOLVED, Section 3. The notice of the proposed ac-BY THE CITY COUNCIL OF THE CITY OF tion shall be in substantially the [provided] DUBUQUE, IOWA: form: That a public hearing will be held on the 20th day of July, 2009, at 6:30 p.m. in the in Book 139 Regular Session, July 6, 2009 237 the Council Chambers, second floor of the the documents were received and filed and Historic Federal Building, 350 West 6th Street, Resolution No. 226-09 Preliminary approval of Dubuque, Iowa, at which time interested per-plans, specifications, form of contract, and sons may appear and be heard for or against estimated cost for the Trail Project at Bergfeld the proposed plans and specifications, form of Recreation Area; Resolution No. 227-09 Set- contract and estimated cost of said Project, ting date of public hearing on plans, specifica- and the City Clerk be and is hereby directed to tions, form of contract, and estimated cost for cause the attached notice of the time and the Trail Project at Bergfeld Recreation Area; place of such hearing to be published in a and Resolution No. 228-09 Ordering the ad- newspaper having general circulation in the vertisement for bids for the Trail Project at City of Dubuque, Iowa, which notice shall be Bergfeld Recreation Area were adopted setting published not less than four days nor more a public hearing for a meeting to commence at than twenty days prior to the date of such 6:30 p.m. on July 20, 2009 in the Historic Fed- hearing. At the hearing, any interested person eral Building. may appear and file objections to the proposed RESOLUTION NO. 226-09 plans, specifications, form of contract, or esti- PRELIMINARY APPROVAL OF PLANS, mated cost of the Project. SPECIFICATIONS, FORM OF CONTRACT, Passed, adopted and approved this 6th AND ESTIMATED COST FOR THE TRAIL day of July, 2009. PROJECT AT THE BERGFELD Roy D. Buol, Mayor RECREATION AREA Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 225-09 BY THE CITY COUNCIL OF THE CITY OF ORDERING THE ADVERTISEMENT FOR DUBUQUE, IOWA: BIDS FOR THE IOWA 32 HIKE/BIKE TRAIL, That the proposed plans, specifications, PHASE 2 PROJECT form of contract and estimated cost for the NOW THEREFORE, BE IT RESOLVED Trail Project at the Bergfeld Recreation Area, BY THE COUNCIL OF THE CITY OF DUBU-in the estimated amount of $585,062, are he- QUE, IOWA: reby preliminarily approved and ordered filed That the Iowa 32 Hike/Bike Trail, Phase 2 in the office of the City Clerk for public inspec- Project is hereby ordered to be advertised for tion. bids for construction. Passed, adopted and approved this 6th BE IT FURTHER RESOLVED that the day of July, 2009. amount of the security to accompany each bid Roy D. Buol, Mayor shall be in an amount which shall conform to Attest: Jeanne F. Schneider, CMC, City Clerk the provisions of the Notice to Bidders hereby RESOLUTION NO. 227-09 approved. FIXING DATE OF PUBLIC HEARING ON That the City Clerk is hereby directed to PLANS, SPECIFICATIONS, FORM OF CON- advertise for bids for the construction of the TRACT, AND ESTIMATED COST FOR THE improvements herein provided, by publishing TRAIL PROJECT AT THE BERGFELD the attached Notice to Bidders to be published RECREATION AREA in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall Whereas, the City Council of the City of be published more than twenty days but not Dubuque, Iowa has given its preliminary ap- more than forty-five days before the date for proval to the proposed plans, specifications, filing bids at 2:00 p.m. on the 28th day of July, form of contract, and estimated cost for the 2009. Bids shall be opened and read by the Trail Project at the Bergfeld Recreation Area City Clerk at said time and will be submitted to and ordered the same to be on file in the office the City Council for final action at the City of the City Clerk for public inspection. Council meeting to be held at 6:30 p.m. on the NOW, THEREFORE, BE IT RESOLVED, 3rd day of August, 2009, in the Council Cham-BY THE CITY COUNCIL OF THE CITY OF bers, second floor of the Historic Federal DUBUQUE, IOWA: Building, 350 West 6th Street, Dubuque, Iowa. That a public hearing will be held on the Passed, adopted and approved this 6th 20th day of July, 2009, at 6:30 p.m. in the in day of July, 2009. the Council Chambers, second floor of the Roy D. Buol, Mayor Historic Federal Building, 350 West 6th Street, Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against Trail Project at Bergfeld Recreation Area: the proposed plans and specifications, form of City Manager recommending initiation of the contract and estimated cost of said Project, public bidding process for the Trail Project at and the City Clerk be and is hereby directed to Bergfeld Recreation Area and that a public cause the attached notice of the time and hearing be set for July 20, 2009. Upon motion place of such hearing to be published in a 238 Regular Session, July 6, 2009 Book 139 newspaper having general circulation in the the advertisement for bids for the E.B. Lyons City of Dubuque, Iowa, which notice shall be Nature Center Addition Project were adopted published not less than four days nor more setting a public hearing for a meeting to com- than twenty days prior to the date of such mence at 6:30 p.m. on July 20, 2009 in the hearing. At the hearing, any interested person Historic Federal Building. may appear and file objections to the proposed RESOLUTION NO. 229-09 plans, specifications, form of contract, or esti- PRELIMINARY APPROVAL OF PLANS, mated cost of the Project. SPECIFICATIONS, FORM OF CONTRACT, Passed, adopted and approved this 6th AND ESTIMATED COST FOR THE E.B. day of July, 2009. LYONS NATURE CENTER EXPANSION Roy D. Buol, Mayor PROJECT Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 228-09 BY THE CITY COUNCIL OF THE CITY OF ORDERING THE ADVERTISEMENT FOR DUBUQUE, IOWA: BIDS FOR THE TRAIL PROJECT AT THE That the proposed plans, specifications, BERGFELD RECREATION AREA form of contract and estimated cost for the NOW THEREFORE, BE IT RESOLVED E.B. Lyons Nature Center Expansion Project, BY THE COUNCIL OF THE CITY OF DUBU-in the estimated amount of $1,231,028, are QUE, IOWA: hereby preliminarily approved and ordered That the Trail Project at the Bergfeld filed in the office of the City Clerk for public Recreation Area is hereby ordered to be ad-inspection. vertised for bids for construction. Passed, adopted and approved this 6th BE IT FURTHER RESOLVED that the day of July, 2009. amount of the security to accompany each bid Roy D. Buol, Mayor shall be in an amount which shall conform to Attest: Jeanne F. Schneider, CMC, City Clerk the provisions of the Notice to Bidders hereby RESOLUTION NO. 230-09 approved. FIXING DATE OF PUBLIC HEARING ON That the City Clerk is hereby directed to PLANS, SPECIFICATIONS, FORM OF CON- advertise for bids for the construction of the TRACT, AND ESTIMATED COST FOR THE improvements herein provided, by publishing E.B. LYONS NATURE CENTER EXPANSION the attached Notice to Bidders to be published PROJECT in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall Whereas, the City Council of the City of be published more than twenty days but not Dubuque, Iowa has given its preliminary ap- more than forty-five days before the date for proval to the proposed plans, specifications, filing bids at 2:00 p.m. on the 23rd day of July, form of contract, and estimated cost for the 2009. Bids shall be opened and read by the E.B. Lyons Nature Center Expansion Project City Clerk at said time and will be submitted to and ordered the same to be on file in the office the City Council for final action at the City of the City Clerk for public inspection. Council meeting to be held at 6:30 p.m. on the NOW, THEREFORE, BE IT RESOLVED, 3rd day of August, 2009, in the Council Cham-BY THE CITY COUNCIL OF THE CITY OF bers, second floor of the Historic Federal DUBUQUE, IOWA: Building, 350 West 6th Street, Dubuque, Iowa. That a public hearing will be held on the Passed, adopted and approved this 6th 20th day of July, 2009, at 6:30 p.m. in the in day of July, 2009. the Council Chambers, second floor of the Roy D. Buol, Mayor Historic Federal Building, 350 West 6th Street, Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, at which time interested per- sons may appear and be heard for or against E.B. Lyons Nature Center Addition Project: the proposed plans and specifications, form of City Manager recommending initiation of the contract and estimated cost of said Project, public bidding process for the E.B. Lyons Na-and the City Clerk be and is hereby directed to ture Center Addition Project and that a public cause the attached notice of the time and hearing be set for July 20, 2009. Upon motion place of such hearing to be published in a the documents were received and filed and newspaper having general circulation in the Resolution No. 229-09 Preliminary approval of City of Dubuque, Iowa, which notice shall be plans, specifications, form of contract, and published not less than four days nor more estimated cost for the E.B. Lyons Nature Cen-than twenty days prior to the date of such ter Addition Project; Resolution No. 230-09 hearing. At the hearing, any interested person Setting date of public hearing on plans, speci-may appear and file objections to the proposed fications, form of contract, and estimated cost plans, specifications, form of contract, or esti- for the E.B. Lyons Nature Center Addition mated cost of the Project. Project; and Resolution No. 231-09 Ordering Book 139 Regular Session, July 6, 2009 239 RESOLUTION NO. 232-09 Passed, adopted and approved this 6th LOCUST STREET ASPHALT RESURFAC- day of July, 2009. ING PROJECT Roy D. Buol, Mayor THTH (9 STREET TO 17 STREET) Attest: Jeanne F. Schneider, CMC, City Clerk IOWA DOT PROJECT NO. STP-U-2100 RESOLUTION NO. 231-09 (641)--70-31 ORDERING THE ADVERTISEMENT FOR PRELIMINARY APPROVAL OF PLANS, BIDS FOR THE E.B. LYONS NATURE CEN-SPECIFICATIONS, FORM OF CONTRACT, TER EXPANSION PROJECTAND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- NOW THEREFORE, BE IT RESOLVED FICATIONS, FORM OF CONTRACT, AND BY THE COUNCIL OF THE CITY OF DUBU- ESTIMATED COST; AND ORDERING THE QUE, IOWA: ADVERTISEMENT FOR BIDS That the E.B. Lyons Nature Center Expan- sion Project is hereby ordered to be advertised NOW THEREFORE, BE IT RESOLVED for bids for construction. BY THE CITY COUNCIL OF THE CITY OF BE IT FURTHER RESOLVED that the DUBUQUE, IOWA: amount of the security to accompany each bid The proposed plans, specifications, form of shall be in an amount which shall conform to contract and estimated cost for the Locust th the provisions of the Notice to Bidders hereby Street Asphalt Resurfacing Project (9 Street th approved. to 17 Street), Iowa DOT Project No. STP-U- That the City Clerk is hereby directed to 2100(641)--70-31, in the estimated amount advertise for bids for the construction of the $714,600.25, are hereby preliminarily ap- improvements herein provided, by publishing proved and ordered filed in the office of the the attached Notice to Bidders to be published City Clerk for public inspection. th in a newspaper having general circulation in A public hearing will be held on the 20 the City of Dubuque, Iowa, which notice shall day of July, 2009, at 6:30 p.m. in the Historic be published more than twenty days but not Federal Building Council Chambers at which more than forty-five days before the date for time interested persons may appear and be filing bids at 2:00 p.m. on the 6th day of Au-heard for or against the proposed plans and gust, 2009. Bids shall be opened and read by specifications, form of contract and estimated the City Clerk at said time and will be submit-cost of said Project, and the City Clerk be and ted to the City Council for final action at the is hereby directed to cause the attached notice City Council meeting to be held at 6:30 p.m. on of the time and place of such hearing to be the 17th day of August, 2009, in the Council published in a newspaper having general cir- Chambers, second floor of the Historic Federal culation in the City of Dubuque, Iowa, which Building, 350 West 6th Street, Dubuque, Iowa. notice shall be published not less than four Passed, adopted and approved this 6th days nor more than twenty days prior to the day of July, 2009. date of such hearing. At the hearing, any inter- Roy D. Buol, Mayor ested person may appear and file objections to Attest: Jeanne F. Schneider, CMC, City Clerk the proposed plans, specifications, form of contract, or estimated cost of the Project. thth Locust Street Resurfacing – 9 to 17 The Locust Street Asphalt Resurfacing thth Streets Project: City Manager recommending Project (9 Street to 17 Street), Iowa DOT initiation of the public bidding process for the Project No. STP-U-2100(641)--70-31 is hereby thth Locust Street Resurfacing – 9 to 17 Streets ordered to be advertised for bids for construc- Project and that a public hearing be set for tion. July 20, 2009. Upon motion the documents The amount of the security to accompany were received and filed and Resolution No. each bid shall be in an amount which shall 232-09 Preliminary approval of plans, specifi-conform to the provisions of the Notice to Bid- cations, form of contract, and estimated cost; ders hereby approved. setting date of public hearing on plans, specifi-The City Clerk is hereby directed to adver- cations, form of contract, and estimated cost; tise for bids for the construction of the im- and ordering the advertisement for bids for the provements herein provided, by publishing the th Locust Street Asphalt Resurfacing Project (9 attached Notice to Bidders to be published in a th Street To 17 Street) Iowa DOT Project No. newspaper having general circulation in the STP-U-2100 (641)--70-31 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 before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of st Transportation on the 21 day of July, 2009. Bids shall be opened and read by the Iowa Department of Transportation at said time and 240 Regular Session, July 6, 2009 Book 139 will be submitted to the City Council for final City Manager requesting that this item be rd action on the 3 day of August, 2009, in the tabled to December 7, 2009. Historic Federal Building Council Chambers Proof of publication on notice of hearing to th (second floor), 350 West 6 Street, Dubuque, consider a request from the City of Dubuque/ Iowa. Dubuque Initiatives to amend the Planned Unit th Passed, adopted and approved this 6 day Development (PUD) for the Dubuque Industrial of July, 2009. Center, located on Chavenelle Road and the Roy D. Buol, Mayor Northwest Arterial, to change the designation Attest: Jeanne F. Schneider, CMC, City Clerk of property from open space to commercial and Zoning Advisory Commission recommend- BOARDS/COMMISSIONS ing approval, with conditions. Motion by Connors to remove from table. Applicants were invited to address the City Seconded by Braig. Motion carried 7-0. Council regarding their desire to serve on the Motion by Braig to table the proposed or- following Boards/Commissions.dinance amending Appendix A (the Zoning Building Code Board of Appeals: Two 3-Ordinance) of the City of Dubuque Code of year terms through August 1, 2012 (Terms of Ordinances by adopting a revised Planned Carr and Luchsinger) At-large and General Unit Development Ordinance for the Dubuque Contractor requirements. Applicants: Richard Industrial Center Phases I and II located at the Luchsinger, 2875 Brueck Road (At-Large southwest corner of Highway 32 (Northwest Reappointment); Chuck Carr, 1705 Kathy Arterial) and Chavenelle Road and by repeal- Drive (General Contractor reappointment) ing Ordinance 22-07 to December 7, 2009. Library Board of Trustees: Three 4-year Seconded by Jones. Motion carried 7-0. terms referenced with expiration dates contin- gent upon proposed ordinance which will re-Pennsylvania Avenue from IA 32 to Viza- stagger terms: 2 terms through July 1, 2010; leea Drive Safety Improvements Project, and 1 term through July 1, 2013 (Terms of Phase II: Proof of publication on notice of pub- Guns, Kolz, and Willis). Applicants: Diann lic hearing to consider the plans, specifica- Guns, 1715 Diane Court (Seeking reappoint-tions, form of contract, and estimated cost for ment through July 1, 2010); Beverly Kolz, 2206 the Pennsylvania Avenue from IA 32 to Viza- Simpson Street (Seeking reappointment leea Drive Safety Improvements Project and through July 1, 2010); Gail Murphy, 3096 Oak City Manager recommending approval. Motion View Court (First-time applicant); Lorri Regan, by Jones to receive and file the documents 2659 Queen Street (First-time applicant); Mike and adopt Resolution No. 233-09 Approving th Willis, 1365 W. 5 Street (Seeking reappoint-plans, specifications, form of contract, and ment through July 1, 2013). Ms. Guns, Ms. estimated cost for the Pennsylvania Avenue Kolz, Ms. Murphy, and Mr. Willis all spoke in from IA 32 to Vizaleea Drive Safety Improve- support of their appointments. ments Project. Seconded by Lynch. Motion carried 7-0. Appointments to the following RESOLUTION NO. 233-09 Boards/Commissions: Historic Preservation APPROVAL OF PLANS, SPECIFICATIONS, Commission - Designation of Service Areas: FORM OF CONTRACT, AND ESTIMATED Three At-Large Commissioners and One Ca- COST FOR THE PENNSYLVANIA AVENUE thedral Historic District Interim Commissioner FROM IA 32 TO VIZALEEA DRIVE SAFETY (at-large terms of Olson and Bichell, interim IMPROVEMENTS PROJECT, PHASE II term of Knight). Appointees: Christen Happ Olson, 1090 Grove Terrace; Michael Knight, NOW THEREFORE, BE IT RESOLVED 942 Mt. Pleasant Street; Mary Loney Bichell, BY THE CITY COUNCIL OF THE CITY OF th 595 W. 11 Street; and Peggy Stover, 1145 DUBUQUE, IOWA: Locust Street. Upon roll call vote Ms. Olson, That the proposed plans, specifications, Mr. Knight, and Ms. Bichell were assigned to form of contract and estimated cost for the at-large positions and Ms. Stover was as-Pennsylvania Avenue from IA 32 to Vizaleea signed to the Cathedral Historic District as Drive Safety Improvements Project, Phase II, Interim Commissioner. in the estimated amount $364,950.73, are he- reby approved. th Upon motion the rules were reinstated li-Passed, adopted and approved this 6 day miting discussion to the City Council. of July, 2009. Roy D. Buol, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center – Planned Unit Upon motion the rules were reinstated li- Development District (Tabled on April 6, 2009): miting discussion to the City Council. Book 139 Regular Session, July 6, 2009 241 ACTION ITEMS Section 2. This Ordinance shall take effect on publication. th Greater Dubuque Development Corpora-Passed, approved and adopted the 6 day tion: Rick Dickinson, Executive Director of the of July, 2009. Greater Dubuque Development Corporation, /s/Roy D. Buol, Mayor 816 River Street, Sabula, provided a verbal Attest: report and video on the activities of GDDC. /s/Jeanne F. Schneider, CMC, City Clerk Motion by Jones to receive and file. Seconded Published officially in the Telegraph Herald th by Braig. Motion carried 7-0. Newspaper the 10 day of July, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Library Board of Trustees: City Manager recommending that the Library Board of Trus-Millwork District – Consultant Selection: tees terms of service be staggered to avoid City Manager recommending approval of the five of the seven trustee positions becoming selection of Veenstra & Kimm/JJR as the con- vacant at one time. Motion by Connors to re-sultant for the Millwork District Streetscape, ceive and file the documents and that the re-Street and Utility Improvement Project. Motion quirement that a proposed ordinance be con-by Connors to receive and file the documents sidered and voted on for passage at two and approve the recommendation. Seconded Council meetings prior to the meeting at which by Lynch. Motion carried 7-0. it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. North Fork Catfish Creek Sanitary Sewer Motion by Connors for final consideration Project – Phase II: City Manager recommend- and passage of Ordinance No. 34-09 Amend-ing award of the public improvement contract ing City of Dubuque Code of Ordinances for the North Fork Catfish Creek Stormwater Chapter 30 Library, Section 3-04 Board of and Sanitary Sewer Improvements Project – Trustees-Terms of Members; Filling of Vacancies Phase II to Portzen Construction, Inc., in the by providing for staggered terms for Board Mem-amount of $997,168. Motion by Jones to re- bers. Seconded by Braig. Motion carried 7-0. ceive and file the documents and adopt Reso- lution No. 234-09 Awarding public improve- OFFICIAL PUBLICATION ment contract for the North Fork Catfish Creek ORDINANCE NO. 34-09 Sanitary Sewer Project – Phase II. Seconded AMENDING CITY OF DUBUQUE CODE OF by Voetberg. Motion carried 7-0. ORDINANCES CHAPTER 30 LIBRARY, SECTION 3-04 BOARD OF TRUSTEES-RESOLUTION NO. 234-09 TERMS OF MEMBERS; FILLING OF VA-AWARDING PUBLIC IMPROVEMENT CON- CANCIES BY PROVIDING FOR STAG-TRACT FOR THE NORTH FORK CATFISH GERED TERMS FOR BOARD MEMBERS CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – Section 1. City of Dubuque Code of Ordin- PHASE II ances § 30-4 is amended to read as follows: Sec. 30-4. Board of Trustees-Terms of Whereas, sealed proposals have been Members; Filling of Vacancies: submitted by contractors for the North Fork For the three vacancies that occur on July Catfish Creek Stormwater and Sanitary Sewer 1, 2009, the appointments to fill two of the va-Improvements Project – Phase II (the Project) cancies shall be for terms ending July 1, 2010 pursuant to Resolution No. 185-09 and Notice and the appointment to fill the other vacancy to Bidders published in a newspaper published th shall be for a term ending July 1, 2013. For the in the City of Dubuque, Iowa on the 5 day of four vacancies that occur on July 1, 2011, the June, 2009. appointments to fill two of the vacancies shall Whereas, said sealed proposals were rd be for terms ending July 1, 2012 and the ap-opened and read on the 23 day of June, pointments to fill the two other vacancies shall 2009 and it has been determined that Portzen be for terms ending July 1, 2015. Thereafter, Construction, Inc. of Dubuque, Iowa, with a bid each member of the Board shall hold office for in the amount of $997,168.00, is the lowest four (4) years and until such member's suc-responsive, responsible bidder for the Project. cessor is appointed and qualified. The term of NOW THEREFORE, BE IT RESOLVED office of each member shall commence July 1 BY THE CITY COUNCIL OF THE CITY OF in the year in which the member is appointed. DUBUQUE, IOWA: Vacancies occurring on the Board through That a Public Improvement Contract for the death, resignation or permanent removal from Project is hereby awarded to Portzen Con- the City shall be filled by the Mayor with the struction, Inc. and the City Manager is hereby approval of the City Council, but such ap-directed to execute a Public Improvement pointments shall be made to fill out the unex-Contract on behalf of the City of Dubuque for pired term for which the appointment is made. the Project. 242 Regular Session, July 6, 2009 Book 139 th Passed, approved and adopted this 6 day Historic Federal Building. Seconded by Voet- of July, 2009. berg. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Code of Ordinance Amendment – General Penalty Update: City Manager recommending Dubuque Industrial Center West – North approval of adjusting the City’s municipal pe- Siegert Farm Phase III Project: City Manager nalties to match the changes to State law. Mo- recommending award of the public improve-tion by Jones to receive and file the docu- ment contract for the Dubuque Industrial Cen-ments and that the requirement that a pro- ter West – North Siegert Farm Phase III posed ordinance be considered and voted on Project to Horsfield Construction, Inc., in the for passage at two Council meetings prior to amount of $700,167.69. Motion by Lynch to the meeting at which it is to be passed be sus- receive and file the documents and adopt pended. Seconded by Voetberg. Motion car- Resolution No. 235-09 Awarding the public ried 7-0. improvement contract for the Dubuque Indus-Motion by Jones for final consideration and trial Center West – North Siegert Farm Phase passage of Ordinance No. 35-09 Amending III Project. Seconded by Braig. Motion carried 7-0. the City of Dubuque Code of Ordinances Sec- tion 1-8 General Penalty by referencing Iowa RESOLUTION NO. 235-09 Code Section 903.1 which provides the penal- AWARDING PUBLIC IMPROVEMENT CON- ty for simple misdemeanors. Seconded by TRACT FOR THE DUBUQUE INDUSTRIAL Lynch. Motion carried 7-0. CENTER WEST, NORTH SIEGERT FARM PROJECT – PHASE III, PCC PAVING & OFFICIAL PUBLICATION UTILITIES ORDINANCE NO. 35-09 AMENDING THE CITY OF DUBUQUE CODE Whereas, sealed proposals have been OF ORDINANCES SECTION 1-8 GENERAL submitted by contractors for the Dubuque In- PENALTY BY REFERENCING IOWA CODE dustrial Center West, North Siegert Farm SECTION 903.1 WHICH PROVIDES THE Project – Phase III, PCC Paving & Utilities (the PENALTY FOR SIMPLE MISDEMEANORS Project) pursuant to Resolution No. 206-09 and Notice to Bidders published in a newspa-NOW, THEREFORE, BE IT ORDAINED per published in the City of Dubuque, Iowa on BY THE CITY COUNCIL OF THE CITY OF th the 5 day of June, 2009. DUBUQUE, IOWA: Whereas, said sealed proposals were Section 1. Section 1-8 of the City of Dubu- th opened and read on the 18 day of June, que Code of Ordinances is amended to read 2009, and it has been determined that Hors-as follows: field Construction, Inc. of Epworth, Iowa, with a Sec. 1-8. General Penalty. bid in the amount of $700,167.69, is the lowest The doing of any act prohibited or declared responsive, responsible bidder for the Project. to be unlawful, an offense, or a misdemeanor NOW THEREFORE, BE IT RESOLVED by this Code or any ordinance or code herein BY THE CITY COUNCIL OF THE CITY OF adopted by reference, or the omission or fail- DUBUQUE, IOWA: ure to perform any act or duty required by this That a Public Improvement Contract for the Code or any ordinance or code herein adopted Project is hereby awarded to Horsfield Con-by reference is, unless another penalty is spe- struction, Inc. and the City Manager is hereby cified, punishable in accordance with Iowa directed to execute a Public Improvement Code §903.1, Subsection 1, Paragraph “a.” Contract on behalf of the City of Dubuque for Section 2. This Ordinance shall take effect the Project. on publication. thth Passed, approved and adopted this 6 day Passed, approved and adopted the 6 day of July, 2009. of July, 2009. Roy D. Buol, Mayor /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: /s/Jeanne F. Schneider, CMC, City Clerk National Mississippi River Museum and Published officially in the Telegraph Herald th Aquarium River Center Project – Phase II: City Newspaper the 10 day of July, 2009. Manager recommending award of the public /s/Jeanne F. Schneider, CMC, City Clerk improvement contract for the National Missis- sippi River Museum and Aquarium River Cen-Staffing: City Manager recommending ap- ter Project – Phase II. Motion by Connors to proval of the creation of a twenty-five hour per table the proposed resolution awarding public week position to submit competitive grant ap- improvement contract for the National Missis-plications for Federal Stimulus money and to sippi River Museum and Aquarium River Cen-coordinate reporting requirements when grants ter Project – Phase II for a special meeting to are received and reservation of $102,475 to commence at 5:00 p.m. on July 9, 2009 in the Book 139 Special Session July 9, 2009 243 CITY OF DUBUQUE, IOWA react to other needs and funding opportuni- ties. Motion by Jones to receive and file the CITY COUNCIL documents and approve the recommendation. OFFICIAL Seconded by Connors. Motion carried 7-0. PROCEEDINGS There being no further business, upon mo- tion the City Council adjourned at 7:15 p.m. The Dubuque City Council met in special session at 5:00 p.m. on July 9, 2009 in the /s/Jeanne F. Schneider, CMC Historic Federal Building. City Clerk Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to act upon such business that may properly come before the City Council. ACTION ITEM National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager recommending award of the public improvement contract for the National Missis- sippi River Museum and Aquarium River Cen- ter Project – Phase II. Motion by Jones to re- ceive and file the documents and adopt Reso- lution No. 236-09 Awarding public improve- ment contract for the National Mississippi Riv- er Museum and Aquarium River Center Project – Phase II and Resolution No. 237-09 Reject- ing bid proposals for Contract No. 3 – Fire Protection for the National Mississippi River Museum and Aquarium River Center Project – Phase II. Seconded by Voetberg. Motion car- ried 7-0. RESOLUTION NO. 236-09 AWARDING PUBLIC IMPROVEMENT CON- TRACTS FOR THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II (IOWA DOT No. EDP-2100 (652)--7Y-31) Whereas, sealed proposals have been submitted by contractors for the National Mis- sissippi River Museum and Aquarium Rivers Center Project - Phase II (the Project) pur- suant to Resolution No. 187-09 and Notice to Bidders published in a newspaper published in th the City of Dubuque, Iowa on the 5 day of June, 2009; and Whereas, said sealed proposals were nd opened and read on the 2 day of July, 2009 and it has been determined that the bid of the following contractors in the amounts specified were the lowest responsive, responsible bids for performing the work as provided in the plans and specifications. 244 Special Session, July 9, 2009 Book 139 RESOLUTION NO. 237-09 NOW THEREFORE, BE IT RESOLVED REJECTING BID PROPOSALS FOR CON- BY THE CITY COUNCIL OF THE CITY OF TRACT NO. 3 – FIRE PROTECTION FOR DUBUQUE, IOWA: THE NATIONAL MISSISSIPPI RIVER MU- 1. That a Public Improvement Contract SEUM AND AQUARIUM RIVERS CENTER for Project Contract No. 1 – General Con- PROJECT – PHASE II (Iowa DOT No. EDP- struction is hereby awarded to JP Cullen & 2100 (652)--7Y-31) Sons, Inc. in the amount of $2,209,703 and the City Manager is hereby directed to ex-Whereas, sealed proposals have been ecute a Public Improvement Contract on be-submitted by contractors for the National Mis- half of the City of Dubuque for the Project. sissippi River Museum and Aquarium Rivers 2. That a Public Improvement Contract Center Project - Phase II (the Project) pur- for Project Contract No. 2 – Food Service is suant to Resolution No. 187-09 and Notice to hereby awarded to Streich Equipment Co. Bidders published in a newspaper published in th Inc. in the amount of $117,400 and the City the City of Dubuque, Iowa on the 5 day of Manager is hereby directed to execute a Pub-June, 2009; and lic Improvement Contract on behalf of the City Whereas, the sealed proposals were nd of Dubuque for the Project. opened and read on the 2 day of July, 2009. 3. That a Public Improvement Contract NOW THEREFORE, BE IT RESOLVED for Project Contract No. 4 – Plumbing Sys-BY THE CITY COUNCIL OF THE CITY OF tems is hereby awarded to B.G. Brecke, Inc. DUBUQUE, IOWA: in the amount of $299,507 and the City Man-Section 1. All of the bid proposals for Con- ager is hereby directed to execute a Public tract No. 3 - Fire Protection received for the Improvement Contract on behalf of the City of National Mississippi River Museum and Aqua- Dubuque for the Project. rium Rivers Center Project - Phase II are he- 4. That a Public Improvement Contract reby rejected. for Project Contract No. 5 – HVAC Systems is Section 2. The City Treasurer is authorized hereby awarded to Geisler Brothers Compa-and instructed to return the bid deposits of the ny in the amount of $1,631,550 and the City unsuccessful bidders for Contract No. 3 - Fire Manager is hereby directed to execute a Pub-Protection. lic Improvement Contract on behalf of the City Passed, adopted and approved this 9th of Dubuque for the Project. day of July, 2009. 5. That a Public Improvement Contract Roy D. Buol, Mayor for Project Contract No. 6 – Geothermal Well Attest: Jeanne F. Schneider, CMC, City Clerk Systems is hereby awarded to McClain Exca- vating Co. Inc. in the amount of $285,838 and There being no further business, upon mo- the City Manager is hereby directed to ex-tion the City Council adjourned at 5:09 p.m. ecute a Public Improvement Contract on be- half of the City of Dubuque for the Project. /s/Jeanne F. Schneider, CMC 6. That a Public Improvement Contract City Clerk for Project Contract No. 7 – Electrical Sys- tems is hereby awarded to Giese Sheet Metal Co. Inc, Electrical Division, in the amount of $817,320 and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. 7. The award of the Public Improvement Contracts for this Project are contingent upon the formal approval of the Iowa Department of Transportation. Passed, approved and adopted this 9th day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Special Session July 20, 2009 245 CITY OF DUBUQUE, IOWA bicycles, is balanced with right-of-way and cost impacts, and is consistent with the trail plan CITY COUNCIL developed by the City. OFFICIAL PROCEEDINGS There being no further business, upon mo- tion the City Council adjourned at 6:02 p.m. The Dubuque City Council met in special /s/Jeanne F. Schneider, CMC session at 5:00 p.m. on July 20, 2009 in the City Clerk Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council to discuss the East / West Connectivity Study. WORK SESSION East / West Connectivity Study Project Manager Steve Sampson Brown explained that the purpose of the work session was to provide an update on the progress of the project and that the focus has been on working on multi-modal corridors, traffic capac- ity, and bike/pedestrian access as well as top- ics from the November 2008 work session regarding difficulties with constrained right-of- way corridors impacting the expansion of typi- cal cross sections which best facilitate the three modes. Will Sharp and Courtney Sokol, of HDR, Inc., 8404 Indian Hills Drive, Omaha, Ne- braska, reviewed the study process and pro- vided updated information from the previous work session via oral report and slide presen- tation including:  Review study process and schedule  Corridor improvement scenarios Scenarios 1-18 from No- o vember 2008 work session Scenarios 19-22, new corri- o dor improvement scenarios  Review corridor screening findings: identification and strategies  Concept development update  Culmination at November 2009 work session Following City Council discussion, Mr. Sharp summarized by stating HDR started by optimizing traffic capacity and consideration of complete streets. The purpose of the study was to focus on east/west corridor capacity improvements. Mr. Sharp believed there are no easy or prefect solutions that can feasibly solve it all within acceptable costs and accept- able levels of right-of-way impacts. The plan will improve operations for pedestrians and 246 Regular Session, July 20, 2009 Book 139 CITY OF DUBUQUE, IOWA Agreement with Hillcrest Family Services: City Manager recommending approval of an CITY COUNCIL agreement with Hillcrest Family Services for OFFICIAL the use of Murphy Park for a holiday light dis- PROCEEDINGS play. Upon motion the documents were re- ceived, filed, and approved. The Dubuque City Council met in regular Purchase of Property – 502 / 504 Rhom- session at 6:30 p.m. on July 20, 2009 in the berg Avenue: City Manager recommending Historic Federal Building. approval to purchase a residential dwelling located at 502 / 504 Rhomberg Avenue as part Present: Mayor Buol, Council Members of the acquisition program associated with the Braig, Connors, Jones, Lynch, Resnick, Voet- Bee Branch Creek Restoration Project. Upon berg, City Manager Van Milligen, City Attorney motion the documents were received and filed Lindahl and Resolution No. 238-09 Approving the ac- quisition of real estate located at 502 / 504 Mayor Buol read the call and stated this is Rhomberg Avenue in the City of Dubuque was a regular session of the City Council to act adopted. upon such business that may properly come before the City Council. RESOLUTION NO. 238-09 APPROVING THE ACQUISITION OF REAL Invocation was provided by Pastor Jennifer ESTATE LOCATED AT 502-504 RHOM- Meyer of Rockdale-Center Grove Methodist BERG AVENUE, IN THE CITY OF DUBUQUE Church. WHEREAS, the City of Dubuque intends to acquire certain properties located in the area CONSENT ITEMS of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- Motion by Lynch to receive and file the mended in the 2001 HDR “Drainage Basin documents, adopt the resolutions, and dispose Master Plan;” and of as indicated. Seconded by Voetberg. Motion WHEREAS,a purchase agreement has carried 7-0. been finalized with the owner of the sixty fourth property scheduled for acquisition. Minutes and Reports Submitted: Cable TV NOW, THEREFORE, BE IT RESOLVED Teleprogramming Commission of 6/2; City BY THE CITY COUNCIL OF THE CITY OF Council of 7/6 and 7/9; Civil Service Commis- DUBUQUE, IOWA: sion of 6/10; Historic Preservation Commission Section 1. That the City of Dubuque hereby of 6/18 (Regular Meeting and Worksession); approves the acquisition of the following legal- Investment Oversight Advisory Commission of ly described property: 4/22; Zoning Advisory Commission of 7/1; Lot 19 and the Northeasterly 8 feet 2 inch- Zoning Board of Adjustment of 6/25 es of Lot 20, in Smedley’s Subdivision in the th Investment Oversight Commission’s 64 City of Dubuque, Iowa, according to the rec- Quarterly Report orded plats thereof. Proofs of publication of City Council Pro- At the cost of Seventy five thousand dollars ceedings of June 15, 23, and 30, 2009 ($75,000). Upon motion the documents were received Section 2. That the City of Dubuque be and and filed. is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s Notice of Claims/Suits: Camille Blackburn interest to the City of Dubuque, Iowa for the for vehicle damage; Paula Hammerand for herein described real estate. personal injury; Marjorie Meyer for property Section 3. That the City Clerk be and she damage. Upon motion the documents were is hereby authorized and directed to cause received and filed and referred to the City At- said Quit Claim Deed to be recorded in the torney. office of the Dubuque County Recorder, to- gether with certified copy of the Resolution. City Attorney advising that the following Section 4. That the City Clerk be and she claims have been referred to Public Entity Risk is hereby directed to forward a copy of this Services of Iowa, the agent for the Iowa Com- Resolution to the Dubuque County Assessor munities Assurance Pool: Katherine Dietzel for and the Dubuque County Auditor. vehicle damage; Marjorie Meyer for property th Passed, approved, and adopted this 20 damage; Camille Blackbourn for vehicle dam- day of July, 2009. age; Paula Hammerand for personal injury. Roy D. Buol, Mayor Upon motion the documents were received, Attest: Jeanne Schneider, CMC, City Clerk filed and concurred. Book 139 Regular Session, July 20, 2009 247 RESOLUTION NO. 239-09 Citizen Communication: Communication RESCINDING RESOLUTION NO. 142-09 from Patricia Haas urging the City to adopt the AWARDING THE PUBLIC IMPROVEMENT Proposed Ordinance Section 5-2.1 regarding CONTRACT FOR THE EAGLE POINT WA- conditional uses for R-1 Dwellings, in particular TER PLANT CLEAR WELL RESERVOIR Accessory Dwelling Units. Upon motion the PHASE II REHABILITATION (PIPE COAT- document was received and filed. ING) PROJECT TO K & W COATING, LLC. U.S. Department of Housing and Urban Whereas, Resolution No. 142-09 awarded Development: Communication from the U.S. the public improvement contract to K & W Department of Housing and Urban Develop-Coating, LLC of Elkader, Iowa for the Eagle ment advising that the Homelessness Preven-Point Water Plant Clear Well Reservoir Phase tion and Rapid Re-Housing Program Substan-II Rehabilitation (Pipe Coating) Project; and tial Amendment to the City’s Consolidated Whereas, K & W Coating, LLC has failed to Plan 2008 Action Plan had been approved for meet and comply with the contract insurance funding. Upon motion the documents were requirements for this project. received and filed. Now therefore, be it resolved by the City Council of the City of Dubuque, Iowa: Iowa Great Places Grant: City Manager re-That Resolution No. 142-09 be and is he- commending approval of the submittal of the reby rescinded. th Iowa Great Places grant application for the Passed, approved and adopted this 20 following projects: Streetscape and Public day of July, 2009. Space Improvements in the Historic Millwork-Roy D. Buol, Mayor ing District; National Mississippi River Museum Attest: Jeanne F. Schneider, CMC, City Clerk and Aquarium Great River Center Phase II; RESOLUTION NO. 240-09 and Installation of Windows in the Carnegie- AWARDING THE PUBLIC IMPROVEMENT Stout Library Renovation. Upon motion the CONTRACT FOR THE EAGLE POINT WA- documents were received, filed, and approved. TER PLANT CLEAR WELL RESERVOIR PHASE II REHABILITATION (PIPE COAT- PEG Capital Grant Expenditure Request: ING) PROJECT TO SUPERIOR PAINTING & City Manager recommending approval of the EPOXY COATING, LLC Cable TV Tele-Programming Commission rec- ommendation for funding from the Public, Whereas, sealed proposals were submitted Educational, and Government (PEG) Capital by contractors for the Eagle Point Water Plant Grant for Access Equipment and Facilities for Clear Well Reservoir Phase II Rehabilitation up to $4,200 for a portable digital recorder for (Pipe Coating) Project (the Project) pursuant to recording of School Board meetings and other Resolution 116-09; and events. Upon motion the documents were re-Whereas, Resolution No. 142-09 awarded ceived, filed, and approved. the public improvement contract to K & W Coating, LLC of Elkader, Iowa for the Project; Eagle Point Water Plant West Clear Well and Phase II Pipe Coating Project: City Manager Whereas, K & W Coating, LLC failed to recommending that the original contract offer meet and comply with the contract insurance awarded to K & W Coating, LLC of Elkader, requirements for the Project; and Iowa in the amount of $35,000 for the Eagle Whereas, Resolution No. 142-09 has been Point Water Plant West Clear Well Phase II rescinded; and Pipe Coating Project be rescinded and a new Whereas, Superior Painting & Epoxy Coat- contract be awarded to the second low bidder, ing, LLC of Urbandale, Iowa with a bid in the Superior Painting & Epoxy Coating, LLC of amount of $36,125 is the next lowest respon- Urbandale, Iowa in the amount of $36,256. sive, responsible bidder for the Project. Upon motion the documents were received NOW THEREFORE, BE IT RESOLVED and filed and Resolution No. 239-09 Rescind-BY THE CITY COUNCIL OF THE CITY OF ing Resolution No. 142-09 Awarding the Public DUBUQUE, IOWA: Improvement Contract for the Eagle Point Wa-That a Public Improvement Contract for the ter Plant Clear Well Reservoir Phase II Reha-Project is hereby awarded to Superior Painting bilitation (Pipe Coating) Project to K & W Coat-& Epoxy Coating, LLC of Urbandale, Iowa and ing, LLC; and Resolution No. 240-09 Awarding the City Manager is hereby directed to execute the public improvement contract for the Eagle a Public Improvement Contract on behalf of Point Water Plant Clear Well Reservoir Phase the City of Dubuque for the Project. th II Rehabilitation (Pipe Coating) Project to Su-Passed, approved and adopted this 20 perior Painting & Epoxy Coating, LLC, were day of July, 2009. adopted. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 248 Regular Session, July 20, 2009 Book 139 Pennsylvania Avenue from IA 32 to Viza-Whereas, there has been filed with the City leea Drive Safety Improvements - Project, Clerk a Final Plat of Graf Farm Subdivision in Phase II: City Manager recommending award Dubuque County, Iowa; and of the public improvement contract for the Whereas, the Final Plat has been ex- Pennsylvania Avenue from IA 32 to Vizaleea amined by the Zoning Advisory Commission Drive Safety Improvements Project to McDer-and had its approval endorsed thereon; and mott Excavating in the amount of $310,221.51. Whereas, said Final Plat has been ex- Upon motion the documents were received amined by the City Council and they find that it and filed and Resolution No. 241-09 Awarding conforms to the statues and ordinances relat- public improvement contract for the Pennsyl-ing thereto; and vania Avenue from IA 32 to Vizaleea Drive Whereas, Resolution No. 362-08 approved Safety Improvements Project was adopted. the Final Plat of Graf Farm subdivision but included a lot where a mortgage release could RESOLUTION NO. 241-09 not be obtained and therefore should be res- AWARDING PUBLIC IMPROVEMENT CON- cinded. TRACT FOR THE PENNSYLVANIA AVENUE NOW, THEREFORE, BE IT RESOLVED FROM IA 32 TO VIZALEEA DRIVE SAFETY BY THE CITY COUNCIL OF THE CITY OF IMPROVEMENTS PROJECT, PHASE ii DUBUQUE, IOWA: Whereas, sealed proposals have been Section 1. That the City Council hereby submitted by contractors for the Pennsylvania waives Article IV, Design and Improvement Avenue from IA 32 to Vizaleea Drive Safety Standards of the Subdivision Regulations, Improvements Project, Phase II (the Project) except Section 42-19, Blocks and Lots. pursuant to Resolution No. 203-09 and Notice Section 2. That the Final Plat of Graf Farm to Bidders published in a newspaper published Subdivision is hereby approved and the Mayor th in the City of Dubuque, Iowa on the 19 and and City Clerk are hereby authorized and di- th 26 days of June, 2009. rected to endorse the approval of the City of Whereas, said sealed proposals were Dubuque, Iowa upon said Final Plat. th opened and read on the 16 day of July, 2009 Section 3. Resolution No. 362-08 is hereby and it has been determined that McDermott rescinded. th Excavating of City, State, with a bid in the Passed, approved and adopted this 20 amount of $310,221.51, is the lowest respon-day of July 2009. sive, responsible bidder for the Project. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Civil Service Commission: Civil Service That a Public Improvement Contract for the Commission submitting the certified list for the Project is hereby awarded to McDermott Ex-position of Fire Equipment Operator. Upon cavating, contingent upon the approval of the motion the documents were received and filed Iowa Department of Transportation, and the and made a Matter of Record. City Manager is hereby directed to execute a July 10, 2009 Public Improvement Contract on behalf of the Honorable Mayor and City of Dubuque for the Project. Members of the City Council th Passed, approved and adopted this 20 In accordance with Chapter 400 of the day of July, 2009. Code of Iowa, an examination for the position Roy D. Buol, Mayor of Fire Equipment Operator was conducted on Attest: Jeanne F. Schneider, CMC, City Clerk June 25, 2009. We hereby certify that the fol- lowing individuals have passed this written Final Plat – Graf Farm: City Manager re-examination and the vacancy for this position commending approval of the final plat of Graf should be made from this list and that this list Farm Subdivision in Dubuque County, Iowa. is good for two (2) years from above date. Upon motion the documents were received FIRE EQUIPMENT OPERATOR and filed and Resolution No. 242-09 Rescind- ing Resolution No. 362-08 and approving the Daniel D. Schuster final plat of Graf Farms in Dubuque County, David Beaves Iowa, was adopted. Joshua Knepper Nicholas A. Esch RESOLUTION NO. 242-09 Jason Link RESCINDING RESOLUTION NO. 362-08 Craig Enke AND APPROVING THE FINAL PLAT OF Jeffrey Powers GRAF FARM SUBDIVISION IN DUBUQUE Respectfully submitted, COUNTY, IOWA. James Schilling Dan White, Civil Service Commission Book 139 Regular Session, July 20, 2009 249 Community Development Block Grant Alcohol Compliance – Civil Penalty for Al- (CDBG) Fiscal Year 2010 Annual Action Plan cohol License Holders: City Manager recom- Amendment #1: City Manager recommending mending approval of the Acknowledge- approval of the first amendment to the Fiscal ment/Settlement Agreement for a first offense Year 2010 Annual Action Plan. Upon motion alcohol compliance violation for Lot One. Upon the documents were received and filed and motion the documents were received, filed, Resolution No. 243-09 Approving Amendment and approved. #1 to the Fiscal Year 2010 (Program Year 2009) Annual Action Plan for Community De-Delinquent Water, Sewer, Refuse and velopment Block Grant Funds was adopted. Storm Water Collection Accounts: City Man- ager recommending approval of the submis- RESOLUTION NO. 243-09 sion of delinquent water, sewer, refuse and APPROVING AMENDMENT 1 TO THE FIS- storm water collection accounts to the Dubu- CAL YEAR 2010 (PROGRAM YEAR 2009) que County Treasurer. Upon motion the doc- ANNUAL ACTION PLAN FOR COMMUNITY uments were received and filed and Resolution DEVELOPMENT BLOCK GRANT FUNDS. No. 244-09 Adopting the Schedule of Assess- Whereas, the City of Dubuque has pre-ments for delinquent water, refuse, sewer and pared and approved an Annual Plan for Fiscal storm water collection accounts and directing Year 2010 (Program Year 2009); and the Clerk to certify the schedule of assess- Whereas, the City now desires to amend ments to the County Treasurer and to publish said Fiscal Year 2010 Annual Plan to reflect notice thereof was adopted. the increased Fiscal Year 2010 CDBG alloca- RESOLUTION NO. 244-09 tion as per the attached Exhibit A; and ADOPTING THE SCHEDULE OF ASSESS- Whereas, said amendment is a substantial MENTS FOR DELINQUENT WATER, SEW- amendment as provided in the City's Citizen ER, REFUSE AND STORMWATER AC- Participation Plan and must therefore be ap- COUNTS AND DIRECTING THE CITY proved by resolution of the City Council after a CLERK TO CERTIFY THE SCHEDULE OF public hearing by the Community Develop- ASSESSMENTS TO THE COUNTY TREA- ment Advisory Commission; and SURER AND TO PUBLISH NOTICE THE- Whereas, the City held a public comment REOF period beginning June 3, 2009 with publication in the Telegraph Herald and on the City web-NOW, THEREFORE, BE IT RESOLVED site; and BY THE CITY COUNCIL OF THE CITY OF Whereas, the Community Development DUBUQUE, IOWA: Advisory Commission reviewed the proposed That after full consideration of the Sche- amendment on July 8, 2009 and voted to ap-dule of Assessments attached hereto for de- prove said amendment and to recommend linquent water, sewer, refuse, and stormwater approval by the City Council. accounts which Schedule of Assessments was NOW THEREFORE, BE IT RESOLVED filed in the office of the City Clerk on the 13th BY THE CITY COUNCIL OF THE CITY OF day of July, 2009, the said Schedule of As- DUBUQUE, IOWA: sessments be and the same is hereby ap- Section 1. That Amendment 1 to the Fiscal proved and adopted. Year 2010 (Program Year 2009) Annual Plan That there be, and is herby assessed and for the Community Development Block Grant levied as a lien upon the real property, the (CDBG) program hereto attached as Exhibits respective sums indicated. A and B is hereby approved. That the City Clerk be and is hereby di- Section 2. That the City Manager is hereby rected to certify said schedule to the County authorized and directed to submit a copy of Treasurer of Dubuque County, Iowa, and to this amendment and resolution to the U. S. publish notice of said certification once each Department of Housing and Urban Develop-week for two consecutive weeks in the manner ment. provided in Iowa Code § 362.3, the first publi- th Passed, approved and adopted this 20 cation of which shall be not more than fifteen day of July 2009. days from the date of filing of the final sche- Roy D Buol, Mayor dule. On or before the date of the second pub- Attest: Jeanne F. Schneider, City Clerk lication of the notice, the City Clerk shall also mail a copy of said notice to property owners 2009 Justice Assistance Grant (JAG): City whose property is subject to assessment, as Manager recommending acceptance of the provided and directed in Iowa Code § 384.60. 2009 Justice Assistance Grant (JAG) in the The assessments may be paid in full or in amount of $360,320. Upon motion the docu-part without interest at the Utility Billing Office, th ments were received, filed, and approved. City Hall, 50 W. 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 250 Regular Session, July 20, 2009 Book 139 Schedule of Assessments with the County 3rd St, 48.20, 5.00, 53.20; Da Vinci's LLC , Treasurer. After 30 days, unpaid assessments 00395 W 9th St, 2,173.22, 5.00, 2,178.22; are payable at the County Treasurer’s Office, Dana Kisting, 00702 Wilson St, 179.64, 5.00, Dubuque County Courthouse, 720 Central 184.64; Dana Kisting, 00716 Wilson St 1st, Avenue, Dubuque, Iowa, and charges shall be 133.91, 5.00, 138.91; Dana Kisting, 00716 collected in the same manner as general Wilson St 2nd, 149.42, 5.00, 154.42; Dana property taxes against the respective parcels Kisting, 00718 Wilson St 1st, 158.71, 5.00, of the property set opposite the name of the 163.71; Dana Kisting, 00718 Wilson St 2nd, property owner. 137.33, 5.00, 142.33; Dana Kisting, 00718 Passed, approved and adopted this 20th Wilson St 3rd, 146.46, 5.00, 151.46; Daniel F day of July 2009. Tuthill, 01238 Jackson St, 677.80, 5.00, Roy D. Buol, Mayor 682.80; Daniel J Pfeiffer, 00510 Angella St, Attest: Jeanne F. Schneider, CMC, City Clerk 295.93, 5.00, 300.93; David O Lochner, 00727 Hill St 1st, 119.67, 5.00, 124.67; David Ste- SCHEDULE OF ASSESSMENTS wart, 02560 Maryville Dr, 48.38, 5.00, 53.38; FOR DELINQUENT WATER, SEWER, Dennis I Kramer, 00430 Valeria St, 70.00, REFUSE AND STORMWATER ACCOUNTS 5.00, 75.00; Diane Berry, 00695 Roberts St, CUSTOMER NAME, SERVICE ADDRESS, 262.89, 5.00, 267.89; Don D Heim, 00596 Uni- ACCOUNT BALANCE, ADMIN FEE, BAL-versity Ave, 92.61, 5.00, 97.61; Eunice New- ANCE: man, 1433 Washington St, 385.93, 5.00, Agnes E Steines, 02444 W 32nd, 144.46, 390.93; Fontainebleu LC, 02495 Asbury Rd 5.00, 149.46; Albert M Davis, 00904 Rhom-Apt 1, 6.90, 5.00, 11.90; Fontainebleu LC, berg Ave, 91.92, 5.00, 96.92; Alpine Estates 02495 Asbury Rd Apt 4, 6.90, 5.00, 11.90; LC , 00861 Alpine St #3, 34.30, 5.00, 39.30; Fontainebleu LC, 2495 Asbury Rd Apt 2, Antonio G Conley, 01104 Riverview St, 112.20, 5.00, 117.20; Frank A Kalb, 00715 168.29, 5.00, 173.29; Auto & Truck Parts, Alta Vista St 2nd, 70.84, 5.00, 75.84; French 03000 Jackson St, 208.20, 5.00, 213.20; Market Estates LC, 01743 White St 1st, 8.03, Beaujolais Estates LC, 00224 S Grandview 5.00, 13.03; French Market Estates LC, 02409 Ave, 5.79, 5.00, 10.79; Becky Berntgen, 02854 Jackson St 1st, 54.99, 5.00, 59.99; French Pinard St, 171.47, 5.00, 176.47; Belle Estates Market Estates LC, 02411 Jackson St 2nd, LC, 01035 Grove Terrace 1st, 110.45, 5.00, 28.92, 5.00, 33.92; French Quarter Estates 115.45; Belliqueaux Estate LC, 03190 Keokuk LC, 00395 W 17th St 2nd, 88.95, 5.00, 93.95; Ct, 25.04, 5.00, 30.04; Belliqueaux Estates LC, French Quarter Estates LC, 00395 W 17th St 00737 Caledonia St, 9.08, 5.00, 14.08; Belli-3rd, 16.65, 5.00, 21.65; Garden District Es- queaux Estates LC, 00737 Caledonia St, tates, 00075 W 24th St #3, 8.79, 5.00, 13.79; 215.89, 5.00, 220.89; Belvedere Estates, Garden District Estates LC, 00075 W 24th St 00855 S Grandview Ave #2, 40.94, 5.00, #2, 2.00, 5.00, 7.00; Gary & Susan Bay, 01777 45.94; Belvedere Estates LC, 00855 S Grand-Washington St, 80.66, 5.00, 85.66; Gary & view Ave #1, 29.57, 5.00, 34.57; Big Easy Es-Susan Bay, 01815 Jackson St, 161.74, 5.00, tates LC, 00554 Angella St, 116.24, 5.00, 166.74; Gary Bernhard, 01100 Roosevelt St, 121.24; Bill Finn, 02010 Shelby St, 89.15, 138.01, 5.00, 143.01; Gary Bernhard, 01110 5.00, 94.15; Bm Properties LLC, 00765 Alpine Roosevelt St, 55.88, 5.00, 60.88; George E St #3, 223.18, 5.00, 228.18; Bm Properties Salser Jr, 00514 Angella St, 437.21, 5.00, LLC, 00765 Alpine St #4, 39.77, 5.00, 44.77; 442.21; Grand Estates LC, 00145 S Grand- Bon Vivant LC, 00453 Almond St 1st, 23.93, view Ave, 39.32, 5.00, 44.32; Greg B Cray, 5.00, 28.93; Bonvivant LC, 00505 Almond St 00745 Davis St, 226.23, 5.00, 231.23; Henkels 2nd, 2.90, 5.00, 7.90; Boulevard Estates LC, & Company Inc, 01812 Central Ave #3, 8.23, 01854 Delhi St 1st, 2.45, 5.00, 7.45; Bourbon 5.00, 13.23; High Country Estates LC, 01082 Street Estates LC, 00541 Almond St, 8.24, Wilson St 2nd, 12.80, 5.00, 17.80; Highlands 5.00, 13.24; Brian P Tedrow, 01876 Central Av Of Dubuque LC, 00663 W 11th St 2nd, 7.57, #202, 131.90, 5.00, 136.90; Brian P Tedrow, 5.00, 12.57; Highlands Of Dubuque LC, 00675 01876 Central Av #304, 78.77, 5.00, 83.77; W 11th St 1st, 11.02, 5.00, 16.02; Highlands Brian P Tedrow, 01876 Central Ave #303, Of Dubuque LLC, 01040 Wilson St, 20.52, 118.44, 5.00, 123.44; Brighton Estates LC, 5.00, 25.52; J Foht, 00723 Peru Rd, 138.00, 00930 Kirkwood St 1st, 3.78, 5.00, 8.78; Brigh-5.00, 143.00; Jackson Square Estates, 01698 ton Estates LC, 00930 Kirkwood St 2nd, 8.24, Jackson St #1, 5.60, 5.00, 10.60; Jackson 5.00, 13.24; Bristol Estates LC, 01740 Bristol Square Estates LC, 01430 Washington St, Dr, 20.96, 5.00, 25.96; Chris C Clark, 02411 4.01, 5.00, 9.01; Jacqueline R Krantz, 01040 Rhomberg Ave, 179.73, 5.00, 184.73; Cindy K Kelly Ln, 444.05, 5.00, 449.05; James A Bare- Merz, 01711 Old Mill Rd, 291.47, 5.00, 296.47; foot, 02320 Mineral St, 313.20, 5.00, 318.20; Citifinancial, Inc, 00328 N Booth St, 41.04, Jason Ferrel, 00235 Valeria St, 154.78, 5.00, 5.00, 46.04; Clara C Finger, 01955 Clarke Dr, 159.78; Jerry D Stokes, 01845 University Ave, 35.83, 5.00, 40.83; Corey E Bonner, 01815 W 663.70, 5.00, 668.70; Jerry L Gesie, 00321 Book 139 Regular Session, July 20, 2009 251 Valeria St, 34.07, 5.00, 39.07; Jesse Rans, 784.64, 5.00, 789.64; R&M Quality Invest- 02008 Foye St, 80.17, 5.00, 85.17; Jim Prine, ments LLC, 03192 Hughes Ct, 127.91, 5.00, 01040 Davis Ave, 148.62, 5.00, 153.62; Jona-132.91; Randy S Weber, 00535 S Grandview than J Slaght, 01486 W 3rd St, 654.07, 5.00, Av, 245.94, 5.00, 250.94; Raymond M Fuller, 659.07; Joseph E Healey, 01010 Wilson St, 02900 Central Av 1st, 87.10, 5.00, 92.10; 189.56, 5.00, 194.56; Judge Properties , Reed Ray And Rand LLC, 00925 Garfield Ave, 00492 W Locust St, 36.23, 5.00, 41.23; Judge 8.10, 5.00, 13.10; Richard R Howell, 01608 Properties LLC, 02140 Central Ave, 35.46, Washington St, 282.70, 5.00, 287.70; Rickey A 5.00, 40.46; Judge Real Estate LLC, 00490 W White, 00650 Harvard St, 244.61, 5.00, Locust St, 204.33, 5.00, 209.33; Judge Real 249.61; Ricky J Hurst, 03975 Inwood Av, Estate LLC, 01101 Race St #C, 20.33, 5.00, 128.49, 5.00, 133.49; Ron Rudiger, 00590 25.33; Julie A Lott, 00627 Arlington St, 42.33, Angella St, 147.73, 5.00, 152.73; Ronald J & 5.00, 47.33; Julie Leclere, 02491 Hempstead Wanda M Koenig, 02540 Elm St, 35.83, 5.00, St, 117.53, 5.00, 122.53; Katherine A Munson, 40.83; Ronald L Houselog, 00716 E 22nd St, 02904 Balke St, 71.74, 5.00, 76.74; Katie L 116.71, 5.00, 121.71; Scotlyn Properties, Berwanger, 02613 Glenview Cr, 168.31, 5.00, 00035 W 15th St 1st, 64.02, 5.00, 69.02; Scot- 173.31; Keith E Welsh, 01640 Ashton Pl, lyn Properties, 00037 W 15th St #1, 9.27, 5.00, 289.04, 5.00, 294.04; Kenneth E Keller, 02054 14.27; Scotlyn Properties, 00037 W 15th St Jackson St 2nd, 171.35, 5.00, 176.35; Kevin #3, 9.27, 5.00, 14.27; Scotlyn Properties, Terry, 1699 Washington St, 722.24, 5.00, 00037 W 15th St #4, 9.27, 5.00, 14.27; Scotlyn 727.24; Kirk L Anderson, 01790 Garfield Ave, Properties, 00037 W 15th St Apt 1, 31.23, 35.48, 5.00, 40.48; Kristy Monahan-Smith, 5.00, 36.23; Scott A Runde, 00035 W 15th St 02521 Stafford St, 35.12, 5.00, 40.12; Kyle G Apt 1, 37.06, 5.00, 42.06; Scott M Anthony, Fitzgerald, 00735 Rose St, 20.67, 5.00, 25.67; 01842 Central Av, 228.76, 5.00, 233.76; Scott Laura Baie, 01876 Washington St, 1,917.71, Neuwoehner, 00702 Caledonia St, 24.59, 5.00, 1,922.71; Laurie & David Vonah, 00707 5.00, 29.59; Staffordshire Estates LC, 02416 Lincoln Ave, 226.02, 5.00, 231.02; Linda I Stafford St 2nd, 2.45, 5.00, 7.45; Steve A Sa- Cole, 02005 Ogilby Rd, 214.58, 5.00, 219.58; razin, 01315 Finley St, 204.36, 5.00, 209.36; Main Street Development Co , 00100 Main St, Steven J & Polly T Kaiser, 03405 Jackson St, 525.29, 5.00, 530.29; Main Street Develop-313.34, 5.00, 318.34; Tammy S Tittle, 00921 ment, LLC , 00100 Main St, 62.39, 5.00, 67.39; Garfield Av, 153.78, 5.00, 158.78; Timothy K Marcel A Howard, 04914 Twilight Dr, 40.98, Manning, 01552 Locust St, 83.93, 5.00, 88.93; 5.00, 45.98; Mardi Gras Estates LC, 00209 E Tom E Connolly, 02900 Indiana Av, 94.45, 22nd St, 88.05, 5.00, 93.05; Mardi Gras Es-5.00, 99.45; Touche LC , 02216 Delmonaco tates LC, 00510 E 22nd St 1st, 436.01, 5.00, Dr, 179.53, 5.00, 184.53; Westridge Estates 441.01; Mardi Gras Estates LC, 02586 Central LC, 01715 Westridge Ct #2, 25.31, 5.00, Ave, 16.50, 5.00, 21.50; Mark A Boland, 00601 30.31; Westridge Estates LLC, 01715 We- Tanzanite Dr, 275.74, 5.00, 280.74; Mark Ste-stridge Ct #1, 14.67, 5.00, 19.67; Westridge vens, 01870 Lombard St, 134.01, 5.00, Estates LLC, 01715 Westridge Ct #3, 6.01, 139.01; Marshallese House Of Praise, 02155 5.00, 11.01; Westridge Estates LLC, 01715 Rockdale Rd, 289.59, 5.00, 294.59; Mary Ann Westridge Ct #3, 31.45, 5.00, 36.45; William J Bailes, 00877 Stone Ridge Pl, 35.81, 5.00, Gerber, 2734 Washington St, 273.10, 5.00, 40.81; Michael C Koehler, 00027 E 15th St, 278.10 33.24, 5.00, 38.24; Michael C Koehler, 00031 Totals: $24,299.11, $775.00, $25,074.11 E 15th St, 19.19, 5.00, 24.19; Michael C Koeh- ler, 00703 Hill St, 91.38, 5.00, 96.38; Michael J Port of Dubuque Riverfront Marina Project: Jones, 00835 Air Hill St, 327.33, 5.00, 332.33; Communication from Brian J. Kane, Michael J Schetgen, 03922 Inwood Av, representing Port of Dubuque Brewery Devel- 138.01, 5.00, 143.01; Michael Kane, 02222 opment, LLC, advising that his client strongly Washington St, 335.66, 5.00, 340.66; Michael prefers that the docks be constructed in front Knockel, 00617 Rhomberg Ave, 47.11, 5.00, of (or to the east of) the brewery building. 52.11; Michael P Kane, 02220 Washington St, City Manager’s response to Brian J. Kane. 11.34, 5.00, 16.34; Michelle Scott, 00607 W Upon motion the documents were received 8th St, 35.03, 5.00, 40.03; Mississippi Valley and filed. Plb & Htg, 02753 Central Av 1st, 94.99, 5.00, 99.99; Mullett Enterprises LC, 01439 Bluff St, Midwest High Speed Rail Association: City 24.76, 5.00, 29.76; Mullett Enterprises LC, Manager recommending that the City join the 01441 Bluff St, 33.53, 5.00, 38.53; New Cen-Midwest High Speed Rail Association tury Liquidating Trust, 00475 Valeria St, (MHSRA), a membership-based, non-profit 405.93, 5.00, 410.93; Nina K Nelson, 00520 organization advocating the development of Lincoln Ave, 169.45, 5.00, 174.45; Patrick & fast, frequent and dependable passenger Nancy Chew, 01555 J F Kennedy Rd, 108.00, trains, at the $500 patron level. Upon motion 5.00, 113.00; Paul Bauder, 02275 Central Ave, 252 Regular Session, July 20, 2009 Book 139 the documents were received, filed, and ap-5 RENEWALS proved. Awn Stop Mart, Awn Stop Mart, Inc., 1998 Jackson Street Liquor License Transfer: Request of the Dubuque Mining Co., Apartments, LTD Rotary Club to transfer their liquor license to Corp., 555 JFK Road the Alliant Energy Outdoor Amphitheater on Hammerheads Bar/Billiards, Hammer- August 29, 2009 for the Irish Hooley event. heads, Inc., 2095 Kerper Blvd. Upon motion the documents were received, Oky Doky #14, K-Chap Foods, Inc., 1050 filed, and approved. University Avenue Pioneer’s Rest Area, Pioneer’s Rest Area, Liquor / Tobacco Applications: City Man-LLP, 4900 Old Highway Road ager recommending approval of annual liquor Passed, approved and adopted this 20th license renewals as submitted. Upon motion day of July, 2009 the documents were received and filed and Roy D. Buol, Mayor Resolution No. 245-09 Granting the issuance Attest: Jeanne F. Schneider, CMC, City Clerk of one new license to sell cigarettes to C & M RESOLUTION NO. 247-09 Chains and Things; Resolution No. 246-09 Granting the issuance of five renewal licenses Whereas, applications for Beer Permits to sell cigarettes to Awn Stop Mart, Dubuque have been submitted and filed to this Council Mining Company, Hammerhead’s Bar, Oky for approval and the same have been ex- Doky #14 and Pioneer’s Rest Area; Resolution amined and approved: and No. 247-09 Granting the issuance of a Class Whereas, the premises to be occupied by “B” Beer Permit to Monkey Business Family such applicants were inspected and found to Fun; and a Class “C” Beer Permit to Road comply with the Ordinances of the City and Ranger #161, Road Ranger #160, Road Ran-have filed proper bonds. ger #159, Oky Doky #6, Kwik Stop Food Mart, NOW, THEREFORE, BE IT RESOLVED Oky Doky #14 and Kwik Star #495; and Reso-BY THE CITY COUNCIL OF THE CITY OF lution No. 248-09 Granting the issuance of a DUBUQUE, IOWA: Class “C” Beer/Liquor License to Walnut Tap; That the Manager be authorized to cause Special Class “C” Liquor License to Bell Tower to be issued the following named applicants a Productions; Class “B” Wine Permit to Basket Beer Permit. Expressions and Oky Doky #6; and a Class CLASS “B” BEER PERMIT “WBN” Native Wine Permit to Kwik Star #495 Monkey Business Family Fun, Monkey were adopted. Business +(Sunday/Outdoor Sale), 4292 Dodge Street RESOLUTION NO. 245-09 CLASS “C” BEER PERMIT NOW, THEREFORE, BE IT RESOLVED Road Ranger LLC, Road Ranger #161 BY THE CITY COUNCIL OF THE CITY OF +(Sunday Sale), 4110 Dodge Street DUBUQUE, IOWA: Road Ranger LLC, Road Ranger #160 That the following having complied with the +(Sunday Sale), 3270 Dodge Street provisions of law relating to the sale of Ciga-Road Ranger LLC, Road Ranger #159 rettes within the City of Dubuque, Iowa, be +(Sunday Sale), 2175 Central Avenue granted a permit to sell Cigarettes and Ciga-TFM Co., Oky Doky #6 +(Sunday Sale), rette Papers within said City. 1256 Iowa Street NEW Rainbo Oil Com., Kwik Stop Food C & M Chains and Things, Matthew Mart+(Sunday Sale), 2255 Kerper Blvd. Schrodt, 1770 Central Avenue K-Chap Food, Inc., Oky Doky #14 th Passed, approved and adopted this 20 +(Sunday Sale), 1050 University Avenue day of July, 2009 Kwik Trip, Inc., Kwik Star #495 +(Sunday Roy D. Buol, Mayor Sale), 2685 Dodge Street Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 20th day of July, 2009. RESOLUTION NO. 246-09 Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 248-09 DUBUQUE, IOWA: That the following having complied with the Whereas, applications for Liquor Licenses provisions of law relating to the sale of Ciga-have been submitted to this Council for ap- rettes within the City of Dubuque, Iowa, be proval and the same have been examined and granted a permit to sell Cigarettes and Ciga-approved; and rette Papers within said City. Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordin- Book 139 Regular Session, July 20, 2009 253 ances relevant thereto and they have filed Iowa, which Lease provides among other proper bonds. things for a term of twenty-five years; NOW, THEREFORE, BE IT RESOLVED AND WHEREAS, the City Council has ten- BY THE CITY COUNCIL OF THE CITY OF tatively determined that it would be in the best DUBUQUE, IOWA: interests of the City to enter into the Lease That the Manager be authorized to cause with School. to be issued the following named applicants a NOW, THEREFORE, BE IT RESOLVED Liquor License. BY THE CITY COUNCIL OF THE CITY OF CLASS “C” BEER/LIQUOR LICENSE DUBUQUE, IOWA: Craig Weiner, Walnut Tap Tavern Section 1. The City of Dubuque intends to +(Sunday Sale), 709 University Avenue dispose of its interest in the Property as de- SPECIAL CLASS “C” LIQUOR scribed in the Lease between City and School. Bell Tower Productions, Bell Tower Pro-Section 2. The City Clerk is hereby autho- ductions +(Sunday Sale), 2728 Asbury Road rized and directed to cause this Resolution and CLASS “B” WINE a notice to be published as prescribed by Iowa Mildred Dolter, Basket Expressions, 474 Code Section 364.7 of a public hearing on the Bluff Street City’s intent to dispose of the Property, to be TFM Co., Oky Doky #6, 1256 Iowa Street held on the 3rd day of August, 2009, at 6:30 Passed, approved and adopted this 20th o’clock p.m. at the Historic Federal Building, day of July, 2009 360 W. Sixth Street, Dubuque, Iowa. Roy D. Buol, Mayor Passed, approved and adopted this 20th Attest: Jeanne F. Schneider, CMC, City Clerk day of July, 2009. Roy D. Buol, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Attest: Jeanne F. Schneider, CMC, City Clerk Motion by Lynch to receive and file the Fire Station No. 4 – Door Replacement documents, adopt the resolutions, set the pub-Project: City Manager recommending initiation lic hearings as indicated, and direct the City of the public bidding process for the Fire Sta- Clerk to publish notice as prescribed by law. tion No. 4 – Door Replacement Project and Seconded by Braig. Motion carried 7-0. that a public hearing be set for August 3, 2009. Upon motion the documents were received Slattery Center Lease – Dubuque Montes-and filed and Resolution No. 250-09 Prelimi- sori School: City Manager recommending that nary approval of plans, specifications, form of a public hearing be set for August 3, 2009 to contract, and estimated cost; setting date of consider leasing the Slattery Center in Flora public hearing on plans, specifications, form of Park to Montessori School. Upon motion the contract, and estimated cost; and ordering the documents were received and filed and Reso-advertisement for bids for the Fire Station No. lution No. 249-09 Resolution of Intent to dis-4 – Door Replacement Project was adopted pose of real property by lease agreement with setting a public hearing for a meeting to com- Dubuque Montessori School was adopted set-mence at 6:30 p.m. on August 3, 2009 in the ting a public hearing for a meeting to com-Historic Federal Building. mence at 6:30 p.m. on August 3, 2009 in the RESOLUTION NO. 250-09 Historic Federal Building. FIRE STATION NO. 4 DOOR RESOLUTION NO. 249-09 MODIFICATIONS PROJECT PRELIMINARY APPROVAL OF PLANS, RESOLUTION OF INTENT TO DISPOSE OF SPECIFICATIONS, FORM OF CONTRACT, AN INTEREST IN REAL PROPERTY BY AND ESTIMATED COST; SETTING DATE LEASE WITH THE DUBUQUE MONTESSORI OF PUBLIC HEARING ON PLANS, SPECI- SCHOOL, INC. FICATIONS, FORM OF CONTRACT, AND WHEREAS, the City of Dubuque, Iowa ESTIMATED COST; AND ORDERING THE (City) is the owner of a part of the following ADVERTISEMENT FOR BIDS Lots: Lot 1-1-1-2 and Lot 1-2-1-2 of Mineral Lot NOW THEREFORE, BE IT RESOLVED 399A; Lot 1-1-1-1-1-2 and Lot 2-1-W1/2 Lot 4- BY THE CITY COUNCIL OF THE CITY OF 1-1-2 in J.P. Mettel’s Subdivision, all in the City DUBUQUE, IOWA: of Dubuque, Dubuque Co., Iowa (the Proper- The proposed plans, specifications, form of ty); contract and estimated cost for the Fire Station AND WHEREAS, the Dubuque Montessori No. 4 Door Modifications Project, in the esti- School, Inc. (School), desires to lease the mated amount $81,250, are hereby prelimina- Property to operate a Preschool upon the rily approved and ordered filed in the office of terms set forth in a Lease now on file in the the City Clerk for public inspection. Office of the City Clerk at City Hall, Dubuque, rd A public hearing will be held on the 3 day of August, 2009, at 6:30 p.m. in the Historic 254 Regular Session, July 20, 2009 Book 139 RESOLUTION NO. 251-09 Federal Building Council Chambers at which 1695 GARFIELD AVENUE RETAINING time interested persons may appear and be WALL REPAIR PROJECT heard for or against the proposed plans and PRELIMINARY APPROVAL OF PLANS, specifications, form of contract and estimated SPECIFICATIONS, FORM OF CONTRACT, cost of said Project, and the City Clerk be and AND ESTIMATED COST; SETTING DATE is hereby directed to cause the attached notice OF PUBLIC HEARING ON PLANS, SPECI- of the time and place of such hearing to be FICATIONS, FORM OF CONTRACT, AND published in a newspaper having general cir- ESTIMATED COST; AND ORDERING THE culation in the City of Dubuque, Iowa, which ADVERTISEMENT FOR BIDS notice shall be published not less than four days nor more than twenty days prior to the NOW THEREFORE, BE IT RESOLVED date of such hearing. At the hearing, any inter-BY THE CITY COUNCIL OF THE CITY OF ested person may appear and file objections to DUBUQUE, IOWA: the proposed plans, specifications, form of The proposed plans, specifications, form of contract, or estimated cost of the Project. contract and estimated cost for the 1695 Gar- The Fire Station No. 4 Door Modifications field Avenue Retaining Wall Repair Project, in Project is hereby ordered to be advertised for the estimated amount $125,637.00, are hereby bids for construction. preliminarily approved and ordered filed in the The amount of the security to accompany office of the City Clerk for public inspection. rd each bid shall be in an amount which shall A public hearing will be held on the 3 day conform to the provisions of the Notice to Bid-of August, 2009, at 6:30 p.m. in the Historic ders hereby approved. Federal Building Council Chambers at which The City Clerk is hereby directed to adver-time interested persons may appear and be tise for bids for the construction of the im-heard for or against the proposed plans and provements herein provided, by publishing the specifications, form of contract and estimated attached Notice to Bidders to be published in a cost of said Project, and the City Clerk be and newspaper having general circulation in the is hereby directed to cause the attached notice City of Dubuque, Iowa, which notice shall be of the time and place of such hearing to be published not less than four but not more than published in a newspaper having general cir- forty-five days before the date for filing bids culation in the City of Dubuque, Iowa, which th before 2:00 p.m. on the 4 day of August, notice shall be published not less than four 2009. Bids shall be opened and read by the days nor more than twenty days prior to the City Clerk at time and will be submitted to the date of such hearing. At the hearing, any inter- City Council for final action at 6:30 p.m. on the ested person may appear and file objections to th 17 day of August, 2009, in the Historic Fed-the proposed plans, specifications, form of eral Building Council Chambers (second floor), contract, or estimated cost of the Project. th 350 West 6 Street, Dubuque, Iowa. The 1695 Garfield Avenue Retaining Wall th Passed, adopted and approved this 20 Repair Project is hereby ordered to be adver- day of July, 2009. tised for bids for construction. Roy D. Buol, Mayor The amount of the security to accompany Attest: Jeanne F. Schneider, CMC, City Clerk each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- Garfield Retaining Wall Repair Project: City ders hereby approved. Manager recommending initiation of the public The City Clerk is hereby directed to adver- bidding process for the Garfield Retaining Wall tise for bids for the construction of the im- Repair Project and that a public hearing be set provements herein provided, by publishing the for August 3, 2009. Upon motion the docu-attached Notice to Bidders to be published in a ments were received and filed and Resolution newspaper having general circulation in the No. 251-09 Preliminary approval of plans, spe-City of Dubuque, Iowa, which notice shall be cifications, form of contract, and estimated published not less than four but not more than cost; setting date of public hearing on plans, forty-five days before the date for filing bids th specifications, form of contract, and estimated before 2:00 p.m. on the 6 day of August, cost; and ordering the advertisement for bids 2009. Bids shall be opened and read by the for the Garfield Retaining Wall Repair Project City Clerk at said time and will be submitted to was adopted setting a public hearing for a the City Council for final action at 6:30 p.m. on th meeting to commence at 6:30 p.m. on August the 17 day of August, 2009, in the Historic 3, 2009 in the Historic Federal Building. Federal Building Council Chambers (second th floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 20 day of July, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, July 20, 2009 255 Historic Shot Tower Rehabilitation Project: attached Notice to Bidders to be published in a City Manager recommending initiation of the newspaper having general circulation in the public bidding process for the Historic Shot City of Dubuque, Iowa, which notice shall be Tower Rehabilitation Project and that a public published not less than four but not more than hearing be set for August 3, 2009. Upon mo-forty-five days before the date for filing bids th tion the documents were received and filed before 2:00 p.m. on the 11 day of August, and Resolution No. 252-09 Preliminary ap-2009. Bids shall be opened and read by the proval of plans, specifications, form of con-City Clerk at said time and will be submitted to tract, and estimated cost; setting date of public the City Council for final action at 6:30 p.m. on th hearing on plans, specifications, form of con-the 17 day of August, 2009, in the Historic tract, and estimated cost; and ordering the Federal Building Council Chambers (second th advertisement for bids for the Historic Shot floor), 350 West 6 Street, Dubuque, Iowa. th Tower Rehabilitation Project was adopted set-Passed, adopted and approved this 20 ting a public hearing for a meeting to com-day of July, 2009. mence at 6:30 p.m. on August 3, 2009 in the Roy D. Buol, Mayor Historic Federal Building. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 252-09 Storm Water Utility Revenue Capital Loan HISTORIC SHOT TOWER REHABILITATION Notes: City Manager recommending that a PROJECT – PHASE I public hearing be set for September 8, 2009 to PRELIMINARY APPROVAL OF PLANS, consider the issuance of not to exceed SPECIFICATIONS, FORM OF CONTRACT, $1,000,000 Storm Water Utility Revenue Capi- AND ESTIMATED COST; SETTING DATE tal Loan Notes. Upon motion the documents OF PUBLIC HEARING ON PLANS, SPECI- were received and filed and Resolution No. FICATIONS, FORM OF CONTRACT, AND 253-09 Fixing date for a meeting on the autho- ESTIMATED COST; AND ORDERING THE rization of a Loan and Disbursement Agree- ADVERTISEMENT FOR BIDS ment and the issuance of not to exceed NOW THEREFORE, BE IT RESOLVED $1,000,000 Storm Water Utility Revenue Capi- BY THE CITY COUNCIL OF THE CITY OF tal Loan Notes of Dubuque, Iowa and directing DUBUQUE, IOWA: publication of notice thereof was adopted set- The proposed plans, specifications, form of ting a public hearing for a meeting to com- contract and estimated cost for the Historic mence at 6:30 p.m. on September 8, 2009 in Shot Tower Rehabilitation Project – Phase I, in the Historic Federal Building. the estimated amount $769,670 are hereby RESOLUTION NO. 253-09 preliminarily approved and ordered filed in the RESOLUTION FIXING DATE FOR A MEET- office of the City Clerk for public inspection. rd ING ON THE AUTHORIZATION OF A LOAN A public hearing will be held on the 3 day AND DISBURSEMENT AGREEMENT AND of August, 2009, at 6:30 p.m. in the Historic THE ISSUANCE OF NOT TO EXCEED Federal Building Council Chambers at which $1,000,000 STORM WATER UTILITY REVE- time interested persons may appear and be NUE CAPITAL LOAN NOTES OF DUBU- heard for or against the proposed plans and QUE, IOWA, AND DIRECTING PUBLICA- specifications, form of contract and estimated TION OF NOTICE THEREOF cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice WHEREAS, it is deemed necessary and of the time and place of such hearing to be advisable that the City of Dubuque, Iowa published in a newspaper having general cir-should provide for the authorization of a Loan culation in the City of Dubuque, Iowa, which and Disbursement Agreement and the is- notice shall be published not less than four suance of Storm Water Utility Revenue Capital days nor more than twenty days prior to the Loan Notes, in the amount of not to exceed date of such hearing. At the hearing, any inter-$1,000,000, as authorized by Sections ested person may appear and file objections to 384.24A and 384.84A, Code of Iowa, as the proposed plans, specifications, form of amended, for the purpose of providing funds to contract, or estimated cost of the Project. pay costs as hereinafter described; and The Historic Shot Tower Rehabilitation WHEREAS, the City has applied for a loan Project – Phase I is hereby ordered to be ad-through the Iowa Water Pollution Control vertised for bids for construction. Works Financing Program pursuant to which The amount of the security to accompany the Iowa Finance Authority has agreed to pur- each bid shall be in an amount which shall chase the City's Notes and has requested that conform to the provisions of the Notice to Bid-such Notes be issued as a single Note in a ders hereby approved. denomination equal to the total amount of the The City Clerk is hereby directed to adver-issue as authorized by Chapter 384 of the City tise for bids for the construction of the im-Code of Iowa; and provements herein provided, by publishing the 256 Regular Session, July 20, 2009 Book 139 BOARDS/COMMISSIONS WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the net earnings of the Storm Applicants were invited to address the City Water Management Utility System and shall be Council regarding their desire to serve on the a first lien on the future net earnings of the following Boards/Commissions: Utility; and shall not be general obligations of Civil Service Commission: One 4-year term the City or payable in any manner by taxation through April 6, 2012 (Term of Krueger). Appli- and the City shall be in no manner liable by cants: Tom Rawson, 2310 Knob Hill Drive; reason of the failure of the net revenues to be John Stevens, 2215 Graham Circle; Elizabeth sufficient for the payment of the Loan and Dis-Takes, 1245 Dunleith Court. Mr. Rawson and bursement Agreement and Note; and Ms. Takes spoke in support of their appoint- WHEREAS, before a Loan and Disburse-ment. ment Agreement may be authorized and Storm Transit Board of Trustees: One 3-year term Water Utility Revenue Capital Loan Notes is-through July 30, 2012 (Term of Stedman). sued to evidence the obligation of the City Applicants: Thomas Croissant, 444 Angella there under, it is necessary to comply with the Street, #8; Matthew Esser, 90 Main Street, provisions of the City Code of Iowa, as #201. amended, and to publish a notice of the pro-Appointments to the following posal and of the time and place of the meeting Boards/Commissions: at which the Council proposes to take action Building Code Board of Appeals: Two 3- for the authorization of the Loan and Dis-year terms through August 1, 2012 (Terms of bursement Agreement and Note and to receive Carr and Luchsinger) At-large and General oral and/or written objections from any resident Contractor requirements. Applicants: Richard or property owner of the City to such action. Luchsinger, 2875 Brueck Road (At-Large NOW, THEREFORE, BE IT RESOLVED Reappointment); Chuck Carr, 1705 Kathy BY THE CITY COUNCIL OF THE CITY OF Drive (General Contractor Reappointment). DUBUQUE, IOWA: Motion by Braig to appoint Richard Luchsinger Section 1. That this Council meet in the and Chuck Carr to the Building Code Board of Historic Federal Building, 350 West 6th Street, Appeals for 3-year terms through August 1, Dubuque, Iowa, at 6:30 o'clock PM., on the 8th 2012, for the At-Large and General Contractor day of September, 2009, for the purpose of requirements respectively. Seconded by Con- taking action on the matter of the authorization nors. Motion carried 7-0. of a Loan and Disbursement Agreement and Library Board of Trustees: Three 4-year the issuance of not to exceed $1,000,000 terms referenced with expiration dates contin- Storm Water Utility Revenue Capital Loan gent upon the recently adopted ordinance Notes to evidence the obligations of the City which re-staggers terms: 2 terms through July there under, the proceeds of which will be 1, 2010; and 1 term through July 1, 2013 used to provide funds to pay the costs of ac-(Terms of Guns, Kolz, and Willis). Applicants: quisition, construction, reconstruction, extend-Diann Guns, 1715 Diane Court (Seeking reap- ing, remodeling, improving, repairing and pointment through July 1, 2010); Beverly Kolz, equipping all or part of the Storm Water Man-2206 Simpson Street (Seeking reappointment agement Utility System, including those costs through July 1, 2010); Gail Murphy, 3096 Oak associated with the North Fork Catfish Creek View Court (First-time applicant); Lorri Regan, Storm Sewer Improvements. 2659 Queen Street (First-time applicant); Mike th Section 2. That the Clerk cause publication Willis, 1365 West 5 Street (Seeking reap- to be made of a notice of said meeting, in a pointment through July 1, 2013). Upon Council legal newspaper, printed wholly in the English concurrence, Mayor Buol appointed Diann language, published at least once weekly, and Guns and Beverly Kolz to newly staggered, 4- having general circulation in said City, said year terms through July 1, 2010, and Mike publication not less than thirty (30) clear days Willis to a 4-year term through July 1, 2013. before the date of said public meeting on the issuance of the Note. Upon motion the rules were suspended al- Section 3. The notice of the proposed ac-lowing anyone present to address the City tion shall be in substantially the [provided] Council. form. PUBLIC HEARINGS Passed and approved this 20th day of July, 2009. Roy D. Buol, Mayor Request to Rezone – University Avenue Attest: Jeanne F. Schneider, CMC, City Clerk between Ethel and Prysi Streets: Proof of pub- lication on notice of public hearing to consider a request from Tom Kluck to rezone property located north of the University Avenue and Ethel Street intersection from OR Office Resi- Book 139 Regular Session, July 20, 2009 257 dential District to PUD Planned Unit Develop-10. Principal permitted uses shall be li- ment District with a PR Planned Residential mited to 48 housing dwelling units. District designation and adopting a conceptual 11. No secondary or contingency uses development plan and Zoning Advisory Com-shall be permitted. mission recommending approval. Motion by 12. Accessory uses shall include any use Jones to receive and file the documents and customarily incidental and subordinate to the that the requirement that a proposed ordin-principal use it serves. ance be considered and voted on for passage B. Lot and Bulk Regulations. at two Council meetings prior to the meeting at Development of land in the PR Planned which it is to be passed be suspended. Residential District shall be regulated as fol- Seconded by Lynch. Motion carried 7-0. Plan-lows: ning Services Manager Laura Carstens pro-1. Proposed buildings shall be located in vided a staff report. substantial conformance with the approved Motion by Jones for final consideration and conceptual development plan. passage of Ordinance No. 36-09 Amending 2. Building #1 must be set back a mini- Appendix A (The Zoning Ordinance) of the City mum of 80 feet from the east side property line of Dubuque Code of Ordinances by reclassify-and 30 feet from the west side property line. ing hereinafter described property located 3. Maximum building height of 50 feet north of the University Avenue and Ethel shall be allowed as measured from the first Street intersection from OR Office Residential floor elevation to mid point of the peak of the District to PUD Planned Unit Development roof. District with a PR Planned Residential District C. Performance Standards designation and adopting a conceptual devel-The development and maintenance of opment plan. Seconded by Braig. Motion car-uses in this PR Planned Residential District ried 7-0. shall be regulated as follows: 19. Parking Regulations OFFICIAL PUBLICATION a. Off-street parking shall be provided ORDINANCE NO. 36-09 based on the approved conceptual plan with AMENDING APPENDIX A (THE ZONING 32 spaces provided on surface lots and 56 ORDINANCE) OF THE CITY OF DUBUQUE spaces in underground parking. CODE OF ORDINANCES BY RECLASSIFY- b. All vehicle-related features shall be ING HEREINAFTER DESCRIBED PROPER- surfaced with either asphalt or concrete. TY LOCATED NORTH OF THE UNIVERSITY c. Curbing and proper surface drainage AVENUE AND ETHEL STREET INTERSEC- of storm water shall be provided. TION FROM OR OFFICE RESIDENTIAL d. All parking and loading spaces shall DISTRICT TO PUD PLANNED UNIT DEVEL- be delineated on the surfacing material by OPMENT DISTRICT WITH A PR PLANNED painted stripes or other permanent means. RESIDENTIAL DISTRICT DESIGNATION, e. The number, size and design of park- AND ADOPTING A CONCEPTUAL DEVEL- ing spaces shall be governed by applicable OPMENT PLAN. provisions of City of Dubuque Ordinances en- NOW, THEREFORE, BE IT ORDAINED forced at the time of development of the lot. BY THE CITY COUNCIL OF THE CITY OF f. The number, size, design, and loca- DUBUQUE, IOWA: tion of parking spaces designated for persons Section 1. That Appendix A (The Zoning with disabilities shall be according to the local, Ordinance) of the City of Dubuque Code of state, or federal requirements in effect at the Ordinances is hereby amended by reclassify-time of development. ing the hereinafter-described property from OR 20. Site Lighting Office Residential District to PUD Planned Unit a. Exterior illumination of site features Development District with a PR Planned Resi-shall be limited to the illumination of the follow- dential District designation, and adopting a ing: conceptual development plan, a copy of which i. Parking areas, driveways and loading is attached to and made a part hereof, is here-facilities. by adopted and approved for the following ii. Pedestrian walkway surfaces and en- described property, to wit: Lot 28 and Lot 29 trances to building. Lenox Addition and Lot 1 of 1 of 2 Bonson iii. Building exterior. Farm, and to the centerline of the adjoining b. Location and Design public right-of-way, all in the City of Dubuque, i. No light source shall provide illumina- Iowa. tion onto adjacent lots, buildings or streets in A. Use Regulations. excess of 1.0 foot candle. The following regulations shall apply to all ii. All exterior lighting luminaries shall be uses made of land in the above-described PR designed and installed to shield light from the Planned Residential District: luminaries at angles above 72-degrees from vertical. 258 Regular Session, July 20, 2009 Book 139 iii. Fixtures mounted on a building shall 24. Final site development plans shall be not be positioned higher than the roofline of submitted in accordance with Section 4-4 of the building. the Zoning Ordinance prior to construction of iv. All electrical service lines to posts any buildings. and fixtures shall be underground and con-D. Open Space and Recreation Areas cealed inside the posts. Open space and landscaping in the PR 21. Landscaping Planned Residential District shall be regulated a. Plant Materials. The open space of as follows. Those areas not designated on the each lot shall be planted with permanent lawn conceptual development plan shall be main- and ground covers, shrubs and trees. It is the tained as open space, as defined by Section 8 intent of these regulations that the develop-of the Zoning Ordinance of the City of Dubu- ment of required open spaces shall reflect a que, Iowa, by the property owner and/or asso- high quality of environmental design. The fol-ciation. lowing provisions shall apply. E. Sign Regulations i. Landscape plans are required as part 7. Signs in the Planned Residential Dis- of submittals for site plan review. Landscape trict shall be regulated in accordance with the plans are to include type, number and size of R-4 Multi-Family Residential Zoning District proposed plantings. Landscaping shall be de-sign regulations of the Zoning Ordinance. signed in compliance with Section 4-4 of the 8. Variance requests from sign require- Zoning Ordinance. ments for size, number and height shall be ii. Within one (1) year following comple-reviewed by the Zoning Board of Adjustment in tion of construction, or by the date that a build-accordance with Section 5-3 of the Zoning ing is issued an occupancy certificate by the Ordinance. Building Services Department of the City of F. Other Codes and Regulations Dubuque, whichever first occurs, required 10. Service Lines. All electric, telephone, landscaping shall be installed. cable, or other similar utility lines serving the 22. Storm Water Conveyance building and other site features shall be lo- The developer shall be responsible for cated underground. providing surface or subsurface conveyance(s) 11. The use of semi-trailers and shipping of storm water from the lot to existing storm containers for storage is prohibited. sewers or to flow line of open drainageways 12. These regulations do not relieve the outside the lot in a means that is satisfactory to owner from other applicable city, county, state the City of Dubuque. Other applicable regula-or federal codes, regulations, laws and other tions enforced by the City of Dubuque relative controls relative to the planning, construction, to storm water management and drainage operation and management of property within shall apply to the subject property. the city of Dubuque. 23. Exterior Trash Collection Areas G. Transfer of Ownership a. The storage of trash and debris shall Transfer of ownership or lease of property be limited to that produced by the principal in this PR Planned Residential District shall permitted use and accessory uses of the lot. include the transfer or lease agreement a pro- b. All exterior trash collection areas and vision that the purchaser or lessee acknowl- the materials contained therein shall be visual-edges awareness of the conditions authorizing ly screened from view. The screening shall be the establishment of the district. completely opaque fence, wall or other feature H. Occupancy Permits not exceeding a height of 10 feet measured No occupancy permit shall be issued by from the ground level outside the line of the the City of Dubuque for property included in screen. Screens built on sloping grades shall the subject planned unit development district be stepped so that their top line shall be hori-until full compliance with this ordinance has zontal. Exposed materials used to construct been achieved. the opaque screen shall be similar in appear-I. Recording ance to materials used for exterior building A copy of this Ordinance shall be record- walls. All exterior entrances to a screened ed at the expense of the property owner(s) trash area shall be provided with a gate or with the Dubuque county recorder as a per- door of similar design to that of the screen. manent record of the conditions accepted as If a 10-foot high screen fails to shield the part of this reclassification approval. This or- exterior trash collection area from view from dinance shall be binding upon the undersigned points inside or outside of the property, ever-and his/her heirs, successors and assigns. green plantings may be required in addition to Section 2. The foregoing amendment has the screening. Evergreen plant materials shall heretofore been reviewed by the Zoning Advi- be selected and designed so that they will sory Commission of the City of Dubuque, screen the area from all off-site visibility within Iowa. five (5) years. Book 139 Regular Session, July 20, 2009 259 Section 3. The foregoing amendment shall issuance to the Iowa Finance Authority in the take effect upon publication, as provided by manner required by law of not to exceed law. $8,000,000 Water Revenue Capital Loan th Passed, approved and adopted this 20 Notes for the foregoing purpose. day of July, 2009. Section 2. That the City Clerk, with the as- /s/Roy D. Buol, Mayor sistance of the City Attorney and bond coun- Attest: sel, is hereby authorized and directed to pro- /s/Jeanne F. Schneider, CMC, City Clerk ceed with the preparation of such documents Published officially in the Telegraph Herald and proceedings as shall be necessary to au- th Newspaper the 24 day of July, 2009. thorize the City's participation in the DWSRF /s/Jeanne F. Schneider, CMC, City Clerk Loan Program, to select a suitable date for final Council authorization of the required Loan Water Revenue Capital Loan Notes: Proof and Disbursement Agreement and issuance of of publication on notice of public hearing to the Note to evidence the City's obligations consider the issuance of not to exceed there under, and to take such other actions as $8,000,000 Water Revenue Capital Loan the Clerk shall deem necessary to permit the Notes and City Manager recommending ap-completion of a loan on a basis favorable to proval. Motion by Connors to receive and file the City and acceptable to this Council. the documents and adopt Resolution No. 254-Section 3. This Resolution shall serve as a 09 Instituting proceedings to take additional declaration of official intent under Treasury action for the authorization of a loan and dis-Regulation 1.150-2 and shall be maintained on bursement agreement and the issuance of not file as a public record of such intent. It is rea- to exceed $8,000,000 Water Revenue Capital sonably expected that water fund moneys may Loan Notes. Seconded by Lynch. Motion car-be advanced from time to time for capital ex- ried 7-0. penditures which are to be paid from the proceeds of the above Loan and Disbursement RESOLUTION NO. 254-09 Agreement. The amounts so advanced shall INSTITUTING PROCEEDINGS TO TAKE be reimbursed from the proceeds of the Loan ADDITIONAL ACTION FOR THE AUTHORI- and Disbursement Agreement not later than ZATION OF A LOAN AND DISBURSEMENT eighteen months after the initial payment of the AGREEMENT AND THE ISSUANCE OF NOT capital expenditures or eighteen months after TO EXCEED $8,000,000 WATER REVENUE the property is placed in service. Such ad- CAPITAL LOAN NOTES vancements shall not exceed the loan amount WHEREAS, pursuant to notice published authorized in this Resolution unless the same as required by law, this Council has held a are for preliminary expenditures or unless public meeting and hearing upon the proposal another declaration of intention is adopted. to institute proceedings for the authorization of Passed and approved this 20th day of July, a Loan and Disbursement Agreement by and 2009. between the City and the Iowa Finance Au-Roy D. Buol, Mayor thority, and the issuance to the Iowa Finance Attest: Jeanne F. Schneider, CMC, City Clerk Authority of not to exceed $8,000,000 Water Revenue Capital Loan Notes to evidence the Iowa 32 Hike / Bike Trail Phase 2 Project: obligations of the City under said Loan and Proof of publication on notice of public hearing Disbursement Agreement, for the purpose of to consider the plans, specifications, form of paying costs of acquisition, construction, re-contract, and estimated cost for the Iowa 32 construction, extending, remodeling, improv-Hike / Bike Trail Phase 2 Project and City ing, repairing and equipping all or part of the Manager recommending approval. Motion by Municipal Water Utility, including those costs Lynch to receive and file the documents and associated with the acquisition and installation adopt Resolution No. 255-09 Approving plans, of a fixed radio network water meter system, specifications, form of contract, and estimated and has considered the extent of objections cost for the Iowa 32 Hike / Bike Trail Phase 2 received from residents or property owners as Project. Seconded by Braig. Motion carried 7-0. to said proposal and, accordingly the following RESOLUTION NO. 255-09 action is now considered to be in the best in- APPROVAL OF PLANS, SPECIFICATIONS, terests of the City and residents thereof: FORM OF CONTRACT, AND ESTIMATED NOW, THEREFORE, BE IT RESOLVED COST FOR THE IOWA 32 HIKE/BIKE TRAIL, BY THE CITY COUNCIL OF THE CITY OF PHASE 2 PROJECT DUBUQUE, IOWA: Section 1. That this Council does hereby NOW THEREFORE, BE IT RESOLVED institute proceedings and takes additional ac-BY THE CITY COUNCIL OF THE CITY OF tion for the authorization of a Loan and Dis-DUBUQUE, IOWA: bursement Agreement by and between the That the proposed plans, specifications, City and the Iowa Finance Authority, and the form of contract and estimated cost for the 260 Regular Session, July 20, 2009 Book 139 Iowa 32 Hike/Bike Trail, Phase 2 Project, in Passed, approved and adopted this 20th the estimated amount of $180,942, are hereby day of July, 2009. approved. Roy D. Buol, Mayor Passed, approved and adopted this 20th Attest: Jeanne F. Schneider, City Clerk day of July, 2009. thth Roy D. Buol, Mayor Locust Street Resurfacing – 9 to 17 Attest: Jeanne F. Schneider, City Clerk Streets Project: Proof of publication on notice of public hearing to consider the plans, specifi- Trail Project at Bergfeld Recreation Area: cations, form of contract and estimated cost for thth Proof of publication on notice of public hearing the Locust Street Resurfacing – 9 to 17 to consider the plans, specifications, form of Streets Project and City Manager recommend- contract and estimated cost for the Trail ing approval. Motion by Lynch to receive and Project at Bergfeld Recreation Area and City file the documents and adopt Resolution No. Manager recommending approval. Motion by 258-09 Approval of plans, specifications, form Lynch to receive and file the documents and of contract, and estimated cost for the locust th adopt Resolution No. 256-09 Approving plans, street asphalt resurfacing project (9 Street to th specifications, form of contract, and estimated 17 Street), Iowa DOT Project No. STP-U- cost for the Trail Project at Bergfeld Recreation 2100 (641)--70-31. Seconded by Braig. Motion Area. Seconded by Connors. Motion carried 7-0. carried 7-0. RESOLUTION NO. 256-09 RESOLUTION NO. 258-09 APPROVAL OF PLANS, SPECIFICATIONS, APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED FORM OF CONTRACT, AND ESTIMATED COST FOR THE TRAIL AT BERGFELD COST FOR THE LOCUST STREET AS- TH RECREATION AREA PROJECTPHALT RESURFACING PROJECT (9 TH STREET TO 17 STREET), IOWA DOT NOW THEREFORE, BE IT RESOLVED PROJECT NO. STP-U-2100 (641)--70-31 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED That the proposed plans, specifications, BY THE CITY COUNCIL OF THE CITY OF form of contract and estimated cost for the DUBUQUE, IOWA: Trail at Bergfeld Recreation Area Project, in That the proposed plans, specifications, the estimated amount of $585,062, are hereby form of contract and estimated cost for the th approved. Locust Street Asphalt Resurfacing Project (9 th Passed, approved and adopted this 20th Street to 17 Street), Iowa DOT Project No. day of July, 2009. STP-U-2100 (641)--70-31, in the estimated Roy D. Buol, Mayor amount $714,600.25 are hereby approved. th Attest: Jeanne F. Schneider, City Clerk Passed, adopted and approved this 20 day of July, 2009. E.B. Lyons Nature Center Addition Project: Roy D. Buol, Mayor Proof of publication on notice of public hearing Attest: Jeanne F. Schneider, CMC, City Clerk to consider the plans, specifications, form of contract and estimated cost for the E.B. Lyons Upon motion the rules were reinstated li- Nature Center Addition Project and City Man-miting discussion to the City Council. ager recommending approval. Motion by ACTION ITEMS Jones to receive and file the documents and adopt Resolution No. 257-09 Approving plans, specifications, form of contract, and estimated cost Request to Address the City Council – for the E.B. Lyons Nature Center Addition Project. Open Meetings: Request of June E. Strueber Seconded by Voetberg. Motion carried 7-0. to address the City Council regarding the open meetings law. June Strueber, 2086 Katrina RESOLUTION NO. 257-09 Circle, addressed the City Council regarding APPROVAL OF PLANS, SPECIFICATIONS, what she believed to be violations of the Open FORM OF CONTRACT, AND ESTIMATED Meetings Law on the part of her Home Owners COST FOR THE E.B. LYONS NATURE Association Board. Ms. Strueber was informed CENTER EXPANSION PROJECT that the City Council has no jurisdiction over NOW THEREFORE, BE IT RESOLVED this association and that the Open Meetings BY THE CITY COUNCIL OF THE CITY OF Law applies only to governmental bodies. Mo- DUBUQUE, IOWA: tion by Connors to receive and file the docu- That the proposed plans, specifications, ments. Seconded by Braig. Motion carried 7-0. form of contract and estimated cost for the E.B. Lyons Nature Center Expansion Project, Request to Address the City Council – Dog in the estimated amount of $1,231,028, are Park: Request of Toni Kretschmer to address hereby approved. the City Council regarding the dog park. Toni Book 139 Regular Session, July 20, 2009 261 Kretschmer, 255 York Street, requested that Roy D. Buol, Mayor the City Council keep the current dog park Attest: Jeanne F. Schneider, CMC, City Clerk open in addition to opening other locations. Julie Lindecker, 435 English Lane, stated that Fiscal Year 2010 Dubuque County REAP she believed most big cities have more than Plan: City Manager recommending approval of one dog park and that only a few people are the City of Dubuque’s update of the Fiscal making the complaints. Motion by Jones to Year 2010 Dubuque County REAP Plan, sub- receive and file the documents. Seconded by mittal of the Fiscal Year 2010 REAP grant ap- Resnick. Motion carried 7-0. plication for installation of the Iowa 32 Bike / Hike Trail – Phase 3 Project and appointment Dubuque County Historical Society: Re-of a City Council representative (currently quest of Jerry Enzler, National Mississippi Riv-Council Member Joyce Connors) to the REAP er Museum and Aquarium, to address the City Committee. Motion by Jones to receive and file Council regarding a Resolution of Support for the documents, approve the recommendation the Historical Society’s application to the Vi-and appoint Joyce Connors as the City Council sion Iowa’s River Enhancement Community representative. Seconded by Voetberg. Motion Attraction and Tourism Program (RECAT). carried 7-0. Dubuque County Historical Society Executive Director Jerry Enzler, 531 W. Heller, East Du-Restriction of All-Terrain Vehicles (ATV) buque, spoke in support of the proposed reso-Use: City Manager recommending that the use lution. of ATVs be restricted to private property of not City Manager recommending approval of less than one acre in size, and only between the Resolution of Support for the Historical sunrise and sunset, and only with the written Society’s application to the Vision Iowa’s River permission of the property owner if the proper- Enhancement Community Attraction and Tour-ty owner is not the owner of the ATV. A pro- ism Program (RECAT). posed ordinance amending Chapter 32 (Motor Motion by Connors to receive and file the Vehicles and Traffic) of the City of Dubuque documents and adopt Resolution No. 259-09 Code of Ordinances by amending Section 32.4 Resolution of Support (Endorsing Application). All-Terrain Vehicles to prohibit use of all-terrain Seconded by Resnick. Motion carried 7-0. vehicles on property less than one acre was removed from the agenda. RESOLUTION NO. 259-09 ENDORSE APPLICATION Dubuque Sister City Relationship: City Whereas, the City of Dubuque (City) and Manager recommending that the City Council the Dubuque County Historical Society (Socie-solicit two City Council Member volunteers to ty) have partnered in the successful implemen-recruit members for a public/private partner- tation of the America’s River project for the ship Sister City Committee and then agree to benefit of Dubuque and the entire state of serve on that committee. Motion by Connors to Iowa. receive and file the documents and appoint Whereas, the City and the Dubuque Coun-Council Members Voetberg and Lynch. ty Historical Society are hoping to develop the Seconded by Voetberg. Connors stated that former Ice Harbor Park site as the new Missis-she was much in favor of the program. Motion sippi Plaza. carried 7-0. Whereas, the City is interested in building PUBLIC INPUT public boat docks alongside the Mississippi Plaza in order to increase public transportation options and tourism opportunities at the Port of Ann Michalski, 1520 Altura Street, stated Dubuque. that she was very concerned about the City Whereas, the City believes that continued Council approving millions of dollars in bond improvements and expansion at the Port of sales without any questions asked from Coun- Dubuque will have tangible educational and cil members or citizens and that it was a mat- economic benefits for Dubuque and the State ter of civic responsibility. of Iowa. Charles Harris, 2473 Jackson Street, in- NOW THEREFORE, BE IT RESOLVED quired as to how much revenue the City rece- BY THE CITY COUNCIL FO THE CITY OF ives from pet licensing and where it is spent in DUBUQUE, IOWA: relationship to the ongoing maintenance of the The City Council formally endorses the ap-dog park. Mr. Harris also commented on hear- plication of the Dubuque County Historical ing noise from Comiskey Park as compared to Society to the Vision Iowa River Enhancement noise from a dog park. Community Attraction and Tourism program to develop the Mississippi Plaza. th Passed, approved and adopted this 20 day of July, 2009. 262 Regular Session, August 3, 2009 Book 139 CLOSED SESSION CITY OF DUBUQUE, IOWA CITY COUNCIL Motion by Jones to go into closed session OFFICIAL at 7:50 p.m. regarding pending litigation and PROCEEDINGS property acquisition pursuant to Chapter 21.5(1)(c)(j) 2009 Code of Iowa. Seconded by Braig. Motion carried 7-0. The Dubuque City Council met in regular Upon motion the City Council reconvened session at 6:30 p.m. on August 3, 2009 in the in open session at 8:09 p.m. stating that staff Historic Federal Building. had been given proper direction. Present: Mayor Buol, City Council Mem- There being no further business, upon mo- bers Braig, Connors, Jones, Lynch, Resnick, tion the City Council adjourned at 8:10 p.m. Voetberg, City Manager Van Milligen, City Attorney Lindahl /s/Jeanne F. Schneider, CMC City Clerk 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 Deacon Dave Brinkmoeller, Holy Spirit Pastorate. PROCLAMATIONS United Way Campaign Time was accepted by United Way Campaign Co-Chair Tom Giese, 395 Villa Street. Iowa Private College Week (August 3 – 8, 2009) was accepted by Sue Czeshinski. Direc- tor of Communication, Loras College, 1450 Alta Vista; Mike Cyze, Executive Director of Communication, Clarke College, 1550 Clarke Drive; and Kristi Lynch, Public Relations Direc- tor, University of Dubuque, 2000 University Avenue. Responsible Gaming Education Week (August 3 – 7, 2009) was accepted by Carrie Tedore, Diamond Jo Casino, 301 Bell Street, and Joey Anderson, Mystique Casino, 1855 Greyhound Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated with (#5) Pine Knoll Subdivision being pulled from the agenda. Seconded by Braig. Braig requested (#3) Homelessness Prevention and Rapid Re-Housing Program be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 7/20; Housing Commission of 6/23; Human Rights Commission of 6/8; Investment Oversight Advisory Commission of 7/22 Investment Oversight Advisory Commis- th sion 65 Quarterly Report Proofs of publication of City Council Pro- ceedings of July 6, 2009 (Special Session and Book 139 Regular Session, August 3, 2009 263 Regular Meeting) and List of Claims and and Urban Development for the Homelessness Summary of Revenues for Month Ended June Prevention and Rapid Re-Housing Program 30, 2009 Grant to the City of Dubuque in the amount of Substance Abuse Services Center Fourth $502,294 and identified as Grant Number S09- Quarter Report MY-19-0005 is hereby accepted. Upon motion the documents were received Section 2. That the Mayor of the City of and filed. Dubuque be and he is hereby authorized and directed to execute said Grant Agreement on Notice of Claims/Suits: James Lee Wolfe behalf of the City of Dubuque, Iowa as per the for vehicle damage. Upon motion the docu-grant requirements. rd ments were received, filed and referred to the Passed, approved and adopted this 3 day City Attorney. of August 2009. Roy D. Buol, Mayor City Attorney advising that the following Attest: Jeanne F. Schneider, City Clerk claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com-Office of the City Assessor: Communica- munities Assurance Pool: James Wolfe for tion from Richard A. Engelken, City Assessor, vehicle damage. Upon motion the documents advising that four Notice of Appeal and Petition were received, filed, and concurred. forms have been filed with the Property As- sessment Appeal Board. Upon motion the Homelessness Prevention and Rapid Re-documents were received and filed. Housing Program: City Manager recommend- ing approval of a Homelessness Prevention Pine Knoll Condominiums: This item was and Rapid Re-Housing Program (HPRP) grant removed from the agenda. agreement with the U.S. Department of Hous- ing and Urban Development (HUD) in the Dubuque Community School District: City amount of $502,294. Motion by Braig to re-Manager recommending acceptance of the ceive and file the documents and adopt Reso-warranty deed, the acquisition plat and ease- lution No. 260-09 Authorizing execution of a ments from the Dubuque Community School Homelessness Prevention and Rapid Re-District for traffic signal improvements on Housing Program grant agreement with the Pennsylvania Avenue. Upon motion the docu- U.S. Department of Housing and Urban De-ments were received and filed and Resolution velopment. Seconded by Jones. A portion of No. 261-09 Approving Acquisition Plat of Lot A the City Manager’s memo was presented and of Lot 2 of Lot 1 of the E ½ of the SW ¼ of th read by Braig. Motion carried 7-0. Section 21, T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque County, Iowa; Resolution RESOLUTION NO. 260-09 No. 262-09 Accepting a conveyance of proper- AUTHORIZING EXECUTION OF A HOME- ty of Lot A of Lot 2 of Lot 1 of the E ½ of the th LESSNESS PREVENTION AND RAPID RE- SW ¼ of Section 21, T89N, R2E, 5 P.M. in HOUSING PROGRAM (HPRP) GRANT the City of Dubuque, Dubuque County, Iowa; AGREEMENT WITH THE U.S. DEPART- Resolution No. 263-09 Accepting the grant of MENT OF HOUSING AND URBAN DEVEL- an easement for underground electric, fiber OPMENT. optic cable, traffic signals and other appurten- Whereas, the City of Dubuque has re-ances through, under and across a part of Lot ceived funding from the U.S. Department of 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of th Housing and Urban Development (HUD) for Section 21, T89N, R2E, 5 P.M. in the City of the Homelessness Prevention and Rapid Re-Dubuque; and Resolution No. 264-09 Accept- Housing Program (HPRP); and ing the grant of an easement for underground Whereas, the submission has been ap-electric, fiber optic cable, traffic signals and proved by the U.S. Department of Housing and other appurtenances through, under and Urban Development in the amount of across a part of Lot 2 of Lot 1 of the E ½ of the th $502,294; and SW ¼ of Section 21, T89N, R2E, 5 P.M. in Whereas, a grant agreement covering the the City of Dubuque were adopted. activities proposed to be carried out with the RESOLUTION NO. 261-09 Homelessness Prevention and Rapid Re- APPROVING ACQUISITION PLAT OF LOT A Housing Program has been transmitted to the OF LOT 2 OF LOT 1 OF THE E ½ OF THE City of Dubuque by the U. S. Department of TH SW ¼ OF SECTION 21, T89N, R2E, 5 P.M. Housing and Urban Development. IN THE CITY OF DUBUQUE, DUBUQUE NOW, THEREFORE, BE IT RESOLVED COUNTY, IOWA BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, there has been presented to the Section 1. That the Grant Agreement, au-City Council of the City of Dubuque, Iowa, a thorized by the U.S. Department of Housing plat dated July 14, 2009, prepared by IIW En- 264 Regular Session, August 3, 2009 Book 139 RESOLUTION NO. 263-09 gineers & Surveyors, PC describing Lot A of RESOLUTION ACCEPTING THE GRANT OF Lot 2 of Lot 1 of the E ½ of the SW ¼ of Sec- th AN EASEMENT FOR UNDERGROUND tion 21, T89N, R2E, 5 P.M. in the City of Du- ELECTRIC, FIBER OPTIC CABLE, TRAFFIC buque, Dubuque County, Iowa; and SIGNALS AND OTHER APPURTENANCES Whereas, said plat conforms to the laws THROUGH, UNDER AND ACROSS A PART and statutes pertaining thereto. OF LOT 1 OF LOT 1 OF LOT 2 OF THE E ½ NOW THEREFORE, BE IT RESOLVED OF THE SW ¼ OF SECTION 21, T89N, R2E, BY THE CITY COUNCIL OF THE CITY OF TH 5 P.M. IN THE CITY OF DUBUQUE DUBUQUE, IOWA: Section 1. That the plat dated July 14, Whereas, Dubuque Community School 2009, prepared by IIW Engineers & Surveyors, District has executed an Easement for Under- PC, relative to the real estate hereinabove ground Electric, Fiber Optic Cable, Traffic Sig- described be and the same is hereby ap-nals, and Other Appurtenances through, un- proved, and the Mayor and City Clerk be and der, and across a part of Lot 1 of Lot 1 of Lot 2 they are hereby authorized and directed to of the E ½ of the SW ¼ of Section 21, T89N, execute said plat and on behalf of the City of R2E, 5th P.M. in the City of Dubuque, Dubu- Dubuque, Iowa. que County, Iowa. Section 2. That the City Clerk be and is he-NOW THEREFORE, BE IT RESOLVED reby authorized and directed to file said plat BY THE CITY COUNCIL OF THE CITY OF and certified copy of this resolution in the office DUBUQUE, IOWA: of the Recorder, in and for Dubuque County, Section 1. The City Council of the City Iowa. of Dubuque, Iowa, hereby approves of, ac- rd Passed, approved and adopted this 3 day cepts and consents to the Grant of Easement of August, 2009. for Underground Electric, Fiber Optic Cable, Roy D. Buol, Mayor Traffic Signals, and Other Appurtenances Attest: Jeanne F. Schneider, CMC, City Clerk through, under, and across a part of Lot 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Sec- RESOLUTION NO. 262-09 tion 21, T89N, R2E, 5th P.M. in the City of ACCEPTING A CONVEYANCE OF PROP- Dubuque, Dubuque County, Iowa from Dubu- ERTY OF LOT A OF LOT 2 OF LOT 1 OF que Community School District, a copy of THE E ½ OF THE SW ¼ OF SECTION 21, which is attached hereto. TH T89N, R2E, 5 P.M. IN THE CITY OF DU- Section 2. The Mayor is hereby autho- BUQUE, DUBUQUE COUNTY, IOWA rized and directed to execute and acknowl- Whereas, the City of Dubuque entered into edge on behalf of the City of Dubuque any an Acquisition Agreement with Dubuque instruments in connection herewith. Community School District pursuant to which Passed, approved and adopted this 3rd the Dubuque Community School District day of August, 2009. agreed to convey Lot A of Lot 2 of Lot 1 of the Roy D. Buol, Mayor E ½ of the SW ¼ of Section 21, T89N, R2E, Attest: Jeanne F. Schneider, CMC, City Clerk 5th P.M. in the City of Dubuque, Dubuque RESOLUTION NO. 264-09 County, Iowa, as shown on the Acquisition Plat ACCEPTING THE GRANT OF AN EASE- thereof; and MENT FOR UNDERGROUND ELECTRIC, Whereas, Dubuque Community School FIBER OPTIC CABLE, TRAFFIC SIGNALS District has executed a conveyance of said AND OTHER APPURTENANCES property. THROUGH, UNDER AND ACROSS A PART NOW THEREFORE, BE IT RESOLVED OF LOT 2 OF LOT 1 OF THE E ½ OF THE BY THE CITY COUNCIL OF THE CITY OF TH SW ¼ OF SECTION 21, T89N, R2E, 5 P.M. DUBUQUE, IOWA: IN THE CITY OF DUBUQUE Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-Whereas, Dubuque Community School cepts and consents to the Warranty Deed from District has executed an Easement for Under- Dubuque Community School District, copies of ground Electric, Fiber Optic Cable, Traffic Sig- which are attached hereto, as required by Iowa nals, and Other Appurtenances through, un- Code Section 569.7. der, and across a part of Lot 2 of Lot 1 of the E Section 2. The Mayor is hereby autho-½ of the SW ¼ of Section 21, T89N, R2E, 5th rized and directed to execute and acknowl-P.M. in the City of Dubuque, Dubuque County, edge on behalf of the City of Dubuque any Iowa. instruments in connection herewith. NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 3rd BY THE CITY COUNCIL OF THE CITY OF day of August, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. The City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Book 139 Regular Session, August 3, 2009 265 CITY ENGINEER’S CERTIFICATE OF FINAL Underground Electric, Fiber Optic Cable, Traf- COMPLETION OF THE KEPHART BUILD- fic Signals, and Other Appurtenances through, ING IMPROVEMENT PROJECT – SELEC- under, and across a part of Lot 2 of Lot 1 of TIVE DEMOLITION the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubu-The undersigned City Engineer of the City que County, Iowa from Dubuque Community of Dubuque, Iowa, hereby certifies that he has School District, a copy of which is attached inspected the Kephart Building Improvement hereto. Project – Selective Demolition, that the Project Section 2. The Mayor is hereby authorized has been performed in compliance with the and directed to execute and acknowledge on terms of the Public Improvement Contract, and behalf of the City of Dubuque any instruments that the total cost of the completed work is in connection herewith. $20,300.00. th Passed, approved and adopted this 3rd Dated this 27 day of July, 2009. day of August, 2009. Gus Psihoyos, City Engineer rd Roy D. Buol, Mayor Filed in the office of the City Clerk on the 3 Attest: Jeanne F. Schneider, CMC, City Clerk day of August, 2009. Jeanne F. Schneider, CMC, City Clerk Kephart Building Improvements – Selective Demolition Project: City Manager recommend-DuRide Contract: City Manager recom- ing acceptance of the construction contract for mending approval of an agreement with Du- the Kephart Building Improvements – Selective Ride to provide alternative transportation to Demolition Project. Upon motion the docu-senior citizens for Fiscal Year 2010. Upon mo- ments were received and filed and Resolution tion the documents were received, filed, and No. 265-09 Accepting the Kephart Building approved. Improvements – Selective Demolition Project and authorizing the payment of the contract Housing Enterprise Zone Agreement – amount to the contractor was adopted. Sustainable Neighborhood Builders, Inc.: City Manager recommending approval of the pro- RESOLUTION NO. 265-09 posed Housing Enterprise Zone Program ACCEPTING THE KEPHART BUILDING IM- Agreement by and between the Iowa Depart- PROVEMENT PROJECT – SELECTIVE DE- ment of Economic Development (IDED), City MOLITION AND AUTHORIZING THE PAY- of Dubuque and Sustainable Neighborhood MENT OF THE CONTRACT AMOUNT TO Builders, Inc. for redevelopment of the historic THE CONTRACTOR millwork building located at 1079 Elm Street. Whereas, the Public Improvement Contract Upon motion the documents were received for the Kephart Building Improvement Project – and filed and Resolution No. 266-09 Approving Selective Demolition (the Project) has been a Housing Enterprise Zone Program Agree- completed and the City Engineer has ex-ment by and among the Iowa Department of amined the work and filed a certificate stating Economic Development, the City of Dubuque that the Project has been completed according and Sustainable Neighborhood Builders, Inc. to the terms of the Public Improvement Con-was adopted. tract and that the City Engineer recommends RESOLUTION NO. 266-09 that the Project be accepted. APPROVING A HOUSING ENTERPRISE NOW THEREFORE, BE IT RESOLVED ZONE PROGRAM AGREEMENT BY AND BY THE CITY COUNCIL OF THE CITY OF AMONG THE IOWA DEPARTMENT OF DUBUQUE, IOWA: ECONOMIC DEVELOPMENT, THE CITY OF Section 1. The recommendation of the City DUBUQUE AND SUSTAINABLE NEIGH- Engineer is approved and the Project is hereby BORHOOD BUILDERS, INC. accepted. Section 2. The Finance Director is hereby Whereas, the City of Dubuque has estab- directed to pay to the Contractor from the Ke-lished two Enterprise Zones and an Enterprise phart Building Improvements Capital Im-Zone Commission; and provement Project appropriation for the con-Whereas, the Enterprise Zone Commission tract amount of $20,300.00 less any retained on June 17, 2009 approved the application of percentage provided for therein as provided in Sustainable Neighborhood Builders, Inc. for Iowa Code chapter 573, and to pay such retai-Housing Enterprise Zone benefits; and nage only in accordance with the provisions of Whereas, Sustainable Neighborhood Iowa Code chapter 573. Builders, LLC’s application was approved by rd Passed, approved and adopted this 3 day the Iowa Department of Economic Develop- of August, 2009. ment on June 23, 2009; and Roy D. Buol, Mayor Whereas, the Iowa Department of Eco- Attest: Jeanne F. Schneider, CMC, City Clerk nomic Development has prepared and submit- ted for City Council approval an agreement 266 Regular Session, August 3, 2009 Book 139 relating to Housing Enterprise Zone benefits Whereas, the City Council finds that the for Sustainable Neighborhood Builders, Inc. a proposed agreement is acceptable and neces- copy of which is attached hereto and by this sary to the growth and development of the city. reference made a part hereof; and NOW THEREFORE, BE IT RESOLVED Whereas, the City Council finds that the BY THE CITY COUNCIL OF THE CITY OF proposed agreement is acceptable and neces-DUBUQUE, IOWA: sary to the growth and development of the city. Section 1. That the Iowa Department of NOW THEREFORE, BE IT RESOLVED Economic Development Housing Enterprise BY THE CITY COUNCIL OF THE CITY OF Zone Program Agreement, Number 09-HEZ- DUBUQUE, IOWA: 050, is hereby approved. Section 1. That the Iowa Department of Section 2. That the Mayor is hereby autho- Economic Development Housing Enterprise rized and directed to execute the Agreement Zone Program Agreement, Number 09-HEZ-on behalf of the City of Dubuque and forward 051, is hereby approved. the executed copy to the Iowa Department of Section 2. That the Mayor is hereby autho-Economic Development for their approval. rd rized and directed to execute the Agreement Passed, approved and adopted this 3 day on behalf of the City of Dubuque and forward of August, 2009. the executed copy to the Iowa Department of Roy D. Buol, Mayor Economic Development for their approval. Attest: Jeanne F. Schneider, CMC, City Clerk rd Passed, approved and adopted this 3 day of August, 2009. Federal Emergency Management Agency Roy D. Buol, Mayor (FEMA): City Manager recommending that the Attest: Jeanne F. Schneider, CMC, City Clerk City of Dubuque transmit objections to the preliminary Digital Flood Insurance Rate Map’s Housing Enterprise Zone Agreement – 40 proposed new flood zones, and provide docu- Main, LLC: City Manager recommending ap-mentation to support the position that the proval of the proposed Housing Enterprise DFIRM is not using current data on flood miti- Zone Agreement by and among the Iowa De-gation. Upon motion the documents were re- partment of Economic Development (IDED), ceived, filed, and approved. the City of Dubuque and 40 Main, LLC related to the redevelopment of the former Higley Quarterly Investment Report: City Manager Chemical building on South Main Street. Upon submitting the Quarterly Investment Report for motion the documents were received and filed the period from April 1, 2009 through June 30, and Resolution No. 267-09 Approving a Hous-2009. Upon motion the documents were re- ing Enterprise Zone Program Agreement by ceived and filed. and among the Iowa Department of Economic Development, the City of Dubuque and 40 Housing Code Board of Appeals: Resigna- Main, LLC, was adopted. tion of Jim (Demetris) Matheos from the Hous- ing Code Board of Appeals. Upon motion the RESOLUTION NO. 267-09 document was received and filed and the res- APPROVING A HOUSING ENTERPRISE ignation accepted. ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF Procurement Card Vendor Selection: City ECONOMIC DEVELOPMENT, THE CITY OF Manager recommending approval of the selec- DUBUQUE AND 40 MAIN, LLC tion of American Trust and Savings Bank as Whereas, the City of Dubuque has estab-the City’s procurement card vendor. Upon mo- lished two Enterprise Zones and an Enterprise tion the documents were received, filed, and Zone Commission; and approved. Whereas, the Enterprise Zone Commission on June 17, 2009 approved the application of Revised Fiscal Year 2010 Dubuque County 40 Main, LLC. for Housing Enterprise Zone REAP Plan: City Manager recommending ap- benefits; and proval of the Revised Fiscal Year 2010 Dubu- Whereas, 40 Main, LLC’s application was que County REAP Plan and grant application approved by the Iowa Department of Econom-for installation of the Iowa 32 Bike / Hike Trail ic Development on June 23, 2009; and – Phase 3 Project. Upon motion the docu- Whereas, the Iowa Department of Eco-ments were received and filed and Resolution nomic Development has prepared and submit-No. 268-09 Authorizing REAP grant applica- ted for City Council approval an agreement tion to Iowa Department of Natural Resources relating to Housing Enterprise Zone benefits for Iowa 32 Bike / Hike Trail (Phase 3) was for 40 Main, LLC a copy of which is attached adopted. hereto and by this reference made a part he- reof; and Book 139 Regular Session, August 3, 2009 267 RESOLUTION NO. 268-09 Liquor License Applications: City Manager AUTHORIZING REAP GRANT APPLICA- recommending approval of annual liquor li- TION TO IOWA DEPARTMENT OF NATU- cense renewals as submitted. Upon motion the RAL RESOURCES FOR IOWA 32 BIKE/HIKE documents were received and filed and Reso- TRAIL (PHASE 3) lution No. 269-09 Granting the issuance of Whereas, the Iowa Department of Natural three renewal licenses to sell cigarettes to Awn Resources has allocated grant funds in the Stop Mart #2, Friendly Locust Mart and Aragon REAP (Resource Enhancement and Protec-Tap; Resolution No. 270-09 Granting the is- tion) Program for the development of bike/hike suance of a Class “B” Beer Permit to Music n trails; and More Promotions; and Resolution No. 271-09 Whereas, the City of Dubuque has adopted Granting the issuance of a Class “C” the 2008 Comprehensive Plan that includes Beer/Liquor License to Courtside Sports Bar goals for development of bike/hike trails; and and Grill, Ten Pin Tap, Shannon’s Bar and Whereas, the City of Dubuque has adopted Grill, and Bammer’s Sport Bar and Grill were the 2008 Tri-State Trail Plan that includes the adopted. Iowa 32 Bike/Hike Trail (Phase 3) as a High RESOLUTION NO. 269-09 Priority project. NOW THEREFORE, BE IT RESOLVED NOW, THEREFORE, BE IT RESOLVED BY BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DU- DUBUQUE, IOWA: BUQUE, IOWA: Section 1. The Mayor hereby is authorized That the following having complied with the to sign and the Planning Services Manager is provisions of law relating to the sale of Ciga- hereby authorized to submit an application to rettes within the City of Dubuque, Iowa, be the Iowa Department of Natural Resources for granted a permit to sell Cigarettes and Ciga- REAP funds for the Iowa 32 Bike/Hike Trail rette Papers within said City. (Phase 3). 2 RENEWALS Section 2. That in the event said applica-Awn Stop Mart #2, Awn Stop Mart Inc., tion is approved, the City Council hereby pro-1401 Central Avenue vides its written assurance that the completed Friendly Locust mart, Awn Stop Mart Inc., project will be adequately maintained for its 408 W. Locust Street intended use in accordance with state re-Aragon Tap, Aragon Tap, 1103 Iowa Street quirements. Passed, approved and adopted this 3rd rd Passed, approved and adopted this 3 day day of August, 2009. of August 2009. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 270-09 Step by Step – Iowa Department of Eco-Whereas, applications for Beer Permits nomic Development Audit: City Manager ad-have been submitted and filed to this Council vising that the audit report from the Iowa De-for approval and the same have been ex- partment of Economic Development for the amined and approved: and Step by Step Project gave the City high marks Whereas, the premises to be occupied by for program compliance and performance. such applicants were inspected and found to Upon motion the documents were received comply with the Ordinances of the City and and filed. have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED H1N1 Update: City Manager submitting an BY THE CITY COUNCIL OF THE CITY OF update on the Novel Influenza A (H1N1) virus. DUBUQUE, IOWA: Upon motion the documents were received That the Manager be authorized to cause and filed. to be issued the following named applicants a Beer Permit. West End Commercial Subdivision: Com-CLASS “B” BEER PERMIT munication from Brian Kane, representing Music n More Promotions, Music n More Tschiggfrie Excavating Company, requesting Promotions, Town Clock Plaza the vacation of the recorded plat of West End Passed, approved and adopted this 3rd day of Commercial Subdivision. Upon motion the August, 2009. documents were received and filed and re-Roy D. Buol, Mayor ferred to the City Manager. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 271-09 Signed Contracts: Retainer Agreement with the Ferguson Group to provide federal Whereas, applications for Liquor Licenses government affairs consulting services. Upon have been submitted to this Council for ap- motion the documents were received and filed. 268 Regular Session, August 3, 2009 Book 139 ESTIMATED COST; AND ORDERING THE proval and the same have been examined and ADVERTISEMENT FOR BIDS approved; and Whereas, the premises to be occupied by NOW THEREFORE, BE IT RESOLVED such applicants were inspected and found to BY THE CITY COUNCIL OF THE CITY OF comply with the State Laws and all City Ordin-DUBUQUE, IOWA: ances relevant thereto and they have filed The proposed plans, specifications, form of proper bonds. contract and estimated cost for the installation NOW, THEREFORE, BE IT RESOLVED of onsite power supply lines with hardware to BY THE CITY COUNCIL OF THE CITY OF connect the vacuum filter building operations DUBUQUE, IOWA: with the Eagle Point Water Plant’s main build- That the Manager be authorized to cause ing generator, in the estimated amount of to be issued the following named applicants a $85,380, are hereby preliminarily approved Liquor License. and ordered filed in the office of the City Clerk CLASS “C” BEER/LIQUOR LICENSE for public inspection. Courtside, Inc., Courtside Sports Bar & A public hearing will be held on the 17th Grill+(Sunday/Outdoor Sale), 2095 Holliday day of August, at 6:30 p.m. in the Historic Drive Federal Building Council Chambers at which Haggerty Enterprises, Ten Pin Tap time interested persons may appear and be +(Sunday Sale), 601 Rhomberg Avenue heard for or against the proposed plans and Shannon’s Bar/Grill, LLC, Shannon’s Bar & specifications, form of contract and estimated nd Grill +(Sunday Sale), 521 E. 22 Street cost of said Project, and the City Clerk be and Bammer’s Sports Bar, Bammers Sport Bar is hereby directed to cause the attached notice & Grill of the time and place of such hearing to be +(Sunday Sale), 3203 Jackson Street published in a newspaper having general cir- Passed, approved and adopted this 3rd culation in the City of Dubuque, Iowa, which day of August, 2009. notice shall be published not less than four Roy D. Buol, Mayor days nor more than twenty days prior to the Attest: Jeanne F. Schneider, CMC, City Clerk date of such hearing. At the hearing, any inter- ested person may appear and file objections to ITEMS TO BE SET FOR PUBLIC HEARING the proposed plans, specifications, form of contract, or estimated cost of the Project. Motion by Lynch to receive and file the The Eagle Point Water Plant Vacuum Filter documents, adopt the resolutions, set the pub-Building Back-up Power Supply Project is he- lic hearings as indicated, and direct the City reby ordered to be advertised for bids for con- Clerk to publish notice as prescribed by law. struction. Seconded by Voetberg. Motion carried 7-0. The amount of the security to accompany each bid shall be in an amount which shall Eagle Point Water Plant Vacuum Filter conform to the provisions of the Notice to Bid- Project: City Manager recommending initiation ders hereby approved. of the public bidding process for the Eagle The City Clerk is hereby directed to adver- Point Water Plant Vacuum Filter Project and tise for bids for the construction of the im- that a public hearing be set for August 17, provements herein provided, by publishing the 2009. Upon motion the documents were re-attached Notice to Bidders to be published in a ceived and filed and Resolution No. 272-09 newspaper having general circulation in the Preliminary approval of plans, specifications, City of Dubuque, Iowa, which notice shall be form of contract, and estimated cost; setting published not less than four but not more than date of public hearing on plans, specifications, forty-five days before the date for filing bids form of contract, and estimated cost; and or-before 2:00 p.m. on the 19th day of August. dering the advertisement for bids for the Eagle Bids shall be opened and read by the City Point Water Plant Vacuum Filter Project was Clerk at 2:30 p.m. and will be submitted to the adopted setting a public hearing for a meeting City Council for final action at the public hear- th to commence at 6:30 p.m. on August 17, 2009 ing at 6:30 p.m. on the 8 day of September, in the Historic Federal Building. in the Historic Federal Building Council Cham- th bers (Second Floor), 350 West 6 Street, Du- RESOLUTION NO. 272-09 buque, Iowa. EAGLE POINT WATER PLANT’S Passed, adopted and approved this 3rd VACUUM FILTER BUILDING day of August, 2009. BACK-UP POWER SUPPLY PROJECT Roy D. Buol, Mayor PRELIMINARY APPROVAL OF PLANS, Attest: Jeanne F. Schneider, CMC, City Clerk SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE Miller Road Water Main Extension Project: OF PUBLIC HEARING ON PLANS, SPECI- City Manager recommending initiation of the FICATIONS, FORM OF CONTRACT, AND public bidding process for the Miller Road Wa- Book 139 Regular Session, August 3, 2009 269 ter Main Extension Project and that a public newspaper having general circulation in the hearing be set for August 17, 2009. Upon mo-City of Dubuque, Iowa, which notice shall be tion the documents were received and filed published not less than four but not more than and Resolution No. 273-09 Preliminary ap-forty-five days before the date for filing bids proval of plans, specifications, form of con-before 2:00 p.m. on the 19th day of August. tract, and estimated cost; setting date of public Bids shall be opened and read by the City hearing on plans, specifications, form of con-Clerk at 2:30 p.m. and will be submitted to the tract, and estimated cost; and ordering the City Council for final action at the public hear- th advertisement for bids for the Miller Road Wa-ing at 6:30 p.m. on the 8 day of September, ter Main Extension Project was adopted set-in the Historic Federal Building Council Cham- th ting a public hearing for a meeting to com-bers (Second Floor), 350 West 6 Street, Du- mence at 6:30 p.m. on August 17, 2009 in the buque, Iowa. rd Historic Federal Building. Passed, adopted and approved this 3 day of August, 2009. RESOLUTION NO. 273-09 Roy D. Buol, Mayor MILLER ROAD Attest: Jeanne F. Schneider, CMC, City Clerk WATER MAIN EXTENSION PROJECT PRELIMINARY APPROVAL OF PLANS, Highway 151/61 South Water Main Exten- SPECIFICATIONS, FORM OF CONTRACT, sion Project: City Manager recommending AND ESTIMATED COST; SETTING DATE initiation of the public bidding process for the OF PUBLIC HEARING ON PLANS, SPECI- Highway 151/61 South Water Main Extension FICATIONS, FORM OF CONTRACT, AND Project and that a public hearing be set for ESTIMATED COST; AND ORDERING THE August 17, 2009. Upon motion the documents ADVERTISEMENT FOR BIDS were received and filed and Resolution No. NOW THEREFORE, BE IT RESOLVED 274-09 Preliminary approval of plans, specifi- BY THE CITY COUNCIL OF THE CITY OF cations, form of contract, and estimated cost; DUBUQUE, IOWA: setting date of public hearing on plans, specifi- The proposed plans, specifications, form of cations, form of contract, and estimated cost; contract and estimated cost for the installation and ordering the advertisement for bids for the of approximately 1,675 feet of 8 inch ductile Highway 151/61 South Water Main Extension iron water main with accessories along Miller Project was adopted setting a public hearing Road, in the estimated amount of for a meeting to commence at 6:30 p.m. on $170,855.90, are hereby preliminarily ap-August 17, 2009 in the Historic Federal Build- proved and ordered filed in the office of the ing. City Clerk for public inspection. RESOLUTION NO. 274-09 A public hearing will be held on the 17th HIGHWAY 61/151 SOUTH WATER MAIN day of August, at 6:30 p.m. in the Historic EXTENSION PROJECT Federal Building Council Chambers at which PRELIMINARY APPROVAL OF PLANS, time interested persons may appear and be SPECIFICATIONS, FORM OF CONTRACT, heard for or against the proposed plans and AND ESTIMATED COST; SETTING DATE specifications, form of contract and estimated OF PUBLIC HEARING ON PLANS, SPECI- cost of said Project, and the City Clerk be and FICATIONS, FORM OF CONTRACT, AND is hereby directed to cause the attached notice ESTIMATED COST; AND ORDERING THE of the time and place of such hearing to be ADVERTISEMENT FOR BIDS published in a newspaper having general cir- culation in the City of Dubuque, Iowa, which NOW THEREFORE, BE IT RESOLVED notice shall be published not less than four BY THE CITY COUNCIL OF THE CITY OF days nor more than twenty days prior to the DUBUQUE, IOWA: date of such hearing. At the hearing, any inter-The proposed plans, specifications, form of ested person may appear and file objections to contract and estimated cost for the installation the proposed plans, specifications, form of of approximately 2,300 feet of 8 inch ductile contract, or estimated cost of the Project. iron water main with accessories along High- The Miller Road Water Main Extension way 61/151 South in the estimated amount of Project is hereby ordered to be advertised for $200,000 are hereby preliminarily approved bids for construction. and ordered filed in the office of the City Clerk The amount of the security to accompany for public inspection. each bid shall be in an amount which shall A public hearing will be held on the 17th conform to the provisions of the Notice to Bid-day of August, at 6:30 p.m. in the Historic ders hereby approved. Federal Building Council Chambers at which The City Clerk is hereby directed to adver-time interested persons may appear and be tise for bids for the construction of the im-heard for or against the proposed plans and provements herein provided, by publishing the specifications, form of contract and estimated attached Notice to Bidders to be published in a cost of said Project, and the City Clerk be and 270 Regular Session, August 3, 2009 Book 139 is hereby directed to cause the attached notice Street, #8; and Matthew Esser, 90 Main Street, of the time and place of such hearing to be #201. Upon roll call vote of 4-3, Matthew Esser published in a newspaper having general cir-was appointed to the Transit Board of Trustees culation in the City of Dubuque, Iowa, which for a 3-year term through July 30, 2012. notice shall be published not less than four PUBLIC HEARINGS days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to Upon motion the rules were suspended al- the proposed plans, specifications, form of lowing anyone present to address the City contract, or estimated cost of the Project. Council. The Highway 61/151 South Water Main Extension Project is hereby ordered to be ad-Slattery Center Lease – Dubuque Montes- vertised for bids for construction. sori School: Proof of publication on notice of The amount of the security to accompany public hearing to consider leasing the Slattery each bid shall be in an amount which shall Center in Flora Park to Montessori School and conform to the provisions of the Notice to Bid-City Manager recommending approval. Motion ders hereby approved. by Lynch to receive and file the documents The City Clerk is hereby directed to adver-and adopt Resolution No. 275-09 Disposing of tise for bids for the construction of the im-an interest in real property by lease agreement provements herein provided, by publishing the with Dubuque Montessori School, Inc. attached Notice to Bidders to be published in a Seconded by Jones. Motion carried 7-0. newspaper having general circulation in the RESOLUTION NO. 275-09 City of Dubuque, Iowa, which notice shall be DISPOSING OF AN INTEREST IN REAL published not less than four but not more than PROPERTY BY LEASE AGREEMENT WITH forty-five days before the date for filing bids DUBUQUE MONTESSORI SCHOOL, INC. before 2:00 p.m. on the 19th day of August. Bids shall be opened and read by the City WHEREAS, the City of Dubuque, Iowa (City) Clerk at 2:30 p.m. and will be submitted to the is the owner of the following described real City Council for final action at the public hear-estate (the Property): Lot 1-1-1-2 and Lot 1-2- th ing at 6:30 p.m. on the 8 day of September, 1-2 of Mineral Lot 399A; Lot 1-1-1-1-1-2 and in the Historic Federal Building Council Cham-Lot 2-1-W1/2 Lot 4-1-1-2 in J.P. Mettel’s Sub- th bers (Second Floor), 350 West 6 Street, Du-division, all in the City of Dubuque, Dubuque buque, Iowa. Co., Iowa; and Passed, adopted and approved this 3rd WHEREAS, Dubuque Montessori School, day of August, 2009. Inc., an Iowa Corporation desires to lease the Roy D. Buol, Mayor Property for the operation of a preschool as Attest: Jeanne F. Schneider, CMC, City Clerk set forth in the Lease Agreement attached hereto; and BOARDS/COMMISSIONS WHEREAS, on July 20, 2009, the City Council pursuant to notice published as required Applicants were invited to address the City by law held a public hearing on its intent to Council regarding their desire to serve on the dispose of the foregoing interest in the Property following Boards/Commissions: and overruled all objections thereto; and Housing Commission: Three 3-year terms WHEREAS, the City Council finds that it is in through August 17, 2012 (Terms of Culbert-the best interest of the City to approve the son, Holz and Kapler). Applicants: Dorothy disposition of such interest in the Property. Culbertson, 2095 University Avenue; Jim Holz, NOW, THEREFORE, BE IT RESOLVED BY 2010 Indiana Court; and David Kapler, 827 THE CITY COUNCIL OF THE CITY OF Patricia Ann Drive. DUBUQUE, IOWA: Section 1. The City Council of the City of Appointments to the following Dubuque approves the disposition of the City’s Boards/Commissions: interest in the foregoing-described Property by Civil Service Commission: One 4-year term lease to Dubuque Montessori School, Inc. through April 6, 2012 (Term of Krueger). Appli-Section 2. The Mayor is hereby authorized cants: Tom Rawson, 2310 Knob Hill Drive; and directed to sign this Resolution and the John Stevens, 2215 Graham Circle; Elizabeth Lease Agreement. Takes, 1245 Dunleith Court. Upon City Council Passed, approved and adopted this 3rd day concurrence, the Mayor appointed Elizabeth of August, 2009. Takes to the Civil Service Commission for a 4-Roy D. Buol, Mayor year term through April 6, 2012. Attest: Jeanne F. Schneider, CMC, City Clerk Transit Board of Trustees: One 3-year term through July 30, 2012 (Term of Stedman). Fire Station No. 4 – Door Replacement Applicants: Thomas Croissant, 444 Angella Project: Proof of publication on notice of public Book 139 Regular Session, August 3, 2009 271 hearing to consider the plans, specifications, contract and estimated cost of $769,670 for form of contract and estimated cost of $81,150 the Historic Shot Tower Rehabilitation Project for the Fire Station No. 4 – Door Replacement and City Manager recommending approval. Project and City Manager recommending ap-Motion by Lynch to receive and file the docu- proval. Motion by Jones to receive and file the ments and adopt Resolution No. 278-09 Ap- documents and adopt Resolution No. 276-09 proving plans, specifications, form of contract, Approving plans, specifications, form of con-and estimated cost for the Historic Shot Tower tract, and estimated cost for the Fire Station Rehabilitation Project. Seconded by Braig. No. 4 – Door Replacement Project. Seconded Motion carried 7-0. by Lynch. Motion carried 7-0. RESOLUTION NO. 278-09 RESOLUTION NO. 276-09 APPROVAL OF PLANS, SPECIFICATIONS, APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED FORM OF CONTRACT, AND ESTIMATED COST FOR THE 1695 GARFIELD AVENUE COST FOR THE FIRE STATION NO. 4 RETAINING WALL REPAIR PROJECT DOOR MODIFICATIONS PROJECT NOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: That the proposed plans, specifications, That the proposed plans, specifications, form of contract and estimated cost for the form of contract and estimated cost for the Fire 1695 Garfield Avenue Retaining Wall Repair Station No. 4 Door Modifications Project, in the Project, in the total estimated amount estimated amount $81,150, are hereby ap-$125,637, are hereby approved. rd proved. Passed, adopted and approved this 3 day rd Passed, adopted and approved this 3 day of August, 2009. of August, 2009. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated li- Garfield Retaining Wall Repair Project: miting discussion to the City Council. Proof of publication on notice of public hearing ACTION ITEMS to consider the plans, specifications, form of contract and estimated cost of $125,637 for the Garfield Retaining Wall Repair Project and Every Child / Every Promise: Request of City Manager recommending approval. Motion Chad M. Chandlee to address the City Council by Connors to receive and file the documents regarding the Every Child / Every Promise and adopt Resolution No. 277-09 Approving organization and the Youth Master Plan that plans, specifications, form of contract, and has been created. Chad Chandlee, 897 Mt. estimated cost for the Garfield Retaining Wall Carmel Street, provided an oral report on the Repair Project. Seconded by Jones. Motion progress of Every Child / Every Promise. carried 7-0. Kennedy Mall – Sidewalk Ordinance: RESOLUTION NO. 277-09 Communication from James M. Shurell re- APPROVAL OF PLANS, SPECIFICATIONS, questing to address the City Council regarding FORM OF CONTRACT, AND ESTIMATED the City’s sidewalk ordinance. Motion by Lynch COST FOR THE 1695 GARFIELD AVENUE to receive and file the documents and refer to RETAINING WALL REPAIR PROJECT the City Manager. Seconded by Voetberg. Joe NOW THEREFORE, BE IT RESOLVED Bell and Jim Shurell, representing Kennedy BY THE CITY COUNCIL OF THE CITY OF Mall, 555 John F. Kennedy Road, provided an DUBUQUE, IOWA: oral presentation on their request for an ex- That the proposed plans, specifications, emption to the recent Sidewalk Ordinance form of contract and estimated cost for the citing public safety in a heavily travelled area 1695 Garfield Avenue Retaining Wall Repair and the substantial cost of installing sidewalks Project, in the total estimated amount relative to the minimal building improvement. $125,637, are hereby approved. Motion carried 6-1 with Resnick voting nay. Passed, adopted and approved this 3rd day of August, 2009. Request to Address the City Council: Re- Roy D. Buol, Mayor quest of Sgt. Lee Harlow Andre to address the Attest: Jeanne F. Schneider, CMC, City Clerk City Council regarding several issues. Motion by Lynch to receive and file. Seconded by Historic Shot Tower Rehabilitation Project: Connors. Sgt. Lee Harlow Andre, 1175 High- Proof of publication on notice of public hearing land Drive, addressed the Council regarding to consider the plans, specifications, form of 272 Regular Session, August 3, 2009 Book 139 his thoughts on the need for and the closure of Section 1. Section 11-4 of the City of Du- the Grandview Avenue Pet Park. buque Code of Ordinances is hereby amended by amending Subsection (h) as follows: Demolition by Neglect in Historic and Con-. . . . servation Districts: Historic Preservation (h) Demolition By Neglect Prohibited. The Commission recommending adoption of owner of a building or structure in any conser- amendments to Chapters 25-7 and 11-4 of the vation district shall preserve and keep in good Code of Ordinances regarding demolition by repair all of the exterior portions of such build- neglect in historic and conservation districts. ings and structures and all interior portions Motion by Connors to receive and file the docu-thereof whose maintenance is necessary to ments and that the requirement that a proposed prevent deterioration and decay of any exterior ordinance be considered and voted on for pas-portion. This shall be in addition to all other sage at two Council meetings prior to the meeting provisions of law requiring property and im- at which it is to be passed be suspended. provements to be kept in good repair. The Seconded by Jones. Motion carried 7-0. owner shall repair the building or structure to Motion by Connors for final consideration correct any of the following defects as deter- and passage of Ordinance No. 37-09 Amend-mined by the City’s Building Official: ing Chapter 11 of the City of Dubuque Code of (1) Parts which are improperly or inade- Ordinances Building Regulations by amending quately attached so that they may fall and in- Section 11-4 Demolition Permits in Conserva-jure persons or property; tion Districts to prohibit demolition by neglect (2) A deteriorated or inadequate founda- and Ordinance No. 38-09 Amending Chapter tion; 25 of the City of Dubuque Code of Ordinances (3) Defective or deteriorated floor supports Historic Preservation by amending Section 25-or floor supports that are insufficient to carry 7(B) Demolition by Neglect Prohibited. the loads imposed; Seconded by Jones. Planning Services Man-(4) Walls, partitions, or other vertical sup- ager Laura Carstens provided a staff report. ports that split, lean, list, or buckle due to de- Motion carried 7-0. fect or deterioration or are insufficient to carry the load imposed; OFFICIAL PUBLICATION (5) Ceilings, roofs, ceiling or roof supports, ORDINANCE NO. 37-09 or other horizontal members which sag, split, AMENDING CHAPTER 11 OF THE CITY OF or buckle, due to defect or deterioration or are DUBUQUE CODE OF ORDINANCES BUILD- insufficient to support the load imposed; ING REGULATIONS BY AMENDING SEC- (6) Fireplaces and chimneys which list, TION 11-4 DEMOLITION PERMITS IN CON- bulge, or settle due to defect or deterioration or SERVATION DISTRICTS TO PROHIBIT DE- are of insufficient size or strength to carry the MOLITION BY NEGLECT loads imposed; Whereas, the Historic Preservation Com-(7) Deteriorated, crumbling, or loose exte- mission has recommended amendments to rior stucco or mortar; Chapter 11 Building Regulations of the City of (8) Deteriorated or ineffective waterproof- Dubuque Code of Ordinances regarding prohi-ing of exterior walls, roofs, foundations, or bition of demolition of neglect in conservation floors, including broken windows and doors; districts; and, (9) Defective or lack of weather protec- Whereas, the City of Dubuque has estab-tion for exterior wall coverings, foundations, or lished conservation districts to allow for the floors, including broken windows and doors; City Council’s review of demolition permits that (10) Any default, defect, or condition in the might impact buildings of historic or architec-structure which renders it structurally unsafe or tural significance in these districts; and, not properly watertight; Whereas, the City Council has appointed a (11) Deterioration of any exterior feature so Historic Preservation Commission to review as to create a hazardous condition which could demolition permits in conservation districts, make demolition necessary for the public safe- and provide recommendations to the City ty; Council; and, (12) Deterioration or removal after the ef- Whereas, the City Council finds that the fective date hereof of any unique architectural recommended amendments to Chapter 11 are feature which would detract from the original consistent with the goals and objectives of the architectural style; City’s Comprehensive Plan and the purpose (13) Deterioration of exterior stairs, and intent of the City’s Code of Ordinances. porches, handrails, window and door frames, NOW, THEREFORE, BE IT ORDAINED cornices, wall facings, and architectural details BY THE CITY COUNCIL OF THE CITY OF that cause instability, loss of shape and form, DUBUQUE, IOWA: or crumbling; (14) Rotting, holes, and other forms of de- cay; or Book 139 Regular Session, August 3, 2009 273 (15) Leaving a building or structure open or owner shall repair the building or structure to vulnerable to vandalism, decay by the ele-correct any of the following defects as deter- ments, or animal and/or insect infestation. mined by the City’s Building Official: Section 2. This Ordinance shall take effect (1) Parts which are improperly or in- on publication. adequately attached so that they may fall rd Passed, approved and adopted the 3 day and injure persons or property; of August, 2009. (2) A deteriorated or inadequate foun- /s/Roy D. Buol, Mayor dation; Attest: (3) Defective or deteriorated floor sup- /s/Jeanne F. Schneider, CMC, City Clerk ports or floor supports that are insufficient Published officially in the Telegraph Herald to carry the loads imposed; th Newspaper the 7 day of August, 2009. (4) Walls, partitions, or other vertical /s/Jeanne F. Schneider, CMC, City Clerk supports that split, lean, list, or buckle due to defect or deterioration or are insufficient OFFICIAL PUBLICATION to carry the load imposed; ORDINANCE NO. 38-09 (5) Ceilings, roofs, ceiling or roof sup- AMENDING CHAPTER 25 OF THE CITY OF ports, or other horizontal members which DUBUQUE CODE OF ORDINANCES HIS- sag, split, or buckle, due to defect or dete- TORIC PRESERVATION BY AMENDING rioration or are insufficient to support the SECTION 25-7(B) DEMOLITION BY NEG- load imposed; LECT PROHIBITED (6) Fireplaces and chimneys which list, Whereas, the Historic Preservation Com-bulge, or settle due to defect or deteriora- mission has recommended amendments to tion or are of insufficient size or strength to Chapter 25 Historic Preservation of the City of carry the loads imposed; Dubuque Code of Ordinances regarding prohi-(7) Deteriorated, crumbling, or loose bition of demolition of neglect in historic dis-exterior stucco or mortar; tricts; and, (8) Deteriorated or ineffective water- Whereas, the City of Dubuque has estab-proofing of exterior walls, roofs, founda- lished historic districts to promote the educa-tions, or floors, including broken windows tional, cultural, economic, and general welfare and doors; of the public through the protection, enhance-(9) Defective or lack of weather protec- ment, and perpetuation of properties with his-tion for exterior wall coverings, foundations toric and cultural significance; and, or floors, including broken windows and doors; Whereas, the City of Dubuque safeguards (10) Any default, defect, or condition in the City’s prehistoric, historic, aesthetic, archi-the structure which renders it structurally tectural, archeological, and cultural heritage by unsafe or not properly watertight; preserving historic properties, districts, land-(11) Deterioration of any exterior fea- marks, and landmark sites of historical, archi-ture so as to create a hazardous condition tectural, and cultural significance; and, which could make demolition necessary for Whereas, the City Council finds that the the public safety; recommended amendments to Chapter 25 are (12) Deterioration or removal after the consistent with the goals and objectives of the effective date hereof of any unique archi- City’s Comprehensive Plan and the purpose tectural feature which would detract from and intent of the City’s Code of Ordinances.the original architectural style; NOW, THEREFORE, BE IT ORDAINED (13) Deterioration of exterior stairs, BY THE CITY COUNCIL OF THE CITY OF porches, handrails, window and door DUBUQUE, IOWA: frames, cornices, wall facings, and archi- Section 1. Section 25-7(b) of the City of tectural details that cause instability, loss of Dubuque Code of Ordinances is hereby shape and form, or crumbling; amended as follows: (14) Rotting, holes, and other forms of . . . . decay; or (b) Demolition By Neglect Prohibited. The (15) Leaving a building or structure owner of a building or structure in any historic open or vulnerable to vandalism, decay by district, or of a landmark or landmark site, or the elements, or animal and/or insect infes- individually designated historic property shall tation. keep in good repair all the exterior portions of Section 2. This Ordinance shall take effect such buildings or structures and all interior on publication. rd portions thereof whose maintenance is neces-Passed, approved and adopted the 3 day sary to prevent deterioration and decay of any of August, 2009. exterior portion. This shall be in addition to all /s/Roy D. Buol, Mayor other provisions of law requiring property and Attest: improvements to be kept in good repair. The /s/Jeanne F. Schneider, CMC, City Clerk 274 Regular Session, August 3, 2009 Book 139 Published officially in the Telegraph Herald lawn and grounds maintenance, or towing for th Newspaper the 7 day of August, 2009. utility as opposed to recreational uses. /s/Jeanne F. Schneider, CMC, City Clerk . . . . Section 2. Section 32-321.234A of the City Restriction of All-Terrain Vehicles (ATV) of Dubuque Code of Ordinances is amended Use: City Manager recommending approval of to read as follows: amendments to the City’s provisions on the Sec. 32-321.234A. All Terrain Vehicles. use of all-terrain vehicles (ATVs). 1. Roadway Use. Communication from Jack Nachtman, a. All-terrain vehicles shall not be oper- Manager of Mt. Calvary Cemetery Association, ated on a roadway unless one or more of urging passage of the ordinance. the following conditions apply: Motion by Connors to receive and file the (1) The all-terrain vehicle is operat- documents and that the requirement that a ed between sunrise and sunset and is proposed ordinance be considered and voted incidental to the vehicle’s use for agri- on for passage at two Council meetings prior cultural purposes. to the meeting at which it is to be passed be (2) The all-terrain vehicles’ opera- suspended. Seconded by Voetberg. Motion tion is incidental to the vehicle's use for carried 7-0 the purpose of surveying by a licensed Motion by Connors for final consideration engineer or land surveyor. and passage of Ordinance No. 39-09 Amend-(3) The all-terrain vehicle is operat- ing the City of Dubuque Code of Ordinances ed by an employee or agent of a politi- Section 32-321.1 Definitions by amending the cal subdivision or public utility for the definition of all-terrain vehicle and amending purpose of construction or maintenance Section 32-321.234A All-Terrain Vehicles Es-on or adjacent to the highway. tablishing Regulations for All-Terrain Vehicles b. A person operating an all-terrain ve- on Public Roadways, Private Property, and hicle on a roadway shall have a valid oper- Right-of-Way, Enumerating Exceptions for ator’s license. Wheelchairs, Permitted Events, Emergency c. The all-terrain vehicle shall be oper- Rescue Operations, and Establishing the Pe-ated at speeds of thirty (30) miles per hour nalty for Violation Thereof. Seconded by Voet-or less. berg. Motion carried 7-0d. When operated on a roadway, an all- terrain vehicle shall have a bicycle safety OFFICIAL PUBLICATION flag which extends not less than five (5) ORDINANCE NO. 39-09 feet above the ground attached to the rear AMENDING THE CITY OF DUBUQUE CODE of the vehicle. The bicycle safety flag shall OF ORDINANCES SECTION 32-321.1 DEFI- be triangular in shape with an area of not NITIONS BY AMENDING THE DEFINITION less than thirty (30) square inches, be day OF ALL-TERRAIN VEHICLE AND AMEND- glow in color, and shall be in lieu of the ref- ING SECTION 32-321.234A ALL-TERRAIN lective equipment required by Section 32- VEHICLES ESTABLISHING REGULATIONS 321.383 of the Code of Iowa. FOR ALL-TERRAIN VEHICLES ON PUBLIC 2. Private Property. ROADWAYS, PRIVATE PROPERTY, AND a. All-terrain vehicles shall not be oper- RIGHT-OF-WAY, ENUMERATING EXCEP- ated on private or public property unless TIONS FOR WHEELCHAIRS, PERMITTED the following conditions apply: EVENTS, EMERGENCY RESCUE OPERA- (1) The operation is between su- TIONS, AND ESTABLISHING THE PENALTY nrise and sunset. FOR VIOLATION THEREOF. (2) The property is not less than NOW, THEREFORE, BE IT ORDAINED one (1) acre in size. BY THE CITY COUNCIL OF THE CITY OF (3) The property is zoned Agricul- DUBUQUE, IOWA: tural (AG) or is zoned Planned Urban Section 1. Section 32-321.1 of the City of Development (PUD) and used for agri- Dubuque Code of Ordinances is amended to cultural purposes. read as follows: (4) If the operator of the all-terrain Sec. 32-321.1. Definitions. vehicle is not the property owner, the . . . . operator must have the written permis- All-terrain vehicle means a motor vehicle sion of the property owner. designed to travel on two (2) or more wheels (5) The all-terrain vehicle shall be and designed primarily for off-road use, but not operated at speeds of thirty (30) miles including farm tractors, construction equip-per hour or less. ment, forestry vehicles, or lawn and grounds b. The provisions of 32-321.234A(2)(a) maintenance vehicles when used for farming, shall not apply to zoned Institutional Dis- construction, commercial deliveries, forestry, tricts (ID). 3. Right-of-Way. Book 139 Regular Session, August 3, 2009 275 All-terrain vehicles shall not be operated on entered into by and between the City of Dubu- land adjacent to a highway, other than an in-que, a municipal corporation of the State of terstate road, unless the following provisions Iowa (City), and 40 Main, LLC (Developer); apply: and a. The operator of the all-terrain vehicle Whereas, this Development Agreement is the property owner or a member of the was amended (First Amendment) on May 18, owner's family. 2009; and b. The all-terrain vehicle is operated on Whereas, City and 40 Main, LLC now de- the portion of the highway right-of-way that sire to amend the Development Agreement as is between the shoulder of the roadway, or set forth attached Second Amendment. at least five (5) feet from the edge of the NOW, THEREFORE, BE IT RESOLVED roadway and the owner's property line. BY THE CITY COUNCIL OF THE CITY OF c. A person operating an all-terrain ve-DUBUQUE, IOWA: hicle within the highway right-of-way under Section 1. That the Second Amendment of this Subsection shall comply with the regis-the 40 Main, LLC Development Agreement is tration, safety, and age requirements under hereby approved. Iowa Code, Chapter 321I. Section 2. That the Mayor is hereby autho- 4. The provisions of this Section shall not rized and directed to execute said Second apply to use of a wheelchair or other similar Amendment on behalf of the City of Dubuque conveyance when used for transportation by and the City Clerk is authorized and directed to any temporarily or permanently disabled per-attest to his signature. son. Section 3. That the City Manager is autho- 5. The provisions of this Section shall not rized to take such actions as are necessary to apply to the above proscribed conveyances implement the terms of the Second Amend- when used in any parade, exhibition, or ga-ment as herein approved. thering of persons which has been authorized Passed, approved and adopted this 3rd by permit from the City Manager. day of August, 2009. 6. The provisions of this Section shall not Roy D. Buol, Mayor apply to all-terrain vehicles operated by an Attest: Jeanne F. Schneider, CMC, City Clerk employee or agent of a public agency for the purpose of providing emergency services or Residential Parking Permit Districts: City rescue. Manager recommending approval of a change 7. A person convicted of a violation of this in the Code of Ordinances regarding the Resi- Section is guilty of a simple misdemeanor pu-dential Parking Permit Program to accommo- nishable as a scheduled violation under Iowa date non-dwelling units (i.e., businesses) with- Code Section 805.8A. in a Residential Parking Permit District. Motion Section 3. This Ordinance shall take effect by Jones to receive and file the documents on publication. and that the requirement that a proposed or- rd Passed, approved and adopted the 3 day dinance be considered and voted on for pas- of August, 2009. sage at two Council meetings prior to the /s/Roy D. Buol, Mayor meeting at which it is to be passed be sus- Attest: pended. Seconded by Voetberg. Motion car- /s/Jeanne F. Schneider, CMC, City Clerk ried 7-0. Published officially in the Telegraph Herald Motion by Jones for final consideration and th Newspaper the 7 day of August, 2009. passage of Ordinance No. 40-09 Amending /s/Jeanne F. Schneider, CMC, City Clerk City of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic, Article VIII Amendment to Development Agreement – Stopping, Standing and Parking, Division VII 40 Main, LLC: City Manager recommending Residential Parking Permit Program, Section approval of the second amendment to the De-32-321.725 Issuance of Residential Parking velopment Agreement with 40 Main, LLC. Mo-Permit authorizing the City Manager to issue tion by Connors to receive and file the docu-permits for non-residential property. Seconded ments and adopt Resolution No. 279-09 Ap-by Braig. Motion carried 7-0. proving the Second Amendment to the 40 OFFICIAL PUBLICATION Main, LLC Development Agreement. ORDINANCE NO. 40-09 Seconded by Voetberg. Motion carried 7-0. AMENDING CITY OF DUBUQUE CODE OF RESOLUTION NO. 279-09 ORDINANCES CHAPTER 32 MOTOR VE- APPROVING THE SECOND AMENDMENT HICLES AND TRAFFIC, ARTICLE VIII TO THE 40 MAIN, LLC DEVELOPMENT STOPPING, STANDING AND PARKING, AGREEMENT DIVISION VII RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 32-321.725 Whereas, a Development Agreement (the ISSUANCE OF RESIDENTIAL PARKING Agreement), dated January 15, 2009, was 276 Regular Session, August 3, 2009 Book 139 PERMIT AUTHORIZING THE CITY MANAG- Awarding contract for the Iowa 32 Hike / Bike ER TO ISSUE PERMITS FOR NON- Trail Phase 2 Project. Seconded by Connors. RESIDENTIAL PROPERTY Motion carried 7-0. Section. 1. City of Dubuque Code of Or- RESOLUTION NO. 280-09 dinances § 32-321.725(a) is amended by add- AWARDING CONTRACT ing the following: The owner of a non-residential build-WHEREAS, sealed proposals have been ing in a parking permit district which submitted by contractors for the Iowa 32 was formerly a residential building Hike/Bike Trail, Phase 2 Project pursuant to may apply for residential parking per-Resolution No. 225-09, and notice to bidders mits as provided herein. The number published in a newspaper published in the City of permits which may be issued for of Dubuque, Iowa, on the 10th day of July, such non-residential building shall be 2009. limited to the number of permits that WHEREAS, said sealed proposals were would have been available when the opened and read on the 23rd day of July, building was used for residential pur-2009, and it has been determined that the bid poses. of Connolly Construction in the amount of rd Passed, approved and adopted this 3day $187,248 was the lowest bid for the furnish- of August, 2009. ings of all labor and materials and performing /s/Roy D. Buol, Mayor the work as provided for in the plans and spe- Attest: cifications. /s/Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED Published officially in the Telegraph Herald BY THE CITY COUNCIL OF THE CITY OF th Newspaper the 7 day of August, 2009. DUBUQUE, IOWA: /s/Jeanne F. Schneider, CMC, City Clerk That the contract for the above improve- ment be awarded to Connolly Construction, U.S. Department of Commerce – Econom-and the Manager be and is hereby directed to ic Development Administration: Communica-execute a contract on behalf of the City of Du- tion from Dennis Alvord, Economic Develop-buque for the complete performance of the ment Administration, advising that the City of work. Dubuque is the winner of the EDA Excellence BE IT FURTHER RESOLVED: in Economic Development Awards 2009 in the That upon the signing of said contract and category of Excellence in Historic Preserva-the approval of the contractor's bond, the City tion-Led Strategies. Motion by Voetberg to Treasurer is authorized and instructed to re- receive and file the documents. Seconded by turn the bid deposits of the unsuccessful bid- Resnick. Motion carried 7-0. ders. Passed, approved and adopted this 3rd July 3 Fireworks Display: City Manager re-day of August, 2009. commending that the request of the Dubuque Roy D. Buol, Mayor Jaycees, KDTH, KGRR and the River to con-Attest: Jeanne F. Schneider, CMC, City Clerk duct a fireworks display on July 3, 2010 and right of first refusal on the dates in future years Trail Project at Bergfeld Recreation Area: be approved subject to the annual submittal City Manager recommending award of the and approval of a City of Dubuque Special public improvement contract for the Trail Event Permit. Motion by Connors to receive Project at Bergfeld Recreation Area to Drew and file the documents and approve the rec-Cook and Sons in the amount of $392,087.70. ommendation. Seconded by Braig. Motion Motion by Connors to receive and file the doc- carried 7-0. uments and adopt Resolution No. 281-09 Awarding contract for the Trail Project at Berg- 2009 – 2010 Deer Management Plan: City feld Recreation Area. Seconded by Lynch. Manager recommending approval of the 2009 Motion carried 7-0. – 2010 Urban Deer Management Program. RESOLUTION NO. 281-09 Motion by Lynch to receive and file the docu- AWARDING CONTRACT ments and approve the recommendation. Seconded by Resnick. Motion carried 7-0. WHEREAS, sealed proposals have been submitted by contractors for the Trail at Berg- Iowa 32 Hike / Bike Trail Phase 2 Project: feld Recreation Area Project pursuant to Reso- City Manager recommending award of the lution No. 228-09, and notice to bidders pub- public improvement contract for the Iowa 32 lished in a newspaper published in the City of Hike / Bike Trail Phase 2 Project to Connolly Dubuque, Iowa, on the 10th day of July, 2009. Construction in the amount of $187,248.00. WHEREAS, said sealed proposals were Motion by Jones to receive and file the docu-opened and read on the 23rd day of July, ments and adopt Resolution No. 280-09 2009, and it has been determined that the bid Book 139 Regular Session, August 3, 2009 277 of Drew Cook and Sons in the amount of That a Public Improvement Contract for the $392,087.70 was the lowest bid for the furnish-Project is hereby awarded to Tschiggfrie Ex- ings of all labor and materials and performing cavating Company, subject to the concurrence the work as provided for in the plans and spe-by Iowa Department of Transportation (Iowa cifications. DOT), and the City Manager is hereby directed NOW THEREFORE, BE IT RESOLVED to execute a Public Improvement Contract on BY THE CITY COUNCIL OF THE CITY OF behalf of the City of Dubuque for the Project. rd DUBUQUE, IOWA: Passed, approved and adopted this 3 day That the contract for the above improve-of August, 2009. ment be awarded to Drew Cook and Sons, and Roy D. Buol, Mayor the Manager be and is hereby directed to ex-Attest: Jeanne F. Schneider, CMC, City Clerk ecute a contract on behalf of the City of Dubu- que for the complete performance of the work. National League of Cities Institute for BE IT FURTHER RESOLVED: Youth, Education and Families: The National That upon the signing of said contract and League of Cities Institute for Youth, Education the approval of the contractor's bond, the City and Families with support from the Charles Treasurer is authorized and instructed to re-Stewart Mott Foundation has selected Dubu- turn the bid deposits of the unsuccessful bid-que as one of the first twelve cities to partici- ders. pate in a learning community for municipal Passed, approved and adopted this 3rd leaders seeking to re-engage disconnected day of August, 2009. youth and the City Manager is requesting one Roy D. Buol, Mayor or two City Council volunteers to participate in thth Attest: Jeanne F. Schneider, CMC, City Clerk a national summit on October 11 – 13 in Boston, Massachusetts. Motion by Connors to thth Locust Street Resurfacing – 9 to 17 receive and file the documents and select Streets Project: City Manager recommending Mayor Buol and Council Member Connors as award of the contract for the Locust Street participants. Seconded by Resnick. Motion thth Resurfacing – 9 to 17 Streets Project to carried 7-0. Tschiggfrie Excavating Company in the COUNCIL MEMBER REPORTS amount of $540,420.12, subject to Iowa De- partment of Transportation approval. Motion by Voetberg to receive and file the documents Resnick congratulated Leisure Services and adopt Resolution No. 282-09 Awarding Manager Gil Spence and the Leisure Services public improvement contract for the Locust staff on the successful Eagle Point Park 100th ththnd Street Resurfacing – 9 to 17 Streets Project. Anniversary Party held August 2. Seconded by Jones. Motion carried 7-0. Jones thanked the Telegraph Herald for its article on police officers who must deliver nd RESOLUTION NO. 282-09 death notifications published August 2. AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE LOCUST STREET AS-PUBLIC INPUT PHALT RESURFACING PROJECT (9TH STREET TO 17TH STREET), IOWA DOT Marcos Rubenstein, 663 Fenlon Place, re- PROJECT NO. STP-U-2100 (641)--70-31 quested that a group of City staff be put to- Whereas, sealed proposals have been gether to look at the concept of community submitted by contractors for the Locust Street gardens. thth Asphalt Resurfacing Project (9 Street to 17 CLOSED SESSION Street) Project (Iowa DOT Project No. STP-U- 2100(641)--70-31) (the Project) pursuant to Resolution No. 232-09 and Notice to Bidders Motion by Jones to go into closed session published in a newspaper published in the City at 8:09 p.m. regarding pending litigation and th of Dubuque, Iowa on the 10 day of July, property acquisition pursuant to Chapter 2009. 21.5(1)(c)(j) of the Code of Iowa. Seconded by Whereas, said sealed proposals were Connors. Motion carried 7-0. opened and read by the Iowa Department of Upon motion the City Council reconvened st Transportation on the 21 day of July, 2009 in open session at 8:49 p.m. stating that staff and it has been determined that Tschiggfrie had been given proper direction. Excavating Company of Dubuque, Iowa, with a bid in the amount of $540,420.12, is the lowest There being no further business, upon mo- responsive, responsible bidder for the Project. tion the City Council adjourned at 8:50 p.m. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF /s/Jeanne F. Schneider, CMC DUBUQUE, IOWA: City Clerk 278 Special & Regular Sessions, August 12 & 17, 2009 Book 139 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special The Dubuque City Council met in regular session at 4:45 p.m. on August 12, 2009, in session at 6:30 p.m. on August 17, 2009 in the Conference Room B at City Hall. Historic Federal Building. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet-Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Attorney Lindahl berg, City Manager Van Milligen, City Attorney Lindahl Absent: City Manager Van Milligen Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is a regular session of the City Council to act a special session of the City Council to act upon such business that may properly come upon such business that may property come before the City Council. before the City Council. Pledge of Allegiance Motion by Jones to receive, file and adopt Resolution No. 283-09 Granting the issuance Invocation was provided by Pastor Terry of a Class “C” Beer/Liquor License (One-Day Bemis of Assembly of God Church. Special Event) to the Fraternal Order of Eagles. PROCLAMATIONS Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 283-09 Irish Hooley Day (August 29, 2009) was Whereas, applications for liquor licenses accepted by Joe Blodgett, 256 Nevada Street; have been submitted and filed to this Council Tour de Dubuque Day (August 29, 2009) was for approval and the same have been ex-accepted by Baird Sessions, 2145 Garfield amined and approved: and Avenue. Whereas, the premises to be occupied by CONSENT ITEMS such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. Motion by Lynch to receive and file the NOW, THEREFORE, BE IT RESOLVED documents, adopt the resolutions, and dispose BY THE CITY COUNCIL OF THE CITY OF of as indicated. Seconded by Connors. Voet- DUBUQUE, IOWA: berg requested (#16) Automated Agenda That the Manager be authorized to cause Management Request for Proposals and (#27) to be issued the following named applicant a Signed Contracts be held for separate discus- Beer Permit. sion. Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE Fraternal Order of Eagles, Eagles Club (One-Minutes and Reports Submitted: Cable TV day outdoor service), 1175 Century Drive Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil Service Commis- th Passed, approved and adopted this 12 sion of 7/10; Library Board of Trustees of 5/28 day of August, 2009. and 6/25; Park and Recreation Commission of Roy D. Buol, Mayor 7/14; Transit Board of Trustees of 5/14; Zoning Attest: Jeanne F. Schneider, CMC, City Clerk Advisory Commission of 8/5 Proofs of publication of City Council Pro- There being no further business, upon mo-ceedings of July 9 and 20, 2009 tion the meeting adjourned at 4:47 p.m. Official Proceedings of the City Council for 2008 /s/Jeanne F. Schneider, CMC Upon motion the documents were received City Clerk and filed. Notice of Claims/Suits: Linda Beau for ve- hicle damage; Progressive Northern Insurance Company (representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for vehicle damage. Upon motion the documents Book 139 Regular Session August 17, 2009 279 were received and filed and referred to the City days from the date of filing of the final sche- Attorney. dule. On or before the date of the second pub- lication of the notice, the City Clerk shall also City Attorney advising that the following mail a copy of said notice to property owners claims have been referred to Public Entity Risk whose property is subject to assessment, as Services of Iowa, the agent for the Iowa Com-provided and directed in Iowa Code § 384.60. munities Assurance Pool: Linda Beau for ve-The assessments may be paid in full or in hicle damage; Progressive Northern Insurance part without interest at the office of the City th Company for vehicle damage; Jacob Schmitz Treasurer, City Hall, 50 W. 13 Street, Dubu- for vehicle damage. Upon motion the docu-que, Iowa, at any time within 30 days after the ments were receive and filed and concurred. date of the first publication of the notice of the filing of the Schedule of Assessments with the First Half of 2009 Weed Assessments: City County Treasurer. After 30 days, unpaid as- Manager recommending approval of the levy sessments of $100.00 or more are payable in of special assessments for the first half of the 10 annual installments at the County Treasur- 2009 Weed Enforcement Program in the total er’s Office, Dubuque County Courthouse, 720 amount of $1,067.50. Upon motion the docu-Central Avenue, Dubuque, Iowa, and will draw ments were received and filed and Resolution annual interest at nine (9) percent (commenc- No. 284-09 Adopting the schedule of assess-ing on the date of acceptance of the work) ments for the first half of the 2009 computed to December 1 next following the Weed/Garbage/Junk Enforcement Program due dates of the respective installments as specifying the number of annual installments provided in Section 384.65 of the Code of into which assessments are divided, the inter-Iowa. Each installment will be delinquent from est on all unpaid installments, the time when October 1 following its due date on July 1 of the assessments are payable and directing the each year. Property owners may elect to pay clerk to certify the schedule of assessments to any annual installments semiannually in ad- the County Treasurer and to publish notice vance. thereof was adopted. Passed, approved and adopted this 17th day of August, 2009. RESOLUTION NO. 284-09 Roy D. Buol, Mayor ADOPTING THE SCHEDULE OF ASSESS- Attest: Jeanne F. Schneider, CMC, City Clerk MENTS FOR THE FIRST HALF OF THE 2009 WEED/GARBAGE/JUNK ENFORCEMENT SCHEDULE OF ASSESSMENTS FOR THE PROGRAM SPECIFYING THE NUMBER OF FIRST HALF OF THE 2009 ANNUAL INSTALLMENTS INTO WHICH WEED/GARBAGE/JUNK ENFORCEMENT ASSESSMENTS ARE DIVIDED, THE INTER-PROGRAM EST ON ALL UNPAID INSTALLMENTS, THE Property Address/Location, Owner, Legal TIME WHEN THE ASSESSMENTS ARE Description, Assessment, Category PAYABLE AND DIRECTING THE CLERK TO Asbury Rd, 3102, Jonathan Slaght & CERTIFY THE SCHEDULE OF ASSESS- MacKenzie Kass, 3102 Asbury Rd, Dubuque MENTS TO THE COUNTY TREASURER IA 52001, Lot 2-1 Giesel Highland Park, AND TO PUBLISH NOTICE THEREOF $77.50, Weed/grass cutting NOW, THEREFORE, BE IT RESOLVED W Locust, 481, Carrie Sharkey & Derek BY THE CITY COUNCIL OF THE CITY OF Wong, 481 W Locust, Dubuque, IA 52001, Lot DUBUQUE, IOWA: 7 & W 1/2 Lot 6 Coxs Add, $77.50, That after full consideration of the Sche-Weed/grass cutting dule of Assessments attached hereto for the Tanzanite Dr, 760, Peter Eck, Equity First Half of the 2009 Weed/Garbage/Junk Builders LLC, P O Box 208, Lake Zurich IL Enforcement Program which Schedule of As-60047-0208, Lot 5 Emerald Acres #1, $95.00, sessments was filed in the office of the city Weed/grass cutting th Clerk on the 12 day of August, 2009, the said Sapphire Circle, 640, Peter Eck, Equity Schedule of Assessments be and the same is Builders LLC, P O Box 208, Lake Zurich IL hereby approved and adopted. 60047-0208, LOT 2-2 Emerald Acres No. 4, That there be, and is herby assessed and $60.00, Weed/grass cutting levied as a special tax against and upon each Ashton Place, 1610, Gerald J & Erin R of the lots, the respective sums indicated. Mayne, 410 S Harrison St., Lancaster WI That the City Clerk be and is hereby di-53813-1903, Lot 293 Woodlawn Park Add, rected to certify said schedule to the County $77.50, Weed/grass cutting Treasurer of Dubuque County, Iowa, and to North Grandview, 1555, Timothy & Sandra publish notice of said certification once each Kohl, 1555 N Grandview, Dubuque IA 52001, week for two consecutive weeks in the manner Lot 93 Woodlawn Park Add, $77.50, provided in Iowa Code § 362.3, the first publi-Weed/grass cutting cation of which shall be not more than fifteen 280 Regular Session, August 17, 2009 Book 139 Clark Street, 439, Secretary of HUD, c/o solid waste reduction program for its residents; Countrywide Home Loans Inc, 7105 Corporate and Drive PTX-C-35, Plano TX 75024, W 43' of Lot Whereas, a proposed comprehensive plan, 7 of E Pt of City Lot 682 & Lot 2-6 & Pt of City as described in section 455B.306 of the Code lot 682, $77.50, Weed/grass cutting of Iowa has been prepared by the Dubuque Rhomberg, 1311, Freedom Development Metropolitan Area Solid Waste Agency and Co LLC, 2250 Kennedy Circle, #7, Dubuque IA Delaware County Solid Waste Disposal Com- 52002, Lot 1-58 McCraney's 1st Add, $77.50, mission at the direction of and with the partici- Weed/grass cutting pation of the City Council of the City of Dubu- Cooper Pl, 555, Stacey & Michael Killian, que, Iowa, which plan is entitled Comprehen- 555 Cooper Pl, Dubuque IA 52001, Lot 16 sive Plan Update and is dated September 1, Cooper Hgts Add, $60.00, Weed/grass cutting 2009; and Tanzanite Dr, lot next to 585, Peter Eck, Whereas, the City Council of the City of Equity Builders LLC, P O Box 208, Lake Zurich Dubuque, Iowa has determined that the adop- IL 60047-0208, Lot 5 Emerald Acres #4, tion and implementation of the proposed com- $95.00, Weed/grass cutting prehensive plan is in its best interest, with re- Pine, 1331, Leonard Helbing, 1331 Pine, spect to satisfying its statutory duties. Dubuque IA 52001, W 1/2 65' Lot 208 East Now, therefore, it is hereby resolved by the DBQ Add, $60.00, Weed/grass cutting CITY COUNCILof the CITY OF DUBUQUE, W 3rd, 1815, Corey Bonner, 1815 W 3rd IOWA: St, Dubuque IA 52001, Lots 13, 13A, 14 & 1. That the City Council of the City of 14A Hodges Sub #2, $95.00, Weed/grass cut-Dubuque, Iowa does hereby approve and ting adopt the Comprehensive Plan update as its Heeb, 1783, Shannon & Toby Dingbaum, comprehensive solid waste reduction plan, 18567 Drexel St., Omaha NE 68135, Lot 2-7 provided that any changes in said plan hereaf- of City Lot 675, $77.50, Weed/grass cutting ter proposed by the Agency or required by the Reis, 714, Charlie & Christina Ties, 2753 Iowa Department of Natural Resources shall Broadway, Dubuque, IA 52001, Lot 3-4 Geig-be subject to the approval of the City Council ers Sub, $60.00, Weed/grass cutting of the City of Dubuque, Iowa. 2. That the City council of the City of DMASWA Comprehensive Solid Waste Dubuque, Iowa shall implement and participate Management Plan Update: City Manager re-in the programs set forth in the Comprehen- commending approval of the Dubuque Metro-sive Plan Update. politan Area Solid Waste Agency’s 2009 Com-3. That the Dubuque Metropolitan Area prehensive Solid Waste Management Plan Solid Waste Agency is authorized to submit on Update. Upon motion the documents were behalf of the City Council of the City of Dubu- received and filed and Resolution No. 285-09 que, Iowa the Comprehensive Plan Update to Adopting the Dubuque Metropolitan Area Solid the Iowa Department of Natural Resources in Waste Agency’s 2009 Comprehensive Solid satisfaction of Section 455B.306(1) of the Waste Management Plan Update was Code of Iowa. adopted. Passed, adopted, and approved this 17th day of August, 2009 RESOLUTIONNO.285-09 Roy D. Buol, Mayor ADOPTING THE DUBUQUE METROPOLI- Attest: Jeanne F. Schneider, CMC, City Clerk TAN AREA SOLID WASTE AGENCY’S COMPREHENSIVE SOLID WASTE MAN- Civil Service Commission: Civil Service AGEMENT PLAN UPDATE Commission submitting the certified list for the Whereas, Section 455B.302 of the Code of positions of Police Chief and Equipment Oper- Iowa requires every city and county of this ator II. Upon motion the documents were re- state to provide for the establishment and op-ceived and filed and made a Matter of Record. eration of a comprehensive solid waste reduc- tion program consistent with the waste man-August 6, 2009 agement hierarchy under section 455B.301A, Honorable Mayor and and a sanitary disposal project for final dispos-Members of the City Council al of solid waste by its residents; and In accordance with Chapter 400 of the Whereas, Section 455B.306(1) of the Code Code of Iowa, an examination for the position of Iowa requires that all cities and counties file of Police Chief was administered. We hereby with the Director of the Department of Natural certify that the individuals listed below have Resources a comprehensive plan detailing the passed this written examination and that va- method by which the city or county will comply cancy for this position should be made from with the requirements of section 455B.302 to this list and that the list is good for one (1) year establish and implement a comprehensive from above date. Book 139 Regular Session August 17, 2009 281 POLICE CHIEF the amount of $58,900.00, is the lowest res- Craig Berte Todd Miller ponsive, responsible bidder for the Project. Michael Venema Michael Tupper NOW THEREFORE, BE IT RESOLVED Michael Thornley Jon Mark Fehlman BY THE CITY COUNCIL OF THE CITY OF Mark Dalsing Gerald Mines DUBUQUE, IOWA: Justin Paul Thomas Sheehan That a Public Improvement Contract for the Joseph Lager Project is hereby awarded to Portzen Con- Respectfully submitted, struction and the City Manager is hereby di- /s/ Dan White rected to execute a Public Improvement Con- /s/ James Schilling tract on behalf of the City of Dubuque for the /s/ Betty Takes, Project. Civil Service Commission Passed, approved and adopted this 17th day of August, 2009. August 6, 2009 Roy D. Buol, Mayor Honorable Mayor and Attest: Jeanne F. Schneider, CMC, City Clerk Members of the City Council In accordance with Chapter 400 of the Iowa National Guard Training: City Manag- Code of Iowa, an examination for the position er recommending approval of a usage agree- of Equipment Operator II was given on July 7, ment with the Iowa National Guard allowing 2009. We hereby certify that the individuals the Guard to do training at the former Roose- listed below have passed this written examina-velt Park. Upon motion the documents were tion and that vacancies for this position should received, filed and approved. be made from this list and that the list is good for two (2) years from above date. Historic/Architectural Survey – Phase VI: City Manager recommending approval to sub- EQUIPMENT OPERATOR II mit a Certified Local Government (CLG) grant Gary L. Valentine Robert J. Barry application in the amount of $19,000 for the William P. Gansen Mark A. Meyer Phase VI Intensive Architectural/Historic Sur- Tim Lattner Jim Powers vey and Evaluation. Upon motion the docu- Jerome Ben Brian J. Lochner ments were receive, filed and approved. Christian L. Kloft John Leytem Respectfully submitted, Four Mounds Illustrated Site Plan: City /s/ Dan White Manager recommending approval to submit a /s/ James Schilling Certified Local Government (CLG) grant appli- /s/ Betty Takes, cation in the amount of $9,700 for an Illu- Civil Service Commission strated Site Plan for Four Mounds. Upon mo- tion the documents were received, filed and Fire Station No. 4 Door Replacement approved. Project: City Manager recommending award of the public improvement contract for the Fire Community Development Block Grant Re- Station No. 4 Door Replacement Project to covery (CDBG-R): City Manager recommend- Portzen Construction in the amount of ing approval of a Community Development $58,900. Upon motion the documents were Block Grant Recovery grant agreement with received and filed and Resolution No. 286-09 the U.S. Department of Housing and Urban Awarding public improvement contract for the Development in the amount of $328,269 from Fire Station No. 4 Door Replacement Project the federal stimulus package. Upon motion the was adopted. documents were received and filed and Reso- lution No. 287-09 Authorizing execution of a RESOLUTION NO. 286-09 Community Development Block Grant Recov- AWARDING PUBLIC IMPROVEMENT CON- ery grant agreement with the U.S. Department TRACT FOR THE FIRE STATION NO. 4 of Housing and Urban Development was DOOR MODIFICATIONS PROJECT adopted. Whereas, sealed proposals have been RESOLUTION NO. 287-09 submitted by contractors for the Fire Station AUTHORIZING EXECUTION OF A COMMU- No. 4 Door Modifications Project (the Project) NITY DEVELOPMENT BLOCK GRANT RE- pursuant to Resolution No. 250-09 and Notice COVERY (CDBG-R) GRANT AGREEMENT to Bidders published in a newspaper published WITH THE U.S. DEPARTMENT OF HOUS- in the City of Dubuque, Iowa on the 24th day ING AND URBAN DEVELOPMENT. of July, 2009. Whereas, said sealed proposals were Whereas, the City of Dubuque has re- th opened and read on the 7 day of August, ceived funding from the U.S. Department of 2009 and it has been determined that Portzen Housing and Urban Development (HUD) for Construction of Dubuque, Iowa, with a bid in 282 Regular Session, August 17, 2009 Book 139 SCHWARTZ AT 1553 MAPLE STREET IN the Community Development Block Grant Re- DUBUQUE COUNTY, IOWA, FOR THE BEE covery (CDBG-R) grant ; and BRANCH CREEK RESTORATION PROJECT Whereas, the substantial amendment to the Fiscal Year 2008 Action Plan has been WHEREAS, the City of Dubuque (City) in- approved by the U.S. Department of Housing tends to acquire real property for Bee Branch and Urban Development for the amount of Creek Restoration Project. The property, cur- $328,269; and rently owned by Milton Schwartz (Owner), is Whereas, a grant agreement covering the legally described as follows (the Property): activities proposed to be carried out with the Northerly ½ of Lot 289 in East Dubuque No. 2, Community Development Block Grant Recov-an Addition in the City of Dubuque, Iowa, ac- ery (CDBG-R) grant has been transmitted to cording to the recorded plat thereof; and the City of Dubuque by the U. S. Department WHEREAS, the City Council finds that of Housing and Urban Development. there is a reasonable expectation the City will NOW, THEREFORE, BE IT RESOLVED be able to proceed with and complete the Bee BY THE CITY COUNCIL OF THE CITY OF Branch Creek Restoration Project, comply with DUBUQUE, IOWA: all applicable standards and obtain the neces- Section 1. That the Grant Agreement, au-sary permits; and thorized by the U.S. Department of Housing WHEREAS, Iowa law requires that City and Urban Development for the Community must make a good faith effort to negotiate with Development Block Grant Recovery (CDBG-R) Owner to purchase the Property before pro- grant to the City of Dubuque in the amount of ceeding with condemnation; and $328,269 and identified as Grant Number B-WHEREAS, City caused an appraisal of 09-MY-19-0004 is hereby accepted. the Property to be made and the appraised Section 2. That the Mayor of the City of value of the Property is $62,000; and Dubuque be and he is hereby authorized and WHEREAS, City has made an offer to pur- directed to execute said Grant Agreement on chase the Property for not less than its fair behalf of the City of Dubuque, Iowa as per the market value; and grant requirements. WHEREAS, City has been unable after th Passed, approved and adopted 17 day of good faith negotiations to reach an agreement August 2009. with Owner for the acquisition of the Property. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, City Clerk BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA, AS FOLLOWS: PEG Capital Grant Expenditure: City Man-Section 1. The City Manager and the City ager recommending approval of the Cable TV Attorney are hereby authorized to commence Tele-Programming Commission recommenda-eminent domain proceedings for the acquisi- tions for funding from the Public, Educational, tion of the Property and to take such further and Government (PEG) Capital Grant for action as may be necessary for the acquisition Access Equipment and Facilities in the amount of the Property. th of $2,500 for Wahlert High School and Passed, adopted and approved this 17 $41,500 for Loras College. Upon motion the day of August, 2009. documents were received, filed and approved. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bee Branch Creek Restoration Project: As- sistant City Attorney Tim O’Brien recommend-40 Main, LLC – Consent to Collateral As- ing approval of the commencement of eminent signment of Development Agreement: City domain proceedings to acquire the property Manager recommending approval of the Con- located at 1553 Maple Street as part of the sent to the Collateral Development Agreement Bee Branch Creek Restoration Project. Upon between the City of Dubuque and 40 Main, motion the documents were received and filed LLC for purposes of financing this redevelop- and Resolution No. 288-09 Authorizing the ment project. Upon motion the documents commencement of eminent domain proceed-were received, filed and approved. ings for the acquisition of certain real property owned by Milton Schwartz at 1553 Maple Cell Phone Service and Handsets – Re- Street in Dubuque County, Iowa, for the Bee quest for Proposals: City Manager recom- Branch Creek Restoration Project was mending approval of the issuance of a Re- adopted. quest for Proposals for Cellular Phone Service and Handsets. Upon motion the documents RESOLUTION NO. 288-09 were received, filed and approved. AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR Automated Agenda Management – Re- THE ACQUISITION OF CERTAIN REAL quest for Proposals: City Manager recom- PROPERTY OWNED BY MILTON mending approval of the issuance of a Re- Book 139 Regular Session August 17, 2009 283 quest for Proposals for an Automated Agenda Wartburg Place – Conceptual Develop- Management System. Motion by Voetberg to ment Plan: Zoning Advisory Commission ad- receive and file the documents and approve vising that the proposed changes to the the recommendation. Seconded by Connors. adopted conceptual development plan for the Motion carried 7-0. 300 block of Wartburg Place do not represent a significant change. Upon motion the docu- Bee Branch Floodwall Pumping Station ments were received and filed. Auxiliary Power Project: City Manager recom- mending acceptance of the Bee Branch Brownfield/Grayfield Redevelopment Tax Floodwall Pumping Station Auxiliary Power Credit Application – 40 Main, LLC: City Man- Project, as completed by A&G Electric, in the ager recommending approval for the City of final contract amount of $338,758. Upon mo-Dubuque to sponsor a Brownfield/Grayfield tion the documents were received and filed Redevelopment Tax Credit Application to the and Resolution No. 289-09 Accepting the Bee Iowa Department of Economic Development Branch Floodwall Pumping Station Auxiliary on behalf of 40 Main, LLC. Upon motion the Power Project was adopted. documents were received and filed and Reso- lution No. 290-09 Approving a Brown- RESOLUTION NO. 289-09 field/Grayfield Redevelopment Tax Credit Ap- ACCEPTING THE BEE BRANCH FLOOD- plication to the Iowa Department of Economic WALL PUMPING STATION AUXILIARY Development on behalf of 40 Main, LLC, was POWER PROJECT AND AUTHORIZING THE adopted. PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR RESOLUTION NO. 290-09 APPROVING A BROWNFIELD/GRAYFIELD Whereas, the Public Improvement Contract REDEVELOPMENT TAX CREDIT APPLICA- for the Bee Branch Floodwall Pumping Station TION TO THE IOWA DEPARTMENT OF Auxiliary Power Project (the Project) has been ECONOMIC DEVELOPMENT, ON BEHALF completed and the City Engineer has ex- OF 40 MAIN, LLC. amined the work and filed a certificate stating that the Project has been completed according Whereas, the State of Iowa has estab- to the terms of the Public Improvement Con-lished a Brownfield/Grayfield Tax Credit Pro- tract and that the City Engineer recommends gram to assist in the redevelopment of Iowa that the Project be accepted. brownfields and grayfields; and NOW THEREFORE, BE IT RESOLVED Whereas, the 40 Main building is located BY THE CITY COUNCIL OF THE CITY OF on a previous Brownfield site; and DUBUQUE, IOWA: Whereas, the 40 Main project will provide Section 1. The recommendation of the City much needed residential development to the Engineer is approved and the Project is hereby downtown area; and accepted. Whereas, the City Council finds that the Section 2. The Finance Director is hereby proposed application is acceptable and neces- directed to pay to the Contractor from the sary to the growth and development of the city. General Fund (DRA Gaming) appropriation for NOW THEREFORE, BE IT RESOLVED the contract amount of $338,758.00 less any BY THE CITY COUNCIL OF THE CITY OF retained percentage provided for therein as DUBUQUE, IOWA: provided in Iowa Code chapter 573, and to pay Section 1. The City of Dubuque agrees to such retainage only in accordance with the sponsor the Brownfield/Grayfield Redevelop- provisions of Iowa Code chapter 573. ment Tax Credit Application on behalf of 40 Passed, approved and adopted this 17th Main, LLC. day of August, 2009. Section 2. That the Mayor is hereby autho- Roy D. Buol, Mayor rized and directed to execute this Resolution Attest: Jeanne F. Schneider, CMC, City Clerk on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Letter of Support: City Manager submitting Economic Development. th a letter of support for Interstate Power and Passed, approved and adopted this 17 Light Company’s effort to obtain partial funding day of August, 2009. from the American Recovery and Reinvest-Roy D. Buol, Mayor ment Act for its Smart Grid initiatives. Upon Attest: Jeanne F. Schneider, City Clerk motion the document was received and filed. Workers’ Compensation Settlement: City Mediacom: Communication from Media-Manager recommending approval of the work- com advising of a rate increase for Mediacom ers’ compensation settlement with Bret Stier- Online effective on or about September 7, man and authorization to make payment to Mr. 2009. Upon motion the document was re-Stierman in the amount of $35,592.60. Upon ceived and filed. 284 Regular Session, August 17, 2009 Book 139 motion the documents were received, filed, Whereas, the premises to be occupied by and approved. such applicants were inspected and found to comply with the Ordinances of the City and Amendment to Collective Bargaining have filed proper bonds. Agreement: City Manager recommending ap-NOW, THEREFORE, BE IT RESOLVED proval of an amendment to the collective bar-BY THE CITY COUNCIL OF THE CITY OF gaining agreement between the City of Dubu-DUBUQUE, IOWA: que and the International Union of Operating That the Manager be authorized to cause Engineers to provide for a work week that con-to be issued the following named applicants a sists of ten hours per day and four days per Beer Permit. week for full-time Public Safety Dispatchers. CLASS “B” BEER PERMIT Upon motion the documents were received, Riverfest, Inc., Riverfest Festival +(Sunday filed, and approved. Sale), Town Clock Plaza CLASS “C” BEER PERMIT Office of the City Assessor: Communica-Dubuque Quick Stop Mart Inc., Dubuque tion from Richard A. Engelken, City Assessor, Quick Stop Mart +(Sunday Sale), 1401 Central advising that a Notice of Appeal and Petition Avenue form has been filed with the Property Assess-Passed, approved and adopted this 17th ment Appeal Board for property located at 435 day of August, 2009. Kennedy Road. Upon motion the document Roy D. Buol, Mayor was received and filed. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 292-09 Comprehensive Recycling Planning Task Force: Communication from Governor Chester Whereas, applications for Liquor Licenses J. Culver and Lt. Governor Patty Judge ap-have been submitted to this Council for ap- pointing Resource Management Coordinator proval and the same have been examined and Paul Schultz to the Comprehensive Recycling approved; and Planning Task Force. Upon motion the docu-Whereas, the premises to be occupied by ment was received and filed. such applicants were inspected and found to comply with the State Laws and all City Ordin- University of Dubuque Fireworks Display: ances relevant thereto and they have filed Communication from Jeffrey F. Bullock, Presi-proper bonds. dent – University of Dubuque, requesting per-NOW, THEREFORE, BE IT RESOLVED mission to display fireworks on Saturday, Sep-BY THE CITY COUNCIL OF THE CITY OF tember 12, 2009. Upon motion the document DUBUQUE, IOWA: was received, filed and approved. That the Manager be authorized to cause to be issued the following named applicants a Signed Contracts: Google Products and Liquor License. Services and Eco Smart Building, PC. Motion CLASS “C” BEER/LIQUOR LICENSE by Voetberg to receive and file the documents. David Erickson, Lucky 13 Tap+(Sunday Seconded by Jones. Motion carried 7-0. Sales), 385 E. 13th Street Dubuque County Historical Society, Mis- Liquor License Applications: City Manager sissippi River Museum +(Sunday/Outdoor recommending approval of annual liquor li-Sale), 350 Bell Street cense renewals as submitted. Upon motion the Donavon, Inc., Chances documents were received and filed and Reso-R+(Sunday/Outdoor Sale), 1046 Central Ave- lution No. 291-09 Granting the issuance of a nue Class “B” Beer Permit to Riverfest Festival and Passed, approved and adopted this 17th a Class “C” Beer Permit to Dubuque Quick day of August, 2009 Stop Mart; Resolution No. 292-09 Granting the Roy D. Buol, Mayor issuance of a Class “C” Beer/Liquor License to Attest: Jeanne F. Schneider, CMC, City Clerk Lucky 13 Tap, Mississippi River Museum and RESOLUTION NO. 293-09 Chances R; and Resolution No. 293-09 Grant- ing the issuance of one new license to sell NOW, THEREFORE, BE IT RESOLVED BY cigarettes and cigarette papers to Dubuque THE CITY COUNCIL OF THE CITY OF DU- Quick Stop Mart were adopted. BUQUE, IOWA: That the following having complied with the RESOLUTION NO. 291-09 provisions of law relating to the sale of Ciga- Whereas, applications for Beer Permits rettes within the City of Dubuque, Iowa, be have been submitted and filed to this Council granted a permit to sell Cigarettes and Ciga- for approval and the same have been ex-rette Papers within said City. amined and approved: and Book 139 Regular Session August 17, 2009 285 NEW notice shall be published not less than four Dubuque Quick Stop Mart Inc., Dubuque days nor more than twenty days prior to the Quick Stop Mart, 1401 Central Avenue date of such hearing. At the hearing, any inter- th Passed, approved and adopted this 17 ested person may appear and file objections to day of August, 2009 the proposed plans, specifications, form of Roy D. Buol, Mayor contract, or estimated cost of the Project. Attest: Jeanne F. Schneider, CMC, City Clerk The 2009 Sewer CIPP Lining Project is he- reby ordered to be advertised for bids for con- ITEMS TO BE SET FOR PUBLIC HEARING struction. The amount of the security to accompany Motion by Lynch to receive and file the each bid shall be in an amount which shall documents, adopt the resolutions, set the pub-conform to the provisions of the Notice to Bid- lic hearings as indicated, and direct the City ders hereby approved. Clerk to publish notice as prescribed by law. The City Clerk is hereby directed to adver- Seconded by Braig. Motion carried 7-0. tise for bids for the construction of the im- provements herein provided, by publishing the 2009 Sewer Cured-in-Place Pipe (CIPP) attached Notice to Bidders to be published in a Lining Project: City Manager recommending newspaper having general circulation in the initiation of the bidding process for the 2009 City of Dubuque, Iowa, which notice shall be Sewer Cured-in-Place Pipe (CIPP) Lining published not less than four but not more than Project and further recommends that a public forty-five days before the date for filing bids th hearing be set for September 8, 2009. Upon before 2:00 p.m. on the 10 day of September, motion the documents were received and filed 2009. Bids shall be opened and read by the and Resolution No. 294-09 Preliminary ap-City Clerk at said time and will be submitted to proval of plans, specifications, form of con-the City Council for final action at 6:30 p.m. on st tract, and estimated cost; setting date of public the 21 day of September, 2009, in the Histor- hearing on plans, specifications, form of con-ic Federal Building Council Chambers (second th tract, and estimated cost; and ordering the floor), 350 West 6 Street, Dubuque, Iowa. th advertisement for bids for the 2009 Sewer Passed, adopted and approved this 17 Cured-in-Place Pipe (CIPP) Lining Project was day of August, 2009. adopted setting a public hearing for a meeting Roy D. Buol, Mayor to commence at 6:30 p.m. on September 8, Attest: Jeanne F. Schneider, CMC, City Clerk 2009 in the Historic Federal Building. BOARDS/COMMISSIONS RESOLUTION NO. 294-09 2009 SEWER CIPP LINING PROJECT Applicants were invited to address the City PRELIMINARY APPROVAL OF PLANS, Council regarding their desire to serve on the SPECIFICATIONS, FORM OF CONTRACT, following Boards/Commissions: AND ESTIMATED COST; SETTING DATE Airport Commission: Two 4-year terms OF PUBLIC HEARING ON PLANS, SPECI- through September 14, 2013 (Terms of Bro- FICATIONS, FORM OF CONTRACT, AND therton and Santillo). Applicants: Douglas Bro- ESTIMATED COST; AND ORDERING THE therton, 2823 Hickory Hill Street, and Michael ADVERTISEMENT FOR BIDS Santillo, 2929 Kristen Court. Mr. Brotherton NOW THEREFORE, BE IT RESOLVED and Mr. Santillo spoke in support of their ap- BY THE CITY COUNCIL OF THE CITY OF pointment. DUBUQUE, IOWA: Housing Trust Fund Advisory Committee: The proposed plans, specifications, form of One 3-years term through September 8, 2012 contract and estimated cost for the 2009 Sew-(At-Large term of Hingtgen). Applicant: Doris er CIPP Lining Project, in the estimated Hingtgen, 309 Hill Street. Ms. Hingtgen spoke amount $182,716.60, are hereby preliminarily in support of her appointment. approved and ordered filed in the office of the Appointments to the following City Clerk for public inspection. Boards/Commission: th A public hearing will be held on the 8 day Housing Commission: Three 3-year term of September, 2009, at 6:30 p.m. in the Histor-through August 17, 2012 (Terms of Culbert- ic Federal Building Council Chambers at which son, Holz and Kapler). Applicants: Dorothy time interested persons may appear and be Culbertson, 2095 University Avenue; Jim Holz, heard for or against the proposed plans and 2010 Indiana Court; and David Kapler, 827 specifications, form of contract and estimated Patricia Ann Drive. Motion by Braig to appoint cost of said Project, and the City Clerk be and Dorothy Culbertson, Jim Holz, and David Kap- is hereby directed to cause the attached notice ler to the Housing Commission for 3-year of the time and place of such hearing to be terms through August 17, 2012. Seconded by published in a newspaper having general cir-Connors. Motion carried 7-0. culation in the City of Dubuque, Iowa, which 286 Regular Session, August 17, 2009 Book 139 PUBLIC HEARINGS District to ID Institutional District for property legally described to wit:. Upon motion the rules were suspended al-Lot 3 Bennett Street Subdivision, Lot 4, lowing anyone present to address the City Bennett Street Subdivision, Lot 5 Bennett Council. Street Subdivision, Lot 7, Bennett Street Subdivision, Lot 8 Bennett Street Subdivi- University of Dubuque – Amendment to ID sion, Lot 2-1-18 of Ann O’Hare’s Subdivi- Institutional District: Proof of publication on sion, Lot 18 Michel’s Subdivision, Lot 20 notice of public hearing to consider a request Quigley’s Subdivision, Lot 16 Michel’s from James Steiner, University of Dubuque, to Subdivision, Lot 2-19, Quigley’s Subdivi- amend the University of Dubuque ID Institu-sion, Lot 1-19 Quigley’s Subdivision, Lot 6 tional District boundary by adding existing res-Kuehnle Heights, Lot 8 & W 20’ of Lot 7 in idential properties. Kuehnle Heights, E 30’ Lot 7 Kuehnle Communication from Julie Kay Schwen-Heights, Lot 1-65 Finley Waples & Burton’s dinger, 1845 Bennett Street, regarding the Add, Lot 5 East Street Subdivision, Lot 1-8 proposed rezoning. & Lot 2-8 East Street Subdivision, Lot 5 Motion by Connors to receive and file the Kuehnle Heights, Lot 4 East Street Subdi- documents and that the requirement that a vision, Lot 1-2-53 Finley Waples & Burton’s proposed ordinance be considered and voted & Lot 1 Kampman’s Subdivision, Lot 2-2- on for passage at two Council meetings prior 53 Finley Waples & Burton’s & Lot 2 to the meeting at which it is to be passed be Kampman’s Subdivision, Lot 5 Kampman’s suspended. Seconded by Jones. Motion car-Subdivision, Lot 1-53 Finley Waples & Bur- ried 7-0. Responding to questions from the ton’s Add, Lot 2 & Lot 2-1 both in Steffen’s nd City Council, Jim Steiner of the University of Place & Lot 2 Steffen’s 2 Place, Lots 1 & Dubuque, 2000 University Avenue, spoke in 2 of Subdivision of 1 of 2 of Mineral Lot favor of including the 32 parcels. Steiner 156 & Lot A-2-2 of Mineral Lot 156, and to stated that the University owns the parcels and the center line of the adjoining public right- parking issues have been addressed with the of-way, all in the City of Dubuque, Iowa. City, which includes 1,000 parking spaces Section 2. Institutional District Regulations. within the campus for student parking. Dan A. Use Regulations. McDonald of the Greater Dubuque Develop-The following regulations shall apply ment Corporation, 300 Main Street, spoke in to all uses made of land in the above- favor of the proposed amendment. Planning described ID Institutional District: Services Manager Laura Carstens provided a 1. Principal permitted uses shall be staff report. limited to: Motion by Connors for final consideration a. Offices for administrative and passage of Ordinance No. 41-09 Amend-personnel or other institu- ing Appendix A (the Zoning Ordinance) of the tional employees and affili- City of Dubuque Code of Ordinances by ates amending the Institutional District boundaries b. Churches, libraries, and mu- for the University of Dubuque by rezoning the seums subject properties from R-1 Single-Family Res-c. Classrooms, laboratories, idential District to ID Institutional District. lecture halls, and similar Seconded by Jones. Motion carried 7-0. places of institutional as- sembly OFFICIAL PUBLICATION d. Off-street parking and load- ORDINANCE NO. 41-09 ing AMENDING APPENDIX A (THE ZONING e. Recreational or athletic facili- ORDINANCE) OF THE CITY OF DUBUQUE ties for the primary use and CODE OF ORDINANCES BY AMENDING benefit of institutional resi- THE INSTITUTIONAL DISTRICT BOUNDA- dents or affiliates RIES FOR THE UNIVERSITY OF DUBUQUE f. Single-family, two family or BY REZONING THE SUBJECT PROPER- multi-family dwellings for the TIES FROM R-1 SINGLE-FAMILY RESIDEN- housing of institutional resi- TIAL DISTRICT TO ID INSTITUTIONAL DIS- dents or affiliates TRICT. 2. Accessory Uses. NOW, THEREFORE, BE IT ORDAINED The following uses shall be per- BY THE CITY COUNCIL OF THE CITY OF mitted as accessory uses in the DUBUQUE, IOWA: above-described ID Institutional Section 1. That Appendix A (the Zoning District: Ordinance) of the City of Dubuque Code of a. Located entirely within a Ordinances be amended by rezoning the sub-principal building, books- ject parcels from R-1 Single-Family Residential tores, or bars seating not Book 139 Regular Session August 17, 2009 287 more than seventy-five (75) reclassification approval within thirty persons at one time and lo-(30) days of the adoption of this or- cated not closer than two dinance. This ordinance shall be hundred feet (200') from the binding upon the undersigned and all nearest Residential or Office his/her heirs, successors and assig- Residential District. nees. b. All uses customarily inciden-Section 3. That the foregoing amendment tal to the principal permitted has heretofore been reviewed by the Zoning uses in conjunction with Advisory Commission of the City of Dubuque, which such accessory uses Iowa. operated or maintained, but Section 4. That the foregoing amendment not to include commercial shall take effect upon publication, as provided use outside the principal by law. th building. Passed, approved, and adopted this 17 3. No conditional uses shall be al-day of August, 2009. lowed. /s/Roy D. Buol, Mayor B. Lot and Bulk Regulations. Attest: Development of the subject parcels /s/Jeanne F. Schneider, CMC, City Clerk shall be in accordance with the provi-Published officially in the Telegraph Herald nd sions of the ID Institutional District Newspaper the 22 day of August, 2009. regulations. /s/Jeanne F. Schneider, CMC, City Clerk C. Parking Requirements The off-street parking requirements Eagle Point Water Plant Vacuum Filter for the principal permitted uses for the Project: Proof of publication on notice of public herein described ID Institutional Dis-hearing to consider approval of the plans, spe- trict shall be regulated as follows: cifications, form of contract and estimated cost 1. Any significant expansion or re-for the Eagle Point Water Plant Vacuum Filter duction in the number of off-Project and City Manager recommending ap- street parking spaces must be proval. Motion by Connors to receive and file reviewed by Planning Services the documents and adopt Resolution No. 295- staff for compliance with the 09 Approval of plans, specifications, form of adopted Institutional District contract, and estimated cost for the Eagle regulations. Point Water Plant Vacuum Filter Project. D. Sign Regulations Seconded by Lynch. Motion carried 7-0. The sign regulations shall be the RESOLUTION NO. 295-09 same as those allowed in the ID Insti- VACUUM FILTER BUILDING tutional District as established in Sec- BACK-UP POWER SUPPLY tion 4-3.11 of the Zoning Ordinance. APPROVAL OF PLANS, SPECIFICATIONS, E. Additional Standards FORM OF CONTRACT, AND ESTIMATED That all previously approved concep- COST FOR THE EAGLE POINT WATER tual development plans are still in ef- PLANT VACUUM FILTER BACK-UP POWER fect and are not modified as part of SUPPLY PROJECT. this Ordinance. F. Transfer of Ownership NOW THEREFORE, BE IT RESOLVED Transfer of ownership or lease of BY THE CITY COUNCIL OF THE CITY OF property in this ID Institutional District DUBUQUE, IOWA: shall include the transfer or lease That the proposed plans, specifications, agreement a provision that the pur-form of contract and estimated cost for the chaser or lessee acknowledges Eagle Point Water Plant Vacuum Filter Build- awareness of the conditions authoriz-ing Back-up Power Supply, in the estimated ing the establishment of the district. amount of $103,430 are hereby approved. G. Modifications Passed, adopted and approved this 17th Any modification of this Ordinance day of August, 2009. must be approved by the City Council Roy D. Buol, Mayor in accordance with zoning reclassifi-Attest: Jeanne F. Schneider, CMC, City Clerk cation proceedings of Section 6 of the Zoning Ordinance. Miller Road Water Main Extension Project: H. Recording Proof of publication on notice of public hearing A copy of this ordinance shall be rec-to consider approval of the plans, specifica- orded at the expense of the property tions, form of contract and estimated cost for owner(s) with the Dubuque County the Miller Road Water Main Extension Project Recorder as a permanent record of and City Manager recommending approval. the conditions accepted as part of this Motion by Lynch to receive and file the docu- 288 Regular Session, August 17, 2009 Book 139 ACTION ITEMS ments and adopt Resolution No. 296-09 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Miller Road Request to Address the City Council by Water Main Extension Project. Seconded by Sgt. Lee Harlow André regarding the dog park. Jones. Motion carried 7-0. Mr. Andre, 1175 Highland Place spoke in sup- port of keeping the Grandview Avenue Dog RESOLUTION NO. 296-09 Park open as it requires a minimal operation MILLER ROAD WATER MAIN cost and is enjoyed by hundreds of people. EXTENSION PROJECT Motion by Lynch to receive and file. Seconded APPROVAL OF PLANS, SPECIFICATIONS, by Connors. Motion carried 7-0. FORM OF CONTRACT, AND ESTIMATED COST FOR THE MILLER ROAD WATER Request to Address the City Council – MAIN EXTENSION PROJECT. Wehrspann: Two requests of Joan Wehrspann NOW THEREFORE, BE IT RESOLVED to address the City Council regarding various BY THE CITY COUNCIL OF THE CITY OF issues. This item was withdrawn from the DUBUQUE, IOWA: agenda. That the proposed plans, specifications, form of contract and estimated cost for the Ordinance No. 7-09 – Correction to Legal Miller Road Water Main Extension, in the esti-Description: City Manager recommending ap- mated amount of $170,855.90, are hereby proval of a correction to the legal description in approved. Ordinance 7-09 for property located at the Passed, adopted and approved this 17th northeast corner of University and Nevada day of August, 2009. (Radio Dubuque). Motion by Connors to re- Roy D. Buol, Mayor ceive and file the documents and that the re- Attest: Jeanne F. Schneider, CMC, City Clerk quirement that a proposed ordinance be con- sidered and voted on for passage at two Highway 151 / 61 South Water Main Ex-Council meetings prior to the meeting at which tension Project: Proof of publication on notice it is to be passed be suspended. Seconded by of public hearing to consider approval of the Lynch. Motion carried 7-0. plans, specifications, form of contract and es-Motion by Connors for final consideration timated cost for the Highway 151 / 61 South and passage of Ordinance No. 42-09 Amend- Water Main Extension Project and City Man-ing Appendix A (the Zoning Ordinance) of the ager recommending approval. Motion by Voet-City of Dubuque Code of Ordinances by rec- berg to receive and file the documents and lassifying hereinafter described property lo- adopt Resolution No. 297-09 Approval of cated near the northeast corner of University plans, specifications, form of contract, and Avenue and Nevada Street from R-2 Two- estimated cost for the Highway 151 / 61 South family Residential District to OS Office Service Water Main Extension Project. Seconded by District, with conditions, and rescinding Ordin- Resnick. Motion carried 7-0. ance No. 7-09. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 297-09 HIGHWAY 61/151 WATER OFFICIAL PUBLICATION MAIN EXTENSION PROJECT ORDINANCE NO. 42-09 APPROVAL OF PLANS, SPECIFICATIONS, AMENDING APPENDIX A (THE ZONING FORM OF CONTRACT, AND ESTIMATED ORDINANCE) OF THE CITY OF DUBUQUE COST FOR THE HIGHWAY 61/151 WATER CODE OF ORDINANCES BY RECLASSIFY- MAIN EXTENSION PROJECT. ING HEREINAFTER DESCRIBED PROPER- TY LOCATED NEAR THE NORTHEAST NOW THEREFORE, BE IT RESOLVED CORNER OF UNIVERSITY AVENUE AND BY THE CITY COUNCIL OF THE CITY OF NEVADA STREET FROM R-2 TWO-FAMILY DUBUQUE, IOWA: RESIDENTIAL DISTRICT TO OS OFFICE That the proposed plans, specifications, SERVICE DISTRICT, WITH CONDITIONS, form of contract and estimated cost for the AND RESCINDING ORDINANCE 7-09. Highway 61/151 Water Main Extension, in the estimated amount of $200,000, are hereby NOW, THEREFORE, BE IT ORDAINED approved. BY THE CITY COUNCIL OF THE CITY OF Passed, adopted and approved this 17th DUBUQUE, IOWA: day of August, 2009. Section 1. That Appendix A (the Zoning Roy D. Buol, Mayor Ordinance) of the City of Dubuque Code of Attest: Jeanne F. Schneider, CMC, City Clerk Ordinances is hereby amended by reclassify- ing the hereinafter-described property from R- Upon motion the rules were reinstated li-2 Two-Family Residential District to OS Office miting discussion to the City Council. Service District with conditions, and rescinding Ordinance 7-09, to wit: Lot 1 of 1 of 1 of 1 of 1 Book 139 Regular Session August 17, 2009 289 of 1 of Slattery’s Subdivision, and to the cen-Zoning Ordinance of the City of Dubuque, terline of the adjoining public right-of-way, all in Iowa. the City of Dubuque, Iowa. F) This Agreement shall be binding upon Section 2. The foregoing amendment has the undersigned and his/her heirs, successor heretofore been reviewed by the Zoning Advi-and assignees. sory Commission of the City of Dubuque, Iowa. Acceptance of Ordinance No. 42-09 Section 3. This ordinance shall take effect I, Tom Parsley, representing Radio Dubu- immediately upon publication, as provided by que, Inc., property owner, having read the law. terms and conditions of the foregoing Ordin- th Passed, approved and adopted this 17 ance No. 42 - 09 and being familiar with the day of August,20062009. conditions thereof, hereby accept this same /s/Roy D. Buol, Mayor and agree to the conditions required therein. th Attest: Dated in Dubuque, Iowa this 17 day of /s/Jeanne F. Schneider, CMC, City Clerk August, 2009. /s/Tom Parsley MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 Acceptance of Ordinance No. 42-09 (2007), and as an express condition of rezon-I, Dwayne Thoman, representing Nativity ing of the property described as: parish, property owner, having read the terms Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery’s and conditions of the foregoing Ordinance No. Subdivision, and to the center line of 42-09 and being familiar with the conditions the adjoining public right-of-way, all in thereof, hereby accept this same and agree to the City of Dubuque, Iowa. the conditions required therein. th which is the subject of Ordinance No. 42-09, a Dated in Dubuque, Iowa this 17 day of copy of which is attached hereto and incorpo-August. 2009. rated herein by reference, the undersigned /s/Dwayne Thoman property owners, agree to the following condi-Published officially in the Telegraph Herald th tions, all of which the property owner further Newspaper the 18 day of September, 2009. agrees are reasonable and are imposed to /s/Jeanne F. Schneider, CMC, City Clerk satisfy public needs which are caused directly by the rezoning: Usage Agreement with Stone Cliff Winery: A) Conditions City Manager recommending approval of a 1) That the front yard setback along usage agreement for a section of the Alliant University Avenue be 20 feet. Amphitheater to have weekly outdoor movies 2) That no vehicle access is permitted and jam sessions. Motion by Jones to receive to University Avenue. and file the documents and approve the rec- B) Reclassification of the Subject Prop-ommendation. Seconded by Jones. Respond- erty. The City of Dubuque, Iowa may initiate ing to questions by City Council, Leisure Ser- zoning reclassification proceedings to the R-2 vices Manager Gil Spence stated that the Two-Family Residential District (which rezon-agreement will allow Stone Cliff Winery to re- ing will include the removal of the performance serve the space under the City’s regular 23- standards in Section A above) if the property month reservation period with their primary owner fails to complete any of the conditions usage on Tuesdays and Thursdays with no or provisions of this Agreement. weekend reservations at this time. Motion car- C) Modifications. Any modifications of ried 7-0. this Agreement shall be considered a zoning reclassification and shall be subject to the pro-Agreement with the Dubuque Community visions of the Zoning Ordinance governing School District: City Manager recommending zoning reclassifications. All such modifications approval of an agreement with the Dubuque must be approved by the City Council of Du-Community School District allowing the Dubu- buque, Iowa. que Building Trades On-Site Program D) Recording. A copy of this Agreement (DBTOP) to renovate the Bridge Complex in shall be recorded with the Dubuque County Eagle Point Park. Motion by Jones to receive Recorder as a permanent record of the condi-and file the documents and approve the rec- tions accepted as part of this rezoning approv-ommendation. Seconded by Connors. Motion al within ten (10) days of the adoption of Or-carried 7-0. dinance No. 42-09. E) Construction. This Agreement shall E.B. Lyons Nature Center Expansion be construed and interpreted as though it were Project: City Manager recommending award of part of Appendix A of the Code of Ordinances the public improvement contract for the E.B. of the City of Dubuque, also known as the Lyons Nature Center Expansion Project to Stumpf Construction in the amount of 290 Regular Session, August 17, 2009 Book 139 $1,229,367. Motion by Jones to receive and Whereas, in 1999 and again in 2002 and file the documents and adopt Resolution No. 2004, heavy rains produced flood damage 298-09 Awarding public improvement contract spurring a Presidential Disaster Declarations for the E.B. Lyons Nature Center Expansion for Dubuque County, and Project. Seconded by Connors. Motion carried Whereas, the Lower Bee Branch Creek 7-0. Restoration Project has been identified as one of a series of projects to provide relief from RESOLUTION NO. 298-09 property damage due to flooding to 1,150 resi- AWARDING CONTRACT dents in the City of Dubuque, and WHEREAS, sealed proposals have been Whereas, the City of Dubuque has ex- submitted by contractors for the E.B. Lyons pended $5,100,000 constructing the Carter nd Nature Center Expansion Project pursuant to Road detention Basin and the W. 32 Street Resolution No. 231-09, and notice to bidders Detention Basin to mitigate flood damage, and published in a newspaper published in the City Whereas, the Lower Bee Branch Creek of Dubuque, Iowa, on the 10th day of July, Restoration Project is required to provide fur- 2009. ther protection from property damage due to WHEREAS, said sealed proposals were flooding, opened and read on the 6th day of August, NOW THEREFORE, BE IT RESOLVED 2009, and it has been determined that the bid BY THE CITY COUNCIL OF THE CITY OF of Stumpf Construction in the amount of DUBUQUE, IOWA: $1,229,367 was the lowest bid for the furnish-That the City Manager or his designee is ings of all labor and materials and performing hereby authorized to submit an application for the work as provided for in the plans and spe-I-JOBS grant funding for the Lower Bee cifications. Branch Creek Restoration Project. th NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 17 BY THE CITY COUNCIL OF THE CITY OF day of August, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor That the contract for the above improve-Attest: Jeanne F. Schneider, CMC, City Clerk ment be awarded to Stumpf Construction, and the Manager be and is hereby directed to ex-1695 Garfield Retaining Wall Repair ecute a contract on behalf of the City of Dubu-Project: City Manager recommending award of que for the complete performance of the work. the public improvement contract for the 1695 BE IT FURTHER RESOLVED: Garfield Retaining Wall Repair Project to Top That upon the signing of said contract and Grade Excavating in the amount of the approval of the contractor's bond, the City $48,603.49. Motion by Lynch to receive and Treasurer is authorized and instructed to re-file the documents and adopt Resolution No. turn the bid deposits of the unsuccessful bid-300-09 Awarding public improvement contract ders. for the 1695 Garfield Retaining Wall Project. Passed, approved and adopted this 17th Seconded by Voetberg. Motion carried 7-0. day of August, 2009. RESOLUTION NO. 300-09 Roy D. Buol, Mayor AWARDING PUBLIC IMPROVEMENT CON- Attest: Jeanne F. Schneider, City Clerk TRACT FOR THE 1695 GARFIELD AVENUE RETAINING WALL REPAIR PROJECT Iowa Jobs (I-JOBS) Application – Lower Bee Branch Creek Restoration Project: City Whereas, sealed proposals have been Manager recommending approval to submit an submitted by contractors for the 1695 Garfield application for I-JOBS funding in the amount of Avenue Retaining Wall Repair Project (the $7,000,000 for the Lower Bee Branch Creek Project) pursuant to Resolution No. 251-09 Restoration Project. Motion by Connors to and Notice to Bidders published in a newspa- receive and file the documents and adopt per published in the City of Dubuque, Iowa on th Resolution No. 299-09 Authorizing the submit-the 24 day of July, 2009. tal of an application to the State of Iowa I-Whereas, said sealed proposals were th JOBS Grant Program for funding of the Lower opened and read on the 6 day of August, Bee Branch Creek Restoration Project. 2009 and it has been determined that Top Seconded by Lynch. Motion carried 7-0. Grade Excavating of Epworth, Iowa, with a bid in the amount of $48,603.49, is the lowest res- RESOLUTION NO. 299-09 ponsive, responsible bidder for the Project. AUTHORIZING THE SUBMITTAL OF AN NOW THEREFORE, BE IT RESOLVED APPLICATION TO THE STATE OF IOWA I- BY THE CITY COUNCIL OF THE CITY OF JOBS GRANT PROGRAM FOR FUNDING DUBUQUE, IOWA: OF THE LOWER BEE BRANCH CREEK That a Public Improvement Contract for the RESTORATION PROJECT Project is hereby awarded to Top Grade Exca- vating and the City Manager is hereby directed Book 139 Regular Session August 17, 2009 291 to execute a Public Improvement Contract on of Dubuque, Iowa, of a general or public na- behalf of the City of Dubuque for the Project. ture or imposing a fine or penalty including th Passed, approved and adopted this 17 codes and maps adopted by reference, as the day of August, 2009. official Code of the City of Dubuque, Iowa, as Roy D. Buol, Mayor provided for and pursuant to Chapter 380 of Attest: Jeanne F. Schneider, CMC, City Clerk the Iowa Code; providing for the title and cita- tion of the Code; repealing all ordinances and Historic Shot Tower Rehabilitation Project: parts of ordinances of a general or public na- City Manager recommending that all the com-ture or imposing a fine or penalty, passed on petitive bid proposals received for the Historic or prior to May 4, 2009, except those not con- Shot Tower Rehabilitation Project be rejected. tained in said code or recognized and contin- Motion by Connors receive and file the docu-ued in force by reference therein; providing ments and adopt Resolution No. 301-09 Re-penalties for the violation of the several sec- jecting all competitive bid proposals received tions thereof; and prescribing the time when for the Historic Shot Tower Rehabilitation this ordinance shall be in full force and effect. Project – Phase I. Seconded by Voetberg. Seconded by Lynch. Motion carried 7-0. Motion carried 7-0. OFFICIAL PUBLICATION RESOLUTION NO. 301-09 ORDINANCE 43-09 REJECTING ALL COMPETITIVE BID PRO-READOPTING THE CODIFICATION OF ALL POSALS RECEIVED FOR THE HISTORIC ORDINANCES OF THE CITY OF DUBUQUE, SHOT TOWER REHABILITATION PROJECT IOWA, OF A GENERAL OR PUBLIC NA- - PHASE I TURE OR IMPOSING A FINE OR PENALTY INCLUDING CODES AND MAPS ADOPTED Whereas, competitive sealed bid proposals BY REFERENCE, AS THE OFFICIAL CODE have been submitted by contractors for the OF THE CITY OF DUBUQUE, IOWA, AS Historic Shot Tower Rehabilitation Project – PROVIDED FOR AND PURSUANT TO Phase I (the Project) pursuant to Resolution CHAPTER 380 OF THE IOWA CODE; PRO- No. 252-09 and Notice to Bidders published in VIDING FOR THE TITLE AND CITATION OF a newspaper published in the City of Dubuque, th THE CODE; REPEALING ALL ORDIN- Iowa on the 24 day of July, 2009; and ANCES AND PARTS OF ORDINANCES OF Whereas, said competitive sealed bid pro- th A GENERAL OR PUBLIC NATURE OR IM- posals were opened and read on the 12 day POSING A FINE OR PENALTY, PASSED ON of August, 2009; and OR PRIOR TO MAY 4, 2009, EXCEPT Whereas, the City Council has deemed it THOSE NOT CONTAINED IN SAID CODE advisable to reject all competitive sealed bid OR RECOGNIZED AND CONTINUED IN proposals the Project. FORCE BY REFERENCE THEREIN; PRO- NOW THEREFORE, BE IT RESOLVED VIDING PENALTIES FOR THE VIOLATION BY THE CITY COUNCIL OF THE CITY OF OF THE SEVERAL SECTIONS THEREOF; DUBUQUE, IOWA: AND PRESCRIBING THE TIME WHEN THIS Section 1. All of the competitive sealed bid ORDINANCE SHALL BE IN FULL FORCE proposals for the Historic Shot Tower Rehabili- AND EFFECT tation Project - Phase I are hereby rejected. Section 2. The City Clerk is authorized and Whereas, pursuant to Ordinance No. 3-07, instructed to return the bid deposits of the un-adopted January 17, 2007, the City Council of successful bidders for Historic Shot Tower the City of Dubuque, Iowa, readopted the City Rehabilitation Project - Phase I. of Dubuque Code of Ordinances, with an ef- th Passed, approved and adopted this 17 fective date of January 22, 2007, as provided day of August, 2009. in Section 380.8 of the Iowa Code; and Roy D. Buol, Mayor Whereas, the City Council has determined Attest: Jeanne F. Schneider, CMC, City Clerk that the Code of Ordinances should be re- adopted, as edited and compiled, as provided Code of Ordinances: City Manager re-in Section 380.8 of the Iowa Code. commending that the City of Dubuque Code of NOW, THEREFORE, BE IT ORDAINED Ordinances be re-adopted in its entirety. Mo-BY THE CITY COUNCIL OF THE CITY OF tion by Connors to receive and file the docu-DUBUQUE, IOWA: ments and that the requirement that a pro-Section 1. Code of Ordinances Readopted. posed ordinance be considered and voted on for That the proposed Code of Ordinances of the passage at two Council meetings prior to the City of Dubuque, Iowa printed by Sterling Co- meeting at which it is to be passed be suspended. difiers, Inc., Coeur d'Alene, Idaho, heretofore Seconded by Jones. Motion carried 7-0. filed in the Office of the City Clerk of the City of Motion by Connors for final consideration Dubuque, Iowa, consisting of Titles 1 through and passage of Ordinance No. 43-09 Readopt-16, and Appendix A, and including references ing the codification of all ordinances of the City to codes adopted by reference, a printed copy 292 Regular Session, August 17, 2009 Book 139 of which is attached hereto and incorporated areas, such as ordinances designat- herein by reference the same as if set out ing one-way streets, arterial high- herein, is hereby adopted as the "Code of Or-ways, through streets, stop intersec- dinances, City of Dubuque, Iowa". tions or intersections where traffic is Section 2. Ordinances Repealed. That all to be controlled by signals, and or- ordinances of the City of Dubuque, Iowa, of a dinances prohibiting restriction, limit- general and permanent nature, enacted before ing or otherwise regulating the stop- May 4, 2009, and not contained in the Code of ping, standing or parking of vehicles Ordinances or recognized and continued in on specific streets or in specific force by reference therein are hereby repealed areas; from and after the effective date of the Code of (p) Any ordinance establishing rates and Ordinances, except as hereinafter provided. charges for, or fees for connection to Section 3. Effect of Repeal; Ordinances any utility service, not inconsistent Saved. That the repeal provided for in Section with this Code; 2 hereof shall not affect any of the following: (q) Any ordinance which, by its own (a) Any offense or act committed or any terms, expires after a specified time, penalty or forfeiture incurred or any or on the prescribed date; contract or right established or ac-(r) The appointment of any board or cruing before the effective date of the commission member serving on the Code of Ordinances; date of this Ordinance. (b) Any ordinance promising or guaran-The above enumeration of exceptions shall teeing the payment of money to or not be held or deemed to be exclusive, it being from the City, or authorizing the is-the purpose and intention of this Ordinance to suance of any bonds or other evi-exclude from repeal any and all ordinances not dence of indebtedness; of a general nature. (c) Any appropriation or budget ordin-Section 4. Severability of Provisions. That ance; each Title, and any and all Chapters of the (d) Any ordinance establishing the com-Code of Ordinances hereby readopted, is in- pensation of any City officer or em-dependent of every other Title and Chapter ployee; thereof, and the invalidity of any other Title or (e) Any contract or obligation assumed Chapter thereof, shall not invalidate any other by the City; Title or Chapter thereof. (f) Any ordinance relating to the pur-Section 5. Official Copy. That the City chase, condemnation, acquisition or Clerk shall attach to the official copy of the dedication of property for public use; Code of Ordinances hereby readopted and (g) Any ordinance dedicating, establish-attached hereto, the City Clerk's official certifi- ing, opening, reopening, naming, re-cate showing re-adoption and the effective naming, widening, narrowing or va-date thereof, and shall retain the said copy and cating any street, boulevard, avenue, certificate on file in this office where copies of alley or other public way, including the same shall be subject to public inspection rights-of-way; and for sale to the public. (h) Any ordinance, establishing or chang-Section 6. Amendments. That any addi- ing the grade of any street, avenue, tions or amendments to the Code of Ordin- boulevard, traffic way or other public ances when passed as ordinances amending way; the Code of Ordinances and which indicate the (i) Any ordinance authorizing, directing intention of the Council to make the same a or otherwise relating to any public im-part hereof shall be deemed to be incorporated provements; in the Code of Ordinances so that a reference (j) Any ordinance establishing or chang-to the Code of Ordinances, City of Dubuque, ing the limits of the City or pertaining Iowa, shall be understood to include them. to consolidations, annexations or ex-Section 7. General Penalty. That the doing clusions; of any act prohibited or declared to be unlawful (k) Any ordinance levying general or or an offense by the Code of Ordinances, or special taxes or special assessments; the commission or failure to perform any act or (l) Any ordinance granting pensions for duty required by the Code of Ordinances, shall retired officers and employees; be subject to the penalty provided or autho- (m) Any ordinance granting any right, pri-rized by the Code of Ordinances. The penalty vilege, easement or franchise to any herein provided for shall be cumulative with person, firm or corporation; and in addition to the revocation, cancellation (n) Any zoning ordinance, or amendment or forfeiture of any license or permit elsewhere of the City's zoning map; in the Code of Ordinances provided for viola- (o) Any ordinance prescribing traffic tion thereof or for civil penalties or violations of regulations for specific streets or municipal ordinances. Book 139 Regular Session August 17, 2009 293 Section 8. Effective date. That this Ordin-Section 2. That the Mayor is hereby autho- ance consisting of Sections 1 through 8, inclu-rized and directed to execute the Agreement sive, readopting the proposed Code of Ordin-on behalf of the City of Dubuque and forward ances of the City of Dubuque, Iowa, heretofore the executed copy to the Iowa Department of filed in the Office of the City Clerk of the City of Economic Development for their approval. th Dubuque, Iowa, consisting of Titles 1 through Passed, approved and adopted this 17 16 and Appendix A, and including codes day of August, 2009. adopted by reference and all Chapters, of the Roy D. Buol, Mayor same, the same being designated as the Attest: Jeanne F. Schneider, CMC, City Clerk "Code of Ordinances, City of Dubuque, Iowa", COUNCIL MEMBER REPORTS is in full force and effect from and after the passage and publication of this Ordinance, according to law, and the "Code of Ordin-Jones reported that as a result of local me- ances, City of Dubuque, Iowa", shall be in full dia coverage, a contractor came forward to force and effect from and after the publication repair a collapsed private retaining wall, which of this Ordinance. was reported on at a past City Council meet- th Passed, approved and adopted this 17 ing. day of August, 2009. CLOSED SESSION /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Motion by Jones to go into closed session Published officially in the Telegraph Herald regarding pending litigation and property ac- nd Newspaper the 22 day of August, 2009. quisition pursuant to Chapter 21.5(1)(c)(j) of /s/Jeanne F. Schneider, CMC, City Clerk the Code of Iowa. Seconded by Connors. Mo- tion carried 7-0. IDED – City of Dubuque Agreement for Upon motion the City Council reconvened IBM: City Manager recommending approval of in open session at 7:39 p.m. stating that staff an Agreement between the Iowa Department had been given proper direction. of Economic Development (IDED) and the City of Dubuque. Motion by Connors to receive and There being no further business, upon mo- file the documents and adopt Resolution No. tion the City Council adjourned at 7:40 p.m. 302-09 Approving an Agreement between the Iowa Department of Economic Development /s/Jeanne F. Schneider, CMC and the City of Dubuque. Seconded by Lynch. City Clerk Motion carried 7-0 RESOLUTION NO. 302-09 APPROVING AN AGREEMENT BETWEEN THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE CITY OF DUBU- QUE. Whereas, the City of Dubuque has pre- viously approved an Incentive Agreement with IBM; and Whereas, the City of Dubuque has submit- ted an application to the Iowa Department of Economic Development for PIAP funding on behalf of IBM; and Whereas, the Iowa Department of Eco- nomic Development has prepared and submit- ted for City Council approval an agreement relating to IBM a copy of which is attached hereto and by this reference made a part he- reof; and Whereas, the City Council finds that the proposed agreement is acceptable and neces- sary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Agreement is hereby approved. 294 Special Sessions, August 25 & 26, 2009 Book 139 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special The Dubuque City Council met in special session at 4:30 p.m. on August 25, 2009, at session, at 4:30 p.m. on August 26, 2009, at the Grand River Center. the Grand River Center. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick Voet-Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney berg, City Manager Van Milligan, City Attorney Lindahl Lindahl Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is a special session of the City Council called for a special session of the City Council called for the purpose of conducting a goal setting ses-the purpose of conducting a goal setting ses- sion with Lyle Sumek facilitating. sion with Lyle Sumek facilitating. The City Council approved the City of Du-The City Council adopted the five-year buque Mission Statement and refined City of goals for the community as: (1) Diverse, Dubuque Mission as it pertains to Sustainabili-Strong Dubuque Economy; (2) Sustainable ty. Each Council Member listed what they con-City; (3) Planned and Managed Growth; (4) sidered the top challenges and priorities for the Partnering for a Better Dubuque; and (5) Im- next twelve to eighteen months. proved Connectivity – Transportation and Tel- ecommunication. Objectives for each of the The 2008-2009 Performance Report was goals were ranked, with the short-term chal- reviewed and the top successes for the past lenges identified and the actions necessary to year and the actions associated with each achieve each goal. were discussed and refined. Additional suc- cesses identified were the addition of The Policy Agenda for 2009 – 2010 was $1,000,000 to the City’s reserve fund and no established as: Top Priority – Historic Millwork general property tax increase. District, Sanitary Sewer Master Plan / Water Pollution Control Plant Facility, Neighborhood The City Council reviewed and refined the Crime and Gang Comprehensive Evaluation goals and priorities for the next five years. The and Strategy, Library: Staffing, and Sustaina- goals include: (1) Diverse, Strong Dubuque bility Plan and High Priority – Funding for Arts Economy; (2) Sustainable City; (3) Planned and Culture, Public Transportation Model, and Managed Growth; (4) Partnering for a Every Child / Every Promise, Smarter City, and Better Dubuque; and (5) Improved Connectivi-Market Housing. ty – Transportation and Telecommunications. The Management Agenda for 2009 – 2010 There being no further business, upon mo-was established as: Top Priority – Dubuque- tion the meeting adjourned at 9:05 p.m. Works, Community Conversation on Sustaina- bility, Washington Neighborhood and South- /s/Jeanne F. Schneider, CMC west Arterial; and High Priority – Disaster Pre- City Clerk paredness Plan, Downtown Parking Garage, Street Program, Airport Master Plan, and Community Foundation Partnering. There being no further business, upon mo- tion the meeting adjourned at 8:06 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 139 Regular & Special Sessions, September 8, 2009 295 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special The Dubuque City Council met in regular session at 5:00 p.m. on September 8, 2009 in session at 6:30 p.m. on September 8, 2009 in the Historic Federal Building. the Historic Federal Building. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet-Braig, Connors, Jones, Lynch, Resnick, Voet- berg; City Manager Van Milligen, City Attorney berg, City Manager Van Milligen, City Attorney Lindahl Lindahl Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is a special session of the City Council to tour the a regular session of the City Council to act project at 1126 White Street. upon such business that may properly come before the City Council. The City Council proceeded on a tour of property located at 1126 White Street. Pledge of Allegiance There being no further business, the City Invocation was provided by Pastor Rex Council adjourned at 5:55 p.m. Raines of New Life Church. PROCLAMATIONS /s/Jeanne F. Schneider, CMC City Clerk Assisted Living Week (September 13 – 19, 2009) was accepted by Sue Lemon, Sunset Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partner- ship was accepted by Planning Services Man- ager Laura Carstens; Shriners Hospitals for Children Day (September 19, 2009) was ac- cepted by Council Member Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commission of 8/6; Housing Commis- sion of 7/28; Housing Commission Trust Fund Committee of 5/28; Park and Recreation Commission of 8/11; Zoning Board of Adjust- ment of 8/27 Proof of publication of City Council Pro- ceedings of August 3 and 12, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Pamela Linn Schmitt for vehicle damage; Patricia and Lyle Galliart for property damage; David Willging for vehicle damage; John Ottavi for property dam- age; Cynthia A. McDermott for personal injury; Andy Rettenmeier for property damage on two 296 Regular Session, September 8, 2009 Book 139 occasions; Evelyn Maddux for personal injury; Heidi N. Waterman Randy Schmitt Molly Freiburger for vehicle damage; Karin Mary Jo Rooney James P. McCann Campbell for vehicle damage. Upon motion Ivan Gaidykevich Penny S. Roeder the documents were received and filed and Amy Timmerman Dawn M. Blasen referred to the City Attorney. Julie J. Husemann Cheryl Pregler Ryan D. McCarthy Diane M. Boardman City Attorney advising that the following Respectfully submitted, claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- /s/Dan White, munities Assurance Pool: Andy Rettenmeier /s/Jim Schilling, for property damage (two claims); Jacob /s/Betty Takes, Schmitz for vehicle damage; Albert Weiden- Civil Service Commission bacher for vehicle damage; Cynthia A. McDermott for personal injury; Pamela Schmitt Sign On Letter for Health Care Reform for vehicle damage; David Willging for vehicle Legislation: City Manager recommending ap- damage. proval of a sign on letter to the U.S. Confe- City Attorney recommending settlement of rence of Mayors calling on Congress to pass the claim of John Ottavi for property damage. comprehensive health care reform legislation. Upon motion the documents were re- Upon motion the document was received, filed, ceived, filed and concurred. and approved. Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City City of Dubuque Written Investment Policy: Manager recommending approval of an Communication from the Association of Public amendment to the collective bargaining Treasurers of the United States and Canada agreement with Teamsters Local No. 120 re- advising that the City’s written investment poli- garding meal reimbursement. Upon motion the cy is one of 21 municipal policies to be certi- documents were received, filed, and approved. fied by the Association this year. Upon motion the document was received and filed. Plumbing Board: Michael Swift submitting Iowa Great Places: Communication from his resignation from the Plumbing Board. Upon Cyndi Pederson, Iowa Great Places, advising motion the document was received and filed that the City’s grant application for the Mill- and the resignation accepted. working District Streetscape Project has been approved for a total grant of $150,000. Upon 2009 Justice Assistance Grant (JAG): City motion the document was received and filed. Manager recommending approval of the ac- ceptance of the 2009 Justice Assistance Grant Iowa Mississippi River Parkway Commis- (JAG) in the amount of $87,467.00. Upon mo- sion: John E. Goodmann, Chairman, submit- tion the documents were received, filed, and ting the Iowa Mississippi River Parkway Com- approved. mission 2008 / 2009 annual report. Upon mo- tion the documents were received and filed. Civil Service Commission: Civil Service Commission submitting the certified list for the Letter of Support: City Manager recom- position of Accountant. Upon motion the doc- mending approval of a letter of support to the uments were received and filed and made a East Central Intergovernmental Association Matter of Record. grant application to the Iowa Department of Economic Development to support Prosperity September 1, 2009 Eastern Iowa. Upon motion the documents Honorable Mayor and were received, filed, and approved. Members of the City Council In accordance with Chapter 400 of the Carnegie Stout Public Library: Communi- Code of Iowa, an examination for the position cation from Mary Wegner, State Librarian, of Accountant was administered on August 18, advising that the Carnegie Stout Public Library 2009. We hereby certify that the individuals has met the conditions for Library Accredita- listed below have passed this written examina- tion in the State of Iowa. tion and the vacancy for this position should be made from this list and that this list is good for 2008 Drain Tile Project: City Manager re- two (2) years from above date. commending acceptance of the 2008 Drain Tile Project (Melrose Terrace, Mineral Street ACCOUNTANT and Deborah Drive), as completed by McDer- Tami Lansing Renae Fenrick mott Excavating, in the final contract amounts James Dvorak Steven Lemon of $29,390.88 for Melrose Terrace, $23,746.70 William J. Hanson Thomas J. Blake for Mineral Street, and $7,277.11 for Deborah James P. Kelly Barbara A. Deutmeyer Book 139 Regular Session, September 8, 2009 297 RESOLUTION NO. 304-09 Drive. Upon motion the documents were re- ACCEPTING THE 2008 DRAIN TILE ceived and filed and Resolution No. 303-09 PROJECT (MINERAL STREET) AND AU- Accepting the 2008 Drain Tile Project (Melrose THORIZING THE PAYMENT OF THE CON- Terrace) and authorizing payment of the con- TRACT AMOUNT TO THE CONTRACTOR tract amount to the contractor; Resolution No. 304-09 Accepting the 2008 Drain Tile Project Whereas, the Public Improvement Contract (Mineral Street) and authorizing payment of for the 2008 Drain Tile Project (Mineral Street) the contract amount to the contractor; and (the Project) has been completed and the City Resolution No. 305-09 Accepting the 2008 Engineer has examined the work and filed a Drain Tile Project (Deborah Drive) and autho-certificate stating that the Project has been rizing payment of the contract amount to the completed according to the terms of the Public contractor were adopted. Improvement Contract and that the City Engi- neer recommends that the Project be ac- RESOLUTION NO. 303-09 cepted; and ACCEPTING THE 2008 DRAIN TILE NOW THEREFORE, BE IT RESOLVED PROJECT (MELROSE TERRACE) AND AU- BY THE CITY COUNCIL OF THE CITY OF THORIZING THE PAYMENT OF THE CON- DUBUQUE, IOWA: TRACT AMOUNT TO THE CONTRACTOR Section 1. The recommendation of the City Whereas, the Public Improvement Contract Engineer is approved and the Project is hereby for the 2008 Drain Tile Project (Melrose Ter-accepted. race) (the Project) has been completed and Section 2. The Finance Director is hereby the City Engineer has examined the work and directed to pay to the Contractor from the filed a certificate stating that the Project has Drain Tile Extension Program appropriation for been completed according to the terms of the the contract amount of $23,746.70 less any Public Improvement Contract and that the City retained percentage provided for therein as Engineer recommends that the Project be ac-provided in Iowa Code chapter 573, and to pay cepted; and such retainage only in accordance with the NOW THEREFORE, BE IT RESOLVED provisions of Iowa Code chapter 573. BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 8th DUBUQUE, IOWA: day of September, 2009. Section 1. The recommendation of the City Roy D. Buol, Mayor Engineer is approved and the Project is hereby Attest: Jeanne F. Schneider, CMC, City Clerk accepted. CITY ENGINEER’S CERTIFICATE OF FINAL Section 2. The Finance Director is hereby COMPLETION OF THE directed to pay to the Contractor from the 2008 DRAIN TILE PROJECT (MINERAL Drain Tile Extension Program appropriation for STREET) the contract amount of $29,390.88 less any retained percentage provided for therein as The undersigned City Engineer of the City provided in Iowa Code chapter 573, and to pay of Dubuque, Iowa, hereby certifies that he has such retainage only in accordance with the inspected the 2008 Drain Tile Project (Mineral provisions of Iowa Code chapter 573. Street), that the Project has been performed in th Passed, approved and adopted this 8 day compliance with the terms of the Public Im- of September, 2009. provement Contract, and that the total cost of Roy D. Buol, Mayor the completed work is $23,746.70. Attest: Jeanne F. Schneider, CMC, City Clerk Dated this 3rd day of September, 2009. Gus Psihoyos, City Engineer rd CITY ENGINEER’S CERTIFICATE OF FINAL Filed in the office of the City Clerk on the 3 COMPLETION OF THE day of September, 2009. 2008 DRAIN TILE PROJECT (MELROSE Jeanne F. Schneider, CMC, City Clerk TERRACE) RESOLUTION NO. 305-09 The undersigned City Engineer of the City ACCEPTING THE 2008 DRAIN TILE of Dubuque, Iowa, hereby certifies that he has PROJECT (DEBORAH DRIVE) AND AU- inspected the 2008 Drain Tile Project (Melrose THORIZING THE PAYMENT OF THE CON- Terrace), that the Project has been performed TRACT AMOUNT TO THE CONTRACTOR in compliance with the terms of the Public Im- provement Contract, and that the total cost of Whereas, the Public Improvement Contract the completed work is $29,390.88. for the 2008 Drain Tile Project (Deborah Drive) Dated this 3rd day of September, 2009. (the Project) has been completed and the City Gus Psihoyos, City Engineer Engineer has examined the work and filed a rd Filed in the office of the City Clerk on the 3 certificate stating that the Project has been day of September, 2009. completed according to the terms of the Public Jeanne F. Schneider, CMC, City Clerk Improvement Contract and that the City Engi- 298 Regular Session, September 8, 2009 Book 139 neer recommends that the Project be ac-tract and that the City Engineer recommends cepted; and that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. The recommendation of the City Section 1. The recommendation of the City Engineer is approved and the Project is hereby Engineer is approved and the Project is hereby accepted. accepted. Section 2. The Finance Director is hereby Section 2. The Finance Director is hereby directed to pay to the Contractor from the directed to pay to the Contractor from the St. Drain Tile Extension Program appropriation for Mary’s Wall Capital Improvement Project ap- the contract amount of $7,277.11 less any propriation for the contract amount of retained percentage provided for therein as $271,428.59 less any retained percentage provided in Iowa Code chapter 573, and to pay provided for therein as provided in Iowa Code such retainage only in accordance with the chapter 573, and to pay such retainage only in provisions of Iowa Code chapter 573. accordance with the provisions of Iowa Code Passed, approved and adopted this 8th chapter 573. day of September, 2009. Passed, approved and adopted this 8th Roy D. Buol, Mayor day of September, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CITY ENGINEER’S CERTIFICATE OF FINAL 2008 DRAIN TILE PROJECT (DEBORAH COMPLETION OF THE ST. MARY’S DRIVE) STREET RETAINING WALL RECON- STRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has The undersigned City Engineer of the City inspected the 2008 Drain Tile Project (Debo-of Dubuque, Iowa, hereby certifies that he has rah Drive), that the Project has been per-inspected the St. Mary’s Street Retaining Wall formed in compliance with the terms of the Reconstruction Project, that the Project has Public Improvement Contract, and that the been performed in compliance with the terms total cost of the completed work is $7,277.11. of the Public Improvement Contract, and that Dated this 3rd day of September, 2009. the total cost of the completed work is Gus Psihoyos, City Engineer $298,658.92. rdth Filed in the office of the City Clerk on the 3 Dated this 28 day of August, 2009. day of September, 2009. Gus Psihoyos, City Engineer th Jeanne F. Schneider, CMC, City Clerk Filed in the office of the City Clerk on the 28 day of August, 2009. St. Mary’s Street Retaining Wall Recon-Jeanne F. Schneider, CMC, City Clerk struction Project: City Manager recommending acceptance of St. Mary’s Street Retaining Wall Pine Knoll Subdivision: City Manager re- Reconstruction Project as completed by commending acceptance of the sanitary sewer Tschiggfrie Excavating Company in the final and watermain improvements that the devel- contract amount of $271,428.59. Upon motion oper, Kane Development Corp., a/k/a , has the documents were received and filed and recently completed on Lot 1-1-3 St. Mary’s Resolution No. 306-09 Accepting the St. Place (also known as Pine Knoll Condomi- Mary’s Street Retaining Wall Reconstruction niums), with the condition that the City incurs Project and authorizing payment of the con-no additional expense with regard to colored tract amount to the contractor was adopted. concrete. Upon motion the documents were received and filed and Resolution No. 307-09 RESOLUTION NO. 306-09 Accepting sanitary sewer and watermain im- ACCEPTING THE ST. MARY’S STREET RE- provements in Lot 1-1-3 St. Mary’s Place in the TAINING WALL RECONSTRUCTION City of Dubuque, Iowa (also known as Pine PROJECT AND AUTHORIZING THE PAY- Knoll condominiums); and Resolution No. 308- MENT OF THE CONTRACT AMOUNT TO 09 Accepting a Grant of Easement for sanitary THE CONTRACTOR sewer and water main improvements in Lot 1- Whereas, the Public Improvement Contract 1-3 St. Mary’s Place in the City of Dubuque for the St. Mary’s Street Retaining Wall Re-were adopted. construction Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Con- Book 139 Regular Session, September 8, 2009 299 RESOLUTION NO. 307-09 Corporation, a copy of which is attached here- ACCEPTING SANITARY SEWER AND WA- to. TERMAIN IMPROVEMENTS IN LOT 1-1-3 Section 2. The Mayor is hereby authorized ST. MARY’S PLACE IN THE CITY OF DU- and directed to execute and acknowledge on BUQUE, IOWA (ALSO KNOWN AS PINE behalf of the City of Dubuque any instruments KNOLL CONDOMINIUMS) in connection herewith. th Whereas, certain improvements including Passed, approved and adopted this 8 day sanitary sewer and watermain were installed of September, 2009. by the developer of Lot 1-1-3 St. Mary’s Place Roy D. Buol, Mayor (Pine Knoll Condominiums); and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the sanitary sewer and water- main improvements have been completed and Dubuque Industrial Center West – North the City Manager has examined the work and Siegert Farm: City Manager recommending has filed a certificate stating that the same has acceptance of the sanitary sewer and water- been completed in accordance with the plans main easements in the Dubuque Industrial approved by the City Council and in confor-Center West for the extension of said utilities mance with City specifications, and has rec-with regard to the development of the North ommended that the improvements be ac-Siegert Farm. Upon motion the documents cepted by the City Council. were received and filed and Resolution No. NOW THEREFORE, BE IT RESOLVED 309-09 Accepting a grant of an easement for BY THE CITY COUNCIL OF THE CITY OF sanitary sewer through, under and across a DUBUQUE, IOWA: part of Lot A of Westbrook Subdivision in the Section 1. That the recommendation of the City of Dubuque and Resolution No. 310-09 City Manager be approved and that said sani-Accepting a grant of an easement for water- tary sewer and watermain improvements in Lot main through, under and across a part of Lot 1 th 1-1-3 St. Mary’s Place in the City of Dubuque, of Lot 1 of Dubuque Industrial Center West 5 Iowa (also known as Pine Knoll Condomi-Addition in the City of Dubuque were adopted. niums), be and the same is hereby accepted. RESOLUTION NO. 309-09 Section 2. That maintenance of said im- ACCEPTING A GRANT OF AN EASEMENT provements, including the replacement of co- FOR SANITARY SEWER THROUGH, UN- lored or patterned concrete streets, driveways, DER AND ACROSS A PART OF LOT A OF and sidewalks at the option of the Homeown- WESTBROOK SUBDIVISION IN THE CITY ers Association, shall be the responsibility of OF DUBUQUE Renaissance Construction Corp. for a period of two (2) years from this date. Whereas, Callahan Construction, Inc. has Passed, approved and adopted this 8th executed an Easement for Sanitary Sewer day of September, 2009. through, under and across a part of Lot A of Roy D. Buol, Mayor Westbrook Subdivision in the City of Dubuque, Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 308-09 BY THE CITY COUNCIL OF THE CITY OF ACCEPTING A GRANT OF EASEMENT FOR DUBUQUE, IOWA: SANITARY SEWER AND WATER MAIN IM- Section 1. The City Council of the City of PROVEMENTS IN LOT 1-1-3 ST. MARY’S Dubuque, Iowa, hereby approves of, accepts PLACE IN THE CITY OF DUBUQUE and consents to the Grant of Easement for Whereas, Pine Knoll Homeowner’s Asso-Sanitary Sewer through, under and across a ciation, an Iowa non-profit Corporation, has part of Lot A of Westbrook Subdivision in the executed an Easement for Sanitary Sewer and City of Dubuque, Dubuque County, Iowa from Water main and appurtenances through, under Callahan Construction, Inc., a copy of which is and across a part of Lot 1-1-3 St. Mary’s Place attached hereto. in the City of Dubuque, Dubuque County, Section 2. The Mayor is hereby authorized Iowa. and directed to execute and acknowledge on NOW THEREFORE, BE IT RESOLVED behalf of the City of Dubuque any instruments BY THE CITY COUNCIL OF THE CITY OF in connection herewith. DUBUQUE, IOWA: Passed, approved and adopted this 8th Section 1. The City Council of the City of day of September, 2009. Dubuque, Iowa, hereby approves of, accepts Roy D. Buol, Mayor and consents to the Grant of Easement for Attest: Jeanne F. Schneider, CMC, City Clerk Sanitary Sewer and Water main and appur- tenances through, under and across a part of Lot 1-1-3 St. Mary’s Place in the City of Dubu- que, Dubuque County, Iowa from Pine Knoll Homeowner’s Association, an Iowa non-profit 300 Regular Session, September 8, 2009 Book 139 RESOLUTION NO. 310-09 Section 2. The Finance Director is hereby ACCEPTING A GRANT OF AN EASEMENT directed to pay to the Contractor from the FOR WATERMAIN THROUGH, UNDER AND Town Clock Plaza Repair Capital Improvement ACROSS A PART OF LOT 1 OF 1 OF DU- Project appropriation for the contract amount TH BUQUE INDUSTRIAL CENTER WEST 5 of $13,730.20 less any retained percentage ADDITION IN THE CITY OF DUBUQUE provided for therein as provided in Iowa Code Whereas, Giese Properties, LLC has ex-chapter 573, and to pay such retainage only in ecuted an Easement for Watermain through, accordance with the provisions of Iowa Code under and across a part of Lot 1 of 1 of Dubu-chapter 573. th que Industrial Center West 5 Addition in the Passed, approved and adopted this 8th City of Dubuque, Dubuque County, Iowa. day of September, 2009. NOW THEREFORE, BE IT RESOLVED Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: CITY ENGINEER’S CERTIFICATE Section 1. The City Council of the City of OF FINAL COMPLETION OF THE Dubuque, Iowa, hereby approves of, accepts TOWN CLOCK PLAZA and consents to the Grant of Easement for CONCRETE REPAIR PROJECT Watermain through, under and across a part of Lot 1 of 1 of Dubuque Industrial Center West The undersigned City Engineer of the City th 5 Addition in the City of Dubuque, Dubuque of Dubuque, Iowa, hereby certifies that he has County, Iowa from Giese Properties, LLC, a inspected the Town Clock Plaza Concrete copy of which is attached hereto. Repair Project, that the Project has been per- Section 2. The Mayor is hereby authorized formed in compliance with the terms of the and directed to execute and acknowledge on Public Improvement Contract, and that the behalf of the City of Dubuque any instruments total cost of the completed work is $13,730.20. rd in connection herewith. Dated this 3 day of September, 2009. th Passed, approved and adopted this 8 day Gus Psihoyos, City Engineer rd of September, 2009. Filed in the office of the City Clerk on the 3 Roy D. Buol, Mayor day of September, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Jeanne F. Schneider, CMC, City Clerk Town Clock Plaza Concrete Repair National Mississippi River Museum and Project: City Manager recommending accep-Aquarium River Center, Phase I – Roof Re- tance of the Town Clock Plaza Concrete Re-placement Project: City Manager recommend- pair Project as completed by Eastern Iowa ing acceptance of the National Mississippi Excavating in the final contract amount of River Museum and Aquarium River Center, $13,730.20. Upon motion the documents were Phase I – Roof Replacement Project as com- received and filed and Resolution No. 311-09 pleted by Geisler Brothers Company in the Accepting the Town Clock Plaza Concrete final contract amount of $41,765.00. Upon Repair Project and authorizing payment of the motion the documents were received and filed contract amount to the contractor was and Resolution No. 312-09 Accepting the Na- adopted. tional Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement RESOLUTION NO. 311-09 Project and authorizing payment of the con- ACCEPTING THE TOWN CLOCK PLAZA tract amount to the contractor was adopted. CONCRETE REPAIR PROJECT AND AU- THORIZING THE PAYMENT OF THE CON-RESOLUTION NO. 312-09 TRACT AMOUNT TO THE CONTRACTOR ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS Whereas, the Public Improvement Contract CENTER PROJECT, PHASE I – ROOF RE- for the Town Clock Plaza Concrete Repair PLACEMENT PROJECT (IOWA DOT NO. Project (the Project) has been completed and EDP-2100 (638)--7Y-31) AND AUTHORIZING the City Engineer has examined the work and THE PAYMENT OF THE CONTRACT filed a certificate stating that the Project has AMOUNT TO THE CONTRACTOR been completed according to the terms of the Public Improvement Contract and that the City Whereas, the Public Improvement Contract Engineer recommends that the Project be ac-for the National Mississippi River Museum and cepted; and Aquarium Rivers Center Project, Phase I – NOW THEREFORE, BE IT RESOLVED Roof Replacement Project (Iowa DOT No. BY THE CITY COUNCIL OF THE CITY OF EDP-2100 (638)--7Y-31) (the Project) has DUBUQUE, IOWA: been completed and the City Engineer has Section 1. The recommendation of the City examined the work and filed a certificate stat- Engineer is approved and the Project is hereby ing that the Project has been completed ac- accepted. cording to the terms of the Public Improvement Book 139 Regular Session, September 8, 2009 301 Contract and that the City Engineer recom-Preliminary Digitized Flood Insurance Rate mends that the Project be accepted; and Map (DFIRM): City Manager recommending NOW THEREFORE, BE IT RESOLVED approval of the transmittal of a letter from BY THE CITY COUNCIL OF THE CITY OF Mayor Buol to FEMA requesting revision of DUBUQUE, IOWA: proposed floodplain boundary delineations or Section 1. The recommendation of the City regulatory floodway boundaries in the prelimi- Engineer is approved and the Project is hereby nary DFIRM. Upon motion the documents accepted. were received, filed, and approved. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Riv-Amendment to Development Agreement – ers to the See Exhibit Grant (EDP-2100 (638)--Hotel Julien: City Manager recommending 7Y-31) ($33,412, 80%), and the City shall be approval of the First Amendment to the Devel- reimbursed in the amount of $8,353 (20%) opment Agreement for HJD Landlord, LLC and from the Dubuque County Historical Society HJD Manager, LLC to support their rehabilita- ($8,353.00) for the contract amount of tion of the Hotel Julien at 200 Main Street. $41,765.00 less any retained percentage pro-Upon motion the documents were received vided for therein as provided in Iowa Code and filed and Resolution No. 313-09 Approving chapter 573, and to pay such retainage only in the First Amendment to the HJD Landlord, accordance with the provisions of Iowa Code LLC and HJD Manager, LLC Development chapter 573. Agreement was adopted. th Passed, approved and adopted this 8 day RESOLUTION NO. 313-09 of September, 2009. APPROVING THE FIRST AMENDMENT TO Roy D. Buol, Mayor THE HJD LANDLORD, LLC and HJD MAN- Attest: Jeanne F. Schneider, CMC, City Clerk AGER, LLC DEVELOPMENT AGREEMENT CITY ENGINEER’S CERTIFICATE OF FINAL Whereas, a Development Agreement (the COMPLETION OF THE Agreement), dated April 21, 2008, was entered NATIONAL MISSISSIPPI RIVER MUSEUM into by and between the City of Dubuque, a AND AQUARIUM RIVERS CENTER municipal corporation of the State of Iowa PROJECT, PHASE I – ROOF REPLACE- (City), and HJD Landlord, LLC and HJD Man- MENT PROJECT (IOWA DOT NO. EDP-2100 ager, LLC (Developer); and (638)--7Y-31) Whereas, City and HJD Landlord, LLC and The undersigned City Engineer of the City HJD Manager, LLC now desire to amend the of Dubuque, Iowa, hereby certifies that he has Development Agreement as set forth attached inspected the National Mississippi River Mu-First Amendment. seum and Aquarium Rivers Center Project, NOW, THEREFORE, BE IT RESOLVED Phase I – Roof Replacement Project (Iowa BY THE CITY COUNCIL OF THE CITY OF DOT No. EDP-2100 (638)--7Y-31), that the DUBUQUE, IOWA: Project has been performed in compliance with Section 1. That the First Amendment of the the terms of the Public Improvement Contract, HJD Landlord, LLC and HJD Manager, LLC and that the total cost of the completed work is Development Agreement is hereby approved. $41,765.00. Section 2. That the Mayor is hereby autho- rd Dated this 3 day of September, 2009. rized and directed to execute said First Gus Psihoyos, City Engineer Amendment on behalf of the City of Dubuque rd Filed in the office of the City Clerk on the 3 and the City Clerk is authorized and directed to day of September, 2009. attest to his signature. Jeanne F. Schneider, CMC, City Clerk Section 3. That the City Manager is autho- rized to take such actions as are necessary to Historic Preservation Commission: Historic implement the terms of the First Amendment Preservation Commission recommending that as herein approved. the Roshek Building be eligible for nomination Passed, approved and adopted this 8th to the National Register of Historic Places. day of September, 2009. Upon motion the documents were received, Roy D. Buol, Mayor filed, and concurred. Attest: Jeanne F. Schneider, City Clerk 2010 Census New Construction Program: Hillcrest Family Services: City Manager re- City Manager recommending approval of the commending approval of a Parking License appointment of Assistant Planner Guy He-Agreement with Hillcrest Family Services, Inc. menway as the liaison for the U.S. Census for thirty parking spaces in the Wilbright Lane Bureau’s 2010 Census New Construction Pro-parking lot in Flora Park. Upon motion the gram. Upon motion the documents were re-documents were received, filed, and approved. ceived, filed, and approved. 302 Regular Session, September 8, 2009 Book 139 Acceptance of EPA Generation Green the original expenditures will be paid are rea- Grant Agreement: City Manager recommend-sonably expected to be as set forth on Exhibit ing acceptance of a Generation Green Grant A attached and made a part thereof. Agreement with the U.S. Environmental Pro-Section 4. The City reasonably expects to tection Agency. Upon motion the documents reimburse the Reimbursement Project costs were received, filed, and approved. not later than the later of eighteen months after Fiscal Year 2010 Bond Projects: City Man-the capital expenditures are paid or eighteen ager recommending approval of a Declaration months after the applicable property is placed of Official Intent to reimburse from bond in service. proceeds for prior expenditures made for the Section 5. This Resolution shall be main- Bee Branch Creek Restoration, Downtown tained by the City Clerk and available at all Public Parking Ramp and Water Vacuum Filter times for public inspection, subject to such Building Back-up Power Supply capital revision as may be necessary. th projects. Upon motion the documents were Passed and approved this 8 day of Sep- received and filed and Resolution No. 314-09 tember, 2009 Declaring an official intent under Treasury Roy D. Buol, Mayor Regulation 1.150-2 to issue debt to reimburse Attest: Jeanne F. Schneider, CMC, City Clerk EXHIBIT A the City for certain original expenditures paid in connection with specified projects was Anticipated Name of fund amount of or account adopted. Name of bonds to be from which Reimbursement issued for the original RESOLUTION NO. 314-09 Project project expenditures DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150.2 TO IS- Bee Branch SUE DEBT TO REIMBURSE THE CITY FOR Creek CERTAIN ORIGINAL EXPENDITURES PAID Restoration Stormwater IN CONNECTION THE SPECIFIED Project $4,267,235* Fund PROJECTS WHEREAS, the City of Dubuque, Iowa Greater Downtown Pub-Downtown (“City”) anticipates making cash expenditures lic Parking Urban Re- for one or more of the approved capital im- th Ramp – 5 & newal TIFF provement projects, generally described on Bluff $11,169.003 Fund Exhibit A attached hereto and made apart he- reof (which shall hereinafter be referred to as Water Vacuum the “Reimbursement Projects”); and Filter WHEREAS, the City reasonably expects to Building Back-Water issue debt to reimburse the costs of the Reim- up Power Revenue bursement Projects; and Supply $28,000 Fund WHEREAS, the Council believes it is con- *Includes both bonds and SRF loan. sistent with the City’s budgetary and financial circumstances to issue this declaration of offi- Signed Contracts: A) Award Inspection and cial intent. Engineering Services Contract for West Third NOW, THEREFORE, BE IT RESOLVED Reservoir to IIW Engineers; B) Parking Ramp BY THE CITY COUNCIL OF THE CITY OF Soil Agreement between W.C. Stewart Con- DUBUQUE, IOWA, AS FOLLOWS: struction Company and the City of Dubuque; Section 1. This Resolution shall serve as a C) Agreement for Services from Durrant Group declaration of official intent under Treasury for Grand River Center Projects; D) Eagle Regulation 1.150-2. Point Park Erosion Control; and E) North Fork Section 2. It is reasonably expected that Catfish Creek Water Main Improvements. capital expenditures will be made in respect of Upon motion the documents were received the Reimbursement Projects, from time to time and filed. and in such amounts as this Council deter- mines to be necessary or desirable under the Liquor and Tobacco License Applications: circumstances then and there existing, and City Manager recommending approval of an- this Council reasonably expects to reimburse nual liquor license renewals as submitted. all or a portion of such expenditures with the Upon motion the documents were received proceeds of bonds, notes or other indebted- and filed and Resolution No. 315-09 Granting ness to be issued or incurred by the City in the the issuance of two renewals permits to sell future. cigarettes and cigarette papers to Hiba Petro- Section 3. The maximum principal amount leum and Walgreen Company; Resolution No. of bonds, notes, or other indebtedness to be 316-09 Granting the issuance of a Class “C” issued for the Reimbursement Projects, and Beer Permit to Holy Ghost Church, Eagle the name of the fund or account from which Book 139 Regular Session, September 8, 2009 303 th Country Market, Sid’s Beverage and Wal-Mart Passed, approved and adopted this 8 day Supercenter; and Resolution No. 317-09 of September, 2009 Granting the issuance of a Class “C” Roy D. Buol, Mayor Beer/Liquor License to Carlos O’Kelly’s, Star Attest: Jeanne F. Schneider, CMC, City Clerk Restaurant and Ultra Lounge, Los Aztecas RESOLUTION NO. 317-09 Mexican Restaurant, Bandana’s Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a Special Whereas, applications for Liquor Licenses Class “C” (BW) Liquor License to Tri-State have been submitted to this Council for ap- Blind Society; a Class “B” Wine Permit to proval and the same have been examined and Eagle Country Market, Sid’s Beverage and approved; and Wal-Mart Supercenter; a Class “B” (WBN) Whereas, the premises to be occupied by Native Wine Permit to Mandolin Inn and Ca-such applicants were inspected and found to sey’s General Store #2421; and a Special comply with the State Laws and all City Ordin- Class “C” (BW) Liquor License (5-Day Special ances relevant thereto and they have filed Event) to Riverview Center (September 18 and proper bonds. 25, 2009) and Dubuque County Fine Arts So-NOW, THEREFORE, BE IT RESOLVED ciety (September 9, 25, 26 and October 1, BY THE CITY COUNCIL OF THE CITY OF 2009) were adopted. DUBUQUE, IOWA: That the Manager be authorized to cause RESOLUTION NO. 315-09 to be issued the following named applicants a NOW, THEREFORE, BE IT RESOLVED BY Liquor License. THE CITY COUNCIL OF THE CITY OF DU-CLASS “C” BEER/LIQUOR LICENSE BUQUE, IOWA: Carlos O’Kelly’s, Carlos O’Kelly’s That the following having complied with the +(Sunday Sale), 1355 Associates Drive provisions of law relating to the sale of Ciga-James Madison, Inc., Star Restaurant & rettes within the City of Dubuque, Iowa, be Ultra Lounge +(Sunday/Outdoor), 600 Star granted a permit to sell Cigarettes and Ciga-Brewery Drive rette Papers within said City. Famolo Iowa, Inc., Los Aztecas Mexican 2 RENEWALS Restaurant +(Sunday Sale), 2700 Dodge Hiba Petroleum, Omer Faroog, 700 Rhom-Street berg Avenue Bandana’s Missouri, LLC, Bandana’s Bar- Walgreens #11942, Walgreen Co., 345 E. B-Q +(Sunday Sale), 2035 JFK Road th 20 Street IBRICO, Inc., Fat Tuesday (1 Day Outdoor th Passed, approved and adopted this 8 day Sale), 1121 University Avenue of September, 2009 Roy D. Buol, Mayor SPECIAL CLASS “C” (BW) LIQUOR Attest: Jeanne F. Schneider, CMC, City Clerk Tri-State Independent Blind, Tri-State Blind Society, 3333 Asbury Road RESOLUTION NO. 316-09 CLASS “B” WINE Whereas, applications for Beer Permits Downtown Eagle, Inc., Eagle Country Mar- have been submitted and filed to this Council ket, 1800 Elm Street for approval and the same have been ex-Sid’s Beverage Store, Sid’s Beverage, amined and approved: and 2727 Dodge Street Whereas, the premises to be occupied by Wal-Mart Stores, Inc., Wal-Mart Supercen- such applicants were inspected and found to ter #2004, 4200 Dodge Street comply with the Ordinances of the City and have filed proper bonds. CLASS “B” (WBN) NATIVE WINE NOW, THEREFORE, BE IT RESOLVED Mandolin Inn, Mandolin Inn, 199 Loras BY THE CITY COUNCIL OF THE CITY OF Blvd. DUBUQUE, IOWA: Casey’s Marketing Company, Casey Gen- That the Manager be authorized to cause eral Store #2421, 400 Peru Road to be issued the following named applicants a Beer Permit. SPECIAL CLASS “C” (BW) LIQUOR (5-DAY CLASS “C” BEER PERMIT SPECIAL EVENT) Holy Ghost Church, Holy Ghost Church Riverview Center, Riverview Center (9-18- +(Sunday Sale), 2921 Central Avenue 09), 1000 Block of Main Street Downtown Eagle, Inc., Eagle Country Mar-Riverview Center, Riverview Center (9-25- ket +(Sunday Sale), 1800 Elm Street 09), 1000 Jackson Street Sid’s Beverage, Sid’s Beverage+(Sunday DBQ County Fine Arts, Dubuque County Sale), 2727 Dodge Street Fine Arts Society Wal-Mart Stores, Inc., Wal-Mart Supercen-(9-09-09), 1000 Jackson Street ter #2004 +(Sunday Sale), 4200 Dodge Street DBQ County Fine Arts, Dubuque County Fine Arts Society 304 Regular Session, September 8, 2009 Book 139 RESOLUTION NO. 318-09 (9-15-09), 1000 Jackson Street APPROVING PLAT OF LOT 1A OF THE DBQ County Fine Arts, Dubuque County WEST HALF OF BLOCK 10 IN DUBUQUE Fine Arts Society, (9-26-09), 1000 Jackson HARBOR COMPANY’S ADDITION Street DBQ County Fine Arts, Dubuque County Whereas, there has been presented to the Fine Arts Society, (10-01-09), 1000 Jackson City Council of the City of Dubuque, Iowa, a Street plat dated the 25th day of August, 2009, pre- Passed, approved and adopted this 8th pared by Buesing & Associates describing the day of September, 2009 proposed vacated portion of the Jones Street Roy D. Buol, Mayor cul-de-sac to be known as Lot 1 of 1A of the Attest: Jeanne F. Schneider, CMC, City Clerk West Half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, ITEMS TO BE SET FOR PUBLIC HEARING Dubuque County, Iowa; and Whereas, said plat conforms to the laws Motion by Lynch to receive and file the and statutes pertaining thereto. documents, adopt the resolutions, set the pub-NOW, THEREFORE, BE IT RESOLVED lic hearings as indicated, and direct the City BY THE CITY COUNCIL OF THE CITY OF Clerk to publish notice as prescribed by law. DUBUQUE, IOWA: Seconded by Jones. Motion carried 7-0. Section 1. That the plat dated the 25th day of August, 2009 prepared by Buesing & Asso- 40 Main, LLC: City Manager recommend-ciates relative to the real estate hereinabove ing approval of four plats in connection with described be and the same is hereby ap- the proposed vacating and disposal of a por-proved, and the Mayor and City Clerk be and tion of Jones Street and the adjacent alley they are hereby authorized and directed to north of Jones Street as requested by 40 Main, execute said plat for and on behalf of the City LLC. of Dubuque, Iowa. City Manager recommending that a public Section 2. The City of Dubuque reserves hearing be set for September 21, 2009 to con-unto itself a perpetual easement including the sider the vacating of a portion of Jones Street right of ingress and egress thereto, for the and the adjacent alley north of Jones Street purpose of erecting, installing, constructing, behind 42, 44 and 48 Main Street. reconstructing, repairing, owning, operating, City Manager recommending that a public and maintaining water, sewer, drainage, gas, hearing be set for September 21, 2009 to con-telephone, television cable, fiber optics, and sider disposition of real estate by Real Estate electric lines as may be authorized by the City Contract with 40 Main, LLC. of Dubuque, Dubuque County, Iowa, as shown Upon motion the documents were received on said Plat of Lot 1 of 1A of the West Half of and filed and Resolution No. 318-09 Approving Block 10 in Dubuque Harbor Company’s Addi- plat of Lot 1A of the west half of Block 10 in tion. Dubuque Harbor Company’s Addition; Resolu-Section 3. That the City Clerk be and is he- tion No. 319-09 Approving plat of Lot 10A of reby authorized and directed to file said plat the west half of Block 1 in Dubuque Harbor and certified copy of this resolution in the office Company’s Addition; Resolution No. 320-09 of the Recorder in and for Dubuque County, Approving plat of Lot 12A of the west half of Iowa. Block 1 in Dubuque Harbor Company’s Addi-Passed, approved and adopted this 8th tion; Resolution No. 321-09 Approving plat of day of September, 2009. Lot 17A of the west half of Block 1 in Dubuque Roy D. Buol, Mayor Harbor Company’s Addition; Resolution No. Attest: Jeanne F. Schneider, CMC, City Clerk 322-09 Resolution of intent to vacate Lot 1 of RESOLUTION NO. 319-09 10A, Lot 1 of 12A and Lot 1 of 17A all in the APPROVING PLAT OF LOT 10A OF THE west half of Block 1 and Lot 1 of 1A in the west WEST HALF OF BLOCK 1 IN DUBUQUE half of Block 10 in Dubuque Harbor Compa- HARBOR COMPANY’S ADDITION ny’s Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 323-09 Whereas, there has been presented to the Resolution of intent to dispose of the City’s City Council of the City of Dubuque, Iowa, a interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 plat dated the 21st day of August, 2009, pre- of 17A all in the west half of Block 1 and Lot 1 pared by Buesing & Associates describing the of 1A in the west half of Block 10 in Dubuque proposed vacated portion of Locust Street Harbor Company’s Addition in the City of Du-Connector to be known as Lot 1 of 10A of the buque, Dubuque County, Iowa, were adopted West Half of Block 1 in Dubuque Harbor Com- setting the public hearings for a meeting to pany’s Addition in the City of Dubuque, Dubu- commence at 6:30 p.m. on September 21, que County, Iowa; and 2009 in the Historic Federal Building. Whereas, said plat conforms to the laws and statutes pertaining thereto. Book 139 Regular Session, September 8, 2009 305 NOW, THEREFORE, BE IT RESOLVED purpose of erecting, installing, constructing, BY THE CITY COUNCIL OF THE CITY OF reconstructing, repairing, owning, operating, DUBUQUE, IOWA: and maintaining water, sewer, drainage, gas, Section 1. That the plat dated the 21st day telephone, television cable, fiber optics, and of August, 2009 prepared by Buesing & Asso-electric lines as may be authorized by the City ciates relative to the real estate hereinabove of Dubuque, Dubuque County, Iowa, as shown described be and the same is hereby ap-on said Plat of Lot 1 of 12A of the West Half of proved, and the Mayor and City Clerk be and Block 1 in Dubuque Harbor Company’s Addi- they are hereby authorized and directed to tion. execute said plat for and on behalf of the City Section 3. That the City Clerk be and is he- of Dubuque, Iowa. reby authorized and directed to file said plat Section 2. The City of Dubuque reserves and certified copy of this resolution in the office unto itself a perpetual easement including the of the Recorder in and for Dubuque County, right of ingress and egress thereto, for the Iowa. purpose of erecting, installing, constructing, Passed, approved and adopted this 8th reconstructing, repairing, owning, operating, day of September, 2009. and maintaining water, sewer, drainage, gas, Roy D. Buol, Mayor telephone, television cable, fiber optics, and Attest: Jeanne F. Schneider, CMC, City Clerk electric lines as may be authorized by the City RESOLUTION NO. 321-09 of Dubuque, Dubuque County, Iowa, as shown APPROVING PLAT OF LOT 17A OF THE on said Plat of Lot 1 of 10A of the West Half of WEST HALF OF BLOCK 1 IN DUBUQUE Block 1 in Dubuque Harbor Company’s Addi- HARBOR COMPANY’S ADDITION tion. Section 3. That the City Clerk be and is he-Whereas, there has been presented to the reby authorized and directed to file said plat City Council of the City of Dubuque, Iowa, a and certified copy of this resolution in the office plat dated the 25th day of August, 2009, pre- of the Recorder in and for Dubuque County, pared by Buesing & Associates describing the Iowa. proposed vacated portion of the Jones Street Passed, approved and adopted this 8th cul-de-sac to be known as Lot 1 of 17A of the day of September, 2009. West Half of Block 1 in Dubuque Harbor Com- Roy D. Buol, Mayor pany’s Addition in the City of Dubuque, Dubu- Attest: Jeanne F. Schneider, CMC, City Clerk que County, Iowa; and Whereas, said plat conforms to the laws RESOLUTION NO. 320-09 and statutes pertaining thereto. APPROVING PLAT OF LOT 12A OF THE NOW, THEREFORE, BE IT RESOLVED WEST HALF OF BLOCK 1 IN DUBUQUE BY THE CITY COUNCIL OF THE CITY OF HARBOR COMPANY’S ADDITION DUBUQUE, IOWA: Whereas, there has been presented to the Section 1. That the plat dated the 25th day City Council of the City of Dubuque, Iowa, a of August, 2009 prepared by Buesing & Asso- plat dated the 25th day of August, 2009, pre-ciates relative to the real estate hereinabove pared by Buesing & Associates describing the described be and the same is hereby ap- proposed vacated portion of the alley north of proved, and the Mayor and City Clerk be and Jones Street and east of Main Street to be they are hereby authorized and directed to known as Lot 1 of 12A of the West Half of execute said plat for and on behalf of the City Block 1 in Dubuque Harbor Company’s Addi-of Dubuque, Iowa. tion in the City of Dubuque, Dubuque County, Section 2. The City of Dubuque reserves Iowa; and unto itself a perpetual easement including the Whereas, said plat conforms to the laws right of ingress and egress thereto, for the and statutes pertaining thereto. purpose of erecting, installing, constructing, NOW, THEREFORE, BE IT RESOLVED reconstructing, repairing, owning, operating, BY THE CITY COUNCIL OF THE CITY OF and maintaining water, sewer, drainage, gas, DUBUQUE, IOWA: telephone, television cable, fiber optics, and Section 1. That the plat dated the 25th day electric lines as may be authorized by the City of August, 2009 prepared by Buesing & Asso-of Dubuque, Dubuque County, Iowa, as shown ciates relative to the real estate hereinabove on said Plat of Lot 1 of 17A of the West Half of described be and the same is hereby ap-Block 1 in Dubuque Harbor Company’s Addi- proved, and the Mayor and City Clerk be and tion. they are hereby authorized and directed to Section 3. That the City Clerk be and is he- execute said plat for and on behalf of the City reby authorized and directed to file said plat of Dubuque, Iowa. and certified copy of this resolution in the office Section 2. The City of Dubuque reserves of the Recorder in and for Dubuque County, unto itself a perpetual easement including the Iowa. right of ingress and egress thereto, for the 306 Regular Session, September 8, 2009 Book 139 Passed, approved and adopted this 8th and conditions of the Real Estate Contract day of September, 2009. attached hereto; and Roy D. Buol, Mayor Whereas, the City Council finds that it is in Attest: Jeanne F. Schneider, CMC, City Clerk the interests of the City of Dubuque to approve the Real Estate Contract. RESOLUTION NO. 322-09 NOW THEREFORE, BE IT RESOLVED RESOLUTION OF INTENT TO VACATE LOT BY THE CITY COUNCIL OF THE CITY OF 1 OF 10A, LOT 1 OF 12A AND LOT 1 OF DUBUQUE, IOWA: 17A ALL IN THE WEST HALF OF BLOCK 1 Section 1. That the City of Dubuque in- AND LOT 1 OF 1A IN THE WEST HALF OF tends to dispose of its interest in Lot 1 of 10A, BLOCK 10 IN DUBUQUE HARBOR COM- Lot 1 of 12A and Lot 1 of 17A all in the West PANY’S ADDITION IN THE CITY OF DUBU- Half of Block 1 and Lot 1 of 1A in the West QUE, DUBUQUE COUNTY, IOWA Half of Block 10 in Dubuque Harbor Compa- Whereas, 40 Main, LLC has requested the ny’s Addition in the City of Dubuque, Dubuque vacating and disposal of a portion of Jones County, Iowa pursuant to the Real Estate Con- Street and adjacent alleys; and tract attached hereto contingent upon the Whereas, Buesing & Associates has pre-payment by 40 Main, LLC of $157,583.00, plus pared and submitted to the City Council plats platting, publication, and filing fees. showing the vacated portions of rights-of-way Section 2. The City Clerk is hereby autho- and assigned lot numbers thereto, which he-rized and directed to cause this Resolution and reinafter shall be known and described as Lot a notice to be published as prescribed by Iowa 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in Code Section 364.7 of a public hearing on the the West Half of Block 1 and Lot 1 of 1A in the City's intent to dispose of the foregoing- st West Half of Block 10 in Dubuque Harbor described real property, to be held on the 21 Company’s Addition in the City of Dubuque, day of September, 2009, at 6:30 o'clock p.m. at Dubuque County, Iowa, should be approved. the Historic Federal Building, Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 8th BY THE CITY COUNCIL OF THE CITY OF day of September, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. That the City of Dubuque in-Attest: Jeanne F. Schneider, CMC, City Clerk tends to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the West Half of Block 1 and West End Commercial Subdivision: City Lot 1 of 1A in the West Half of Block 10 in Du-Manager recommending that a public hearing buque Harbor Company’s Addition in the City be set for September 21, 2009 to consider a of Dubuque, Dubuque County, Iowa. request from Tschiggfrie Excavating Company Section 2. The City Clerk is hereby autho-to vacate and dispose of the final plat of West rized and directed to cause this Resolution and End Commercial Subdivision. Upon motion the a notice to be published as prescribed by Iowa documents were received and filed and Reso- Code Section 364.7 of a public hearing on the lution No. 324-09 Resolution of intent to vacate City's intent to vacate the foregoing-described the final plat of West End Commercial Subdivi- real property, to be held on the 21st day of sion and dispose of City interest in Lot A and September, 2009, at 6:30 o'clock p.m. at the Lot B in West End Commercial Subdivision in Historic Federal Building, Dubuque, Iowa. the City of Dubuque, Dubuque County, Iowa, Passed, approved and adopted this 8th was adopted setting a public hearing for a day of September, 2009. meeting to commence at 6:30 p.m. on Sep- Roy D. Buol, Mayor tember 21, 2009 in the Historic Federal Build- Attest: Jeanne F. Schneider, CMC, City Clerk ing. RESOLUTION NO. 323-09 RESOLUTION NO. 324-09 RESOLUTION OF INTENT TO DISPOSE OF RESOLUTION OF INTENT TO VACATE THE THE CITY’S INTEREST IN LOT 1 OF 10A, FINAL PLAT OF WEST END COMMERCIAL LOT 1 OF 12A AND LOT 1 OF 17A ALL IN SUBDIVISION AND DISPOSE OF CITY IN- THE WEST HALF OF BLOCK 1 AND LOT 1 TEREST IN LOT A AND LOT B IN WEST OF 1A IN THE WEST HALF OF BLOCK 10 IN END COMMERCIAL SUBDIVISION IN THE DUBUQUE HARBOR COMPANY’S ADDI-CITY OF DUBUQUE, DUBUQUE COUNTY, TION IN THE CITY OF DUBUQUE, DUBU-IOWA QUE COUNTY, IOWA Whereas, Tschiggfrie Excavating Co. has Whereas, 40 Main, LLC has offered to pur-requested the vacating of the Final Plat of chase Lot 1 of 10A, Lot 1 of 12A and Lot 1 of West End Commercial Subdivision; and 17A all in the West Half of Block 1 and Lot 1 of Whereas, IIW Engineers & Surveyors, PC 1A in the West Half of Block 10 in Dubuque has prepared and submitted to the City Coun- Harbor Company’s Addition in the City of Du-cil a plat showing the vacated Final Plat of buque, Dubuque County, Iowa, upon the terms West End Commercial Subdivision, which he- Book 139 Regular Session, September 8, 2009 307 reinafter shall be known and described as the Renewal District (a merger of the Downtown Final Plat of West End Commercial Subdivi-Dubuque and Ice Harbor Urban Renewal Dis- sion No. 2 in the City of Dubuque, Dubuque tricts) (the “District”) in order to provide redeve- County, Iowa should be approved. lopment opportunities which will further the NOW THEREFORE, BE IT RESOLVED purposes and objectives of the foregoing Ur- BY THE CITY COUNCIL OF THE CITY OF ban Renewal Plan; and DUBUQUE, IOWA: Whereas, the City Council has found that Section 1. That the City of Dubuque, Iowa, certain areas adjacent to the District meet the intends to vacate and dispose of its interest definition of a blighted area as found in Chap- the Final Plat of West End Commercial Subdi-ter 403 "Urban Renewal" of the Iowa Code; vision in the City of Dubuque, Dubuque Coun-and ty, Iowa. Whereas, Chapter 403 of the Iowa Code Section 2. That the conveyance of Lot A requires that before urban renewal authority and Lot B of West End Commercial Subdivi-may be exercised, a City Council must adopt a sion in the City of Dubuque, Dubuque County, resolution of necessity finding that the area in Iowa, be contingent upon the payment of question is a slum, blighted or economic de- $300.00, plus platting, publication, and filing velopment area, and that so designating such fees. area is necessary in the interest of the public Section 3. That the City Clerk be and is he-health, safety or welfare of the residents of the reby authorized and directed to cause a notice municipality. of intent to vacate the Final Plat of West End NOW, THEREFORE, BE IT RESOLVED Commercial Subdivision and dispose of Lot A BY THE CITY COUNCIL OF THE CITY OF and Lot B of West End Commercial Subdivi-DUBUQUE, IOWA: sion said real estate to be published in the Section 1. That the following described manner as prescribed by law. area, which is proposed to be added to the th Passed, approved and adopted this 8 day Greater Downtown Urban Renewal District, is of September, 2009. a blighted area as defined by Chapter 403 of Roy D. Buol, Mayor the Iowa Code and is appropriate for an urban Attest: Jeanne F. Schneider, CMC, City Clerk renewal project, to wit: 1) Cable Car Subarea Amended and Restated Greater Downtown Commencing as a point of reference at the Urban Renewal District: City Manager recom-intersection of the centerlines of Second Street mending that a public hearing be set for Octo-and Locust Street in the City of Dubuque, Du- ber 5, 2009 to consider a Resolution of Neces-buque County, Iowa, said point being the point sity for the Amended and Restated Greater of beginning; Thence southeasterly along the Downtown Urban Renewal District. Upon mo-centerline of Locust Street to a point of inter- tion the documents were received and filed section with the centerline of First Street; and Resolution No. 325-09 Resolution of ne-Thence southwesterly along the centerline of cessity finding that certain areas adjacent to First Street to a point of intersection with the the Greater Downtown Urban Renewal District centerline of Bluff Street; Thence northwesterly meet the definition of a blighted area under the along the centerline of Bluff Street to a point of Urban Renewal Law, and that development of intersection with the centerline of Emmett said areas is necessary in the interest of the Street; Thence southwesterly along the center- residents of the City of Dubuque, Iowa, was line of Emmett Street to a point of intersection adopted setting a public hearing for a meeting with the centerline of St. Mary’s Street; Thence to commence at 6:30 p.m. on October 5, 2009 northwesterly along the centerline of St. Mary’s in the Historic Federal Building. Street and to a point of intersection with the northerly line of Cathedral Center extended RESOLUTION NO. 325.09 southwesterly; Thence northeasterly along the RESOLUTION OF NECESSITY FINDING northerly line of Cathedral Center to a point of THAT CERTAIN AREAS ADJACENT TO intersection with the westerly right of way line THE GREATER DOWNTOWN URBAN RE- of Bluff Street; Thence northwesterly along NEWAL DISTRICT MEET THE DEFINITION said westerly right of way line of Bluff Street OF A BLIGHTED AREA UNDER THE UR- and extension thereof to a point of intersection BAN RENEWAL LAW, AND THAT DEVEL- with the centerline of Third Street; Thence OPMENT OF SAID AREAS IS NECESSARY southwesterly along the centerline of Third IN THE INTEREST OF THE RESIDENTS OF Street to a point of intersection with the wes- THE CITY OF DUBUQUE, IOWA . terly line of Lot 1 of the East 78 ft. of the South Whereas, the City Council of the City of 100 ft. of Lot 4 of City Lot 692 extended sou- Dubuque has heretofore, by Resolution No. therly; Thence northwesterly along said wes- 300-08 adopted on September 2, 2008, ap-terly line to a point of intersection with the sou- proved the Amended and Restated Urban Re-therly line of Fenelon Point Subdivision; newal Plan for the Greater Downtown Urban Thence northeasterly along said southerly line 308 Regular Session, September 8, 2009 Book 139 to a point of intersection with the westerly line tation process required by law with affected of Lot 2 of 2 of City Lot 692;Thence northwes-taxing entities. terly along said westerly line and westerly line Section 4. That the City Clerk is directed to of Lot 1 of 2 of City Lot 692 to a point of inter-publish notice of a public hearing on the adop- section with the southerly right of way line of tion of the proposed Amended and Restated W. Fourth Street; Thence northeasterly across Urban Renewal Plan for the Greater Down- W. Fourth Street to the southwest corner of Lot town Urban Renewal District to be held on 1 of Evan’s Place, said point also being on the October 5, 2009 at 6:30 p.m. in the Historic northerly right of way line of W. Fourth Street; Federal Building, 350 West 6th Street, Dubu- Thence northwesterly along the west line of que, Iowa 52001 and that said notice shall said Lot 1 to the southeast corner of Lot 34 of generally identify the areas covered by the Cooper Heights Addition; Thence continuing Amended and Restated Plan, the areas pro- northwesterly along the easterly line of Lots posed to be added to the District, and the gen- 34, 35, 36 and 37 of Cooper Heights Addition eral scope of the urban renewal activities to a point of intersection with the southerly planned for such areas, and that said notice right of way line of W. Fifth Street; Thence shall be published and available to the public northeasterly to a point of intersection in the on September 25, 2009. centerline of W. Fifth Street approximately 270 Section 5. That the City Clerk is further di- feet southwesterly of the centerline of Bluff rected to send by ordinary mail a copy of said Street; Thence northwesterly along the center-Plan and notice of public hearing to the Dubu- line of W. Fifth Street to a point of intersection que Community School District, the County with the southerly line of Coriell’s Dubuque Board of Supervisors and the Northeast Iowa also being the northerly right of way line of W. Community College, as the affected taxing Fifth Street; Thence northeasterly along said entities. th right of way line of W. Fifth St. to the south-Passed, approved and adopted this 8 day west corner of Lot 1 of City Lot 690;Thence of September, 2009. northwesterly along the westerly line of said Roy D. Buol, Mayor Lot 1 to the northwest corner of said Lot Attest: Jeanne F. Schneider, City Clerk 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot Fiscal Year 2010 First Budget Amendment: 1;Thence southeasterly along the easterly line City Manager recommending that a public of said Lot 1 to a point of intersection with the hearing be set for September 21, 2009 to con- northerly line of the south 62.5 ft. of the north sider approval of the first amendment to the 64 ft. of City lot 617;Thence northeasterly Fiscal Year 2010 budget. Upon motion the along said northerly line and extension thereof documents were received and filed and Reso- to a point of intersection with the centerline of lution No. 326-09 Setting the date for the pub- Bluff Street; Thence southeasterly along the lic hearing on Amendment No. 1 to the Fiscal centerline of Bluff Street to a point of intersec-Year 2010 budget for the City of Dubuque was tion with the northerly line of the south 10 ft. of adopted setting a public hearing for a meeting City Lot 138 extended southwesterly; Thence to commence at 6:30 p.m. on September 21, northeasterly along said northerly line and 2009 in the Historic Federal Building. northerly line of the south 10 ft. of the south RESOLUTION NO. 326-09 34.6 ft. of City Lot 103 and extension thereof to SETTING THE DATE FOR THE PUBLIC a point of intersection with the centerline of HEARING ON AMENDMENT NO. 1 TO THE Locust Street; Thence southeasterly along the FISCAL YEAR 2010 BUDGET FOR THE centerline of Locust Street to a point of inter- CITY OF DUBUQUE section with the centerline of Second Street, said point being the point of beginning. Whereas, Iowa Code Section 384.16 pro- Section 2. That the development of the vides that the City Council shall set a time and above-described expansion area is necessary place for a public hearing on amendments to and appropriate to facilitate the proper growth the budget and publish notice before the hear- and development of the community in accor-ing as provided in Iowa Code Section 362.3. dance with sound planning and local communi-NOW THEREFORE, BE IT RESOLVED ty objectives. BY THE CITY COUNCIL OF THE CITY OF Section 3. That the City Manager is autho-DUBUQUE, IOWA: rized and directed to prepare an Amended and Section 1. That the City Council shall con- Restated Urban Renewal Plan for the Greater duct a public hearing on proposed Amendment Downtown Urban Renewal District for the pur-No. 1 to the Fiscal Year 2010 budget for the pose of including the above-described areas in City of Dubuque at the City Council Chambers the District, to forward said amendment to the at the Historic Federal Building, 350 West 6th City's Long Range Planning Commission for Street, Dubuque, Iowa, on Monday, Septem- review and comment, and to begin the consul-ber 21, 2009, beginning at 6:30 p.m. Book 139 Regular Session, September 8, 2009 309 Section 2. That the City Clerk be and is he-rate purposes of the City, the proceeds of reby authorized and directed to publish notice which Bonds will be used to provide funds to of the public hearing, according to law, togeth-pay costs of the acquisition of sewer pipeline er with the required budget information. inspection equipment; the inspection and certi- Passed, approved and adopted this 8th fication of the flood control levee system; the day of September 2009. construction and installation of storm water Roy D. Buol, Mayor management facilities, including the Bee Attest: Jeanne F. Schneider, City Clerk Branch Creek Restoration Project, and the reconstruction of storm sewers; the acquisition General Obligation Bonds: City Manager and replacement of street lights; the acquisi- recommending that a public hearing be set for tion and installation of fiber optic conduit in September 21, 2009 to consider approval of connection with street improvements and wa- the issuance of not to exceed $3,000,000 termain extensions; the repair and improve- General Obligation Bonds to be used for vari-ment of the Dubuque Regional Airport, includ- ous projects. Upon motion the documents ing hanger heater and terminal boiler replace- were received and filed and Resolution No. ments, runway and hanger painting, hanger 327-09 Fixing date for a meeting on the propo-repairs and replacements and parking area sition of the issuance of not to exceed paving; the acquisition and replacement of Fire $3,000,000 General Obligation Bonds, Series Department ladder and pumper trucks and 2009 (for essential corporate purposes) of the ambulances; and water utility improvements City of Dubuque, Iowa, and providing for publi-including the construction and installation of cation of notice thereof was adopted setting a watermain extensions, ADA improvements, public hearing for a meeting to commence at back-up power supply and water consumption 6:30 p.m. on September 21, 2009 in the His-studies and engineering. toric Federal Building. Section 2. To the extent any of the projects or activities described in this resolution may be RESOLUTION 327-09 reasonably construed to be included in more FIXING DATE FOR A MEETING ON THE than one classification under Division III of the PROPOSITION OF THE ISSUANCE OF NOT Code of Iowa, the Council hereby elects the TO EXCEED $3,000,000 GENERAL OBLI- "essential corporate purpose" classification GATION BONDS, SERIES 2009, (FOR ES- and procedure with respect to each such SENTIAL CORPORATE PURPOSES) OF project or activity, pursuant to Section 384.28 THE CITY OF DUBUQUE, IOWA, AND PRO- of the Code of Iowa. VIDING FOR PUBLICATION OF NOTICE Section 3. That the Clerk is hereby directed THEREOF to cause at least one publication to be made of WHEREAS, it is deemed necessary and a notice of the meeting, in a legal newspaper, advisable that the City of Dubuque, Iowa, printed wholly in the English language, pub- should issue General Obligation Bonds, Series lished at least once weekly, and having gener- 2009, to the amount of not to exceed al circulation in the City. The publication to be $3,000,000, as authorized by Section 384.25, not less than four clear days nor more than of the Code of Iowa, for the purpose of provid-twenty days before the date of the public meet- ing funds to pay costs of carrying out essential ing on the issuance of the Bonds. corporate purpose projects as hereinafter de-Section 4. The notice of the proposed ac- scribed; and tion to issue the Bonds shall be in substantially WHEREAS, before the Bonds may be is-the [provided] form. th sued, it is necessary to comply with the provi-Passed and approved this 8 day of Sep- sions of the Code, and to publish a notice of tember, 2009. the proposal to issue such Bonds and of the Roy D. Buol, Mayor time and place of the meeting at which the Attest: Jeanne F. Schneider, CMC, City Clerk Council proposes to take action for the is- suance of the Bonds and to receive oral and/or General Obligation Urban Renewal Bonds: written objections from any resident or proper-City Manager recommending that a public ty owner of the City to such action. hearing be set for September 21, 2009 to con- NOW, THEREFORE, BE IT RESOLVED sider approval of the issuance of not to exceed BY THE CITY COUNCIL OF THE CITY OF $13,500,000 General Obligation Urban Re- DUBUQUE, IOWA: newal Bonds for costs associated with the Section 1. That this Council meet in the construction of a multi-story public parking Historic Federal Building, 350 West 6th Street, ramp located at 5th and Bluff Streets, and the Dubuque, Iowa, at 6:30 o'clock P.M., on the construction of street, sewer, sidewalk, trail 21st day of September, 2009, for the purpose and other public infrastructure improvements of taking action on the matter of the issuance within Dubuque Industrial Center West. Upon of not to exceed $3,000,000 General Obliga-motion the documents were received and filed tion Bonds, Series 2009, for essential corpo-and Resolution No. 328-09 Fixing date for a 310 Regular Session, September 8, 2009 Book 139 meeting on the proposition of the issuance of al circulation in the City. The publication to be not to exceed $13,500,000 General Obligation not less than ten nor more than twenty days Urban Renewal Bonds, Series 2009 of the City before the date of public meeting on the is- of Dubuque, Iowa, and providing for publica-suance of the Bonds. tion of notice thereof was adopted setting a Section 3. The notice of the proposed ac- public hearing for a meeting to commence at tion to issue said Bonds shall be in substantial- 6:30 p.m. on September 21, 2009 in the His-ly the [provided] form. th toric Federal Building. Passed and approved this 8 day of Sep- tember, 2009. RESOLUTION NO. 328-09 Roy D. Buol, Mayor FIXING DATE FOR A MEETING ON THE Attest: Jeanne F. Schneider, CMC, City Clerk PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $13,500,000 GENERAL OBLI- General Obligation Refunding Bonds: City GATION URBAN RENEWAL BONDS, SE- Manager recommending that a public hearing RIES 2009, OF THE CITY OF DUBUQUE, be set for September 21, 2009 to consider IOWA, AND PROVIDING FOR PUBLICA- approval of the issuance of not to exceed TION OF NOTICE THEREOF $9,500,000 General Obligation Refunding WHEREAS, the City of Dubuque, State of Bonds to pay costs of refunding and refinanc- Iowa, is in need of funds to carry out the urban ing of certain City indebtedness. Upon motion renewal projects as hereinafter described; and, the documents were received and filed and it is deemed necessary that the City should Resolution No. 329-09 Fixing date for a meet- issue General Obligation Urban Renewal ing on the proposition of the issuance of not to Bonds, Series 2009, to the amount of not to exceed $9,500,000 General Obligation Re- exceed $13,500,000, as authorized by Sec-funding Bonds, Series 2009 (for an essential tions 403.12 and 384.24(3)(q) of the Code of corporate purpose) of the City of Dubuque, Iowa, for the purpose of providing funds to pay Iowa, and providing for publication of notice costs thereof; and thereof was adopted setting a public hearing WHEREAS, before said Bonds may be is-for a meeting to commence at 6:30 p.m. on sued, it is necessary to comply with the proce-September 21, 2009 in the Historic Federal dural requirements of Chapter 384 of the Code Building. of Iowa, and to publish a notice of the proposal RESOLUTION NO. 329-09 to issue such Bonds and the right to petition FIXING DATE FOR A MEETING ON THE for an election. PROPOSITION OF THE ISSUANCE OF NOT NOW, THEREFORE, BE IT RESOLVED TO EXCEED $9,500,000 GENERAL OBLI- BY THE CITY COUNCIL OF THE CITY OF GATION REFUNDING BONDS, SERIES DUBUQUE, IOWA: 2009, (FOR AN ESSENTIAL CORPORATE Section 1. That this Council meet in the PURPOSE) OF THE CITY OF DUBUQUE, Historic Federal Building, 350 West 6th Street, IOWA, AND PROVIDING FOR PUBLICA- Dubuque, Iowa, at 6:30 o'clock P.M., on the st TION OF NOTICE THEREOF 21 day of September, 2009, for the purpose of taking action on the matter of the issuance WHEREAS, it is deemed necessary and of not to exceed $13,500,000 General Obliga-advisable that the City of Dubuque, Iowa, tion Urban Renewal Bonds, Series 2009, the should issue General Obligation Refunding proceeds of which Bonds will be used to pro-Bonds, Series 2009, to the amount of not to vide funds to pay costs of aiding in the plan-exceed $9,500,000, as authorized by Section ning, undertaking and carrying out of urban 384.25 of the Code of Iowa, for the purpose of renewal project activities under the authority of providing funds to pay costs of carrying out an Chapter 403 of the Code of Iowa and the essential corporate purpose project as herei- Amended and Restated Urban Renewal Plans nafter described; and for the Greater Downtown Urban Renewal WHEREAS, before the Bonds may be is- District and the Dubuque Industrial Center sued, it is necessary to comply with the provi- West Economic Development District, includ-sions of the Code, and to publish a notice of ing those costs associated with the construc-the proposal to issue such Bonds and of the tion of a multi-story public parking ramp lo-time and place of the meeting at which the cated at 5th and Bluff Streets, and the con-Council proposes to take action for the is- struction of street, sewer, sidewalk, trail and suance of the Bonds and to receive oral and/or other public infrastructure improvements within written objections from any resident or proper- Dubuque Industrial Center West. ty owner of the City to such action. Section 2. That the Clerk is hereby directed NOW, THEREFORE, BE IT RESOLVED to cause at least one publication to be made of BY THE CITY COUNCIL OF THE CITY OF a notice of meeting, in a legal newspaper, DUBUQUE, IOWA: printed wholly in the English language, pub-Section 1. That this Council meet in the lished at least once weekly, and having gener-Historic Federal Building, 350 West 6th Street, Book 139 Regular Session, September 8, 2009 311 Dubuque, Iowa, at 6:30 o'clock P.M., on the NOW THEREFORE, BE IT RESOLVED st 21 day of September, 2009, for the purpose BY THE CITY COUNCIL OF THE CITY OF of taking action on the matter of the issuance DUBUQUE, IOWA: of not to exceed $9,500,000 General Obliga-The proposed plans, specifications, form of tion Refunding Bonds, Series 2009, for an contract and estimated cost for the crack re- essential corporate purpose of the City, the pair on the first level of the Port of Dubuque proceeds of which Bonds will be used to pro-Parking Ramp and the concrete deck prepara- vide funds to pay costs of refunding and refi-tion and sealing of the entire ramp, in the esti- nancing of certain City indebtedness, including mated amount of $700,000.00, are hereby the General Obligation Bonds, Series 2001, preliminarily approved and ordered filed in the dated December 15, 2001, and the General office of the City Clerk for public inspection. st Obligation Bonds, Series 2002, dated Decem-A public hearing will be held on the 21 ber 15, 2001. day of September, 2009 at 6:30 P.M. in the Section 2. That the Clerk is hereby directed Historic Federal Building Council Chambers at to cause at least one publication to be made of which time interested persons may appear and a notice of the meeting, in a legal newspaper, be heard for or against the proposed plans and printed wholly in the English language, pub-specifications, form of contract and estimated lished at least once weekly, and having gener-cost of said Project, and the City Clerk be and al circulation in the City. The publication to be is hereby directed to cause the attached notice not less than four clear days nor more than of the time and place of such hearing to be twenty days before the date of the public meet-published in a newspaper having general cir- ing on the issuance of the Bonds. culation in the City of Dubuque, Iowa, which Section 3. The notice of the proposed ac-notice shall be published not less than four tion to issue the Bonds shall be in substantially days nor more than twenty days prior to the the [provided] form. date of such hearing. At the hearing, and in- th Passed and approved this 8 day of Sep-terested person may appear and file objections tember, 2009. to the proposed plans, specifications, form of Roy D. Buol, Mayor contract, or estimated cost of the Project. Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY OF DUBUQUE, IOWA PORT OF DUBUQUE PARKING RAMP CRACK RE- Port of Dubuque Parking Ramp Concrete PAIR AND CONCRETE SEALING PROJECT Crack Repair Project: City Manager recom-is hereby ordered to be advertised for bids. mending initiation of the bidding process for The amount of security to accompany each the Port of Dubuque Parking Ramp Concrete bid shall be in an amount which shall conform Crack Repair Project and further recommends to the provisions of the Notice to Bidders here- that a public hearing be set for September 21, by approved. 2009. Upon motion the documents were re-The City Clerk is hereby directed to adver- ceived and filed and Resolution No. 330-09 tise for bids for the construction of the im- Preliminary approval of plans, specifications, provements herein provided, by publishing the form of contract, and estimated cost; setting attached Notice to Bidders to be published in a date of public hearing on plans, specifications, newspaper having general circulation in the form of contract, and estimated cost; and or-City of Dubuque, Iowa, which notice shall be dering the advertisement for bids for the Port published not less than four but not more than of Dubuque Parking ramp Concrete Crack forty-five days before the date for filing bids th Repair Project was adopted setting a public before 2:00 p.m. on the 17 day of September, hearing for a meeting to commence at 6:30 2009. Bids shall be opened and read by the p.m. on September 21, 2009 in the Historic City Clerk at 2:00 p.m. and will be submitted to Federal Building. the City Council for final action at the public st hearing at 6:30 p.m. on the 21 day of Sep- RESOLUTION NO. 330-09 tember, 2009, in the Historic Federal Building CITY OF DUBUQUE, IOWA PORT OF Council Chambers (Second Floor), 350 West th DUBUQUE PARKING RAMP 6 Street, Dubuque, Iowa. th CRACK REPAIR AND CONCRETE Passed, adopted and approved this 8 day SEALING PROJECT of September, 2009. PRELIMINARY APPROVAL OF PLANS, Roy D. Buol, Mayor SPECIFICATIONS, FORM OF CONTRACT, Attest: Jeanne Schneider, CMC, City Clerk AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- Heeb Street Retaining Wall Reconstruction FICATIONS, FORM OF CONTRACT, AND Project: City Manager recommending initiation ESTIMATES COST; AND ORDERING THE of the bidding process for the Heeb Street Re- ADVERTISEMENT FOR BIDS taining Wall Reconstruction Project and further recommends that a public hearing be set for September 21, 2009. Upon motion the docu- 312 Regular Session, September 8, 2009 Book 139 ments were received and filed and Resolution forty-five days before the date for filing bids th No. 331-09 Preliminary approval of plans, spe-before 2:00 p.m. on the 24 day of September, cifications, form of contract, and estimated 2009. Bids shall be opened and read by the cost; setting date of public hearing on plans, City Clerk at said time and will be submitted to specifications, form of contract, and estimated the City Council for final action at 6:30 p.m. on th cost; and ordering the advertisement for bids the 5 day of October, 2009, in the Historic for the Heeb Street Retaining Wall Recon-Federal Building Council Chambers (second th struction Project was adopted setting a public floor), 350 West 6 Street, Dubuque, Iowa. th hearing for a meeting to commence at 6:30 Passed, adopted and approved this 8 day p.m. on September 21, 2009 in the Historic of September, 2009. Federal Building. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 331-09 HEEB STREET RETAINING WALL Traffic Signal Mastarm Retrofit – Central thth RECONSTRUCTION PROJECT Avenue at 5 and 7 Streets Project: City PRELIMINARY APPROVAL OF PLANS, Manager recommending initiation of the bid- SPECIFICATIONS, FORM OF CONTRACT, ding process for the Traffic Signal Mastarm thth AND ESTIMATED COST; SETTING DATE Retrofit – Central Avenue at 5 and 7 Streets OF PUBLIC HEARING ON PLANS, SPECI- Project and further recommends that a public FICATIONS, FORM OF CONTRACT, AND hearing be set for September 21, 2009. Upon ESTIMATED COST; AND ORDERING THE motion the documents were received and filed ADVERTISEMENT FOR BIDS and Resolution No. 332-09 Preliminary ap- NOW THEREFORE, BE IT RESOLVED proval of plans, specifications, form of con- BY THE CITY COUNCIL OF THE CITY OF tract, and estimated cost; setting date of public DUBUQUE, IOWA: hearing on plans, specifications, form of con- The proposed plans, specifications, form of tract, and estimated cost; and ordering the contract and estimated cost for the Heeb advertisement for bids for the Traffic Signal th Street Retaining Wall Reconstruction Project, Mastarm Retrofit – Central Avenue at 5 and th in the estimated amount $178,869.45, are he-7 Streets Project was adopted setting a pub- reby preliminarily approved and ordered filed lic hearing for a meeting to commence at 6:30 in the office of the City Clerk for public inspec-p.m. on September 21, 2009 in the Historic tion. Federal Building. st A public hearing will be held on the 21 RESOLUTION NO. 332-09 day of September, 2009, at 6:30 p.m. in the TRAFFIC SIGNAL MASTARM Historic Federal Building Council Chambers at RETROFIT PROJECT, which time interested persons may appear and CENTRAL AVENUE be heard for or against the proposed plans and THTH AT 5 AND 7 STREETS specifications, form of contract and estimated PRELIMINARY APPROVAL OF PLANS, cost of said Project, and the City Clerk be and SPECIFICATIONS, FORM OF CONTRACT, is hereby directed to cause the attached notice AND ESTIMATED COST; SETTING DATE of the time and place of such hearing to be OF PUBLIC HEARING ON PLANS, SPECI- published in a newspaper having general cir- FICATIONS, FORM OF CONTRACT, AND culation in the City of Dubuque, Iowa, which ESTIMATED COST; AND ORDERING THE notice shall be published not less than four ADVERTISEMENT FOR BIDS days nor more than twenty days prior to the date of such hearing. At the hearing, any inter-NOW THEREFORE, BE IT RESOLVED ested person may appear and file objections to BY THE CITY COUNCIL OF THE CITY OF the proposed plans, specifications, form of DUBUQUE, IOWA: contract, or estimated cost of the Project. The proposed plans, specifications, form of The Heeb Street Retaining Wall Recon-contract and estimated cost for the Traffic Sig- struction Project is hereby ordered to be ad-nal Mastarm Retrofit Project, Central Avenue thth vertised for bids for construction. at 5 and 7 Streets, in the estimated amount The amount of the security to accompany $201,767.50, are hereby preliminarily ap- each bid shall be in an amount which shall proved and ordered filed in the office of the conform to the provisions of the Notice to Bid-City Clerk for public inspection. st ders hereby approved. A public hearing will be held on the 21 The City Clerk is hereby directed to adver-day of September, 2009, at 6:30 p.m. in the tise for bids for the construction of the im-Historic Federal Building Council Chambers at provements herein provided, by publishing the which time interested persons may appear and attached Notice to Bidders to be published in a be heard for or against the proposed plans and newspaper having general circulation in the specifications, form of contract and estimated City of Dubuque, Iowa, which notice shall be cost of said Project, and the City Clerk be and published not less than four but not more than is hereby directed to cause the attached notice Book 139 Regular Session, September 8, 2009 313 of the time and place of such hearing to be NOW THEREFORE, BE IT RESOLVED published in a newspaper having general cir-BY THE CITY COUNCIL OF THE CITY OF culation in the City of Dubuque, Iowa, which DUBUQUE, IOWA: notice shall be published not less than four The proposed plans, specifications, form of days nor more than twenty days prior to the contract and estimated cost for the Salt Dome date of such hearing. At the hearing, any inter-Conveyor Project, in the estimated amount ested person may appear and file objections to $160,000.00, are hereby preliminarily ap- the proposed plans, specifications, form of proved and ordered filed in the office of the contract, or estimated cost of the Project. City Clerk for public inspection. st The Traffic Signal Mastarm Retrofit Project, A public hearing will be held on the 21 thth Central Avenue at 5 and 7 Streets is hereby day of September, 2009, at 6:30 p.m. in the ordered to be advertised for bids for construc-Historic Federal Building Council Chambers at tion. which time interested persons may appear and The amount of the security to accompany be heard for or against the proposed plans and each bid shall be in an amount which shall specifications, form of contract and estimated conform to the provisions of the Notice to Bid-cost of said Project, and the City Clerk be and ders hereby approved. is hereby directed to cause the attached notice The City Clerk is hereby directed to adver-of the time and place of such hearing to be tise for bids for the construction of the im-published in a newspaper having general cir- provements herein provided, by publishing the culation in the City of Dubuque, Iowa, which attached Notice to Bidders to be published in a notice shall be published not less than four newspaper having general circulation in the days nor more than twenty days prior to the City of Dubuque, Iowa, which notice shall be date of such hearing. At the hearing, any inter- published not less than four but not more than ested person may appear and file objections to forty-five days before the date for filing bids the proposed plans, specifications, form of th before 2:00 p.m. on the 24 day of September, contract, or estimated cost of the Project. 2009. Bids shall be opened and read by the The Salt Dome Conveyor Project is hereby City Clerk at said time and will be submitted to ordered to be advertised for bids for construc- the City Council for final action at 6:30 p.m. on tion. th the 5 day of October, 2009, in the Historic The amount of the security to accompany Federal Building Council Chambers (second each bid shall be in an amount which shall th floor), 350 West 6 Street, Dubuque, Iowa. conform to the provisions of the Notice to Bid- th Passed, adopted and approved this 8 day ders hereby approved. of September, 2009. The City Clerk is hereby directed to adver- Roy D. Buol, Mayor tise for bids for the construction of the im- Attest: Jeanne F. Schneider, CMC, City Clerk provements herein provided, by publishing the attached Notice to Bidders to be published in a Salt Dome Conveyor Project: City Manager newspaper having general circulation in the recommending initiation of the bidding process City of Dubuque, Iowa, which notice shall be for the Salt Dome Conveyor Project and fur-published not less than four but not more than ther recommends that a public hearing be set forty-five days before the date for filing bids th for September 21, 2009. Upon motion the before 2:00 p.m. on the 6 day of October, documents were received and filed and Reso-2009. Bids shall be opened and read by the lution No. 333-09 Preliminary approval of City Clerk at said time and will be submitted to plans, specifications, form of contract, and the City Council for final action at 6:30 p.m. on th estimated cost; setting date of public hearing the 19 day of October, 2009, in the Historic on plans, specifications, form of contract, and Federal Building Council Chambers (second th estimated cost; and ordering the advertise-floor), 350 West 6 Street, Dubuque, Iowa. ment for bids for the Salt Dome Conveyor Passed, adopted and approved this 8th Project was adopted setting a public hearing day of September, 2009. for a meeting to commence at 6:30 p.m. on Roy D. Buol, Mayor September 21, 2009 in the Historic Federal Attest: Jeanne F. Schneider, CMC, City Clerk Building. BOARDS/COMMISSIONS RESOLUTION NO. 333-09 SALT DOME CONVEYOR PROJECT Applicants were invited to address the City PRELIMINARY APPROVAL OF PLANS, Council regarding their desire to serve on the SPECIFICATIONS, FORM OF CONTRACT, following Board/Commission: Environmental AND ESTIMATED COST; SETTING DATE Stewardship Advisory Commission. One 3- OF PUBLIC HEARING ON PLANS, SPECI- year term through October 1, 2012 (Term of FICATIONS, FORM OF CONTRACT, AND Gayle (Gross) Walter). Applicant: Gayle ESTIMATED COST; AND ORDERING THE (Gross) Walter, 1650 Alicia Street. ADVERTISEMENT FOR BIDS 314 Regular Session, September 8, 2009 Book 139 Appointments to the following ling, improving, repairing and equipping all or Boards/Commissions: part of the Storm Water Management Utility Airport Commission. Two 4-year terms System, including those costs associated with through September 14, 2013 (Terms of Bro-the North Fork Catfish Creek Storm Sewer therton and Santillo). Applicants: Douglas Bro-Improvements, and has considered the extent therton, 2823 Hickory Hill Street; and Michael of objections received from residents or prop- Santillo, 2929 Kristen Court. Motion by Braig to erty owners as to said proposal and, accor- appoint Douglas Brotherton and Michael San-dingly the following action is now considered to tillo to the Airport Commission for 4-year terms be in the best interests of the City and resi- through September 14, 2013. Seconded by dents thereof: Connors. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED Housing Trust Fund Advisory Committee: BY THE CITY COUNCIL OF THE CITY OF One 3-year term through September 8, 2012 DUBUQUE, IOWA: (At-Large term of Hingtgen). Requires expe-Section 1. That this Council does hereby rience in real estate, banking, finance, ac-institute proceedings and takes additional ac- counting, fund management or other related tion for the authorization of a Loan and Dis- areas of expertise. Applicant: Doris Hingtgen, bursement Agreement by and between the 309 Hill Street. Motion by Lynch to appoint City and the Iowa Finance Authority and the Doris Hingtgen to the Housing Trust Fund Ad-issuance to the Iowa Finance Authority in the visory Committee for a 3-year term through manner required by law of not to exceed September 8, 2012. Seconded by Connors. $1,000,000 Storm Water Utility Revenue Capi- Motion carried 7-0. tal Loan Notes for the foregoing purpose. Section 2. That the City Clerk, with the as- PUBLIC HEARINGS sistance of the City Attorney and bond coun- sel, is hereby authorized and directed to pro- Upon motion the rules were suspended al-ceed with the preparation of such documents lowing anyone present to address the City and proceedings as shall be necessary to au- Council. thorize the City's participation in the SRF Loan Program, to select a suitable date for final Storm Water Utility Revenue Capital Loan Council authorization of the required Loan and Notes: Proof of publication on notice of public Disbursement Agreement and issuance of the hearing to consider the issuance of not to ex-Notes to evidence the City's obligations there ceed $1,000,000 Storm Water Utility Revenue under, and to take such other actions as the Capital Loan Notes and City Manager recom-Clerk shall deem necessary to permit the mending approval. Motion by Jones to receive completion of a loan on a basis favorable to and file the documents and adopt Resolution the City and acceptable to this Council. No. 334-09 Instituting proceedings to take ad-Section 3. That this Resolution be and ditional action for the authorization of a Loan does hereby serve as a declaration of official and Disbursement Agreement and the is-intent under Treasury Regulation 1.150-2, be- suance of not to exceed $1,000,000 Storm cause the City reasonably expects to reim- Water Utility Revenue Capital Loan Notes. burse with the proceeds of the Notes, all or a Seconded by Connors. Motion carried 7-0. portion of original expenditures incurred in connection with the above purposes. th RESOLUTION 334-09 Passed and approved this 8 day of Sep- INSTITUTING PROCEEDINGS TO TAKE tember, 2009. ADDITIONAL ACTION FOR THE AUTHORI- Roy D. Buol, Mayor ZATION OF A LOAN AND DISBURSEMENT Attest: Jeanne F. Schneider, CMC, City Clerk AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 STORM WATER 2009 Sewer Cured-in-Place Pipe (CIPP) UTILITY REVENUE CAPITAL LOAN NOTES Lining Project: Proof of publication on notice of WHEREAS, pursuant to notice published public hearing to consider the plans, specifica- as required by law, this Council has held a tions, form of contract and estimated cost for public meeting and hearing upon the proposal the 2009 Sewer Cured-in-Place Pipe (CIPP) to institute proceedings for the authorization of Lining Project and City Manager recommend- a Loan and Disbursement Agreement by and ing approval. Motion by Connors to receive between the City and the Iowa Finance Au-and file the documents and adopt Resolution thority and the issuance to the Iowa Finance No. 335-09 Approving plans, specifications, Authority of not to exceed $1,000,000 Storm form of contract, and estimated cost; setting Water Utility Revenue Capital Loan Notes to date of public hearing on plans, specifications, evidence the obligations of the City under said form of contract, and estimated cost for the Loan and Disbursement Agreement, for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining purpose of paying costs of acquisition, con-Project. Seconded by Voetberg. City Engineer struction, reconstruction, extending, remode- Book 139 Regular Session, September 8, 2009 315 Gus Psihoyos provided an explanation of the Census 2010 Complete Count Committee: project. Motion carried 7-0. City Manager recommending approval of the formation of the Census 2010 Complete Count RESOLUTION NO. 335-09 Committee, designation of the Mayor or ap- APPROVAL OF PLANS, SPECIFICATIONS, pointment of a City Council Member as the FORM OF CONTRACT, AND ESTIMATED Complete Count Committee Chair, and author- COST FOR THE 2009 SEWER CIPP LINING ize staff to submit Census 2010 Partnership PROJECT Agreement forms for both the City of Dubuque NOW THEREFORE, BE IT RESOLVED and the Complete Count Committee. Motion BY THE CITY COUNCIL OF THE CITY OF by Connors to receive and file the documents, DUBUQUE, IOWA: adopt Resolution No. 336-09 Affirming the City That the proposed plans, specifications, of Dubuque’s support of and partnership with form of contract and estimated cost for the the 2010 Census and appoint Mayor Buol as 2009 Sewer CIPP Lining Project, in the esti-representative. Seconded by Lynch. Motion mated amount $182,716.60, are hereby ap-carried 7-0. proved. th RESOLUTION NO. 336-09 Passed, adopted and approved this 8 day AFFIRMING THE CITY OF DUBUQUE’S of September, 2009. SUPPORT OF AND PARTNERSHIP WITH Roy D. Buol, Mayor THE 2010 CENSUS. Attest: Jeanne F. Schneider, CMC, City Clerk WHEREAS, the U.S. Census Bureau is re- Upon motion the rules were suspended li-quired by the Constitution of the United States mited discussion to the City Council. of America to conduct a count of the popula- tion and provides a historic opportunity the city ACTION ITEMS of Dubuque for to help shape the foundation of our society and play an active role in American Proudly Accessible Dubuque: Katrina democracy; and , Wilberding to present certificates to the City for WHEREASthe City of Dubuqueis com- the designation of City Hall, City Hall Annex mitted to ensuring every resident is counted; and Historic Federal Building as Proudly Ac-and cessible Dubuque buildings. Motion by Con-WHEREAS,more than $300 billion per nors to receive and file the documents. year in federal and state funding is allocated to Seconded by Voetberg. Katrina Wilberding, communities, and decisions are made on mat- 3715 Asbury Road, provided an overview of ters of national and local importance based on the history and goals of Proudly Accessible census data, including healthcare, community Dubuque and presented certificates for City development, housing, education, transporta- Hall, City Hall Annex, and the Historic Federal tion, social services, employment, and much Building for achieving the status of a Proudly more; and Accessible business. Motion carried 7-0. WHEREAS, census data determine how many seats each state will have in the U.S. Request to Address the City Council: Re-House of Representatives as well as the redi- quest of Kathy Bitter, 1460 Miller Road, re-stricting of state legislatures, county and city questing to address the City Council regarding councils, and voting districts; and three issues. Motion by Lynch to receive and WHEREAS,the 2010 Census creates file. Seconded by Resnick. Ms. Bitter ad-hundreds of thousands of jobs across the na- dressed the City Council regarding a water tion; and , connection, street repair, and installation of a WHEREASevery Census Bureau worker guard rail on Miller Road. Motion carried 7-0. takes a lifetime oath to protect confidentiality and ensure that data identifying respondents Dubuque County Historical Society / Na-or their household not be released or shared tional Mississippi River Museum and Aqua-for 72 years; and rium: Request of Jerry Enzler, Executive Direc-WHEREAS, a united voice from business- tor, requesting on behalf of the Board of Direc-es, government, community-based and faith- tors of the Dubuque County Historical Society, based organizations, educators, media and to lease land along the north shore of the Ice others will allow the 2010 Census message to Harbor between the existing National Missis-reach a broader audience, providing trusted sippi River Museum and Aquarium and the advocates who can spark positive conversa- Great River Center. Motion by Jones to re-tions about the 2010 Census; and ceive and file and refer to the City Manager. NOW, THEREFORE, BE IT RESOLVED rd Seconded by Connors. Mr. Enzler, 350 E. 3 BY THE CITY COUNCIL OF DUBUQUE, Street, addressed the City Council and ex-IOWA: plained the request. Motion carried 7-0. Section 1. The City of Dubuque and its Census 2010 Complete Count Committee 316 Regular Session, September 8, 2009 Book 139 supports the goals and ideals for the 2010 owner’s cost, install to standard Census and will disseminate 2010 Census city specifications sidewalk along information to encourage participation. the full length of the portion of the Section 2. The City of Dubuque and its lot or parcel abutting the public Census 2010 Complete Count Committee street when said lot or parcel is asks its affiliates and membership to partner developed or redeveloped or at together to achieve an accurate and complete the direction of City Council. For count. purposes of this paragraph, de- Section 3. The City of Dubuque and its velopment or redevelopment Census 2010 Complete Count Committee en-means any improvement that courages people in the city of Dubuque to par-creates a new parking lot, new ticipate in events and initiatives that will raise principal structure, garage, car- overall awareness of the 2010 Census and port, covered deck, or covered increase participation among all populations. patio on the lot or parcel or th Passed, approved and adopted this 8 day changes the footprint of the park- of September 2009. ing lot, principal structure, garage, Roy D. Buol, Mayor carport, covered deck, or covered Attest: Jeanne F. Schneider, CMC, City Clerk patio on the lot or parcel. 2. Upon application and for good Sidewalk Ordinance: City Manager re-cause shown, the City Manager commending approval of an amendment to the may grant a full or partial excep- City of Dubuque Code of Ordinances, Title 10, tion to the above requirement. Public Ways and Property, Chapter 10-1-2, This ordinance shall take effect upon publi- Sidewalk Installation and Repair, to clarify the cation. th criteria for required sidewalk installation. Passed, approved, and adopted this 8 Motion by Jones to receive and file the day of September, 2009. documents and that the requirement that a /s/Roy D. Buol, Mayor proposed ordinance be considered and voted Attest: on for passage at two Council meetings prior /s/Jeanne F. Schneider, CMC, City Clerk to the meeting at which it is to be passed be Published officially in the Telegraph Herald th suspended. Seconded by Connors. Motion Newspaper the 12 day of September, 2009. carried 7-0. /s/Jeanne F. Schneider, CMC, City Clerk Motion by Jones for final consideration and passage of Ordinance No. 44-09 Amending Smoke Detection Ordinance: City Manager Title 10, Public Ways and Property, of the City recommending approval of an ordinance pro- of Dubuque Code of Ordinances by repealing vision related to smoke detection which was Chapter 10-1-2, Sidewalk Installation and Re-inadvertently left out of the most recent Code pair, and adopting a new Chapter 10-1-2. of Ordinance update from Sterling Codifiers. Seconded by Connors. Motion carried 7-0. Motion by Jones to receive and file the documents and that the requirement that a OFFICIAL PUBLICATION proposed ordinance be considered and voted ORDINANCE NO. 44-09 on for passage at two Council meetings prior AMENDING TITLE 10, PUBLIC WAYS AND to the meeting at which it is to be passed be PROPERTY, OF THE CITY OF DUBUQUE suspended. Seconded by Voetberg. Motion CODE OF ORDINANCES BY REPEALING carried 7-0. CHAPTER 10-1-2, SIDEWALK INSTALLA- Motion by Jones for final consideration and TION AND REPAIR, AND ADOPTING A NEW passage of Ordinance No. 45-09 Amending CHAPTER 10-1-2 the City of Dubuque Code of Ordinances Sec- NOW, THEREFORE, BE IT ORDAINED tion 6-9-6 Smoke Detection by adding a new BY THE CITY COUNCIL OF THE CITY OF provision which requires smoke detectors be DUBUQUE, IOWA: installed during substantial reconstruction or Section 1. Title 10, Public Ways and Prop-remodeling of a building which has both com- erty, Chapter 10-1-2, Sidewalk Installation and mercial and residential uses. Seconded by Repair of the Code of Ordinances, City of Du-Voetberg. Motion carried 7-0. buque, is repealed and a new Chapter 10-1-2 OFFICIAL PUBLICATION is adopted as follows: ORDINANCE NO. 45-09 Chapter 10-1-2. Sidewalk Installation and AMENDING THE CITY OF DUBUQUE CODE Repair: OF ORDINANCES SECTION 6-9-6 SMOKE A. Installation: DETECTION BY ADDING A NEW PROVI- 1. The owner of any lot or parcel in SION WHICH REQUIRES SMOKE DETEC- the city, that abuts upon any im- TORS BE INSTALLED DURING SUBSTAN- proved public street that has con- TIAL RECONSTRUCTION OR REMODELING crete or stone curb shall, at the Book 139 Regular Session, September 8, 2009 317 OF A BUILDING WHICH HAS BOTH COM- Resolution No. 272-09 and Notice to Bidders MERCIAL AND RESIDENTIAL USES published in a newspaper published in the City th NOW, THEREFORE, BE IT ORDAINED of Dubuque, Iowa on the 7 day of August, BY THE CITY COUNCIL OF THE CITY OF 2009. DUBUQUE, IOWA: Whereas, said sealed proposals were th Section 1. Section 6-9-6 of the City of Du-opened and read on the 19 of August, 2009 buque Code of Ordinances is amended to read and it has been determined that Morse Elec- as follows: tric, Inc. of Dubuque, Iowa with a bid amount 6-9-6. Smoke Detection. of $64,410 is the lowest responsive, responsi- The owner of a building or structure that ble bidder for the Project. has a commercial use and which also contains NOW THEREFORE, BE IT RESOLVED, one (1) or more dwelling units, a congregate BY THE CITY COUNCIL OF THE CITY OF residence, or a sleeping room, and which is DUBUQUE, IOWA; not otherwise required by this Code of Ordin-That a Public Improvement Contract for the ances to install smoke detectors in such build-Project is hereby awarded to Morse Electric, ing or structure shall during any substantial Inc. of Dubuque, Iowa, and the City Manager reconstruction or remodeling of such building is hereby directed to execute a Public Im- or structure install multi-station smoke detec-provement Contract on behalf of the City of tors on each level of the building or structure in Dubuque for the Project. each public or common area and in the base-Passed, approved and adopted this 8th ment at locations approved by the Fire Mar-day of September, 2009. shal. All such smoke detectors shall be inter-Roy D. Buol, Mayor connected to ensure simultaneous notification Attest: Jeanne F. Schneider, CMC, City Clerk of all building occupants. The smoke detectors shall receive their Miller Road Water Main Extension Project: primary power from the building wiring with City Manager recommending award of the secondary battery power. The wiring shall be public improvement contract for the Miller permanent and without a disconnecting switch Road Water Main Extension Project to other than a switch required for over-current McClain Excavating in the amount of protection. $109,505.50. Motion by Lynch to receive and The smoke detectors shall be installed ac-file the documents and adopt Resolution No. cording to the manufacturer’s instructions. 338-09 Awarding contract for the Miller Road Section 2. This Ordinance shall take effect Water Main Extension Project. Seconded by upon publication. Resnick. Motion carried 7-0. th Passed, approved and adopted the 8 day RESOLUTION NO. 338-09 of September, 2009. AWARDING PUBLIC IMPROVEMENT CON- /s/Roy D. Buol, Mayor TRACT FOR THE MILLER ROAD WATER Attest: MAIN EXTENSION PROJECT CIP 740 1399 /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Whereas, sealed proposals have been th Newspaper the 12 day of September, 2009. submitted by contractors for the Miller Road /s/Jeanne F. Schneider, CMC, City Clerk Water Main Extension Project (the project) pursuant to Resolution No.296-09 and Notice Eagle Point Water Plant Vacuum Filter to Bidders published in a newspaper published th Project: City Manager recommending award of in the City of Dubuque, Iowa on the 7 day of the public improvement contract for the Eagle August, 2009. Point Water Plant Vacuum Filter Project to Whereas, said sealed proposals were th Morse Electric, Inc., in the amount of opened and read on the 19 of August, 2009 $64,410.00. Motion by Lynch to receive and and it has been determined that McClain Ex- file the documents and adopt Resolution No. cavating Company of Peosta, Iowa with a bid 337-09 Awarding contract for the Eagle Point amount of $109,505.50, is the lowest respon- Water Plant Vacuum Filter Project. Seconded sive, responsible bidder for the Project. by Jones. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 337-09 DUBUQUE, IOWA: AWARDING PUBLIC IMPROVEMENT CON- That a public Improvement Contract for the TRACT FOR THE EAGLE POINT WATER Project is hereby awarded to McClain Excavat- PLANT’S VACUUM FILTER BUILDING ing Company, and the City Manager is hereby BACK-UP POWER SUPPLY PROJECT directed to execute a Public Improvement Whereas, sealed proposals have been Contract on behalf of the City of Dubuque for submitted by contractors for the Eagle Point the Project. Water Plant’s Vacuum Filter Building Back-up Power Supply Project (the Project) pursuant to 318 Regular Session, September 8, 2009 Book 139 CLOSED SESSION Passed, approved and adopted this 8th day of September, 2009. Roy D Buol, Mayor Motion by Jones at 7:37 p.m. to go into Attest: Jeanne F. Schneider, CMC, City Clerk closed session regarding pending Litigation and Property Acquisition pursuant to Chapter Highway 151 / 61 South Water Main Ex-21.5(1)(c)(j) of the Code of Iowa. Seconded by tension Project: City Manager recommending Voetberg. Motion carried 7-0. award of the public improvement contract for Upon motion the City Council reconvened the Highway 151 / 61 South Water Main Ex-in open session at 8:32 p.m. stating that staff tension Project to McClain Excavating in the had been given proper direction. amount of $115,908.45. Motion by Connors to receive and file the documents and adopt There being no further business, upon mo- Resolution No. 339-09 Awarding contract for tion the City Council adjourned at 8:33 p.m. the Highway 151 / 61 South Water Main Ex- tension Project. Seconded by Voetberg. Mo-/s/Jeanne F Schneider, CMC tion carried 7-0. City Clerk RESOLUTION NO. 339-09 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE HIGHWAY 61 /151 SOUTH WATER MAIN EXTENSION PROJECT CIP 740 1399 Whereas, sealed proposals have been submitted by contractors for the Highway 61 / 151 South Water Main Extension Project (the Project) pursuant to Resolution No. 274-09 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on th the 7 day of August, 2009. Whereas, said sealed proposals were th opened and read on the 19 of August, 2009 and it has been determined that McClain Ex- cavating Company of Peosta, Iowa with a bid amount of $115,908.45, is the lowest respon- sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to McClain Excavat- ing Company, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 8th day of September, 2009. Roy D Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS City Council Member Connors discussed the recent violence which occurred in the Washington Neighborhood and the need to quickly address the problem and seek solu- tions. Consensus was reached in directing the City Manager and City Staff to put together criteria for the formation of a task force similar to the “Gangs, Drugs and Youth Violence” task force from several years ago. It was further directed that the task force should include City staff, community leaders and neighborhood representatives. Book 139 Special Session, September 17, 2009 319 CITY OF DUBUQUE, IOWA Whereas, International Business Machines Corporation (IBM) is an international leader in CITY COUNCIL developing a smarter planet; and OFFICIAL Whereas, the general terms and conditions PROCEEDINGS for a Master Contract with IBM, set forth in the attached memorandum, have been reviewed and are supported by the City Council; and The Dubuque City Council met in special Whereas, the City Council desires that the session at 12:00 p.m. on September 17, 2009 City Manager negotiate an agreement with in the Historic Federal Building. IBM that incorporates those terms and condi- tions, subject to final approval by the City Present: Mayor Buol, Council Members Council. Braig, Connors, Jones, Lynch, Resnick, Voet- NOW, THEREFORE, BE IT RESOLVED berg, City Manager Van Milligen, City Attorney BY THE CITY COUNCIL OF THE CITY OF Lindahl DUBUQUE, IOWA: Section 1. That the general terms and con- Mayor Buol read the call and stated this is ditions for a Master Contract with IBM, de- a special session of the City Council to act scribed in the attached memorandum, have upon such business that may properly come been reviewed and are supported by the City before the City Council. Council. Section 2. That the City Manager is hereby ACTION ITEMS authorized to negotiate an agreement with IBM, subject to final approval by the City City Manager’s recommendation to ap- Council prove the general terms and conditions of The th Passed, approved and adopted this 17 Smart Sustainable Dubuque Services Agree- day of September, 2009. ment with International Business Machines Roy D. Buol, Mayor Corporation (IBM) and authorization for the Attest: Jeanne F. Schneider, CMC, City Clerk City Manager to negotiate an agreement with IBM subject to final City Council approval. Mo- City Manager’s recommendation to ap- tion by Connors to receive and file the docu- prove the Master Consulting Services Agree- ments and adopt Resolution No. 340-09 Ap- ment between the City of Dubuque, Iowa, and proving the general terms and conditions of The Iowa Institute and David Lyons. Motion by The Smart Sustainable Dubuque Services Jones to receive and file the documents and Agreement with International Business Ma- approve the recommendation. Seconded by chines Corporation (IBM) and authorizing the Voetberg. Motion carried 7-0. City Manager to negotiate an agreement with IBM subject to final City Council approval. City Manager’s recommendation to ap- Seconded by Lynch. Motion carried 7-0. prove project funding, including an $850,000 payment to IBM, and to reduce the Fiscal Year RESOLUTION NO. 340-09 2010 water rate by two percent. APPROVING IN PRINCIPLE THE TERMS OF Motion by Connors to receive and file the A PROPOSED AGREEMENT BETWEEN documents and that the requirement that a THE CITY OF DUBUQUE, IOWA AND IN- proposed ordinance be considered and voted TERNATIONAL BUSINESS MACHINES on for passage at two Council meetings prior CORPORATION FOR SMARTER SUSTAIN- to the meeting at which it is to be passed be ABLE DUBUQUE SERVICES AND AUTHO- suspended. Seconded by Braig. Motion carried RIZING THE CITY MANAGER TO NEGO- 7-0. TIATE AN AGREEMENT WITH INTERNA- Motion by Connors for final consideration TIONAL BUSINESS MACHINES CORPORA- and passage of Ordinance No. 46-09 Amend- TION ing the City of Dubuque Code of Ordinances Whereas, the City of Dubuque, Iowa, has Section 44-201(A) Fixing Water Rates for Res- established sustainability as a top priority; and idential, Commercial, Industrial, and all other Whereas, many cities are in search of uses. Seconded by Braig. Motion carried 7-0. transformational agendas to revitalize their economies and improve their environments; ORDINANCE NO. 46-09 and AMENDING THE CITY OF DUBUQUE CODE Whereas, Dubuque has defined itself as a OF ORDINANCES TITLE 13 PUBLIC UTILI- national leader in sustainability; and TIES CHAPTER 1 ARTICLE C SECTION 13- Whereas, the citizens of Dubuque have al- 1C-1(a) FIXING WATER RATES FOR RESI- ready collaborated on an unprecedented sus- DENTIAL, COMMERCIAL, INDUSTRIAL, tainable agenda; and AND ALL OTHER USES 320 Special Session September 17, 2009 Book 139 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF City Manager’s recommendation to ap- DUBUQUE, IOWA: prove the submittal of various grant applica- Section 1. Title 13 Public Utilities Chapter 1 tions. Motion by Voetberg to receive and file Article C Section 13-1C-1(a) of the City of Du-the documents and approve the recommenda- buque Code of Ordinances is hereby amended tion. Seconded by Lynch. Motion carried 7-0. to read as follows: Section 13-1C-1(a). Residential, Commer-There being no further business, upon mo- cial, Industrial and All Other Uses. tion the City Council adjourned at 12:25 p.m. (a) The rates to be charged for water for residential, commercial, industri-/s/Jeanne F. Schneider, CMC al and all other uses and purposes City Clerk by any person, firm or corporation within the City shall be based on units of one-hundred cubic feet (748 gallons) as follows: Monthly Consumption (in Hundreds of Charge per Hundred Cubic Feet) Cubic Feet First 30 $2.12 Next 120 $1.73 Next 350 $1.61 Next 500 $1.42 Next 1,000 $1.25 Rates shall be subject to the following min- imum monthly charge according to the size of the meter: Monthly Consumption Meter Size (In Hundreds of Inches Minimum Charge Cubic Feet) 5/8 2 $ 4.24 3/4 5 $ 10.61 1 8 $ 16.97 1½ 26 $ 55.17 2 46 $ 91.34 3 106 $ 195.16 4 168 $ 300.22 6 368 $ 621.58 8 625 $1,011.36 A property owner shall pay a $30.00 dis- connect fee for water service that is discon- nected by city staff (meter not in service). When a tenant account is subject to discon- nection due to delinquency, the tenant shall pay the $30.00 disconnect fee. A $5.00 mini- mum monthly charge will be assessed for me- ters not in service. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 17th day of September, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald st Newspaper the 21 day of September, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, September 21, 2009 321 CITY OF DUBUQUE, IOWA Zoning Advisory Commission of 9/2; Library Board of Trustees Update from Meeting of CITY COUNCIL August 27, 2009 OFFICIAL Proofs of publication of City Council Pro- PROCEEDINGS ceedings of August 17, 25 and 26, 2009 and List of Claims and Summary of Revenues for Month Ended July 31, 2009 The Dubuque City Council met in regular Upon motion the documents were received session at 6:30 p.m. on September 21, 2009 in and filed. the Historic Federal Building. Notice of Claims/Suits: Progressive Classic Present: Mayor Pro-Tem Connors, Council Insurance Company a/s/o Paul Olson for ve- Members Braig, Jones, Lynch, Resnick, Voet- hicle damage; Accident Fund Insurance Com- berg, City Manager Van Milligen, Assistant pany a/s/o Barbara Frondsen for personal in- City Attorney O’Brien. City Attorney Lindahl jury; Joe Frederick for vehicle damage. Upon joined the meeting at 6:45 p.m. motion the documents were received and filed and referred to the City Attorney. Absent: Mayor Roy D. Buol City Attorney advising that the following claims have been referred to Public Entity Risk Mayor Pro-Tem Connors read the call and Services of Iowa, the agent for the Iowa Com- stated this is a regular session of the City munities Assurance Pool: Jennifer Maddux for Council to act upon such business that may personal injury; Molly Freiburger for vehicle properly come before the City Council. damage; Karin Campbell for vehicle damage. Upon motion the documents were received Pledge of Allegiance and filed and concurred. Invocation was provided by Sister Beth Historic Preservation Commission: Com- Driscoll, Sisters of the Presentation, Leader- munication from Eli Licht submitting his resig- ship Team. nation from the Historic Preservation Commis- sion. Upon motion the document was received PROCLAMATIONS and filed and the resignation accepted. Constitution Week (September 17 – 23, Greyhound Park Road and Admiral 2009) was accepted by Carla Burchett, 3855 Sheehy Drive – Plats: City Manager recom- Creston; Day of Peace (September 21, 2009) mending approval of the plats of Greyhound was accepted by Sister Pat Farrell, 1003½ Park Road and Admiral Sheehy Drive. Upon Davis Street; Arts and Humanities Month (Oc- motion the documents were received and filed tober, 2009) was accepted by Arts and Cultur- and Resolution No. 341-09 Approving plat of al Affairs Advisory Commission Chairperson Lot A in the southwest quarter of Fractional Geri Shafer, 1207 Adeline Street; Crop Walk Section 17, Township 89 North, Range 3 east Day in Dubuque (October 4, 2009) was ac- th of the 5 P.M. in City of Dubuque, Dubuque cepted by Sr. Anita Hayes, 1965 South. County, Iowa; Resolution No. 342-09 Approv- Grandview Avenue; Week without Violence ing plat of Lot A in the northeast quarter of (October 18 – 24, 2009) was accepted by Sr. Fractional Section 19, Township 89 North, Charla Bulko of the Dubuque Community Y, 35 th Range 3 east of the 5 P.M. in City of Dubu- N. Booth Street. que, Dubuque County, Iowa; and Resolution No. 343-09 Approving plat of Lot A in the CONSENT ITEMS southeast quarter of Fractional Section 18, th Township 89 North, Range 3 east of the 5 Motion by Lynch to receive and file the P.M. in City of Dubuque, Dubuque County, documents, adopt the resolutions, and dispose Iowa, were adopted. of as indicated. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 341-09 APPROVING PLAT OF LOT A IN THE Minutes and Reports Submitted: Cable SOUTHWEST QUARTER OF FRACTIONAL Community Teleprogramming Commission of SECTION 17, TOWNSHIP 89 NORTH, 8/4; Cable TV Regulatory Commission of 3/11; th RANGE 3 EAST OF THE 5 P.M. IN CITY OF City Council of 9/8; Civil Service Commission DUBUQUE, DUBUQUE COUNTY, IOWA of 9/1; Community Development Advisory Whereas, there has been presented to the Commission of 8/12; Environmental Steward- City Council of the City of Dubuque, Iowa, a ship Advisory Commission of 9/1; Historic Pre- th plat dated the 9 day of September, 2009, servation Commission of 8/20; Human Rights prepared by IIW Engineers & Surveyors, PC, Commission of 7/13; Transit Board of 8/13; describing Lot A in the Southwest Quarter of 322 Regular Session, September 21, 2009 Book 139 RESOLUTION NO. 343-09 Fractional Section 17, Township 89 North, th APPROVING PLAT OF LOT A IN THE Range 3 East of the 5 P.M. in the City of Du- SOUTHEAST QUARTER OF FRACTIONAL buque, Dubuque County, Iowa. SECTION 18, TOWNSHIP 89 NORTH, Whereas, said plat conforms to the laws th RANGE 3 EAST OF THE 5 P.M. IN CITY OF and statutes pertaining thereto. DUBUQUE, DUBUQUE COUNTY, IOWA NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, there has been presented to the DUBUQUE, IOWA: City Council of the City of Dubuque, Iowa, a thth Section 1. That the plat dated the 9 day of plat dated the 9 day of September, 2009, September, 2009, prepared by IIW Engineers prepared by IIW Engineers & Surveyors, PC, & Surveyors, PC, relative to the real estate describing Lot A in the Southeast Quarter of hereinabove described be and the same is Fractional Section 18, Township 89 North, th hereby approved, and the Mayor and City Range 3 East of the 5 P.M. in the City of Du- Clerk be and they are hereby authorized and buque, Dubuque County, Iowa. directed to execute said plat for and on behalf Whereas, said plat conforms to the laws of the City of Dubuque, Iowa. and statutes pertaining thereto. Section 2. That the City Clerk be and is he-NOW THEREFORE, BE IT RESOLVED reby authorized and directed to file said plat BY THE CITY COUNCIL OF THE CITY OF and certified copy of this resolution in the office DUBUQUE, IOWA: th of the Recorder in and for Dubuque County, Section 1. That the plat dated the 9 day of Iowa. September, 2009, prepared by IIW Engineers st Passed, approved and adopted this 21 & Surveyors, PC, relative to the real estate day of September, 2009. hereinabove described be and the same is Joyce E. Connors, Mayor Pro-Tem hereby approved, and the Mayor and City Attest: Jeanne F. Schneider, CMC, City Clerk Clerk be and they are hereby authorized and directed to execute said plat for and on behalf RESOLUTION NO. 342-09 of the City of Dubuque, Iowa. APPROVING PLAT OF LOT A IN THE Section 2. That the City Clerk be and is he- NORTHEAST QUARTER OF FRACTIONAL reby authorized and directed to file said plat SECTION 19, TOWNSHIP 89 NORTH, and certified copy of this resolution in the office th RANGE 3 EAST OF THE 5 P.M. IN CITY OF of the Recorder in and for Dubuque County, DUBUQUE, DUBUQUE COUNTY, IOWA Iowa. st Whereas, there has been presented to the Passed, approved and adopted this 21 City Council of the City of Dubuque, Iowa, a day of September, 2009. th plat dated the 9 day of September, 2009, Joyce E. Connors, Mayor Pro-Tem prepared by IIW Engineers & Surveyors, PC, Attest: Jeanne F. Schneider, CMC, City Clerk describing Lot A in the Northeast Quarter of Fractional Section 19, Township 89 North, State Energy Program Application: City th Range 3 East of the 5 P.M. in the City of Du-Manager recommending support of the State buque, Dubuque County, Iowa. Energy Program Application submitted to the Whereas, said plat conforms to the laws Iowa Office of Energy Independence for the and statutes pertaining thereto. Multi-Cultural Family Center. Upon motion the NOW THEREFORE, BE IT RESOLVED documents were received, filed, and approved. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Fiscal Year 2009 Annual Plan Amend- th Section 1. That the plat dated the 9 day of ments #6 and #7: City Manager recommend- September, 2009, prepared by IIW Engineers ing approval of amendments to the Fiscal Year & Surveyors, PC, relative to the real estate 2009 Action Plan to reallocate funding for the hereinabove described be and the same is Community Development Block Grant Recov- hereby approved, and the Mayor and City ery (CDBG-R) funds, Community Development Clerk be and they are hereby authorized and Block Grant (CDBG) and Homelessness Pre- directed to execute said plat for and on behalf vention and Rapid Re-Housing Program of the City of Dubuque, Iowa. (HPRP). Upon motion the documents were Section 2. That the City Clerk be and is he-received and filed and Resolution No. 344-09 reby authorized and directed to file said plat Approving the Fiscal Year 2009 Annual Action and certified copy of this resolution in the office Plan Amendment #6 and #7 for the Communi- of the Recorder in and for Dubuque County, ty Development Block Grant Recovery, Com- Iowa. munity Development Block Grant and Home- st Passed, approved and adopted this 21 lessness Prevention and Rapid Re-Housing day of September, 2009. Program funds was adopted. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, September 21, 2009 323 RESOLUTION NO. 344-09 Homelessness Prevention and Rapid Re- APPROVING THE FISCAL YEAR 2009 AN- Housing Program (HPRP) Agreement with NUAL ACTION PLAN AMENDMENT 6 AND Project Concern: City Manager recommending AMENDMENT 7 FOR COMMUNITY DEVEL- approval of an agreement with Project Con- OPMENT BLOCK GRANT, HOMELESS- cern, Inc. for the Homelessness Prevention NESS PREVENTION AND RAPID RE- and Rapid Re-Housing Program in the amount HOUSING PROGRAM AND COMMUNITY of $502,294. Upon motion the documents were DEVELOPMENT BLOCK GRANT RECOV- received and filed and Resolution No. 345-09 ERY FUNDS Authorizing execution of an agreement with Whereas, the City of Dubuque prepared Project Concern, Inc. for the Homelessness and filed a Fiscal Year 2009 Annual Action Prevention and Rapid Re-Housing Program Plan; and (HPRP) was adopted. Whereas, the City of Dubuque approved a RESOLUTION NO 345-09 substantial amendment to the FY 2009 Annual AUTHORIZING EXECUTION OF AN Action Plan on May 5, 2009 for the Homeless- AGREEMENT WITH PROJECT CONCERN ness Prevention and Rapid Re-Housing Pro- INC. FOR THE HOMELESSNESS PREVEN- gram (HPRP) funds from the U.S. Department TION AND RAPID RE-HOUSING PROGRAM of Housing and Urban Development (HUD) for (HPRP). the Community Development Block Grant Re- covery (CDBG-R); and Whereas, the City of Dubuque has Whereas, the City of Dubuque approved a received funding from the U.S. Department of substantial amendment to the FY 2009 Annual Housing and Urban Development (HUD) for Action Plan on June 1, 2009 for the Communi-the Homelessness Prevention and Rapid Re- ty Development Block Grant Recovery (CDBG-Housing Program (HPRP) in the amount of R) funds from the U.S. Department of Housing $502,294 under Title XII of the American and Urban Development (HUD) for the; and Recovery and Re-investment Act of 2009; and Whereas, the City now desires to amend WHEREAS, the City wishes to utilize said Fiscal Year 2009 Annual Plan to reallo-Homelessness and Rapid Re-Housing funds to cate funding as per the attached Exhibit A and prevent individuals and families from becoming Exhibit B; and homeless and help those who are Whereas, the Community Development experiencing homelessness to be quickly re- Advisory Commission reviewed the proposed housed and stabilized; and amendments on September 9, 2009 and voted Whereas, the City wishes to enter into an to approve said amendments and recommend agreement with Project Concern Inc. for the approval by the City Council. Homelessness Prevention and Rapid Re- NOW THEREFORE, BE IT RESOLVED Housing Program. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That the Fiscal Year 2009 An-DUBUQUE, IOWA: nual Action Plan is hereby amended as per Section 1. That the City Council hereby en- Amendments 6 and 7, hereto attached as Ex-ters into an agreement with Project Concern, hibit A and B. Inc for the Homelessness Prevention and Rap- Section 2. That said Community Develop-id Re-Housing Program in the amount of $502 ment Block Grant and Community Develop-294. ment Block Grant Recovery amendment as Section 2. That the Mayor is hereby autho- per Fiscal Year 2009 Annual Action Plan rized to execute the attached agreement with Amendment 6 attached hereto as Exhibit A is Project Concern Inc. for the aforementioned hereby approved. program in accordance with the guidelines Section 3. That said Homelessness Pre-established by HUD for the Homelessness vention and Rapid Re-Housing Program Prevention and Rapid Re-Housing Program . st amendment as per Fiscal Year 2009 Annual Passed, approved and adopted this 21 Action Plan Amendment 7 attached hereto as day of September 2009. Exhibit B is hereby approved. Joyce E. Connors, Mayor Pro-Tem Section 4. That the City Manager is hereby Attest: Jeanne F. Schneider, City Clerk authorized and directed to prepare and to submit to the United States Department of Consolidated Annual Performance and Housing and Urban Development the Fiscal Evaluation Report (CAPER): City Manager Year 2009 Annual Action Plan - Amendments recommending approval of the Consolidated 6 & 7 as required. Annual Performance and Evaluation Report st Passed, approved and adopted this 21 (CAPER) for the period of July 1, 2008 through day of September, 2009. June 30, 2009, which is required by the regula- Joyce E. Connors, Mayor Pro-Tem tions governing the Community Development Attest: Jeanne F. Schneider, City Clerk Block Grant (CDBG) Program. Upon motion 324 Regular Session, September 21, 2009 Book 139 the documents were received and filed and Attest: Jeanne F. Schneider, City Clerk Resolution No. 346-09 Authorizing the sub- mission of a Consolidated Annual Perfor-Fiscal Year 2009 Street Finance Report: mance and Evaluation Report (CAPER) for the City Manager recommending approval of the period commencing July 1, 2008 and conclud-City of Dubuque’s Fiscal Year 2009 Street ing June 30, 2009 was adopted. Finance Report for submittal to the Iowa De- partment of Transportation. Upon motion the RESOLUTION NO. 346-09 documents were received and filed and Reso- AUTHORIZING THE SUBMISSION OF A lution No. 347-09 Approving the City of Dubu- CONSOLIDATED ANNUAL PERFORMANCE que Fiscal Year 2009 Street Finance Report AND EVALUATION REPORT (CAPER) FOR was adopted. THE PERIOD COMMENCING JULY 1, 2008 AND CONCLUDING JUNE 30, 2009RESOLUTION NO. 347-09 APPROVING THE CITY OF DUBUQUE FIS- Whereas, the City of Dubuque, Iowa, is an CAL YEAR 2009 CITY STREET FINANCE entitlement grant recipient under the Commu- REPORT nity Development Block Grant (CDBG) Pro- gram of the U.S. Department of Housing and NOW THEREFORE, BE IT RESOLVED Urban Development (HUD); and BY THE CITY COUNCIL OF THE CITY OF Whereas, the CDBG regulations require DUBUQUE, IOWA: that no later than ninety (90) days after the Section 1. That the City Street Finance completion of a program year, each entitle-Report for the period of July 1, 2008, to June ment recipient must submit a performance and 30, 2009, is hereby approved and that the City evaluation report, Consolidated Annual Per-Clerk is hereby authorized and directed to file formance and Evaluation Report (CAPER); said report with the Iowa Department of and, Transportation. st Whereas, the City has 1) prepared a CA-Passed, approved and adopted this 21 PER for the program year commencing July 1, day of September, 2009. 2008 and concluding June 30, 2009; 2) pub-Joyce E. Connors, Mayor Pro-Tem lished notice of availability of the CAPER in the Attest: Jeanne F. Schneider, CMC, City Clerk Telegraph Herald and City of Dubuque website on August 24, 2009; 3) made copies of the PEG Capital Grant Expenditure: City Man- CAPER available for public review at the Car-ager recommending approval of the Cable TV negie Stout Public Library, City Hall, Housing Tele-Programming Commission recommenda- and Community Development Department and tion for funding from the Public, Educational, City of Dubuque website; 4) held a public hear-and Government (PEG) Capital Grant for ing pursuant to published notice before the Access Equipment and Facilities to the City of Community Development Advisory Commis-Dubuque for $3,874.79 to run audio and video sion on September 9, 2009; and cables to enable live and recorded telecasts Whereas, the Community Development from the historic section of the Carnegie-Stout Advisory Commission has voted to approve Public Library. Upon motion the documents the CAPER and to recommend City Council were received, filed, and approved. approval. NOW, THEREFORE, BE IT RESOLVED Rebuild Iowa Office (RIO) Smart Growth BY THE CITY COUNCIL OF THE CITY OF Green Paper: City Manager recommending DUBUQUE, IOWA: approval of a City of Dubuque position state- Section 1. That the Consolidated Annual ment on the Rebuild Iowa Office Smart Growth Recovering from the Performance and Evaluation Report (CAPER) Green Paper, entitled: Storms, Planning for the Future: A Safer, for the period commencing July 1, 2008 and Smarter, Stronger Iowa concluding June 30, 2009 is hereby approved . Upon motion the doc- for submission. uments were received, filed, and approved. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to Historic Millwork District (HMD) Bike and execute the Consolidated Annual Performance Pedestrian Facilities: City Manager recom- and Evaluation Report (CAPER) on behalf of mending approval of the submission of a the City of Dubuque, Iowa. Statewide Transportation Enhancements Section 3. That the City Manager is hereby Grant Application and a Federal Recreational authorized and directed to submit the Consoli-Trails Grant Application for the Historic Mill- dated Annual Performance and Evaluation work District Bike and Pedestrian Facilities. Report (CAPER) to the U.S. Department of Upon motion the documents were received Housing and Urban Development. and filed and Resolution No. 348-09 Approving st Passed, approved and adopted this 21 submittal of a Statewide Enhancement Grant day of September 2009. Application to the Iowa Department of Trans- Joyce E. Connors, Mayor Pro-Tem portation for Historic Millwork District Bike and Book 139 Regular Session, September 21, 2009 325 Pedestrian Facilities Project and Resolution NOW THEREFORE, BE IT RESOLVED No. 349-09 Approving submittal of a Federal BY THE CITY COUNCIL OF THE CITY OF Recreational Trails Grant Application to the DUBUQUE, IOWA: Iowa Department of Transportation for Historic Section 1. The Mayor is authorized to sign Millwork District Bike and Pedestrian Facilities and submit this grant application to the Iowa Project were adopted. Department of Transportation for Federal Re- creational Trails Program Funding for the His- RESOLUTION NO. 348-09 toric Millwork District Bike and Pedestrian Fa- APPROVING SUBMITTAL OF A STATE- cilities Project. WIDE ENHANCEMENT GRANT APPLICA- Section 2. That in the event said applica- TION TO THE IOWA DEPARTMENT OF tion is approved, the City Council hereby pro- TRANSPORTATION FOR HISTORIC MILL- vides its written assurance that the completed WORK DISTRICT BIKE AND PEDESTRIAN project will be adequately maintained for its FACILITIES PROJECT. intended use in accordance with state re- Whereas, the Iowa Department of Trans-quirements. portation has announced the eligibility of bike Passed, approved and adopted this st and pedestrian facilities for Statewide En-21 day September, 2009. hancement Program Funding; and Joyce E. Connors, Mayor Pro-Tem Whereas, the City has adopted a Tri-State Attest: Jeanne F. Schneider, CMC, City Clerk Trail Plan that identifies a community-wide bike/pedestrian network, including routes in Plat of Survey – Bonson and Stewart’s the Historic Millwork District; and Subdivision: Zoning Advisory Commission Whereas, the City has adopted a Historic recommending approval of the Plat of Survey Millwork District Master Plan that includes the of Lot E in the Bonson and Stewart’s Subdivi- installation of bike and pedestrian facilities. sion. Upon motion the documents were re- NOW THEREFORE, BE IT RESOLVED ceived and filed and Resolution No. 350-09 BY THE CITY COUNCIL OF THE CITY OF Approving a plat of survey of Bonson and Ste- DUBUQUE, IOWA: wart’s Subdivision Lot E in the City of Dubu- Section 1. The Mayor is authorized to sign que, Iowa, was adopted. and submit this grant application to the Iowa RESOLUTION NO. 350-09 Department of Transportation for Statewide APPROVING A PLAT OF SURVEY OF BON- Enhancement Program Funding for the Histor- SON AND STEWART’S SUBDIVISION LOT E ic Millwork District Bike and Pedestrian Facili- IN THE CITY OF DUBUQUE, IOWA. ties Project. Section 2. That in the event said applica-Whereas, there has been filed with the City tion is approved, the City Council hereby pro-Clerk Bonson and Stewart’s Subdivision Lot vides its written assurance that the completed “E” in the City of Dubuque, Iowa; and project will be adequately maintained for its Whereas, said subdivision provides Lot “E” intended use in accordance with state re-with 3,858 square feet of lot area, where 5,000 quirements. square feet of lot area is required by Section st Passed, approved and adopted this 21 42-19(b) of the Subdivision Regulations; and day of September 2009. Whereas, the subdivision has been ex- Joyce E. Connors, Mayor Pro-Tem amined by the Zoning Advisory Commission Attest: Jeanne F. Schneider, CMC, City Clerk and had its approval endorsed thereon; and Whereas, said subdivision has been ex- RESOLUTION NO. 349-09 amined by the City Council and they find that it APPROVING SUBMITTAL OF A FEDERAL conforms to the statues and ordinances relat- RECREATIONAL TRAILS GRANT APPLI- ing to it. CATION TO THE IOWA DEPARTMENT OF NOW THEREFORE, BE IT RESOLVED TRANSPORTATION FOR HISTORIC MILL- BY THE CITY COUNCIL OF THE CITY OF WORK DISTRICT BIKE AND PEDESTRIAN DUBUQUE, IOWA: FACILITIES PROJECT. Section 1. That Section 42-19(b) of the Whereas, the Iowa Department of Trans-Subdivision Regulations is waived to allow Lot portation has announced the eligibility of bike “E” to have 3,858 square feet of lot area, and pedestrian facilities for Federal Recrea-where 5,000 square feet of lot area are re- tional Trails Program Funding; and quired. Whereas, the City has adopted a Tri-State Section 2. That the Bonson and Stewart’s Trail Plan that identifies a community-wide Subdivision Lot “E” is hereby approved and bike/pedestrian network, including routes in the Mayor and City clerk are hereby authorized the Historic Millwork District; and and directed to endorse the approval of the Whereas, the City has adopted a Historic City of Dubuque, Iowa upon said final plat. st Millwork District Master Plan that includes the Passed, approved and adopted this 21 installation of bike and pedestrian facilities. day of September 2009. 326 Regular Session, September 21, 2009 Book 139 Joyce E. Connors, Mayor Pro-Tem Lead Hazard Reduction Program: $60 000 Attest: Jeanne F. Schneider, City Clerk CDBG Rental Rehab: $63 000 NOW, THEREFORE, BE IT RESOLVED Office of the City Assessor: Communica-BY THE CITY COUNCIL OF THE CITY OF tion from Richard A. Engelken, City Assessor, DUBUQUE, IOWA: advising that the Board of Review has five Section 1. That the City of Dubuque hereby appeals before the Property Assessment Ap-approves commitment of $40 000 in current peal Board in Des Moines and three appeals year General Funds as a match to the applica- before the Iowa District Court. Upon motion tion for IFA State Housing Trust Funds. the documents were received and filed. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of Request to Purchase City Property: Com-the Code of Ordinances, shall have final au- munication from David W. Leifker, thority to direct how such funds shall be used representing Raymond E. Tarkett, requesting in support of revitalization activities in the to purchase a portion of the City alley which Washington Neighborhood. st bisects his property. Upon motion the docu-Passed, approved and adopted this 21 ments were received, filed, and referred to the day of September, 2009. City Manager. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Housing Trust Fund Grant Application: City Manager recommending approval of the sub-Certificate of Completion – Malay Holdings, mission of a Housing Trust Fund Grant Appli-LLC – Vanguard: City Manager recommending cation to the Iowa Finance Authority in the approval of the issuance of a Certificate of amount of $157,250 for continued support of Completion for Malay Holdings, LLC in the homeownership activities in the Washington Dubuque Industrial Center West acknowledg- Neighborhood. Upon motion the documents ing completion of their obligations to construct were received and filed and Resolution No. Minimum Improvements as stipulated in the 351-09 Approving commitment of matching Development Agreement. Upon motion the funds for an application to the Iowa Finance documents were received, filed, and approved. Authority (IFA) for State Housing Trust Funds was adopted. Iowa Clean Air Attainment Program (ICAP) Application: City Manager recommending ap- RESOLUTION NO. 351-09 proval of the submission of a $500,000 De- APPROVING COMMITMENT OF MATCHING partment of Transportation ICAP grant applica- FUNDS FOR AN APPLICATION TO THE tion for the purchase of one Medium Duty Hy- IOWA FINANCE AUTHORITY (IFA) FOR brid bus and the creation of a bus route that STATE HOUSING TRUST FUNDS serves the area around the hospitals and med- WHEREAS, the Iowa Finance Authority ical centers. Upon motion the documents were has recognized Dubuque’s Housing Trust received and filed and Resolution No. 352-09 Fund Committee as a certified Local Housing Authorizing an application for funding from the Trust Fund; and Iowa Clean Air Attainment Program for the WHEREAS, IFA has made funding availa-purchase of one Medium Duty Hybrid bus and ble in state-wide competition to local trust the creation of a bus route that serves the area funds for State Housing Trust Fund grants, in around the hospitals and medical centers was amounts based on population size; and adopted. WHEREAS, a 25% local match is required RESOLUTION NO. 352-09 for receipt of a funding award; and AUTHORIZING AN APPLICATION FOR WHEREAS, the Housing Trust Fund FUNDING FROM THE IOWA CLEAN AIR Committee has authorized an application to ATTAINMENT PROGRAM FOR THE PUR- IFA for a Housing Trust Fund award, in the CHASE OF ONE MEDIUM DUTY HYBRID amount of $157 250; and BUS AND TO CREATE A BUS ROUTE THAT WHEREAS, General Funds committed to SERVES THE AREA AROUND THE HOS- the Washington Neighborhood revitalization PITALS AND MEDICAL CENTERS initiative are available in the current year Housing and Community Development De-Whereas, the Iowa Clean Air Attainment partment budget in sufficient amount to meet Program (ICAP) provides funding for reducing the matching funds requirement; and congestion, reducing travel or single-occupant WHEREAS, other City funds have been vehicle usage, and improving air quality; and committed to the Washington Neighborhood in Whereas the ICAP program is an 80/20 support of the Housing Trust Fund’s initiative, match, 80% state funds ($400,000), 20% local including: match funds ($100,000); and Community Development Block Grant: Whereas, the City Council finds that the $225 000 purchase of alternative fueled vehicles, more Book 139 Regular Session, September 21, 2009 327 specifically, smaller medium-duty buses, which granted a permit to sell Cigarettes and Ciga- operate on alternative fuels such as Liquid rette Papers within said City. Natural Gasor Compressed Natural Gas, NEW would contribute to ICAP goals; and O’Clock Industries, Patrick O’Clock, 145 N. Whereas, the City Council further finds that Crescent Ridge st a medical loop that serves Mercy Hospital and Passed, approved and adopted this 21 Finely Hospital as well as the medical centers day of September, 2009 surrounding the hospitals would promote clean Joyce E. Connors, Mayor Pro-Tem air standards in Dubuque and provided a new Attest: Jeanne F. Schneider, CMC, City Clerk form of public transit service for the citizens of RESOLUTION NO. 354-09 Dubuque. NOW, THEREFORE, BE IT RESOLVED Whereas, applications for Beer Permits BY THE CITY COUNCIL OF THE CITY OF have been submitted and filed to this Council DUBUQUE, IOWA: for approval and the same have been ex- Section 1. That the City Council of the City amined and approved: and of Dubuque, Iowa hereby endorses the at-Whereas, the premises to be occupied by tached application to the Iowa Clean Air At-such applicants were inspected and found to tainment Program for funding for the purchase comply with the Ordinances of the City and of a Medium Duty Hybrid bus and the opera-have filed proper bonds. tional costs for the proposed medical loop. NOW, THEREFORE, BE IT RESOLVED Section 2. That the City Manager is autho-BY THE CITY COUNCIL OF THE CITY OF rized to sign, on behalf of the City Council, the DUBUQUE, IOWA: application for ICAP. That the Manager be authorized to cause st Passed, approved and adopted this 21 to be issued the following named applicants a day of September, 2009. Beer Permit. Joyce E. Connors, Mayor Pro-Tem CLASS “B” BEER PERMIT Attest: Jeanne F. Schneider, CMC, City Clerk J & P O’Hara, Inc., Happy Joe’s Ice Cream/Pizza, +(Sunday Sale), 855 Century Transmittal of GIS Data to FEMA Regard-Drive ing DFIRM: City Manager recommending ap-CLASS “C” BEER PERMIT proval of the submission of a letter to FEMA Liberty Station, LLC, Phillips 66/Arby’s requesting revision of the proposed boundary +(Sunday Sale), 10 S. Main Street delineations on the preliminary DFIRM based Hy-Vee, Inc., Hy-Vee Gas #2 +(Sunday on the GIS shape file prepared by HDR. Upon Sale), 2435 NW Arterial motion the documents were received, filed, Passed, approved and adopted this 21st and approved. day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Liquor License Applications: City Manager Attest: Jeanne F. Schneider, CMC, City Clerk recommending approval of annual liquor li- RESOLUTION NO. 355-09 cense renewals as submitted. Upon motion the documents were received and filed and Reso-Whereas, applications for Liquor Licenses lution No. 353-09 Granting the issuance of one have been submitted to this Council for ap- new permit to sell cigarettes and cigarette pa-proval and the same have been examined and pers; Resolution No. 354-09 Granting the is-approved; and suance of a Class “B” Beer Permit to Happy Whereas, the premises to be occupied by Joe’s and a Class “C” Beer Permit to Phillips such applicants were inspected and found to 66/Arby’s and Hy-Vee Gas #2; and Resolution comply with the State Laws and all City Ordin- No. 355-09 Granting the issuance of a Class ances relevant thereto and they have filed “B” (Hotel/Motel) Liquor License to Hilton Gar-proper bonds. den Inn; Class “C” Beer/Liquor License to An-NOW, THEREFORE, BE IT RESOLVED gie’s Bar, A & B Tap, Happy’s Place, The BY THE CITY COUNCIL OF THE CITY OF Grand Tap, Fat Tuesday’s, Loras College, Red DUBUQUE, IOWA: Robin Burgers and Grand River Center; and a That the Manager be authorized to cause Class “WBN” Native Wine Permit to Gotta to be issued the following named applicants a Have It were adopted. Liquor License. CLASS “B”(HOTEL/MOTEL) LIQUOR LI- RESOLUTION NO. 353-09 CENSE NOW, THEREFORE, BE IT RESOLVED BY DBQ Casino Hotel LLC, Hilton Garden THE CITY COUNCIL OF THE CITY OF DU-Inn/Houlihan’s Restaurant, +(Sunday/Outdoor BUQUE, IOWA: Sale), 1795 Greyhound Park That the following having complied with the CLASS “C” BEER/LIQUOR LICENSE provisions of law relating to the sale of Ciga-Angela Mangeno, Angie’s Bar +(Sunday rettes within the City of Dubuque, Iowa, be Sale, 1401 Elm Street 328 Regular Session, September 21, 2009 Book 139 SUBDIVISION IN THE CITY OF DUBUQUE, DDA Enterprise, Inc., A & B Tap +(Sunday DUBUQUE COUNTY, IOWA Sale), 2600 Central Avenue P.M.S.T. Inc., Happy’s Place +(Sunday Whereas, Laura J. and Ricky A. Skelton Sale), 2323 Rockdale have requested the vacating and disposal of a James Kohl, The Grand Tap +(Sunday portion of an alley adjacent to 35 McEvoy Sale), 802 Central Avenue Street; and IBRICO, Inc., Fat Tuesday’s +(Sunday Whereas, Schneider Land Surveying & Sale), 1121 University Planning, Inc. has prepared and submitted to Aramark, Inc., Loras College Athlet-the City Council a plat showing the vacated ic/Wellness +(Sunday Sale), 1600 Cox Street portion of an alley adjacent to McEvoy Street Red Robin Intl., Red Robin Burgers and assigned lot number thereto, which herei- +(Sunday/Outdoor Sale), 2775 NW Arterial nafter shall be known and described as Lot I of Platinum Hospitality, Grand River Center Bonson and Stewart’s Subdivision, a vacated +(Sunday/Outdoor Sale), 500 Bell Street portion of said alley described as Lot B of CLASS “WBN” (NATIVE WINE) Bonson and Stewart’s Subdivision, previously Gotta Have It, Inc., Gotta Have It, 315 Bluff platted by the Iowa Department of Transporta- Street tion, all in the City of Dubuque, Dubuque Passed, approved and adopted this 21st County, Iowa should be approved. day of September, 2009. NOW THEREFORE, BE IT RESOLVED Joyce E. Connors, Mayor Pro-Tem BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, International Business Machines – Joint intends to vacate and dispose of its interest in Development Agreement: City Manager re-Lot B and Lot I of Bonson and Stewart’s Sub- commending approval of a Joint Development division in the City of Dubuque, Dubuque Agreement between International Business County, Iowa. Machines (IBM) and the City of Dubuque as Section 2. That the conveyance of Lot B authorized by the City Council on September and Lot I of Bonson and Stewart’s Subdivision 17, 2009. Upon motion the documents were in the City of Dubuque, Dubuque County, received, filed, and approved. Iowa, to Laura J. and Ricky A. Skelton be con- tingent upon the payment of surveying, plat- ITEMS TO BE SET FOR PUBLIC HEARING ting, publication, and filing fees. Section 3. That the City Clerk be and is he- Motion by Lynch to receive and file the reby authorized and directed to cause a notice documents, adopt the resolutions, set the pub-of intent to vacate and dispose of said real lic hearings as indicated, and direct the City estate to be published in the manner as pre- Clerk to publish notice as prescribed by law. scribed by law. st Seconded by Voetberg. Motion carried 6-0. Passed, approved and adopted this 21 day of September, 2009. Dubuque Ice and Recreation Center, Inc. Joyce E. Connors, Mayor Pro-Tem (DICE) – Development Agreement and Lease Attest: Jeanne F. Schneider, CMC, City Clerk Agreement: This item was removed from the agenda. 2009 Cured-in-Place (CIPP) Lining Project: City Manager recommending that the bid re- McEvoy Street – Alley Vacate: City Man-ceived for the 2009 Cured-in-Place (CIPP) ager recommending that a public hearing be Lining Project be rejected and to re-initiate the set for October 5, 2009 to consider a request public bidding procedure and setting a public from Laura Skelton for the vacation and dis-hearing for October 5, 2009. Upon motion the posal of an alley adjacent to 35 McEvoy documents were received and filed and Reso- Street. Upon motion the documents were re-lution No. 357-09 Rejecting bids for the 2009 ceived and filed and Resolution No. 356-09 Cured-in-Place Lining Project; and Resolution Resolution of intent to vacate and dispose of No. 358-09 Preliminary approval of plans, spe- City interest in Lot B and Lot I of Bonson and cifications, form of contract, and estimated Stewart’s Subdivision in the City of Dubuque, cost; setting date of public hearing on plans, Dubuque County, Iowa, was adopted setting a specifications, form of contract, and estimated public hearing for a meeting to commence at cost; and ordering the advertisement for bids 6:30 p.m. on October 5, 2009 in the Historic for the 2009 Sewer Cured-in-Place Pipe Federal Building. (CIPP) Lining Project were adopted setting a public hearing for a meeting to commence at RESOLUTION NO. 356-09 6:30 p.m. on October 5, 2009 in the Historic RESOLUTION OF INTENT TO VACATE AND Federal Building. DISPOSE OF CITY INTEREST IN LOT B AND LOT I OF BONSON AND STEWART’S Book 139 Regular Session, September 21, 2009 329 RESOLUTION NO. 357-09 The 2009 Sewer CIPP Lining Project is he- REJECTING BIDS FOR THE 2009 SEWER reby ordered to be advertised for bids for con- CIPP LINING PROJECT struction. Whereas, sealed proposals have been The amount of the security to accompany submitted by contractors for the 2009 Sewer each bid shall be in an amount which shall CIPP Lining Project (the Project) pursuant to conform to the provisions of the Notice to Bid- Resolution No. 294-09 and notice to bidders ders hereby approved. published in the City of Dubuque, Iowa, on the The City Clerk is hereby directed to adver- st 21 day of August, 2009. tise for bids for the construction of the im- Whereas, sealed proposals were opened provements herein provided, by publishing the th and read on the 10 day of September, 2009; attached Notice to Bidders to be published in a and newspaper having general circulation in the Whereas, the City Council has deemed it City of Dubuque, Iowa, which notice shall be advisable to reject all bids and to re-bid the published not less than four but not more than Project. forty-five days before the date for filing bids h NOW THEREFORE, BE IT RESOLVED before 2:00 p.m. on the 8 day of October, BY THE CITY COUNCIL OF THE CITY OF 2009. Bids shall be opened and read by the DUBUQUE, IOWA: City Clerk at said time and will be submitted to Section 1. That the bids received on Sep-the City Council for final action at 6:30 p.m. on th tember 10, 2009, for the above Project be re-the 19 day of October, 2009, in the Historic jected. Federal Building Council Chambers (second stth Passed, adopted and approved this 21 floor), 350 West 6 Street, Dubuque, Iowa. st day of September, 2009. Passed, adopted and approved this 21 Joyce E. Connors, Mayor Pro-Tem day of September, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 358-09 2009 SEWER CIPP LINING PROJECT BOARDS/COMMISSIONS PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, Applicants were invited to address the City AND ESTIMATED COST; SETTING DATE Council regarding their desire to serve on the OF PUBLIC HEARING ON PLANS, SPECI- following Boards/Commissions: Historic Pre- FICATIONS, FORM OF CONTRACT, AND servation Commission: One 3-year term ESTIMATED COST; AND ORDERING THE through July 1, 2011 – Langworthy Historic ADVERTISEMENT FOR BIDS District (Interim Term of Licht). Applicant: Da- rd NOW THEREFORE, BE IT RESOLVED vid Klavitter, 1090 West 3 Street - Qualifies BY THE CITY COUNCIL OF THE CITY OF for Langworthy Resident Commissioner. Mr. DUBUQUE, IOWA: Klavitter spoke in support of his appointment. The proposed plans, specifications, form of Appointments to the following contract and estimated cost for the 2009 Sew-Boards/Commissions: Environmental Ste- er CIPP Lining Project, in the estimated wardship Advisory Commission: One 3-year amount $182,716.60, are hereby preliminarily term through October 1, 2012 (Term of Gayle approved and ordered filed in the office of the (Gross) Walter). Applicant: Gayle (Gross) Wal- City Clerk for public inspection. ter, 1650 Alicia Street. Motion by Lynch to ap- th A public hearing will be held on the 5 day point Gayle Walter to the Environmental Ste- of October, 2009, at 6:30 p.m. in the Historic wardship Advisory Commission for a 3-year Federal Building Council Chambers at which term through October 1, 2012. Seconded by time interested persons may appear and be Braig. Motion carried 6-0. heard for or against the proposed plans and PUBLIC HEARINGS specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice Upon motion the rules were suspended al- of the time and place of such hearing to be lowing anyone present to address the City published in a newspaper having general cir-Council. culation in the City of Dubuque, Iowa, which notice shall be published not less than four 2494 Pearl Street – Request to Rezone: days nor more than twenty days prior to the Proof of publication on notice of public hearing date of such hearing. At the hearing, any inter-to consider a request from Tim McDonald to ested person may appear and file objections to rezone property located at 2494 Pearl Street the proposed plans, specifications, form of from R-1 Single-Family Residential District to contract, or estimated cost of the Project. R-2 Two-Family Residential District and Zon- ing Advisory Commission recommending denial. 330 Regular Session, September 21, 2009 Book 139 Motion by Jones to receive and file the Section 2. The foregoing amendment has documents and concur with the denial. Tim heretofore been reviewed by the Zoning Advi- McDonald, 8188 Southern Hills Circle, spoke sory Commission of the City of Dubuque, in support of the rezoning. Planning Services Iowa. Manager Laura Carstens provided a staff re-Section 3. This ordinance shall take effect port. Zoning Advisory Commission Vice Chair-immediately upon publication, as provided by person Charles Miller spoke on behalf of the law. st Commission. Kevin DeMoss, 2486 Pearl; and Passed, approved and adopted this 21 Irvin Nauman, 2464 Pearl Street, spoke in day of September, 2009. opposition to the request. Motion carried 6-0. /s/Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 400 Block of Lincoln Avenue – Request to Published officially in the Telegraph Herald th Rezone: Proof of publication on notice of pub-Newspaper the 25 day of September, 2009. lic hearing to consider a request from Michelle /s/Jeanne F. Schneider, CMC, City Clerk Mihalakis to rezone property located in the 400 block of Lincoln Avenue (Parcel #10-24-211-Unified Development Code: Proof of publi- 011) from R-2A Alternate Two-Family Resi-cation on notice of public hearing to consider dential District to OR Office Residential District adoption of the Unified Development Code – and Zoning Advisory Commission recommend-Articles 1 through 15 and Zoning Advisory ing approval. Commission recommending approval. Motion Motion by Jones to receive and file the by Jones to receive and file the documents documents and that the requirement that a and consider a first reading of a proposed or- proposed ordinance be considered and voted dinance establishing Title 16, Unified Devel- on for passage at two Council meetings prior opment Code for the City of Dubuque, Iowa, in to the meeting at which it is to be passed be accordance with the provisions of the Code of suspended. Seconded by Lynch. Michelle Mi-Iowa and for the repeal of all ordinances in halakis, 2545 Jackson Street, spoke in support conflict herewith. Seconded by Lynch. Plan- of the request. Planning Services Manager ning Services Laura Carstens provided a staff Laura Carstens provided a staff report. Motion report. Assistant City Attorney Tim O’Brien carried 6-0. responded to questions from City Council Motion by Jones for final consideration and Members. Motion carried 6-0. passage of Ordinance No. 47-09 Amending Appendix A (The Zoning Ordinance) of the City 40 Main, LLC: Proof of publication on no- of Dubuque Code of Ordinances by reclassify-tice of public hearing to consider the vacating ing hereinafter described property located in of a portion of Jones Street and the adjacent the 400 block of Lincoln Avenue from R-2A alley north of Jones Street behind 42, 44 and Alternate Two-Family Residential District to 48 Main Street and City Manager recommend- OR Office Residential District. Seconded by ing approval. Voetberg. Motion carried 6-0. Proof of publication on notice of public hearing to consider disposition of real estate OFFICIAL PUBLICATION by Real Estate Contract with 40 Main, LLC and ORDINANCE NO. 47-09 City Manager recommending approval. AMENDING APPENDIX A (THE ZONING Motion by Braig to receive and file the doc- ORDINANCE) OF THE CITY OF DUBUQUE uments and adopt Resolution No. 359-09 Va- CODE OF ORDINANCES BY RECLASSIFY- cating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of ING HEREINAFTER DESCRIBED PROPER- 17A all in the west half of Block 1 and Lot 1 of TY LOCATED IN THE 400 BLOCK OF LIN- 1A in the west half of Block 10 in Dubuque COLN AVENUE FROM R-2A ALTERNATE Harbor Company’s Addition in the City of Du- TWO-FAMILY RESIDENTIAL DISTRICT TO buque, Dubuque County, Iowa; and Resolution OR OFFICE RESIDENTIAL ZONING DIS- No. 360-09 Disposing of the City’s interest in TRICT Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all NOW, THEREFORE, BE IT ORDAINED in the west half of Block 1 and Lot 1 of 1A in BY THE CITY COUNCIL OF THE CITY OF the west half of Block 10 in Dubuque Harbor DUBUQUE, IOWA: Company’s Addition in the City of Dubuque, Section 1. That Appendix A (the Zoning Dubuque County, Iowa. Seconded by Voet- Ordinance) of the City of Dubuque Code of berg. Chris Miller, 3211 North Cedar Court, Ordinances is hereby amended by reclassify-spoke in support of the request. Motion carried ing the hereinafter-described property from R-6-0. 2A Alternate Two-Family Residential District to RESOLUTION NO. 359-09 OR Office/Residential District to wit: VACATING LOT 1 OF 10A, LOT 1 OF 12A, All of Burton W. Boyes Place #3, and to the AND LOT 1 OF 17A ALL IN THE WEST centerline of the adjoining public right-of-way, HALF OF BLOCK 1 AND LOT 1 OF 1A IN all in the City of Dubuque, Iowa. Book 139 Regular Session, September 21, 2009 331 THE WEST HALF OF BLOCK 10 IN DUBU- the easement area. 40 Main, LLC further QUE HARBOR COMPANY’S ADDITION IN agrees to defend, indemnify, and hold harm- THE CITY OF DUBUQUE, DUBUQUE less the City of Dubuque and any other utility COUNTY, IOWA from and against any and all claims of any kind Whereas, 40 Main, LLC has requested a for any expenses necessary to remove, relo- portion of Jones Street and adjacent alley cate, repair, remodel, maintain, or replace any north of Jones behind 42, 44, and 48 Main above ground improvements in the easement Street to be vacated; and area. st Whereas, Buesing & Associates has pre-Passed, approved and adopted this 21 pared and submitted to the City Council a plat day of September, 2009. showing the vacated portion of Jones Street Joyce E. Connors, Mayor Pro-Tem and adjacent alley north of Jones behind 42, Attest: Jeanne F. Schneider, CMC, City Clerk 44, and 48 Main Street, and assigned lot num- RESOLUTION NO. 360-09 bers thereto, which hereinafter shall be known DISPOSING OF CITY INTEREST IN LOT 1 and described as Lot 1 of 10A, Lot 1 of 12A, OF 10A, LOT 1 OF 12A, AND LOT 1 OF 17A and Lot 1 of 17A all in the West Half of Block 1 ALL IN THE WEST HALF OF BLOCK 1 AND and Lot 1 of 1A in the West Half of Block 10 in LOT 1 OF 1A IN THE WEST HALF OF Dubuque Harbor Company’s Addition in the BLOCK 10 IN DUBUQUE HARBOR COM- City of Dubuque, Dubuque County, Iowa; and PANY’S ADDITION IN THE CITY OF DUBU- Whereas, the City Council of the City of QUE, DUBUQUE COUNTY, IOWA BY REAL Dubuque, Iowa has determined that vacated ESTATE CONTRACT WITH 40 MAIN, LLC portion of Jones Street and adjacent alley north of Jones behind 42, 44, and 48 Main Whereas, pursuant to resolution and pub- Street, are no longer required for public use, lished notice of time and place of hearing, pub- and vacating of said portion of Jones Street lished in the Telegraph Herald, a newspaper of and adjacent alley north of Jones behind 42, general circulation published in the City of Du- th 44, and 48 Main Street known as Lot 1 of 10A, buque, Iowa on this 11 day of September, Lot 1 of 12A, and Lot 1 of 17A all in the West 2009, the City Council of the City of Dubuque, st Half of Block 1 and Lot 1 of 1A in the West Iowa met on the 21 day of September, 2009, Half of Block 10 in Dubuque Harbor Compa-at 6:30 p.m. in the Historic Federal Building th ny’s Addition in the City of Dubuque, Dubuque Council Chambers (second floor), 350 West 6 County, Iowa, should be approved. Street, Dubuque, Dubuque County, Iowa to NOW, THEREFORE, BE IT RESOLVED consider the proposal for the sale of real es- BY THE CITY COUNCIL OF THE CITY OF tate described as: DUBUQUE, IOWA: Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of Section 1. That the real estate described 17A all in the West Half of Block 1 and Lot 1 of as Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 17A 1A in the West Half of Block 10 in Dubuque all in the West Half of Block 1 and Lot 1 of 1A Harbor Company’s Addition in the City of Du- in the West Half of Block 10 in Dubuque Har-buque, Dubuque County, Iowa, to 40 Main, bor Company’s Addition in the City of Dubu-LLC, pursuant to the Real Estate Contract que, Dubuque County, Iowa, be and the same attached hereto; and is hereby vacated. Whereas, the City Council of the City of Section 2. The City of Dubuque reserves Dubuque, Iowa overruled any and all objec- unto itself a perpetual easement including the tions, oral or written to the proposal to sell right of ingress and egress thereto, for the such real estate. purpose of erecting, installing, constructing, NOW THEREFORE, BE IT RESOLVED reconstructing, repairing, owning, operating, BY THE CITY COUNCIL OF THE CITY OF and maintaining water, sewer, drainage, gas, DUBUQUE, IOWA: telephone, television cable, fiber optics, and Section 1. That the sale of City of Dubuque electric lines as may be authorized by the City real property described as Lot 1 of 10A, Lot 1 of Dubuque, Iowa, as indicated on the plats of 12A, and Lot 1 of 17A all in the West Half of thereof. Block 1 and Lot 1 of 1A in the West Half of Section 3. 40 Main, LLC agrees that nei-Block 10 in Dubuque Harbor Company’s Addi- ther the City of Dubuque and nor any other tion in the City of Dubuque, Dubuque County, utility provider shall not be responsible for any Iowa, to 40 Main, LLC be and the same is he- expenses necessary to remove, relocate, re-reby approved for the sum of $157,583.00, pair, remodel, maintain, or replace any above plus the cost of platting, publication, and filing ground improvements in the easement area, fees. Conveyance shall be by Real Estate including, but not limited to, landscaping, fenc-Contract dated September 21, 2009 attached ing, retaining walls, and colored or patterned hereto. concrete within the easement area, as a result Section 2. The City of Dubuque reserves of the removal, relocation, repair, remodeling, unto itself a perpetual easement including the maintenance or replacement of any utilities in right of ingress and egress thereto, for the 332 Regular Session, September 21, 2009 Book 139 purpose of erecting, installing, constructing, Iowa, including platted streets, easements, reconstructing, repairing, owning, operating, and detention areas; and and maintaining water, sewer, drainage, gas, Whereas, IIW Engineers & Surveyors, PC telephone, television cable, fiber optics, and has prepared and submitted to the City Coun- electric lines as may be authorized by the City cil a plat showing vacated Final Plat of West of Dubuque, Iowa, as indicated on the plats End Commercial Subdivision, including platted thereof. streets, easements, and detention areas, Section 3. 40 Main, LLC agrees that nei-which hereinafter shall be known and de- ther the City of Dubuque and nor any other scribed as West End Commercial Subdivision utility provider shall not be responsible for any No. 2 in the City of Dubuque, Dubuque Coun- expenses necessary to remove, relocate, re-ty, Iowa; and pair, remodel, maintain, or replace any above Whereas, the City Council of the City of ground improvements in the easement area, Dubuque, Iowa, has determined that the Final including, but not limited to, landscaping, fenc-Plat of West End Commercial Subdivision, ing, retaining walls, and colored or patterned including platted streets, easements, and de- concrete within the easement area, as a result tention areas are no longer required for public of the removal, relocation, repair, remodeling, use, and vacating of said Final Plat of West maintenance or replacement of any utilities in End Commercial Subdivision, including platted the easement area. 40 Main, LLC further streets, easements, and detention areas, re- agrees to defend, indemnify, and hold harm-platted as West End Commercial Subdivision less the City of Dubuque and any other utility No. 2 in the City of Dubuque, Dubuque Coun- from and against any and all claims of any kind ty, Iowa, should be approved. for any expenses necessary to remove, relo-NOW THEREFORE, BE IT RESOLVED cate, repair, remodel, maintain, or replace any BY THE CITY COUNCIL OF THE CITY OF above ground improvements in the easement DUBUQUE, IOWA: area. Section 1. That the real estate described Section 4. The Mayor is authorized and di-as the Final Plat of West End Commercial rected to execute the Real Estate Contract, Subdivision in the City of Dubuque, Iowa, be and the City Clerk is hereby authorized and and the same is hereby vacated. st directed to deliver a deed of conveyance to 40 Passed, approved and adopted this 21 Main, LLC upon receipt of the purchase price day of September, 2009. in full. Joyce E. Connors, Mayor Pro-Tem Section 5. The City Clerk is hereby autho-Attest: Jeanne F. Schneider, CMC, City Clerk rized and directed to record a certified copy of RESOLUTION NO. 362-09 this resolution in the offices of the City Asses- DISPOSING OF CITY INTEREST INLOT A sor, Dubuque County Recorder and Dubuque AND LOT B OF WEST END COMMERCIAL County Auditor. st SUBDIVISION IN THE CITY OF DUBUQUE, Passed, approved and adopted this 21 DUBUQUE COUNTY, IOWA day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Whereas, pursuant to resolution and pub- Attest: Jeanne F. Schneider, CMC, City Clerk lished notice of time and place of hearing, pub- West End Commercial Subdivision: Proof lished in the Telegraph Herald, a newspaper of of publication on notice of public hearing to general circulation published in the City of Du- th consider a request from Tschiggfrie Excavat-buque, Iowa on this 11 day of September, ing Company to vacate and dispose of the final 2009, the City Council of the City of Dubuque, st plat of West End Commercial Subdivision and Iowa met on the 21 day of September, 2009, City Manager recommending approval. Motion at 6:30 p.m. in the Historic Federal Building th by Lynch to receive and file the documents Council Chambers (second floor), 350 West 6 and adopt Resolution No. 361-09 Vacating the Street, Dubuque, Dubuque County, Iowa to final plat of West End Commercial Subdivision consider the proposal for the sale of real es- and Resolution No. 362-09 Disposing of City tate described as: interest in Lot A and Lot B in West End Com-Lot A and Lot B of West End Commercial mercial Subdivision in the City of Dubuque, Subdivision in the City of Dubuque, Dubuque Dubuque County, Iowa. Seconded by Lynch. County, Iowa. Motion carried 6-0. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- RESOLUTION NO. 361-09 tions, oral or written to the proposal to sell VACATING THE FINAL PLAT OF WEST such real estate, except for easement as END COMMERCIAL SUBDIVISION noted. Whereas, Brian Kane, representing NOW, THEREFORE, BE IT RESOLVED Tschiggfrie Excavating Co., has requested the BY THE CITY COUNCIL OF THE CITY OF vacating of the Final Plat of West End Com-DUBUQUE, IOWA: mercial Subdivision; in the City of Dubuque, Book 139 Regular Session, September 21, 2009 333 Section 1. That the sale of City of Dubuque real property described as Lot A and Lot B of West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa, to Tschiggfrie Excavating Co. be and the same is hereby approved for the sum of $300.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Tschiggfrie Excavating Co. upon receipt of the purchase price in full. Section 3. That the City Clerk be and is he- reby authorized and directed to record a certi- fied copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. st Passed, approved and adopted this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2010 budget and City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 363-09 Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque. Seconded by Braig. Motion carried Continued 6-0. () 334 Regular Session, September 21, 2009 Book 139 RESOLUTION NO. 363-09 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2010 Be it Resolved by the Council of the City of Dubuque: Section 1. Following noticed published 9/9/09, and the public hearing held, 9/21/09, the current budget as set out herein and in the detail by fund type and activity that supports this resolution which was con- sidered 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: Uncollected 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 0 1,336,745 Use of Money and Property 8 12,833,420 3,162 12,836,582 Intergovernmental 9 32,378,001 28,976,442 61,354,443 Charges for Services 10 27,378,276 44,000 27,422,276 Special Assessments 11 278,000 1,321,650 1,599,650 Miscellaneous 12 6,350,736 1,900,815 8,251,551 Other Financing Sources 13 101,166,396 24,322,322 125,488,718 Total Revenues and Other Sources 14 220,577,846 56,568,391 277,146,237 Expenditures & Other Financing Uses Public Safety 15 21,766,430 900,829 22,667,259 Public Works 16 11,593,287 280,110 11,873,397 Health and Social Services 17 847,063 111,332 958,395 Culture and Recreation 18 8,955,550 104,979 9,060,529 Community and Economic Development 19 11,584,447 658,272 12,242,719 General Government 20 6,547,820 315,537 6,863,357 Debt Service 21 5,970,043 0 5,970,043 Capital Projects 22 30,619,440 44,707,574 75,327,014 Total Government Activities Expenditures 23 97,884,080 47,078,633 144,962,713 Business Type / Enterprises 24 70,940,795 23,913,809 94,854,604 Total Gov Activities & Business Expenditures 25 168,824,875 70,992,442 239,817,317 Transfers Out 26 56,921,932 10,845,998 67,767,930 Total Expenditures/Transfers Out 27 225,746,807 81,838,440 307,585,247 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -5,168,961 -25,270,049 -30,439,010 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 30,078,556 13,520,014 43,598,570 Ending Fund Balance June 30 31 24,909,595 -11,750,035 13,159,560 st Passed this 21 day of September, 2009. Joyce E. Connors, Mayor Pro-Tem Jeanne F. Schneider, City Clerk Book 139 Regular Session, September 21, 2009 335 General Obligation Bonds: Proof of publi-General Obligation Bonds for the foregoing cation on notice of public hearing to consider essential corporate purposes. the issuance of not to exceed $3,000,000 Passed and approved this 21st day of Sep- General Obligation Bonds to be used for vari-tember, 2009. ous projects and City Manager recommending Joyce E. Connors, Mayor Pro-Tem approval. Motion by Lynch to receive and file Attest: Jeanne F. Schneider, CMC, City Clerk the documents and adopt Resolution No. 364- 09 Instituting proceedings to take additional General Obligation Urban Renewal Bonds: action for the issuance of not to exceed Proof of publication on notice of public hearing $3,000,000 General Obligation Bonds. to consider the issuance of not to exceed Seconded by Resnick. Responding to ques-$13,500,000 General Obligation Urban Re- tions from the City Council, Budget Director newal Bonds for costs associated with the Jenny Larson stated that the City’s bond rating construction of a multi-story public parking is very stable, and it will be reviewed with this ramp located at 5th and Bluff Streets, and the issuance. City Manager Van Milligen stated construction of street, sewer, sidewalk, trail that the City’s bond rating was upgraded in and other public infrastructure improvements 2003. Motion carried 6-0. within Dubuque Industrial Center West and City Manager recommending approval. Motion RESOLUTION NO. 364-09 by Lynch to receive and file the documents INSTITUTING PROCEEDINGS TO TAKE and adopt Resolution No. 365-09 Instituting ADDITIONAL ACTION FOR THE ISSUANCE proceedings to take additional action for the OF NOT TO EXCEED $3,000,000 GENERAL issuance of not to exceed $13,500,000 Gener- OBLIGATION BONDS al Obligation Urban Renewal Bonds. WHEREAS, pursuant to notice published Seconded by Resnick. Motion carried 6-0. as required by law, this Council has held a RESOLUTION NO. 365-09 public meeting and hearing upon the proposal INSTITUTING PROCEEDINGS TO TAKE to institute proceedings for the issuance of not ADDITIONAL ACTION FOR THE AUTHORI- to exceed $3,000,000 General Obligation ZATION AND ISSUANCE OF NOT TO EX- Bonds, for the essential corporate purposes of CEED $13,500,000 GENERAL OBLIGATION paying costs of the acquisition of sewer pipe- URBAN RENEWAL BONDS line inspection equipment; the inspection and certification of the flood control levee system; WHEREAS, pursuant to notice published the construction and installation of storm water as required by law, this Council has held a management facilities, including the Bee public meeting and hearing upon the proposal Branch Creek Restoration Project, and the to institute proceedings for the issuance of not reconstruction of storm sewers; the acquisition to exceed $13,500,000 General Obligation and replacement of street lights; the acquisi-Urban Renewal Bonds, for the purpose of pay- tion and installation of fiber optic conduit in ing costs of aiding in the planning, undertaking connection with street improvements and wa-and carrying out of urban renewal project ac- termain extensions; the repair and improve-tivities under the authority of Chapter 403 of ment of the Dubuque Regional Airport, includ-the Code of Iowa and the Amended and Res- ing hanger heater and terminal boiler replace-tated Urban Renewal Plans for the Greater ments, runway and hanger painting, hanger Downtown Urban Renewal District and the repairs and replacements and parking area Dubuque Industrial Center West Economic paving; the acquisition and replacement of Fire Development District, including those costs Department ladder and pumper trucks and associated with the construction of a multi- ambulances; and water utility improvements story public parking ramp located at 5th and including the construction and installation of Bluff Streets, and the construction of street, watermain extensions, ADA improvements, sewer, sidewalk, trail and other public infra- back-up power supply and water consumption structure improvements within Dubuque Indus- studies and engineering, and has considered trial Center West, and no petition was filed the extent of objections received from resi-calling for a referendum thereon. The following dents or property owners as to the proposed action is now considered to be in the best in- issuance of Bonds; and, accordingly the fol-terests of the City and residents thereof: lowing action is now considered to be in the NOW, THEREFORE, BE IT RESOLVED best interests of the City and residents thereof: BY THE COUNCIL OF THE CITY OF DUBU- NOW, THEREFORE, BE IT RESOLVED QUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That pursuant to Section 384.25 DUBUQUE, IOWA: of the City Code of Iowa this Council does Section 1. That this Council does hereby hereby institute proceedings and take addi- institute proceedings and take additional action tional action for the authorization and issuance for the sale and issuance in the manner re-in the manner required by law of not to exceed quired by law of not to exceed $3,000,000 336 Regular Session, September 21, 2009 Book 139 $13,500,000 General Obligation Urban Re-ager recommending approval and award of the newal Bonds for the foregoing purposes. contract to Ram Construction Services of Min- st Passed and approved this 21 day of Sep-nesota LLC., in the amount of $213,900.00. tember, 2009. Motion by Jones to receive and file the docu- Joyce E. Connors, Mayor Pro-Tem ments and adopt Resolution No. 367-09Ap- Attest: Jeanne F. Schneider, CMC, City Clerk proving plans, specifications, form of contract, and estimated cost for the Port of Dubuque General Obligation Refunding Bonds: Parking ramp Concrete Crack Repair Project. Proof of publication on notice of public hearing Seconded by Voetberg. Motion carried 6-0. to consider the issuance of not to exceed $9,500,000 General Obligation Refunding Motion by Jones to table the award of the Bonds to pay costs of refunding and refinanc-public improvement contract for the Port of ing of certain City indebtedness and City Man-Dubuque Parking Ramp Concrete Crack Re- ager recommending approval. Motion by pair Project to September 23, 2009 at 5:00 Lynch to receive and file the documents and p.m. in Conference Room A in City Hall, 50 th adopt Resolution No. 366-09 Instituting pro-West 13 Street. Seconded by Voetberg. Mo- ceedings to take additional action for the is-tion carried 6-0. suance of not to exceed $9,500,000 General RESOLUTION NO. 367-09 Obligation Refunding Bonds. Seconded by APPROVAL OF PLANS, SPECIFICATIONS, Braig. Motion carried 6-0. FORM OF CONTRACT, AND ESTIMATED RESOLUTION NO. 366-09 COST FOR THE PORT OF DUBUQUE INSTITUTING PROCEEDINGS TO TAKE PARKING RAMP CRACK REPAIR AND ADDITIONAL ACTION FOR THE ISSUANCE CONCRETE SEALER PROJECT OF NOT TO EXCEED $9,500,000 GENERAL NOW, THEREFORE, BIT IT RESOLVED OBLIGATION REFUNDING BONDS BY THE CITY COUNCIL OF THE CITY OF WHEREAS, pursuant to notice published DUBUQUE, IOWA: as required by law, this Council has held a That the proposed plans, specifications, public meeting and hearing upon the proposal form of contract and estimated cost for the to institute proceedings for the issuance of not Port of Dubuque Parking Ramp Crack Repair to exceed $9,500,000 General Obligation Re-and concrete Sealer Project in the estimated funding Bonds, for the essential corporate pur-amount of $700,000 are hereby approved. st pose of paying costs of refunding and refinanc-Passed, adopted and approved this 21 ing of certain City indebtedness, including the day of September, 2009. General Obligation Bonds, Series 2001, dated Joyce E. Connors, Mayor Pro-Tem December 15, 2001, and the General Obliga-Attest: Jeanne Schneider, CMC, City Clerk tion Bonds, Series 2002, dated December 15, 2001, and has considered the extent of objec-Heeb Street Retaining Wall Reconstruction tions received from residents or property own-Project: Proof of publication on notice of public ers as to the proposed issuance of Bonds; hearing to consider the plans, specifications, and, accordingly the following action is now form of contract and estimated cost for the considered to be in the best interests of the Heeb Street Retaining Wall Reconstruction City and residents thereof: Project and City Manager recommending ap- NOW, THEREFORE, BE IT RESOLVED proval. Motion by Voetberg to receive and file BY THE CITY COUNCIL OF THE CITY OF the documents and adopt Resolution No. 368- DUBUQUE, IOWA: 09 Approving plans, specifications, form of Section 1. That this Council does hereby contract, and estimated cost for the Heeb institute proceedings and take additional action Street Retaining Wall Reconstruction Project. for the sale and issuance in the manner re-Seconded by Jones. Motion carried 6-0. quired by law of not to exceed $9,500,000 RESOLUTION NO. 368-09 General Obligation Refunding Bonds for the APPROVAL OF PLANS, SPECIFICATIONS, foregoing essential corporate purpose. st FORM OF CONTRACT, AND ESTIMATED Passed and approved this 21 day of Sep- COST FOR THE HEEB STREET RETAINING tember, 2009. WALL RECONSTRUCTION PROJECT Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Port of Dubuque Parking Ramp Concrete DUBUQUE, IOWA: Crack Repair Project: Proof of publication on That the proposed plans, specifications, notice of public hearing to consider the plans, form of contract and estimated cost for the specifications, form of contract and estimated Heeb Street Retaining Wall Reconstruction cost for the Port of Dubuque Parking Ramp Project, in the estimated amount $178,869.45, Concrete Crack Repair Project and City Man-are hereby approved. Book 139 Regular Session, September 21, 2009 337 st Passed, adopted and approved this 21 That the proposed plans, specifications, day of September, 2009. form of contract and estimated cost for the Salt Joyce E. Connors, Mayor Pro-Tem Dome Conveyor Project, in the estimated Attest: Jeanne F. Schneider, CMC, City Clerk amount $160,000.00, are hereby approved. st Passed, approved and adopted this 21 Traffic Signal Mastarm Retrofit – Central day of September, 2009. thth Avenue at 5 and 7 Streets Project: Proof of Joyce E. Connors, Mayor Pro-Tem publication on notice of public hearing to con-Attest: Jeanne F. Schneider, CMC, City Clerk sider the plans, specifications, form of contract and estimated cost for the Traffic Signal Mas-Upon motion the rules were reinstated li- thth tarm Retrofit – Central Avenue at 5 and 7 miting discussion to the City Council. Streets Project and City Manager recommend- ACTION ITEMS ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 369-09 Approving plans, specifications, form of Pet Park: City Manager submitting the Park contract, and estimated cost for the Traffic and Recreation Commission’s recommenda- Signal Mastarm Retrofit – Central Avenue at tion on resolution of the Pet Park issue and thth 5 and 7 Streets Project. Seconded by Braig. requesting City Council direction. Traffic Engineer Dave Ness provided an ex-Communications from Leora Bemboom, planation of the need for this project. Motion John Lau and Roger Ruden (with CD) regard- carried 6-0. ing the dog park issue. Communication from Toni Kretschmer re- RESOLUTION NO. 369-09 questing that Nancy Stecklein be allowed to APPROVAL OF PLANS, SPECIFICATIONS, address the City Council regarding the dog FORM OF CONTRACT, AND ESTIMATED park issue. COST FOR THE TRAFFIC SIGNAL MAS- Motion by Jones to receive and file the TARM RETROFIT PROJECT, CENTRAL documents, adopt and concur with recommen- THTH AVENUE AT 5 AND 7 STREETS dations of the Park and Recreation Commis- NOW THEREFORE, BE IT RESOLVED sion to develop a pet park at the Thermo- BY THE CITY COUNCIL OF THE CITY OF Fischer Scientific and Roosevelt Park sites, DUBUQUE, IOWA: work on the future Humane Society site, and to That the proposed plans, specifications, maintain the present North Grandview Avenue form of contract and estimated cost for the site in its present form. Seconded by Braig. Traffic Signal Mastarm Retrofit Project, Central Mayor Pro-Tem Connors allowed limited citi- thth Avenue at 5 and 7 Streets, in the estimated zen input. Nancy Stecklein, 2360 Clarke Crest amount $201,767.50, are hereby approved. Drive, spoke in support of keeping the pet park st Passed, adopted and approved this 21 open. Peggy Stover, 1145 Locust Street, day of September, 2009. spoke in favor of the additional sites and pre- Joyce E. Connors, Mayor Pro-Tem sented a petition in support of keeping the pet Attest: Jeanne F. Schneider, CMC, City Clerk park open. Leisure Services Manager Gil Spence stated that user fees have not been Salt Dome Conveyor Project: Proof of pub-considered but could be if directed by the City lication on notice of public hearing to consider Council. Motion carried 5-1 with Voetberg vot- the plans, specifications, form of contract and ing nay. estimated cost for the Salt Dome Conveyor Project and City Manager recommending ap-Advertisement for Sale of Bonds: City proval. Motion by Lynch to receive and file the Manager recommending approval of the ad- documents and adopt Resolution No. 370-09 vertisement for the sale of Bond Series 2009A, Approving plans, specifications, form of con-2009B and 2009C, approval of the electronic tract, and estimated cost for the Salt Dome bidding procedures and the form of notice of Conveyor Project. Seconded by Braig. Public sale, and authorize a preliminary official Works Director Don Vogt provided an explanation statement to be completed and distributed in of the need for this project. Motion carried 6-0. connection with the offering of the bonds for sale. Motion by Lynch to receive and file the RESOLUTION NO. 370-09 documents and adopt Resolution No. 371-09 APPROVAL OF PLANS, SPECIFICATIONS, Directing the advertisement for sale of FORM OF CONTRACT, AND ESTIMATED $2,935,000 General Obligation Bonds, Series COST FOR THE SALT DOME CONVEYOR 2009A, $11,175,000 General Obligation Urban PROJECT Renewal Bonds, Series 2009B and $9,500,000 NOW THEREFORE, BE IT RESOLVED General Obligation Refunding Bonds, Series BY THE CITY COUNCIL OF THE CITY OF 2009C, and approving electronic bidding proce- DUBUQUE, IOWA: dures. Seconded by Braig. Motion carried 6-0. 338 Regular Session, September 21, 2009 Book 139 RESOLUTION NO. 371-09 sewer, sidewalk, trail and other public infra- DIRECTING THE ADVERTISEMENT FOR structure improvements within Dubuque Indus- SALE OF $2,935,000 GENERAL OBLIGA- trial Center West, and it is deemed necessary TION BONDS, SERIES 2009A, $11,175,000 and advisable that the City issue general obli- GENERAL OBLIGATION URBAN RENEWAL gation urban renewal bonds for said purpose BONDS, SERIES 2009B AND $9,500,000 to the amount of not to exceed $13,500,000 as GENERAL OBLIGATION REFUNDING authorized by Sections 403.12 and BONDS, SERIES 2009C, AND APPROVING 384.24(3)(q) of the Code of Iowa; and ELECTRONIC BIDDING PROCEDURES WHEREAS, pursuant to notice published WHEREAS, the City of Dubuque, Iowa (the as required by Sections 403.12 and "City") is in need of funds to pay costs of the 384.24(3)(q) this Council has held a public acquisition of sewer pipeline inspection meeting and hearing upon the proposal to in- equipment; the inspection and certification of stitute proceedings for the issuance of the the flood control levee system; the construc-above described Bonds, and no petitions were tion and installation of storm water manage-filed calling for an election thereon and all ob- ment facilities, including the Bee Branch Creek jections, if any, to such Council action made by Restoration Project, and the reconstruction of any resident or property owner of said City storm sewers; the acquisition and replacement were received and considered by the Council; of street lights; the acquisition and installation and it is the decision of the Council that addi- of fiber optic conduit in connection with street tional action be taken for the issuance of said improvements and watermain extensions; the Bonds, and that such action is considered to repair and improvement of the Dubuque Re-be in the best interests of said City and the gional Airport, including hanger heater and residents thereof; and terminal boiler replacements, runway and han-WHEREAS, the City also is in need of ger painting, hanger repairs and replacements funds to pay costs of refunding and refinanc- and parking area paving; the acquisition and ing of certain City indebtedness, including the replacement of Fire Department ladder and General Obligation Bonds, Series 2001, dated pumper trucks and ambulances; and water December 15, 2001, and the General Obliga- utility improvements including the construction tion Bonds, Series 2002, dated December 15, and installation of watermain extensions, ADA 2001, an essential corporate purpose project, improvements, back-up power supply and wa-and it is deemed necessary and advisable that ter consumption studies and engineering, es-the City issue general obligation bonds for said sential corporate purpose projects, and it is purpose in the amount of not to exceed deemed necessary and advisable that the City $9,500,000 as authorized by Section 384.25 of issue general obligation bonds for said pur-the City Code of Iowa; and pose in the amount of not to exceed WHEREAS, pursuant to notice published $3,000,000 as authorized by Section 384.25 of as required by Section 384.25 this Council has the City Code of Iowa; and held a public meeting and hearing upon the WHEREAS, pursuant to notice published proposal to institute proceedings for the is- as required by Section 384.25 this Council has suance of the above described Bonds, and all held a public meeting and hearing upon the objections, if any, to such Council action made proposal to institute proceedings for the is-by any resident or property owner of said City suance of the above described Bonds, and all were received and considered by the Council; objections, if any, to such Council action made and it is the decision of the Council that addi- by any resident or property owner of said City tional action be taken for the issuance of said were received and considered by the Council; Bonds, and that such action is considered to and it is the decision of the Council that addi-be in the best interests of said City and the tional action be taken for the issuance of said residents thereof; and Bonds, and that such action is considered to WHEREAS, pursuant to Section 384.28 of be in the best interests of said City and the the Code of Iowa, it is appropriate to offer the residents thereof; and foregoing Bonds for sale in three separate WHEREAS, the City also is in need of series, in the aggregate principal amounts as funds to pay costs of aiding in the planning, hereinafter described; and undertaking and carrying out of urban renewal WHEREAS, a preliminary form of Official project activities under the authority of Chapter Statement has been prepared for the purpose 403 of the Code of Iowa and the Amended and of offering the Bonds for sale to the public; and Restated Urban Renewal Plans for the Greater WHEREAS, it is appropriate that the form Downtown Urban Renewal District and the of the preliminary Official Statement be ap- Dubuque Industrial Center West Economic proved and deemed final and, upon comple- Development District, including those costs tion of the same, that the preliminary Official associated with the construction of a multi-Statement be used in connection with the of- story public parking ramp located at 5th and fering of the Bonds for sale to the public; and Bluff Streets, and the construction of street, Book 139 Regular Session, September 21, 2009 339 WHEREAS, the Council has received in-inadvertently left out of the most recent Code formation from its Financial Consultant re-of Ordinances update from Sterling Codifier. commending that sealed and electronic facsi-Motion by Braig to receive and file the doc- mile and internet bidding be authorized for the uments and that the requirement that a pro- sale of the Bonds, and that such procedures posed ordinance be considered and voted on will maintain the integrity and security of the for passage at two Council meetings prior to competitive bidding process and facilitate the the meeting at which it is to be passed be sus- delivery of bids by interested parties; and pended. Seconded by Jones. Motion carried 6-0. WHEREAS, the Council deems it in the Motion by Braig for final consideration and best interests of the City and the residents passage of Ordinance No. 48-09 Amending thereof to receive bids to purchase such the City of Dubuque Code of Ordinances by Bonds by means of sealed and electronic fac-adopting Article 7, Chapter 7 related to the simile and internet communication. registration, rules, and regulations for opera- NOW, THEREFORE, BE IT RESOLVED tion of bicycles within the City of Dubuque. BY THE CITY COUNCIL OF THE CITY OF Seconded by Jones. Motion carried 6-0. DUBUQUE, IOWA: OFFICIAL PUBLICATION Section 1. That the receipt of electronic ORDINANCE NO. 48-09 bids by facsimile machine and through the © AMENDING THE CITY OF DUBUQUE CODE PARITY competitive bidding system de- OF ORDINANCES BY ADOPTING ARTICLE scribed in the Notice of Sale are hereby found 7, CHAPTER 7 RELATED TO THE REGIS- and determined to provide reasonable security TRATION, RULES, AND REGULATIONS and to maintain the integrity of the competitive FOR OPERATION OF BICYCLES WITHIN bidding process, and to facilitate the delivery of THE CITY OF DUBUQUE bids by interested parties in connection with the offering of the Bonds hereinafter described NOW, THEREFORE, BE IT ORDAINED BY at public sale. THE CITY COUNCIL OF THE CITY OF DU- Section 2. That the preliminary Official BUQUE, IOWA: Statement in the form presented to this meet-Section 1. The City of Dubuque Code of ing be and the same hereby is approved as to Ordinances is amended to read as follows: form and deemed final for purposes of Rule Chapter 7 15c2-12 of the Securities and Exchange BICYCLES Commission, subject to such revisions, correc-Sec. 7-7-1 Intent and Purpose tions or modifications as the Finance Director, Secs. 7-7-2 – 7-7-4 Reserved upon the advice of bond counsel and the City's Sec. 7-7-5 Definitions financial consultant, shall determine to be ap-Sec. 7-7-6 Equipment propriate, and is authorized to be distributed Sec. 7-7-7 Required Method of Riding a thereafter in connection with the offering of the Bicycle Bonds for sale. Sec. 7-7-8 Clinging to Vehicles Section 3. That the City Clerk be and is he-Sec. 7-7-9 Following Fire Apparatus reby authorized and directed to publish notice Sec. 7-7-10 Bicycle Parking of sale of said Bonds at least once, the last Sec. 7-7-11 Bicycle to be Driven to the one of which shall be not less than four clear Right days nor more than twenty days before the Sec. 7-7-12 Bicycle Turn Signals date of the sale. Publication shall be made in Sec. 7-7-13 Left Turns by Bicycles the Telegraph Herald, a legal newspaper, Sec. 7-7-14 Passing on Right printed wholly in the English language, pub-Sec. 7-7-15 Passing Within Lane Prohi- lished within the county in which the Bonds are bited to be offered for sale or an adjacent county. Sec. 7-7-16 Bicycle Not To Pass In or Said notice is given pursuant to Chapter 75 of Between Lanes the Code of Iowa, and shall state that this Sec. 7-7-17 Riding Abreast Council, on the 5th day of October, 2009, at Sec. 7-7-18 Bicycle in Crosswalk 6:30 o'clock P.M., will hold a meeting to re-Sec. 7-7-19 Abandoned, Unlicensed, ceive and act upon bids for said Bonds; said and Unattended Bicycles notice to be in substantially the [provided] Sec. 7-7-20 Reckless Operator of a Bi- form: cycle st Passed and approved this 21 day of Sep-Secs. 7-7-21 – 7-7-29 Reserved tember, 2009. Sec. 7-7-30 Registration Required Joyce E. Connors, Mayor Pro-Tem Sec. 7-7-31 Registration Fees Attest: Jeanne F. Schneider, CMC, City Clerk Sec. 7-7-32 Bicycle Records Sec. 7-7-33 Registration Sticker or Decal Bicycle Ordinance Provisions: City Manag-Sec. 7-7-34 Replacement of Registration er recommending approval of an ordinance Sticker or Decal related to the regulation of bicycles which was 340 Regular Session, September 21, 2009 Book 139 Sec. 7-7-35 Altering, Counterfeiting of sion may be used in lieu of a rear light. Other Registration Sticker or Decal lamps are permissible if no red light is directed Prohibited towards the front, nor white light to the rear. Sec. 7-7-36 Rental Agencies (b) The use of sirens or whistles on a bi- Sec. 7-7-37 Bicycle Dealers and Repair cycle is prohibited. Shops (c) No person shall drive a bicycle unless Sec. 7-7-38 Violation it is equipped with a functional brake. Un- Sec. 7-7-39 Reserved icycles are exempt from the brake require- ARTICLE I. IN GENERAL ment. 7-7-1. Intent and Purpose. (d) A person propelling a bicycle on the The City finds and declares that the regula-streets of the City shall not ride other than tion of the use of bicycles and the licensing of upon or astride a permanent and regular seat bicycles is in the public interest for the follow-attached to the bicycle. ing reasons: (e) Each bicycle driven along the streets (1) To provide for the registration of all of the City shall have such other equipment, bicycles owned by residents; and the equipment shall be in such condition, (2) To facilitate the identification and lo-as will allow it to be operated safely. cation of bicycles reported stolen or 7-7-7. Required Method of Riding a Bi- missing; cycle. (3) To assist the Police Department in its (a) No bicycle shall be used by either the efforts to prevent the theft of bicycles; driver or any passenger to carry more passen- (4) To establish safety equipment re-gers than the number for which it is designed quirements for the operators of bi-or equipped. cycles; and, (b) An adult riding a bicycle may carry a (5) To establish regulations governing child securely attached to the person in a the operation of bicycles on streets, backpack or sling. bike lanes, and sidewalks of the City. (c) Every person driving a bicycle shall 7-7-2 – 7-7-4. Reserved. keep at least one (1) hand on the handlebars ARTICLE II. OPERATING BICYCLES at all times and shall not carry any package, 7-7-5. Definitions. bundle, or article that obstructs the driver's As used in this Chapter, the following vision or prevents the use of both hands in the words shall have the following definitions: control and operation of the bicycle. Bicycle shall mean a device as de-(d) Every person riding a bicycle upon a fined in Section 9-1-321-1 of this Code. street shall have all of the rights and duties Bicycle path shall mean a separate applicable to the driver of a vehicle except as path that has been designated for use modified by this Chapter. by bicycles by a traffic-control device 7-7-8. Clinging to Vehicles. or other sign and that is separated No bicyclist shall attach the bicycle or him- from the street for other vehicular traf-self to any vehicle upon a roadway, sidewalk, fic by open space or a barrier. or bike path. This Section shall not prohibit Bicyclist shall mean a person operat-attaching a trailer or semi-trailer to a bicycle if ing or in actual physical control of a that trailer or semi-trailer is designed for such bicycle, including a person on foot attachment. walking a bicycle. 7-7-9. Following Fire Apparatus. Frame number shall mean a unique No person riding a bicycle shall follow any identifying number permanently fire apparatus traveling in response to a fire stamped or cast on the frame of a bi-alarm closer than five hundred feet (500') or cycle. drive into or park such bicycle within the block 7-7-6. Equipment. where fire apparatus has stopped in response (a) Each bicycle, when in use on the to a fire alarm or other emergency. streets of the City at any time from sunset to 7-7-10. Bicycle Parking. sunrise, and at such other times when condi-(a) No person shall park a bicycle be- tions such as fog, snow, sleet, or rain provide tween the curb lines in such a way as to: insufficient lighting to render clearly discerna-(1) Cause an obstruction to or impede ble persons and vehicles at a distance of five the flow of traffic or of pedestrians on hundred feet (500') ahead, shall be equipped public or private sidewalks; with a lamp on the front exhibiting a white light (2) Hinder or restrict access to handrails visible from at least three hundred feet (300') or ramps; to the front and with a lamp on the rear exhibit-(3) Lock the bicycle to a tree or fire hy- ing a red light visible from a distance of three drant; hundred feet (300') to the rear; except that a (4) Park on a street except in an area red reflector of a type approved by the United designated for bicycle parking; or, States Consumer Products Safety Commis- Book 139 Regular Session, September 21, 2009 341 (5) Leave the bicycle locked to a pole or 7-7-14. Passing on Right. post owned by the City for more than In addition to the permissible passing on twelve (12) consecutive hours. the right specified in the Code of Iowa, the (b) Persons stopping or parking bicycles following overtaking and passing is permitted if shall obey all the provisions of law regulating completed in safety on unobstructed paved those activities on streets, but are exempt from streets of sufficient width, and the overtaking other parking provisions unless specifically vehicle is not stopped or slowed for a pede- mentioned. strian: 7-7-11. Bicycle to be Driven to the Right. (1) The overtaking vehicle is a bicycle in (a) Every person driving a bicycle shall a bike lane. ride in the right-hand through lane of the road-(2) The overtaking vehicle is a bicycle way except under any of the following condi-that is traveling to the right of vehicles tions: stopped or moving in the right hand (1) When driving a bicycle in a bicycle lane of travel, but the bicycle may not lane; pass the first vehicle stopped at an in- (2) When preparing for a left turn; tersection unless the bicycle is pre- (3) When reasonably necessary for safe-paring to turn right and the vehicle is ty; not signaling a right turn, nor may the (4) When overtaking and passing on the bicycle pass a moving vehicle that is left of another vehicle; signaling a right turn, nor may the bi- (5) When on a one-way street, driving in cycle pass vehicles within an inter- the left through lane; or section except a vehicle signaling a (6) When driving on a sidewalk as per-left turn. mitted by Section 7-7-18. 7-7-15. Passing Within Lane Prohibited. (b) If any person drives a bicycle so slow Subject to special rules applicable to bi- as to impede or block the normal and legal cycles and rules permitting passing on the forward movement of traffic proceeding imme-right, no driver of any bicycle shall pass anoth- diately behind such vehicle, then such person er vehicle other than a bicycle within the same shall drive within the right four feet (4') of the lane. But any bicycle may pass to the left of a street until such impeded traffic has passed bicycle within the same lane if it is done in by, except when reasonably necessary for safety, and if the overtaking bicycle does not safety. A person driving on a one-way street come within three feet (3') of the bicycle. may satisfy this requirement by driving in the 7-7-16. Bicycle Not To Pass In or Between left-hand four feet (4') of the street. Lanes. (c) A bicycle may be driven on a paved Except as otherwise provided in this Chap- shoulder if such driving does not violate any ter, the driver of a bicycle shall not overtake or section of law for passing or direction of traffic. pass in the same lane occupied by a four (4) 7-7-12. Bicycle Turn Signals. or more wheeled vehicle being overtaken, nor The driver of a bicycle is exempted from shall any person overtake a bicycle between giving the hand and arm signal continuously if lanes of traffic or between adjacent lines or the hand is needed in the control or operation rows of vehicles. of the bicycle, but it shall be given for a sub-7-7-17. Riding Abreast. stantial period while stopped waiting to turn. Bicyclists on a street or a bicycle path shall The driver of a bicycle may signal a right turn not ride more than two (2) abreast. Bicyclists by extending the right hand and arm horizon-operating bicycles two (2) abreast on a laned tally. street shall do so within a single lane. Bicycl- 7-7-13. Left Turns by Bicycles. ists operating vehicles two (2) abreast on a (a) The driver of a bicycle turning left in street should not impede the normal and rea- accordance with law may approach the turn sonable movement of traffic. anywhere within any separate left turn lane 7-7-18. Bicycle in Crosswalk. and may finish the turn by moving to the right (a) A person driving a bicycle upon a si- lane as soon as it can be done in safety. dewalk or in a crosswalk shall yield the right- (b) In addition to any other method speci-of-way to any pedestrian and shall give an fied by law, the driver of a bicycle may make a audible signal before overtaking and passing left turn by crossing the intersection as close any pedestrian. as practicable to the right hand curb line to the (b) A person shall not drive a bicycle far curb and then turning left to proceed in the upon a sidewalk or in a crosswalk in those proper position on the other roadway. A per-areas of the City where there is pedestrian son making a left turn under the provisions of congestion or at times in other areas of the this Subsection may do so only after comply-City where there is pedestrian congestion. In ing with all the obligations of drivers of vehicles such event, a bicyclist shall walk the bicycle if approaching in the new direction on the other there is no street upon which a bicycle may be roadway. driven with safety. 342 Regular Session, September 21, 2009 Book 139 (c) Persons driving bicycles across a ble grounds to believe that the applicant is not street and along a crosswalk from a sidewalk the owner of or entitled to the possession of or bike path have all the duties applicable to the bicycle. pedestrians under the same circumstances (e) Exempt from the registration require- and similarly have such rights, but only when ments of this Chapter are bicycles in the pos- the approach and entry into the street are session of bicycle dealers and available for made at a speed no greater than an ordinary sale to others and bicycles owned and operat- walk so that other drivers may anticipate the ed by nonresidents of the City in competitive necessity to yield when required. events or demonstrations conducted within the 7-7-19. Abandoned, Unlicensed, and Unat-City. tended Bicycles. 7-7-31. Registration Fees. (a) Every bicycle left at any place for (a) For registrations on or after March 1, such times and under such circumstances as 2003, the fee for a bicycle registration shall be to cause the bicycle to reasonably appear to five dollars ($5.00). The license shall be valid be abandoned or parked in such manner as to for the length of time the bicycle is owned by cause an immediate safety hazard, or an ob-the person to whom the license is issued. struction to entry or exit of a building area con-(b) Bicycle registration fees shall not be stitutes a public nuisance. If the person in pos-prorated, refundable, or transferred. session of the bicycle is not present or is un-7-7-32. Bicycle Records. willing or unable to provide for its immediate The Police Department shall keep a record removal, a police officer may remove and im-of the number of each registration, the date pound the bicycle. issued, the name and address of the person to (b) Whenever any bicycle is found unli-whom issued, and the number of the frame of censed by a police officer and there is no per-the bicycle for which issued. son in attendance upon the parked bicycle, the 7-7-33. Registration Sticker or Decal. police officer is authorized to impound the bi-(a) The Chief of Police shall prescribe a cycle. form of sticker or decal bearing the registration (c) Before the owner or person entitled to number to be attached to the bicycle. The possession of any legally impounded bicycle Chief of Police or Chief of Police's designee shall be permitted to remove it from the custo-may also prescribe an identifying marking to dy of the bicycle pound or other authorized be stamped into the frame of the bicycle if the location, such person shall furnish evidence of bicycle does not have a unique number identity and ownership of the bicycle and evi-stamped by the manufacturer. dence of a validly issued bicycle license to be (b) The owner of a bicycle shall firmly at- placed on the bicycle if no such license is tach the sticker or decal to the frame of the permanently affixed to the bicycle. bicycle for which issued. 7-7-20. Reckless Operator of a Bicycle. (c) No person shall remove a license No bicyclist shall operate a bicycle reck-sticker or decal from a bicycle except upon lessly or at a speed faster than is reasonably transfer of ownership as provided herein or proper or in a manner so as to endanger the when the bicycle is dismantled and no longer life, limb, or property of the bicyclist or of any operated upon any street in this City. other person. 7-7-34. Replacement of Registration Stick- 7-7-21 – 7-7-29. Reserved. er or Decal. ARTICLE III. REGISTRATION In the event of loss or destruction of the 7-7-30. Registration Required. original registration sticker or decal, the owner (a) Every bicycle owned or ridden within of the bicycle may secure a replacement upon this City shall be registered pursuant to the the payment of a fee established by the City provisions of this Article within ten (10) days of Manager. the date the bicycle is acquired or the residen-7-7-35. Altering, Counterfeiting of Registra- cy of the owner is established. tion Sticker or Decal Prohibited. (b) Registration of bicycles shall be made It shall be unlawful for any person to alter or at the City Clerk’s Office and at such other counterfeit any registration sticker or decal places and times as the Police Chief may de-issued in conformity with this Article. termine to be in the best interest of the public. 7-7-36. Rental Agencies. (c) No bicycle shall be registered unless A rental agency shall not rent or offer to it displays a frame number. No person en-rent any bicycle unless: gaged in the business of selling new or used (1) The bicycle is registered; bicycles at retail within this City shall buy or (2) A registration sticker or decal is at- sell any new or used bicycle unless such bi-tached to the frame of the bicycle; cycle has a frame number. and, (d) The City Clerk's Office and the Police (3) The bicycle is equipped with the Department shall not issue a license for any lamps and other equipment required bicycle when it is known or there are reasona-by state law or this Chapter. Book 139 Regular Session, September 21, 2009 343 7-7-37. Bicycle Dealers and Repair Shops. Upon receipt by any dealer or repair shop of a bicycle or portion thereof which includes the frame, if the frame number or any portion of it has been removed, tampered with, or in any manner made illegible, the dealer or repair shop shall make an immediate report to the Police Department. 7-7-38. Violation. A violation of the provisions of this Chapter is a scheduled violation in accordance with Section 805.8A of the Code of Iowa. If a fine is not listed under Iowa Code Section 805.8A the scheduled fine shall be fifteen dollars ($15.00). 7-7-39. Reserved. Section 2. This Ordinance shall take effect on publication. st Passed, approved and adopted the 21 day of September, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 25 day of September, 2009. Jeanne F. Schneider, CMC, City Clerk National League of Cities: Communication from the National League of Cities requesting the designation of a voting delegate and alter- nate for the upcoming NLC Conference. Mo- tion by Lynch to receive and file the docu- ments with consensus designating Mayor Buol and Council Member Voetberg as voting dele- gates and Council Members Connors and Lynch as alternates. Seconded by Braig. Mo- tion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the defini- tion of a bicycle from the Iowa State Code, which the City complies with. Connors acknowledged the positive com- munity leadership and good local/national press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Veteran’s Memorial on Chap- lain Schmitt Island on November 11. There being no further business, upon mo- tion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 344 Special Session, September 23, 2009 Book 139 CITY OF DUBUQUE, IOWA BUQUE COMMUNITY ICE & RECREATION- AL CENTER, INC. CITY COUNCIL Whereas, the City of Dubuque, Iowa (City) is OFFICIAL the owner of the following described real estate PROCEEDINGS (the Property): A part of Mineral Lots 298 and 299 in Fractional Section 19, T89N, R3E, 5th P.M., in the City of Dubuque, Iowa, containing 6.63 acres, The Dubuque City Council met in special more or less, subject to easements of record and session at 5:00 p.m. on September 23, 2009 in not of record; and Conference Room A at City Hall. Whereas, Dubuque Community Ice & Recrea- tional Center, Inc. (DICE), an Iowa Corporation, Present: Mayor Pro-Tem Jones, Council desires to lease a part of the Property shown on Members Braig, Lynch, Resnick, Voetberg, Exhibit A-1 attached hereto for the construction City Manager Van Milligen, City Attorney Lin- and operation of an ice arena (the Arena) as de- dahl scribed in a Development Agreement and Lease Agreement now on file at the office of the City Absent: Mayor Buol, Council Member Clerk, 50 West 13th Street, Dubuque, Iowa; and Connors Whereas, Dubuque Racing Association, LTD (DRA) has agreed to enter into the Development Mayor Pro-Tem Jones read the call and Agreement and contribute to the funds required by stated this is a special session of the City DICE for the construction of the Arena; and Council to act upon such business that may Whereas, Battlefield Dubuque, LLC (Battle- properly come before the City Council. field), a Minnesota limited liability company, has agreed to entered into the Development Agree- Dubuque Ice and Recreation Center, Inc. ment and contribute to the funds required by DICE (DICE) – Development Agreement and Lease for the construction of the Arena and to enter in an Agreement: City Manager recommending that agreement with DICE for the use of the arena. a public hearing be set for October 5, 2009 to Whereas, the City Council of the City of Dubu- consider a Development Agreement between que has found that the development of the Proper- the City of Dubuque, Dubuque Ice and ty pursuant to the Development Agreement and Recreation Center, Inc., Dubuque Racing As- Lease Agreement, and the fulfillment generally of sociation, Ltd., and Battlefield Dubuque, LLC the Development Agreement and Lease Agree- and a Lease Agreement between the City of ment, are in the vital and best interests of City and Dubuque and Dubuque Ice and Recreation in accord with the public purposes and provisions Center, Inc. of the applicable federal, state and local. City Manager recommending approval of Whereas, the City Council has tentatively an amendment to the SMG Management determined that it would be in the best interests of Agreement for the Five Flags Center which the City to approve the Development Agreement would allow them to compete for the same and enter into the Lease Agreement. type of events that can be held at the Grand NOW, THEREFORE, BE IT RESOLVED BY River Center. THE CITY COUNCIL OF THE CITY OF Motion by Braig to receive and file the doc- DUBUQUE, IOWA: uments and adopt Resolution No. 372-09 Section 1. The City of Dubuque intends to Resolution of intent to dispose of an interest in dispose of its interest in the Property pursuant to real property by Development Agreement be- the Development Agreement and Lease tween and among Dubuque Ice and Agreement. Recreation Center, Inc., Dubuque Racing As- Section 2. The City Clerk is hereby authorized sociation, and Battlefield Dubuque, LLC and and directed to cause this Resolution and a notice Lease Agreement with Dubuque Community Ice to be published as prescribed by Iowa Code Sec- and Recreation Center, Inc.; setting a public hear- tion 364.7 of a public hearing on the City's intent to ing for a meeting to commence at 6:30 p.m. on dispose of the foregoing-described real property, October 5, 2009 in the Historic Federal Building. to be held on the 5th day of October, 2009, at 6:30 Seconded by Resnick. Motion carried 5-0. o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. RESOLUTION NO. 372-09 Passed, approved and adopted this 23rd day RESOLUTION OF INTENT TO DISPOSE OF of September, 2009. AN INTEREST IN REAL PROPERTY BY DE- Ric W. Jones, Mayor Pro-Tem VELOPMENT AGREEMENT BETWEEN AND Attest: Jeanne F. Schneider, City Clerk AMONG DUBUQUE ICE & RECREATION Continued () CENTER, INC., DUBUQUE RACING ASSO- CIATION, AND BATTLEFIELD DUBUQUE, LLC AND LEASE AGREEMENT WITH DU- Book 139 Special Session September 23, 2009 345 346 Special Session, October 5, 2009 Book 139 CITY OF DUBUQUE, IOWA (September 23, 2009, continued) Port of Dubuque Parking Ramp Concrete CITY COUNCIL Crack Repair Project (Tabled on September OFFICIAL 21, 2009): City Manager recommending award PROCEEDINGS of the public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project. The Dubuque City Council met in special Motion by Voetberg to remove from the ta- session at 5:00 p.m. on October 5, 2009 in the ble. Seconded by Lynch. Motion carried 5-0. Historic Federal Building. Motion by Voetberg to re-table a proposed resolution awarding the public improvement Present: Mayor Buol, Council Members contract for the Port of Dubuque Parking Braig, Connors, Jones, Lynch, Resnick, Voet- Ramp Concrete Crack Repair Project to a berg; City Manager Van Milligen, City Attorney meeting to commence at 6:30 p.m. on October Lindahl 5, 2009 in the Historic Federal Building. Seconded by Lynch. Motion carried 5-0. Mayor Buol read the call and stated this is a special session of the City Council to discuss There being no further business, upon mo- the new parking ramp design. tion the City Council adjourned at 5:07 p.m. City Manager Van Milligen provided the /s/Jeanne F. Schneider, CMC background of the project and the recommen- City Clerk dation of the historic design. Economic Development Director Dave Heiar introduced the project consultants and architects Ken Johnson and Jeff Henriksen of Desman & Associates and Marty Johnson of Straka Johnson Architects. Marty Johnson presented a slide show of the project’s demographics, site plans, eleva- tions and design concepts. He and Mr. Henrik- sen responded to questions by City Council Members regarding design details, construc- tion issues, traffic control, amenities, access, and costs. Following discussion, City Council reached a 5-2 consensus on historic design concept C with Voetberg and Resnick voting nay. There being no further business, upon mo- tion the City Council adjourned at 5:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 139 Regular Session, October 5, 2009 347 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Mark Hoppmann II for vehicle damage; Tim O’Mara for vehicle CITY COUNCIL damage. Upon motion the documents were OFFICIAL received and filed and referred to the City At- PROCEEDINGS torney. City Attorney advising that the following The Dubuque City Council met in regular claims have been referred to Public Entity Risk session at 6:30 p.m. on October 5, 2009 in the Services of Iowa, the agent for the Iowa Com- Historic Federal Building. munities Assurance Pool: Progressive Classic Insurance for vehicle damage; Joe Frederick Present: Mayor Buol, Council Members for vehicle damage; Barbara Frandsen for per- Braig, Connors, Jones, Lynch, Resnick, Voet- sonal injury; Tim O’Mara for vehicle damage; berg, City Manager Van Milligen, City Attorney Mark Hoppmann for vehicle damage. Upon Lindahl motion the documents were received and filed and concurred. Mayor Buol read the call and stated this is a regular session of the City Council to act Project HOPE: Communication from Alys- upon such business that may properly come sa Hauser, Project HOPE Coordinator, regard- before the City Council. ing youth employment opportunities. Upon motion the document was received and filed. Pledge of Allegiance Traffic Signal Mastarm Retrofit Project, Invocation was provided by Reverend th Central Avenue at 5 and 7th Streets: City Thomas Young of Westminster Presbyterian Manager recommending award of the contract Church. for the Traffic Signal Mastarm Retrofit Project, thth Central Avenue at 5 and 7 Streets to A&G PROCLAMATIONS Electric in the amount of $140,735.88. Upon motion the documents were received and filed Save for Retirement Week (October 18 – and Resolution No. 373-09 Awarding public 24, 2009) was accepted by Personnel Manag- improvement contract for the Traffic Signal er Randy Peck; Make a Will Month (October th Mastarm Retrofit Project, Central Avenue at 5 2009) was accepted by Operation New View th and 7 Streets was adopted. Director Tom Stovall, 1473 Central Avenue, and Library Director Susan Henricks; Nie- RESOLUTION NO. 373-09 mann-Pick Disease Awareness Month (Octo- AWARDING PUBLIC IMPROVEMENT CON- ber 2009) was accepted by Jenn Richardson, TRACT FOR THE TRAFFIC SIGNAL MAS- 1610 Catherine Street; Trick-or-Treat Night TARM RETROFIT PROJECT, CENTRAL (October 31, 2009) was accepted by Mayor THTH AVENUE AT 5 AND 7 STREETS Roy D. Buol; and Dubuque Bank & Trust Ap- Whereas, sealed proposals have been preciation was accepted by Dubuque Bank & submitted by contractors for the Traffic Signal Trust President Doug Horstmann, 1398 Cen- th Mastarm Retrofit Project, Central Avenue at 5 tral Avenue th and 7 Streets (the Project) pursuant to Reso- lution No. 332-09 and Notice to Bidders pub- CONSENT ITEMS lished in a newspaper published in the City of th Dubuque, Iowa, on the 11 day of September, Motion by Lynch to receive and file the 2009. documents, adopt the resolutions, and dispose Whereas, said sealed proposals were of as indicated. Seconded by Braig. Motion th opened and read on the 24 day of Septem- carried 7-0. ber, 2009 and it has been determined that A&G Electric of Dubuque, Iowa, with a bid in Minutes and Reports Submitted: Airport the amount of $140,735.88, is the lowest res- Commission of 8/24; City Council of 9/17, ponsive, responsible bidder for the Project. 9/21, and 9/23; Historic Preservation Commis- NOW THEREFORE, BE IT RESOLVED sion of 9/17; Housing Code Appeals Board of BY THE CITY COUNCIL OF THE CITY OF 7/21; Library Board of Trustees of 7/23; Long DUBUQUE, IOWA: Range Planning Advisory Commission of 9/16; That a Public Improvement Contract for the Transit Board of 9/10 Project is hereby awarded to A&G Electric and Proofs of publication of City Council Pro- the City Manager is hereby directed to execute ceedings of September 8 and 17, 2009 a Public Improvement Contract on behalf of Upon motion the documents were received the City of Dubuque for the Project. and filed. th Passed, approved and adopted this 5 day of October, 2009. 348 Regular Session, October 5, 2009 Book 139 2008 PROJECTAND AUTHORIZING THE Roy D. Buol, Mayor PAYMENT OF THE CONTRACT AMOUNT Attest: Jeanne F. Schneider, CMC, City Clerk TO THE CONTRACTOR Heeb Street Retaining Wall Reconstruction Whereas, the Public Improvement Contract Project: City Manager recommending award of for the Dubuque Industrial Center West – Cha- the contract for the Heeb Street Retaining Wall venelle Court 2008 Project (the Project) has Reconstruction Project to Drew Cook & Sons been completed and the City Engineer has Excavating, Inc., in the amount of $98,567.00. examined the work and filed a certificate stat- Upon motion the documents were received ing that the Project has been completed ac- and filed and Resolution No. 374-09 Awarding cording to the terms of the Public Improvement public improvement contract for the Heeb Contract and that the City Engineer recom- Street Retaining Wall Reconstruction Project mends that the Project be accepted. was adopted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 374-09 DUBUQUE, IOWA: AWARDING PUBLIC IMPROVEMENT CON- Section 1. The recommendation of the City TRACT FOR THE HEEB STREET RETAIN- Engineer is approved and the Project is hereby ING WALL RECONSTRUCTION PROJECT accepted. Whereas, sealed proposals have been Section 2. The Finance Director is hereby submitted by contractors for the Heeb Street directed to pay to the Contractor from the Re- Retaining Wall Reconstruction Project (the vitalize Iowa’s Sound Economy Program and Project) pursuant to Resolution No. 331-09 General Obligation Bonds – Chavenelle Street and Notice to Bidders published in a newspa-Extension Project appropriations for the con- per published in the City of Dubuque, Iowa, on tract amount of $639,822.45 less any retained th the 11 day of September, 2009. percentage provided for therein as provided in Whereas, said sealed proposals were Iowa Code chapter 573, and to pay such retai- th opened and read on the 24 day of Septem-nage only in accordance with the provisions of ber, 2009 and it has been determined that Iowa Code chapter 573. th Drew Cook & Sons Excavating, Inc., of Dubu-Passed, approved and adopted this 5 day que, Iowa, with a bid in the amount of of October, 2009. $98,567.00, is the lowest responsive, respon-Roy D. Buol, Mayor sible bidder for the Project. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED CITY ENGINEER’S CERTIFICATE OF FINAL BY THE CITY COUNCIL OF THE CITY OF COMPLETION OF THE DUBUQUE INDUS- DUBUQUE, IOWA: TRIAL CENTER WEST – CHAVENELLE That a Public Improvement Contract for the COURT 2008 PROJECT Project is hereby awarded to Drew Cook & Sons Excavating, Inc., and the City Manager is The undersigned City Engineer of the City hereby directed to execute a Public Improve-of Dubuque, Iowa, hereby certifies that he has ment Contract on behalf of the City of Dubu-inspected the Dubuque Industrial Center West que for the Project. – Chavenelle Court 2008 Project, that the th Passed, approved and adopted this 5 day Project has been performed in compliance with of October, 2009. the terms of the Public Improvement Contract, Roy D. Buol, Mayor and that the total cost of the completed work is Attest: Jeanne F. Schneider, CMC, City Clerk $727,040.70. th Dated this 25 day of September, 2009. Dubuque Industrial Center West – Chave-Gus Psihoyos, City Engineer th nelle Court 2008 Project: City Manager re-Filed in the office of the City Clerk on the 25 commending acceptance of the construction day of September, 2009. contract for the Dubuque Industrial Center Jeanne F. Schneider, CMC, City Clerk West – Chavenelle Court 2008 Project as completed by Horsfield Construction, Inc., in University Avenue Extension Project: City the final contract amount of $639,822.45. Manager recommending acceptance of the Upon motion the documents were received construction contract for the University Avenue and filed and Resolution No. 375-09 Accepting Extension Project as completed by Horsfield the Dubuque Industrial Center West – Chave-Construction, Inc., in the final contract amount nelle Court 2008 Project and authorizing pay-of $890,833.71. Upon motion the documents ment of the contract amount to the contractor were received and filed and Resolution No. was adopted. 376-09 Accepting the University Avenue Ex- tension Project and authorizing payment of the RESOLUTION NO. 375-09 contract amount to the contractor was ACCEPTING THE DUBUQUE INDUSTRIAL adopted. CENTER WEST – CHAVENELLE COURT Book 139 Regular Session, October 5, 2009 349 RESOLUTION NO. 376-09 stallation Project as completed by Skyline ACCEPTING THE UNIVERSITY AVENUE Trucking & Storage Construction, Inc., in the EXTENSION – PHASE II, PCC PAVEMENT final contract amount of $19,096.04. Upon PROJECT (IOWA DOT NO. STP-U-2100 motion the documents were received and filed (635)--70-31) AND AUTHORIZING THE and Resolution No. 377-09 Accepting the 2009 PAYMENT OF THE CONTRACT AMOUNT Community Development Block Grant (CDBG) TO THE CONTRACTOR Ramp Installation Project and authorizing Whereas, the Public Improvement Contract payment of the contract amount to the contrac- for the University Avenue Extension – Phase tor was adopted. II, PCC Pavement Project (Iowa DOT No. RESOLUTION NO. 377-09 STP-U-2100 (635)--70-31) (the Project) has ACCEPTING THE 2009 CDBG ACCESS been completed and the City Engineer has RAMP INSTALLATION PROJECT AND AU- examined the work and filed a certificate stat- THORIZING THE PAYMENT OF THE CON- ing that the Project has been completed ac- TRACT AMOUNT TO THE CONTRACTOR cording to the terms of the Public Improvement Contract and that the City Engineer recom-Whereas, the Public Improvement Contract mends that the Project be accepted. for the 2009 CDBG Access Ramp Installation NOW THEREFORE, BE IT RESOLVED Project (the Project) has been completed and BY THE CITY COUNCIL OF THE CITY OF the City Engineer has examined the work and DUBUQUE, IOWA: filed a certificate stating that the Project has Section 1. The recommendation of the City been completed according to the terms of the Engineer is approved and the Project is hereby Public Improvement Contract and that the City accepted. Engineer recommends that the Project be ac- Section 2. The Finance Director is hereby cepted. directed to pay to the Contractor from the Uni-NOW THEREFORE, BE IT RESOLVED versity Avenue Extension to US 20 Capital BY THE CITY COUNCIL OF THE CITY OF Improvement Project (CIP 3001254), and Sur-DUBUQUE, IOWA: face Transportation Funds (STP) appropria-Section 1. The recommendation of the City tions for the contract amount of $890,883.71 Engineer is approved and the Project is hereby less any retained percentage provided for accepted. therein as provided in Iowa Code chapter 573, Section 2. The Finance Director is hereby and to pay such retainage only in accordance directed to pay to the Contractor from the with the provisions of Iowa Code chapter 573. Wheel Chair Ramps Capital Improvement th Passed, approved and adopted this 5 day Project appropriation for the contract amount of October, 2009. of $19,096.04 less any retained percentage Roy D. Buol, Mayor provided for therein as provided in Iowa Code Attest: Jeanne F. Schneider, CMC, City Clerk chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code CITY ENGINEER’S CERTIFICATE OF FINAL chapter 573. th COMPLETION OF THE UNIVERSITY AVE- Passed, approved and adopted this 5 day NUE EXTENSION – PHASE II, PCC PAVE- of October, 2009. MENT PROJECT (IOWA DOT NO. STP-U- Roy D. Buol, Mayor 2100 (635)--70-31) Attest: Jeanne F. Schneider, CMC, City Clerk The undersigned City Engineer of the City CITY ENGINEER’S CERTIFICATE OF FINAL of Dubuque, Iowa, hereby certifies that he has COMPLETION OF THE 2009 CDBG ACCESS inspected the University Avenue Extension – RAMP INSTALLATION PROJECT Phase II, PCC Pavement Project (Iowa DOT No. STP-U-2100 (635)--70-31), that the The undersigned City Engineer of the City Project has been performed in compliance with of Dubuque, Iowa, hereby certifies that he has the terms of the Public Improvement Contract, inspected the 2009 CDBG Access Ramp In- and that the total cost of the completed work is stallation Project, that the Project has been $1,193,060.63. performed in compliance with the terms of the th Dated this 25 day of September, 2009. Public Improvement Contract, and that the Gus Psihoyos, City Engineer total cost of the completed work is $21,960.45. thrd Filed in the office of the City Clerk on the 30 Dated this 23 day of September, 2009. day of September, 2009. Gus Psihoyos, City Engineer th Jeanne F. Schneider, CMC, City Clerk Filed in the office of the City Clerk on the 30 day of September, 2009. 2009 Community Development Block Jeanne F. Schneider, CMC, City Clerk Grant (CDBG) Ramp Installation Project: City Manager recommending acceptance of the Plat Approval – McEvoy and Curtis Streets: construction contract for the 2009 Community City Manager recommending approval of the Development Block Grant (CDBG) Ramp In-plats of Lots A and D of Bonson and Stewart’s 350 Regular Session, October 5, 2009 Book 139 Subdivision. Upon motion the documents were Section 2. That the City Clerk be and is he- received and filed and Resolution No. 378-09 reby authorized and directed to file said plat Approving Lot A of Bonson and Stewart’s and certified copy of this resolution in the office Subdivision and Resolution No. 379-09 Ap-of the Recorder in and for Dubuque County, proving Lot D of Bonson and Stewart’s Subdi-Iowa. th vision were adopted. Passed, approved and adopted this 5 day of October, 2009. RESOLUTION NO. 378-09 Roy D. Buol, Mayor APPROVING PLAT OF LOT A OF BONSON Attest: Jeanne F. Schneider, CMC, City Clerk & STEWART’S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Irrevocable License – Security Invest- Whereas, there has been presented to the ments, LLC, and the Grand Opera House: City City Council of the City of Dubuque, Iowa, a Manager recommending approval of the Irre- th plat dated the 20 day of May, 2009, prepared vocable Licenses for Security Investments, by the Iowa Department of Transportation, LLC, and the Grand Opera House to encroach describing Lot A of Bonson & Stewart’s Subdi-on the public alleyway between Main and thth vision in the City of Dubuque, Iowa; and Iowa, 8 and 9 Streets. Upon motion the Whereas, said plat conforms to the laws documents were received, filed, and approved. and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED B&C Cathedral Development, LLC – BY THE CITY COUNCIL OF THE CITY OF Brownfield/Grayfield Redevelopment Tax Cre- DUBUQUE, IOWA: dit Application: City Manager recommending th Section 1. That the plat dated the 20 day approval of the submission of a Brown- of May, 2009 prepared by the Iowa Depart-field/Grayfield Redevelopment Tax Credit Ap- ment of Transportation, relative to the real plication to the Iowa Department of Economic estate hereinabove described be and the Development on behalf of B&C Cathedral De- same is hereby approved, and the Mayor and velopment, LLC, for redevelopment of the for- City Clerk be and they are hereby authorized mer St. Raphael’s School on Bluff Street. and directed to execute said plat for and on Upon motion the documents were received behalf of the City of Dubuque, Iowa. and filed and Resolution No. 380-09 Approving Section 2. That the City Clerk be and is he-a Brownfield/Grayfield Redevelopment Tax reby authorized and directed to file said plat Credit Application to the Iowa Department of and certified copy of this resolution in the office Economic Development on behalf of B&C Ca- of the Recorder in and for Dubuque County, thedral Development, LLC, was adopted. Iowa. th RESOLUTION NO. 380-09 Passed, approved and adopted this 5 day APPROVING A BROWNFIELD/GRAYFIELD of October, 2009. REDEVELOPMENT TAX CREDIT APPLICA- Roy D. Buol, Mayor TION TO THE IOWA DEPARTMENT OF Attest: Jeanne F. Schneider, CMC, City Clerk ECONOMIC DEVELOPMENT ON BEHALF RESOLUTION NO. 379-09 OF B&C CATHEDRAL DEVELOPMENT, APPROVING PLAT OF LOT D OF BONSON LLC. & STEWART’S SUBDIVISION IN THE CITY Whereas, the State of Iowa has estab- OF DUBUQUE, IOWA lished a Brownfield/Grayfield Tax Credit Pro- Whereas, there has been presented to the gram to assist in the redevelopment of Iowa City Council of the City of Dubuque, Iowa, a Brownfields and Grayfields; and th plat dated the 20 day of May, 2009 prepared Whereas, the former St. Raphael School by the Iowa Department of Transportation, building is considered a Grayfield site; and describing Lot D of Bonson & Stewart’s Subdi-Whereas, the Lofts at Cathedral Square vision in the City of Dubuque, Iowa; and project will provide much needed residential Whereas, said plat conforms to the laws development to the downtown area; and and statutes pertaining thereto. Whereas, the City Council finds that the NOW, THEREFORE, BE IT RESOLVED proposed application is acceptable and neces- BY THE CITY COUNCIL OF THE CITY OF sary to the growth and development of the city. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED th Section 1. That the plat dated the 20 day BY THE CITY COUNCIL OF THE CITY OF of May, 2009 prepared by the Iowa Depart-DUBUQUE, IOWA: ment of Transportation, relative to the real Section 1. The City of Dubuque agrees to estate hereinabove described be and the sponsor the Brownfield/Grayfield Redevelop- same is hereby approved, and the Mayor and ment Tax Credit Application on behalf of B&C City Clerk be and they are hereby authorized Cathedral Development, LLC. and directed to execute said plat for and on Section 2. That the Mayor is hereby autho- behalf of the City of Dubuque, Iowa. rized and directed to execute this Resolution Book 139 Regular Session, October 5, 2009 351 on behalf of the City of Dubuque and forward dit Application: City Manager recommending the executed copy to the Iowa Department of approval of the submission of a Brown- Economic Development. field/Grayfield Redevelopment Tax Credit Ap- th Passed, approved and adopted this 5 day plication to the Iowa Department of Economic of October, 2009. Development on behalf of Sustainable Neigh- Roy D. Buol, Mayor borhood Builders, Inc., for redevelopment of Attest: Jeanne F. Schneider, CMC, City Clerk the historic millwork building located at 1079 Elm Street. Upon motion the documents were Caradco Building, LLLP – Brown-received and filed and Resolution No. 382-09 field/Grayfield Redevelopment Tax Credit Ap-Approving a Brownfield/Grayfield Redevelop- plication: City Manager recommending ap-ment Tax Credit Application to the Iowa De- proval of the submission of a Brown-partment of Economic Development on behalf field/Grayfield Redevelopment Tax Credit Ap-of Sustainable Neighborhood Builders, Inc., plication to the Iowa Department of Economic was adopted. Development on behalf of Caradco Building, RESOLUTION NO. 382-09 LLLP, for redevelopment of the former Carr, APPROVING A BROWNFIELD/GRAYFIELD Adams, and Ryder Company building at 900 REDEVELOPMENT TAX CREDIT APPLICA- Jackson Street. Upon motion the documents TION TO THE IOWA DEPARTMENT OF were received and filed and Resolution No. ECONOMIC DEVELOPMENT ON BEHALF 381-09 Approving a Brownfield/Grayfield Re- OF SUSTAINABLE NEIGHBORHOOD development Tax Credit Application to the BUILDERS, INC. Iowa Department of Economic Development on behalf of Caradco Building, LLLP, was Whereas, the State of Iowa has estab- adopted. lished a Brownfield/Grayfield Tax Credit Pro- gram to assist in the redevelopment of Iowa RESOLUTION NO. 381-09 Brownfields and Grayfields; and APPROVING A BROWNFIELD/GRAYFIELD Whereas, the former Novelty Iron Works REDEVELOPMENT TAX CREDIT APPLICA- building is considered a Brownfield site; and TION TO THE IOWA DEPARTMENT OF Whereas, the Novelty Iron Works redeve- ECONOMIC DEVELOPMENT ON BEHALF lopment project will provide much needed res- OF CARADCO BUILDING, LLLP. idential development to the downtown area; Whereas, the State of Iowa has estab-and lished a Brownfield/Grayfield Tax Credit Pro-Whereas, the City Council finds that the gram to assist in the redevelopment of Iowa proposed application is acceptable and neces- Brownfields and Grayfields; and sary to the growth and development of the city. Whereas, the former Carr, Adams, and NOW THEREFORE, BE IT RESOLVED Ryder Company building is considered a Gray-BY THE CITY COUNCIL OF THE CITY OF field site; and DUBUQUE, IOWA: Whereas, the Caradco Building project will Section 1. The City of Dubuque agrees to provide much needed residential development sponsor the Brownfield/Grayfield Redevelop- to the downtown area; and ment Tax Credit Application on behalf of Sus- Whereas, the City Council finds that the tainable Neighborhood Builders, Inc. proposed application is acceptable and neces-Section 2. That the Mayor is hereby autho- sary to the growth and development of the city. rized and directed to execute this Resolution NOW THEREFORE, BE IT RESOLVED on behalf of the City of Dubuque and forward BY THE CITY COUNCIL OF THE CITY OF the executed copy to the Iowa Department of DUBUQUE, IOWA: Economic Development. th Section 1. The City of Dubuque agrees to Passed, approved and adopted this 5 day sponsor the Brownfield/Grayfield Redevelop-of October, 2009. ment Tax Credit Application on behalf of Ca-Roy D. Buol, Mayor radco Building, LLLP. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Mayor is hereby autho- rized and directed to execute this Resolution Alcohol Compliance – Civil Penalty for Al- on behalf of the City of Dubuque and forward cohol License Holders: City Manager recom- the executed copy to the Iowa Department of mending acceptance and approval of the Ac- Economic Development. knowledgement/Settlement Agreements for a th Passed, approved and adopted this 5 day first offense alcohol compliance violation for of October, 2009. West Dubuque Tap, 1701 Asbury Road; Cue Roy D. Buol, Mayor Master’s Billiards, 900 Central Avenue; Bowl- Attest: Jeanne F. Schneider, CMC, City Clerk ing and Beyond, 1860 Hawthorne; Jumper’s Sports Bar & Grill, 2600 Dodge Street; and Sustainable Neighborhood Builders, Inc. – Downtown Eagle, Inc., 1800 Elm Street. Upon Brownfield/Grayfield Redevelopment Tax Cre- 352 Regular Session, October 5, 2009 Book 139 motion the documents were received, filed, mendations as required by HF 756. Upon mo- and approved. tion the documents were received, filed, and approved. Citizen Communication – Crime Task Force: Communication from Terry L. Mozena Iowa Great Places Grant: City Manager submitting a list of items for consideration by advising that the City has been awarded the Crime Task Force. Upon motion the docu-$150,000 from Iowa Great Places Funding to ment was received and filed. aid in the completion of the streetscape and public space improvements in the Historic Dubuque Water Trail Grant Application: Millworking District. Upon motion the docu- City Manager recommending approval of a ments were received and filed. grant application to the Iowa Department of Natural Resources (IDNR) for the Dubuque Purchase of Property – 1699 Washington Water Trail Project. Upon motion the docu-Street: City Manager recommending approval ments were received and filed and Resolution of the purchase of a foreclosed home located No. 383-09 Approving the submittal of an ap-at 1699 Washington Street. Upon motion the plication for Iowa Water Trail Funding to the documents were received and filed and Reso- Iowa Department of Natural Resources for the lution No. 384-09 Approving the acquisition of Dubuque Water Trail was adopted. real estate located at 1699 Washington Street in the City of Dubuque was adopted. RESOLUTION NO. 383-09 APPROVING THE SUBMITTAL OF AN AP-RESOLUTION NO. 384-09 PLICATION FOR IOWA WATER TRAIL APPROVING THE ACQUISITION OF REAL FUNDING TO THE IOWA DEPARTMENT OF ESTATE LOCATED AT 1699 WASHINGTON NATURAL RESOURCES FOR THE DUBU-STREET, IN THE CITY OF DUBUQUE QUE WATER TRAIL. WHEREAS, certain properties have been Whereas, the Iowa Department of Natural targeted for acquisition, rehabilitation and re- Resources has announced the availability of sale in the Washington Neighborhood as part Iowa water trail funding; and of the Revitalize Dubuque: Washington Initia- Whereas, the City has adopted a Compre-tive; and hensive Plan that includes a Recreation Goal WHEREAS, the property at 1699 Washing- to optimize the recreational amenities offered ton Street, previously jointly-financed through by the city's riverfront. loans from Dubuque Bank & Trust, and the NOW THEREFORE, BE IT RESOLVED City of Dubuque, has been foreclosed; and BY THE CITY COUNCIL OF THE CITY OF WHEREAS, an essential part of the revita- DUBUQUE, IOWA: lization strategy for the neighborhood is to Section 1. The Planning Services Manager quickly address vacant properties, deter spec- is authorized to submit this application to the ulation and absentee ownership, and promote Iowa Department of Natural Resources for homeownership. Iowa water trail funding for the Dubuque Water NOW, THEREFORE, BE IT RESOLVED Trail. BY THE CITY COUNCIL OF THE CITY OF Section 2. That in the event said applica-DUBUQUE, IOWA: tion is approved the City Council agrees to Section 1. That the City of Dubuque hereby abide by all local, state and federal require-approves the acquisition of the following legal- ments applicable to the proposed budget. ly described property: Lot Two (2) of Lot Eigh- th Passed, approved and adopted this 5 day ty-Six (86) in East Dubuque Addition in the of October 2009. City of Dubuque, County of Dubuque, Iowa, Roy D. Buol, Mayor according to the recorded plat thereof, at the Attest: Jeanne F. Schneider, CMC, City Clerk cost of Thirty-Five Thousand Two Hundred- Twenty dollars ($35 220). Request for Proposals (RFP) – Mines of Section 2. That the City of Dubuque is he- Spain Interpretive Exhibit and Education Pro-reby authorized to accept a Quit Claim deed gram: City Manager recommending approval from the owner, conveying the owner’s interest of the issuance of a Request for Proposals to the City of Dubuque, Iowa, for the herein (RFP) for an exhibit designer for the Mines of described real estate. Spain Interpretive Exhibit and Education Pro-Section 3. That the City Clerk be and she gram. Upon motion the documents were re-is hereby authorized and directed to cause ceived, filed, and approved. said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, to- Water Resources Coordinating Council gether with certified copy of the Resolution. (WRCC): City Manager recommending ap-Section 4. That the City Clerk be and she proval of the City’s position statement on Wa-is hereby directed to forward a copy of this ter Resources Coordinating Council recom- Book 139 Regular Session, October 5, 2009 353 Resolution to the Dubuque County Assessor Liquor License Applications: City Manager and the Dubuque County Auditor. recommending approval of annual liquor li- th Passed, approved and adopted this 5 day cense renewals as submitted. Upon motion the of October, 2009. documents were received and filed and Reso- Roy D Buol, Mayor lution No. 385-09 Granting the issuance of a Attest: Jeanne Schneider, CMC, City Clerk Class “C” Beer Permit to Target Store and Aldi #30; and Resolution No. 386-09 Granting the Water Meter Change Out Project – Re-issuance of a Class “C” Beer/Liquor License to quest for Proposals: City Manager recom-Dog House Lounge, Denny’s Lux Club and mending approval to release the Request for The District; Special Class “C” Liquor License Proposals for the Water Meter Change Out to Café Manna Java; Class “B” Wine Permit to Project. Upon motion the documents were Target Store and Aldi #30; and a Class “WBN” received, filed, and approved. Native Wine to Solon Langworthy House were adopted. Workers’ Compensation Administrative RESOLUTION NO. 385-09 Services Agreement - Alternative Services Concepts: City Manager recommending ap-Whereas, applications for Beer Permits proval of the Workers’ Compensation Adminis-have been submitted and filed to this Council trative Services Agreement with Alternative for approval and the same have been ex- Services Concepts. Upon motion the docu-amined and approved: and ments were received, filed, and approved. Whereas, the premises to be occupied by such applicants were inspected and found to Illinois Department of Transportation: No-comply with the Ordinances of the City and tice from the Illinois Department of Transporta-have filed proper bonds. tion (IDOT) that they will be sponsoring a pub-NOW, THEREFORE, BE IT RESOLVED lic meeting to seek input concerning the Envi-BY THE CITY COUNCIL OF THE CITY OF ronmental Assessment (EA) of the proposed DUBUQUE, IOWA: alternatives for new inter-city passenger rail That the Manager be authorized to cause transportation service from Chicago to Dubu-to be issued the following named applicants a que. Upon motion the documents was re-Beer Permit. ceived and filed. CLASS “C” BEER PERMIT Target Corporation, Target Store T-0- Government Finance Officers Association: 086+(Sunday Sale), 3500 Dodge Street Communication from the Government Finance Aldi, Inc., Aldi #30+(Sunday Sale), 2160 Officers Association advising that Budget Di-Holliday Drive rector Jennifer Larson has received the Distin-Passed, approved and adopted this 5th day of guished Budget Presentation Award. Upon October, 2009. motion the document was received and filed. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Signed Contracts: 1) Contract with IIW En- RESOLUTION NO. 386-09 gineers for the EB Lyons Nature Center Ex- pansion Project. 2) Change Order #1 for the Whereas, applications for Liquor Licenses Trail at the Bergfeld Recreation Area Project. have been submitted to this Council for ap- 3) Contract for services with The Powers of proval and the same have been examined and Communication related to the Census 2010 approved; and community outreach campaign. 4) Contract Whereas, the premises to be occupied by with McDermott Excavating for the detention such applicants were inspected and found to basin maintenance of Theisen’s Pond. 5) Con-comply with the State Laws and all City Ordin- tract with McDermott Excavating for the deten-ances relevant thereto and they have filed tion basin maintenance of the Bergfeld and proper bonds. Seippel Ponds. 6) Award of the contract for the NOW, THEREFORE, BE IT RESOLVED Foye Street Curb and Gutter, Sidewalk Re-BY THE CITY COUNCIL OF THE CITY OF placement Project. 7) Award of the contract for DUBUQUE, IOWA: the Ramona Street and Pamela Court Panel That the Manager be authorized to cause Replacement Project. Upon motion the docu-to be issued the following named applicants a ments were received and filed. Liquor License. CLASS “C” BEER/LIQUOR LICENSE Business License Refund: Request of Dog Gone, Inc., Dog House Lounge Russell and Cheri Masartis for a refund in the +(Sunday/Outdoor Sale), 1646 Asbury Road amount of $422.50 for the Club Sublime beer Kelly Oppelt, Denny’s Lux Club and liquor license. Upon motion the document +(Sunday/Outdoor Sale), 3050 Asbury Road was received and filed and the refund ap-Michael Mormann, The District+(Sunday proved. Sale), 1700 Central Avenue 354 Regular Session, October 5, 2009 Book 139 SPECIAL CLASS “C” LIQUOR LICENSE Section 1. That the City of Dubuque, Iowa, Café Manna Java, Inc., Café Manna Java intends to dispose of its interest in the fore- +(Sunday/Outdoor Sale), 269 Main Street going described public right-of-way by Lease CLASS “B” WINE Agreement between City and MYLA Company, Target Corporation, Target Store T-0086, LLC. 3500 Dodge Street Section 2. The City Clerk is hereby autho- Aldi, Inc., Aldi #30, 2160 Holliday Drive rized and directed to cause this Resolution and CLASS “WBN” NATIVE WINE a notice to be published as prescribed by Iowa Keisha Wainwright, Solon Langworthy Code Section 364.7 of a public hearing on the House, 264 Alpine Street City’s intent to dispose of the foregoing- Passed, approved and adopted this 5th described public right-of-way, to be held on the th day of October, 2009. 19 day of October, 2009 at 6:30 o’clock p.m. Roy D. Buol at the Historic Federal Building, Council th Attest: Jeanne F. Schneider, CMC, City Clerk Chambers, 350 W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 5 day ITEMS TO BE SET FOR PUBLIC HEARING of October, 2009. Roy D. Buol, Mayor Motion by Lynch to receive and file the Attest: Jeanne F. Schneider, CMC, City Clerk documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Blanche Avenue – Request to Vacate: City Clerk to publish notice as prescribed by law. Manager recommending that a public hearing Seconded by Voetberg. Motion carried 7-0. be set for October 19, 2009 to consider a re- quest from David W. Leifker Law Offices, MYLA Company, LLC: City Manager re-representing Raymond E. Tarkett, for the va- commending that a public hearing be set for cating of an alley adjacent to 765 Blanche October 19, 2009 to consider a proposed Avenue. Upon motion the documents were lease between MYLA Company, LLC for the received and filed and Resolution No. 388-09 placement of a sign for the businesses in the Resolution of intent to vacate and dispose of new building at 3338 Center Grove Drive. City interest in Lot 112-A in Maple Leaf Addi- Upon motion the documents were received tion in the City of Dubuque, Dubuque County, and filed and Resolution No. 387-09 Resolu-Iowa; and Resolution No. 389-09 Approving tion of intent to dispose of an interest in public plat of a proposed vacated alley abutting Lots right-of-way owned by the City of Dubuque by 81 through 86 and Lots 112 through 117 all in lease between the City of Dubuque, Iowa, and Maple Leaf Addition in the City of Dubuque, MYLA Company, LLC, was adopted setting a Iowa, were adopted setting a public hearing for public hearing for a meeting to commence at a meeting to commence at 6:30 p.m. on Octo- 6:30 p.m. on October 19, 2009 in the Historic ber 19, 2009 in the Historic Federal Building. Federal Building. RESOLUTION NO. 388-09 RESOLUTION NO. 387-09 RESOLUTION OF INTENT TO VACATE AND RESOLUTION OF INTENT TO DISPOSE OF DISPOSE OF CITY INTEREST IN LOT 112-A AN INTEREST IN PUBLIC RIGHT-OF-WAY IN MAPLE LEAF ADDITION IN THE CITY OF OWNED BY THE CITY OF DUBUQUE BY DUBUQUE, DUBUQUE COUNTY, IOWA LEASE BETWEEN THE CITY OF DUBUQUE, Whereas, Raymond E. Tarkett has re- IOWA, AND MYLA COMPANY, LLC quested the vacating and disposal of a portion Whereas, the City of Dubuque, Iowa, (City) of an alley abutting Lots 81 through 86 and owns the public right-of-way abutting 3338 Lots 112 through 117 all in Maple Leaf Addi- Center Grove Drive in the City of Dubuque, tion in the City of Dubuque, Iowa; and Iowa; and Whereas, Buesing and Associates, Inc., Whereas, City and MYLA Company, LLC has prepared and submitted to the City Coun- have negotiated a Lease Agreement for the cil a plat showing the vacated portion of said placement of a business sign at 3338 Center alley and assigned a lot number thereto, which Grove Drive, a copy of which Lease Agree-hereinafter shall be known and described as ment is on file at the office of the City Clerk, Lot 112-A in Maple Leaf Addition in the City of th City Hall, 13 and Central Avenue, Dubuque, Dubuque, Dubuque County, Iowa, should be Iowa; and approved. Whereas, the City Council believes it is in NOW THEREFORE, BE IT RESOLVED the best interest of the City of Dubuque to ap-BY THE CITY COUNCIL OF THE CITY OF prove the Lease Agreement. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. That the City of Dubuque in- BY THE CITY COUNCIL OF THE CITY OF tends to vacate and dispose of its interest in DUBUQUE, IOWA: Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa. Book 139 Regular Session, October 5, 2009 355 Section 2. That the conveyance of Lot 112-nary approval of plans, specifications, form of A in Maple Leaf Addition in the City of Dubu-contract, and estimated cost; setting date of que, Dubuque County, Iowa, to Raymond E. public hearing on plans, specifications, form of Tarkett be contingent upon the payment of contract, and estimated cost; and ordering the $300.00 plus platting, publication, and filing advertisement for bids for the North Fork Cat- fees. fish Creek Stormwater and Sanitary Sewer Section 3. That the City Clerk be and is he-Reconstruction Project – Phase III was reby authorized and directed to cause a notice adopted setting a public hearing for a meeting of intent to vacate and dispose of said real to commence at 6:30 p.m. on October 19, estate to be published in the manner as pre-2009 in the Historic Federal Building. scribed by law. th RESOLUTION NO. 390-09 Passed, approved and adopted this 5 day NORTH FORK CATFISH CREEK of October, 2009. STORMWATER AND SANITARY SEWER Roy D. Buol, Mayor PROJECT – PHASE III Attest: Jeanne F. Schneider, CMC, City Clerk PRELIMINARY APPROVAL OF PLANS, RESOLUTION NO. 389-09 SPECIFICATIONS, FORM OF CONTRACT, APPROVING PLAT OF A PROPOSED VA-AND ESTIMATED COST; SETTING DATE CATED ALLEY ABUTTING LOTS 81 OF PUBLIC HEARING ON PLANS, SPECI- THROUGH 86 AND LOTS 112 THROUGH FICATIONS, FORM OF CONTRACT, AND 117 ALL IN MAPLE LEAF ADDITION IN THE ESTIMATED COST; AND ORDERING THE CITY OF DUBUQUE, IOWA ADVERTISEMENT FOR BIDS Whereas, there has been presented to the NOW THEREFORE, BE IT RESOLVED City Council of the City of Dubuque, Iowa, a BY THE CITY COUNCIL OF THE CITY OF plat dated September 8, 2009 prepared by DUBUQUE, IOWA: Buesing and Associates, Inc., describing the The proposed plans, specifications, form of proposed vacated portion of an alley abutting contract and estimated cost for the North Fork Lots 81 through 86 and Lots 112 through 117 Catfish Creek Stormwater and Sanitary Sewer all in Maple Leaf Addition to be known as Lot Project – Phase III, in the estimated amount 112-A in Maple Leaf Addition in the City of $1,894,871.50, are hereby preliminarily ap- Dubuque, Dubuque County, Iowa; and proved and ordered filed in the office of the Whereas, said plat conforms to the laws City Clerk for public inspection. th and statutes pertaining thereto. A public hearing will be held on the 19 NOW, THEREFORE, BE IT RESOLVED day of October, 2009 at 6:30 p.m. in the His- BY THE CITY COUNCIL OF THE CITY OF toric Federal Building Council Chambers at DUBUQUE, IOWA: which time interested persons may appear and Section 1. That the plat dated September be heard for or against the proposed plans and 8, 2009 prepared by Buesing and Associates, specifications, form of contract and estimated Inc., relative to the real estate hereinabove cost of said Project, and the City Clerk be and described be and the same is hereby ap-is hereby directed to cause the attached notice proved, and the Mayor and City Clerk be and of the time and place of such hearing to be they are hereby authorized and directed to published in a newspaper having general cir- execute said plat for and on behalf of the City culation in the City of Dubuque, Iowa, which of Dubuque, Iowa. notice shall be published not less than four Section 2. That the City Clerk be and is he-days nor more than twenty days prior to the reby authorized and directed to file said plat date of such hearing. At the hearing, any inter- and certified copy of this resolution in the office ested person may appear and file objections to of the Recorder in and for Dubuque County, the proposed plans, specifications, form of Iowa. contract, or estimated cost of the Project. th Passed, approved and adopted this 5 day The North Fork Catfish Creek Stormwater of October, 2009. and Sanitary Sewer Project – Phase III is he- Roy D. Buol, Mayor reby ordered to be advertised for bids for con- Attest: Jeanne F. Schneider, CMC, City Clerk struction. The amount of the security to accompany North Fork Catfish Creek Stormwater and each bid shall be in an amount which shall Sanitary Sewer Reconstruction Project – conform to the provisions of the Notice to Bid- Phase III: City Manager recommending initia-ders hereby approved. tion of the bidding process for the North Fork The City Clerk is hereby directed to adver- Catfish Creek Stormwater and Sanitary Sewer tise for bids for the construction of the im- Reconstruction Project – Phase III and that a provements herein provided, by publishing the public hearing be set for October 19, 2009. attached Notice to Bidders to be published in a Upon motion the documents were received newspaper having general circulation in the and filed and Resolution No. 390-09 Prelimi-City of Dubuque, Iowa, which notice shall be 356 Regular Session, October 5, 2009 Book 139 published not less than four but not more than Agreement between the City of Dubuque, forty-five days before the date for filing bids Iowa, and SMG. Seconded by Lynch. DICE nd before 2:00 p.m. on the 22 day of October, President Bob Woodward, 1048 Bonnie Court, 2009. Bids shall be opened and read by the and Southwood Management President Brian City Clerk at said time and will be submitted to Southwood, 1220 Valentine Drive, responded the City Council for final action at 6:30 p.m. on to questions from City Council Members. Mo- nd the 2 day of November, 2009, in the Historic tion carried 7-0. Federal Building Council Chambers (second th RESOLUTION NO. 391-09 floor), 350 West 6 Street, Dubuque, Iowa. th DISPOSING OF AN INTEREST IN REAL Passed, approved and adopted this 5 day PROPERTY BY DEVELOPMENT AGREE- of October, 2009. MENT BETWEEN AND AMONG DUBUQUE Roy D. Buol, Mayor ICE & RECREATION CENTER, INC., DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE RACING ASSOCIATION, AND BAT- BOARDS/COMMISSIONS TLEFIELD DUBUQUE, LLC, AND LEASE AGREEMENT WITH DUBUQUE COMMUNI- TY ICE & RECREATIONAL CENTER, INC. Appointments to the following Commission: Historic Preservation Commission. One 3-year WHEREAS, the City of Dubuque, Iowa, term through July 1, 2011 – Langworthy His-(City), is the owner of the following described toric District (Interim Term of Licht). Applicant: real estate (the Property): rd David Klavitter, 1090 West 3 Street. Motion A part of Mineral Lots 298 and 299 in Frac- by Braig to appoint David Klavitter to the His-tional Section 19, T89N, R3E, 5th P.M., in the toric Preservation Commission – Langworthy City of Dubuque, Iowa, containing 6.63 acres, Historic District (resident commissioner) for a more or less, subject to easements of record 3-year term through July 1, 2011. Seconded and not of record; and by Resnick. Motion carried 7-0. WHEREAS, Dubuque Community Ice & Recreational Center, Inc., (DICE), an Iowa PUBLIC HEARINGS Corporation, desires to lease a part of the Property shown on Exhibit A-1 attached hereto Upon motion the rules were suspended al-for the construction and operation of an ice lowing anyone present to address the City arena (the Arena) as described in a Develop- Council. ment Agreement and Lease Agreement now on file at the office of the City Clerk, 50 West th Dubuque Ice and Recreation Center, Inc., 13 Street, Dubuque, Iowa; and (DICE) – Development Agreement and Lease WHEREAS, Dubuque Racing Association, Agreement: Proof of publication on notice of LTD, (DRA) has agreed to enter into the De- public hearing to consider a Development velopment Agreement and contribute to the Agreement between the City of Dubuque, Du-funds required by DICE for the construction of buque Ice and Recreation Center, Inc., Dubu-the Arena; and que Racing Association, Ltd., and Battlefield WHEREAS, Battlefield Dubuque, LLC (Bat- Dubuque, LLC, and a Lease Agreement be-tlefield), a Minnesota limited liability company, tween the City of Dubuque and Dubuque Ice has agreed to entered into the Development and Recreation Center, Inc., and City Manager Agreement and contribute to the funds re- recommending approval. quired by DICE for the construction of the Are- City Manager recommending approval of na and to enter in an agreement with DICE for an amendment to the SMG Management the use of the arena; and Agreement for the Five Flags Center which WHEREAS, the City Council of the City of would allow them to compete for the same Dubuque has found that the development of type of events that can be held at the Grand the Property pursuant to the Development River Center; however, the non-compete Agreement and Lease Agreement, and the clause for the Five Flags Civic Center Man-fulfillment generally of the Development agement contract with SMG related to political Agreement and Lease Agreement, are in the events would continue. vital and best interests of City and in accord Motion by Jones to receive and file the with the public purposes and provisions of the documents and adopt Resolution No. 391-09 applicable federal, state and local and Disposing of an interest in real property by WHEREAS, on October 5, 2009, the City Development Agreement between and among Council pursuant to notice published as required Dubuque Ice & Recreation Center, Inc., Dubu-by law held a public hearing on its intent to que Racing Association, and Battlefield Dubu-dispose of the foregoing interest in the Property que, LLC, and Lease Agreement with Dubu-and overruled all objections thereto; and que Community Ice and Recreation Center, WHEREAS, the City Council finds that it is in Inc.; and Resolution No. 392-09 Approving the the best interest of the City to approve the Second Amendment to the Management disposition of such interest in the Property. Book 139 Regular Session, October 5, 2009 357 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City’s interest in the foregoing-described Property pursuant to the Development Agreement and Lease Agreement. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Development Agreement and Lease Agreement in accordance with their terms. th Passed, approved and adopted this 5 day of October, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Continued: 358 Regular Session, October 5, 2009 Book 139 Book 139 Regular Session, October 5, 2009 359 RESOLUTION NO. 392-09 Whereas, the City of Dubuque's primary APPROVING THE SECOND AMENDMENT objective in amending this Plan is to provide TO THE MANAGEMENT AGREEMENT BE- opportunities for further redevelopment and TWEEN THE CITY OF DUBUQUE, IOWA, reinvestment in the downtown; and AND SMG. Whereas, the Long Range Planning Com- Whereas, the City of Dubuque has identi-mission has reviewed the proposed Plan and fied the need for private management of the has found that said document is consistent Five Flags Center; and with the Comprehensive Plan for the develop- Whereas, the City of Dubuque (City) and ment of the City of Dubuque as a whole and SMG entered into a Management Agreement has transmitted its findings to the City Council; on June 21, 2004; and and Whereas, City and SMG now desire to Whereas, a consultation process has been amend the Management Agreement by chang-undertaken with affected taxing entities in ac- ing the following language in Section 2.6(b) cordance with Chapter 403 of the Code of FROM …” Notwithstanding anything to the Iowa with no written objections or recom- contrary contained herein, the parties ac-mended changes to the Plan received; and knowledge that the Facility (Five Flags) shall Whereas, the City Council, in accordance not compete for the same type of events that with Chapter 403 of the Code of Iowa, has can be held at the Grand River Center in Du-held a public hearing on the proposed buque, Iowa, unless the event comes through amended and restated Plan after public notice the Grand River Center. Those events include, thereof. but are not limited to: confe-NOW, THEREFORE, BE IT RESOLVED rences/conventions, dinners/banquets, meet-BY THE CITY COUNCIL OF THE CITY OF ings, receptions, and flat floor events” TO … DUBUQUE, IOWA: “Notwithstanding anything to the contrary con-Section 1. That the Amended and Restated tained herein, the parties acknowledge that the Urban Renewal Plan for the Greater Down- Facility (Five Flags) shall not compete for na-town Urban Renewal District, attached hereto tional political events. and made reference to herein, be approved. NOW, THEREFORE, BE IT RESOLVED, Section 2. That the City Clerk of the City of BY THE CITY COUNCIL OF THE CITY OF Dubuque, Iowa, is hereby authorized and di- DUBUQUE, IOWA: rected to file a certified copy of the Resolution Section 1. That the Second Amendment to in the office of the Dubuque County Recorder. th the Management Agreement between the City Passed, approved and adopted this 5 day of Dubuque, Iowa, and SMG be approved. of October, 2009. Passed, approved and adopted this 5th Roy D. Buol, Mayor day of October, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk McEvoy Street – Alley Vacate: Proof of publication on notice of public hearing to con- Amended and Restated Greater Downtown sider a request from Laura Skelton for the va- Urban Renewal District: Proof of publication on cation and disposal of an alley adjacent to 35 notice of public hearing to consider a Resolu-McEvoy Street and City Manager recommend- tion of Necessity for the Amended and Res-ing approval. Motion by Lynch to receive and tated Greater Downtown Urban Renewal Dis-file the documents and adopt Resolution No. trict and City Manager recommending approv-394-09 Approving plat of proposed vacated al. Motion by Connors to receive and file the alley adjacent to 35 McEvoy Street; Resolution documents and adopt Resolution No. 393-09 No. 395-09 Vacating Lot B and Lot I of Bonson Approving the Amended and Restated Urban and Stewart’s Subdivision in the City of Dubu- Renewal Plan for the Greater Downtown Ur-que, Dubuque County, Iowa; and Resolution ban Renewal District. Seconded by Braig. Mo-No. 396-09 Disposing of City interest in Lot B tion carried 7-0. and Lot 1 of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa. RESOLUTION NO. 393-09 Seconded by Connors. Motion carried 7-0. APPROVING THE AMENDED AND RES- TATED URBAN RENEWAL PLAN FOR THE RESOLUTION NO. 394-09 GREATER DOWNTOWN URBAN RENEWAL APPROVING PLAT OF PROPOSED VA- DISTRICT. CATED ALLEY ADJACENT TO 35 MCEVOY STREET Whereas, on September 8, 2009 the City Council of the City of Dubuque, Iowa, autho-Whereas, there has been presented to the rized the preparation of an Amended and Res-City Council of the City of Dubuque, Iowa, a th tated Urban Renewal Plan (the "Plan") for the plat dated the 9 day of September, 2009 pre- Greater Downtown Urban Renewal District pared by Schneider Land Surveying & Plan- (the "District"); and ning, Inc., describing the proposed vacated 360 Regular Session, October 5, 2009 Book 139 portion of an alley adjacent to McEvoy Street 2009 that the City Council of the City of Dubu- th to be known as Lot I of Bonson and Stewart’s que, Iowa, met on the 5 day of October, Subdivision in the City of Dubuque, Dubuque 2009, at 6:30 p.m. in the Historic Federal County, Iowa; and Building Council Chambers (second floor), 350 th Whereas, said plat conforms to the laws West 6 Street, Dubuque, Dubuque County, and statutes pertaining thereto. Iowa, to consider the request to vacate; and NOW, THEREFORE, BE IT RESOLVED Whereas, the City Council of the City of BY THE CITY COUNCIL OF THE CITY OF Dubuque, Iowa, overruled any and all objec- DUBUQUE, IOWA: tions, oral or written to the request to vacate; th Section 1. That the plat dated the 9 day of and September, 2009 prepared by Schneider Land Whereas, the City Council of the City of Surveying & Planning, Inc., relative to the real Dubuque, Iowa, has determined that the pro- estate hereinabove described be and the posed vacated portion of an alley abutting same is hereby approved, and the Mayor and McEvoy Street to be known as Lot B and Lot I City Clerk be and they are hereby authorized of Bonson and Stewart’s Subdivision in the and directed to execute said plat for and on City of Dubuque, Dubuque County, Iowa, behalf of the City of Dubuque, Iowa. should be approved. Section 2. The City of Dubuque reserves NOW THEREFORE, BE IT RESOLVED unto itself a perpetual easement including the BY THE CITY COUNCIL OF THE CITY OF right of ingress and egress thereto, for the DUBUQUE, IOWA: purpose of erecting, installing, constructing, Section 1. That the real estate described reconstructing, repairing, owning, operating, as Lot B and Lot I of Bonson and Stewart’s and maintaining water, sewer, drainage, gas, Subdivision in the City of Dubuque, Iowa, be telephone, television cable, fiber optics, and and the same is hereby vacated. electric lines as may be authorized by the City Section 2. The City of Dubuque reserves of Dubuque, Iowa, over Lot 1 of Bonson and unto itself a perpetual easement including the Stewart’s Subdivision. right of ingress and egress thereto, for the Section 3. That the City Clerk be and is he-purpose of erecting, installing, constructing, reby authorized and directed to file said plat reconstructing, repairing, owning, operating, and certified copy of this resolution in the office and maintaining water, sewer, drainage, gas, of the Recorder in and for Dubuque County, telephone, television cable, fiber optics, and Iowa. electric lines as may be authorized by the City th Passed, approved and adopted this 5 day of Dubuque, Iowa, over Lot I of Bonson and of October, 2009. Stewart’s Subdivision. Roy D. Buol, Mayor Section 3. That the City Clerk be and is he- Attest: Jeanne F. Schneider, CMC, City Clerk reby authorized and directed to record a certi- fied copy of this resolution in the offices of the RESOLUTION NO. 395-09 City Assessor, Dubuque County Recorder and VACATING ALLEY ADJACENT TO 35 MCE- Dubuque County Auditor. th VOY STREET Passed, approved and adopted this 5 day Whereas, Laura J. and Ricky A. Skelton of October, 2009. have requested the vacating of a portion of a Roy D. Buol, Mayor public alley abutting 35 McEvoy Street; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, there has been presented to the RESOLUTION NO. 396-09 City Council of the City of Dubuque, Iowa, a th DISPOSING OF CITY INTEREST IN LOT B plat dated the 9 day of September, 2009 pre- AND LOT I OF BONSON AND STEWART’S pared by Schneider Land Surveying & Plan- SUBDIVISION IN THE CITY OF DUBUQUE, ning, Inc., describing the proposed vacated DUBUQUE COUNTY, IOWA portion of an alley adjacent to 35 McEvoy Street to be known as Lot I of Bonson and Whereas, pursuant to resolution and pub- Stewart’s Subdivision in the City of Dubuque, lished notice of time and place of hearing, pub- Dubuque County, Iowa; and lished in the Telegraph Herald, a newspaper of Whereas, there has been presented to the general circulation published in the City of Du- th City Council of the City of Dubuque, Iowa, a buque, Iowa, on the 25 day of September, th plat dated the 20 day of May, 2009 prepared 2009, the City Council of the City of Dubuque, th by the Iowa Department of Transportation, Iowa, met on the 5 day of October, 2009, at describing Lot B of Bonson and Stewart’s 6:30 p.m. in the Historic Federal Building th Subdivision; and Council Chambers (second floor), 350 West 6 Whereas, pursuant to resolution and pub-Street, Dubuque, Dubuque County, Iowa, to lished notice of time and place of hearing, pub-consider the proposal for the sale of real es- lished in the Telegraph Herald, a newspaper of tate described as: general circulation published in the City of Du- th buque, Iowa, on this 25 day of September, Book 139 Regular Session, October 5, 2009 361 Lot B and Lot I of Bonson and Stewart’s NOW THEREFORE, BE IT RESOLVED BY Subdivision in the City of Dubuque, Dubuque THE CITY COUNCIL OF THE CITY OF DU- County, Iowa, and BUQUE, IOWA: Whereas, the City Council of the City of That the proposed plans, specifications, Dubuque, Iowa, overruled any and all objec-form of contract and estimated cost for the tions, oral or written to the proposal to sell 2009 Sewer CIPP Lining Project, in the esti- such real estate, except for easement as mated amount $182,716.60, are hereby ap- noted. proved. th NOW THEREFORE, BE IT RESOLVED Passed, adopted and approved this 5 day BY THE CITY COUNCIL OF THE CITY OF of October, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. That the sale of City of Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk real property described as Lot B and Lot I of Bonson and Stewart’s Subdivision in the City Upon motion the rules were reinstated li- of Dubuque, Dubuque County, Iowa, to Laura miting discussion to the City Council. J. and Ricky A. Skelton be and the same is ACTION ITEMS hereby approved for the cost of surveying, platting, publication, and filing fees. Con- veyance shall be by Quit Claim Deed. Advertisement for Sale of Bonds: City Section 2. The City of Dubuque reserves Manager recommending the sale of unto itself a perpetual easement including the $2,935,000 General Obligation Bonds, Series right of ingress and egress thereto, for the 2009A, $11,175,000 General Obligation Urban purpose of erecting, installing, constructing, Renewal Bonds, Series 2009B and $9,500,000 reconstructing, repairing, owning, operating, General Obligation Refunding Bonds, Series and maintaining water, sewer, drainage, gas, 2009C. Motion by Jones to receive and file the telephone, television cable, fiber optics, and documents and adopt Resolution No. 398-09 electric lines as may be authorized by the City Directing the sale of General Obligation of Dubuque, Iowa, over Lot I of Bonson and Bonds, Series 2009A; Resolution No. 399-09 Stewart’s Subdivision. Directing the sale of General Obligation Urban Section 3. That the Mayor be authorized Renewal Bonds, Series 2009B; Resolution No. and directed to execute a Quit Claim Deed, 400-09 Directing the sale of General Obliga- and the City Clerk be and is hereby authorized tion Refunding Bonds, Series 2009C; and and directed to deliver said deed of con-Resolution No. 401-09 Authorizing the re- veyance to Laura J. and Ricky A. Skelton upon demption of outstanding General Obligation receipt of publication and filing fees. Bonds, Series 2001, dated December 15, Section 4. That the City Clerk be and is he-2001, and the General Obligation Bonds, Se- reby authorized and directed to record a certi-ries 2002, dated December 15, 2001 of the fied copy of this resolution in the offices of the City of Dubuque, Iowa, and directing notice of City Assessor, Dubuque County Recorder and redemption. Seconded by Voetberg. PFM Se- Dubuque County Auditor. nior Managing Consultant Tionna Pooler, 2600 th Passed, approved and adopted this 5 day Grand Avenue, Des Moines, responded to of October, 2009. questions by City Council Members. Roy D. Buol, Mayor RESOLUTION NO. 398-09 Attest: Jeanne F. Schneider, CMC, City Clerk DIRECTING SALE OF GENERAL OBLIGA- TION BONDS, SERIES 2009A 2009 Cured-in-Place (CIPP) Lining Project: Proof of publication on notice of public hearing WHEREAS, pursuant to notice as required to consider the plans, specifications, form of by law, bids have been received at public sale contract and estimated cost for the 2009 for the Bonds described as follows and the Cured-in-Place (CIPP) Lining Project and City best bid received is determined to be the fol- Manager recommending approval. Motion by lowing: Lynch to receive and file the documents and GENERAL OBLIGATION BONDS, adopt Resolution No. 397-09 Approving plans, SERIES 2009A: specifications, form of contract, and estimated Bidder: Wells Fargo Advisors of St. Louis, cost for the 2009 Sewer Cured-in-Place Pipe Missouri; Wells Fargo Brokerage Services, (CIPP) Lining Project. Seconded by Connors. LLC – Minneapolis, Minnesota, the terms of Motion carried 7-0. said bid being: Purchase Price: $2,905,650.00 RESOLUTION NO. 397-09 Principal Amount: $2,935,000.00 APPROVAL OF PLANS, SPECIFICATIONS, True Interest Rate: 3.291% FORM OF CONTRACT, AND ESTIMATED True Interest Cost: $1,108.063.57 COST FOR THE 2009 SEWER CIPP LINING PROJECT 362 Regular Session, October 5, 2009 Book 139 RESOLUTION NO. 400-09 NOW, THEREFORE, BE IT RESOLVED DIRECTING SALE OF GENERAL OBLIGA- BY THE CITY COUNCIL OF THE CITY OF TION REFUNDING BONDS, SERIES 2009C DUBUQUE, IOWA: Section 1. That the bid for the Series WHEREAS, pursuant to notice as required 2009A Bonds as above set out is hereby de-by law, bids have been received at public sale termined to be the best and most favorable bid for the Bonds described as follows and the received and, said Series 2009A Bonds are best bid received is determined to be the fol- hereby awarded based on said bid. lowing: Section 2. That the form of contract for the GENERAL OBLIGATION sale of said Series 2009A Bonds is hereby REFUNDING BONDS, SERIES 2009C: approved and the Mayor and City Clerk are Bidder: Piper Jaffray & Co. of Leawood, authorized to execute and attest the same on Kansas, the terms of said bid being: behalf of the City. Purchase Price: $9,439,795.62 Section 3. That the notice of the sale of the Principal Amount: $8,885,000.00 Series 2009A Bonds heretofore given and all True Interest Rate: 2.6592% acts of the City Clerk and Finance Officer done True Interest Cost: $1,581,869.17 in furtherance of the sale of said Series 2009A NOW, THEREFORE, BE IT RESOLVED Bonds are hereby ratified and approved. BY THE CITY COUNCIL OF THE CITY OF th Passed and approved this 5 day of Octo-DUBUQUE, IOWA: ber, 2009 Section 1. That the bid for the Series Roy D. Buol, Mayor 2009C Bonds as above set out is hereby de- Attest: Jeanne F. Schneider, CMC, City Clerk termined to be the best and most favorable bid received and, said Series 2009C Bonds are RESOLUTION NO. 399-09 hereby awarded based on said bid. DIRECTING SALE OF GENERAL OBLIGA- Section 2. That the form of contract for the TION URBAN RENEWAL BONDS, SERIES sale of said Series 2009C Bonds is hereby 2009B approved and the Mayor and City Clerk are WHEREAS, pursuant to notice as required authorized to execute and attest the same on by law, bids have been received at public sale behalf of the City. for the Bonds described as follows and the Section 3. That the notice of the sale of the best bid received is determined to be the fol-Series 2009C Bonds heretofore given and all lowing: acts of the City Clerk and Finance Officer done GENERAL OBLIGATION in furtherance of the sale of said Series 2009C URBAN RENEWAL BONDS, SERIES 2009B: Bonds are hereby ratified and approved. th Bidder: Robert W. Baird & Co., Inc., of Mil-Passed and approved this 5 day of Octo- waukee, Wisconsin, et al, the terms of said bid ber, 2009. being: Roy D. Buol, Mayor Purchase Price: $ 11,092, 136.40 Attest: Jeanne F. Schneider, CMC, City Clerk Principal Amount: $11,175,000.00 RESOLUTION NO. 401-09 True Interest Rate: 3.2325% AUTHORIZING THE REDEMPTION OF True Interest Cost: $4,190,734.38 OUTSTANDING GENERAL OBLIGATION NOW, THEREFORE, BE IT RESOLVED BONDS, SERIES 2001, DATED DECEMBER BY THE CITY COUNCIL OF THE CITY OF 15, 2001, AND THE GENERAL OBLIGATION DUBUQUE, IOWA: BONDS, SERIES 2002, DATED DECEMBER Section 1. That the bid for the Series 15, 2001, OF THE CITY OF DUBUQUE, 2009B Bonds as above set out is hereby de- IOWA, AND DIRECTING NOTICE OF RE- termined to be the best and most favorable bid DEMPTION received and, said Series 2009B Bonds are hereby awarded based on said bid. WHEREAS, the City did by Resolution No. Section 2. That the form of contract for the 537-01 approved on December 17, 2001, au- sale of said Series 2009B Bonds is hereby thorize the issuance of $9,500,000 General approved and the Mayor and City Clerk are Obligation Bonds, Series 2001, dated Decem- authorized to execute and attest the same on ber 15, 2001 (the "Series 2001 Bonds"); and behalf of the City. WHEREAS, the City did by Resolution No. Section 3. That the notice of the sale of the 540-01 approved December 17, 2001, author- Series 2009B Bonds heretofore given and all ize the issuance of $2,860,000 General Obli- acts of the City Clerk and Finance Officer done gation Bonds, Series 2002, dated December in furtherance of the sale of said Series 2009B 15, 2001 (the "Series 2002 Bonds"); and Bonds are hereby ratified and approved. WHEREAS, the Series 2001 Bonds and th Passed and approved this 5 day of Octo-the Series 2002 Bonds maturing after June 1, ber, 2009. 2009 are redeemable in any order of maturity Roy D. Buol, Mayor upon giving notice in the manner provided in Attest: Jeanne F. Schneider, CMC, City Clerk the resolutions authorizing the issuance of the Book 139 Regular Session, October 5, 2009 363 Series 2001 Bonds and the Series 2002 263867 550,000 4.550 June 1, 2014 QE6 Bonds; and 263867 WHEREAS, it is deemed necessary and 575,000 4.600 June 1, 2015 QF3 advisable that all of the Series 2001 Bonds 263867 and the Series 2002 Bonds be so redeemed 590,000 4.700 June 1, 2016 QG1 and notices of redemption be given. 263867 NOW, THEREFORE, BE IT RESOLVED 620,000 4.750 June 1, 2017 QH9 BY THE CITY COUNCIL OF THE CITY OF 263867 DUBUQUE, IOWA: 650,000 4.750 June 1, 2018 QJ5 Section 1. The outstanding General Obli- 263867 gation Bonds, Series 2001, dated December 680,000 4.800 June 1, 2019 QK2 15, 2001, maturing after June 1, 2009 in the 263867 715,000 4.875 June 1, 2020 QL0 principal amount of $7,325,000, shall be re- 263867 deemed on November 11, 2009. 750,000 4.900 June 1, 2021 QM8 Section 2. The outstanding General Obli- gation Bonds, Series 2002, dated December No representation is made as to the accu- 15, 2001, maturing after June 1, 2009 in the racy of the CUSIP numbers printed herein or principal amount of $2,080,000, shall be re- on the Bonds. deemed on November 11, 2009. The above Bonds should be presented to Wells Fargo Bank, N.A., as Registrar and Wells Fargo Bank, N.A., 666 Walnut Street, Paying Agent for the Series 2001 Bonds and Des Moines, Iowa, 50309, telephone the Series 2002 Bonds, is hereby authorized (515/245-8504). This represents a full call of and directed to cause notices of such redemp- the outstanding obligations. All interest will tion to be given not less than thirty (30) days cease to accrue on the Redemption Date. prior to the redemption date. Wells Fargo Bank, National Association Section 2. The Finance Officer is hereby (End of Notice) authorized and directed to cause to be depo- sited with Wells Fargo Bank, N.A., from the NOTICE OF THE CALL OF BONDS FOR proceeds of the General Obligation Refunding REDEMPTION TO THE HOLDERS OF THE Bonds, Series 2009C, an amount sufficient to FOLLOWING DESCRIBED BONDS: pay all principal and interest on the redeemed Please take notice that the Bonds de- Series 2001 Bonds and the Series 2002 Bonds scribed below have been called for redemp- to the date of redemption. tion. Owners of the Bonds should present their Section 3. That the form of such notices be Bonds for payment on the Redemption Date. substantially as follows: Issuer: City of Dubuque, Iowa Original Issue Amount: $2,860,000 NOTICE OF THE CALL OF BONDS FOR Bond Issue: REDEMPTION TO THE HOLDERS OF THE General Obligation Bonds, Series 2002 FOLLOWING DESCRIBED BONDS: Dated Date: December 15, 2001 Please take notice that the Bonds de- Redemption Date: November 11, 2009 scribed below have been called for redemp- Redemption Price: Par, plus accrued interest tion. Owners of the Bonds should present their Bonds for payment on the Redemption Date. Bonds Called for Redemption Issuer: City of Dubuque, Iowa Principal Interest Maturity CUSIP Original Issue Amount: $9,500,000 Amount Rate Date Numbers Bond Issue: General Obligation Bonds, Series 2001 263867 $130,000 4.20% June 1, 2010 QU0 Dated Date: December 15, 2001 263867 Redemption Date: November 11, 2009 135,000 4.30 June 1, 2011 QV8 Redemption Price: Par, plus accrued interest 263867 140,000 4.45 June 1, 2012 QW6 Bonds Called for Redemption 263867 145,000 4.50 June 1, 2013 QX4 Principal Interest Maturity CUSIP 263867 Amount Rate Date Numbers 160,000 4.55 June 1, 2014 QY2 263867 263867 $530,000 4.125% June 1, 2010 QA4 170,000 4.60 June 1, 2015 QZ9 263867 263867 545,000 4.250 June 1, 2011 QB2 175,000 4.70 June 1, 2016 RA3 263867 263867 560,000 4.350 June 1, 2012 QC0 185,000 4.75 June 1, 2017 RB1 263867 263867 560,000 4.450 June 1, 2013 QD8 195,000 4.80 June 1, 2018 RC9 364 Regular Session, October 5, 2009 Book 139 the table. Seconded by Voetberg. Motion car- 263867 205,000 4.85 June 1, 2019 RD7 ried 7-0. 263867 Motion by Jones to receive and file the 215,000 4.90 June 1, 2020 RE5 documents and adopt Resolution No. 402-09 263867 Awarding public improvement contract for the 225,000 4.95 June 1, 2021 RF2 Port of Dubuque Parking Ramp Concrete Crack Repair Project. Seconded by Connors. No representation is made as to the accu- Motion carried 7-0. racy of the CUSIP numbers printed herein or on the Bonds. RESOLUTION NO. 402-09 The above Bonds should be presented to AWARDING PUBLIC IMPROVEMENT CON- Wells Fargo Bank, N.A., 666 Walnut Street, TRACT FOR THE PORT OF DUBUQUE Des Moines, Iowa, 50309, telephone PARKING RAMP – CONCRETE CRACKING (515/245-8504). This represents a full call of REPAIR AND CONCRETE SEALER the outstanding obligations. All interest will PROJECT cease to accrue on the Redemption Date. Whereas, sealed proposals have been Wells Fargo Bank, National Association submitted by contractors for the Port of Dubu- (End of Notice) que Parking Ramp – Concrete Cracking Re- th Passed and approved this 5 day of October, pair and Concrete Sealer Project (the Project) 2009. pursuant to Resolution No. 330-09 and Notice Roy D. Buol, Mayor to Bidders published in a newspaper published Attest: Jeanne F. Schneider, CMC, City Clerk th in the City of Dubuque, Iowa, on the 9 day of September, 2009. Whereas, said sealed pro- Westside Arterial Development, LLC: th posals were opened and read on the 17 day Communication from Brian J. Kane, of September, 2009, and it has been deter- representing Westside Arterial Development, mined that Ram Construction Services of Little LLC, requesting that the City vacate and ab- Canada, Minnesota, with a bid in the amount andon a temporary roadway easement at the of $213,900.00 is the lowest responsive, re- end of Millstone Drive. sponsible bidder for the Project. Communication from Steven J. and Jenni- NOW THEREFORE, BE IT RESOLVED fer A. Mai requesting that the temporary road- BY THE CITY COUNCIL OF THE CITY OF way easement at the end of Millstone Drive be DUBUQUE, IOWA: maintained as a cul-de-sac. That a Public Improvement Contract for the Motion by Jones to receive and file the Project is hereby awarded to Ram Construc- documents and refer to the City Manager. tion Services and the City Manager is hereby Seconded by Resnick. Motion carried 7-0. directed to execute a Public Improvement Contract on behalf of the City of Dubuque for Unified Development Code (First Reading the Project. on September 21, 2009): City Manager trans- th Passed, approved and adopted this 5 day mitting additional information in response to of October, 2009. issues raised by the City Council during the Roy D. Buol, Mayor September 21, 2009 public hearing on the Attest: Jeanne F. Schneider, CMC, City Clerk Unified Development Code and recommending that the various options for Item #2 - park land Task Force Appointments: City Manager dedication versus donation be referred to the recommending the task force be named the Zoning Advisory Commission for their consid- Safe Community Task Force, a list of names eration. Motion by Connors to receive and file for service on the task force, and that the City the documents and consider the second read- Council appoint seven additional members and ing of a proposed ordinance establishing Title seek one or two volunteers from the City 16, Unified Development Code for the City of Council. Motion by Lynch to receive and file Dubuque, Iowa, in accordance with the provi- the documents, select Council Members Con- sions of the Code of Iowa, and for the repeal of nors and Voetberg to serve as Council repre- all ordinances in conflict herewith. Seconded sentatives, approve the two lists of names by Voetberg. Motion carried 7-0. recommended by the City Manager and nomi- nate the following additional citizens: Mike Port of Dubuque Parking Ramp Concrete Hodge, Molly Grover, Michelle Mihalakis, John Crack Repair Project (Tabled on September Gronen, Rachel Daack, Claudette Carter 23, 2009): City Manager recommending award Thomas, Terry Mozena, Steve Hodge, and of the public improvement contract for the Port Doug Stillings for a total of 25 members. Van of Dubuque Parking Ramp Concrete Crack Milligen clarified that the Police Chief position will Repair Project to Ram Construction Services serve as a representative. Motion carried 7-0. of Minnesota LLC., in the amount of $213,900.00. Motion by Jones to remove from Book 139 Regular Session, October 19, 2009 365 COUNCIL MEMBER REPORTS CITY OF DUBUQUE, IOWA CITY COUNCIL Connors reported on her attendance at the OFFICIAL recent Iowa League of Cities Conference in PROCEEDINGS Davenport stating that it is important to contin- ue to support the League. Connors also re- ported on the success of the ribbon cut- The Dubuque City Council met in regular ting/block party she and Council Member Res- session at 6:30 p.m. on October 19, 2009 in th nick attended on 13 Street between Washing- the Historic Federal Building. ton and Jackson Streets which was sponsored by Hope Church. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- There being no further business, upon mo- berg, Acting City Manager Steinhauser, Assis- tion the City Council adjourned at 7:58 p.m. tant City Attorney O’Brien /s/Jeanne F. Schneider, CMC Mayor Buol read the call and stated this is City Clerk 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 Randy Sirk of Temple Beth El. PROCLAMATION Dubuque Weatherization Challenge Day (October 24, 2009) was accepted by Opera- tion: New View Executive Director Tom Sto- vall, 1473 Central Avenue. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Braig requested (#16) Neighborhood Stabilization Program be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: City Council of 10/5; Civil Service Commission of 10/14; Human Rights Commission of 9/14; Plumbing Board of 10/1; Zoning Advisory Commission of 10/7; Zoning Board of Adjust- ment of 9/24 Proofs of publication of City Council Pro- ceedings of September 21 and 23, 2009 and List of Claims and Summary of Revenues for Month Ended August 31, 2009 Library Board of Trustees Update from Meeting of September 24, 2009 Substance Abuse Services Center First Quarter Report Upon motion the documents were received and filed. Notice of Claims/Suits: Opalus Salon and Spa for loss of revenue; Chelsea Deines for vehicle damage. Upon motion the documents 366 Regular Session, October 19, 2009 Book 139 THTH LOT PROJECT (11 – 13 BETWEEN were received and filed and referred to the City WHITE & JACKSON STREETS) Attorney. The undersigned City Engineer of the City City Attorney advising that the following of Dubuque, Iowa, hereby certifies that he has claim has been referred to Public Entity Risk inspected the Green Alley Pilot Project (11th – Services of Iowa, the agent for the Iowa Com-13th between White & Jackson Streets), that munities Assurance Pool: Chelsea Deines for the Project has been performed in compliance vehicle damage with the terms of the Public Improvement Con- City Attorney recommending settlement of tract, and that the total cost of the completed the claim of Opalus Salon for loss of revenue. work is $225,914.15 Upon motion the documents were received Dated this 14th day of October, 2009. and filed and concurred.Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 14 Green Alley Project: City Manager recom-day of October, 2009. mending acceptance of the Green Alley Pilot Jeanne F. Schneider, CMC, City Clerk thth Project (11 – 13 between White and Jack- son Streets), as completed by Portzen Con-Eagle Point Park Trolley Line Trail Project: struction, in the final contract amount of City Manager recommending acceptance of $199,966.88. Upon motion the documents the Eagle Point Park Trolley Line Trail Project were received and filed and Resolution No. as completed by Portzen Construction in the 403-09 Accepting the Green Alley Pilot Project final contract amount of $203,708.91. Upon thth (11 – 13 between White and Jackson motion the documents were received and filed Streets) and authorizing payment of the con-and Resolution No. 404-09 Accepting the tract amount to the contractor was adopted. Eagle Point Park Trolley Line Trail Project and authorizing payment of the contract amount to RESOLUTION NO. 403-09 the contractor was adopted. ACCEPTING THE GREEN ALLEY PILOT THTH PROJECT (11 – 13 BETWEEN WHITE & RESOLUTION NO. 404-09 JACKSON STREETS) AND AUTHORIZING ACCEPTING THE TROLLEY LINE TRAIL – THE PAYMENT OF THE CONTRACT EAGLE POINT PARK PROJECT AND AU- AMOUNT TO THE CONTRACTOR THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract thth for the Green Alley Pilot Project (11 – 13 Whereas, the Public Improvement Contract between White & Jackson Streets) (the for the Trolley Line Trail – Eagle Point Park Project) has been completed and the City En-Project (the Project) has been completed and gineer has examined the work and filed a cer-the City Engineer has examined the work and tificate stating that the Project has been com-filed a certificate stating that the Project has pleted according to the terms of the Public been completed according to the terms of the Improvement Contract and that the City Engi-Public Improvement Contract and that the City neer recommends that the Project be ac-Engineer recommends that the Project be ac- cepted; and cepted; and NOW THEREFORE, BE IT RESOLVED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. The recommendation of the City Section 1. The recommendation of the City Engineer is approved and the Project is hereby Engineer is approved and the Project is hereby accepted. accepted. Section 2. The Finance Director is hereby Section 2. The Finance Director is hereby directed to pay to the Contractor from the directed to pay to the Contractor from the Fis- Green Alley Pilot Project appropriations for the cal Year 2008 Resource Enhancement and contract amount of $199,966.88 less any re-Protection (REAP) Grant, Water Main Re- tained percentage provided for therein as pro-placement Program and Street Light Re- vided in Iowa Code chapter 573, and to pay placement appropriations for the contract such retainage only in accordance with the amount of $203,708.91 less any retained per- provisions of Iowa Code chapter 573. centage provided for therein as provided in th Passed, approved and adopted this 19 Iowa Code chapter 573, and to pay such retai- day of October, 2009. nage only in accordance with the provisions of Roy D. Buol, Mayor Iowa Code chapter 573. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, approved and adopted this 19 day of October, 2009. CITY ENGINEER’S CERTIFICATE OF FINAL Roy D. Buol, Mayor COMPLETION OF THE GREEN ALLEY PI- Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, October 19, 2009 367 CITY ENGINEER’S CERTIFICATE OF FINAL Attest: Jeanne F. Schneider, City Clerk COMPLETION OF THE TROLLEY LINE TRAIL – EAGLE POINT PARK PROJECT Housing Enterprise Zone Program Agree- The undersigned City Engineer of the City ment – St. Raphael School Project: City Man- of Dubuque, Iowa, hereby certifies that he has ager recommending approval of an amend- inspected the Trolley Line Trail – Eagle Point ment to the Housing Enterprise Zone Program Park Project, that the Project has been per-Agreement to reflect a change in developers of formed in compliance with the terms of the the St. Raphael School Project to B & C Ca- Public Improvement Contract, and that the thedral Development. Upon motion the docu- total cost of the completed work is ments were received and filed and Resolution $238,840.91. No. 406-09 Approving an amendment to a th Dated this 14 day of October, 2009. Housing Enterprise Zone Program Agreement Gus Psihoyos, City Engineer by and among the Iowa Department of Eco- th Filed in the office of the City Clerk on the 14 nomic Development, the City of Dubuque and day of October, 2009. Lofts at Cathedral Square was adopted. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 406-09 APPROVING AN AMENDMENT TO A HOUS- I-Jobs Affordable Housing Assistance ING ENTERPRISE ZONE PROGRAM Grant Application: City Manager recommend- AGREEMENT BY AND AMONG THE IOWA ing approval of an I-Jobs Affordable Housing DEPARTMENT OF ECONOMIC DEVELOP- Assistance Grant Application to the Iowa MENT, THE CITY OF DUBUQUE AND Finance Authority on behalf of Gronen Resto- LOFTS AT CATHEDRAL SQUARE. ration to be used for the redevelopment of the former Caradco building mixed-use project. Whereas, the City of Dubuque has estab- Upon motion the documents were received lished two Enterprise Zones and an Enterprise and filed and Resolution No. 405-09 Approving Zone Commission; and I-Jobs Affordable Housing Assistance Grant Whereas, the Enterprise Zone Commission Application to the Iowa Finance Authority on on August 11, 2008 approved the application behalf of Gronen Restoration was adopted. of Lofts at Cathedral Square for Housing En- terprise Zone benefits; and RESOLUTION NO. 405-09 Whereas, Lofts at Cathedral Square’s ap- APPROVING A I-JOBS AFFORDABLE plication was approved by the Iowa Depart- HOUSING ASSISTANCE GRANT APPLICA- ment of Economic Development on August 27, TION TO THE IOWA FINANCE AUTHORITY, 2008; and ON BEHALF OF GRONEN RESTORATION Whereas, the Enterprise Zone Agreement Whereas, the State of Iowa has estab-was approved by the City Council by Resolu- lished a Housing Assistance Grant Program to tion No.341-08 on October 6, 2008; and assist in the development of housing in the Whereas, an amendment is needed to State of Iowa; and transfer the agreement to B&C Cathedral De- Whereas, the developer of the former Ca-velopment, LLC as it is the new developer for radco building has been encouraged to make the project; and an application for the grant program; and Whereas, the City Council finds that the Whereas, the Caradco redevelopment proposed amendment is acceptable and ne- project will provide much needed residential cessary to the growth and development of the development to the downtown area; and city. Whereas, the City Council finds that the NOW THEREFORE, BE IT RESOLVED proposed application is acceptable and neces-BY THE CITY COUNCIL OF THE CITY OF sary to the growth and development of the city. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. That the Iowa Department of BY THE CITY COUNCIL OF THE CITY OF Economic Development Housing Enterprise DUBUQUE, IOWA: Zone Program Agreement Amendment 1, Section 1. The City of Dubuque agrees to Number 09-HEZ-008, is hereby approved. sponsor the Affordable Housing Assistance Section 2. That the Mayor is hereby autho- Grant Application to the Iowa Finance Authori-rized and directed to execute the amendment ty on behalf of Gronen Restoration. on behalf of the City of Dubuque and forward Section 2. That the Mayor is hereby au-the executed copy to the Iowa Department of thorized and directed to execute this Resolu-Economic Development for their approval. th tion and application on behalf of the City of Passed, approved and adopted this 19 Dubuque and forward the executed copy to the day of October, 2009. Iowa Finance Authority. Roy D. Buol, Mayor th Passed, approved and adopted this 19 Attest: Jeanne F. Schneider, City Clerk day of October, 2009. Roy D. Buol, Mayor 368 Regular Session, October 19, 2009 Book 139 RESOLUTION NO. 408-09 Final Plat – Bonson and Stewart’s Subdivi- ADOPTING THE SCHEDULE OF ASSESS- sion Lot “H:” Zoning Advisory Commission MENTS FOR DELINQUENT WATER, SEW- recommending approval of the final plat of ER, REFUSE AND STORMWATER AC- Bonson and Stewart’s Subdivision Lot “H.” COUNTS AND DIRECTING THE CITY Upon motion the documents were received CLERK TO CERTIFY THE SCHEDULE OF and filed and Resolution No. 407-09 Approving ASSESSMENTS TO THE COUNTY TREA- Bonson and Stewart’s Subdivision Lot “H” in SURER AND TO PUBLISH NOTICE THE- the City of Dubuque, Iowa, was adopted. REOF RESOLUTION NO. 407-09 NOW, THEREFORE, BE IT RESOLVED APPROVING BONSON AND STEWART’S BY THE CITY COUNCIL OF THE CITY OF SUBDIVISION LOT “H” IN THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA. That after full consideration of the Sche- Whereas, there has been filed with the City dule of Assessments attached hereto for de- Clerk Bonson and Stewart’s Subdivision Lot linquent water, sewer, refuse, and stormwater “H” in the City of Dubuque, Iowa; and accounts which Schedule of Assessments was Whereas, said Plat of Survey provides filed in the office of the City Clerk on the 12th 34.93 feet of lot frontage for Lot “H” and 1,870 day of October, 2009, the said Schedule of square feet of lot area, where 50 feet of lot Assessments be and the same is hereby ap- frontage and 5,000 square feet of lot area are proved and adopted. required by Section 42-19(b) of the Subdivi-That there be, and is herby assessed and sion Regulations; and levied as a lien upon the real property, the Whereas, the subdivision has been ex-respective sums indicated. amined by the Zoning Advisory Commission That the City Clerk be and is hereby di- and had its approval endorsed thereon; and rected to certify said schedule to the County Whereas, said subdivision has been ex-Treasurer of Dubuque County, Iowa, and to amined by the City Council and they find that it publish notice of said certification once each conforms to the statues and ordinances relat-week for two consecutive weeks in the manner ing to it. provided in Iowa Code § 362.3, the first publi- NOW THEREFORE, BE IT RESOLVED cation of which shall be not more than fifteen BY THE CITY COUNCIL OF THE CITY OF days from the date of filing of the final sche- DUBUQUE, IOWA: dule. On or before the date of the second pub- Section 1. That Section 42-19(b) of the lication of the notice, the City Clerk shall also Subdivision Regulations is waived to allow Lot mail a copy of said notice to property owners “H” to have 34.93 feet of lot frontage and 1,870 whose property is subject to assessment, as square feet of lot area, where 50 feet of lot provided and directed in Iowa Code § 384.60. frontage and 5,000 square feet of lot area are The assessments may be paid in full or in required. part at the Utility Billing Office, City Hall, 50 W. th Section 2. That the Bonson and Stewart’s 13 Street, Dubuque, Iowa, at any time within Subdivision Lot “H” is hereby approved and 30 days after the date of the first publication of the Mayor and City Clerk are hereby autho-the notice of the filing of the Schedule of As- rized and directed to endorse the approval of sessments with the County Treasurer. After 30 the City of Dubuque, Iowa upon said final plat. days, unpaid assessments are payable at the th Passed, approved and adopted this 19 County Treasurer’s Office, Dubuque County day of October 2009. Courthouse, 720 Central Avenue, Dubuque, Roy D. Buol, Mayor Iowa, and charges shall be collected in the Attest: Jeanne F. Schneider, City Clerk same manner as general property taxes against the respective parcels of the property Delinquent Water, Sewer, Refuse and set opposite the name of the property owner. Storm Water Collection Accounts: City Man-Passed, approved and adopted this 19th ager recommending approval of the submis-day of October, 2009. sion of delinquent water, sewer, refuse and Roy D. Buol, Mayor storm water collection accounts to the Dubu-Attest: Jeanne F. Schneider, CMC, City Clerk que County Treasurer. Upon motion the doc- SCHEDULE OF ASSESSMENTS uments were received and filed and Resolution FOR DELINQUENT WATER, REFUSE, No. 408-09 Adopting the Schedule of Assess- SEWER AND STORM WATER ments for delinquent water, refuse, sewer and COLLECTION ACCOUNTS storm water collection accounts and directing OCTOBER 2009 the Clerk to certify the schedule of assess- Customer Name, Service Address, Account ments to the County Treasurer and to publish Balance, Admin. Fee, Balance notice thereof was adopted. ADVANCED BUSINESS CENTER LLC, 1449 JACKSON ST, 277.94, 5.00, 282.94 Book 139 Regular Session, October 19, 2009 369 AGNES E STEINES, 2444 W 32ND, DANIEL A DEAN, 418 ALMOND ST, 144.06, 5.00, 149.06 210.53, 5.00, 215.53 ALBERT M DAVIS, 904 RHOMBERG DANIEL F TUTHILL, 1238 JACKSON ST, AVE, 87.04, 5.00, 92.04 420.98, 5.00, 425.98 AMBER COOPER, 2702 PINARD ST, DANIEL J PFEIFFER, 510 ANGELLA ST, 282.12, 5.00, 287.12 187.75, 5.00, 192.75 AMY L WAGNER, 1570 AUSTIN ST, DAVID J WITTER, 810 RHOMBERG AVE, 248.92, 5.00, 253.92 9.20, 5.00, 14.20 ANGIE GRIMES, 2695 DOVE ST, 372.74, DAVID O & TESSA A LOCHNER, 727 5.00, 377.74 HILL ST 2ND, 340.04, 5.00, 345.04 ANTONIO G CONLEY, 1104 RIVERVIEW DAVID O LOCHNER, 727 HILL ST 1ST, ST, 47.64, 5.00, 52.64 97.61, 5.00, 102.61 AUTO & TRUCK PARTS, 3000 JACKSON DEAN W MILLER, 604 RHOMBERG AVE, ST, 207.58, 5.00, 212.58 210.18, 5.00, 215.18 BELLE ESTATES LC, 1035 GROVE TER-DENNIS I KRAMER, 430 VALERIA ST, RACE 2ND, 48.88, 5.00, 53.88 101.73, 5.00, 106.73 BILL FINN, 2010 SHELBY ST, 36.12, 5.00, DIANE BERRY, 695 ROBERTS ST, 41.12 115.24, 5.00, 120.24 BILL J FINN, 1860 HEEB ST, 18.45, 5.00, EQUITY BUILDERS, 640 SAPPHIRE CIR, 23.45 228.10, 5.00, 233.10 BLAS & MIRIAM H CHALAS, 2222 FRAN-EUNICE NEWMAN, 1433 WASHINGTON CIS ST, 28.78, 5.00, 33.78 ST, 71.11, 5.00, 76.11 BLAS A CHALAS, 2224 FRANCIS ST, FRANK A KALB, 2268 JACKSON ST, 28.78, 5.00, 33.78 13.98, 5.00, 18.98 BLAS A CHALAS, 2224 FRANCIS ST #2, FREEDOM DEVELOPMENT CO LLC, 28.78, 5.00, 33.78 1053 W 5TH ST, 359.30, 5.00, 364.30 BON VIVANT LC, 562 ALMOND ST, 5.78, FRENCH MARKET ESTATES LC, 1743 5.00, 10.78 WHITE ST #1, 24.55, 5.00, 29.55 BOULEVARD ESTATES LC, 1820 DELHI FRENCH QUARTER ESTATE LC, 395 W ST, 50.02, 5.00, 55.02 17TH ST 2ND, 80.56, 5.00, 85.56 BOURBON ST ESTATES LC, 517 AL-FRENCH QUARTER ESTATES LC, 537 W MOND ST, 59.22, 5.00, 64.22 17TH ST, 24.72, 5.00, 29.72 BRIAN P TEDROW, 1876 CENTRAL AV FRENCH QUARTER ESTATES LC, 395 W #304, 78.73, 5.00, 83.73 17TH ST 3RD, 10.41, 5.00, 15.41 BRIAN P TEDROW, 1876 CENTRAL AVE FRENCH QUARTER ESTATES LC, 411 W #303, 86.94, 5.00, 91.94 LOCUST ST 1ST, 33.49, 5.00, 38.49 BRIAN P TEDROW, 1876 CENTRAL AVE GARY & SUSAN BAY, 1815 JACKSON 1ST, 366.71, 5.00, 371.71 ST, 268.89, 5.00, 273.89 BRIAN W BOLTON, 2741 CENTRAL AVE, GARY & SUSAN BAY, 1777 WASHING- 65.03, 5.00, 70.03 TON ST, 467.37, 5.00, 472.37 CHRISTINA A TIES, 714 RIES ST, 116.44, GARY BERNHARD, 1110 ROOSEVELT 5.00, 121.44 ST, 52.86, 5.00, 57.86 CITIMORTGAGE INC, 2030 ROCKDALE GARY BERNHARD, 1100 ROOSEVELT RD, 194.42, 5.00, 199.42 ST, 132.30, 5.00, 137.30 CLARA C FINGER, 1955 CLARKE DR, GARY E & SUSAN M BAY, 321 E 22ND 33.73, 5.00, 38.73 ST, 56.22, 5.00, 61.22 COREY E BONNER, 1815 W 3RD ST, GARY E BAY, 1805 JACKSON ST, 85.25, 5.00, 90.25 317.23, 5.00, 322.23 DA VINCI'S LLC, 395 W 9TH ST, 544.35, GARY L HINGTGEN, 3015 LEMON ST, 5.00, 549.35 142.60, 5.00, 147.60 DANA KISTING, 702 WILSON ST, 56.68, GREG B CRAY, 745 DAVIS ST, 256.54, 5.00, 61.68 5.00, 261.54 DANA KISTING, 716 WILSON ST 1ST, H & R PROPERTIES, 1586 WASHING- 42.18, 5.00, 47.18 TON ST, 306.03, 5.00, 311.03 DANA KISTING, 716 WILSON ST 2ND, HASAN RIZVIC, 3375 VENTURE CT, 44.61, 5.00, 49.61 302.28, 5.00, 307.28 DANA KISTING, 718 WILSON ST 1ST, HEATH H HUTCHINSON, 421 W 16TH 46.09, 5.00, 51.09 ST, 155.38, 5.00, 160.38 DANA KISTING, 718 WILSON ST 2ND, HIGHLANDS OF DUBUQUE LCC , 675 W 42.73, 5.00, 47.73 11TH ST 2ND, 19.27, 5.00, 24.27 DANA KISTING, 718 WILSON ST 3RD, J FOHT, 723 PERU RD, 132.30, 5.00, 44.15, 5.00, 49.15 137.30 370 Regular Session, October 19, 2009 Book 139 JACKSON SQUARE ESTATES, 1599 KEVIN J POTTER, 1786 JACKSON ST, WASHINGTON ST, 7.94, 5.00, 12.94 251.44, 5.00, 256.44 JACKSON SQUARE ESTATES LC, 1698 KEY CITY LAND INVESTMENTS LLC, JACKSON ST #3, 68.85, 5.00, 73.85 3270 DODGE ST, 1,622.97, 5.00, 1,627.97 JACQUELINE R KRANTZ, 1040 KELLY KINGDOM INVESTMENT LLC, 500 HILL LN, 490.33, 5.00, 495.33 ST, 134.72, 5.00, 139.72 JAMES & SUZANNE CALLAHAN, 2521 KIRK L ANDERSON, 1790 GARFIELD WINDSOR AV, 205.90, 5.00, 210.90 AVE, 33.38, 5.00, 38.38 JAMES B HANSON, 2736 ELM ST, KRESS INDUSTRIAL FACILITY LLC, 375.04, 5.00, 380.04 SEIPPEL RD COMMERCIAL PARK, 335.99, JASON FERREL, 235 VALERIA ST, 5.00, 340.99 140.21, 5.00, 145.21 KRISTY MONAHAN-SMITH, 2521 STAF- JAY A STREINZ, 1578 WASHINGTON ST, FORD ST, 33.32, 5.00, 38.32 307.86, 5.00, 312.86 KYLE G FITZGERALD, 735 ROSE ST, JAY C CLOSE, 689 W LOCUST ST, 20.67, 5.00, 25.67 288.91, 5.00, 293.91 LAURIE & DAVID VONAH, 707 LINCOLN JEFFREY T SMITH, 1265 THOMAS PL, AVE, 246.45, 5.00, 251.45 238.61, 5.00, 243.61 MAIN STREET DEVELOPMENT CO, 100 JERRY D STOKES, 1845 UNIVERSITY MAIN ST, 490.62, 5.00, 495.62 AVE, 133.01, 5.00, 138.01 MAIN STREET DEVELOPMENT, LLC, 100 JERRY L GESIE, 321 VALERIA ST, 33.47, MAIN ST, 70.75, 5.00, 75.75 5.00, 38.47 MARCEL A HOWARD, 4914 TWILIGHT JESSE RANS, 2008 FOYE ST, 79.85, DR, 32.53, 5.00, 37.53 5.00, 84.85 MARDI GRAS ESTATES, 510 E 22ND ST JESSICA HILL, 1700 SCENIC VIEW DR, 1ST, 61.93, 5.00, 66.93 120.83, 5.00, 125.83 MARK A BOLAND, 601 TANZANITE DR, JIM PRINE, 1040 DAVIS AVE, 119.54, 219.61, 5.00, 224.61 5.00, 124.54 MARK STEVENS, 1870 LOMBARD ST, JOEL LEACH, 2006 RHOMBERG AVE 165.78, 5.00, 170.78 2ND, 253.28, 5.00, 258.28 MARSHALLESE HOUSE OF PRAISE, JOHN & LORETTA DAVIS, 744 NEVADA 2155 ROCKDALE RD, 284.66, 5.00, 289.66 ST 2ND, 187.92, 5.00, 192.92 MARY A GROSS, 503 ARLINGTON ST, JOHN C / ANN C SCHOBER, 2395 KNOB 143.28, 5.00, 148.28 HILL DR, 257.55, 5.00, 262.55 MARY ANN BAILES, 877 STONE RIDGE JOHN W & SALLY JO HERRIG, 13270 PL, 31.13, 5.00, 36.13 DERBY GRANGE RD, 590.37, 5.00, 595.37 MATTHEW LACRONE, 1925 WASHING- JOHN W FOWLER, 2770 JACKSON ST, TON ST, 251.87, 5.00, 256.87 60.23, 5.00, 65.23 MICHAEL J JONES, 837 AIR HILL ST, JOHN WALTERS, 2840 BURLINGTON 346.83, 5.00, 351.83 ST, 273.25, 5.00, 278.25 MICHAEL J JONES, 835 AIR HILL ST, JONATHAN J SLAGHT, 1486 W 3RD ST, 79.97, 5.00, 84.97 1,271.86, 5.00, 1,276.86 MICHELLE SCOTT, 607 W 8TH ST, 33.61, JONATHAN SLAGHT, 3102 ASBURY RD, 5.00, 38.61 294.27, 5.00, 299.27 MULLETT ENTERPRISES LC, 1439 JULIE LECLERE, 2491 HEMPSTEAD ST, BLUFF ST, 24.70, 5.00, 29.70 116.75, 5.00, 121.75 MULLETT ENTERPRISES LC, 1441 KATHERINE A MUNSON, 2904 BALKE BLUFF ST, 33.36, 5.00, 38.36 ST, 106.17, 5.00, 111.17 NEW CENTURY LIQUIDATING TRUST, KATIE L BERWANGER, 2613 GLENVIEW 475 VALERIA ST, 435.59, 5.00, 440.59 CR, 172.10, 5.00, 177.10 NINA K NELSON, 520 LINCOLN AVE, KEITH E WELSH, 1640 ASHTON PL, 161.93, 5.00, 166.93 240.10, 5.00, 245.10 PATRICIA J KEYS, 2315 JACKSON ST, KELLY A SIMPSON, 1638 IOWA ST, 103.18, 5.00, 108.18 255.23, 5.00, 260.23 PATRICK J DUGGAN, 1540 CENTRAL AV KENNETH A GINTER, 2662 OGLE ST, 3N, 51.91, 5.00, 56.91 218.92, 5.00, 223.92 PATRICK R MARSH, 158 BLUFF ST, KENNETH E KELLER, 2054 JACKSON ST 416.48, 5.00, 421.48 2ND, 133.73, 5.00, 138.73 PERRY D SOPINA, 116 W 13TH ST 1ST KENNY J SR BIRCH, 1412 WASHING-FL, 106.32, 5.00, 111.32 TON ST, 283.30, 5.00, 288.30 PERRY SOPINA, 116 W 13TH ST #2 2ND KERRI A DRESS, 864 EDISON ST, FL, 213.32, 5.00, 218.32 130.66, 5.00, 135.66 PETER V ECK, 760 TANZANITE DR, 219.46, 5.00, 224.46 Book 139 Regular Session, October 19, 2009 371 RANDY S WEBER, 535 S GRANDVIEW General Obligation Bonds – Series 2009A: AV, 325.79, 5.00, 330.79 City Manager recommending approval of sug- RAYMOND M FULLER, 2900 CENTRAL gested proceedings to complete the action AV 1ST, 95.17, 5.00, 100.17 required for the issuance of not to exceed RICHARD R HOWELL, 1608 WASHING-$2,935,000 General Obligation Bonds – Series TON ST, 100.92, 5.00, 105.92 2009A. Upon motion the documents were re- RICKEY A WHITE, 650 HARVARD ST, ceived and filed and Resolution No. 409-09 238.03, 5.00, 243.03 Appointing Wells Fargo Bank, National Asso- RICKY J HURST, 3975 INWOOD AV, ciation of Des Moines, Iowa, to serve as pay- 131.26, 5.00, 136.26 ing agent, bond registrar, and transfer agent, ROB J / VICKIE L MCMULLEN, 3998 IN-approving the paying agent and bond registrar WOOD AV, 113.53, 5.00, 118.53 and transfer agent agreement and authorizing ROGER RICHARD, 1513 WASHINGTON the execution of the agreement; and Resolu- ST, 190.54, 5.00, 195.54 tion No. 410-09 Authorizing and providing for RON RUDIGER, 590 ANGELLA ST, the issuance of $2,935,000 General Obligation 161.01, 5.00, 166.01 Bonds, Series 2009A and levying a tax to pay RONALD J & WANDA M KOENIG, 2540 said bonds were adopted. ELM ST, 33.40, 5.00, 38.40 RONALD L HOUSELOG, 716 E 22ND ST, Council Member Lynch introduced the fol- 123.05, 5.00, 128.05 lowing resolution and moved that the resolu- RONALD P FERRARO, 2830 WASHING-tion be adopted. Council Member Voetberg TON ST, 409.57, 5.00, 414.57 seconded the motion to adopt. The roll was RYAN A DOWNS, 80 YORK ST, 207.84, called and the vote was, Ayes: Braig, Buol, 5.00, 212.84 Connors, Jones, Lynch, Resnick, Voetberg; S VANCE DELIRE, 565 CLARKE DR, Nays: None. 28.37, 5.00, 33.37 RESOLUTION NO. 409-09 SCOTLYN PROPERTIES, 37 W 15TH ST APPOINTING WELLS FARGO BANK, NA- #4, 6.75, 5.00, 11.75 TIONAL ASSOCIATION OF DES MOINES, SCOTLYN PROPERTIES, 37 W 15TH ST IOWA, TO SERVE AS PAYING AGENT, #3, 6.75, 5.00, 11.75 BOND REGISTRAR, AND TRANSFER SCOTLYN PROPERTIES, 37 W 15TH ST AGENT, APPROVING THE PAYING AGENT #1, 6.75, 5.00, 11.75 AND BOND REGISTRAR AND TRANSFER SCOTLYN PROPERTIES, 37 W 15TH ST AGENT AGREEMENT AND AUTHORIZING APT 1, 33.54, 5.00, 38.54 THE EXECUTION OF THE AGREEMENT SCOTLYN PROPERTIES, 35 W 15TH ST 1ST, 68.14, 5.00, 73.14 WHEREAS, pursuant to the provisions of SCOTT A RUNDE, 35 W 15TH ST APT 2, Chapter 75 of the Code of Iowa, $2,935,000 174.46, 5.00, 179.46 General Obligation Bonds, Series 2009A SCOTT A RUNDE, 35 W 15TH ST APT 1, (Taxable Build America Bonds), dated the date 482.76, 5.00, 487.76 of delivery, have been sold at public sale and SCOTT M BRIES, 735 KIRKWOOD ST action should now be taken to provide for the 2ND, 183.78, 5.00, 188.78 maintenance of records, registration of certifi- SECRETARY OF HOUSING, 2028 ST cates and payment of principal and interest in JOHN DR, 80.78, 5.00, 85.78 connection with the issuance of the Bonds; SO FOURTH PACIFIC RIM FINANCE, and 2225 KERPER BL, 1,369.22, 5.00, 1,374.22 WHEREAS, this Council has deemed that ST THOMAS LLC, 1261 THOMAS PL, the services offered by Wells Fargo Bank, Na- 255.35, 5.00, 260.35 tional Association of Des Moines, Iowa, are STEVEN R RUNDE, 3565 KEY COR-necessary for compliance with rules, regula- NERS, 179.14, 5.00, 184.14 tions, and requirements governing the registra- TAMMY S TITTLE, 921 GARFIELD AV, tion, transfer and payment of registered 155.74, 5.00, 160.74 Bonds; and TERESA L STANSFIELD, 740 GOETHE WHEREAS, a Paying Agent, Bond Regi- ST, 82.12, 5.00, 87.12 strar and Transfer Agent Agreement (hereafter TERRY L ATKINSON, 45 OAK GROVE "Agreement") has been prepared to be entered DR, 160.76, 5.00, 165.76 into between the City and Wells Fargo Bank, THOMAS J & MARTHA J BLAKE, 2214 National Association. JACKSON ST 2ND, 299.38, 5.00, 304.38 NOW, THEREFORE, BE IT RESOLVED THOMAS J & MARTHA J BLAKE, 2301 BY THE CITY COUNCIL OF DUBUQUE, WHITE ST #2, 19.78, 5.00, 24.78 IOWA: TIMOTHY K MANNING, 1552 LOCUST Section 1. That Wells Fargo Bank, National ST, 89.13, 5.00, 94.13 Association of Des Moines, Iowa, is hereby TOTALS: 28,896.25, 780.00, 29,676.25 appointed to serve as Paying Agent, Bond 372 Regular Session, October 19, 2009 Book 139 Registrar and Transfer Agent in connection including the construction and installation of with the issuance of $2,935,000 General Obli-watermain extensions, ADA improvements, gation Bonds, Series 2009A (Taxable Build back-up power supply and water consumption America Bonds), dated the date of delivery. studies and engineering, essential corporate Section 2. That the Agreement with Wells purposes, and it is deemed necessary and Fargo Bank, National Association of Des advisable that General Obligation Bonds, Se- Moines, Iowa, is hereby approved and that the ries 2009A, to the amount of not to exceed Mayor and Clerk are authorized to sign the $3,000,000 be issued for said purpose; and Agreement on behalf of the City. WHEREAS, pursuant to notice published th Passed and approved this 19day of Oc-as required by Section 384.25 of said Code, tober, 2009. this Council has held a public meeting and Roy D. Buol, Mayor hearing upon the proposal to institute proceed- Attest: Jeanne F. Schneider, CMC, City Clerk ings for the issuance of said Bonds, and the Council is therefore now authorized to proceed Council Member Lynch moved that the with the issuance of such Bonds; and form of Tax Certificate be placed on file and WHEREAS, pursuant to the provisions of approved. Council Member Voetberg Chapter 75 of the Code of Iowa, the above seconded the motion. The roll was called and mentioned Bonds in the aggregate principal the vote was, Ayes: Braig, Buol, Connors, amount of $2,935,000 were heretofore sold at Jones, Lynch, Resnick, Voetberg; Nays: None. public sale and action should now be taken to Council Member Lynch moved that the issue said Bonds conforming to the terms and form of Continuing Disclosure Certificate be conditions of the best bid received at the ad- placed on file and approved. Council Member vertised public sale: Voetberg seconded the motion. The roll was NOW, THEREFORE, BE IT RESOLVED called and the vote was, Ayes: Braig, Buol, BY THE COUNCIL OF THE CITY OF DUBU- Connors, Jones, Lynch, Resnick, Voetberg; QUE, IOWA: Nays: None. Section 1. Definitions. The following terms Council Member Lynch introduced the fol-shall have the following meanings in this Reso- lowing Resolution Council Member Voetberg lution unless the text expressly or by neces- seconded the motion to adopt, and the roll sary implication requires otherwise:  being called thereon, the vote was as follows: "Authorized Denominations" shall Ayes: Braig, Buol, Connors, Jones, Lynch, mean $5,000 or any integral multiple the- Resnick, Voetberg; Nays: None. reof.  "Beneficial Owner" shall mean the RESOLUTION NO. 410-09 person in whose name such Bond is rec- AUTHORIZING AND PROVIDING FOR THE orded as the beneficial owner of a Bond by ISSUANCE OF $2,935,000 GENERAL OBLI- a Participant on the records of such Partic- GATION BONDS, SERIES 2009A (TAXABLE ipant or such person's subrogee. BUILD AMERICA BONDS), AND LEVYING A  "Bond Fund" shall mean the fund TAX TO PAY SAID BONDS created in Section 3 of this Resolution. WHEREAS, the Issuer is duly incorpo-  "Bonds" shall mean $2,935,000 rated, organized and exists under and by vir- General Obligation Bonds, Series 2009A tue of the laws and Constitution of the State of (Taxable Build America Bonds), authorized Iowa; and to be issued by this Resolution. WHEREAS, the Issuer is in need of funds  "Build America Bonds" shall mean to pay costs of the acquisition of sewer pipe- the Bonds as authorized by Sections 54AA line inspection equipment; the inspection and and 6431 of the Code. certification of the flood control levee system;  "Cede & Co." shall mean Cede & the construction and installation of storm water Co., the nominee of DTC, and any succes- management facilities, including the Bee sor nominee of DTC with respect to the Branch Creek Restoration Project, and the Bonds. reconstruction of storm sewers; the acquisition  "Code" shall mean the Internal and replacement of street lights; the acquisi- Revenue Code of 1986 and the Regula- tion and installation of fiber optic conduit in tions there under and including the Ameri- connection with street improvements and wa- can Recovery and Reinvestment Act of termain extensions; the repair and improve- 2009 and such guidance with respect the- ment of the Dubuque Regional Airport, includ- reto as may be issued by the Internal Rev- ing hanger heater and terminal boiler replace- enue Service or Department of the Trea- ments, runway and hanger painting, hanger sury from time to time. repairs and replacements and parking area  "Continuing Disclosure Certificate" paving; the acquisition and replacement of Fire shall mean that certain Continuing Disclo- Department ladder and pumper trucks and sure Certificate executed by the Issuer and ambulances; and water utility improvements Book 139 Regular Session, October 19, 2009 373 dated the date of issuance and delivery of ties with respect to the recording and pay- the Bonds, as originally executed and as it ment of the Bonds issued hereunder. may be amended from time to time in ac-Section 2. Levy and Certification of Annual cordance with the terms thereof. Tax; Other Funds to be Used.  (a) Levy of Annual Tax. That for "Depository Bonds" shall mean the the purpose of providing funds to pay the Bonds as issued in the form of one global principal and interest of the Bonds herei- certificate for each maturity, registered in nafter authorized to be issued, there is he- the Registration Books maintained by the reby levied for each future year the follow- Registrar in the name of DTC or its nomi- ing direct annual tax on all of the taxable nee. property in Dubuque, Iowa, to-wit:  "DTC" shall mean The Depository Trust Company, New York, New York, a FISCAL YEAR limited purpose trust company, or any suc- AMOUNT* (JULY 1 TO JUNE 30) cessor book-entry securities depository YEAR OF COLLECTION appointed for the Bonds.  $73,119* 2009/2010 "Issuer" and "City" shall mean the $250,960 2010/2011 City of Dubuque, Iowa.  $253,680 2011/2012 "Participants" shall mean those broker-dealers, banks and other financial $255,930 2012/2013 institutions for which DTC holds Bonds as $252,420 2013/2014 securities depository. $248,260 2014/2015  "Paying Agent" shall mean Wells $248,450 2015/2016 Fargo Bank, National Association, or such $248,320 2016/2017 successor as may be approved by Issuer $242,720 2017/2018 as provided herein and who shall carry out $236,700 2018/2019 the duties prescribed herein as Issuer's $235,400 2019/2020 agent to provide for the payment of prin- $233,585 2020/2021 cipal of and interest on the Bonds as the $236,385 2021/2022 same shall become due. $233,545 2022/2023  "Project Fund" shall mean the fund $235,295 2023/2024 required to be established by this Resolu- $226,370 2024/2025 tion for the deposit of the proceeds of the $227,270 2025/2026 Bonds. $222,465 2026/2027  "Rebate Fund" shall mean the fund $217,205 2027/2028 so defined in and established pursuant to $216,480 2028/2029 the Tax Certificate.  "Registrar" shall mean Wells Fargo * Capitalized interest will be used together Bank, National Association of Des Moines, with available City funds to pay the principal Iowa, or such successor as may be ap- and interest of the Bonds coming due in proved by Issuer as provided herein and 2009/2010. who shall carry out the duties prescribed (NOTE: For example the levy to be made herein with respect to maintaining a regis- and certified against the taxable valuations of ter of the owners of the Bonds. Unless oth- January 1, 2008 will be collected during the erwise specified, the Registrar shall also fiscal year commencing July 1, 2009.) act as Transfer Agent for the Bonds.  "Representation Letter" shall mean (b) Resolution to be Filed With County Au- the Blanket Issuer Letter of Representa- ditor. A certified copy of this Resolution should tions executed and delivered by the Issuer be filed with the County Auditor of Dubuque to DTC on file with DTC. County, State of Iowa, and said Auditor is he-  "Resolution" shall mean this resolu- reby instructed in and for each of the years as tion authorizing the Bonds. provided, to levy and assess the tax hereby  "Subsidy Payments" shall mean all authorized in Section 2 of this Resolution, in payments received by the Issuer as a re- like manner as other taxes are levied and as- sult of the Issuer’s election to designate the sessed, and such taxes so levied in and for Bonds as Build America Bonds. each of the years aforesaid be collected in like  "Tax Certificate" shall mean the manner as other taxes of the City are col- Tax Certificate executed by the Treasurer lected, and when collected be used for the and delivered at the time of issuance and purpose of paying principal and interest on delivery of the Bonds. said Bonds issued in anticipation of said tax,  "Treasurer" shall mean the Finance and for no other purpose whatsoever. Director or such other officer as shall suc- (c) Additional City Funds Available. Prin- ceed to the same duties and responsibili- cipal and interest coming due at any time 374 Regular Session, October 19, 2009 Book 139 when the proceeds of said tax on hand shall ty. Any balance on hand in the Project Fund be insufficient to pay the same shall be and not immediately required for its purposes promptly paid when due from current funds of may be invested not inconsistent with limita- the City available for that purpose and reim-tions provided by law or this Resolution. bursement shall be made from such special Section 5. Investments of Bond Fund fund in the amounts thus advanced. Proceeds. All moneys held in the Bond Fund, (d) Subsidy Fund. All Subsidy Payments provided for by Section 3 of this Resolution received by the Issuer shall be deposited in shall be invested in investments permitted by the Subsidy Fund, a sub-fund within the Bond Chapter 12B, Code of Iowa, 2009 (formerly Fund, which is hereby established by the Issu-Chapter 452, Code of Iowa, as amended) or er. The Issuer shall apply all funds in the Bond deposited in financial institutions which are Fund as provided in the Tax Certificate, and members of the Federal Deposit Insurance shall adjust the levies set forth in Section 2(a) Corporation and the deposits in which are in- above to the extent that Subsidy Funds are sured thereby and all such deposits exceeding available to pay principal and interest on the the maximum amount insured from time to Bonds. time by FDIC or its equivalent successor in Section 3. Bond Fund. Said tax shall be any one financial institution shall be conti- collected each year at the same time and in nuously secured in compliance with the State the same manner as, and in addition to, all Sinking Fund provided under Chapter 12C of other taxes in and for the City, and when col-the Code of Iowa, 2009, as amended or oth- lected they shall be converted into a special erwise by a valid pledge of direct obligations of fund within the Debt Service Fund to be known the United States Government having an as the "GENERAL OBLIGATION BOND FUND equivalent market value. All such interim in- 2009A" (the "Bond Fund"), which is hereby vestments shall mature before the date on pledged for and shall be used only for the which the moneys are required for payment of payment of the principal of and interest on the principal of or interest on the Bonds as herein Bonds hereinafter authorized to be issued; and provided. also there shall be apportioned to said fund its Section 6. Bond Details, Execution and proportion of taxes received by the City from Redemption. property that is centrally assessed by the State (a) Bond Details. General Obligation Bonds of Iowa, and all Subsidy Payments received in of the City in the amount of $2,935,000, shall connection with the Bonds. be issued pursuant to the provisions of Section Section 4. Application of Bond Proceeds – 384.25 of the City Code of Iowa for the afore- Project Fund. Proceeds of the Bonds shall be said purpose. The Bonds shall be designated applied as follows: "GENERAL OBLIGATION BOND, SERIES  2009A (TAXABLE BUILD AMERICA An amount equal to $55,613 shall be BONDS)", be dated the date of delivery, and credited to the Costs of Issuance Fund which bear interest from the date thereof, until pay- is hereby created and expended for the costs ment thereof, at the office of the Paying Agent, of issuance of the Bonds including, but not said interest payable on June 1, 2010, and limited to, underwriting discount, accounting semiannually thereafter on the 1st day of June and legal fees, printing costs, Trustee, Regi- and December in each year until maturity at strar, Paying Agent and rating agency fees the rates hereinafter provided. and expenses, and other fees relating to the The Bonds shall be executed by the ma- issuance of the Bonds. In no event shall an nual or facsimile signature of the Mayor and amount in excess of two percent (2%) of the attested by the manual or facsimile signature sale proceeds of the Bonds be used to pay of the Clerk, and impressed or printed with the costs of issuance. seal of the City and shall be fully registered as  An amount equal to $47,040 shall be to both principal and interest as provided in credited to the Bond Fund as pre-construction this Resolution; principal, interest and pre- capitalized interest and used to pay a portion mium, if any, shall be payable at the office of of the interest coming due on the Bonds on the Paying Agent by mailing of a check to the June 1, 2010. registered owner of the Bond. The Bonds shall  An amount equal to $2,836,515 shall be in the denomination of $5,000 or multiples be credited to the Project Fund which is here- thereof. The Bonds shall mature and bear in- by created, and shall be expended only for terest as follows: capital expenditures as defined in the Code. Any amounts on hand in the Project Fund Principal Interest Maturity shall be available for the payment of the prin- Amount Rate June 1st cipal of or interest on the Bonds at any time $120,000 1.900% 2011 that other funds shall be insufficient to the pur- $125,000 2.200% 2012 pose, in which event such funds shall be repa- id to the Project Fund at the earliest opportuni-$130,000 2.700% 2013 Book 139 Regular Session, October 19, 2009 375 the address indicated in or pursuant to the $130,000 3.200% 2014 Representation Letter. $130,000 3.700% 2015 (b) With respect to Depository Bonds, $135,000 3.800% 2016 neither the Issuer nor the Paying Agent shall $140,000 4.000% 2017 have any responsibility or obligation to any $140,000 4.300% 2018 Participant or to any Beneficial Owner. Without $140,000 4.500% 2019 limiting the immediately preceding sentence, $145,000 4.700% 2020 neither the Issuer nor the Paying Agent shall $150,000 4.800% 2021 have any responsibility or obligation with re- $160,000 4.900% 2022 spect to (i) the accuracy of the records of DTC $165,000 5.000% 2023 or its nominee or of any Participant with re- $175,000 5.100% 2024 spect to any ownership interest in the Bonds, $175,000 5.200% 2025 (ii) the delivery to any Participant, any Benefi- $185,000 5.300% 2026 cial Owner or any other person, other than $190,000 5.400% 2027 DTC or its nominee, of any notice with respect $195,000 5.500% 2028 to the Bonds, (iii) the payment to any Partici- $205,000 5.600% 2029 pant, any Beneficial Owner or any other per- son, other than DTC or its nominee, of any (b) Redemption. Bonds maturing after June amount with respect to the principal of, pre- 1, 2017 may be called for redemption by the mium, if any, or interest on the Bonds, or (iv) Issuer and paid before maturity on said date or the failure of DTC to provide any information or any date thereafter, from any funds regardless notification on behalf of any Participant or of source, in whole or from time to time in part, Beneficial Owner. in any order of maturity and within an annual The Issuer and the Paying Agent may treat maturity by lot. The terms of redemption shall DTC or its nominee as, and deem DTC or its be par, plus accrued interest to date of call. nominee to be, the absolute owner of each Thirty days' notice of redemption shall be Bond for the purpose of payment of the prin- given by first class mail to the registered owner cipal of, premium, if any, and interest on such of the Bond. Failure to give such notice by mail Bond, for the purpose of all other matters with to any registered owner of the Bonds or any respect to such Bond, for the purpose of regis- defect therein shall not affect the validity of any tering transfers with respect to such Bonds, proceedings for the redemption of the Bonds. and for all other purposes whatsoever (except All bonds or portions thereof called for re- for the giving of certain Bond holder consents, demption will cease to bear interest after the in accordance with the practices and proce- specified redemption date, provided funds for dures of DTC as may be applicable thereto). their redemption are on deposit at the place of The Paying Agent shall pay all principal of, payment. premium, if any, and interest on the Bonds If selection by lot within a maturity is re- only to or upon the order of the Bondholders quired, the Registrar shall designate the bonds as shown on the Registration Books, and all to be redeemed by random selection of the such payments shall be valid and effective to names of the registered owners of the entire fully satisfy and discharge the Issuer's obliga- annual maturity until the total amount of bonds tions with respect to the principal of, premium, to be called has been reached. if any, and interest on the Bonds to the extent Section 7. Issuance of Bonds in Book- so paid. Notwithstanding the provisions of this Entry Form; Replacement Bonds. Resolution to the contrary (including without (a) Notwithstanding the other provisions of limitation those provisions relating to the sur- this Resolution regarding registration, owner- render of Bonds, registration thereof, and is- ship, transfer, payment and exchange of the suance in Authorized Denominations), as long Bonds, unless the Issuer determines to permit as the Bonds are Depository Bonds, full effect the exchange of Depository Bonds for Bonds shall be given to the Representation Letter and in the Authorized Denominations, the Bonds the procedures and practices of DTC there shall be issued as Depository Bonds in deno- under, and the Paying Agent shall comply the- minations of the entire principal amount of rewith. each maturity of Bonds (or, if a portion of said (c) Upon (i) a determination by the Issuer principal amount is prepaid, said principal that DTC is no longer able to carry out its func- amount less the prepaid amount); and such tions or is otherwise determined unsatisfacto- Depository Bonds shall be registered in the ry, or (ii) a determination by DTC that the name of Cede & Co., as nominee of DTC. Bonds are no longer eligible for its depository Payment of semi-annual interest for any De- services or (iii) a determination by the Paying pository Bond shall be made by wire transfer Agent that DTC has resigned or discontinued or New York Clearing House or equivalent its services for the Bonds, if such substitution next day funds to the account of Cede & Co. is authorized by law, the Issuer shall (A) de- on the interest payment date for the Bonds at signate a satisfactory substitute depository as 376 Regular Session, October 19, 2009 Book 139 set forth below or, if a satisfactory substitute is with the address and social security number or not found, (B) provide for the exchange of De-federal employer identification number of such pository Bonds for replacement Bonds in Au-transferee (or, if registration is to be made in thorized Denominations. the name of multiple individuals, of all such (d) To the extent authorized by law, if the transferees). In the event that the address of Issuer determines to provide for the exchange the registered owner of a Bond (other than a of Depository Bonds for Bonds in Authorized registered owner which is the nominee of the Denominations, the Issuer shall so notify the broker or dealer in question) is that of a broker Paying Agent and shall provide the Registrar or dealer, there must be disclosed on the Reg- with a supply of executed unauthenticated istration Books the information pertaining to Bonds to be so exchanged. The Registrar shall the registered owner required above. Upon the thereupon notify the owners of the Bonds and transfer of any such Bond, a new fully regis- provide for such exchange, and to the extent tered Bond, of any denomination or denomina- that the Beneficial Owners are designated as tions permitted by this Resolution in aggregate the transferee by the owners, the Bonds will be principal amount equal to the unmatured and delivered in appropriate form, content and Au-unredeemed principal amount of such trans- thorized Denominations to the Beneficial Own-ferred fully registered Bond, and bearing inter- ers, as their interests appear. est at the same rate and maturing on the same (e) Any substitute depository shall be des-date or dates shall be delivered by the Regi- ignated in writing by the Issuer to the Paying strar. Agent. Any such substitute depository shall be (c) Registration of Transferred Bonds. In all a qualified and registered "clearing agency" as cases of the transfer of the Bonds, the Regi- provided in Section 17A of the Securities Ex-strar shall register, at the earliest practicable change Act of 1934, as amended. The substi-time, on the Registration Books, the Bonds, in tute depository shall provide for (i) immobiliza-accordance with the provisions of this Resolu- tion of the Depository Bonds, (ii) registration tion. and transfer of interests in Depository Bonds (d) Ownership. As to any Bond, the person by book entries made on records of the depo-in whose name the ownership of the same sitory or its nominee and (iii) payment of prin-shall be registered on the Registration Books cipal of, premium, if any, and interest on the of the Registrar shall be deemed and regarded Bonds in accordance with and as such inter-as the absolute owner thereof for all purposes, ests may appear with respect to such book and payment of or on account of the principal entries. of any such Bonds and the premium, if any, Section 8. Registration of Bonds; Appoint-and interest thereon shall be made only to or ment of Registrar; Transfer; Ownership; Deli-upon the order of the registered owner thereof very; and Cancellation. or his legal representative. All such payments (a) Registration. The ownership of Bonds shall be valid and effectual to satisfy and dis- may be transferred only by the making of an charge the liability upon such Bond, including entry upon the books kept for the registration the interest thereon, to the extent of the sum or and transfer of ownership of the Bonds, and in sums so paid. no other way. Wells Fargo Bank, National As-(e) Cancellation. All Bonds which have sociation is hereby appointed as Bond Regi-been redeemed shall not be reissued but shall strar under the terms of this Resolution and be cancelled by the Registrar. All Bonds which under the provisions of a separate agreement are cancelled by the Registrar shall be de- with the Issuer filed herewith which is made a stroyed and a certificate of the destruction part hereof by this reference. Registrar shall thereof shall be furnished promptly to the Issu- maintain the books of the Issuer for the regis-er; provided that if the Issuer shall so direct, tration of ownership of the Bonds for the pay-the Registrar shall forward the cancelled ment of principal of and interest on the Bonds Bonds to the Issuer. as provided in this Resolution. All Bonds shall (f) Non-Presentment of Bonds. In the event be negotiable as provided in Article 8 of the any payment check representing payment of Uniform Commercial Code and Section 384.31 principal of or interest on the Bonds is returned of the Code of Iowa, subject to the provisions to the Paying Agent or if any bond is not pre- for registration and transfer contained in the sented for payment of principal at the maturity Bonds and in this Resolution. or redemption date, if funds sufficient to pay (b) Transfer. The ownership of any Bond such principal of or interest on Bonds shall may be transferred only upon the Registration have been made available to the Paying Agent Books kept for the registration and transfer of for the benefit of the owner thereof, all liability Bonds and only upon surrender thereof at the of the Issuer to the owner thereof for such in- office of the Registrar together with an as-terest or payment of such Bonds shall forthwith signment duly executed by the holder or his cease, terminate and be completely dis- duly authorized attorney in fact in such form as charged, and thereupon it shall be the duty of shall be satisfactory to the Registrar, along the Paying Agent to hold such funds, without Book 139 Regular Session, October 19, 2009 377 liability for interest thereon, for the benefit of benefit hereunder unless the Registrar shall the owner of such Bonds who shall thereafter duly endorse and execute on such Bond a be restricted exclusively to such funds for any Certificate of Authentication substantially in the claim of whatever nature on his part under this form of the Certificate herein set forth. Such Resolution or on, or with respect to, such in-Certificate upon any Bond executed on behalf terest or Bonds. The Paying Agent's obligation of the Issuer shall be conclusive evidence that to hold such funds shall continue for a period the Bond so authenticated has been duly is- equal to two years and six months following sued under this Resolution and that the holder the date on which such interest or principal thereof is entitled to the benefits of this Reso- became due, whether at maturity, or at the lution. date fixed for redemption thereof, or otherwise, No Bonds shall be authenticated and deli- at which time the Paying Agent, shall surrend-vered by the Registrar unless and until there er any remaining funds so held to the Issuer, shall have been provided the following: whereupon any claim under this Resolution by 1. A certified copy of the Resolution of Is- the Owners of such interest or Bonds of what-suer authorizing the issuance of the Bonds; ever nature shall be made upon the Issuer. 2. A written order of Issuer signed by the (g) Registration and Transfer Fees. The Treasurer of the Issuer directing the authenti- Registrar may furnish to each owner, at the cation and delivery of the Bonds to or upon the Issuer's expense, one bond for each annual order of the Purchaser upon payment of the maturity. The Registrar shall furnish additional purchase price as set forth therein; bonds in lesser denominations (but not less 3. The approving opinion of Ahlers & Coo- than the minimum denomination) to an owner ney, P.C., Bond Counsel, concerning the valid- who so requests. ity and legality of all the Bonds proposed to be Section 9. Reissuance of Mutilated, De-issued. stroyed, Stolen or Lost Bonds. In case any Section 12. Right to Name Substitute Pay- outstanding Bond shall become mutilated or ing Agent or Registrar. Issuer reserves the be destroyed, stolen or lost, the Issuer shall at right to name a substitute, successor Registrar the request of Registrar authenticate and de-or Paying Agent upon giving prompt written liver a new Bond of like tenor and amount as notice to each registered bondholder. the Bond so mutilated, destroyed, stolen or Section 13. Form of Bond. Bonds shall be lost, in exchange and substitution for such printed in substantial compliance with stan- mutilated Bond to Registrar, upon surrender of dards proposed by the American Standards such mutilated Bond, or in lieu of and substitu-Institute substantially in the form as [provided]. tion for the Bond destroyed, stolen or lost, Section 14. Contract Between Issuer and upon filing with the Registrar evidence satis-Purchaser. This Resolution constitutes a con- factory to the Registrar and Issuer that such tract between said City and the purchaser of Bond has been destroyed, stolen or lost and the Bonds. proof of ownership thereof, and upon furnish-Section 15. Non-Arbitrage Covenants. The ing the Registrar and Issuer with satisfactory Issuer reasonably expects and covenants that indemnity and complying with such other rea-no use will be made of the proceeds from the sonable regulations as the Issuer or its agent issuance and sale of the Bonds issued he- may prescribe and paying such expenses as reunder which will cause any of the Bonds to the Issuer may incur in connection therewith. be classified as arbitrage bonds within the Section 10. Record Date. Payments of meaning of Sections 148(a) and (b) of the In- principal and interest, otherwise than upon full ternal Revenue Code of the United States, as redemption, made in respect of any Bond, amended, and that throughout the term of the shall be made to the registered holder thereof Bonds it will comply with the requirements of or to their designated agent as the same ap-statutes and regulations issued there under. pear on the books of the Registrar on the 15th To the best knowledge and belief of the Is- day preceding the payment date. All such suer, there are no facts or circumstances that payments shall fully discharge the obligations would materially change the foregoing state- of the Issuer in respect of such Bonds to the ments or the conclusion that it is not expected extent of the payments so made. Payment of that the proceeds of the Bonds will be used in principal shall only be made upon surrender of a manner that would cause the Bonds to be the Bond to the Paying Agent. arbitrage bonds. Without limiting the generality Section 11. Execution, Authentication and of the foregoing, the Issuer hereby agrees to Delivery of the Bonds. Upon the adoption of comply with the provisions of the Tax Certifi- this Resolution, the Mayor and Clerk shall ex-cate and the provisions of the Tax Certificate ecute and deliver the Bonds to the Registrar, are hereby incorporated by reference as part who shall authenticate the Bonds and deliver of this Resolution. The Treasurer is hereby the same to or upon order of the Purchaser. directed to make and insert all calculations and No Bond shall be valid or obligatory for any determinations necessary to complete the Tax purpose or shall be entitled to any right or Certificate in all respects and to execute and 378 Regular Session, October 19, 2009 Book 139 deliver the Tax Certificate at issuance of the part hereof. Notwithstanding any other provi- Bonds to certify as to the reasonable expecta-sion of this Resolution, failure of the Issuer to tions and covenants of the Issuer at that date. comply with the Continuing Disclosure Certifi- Section 16. Build America Bonds – Autho-cate shall not be considered an event of de- rization and Additional Covenants, Represen-fault under this Resolution; however, any hold- tations and Warranties of Issuer. er of the Bonds or Beneficial Owner may take (a) The Issuer authorizes and makes an ir-such actions as may be necessary and appro- revocable election designating the Bonds as priate, including seeking specific performance Build America Bonds (Direct Payment), pur-by court order, to cause the Issuer to comply suant to Section 54AA(g)(2) of the Code. The with its obligations under the Continuing Dis- Treasurer is authorized and directed to apply closure Certificate. For purposes of this sec- for a refundable direct pay credit as provided tion, "Beneficial Owner" means any person in section 6431 of the Code and to complete which (a) has the power, directly or indirectly, the form of Tax Certificate to be placed on file to vote or consent with respect to, or to dis- and which is hereby approved. The Treasurer pose of ownership of, any Bond (including or authorized designee is authorized and di-persons holding Bonds through nominees, rected to prepare and file IRS Form 8038-CP depositories or other intermediaries), or (b) is no earlier than 90 days and not later than 45 treated as the owner of any Bonds for federal days prior to each of the interest payment income tax purposes. dates for the Bonds. Section 18. Additional Covenants, Repre- (b) The Issuer covenants that one hundred sentations and Warranties of the Issuer. The percent of the available Project Proceeds, as Issuer certifies and covenants with the pur- defined in the Code, are to be used for "capital chasers and holders of the Bonds from time to expenditures", as defined in the Code. time outstanding that the Issuer through its Proceeds will not be used to reimburse capital officers, (a) will make such further specific expenditures incurred or expended prior to covenants, representations and assurances as September 11, 2009, except for those projects may be necessary or advisable; (b) comply described in Resolution No. 314-09, approved with all representations, covenants and assur- September 8, 2009. ances contained in the Tax Certificate, which (c) To the best knowledge and belief of the Tax Certificate shall constitute a part of the Issuer, (i) interest on the Bonds would be ex-contract between the Issuer and the owners of cludable from gross income under section 103 the Bonds;(c) consult with bond counsel (as of the Code, but for the election to designate defined in the Tax Certificate); (d) pay to the and issue the Bonds as Build America Bonds, United States, as necessary, such sums of and (ii) there are no facts or circumstances money representing required rebates of that would materially change the foregoing excess arbitrage profits relating to the statements or the conclusion that it is not ex-Bonds;(e) file such forms, statements and pected that the proceeds of the Bonds will be supporting documents as may be required and used in a manner that would cause the Bonds in a timely manner; and (f) if deemed neces- to be arbitrage bonds. The execution and deli-sary or advisable by its officers, to employ and very by the Mayor, Clerk, Treasurer or other pay fiscal agents, financial advisors, attorneys authorized officer, acting on behalf of the City and other persons to assist the Issuer in such of any documents, instruments, certifications compliance. and opinions, or the doing by them of any act Section 19. Amendment of Resolution to in connection with any of the matters which are Maintain Tax Exemption. This Resolution may the subject of this Resolution shall constitute be amended without the consent of any owner conclusive evidence of approval of the terms, of the Bonds if, in the opinion of bond counsel, provisions and contents thereof and all such amendment is necessary to maintain the changes, modifications, amendments, revi-Bonds as Build America Bonds under the sions and alterations made therein and shall Code and applicable Federal law or regula- conclusively establish their absolute, uncondi-tions. tional and irrevocable authority with respect Section 20. Severability Clause. If any sec- thereto and the authorization, approval and tion, paragraph, clause or provision of this ratification of the documents, instructions, cer-Resolution be held invalid, such invalidity shall tifications and opinions so executed in the ac-not affect any of the remaining provisions he- tions taken. reof, and this Resolution shall become effec- Section 17. Continuing Disclosure. The Is-tive immediately upon its passage and ap- suer hereby covenants and agrees that it will proval. comply with and carry out all of the provisions Section 21. Repeal of Conflicting Resolu- of the Continuing Disclosure Certificate, and tions or Ordinances. That all ordinances and the provisions of the Continuing Disclosure resolutions and parts of ordinances and reso- Certificate are hereby incorporated by refer-lutions in conflict herewith are hereby re- ence as part of this Resolution and made a pealed. Book 139 Regular Session, October 19, 2009 379 th Passed and approved this 19 day of Oc-NOW, THEREFORE, BE IT RESOLVED tober, 2009. BY THE CITY COUNCIL OF DUBUQUE, Roy D. Buol, Mayor IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That Wells Fargo Bank, National Association of Des Moines, Iowa, is hereby General Obligation Urban Renewal Bonds appointed to serve as Paying Agent, Bond – Series 2009B: City Manager recommending Registrar and Transfer Agent in connection approval of suggested proceedings to com-with the issuance of $11,175,000 General Ob- plete the action required for the issuance of ligation Urban Renewal Bonds, Series 2009B not to exceed $11,175,000 General Obligation (Taxable Build America Bonds), dated the date Urban Renewal Bonds – Series 2009B. Upon of delivery. motion the documents were received and filed Section 2. That the Agreement with Wells and Resolution No. 411-09 Appointing Wells Fargo Bank, National Association of Des Fargo Bank, National Association of Des Moines, Iowa, is hereby approved and that the Moines, Iowa, to serve as paying agent, bond Mayor and Clerk are authorized to sign the registrar, and transfer agent, approving the Agreement on behalf of the City. paying agent and bond registrar and transfer Passed and approved this 19th day of Oc- agent agreement and authorizing the execu-tober, 2009. tion of the agreement; and Resolution No. 412-Roy D. Buol, Mayor 09 Authorizing and providing for the issuance Attest: Jeanne F. Schneider, CMC, City Clerk of $11,175,000 General Obligation Urban Re- newal Bonds, Series 2009B and levying a tax Council Member Lynch moved that the to pay said bonds were adopted. form of Tax Certificate be placed on file and approved. Council Member Voetberg Council Member Lynch introduced the fol-seconded the motion. The roll was called and lowing resolution and moved that the resolu-the vote was, Ayes: Braig, Buol, Connors, tion be adopted. Council Member Voetberg Jones, Lynch, Resnick, Voetberg; Nays: None. seconded the motion to adopt. The roll was Council Member Lynch moved that the called and the vote was, Ayes: Braig, Buol, form of Continuing Disclosure Certificate be Connors, Jones, Lynch, Resnick, Voetberg; placed on file and approved. Council Member Nays: None. Voetberg seconded the motion. The roll was called and the vote was, Ayes: Braig, Buol, RESOLUTION NO. 411-09 Connors, Jones, Lynch, Resnick, Voetberg; APPOINTING WELLS FARGO BANK, NA- Nays: None. TIONAL ASSOCIATION OF DES MOINES, Council Member Lynch introduced the fol- IOWA, TO SERVE AS PAYING AGENT, lowing Resolution and moved that it be BOND REGISTRAR, AND TRANSFER adopted. Council Member Voetberg seconded AGENT, APPROVING THE PAYING AGENT the motion to adopt, and the roll being called AND BOND REGISTRAR AND TRANSFER thereon, the vote was as follows: Ayes: Braig, AGENT AGREEMENT AND AUTHORIZING Buol, Connors, Jones, Lynch, Resnick, Voet- THE EXECUTION OF THE AGREEMENT berg; Nays: None. WHEREAS, pursuant to the provisions of RESOLUTION NO. 412-09 Chapter 75 of the Code of Iowa, $11,175,000 AUTHORIZING AND PROVIDING FOR THE General Obligation Urban Renewal Bonds, ISSUANCE OF $11,175,000 GENERAL OB- Series 2009B (Taxable Build America Bonds), LIGATION URBAN RENEWAL BONDS, SE- dated the date of delivery, have been sold at RIES 2009B, (TAXABLE BUILD AMERICA public sale and action should now be taken to BONDS), AND LEVYING A TAX TO PAY provide for the maintenance of records, regis- SAID BONDS tration of certificates and payment of principal and interest in connection with the issuance of WHEREAS, the Issuer is duly incorpo- the Bonds; and rated, organized and exists under and by vir- WHEREAS, this Council has deemed that tue of the laws and Constitution of the State of the services offered by Wells Fargo Bank, Na-Iowa; and tional Association of Des Moines, Iowa, are WHEREAS, the Issuer is in need of funds necessary for compliance with rules, regula-to pay costs of aiding in the planning, under- tions, and requirements governing the registra-taking and carrying out of urban renewal tion, transfer and payment of registered project activities under the authority of Chapter Bonds; and 403 of the Code of Iowa and the Amended and WHEREAS, a Paying Agent, Bond Regi-Restated Urban Renewal Plans for the Greater strar and Transfer Agent Agreement (hereafter Downtown Urban Renewal District and the "Agreement") has been prepared to be entered Dubuque Industrial Center West Economic into between the City and Wells Fargo Bank, Development District, including those costs National Association. associated with the construction of a multi- 380 Regular Session, October 19, 2009 Book 139 story public parking ramp located at 5th and and Reinvestment Act of 2009 and such guid- Bluff Streets, and the construction of street, ance with respect thereto as may be issued by sewer, sidewalk, trail and other public infra-the Internal Revenue Service or Department of structure improvements within Dubuque Indus-the Treasury from time to time.  trial Center West, and it is deemed necessary "Continuing Disclosure Certificate" and advisable that the City issue general obli- shall mean that certain Continuing Disclosure gation urban renewal bonds for said purpose Certificate executed by the Issuer and dated to the amount of not to exceed $13,500,000 as the date of issuance and delivery of the Bonds, authorized by Sections 403.12 and as originally executed and as it may be 384.24(3)(q) of the Code of Iowa; and amended from time to time in accordance with WHEREAS, pursuant to notice published the terms thereof. as required by Sections 403.12 and  "Depository Bonds" shall mean the 384.24(3)(q) this Council has held a public Bonds as issued in the form of one global cer- meeting and hearing upon the proposal to in- tificate for each maturity, registered in the Reg- stitute proceedings for the issuance of the istration Books maintained by the Registrar in above described Bonds, and no petitions were the name of DTC or its nominee. filed calling for an election thereon and all ob-  "DTC" shall mean The Depository jections, if any, to such Council action made by Trust Company, New York, New York, a li- any resident or property owner of said City mited purpose trust company, or any succes- were received and considered by the Council; sor book-entry securities depository appointed and it is the decision of the Council that addi- for the Bonds. tional action be taken for the issuance of said  "Issuer" and "City" shall mean the Bonds, and that such action is considered to City of Dubuque, Iowa. be in the best interests of said City and the  "Participants" shall mean those bro- residents thereof; and ker-dealers, banks and other financial institu- WHEREAS, pursuant to the provisions of tions for which DTC holds Bonds as securities Chapter 75 of the Code of Iowa, the above depository. mentioned Bonds in the aggregate principal  "Paying Agent" shall mean Wells amount of $11,175,000 were heretofore sold at Fargo Bank, National Association, or such public sale and action should now be taken to successor as may be approved by Issuer as issue said Bonds conforming to the terms and provided herein and who shall carry out the conditions of the best bid received at the ad- duties prescribed herein as Issuer's agent to vertised public sale: provide for the payment of principal of and NOW, THEREFORE, BE IT RESOLVED interest on the Bonds as the same shall be- BY THE COUNCIL OF THE CITY OF DUBU- come due. QUE, IOWA:  "Project Fund" shall mean the fund Section 1. Definitions. The following terms required to be established by this Resolution shall have the following meanings in this Reso- for the deposit of the proceeds of the Bonds. lution unless the text expressly or by neces-  "Rebate Fund" shall mean the fund sary implication requires otherwise: so defined in and established pursuant to the  "Authorized Denominations" shall Tax Certificate. mean $5,000 or any integral multiple thereof.  "Registrar" shall mean Wells Fargo  "Beneficial Owner" shall mean the Bank, National Association of Des Moines, person in whose name such Bond is recorded Iowa, or such successor as may be approved as the beneficial owner of a Bond by a Partici- by Issuer as provided herein and who shall pant on the records of such Participant or such carry out the duties prescribed herein with person's subrogee. respect to maintaining a register of the owners  "Bond Fund" shall mean the fund of the Bonds. Unless otherwise specified, the created in Section 3 of this Resolution. Registrar shall also act as Transfer Agent for  "Bonds" shall mean $11,175,000 the Bonds. General Obligation Urban Renewal Bonds,  "Representation Letter" shall mean Series 2009B (Taxable Build America Bonds), the Blanket Issuer Letter of Representations authorized to be issued by this Resolution. executed and delivered by the Issuer to DTC  "Build America Bonds" shall mean the on file with DTC. Bonds as authorized by Sections 54AA and  "Resolution" shall mean this resolu- 6431 of the Code. tion authorizing the Bonds.  "Cede & Co." shall mean Cede & Co.,  "Subsidy Payments" shall mean all the nominee of DTC, and any successor no- payments received by the Issuer as a result of minee of DTC with respect to the Bonds. the Issuer’s election to designate the Bonds as  "Code" shall mean the Internal Reve- Build America Bonds. nue Code of 1986 and the Regulations there  "Tax Certificate" shall mean the Tax under and including the American Recovery Certificate executed by the Treasurer and deli- Book 139 Regular Session, October 19, 2009 381 vered at the time of issuance and delivery of purpose of paying principal and interest on the Bonds. said Bonds issued in anticipation of said tax,  and for no other purpose whatsoever. "Treasurer" shall mean the Finance (c) Additional City Funds Available. Prin- Director or such other officer as shall succeed cipal and interest coming due at any time to the same duties and responsibilities with when the proceeds of said tax on hand shall respect to the recording and payment of the be insufficient to pay the same shall be Bonds issued hereunder. promptly paid when due from current funds of Section 2. Levy and Certification of Annual the City available for that purpose and reim- Tax; Other Funds to be Used. bursement shall be made from such special (a) Levy of Annual Tax. That for the pur- fund in the amounts thus advanced. pose of providing funds to pay the principal (d) Subsidy Fund. All Subsidy Payments and interest of the Bonds hereinafter autho- received by the Issuer shall be deposited in rized to be issued, there is hereby levied for the Subsidy Fund, a sub-fund within the Bond each future year the following direct annual tax Fund, which is hereby established by the Issu- on all of the taxable property in Dubuque, er. The Issuer shall apply all funds in the Bond Iowa, to-wit: Fund as provided in the Tax Certificate, and shall adjust the levies set forth in Section 2(a) FISCAL YEAR above to the extent that Subsidy Funds are (JULY 1 TO JUNE 30) available to pay principal and interest on the AMOUNT* YEAR OF COLLECTION Bonds. $274,801* 2009/2010 Section 3. Bond Fund. Said tax shall be $942,181 2010/2011 collected each year at the same time and in $940,431 2011/2012 the same manner as, and in addition to, all $940,763 2012/2013 other taxes in and for the City, and when col- $939,719 2013/2014 lected they shall be converted into a special $934,875 2014/2015 fund within the Debt Service Fund to be known $934,113 2015/2016 as the "GENERAL OBLIGATION BOND FUND $930,363 2016/2017 2009B" (the "Bond Fund"), which is hereby $929,119 2017/2018 pledged for and shall be used only for the $916,381 2018/2019 payment of the principal of and interest on the $916,856 2019/2020 Bonds hereinafter authorized to be issued; and $909,781 2020/2021 also there shall be apportioned to said fund its $901,756 2021/2022 proportion of taxes received by the City from $891,256 2022/2023 property that is centrally assessed by the State $884,756 2023/2024 of Iowa, and all Subsidy Payments received in $882,006 2024/2025 connection with the Bonds. $871,900 2025/2026 Section 4. Application of Bond Proceeds – $859,625 2026/2027 Project Fund. Proceeds of the Bonds shall be applied as follows: $850,119 2027/2028  An amount equal to $143,784 shall $844,000 2028/2029 be credited to the Costs of Issuance Fund which is hereby created and expended for the * Capitalized interest will be used together costs of issuance of the Bonds including, but with available City funds to pay the principal not limited to, underwriting discount, account- and interest of the Bonds coming due in ing and legal fees, printing costs, Trustee, Re- 2009/2010. gistrar, Paying Agent and rating agency fees (NOTE: For example the levy to be made and expenses, and other fees relating to the and certified against the taxable valuations of issuance of the Bonds. In no event shall an January 1, 2008 will be collected during the amount in excess of two percent (2%) of the fiscal year commencing July 1, 2009.) sale proceeds of the Bonds be used to pay (b) Resolution to be Filed With County Au- costs of issuance. ditor. A certified copy of this Resolution should  An amount equal to $179,107 shall be filed with the County Auditor of Dubuque County, State of Iowa, and said Auditor is he-be credited to the Bond Fund as pre- reby instructed in and for each of the years as construction capitalized interest and used to provided, to levy and assess the tax hereby pay a portion of the interest coming due on the authorized in Section 2 of this Resolution, in Bonds on June 1, 2010.  like manner as other taxes are levied and as- An amount equal to $10,870,438 sessed, and such taxes so levied in and for shall be credited to the Project Fund which is each of the years aforesaid be collected in like hereby created, and shall be expended only manner as other taxes of the City are col- for capital expenditures as defined in the lected, and when collected be used for the Code. 382 Regular Session, October 19, 2009 Book 139 Any amounts on hand in the Project Fund thereof. The Bonds shall mature and bear in- shall be available for the payment of the prin-terest as follows: cipal of or interest on the Bonds at any time that other funds shall be insufficient to the pur- Principal Interest Maturity pose, in which event such funds shall be repa- Amount Rate June 1st id to the Project Fund at the earliest opportuni- $450,000 1.500% 2011 ty. Any balance on hand in the Project Fund $455,000 2.125% 2012 and not immediately required for its purposes $465,000 2.375% 2013 may be invested not inconsistent with limita- $475,000 3.125% 2014 tions provided by law or this Resolution. $485,000 3.250% 2015 Section 5. Investments of Bond Fund $500,000 3.750% 2016 Proceeds. All moneys held in the Bond Fund, $515,000 4.125% 2017 provided for by Section 3 of this Resolution $535,000 4.250% 2018 shall be invested in investments permitted by $545,000 4.500% 2019 Chapter 12B, Code of Iowa, 2009 (formerly $570,000 4.750% 2020 Chapter 452, Code of Iowa, as amended) or $590,000 4.750% 2021 deposited in financial institutions which are $610,000 5.000% 2022 members of the Federal Deposit Insurance $630,000 5.000% 2023 Corporation and the deposits in which are in- $655,000 5.000% 2024 sured thereby and all such deposits exceeding $685,000 5.125% 2025 the maximum amount insured from time to $710,000 5.250% 2026 time by FDIC or its equivalent successor in $735,000 5.375% 2027 any one financial institution shall be conti- $765,000 5.375% 2028 nuously secured in compliance with the State $800,000 5.500% 2029 Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or oth- erwise by a valid pledge of direct obligations of (b) Redemption. Bonds maturing after June the United States Government having an 1, 2017 may be called for redemption by the equivalent market value. All such interim in- Issuer and paid before maturity on said date or vestments shall mature before the date on any date thereafter, from any funds regardless which the moneys are required for payment of of source, in whole or from time to time in part, principal of or interest on the Bonds as herein in any order of maturity and within an annual provided. maturity by lot. The terms of redemption shall Section 6. Bond Details, Execution and be par, plus accrued interest to date of call. Redemption. Thirty days' notice of redemption shall be (a) Bond Details. General Obligation Urban given by first class mail to the registered owner Renewal Bonds of the City in the amount of the Bond. Failure to give such notice by mail of $11,175,000, shall be issued pursuant to to any registered owner of the Bonds or any the provisions of Section 403.12 of the defect therein shall not affect the validity of any Code of Iowa for the aforesaid purpose. proceedings for the redemption of the Bonds. The Bonds shall be designated "GENERAL All bonds or portions thereof called for re- OBLIGATION URBAN RENEWAL BOND, demption will cease to bear interest after the SERIES 2009B (TAXABLE BUILD AMER- specified redemption date, provided funds for ICA BONDS)", be dated the date of deli- their redemption are on deposit at the place of very, and bear interest from the date the- payment. reof, until payment thereof, at the office of If selection by lot within a maturity is re- the Paying Agent, said interest payable on quired, the Registrar shall designate the bonds June 1, 2010, and semiannually thereafter to be redeemed by random selection of the on the 1st day of June and December in names of the registered owners of the entire each year until maturity at the rates herei- annual maturity until the total amount of bonds nafter provided. to be called has been reached. The Bonds shall be executed by the ma- Section 7. Issuance of Bonds in Book- nual or facsimile signature of the Mayor and Entry Form; Replacement Bonds. attested by the manual or facsimile signature (a) Notwithstanding the other provisions of of the Clerk, and impressed or printed with the this Resolution regarding registration, owner- seal of the City and shall be fully registered as ship, transfer, payment and exchange of the to both principal and interest as provided in Bonds, unless the Issuer determines to permit this Resolution; principal, interest and pre- the exchange of Depository Bonds for Bonds mium, if any, shall be payable at the office of in the Authorized Denominations, the Bonds the Paying Agent by mailing of a check to the shall be issued as Depository Bonds in deno- registered owner of the Bond. The Bonds shall minations of the entire principal amount of be in the denomination of $5,000 or multiples each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal Book 139 Regular Session, October 19, 2009 383 amount less the prepaid amount); and such ry, or (ii) a determination by DTC that the Depository Bonds shall be registered in the Bonds are no longer eligible for its depository name of Cede & Co., as nominee of DTC. services or (iii) a determination by the Paying Payment of semi-annual interest for any De-Agent that DTC has resigned or discontinued pository Bond shall be made by wire transfer its services for the Bonds, if such substitution or New York Clearing House or equivalent is authorized by law, the Issuer shall (A) de- next day funds to the account of Cede & Co. signate a satisfactory substitute depository as on the interest payment date for the Bonds at set forth below or, if a satisfactory substitute is the address indicated in or pursuant to the not found, (B) provide for the exchange of De- Representation Letter. pository Bonds for replacement Bonds in Au- (b) With respect to Depository Bonds, nei-thorized Denominations. ther the Issuer nor the Paying Agent shall have (d) To the extent authorized by law, if the any responsibility or obligation to any Partici-Issuer determines to provide for the exchange pant or to any Beneficial Owner. Without limit-of Depository Bonds for Bonds in Authorized ing the immediately preceding sentence, nei-Denominations, the Issuer shall so notify the ther the Issuer nor the Paying Agent shall have Paying Agent and shall provide the Registrar any responsibility or obligation with respect to with a supply of executed unauthenticated (i) the accuracy of the records of DTC or its Bonds to be so exchanged. The Registrar shall nominee or of any Participant with respect to thereupon notify the owners of the Bonds and any ownership interest in the Bonds, (ii) the provide for such exchange, and to the extent delivery to any Participant, any Beneficial that the Beneficial Owners are designated as Owner or any other person, other than DTC or the transferee by the owners, the Bonds will be its nominee, of any notice with respect to the delivered in appropriate form, content and Au- Bonds, (iii) the payment to any Participant, any thorized Denominations to the Beneficial Own- Beneficial Owner or any other person, other ers, as their interests appear. than DTC or its nominee, of any amount with (e) Any substitute depository shall be des- respect to the principal of, premium, if any, or ignated in writing by the Issuer to the Paying interest on the Bonds, or (iv) the failure of DTC Agent. Any such substitute depository shall be to provide any information or notification on a qualified and registered "clearing agency" as behalf of any Participant or Beneficial Owner. provided in Section 17A of the Securities Ex- The Issuer and the Paying Agent may treat change Act of 1934, as amended. The substi- DTC or its nominee as, and deem DTC or its tute depository shall provide for (i) immobiliza- nominee to be, the absolute owner of each tion of the Depository Bonds, (ii) registration Bond for the purpose of payment of the prin-and transfer of interests in Depository Bonds cipal of, premium, if any, and interest on such by book entries made on records of the depo- Bond, for the purpose of all other matters with sitory or its nominee and (iii) payment of prin- respect to such Bond, for the purpose of regis-cipal of, premium, if any, and interest on the tering transfers with respect to such Bonds, Bonds in accordance with and as such inter- and for all other purposes whatsoever (except ests may appear with respect to such book for the giving of certain Bond holder consents, entries. in accordance with the practices and proce-Section 8. Registration of Bonds; Appoint- dures of DTC as may be applicable thereto). ment of Registrar; Transfer; Ownership; Deli- The Paying Agent shall pay all principal of, very; and Cancellation. premium, if any, and interest on the Bonds (a) Registration. The ownership of Bonds only to or upon the order of the Bondholders may be transferred only by the making of an as shown on the Registration Books, and all entry upon the books kept for the registration such payments shall be valid and effective to and transfer of ownership of the Bonds, and in fully satisfy and discharge the Issuer's obliga-no other way. Wells Fargo Bank, National As- tions with respect to the principal of, premium, sociation is hereby appointed as Bond Regi- if any, and interest on the Bonds to the extent strar under the terms of this Resolution and so paid. Notwithstanding the provisions of this under the provisions of a separate agreement Resolution to the contrary (including without with the Issuer filed herewith which is made a limitation those provisions relating to the sur-part hereof by this reference. Registrar shall render of Bonds, registration thereof, and is-maintain the books of the Issuer for the regis- suance in Authorized Denominations), as long tration of ownership of the Bonds for the pay- as the Bonds are Depository Bonds, full effect ment of principal of and interest on the Bonds shall be given to the Representation Letter and as provided in this Resolution. All Bonds shall the procedures and practices of DTC there be negotiable as provided in Article 8 of the under, and the Paying Agent shall comply the-Uniform Commercial Code and Section 384.31 rewith. of the Code of Iowa, subject to the provisions (c) Upon (i) a determination by the Issuer for registration and transfer contained in the that DTC is no longer able to carry out its func-Bonds and in this Resolution. tions or is otherwise determined unsatisfacto- 384 Regular Session, October 19, 2009 Book 139 (b) Transfer. The ownership of any Bond such principal of or interest on Bonds shall may be transferred only upon the Registration have been made available to the Paying Agent Books kept for the registration and transfer of for the benefit of the owner thereof, all liability Bonds and only upon surrender thereof at the of the Issuer to the owner thereof for such in- office of the Registrar together with an as-terest or payment of such Bonds shall forthwith signment duly executed by the holder or his cease, terminate and be completely dis- duly authorized attorney in fact in such form as charged, and thereupon it shall be the duty of shall be satisfactory to the Registrar, along the Paying Agent to hold such funds, without with the address and social security number or liability for interest thereon, for the benefit of federal employer identification number of such the owner of such Bonds who shall thereafter transferee (or, if registration is to be made in be restricted exclusively to such funds for any the name of multiple individuals, of all such claim of whatever nature on his part under this transferees). In the event that the address of Resolution or on, or with respect to, such in- the registered owner of a Bond (other than a terest or Bonds. The Paying Agent's obligation registered owner which is the nominee of the to hold such funds shall continue for a period broker or dealer in question) is that of a broker equal to two years and six months following or dealer, there must be disclosed on the Reg-the date on which such interest or principal istration Books the information pertaining to became due, whether at maturity, or at the the registered owner required above. Upon the date fixed for redemption thereof, or otherwise, transfer of any such Bond, a new fully regis-at which time the Paying Agent, shall surrend- tered Bond, of any denomination or denomina-er any remaining funds so held to the Issuer, tions permitted by this Resolution in aggregate whereupon any claim under this Resolution by principal amount equal to the unmatured and the Owners of such interest or Bonds of what- unredeemed principal amount of such trans-ever nature shall be made upon the Issuer. ferred fully registered Bond, and bearing inter-(g) Registration and Transfer Fees. The est at the same rate and maturing on the same Registrar may furnish to each owner, at the date or dates shall be delivered by the Regi-Issuer's expense, one bond for each annual strar. maturity. The Registrar shall furnish additional (c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less cases of the transfer of the Bonds, the Regi-than the minimum denomination) to an owner strar shall register, at the earliest practicable who so requests. time, on the Registration Books, the Bonds, in Section 9. Reissuance of Mutilated, De- accordance with the provisions of this Resolu-stroyed, Stolen or Lost Bonds. In case any tion. outstanding Bond shall become mutilated or (d) Ownership. As to any Bond, the person be destroyed, stolen or lost, the Issuer shall at in whose name the ownership of the same the request of Registrar authenticate and de- shall be registered on the Registration Books liver a new Bond of like tenor and amount as of the Registrar shall be deemed and regarded the Bond so mutilated, destroyed, stolen or as the absolute owner thereof for all purposes, lost, in exchange and substitution for such and payment of or on account of the principal mutilated Bond to Registrar, upon surrender of of any such Bonds and the premium, if any, such mutilated Bond, or in lieu of and substitu- and interest thereon shall be made only to or tion for the Bond destroyed, stolen or lost, upon the order of the registered owner thereof upon filing with the Registrar evidence satis- or his legal representative. All such payments factory to the Registrar and Issuer that such shall be valid and effectual to satisfy and dis-Bond has been destroyed, stolen or lost and charge the liability upon such Bond, including proof of ownership thereof, and upon furnish- the interest thereon, to the extent of the sum or ing the Registrar and Issuer with satisfactory sums so paid. indemnity and complying with such other rea- (e) Cancellation. All Bonds which have sonable regulations as the Issuer or its agent been redeemed shall not be reissued but shall may prescribe and paying such expenses as be cancelled by the Registrar. All Bonds which the Issuer may incur in connection therewith. are cancelled by the Registrar shall be de-Section 10. Record Date. Payments of stroyed and a certificate of the destruction principal and interest, otherwise than upon full thereof shall be furnished promptly to the Issu-redemption, made in respect of any Bond, er; provided that if the Issuer shall so direct, shall be made to the registered holder thereof the Registrar shall forward the cancelled or to their designated agent as the same ap- Bonds to the Issuer. pear on the books of the Registrar on the 15th (f) Non-Presentment of Bonds. In the event day preceding the payment date. All such any payment check representing payment of payments shall fully discharge the obligations principal of or interest on the Bonds is returned of the Issuer in respect of such Bonds to the to the Paying Agent or if any bond is not pre-extent of the payments so made. Payment of sented for payment of principal at the maturity principal shall only be made upon surrender of or redemption date, if funds sufficient to pay the Bond to the Paying Agent. Book 139 Regular Session, October 19, 2009 385 Section 11. Execution, Authentication and of the foregoing, the Issuer hereby agrees to Delivery of the Bonds. Upon the adoption of comply with the provisions of the Tax Certifi- this Resolution, the Mayor and Clerk shall ex-cate and the provisions of the Tax Certificate ecute and deliver the Bonds to the Registrar, are hereby incorporated by reference as part who shall authenticate the Bonds and deliver of this Resolution. The Treasurer is hereby the same to or upon order of the Purchaser. directed to make and insert all calculations and No Bond shall be valid or obligatory for any determinations necessary to complete the Tax purpose or shall be entitled to any right or Certificate in all respects and to execute and benefit hereunder unless the Registrar shall deliver the Tax Certificate at issuance of the duly endorse and execute on such Bond a Bonds to certify as to the reasonable expecta- Certificate of Authentication substantially in the tions and covenants of the Issuer at that date. form of the Certificate herein set forth. Such Section 16. Build America Bonds – Autho- Certificate upon any Bond executed on behalf rization and Additional Covenants, Represen- of the Issuer shall be conclusive evidence that tations and Warranties of Issuer. the Bond so authenticated has been duly is-(a) The Issuer authorizes and makes an ir- sued under this Resolution and that the holder revocable election designating the Bonds as thereof is entitled to the benefits of this Reso-Build America Bonds (Direct Payment), pur- lution. suant to Section 54AA(g)(2) of the Code. The No Bonds shall be authenticated and deli-Treasurer is authorized and directed to apply vered by the Registrar unless and until there for a refundable direct pay credit as provided shall have been provided the following: in section 6431 of the Code and to complete 1. A certified copy of the Resolution of Is-the form of Tax Certificate to be placed on file suer authorizing the issuance of the Bonds; and which is hereby approved. The Treasurer 2. A written order of Issuer signed by the or authorized designee is authorized and di- Treasurer of the Issuer directing the authenti-rected to prepare and file IRS Form 8038-CP cation and delivery of the Bonds to or upon the no earlier than 90 days and not later than 45 order of the Purchaser upon payment of the days prior to each of the interest payment purchase price as set forth therein; dates for the Bonds. 3. The approving opinion of Ahlers & Coo-(b) The Issuer covenants that one hundred ney, P.C., Bond Counsel, concerning the valid-percent of the available Project Proceeds, as ity and legality of all the Bonds proposed to be defined in the Code, are to be used for "capital issued. expenditures", as defined in the Code. Section 12. Right to Name Substitute Pay-Proceeds will not be used to reimburse capital ing Agent or Registrar. Issuer reserves the expenditures incurred or expended prior to right to name a substitute, successor Registrar September 11, 2009, except for those projects or Paying Agent upon giving prompt written described in Resolution No. 314-09, approved notice to each registered bondholder. September 8, 2009. Section 13. Form of Bond. Bonds shall be (c) To the best knowledge and belief of the printed in substantial compliance with stan-Issuer, (i) interest on the Bonds would be ex- dards proposed by the American Standards cludable from gross income under section 103 Institute substantially in the form as [provided]. of the Code, but for the election to designate Section 14. Contract Between Issuer and and issue the Bonds as Build America Bonds, Purchaser. This Resolution constitutes a con-and (ii) there are no facts or circumstances tract between said City and the purchaser of that would materially change the foregoing the Bonds. statements or the conclusion that it is not ex- Section 15. Non-Arbitrage Covenants. The pected that the proceeds of the Bonds will be Issuer reasonably expects and covenants that used in a manner that would cause the Bonds no use will be made of the proceeds from the to be arbitrage bonds. The execution and deli- issuance and sale of the Bonds issued he-very by the Mayor, Clerk, Treasurer or other reunder which will cause any of the Bonds to authorized officer, acting on behalf of the City be classified as arbitrage bonds within the of any documents, instruments, certifications meaning of Sections 148(a) and (b) of the In-and opinions, or the doing by them of any act ternal Revenue Code of the United States, as in connection with any of the matters which are amended, and that throughout the term of the the subject of this Resolution shall constitute Bonds it will comply with the requirements of conclusive evidence of approval of the terms, statutes and regulations issued there under. provisions and contents thereof and all To the best knowledge and belief of the Is-changes, modifications, amendments, revi- suer, there are no facts or circumstances that sions and alterations made therein and shall would materially change the foregoing state-conclusively establish their absolute, uncondi- ments or the conclusion that it is not expected tional and irrevocable authority with respect that the proceeds of the Bonds will be used in thereto and the authorization, approval and a manner that would cause the Bonds to be ratification of the documents, instructions, cer- arbitrage bonds. Without limiting the generality 386 Regular Session, October 19, 2009 Book 139 tifications and opinions so executed in the ac-not affect any of the remaining provisions he- tions taken. reof, and this Resolution shall become effec- Section 17. Continuing Disclosure. The Is-tive immediately upon its passage and ap- suer hereby covenants and agrees that it will proval. comply with and carry out all of the provisions Section 21. Repeal of Conflicting Resolu- of the Continuing Disclosure Certificate, and tions or Ordinances. That all ordinances and the provisions of the Continuing Disclosure resolutions and parts of ordinances and reso- Certificate are hereby incorporated by refer-lutions in conflict herewith are hereby re- ence as part of this Resolution and made a pealed. th part hereof. Notwithstanding any other provi-Passed and approved this 19 day of Oc- sion of this Resolution, failure of the Issuer to tober, 2009. comply with the Continuing Disclosure Certifi-Roy D. Buol, Mayor cate shall not be considered an event of de-Attest: Jeanne F. Schneider, CMC, City Clerk fault under this Resolution; however, any hold- er of the Bonds or Beneficial Owner may take General Obligation Refunding Bonds – Se- such actions as may be necessary and appro-ries 2009C: City Manager recommending ap- priate, including seeking specific performance proval of suggested proceedings to complete by court order, to cause the Issuer to comply the action required for the issuance of not to with its obligations under the Continuing Dis-exceed $8,885,000 General Obligation Re- closure Certificate. For purposes of this sec-funding Bonds – Series 2009C. Upon motion tion, "Beneficial Owner" means any person the documents were received and filed and which (a) has the power, directly or indirectly, Resolution No. 413-09 Appointing Wells Fargo to vote or consent with respect to, or to dis-Bank, National Association of Des Moines, pose of ownership of, any Bond (including Iowa, to serve as paying agent, bond registrar, persons holding Bonds through nominees, and transfer agent, approving the paying agent depositories or other intermediaries), or (b) is and bond registrar and transfer agent agree- treated as the owner of any Bonds for federal ment and authorizing the execution of the income tax purposes. agreement; and Resolution No. 414-09 Autho- Section 18. Additional Covenants, Repre-rizing and providing for the issuance of sentations and Warranties of the Issuer. The $8,885,000 General Obligation Refunding Issuer certifies and covenants with the pur-Bonds – Series 2009C and levying a tax to pay chasers and holders of the Bonds from time to said bonds were adopted. time outstanding that the Issuer through its officers, (a) will make such further specific Council Member Lynch introduced the fol- covenants, representations and assurances as lowing resolution and moved that the resolu- may be necessary or advisable; (b) comply tion be adopted. Council Member Voetberg with all representations, covenants and assur-seconded the motion to adopt. The roll was ances contained in the Tax Certificate, which called and the vote was, Ayes: Braig, Buol, Tax Certificate shall constitute a part of the Connors, Jones, Lynch, Resnick, Voetberg; contract between the Issuer and the owners of Nays: None. the Bonds;(c) consult with bond counsel (as RESOLUTION NO. 413-09 defined in the Tax Certificate); (d) pay to the APPOINTING WELLS FARGO BANK, NA- United States, as necessary, such sums of TIONAL ASSOCIATION OF DES MOINES, money representing required rebates of IOWA, TO SERVE AS PAYING AGENT, excess arbitrage profits relating to the BOND REGISTRAR, AND TRANSFER Bonds;(e) file such forms, statements and AGENT, APPROVING THE PAYING AGENT supporting documents as may be required and AND BOND REGISTRAR AND TRANSFER in a timely manner; and (f) if deemed neces- AGENT AGREEMENT AND AUTHORIZING sary or advisable by its officers, to employ and THE EXECUTION OF THE AGREEMENT pay fiscal agents, financial advisors, attorneys and other persons to assist the Issuer in such WHEREAS, pursuant to the provisions of compliance. Chapter 75 of the Code of Iowa, $8,885,000 Section 19. Amendment of Resolution to General Obligation Refunding Bonds, Series Maintain Tax Exemption. This Resolution may 2009C, dated the date of delivery, have been be amended without the consent of any owner sold at public sale and action should now be of the Bonds if, in the opinion of bond counsel, taken to provide for the maintenance of such amendment is necessary to maintain the records, registration of certificates and pay- Bonds as Build America Bonds under the ment of principal and interest in connection Code and applicable Federal law or regula-with the issuance of the Bonds; and tions. WHEREAS, this Council has deemed that Section 20. Severability Clause. If any sec-the services offered by Wells Fargo Bank, Na- tion, paragraph, clause or provision of this tional Association of Des Moines, Iowa, are Resolution be held invalid, such invalidity shall necessary for compliance with rules, regula- Book 139 Regular Session, October 19, 2009 387 tions, and requirements governing the registra-cember 15, 2001, and the General Obligation tion, transfer and payment of registered Bonds, Series 2002, dated December 15, Bonds; and 2001, an essential corporate purpose, and it is WHEREAS, a Paying Agent, Bond Regi-deemed necessary and advisable that General strar and Transfer Agent Agreement (hereafter Obligation Refunding Bonds, Series 2009C, to "Agreement") has been prepared to be entered the amount of not to exceed $9,500,000 be into between the City and Wells Fargo Bank, authorized for said purpose; and National Association. WHEREAS, pursuant to notice published NOW, THEREFORE, BE IT RESOLVED as required by Section 384.25 of said Code, BY THE CITY COUNCIL OF DUBUQUE, this Council has held a public meeting and IOWA: hearing upon the proposal to institute proceed- Section 1. That Wells Fargo Bank, National ings for the issuance of the Bonds, and the Association of Des Moines, Iowa, is hereby Council is therefore now authorized to proceed appointed to serve as Paying Agent, Bond with the issuance of such Bonds; and Registrar and Transfer Agent in connection WHEREAS, pursuant to the provisions of with the issuance of $8,885,000 General Obli-Chapter 75 of the Code of Iowa, the above gation Refunding Bonds, Series 2009C, dated mentioned Bonds in the aggregate principal the date of delivery. amount of $8,885,000 were heretofore sold at Section 2. That the Agreement with Wells public sale and action should now be taken to Fargo Bank, National Association of Des issue said Bonds conforming to the terms and Moines, Iowa, is hereby approved and that the conditions of the best bid received at the ad- Mayor and Clerk are authorized to sign the vertised public sale: Agreement on behalf of the City. NOW, THEREFORE, BE IT RESOLVED th Passed and approved this 19 day of Oc-BY THE COUNCIL OF THE CITY OF DUBU- tober, 2009. QUE, IOWA: Roy D. Buol, Mayor Section 1. Definitions. The following terms Attest: Jeanne F. Schneider, CMC, City Clerk shall have the following meanings in this Reso- lution unless the text expressly or by neces- Council Member Lynch moved that the sary implication requires otherwise:  form of Tax Exemption Certificate be placed "Authorized Denominations" shall on file and approved. Council Member Voet- mean $5,000 or any integral multiple thereof. berg seconded the motion. The roll was called  "Beneficial Owner" shall mean the and the vote was, Ayes: Braig, Buol, Connors, person in whose name such Bond is recorded Jones, Lynch, Resnick, Voetberg; Nays: None. as the beneficial owner of a Bond by a Partici- Council Member Lynch moved that the pant on the records of such Participant or such form of Continuing Disclosure Certificate be person's subrogee. placed on file and approved. Council Member  "Bond Fund" shall mean the fund Voetberg seconded the motion. The roll was created in Section 3 of this Resolution. called and the vote was, Ayes: Braig, Buol,  "Bonds" shall mean $8,885,000 Gen- Connors, Jones, Lynch, Resnick, Voetberg; eral Obligation Refunding Bonds, Series Nays: None. 2009C, authorized to be issued by this Resolu- Council Member Lynch introduced the fol- tion. lowing Resolution and moved that it be  "Cede & Co." shall mean Cede & Co., adopted. Council Member Voetberg seconded the nominee of DTC, and any successor no- the motion to adopt, and the roll being called minee of DTC with respect to the Bonds. thereon, the vote was as follows: Ayes: Braig,  "Continuing Disclosure Certificate" Buol, Connors, Jones, Lynch, Resnick, Voet- shall mean that certain Continuing Disclosure berg; Nays: None. Certificate executed by the Issuer and dated the date of issuance and delivery of the Bonds, RESOLUTION NO. 414-09 as originally executed and as it may be AUTHORIZING AND PROVIDING FOR THE amended from time to time in accordance with ISSUANCE OF $8,885,000 GENERAL OBLI- the terms thereof. GATION REFUNDING BONDS, SERIES  "Depository Bonds" shall mean the 2009C, AND LEVYING A TAX TO PAY SAID Bonds as issued in the form of one global cer- BONDS tificate for each maturity, registered in the Reg- WHEREAS, the Issuer is duly incorpo- istration Books maintained by the Registrar in rated, organized and exists under and by vir- the name of DTC or its nominee. tue of the laws and Constitution of the State of  "DTC" shall mean The Depository Iowa; and Trust Company, New York, New York, a li- WHEREAS, the Issuer is in need of funds mited purpose trust company, or any succes- to pay costs of refunding and refinancing of sor book-entry securities depository appointed certain City indebtedness, including the Gen- for the Bonds. eral Obligation Bonds, Series 2001, dated De- 388 Regular Session, October 19, 2009 Book 139  "Escrow Fund" shall mean the fund FISCAL YEAR into which the proceeds of the Bonds shall be AMOUNT* (JULY 1 TO JUNE 30) deposited, which will be used, together with YEAR OF COLLECTION interest earnings thereon, to pay the principal, interest and redemption premium, if any, on $808,240 2009/2010* the Refunded Bonds. $973,525 2010/2011  "Issuer" and "City" shall mean the $964,825 2011/2012 City of Dubuque, Iowa. $942,575 2012/2013  "Participants" shall mean those bro- $922,025 2013/2014 ker-dealers, banks and other financial institu- $921,475 2014/2015 tions for which DTC holds Bonds as securities $911,800 2015/2016 depository. $913,000 2016/2017  "Paying Agent" shall mean Wells $913,000 2017/2018 Fargo Bank, National Association, or such $916,800 2018/2019 successor as may be approved by Issuer as $919,200 2019/2020 provided herein and who shall carry out the $915,200 2020/2021 duties prescribed herein as Issuer's agent to provide for the payment of principal of and * Previously certified in respect of the Re- interest on the Bonds as the same shall be- funded Bonds. come due. (NOTE: For example the levy to be made  "Rebate Fund" shall mean the fund and certified against the taxable valuations of so defined in and established pursuant to the January 1, 2009 will be collected during the Tax Exemption Certificate. fiscal year commencing July 1, 2010.)  "Refunded Bonds" shall mean (b) Resolution to be Filed With County Au- $7,325,000 of the General Obligation Bonds, ditor. A certified copy of this Resolution should Series 2001, dated December 15, 2001, and be filed with the County Auditor of Dubuque $2,080,000 of the General Obligation Bonds, County, State of Iowa, and said Auditor is he- Series 2002, dated December 15, 2001, ma- reby instructed in and for each of the years as turing on and after June 1, 2010. provided, to levy and assess the tax hereby  "Registrar" shall mean Wells Fargo authorized in Section 2 of this Resolution, in Bank, National Association of Des Moines, like manner as other taxes are levied and as- Iowa, or such successor as may be approved sessed, and such taxes so levied in and for by Issuer as provided herein and who shall each of the years aforesaid be collected in like carry out the duties prescribed herein with manner as other taxes of the City are col- respect to maintaining a register of the owners lected, and when collected be used for the of the Bonds. Unless otherwise specified, the purpose of paying principal and interest on Registrar shall also act as Transfer Agent for said Bonds issued in anticipation of said tax, the Bonds. and for no other purpose whatsoever.  "Representation Letter" shall mean (c) Additional City Funds Available. Prin- the Blanket Issuer Letter of Representations cipal and interest coming due at any time executed and delivered by the Issuer to DTC when the proceeds of said tax on hand shall on file with DTC. be insufficient to pay the same shall be  "Resolution" shall mean this resolu- promptly paid when due from current funds of tion authorizing the Bonds. the City available for that purpose and reim-  "Tax Exemption Certificate" shall bursement shall be made from such special mean the Tax Exemption Certificate executed fund in the amounts thus advanced. by the Treasurer and delivered at the time of Section 3. Bond Fund. Said tax shall be issuance and delivery of the Bonds. collected each year at the same time and in  the same manner as, and in addition to, all "Treasurer" shall mean the Finance other taxes in and for the City, and when col- Director or such other officer as shall succeed lected they shall be converted into a special to the same duties and responsibilities with fund within the Debt Service Fund to be known respect to the recording and payment of the as the "GENERAL OBLIGATION REFUNDING Bonds issued hereunder. BOND FUND 2009C" (the "Bond Fund"), Section 2. Levy and Certification of Annual which is hereby pledged for and shall be used Tax; Other Funds to be Used. only for the payment of the principal of and (a) Levy of Annual Tax. That for the pur- interest on the Bonds hereinafter authorized to pose of providing funds to pay the principal be issued; and also there shall be apportioned and interest of the Bonds hereinafter autho- to said fund its proportion of taxes received by rized to be issued, there is hereby levied for the City from property that is centrally as- each future year the following direct annual tax sessed by the State of Iowa. on all of the taxable property in Dubuque, Iowa, to-wit: Book 139 Regular Session, October 19, 2009 389 Section 4. Application of Bond Proceeds. Principal Interest Maturity Proceeds of the Bonds shall be credited to the Amount Rate June 1st Escrow Fund and expended there from for the $640,000 2.000% 2010 purposes of issuance. Any Proceeds invested $685,000 2.000% 2011 shall mature before the date on which the mo- $690,000 2.500% 2012 neys are required for payment of principal and $685,000 3.000% 2013 interest on the Refunded Bonds. Accrued in- $685,000 3.000% 2014 terest, if any, shall be deposited in the Bond $705,000 3.500% 2015 Fund. $720,000 4.000% 2016 Section 5. Investments of Bond Fund $750,000 4.000% 2017 Proceeds. All moneys held in the Bond Fund, $780,000 4.000% 2018 provided for by Section 3 of this Resolution $815,000 4.000% 2019 shall be invested in investments permitted by $850,000 4.000% 2020 Chapter 12B, Code of Iowa, 2009 (formerly $880,000 4.000% 2021 Chapter 452, Code of Iowa, as amended) or deposited in financial institutions which are (b) Redemption. Bonds maturing after June members of the Federal Deposit Insurance 1, 2017 may be called for redemption by the Corporation and the deposits in which are in- Issuer and paid before maturity on said date or sured thereby and all such deposits exceeding any date thereafter, from any funds regardless the maximum amount insured from time to of source, in whole or from time to time in part, time by FDIC or its equivalent successor in in any order of maturity and within an annual any one financial institution shall be conti- maturity by lot. The terms of redemption shall nuously secured in compliance with the State be par, plus accrued interest to date of call. Sinking Fund provided under Chapter 12C of Thirty days' notice of redemption shall be the Code of Iowa, 2009, as amended or oth- given by first class mail to the registered owner erwise by a valid pledge of direct obligations of of the Bond. Failure to give such notice by mail the United States Government having an to any registered owner of the Bonds or any equivalent market value. All such interim in- defect therein shall not affect the validity of any vestments shall mature before the date on proceedings for the redemption of the Bonds. which the moneys are required for payment of All bonds or portions thereof called for re- principal of or interest on the Bonds as herein demption will cease to bear interest after the provided. specified redemption date, provided funds for Section 6. Bond Details, Execution and their redemption are on deposit at the place of Redemption. payment. (a) Bond Details. General Obligation Re- If selection by lot within a maturity is re- funding Bonds of the City in the amount of quired, the Registrar shall designate the bonds $8,885,000, shall be issued pursuant to the to be redeemed by random selection of the provisions of Section 384.25 of the City Code names of the registered owners of the entire of Iowa for the aforesaid purpose. The Bonds annual maturity until the total amount of bonds shall be designated "GENERAL OBLIGATION to be called has been reached. REFUNDING BOND, SERIES 2009C", be Section 7. Issuance of Bonds in Book- dated the date of delivery, and bear interest Entry Form; Replacement Bonds. from the date thereof, until payment thereof, at (a) Notwithstanding the other provisions of the office of the Paying Agent, said interest this Resolution regarding registration, owner- payable on June 1, 2010, and semiannually ship, transfer, payment and exchange of the thereafter on the 1st day of June and Decem- Bonds, unless the Issuer determines to permit ber in each year until maturity at the rates he- the exchange of Depository Bonds for Bonds reinafter provided. in the Authorized Denominations, the Bonds The Bonds shall be executed by the ma- shall be issued as Depository Bonds in deno- nual or facsimile signature of the Mayor and minations of the entire principal amount of attested by the manual or facsimile signature each maturity of Bonds (or, if a portion of said of the Clerk, and impressed or printed with the principal amount is prepaid, said principal seal of the City and shall be fully registered as amount less the prepaid amount); and such to both principal and interest as provided in Depository Bonds shall be registered in the this Resolution; principal, interest and pre- name of Cede & Co., as nominee of DTC. mium, if any, shall be payable at the office of Payment of semi-annual interest for any De- the Paying Agent by mailing of a check to the pository Bond shall be made by wire transfer registered owner of the Bond. The Bonds shall or New York Clearing House or equivalent be in the denomination of $5,000 or multiples next day funds to the account of Cede & Co. thereof. The Bonds shall mature and bear in- on the interest payment date for the Bonds at terest as follows: the address indicated in or pursuant to the Representation Letter. 390 Regular Session, October 19, 2009 Book 139 (b) With respect to Depository Bonds, nei-pository Bonds for replacement Bonds in Au- ther the Issuer nor the Paying Agent shall have thorized Denominations. any responsibility or obligation to any Partici-(d) To the extent authorized by law, if the pant or to any Beneficial Owner. Without limit-Issuer determines to provide for the exchange ing the immediately preceding sentence, nei-of Depository Bonds for Bonds in Authorized ther the Issuer nor the Paying Agent shall have Denominations, the Issuer shall so notify the any responsibility or obligation with respect to Paying Agent and shall provide the Registrar (i) the accuracy of the records of DTC or its with a supply of executed unauthenticated nominee or of any Participant with respect to Bonds to be so exchanged. The Registrar shall any ownership interest in the Bonds, (ii) the thereupon notify the owners of the Bonds and delivery to any Participant, any Beneficial provide for such exchange, and to the extent Owner or any other person, other than DTC or that the Beneficial Owners are designated as its nominee, of any notice with respect to the the transferee by the owners, the Bonds will be Bonds, (iii) the payment to any Participant, any delivered in appropriate form, content and Au- Beneficial Owner or any other person, other thorized Denominations to the Beneficial Own- than DTC or its nominee, of any amount with ers, as their interests appear. respect to the principal of, premium, if any, or (e) Any substitute depository shall be des- interest on the Bonds, or (iv) the failure of DTC ignated in writing by the Issuer to the Paying to provide any information or notification on Agent. Any such substitute depository shall be behalf of any Participant or Beneficial Owner. a qualified and registered "clearing agency" as The Issuer and the Paying Agent may treat provided in Section 17A of the Securities Ex- DTC or its nominee as, and deem DTC or its change Act of 1934, as amended. The substi- nominee to be, the absolute owner of each tute depository shall provide for (i) immobiliza- Bond for the purpose of payment of the prin-tion of the Depository Bonds, (ii) registration cipal of, premium, if any, and interest on such and transfer of interests in Depository Bonds Bond, for the purpose of all other matters with by book entries made on records of the depo- respect to such Bond, for the purpose of regis-sitory or its nominee and (iii) payment of prin- tering transfers with respect to such Bonds, cipal of, premium, if any, and interest on the and for all other purposes whatsoever (except Bonds in accordance with and as such inter- for the giving of certain Bond holder consents, ests may appear with respect to such book in accordance with the practices and proce-entries. dures of DTC as may be applicable thereto). Section 8. Registration of Bonds; Appoint- The Paying Agent shall pay all principal of, ment of Registrar; Transfer; Ownership; Deli- premium, if any, and interest on the Bonds very; and Cancellation. only to or upon the order of the Bondholders (a) Registration. The ownership of Bonds as shown on the Registration Books, and all may be transferred only by the making of an such payments shall be valid and effective to entry upon the books kept for the registration fully satisfy and discharge the Issuer's obliga-and transfer of ownership of the Bonds, and in tions with respect to the principal of, premium, no other way. Wells Fargo Bank, National As- if any, and interest on the Bonds to the extent sociation is hereby appointed as Bond Regi- so paid. Notwithstanding the provisions of this strar under the terms of this Resolution and Resolution to the contrary (including without under the provisions of a separate agreement limitation those provisions relating to the sur-with the Issuer filed herewith which is made a render of Bonds, registration thereof, and is-part hereof by this reference. Registrar shall suance in Authorized Denominations), as long maintain the books of the Issuer for the regis- as the Bonds are Depository Bonds, full effect tration of ownership of the Bonds for the pay- shall be given to the Representation Letter and ment of principal of and interest on the Bonds the procedures and practices of DTC there as provided in this Resolution. All Bonds shall under, and the Paying Agent shall comply the-be negotiable as provided in Article 8 of the rewith. Uniform Commercial Code and Section 384.31 (c) Upon (i) a determination by the Issuer of the Code of Iowa, subject to the provisions that DTC is no longer able to carry out its func-for registration and transfer contained in the tions or is otherwise determined unsatisfacto-Bonds and in this Resolution. ry, or (ii) a determination by DTC that the (b) Transfer. The ownership of any Bond Bonds are no longer eligible for its depository may be transferred only upon the Registration services or (iii) a determination by the Paying Books kept for the registration and transfer of Agent that DTC has resigned or discontinued Bonds and only upon surrender thereof at the its services for the Bonds, if such substitution office of the Registrar together with an as- is authorized by law, the Issuer shall (A) de-signment duly executed by the holder or his signate a satisfactory substitute depository as duly authorized attorney in fact in such form as set forth below or, if a satisfactory substitute is shall be satisfactory to the Registrar, along not found, (B) provide for the exchange of De-with the address and social security number or federal employer identification number of such Book 139 Regular Session, October 19, 2009 391 transferee (or, if registration is to be made in be restricted exclusively to such funds for any the name of multiple individuals, of all such claim of whatever nature on his part under this transferees). In the event that the address of Resolution or on, or with respect to, such in- the registered owner of a Bond (other than a terest or Bonds. The Paying Agent's obligation registered owner which is the nominee of the to hold such funds shall continue for a period broker or dealer in question) is that of a broker equal to two years and six months following or dealer, there must be disclosed on the Reg-the date on which such interest or principal istration Books the information pertaining to became due, whether at maturity, or at the the registered owner required above. Upon the date fixed for redemption thereof, or otherwise, transfer of any such Bond, a new fully regis-at which time the Paying Agent, shall surrend- tered Bond, of any denomination or denomina-er any remaining funds so held to the Issuer, tions permitted by this Resolution in aggregate whereupon any claim under this Resolution by principal amount equal to the unmatured and the Owners of such interest or Bonds of what- unredeemed principal amount of such trans-ever nature shall be made upon the Issuer. ferred fully registered Bond, and bearing inter-(g) Registration and Transfer Fees. The est at the same rate and maturing on the same Registrar may furnish to each owner, at the date or dates shall be delivered by the Regi-Issuer's expense, one bond for each annual strar. maturity. The Registrar shall furnish additional (c) Registration of Transferred Bonds. In all bonds in lesser denominations (but not less cases of the transfer of the Bonds, the Regi-than the minimum denomination) to an owner strar shall register, at the earliest practicable who so requests. time, on the Registration Books, the Bonds, in Section 9. Reissuance of Mutilated, De- accordance with the provisions of this Resolu-stroyed, Stolen or Lost Bonds. In case any tion. outstanding Bond shall become mutilated or (d) Ownership. As to any Bond, the person be destroyed, stolen or lost, the Issuer shall at in whose name the ownership of the same the request of Registrar authenticate and de- shall be registered on the Registration Books liver a new Bond of like tenor and amount as of the Registrar shall be deemed and regarded the Bond so mutilated, destroyed, stolen or as the absolute owner thereof for all purposes, lost, in exchange and substitution for such and payment of or on account of the principal mutilated Bond to Registrar, upon surrender of of any such Bonds and the premium, if any, such mutilated Bond, or in lieu of and substitu- and interest thereon shall be made only to or tion for the Bond destroyed, stolen or lost, upon the order of the registered owner thereof upon filing with the Registrar evidence satis- or his legal representative. All such payments factory to the Registrar and Issuer that such shall be valid and effectual to satisfy and dis-Bond has been destroyed, stolen or lost and charge the liability upon such Bond, including proof of ownership thereof, and upon furnish- the interest thereon, to the extent of the sum or ing the Registrar and Issuer with satisfactory sums so paid. indemnity and complying with such other rea- (e) Cancellation. All Bonds which have sonable regulations as the Issuer or its agent been redeemed shall not be reissued but shall may prescribe and paying such expenses as be cancelled by the Registrar. All Bonds which the Issuer may incur in connection therewith. are cancelled by the Registrar shall be de-Section 10. Record Date. Payments of stroyed and a certificate of the destruction principal and interest, otherwise than upon full thereof shall be furnished promptly to the Issu-redemption, made in respect of any Bond, er; provided that if the Issuer shall so direct, shall be made to the registered holder thereof the Registrar shall forward the cancelled or to their designated agent as the same ap- Bonds to the Issuer. pear on the books of the Registrar on the 15th (f) Non-Presentment of Bonds. In the event day preceding the payment date. All such any payment check representing payment of payments shall fully discharge the obligations principal of or interest on the Bonds is returned of the Issuer in respect of such Bonds to the to the Paying Agent or if any bond is not pre-extent of the payments so made. Payment of sented for payment of principal at the maturity principal shall only be made upon surrender of or redemption date, if funds sufficient to pay the Bond to the Paying Agent. such principal of or interest on Bonds shall Section 11. Execution, Authentication and have been made available to the Paying Agent Delivery of the Bonds. Upon the adoption of for the benefit of the owner thereof, all liability this Resolution, the Mayor and Clerk shall ex- of the Issuer to the owner thereof for such in-ecute and deliver the Bonds to the Registrar, terest or payment of such Bonds shall forthwith who shall authenticate the Bonds and deliver cease, terminate and be completely dis-the same to or upon order of the Purchaser. charged, and thereupon it shall be the duty of No Bond shall be valid or obligatory for any the Paying Agent to hold such funds, without purpose or shall be entitled to any right or liability for interest thereon, for the benefit of benefit hereunder unless the Registrar shall the owner of such Bonds who shall thereafter duly endorse and execute on such Bond a 392 Regular Session, October 19, 2009 Book 139 Certificate of Authentication substantially in the Bonds to certify as to the reasonable expecta- form of the Certificate herein set forth. Such tions and covenants of the Issuer at that date. Certificate upon any Bond executed on behalf Section 16. Additional Covenants, Repre- of the Issuer shall be conclusive evidence that sentations and Warranties of the Issuer. The the Bond so authenticated has been duly is-Issuer certifies and covenants with the pur- sued under this Resolution and that the holder chasers and holders of the Bonds from time to thereof is entitled to the benefits of this Reso-time outstanding that the Issuer through its lution. officers, (a) will make such further specific No Bonds shall be authenticated and deli-covenants, representations and assurances as vered by the Registrar unless and until there may be necessary or advisable; (b) comply shall have been provided the following: with all representations, covenants and assur- 1. A certified copy of the Resolution of Is-ances contained in the Tax Exemption Certifi- suer authorizing the issuance of the Bonds; cate, which Tax Exemption Certificate shall 2. A written order of Issuer signed by the constitute a part of the contract between the Treasurer of the Issuer directing the authenti-Issuer and the owners of the Bonds;(c) consult cation and delivery of the Bonds to or upon the with bond counsel (as defined in the Tax Ex- order of the Purchaser upon payment of the emption Certificate); (d) pay to the United purchase price as set forth therein; States, as necessary, such sums of money 3. The approving opinion of Ahlers & Coo-representing required rebates of excess arbi- ney, P.C., Bond Counsel, concerning the valid-trage profits relating to the Bonds;(e) file such ity and legality of all the Bonds proposed to be forms, statements and supporting documents issued. as may be required and in a timely manner; Section 12. Right to Name Substitute Pay-and (f) if deemed necessary or advisable by its ing Agent or Registrar. Issuer reserves the officers, to employ and pay fiscal agents, fi- right to name a substitute, successor Registrar nancial advisors, attorneys and other persons or Paying Agent upon giving prompt written to assist the Issuer in such compliance. notice to each registered bondholder. Section 17. Amendment of Resolution to Section 13. Form of Bond. Bonds shall be Maintain Tax Exemption. This Resolution may printed in substantial compliance with stan-be amended without the consent of any owner dards proposed by the American Standards of the Bonds if, in the opinion of bond counsel, Institute substantially in the form as [provided]. such amendment is necessary to maintain tax Section 14. Contract Between Issuer and exemption with respect to the Bonds under Purchaser. This Resolution constitutes a con-applicable Federal law or regulations. tract between said City and the purchaser of Section 18. Qualified Tax-Exempt Obliga- the Bonds. tions. For the sole purpose of qualifying the Section 15. Non-Arbitrage Covenants. The Bonds as "Qualified Tax-Exempt Obligations" Issuer reasonably expects and covenants that pursuant to the Internal Revenue Code of the no use will be made of the proceeds from the United States, the Issuer designates the issuance and sale of the Bonds issued he-Bonds as qualified tax-exempt obligations and reunder which will cause any of the Bonds to represents that the reasonably anticipated be classified as arbitrage bonds within the amount of tax-exempt governmental obliga- meaning of Sections 148(a) and (b) of the In-tions which will be issued during the current ternal Revenue Code of the United States, as calendar year will not exceed Thirty (30) Mil- amended, and that throughout the term of the lion Dollars. Bonds it will comply with the requirements of Section 19. Continuing Disclosure. The Is- statutes and regulations issued there under. suer hereby covenants and agrees that it will To the best knowledge and belief of the Is-comply with and carry out all of the provisions suer, there are no facts or circumstances that of the Continuing Disclosure Certificate, and would materially change the foregoing state-the provisions of the Continuing Disclosure ments or the conclusion that it is not expected Certificate are hereby incorporated by refer- that the proceeds of the Bonds will be used in ence as part of this Resolution and made a a manner that would cause the Bonds to be part hereof. Notwithstanding any other provi- arbitrage bonds. Without limiting the generality sion of this Resolution, failure of the Issuer to of the foregoing, the Issuer hereby agrees to comply with the Continuing Disclosure Certifi- comply with the provisions of the Tax Exemp-cate shall not be considered an event of de- tion Certificate and the provisions of the Tax fault under this Resolution; however, any hold- Exemption Certificate are hereby incorporated er of the Bonds or Beneficial Owner may take by reference as part of this Resolution. The such actions as may be necessary and appro- Treasurer is hereby directed to make and in-priate, including seeking specific performance sert all calculations and determinations neces-by court order, to cause the Issuer to comply sary to complete the Tax Exemption Certificate with its obligations under the Continuing Dis- in all respects and to execute and deliver the closure Certificate. For purposes of this sec- Tax Exemption Certificate at issuance of the tion, "Beneficial Owner" means any person Book 139 Regular Session, October 19, 2009 393 which (a) has the power, directly or indirectly, Section 2. That the City of Dubuque is he- to vote or consent with respect to, or to dis-reby authorized to accept a Quit Claim deed pose of ownership of, any Bond (including from the owner, conveying the owner’s interest persons holding Bonds through nominees, to the City of Dubuque, Iowa, for the herein depositories or other intermediaries), or (b) is described-real estate. treated as the owner of any Bonds for federal Section 3. That the City Clerk be and she income tax purposes. is hereby authorized and directed to cause Section 20. Severability Clause. If any sec-said Quit Claim Deed to be recorded in the tion, paragraph, clause or provision of this office of the Dubuque County Recorder, to- Resolution be held invalid, such invalidity shall gether with certified copy of the Resolution. not affect any of the remaining provisions he-Section 4. That the City Clerk be and she reof, and this Resolution shall become effec-is hereby directed to forward a copy of this tive immediately upon its passage and ap-Resolution to the Dubuque County Assessor proval. and the Dubuque County Auditor. th Section 21. Repeal of Conflicting Resolu-Passed, approved and adopted this 19 tions or Ordinances. That all ordinances and day of October, 2009. resolutions and parts of ordinances and reso-Roy D Buol, Mayor lutions in conflict herewith are hereby re-Attest: Jeanne F. Schneider, CMC, City Clerk pealed. th Passed and approved this 19 day of Oc-Cell Phone Recommendation: City Manag- tober, 2009. er recommending approval of the selection of Roy D. Buol, Mayor US Cellular / ComElec to provide cellular Attest: Jeanne F. Schneider, CMC, City Clerk handsets and services for a 24-month term. Upon motion the documents were received, Purchase of Property – 1925 Washington filed, and approved. Street: City Manager recommending approval of the purchase of a foreclosed home located Project HOPE: Communication from Alys- at 1925 Washington Street. Upon motion the sa Hauser, Project HOPE Coordinator, advis- documents were received and filed and Reso-ing that the Diversity in the Workplace Com- lution No. 415-09 Approving the acquisition of mittee and Project HOPE have created a Dis- real estate located at 1925 Washington Street ability Mentoring Day. Upon motion the docu- in the City of Dubuque was adopted. ments were received and filed. RESOLUTION NO. 415– 09 Human Rights Commission: Shane J. Os- APPROVING THE ACQUISITION OF REAL wald submitting his resignation from the Hu- ESTATE LOCATED AT 1925 WASHINGTON man Rights Commission. Upon motion the STREET, IN THE CITY OF DUBUQUE documents were received and filed and the WHEREAS, certain properties have been resignation accepted. targeted for acquisition, rehabilitation and re- sale in the Washington Neighborhood as part Neighborhood Stabilization Program: City of the Revitalize Dubuque: Washington Initia-Manager recommending approval of the Resi- tive; and dential Anti-Displacement and Relocation As- WHEREAS, the property at 1925 Washing-sistance Plan and the Policy on Prohibition of ton Street, previously jointly-financed through Use of Excessive Force, according to the re- loans from Dubuque Bank & Trust, and the quirements of the Neighborhood Stabilization City of Dubuque, has been foreclosed; and Program (NSP). Motion by Braig to receive WHEREAS, an essential part of the revita-and file the documents and adopt Resolution lization strategy for the neighborhood is to No. 416-09 Policy on the prohibition of the use quickly address vacant properties, deter spec-of excessive force. Seconded by Jones. Mo- ulation and absentee ownership, and promote tion carried 7-0. homeownership. RESOLUTION NO. 416-09 NOW, THEREFORE, BE IT RESOLVED POLICY ON THE PROHIBITION OF THE BY THE CITY COUNCIL OF THE CITY OF USE OF EXCESSIVE FORCE DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby WHEREAS, the City of Dubuque has re- approves the acquisition of the following legal-ceived federal funding through the Community ly-described property: Development Block Grant (CDBG) program; Lot 6 of Mineral Lot 100 in the City of Du-and, buque, County of Dubuque, Iowa, according to WHEREAS, Section 519 of the Department the recorded plat thereof, at the cost of Sixty-of Veteran Affairs and U.S. Department of eight Thousand, one dollar and seven cents Housing and Urban Development, and Inde- ($68 001.07). pendent Agencies Appropriations Act of 1990 requires that all CDBG recipients adopt and 394 Regular Session, October 19, 2009 Book 139 POLICE OFFICER enforce a policy to prohibit the use of exces- sive force by law enforcement agencies within David Loehr Thomas Budde the recipient’s jurisdiction against any individu-Ann Kennedy Thomas Ammon als engaged in non-violent civil rights demon-Jeff McQuillen Michael Ryner strations; and Troy Wilson Jonathan Miller WHEREAS, all recipients of CDBG funds Clayton Miller Collin Ward are further required to follow a policy of enforc-Brian Kelley Donald Weig ing applicable state and local laws against John Trowbridge Samuel Carl physically barring entrances or exits to a facili-Nick Jobgen Clark Egdorf ty that is the subject of a nonviolent protest Keith McLaughlin Sarah McDonough demonstration; and Michael Annable Stephen Hughes WHEREAS, the City of Dubuque endorses Brett Moore Jwan Brookins a policy prohibiting the use of excessive force Jonathan Brokens Asher Klass and will inform all law enforcement agencies Michael Hoss Zachary Davis within its jurisdiction of this policy, Rock Jochum Carlton Nebergall NOW, THEREFORE, BE IT RESOLVED,Freddy Coba Elisha Perkins that the City of Dubuque hereby prohibits any Eric Heim Kevin McCormick law enforcement agency operating within its Sirjohn Hudson Marc Hanson jurisdiction from using excessive force against Jason Ehlers Nick Pillard any individuals engaged in nonviolent civil Andrew Weber Ryan Smith rights demonstrations. In addition, the City of Andrew Mueller Chad Morelock Dubuqueagrees to enforce any applicable state or local laws against physically barring Signed Contracts: 1) Award of the contract entrances or exits from a facility or location for the Thomas Place Guardrail and Curb and that is the subject of a non-violent protest Gutter Installation Project. 2) Floodwall Levee demonstration. The City of Dubuquefurther Slope Stabilization Project Change Order. pledges enforcement of this policy within its Upon motion the documents were received jurisdiction and encourages any individual or and filed. group who feels that the City of Dubuque has not complied with this policy to file a complaint. Liquor License Applications: City Manager Information and assistance relative to ex-recommending approval of annual liquor li- cessive force complaints shall be provided by cense renewals as submitted. Upon motion the the City Manager of the City of Dubuque. documents were received and filed and Reso- Adopted by the City Council of the City of lution No. 417-09 Granting the issuance of a th Dubuque, Iowa, this 19 day of October, 2009. Class “C” Beer Permit to Friendly Locust Mart Roy D Buol, Mayor and Big 10 Mart Car Wash; and Resolution Attest: Jeanne Schneider, CMC, City Clerk No. 418-09 Granting the issuance of a Class “C” Beer/Liquor License to Europa Haus Res- Civil Service Commission: Civil Service taurant and Bierstube, Jumpers Sports Bar Commission submitting the certified list for the and Grill, Rainbow Lounge, Channel Inn Res- position of Police Officer. Upon motion the taurant, Fiesta Cancun Restaurant and The document was received and filed and made a Bank Bar and Grille; and a Class “WBN” Na- Matter of Record. tive Wine to Dubuque Area Chamber of Com- merce were adopted. July 10, 2009 RESOLUTION NO. 417-09 Honorable Mayor and Members of the City Council Whereas, applications for Beer Permits In accordance with Chapter 400 of the have been submitted and filed to this Council Code of Iowa, an examination for the position for approval and the same have been ex- of Police Officer was given on May 2, 2009, amined and approved: and followed by an agility test and an oral inter-Whereas, the premises to be occupied by view. We hereby certify that the individuals such applicants were inspected and found to listed on the attached sheet have passed and comply with the Ordinances of the City and vacancies for this position should be made have filed proper bonds. from this list and that this list is good for one NOW, THEREFORE, BE IT RESOLVED (1) year from above date. BY THE CITY COUNCIL OF THE CITY OF Respectfully submitted, DUBUQUE, IOWA: Dan White, Chairperson That the Manager be authorized to cause Jim Schilling, to be issued the following named applicants a Betty Takes, Beer Permit. Civil Service Commission CLASS “C” BEER PERMIT Awn Stop Mart Inc. #3, Friendly Locust Mart +(Sunday Sale), 408 W. Locust Street Book 139 Regular Session, October 19, 2009 395 Molo Oil Company, Big 10 Mart Car Wash form of contract, and estimated cost; and or- +(Sunday Sale), 1875 JFK Road dering the advertisement for bids for the His- Passed, approved and adopted this 19th day toric Shot Tower Rehabilitation Project – of October, 2009. Phase I was adopted setting a public hearing Roy D. Buol, Mayor for a meeting to commence at 6:30 p.m. on Attest: Jeanne F. Schneider, CMC, City Clerk November 2, 2009 in the Historic Federal Building. RESOLUTION NO. 418-09 RESOLUTION NO. 419-09 Whereas, applications for Liquor Licenses HISTORIC SHOT TOWER REHABILITATION have been submitted to this Council for ap- PROJECT – PHASE I proval and the same have been examined and PRELIMINARY APPROVAL OF PLANS, approved; and SPECIFICATIONS, FORM OF CONTRACT, Whereas, the premises to be occupied by AND ESTIMATED COST; SETTING DATE such applicants were inspected and found to OF PUBLIC HEARING ON PLANS, SPECI- comply with the State Laws and all City Ordin- FICATIONS, FORM OF CONTRACT, AND ances relevant thereto and they have filed ESTIMATED COST; AND ORDERING THE proper bonds. ADVERTISEMENT FOR BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF That the Manager be authorized to cause DUBUQUE, IOWA: to be issued the following named applicants a The proposed plans, specifications, form of Liquor License. contract and estimated cost for the Historic CLASS “C” BEER/LIQUOR LICENSE Shot Tower Rehabilitation Project – Phase I, in Europa Haus, Inc., Europa Haus Restau-the estimated amount $669,790 are hereby rant & Bierstube, 1301 Rhomberg Avenue preliminarily approved and ordered filed in the Blue Sky $ LTD, Jumpers Sports Bar & office of the City Clerk for public inspection. nd Grill+(Sunday Sale), 2600 Dodge Street A public hearing will be held on the 2 day DAMA Corp., Rainbow Lounge+(Sunday of November, 2009, at 6:30 p.m. in the Historic th Sale), 36 W. 4 Street Federal Building Council Chambers at which Carolyn Fonck, Channel Inn Restaurant time interested persons may appear and be +(Sunday Sale), 2010 ½ Kerper Blvd. heard for or against the proposed plans and Fiesta Cancun Mexican Restaurant, Fiesta specifications, form of contract and estimated Cancun Restaurant +(Sunday Sale), 2515 N cost of said Project, and the City Clerk be and W Arterial is hereby directed to cause the attached notice CES II Properties, Inc., The Bank Bar & of the time and place of such hearing to be Grille +(Sunday Sale), 342 Main Street published in a newspaper having general cir- CLASS “WBN” NATIVE WINE culation in the City of Dubuque, Iowa, which DBQ Area Chamber, Dubuque Area notice shall be published not less than four Chamber of Commerce, 300 Main Street days nor more than twenty days prior to the Passed, approved and adopted this 19th date of such hearing. At the hearing, any inter- day of October, 2009. ested person may appear and file objections to Roy D. Buol, Mayor the proposed plans, specifications, form of Attest: Jeanne F. Schneider, CMC, City Clerk contract, or estimated cost of the Project. The Historic Shot Tower Rehabilitation ITEMS TO BE SET FOR PUBLIC HEARING Project – Phase I is hereby ordered to be ad- vertised for bids for construction. Motion by Lynch to receive and file the The amount of the security to accompany documents, adopt the resolution, set the public each bid shall be in an amount which shall hearing as indicated, and direct the City Clerk conform to the provisions of the Notice to Bid- to publish notice as prescribed by law. ders hereby approved. Seconded by Voetberg. Motion carried 7-0. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- Historic Shot Tower Rehabilitation Project provements herein provided, by publishing the – Phase I: City Manager recommending initia-attached Notice to Bidders to be published in a tion of the bidding process for the Historic Shot newspaper having general circulation in the Tower Rehabilitation Project – Phase I and City of Dubuque, Iowa, which notice shall be that a public hearing be set for November 2, published not less than four but not more than 2009. Upon motion the documents were re-forty-five days before the date for filing bids th ceived and filed and Resolution No. 419-09 before 2:00 p.m. on the 10 day of November, Preliminary approval of plans, specifications, 2009. Bids shall be opened and read by the form of contract, and estimated cost; setting City Clerk at said time and will be submitted to date of public hearing on plans, specifications, the City Council for final action at 6:30 p.m. on 396 Regular Session, October 19, 2009 Book 139 th the 16 day of November, 2009, in the Historic sory Commission of the City of Dubuque, Federal Building Council Chambers (second Iowa. th floor), 350 West 6 Street, Dubuque, Iowa. Section 3. This ordinance shall take effect th Passed, adopted and approved this 19 immediately upon publication, as provided by day of October, 2009. law. th Roy D. Buol, Mayor Passed, approved and adopted this 19 Attest: Jeanne F. Schneider, CMC, City Clerk day of October, 2009. /s/Roy D. Buol, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald rd Upon motion the rules were suspended al-Newspaper the 23 day of October, 2009. lowing anyone present to address the City /s/Jeanne F. Schneider, CMC, City Clerk Council. Request to Rezone – Radford Road and Request to Rezone – 1800 Manson Road: Westmark Drive: Proof of publication on notice Proof of publication on notice of public hearing of public hearing to consider a request from to consider a request from Marty McNamer to Tom Kelzer / GTW Pennsylvania LLC to re- rezone property located at 1800 Manson Road zone property located at the southeast corner from AG Agricultural District to R-1 Single-of Radford Road and Westmark Drive from C- Family Residential District and Zoning Advi-2 Neighborhood Shopping Center District to a sory Commission recommending approval. PUD Planned Unit Development District with a Motion by Lynch to receive and file the docu-PR Planned Residential District designation ments and that the requirement that a pro-and Zoning Advisory Commission recommend- posed ordinance be considered and voted on ing approval. Motion by Jones to receive and for passage at two Council meetings prior to file the documents and that the requirement the meeting at which it is to be passed be sus-that a proposed ordinance be considered and pended. Seconded by Connors. Motion carried voted on for passage at two Council meetings 7-0. prior to the meeting at which it is to be passed Motion by Lynch for final consideration and be suspended. Seconded by Lynch. Motion passage of Ordinance No. 49-09 Amending carried 7-0. Appendix A (the Zoning Ordinance) of the City Motion by Jones for final consideration and of Dubuque Code of Ordinances by reclassify-passage of Ordinance No. 50-09, as amended, ing hereinafter described property located at Amending Appendix A (the Zoning Ordinance) 1800 Manson Road from AG Agricultural Dis-of the City of Dubuque Code of Ordinances by trict to R-1 Single-Family Residential District. reclassifying hereinafter described property Seconded by Braig. Planning Services Man-located at the southeast corner of Radford ager Laura Carstens provided a staff report. Road and Westmark Drive from C-2 Neighbor- Motion carried 7-0. hood Shopping Center District to PUD Planned Unit Development District with a PR Planned OFFICIAL PUBLICATION Residential District Designation and adopting a ORDINANCE NO. 49-09 conceptual development plan. Seconded by AMENDING APPENDIX A (THE ZONING Lynch. Attorney Brian Kane, 2100 Asbury ORDINANCE) OF THE CITY OF DUBUQUE Road, representing GTW Pennsylvania, LLC, CODE OF ORDINANCES BY RECLASSIFY- reviewed the project and read a letter from ING HEREINAFTER DESCRIBED PROPER- Davin Curtiss, attorney for Westmark Enter- TY LOCATED AT 1800 MANSON ROAD prises, 4050 Westmark Drive, requesting con- FROM AG AGRICULTURAL DISTRICT TO ditions into the record. Greater Dubuque De- R-1 SINGLE-FAMILY RESIDENTIAL DIS- velopment Corporation Executive Director Rick TRICT. Dickinson, 300 Main Street, spoke in favor of NOW, THEREFORE, BE IT ORDAINED the project. Planning Services Manager pro- BY THE CITY COUNCIL OF THE CITY OF vided a staff report, and Zoning Advisory DUBUQUE, IOWA: Commission Chairperson Jeff Stiles spoke on Section 1. That Appendix A (The Zoning behalf of the Commission. Motion carried 7-0. Ordinance) of the City of Dubuque Code of OFFICIAL PUBLICATION Ordinances is hereby amended by reclassify- ORDINANCE NO. 50-09 ing the hereinafter-described property from AG AMENDING APPENDIX A (THE ZONING Agricultural District to R-1 Single-Family Resi- ORDINANCE) OF THE CITY OF DUBUQUE dential District. CODE OF ORDINANCES BY RECLASSIFY- Balance of Lot 1 of 1 of 4 Mineral Lot 501, ING HEREINAFTER DESCRIBED PROPER- and to the centerline of the adjoining public TY LOCATED AT THE SOUTHEAST COR- right-of-way, all in the City of Dubuque, Iowa. NER OF RADFORD ROAD AND WEST- Section 2. The foregoing amendment has MARK DRIVE FROM C-2 NEIGHBORHOOD heretofore been reviewed by the Zoning Advi- Book 139 Regular Session, October 19, 2009 397 SHOPPING CENTER DISTRICT TO PUD d. All parking and loading PLANNED UNIT DEVELOPMENT DISTRICT spaces shall be deli- WITH A PR PLANNED RESIDENTIAL DIS- neated on the surfac- TRICT DESIGNATION, AND ADOPTING A ing material by painted CONCEPTUAL DEVELOPMENT PLAN. stripes or other perma- NOW, THEREFORE, BE IT ORDAINED nent means. BY THE CITY COUNCIL OF THE CITY OF e. The number, size and DUBUQUE, IOWA: design of parking Section 1. That Appendix A (The Zoning spaces shall be go- Ordinance) of the City of Dubuque Code of verned by applicable Ordinances is hereby amended by reclassify-provisions of City of ing the hereinafter-described property from C-Dubuque Ordinances 2 Neighborhood Shopping Center District to enforced at the time of PUD Planned Unit Development District with a development of the lot. PR Planned Residential District designation, f. The number, size, de- and adopting a conceptual development plan, sign, and location of a copy of which is attached to and made a part parking spaces desig- hereof, is hereby adopted and approved for nated for persons with the following described property, to wit: Lot 8 disabilities shall be ac- Westmark, and to the centerline of the adjoin-cording to the local, ing public right-of-way, all in the City of Dubu-state, or federal re- que, Iowa. quirements in effect at A. Use Regulations. the time of develop- The following regulations shall ap-ment. ply to all uses made of land in the 2. Site Lighting above-described PR Planned Res-a. Exterior illumination of idential District: site features shall be li- 1. Principal permitted uses shall mited to the illumination be limited to 216 apartment of the following: units. ii. Parking areas, 2. No secondary or contingency driveways and load- uses shall be permitted. ing facilities. 3. Accessory uses shall include iii. Pedestrian walk- any use customarily incidental way surfaces and and subordinate to the princip-entrances to build- al use it serves. ing. B. Lot and Bulk Regulations. b. Location and Design Development of land in the PR i. No light source shall Planned Residential District shall provide illumination be regulated as follows: onto adjacent lots, 1. The development of the 12 buildings or streets apartment buildings, detached in excess of 1.0 foot garages and parking areas candle. shall be in substantial com-ii. All exterior lighting pliance with the approved con-luminaries shall be ceptual plan. designed and in- C. Performance Standards stalled to shield light The development and mainten-from the luminaries ance of uses in this PR Planned at angles above 72- Residential District shall be regu-degrees from vertic- lated as follows: al. 1. Parking Regulations iii. Fixtures mounted on a. Off-street parking shall a building shall not be provided based on be positioned higher the approved concep-than the roofline of tual plan. the building. b. All vehicle-related fea-iv. All electrical service tures shall be surfaced lines to posts and fix- with either asphalt or tures shall be under- concrete. ground and con- c. Proper surface drai-cealed inside the nage of storm water posts. shall be provided. 3. Landscaping and Screening 398 Regular Session, October 19, 2009 Book 139 a. Landscaping shall be top line shall be hori- provided as part of each zontal. Exposed mate- residential building and rials used to construct at the end of any park-the opaque screen ing area located adja-shall be similar in ap- cent to a public roadway pearance to materials and not otherwise used for exterior build- screened by structures ing walls. All exterior or topography. entrances to a b. That a six (6) foot high screened trash area chain link fence with an shall be provided with evergreen screen shall a gate or door of simi- be provided along the lar design to that of the eastern portion of the screen. property. The plantings If a 10-foot high screen shall be installed at a fails to shield the exte- minimum of 3 to 6 feet rior trash collection area in height and will grow from view from points to a height of 15 to 20 inside or outside of the feet. property, evergreen 4. Storm Water Conveyance plantings may be re- a. The developer shall be quired in addition to the responsible for provid-screening. Evergreen ing surface or subsur-plant materials shall be face conveyance(s) of selected and designed storm water from the lot so that they will screen to existing storm sewers the area from all off-site or to flow line of open visibility within five (5) drainageways outside years. the lot in a means that 6. A site plan shall be submit- is satisfactory to the ted in accordance with Sec- City of Dubuque. Other tion 4-4 of the Zoning Ordin- applicable regulations ance or Articles 12 and 13 of enforced by the City of the Unified Development Dubuque relative to Code, whichever Code is in storm water manage-effect at the time of site plan ment and drainage shall submittal. apply to the subject D. Sign Regulations property. 1. Signs in the Planned Resi- 5. Exterior Trash Collection dential District shall be regu- Areas lated in accordance with the a. The storage of trash R-4 Multi-Family Residential and debris shall be li-Zoning District sign regula- mited to that produced tions. by the principal permit-2. Variance requests from sign ted use and accessory requirements for size, num- uses of the lot. ber and height shall be re- b. All exterior trash collec-viewed by the Zoning Board tion areas and the ma-of Adjustment. terials contained there-E. Other Codes and Regulations in shall be visually 1. Service Lines. All electric, screened from view. telephone, cable, or other The screening shall be similar utility lines serving completely opaque the building and other site fence, wall or other features shall be located un- feature not exceeding derground. a height of 10 feet 2. The use of semi-trailers and measured from the shipping containers for sto- ground level outside rage is prohibited. the line of the screen. 3. These regulations do not re- Screens built on slop-lieve the owner from other ing grades shall be applicable city, county, state stepped so that their or federal codes, regula- Book 139 Regular Session, October 19, 2009 399 tions, laws and other con-ing Appendix A (the Zoning Ordinance) of the trols relative to the planning, City of Dubuque Code of Ordinances by rec- construction, operation and lassifying hereinafter described property lo- management of property cated at the northwest corner of Bluff Street within the city of Dubuque. and Fifth Street from OR Office/High Density F. Transfer of Ownership Multi-Family Residential District to C-4 Down- Transfer of ownership or lease of town Commercial District. Seconded by Voet- property in this PR Planned Res-berg. Planning Services Manager provided a idential District shall include the staff report. Motion carried 7-0. transfer or lease agreement a OFFICIAL PUBLICATION provision that the purchaser or ORDINANCE NO. 51-09 lessee acknowledges awareness AMENDING APPENDIX A (THE ZONING of the conditions authorizing the ORDINANCE) OF THE CITY OF DUBUQUE establishment of the district. CODE OF ORDINANCES BY RECLASSIFY- G. Occupancy Permits ING HEREINAFTER DESCRIBED PROPER- No occupancy permit shall be is- TY LOCATED NORTHWEST CORNER OF sued by the City of Dubuque for TH BLUFF AND 5 STREETS FROM OR OF- property included in the subject FICE/HIGH DENSITY MULTI-FAMILY RESI- planned unit development district DENTIAL DISTRICT TO C-4 DOWNTOWN until full compliance with this or- COMMERCIAL DISTRICT. dinance has been achieved. H. Recording NOW, THEREFORE, BE IT ORDAINED A copy of this Ordinance shall be BY THE CITY COUNCIL OF THE CITY OF recorded at the expense of the DUBUQUE, IOWA: property owner(s) with the Dubu-Section 1. That Appendix A (the Zoning que County Recorder as a per-Ordinance) of the City of Dubuque Code of manent record of the conditions Ordinances is hereby amended by reclassify- accepted as part of this reclassi-ing the hereinafter-described property from OR fication approval. Office/High Density Multi-Family Residential Section 2. The foregoing amendment has District to C-4 Downtown Commercial District heretofore been reviewed by the Zoning Advi-to wit: City Lot 615, 616, 616A, S 8’ of 617, S sory Commission of the City of Dubuque, 62’6” of N 64’ of City Lot 617, Lot 1 of City Lot Iowa. 690, S 9/10’ of N 1’6” of N 64’ of City Lot 617, Section 3. The foregoing amendment shall and to the centerline of the adjoining public take effect upon publication, as provided by right-of-way, all in the City of Dubuque, Iowa. law. Section 2. The foregoing amendment has th Passed, approved and adopted this 19 heretofore been reviewed by the Zoning Advi- day of October, 2009. sory Commission of the City of Dubuque, /s/Roy D. Buol, Mayor Iowa. Attest: Section 3. This ordinance shall take effect /s/Jeanne F. Schneider, CMC, City Clerk immediately upon publication, as provided by Published officially in the Telegraph Herald law. thth Newspaper the 26 day of October, 2009. Passed, approved and adopted this 19 /s/Jeanne F. Schneider, CMC, City Clerk day of October, 2009. /s/Roy D. Buol, Mayor Request to Rezone – Corner of Bluff Street Attest: and Fifth Street: Proof of publication on notice /s/Jeanne F. Schneider, CMC, City Clerk of public hearing to consider a request from Published officially in the Telegraph Herald rd the City of Dubuque to rezone property located Newspaper the 23 day of October, 2009. at the northwest corner of Bluff Street and Fifth /s/Jeanne F. Schneider, CMC, City Clerk Street from OR Office/High Density Multi- Family Residential District to C-4 Downtown MYLA Company, LLC: Proof of publication Commercial District and Zoning Advisory on notice of public hearing to consider a pro- Commission recommending approval. Motion posed lease between MYLA Company, LLC by Connors to receive and file the documents for the placement of a sign for the businesses and that the requirement that a proposed or-in the new building at 3338 Center Grove Drive dinance be considered and voted on for pas-and City Manager recommending approval. sage at two Council meetings prior to the Motion by Lynch to receive and file the docu- meeting at which it is to be passed be sus-ments and adopt Resolution No. 420-09 Dis- pended. Seconded by Voetberg. Motion car-posing of an interest in public right-of-way ab- ried 7-0. utting 3338 Center Grove Drive in the City of Motion by Connors for final consideration Dubuque, Dubuque County, Iowa, by lease and passage of Ordinance No. 51-09 Amend- 400 Regular Session, October 19, 2009 Book 139 th between with MYLA Company, LLC. Passed, approved and adopted this 19 Seconded by Connors. Motion carried 7-0. day of October, 2009. Roy D. Buol, Mayor RESOLUTION NO. 420-09 Attest: Jeanne F. Schneider, CMC, City Clerk DISPOSING OF CITY INTEREST IN PUBLIC RIGHT-OF-WAY ABUTTING 3338 CENTER Blanche Avenue – Request to Vacate: GROVE DRIVE IN THE CITY OF DUBUQUE, Proof of publication on notice of public hearing DUBUQUE COUNTY, IOWA, BY LEASE to consider a request from David W. Leifker WITH MYLA COMPANY, LLC Law Offices, representing Raymond E. Tarkett, Whereas, pursuant to resolution and pub-for the vacating and disposal of an alley adja- lished notice of time and place of hearing, pub-cent to 765 Blanche Avenue and City Manager lished in the Telegraph Herald, a newspaper of recommending approval. Motion by Connors to general circulation published in the City of Du-receive and file the documents and adopt th buque, Iowa on this 9 day of October, 2009, Resolution No. 421-09 Vacating Lot 112-A in the City Council of the City of Dubuque, Iowa Maple Leaf Addition in the City of Dubuque, th met on the 19 day of October, 2009, at 6:30 Dubuque County, Iowa; and Resolution No. p.m. in the Historic Federal Building Council 422-09 Disposing of City interest in Lot 112-A th Chambers (second floor), 350 West 6 Street, in Maple Leaf Addition in the City of Dubuque, Dubuque, Dubuque County, Iowa to consider Dubuque County, Iowa, were adopted. the proposal for the lease of public right-of-way RESOLUTION NO. 421-09 abutting 3338 Center Grove Drive legally de- scribed as: VACATING LOT 112-A IN MAPLE LEAF Lot 2 of part of Lot 1 of Lot 20, Lot 2 of part ADDITION IN THE CITY OF DUBUQUE, DU- of Lot 1 of Lot 21, and Lots 22, 23, 24, 25, and BUQUE, COUNTY, IOWA 26 in Center Grove in the City of Dubuque, Whereas, Raymond E. Tarkett has re- Dubuque County, Iowa, to MYLA and Compa- quested the vacating of a portion of a public ny, LLC, pursuant to a Lease Agreement at- alley abutting Lots 81 and 86 and Lots 112 tached hereto; and through 117 all in Maple Leaf Addition in the Whereas, the City Council of the City of City of Dubuque, Iowa; and Dubuque, Iowa, overruled any and all objec- Whereas, there has been presented to the tions, oral or written to the proposal to lease City Council of the City of Dubuque, Iowa, a such real estate. th plat dated the 8 day of September, 2009, NOW THEREFORE, BE IT RESOLVED prepared by Buesing and Associates, Inc., BY THE CITY COUNCIL OF THE CITY OF describing the proposed vacated portion of a DUBUQUE, IOWA: public alley abutting Lots 81 and 86 and Lots Section 1. That the lease of City of Dubu- 112 through 117 all in Maple Leaf Addition que right-of-way abutting 3338 Center Grove platted as Lot 112-A in Maple Leaf Addition in Drive, to MYLA and Company, LLC, be and the City of Dubuque, Dubuque County, Iowa; the same is hereby approved for the sum of and $120.00 per year, in accordance with the Whereas, pursuant to resolution and pub- Lease Agreement dated September 21, 2009 lished notice of time and place of hearing, pub- attached hereto. lished in the Telegraph Herald, a newspaper of Section 2. The City of Dubuque reserves general circulation published in the City of Du- unto itself a perpetual easement including the th buque, Iowa on this 9 day of October, 2009, right of ingress and egress thereto, for the the City Council of the City of Dubuque, Iowa purpose of erecting, installing, constructing, th met on the 19 day of October, 2009, at 6:30 reconstructing, repairing, owning, operating, p.m. in the Historic Federal Building Council and maintaining water, sewer, drainage, gas, th Chambers (second floor), 350 West 6 Street, telephone, television cable, fiber optics, and Dubuque, Dubuque County, Iowa to consider electric lines as may be authorized by the City the request to vacate; and of Dubuque, Iowa, over the entire leased area. Whereas, the City Council of the City of Section 3. The Mayor is authorized and di- Dubuque, Iowa overruled any and all objec- rected to execute the Lease Agreement, and tions, oral or written to the request to vacate; the City Clerk is hereby authorized and di- and rected to deliver a copy of said lease to MYLA Whereas, the City Council of the City of and Company, LLC upon receipt of the lease Dubuque, Iowa, has determined that the pro- payment for the year. posed vacated portion of an alley described as Section 4. The City Clerk is hereby autho- Lot 112-A in Maple Leaf Addition in the City of rized and directed to record a certified copy of Dubuque, Dubuque County, Iowa, should be this resolution in the offices of the City Asses- approved. sor, Dubuque County Recorder and Dubuque County Auditor. Book 139 Regular Session, October 19, 2009 401 th NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 19 BY THE CITY COUNCIL OF THE CITY OF day of October, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. That the real estate described Attest: Jeanne F. Schneider, CMC, City Clerk as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Iowa, be and the same is hereby North Fork Catfish Creek Stormwater and vacated. Sanitary Sewer Reconstruction Project – Section 2. That the City Clerk be and is he-Phase III: Proof of publication on notice of pub- reby authorized and directed to record a certi-lic hearing to consider the plans and specs, fied copy of this resolution in the offices of the form of contract and estimated cost for the City Assessor, Dubuque County Recorder and North Fork Catfish Creek Stormwater and Sa- Dubuque County Auditor. nitary Sewer Reconstruction Project – Phase th Passed, approved and adopted this 19 III and City Manager recommending approval. day of October, 2009. Motion by Lynch to receive and file the docu- Roy D. Buol, Mayor ments and adopt Resolution No. 423-09 Ap- Attest: Jeanne F. Schneider, CMC, City Clerk proving plans, specifications, form of contract, and estimated cost for the North Fork Catfish RESOLUTION NO. 422-09 Creek Stormwater and Sanitary Sewer Recon- DISPOSING OF CITY INTEREST IN LOT struction Project – Phase III. Seconded by 112-A IN MAPLE LEAF ADDITION IN THE Braig. Motion carried 7-0. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA RESOLUTION NO. 423-09 APPROVAL OF PLANS, SPECIFICATIONS, Whereas, pursuant to resolution and pub- FORM OF CONTRACT, AND ESTIMATED lished notice of time and place of hearing, pub- COST FOR THE NORTH FORK CATFISH lished in the Telegraph Herald, a newspaper of CREEK STORMWATER AND SANITARY general circulation published in the City of Du- th SEWER IMPROVEMENTS PROJECT – buque, Iowa on the 9 day of October, 2009, PHASE III the City Council of the City of Dubuque, Iowa th met on the 19 day of October, 2009, at 6:30 NOW THEREFORE, BE IT RESOLVED p.m. in the Historic Federal Building Council BY THE CITY COUNCIL OF THE CITY OF th Chambers (second floor), 350 West 6 Street, DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa to consider That the proposed plans, specifications, the proposal for the sale of real estate de-form of contract and estimated cost for the scribed as: Lot 112-A in Maple Leaf Addition in North Fork Catfish Creek Stormwater and Sa- the City of Dubuque, Dubuque County, Iowa; nitary Sewer Improvements Project – Phase and III, in the estimated amount $1,894,871.50, are Whereas, the City Council of the City of hereby approved. th Dubuque, Iowa overruled any and all objec-Passed, adopted and approved this 19 tions, oral or written to the proposal to sell day of October, 2009. such real estate, except for easement as Roy D. Buol, Mayor noted. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Upon motion the rules were reinstated li- DUBUQUE, IOWA: miting discussion to the City Council. Section 1. That the sale of City of Dubuque ACTION ITEMS real property described as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, to Raymond E. Tarkett be and Dubuque Area Chamber of Commerce the same is hereby approved for the cost of Convention and Visitors Bureau: Request of surveying, platting, publication, and filing fees. Keith Rahe, Director of the Convention and Conveyance shall be by Quit Claim Deed. Visitors Bureau, to provide a quarterly update. Section 2. That the Mayor be authorized Motion by Connors to receive and file the doc- and directed to execute a Quit Claim Deed, uments. Seconded by Jones. Convention and and the City Clerk be and is hereby authorized Visitors Bureau Director Keith Rahe hig- and directed to deliver said deed of con-hlighted information and successes of the CVB veyance to Raymond E. Tarkett upon receipt over the last quarter. Motion carried 7-0. of $300 plus publication and filing fees. Millstone Drive: City Manager recommend- Section 3. That the City Clerk be and is he-ing that Westside Arterial Development, LLC reby authorized and directed to record a certi-be notified that if they have not submitted a fied copy of this resolution in the offices of the rezoning request by November 2, 2009, for the City Assessor, Dubuque County Recorder and property where the temporary Millstone Drive Dubuque County Auditor. cul-de-sac is to be built, that they be ordered to install the temporary cul-de-sac prior to win- 402 Regular Session, October 19, 2009 Book 139 ter. Motion by Jones to receive and file the transportation, water, sewage, schools, and documents and approve the recommendation. parks and other requirements; and Seconded by Resnick. Motion carried 7-0. WHEREAS, the Zoning Advisory Commis- sion has given reasonable consideration, Unified Development Code (Second Read-among other things, to the character of the ing on October 5, 2009): Zoning Advisory area of the district and the peculiar suitability Commission recommending adoption of Op-of such area for particular uses, with a view to tion #4 for the Unified Development Code Sec-conserving the value of buildings and encour- tion 11-9 – Recreational Open Space. aging the most appropriate use of lands City Manager transmitting the Unified De-throughout the City; and velopment Code for the third reading and re-WHEREAS, the Zoning Advisory Commis- commending amendments to the Unified De-sion has made a preliminary report and held velopment Code (UDC) for consideration by public hearings thereon, and has thereafter the City Council. submitted its final report to the City Council; Motion by Connors for final consideration and and passage of Ordinance No. 52-09, as WHEREAS, the City Council has given due amended, and including Option #4, Establish-public notice of hearings relating to the Unified ing the Unified Development Code for the City Development code, zoning districts, regula- of Dubuque, Iowa and providing for the admin-tions, and restrictions, and has held such pub- istration, enforcement and amendment thereof lic hearings; and in accordance with the provisions of the Code WHEREAS, all requirements of the Code of Iowa and for the repeal of all ordinances in of Iowa with regard to the preparation of the conflict herewith. Seconded by Jones. Motion report of the Zoning Advisory Commission and carried 7-0. subsequent action of the City Council have been met; OFFICIAL PUBLICATION NOW THEREFORE BE IT ORDAINED BY ORDINANCE NO. 52-09 THE CITY COUNCIL OF THE CITY OF DU- ESTABLISHING THE UNIFIED DEVELOP- BUQUE IOWA: MENT CODE FOR THE CITY OF DUBUQUE, Section 1. That Appendix A (The Zoning IOWA AND PROVIDING FOR THE ADMIN- Ordinance), Title 14 Chapter 6 Historic Preser- ISTRATION, ENFORCEMENT AND vation, Title 15 Chapter 3 Zoning Advisory AMENDMENT THEREOF IN ACCORDANCE Commission, Title 16 Subdivisions and Title 14 WITH THE PROVISIONS OF THE CODE OF Chapter 10 Signs, are hereby repealed in ac- IOWA AND FOR THE REPEAL OF ALL OR- cordance with the provisions of the Code of DINANCES IN CONFLICT HEREWITH Iowa. WHEREAS, the provisions of the Code of Section 2. That the City of Dubuque Code Iowa empower the City of Dubuque, Iowa to of Ordinances is hereby amended by adopting enact a Unified Development Code and to Title 16, Unified Development Code, attached provide for its administration, enforcement and hereto and incorporated herein, in accordance amendment; and with the provisions of the Code of Iowa. WHEREAS, the City Council deems it ne-Section 3. This ordinance shall take effect cessary for the purpose of promoting the immediately upon publication, as provided by health, safety, morals and general welfare of law. th the City to enact such an ordinance; and Passed, approved and adopted this 19 WHEREAS, the City Council pursuant to day of October, 2009. the provisions of the Code of Iowa has ap-/s/Roy D. Buol, Mayor pointed a Zoning Advisory Commission to rec-Attest: ommend the boundaries of the original districts /s/Jeanne F. Schneider, CMC, City Clerk and appropriate regulations to be enforced Published officially in the Telegraph Herald th therein; and Newspaper the 20 day of November, 2009. WHEREAS, the Zoning Advisory Commis-/s/Jeanne F. Schneider, CMC, City Clerk Note: The complete UDC was published as a sion has divided the City into districts of such ( supplement in the Telegraph Herald Newspa- number, shape and area as are deemed best per on November 20, 2009.) suited to carry out the purpose of this ordin- ance and has prepared regulations pertaining to such districts in accordance with a compre-Regional Transit Authority Shuttle Service hensive plan and design to lessen congestions to NICC: City Manager recommending consid- in the streets; to secure safety from fire, flood, eration of a partnership with RTA and to assist panic, and other dangers; to promote health with funding the NICC shuttle service at a re- and the general welfare, to provide adequate duced service level for the remainder of the light and air, to prevent the overcrowding of 2009-2010 school year, at a cost of up to land; to avoid undue concentration of popula-$12,000 in City funds to equally split the net tion; to facilitate the adequate provision of cost of the reduced shuttle service with the Book 139 Regular Session, October 19, 2009 403 RTA. Motion by Connors to receive and file the Whereas, sealed proposals have been documents and approve the recommendation. submitted by contractors for the Salt Dome Seconded by Lynch. Motion carried 7-0. RTA Conveyor Project (the Project) pursuant to Director Mark Munson responded to questions Resolution Number 333-09 and Notice to Bid- from the City Council. ders published in the City of Dubuque, Iowa on th the 11 day of September, 2009. 2009 Sewer Cured-in-Place Pipe (CIPP) Whereas, said sealed proposals were th Lining Project: City Manager recommending opened and read on the 6 day of October, award of the contract for the 2009 Sewer 2009 and it has been determined that Conlon Cured-in-Place Pipe Lining Project to Visu-Construction Company of Dubuque, Iowa with Sewer, Inc., in the amount of $134,861.25. a bid in the amount of $128,400.00 is the low- Motion by Jones to receive and file the docu-est, responsive, responsible bidder for the ments and adopt Resolution No. 424-09 Awarding Project. public improvement contract for the 2009 Sewer NOW, THEREFORE, BE IT RESOLVED Cured-in-Place Pipe Lining Project. Seconded by BY THE CITY COUNCIL OF THE CITY OF Braig. Motion carried 7-0. DUBUQUE, IOWA: That the Public Improvement Contract for RESOLUTION NO. 424-09 the Project is hereby awarded to Conlon Con- AWARDING PUBLIC IMPROVEMENT CON- struction Company and the City Manager is TRACT FOR THE 2009 SEWER CIPP LINING hereby directed to execute a Public Improve- PROJECT ment Contract on behalf of the City of Dubu- Whereas, sealed proposals have been que for the Project. th submitted by contractors for the 2009 Sewer Passed, adopted and approved this 19 CIPP Lining Project (the Project) pursuant to day of October, 2009. Resolution No. 358-09 and Notice to Bidders Roy D. Buol, Mayor published in a newspaper published in the City Attest: Jeanne F. Schneider, CMC, City Clerk th of Dubuque, Iowa on the 25 day of Septem- ber, 2009. Mississippi River Partnership: City Manag- Whereas, said sealed proposals were er recommending that Mayor Roy Buol solicit th opened and read on the 10 day of Septem-citizen interest to be considered for an ap- ber, 2009 and it has been determined that pointment as the City representative to the Visu-Sewer, Inc of Pewaukee, Wisconsin, with Mississippi River Partnership Council or ap- a bid in the amount of $134,861.25, is the low-point a member of the City Council. Motion by est responsive, responsible bidder for the Connors to receive and file and to solicit a Project. citizen with an environmental background to NOW THEREFORE, BE IT RESOLVED be appointed at the November 2, 2009 meet- BY THE CITY COUNCIL OF THE CITY OF ing. Seconded by Voetberg. Steinhauser DUBUQUE, IOWA: stated that the position can be advertised and That a Public Improvement Contract for the applied for through a process similar to that Project is hereby awarded to Visu-Sewer, Inc used by the City’s boards and commissions. and the City Manager is hereby directed to Motion carried 7-0. execute a Public Improvement Contract on COUNCIL MEMBER REPORTS behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 19 day of October, 2009. Connors reported that Director of the Iowa Roy D. Buol, Mayor Great Places Cynthia Peterson was unable to Attest: Jeanne F. Schneider, CMC, City Clerk locate the City’s Iowa Great Places award on the City’s web page. Steinhauser confirmed Salt Dome Conveyer Project: City Manager that it does appear and will relay that to Ms. recommending award of the contract for the Peterson. Salt Dome Conveyer Project to Conlon Con-Voetberg reported that at a recent Iowa struction in the amount of $128,400. Motion by DOT meeting, he and Council Member Res- Lynch to receive and file the documents and nick extended Mayor Buol’s invitation to hold a adopt Resolution No. 425-09 Awarding public DOT public meeting in Dubuque in 2010. improvement contract for the Salt Dome Con- veyor Project. Seconded by Braig. Motion car-There being no further business, upon mo- ried 7-0. tion the City Council adjourned at 8:05 p.m. RESOLUTION NO. 425-09 /s/Jeanne F. Schneider, CMC AWARDING PUBLIC IMPROVEMENT CON- City Clerk TRACT FOR THE SALT DOME CONVEYOR PROJECT 404 Regular Session, November 2, 2009 Book 139 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Paul M. Olson for vehicle damage; Dan Boge for property dam- CITY COUNCIL age; Dan Curler for loss of property; John Er- OFFICIAL volino for property damage PROCEEDINGS Upon motion the documents were received and filed and referred to the City Attorney. The Dubuque City Council met in regular City Attorney advising that the following session at 6:30 p.m. on November 2, 2009 in claims have been referred to Public Entity Risk the Historic Federal Building. Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Dan Boge for prop- Present: Mayor Buol, Council Members erty damage; Dan Curler for loss of property; Braig, Connors, Jones, Lynch, Resnick, Voet- Joseph and Dixie Rubino for personal injury berg, City Manager Van Milligen, Assistant City Attorney recommending settlement of City Attorney O’Brien the claim of John Ervolino for property damage Upon motion the documents were re- Mayor Buol read the call and stated this is ceived, filed, and concurred. a regular session of the City Council to act upon such business that may properly come Civil Service Commission: Civil Service before the City Council. Commission submitting the certified list for the position of Equipment Operator I. Upon motion Pledge of Allegiance the document was received and filed and made a Matter of Record. Invocation was provided by Sister Mary Ann Zollman of the Sisters of Charity, BVM October 16, 2009 Center. Honorable Mayor and Members of the City Council PROCLAMATIONS In accordance with Chapter 400 of the Code of Iowa, an examination for the position Philanthropy Day (November 13, 2009) of Equipment Operator I was given on Sep- was accepted by Dan McCarthy, Greater Tri- tember 21, 2009. We hereby certify that the State Chapter of the Association of Fundrais- individuals listed below have passed this writ- ing Professionals, 1104 N. Clark Lane, Gale- ten examination and the vacancy for this posi- na, IL; Ruby Sutton Day (November 15, 2009) tion should be made from this list and that this was accepted by Ruby Sutton and family, 861 list is good for two (2) years from above date. Air Hill Street; Hospice Month (November, 2009) was accepted by Carole Caroll, Hospice EQUIPMENT OPERATOR I of Dubuque, 2255 John F. Kennedy Road. Gary Valentine Jerome Ben William Gansen Raymond Behnke CONSENT ITEMS Paul Dement Jeff Steuer Randy Hancock David Healy Motion by Lynch to receive and file the Respectfully submitted, documents, adopt the resolutions, and dispose Dan White, Chairperson of as indicated. Seconded by Connors. Jones Jim Schilling requested (#12) Novogradac Community De- Betty Takes velopment Foundation (NCDF) be held for Civil Service Commission separate discussion. Motion carried 7-0. Northeast Iowa Small Business Develop- Minutes and Reports Submitted: Arts and ment Center: Communication verifying that Cultural Affairs Advisory Commission of 8/25; Northeast Iowa Community College of Calmar City Council of 10/19; Civil Service Commis- has contributed $10,000 to be made available sion of 9/8 and 10/6; Environmental Steward- to the Northeast Iowa SBDC on July 1, 2008. ship Advisory Commission of 10/6; Housing Communication verifying that Northeast Commission of 8/25; Housing Code Appeals Iowa Community College of Calmar has con- Board of 9/15; Park and Recreation Commis- tributed $10,000 to be made available to the sion of 10/13 Northeast Iowa SBDC on July 1, 2009. Proofs of publication of City Council Pro- Upon motion the documents were received ceedings of October 5, 2009 (Special Meeting and filed. and Regular Session) Upon motion the documents were received Washington Neighborhood Development and filed. Corporation (WNDC): City Manager recom- mending approval of a letter of support for a Washington Neighborhood Development Cor- Book 139 Regular Session, November 2, 2009 405 CITY ENGINEER’S CERTIFICATE OF FI- poration grant application to the Neighbor- NAL COMPLETION OF THE CLEVELAND Works America organization in the amount of AVENUE RECONSTRUCTION PROJECT – $150,000. Upon motion the documents were BRYANT STREET TO VILLA STREET received, filed, and approved. The undersigned City Engineer of the City Cleveland Avenue Reconstruction Project: of Dubuque, Iowa, hereby certifies that he has City Manager recommending acceptance of inspected the Cleveland Avenue Reconstruc- the Cleveland Avenue Reconstruction Project tion Project - Bryant Street to Villa Street, that as completed by Horsfield Construction, Inc., the Project has been performed in compliance in the final contract amount of $1,669,582.56 with the terms of the Public Improvement Con- and adoption of the final schedule of assess-tract, and that the total cost of the completed ments. Upon motion the documents were re-work is $1,837,702.32. rd ceived and filed and Resolution No. 426-09 Dated this 23 day of October, 2009. Accepting the Cleveland Avenue Reconstruc-Gus Psihoyos, City Engineer rd tion Project – Bryant Street to Villa Street and Filed in the office of the City Clerk on the 23 authorizing payment of the contract amount to day of October, 2009. the contractor and Resolution No. 427-09 Jeanne F. Schneider, CMC, City Clerk Adopting the final assessment schedule for the RESOLUTION NO. 427-09 Cleveland Avenue Reconstruction Project – ADOPTING THE FINAL ASSESSMENT Bryant Street to Villa Street Project were SCHEDULE FOR THE CLEVELAND AVE- adopted. NUE RECONSTRUCTION PROJECT RESOLUTION NO. 426-09 BRYANT STREET TO VILLA STREET ACCEPTING THE CLEVELAND AVENUE NOW, THEREFORE, BE IT RESOLVED RECONSTRUCTION PROJECT – BRYANT BY THE CITY COUNCIL OF THE CITY OF STREET TO VILLA STREET AND AUTHO- DUBUQUE, IOWA: RIZING THE PAYMENT OF THE CONTRACT After full consideration, the Final Schedule AMOUNT TO THE CONTRACTOR of Assessments as shown on the attached Whereas, the Public Improvement Contract sheet(s), Page 1 to Page 2 inclusive, is hereby for the Cleveland Avenue Reconstruction approved for the Cleveland Avenue Recon- Project - Bryant Street to Villa Street (the struction Project - Bryant Street to Villa Street. Project) has been completed and the City En-There is hereby assessed and levied as a gineer has examined the work and filed a cer-special tax against and upon each of the bene- tificate stating that the Project has been com-fited properties, the respective sums indicated. pleted according to the terms of the Public The amounts shown in said Final Schedule of Improvement Contract and that the City Engi-Assessments as deficiencies are found to be neer recommends that the Project be ac-proper and levied conditionally against the cepted; and respective properties benefited by the im- NOW THEREFORE, BE IT RESOLVED provements as shown in the Final Schedule of BY THE CITY COUNCIL OF THE CITY OF Assessments, subject to the provisions of Iowa DUBUQUE, IOWA: Code § 384.63. Said assessments against Section 1. The recommendation of the City said lots are hereby declared to be in propor- Engineer is approved and the Project is hereby tion to the special benefits conferred and not in accepted. excess of twenty-five percent of the value of Section 2. The Finance Director is hereby same. directed to pay to the Contractor from the The City Clerk be and is hereby directed to Street Construction Program, Watermain Re-certify the Final Schedule of Assessments to placement Program, Street Program Related the County Treasurer of Dubuque County, Sanitary Sewer Improvements, Cleveland Iowa, and to publish notice of said certification Avenue (Bryant to Villa) Storm Sewer Im-once each week for two consecutive weeks in provements, and Fiber Optic Conduit – Paving the manner provided in Iowa Code § 362.3, Projects appropriations for the contract amount the first publication of which shall be not more of $1,669,582.56 less any retained percentage than fifteen days from the date of filing of the provided for therein as provided in Iowa Code Final Schedule of Assessments. On or before chapter 573, and to pay such retainage only in the date of the second publication of the no- accordance with the provisions of Iowa Code tice, the City Clerk shall also mail a copy of chapter 573. said notice to property owners whose property nd Passed, approved and adopted this 2 day is subject to assessment, as provided in Iowa of November, 2009. Code § 384.60. Roy D. Buol, Mayor The assessments may be paid in full or in Attest: Jeanne F. Schneider, CMC, City Clerk part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubu- que, Iowa, at any time within 30 days after the 406 Regular Session, November 2, 2009 Book 139 date of the first notice of the Final Schedule of nage only in accordance with the provisions of Assessments. Thereafter, unpaid assessments Iowa Code chapter 573. nd of $100.00 or more are payable in 10 annual Passed, approved and adopted this 2 day installments at the County Treasurer’s Office, of November, 2009. Dubuque County Courthouse, 720 Central Roy D. Buol, Mayor Avenue, Dubuque, Iowa, and will draw annual Attest: Jeanne F. Schneider, CMC, City Clerk interest at nine percent (9%) computed to De- CITY ENGINEER’S CERTIFICATE OF FINAL cember 1 next following the due dates of the COMPLETION OF THE LOUISE LANE respective installments as provided in Section BRIDGE RECONSTRUCTION PROJECT 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its The undersigned City Engineer of the City due date on July 1 of each year. However, of Dubuque, Iowa, hereby certifies that he has when the last day of September is a Saturday inspected the Louise Lane Bridge Reconstruc- or Sunday, that amount shall be delinquent tion Project, that the Project has been per- from the second business day of October. De-formed in compliance with the terms of the linquent installments will draw the same delin-Public Improvement Contract, and that the quent interest as ordinary taxes. Property total cost of the completed work is owners may elect to pay any annual install-$273,805.17. rd ments semi-annually in advance. Dated this 23 day of October, 2009. nd Passed, approved and adopted this 2 day Gus Psihoyos, City Engineer rd of November, 2009. Filed in the office of the City Clerk on the 23 Roy D. Buol, Mayor day of October, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Jeanne F. Schneider, CMC, City Clerk Louise Lane Bridge Reconstruction Dubuque Regional Humane Society: City Project: City Manager recommending accep-Manager communication to The Miccio Foun- tance of the Louise Lane Bridge Reconstruc-dation in support of the Dubuque Regional tion Project as completed by Jim Schroeder Humane Society’s grant application for veteri- Construction, Inc., of Bellevue, Iowa, in the nary equipment for a spay and neuter clinic. final contract amount of $215,630.30. Upon Upon motion the document was received and motion the documents were received and filed filed. and Resolution No. 428-09 Accepting the Louise Lane Bridge Reconstruction Project Renewal Rates – Voluntary Dental Plan: and authorizing payment of the contract City Manager recommending approval of the amount to the contractor was adopted. renewal rates for the City’s voluntary dental plan. Upon motion the documents were re- RESOLUTION NO. 428-09 ceived, filed, and approved. ACCEPTING THE LOUISE LANE BRIDGE RECONSTRUCTION PROJECT AND AU- Legislative Correspondence: Correspon- THORIZING THE PAYMENT OF THE CON- dence to Senator Tom Harkin and Senator TRACT AMOUNT TO THE CONTRACTOR Charles Grassley requesting that they cospon- Whereas, the Public Improvement Contract sor the Community Restoration and Revitaliza- for the Louise Lane Bridge Reconstruction tion Act, which updates the Historic Tax Credit Project (the Project) has been completed and and would provide greater opportunities for the the City Engineer has examined the work and reuse of historic and older buildings. Upon filed a certificate stating that the Project has motion the documents were received and filed. been completed according to the terms of the Public Improvement Contract and that the City Mediacom: Communication from Lee Engineer recommends that the Project be ac-Grassley, Mediacom Senior Manager – Gov- cepted; and ernment Relations, advising of upcoming NOW THEREFORE, BE IT RESOLVED channel changes. Upon motion the document BY THE CITY COUNCIL OF THE CITY OF was received and filed. DUBUQUE, IOWA: Section 1. The recommendation of the City Novogradac Community Development Engineer is approved and the Project is hereby Foundation (NCDF): Notification from the No- accepted. vogradac Community Development Founda- Section 2. The Finance Director is hereby tion (NCDF) that City Manager Michael C. Van directed to pay to the Contractor from the Milligen has been named the Public Executive Louise Lane Bridge Reconstruction Capital of the Year. Motion by Jones to receive and Improvement Project appropriation for the con-file the document. Seconded by Connors. tract amount of $215,630.30 less any retained Council Member Jones congratulated the City percentage provided for therein as provided in Manager on behalf of the City Council. Motion Iowa Code chapter 573, and to pay such retai-carried 7-0. Book 139 Regular Session, November 2, 2009 407 Online Employment Application Vendor: Center and Kwik Stop Food Mart were City Manager recommending approval of a adopted. contract with NeoGov to provide enhanced RESOLUTION NO. 429-09 online employee application services. Upon motion the documents were received, filed, Whereas, applications for Beer Permits and approved. have been submitted and filed to this Council for approval and the same have been ex- KeyLine Transit Board: Communication amined and approved: and from John Curtis submitting his resignation Whereas, the premises to be occupied by from the KeyLine Transit Board due to his re-such applicants were inspected and found to location out of State. Upon motion the docu-comply with the Ordinances of the City and ment was received and filed and the resigna-have filed proper bonds. tion accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Unified Therapy Services: Communication DUBUQUE, IOWA: from Sarah Biedermann, Director of Marketing That the Manager be authorized to cause and Billing for Unified Therapy Services, to be issued the following named applicants a thanking the City of Dubuque for their assis-Beer Permit. tance in making the Autism Speaks run / walk CLASS “C” BEER PERMIT a success. Upon motion the document was Rainbo Oil Company, Kwik Stop Food received and filed. Mart+(Sunday Sale), 4039 Pennsylvania Ave- nue East Central Intergovernmental Associa-Passed, approved and adopted this 2nd tion: Communication from Kelley Hutton day of November, 2009. Deutmeyer, East Central Intergovernmental Roy D. Buol, Mayor Association, thanking the City Council for their Attest: Jeanne F. Schneider, CMC, City Clerk approval and support of the Regional Transit RESOLUTION NO. 430-09 Authority’s request to partner with the City of Dubuque in providing funds for the Northeast Whereas, applications for Liquor Licenses Iowa Community College’s shuttle route. Upon have been submitted to this Council for ap- motion the document was received and filed. proval and the same have been examined and approved; and Quarterly Investment Report: City Manager Whereas, the premises to be occupied by transmitting the September 30, 2009 Quarterly such applicants were inspected and found to Investment Report. Upon motion the docu-comply with the State Laws and all City Ordin- ments were received and filed. ances relevant thereto and they have filed proper bonds. Community Development Advisory Com-NOW, THEREFORE, BE IT RESOLVED mission: City Manager recommending approv-BY THE CITY COUNCIL OF THE CITY OF al of the appointment of Char Eddy as the DUBUQUE, IOWA: Housing Commission Liaison to the Communi-That the Manager be authorized to cause ty Development Advisory Commission. Upon to be issued the following named applicants a motion the documents were received, filed, Liquor License. and approved. CLASS “C” BEER/LIQUOR LICENSE Hernandez Corporation, Yen Ching , 926 Liquor License Refund: Request of Beverly Main Street Larsen, Denny’s Lux Club, requesting a refund Aragon Tap Inc, Aragon Tap +(Sunday of her Beer/Liquor License. Upon motion the Sale), 1103 Iowa Street document was received and filed and the re-L. May, Inc, L. May +(Sunday & Outdoor fund approved. Sale), 1072 Main Street SPECIAL CLASS “C” LIQUOR LICENSE Liquor License Applications: City Manager CCW, LLC, HuHot Mongolian Grill recommending approval of annual liquor li-+(Sunday Sale), 555 JFK Road cense renewals as submitted. Upon motion the CLASS “WBN”(NATIVE WINE) LICENSE documents were received and filed and Reso-Dubuque Humane Society, Dubuque Hu- lution No. 429-09 Granting the issuance of a mane Society Adoption Center, 555 JFK Road Class “C” Beer Permit to Kwik Stop Food Mart; Rainbo Oil Company, Kwik Stop Food and Resolution No. 430-09 Granting the is-Mart, 4039 Pennsylvania Avenue suance of a Class “C” Beer/Liquor License to Passed, approved and adopted this 2nd Yen Ching, Aragon Tap and L May; a Special day of November, 2009. Class “C” Liquor License to HuHot Mongolian Roy D. Buol, Mayor Grill; and a Class “WBN” (Native Wine) Li-Attest: Jeanne F. Schneider, CMC, City Clerk cense to Dubuque Humane Society Adoption 408 Regular Session, November 2, 2009 Book 139 PUBLIC HEARINGS project re-bid at a later date. Motion by Braig to receive and file the documents and adopt Upon motion the rules were suspended al-Resolution No. 432-09 Rejecting all competi- lowing anyone present to address the City tive bids for the North Fork Catfish Creek Council. Stormwater and Sanitary Sewer Reconstruc- tion Project – Phase III. Seconded by Voet- Historic Shot Tower Rehabilitation Project berg. Motion carried 7-0. – Phase I: Proof of publication on notice of RESOLUTION NO. 432-09 public hearing to consider the plans and speci- REJECTING ALL COMPETITIVE BID PRO- fications, form of contract and estimated cost POSALS RECEIVED FOR THE NORTH for the Historic Shot Tower Rehabilitation FORK CATFISH CREEK STORMWATER Project – Phase I and City Manager recom- AND SANITARY SEWER IMPROVEMENTS mending approval. Motion by Connors to re- PROJECT – PHASE III ceive and file the documents and adopt Reso- lution No. 431-09 Preliminary approval of Whereas, competitive sealed bid proposals plans, specifications, form of contract, and have been submitted by contractors for the estimated cost for the Historic Shot Tower North Fork Catfish Creek Stormwater and Sa- Rehabilitation Project – Phase I. Seconded by nitary Sewer Improvements Project – Phase III Braig. Motion carried 7-0.(the Project) pursuant to Resolution No. 390- 09 and Notice to Bidders published in a news- RESOLUTION NO. 431-09 paper published in the City of Dubuque, Iowa th APPROVAL OF PLANS, SPECIFICATIONS, on the 9 day of October, 2009; and FORM OF CONTRACT, AND ESTIMATED Whereas, said competitive sealed bid pro- nd COST FOR THE HISTORIC SHOT TOWER posals were opened and read on the 22 day REHABILITATION PROJECT - PHASE I of October, 2009; and NOW THEREFORE, BE IT RESOLVED Whereas, the City Council has deemed it BY THE CITY COUNCIL OF THE CITY OF advisable to reject all competitive sealed bid DUBUQUE, IOWA: proposals the Project. That the proposed plans, specifications, NOW THEREFORE, BE IT RESOLVED form of contract and estimated cost for the BY THE CITY COUNCIL OF THE CITY OF Historic Shot Tower Rehabilitation Project - DUBUQUE, IOWA: Phase I, in the estimated amount $699,762.00, Section 1. All of the competitive sealed bid are hereby approved. proposals for the North Fork Catfish Creek nd Passed, adopted and approved this 2 day Stormwater and Sanitary Sewer Improvements of November, 2009. Project – Phase III are hereby rejected. Roy D. Buol, Mayor Section 2. The City Clerk is authorized and Attest: Jeanne F. Schneider, CMC, City Clerk instructed to return the bid deposits of the un- successful bidders for North Fork Catfish Upon motion the rules were suspended li-Creek Stormwater and Sanitary Sewer Im- miting discussion to the City Council. provements Project – Phase III. nd Passed, approved and adopted this 2 day ACTION ITEMS of November, 2009. Roy D. Buol, Mayor Citizen Request: Request of Lance Knabel, Attest: Jeanne F. Schneider, CMC, City Clerk 1971 University, to address the Council re- garding parking in his neighborhood. Mr. Kna-Bicycle Ordinance: City Manager recom- bel asked City Council to consider changing mending approval of an ordinance related to the “No Student” parking in front of his house the definition of bicycles which will bring the to “Residential Only” parking. After responding Code of Ordinances in alignment with State to questions from City Council, City Engineer law updates. Motion by Jones to receive and Gus Psihoyos asked Mr. Knabel to contact the file the documents and that the requirement Engineering Department to consider a Resi-that a proposed ordinance be considered and dential Parking Permit District designation for voted on for passage at two Council meetings the area. Motion by Connors to receive and file prior to the meeting at which it is to be passed the document. Seconded by Braig. Motion be suspended. Seconded by Resnick. Motion carried 7-0. carried 7-0. Motion by Jones for final consideration and North Fork Catfish Creek Stormwater and passage of Ordinance No. 53-09 Amending Sanitary Sewer Reconstruction Project – the City of Dubuque Code of Ordinances Title Phase III. City Manager recommending that all 9 Motor Vehicles and Traffic, Chapter 1 Gen- bids received for the North Fork Catfish Creek eral Provisions, Section 9-1-321.1 Definitions, Stormwater and Sanitary Sewer Reconstruc-by amending the definition of bicycle and mo- tion Project – Phase III be rejected and the Book 139 Regular Session, November 2, 2009 409 torized bicycle or motor bicycle. Seconded by ment that a proposed ordinance be considered Connors. Motion carried 7-0. and voted on for passage at two Council meet- ings prior to the meeting at which it is to be OFFICIAL PUBLICATION passed be suspended. Seconded by Braig. ORDINANCE NO. 53-09 Motion carried 7-0. AMENDING CITY OF DUBUQUE CODE OF Motion by Connors for final consideration ORDINANCES TITLE 9 MOTOR VEHICLES and passage of Ordinance No. 54-09 Amend- AND TRAFFIC, CHAPTER 1 GENERAL ing Title 7 Police, Fire, and Public Safety, PROVISIONS, SECTION 9-1-321.1 DEFINI- Chapter 5 Offenses, Article A General Of- TIONS, BY AMENDING THE DEFINITION OF fenses, of the City of Dubuque Code of Ordin- BICYCLE AND MOTORIZED BICYCLE OR ances by adding a new Section 7-5A-17 Ag- MOTOR BICYCLE gressive Panhandling Prohibited, defining and NOW, THEREFORE, BE IT ORDAINED prohibiting aggressive panhandling, and pro- BY THE CITY COUNCIL OF THE CITY OF viding penalties for the violation thereof. DUBUQUE, IOWA: Seconded by Braig. Motion carried 7-0. Section 1. Section 9-1-321.1 of the City of OFFICIAL PUBLICATION Dubuque Code of Ordinances is amended to ORDINANCE NO. 54-09 read as follows: AMENDING TITLE 7 POLICE, FIRE, AND 9-1-321.1. Definitions. PUBLIC SAFETY, CHAPTER 5 OFFENSES, The following words and phrases, when ARTICLE A GENERAL OFFENSES, OF THE used in this title shall, for the purpose of this CITY OF DUBUQUE CODE OF ORDIN- title, have the meanings respectively ascribed ANCES BY ADDING A NEW SECTION 7-5A- to them in this section: . . . . 17 AGGRESSIVE PANHANDLING PROHI- BITED DEFINING AND PROHIBITING AG- Bicycle: GRESSIVE PANHANDLING AND PROVID- A. A device having two (2) or ING PENALTIES FOR THE VIOLATION more wheels and having at least one (1) THEREOF saddle or seat for the use of a rider which is propelled by human power; or NOW, THEREFORE, BE IT ORDAINED B. A device having two (2) or BY THE CITY COUNCIL OF THE CITY OF three (3) wheels with fully operable pedals DUBUQUE, IOWA: and an electric motor of less than seven Section 1. Title 7, Chapter 5, Article A of hundred fifty (750) watts (one (1) horse-the City of Dubuque Code of Ordinances is power), with a maximum speed on a paved amended by adding thereto the following new level surface, when powered solely by section: such a motor while ridden, is less than 7-5A-17. Aggressive Panhandling Prohi- twenty (20) miles per hour. bited. . . . . 1. Purpose. Motorized Bicycle or Motor Bicycle: A a. The purpose of this Ordinance is motor vehicle having a saddle or a seat for to ensure unimpeded pedestrian traffic the use of a rider and designed to travel on flow, to maintain and protect the physical not more than three (3) wheels in contact safety and well-being of pedestrians, and with the ground, and not capable of operat-to otherwise foster a safe and harassment- ing at a speed in excess of thirty (30) miles free climate in public places in the City of per hour on level ground unassisted by Dubuque. human power. b. This Ordinance is not intended to . . . . limit any person from exercising such per- Section 2. This Ordinance shall take effect son’s constitutional right to solicit funds, upon on publication. picket, protest, or engage in other constitu- nd Passed, approved and adopted the 2day tionally protected activity. of November, 2009. 2. Definitions. As used in this Ordin- /s/Roy D. Buol, Mayor ance, the following terms shall have the follow- Attest: ing meanings, unless the context clearly indi- /s/Jeanne F. Schneider, CMC, City Clerk cates that a different meaning is intended: Published officially in the Telegraph Herald a. Aggressive panhandling means th Newspaper the 6 day of November, 2009. panhandling which demonstrates a specific /s/Jeanne F. Schneider, CMC, City Clerk intent to induce, solicit, or procure from another goods or money which includes Panhandling Ordinance: City Manager re-one (1) or more of the following actions: commending approval of an ordinance which i. The touching of the solicited would prohibit aggressive panhandling in the person without the solicited person’s City of Dubuque. Motion by Connors to receive consent; and file the documents and that the require- 410 Regular Session, November 2, 2009 Book 139 ii. Blocking the path of travel of ting, or engaging in a musical performance the person being solicited; or other street performance with a sign or iii. Blocking the entry or exit of other indication that donations are being a person being solicited to any vehicle sought without any verbal request for a do- or building; nation other than in response to an inquiry iv. Continuing to solicit or re-by another person. quest a donation from a person after e. Public place means any area that person has refused an earlier re-generally visible to public view and in- quest verbally or has ignored the re-cludes streets, right-of-ways, sidewalks, quest; bridges, alleys, plazas, parks, driveways, v. Following or remaining parking lots, communication facilities, alongside a person who, after being so-transportation facilities, and buildings open licited, walks away from the person to the general public including those which panhandling and doing the same in a serve food or drink or provide entertain- manner that would cause a reasonably ment, and the doorways, entrances, or prudent person to feel threatened, inti-other openings in buildings or dwellings midated, or fearful; and the grounds enclosing them. vi. Making any statement, ges-f. Threats mean statements, ges- ture, or other communication that would tures, or other forms of communication cause a reasonably prudent person to which a reasonably prudent person would feel threatened, intimidated, or fearful; perceive as intending to result in the pro- vii. Soliciting a person who is in curement of money or goods by intimida- a situation in which it would be obvious tion or coercion. to a reasonably prudent person that the 3. Prohibited Acts. person being solicited would not feel a. It shall be unlawful for any per- free to immediately walk away, and son, either individually or as part of a shall include, but is not limited to, soli-group, to engage in aggressive panhan- citing the person at any bus stop, in dling in any public place. any public transportation vehicle, in a b. It shall be unlawful for two (2) or line waiting for service or admission, or more persons to intentionally work in con- dining at an outdoor service area; cert to commit acts that would constitute viii. Soliciting a person within fif-aggressive panhandling if those acts were ty feet (50’) of an automatic teller ma-performed by a single individual. chine or an entrance to a bank or simi-c. To constitute a violation of this lar institution; Section the violator’s conduct must be ix. Behavior which would deter such as to demonstrate a specific intent to a reasonably prudent person from induce, solicit, or procure from another passing through or remaining in or near goods or money. any thoroughfare, or public place be-4. Penalty. A violation of this Section cause of fear, concern, or apprehen-may be prosecuted as a criminal or civil mat- sion caused by such behavior. ter, and upon conviction an individual is sub- b. Automated teller machine means ject to a penalty and other relief in accordance a device, linked to a financial institution’s with Sections 1-4-1 and 1-4-2 of the Code of account records, which is able to carry out Ordinances. transactions, including, but not limited to, 5. Severability. If any of the provisions account transfers, deposits, cash with-of this Ordinance are for any reason deemed drawals, balance inquiries, and mortgage illegal or void, then the lawful provisions of this and loan payments. Ordinance, which are separable from said un- c. Intimidation means conduct lawful or void provisions, shall be and remain which repeatedly interferes with the free in full force and effect, the same as if this Or- passage of other persons in or into public dinance contained no illegal or void provisions. places or which demonstrates an attempt Section 2. This Ordinance shall take effect to discourage the free passage of other upon publication. nd persons in or into public places. Passed, approved and adopted the 2 day d. Panhandling means any request of November, 2009. for or solicitation of an immediate donation /s/Roy D. Buol, Mayor of money, and includes a request or solici-Attest: tation to purchase an item for an amount /s/Jeanne F. Schneider, CMC, City Clerk far exceeding its value and circumstances Published officially in the Telegraph Herald th where a reasonably prudent person would Newspaper the 6 day of November, 2009. understand that the purchase is in sub-/s/Jeanne F. Schneider, CMC, City Clerk stance a donation. Panhandling shall not include the act of passively standing, sit- Book 139 Regular Session, November 2, 2009 411 February 15, 2010 City Council Meeting: City Manager recommending that the City Council meeting scheduled for Tuesday, Feb- ruary 16, 2010 be changed to Monday, Febru- ary 15, 2010 (President’s Day). Motion by Jones to receive and file the documents and that the requirement that a proposed ordin- ance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 55-09 Changing the date for the second regular City Council meet- ing in February 2010 from February 16, 2010 to February 15, 2010. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 55-09 CHANGING THE DATE FOR THE SECOND REGULAR CITY COUNCIL MEETING IN FEBRUARY 2010 FROM FEBRUARY 16, 2010 TO FEBRUARY 15, 2010 Section 1. Sec. 2-33. Types of meetings, of the City of Dubuque Code of Ordinance not- withstanding, the second regular City Council meeting in February 2010 shall be held on the th 15 day of February. Section 2. This Ordinance shall take effect upon publication. nd Passed, approved and adopted the 2 day of November, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 6 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Resnick encouraged citizens to vote on November 3, 2009. There being no further business, upon mo- tion the City Council adjourned at 7:23 p.m. /s/Jeanne F. Schneider, CMC City Clerk 412 Special Session, November 16, 2009 Book 139 CITY OF DUBUQUE, IOWA  route changes  subsidized taxi service CITY COUNCIL Equipment and facilities OFFICIAL  improved signage PROCEEDINGS  review bus size and type Recommendations:  Service plan: The Dubuque City Council met in special changes in hours of opera- session at 5:00 p.m. on November 16, 2009 in o tion and routes the Historic Federal Building. central transfer point o year-round downtown shut- Present: Mayor Buol, Council Members o tle Braig, Connors, Jones, Resnick, Voetberg, circulator route City Manager Van Milligen, City Attorney Lin- o on-demand/response ser- dahl o vice integration with Regional Absent: Council Member Lynch o Transit Authority Mini Bus consolidation Mayor Buol read the call and stated this is o  a special session of the City Council to con- Technology use: duct a work session regarding the Transit passenger information o Study. signs real-time Internet infor- o Economic Development Director Dave mation Heiar provided a brief history of the project and queue-jump lanes o an overview of the work session process. traffic signal priority o  A.T. Stoddard, LSC Transportation Consul- Facility and equipment needs: tants, 516 North Tejon Street, Colorado vehicle replacement, ad- o Springs, Colorado, presented a slide show ditions, and changes which reviewed the study process since De- central transfer facility o cember 2008, key findings, and recommenda- bus stop improvements o tions. vehicle storage o Public input was received from an on- Financial plan review board survey, community meetings, stake- holder meetings, advisory committee meet- City Council discussion included questions ings, and website information. regarding the impact on full- and part-time Public input key issues: employee coverage, actual cost per ride and  travel time on the bus whole-system operation, demand on vehicles,  battery-operated vehicles, immediate integrat- frequency of service ing with RTA, taxi voucher system, tweaking hours of operation the same old system, complicated fee sche- Operational analysis key findings: dule, the need to continue service, attracting  low system productivity new ridership, impact on tax subsidy, partner-  some productive route segments ship with IBM Smart City transportation ele-  some poor transfer connections ment, prioritize study’s recommendations.  excessive travel times Van Milligen recommended continuing with  hours of operation do not support the process by beginning with the smaller rec- commuters ommendations and referenced the future im- Demand analysis: pact of downtown housing and the pending  areas of greatest needs east/west corridor improvements timeline.  residence vs. destination LSC Consultants will provide a final report Transit service goals: to City Council in December 2009.  maintain existing ridership base while attracting new riders There being no further business, upon mo-  continue to enhance the environ- tion the City Council adjourned at 6:21 p.m. mental sustainability of the transit system /s/Jeanne F. Schneider, CMC  provide high-quality, customer- City Clerk oriented service  provide efficient, effective, and safe services  promote the transit service Service options revisited: Book 139 Regular Session, November 16, 2009 413 CITY OF DUBUQUE, IOWA of 10/16; City Conference Board of 1/28; His- toric Preservation Commission of 10/22; In- CITY COUNCIL vestment Oversight Advisory Commission of OFFICIAL 10/28; Zoning Advisory Commission of 11/4; PROCEEDINGS Zoning Board of Adjustment of 10/22 th Investment Oversight Commission’s 66 Quarterly Report The Dubuque City Council met in regular Proofs of publication of City Council Pro- session at 6:30 p.m. on November 16, 2009 in ceedings of October 19, 2009 and List of the Historic Federal Building. Claims and Summary of Revenues for month ended September 30, 2009 Present: Mayor Buol, Council Members Upon motion the documents were received Braig, Connors, Jones, Resnick, Voetberg, and filed. City Manager Van Milligen, City Attorney Lin- dahl Notice of Claims/Suits: Michael Fitzpatrick for property damage; Geraldine M. Goodman Absent: Council Member Lynch for personal injury; John Bechen for vehicle damage; Lola Volkert for personal injury; Mat- Mayor Buol read the call and stated this is thew G. Hurm for vehicle damage. Upon mo- a regular session of the City Council to act tion the documents were received and filed upon such business that may properly come and referred to the City Attorney. before the City Council. City Attorney advising that the following Pledge of Allegiance claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Com- Invocation was provided by Associate Pas- munities Assurance Pool: Michael Fitzpatrick tor Diane Mitchell of St. Luke Methodist for property damage; Geraldine M. Goodman Church. for personal injury. Upon motion the docu- ments were received and filed and concurred. PRESENTATIONS Lower Bee Branch Creek Restoration Dubuque Main Street Executive Director Project: City Manager recommending approval Dan LoBianco presented the agency’s Excel- of an Environmental Information Document as lence in Downtown Development awards to a prerequisite for the use of state revolving the City for Best Public/Private Improvement loan funds (SRF) for the construction of the for the Port of Dubuque Parking Ramp, Best Lower Bee Branch Creek Restoration Project. Business Improvement Success Story for IBM, Upon motion the documents were received, Best Design/Education Preservation Initiative filed, and approved. for the Downtown Design Guidelines, Best Community-Initiated Development for the His- Iowa 32 (Northwest Arterial) Capacity Im- toric Millwork District, and the Best Total Build- provements Project – Request for Proposals: ing Rehabilitation for the Step-by-Step Project. City Manager recommending approval of the issuance of a Request for Proposals (RFP) to Planning Services Manager Laura Cars- seek qualified firms interested in providing tens presented the Iowa Chapter of the Ameri- street and utility engineering design, geotech- ca Planning Association’s 2009 Planning Ex- nical investigation and testing for the im- cellence award for Innovation in Best Practices provements along IA 32, from US 20 to John for Sustainability for the Historic Millwork Dis- F. Kennedy Road. Upon motion the docu- trict Master Plan. ments were received, filed, and approved. CONSENT ITEMS Kephart Building – Roof Replacement Project: City Manager recommending accep- Motion by Connors to receive and file the tance of the Kephart Building – Roof Re- documents, adopt the resolutions, and dispose placement Project as completed by Giese of as indicated. Seconded by Voetberg. Res- Roofing Company in the final contract amount nick requested (#12) Historic Preservation of $81,107.00. Upon motion the documents Commission – Fifth and Bluff Street Parking were received and filed and Resolution No. Ramp be held for separate discussion. Motion 433-09 Accepting the Kephart Building Roof carried 6-0. Replacement Project and authorizing the pay- ment of the contract amount to the contractor Minutes and Reports Submitted: Arts and was adopted. Cultural Affairs Advisory Commission of 9/22; City Council of 11/2; Civil Service Commission 414 Regular Session, November 16, 2009 Book 139 RESOLUTION NO. 433-09 and stating that the City of Dubuque will not ACCEPTING THE KEPHART BUILDING provide additional GIS data requested by FE- ROOF REPLACEMENT PROJECT AND AU- MA for the North End. Upon motion the docu- THORIZING THE PAYMENT OF THE CON- ment were received, filed, and approved. TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract REAP Grant Agreement – Iowa 32 for the Kephart Building Roof Replacement Bike/Hike Trail – Phase 3: City Manager re- Project (the Project) has been completed and commending approval of a $200,000 Fiscal the City Engineer has examined the work and Year 2010 REAP grant agreement for installa- filed a certificate stating that the Project has tion of Phase 3 of the Iowa 32 Bike/Hike Trail. been completed according to the terms of the Upon motion the documents were received Public Improvement Contract and that the City and filed and Resolution No. 434-09 Authoriz- Engineer recommends that the Project be ac-ing REAP Grant Agreement with Iowa De- cepted; and partment of Natural Resources for the Iowa 32 NOW THEREFORE, BE IT RESOLVED Bike/Hike Trail – Phase 3 was adopted. BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 434-09 DUBUQUE, IOWA: AUTHORIZING REAP GRANT AGREEMENT Section 1. The recommendation of the City WITH IOWA DEPARTMENT OF NATURAL Engineer is approved and the Project is hereby RESOURCES FOR IOWA 32 BIKE/HIKE accepted. TRAIL - PHASE 3 Section 2. The Finance Director is hereby directed to pay to the Contractor from the Ke-Whereas, the Iowa Department of Natural phart Building Improvements appropriation for Resources has allocated grant funds in the the contract amount of $81,107.00 less any REAP (Resource Enhancement and Protec- retained percentage provided for therein as tion) Program for the development of bike/hike provided in Iowa Code chapter 573, and to pay trails; and such retainage only in accordance with the Whereas, the City of Dubuque has adopted provisions of Iowa Code chapter 573. the 2008 Comprehensive Plan that includes th Passed, approved and adopted this 16 goals for development of bike/hike trails; and day of November, 2009. Whereas, the City of Dubuque has adopted Roy D. Buol, Mayor the 2008 Tri-State Trail Plan that includes the Attest: Jeanne F. Schneider, CMC, City Clerk Iowa 32 Bike/Hike Trail (Phase 3) as a High Priority project. CITY ENGINEER’S CERTIFICATE OF FINAL NOW THEREFORE, BE IT RESOLVED COMPLETION OF THE KEPHART BUILD- BY THE CITY COUNCIL OF THE CITY OF ING ROOF REPLACEMENT PROJECT DUBUQUE, IOWA: The undersigned City Engineer of the City Section 1. The Mayor hereby is authorized of Dubuque, Iowa, hereby certifies that he has to sign the agreement with the Iowa Depart- inspected the Kephart Building Roof Replace-ment of Natural Resources for REAP funds for ment Project, that the Project has been per-the Iowa 32 Bike/Hike Trail - Phase 3. formed in compliance with the terms of the Section 2. That the City Council hereby Public Improvement Contract, and that the provides its written assurance that the com- total cost of the completed work is $81,107.00. pleted project will be adequately maintained th Dated this 12 day of November, 2009. for its intended use in accordance with state Gus Psihoyos, City Engineer requirements. thth Filed in the office of the City Clerk on the 12 Passed, approved and adopted this 16 day of November, 2009. day of November, 2009. Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mines of Spain Exhibit and Educational th Program Consultant: City Manager recom-Purchase of Property – 347 East 19 mending approval of the selection of Expe-Street: City Manager recommending approval rience Design and direct City staff to negotiate of the purchase of a single family home lo- th a contract with the firm for the Mines of Spain cated at 347 East 19 Street which has been Interpretive Exhibit and Education Program. in serious disrepair for a number of years. Upon motion the documents were received, Upon motion the documents were received filed, and approved. and filed and Resolution No. 435-09 Approving the acquisition of real estate located at 347 th Digital Flood Insurance Rate Map East 19 Street in the City of Dubuque, Iowa, (DFIRM): City Manager recommending ap-was adopted. proval of a letter to the Federal Emergency Management Agency requesting changes to the Digital Flood Insurance Rate Map (DFIRM) Book 139 Regular Session, November 16, 2009 415 RESOLUTION NO. 435-09 rehabilitation and re-sale for owner-occupied APPROVING THE ACQUISITION OF REAL housing; and TH ESTATE LOCATED AT 347 EAST 19 WHEREAS, such purpose supports the STREET, IN THE CITY OF DUBUQUE Washington Neighborhood revitalization strat- WHEREAS, the City of Dubuque intends to egy as approved by the City Council; and acquire and remove certain properties located WHEREAS, a qualifying home buyer has in the Washington Neighborhood Revitalization signed an offer to purchase and obtained fi- Area; and nancing. WHEREAS, a purchase agreement has NOW, THEREFORE, BE IT RESOLVED been finalized with the owner. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA: BY THE CITY COUNCIL OF THE CITY OF Section 1. That the City of Dubuque hereby DUBUQUE, IOWA: approves the sale of the following legally- Section 1. That the City of Dubuque hereby described property: approves the acquisition of the following legal-“Wm Reisen Place,” and Lot Two (2) of the ly-described property: South One-half (S ½) of Lot 147 East Dubuque Westerly Eight (8) feet of Lot Twenty (20), Addition, in the City of Dubuque, County of the Easterly Seventeen (17) feet of the Sou-Dubuque, Iowa, according to the recorded Plat therly Sixty-nine (69) feet of Lot Twenty-one thereof at the cost of Eighty-five thousand dol- (21), and the Easterly Two (2) feet of the Nor-lars ($85 000). therly Forty (40) feet of the Westerly Twenty-Section 2. That the City of Dubuque be and eight (28) feet of the Southerly Sixty-nine (69) is hereby authorized to provide a Warranty feet of Lot Twenty-one (21), all in East Dubu-Deed to the buyer, conveying the City’s inter- que, an Addition in the City of Dubuque, Coun-est to Michelle Clemens for the herein- ty of Dubuque, Iowa, according to the recorded described real estate. plat thereof. Section 3. That the City Clerk be and she At the cost of Thirty-eight thousand, nine is hereby authorized and directed to cause hundred-seven dollars ($38 907.) said Warranty Deed to be recorded in the Of- Section 2. That the City of Dubuque be and fice of the Dubuque County Recorder, together is hereby authorized to accept a Quit Claim with certified copy of the Resolution. deed from the owner, conveying the owner’s Section 4. That the City Clerk be and she interest to the City of Dubuque for the herein-is hereby directed to forward a copy of this described real estate. Resolution to the Dubuque County Assessor Section 3. That the City Clerk be and she and the Dubuque County Auditor. is hereby authorized and directed to cause Passed, approved and adoptedthis 16th said Quit Claim Deed to be recorded in the day of November, 2009. office of the Dubuque County Recorder, to-Roy D Buol, Mayor gether with certified copy of the Resolution. Attest: Jeanne Schneider, CMC, City Clerk Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Utility Easement for Industrial Tech Build- Resolution to the Dubuque County Assessor ing: City Manager recommending approval of and the Dubuque County Auditor. an easement that would allow Alliant to extend th Passed, approved and adoptedthis 16 electrical lines and install a transformer to pro- day of November, 2009. vide electrical service to the Spec Building in Roy D Buol, Mayor the Dubuque Industrial Center West owned by Attest: Jeanne Schneider, CMC, City Clerk Spiegel Family Realty. Upon motion the doc- uments were received and filed and Resolution th Sale of Property – 351 East 15 Street: No. 437-09 Disposing of an interest in real City Manager recommending approval of the property by easement to Interstate Power and sale of a single family residence located at 351 Light Company was adopted. th East 15 Street. Upon motion the documents RESOLUTION NO. 437-09 were received and filed and Resolution No. DISPOSING OF AN INTEREST IN REAL 436-09 Approving the sale of real estate lo- th PROPERTY BY EASEMENT TO cated at 351 East 15 Street, in the City of INTERSTATE POWER AND LIGHT Dubuque, Iowa, was adopted. COMPANY RESOLUTION NO. 436-09 WHEREAS, the City of Dubuque, Iowa APPROVING THE SALE OF REAL ESTATE (City) has an interest in the real property lo- TH LOCATED AT 351 EAST 15 STREET, IN cated in the Dubuque Industrial Center West th THE CITY OF DUBUQUE, IOWA 5 Addition shown on “Easement Exhibit A” WHEREAS, the City acquired the property attached hereto (the Property); and th at 351 East 15 Street for the purpose of its WHEREAS, City and Interstate Power and Light Company (Interstate) has requested the 416 Regular Session, November 16, 2009 Book 139 City will grant the Utility Easement (the Ease-Project (the Project) has been completed and ment) attached hereto on the Property to Inter-the City Engineer has examined the work and state; and filed a certificate stating that the Project has WHEREAS, on September 15, 2008, the been completed according to the terms of the City Council pursuant to notice published as Public Improvement Contract and that the City required by law held a public hearing on its Engineer recommends that the Project be ac- intent to dispose of the foregoing interest in the cepted; and Property and overruled all objections thereto; NOW THEREFORE, BE IT RESOLVED and BY THE CITY COUNCIL OF THE CITY OF WHEREAS, the City Council has since DUBUQUE, IOWA: sold said property on contract to Spiegel Fami-Section 1. The recommendation of the City ly Realty. Engineer is approved and the Project is hereby NOW, THEREFORE, BE IT RESOLVED accepted. BY THE CITY COUNCIL OF THE CITY OF Section 2. The Finance Director is hereby DUBUQUE, IOWA: directed to pay to the Contractor from the Section 1. The City Council of the City of General Fund appropriation for the contract Dubuque approves the disposition of the City’s amount of $224,617.91 less any retained per- interest in the foregoing-described Property by centage provided for therein as provided in Easement to Interstate Power and Light Com-Iowa Code chapter 573, and to pay such retai- pany. nage only in accordance with the provisions of Section 2. The Mayor is hereby authorized Iowa Code chapter 573. and directed to sign this Resolution and the Passed, approved and adopted this 16th Easement. day of November, 2009. st Passed, approved and adopted this 16 Roy D. Buol, Mayor day of November, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Supplement #1 – Code of Ordinances: City Manager recommending approval of Supple- Historic Preservation Commission – Fifth ment #1 to the City of Dubuque Code of Or- and Bluff Street Parking Ramp: Historic Pre-dinances. Upon motion the documents were servation Commission transmitting the HPC’s received and filed and Resolution No. 439-09 comments and recommendations on the pro-Adopting Supplement #1 to the Code of Ordin- posed parking ramp located at the corner of ances of the City of Dubuque was adopted. Fifth and Bluff Streets, located in the Cathedral RESOLUTION NO. 439-09 Historic Preservation District. ADOPTING SUPPLEMENT NO. 1 TO THE City Manager recommending that the City CODE OF ORDINANCES OF THE CITY OF Council take no action at this time regarding DUBUQUE, IOWA the Fifth and Bluff Street Parking Ramp as staff continues to evaluate options based on Whereas, under date of August 17, 2009, available funding. Motion by Resnick to re-the City Council, pursuant to Ordinance No. ceive and file the documents. Seconded by 43-09, readopted the Code of Ordinances of Jones. Motion carried 6-0. the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Floodwall Levee Slope Stabilization Council of the City of Dubuque, Iowa has Project: City Manager recommending accep-adopted certain ordinances amending the tance of the Floodwall Levee Slope Stabiliza-Code of Ordinances and said amendments tion Project as completed by Eastern Iowa have been printed as supplements to the Code Excavating and Concrete, LLC, in the final of Ordinances; and contract amount of $224,617.91. Upon motion Whereas, Section 380.8 of the Code of the documents were received and filed and Iowa provides that supplements, by resolution, Resolution No. 438-09 Accepting the Floodwall become part of the Code of Ordinances. Levee Slope Stabilization Project and authoriz-NOW THEREFORE BE IT RESOLVED BY ing the payment of the contract amount to the THE CITY COUNCIL OF THE CITY OF DU- contractor was adopted. BUQUE, IOWA: Section 1. That Supplement No. 1 of the RESOLUTION NO. 438-09 Code of Ordinances of the City of Dubuque, ACCEPTING THE FLOODWALL LEVEE Iowa, covering Ordinances 26-09, 30-09 SLOPE STABILIZATION PROJECT AND through 35-09, 37-09 through 40-09, 43-09 AUTHORIZING THE PAYMENT OF THE through 46-09 and 48-09 passed by Council CONTRACT AMOUNT TO THE CONTRAC- and enacted through September 21, 2009, TOR prepared by the Sterling Codifiers, Inc., and Whereas, the Public Improvement Contract filed in the Office of the City Clerk of the City of for the Floodwall Levee Slope Stabilization Dubuque, Iowa is hereby adopted and be- Book 139 Regular Session, November 16, 2009 417 comes part of the Code of Ordinances of the Civil Service Commission: Civil Service City of Dubuque, Iowa. Commission submitting the Certified List for th Passed, approved and adopted this 16 the position of Medical Officer. Upon motion day of November, 2009. the document was received and filed and Roy D. Buol, Mayor made a Matter of Record. Attest: Jeanne F. Schneider, CMC, City Clerk November 6, 2009 Honorable Mayor and I-JOBS Water Quality Fund Application – Members of the City Council Lower Bee Branch Restoration Project: City Manager recommending approval of the sub-In accordance with Chapter 400 of the mittal of a $7,000,000 grant application to the Code of Iowa, an examination for the position Iowa Finance Authority for I-JOBS Water Qual-of Medical Officer was conducted on October ity Fund money for the restoration of the Lower 21, 2009. We hereby certify that the following Bee Branch. Upon motion the documents were individuals have passed this written examina- received, filed, and approved. tion and the vacancy for this position should be made from this list and that this list is good for I-JOBS Water Quality Fund Application – two (2) years from above date. Water Pollution Control Plant Replacement MEDICAL OFFICER Project: City Manager recommending approval of the submittal of a $5,000,000 grant applica-Brad Kruse tion to the Iowa Finance Authority for I-JOBS Julie Brimeyer Water Quality Fund money for the replacement of the Water Pollution Control Plant. Upon Respectfully submitted, motion the documents were received, filed, Daniel White, Chairperson and approved. Jim Schilling, Betty Takes, Coalition for Various Telecommunication Civil Service Commission Filings: City Manager recommending approval of committing up to $10,000 to join a coalition Human Rights Commission: Communica- of communities to pool resources for various tion from Gretel Winterwood, 1555 Montrose telecommunications filings anticipated in the Terrace, advising that she will not be re- coming months. Upon motion the documents applying for a position on the Human Rights were received, filed, and approved. Commission. Upon motion the document was received and filed. Center for Energy and Environmental Edu- cation (CEEE): Communication to Kamyar Abstract of Votes: Dubuque County Board Enshayan, Director – Center for Energy and of Supervisors submitting the Abstract of Votes rd Environmental Education, expressing the for the General Election held the 3 day of City’s commitment to partner with the Universi-November, 2009. Upon motion the documents ty of Northern Iowa’s CEEE and, if possible, to were received and filed. host a 2010 Green Iowa AmeriCorps program in Dubuque starting in the fall of 2010. Upon Liquor License Applications: City Manager motion the document was received and filed. recommending approval of annual liquor li- cense renewals as submitted. Upon motion the Mediacom: Communication from Lee documents were received and filed and Reso- Grassley, Mediacom, advising of channel lution No. 440-09 Granting the issuance of a changes which supersede the changes out-Class “B” Beer Permit to Jane’s Indoor Party lined in his letter dated October 23, 2009. and Play Center and a Class “C” Beer Permit Upon motion the document was received and to Plaza 20 Amoco; and Resolution No. 441- filed. 09 Granting the issuance of a Class “B” (Ho- tel/Motel) Liquor License to Grand Harbor Iowa Department of Public Health (IDPH) Resort/Water Park and Hotel Julien Dubuque; Childhood Lead Poisoning Prevention Pro-a Class “C” Beer/Liquor License to Q and gram (CLPPP): City Manager recommending Bridge Restaurant; and a Special Class “C” approval of a contract with the Dubuque Coun-Liquor License to Cookin Something Up were ty Board of Health and the Iowa Department of adopted. Public Health (IDPH) for continued funding of RESOLUTION NO. 440-09 the Childhood Lead Poisoning Prevention Pro- gram (CLPPP) and a renewed agreement with Whereas, applications for Beer Permits the VNA for services related to the CLPPP. have been submitted and filed to this Council Upon motion the documents were received, for approval and the same have been ex- filed, and approved. amined and approved: and 418 Regular Session, November 16, 2009 Book 139 Whereas, the premises to be occupied by Clerk to publish notice as prescribed by law. such applicants were inspected and found to Seconded by Voetberg. Motion carried 6-0. comply with the Ordinances of the City and have filed proper bonds. General Obligation Urban Renewal Bonds: NOW, THEREFORE, BE IT RESOLVED City Manager recommending that a public BY THE CITY COUNCIL OF THE CITY OF hearing be set for December 7, 2009 to con- DUBUQUE, IOWA: sider approval of the issuance of not to exceed That the Manager be authorized to cause $6,000,000 General Obligation Urban Renewal to be issued the following named applicants a Bonds for costs associated with the construc- Beer Permit. tion of street, stormwater, sanitary sewer, wa- CLASS “B” BEER PERMIT ter, fiber optic, parking and other public im- R2K Entertainments, LLC, Jumpin’ Jane’s provements in the Historic Millwork District and Indoor Party & Play Center +(Sunday), 2055 the funding of grants, loans and other financial Holliday Drive assistance to private developers to assist in CLASS “C” BEER PERMIT rehabilitation of existing buildings and con- R Future, Inc., Plaza 20 BP/Amoco struction of housing development projects in +(Sunday Sale), 2600 Dodge Street the Millwork District. Upon motion the docu- Passed, approved and adopted this 16th ments were received and filed and Resolution day of November, 2009. No. 442-09 Fixing date for a meeting on the Roy D. Buol, Mayor proposition of the issuance of not to exceed Attest: Jeanne F. Schneider, CMC, City Clerk $6,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal purposes) of the RESOLUTION NO. 441-09 City of Dubuque, Iowa, and providing for publi- Whereas, applications for Liquor Licenses cation of notice thereof was adopted setting a have been submitted to this Council for ap-public hearing for a meeting to commence at proval and the same have been examined and 6:30 p.m. on December 7, 2009 in the Historic approved; and Federal Building. Whereas, the premises to be occupied by RESOLUTION 442-09 such applicants were inspected and found to FIXING DATE FOR A MEETING ON THE comply with the State Laws and all City Ordin- PROPOSITION OF THE ISSUANCE OF NOT ances relevant thereto and they have filed TO EXCEED $6,000,000 GENERAL OBLI- proper bonds. GATION URBAN RENEWAL BONDS (FOR NOW, THEREFORE, BE IT RESOLVED URBAN RENEWAL PURPOSES) OF THE BY THE CITY COUNCIL OF THE CITY OF CITY OF DUBUQUE, IOWA, AND PROVID- DUBUQUE, IOWA: ING FOR PUBLICATION OF NOTICE THE- That the Manager be authorized to cause REOF to be issued the following named applicants a Liquor License. WHEREAS, it is deemed necessary and CLASS “B” (HOTEL/MOTEL) advisable that the City of Dubuque, Iowa, LIQUOR LICENSE should issue General Obligation Urban Re- Platinum Holdings, LLC, Grand Harbor newal Bonds, to the amount of not to exceed Resort/Water Park +(Sunday/Outdoor Sale), $6,000,000, as authorized by Sections 403.12 350 Bell Street and 384.24(3)(q), of the City Code of Iowa, for HJD Subtenant, LLC, Hotel Julien Dubu-the purpose of providing funds to pay costs of que +(Sunday/Outdoor Sale), 200 Main Street carrying out the urban renewal projects as CLASS “C” BEER/LIQUOR LICENSE hereinafter described; and 920 Main DBQ, Inc., Q, 920 Main Street WHEREAS, before the Bonds may be is- Raysan Corp., Bridge Restaurant sued, it is necessary to comply with the provi- +(Sunday Sale), 31 Locust Street sions of the Code, and to publish a notice of SPECIAL CLASS “C” LIQUOR LICENSE the proposal to issue such Bonds and of the Cookin Something Up, Cookin Something time and place of the meeting at which the Up +(Sunday Sale), 1640 JFK Road Council proposes to take action for the is- Passed, approved and adopted this 16th suance of the Bonds and to receive oral and/or day of November, 2009 written objections from any resident or proper- Roy D. Buol, Mayor ty owner of the City to such action, and the Attest: Jeanne F. Schneider, CMC, City Clerk right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ITEMS TO BE SET FOR PUBLIC HEARING DUBUQUE, IOWA: Section 1. That this Council meet in the Motion by Jones to receive and file the Historic Federal Building, 350 West 6th Street, documents, adopt the resolutions, set the pub-Dubuque, Iowa, at 6:30 o'clock p.m., on the th lic hearings as indicated, and direct the City 16 day of November, 2009, for the purpose of Book 139 Regular Session, November 16, 2009 419 AND ESTIMATED COST; SETTING DATE taking action on the matter of the issuance of OF PUBLIC HEARING ON PLANS, SPECI- not to exceed $6,000,000 General Obligation FICATIONS, FORM OF CONTRACT, AND Urban Renewal Bonds, for urban renewal pur- ESTIMATED COST; AND ORDERING THE poses of the City, the proceeds of which ADVERTISEMENT FOR BIDS Bonds will be used to provide funds to pay costs of aiding in the planning, undertaking NOW THEREFORE, BE IT RESOLVED and carrying out of urban renewal project ac-BY THE CITY COUNCIL OF THE CITY OF tivities under the authority of Chapter 403 of DUBUQUE, IOWA: the Code of Iowa and the Amended and Res-The proposed plans, specifications, form of tated Urban Renewal Plan for the Greater contract and estimated cost for the North Fork Downtown Urban Renewal Area, including Catfish Creek Stormwater and Sanitary Sewer those costs associated with the construction of Project – Phase III, in the estimated amount street, stormwater, sanitary sewer, water, fiber $2,082,428.43, are hereby preliminarily ap- optic, parking and other public improvements proved and ordered filed in the office of the in the Historic Millwork District, and the funding City Clerk for public inspection. th of grants, loans and other financial assistance A public hearing will be held on the 7 day to private developers to assist in rehabilitation of December, 2009, at 6:30 p.m. in the Historic of existing buildings and construction of hous-Federal Building Council Chambers at which ing development projects in the Millwork Dis-time interested persons may appear and be trict. heard for or against the proposed plans and Section 2. That the Clerk is hereby directed specifications, form of contract and estimated to cause at least one publication to be made of cost of said Project, and the City Clerk be and a notice of the meeting, in a legal newspaper, is hereby directed to cause the attached notice printed wholly in the English language, pub-of the time and place of such hearing to be lished at least once weekly, and having gener-published in a newspaper having general cir- al circulation in the City, the publication to be culation in the City of Dubuque, Iowa, which not less than ten clear days before the date of notice shall be published not less than four the public meeting on the issuance of the days nor more than twenty days prior to the Bonds. date of such hearing. At the hearing, any inter- Section 3. The notice of the proposed ac-ested person may appear and file objections to tion to issue the Bonds shall be in substantially the proposed plans, specifications, form of the [provided] form. contract, or estimated cost of the Project. th Passed and approved this 16 day of No-The North Fork Catfish Creek Stormwater vember, 2009. and Sanitary Sewer Project – Phase III is he- Roy D. Buol, Mayor reby ordered to be advertised for bids for con- Attest: Jeanne F. Schneider, CMC, City Clerk struction. The amount of the security to accompany North Fork Catfish Creek Stormwater and each bid shall be in an amount which shall Sanitary Sewer Reconstruction Project – conform to the provisions of the Notice to Bid- Phase III: City Manager recommending initia-ders hereby approved. tion of the bidding process for the North Fork The City Clerk is hereby directed to adver- Catfish Creek Stormwater and Sanitary Sewer tise for bids for the construction of the im- Reconstruction Project – Phase III and that a provements herein provided, by publishing the public hearing be set for December 7, 2009. attached Notice to Bidders to be published in a Upon motion the documents were received newspaper having general circulation in the and filed and Resolution No. 443-09 Prelimi-City of Dubuque, Iowa, which notice shall be nary approval of plans, specifications, form of published not less than four but not more than contract, and estimated cost; setting date of forty-five days before the date for filing bids th public hearing on plans, specifications, form of before 2:00 p.m. on the 8 day of December, contract, and estimated cost; and ordering the 2009. Bids shall be opened and read by the advertisement for bids for the North Fork Cat-City Clerk at said time and will be submitted to fish Creek Stormwater and Sanitary Sewer the City Council for final action at 6:30 p.m. on st Reconstruction Project – Phase III was the 21 day of December, 2009, in the Historic adopted setting a public hearing for a meeting Federal Building Council Chambers (second th to commence at 6:30 p.m. on December 7, floor), 350 West 6 Street, Dubuque, Iowa. th 2009 in the Historic Federal Building. Passed, adopted and approved this 16 day of November, 2009. RESOLUTION NO. 443-09 Roy D. Buol, Mayor NORTH FORK CATFISH CREEK Attest: Jeanne F. Schneider, CMC, City Clerk STORMWATER AND SANITARY SEWER PROJECT – PHASE III PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, 420 Regular Session, November 16, 2009 Book 139 BOARDS/COMMISSIONS OFFICIAL PUBLICATION ORDINANCE NO. 56-09 AN ORDINANCE AMENDING APPENDIX A Applicants were invited to address the City (THE ZONING ORDINANCE) OF THE CITY Council regarding their desire to serve on the OF DUBUQUE CODE OF ORDINANCES BY following Boards/Commissions: RECLASSIFYING HEREINAFTER DE- Mississippi River Partnership Council: One SCRIBED PROPERTY LOCATED AT COM- 3-year term through December 31, 2012. Ap- MERCE PARK FROM CS COMMERCIAL plicants: Anthony Allen, 575 Almond Street; SERVICE AND WHOLESALE DISTRICT TO Edward Cawley, 598 Needham Street; Ken- nd R-4 MULTI-FAMILY RESIDENTIAL DIS- neth Oglesby, 990 W. 32 Street; Walt Web- TRICT ster, 3509 Asbury Road. Mr. Cawley, Mr. Og- lesby, and Mr. Webster spoke in support of NOW, THEREFORE, BE IT ORDAINED their appointment. BY THE CITY COUNCIL OF THE CITY OF Plumbing Board: One 3-year term through DUBUQUE, IOWA: November 2, 2012 (At-large term of Harris) Section 1. That Appendix A (The Zoning Applicant: Daniel Harris, 998 Indian Ridge Ordinance) of the City of Dubuque Code of Transit Board of Trustees: One 3-year term Ordinances is hereby amended by reclassify- through July 30, 2011 (Term of Curtis). Applicant: ing the hereinafter-described property from CS Thomas Croissant Jr., 444 Angella Street #8 Commercial Service and Wholesale District to R-4 Multi-Family Residential District, to wit: Lot PUBLIC HEARINGS 8 and Lot 9, Block 3 Westbrook Subdivision, and to the centerline of the adjoining public Upon motion the rules were suspended al-right-of-way, all in the City of Dubuque, Iowa. lowing anyone present to address the City Section 2. The foregoing amendment has Council. heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Request to Rezone – Commerce Park: Iowa. Proof of publication on notice of public hearing Section 3. This ordinance shall take effect to consider a request from Joel Callahan to immediately upon publication, as provided by rezone property located at Commerce Park law. th from CS Commercial Service and Wholesale Passed, approved and adopted this 16 District to R-4 Multi-Family Residential District day of November, 2009. and Zoning Advisory Commission recommend-/s/Roy D. Buol, Mayor: ing denial. Motion by Connors to receive and Attest: file the documents and that the requirement /s/Jeanne F. Schneider, CMC, City Clerk that a proposed ordinance be considered and Published officially in the Telegraph Herald th voted on for passage at two Council meetings Newspaper the 18 day of November, 2009. prior to the meeting at which it is to be passed /s/Jeanne F. Schneider, CMC, City Clerk be suspended. Seconded by Voetberg. Motion carried 6-0. Upon motion the rules were reinstated li- Motion by Connors for final consideration miting discussion to the City Council. and passage of Ordinance No. 56-09 Amend- ACTION ITEMS ing the Unified Development Code by reclassi- fying hereinafter described property located at Commerce Park from CS Commercial Service Every Child / Every Promise: Chad Chand- and Wholesale District to R-4 Multi-Family lee, Every Child / Every Promise Board Chair, Residential District. Seconded by Voetberg. introduced Executive Director Nancy Keedy. Joel Callahan, Callahan Construction, 7629 Motion by Jones to receive and file. Seconded Commerce Park, explained the project and by Braig. Ms. Keedy gave a brief oral synopsis spoke in support of the request. Planning Ser-of the future goals of Every Child / Every vices Manager Laura Carstens provide a staff Promise. Motion carried 6-0. report. Speaking on behalf of the Zoning Advi- sory Commission, Chairperson Jeff Stiles Assistance Pool to Encourage Residential stated that the plan Mr. Callahan presented to Housing in Downtown: City Manager recom- Council is different than the plan the Commis-mending that a pool of funds in the amount of sion recently considered. ECIA Regional Tran-$2.5 million be created to encourage new resi- sit Authority Manager Mark Munson and dential housing units in downtown Dubuque Greater Dubuque Development Corporation and that a Request for Proposals be solicited Executive Director Rick Dickinson spoke in from developers who are interested in renovat- support of the request. Motion carried 6-0. ing existing structures in the downtown. Motion by Voetberg to receive and file the documents and adopt Resolution No. 444-09 Approving the creation of an assistance pool to encour- Book 139 Regular Session, November 16, 2009 421 age market-rate downtown rental and owner-que – Riverfront Marina Project. Motion by occupied residential units in the Greater Down-Connors to receive and filed the documents town Urban Renewal District and authorizing and approve the recommendation. Seconded the City Manager to solicit proposals for by Voetberg. Braig read a prepared statement projects to create such units. Seconded by in opposition to the recommendation. Resnick Connors. Greater Dubuque Development Cor-made comments in opposition to the recom- poration Executive Director Rick Dickinson mendation. Assistant City Engineer Bob spoke in support of the recommendation. Mo-Schiesl responded to questions from Council tion carried 6-0. regarding the project’s feasibility and cost. Van Milligen reiterated that the consultants identi- RESOLUTION NO. 444-09 fied a demand for transient boats. Motion car- APPROVING THE CREATION OF AN AS- ried 4-2 with Resnick and Braig voting nay. SISTANCE POOL TO ENCOURAGE MAR- KET-RATE DOWNTOWN RENTAL AND Washington Neighborhood Guidelines and OWNER-OCCUPIED RESIDENTIAL UNITS Funding Sources: City Manager recommend- IN THE GREATER DOWNTOWN URBAN ing approval of proposed revisions to the fi- RENEWAL DISTRICT AND AUTHORIZING nancial incentives program promoting Wash- THE CITY MANAGER TO SOLICIT PRO- ington Neighborhood homeownership. Motion POSALS FOR PROJECTS TO CREATE by Voetberg to receive and file the documents SUCH UNITS and approve the recommendation. Seconded Whereas, the City of Dubuque has been by Connors. Motion carried 6-0. successful in encouraging job creation and retention in the community for several years; Acquisition of Property at Corner of South and Grandview Avenue and Rockdale Road: City Whereas, many of the City of Dubuque’s Manager recommending acceptance of a do- new residents have a strong desire to live near nation from Mark Falb to acquire property at work and entertainment; and the corner of South Grandview and Rockdale Whereas, a significant shortage of quality Road for development of a passive park. Mo- market-rate rental and owner-occupied resi-tion by Jones to receive and file the docu- dential units exists and efforts are needed to ments and approve the recommendation. encourage new development of such units; Seconded by Voetberg. Motion carried 6-0. and Whereas, several downtown residential Mailboxes in City Right-of-Way: City Man- development projects need financial assis-ager recommending approval of actions to be tance to secure funding for such project. taken to address the existing unauthorized NOW THEREFORE, BE IT RESOLVED structures in the City right-of-way, including an BY THE CITY COUNCIL OF THE CITY OF amendment to the Code of Ordinances prohi- DUBUQUE, IOWA: biting any future mailbox structures or other Section 1. The City Council approves the encroachments of a non-breakaway design. creation of a pool of funds to encourage new Motion by Jones to receive and file the docu- market-rate downtown rental and owner-ments and that the requirement that a pro- occupied residential housing units in the posed ordinance be considered and voted on Greater Downtown Urban Renewal District. for passage at two Council meetings prior to Section 2. The City Council approves the the meeting at which it is to be passed be sus- Request for Proposal for projects that are in pended. Seconded by Voetberg. Motion car- need of assistance to encourage new market-ried 6-0. rate downtown rental and owner-occupied Motion by Jones for final consideration and residential housing units in the Greater Down-passage of Ordinance No. 57-09 Amending town Urban Renewal District. City of Dubuque Code of Ordinances Title 10 Section 3. That the City Manager is hereby Public Ways and Property, Chapter 3 En- authorized and directed to distribute the Re-croachments on Public Places, by adopting a quest for Proposal to interested parties. new Article F, Mailboxes, Establishing Stan- th Passed, approved and adopted this 16 dards for Mailboxes in Public Rights-of-Way. day of November, 2009. Seconded by Braig. Motion carried 6-0. Roy D. Buol, Mayor OFFICIAL PUBLICATION Attest: Jeanne F. Schneider, City Clerk ORDINANCE NO. 57-09 AMENDING CITY OF DUBUQUE CODE OF Port of Dubuque – Riverfront Marina ORDINANCES TITLE 10 PUBLIC WAYS Project: City Manager recommending approval AND PROPERTY, CHAPTER 3 EN- to locate an additional 43 transient boat slips CROACHMENTS ON PUBLIC PLACES, BY (25 existing + 43 additional for a net total of 68 ADOPTING A NEW ARTICLE F, MAILBOX- transient slips) with amenities as outlined in the City’s grant proposal for the Port of Dubu- 422 Regular Session, November 16, 2009 Book 139 ES, ESTABLISHING STANDARDS FOR Seconded by Voetberg. Motion carried 5-0. MAILBOXES IN PUBLIC RIGHTS-OF-WAY (Jones out of room). NOW, THEREFORE, BE IT ORDAINED RESOLUTION NO. 445-09 BY THE CITY COUNCIL OF THE CITY OF REJECTING ALL COMPETITIVE BID PRO- DUBUQUE, IOWA: POSALS RECEIVED FOR THE HISTORIC Section 1. City of Dubuque Code of Ordin- SHOT TOWER REHABILITATION PROJECT ances Title 10, Chapter 3, is amended by add- - PHASE I AND DIRECTING THE CITY ing the following new article: CLERK TO RE-ADVERTISE FOR BIDS FOR ARTICLE F. MAILBOXES THE PROJECT 10-3F-1: General: Subject to the requirements of this Article, Whereas, competitive sealed bid proposals curbside delivery by United States Postal Ser-have been submitted by contractors for the vice may be provided to boxes at the curb so Historic Shot Tower Rehabilitation Project – they may be safely and conveniently served by Phase I (the Project) pursuant to Resolution the carrier from the carrier’s vehicle. No. 419-09 and Notice to Bidders published in 10-3F-2: Permit: a newspaper published in the City of Dubuque, rd No person, firm or corporation shall place a Iowa on the 23 day of October, 2009; and mailbox in the public right-of-way without a Whereas, said competitive sealed bid pro- permit therefore from the City Manager. posals for the Project were opened and read th 10-3F-3: Placement and Design: on the 10 day of November, 2009; and No person, firm or corporation shall place a Whereas, the City Council has deemed it mailbox in the public right-of-way unless such advisable to reject all bid proposals for the mailbox complies with the classifications, Project. placements, models, manufacturers, and NOW THEREFORE, BE IT RESOLVED breakaway construction specifications in the BY THE CITY COUNCIL OF THE CITY OF United States Postal Services Standards and DUBUQUE, IOWA: Postal Operations Manual or American Asso-Section 1. All of the bid proposals for the ciation of State Highway and Transportation Project are hereby rejected. Officials, on file in the Office of the City Engi-Section 2. The City Clerk is authorized and neer. instructed to return the bid deposits of the un- 10-3F-4: Nuisance: successful bidders for the Project. A mailbox placed in the public right-of-way Section 3. The City Clerk is hereby di- which does not meet the requirements of this rected to re-advertise for bids for the Project Article is hereby declared a public nuisance. by publishing the attached Notice to Bidders to Upon written notice from the City Manager, the be published in a newspaper having general property owner shall remove a mailbox placed circulation in the City of Dubuque, Iowa, which in the public right-of-way which does not meet notice shall be published not less than four but the requirements of this Article, and if a prop-not more than forty-five days before the date th erty owner fails to remove such mailbox, the for filing bids before 2:00 p.m. on the 10 day City Manager shall cause the mailbox to be of December, 2009. Bids shall be opened and removed at the property owner’s expense. read by the City Clerk at said time and will be Section 2. This ordinance shall take effect submitted to the City Council for final action at st upon publication. 6:30 p.m. on the 21 day of December, 2009, th Passed, approved, and adopted this 16 in the Historic Federal Building Council Cham- th day of November, 2009. bers (second floor), 350 West 6 Street, Du- /s/Roy D. Buol, Mayor buque, Iowa. th Attest: Passed, approved and adopted this 16 /s/Jeanne F. Schneider, CMC, City Clerk day of November, 2009. Published officially in the Telegraph Herald Roy D. Buol, Mayor th Newspaper the 18 day of November, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC, City Clerk Dubuque Racing Association: Communica- Shot Tower Rehabilitation – Phase I: City tion from the Dubuque Racing Association Manager recommending rejection of all com-Board of Directors requesting appointment of petitive bid proposals for the Shot Tower Re-representatives to the DRA Board of Directors habilitation – Phase I Project and re-bid the for 2009 (currently Mayor Roy D. Buol, Council project. Motion by Connors to receive and file Members Kevin Lynch and Ric Jones, and City the documents and adopt Resolution No. 445-Manager Michael C. Van Milligen). Motion by 09 Rejecting all competitive bid proposals re-Connors to receive and file the documents and ceived for the Historic Shot Tower Rehabilita-re-appoint Mayor Buol and Council Members tion Project - Phase I and directing the City Lynch and Jones, and City Manager Van Milli- Clerk to re-advertise for bids for the project. gen to the DRA Board of Directors. Seconded by Braig. Motion carried 6-0. Book 139 Regular Session, November 16, 2009 423 State of Iowa Legislative Priorities – 2010 Session: City Manager recommending ap- proval of the State of Iowa Legislative Priorities for the 2010 session. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. CLOSED SESSION Motion by Jones at 8:44 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Con- nors. Motion carried 6-0. Upon motion at 9:13 p.m. the City Council reconvened in regular session stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 9:14 p.m. /s/Jeanne F. Schneider, CMC City Clerk 424 Special Session, November 17, 2009 Book 139 CITY OF DUBUQUE, IOWA  property impacts  sustainability CITY COUNCIL  technical staff input OFFICIAL  stakeholder input PROCEEDINGS Mr. Sharp highlighted the recommended concept overview, which summarized the dif- The Dubuque City Council met in special ferent concepts: session at 5:30 p.m. on November 17, 2009 in Immediate recommendations: the Historic Federal Building.  Reserve rights-of-way at sug- gested areas Present: Mayor Buol, Council Members  Braig, Connors, Jones, Resnick, Voetberg, Removing parking and convert to City Manager Van Milligen, City Attorney Lin- 3-lane section immediately  dahl Add sharrows (shared bike/car Council Member Braig left the meeting at lanes) on suggested streets 6:45 p.m. Council Member Resnick left the High priority – University Avenue Overlap meeting at 6:55 p.m. Section  Signalized intersections and Absent: Council Member Lynch roundabouts  Evaluation considerations Mayor Buol read the call and stated this is  Coordination with technical staff a special session of the City Council to con- and stakeholders duct a work session regarding the East / West  Comparison and benefits of Corridor Connectivity Study. roundabout vs. signal options Review of aerial-based concepts: Project Manager Steve Brown provided a  University Avenue overlap sec- brief history of the study. tion with traffic simulation  Asbury Road east of NW Arterial Will Sharp of HDR, Inc., 8404 Indian Hills  University Avenue at Loras Bou- Drive, Omaha, Nebraska, introduced the levard project’s core team of Tara Kramer, Chris  Pennsylvania Avenue Malmberg, and Julie Neebel (IIW Engineers).  Asbury Road west of NW Arterial Mr. Sharp provided a slide presentation outlin- ing the work session and the results of the Chris Malmberg reviewed the intersection study: and roundabout concept maps and legend Presentation outline: information highlighting University Avenue and  Review study process Asbury Road concepts:  Review previous input  Full-construction areas  Review recommended concept  Adding, rebuilding and placement of  Next steps sidewalks Review of study flow chart and timeline  Raised medians Review of information incorporated from  GIS parcel information previous work session and impact of cur-  Right-of-way acquisition and impacts rent conditions  Adjacent and redundant access  Street and intersection realignments Tara Kramer reviewed the stakehold-  Multi-lane roundabouts er/agency coordination and the information  Bicycle lanes and streams gathered to date:  Neighborhood connectivity Eleven individual meetings held  Presented recommended concepts: On-street parking impact and removal  Signals vs. roundabouts Julie Neebel reviewed the concept maps Overlap section regarding Pennsylvania Avenue from the NW Priorities: Arterial to the suggested roundabout section at  University Avenue overlap section University Avenue:  Improving skewed intersections  Minimal street realignment Presentation to Long Range Planning Ad-  Bike lanes visory Commission  Minimal street and sidewalk recon- Process to identify recommended concept: struction safety   Mid-block pedestrian crossings at traffic operations Flora Park  complete streets – definition and examples Book 139 Special Session, December 1, 2009 425 CITY OF DUBUQUE, IOWA Mr. Malmberg provided additional informa- tion on the following sections: CITY COUNCIL University Avenue east of Asbury Road to OFFICIAL Booth Street: PROCEEDINGS Shared bike sharrows in Universi- ty Avenue overlap section  Realignment of Delhi Street The Dubuque City Council met in special  Signal at University Avenue and session at 5:30 p.m. on December 1, 2009 in North Grandview Avenue the Historic Federal Building.  Removal of on-street parking Loras Boulevard to Alta Vista Street Present: Mayor Buol, Council Members  Shared lane due to on-street Braig, Connors, Jones, Lynch, Resnick, Voet- parking concerns and driveway berg. City Manager Van Milligen, City Attorney access Lindahl Asbury Road west of the NW Arterial from Seippel Road Mayor Buol read the call and stated this is  a special session of the City Council to act Dedicated bike lanes  upon such business that may properly come Minimal reconstruction and re- before the City Council. alignment  Rural issues CLOSED SESSION Mr. Sharp summarized the presentation: Motion by Jones to go into closed session Additional Considerations at 5:31 p.m. regarding pending litigation pur-  Recommended future study of suant to Chapter 21.5(1)(c) of the Code of Intersections outside the scope Iowa. Seconded by Lynch. Motion carried 7-0. of this study Upon motion the City Council reconvened Next Steps in open session at 6:37 p.m. stating that staff  Finalize the study recommenda- had been given proper direction. tions  Council and citizen input, en- There being no further business, upon mo- dorsement tion the City Council adjourned at 6:38 p.m.  Prioritize improvements and in- corporate into CIP and long /s/Kevin S. Firnstahl range transportation plans Assistant City Clerk  Implement proposed improve- ments City Council Members stated their satisfac- tion with the study. Discussion included com- plete streets, enhanced pedestrian crosswalks, roundabout statistics and pro-active public awareness, bike/car sharrows and signage, limited property acquisition and assessment issues. John Adams, Board of Trustees for Hillcrest Family Services, 2005 Asbury Road, spoke regarding the potential impact construc- tion will have on the agency’s imminent plans to build a new chapel. City Council reached consensus on the roundabout solutions and endorsed the full plan. There being no further business, upon mo- tion the City Council adjourned at 7:00 p.m. /s/Jeanne F. Schneider, CMC City Clerk 426 Regular Session, December 7, 2009 Book 139 CITY OF DUBUQUE, IOWA Proofs of publication of City Council Pro- ceedings of November 2, 16, and 17, 2009 CITY COUNCIL and List of Claims and Summary of Revenues OFFICIAL for month ended October 31, 2009 PROCEEDINGS Library Board of Trustees Update from the meetings of October 22 and November 17, 2009 The Dubuque City Council met in regular Upon motion the documents were received session at 6:30 p.m. on December 7, 2009 in and filed. the Historic Federal Building. Notice of Claims/Suits: John Corbett for Present: Mayor Buol, Council Members vehicle damage; George Clark for property Braig, Connors, Jones, Lynch, Resnick, Voet- damage. Upon motion the documents were berg, City Manager Van Milligen, City Attorney received, filed and referred to the City Attor- Lindahl ney. Mayor Buol read the call and stated this is City Attorney advising that the following a regular session of the City Council to act claims have been referred to Public Entity Risk upon such business that may properly come Services of Iowa, the agent for the Iowa Com- before the City Council. munities Assurance Pool: Matthew Hurm for vehicle damage; Lola Volkert for personal in- Pledge of Allegiance jury; John Bechen for vehicle damage. Upon motion the documents were received, filed, Invocation was provided by Reverend Jay and concurred. Hilten of St. John's Lutheran Church. Champions for Inclusive Communities: PROCLAMATION Press release from the Champions for Inclu- sive Communities advising that Dubuque has Human Rights Day (December 10, 2009) been recognized as a “Star Community” by the was accepted by AmeriCorps VISTA Member Champions for Inclusive Communities. Upon Abi Cahak, 1357 Main Street. motion the document was received and filed. PRESENTATION School Resource Officer (SRO) Agree- ment: City Manager recommending approval Planning Services Manager Laura Cars- of the Fiscal Year 2009 / 2010 School Police tens presented 1000 Friends of Iowa 2009 Officer Agreement between the City of Dubu- Best Development and Leadership Award for quePolice Department and the Dubuque the Historic Millwork District Plan and Cuning- Community School District. Upon motion the ham Architecture. documents were received, filed, and approved. CONSENT ITEMS Human Rights Commission: Communica- tion from Kelly Larson, Human Rights Director, Motion by Lynch to receive and file the advising of the resignation of Terry Driskell documents, adopt the resolutions, and dispose from the Human Rights Commission. of as indicated. Seconded by Voetberg. Res- Communication from Char Eddy advising nick requested (#15) Amendment to the Re- that she will not be re-applying for another quest for Proposals (RFP) Financial Assis- term on the Human Rights Commission. tance Pool be held for separate discussion. Upon motion the documents were received Connors requested (#22) LK Development & and filed and the resignations accepted. Storage, LLC, be held for separate discussion. Motion carried 7-0. Online Employment Application Vendor Services Agreement: City Manager recom- Minutes and Reports Submitted: Arts and mending approval of the Online Employment Cultural Affairs Advisory Commission of 10/27; Application Vendor Services Agreement with City Council of 11/16, 11/17 and 12/1; Com- NeoGov. Upon motion the documents were munity Development Advisory Commission of received, filed, and approved. 11/18; Historic Preservation Commission of 11/19; Housing Commission of 10/27; Human Administrative Services Fee Renewal – Rights Commission of 10/12; Park and Flexible Spending Plan: City Manager recom- Recreation Commission of 11/10; Transit mending approval of the Administrative Ser- Board of 10/8 and 11/12; Zoning Board of Ad- vices Fee Renewal for the City’s flexible justment of 11/19 spending plan. Upon motion the documents were received, filed, and approved. Book 139 Regular Session, December 7, 2009 427 rd IA 32 Traffic Improvements – Consultant Dated this 3 day of December, 2009. Selection: City Manager recommending ap-Gus Psihoyos, City Engineer rd proval of the selection of IIW Engineers & Sur-Filed in the office of the City Clerk on the 3 veyors, PC for the IA 32 Capacity Improve-day of December, 2009. ments Project. Upon motion the documents Jeanne F. Schneider, CMC, City Clerk were received, filed, and approved. Foye Street Sidewalk / Curb and Gutter 2008 Asphalt Paving Program: City Man-Repair Project: City Manager recommending ager recommending acceptance of the 2008 acceptance of the Foye Street Sidewalk / Curb Asphalt Paving Program as completed by Riv-and Gutter Repair Project as completed by er City Paving in the final contract amount of Drew Cook & Sons Excavating, Inc. in the final $226,131.41. Upon motion the documents contract amount of $47,821.40. Upon motion were received and filed and Resolution No. the documents were received and filed and 446-09 Accepting the 2008 Asphalt Paving Resolution No. 447-09 Accepting the Foye Program and authorizing payment of the con-Street Sidewalk / Curb and Gutter Repair tract amount to the contractor was adopted. Project and authorizing payment of the con- tract amount to the contractor was adopted. RESOLUTION NO. 446-09 ACCEPTING THE 2008 ASPHALT PAVING RESOLUTION NO. 447-09 PROGRAMAND AUTHORIZING THE PAY-ACCEPTING THE FOYE STREET CURB & MENT OF THE CONTRACT AMOUNT TO GUTTER, SIDEWALK REPLACEMENT THE CONTRACTOR PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO Whereas, the Public Improvement Contract THE CONTRACTOR for the 2008 Asphalt Paving Program (the Project) has been completed and the City En-Whereas, the Public Improvement Contract gineer has examined the work and filed a cer-for the Foye Street Curb & Gutter, Sidewalk tificate stating that the Project has been com-Replacement Project (the Project) has been pleted according to the terms of the Public completed and the City Engineer has ex- Improvement Contract and that the City Engi-amined the work and filed a certificate stating neer recommends that the Project be ac-that the Project has been completed according cepted. to the terms of the Public Improvement Con- NOW THEREFORE, BE IT RESOLVED tract and that the City Engineer recommends BY THE CITY COUNCIL OF THE CITY OF that the Project be accepted. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. The recommendation of the City BY THE CITY COUNCIL OF THE CITY OF Engineer is approved and the Project is hereby DUBUQUE, IOWA: accepted. Section 1. The recommendation of the City Section 2. The Finance Director is hereby Engineer is approved and the Project is hereby directed to pay to the Contractor from the accepted. Eagle Point Park – Overlay Main Road fund, Section 2. The Finance Director is hereby Asphalt Pavement Maintenance for Parking directed to pay to the Contractor from the Curb Lots fund and 2009 Annual Street Program Replacement Capital Improvement Project and fund appropriation for the contract amount of the Sidewalk Replacement Program Capital $226,131.41 less any retained percentage Improvement Project appropriations for the provided for therein as provided in Iowa Code contract amount of $47,821.40 less any re- Chapter 573, and to pay such retainage only in tained percentage provided for therein as pro- accordance with the provisions of Iowa Code vided in Iowa Code Chapter 573, and to pay Chapter 573. such retainage only in accordance with the th Passed, approved and adopted this 7 day provisions of Iowa Code Chapter 573. th of December, 2009. Passed, approved and adopted this 7 day Roy D. Buol, Mayor of December, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2008 ASPHALT PAV-CITY ENGINEER’S CERTIFICATE OF FINAL ING PROGRAM COMPLETION OF THE FOYE STREET CURB & GUTTER, SIDEWALK REPLACE- The undersigned City Engineer of the City MENT PROJECT of Dubuque, Iowa, hereby certifies that he has inspected the 2008 Asphalt Paving Program, The undersigned City Engineer of the City that the Project has been performed in com-of Dubuque, Iowa, hereby certifies that he has pliance with the terms of the Public Improve-inspected the Foye Street Curb & Gutter, Si- ment Contract, and that the total cost of the dewalk Replacement Project, that the Project completed work is $247,925.30. has been performed in compliance with the 428 Regular Session, December 7, 2009 Book 139 terms of the Public Improvement Contract, and performed in compliance with the terms of the that the total cost of the completed work is Public Improvement Contract, and that the $52,382.80. total cost of the completed work is rd Dated this 3 day of December, 2009. $104,423.16. rd Gus Psihoyos, City Engineer Dated this 3 day of December, 2009. rd Filed in the office of the City Clerk on the 3 Gus Psihoyos, City Engineer rd day of December, 2009. Filed in the office of the City Clerk on the 3 Jeanne F. Schneider, CMC, City Clerk day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Garfield Avenue Retaining Wall Recon- struction Project: City Manager recommending Ramona / Pamela Court Slab Replacement acceptance of the Garfield Avenue Retaining Project: City Manager recommending accep- Wall Reconstruction Project as completed by tance of the Ramona / Pamela Court Slab Re- Top Grade Excavating, Inc. in the final contract placement Project as completed by Portzen amount of $87,601.19. Upon motion the doc-Construction, Inc. in the final contract amount uments were received and filed and Resolution of $67,773.15. Upon motion the documents No. 448-09 Accepting the Garfield Avenue were received and filed and Resolution No. Retaining Wall Reconstruction Project and 449-09 Accepting the Ramona / Pamela Court authorizing payment of the contract amount to Slab Replacement Project and authorizing the contractor was adopted. payment of the contract amount to the contrac- tor was adopted. RESOLUTION NO. 448-09 ACCEPTING THE 1695 GARFIELD AVENUE RESOLUTION NO. 449-09 RETAINING WALL REPAIR PROJECT AND ACCEPTING THE RAMONA STREET AND AUTHORIZING THE PAYMENT OF THE PAMELA COURT, FROM HERITAGE DRIVE CONTRACT AMOUNT TO THE CONTRAC-TO ADELINE STREET, PANEL REPLACE- TOR MENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT Whereas, the Public Improvement Contract TO THE CONTRACTOR for the 1695 Garfield Avenue Retaining Wall Repair Project (the Project) has been com-Whereas, the Public Improvement Contract pleted and the City Engineer has examined the for the Ramona Street and Pamela Court, from work and filed a certificate stating that the Heritage Drive to Adeline Street, Panel Re- Project has been completed according to the placement Project (the Project) has been terms of the Public Improvement Contract and completed and the City Engineer has ex- that the City Engineer recommends that the amined the work and filed a certificate stating Project be accepted. that the Project has been completed according NOW THEREFORE, BE IT RESOLVED to the terms of the Public Improvement Con- BY THE CITY COUNCIL OF THE CITY OF tract and that the City Engineer recommends DUBUQUE, IOWA: that the Project be accepted. Section 1. The recommendation of the City NOW THEREFORE, BE IT RESOLVED Engineer is approved and the Project is hereby BY THE CITY COUNCIL OF THE CITY OF accepted. DUBUQUE, IOWA: Section 2. The Finance Director is hereby Section 1. The recommendation of the City directed to pay to the Contractor from the Gar-Engineer is approved and the Project is hereby field Wall appropriations for the contract accepted. amount of $87,601.19 less any retained per-Section 2. The Finance Director is hereby centage provided for therein as provided in directed to pay to the Contractor from the Ra- Iowa Code chapter 573, and to pay such retai-mona/Pamela Joint Repair Capital Improve- nage only in accordance with the provisions of ment Project and the Ramona Street and Pa- Iowa Code chapter 573. mela Court Resurfacing Capital Improvement th Passed, approved and adopted this 7 day Project appropriations for the contract amount of December, 2009. of $67,773.15 less any retained percentage Roy D. Buol, Mayor provided for therein as provided in Iowa Code Attest: Jeanne F. Schneider, CMC, City Clerk Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code CITY ENGINEER’S CERTIFICATE OF FINAL Chapter 573. th COMPLETION OF THE 1695 GARFIELD Passed, approved and adopted this 7 day AVENUE RETAINING WALL REPAIR of December, 2009. PROJECT Roy D. Buol, Mayor The undersigned City Engineer of the City Attest: Jeanne F. Schneider, CMC, City Clerk of Dubuque, Iowa, hereby certifies that he has inspected the 1695 Garfield Avenue Retaining Wall Repair Project, that the Project has been Book 139 Regular Session, December 7, 2009 429 CITY ENGINEER’S CERTIFICATE OF FINAL Attest: Jeanne F. Schneider, CMC, City Clerk COMPLETION OF THE PAMELA COURT, FROM HERITAGE DRIVE TO ADELINE CITY ENGINEER’S CERTIFICATE OF FINAL ND STREET, PANEL REPLACEMENT PROJECT COMPLETION OF THE WEST 32 STREET DETENTION BASIN PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has The undersigned City Engineer of the City inspected the, that the Ramona Street and of Dubuque, Iowa, hereby certifies that he has nd Pamela Court, from Heritage Drive to Adeline inspected the West 32 Street Detention Ba- Street, Panel Replacement Project has been sin Project, that the Project has been per- performed in compliance with the terms of the formed in compliance with the terms of the Public Improvement Contract, and that the Public Improvement Contract, and that the total cost of the completed work is $71,113.79. total cost of the completed work is nd Dated this 2 day of December, 2009. $4,158,589.12. nd Gus Psihoyos, City Engineer Dated this 2 day of December, 2009. rd Filed in the office of the City Clerk on the 3 Gus Psihoyos, City Engineer rd day of December, 2009. Filed in the office of the City Clerk on the 3 Jeanne F. Schneider, CMC, City Clerk day of December, 2009. Jeanne F. Schneider, CMC, City Clerk nd West 32 Street Detention Basin Project: City Manager recommending acceptance of I-Jobs Affordable Housing Assistance Pro- nd the West 32 Street Detention Basin Project gram Grant Application: City Manager recom- as completed by Tschiggfrie Excavating Com-mending approval of an I-Jobs Affordable pany in the final contract amount of Housing Assistance Program grant application $1,711,836.54. Upon motion the documents to the Iowa Finance Authority (IFA) on behalf were received and filed and Resolution No. of Michelle Mihalakis for her Salvia House nd 450-09 Accepting the West 32 Street Deten-project. Upon motion the documents were re- tion Basin Project and authorizing payment of ceived and filed and Resolution No. 451-09 the contract amount to the contractor was Approving an I-Jobs Affordable Housing Pro- adopted. gram Assistance grant application to the Iowa Finance Authority on behalf of Michelle Miha- RESOLUTION NO. 450-09 lakis / Salvia House was adopted. ND ACCEPTING THE WEST 32 STREET DE- TENTION BASIN PROJECT AND AUTHO-RESOLUTION NO. 451-09 RIZING THE PAYMENT OF THE CONTRACT APPROVING A I-JOBS AFFORDABLE AMOUNT TO THE CONTRACTOR HOUSING PROGRAM ASSISTANCE GRANT APPLICATION TO THE IOWA FINANCE AU- Whereas, the Public Improvement Contract nd THORITY ON BEHALF OF MICHELLE MI- for the West 32 Street Detention Basin HALAKIS/SALVIA HOUSE Project (the Project) has been completed and the City Engineer has examined the work and Whereas, the State of Iowa has estab- filed a certificate stating that the Project has lished a Housing Assistance Grant Program to been completed according to the terms of the assist in the development of housing in the Public Improvement Contract and that the City State of Iowa; and Engineer recommends that the Project be ac-Whereas, the developer of Manasseh cepted. House and Salvia House has been encour- NOW THEREFORE, BE IT RESOLVED aged to make an application for the grant pro- BY THE CITY COUNCIL OF THE CITY OF gram; and DUBUQUE, IOWA: Whereas, Salvia House will provide Section 1. The recommendation of the City needed residential support and assistance to Engineer is approved and the Project is hereby single low-income women living in the down- accepted. town area; and Section 2. The Finance Director is hereby Whereas, the City Council finds that the directed to pay to the Contractor from the West proposed application is acceptable and neces- nd 32 Street Detention Basin Project fund, Clif-sary for the support of this clientele. ford-Rosemont Storm Sewer fund, and Gener-NOW THEREFORE, BE IT RESOLVED al Sanitary Sewer Repairs fund appropriations BY THE CITY COUNCIL OF THE CITY OF for the contract amount of $1,711,836.54 less DUBUQUE, IOWA: any retained percentage provided for therein Section 1. The City of Dubuque agrees to as provided in Iowa Code Chapter 573, and to sponsor the Affordable Housing Assistance pay such retainage only in accordance with the Grant provisions of Iowa Code Chapter 573. Program Application to the Iowa Finance Au- th Passed, approved and adopted this 7 day thority on behalf of Michelle Mihalakis/Salvia of December, 2009. House. Roy D. Buol, Mayor 430 Regular Session, December 7, 2009 Book 139 Section 2. That the Mayor is hereby autho-Section 3. That the City Manager is hereby rized and directed to execute this Resolution authorized and directed to distribute the re- and application on behalf of the City of Dubu-vised Request for Proposal to interested par- que and forward the executed copy to the Iowa ties. th Finance Authority. Passed, approved and adopted this 7 day th Passed, approved and adopted this 7 day of December, 2009. of December, 2009. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne Schneider, CMC, City Clerk Iowa Finance Authority Dubuque Housing Amendment to the Request for Proposals Study: City Manager transmitting a report from (RFP) – Financial Assistance Pool: City Man-the Iowa Finance Authority (IFA) about Dubu- ager recommending approval of an amend-que’s rental housing market. Upon motion the ment to the Request for Proposals require-documents were received and filed. ments to make additional properties eligible for the pool of funds to encourage developers and Vacuum Filter Building Back-Up Power property owners to create new residential units Supply Project: City Manager recommending in the Greater Downtown Urban Renewal Dis-acceptance of the Vacuum Filter Building trict. Motion by Resnick to receive and file the Back-Up Power Supply Project as completed documents and adopt Resolution No. 452-09 by Morse Electric, Inc. in the final contract Approving an amendment to the Request for amount of $3,461.49. Upon motion the docu- Proposals to encourage market-rate downtown ments were received and filed and Resolution rental and owner-occupied residential units in No. 453-09 Accepting the Vacuum Filter Build- the Greater Downtown Urban Renewal District. ing Back-Up Power Supply Project and autho- Seconded by Braig. Motion carried 7-0. rizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 452-09 APPROVING AN AMENDMENT TO THE RESOLUTION NO. 453-09 REQUEST FOR PROPOSALS TO ENCOUR-ACCEPTING THE EAGLE POINT WATER AGE MARKET-RATE DOWNTOWN RENTAL PLANT VACUUM FILTER BUILDING BACK- AND OWNER-OCCUPIED RESIDENTIAL UP POWER SUPPLY PROJECT AND AU- UNITS IN THE GREATER DOWNTOWN UR-THORIZING THE PAYMENT OF THE CON- BAN RENEWAL DISTRICT TRACT AMOUNT TO THE CONTRACTOR Whereas, the City of Dubuque has been Whereas, the Public Improvement Contract successful in encouraging job creation and for the Eagle Point Water Plant Vacuum Filter retention in the community for several years; Building Back-up Power Supply (the Project) and has been completed and IIW Engineering of Whereas, many of the City of Dubuque’s Dubuque, Iowa, the City’s consulting engineer- new residents have a strong desire to live near ing firm, has examined the work and filed a work and entertainment; and letter stating that the Project has been com- Whereas, a significant shortage of quality pleted according to the terms of the Public market-rate rental and owner-occupied resi-Improvement Contract and has recommended dential units exists and efforts are needed to that the Project be accepted. encourage new development of such units; NOW THEREFORE, BE IT RESOLVED and BY THE CITY COUNCIL OF THE CITY OF Whereas, several downtown residential DUBUQUE, IOWA: development projects need financial assis-Section 1. The recommendation of the tance to secure funding for such project; and City’s consulting firm is approved and the Whereas, the Request for Proposals ap-Project is hereby accepted. proved by Resolution 444-09 requires certain Section 2. The Finance Director is hereby changes to the minimum requirements of eligi-directed to pay the Contractor from the Water ble projects. Department’s FY-2010 Capital Improvement NOW THEREFORE, BE IT RESOLVED Program Budget Fund Code 740-2020 appro- BY THE CITY COUNCIL OF THE CITY OF priation for the contract amount of $3,461.49 DUBUQUE, IOWA: less any retained percentage provided therein Section 1. The City Council approves eli-as provided in Iowa Code, Chapter 573, and to minating the requirement that ten (10) new pay such retainage only in accordance with the housing units be created by the project. provisions of Iowa Code Chapter 573. th Section 2. The City Council approves that Passed, approved and adopted this 7 day no more than 85% of the project units may of December, 2009. have the 80% of median income or below re-Roy D. Buol, Mayor striction. Attest: Jeanne F. Schneider, CMC, City Clerk Book 139 Regular Session, December 7, 2009 431 2 Eagle Point Water Plant West Clear Well for the Dubuque Initiative. Upon motion the Phase II Pipe Coating Project: City Manager documents were received and filed. recommending acceptance of the Eagle Point Water Plant West Clear Well Phase II Pipe Letter of Support – YMCA: City Manager Coating Project as completed by Superior recommending approval of a letter of support Painting and Epoxy Coating, LLC in the final on behalf of the Community Y’s application for contract amount of $1,812.80. Upon motion ACHIEVE Healthy Communities Program the documents were received and filed and funding. Upon motion the documents were Resolution No. 454-09 Accepting the Eagle received, filed and approved. Point Water Plant West Clear Well Phase II Pipe Coating Project and authorizing payment LK Development & Storage, LLC: Commu- of the contract amount to the contractor was nication from Attorney Brian Kane, adopted. representing LK Development & Storage, LLC, requesting that the building located at 3040 RESOLUTION NO. 454-09 Elm Street be removed from the City’s historic ACCEPTING THE EAGLE POINT WATER conservation district. Motion Connors by to PLANT WEST CLEAR WELL PHASE II PIPE receive and file the documents and refer to the COATING PROJECT AND AUTHORIZING City Manager. Seconded by Voetberg. Van THE PAYMENT OF THE CONTRACT Milligen stated that any recommendations from AMOUNT TO THE CONTRACTOR staff regarding the property would have to Whereas, the Public Improvement Contract come back to the City Council. Motion carried for the Eagle Point Water Plant West Clear 7-0. Well Phase II Pipe Coating Project (the Project) has been completed and Veenstra & Drug Awareness Resistance Education Kimm of Moline, IL, the City’s consulting engi-(DARE) Contract: City Manager recommend- neering firm, has examined the work and filed ing approval of the 2009 / 2010 DARE contract a letter stating that the Project has been com-between the City of Dubuque, the Dubuque pleted according to the terms of the Public Community School District and the Holy Fami- Improvement Contract and has recommended ly Catholic Schools. Upon motion the docu- that the Project be accepted. ments were received, filed, and approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I-JOBS Green Urban Stormwater Program: DUBUQUE, IOWA: City Manager transmitting an application for Section 1. The recommendation of the $100,000 in funding for a green alley through City’s consulting firm is approved and the the I-JOBS Green Urban Stormwater program. Project is hereby accepted. Upon motion the documents were received Section 2. The Finance Director is hereby and filed. directed to pay the Contractor from the Water Department’s FY-2010 Capital Improvement Signed Contracts: Water Pollution Control Program Budget Fund Code 740-1828 appro-Plant Replacement Project – Eco Smart Build- priation for the contract amount of $1,812.80 ing Additional Agreement. Upon motion the less any retained percentage provided therein documents were received, filed, and approved. as provided in Iowa Code, Chapter 573, and to pay such retainage only in accordance with the Liquor License Applications: City Manager provisions of Iowa Code Chapter 573. recommending approval of annual liquor li- th Passed, approved and adopted this 7 day cense renewals as submitted. Upon motion the of December, 2009. documents were received and filed and Reso- Roy D. Buol, Mayor lution No. 456-09 Granting the issuance of a Attest: Jeanne F. Schneider, CMC, City Clerk Class “C” Beer License to Jannah Corporation (3270 Dodge Street), Jannah Corporation Vision Iowa Grant for Art Market: City (4100 Dodge Street), Sam’s Club, Hy-Vee #2, Manager recommending approval of the sub-and Kwik Stop Food Mart; and Resolution No. mittal of a $15,000 Vision Iowa grant applica-457-09 Granting the issuance of a Class “B” tion to cover the costs of promoting the Sum-(Hotel/Motel) Liquor License to Holiday Inn mer 2010 Art Market. Upon motion the docu-Dubuque Five Flags; Class “C” Beer/Liquor ments were received, filed, and approved. License to Instant Replay, Pepper Sprout, and Cue Masters Billiard; Class “B” Wine permit to Iowa Power Fund Community Grant Appli-Sam’s Club and Hy-Vee #2; and Class “WBN” cation: City Manager transmitting the Iowa Native Wine License to I Luv Food were Power Fund Community Grant Application adopted. submitted on behalf of the City of Dubuque, Dubuque Area Chamber of Commerce and the Community Foundation of Greater Dubuque 432 Regular Session, December 7, 2009 Book 139 RESOLUTION NO. 456-09 Hy-Vee, Inc., Hy-Vee #2, 2395 NW Arterial Whereas, applications for Liquor Licenses CLASS “WBN” NATIVE WINE LICENSE have been submitted to this Council for ap-TFM. Co., I Luv Food, 535 Hill Street #B proval and the same have been examined and Passed, approved and adopted this 7th approved; and day of December, 2009. Whereas, the premises to be occupied by Roy D. Buol, Mayor such applicants were inspected and found to Attest: Jeanne F. Schneider, CMC, City Clerk comply with the State Laws and all City Ordin- ances relevant thereto and they have filed Northern Lights Hockey, LLC:City Manag- proper bonds. er recommending that the City consent to the NOW, THEREFORE, BE IT RESOLVED Assignment by Battlefield Dubuque, LLC of its BY THE CITY COUNCIL OF THE CITY OF interest in the Development Agreement be- DUBUQUE, IOWA: tween the City, Dubuque Ice and Recreation That the Manager be authorized to cause Center and the Dubuque Racing Association to be issued the following named applicants a to Northern Lights Hockey, LLC. Upon motion Liquor License. the documents were received and filed and CLASS “C” BEER LICENSE Resolution No. 458-09 Consenting to the as- Jannah Corp., 3270 Dodge Street signment by Battlefield Dubuque, LLC of its +(Sunday Sale), 3270 Dodge Street interest in the Development Agreement be- Jannah Corp., 4110 Dodge Street tween and among the City of Dubuque, Iowa +(Sunday Sale), 4110 Dodge Street (City), Dubuque Ice and Recreation Center, Sam’s West, Inc., Sam’s Club #4973 Inc. (DICE), Dubuque Racing Association +(Sunday Sale), 4400 Asbury Road (DRA), and Battlefield Dubuque, LLC (Battle- Hy-Vee, Inc., Hy-Vee #2 +(Sunday Sale), field) was adopted. 2395 NW Arterial RESOLUTION NO. 458-09 Rainbo Oil Company, Kwik Stop Food Mart CONSENTING TO THE ASSIGNMENT BY +(Sunday Sale), 2320 Hwy 6l BATTLEFIELD DUBUQUE, LLC OF ITS IN- Passed, approved and adopted this 7th TEREST IN THE DEVELOPMENT AGREE- day of December, 2009. MENT BETWEEN AND AMONG THE CITY Roy D. Buol, Mayor OF DUBUQUE, IOWA (CITY), DUBUQUE ICE Attest: Jeanne F. Schneider, CMC, City Clerk AND RECREATION CENTER, INC. (DICE), RESOLUTION NO. 457-09 DUBUQUE RACING ASSOCIATION (DRA), AND BATTLEFIELD DUBUQUE, LLC (BAT- Whereas, applications for Liquor Licenses TLEFIELD) have been submitted to this Council for ap- proval and the same have been examined and Whereas, City, DICE, DRA, and Battlefield approved; and entered into a Development Agreement, dated th Whereas, the premises to be occupied by for reference purposes the 5 day of October, such applicants were inspected and found to 2009, pursuant to which City has agreed to comply with the State Laws and all City Ordin-lease DICE certain real property located in the ances relevant thereto and they have filed City of Dubuque, so that DICE may construct proper bonds. on the property an ice arena (the Arena) as NOW, THEREFORE, BE IT RESOLVED described therein; and BY THE CITY COUNCIL OF THE CITY OF Whereas, DRA and Battlefield agreed to DUBUQUE, IOWA: contribute to the funds required by DICE for That the Manager be authorized to cause the construction of the Arena and to enter into to be issued the following named applicants a an agreement for the use of the Arena; and Liquor License. Whereas, Northern Lights Hockey, LLC is CLASS “B”(HOTEL/MOTEL) LIQUOR LI-the owner and operator of the United States CENSE Hockey League team that will be using the Kinseth Hotel Corporation, Holiday Inn Du-Arena for hockey events; and buque 5-Flags, +(Sunday Sale), 450 Main Whereas, Battlefield has requested City Street consent to the attached Assignment of the CLASS “C” BEER/LIQUOR LICENSE Development Agreement and related Assign- Pam Arensdorf, Instant Replay+(Sunday ment Agreements to Northern Lights Hockey, Sale), 1602 Central Avenue LLC; and Pepper Sprout, Inc., Pepper Sprout, 378 Whereas, the City Council has determined Main Street that it should consent to the Assignment and CueMasters Billiards, Cue Masters Bil-Assumption Agreement. liard+(Sunday Sale), 900 Central Avenue NOW, THEREFORE, BE IT RESOLVED CLASS “B” WINE BY THE CITY COUNCIL OF THE CITY OF Sam’s West, Inc., Sam’s Club #4973, 4400 DUBUQUE, IOWA: Asbury Road Book 139 Regular Session, December 7, 2009 433 nd Section 1. The Assignment and Assump-32 Street; Walt Webster, 3509 Asbury Road. tion Agreement is hereby approved. Upon roll-call vote, Edward Cawley was ap- Section 2. The Mayor is hereby authorized pointed to the Mississippi River Partnership and directed to sign the Consent to Assign-Council for a 3-year term through December ment and Assumption Agreement attached 32, 2012. thereto. Plumbing Board: One 3-year term through th Passed, approved and adopted this 7 November 2, 2012 (At-large term of Harris). day of December, 2009. Applicant: Daniel Harris, 998 Indian Ridge. Roy D. Buol, Mayor Motion by Braig to re-appoint Daniel Harris to Attest: Jeanne F. Schneider, CMC, City Clerk the Plumbing Board for a 3-year term through November 2, 2012. Seconded by Connors. ITEMS TO BE SET FOR PUBLIC HEARING Motion carried 7-0. Transit Board of Trustees: One 3-year term Motion by Connors to receive and file the through July 30, 2011 (Term of Curtis). Appli- documents, set the public hearing as indi-cant: Thomas Croissant Jr., 444 Angella Street cated, and direct the City Clerk to publish no-#8. Motion by Connors to appoint Thomas tice as prescribed by law. Seconded by Voet-Croissant, Jr., to the Transit Board of Trustees berg. Motion carried 7-0. for a 3-year term through July 30, 2011. Seconded by Jones. Motion carried 7-0. Individual Historic Designation – 44 Main PUBLIC HEARINGS Street: Historic Preservation Commission re- commending that a public hearing be set for January 19, 2010 to consider approval of the Upon motion the rules were suspended al- Individual Historic Designation for 44 Main lowing anyone present to address the City Street. Upon motion the documents were re-Council. ceived and filed setting a public hearing for a meeting to commence at 6:30 p.m. on January Dubuque Industrial Center – Planned Unit 19, 2010 in the Historic Federal Building. Development District (Tabled on July 6, 2009): City Manager requesting that this item be BOARDS/COMMISSIONS tabled to June 7, 2010. Proof of publication on notice of hearing to Applicants were invited to address the City consider a request from the City of Dubuque/ Council regarding their desire to serve on the Dubuque Initiatives to amend the Planned Unit following Boards/Commissions: Housing Code Development (PUD) for the Dubuque Industrial Appeals Board: Two 3-year terms through Center, located on Chavenelle Road and the January 11, 2013 (Terms of Kinsella and Northwest Arterial, to change the designation Schaub). Applicants: William Kinsella, 2 Julien of property from open space to commercial Dubuque Drive; Robert Schaub, 1745 Embas-and Zoning Advisory Commission recommend- sy West Drive. ing approval, with conditions. Motion by Con- Human Rights Commission: One 3-year nors to remove from the table and retable until term through January 1, 2011 (Term of June 7, 2010, a proposed ordinance amending Driskell), and three 3-year terms through Jan-Appendix A (the Zoning Ordinance) of the City uary 1, 2013 (Terms of Eddy, Oswald and of Dubuque Code of Ordinances by adopting a Winterwood). Applicants: Lori Apel, 3315 revised Planned Unit Development Ordinance Spring Valley Road; Marquita Bolden, 2757 for the Dubuque Industrial Center Phases I Ventura Drive, #2; Lynn Sutton, 876 Yale and II located at the southwest corner of Court, #1; Pam Sharrad, 836 Air Hill Street; Highway 32 (Northwest Arterial) and Chave- Robert Yunk, 815 Rose Street, #2; R.R.S. nelle Road and by repealing Ordinance 22-07. (Rachael) Stewart, 460 Summit Street. Ms. Seconded by Voetberg. Motion carried 7-0. Stewart, Ms. Sutton, and Mr. Yunk spoke in support of their respective appointments. General Obligation Urban Renewal Bonds: Mediacom Charitable Foundation: Two 1-Proof of publication on notice of public hearing year terms through December 31, 2010 to consider approval of the issuance of not to (Terms of Chavenelle and Twining). Appli-exceed $6,000,000 General Obligation Urban cants: Gail Chavenelle, 1155 Kelly Lane; and Renewal Bonds for costs associated with the Connie Twining, 421 North Booth Street. construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other Appointments to the following public improvements in the Historic Millwork Boards/Commissions: Mississippi River Part-District and the funding of grants, loans and nership Council: One 3-year term through De-other financial assistance to private developers cember 31, 2012. Applicants: Anthony Allen, to assist in rehabilitation of existing buildings 575 Almond Street; Edward Cawley, 598 and construction of housing development Needham Street; Kenneth Oglesby, 990 W. projects in the Millwork District and City Man- 434 Regular Session, December 7, 2009 Book 139 th ager recommending approval. Motion by Passed and approved this 7 day of No- Jones to receive and file the documents and vember, 2009. adopt Resolution No. 459-09 Instituting pro-Roy D. Buol, Mayor ceedings to take additional action for the is-Attest: Jeanne F. Schneider, CMC, City Clerk suance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds. Seconded North Fork Catfish Creek Stormwater and by Voetberg. Motion carried 7-0. Sanitary Sewer Reconstruction Project – Phase III: Proof of publication on notice of pub- RESOLUTION NO. 459-09 lic hearing to consider the plans and specifica- INSTITUTING PROCEEDINGS TO TAKE tions, form of contract and estimated cost for ADDITIONAL ACTION FOR THE ISSUANCE the North Fork Catfish Creek Stormwater and OF NOT TO EXCEED $6,000,000 GENERAL Sanitary Sewer Reconstruction Project – OBLIGATION URBAN RENEWAL BONDS Phase III and City Manager recommending WHEREAS, pursuant to notice published approval. Motion by Lynch to receive and file as required by law, this Council has held a the documents and adopt Resolution No. 460- public meeting and hearing upon the proposal 09 Approving plans, specifications, form of to institute proceedings for the issuance of not contract, and estimated cost for the North Fork to exceed $6,000,000 General Obligation Ur-Catfish Creek Stormwater and Sanitary Sewer ban Renewal Bonds, for the purpose of paying Reconstruction Project – Phase III. Seconded costs of aiding in the planning, undertaking by Connors. Motion carried 7-0. and carrying out of urban renewal project ac- RESOLUTION NO. 460-09 tivities under the authority of Chapter 403 of APPROVAL OF PLANS, SPECIFICATIONS, the Code of Iowa and the Amended and Res- FORM OF CONTRACT, AND ESTIMATED tated Urban Renewal Plan for the Greater COST FOR THE NORTH FORK CATFISH Downtown Urban Renewal Area, including CREEK STORMWATER AND SANITARY those costs associated with the construction of SEWER IMPROVEMENTS PROJECT – street, stormwater, sanitary sewer, water, fiber PHASE III optic, parking and other public improvements in the Historic Millwork District, and the funding NOW THEREFORE, BE IT RESOLVED of grants, loans and other financial assistance BY THE CITY COUNCIL OF THE CITY OF to private developers to assist in rehabilitation DUBUQUE, IOWA: of existing buildings and construction of hous-That the proposed plans, specifications, ing development projects in the Millwork Dis-form of contract and estimated cost for the trict, and no petition was filed calling for a refe-North Fork Catfish Creek Stormwater and Sa- rendum thereon. The following action is now nitary Sewer Improvements Project – Phase considered to be in the best interests of the III, in the estimated amount $2,082,428.43, are City and residents thereof. hereby approved. th NOW, THEREFORE, BE IT RESOLVED Passed, adopted and approved this 7 day BY THE CITY COUNCIL OF THE CITY OF of December, 2009. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. That this Council does hereby Attest: Jeanne F. Schneider, CMC, City Clerk institute proceedings and take additional action for the sale and issuance in the manner re-Upon motion the rules were reinstated li- quired by law of not to exceed $6,000,000 miting discussion to the City Council. General Obligation Urban Renewal Bonds, for ACTION ITEMS the foregoing purposes. Section 2. This Resolution shall serve as a declaration of official intent under Treasury Water Meter Change Out Project Vendor Regulation 1.150-2 and shall be maintained on Selection: City Manager recommending ap- file as a public record of such intent. It is rea-proval to award the contract for the Water Me- sonably expected that the general fund mo-ter Change Out Project to Northern Water neys may be advanced from time to time for Works Supply in the estimated amount of capital expenditures which are to be paid from $5,493,293, subject to all contract, insurance the proceeds of the above Bonds. The and bonding issues being resolved with the amounts so advanced shall be reimbursed City and approved by the Iowa Department of from the proceeds of the Bonds not later than Natural Resources and the Iowa Finance Au- eighteen months after the initial payment of the thority. Motion by Connors to receive and file capital expenditures or eighteen months after the documents and adopt Resolution No. 461- the property is placed in service. Such ad-09 Awarding a contract to Northern Water vancements shall not exceed the amount au-Works Supply for the Water Meter Change Out thorized in this Resolution unless the same are Project for the City of Dubuque, Iowa. for preliminary expenditures or unless another Seconded by Jones. Motion carried 7-0. declaration of intention is adopted. Book 139 Regular Session, December 7, 2009 435 RESOLUTION NO. 461-09 how the process was started, exercising cau- AWARDING A CONTRACT TO NORTHERN tion so as not to blame all Section 8 recipients; WATER WORKS SUPPLY FOR THE WATER requesting updates from the Safe Community METER CHANGE OUT PROJECT FOR THE Task Force, concern over the voucher pro- CITY OF DUBUQUE, IOWA gram and its effects on the elderly and dis- Whereas, sealed proposals were received abled recipients, study the relationship to th on the 6 of November, 2009 for the Water crime in all programs and not just Section 8, Meter Change Out Project (the Project); and and information and collection of data from a Whereas, the City Council has determined wider time frame and length of time required to that it is in the best interests of the City of Du-compete the study. Motion carried 7-0. buque to award the contract for the Project to Northern Water Works Supply, with a bid Section 8 Administrative Plan: City Manag- amount of $5,493,293, contingent upon all er informing the City Council of amendments contract, insurance, and bonding issues being to the Section 8 Administrative Plan. Motion by resolved and contracts are signed by Decem-Jones to receive and file the documents. ber 10, 2009 and that the said documents be Seconded by Resnick. Motion carried 7-0. approved by the Iowa Department of Natural Resources and the Iowa Finance Authority by Direct Financial Assistance Application – February 17, 2010, as required by the Ameri-Creative Frontier, Inc.: City Manager recom- can Recovery and Reinvestment Act (ARRA). mending approval of a Direct Financial Assis- NOW THEREFORE, BE IT RESOLVED, tance application to the Iowa Department of BY THE CITY COUNCIL OF THE CITY OF Economic Development on behalf of Creative DUBUQUE, IOWA: Frontier, Inc. to assist with relocating its opera- Section 1. That a Contract for the Project is tions to Dubuque. Motion by Connors to re- hereby awarded to Northern Water Works ceive and file the documents and adopt Reso- Supply, contingent upon all contract, insurance lution No. 462-09 Authorizing the filing of an schedules, and bonding issues being resolved IDED Direct Financial Assistance Application and contracts be signed by December 10, on behalf of Creative Frontier, Inc. Seconded 2009 and submitted for approval by the Iowa by Jones. Motion carried 7-0. Department of Natural Resources and the RESOLUTION NO. 462-09 Iowa Finance Authority by February 17, 2010, AUTHORIZING THE FILING OF AN IDED as required by the American Recovery and DIRECT FINANCIAL ASSISTANCE APPLI- Reinvestment Act (ARRA). CATION ON BEHALF OF THE CREATIVE Section 2. The City Manager is hereby di- FRONTIER, INC. rected to execute a Contract on behalf of the City of Dubuque for the Project which Contract Whereas, The Creative Frontier, Inc. has shall include a provision that the Contractor proposed the relocation of its operations in acknowledges and agrees that the Contract is Dubuque, Iowa; and contingent upon review and approval from the Whereas, the City Council of Dubuque, Iowa Department of Natural Resources and Iowa has considered said proposal and has the Iowa Finance Authority by February 17, determined that the proposed project will con- 2010, and that in the event that such approval tribute to the local economy through the crea- is not received, then the Contract shall be null tion of 21 new jobs for area residents; and and void. Whereas, the Iowa Department of Eco- th Passed, approved and adopted this 7 day nomic Development's (IDED) Direct Financial of December, 2009. Assistance Program was designed to assist in Roy D. Buol, Mayor the economic development efforts of local ju- Attest: Jeanne F. Schneider, CMC, City Clerk, risdictions; and Whereas, the City of Dubuque, Iowa is eli- Report on Rental Housing and Arrest Activ-gible to apply for funding from the Direct Fi- ity in the City of Dubuque: City Manager nancial Assistance program. transmitting results of the Report on Rental NOW, THEREFORE, BE IT RESOLVED Housing and Arrest Activity in the City of Du-BY THE CITY COUNCIL OF THE CITY OF buque and recommending pursuit of additional DUBUQUE, IOWA: information. Motion by Connors to receive and Section 1. That the filing of an application file the documents and approve the recom-for participation in the Direct Financial Assis- mendation. Seconded by Jones. President and tance program on behalf of The Creative Fron- CEO Bob Woodward and Research Coordina-tier, Inc. is hereby approved. tor Len Decker of Alta Vista Research, 1450 Section 2. That the local match of identified Alta Vista Street, provided a slide presentation in the application consisting of transferring outlining the goals, objectives, process, and ownership of usable right-of-way along Kerper data findings of the study. City Council discus-Boulevard to the company is hereby approved, sion included expressing disappointment in subject to IDED application approval. 436 Regular Session, December 7, 2009 Book 139 Section 3. That the Mayor is hereby autho-providing that general property taxes levied rized to execute and the City Manager is here-and collected each year on all property located by directed to submit said application to the within the Greater Downtown Urban Renewal Iowa Department of Economic Development District of the City of Dubuque, County of Du- together with such documents as may be re-buque, State of Iowa, by and for the benefit of quired. the State of Iowa, City of Dubuque, County of th Passed, approved, and adopted this 7 Dubuque, Dubuque Community School Dis- day of December, 2009. trict, and other taxing districts, be paid to a Roy D. Buol, Mayor special fund for payment of principal and inter- Attest: Jeanne Schneider, CMC, City Clerk est on loans, monies advanced to and indeb- tedness, including bonds issued or to be is- Holiday Decorations in Washington Park: sued, incurred by said City in connection with Communication from Tammy Welbes, Dubu-the Urban Renewal Plan for the Greater Down- que Junior Chamber, requesting that the City town Urban Renewal District. Seconded by assist the Dubuque Junior Chamber with Braig. Motion carried 7-0. $600.00 for Christmas decorations in Wash- OFFICIAL PUBLICATION ington Park. ORDINANCE NO. 58-09 City Manager recommending approval of a AMENDING ORDINANCE NOS. 60-08, 63-07, request from the Dubuque Junior Chamber for 20-07, 35-04, 30-82 AND 66-89, AS PRE- $600.00 to replace the holiday decorations in VIOUSLY AMENDED, PROVIDING THAT Washington Park. GENERAL PROPERTY TAXES LEVIED AND Motion by Connors to receive and file the COLLECTED EACH YEAR ON ALL PROP- documents and approve the recommendation. ERTY LOCATED WITHIN THE GREATER Seconded by Braig. Motion carried 6-1 with DOWNTOWN URBAN RENEWAL DISTRICT Resnick voting nay. OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR KeyLine Bus Advertisement Improvements: THE BENEFIT OF THE STATE OF IOWA, City Manager recommending approval to pur- CITY OF DUBUQUE, COUNTY OF DUBU- sue bus wrap advertisements on KeyLine bus- QUE, DUBUQUE COMMUNITY SCHOOL es. Motion by Braig to receive and file the doc- DISTRICT, AND OTHER TAXING DIS- uments and approve the recommendation. TRICTS, BE PAID TO A SPECIAL FUND Seconded by Connors. Resnick read opposing FOR PAYMENT OF PRINCIPAL AND IN- comments into the record. Motion carried 5-2 TEREST ON LOANS, MONIES ADVANCED with Resnick and Braig voting nay. TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- Parking Ramp Construction Location: City CURRED BY SAID CITY IN CONNECTION Manager recommending switching the priority WITH THE URBAN RENEWAL PLAN FOR order of the two previously approved down- THE GREATER DOWNTOWN URBAN RE- town ramps and first build the ramp behind NEWAL DISTRICT Fire Headquarters as project funding is availa- ble to build a 7-story ramp with 475 spaces, WHEREAS, the City Council of the City of which is a net gain of 352 vehicles. Motion by Dubuque, Iowa (the "City") has heretofore, in Jones to receive and file the documents and Ordinance No. 30-82, provided for the division approve the recommendation. Seconded by of taxes within the original Downtown Dubuque Lynch. Motion carried 6-1 with Resnick voting Urban Renewal Project, Iowa R-15, described nay. in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code Tax Increment Financing (TIF) Ordinance of Iowa; and for the Greater Downtown Urban Renewal WHEREAS, the original Downtown Dubu- District: City Manager recommending adoption que Urban Renewal Project, Iowa R-15, sub- of an ordinance amending the tax increment sequently was amended by Resolution No. 79- financing district for the Greater Downtown 71 approved on March 15, 1971, by Resolution Urban Renewal District. Motion by Connors to No. 73-74 approved on March 11, 1974, by receive and file the documents and that the Resolution No. 107-82 approved on May 3, requirement that a proposed ordinance be 1982, by Resolution No. 191-84 approved on considered and voted on for passage at two June 25, 1984, by Resolution No. 371-93 ap- Council meetings prior to the meeting at which proved on December 6, 1993, by Resolution it is to be passed be suspended. Seconded by No. 145-94 approved on May 2, 1994, by Res- Braig. Motion carried 7-0. olution No. 479-97 approved on November 17, Motion by Connors for final consideration 1997, by Resolution No. 476-98 approved on and passage of Ordinance No. 58-09 Amend-October 19, 1998 and by Resolution No. 187- ing Ordinance Nos. 60-08, 63-07, 20-07, 35-02 approved on April 1, 2002, which amend- 04, 30-82 and 66-89, as previously amended, ments, among other things, added areas re- Book 139 Regular Session, December 7, 2009 437 ferred to as the Old Main Subarea, Town WHEREAS, the Urban Renewal Plan for Clock Expansion Subarea and Upper Main the Greater Downtown Urban Renewal District Subarea to the area of the Downtown Dubu-was further amended and restated as an que Urban Renewal District; and Amended and Restated Urban Renewal Plan, WHEREAS, consistent with the foregoing pursuant to Resolution No. 597-07 approved amendments, Ordinance No. 30-82 subse-on December 17, 2007, for the purpose of quently was amended by Ordinance Nos. 23-expanding the Greater Downtown Urban Re- 94, 36-94, 67-97, and 26-02 to provide for the newal District to include additional areas de- division of taxes within the several subareas of scribed as the Warehouse Subarea and the the amended Downtown Dubuque Urban Re-South Main Subarea, and newal District; and WHEREAS, consistent with the foregoing WHEREAS, the City Council of the City amendment, Ordinance No. 20-07 was has heretofore, in Ordinance No. 66-89, pro-amended by Ordinance No. 63-07 to provide vided for the division of taxes within the origi-for the division of taxes within the Warehouse nal Ice Harbor Urban Renewal District, de-Subarea and the South Main Subarea of the scribed in Resolution No. 403-89 adopted on Greater Downtown Urban Renewal District; December 18, 1989, pursuant to Section and 403.19 of the Code of Iowa; and WHEREAS, the Urban Renewal Plan for WHEREAS, the original Ice Harbor Urban the Greater Downtown Urban Renewal District Renewal District subsequently was amended was further amended and restated as an by Resolution No. 241-00 approved on June 5, Amended and Restated Urban Renewal Plan, 2000 and by Resolution 114-02 approved on pursuant to Resolution No. 300-08 approved March 4, 2002, which amendments, among on September 2, 2008, for the purpose of ex- other things, added an additional area referred panding the Greater Downtown Urban Renew- to as Subarea B to the area of the Ice Harbor al District to include additional areas described Urban Renewal District; and as the South Port Subarea; and WHEREAS, consistent with the foregoing WHEREAS, consistent with the foregoing amendment, Ordinance No. 66-89 subse-amendment, Ordinance No. 63-07 was quently was amended by Ordinance No. 97-00 amended by Ordinance No. 60-08 to provide to provide for the division of taxes within the for the division of taxes within the South Port two subareas of the amended Ice Harbor Ur-Subarea of the Greater Downtown Urban Re- ban Renewal District; and newal District; and WHEREAS, the original Downtown Dubu-WHEREAS, the Urban Renewal Plan for que Urban Renewal District and the original the Greater Downtown Urban Renewal District Ice Harbor Urban Renewal District and their was further amended and restated as an respective Subareas were combined into a Amended and Restated Urban Renewal Plan, single urban renewal area, under the terms of pursuant to Resolution No. 393-09 approved an Urban Renewal Plan for the Greater Down-on October 5, 2009, for the purpose of ex- town Urban Renewal District, pursuant to Res-panding the Greater Downtown Urban Renew- olution No. 170-04 adopted on April 19, 2004; al District to include additional areas described and as the Cable Car Subarea, and WHEREAS, consistent with foregoing WHEREAS, indebtedness has been in- amendment, Ordinance Nos. 30-82 and 66-89 curred by the City, and additional indebted- were amended by Ordinance No. 35-04 to ness is anticipated to be incurred in the future, provide for the division of taxes within the vari-to finance urban renewal project activities with- ous sub-areas of the Greater Downtown Urban in the combined area known as the Greater Renewal District; and Downtown Urban Renewal District (the WHEREAS, the Urban Renewal Plan for “Greater Downtown Urban Renewal District”), the Greater Downtown Urban Renewal District and the continuing needs of redevelopment was amended and restated as an Amended within the Greater Downtown Urban Renewal and Restated Urban Renewal Plan, pursuant District are such as to require the continued to Resolution No. 108-07 approved on Febru-application of the incremental tax resources of ary 20th, 2007, to provide for, among other the Greater Downtown Urban Renewal District; things, the further expansion of the Greater and Downtown Urban Renewal District to include WHEREAS, the following enactment is ne- additional areas described as the Ice Harbor cessary to accomplish the objectives de- Subarea C; and scribed in the premises. WHEREAS, consistent with the foregoing NOW, THEREFORE, BE IT ORDAINED amendment, Ordinance No.35-04 was BY THE CITY COUNCIL OF THE CITY OF amended by Ordinance No. 20-07 to provide DUBUQUE, IOWA, THAT: for the division of taxes within Ice Harbor Sub-Ordinance No. 60-08 (Ordinance 63-07, area C of the Greater Downtown Urban Re-amending Ordinance No. 20-07, amending newal District; and Ordinance No. 35-04, amending Ordinance 438 Regular Session, December 7, 2009 Book 139 No. 30-82, as amended by Ordinance Nos. 23-Street with the east right-of-way line 94, 36-94, 67-97, and 26-02, and Ordinance of Central Avenue; thence west along No. 66-89, as amended by Ordinance No. 97-the south right-of-way line of Fourth 00) is hereby amended to read as follows: Street to the west right-of-way line of Section 1: For purposes of this Ordinance, Locust Street; thence south along the the following terms shall have the following west right-of-way line of Locust Street meanings: to the north right-of-way line of the (a) Original Town Clock Subarea shall Locust Street Connector; thence east mean that portion of the Amended Project along the north right-of-way line of the Area initially described in the Urban Re-Locust Street Connector to the west newal Plan for the Downtown Dubuque Ur-right-of-way line of Highways 151/61; ban Renewal Project, Iowa R-15, approved thence north along the west right-of- by Resolution No. 123-67 on May 18, line of Highways 151/61 to the point 1967, as amended by the Amended and of beginning. Restated Urban Renewal Plan for the (c) Town Clock Expansion Subarea Greater Downtown Urban Renewal District shall mean that portion of the Amended approved by Resolution No. 108-07 on Project Area initially described in the February 20th, 2007, which Original Town Amended and Restated Urban Renewal Clock Subarea includes the lots and par-Plan for the Downtown Dubuque Urban cels located within the area now legally de-Renewal District approved by Resolution scribed as follows: No. 479-97 on November 17, 1997, which Beginning at the intersection of the Town Clock Expansion Subarea includes north right-of-way line of Ninth Street the lots and parcels located within the area with the east right-of-way line of Cen-legally described as follows: tral Avenue; thence south along the South 1/2 of City Lot 167, City Lot east right-of-way line of Central Ave-168 and City Lot 168A; Lots 1 & 2 of nue to its intersection with the south City Lots 204, 205, 206, 207 and 208, right-of-way line of Fourth Street; N. 23' of City Lot 263, S. 28.5' of City thence west along the south right-of-Lot 263, N. 1/2 of City Lot 262, S. 1/2 way line of Fourth Street to its inter-of City Lot 262, N. 1/2 of City Lot 261, section with the west right-of-way line all in Section 24, Township 89 North, of Locust Street; thence north along Range 2 East, 5th P.M., Dubuque the west right-of-way line of Locust County, Iowa and any adjoining pub- Street to its intersection with the north lic right-of-way. right-of-way line of Ninth Street, but (d) Upper Main Subarea shall mean also including the adjacent City Lots that portion of the Amended Project Area 623 and 624 (Dubuque Museum of initially described in the Amended and Art), the Locust Street Parking Ramp Restated Urban Renewal Plan for the between 8th and 9th Streets and the Downtown Dubuque Urban Renewal Dis- former U.S. Federal Building located trict approved by Resolution No. 187-02 on on City Lots 101, 102, 139, 140, and April 1, 2002, as amended by the the N 54.5’ of City Lots 103 & 138, Amended and Restated Urban Renewal and the vacated alley between said Plan for the Greater Downtown Urban Re- lots; thence east along the north right-newal District approved by Resolution No. of-way line of Ninth Street to its inter-108-07 on February 20th, 2007, which Up- section with the east right-of-way line per Main Subarea includes the lots and of Central Avenue, but also including parcels located within the area legally de- the adjacent Iowa Inn property and scribed as follows: the public parking lot known as Park-On the North by Fourteenth Street, on ing Lot Number 1 located between the West by Locust Street but also in- 9th and 10th Streets east of Iowa cluding adjacent City Lots 660, 659, Street, to the point of beginning. 658A and 658 except the south 1’ of (b) Old Main Subarea shall mean that City Lot 658 (Carnegie-Stout Public portion of the Amended Project Area initial-Library), on the South by the Town ly described in the Amended and Restated Clock Expansion Subarea and on the Urban Renewal Plan for the Downtown East by Central Avenue, including all Dubuque Urban Renewal District approved public rights-of-way. by Resolution No. 145-94 on May 2, 1994, (e) Ice Harbor Subarea A shall mean which Old Main Subarea includes the lots that portion of the Amended Project Area and parcels located within the area legally initially described in the Urban Renewal described as follows: Plan for the Ice Harbor Urban Renewal Beginning at the intersection of the District approved by Resolution No. 403-89 south right-of-way line of Fourth on December 18, 1989, which Ice Harbor Book 139 Regular Session, December 7, 2009 439 Subarea A includes the lots and parcels lo-point of intersection with the center- cated within the area legally described as line of US Highways 151 and 61; follows: thence southwesterly along the cen- that area generally bounded on the terline of US Highways 151 and 61 to north by the public alley located be-a point of intersection with the center- tween the vacated Fourth Street and line of 4th Street extended; thence Third Street, on the west by the Chi-southwesterly along the centerline of cago, Central and Pacific Railroad 4th Street and extension thereof to a right-of-way, on the south by East point of intersection with the center- First Street and on the east by the line of Central Avenue; thence north- municipal limits of the City of Dubu-westerly along the centerline of Cen- que, Iowa and including any adjoining tral Avenue to a point of intersection public right-of-way. with the centerline of 9th Street; (f) Ice Harbor Subarea B shall mean thence southwesterly along the cen- that portion of the Amended Project Area terline of 9th Street to a point of inter- initially described in the Amended and section with the westerly line of City Restated Urban Renewal Plan for the Ice Lot 259 extended southerly; thence Harbor Urban Renewal District approved northwesterly along the westerly line by Resolution No. 241-00 on June 5, 2000, of City Lot 259, and Lots 1 and 2 of which Ice Harbor Subarea B includes the the Subdivision of the South ½ of City lots and parcels located within the area le-Lot 261 and City Lot 260 to the gally described as follows: southwest corner of the N ½ of City that area generally bounded on the Lot 261; thence northeasterly along north and west by the Chicago, Cen-the southerly line of the N ½ of City tral and Pacific Railroad right-of-way, Lot 261 and extension thereof to a on the south by the northerly boun-point of intersection with the center- dary of the Ice Harbor Subarea A and line of Central Avenue; thence north- on the east by the municipal limits of westerly along the centerline of Cen- the City of Dubuque, Iowa (excluding tral Avenue to a point of intersection Lot 1 Adams Co.'s 2nd Addition) and of 11th Street also being point of be- including any adjoining public right-of-ginning; and including any adjoining way. public right-of-way. (g) Ice Harbor Subarea C shall mean a (i) South Main Subarea shall mean a portion of the Amended Project Area add-portion of the Amended Project Area add- ed by the Amended and Restated Urban ed by the Amended and Restated Urban Renewal Plan for the Greater Downtown Renewal Plan for the Greater Downtown Urban Renewal District approved by Reso-Urban Renewal District approved by Reso- lution No. 108-07 on February 20th, 2007, lution No. 597-07 on December 17, 2007, consisting of Lot 1 Adams Co.’s 2nd Addi-which South Main Subarea includes the tion and any adjoining public right-of-way. lots and parcels located within the area le- (h) Warehouse Subarea shall mean a gally described as follows: portion of the Amended Project Area add-Commencing as a point of reference ed by the Amended and Restated Urban at a point of intersection of the center- Renewal Plan for the Greater Downtown line of Locust Street with the Locust Urban Renewal District approved by Reso-Street Connector in the City of Dubu- lution No. 597-07 on December 17, 2007, que, Dubuque County, Iowa, said which Warehouse Subarea includes the point being the point of beginning; lots and parcels located within the area le-thence northeasterly along the cen- gally described as follows: terline of the Locust Street Connector Commencing as a point of reference to a point of intersection with the cen- at the intersection of the centerlines terline of US Highways 52, 61, and of 11th Street and Central Avenue in 151; thence southeasterly along the the City of Dubuque, Dubuque Coun-centerline of US Highways 52, 61, ty, Iowa, said point being the point of and 151 to a point of intersection with beginning; thence northeasterly along the centerline of the eastern section the centerline of 11th Street to a point of Jones Street extended southwes- of intersection with the centerline of terly; thence southwesterly along said White Street; thence northwesterly extension of the centerline of the along the centerline of White Street to eastern section of Jones Street to a a point of intersection with the center-point of intersection with the center- line of 12th Street; thence northeas-line of Main Street; thence northwes- terly along the centerline of 12th terly along the centerline of Main Street and extension thereof to a Street to a point of intersection with 440 Regular Session, December 7, 2009 Book 139 the centerline of Jones Street; thence sion of the southerly line of said Lot 2 northwesterly along the centerline of to the westerly line of Vacated Water Jones Street to a point of intersection Street; Thence southeasterly along with the easterly line of Lot 2D of va-said westerly right of way line to the cated Shields Street extended nor-southerly corner of lot 2 of Block 18 of therly; thence southeasterly along the Dubuque Harbor Company’s Addi- easterly line of Lot 2D of vacated tion; Thence northwesterly along the Shields Street to the southeasterly westerly line of said lot 2 to a point of corner of said Lot 2D; thence south-intersection with the southerly right of westerly along the southerly lines of way line of vacated Charter St; Lot A and Lot 2D of vacated Shields Thence southwesterly along said right Street and Lot 1 of 2 of City Lot 543 of way line and extension thereof the extended westerly to a point of inter-centerline of South Main Street; section with the centerline of Locust Thence northwesterly along said cen- Street; thence northeasterly along the terline to the northerly line of lot 5, centerline of Locust Street to a point Block 13 Dubuque Harbor Company’s of intersection with the centerline of Addition extended northeasterly; the Second Street Connector, also Thence southwesterly along said line being the point of beginning; and in-to the easterly line of lots 7 and 8 of cluding any adjoining public right-of-said Block 13; Thence southeasterly way. along the easterly lines of said lots 7 (j) South Port Subarea shall mean a & 8 and extension thereof to the cen- portion of the Amended Project Area add-terline of Charter Street; Thence ed by the Amended and Restated Urban southwesterly along said centerline to Renewal Plan for the Greater Downtown the centerline of Salina Street; Urban Renewal District approved by Reso-Thence northwesterly along said cen- lution No. 300-08 on September 2, 2008, terline to the northerly line of lot 1 of 3 which South Port Subarea includes the lots of Block C of Industrial Sub. No. 1 ex- and parcels located within the area legally tended northeasterly; Thence south- described as follows: westerly along the northerly lines of Beginning at a point of reference at said lot 1 of 3 and Lot 2 of said Block the northwest corner of lot 2AA of C extended to the westerly right of Cooper Wagon Works Block in the way line of Harrison St.; Thence nor- City of Dubuque, Dubuque County therly along the easterly line of the Iowa, said pint being on the southerly West Part of Lot 1 of 1 of 1 of 1 of right of way line of East First Street; P.J. Seippel Lumber Company Place; Thence southeasterly along the sou-Thence westerly along the southerly therly right of line of East First Street lines of lots 1 of 1 of 2 of 1 and Lot 2 and extension thereof to the munici-of 1 of 2 of 1 and extension thereof to pal limits of the City of Dubuque; the centerline of relocated South Lo- Thence southerly along said munici-cust St; Thence northerly along said pal limits to a point of intersection centerline to the centerline of Dodge with the southern right of way line of St; Thence easterly along said cen- Railroad Ave. extended easterly; terline of Dodge Street to a point of Thence southwesterly along said right intersection with the westerly line of of way line extension there to the Lot E of vacated Shields Street ex- southeast corner of lot A, Block 15 tended southerly; Thence northerly Dubuque Harbor Company’s Addi-along said westerly line to the north- tion; Thence northwesterly along the west corner of said lot E; Thence eas- easterly line of said Lot A to the nor-terly along the north line of said lot E therly right of way line of Railroad and Lot 6 Block 11 of Dubuque Har- Ave., and south line of lot 1 of 5 of bor Company’s Addition and exten- Block 27 Dubuque Harbor Company’s sion thereof to the centerline of Main Addition; Thence northwesterly along Street; Thence southeasterly along the westerly lines of lots 1 of 5, 1 of 4, the centerline of Main St. to the cen- 1 of 3, 1 of 2 and 1 of 1 of said Block terline of Dodge Street; Thence eas- 27 to the south line of lot 4A of said terly along the centerline of Dodge St Block 17; Thence westerly to the eas-to the intersection of Highway 61/151; terly right of way line of vacated Wa-Thence northwesterly along said cen- ter Street; Thence northwesterly terline to a point of intersection with along said easterly line to the south-the southerly right of way line of East westerly corner of lot 2 of said Block First Street; Thence southeasterly 17; Thence westerly along the exten- Book 139 Regular Session, December 7, 2009 441 along said right of way line to the way line of W. Fourth Street; Thence point of beginning. northwesterly along the west line of (k) Cable Car Subarea shall mean a said Lot 1 to the southeast corner of portion of the Amended Project Area add-Lot 34 of Cooper Heights Addition; ed by the Amended and Restated Urban Thence continuing northwesterly Renewal Plan for the Greater Downtown along the easterly line of Lots 34, 35, Urban Renewal District approved by Reso-36 and 37 of Cooper Heights Addition lution No. 393-09 on October 5, 2009, to a point of intersection with the sou- which Cable Car Subarea includes the lots therly right of way line of W. Fifth and parcels located within the area legally Street; Thence northeasterly to a described as follows: point of intersection in the centerline Commencing as a point of reference of W. Fifth Street approximately 270 at the intersection of the centerlines feet southwesterly of the centerline of of Second Street and Locust Street in Bluff Street; Thence northwesterly the City of Dubuque, Dubuque Coun-along the centerline of W. Fifth Street ty, Iowa, said point being the point of to a point of intersection with the sou- beginning; Thence southeasterly therly line of Coriell’s Dubuque also along the centerline of Locust Street being the northerly right of way line of to a point of intersection with the cen-W. Fifth Street; Thence northeasterly terline of First Street; Thence south-along said right of way line of W. Fifth westerly along the centerline of First St. to the southwest corner of Lot 1 of Street to a point of intersection with City Lot 690;Thence northwesterly the centerline of Bluff Street; Thence along the westerly line of said Lot 1 to northwesterly along the centerline of the northwest corner of said Lot Bluff Street to a point of intersection 1;Thence northeasterly along the nor- with the centerline of Emmett Street; therly line of said Lot 1 to the north- Thence southwesterly along the cen-east corner of said Lot 1;Thence sou- terline of Emmett Street to a point of theasterly along the easterly line of intersection with the centerline of St. said Lot 1 to a point of intersection Mary’s Street; Thence northwesterly with the northerly line of the south along the centerline of St. Mary’s 62.5 ft. of the north 64 ft. of City lot Street and to a point of intersection 617;Thence northeasterly along said with the northerly line of Cathedral northerly line and extension thereof to Center extended southwesterly; a point of intersection with the center- Thence northeasterly along the nor-line of Bluff Street; Thence southeas- therly line of Cathedral Center to a terly along the centerline of Bluff point of intersection with the westerly Street to a point of intersection with right of way line of Bluff Street; the northerly line of the south 10 ft. of Thence northwesterly along said wes-City Lot 138 extended southwesterly; terly right of way line of Bluff Street Thence northeasterly along said nor- and extension thereof to a point of in-therly line and northerly line of the tersection with the centerline of Third south 10 ft. of the south 34.6 ft. of Street; Thence southwesterly along City Lot 103 and extension thereof to the centerline of Third Street to a a point of intersection with the center- point of intersection with the westerly line of Locust Street; Thence sou- line of Lot 1 of the East 78 ft. of the theasterly along the centerline of Lo- South 100 ft. of Lot 4 of City Lot 692 cust Street to a point of intersection extended southerly; Thence north-with the centerline of Second Street, westerly along said westerly line to a said point being the point of begin- point of intersection with the southerly ning. line of Fenelon Point Subdivision; (l) Amended Project Area shall mean Thence northeasterly along said sou-the areas of the City of Dubuque, Iowa in- therly line to a point of intersection cluded within the Original Town Clock with the westerly line of Lot 2 of 2 of Subarea, the Old Main Subarea, the Town City Lot 692;Thence northwesterly Clock Expansion Subarea, the Ice Harbor along said westerly line and westerly Subarea A, the Ice Harbor Subarea B, the line of Lot 1 of 2 of City Lot 692 to a Ice Harbor Subarea C, the Warehouse point of intersection with the southerly Subarea, the South Main Subarea, the right of way line of W. Fourth Street; South Port Subarea, and the Cable Car Thence northeasterly across W. Subarea, each as described in this Sec- Fourth Street to the southwest corner tion. of Lot 1 of Evan’s Place, said point (m) Urban Renewal Plan shall mean also being on the northerly right of the Amended and Restated Urban Renew- 442 Regular Session, December 7, 2009 Book 139 al Plan for the Greater Downtown Urban on the assessment roll as of January 1, 1999, Renewal District, approved by Resolution being the assessment roll as of January 1 of No. 393-09 on October 5, 2009, as the the calendar year preceding the effective date same may be amended from time to time. of Ordinance No. 97-00. Section 2: The taxes levied on the taxable As to the Ice Harbor Subarea C, base pe- property in the Amended Project Area, legally riod taxes shall be computed in the same described in Section 1 hereof, by and for the manner using the total assessed value shown benefit of the State of Iowa, City of Dubuque, on the assessment roll as of January 1, 2006, County of Dubuque, Dubuque Community being the assessment roll as of January 1 of School District, and all other taxing districts the calendar year preceding the effective date from and after the effective date of this Ordin-of Ordinance No. 20-07. ance shall be divided as hereinafter in this As to the Warehouse Subarea, base period Ordinance provided. taxes shall be computed in the same manner Section 3: As to the Original Town Clock using the total assessed value shown on the Subarea, that portion of the taxes which would assessment roll as of January 1, 2006, being be produced by the rate at which the tax is the first day of the calendar year preceding the levied each year by or for each of the taxing effective date of Ordinance No. 63-07. districts taxing property in the Original Town As to the South Main Subarea, base period Clock Subarea upon the total sum of the as-taxes shall be computed in the same manner sessed value of the taxable property in the using the total assessed value shown on the Original Town Clock Subarea as shown on the assessment roll as of January 1, 2006, being assessment roll as of January 1, 1966, being the first day of the calendar year preceding the the assessment roll last equalized prior to the effective date of Ordinance No. 63-07. date of the initial adoption of the Urban Re-As to the South Port Subarea, base period newal Plan for the Downtown Dubuque Urban taxes shall be computed in the same manner Renewal Project, Iowa R-15, shall be allocated using the total assessed value shown on the to and when collected be paid into the fund for assessment roll as of January 1, 2007, being the respective taxing district as taxes by or for the first day of the calendar year preceding the said taxing district into which all other property effective date of Ordinance No. 60-08. taxes are paid. The taxes so determined shall As to the Cable Car Subarea, base period be referred herein as the "base period taxes" taxes shall be computed in the same manner for such subarea. using the total assessed value shown on the As to the Old Main Subarea, base period assessment roll as of January 1, 2008, being taxes shall be computed in the same manner the first day of the calendar year preceding the using the total assessed value shown on the effective date of this Ordinance. assessment roll as of January 1, 1993, being Section 4: That portion of the taxes each the assessment roll as of January 1 of the ca-year in excess of the base period taxes for the lendar year preceding the effective date of Amended Project Area, determined for each Ordinance No. 23-94. subarea thereof as provided in Section 3 of As to the Town Clock Expansion Subarea, this Ordinance, shall be allocated to and when base period taxes shall be computed in the collected be paid into the special tax increment same manner using the total assessed value fund previously established by the City of Du- shown on the assessment roll as of January 1, buque to pay the principal of and interest on 1996, being the assessment roll as of January loans, monies advanced to, or indebtedness, 1 of the calendar year preceding the effective whether funded, refunded, assumed or other- date of Ordinance No. 67-97. wise, including bonds issued under authority of As to the Upper Main Subarea, base pe-Section 403.9 or Section 403.12 of the Code of riod taxes shall be computed in the same Iowa, incurred by the City of Dubuque, Iowa to manner using the total assessed value shown finance or refinance, in whole or in part, urban on the assessment roll as of January 1, 2001, renewal projects undertaken within the being the assessment roll as of January 1 of Amended Project Area pursuant to the Urban the calendar year preceding the effective date Renewal Plan, except that taxes for the regular of Ordinance No. 26-02. and voter-approved physical plant and equip- As to the Ice Harbor Subarea A, base pe-ment levy of a school district imposed pursuant riod taxes shall be computed in the same to Section 298.2 of the Code of Iowa (but only manner using the total assessed value shown to the extent required under Section 403.19(2)) on the assessment roll as of January 1, 1988, and taxes for the payment of bonds and inter- being the assessment roll as of January 1 of est of each taxing district shall be collected the calendar year preceding the effective date against all taxable property within the of Ordinance No. 66-89. Amended Project Area without any limitation As to the Ice Harbor Subarea B, base pe-as hereinabove provided. riod taxes shall be computed in the same Section 5: Unless or until the total as- manner using the total assessed value shown sessed valuation of the taxable property in the Book 139 Regular Session, December 7, 2009 443 subareas of the Amended Project Area ex-tions presented and securing a price on a fea- ceeds the total assessed value of the taxable sibility study. Seconded by Connors. Cable TV property in said subareas shown by the as-Coordinator Craig Nowack provided a slide sessment rolls referred to in Section 3 of this presentation on the significant provisions of Ordinance, all of the taxes levied and collected the City’s franchise agreement with Mediacom upon the taxable property in the Amended and the State’s certificate of franchise authority Project Area shall be paid into the funds for the and outlined recommended options. Option #1 respective taxing districts as taxes by or for the Enforceable Community Partnership Agree- taxing districts in the same manner as all other ment with Mediacom; Option #2 Amend State property taxes. Law; Option #3 Litigation; and Option #4 Com- Section 6: At such time as the loans, mo-bine Options #1 & #3. Nowack recommended nies advanced, bonds and interest thereon commissioning another feasibility study re- and indebtedness of the City of Dubuque re-garding the formation of a municipal telecom- ferred to in Section 4 hereof have been paid, munications utility. Assistant City Attorney Tim all monies thereafter received from taxes upon O’Brien stated that an amendment to the state the taxable property in the Amended Project law probably could not be made retroactive but Area shall be paid into the funds for the re-a legislative provision could sunset state fran- spective taxing districts in the same manner as chise agreements with new and incumbent taxes on all other property. providers should competitive providers not Section 7: All ordinances or parts of ordin-develop. Nowack added that recommenda- ances in conflict with the provisions of this tions will be presented to City Council. Motion Ordinance are hereby repealed. The provi-carried 7-0. sions of this Ordinance are intended and shall be construed so as to continue the division of Fines for Speed Restrictions Ordinance: taxes from property within the Amended City Manager recommending approval of an Project Area under the provisions of Section amendment to the Code of Ordinances that 403.19 of the Code of Iowa, as authorized in adopts a change in the fine amount for exces- Ordinance Nos. 60-08, 63-07, 20-07, 35-04, sively speeding in zones greater than 55 miles 30-82 and 66-89, as amended by Ordinance per hour to be consistent with the Iowa Code. Nos. 23-94, 36-94, 67-97, 26-02 and 97-00, Motion by Connors to receive and file the docu- and to fully implement the division of taxes in ments and that the requirement that a proposed the Cable Car Subarea. In the event that any ordinance be considered and voted on for pas- provision of this Ordinance shall be deter-sage at two Council meetings prior to the meeting mined to be contrary to law it shall not affect at which it is to be passed be suspended. other provisions or application of this Ordin-Seconded by Lynch. Motion carried 7-0. ance which shall at all times be construed to Motion by Connors for final consideration fully invoke the provisions of Section 403.19 of and passage of Ordinance No. 59-09 Amend- the Code of Iowa with reference to the ing the City of Dubuque Code of Ordinances Amended Project Area and the territory con-Title 9 Motor Vehicles and Traffic, Chapter 7 tained therein. Operation, Section 9-7-321.285 Limits Generally, Section 8: This Ordinance shall be in effect establishing the fine for each mile in excess of 20 after its final passage, approval and publica-miles per hour over the speed limit in zones great- tion as provided by law. er than 55 miles per hour. Seconded by Braig. th Passed and approved this 7 day of Voetberg asked for a review of the speed limit on December, 2009. University Avenue from Bluff Street to Delhi Street. /s/Roy D. Buol, Mayor Motion carried 7-0. Attest: OFFICIAL PUBLICATION /s/Jeanne F. Schneider, CMC, City Clerk ORDINANCE NO. 59-09 Read first time: December 7, 2009 AMENDING CITY OF DUBUQUE CODE OF Read second time: December 7, 2009 ORDINANCES TITLE 9 MOTOR VEHICLES Read third time: December 7, 2009 AND TRAFFIC, CHAPTER 7 OPERATION, Passed and approved: December 7, 2009 SECTION 9-7-321.285 LIMITS GENERALLY, Published: December 11, 2009 ESTABLISHING THE FINE FOR EACH MILE Published officially in the Telegraph Herald th IN EXCESS OF 20 MILES PER HOUR OVER Newspaper the 11 day of December, 2009. THE SPEED LIMIT IN ZONES GREATER /s/Jeanne F. Schneider, CMC, City Clerk THAN 55 MILES PER HOUR Response to Possible Termination of the NOW, THEREFORE, BE IT ORDAINED Municipal Cable Franchise: City Manager re-BY THE CITY COUNCIL OF THE CITY OF questing City Council direction regarding Me-DUBUQUE, IOWA: diacom’s possible termination of the Municipal Section 1. Section 9-7-321.285 of the City Cable Franchise. Motion by Jones to receive of Dubuque Code of Ordinances is amended and file and pursue a combination of all op-to read as follows: 444 Special Session, December 10, 2009 Book 139 CITY OF DUBUQUE, IOWA 9-7-321.285. Limits Generally. D. Scheduled fines are established CITY COUNCIL pursuant to Iowa Code Section 805.6(6). OFFICIAL . . . . PROCEEDINGS Excessive speed in zones greater than 55 miles per hour: 1 through 5 miles per hour over. The Dubuque City Council met in special 6 through 10 miles per hour over. session at 5 p.m. on December 10, 2009 in 11 through 15 miles per hour over. Conference Room B at City Hall. 16 through 20 miles per hour over. Over 20 miles per hour over (plus $5.00 for Present: Mayor Buol, Council Members each mile in excess of 20 miles per hour over Braig, Connors, Jones, Lynch, Voetberg, As- limit). sistant City Manager Steinhauser, City Attor- Section 2. This Ordinance shall take effect ney Lindahl upon publication. th Passed, approved and adopted the 7 day Absent: Council Member Resnick of December, 2009. /s/Roy D. Buol, Mayor Mayor Buol read the call and stated this is Attest: a special session of the City Council to act /s/Jeanne F. Schneider, CMC, City Clerk upon such business that may properly come Published officially in the Telegraph Herald before the City Council. th Newspaper the 11 day of December, 2009. /s/Jeanne F. Schneider, CMC, City Clerk ACTION ITEMS COUNCIL MEMBER REPORTS Award of Contract – North Fork Catfish Creek Stormwater and Sanitary Sewer Im- Mayor Buol expressed the City Council’s provements Project – Phase III: City Manager gratitude to Police Lieutenant Scott Baxter and recommending award of the North Fork Catfish the first responders with regard to the recent Creek Stormwater and Sanitary Sewer Im- armed robbery at Knicker’s Bar. provements Project – Phase III to Portzen Construction, Inc., in the amount of CLOSED SESSION $1,587,080.25. Motion by Connors to receive and file the documents and adopt Resolution Motion by Jones at to go into closed ses- No. 463-09 Awarding public improvement con- sion at 9:03 p.m. regarding pending litigation tract for the North Fork Catfish Creek Storm- and property acquisition pursuant to Chapter water and Sanitary Sewer Improvements 21.5(1)(c)(j) of the Code of Iowa. Project – Phase III. Seconded by Jones. Mo- Upon motion the City Council reconvened tion carried 6-0. in regular session at 9:31 p.m. stating that staff had been given proper direction. RESOLUTION NO. 463-09 AWARDING PUBLIC IMPROVEMENT CON- There being no further business, upon mo- TRACT FOR THE NORTH FORK CATFISH tion the City Council adjourned at 9:32 p.m. CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – /s/Jeanne F. Schneider, CMC PHASE III City Clerk Whereas, sealed proposals have been submitted by contractors for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III (the Project) pursuant to Resolution No. 443-09 and Notice to Bidders published in a newspaper published th in the City of Dubuque, Iowa on the 20 day of November, 2009. Whereas, said sealed proposals were th opened and read on the 8 day of December, 2009, and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $1,587,080.25, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Book 139 Special Session December 10, 2009 445 th Contract for the Project is hereby awarded to Passed, approved and adopted this 10 Portzen Construction, Inc. and the City Man-day of December, 2009. ager is hereby directed to execute a Public Roy D Buol, Mayor Improvement Contract on behalf of the City of Attest: Jeanne Schneider, CMC, City Clerk Dubuque for the Project. th Passed, approved and adopted this 10 There being no further business, upon mo- day of December, 2009. tion the City Council adjourned at 5:02 p.m. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC City Clerk Purchase of Property – 1777 Washington Street: City Manager recommending approval of the purchase of a rowhouse apartment unit located at 1777 Washington Street. Motion by Lynch to receive and file the documents and adopt Resolution No. 464-09 Approving the acquisition of real estate located at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 464-09 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1777 WASHINGTON STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque intends to acquire certain properties located in the Wash- ington Neighborhood for the purpose of their rehabilitation and resale; and WHEREAS, such acquisitions are intended to result in increased owner-occupancies, im- proved properties and increased real estate values. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly-described property: Lot Two (2) of Lot Two (2) of the East One- half (E ½) of Lot Ninety (90) and Lot One (1) of Lot One (1) of the East One-half (E ½) of Lot Ninety-one (91) in East Dubuque Addition, in the City of Dubuque, County of Dubuque, Iowa, according to the Records of Dubuque County, Iowa; together with and subject to all rights and easements of record at the cost of Thirty-seven thousand dollars ($37 000.) Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the Of- fice of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. 446 Special & Regular Sessions, December 21, 2009 Book 139 CITY OF DUBUQUE, IOWA CITY OF DUBUQUE, IOWA CITY COUNCIL CITY COUNCIL OFFICIAL OFFICIAL PROCEEDINGS PROCEEDINGS The Dubuque City Council met in special The Dubuque City Council met in regular session at 5:30 p.m. on December 21, 2009 in session at 6:30 p.m. on December 21, 2009 in Conference Room A at City Hall. the Historic Federal Building. Present: Mayor Buol, Council Members Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet-Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen berg, City Manager Van Milligen; City Attorney Lindahl Absent: City Attorney Lindahl Mayor Buol read the call and stated this is Mayor Buol read the call and stated this is a regular session of the City Council to act a special session of the City Council to tour the upon such business that may properly come Traffic Control Center. before the City Council. TOUR OF TRAFFIC CONTROL CENTER Pledge of Allegiance The City Council proceeded to the Traffic Invocation was provided by Mayor Roy D. Control Center on the third floor of City Hall Buol. where City Engineer Gus Psihoyos and Civil CONSENT ITEMS Engineer Dave Ness described and demon- strated the City’s traffic control equipment and capabilities. Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose There being no further business, upon mo-of as indicated. Seconded by Connors. Jones tion the City Council adjourned at 6:10 p.m. requested (#22) Liquor and Tobacco License Applications be held for separate discussion. /s/Kevin S. Firnstahl Motion carried 7-0. Assistant City Clerk Minutes and Reports Submitted: City Council of 12/7 and 12/10; Civil Service Com- mission of 10/14, 11/6 and 12/11; Electrical Code Board of 11/23; Library Board of Trus- tees of 9/24 and 10/22; Transit Board of 12/14; Zoning Advisory Commission of 12/2 Proofs of publication of City Council Pro- ceedings of November 16 and December 1, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: City Attorney advis- ing that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: George Clark for property damage; John Corbett for vehicle damage. Upon motion the documents were received, filed and concurred. Professional Services for the Urban Forest Evaluation: City Manager recommending ap- proval of the issuance of a Request for Pro- posals for the Urban Forest Evaluation. Upon motion the documents were received, filed, and approved. Book 139 Regular Session, December 21, 2009 447 Port of Dubuque Usage Policies: City Whereas, Council has determined to pro- Manager recommending approval of two revi-ceed with the construction of a new public sions to the Usage Policies for the Alliant parking ramp at 10th and Central Avenue, Energy Amphitheater, Mississippi Riverwalk rather than at 5th and Bluff Streets, as original- and American Trust River’s Edge Plaza. Upon ly anticipated when the Series 2009B Bonds motion the documents were received, filed, were issued, but still within the Greater Down- and approved. town Urban Renewal District of the City, and to abandon the proposal to construct said facility Westbrook Park: City Manager recom-at 5th and Bluff Streets; and mending approval of a lease agreement with Whereas, in light of the decision to build Callahan Construction for development of a the public parking ramp at 10th and Central temporary Westbrook Park. Upon motion the Avenue rather than at 5th and Bluff Streets, as documents were received, filed, and approved. originally anticipated, it is now considered ne- cessary and appropriate to re-direct the use Administrative Services Agreement with the proceeds of the Series 2009B Bonds for Express Scripts: City Manager recommending such purpose. approval of the Administrative Services NOW, THEREFORE, BE IT RESOLVED Agreement with Express Scripts for the City’s BY THE CITY COUNCIL OF THE CITY OF Prescription Drug Program. Upon motion the DUBUQUE, AS FOLLOWS: documents were received, filed, and approved. 1. The remaining proceeds of the Series 2009B Bonds issued for the purpose of con- 2009 Annual Tax Increment Financing structing a multi-story public parking ramp lo- (TIF) Report: City Manager transmitting the cated at 5th and Bluff Streets, in the amount of 2009 Annual Tax Increment Financing (TIF) $9,069,073.84, be and the same hereby are Report. Upon motion the documents were re-re-allocated to pay the costs of construction of ceived and filed. the new public parking ramp to be located at 10th and Central Avenue. Dubuque Human Rights Commission An-2. The Finance Director is authorized and nual Report: City Manager transmitting the directed to take such action as may be neces- 2009 Dubuque Human Rights Commission sary to effect and implement the foregoing Annual Report. Upon motion the documents reallocation of the Series 2009B Bond were received and filed. proceeds, and to cause the records and ac- counts of the City to reflect the same. st General Obligation Urban Renewal Bond Passed, approved and adopted this 21 Proceeds – New Parking Ramp: City Manager day of December, 2009. recommending approval to reassign the re-Roy D. Buol, Mayor maining General Obligation Urban Renewal Attest: Jeanne F. Schneider, CMC, City Clerk Bond proceeds for the ramp construction at th 10 Street and Central Avenue. Upon motion Sewer Revenue Capital Loan Notes, Se- the documents were received and filed and ries 2010A: City Manager recommending ap- Resolution No. 465-09 Re-allocating funds proval of the suggested proceedings to com- was adopted. plete action required on the Sewer Revenue Capital Loan Notes from the Iowa Water Pollu- RESOLUTION NO. 465-09 tion Control Works Financing Program under RE-ALLOCATING FUNDS the State of Iowa Revolving Fund Loan (SRF) Whereas, the City has recently issued its program. Upon motion the documents were $11,175,000 General Obligation Urban Re-received and filed and Resolution No. 466-09 newal Bonds, Series 2009B (Taxable Build Authorizing and providing for the issuance and America Bonds) for the purposes of paying securing the payment of $1,141,000 Sewer costs of aiding in the planning, undertaking Revenue Capital Loan Notes, Series 2010A by and carrying out of urban renewal project ac-the City of Dubuque, Iowa under the provisions tivities under the authority of Chapter 403 of of Chapter 384 of the Code of Iowa, providing the Code of Iowa and the Amended and Res-for a method of payment thereof, approving tated Urban Renewal Plans for the Greater Loan and Disbursement Agreements, and oth- Downtown Urban Renewal District and the er related matters was adopted. Dubuque Industrial Center West Economic RESOLUTION NO. 466-09 Development District, including those costs SERIES RESOLUTION AUTHORIZING AND associated with the construction of a multi- PROVIDING FOR THE ISSUANCE AND SE- story public parking ramp located at 5th and CURING THE PAYMENT OF $1,141,000 Bluff Streets ($9,310,000), and the construc- SEWER REVENUE CAPITAL LOAN NOTES, tion of street, sewer, sidewalk, trail and other SERIES 2010A BY THE CITY OF DUBUQUE, public infrastructure improvements within Du- IOWA UNDER THE PROVISIONS OF CHAP- buque Industrial Center West; and 448 Regular Session, December 21, 2009 Book 139 TER 384 OF THE CODE OF IOWA, PROVID- this Series Resolution as such defined words ING FOR A METHOD OF PAYMENT THE- and terms are given in Article I of the Master REOF, APPROVING LOAN AND DISBUR- Resolution. In addition, the following terms SEMENT AGREEMENTS, AND OTHER RE- shall have the following meanings in this Se- LATED MATTERS ries Resolution unless the text expressly or by WHEREAS, the City Council of the City of necessary implication requires otherwise: Dubuque, Iowa (the "City") has heretofore es-"Additional Bonds" shall mean any tablished charges, rates and rentals for servic-sewer revenue bonds or notes or other ob- es which are and will continue to be collected ligations issued on a parity with the Notes as system revenues of the Municipal Sanitary in accordance with the provisions of Sec- Sewer System, and said revenues have not tion 23 hereof. Provided, however, Addi- been pledged and are available for the pay-tional Bonds which are SRF Obligations ment of sewer revenue bonds or notes, subject shall not be secured by the Reserve Fund to the following premises; and and shall not be subject to the Reserve WHEREAS, by Resolution No. 437-08 Fund Requirement. passed and approved on December 15, 2008 "Agreements" shall mean Loan and (the "Master Resolution"), the City Council Disbursement Agreements dated as of the heretofore has authorized the issuance of Closing between the City and the Original $2,000,000 Sewer Revenue Capital Loan Purchaser relating to the Loan made to the Notes, Series 2009A, for the purpose of fi-City under the Program. nancing the construction of the Series 2009A "City" or "Issuer" shall mean the City of Project described therein, and to pay related Dubuque, Iowa. costs of issuance; and "Closing" shall mean the date of execu- WHEREAS, pursuant to the American Re-tion of the Agreements and delivery of the covery and Reinvestment Act of 2009 ("AR-Series 2010A Bonds to the Original Pur- RA"), and in accordance with the terms of the chaser and the funding of the Loan by the Forgivable Loan and Disbursement Agree-Trustee. ment, the Iowa Finance Authority has authority "Loan" shall mean the total principal to make and desires to make a forgivable loan amount allocated by the Original Purchaser to the City in the amount of $229,000, from to the City under the Program, equal in funds available to the Iowa Finance Authority amount to the aggregate principal amount under the ARRA, for the purpose of assisting of the Series 2010A Bonds. in financing a portion of the Project (defined "Master Resolution" means the City herein); and Council Resolution No. 437-08, passed WHEREAS, the notice of intention of the and approved on December 15, 2008, en- City Council to take action for the issuance of titled "Master Resolution relating to the is- not to exceed $1,141,000 Sewer Revenue suance of Sewer Revenue Bonds by the Capital Loan Notes has heretofore been duly City of Dubuque, Iowa under the provisions published and no objections to such proposed of Chapter 384 of the Code of Iowa, autho- action have been filed; and rizing and providing for the issuance and WHEREAS, Section 8.3 of the Master securing the payment of $2,000,000 Sewer Resolution authorizes the issuance of addi-Revenue Capital Loan Notes, Series tional Senior Bonds, including Senior SRF 2009A, providing for a method of payment Bonds, by the City from time to time, if all of thereof, and related matters," as the same the conditions set forth therein are satisfied; may be amended from time to time. and "Original Purchaser" means the Iowa WHEREAS, the Council has determined to Finance Authority, as the purchaser of the issue additional Senior SRF Bonds, and has Series 2010A Bonds from the City at the determined that, upon passage of this Series time of their original issuance. Resolution all of the requirements of Article "Program" shall mean the Iowa Water VIII of the Master Resolution with respect to Pollution Control Works Financing Program the issuance of additional Senior SRF Bonds administered by the Original Purchaser. will have been satisfied. "Series 2010A Bonds" means the NOW, THEREFORE, BE IT RESOLVED $1,141,000 Sewer Revenue Capital Loan BY THE CITY COUNCIL OF THE CITY OF Notes, Series 2010A, dated the date of de- DUBUQUE, IN THE COUNTY OF DUBUQUE, livery, authorized to be issued pursuant to STATE OF IOWA:this Series Resolution. ARTICLE I "Series 2010A Costs of Issuance Ac- DEFINITIONS count" means the account by that name Section 1.1. Definitions. Except as other-within the Project Fund established in Sec- wise provided below in this Article I, all words tion 5.1 of the Master Resolution. and terms defined in Article I of the Master "Series 2010A Projects" shall mean the Resolution shall have the same meanings in Projects being financed with the proceeds Book 139 Regular Session, December 21, 2009 449 of the Series 2010A Bonds, consisting of Mayor and attested by the manual or facsimile the construction of the North Fork Catfish signature of the City Clerk of the Council, and Creek Stormwater and Sanitary Sewer Im-shall be fully registered as to both principal provements, Phase I Sanitary Sewer and interest as provided in this Series Resolu- Project, as described generally in the tion; principal, interest and premium, if any Agreements and more particularly in the shall be payable at the office of the Paying plans and specifications on file from time to Agent by mailing of a check, wire transfer or time with the City Clerk. automated clearing house system transfer to "Series 2010A Projects Account" the registered owner of the Bond. The Series means the account by that name within the 2010A Bonds may be in the denomination of Project Fund established in Section 5.1 of $1,000 or multiples thereof and shall at the the Master Resolution. request of the Original Purchaser be initially "Series 2010A Rebate Account" means issued in the respective denominations of the account by that name within the Re-$912,000 numbered R-1 and $229,000 num- bate Fund established in Section 6.10 of bered R-2. the Master Resolution. Sewer Revenue Capital Loan Notes, Se- "Series Resolution" means this Resolu-ries 2010A, of the Issuer in the amount of tion of the Council. $1,141,000, shall be issued to evidence the "Tax Exemption Certificate" means the obligations of the Issuer under the Agreements Tax Exemption Certificate executed by the pursuant to the provisions of Sections 384.24A Treasurer and delivered at the time of is-and 384.82 of the Code of Iowa for the afore- suance and delivery of the Series 2010A said purpose. The Series 2010A Bonds shall Bonds. be designated "SEWER REVENUE CAPITAL "Trustee" shall mean Wells Fargo LOAN NOTE, SERIES 2010A", be dated the Bank, National Association, with its prin-date of delivery, and bear interest at the rate of cipal office located in the City of Des 3.0% per annum from the date of each ad- Moines, Iowa, and its successors and any vancement made under the Agreements, until corporation resulting from or surviving any payment thereof, at the office of the Paying consolidation or merger to which it or its Agent, said interest payable on June 1, 2010, successors may be a party and any suc-and semi-annually thereafter on the 1st day of cessor trustee under the Program. June and December in each year until maturity ARTICLE II as set forth on the Debt Service Schedules THE SERIES 2010A BONDS attached to the Agreements as Exhibit A and Section 2.1. Series 2010A Bonds - Autho-incorporated herein by this reference. As set rization and Purpose. Pursuant to the provi-forth on said Debt Service Schedules, principal sions of the Master Resolution and in particu-shall be payable on June 1, 2011 and annually lar Section 8.3 thereof, there are hereby autho-thereafter on the 1st day of June in the rized to be issued, negotiable, serial, fully reg-amounts set forth therein until principal and istered Sewer Revenue Capital Loan Notes, interest are fully paid, except that the final in- Series 2010A, in the aggregate principal stallment of the entire balance of principal and amount of $1,141,000, dated the date of deli-interest, if not sooner paid, shall become due very, for the purpose of constructing the Series and payable on June 1, 2030. Notwithstanding 2010A Projects and paying Project Costs relat-the foregoing or any other provision hereof, ing thereto, and to pay related Costs of Is-principal and interest shall be payable as suance. The Series 2010A Bonds shall be shown on said Debt Service Schedules until issued as Senior SRF Bonds under the terms completion of the Project, at which time the of the Master Resolution, shall be designated final Debt Service Schedules shall be deter- "CITY OF DUBUQUE, IOWA, SEWER REVE-mined by the Trustee based upon actual ad- NUE CAPITAL LOAN NOTES, SERIES vancements, final costs and completion of the 2010A", for the purpose of paying costs of the Project, all as provided in the administrative Project. The Council, pursuant to Sections rules governing the Program. Payment of prin- 384.24A and 384.82 of the Code of Iowa, he-cipal and interest on the Notes shall at all reby finds and determines that it is necessary times conform to said Debt Service Schedules and advisable to issue said Notes authorized and the rules of the Program. by the Agreements and this Resolution. In addition to the payment of principal of The Series 2010A Bonds and the Regi-and interest on the Series 2010A Bonds, the strar’s Certificate of Authentication shall be in City also agrees to pay the Initiation Fee and substantially the form set forth in Exhibit A the Servicing Fee as defined and in accor- attached hereto, with such variations, omis-dance with the terms of the Agreements. sions, substitutions and insertions as are re-Section 2.2. Issuance of Series 2010A quired or permitted by this Series Resolution. Bonds in Certificated Form. The Series 2010A The Series 2010A Bonds shall be executed Bonds shall be issued as Bonds in Authorized by the manual or facsimile signature of the Denominations and may at the request of the 450 Regular Session, December 21, 2009 Book 139 Original Purchaser be issued as two single the Series 2010A Bonds). The terms of re- Series 2010A Bonds in the full authorized demption shall be par, plus accrued interest to amount thereof, and shall be registered in the date of call. The Series 2010A Bonds are also name of the Original Purchaser. subject to mandatory redemption as set forth Section 2.3. Appointment of Registrar. The in Section 5 of the Agreements. ARTICLE IV Treasurer is hereby appointed as Registrar for DELIVERY AND APPLICATION OF the Series 2010A Bonds under the terms of PROCEEDS this Series Resolution. Section 2.4. Execution, Authentication and Section 4.1. Application of Series 2010A Delivery of the Series 2010A Bonds. Upon the Bond Proceeds. The Series 2010A Bonds adoption of this Resolution, the Mayor and City shall be delivered as provided in Sections 6.1 Clerk shall execute and deliver the Series and 6.2 and the proceeds thereof shall be ap- 2010A Bonds to the Registrar, who shall au-plied as follows: thenticate the same and deliver the same to or (i) An amount sufficient to pay the upon order of the Original Purchaser. No such Costs of Issuance of the Series Series 2010A Bond shall be valid or obligatory 2010A Bonds shall be deposited for any purpose or shall be entitled to any right into the Series 2010A Costs of or benefit hereunder unless the Registrar shall Issuance Account. duly endorse and execute on such Series (ii) The balance of proceeds shall be 2010A Bond a Certificate of Authentication deposited into the Series 2010A substantially in the form of the Certificate here-Projects Account of the Project in set forth. Such Certificate upon any such Fund and applied thereafter to Series 2010A Bond executed on behalf of the pay Project Costs of the Series Issuer shall be conclusive evidence that the 2010A Projects. Series 2010A Bond so authenticated has been Section 4.2. No Adjustment to Debt Ser- duly issued under this Series Resolution and vice Reserve Requirement. The Series 2010A that the holder thereof is entitled to the bene-Bonds shall be issued as Senior SRF Bonds fits of this Series Resolution. under the Master Resolution, and shall not be Section 2.5. Forgivable Loan. Notwith-secured by or payable from amounts held in standing anything in this Series Resolution to the Debt Service Reserve Fund established in the contrary, with regard to Note R-2, provided the Master Resolution. Upon issuance of the that the Issuer proceeds with diligence to Series 2010A Bonds, the amount to be accu- completion of the Project and complies with all mulated and maintained in the Debt Service applicable ARRA requirements as fully set Reserve Fund shall not be increased, but shall forth in section 14 of the Forgivable Loan and continue to remain equal to 100% of the Debt Disbursement Agreement (the "Forgivable Service Reserve Requirement computed on a Loan"), (i) no payments of interest, principal, basis which includes all Senior Bonds which Servicing Fee or Initiation Fee shall be due will be Outstanding immediately after issuance under the Forgivable Loan during construction of the Series 2010A Bonds and which are not of the Project and (ii) following completion of Senior SRF Bonds. ARTICLE V the Project and receipt by the Iowa Finance TAX PROVISIONS Authority of a certificate of completion from the Issuer, the Forgivable Loan shall be forgiven, Section 5.1. Disposition of Bond Proceeds; in full, by the Iowa Finance Authority, and no Arbitrage Not Permitted. The City reasonably payments of principal or interest shall be due expects and covenants that no use will be under the Forgivable Loan and Disbursement made of the proceeds from the issuance and Agreements. sale of the Series 2010A Bonds issued he- ARTICLE III reunder which will cause any of the Series REDEMPTION OF BONDS 2010A Bonds to be classified as arbitrage Section 3.1. Optional Redemption. The Se-bonds within the meaning of Section 148(a) ries 2010A Bonds are subject to optional re-and (b) of the Code, and that throughout the demption at a price of par plus accrued inter-term of said Series 2010A Bonds it will comply est (i) on any date upon receipt of written con-with the requirements of said statute and regu- sent of the Original Purchaser or (ii) in the lations issued there under. event that all or substantially all of the Series To the best knowledge and belief of the 2010A Projects are damaged or destroyed. City, there are no facts or circumstances that Any optional redemption of the Series 2010A would materially change the foregoing state- Bonds may be made from any funds regard-ments or the conclusion that it is not expected less of source, in whole or from time to time in that the proceeds of the Series 2010A Bonds part, in inverse order of maturity, by giving not will be used in a manner that would cause less than thirty (30) days notice of redemption such Bonds to be arbitrage bonds. Without by certified or registered mail to the Original limiting the generality of the foregoing, the City Purchaser (or any other registered owner of hereby agrees to comply with the provisions of Book 139 Regular Session, December 21, 2009 451 the Tax Exemption Certificate and the provi-2010A Bonds; (e) file such forms, statements sions of the Tax Exemption Certificate are and supporting documents as may be required hereby incorporated by reference as part of and in a timely manner; and (f) if deemed ne- this Series Resolution. The Treasurer is here-cessary or advisable by its officers, to employ by directed to make and insert all calculations and pay fiscal agents, financial advisors, attor- and determinations necessary to complete the neys and other persons to assist the City in Tax Exemption Certificate in all respects and such compliance. ARTICLE VI to execute and deliver the Tax Exemption Cer- MISCELLANEOUS PROVISIONS tificate at issuance of the Series 2010A Bonds to certify as to the reasonable expectations Section 6.1. Delivery of Series 2010A and covenants of the City at that date. Bonds. The City shall deliver the executed The City covenants that it will treat as yield Agreements and the Series 2010A Bonds to restricted any proceeds of the Series 2010A the Original Purchaser at the price of par on Bonds remaining unexpended after three the date of Closing. Delivery of the executed years from the issuance and any other funds Agreements and the Series 2010A Bonds shall required by the Tax Exemption Certificate to be made to the Original Purchaser as soon as be so treated. If any investments are held with practicable after the effective date of this Se- respect to the Series 2010A Bonds, the City ries Resolution. shall treat the same for the purpose of re-Section 6.2. Approval of Agreements. The stricted yield as held in proportion to the origi-Agreements in substantially the form pre- nal principal amounts of each issue. sented at this meeting of the Council is hereby The City covenants that it will exceed any authorized and approved, and the Mayor and investment yield restriction provided in this City Clerk are authorized to execute and deliv- Series Resolution only in the event that it shall er the Agreements, with such changes therein first obtain an opinion of bond counsel that the as such officials deem appropriate, for and on proposed investment action will not cause the behalf of the City, such officers' signatures Series 2010A Bonds to be classified as arbi-thereon being conclusive evidence of such trage bonds under Section 148(a) and (b) of officials' and the City's approval thereof. the Code. Section 6.3. General Authorization. From The City covenants that it will proceed with and after the date of adoption of this Series due diligence to spend the proceeds of the Resolution, the officers, employees and agents Series 2010A Bonds for the purpose set forth of the City are hereby authorized to do all such in this Series Resolution. The City further co-acts and things and to execute and deliver any venants that it will make no change in the use and all other documents, agreements, certifi- of the proceeds available for the construction cates and instruments relating to the Series of facilities or change in the use of any portion 2010A Bonds, the investment of the proceeds of the facilities constructed there from by per-thereof and the other transactions contem- sons other than the City or the general public plated on the part of the City by this Series unless it has obtained an opinion of bond Resolution, including, but not limited to, the counsel or a revenue ruling that the proposed Tax Exemption Certificate referred to in Sec- project or use will not be of such character as tion 5.1 hereof. to cause interest on any of the Series 2010A Section 6.4. Construction. Except to the Bonds not to be exempt from federal income extent set forth herein, all of the applicable taxes in the hands of holders under the provi-terms, conditions and provisions of the Master sions of the Code. Resolution shall be deemed and construed to Section 5.2. Additional Covenants, Repre-apply to the Series 2010A Bonds and are he- sentations and Warranties of the City. The City reby incorporated by reference and made a certifies and covenants with the purchasers part hereof to the same extent as if fully set and holders of the Series 2010A Bonds from forth herein. Except as may otherwise be pro- time to time outstanding that the City through vided herein, the Master Resolution shall re- its officers, (a) will make such further specific main in full force and effect. covenants, representations and assurances as Section 6.5. Severability. If any section, pa- may be necessary or advisable; (b) comply ragraph, or provision of this Series Resolution with all representations, covenants and assur-shall be held to be invalid or unenforceable for ances contained in the Tax Exemption Certifi-any reason, the invalidity or unenforceability of cate, which Tax Exemption Certificate shall such section, paragraph or provision shall not constitute a part of the contract between the affect any of the remaining provisions. City and the owners of the Series 2010A Section 6.6. Repeal of Conflicting Ordin- Bonds; (c) consult with bond counsel (as de-ances or Resolutions and Effective Date. All fined in the Tax Exemption Certificate); (d) pay other ordinances, resolutions and orders, or to the United States, as necessary, such sums parts thereof, in conflict with the provisions of of money representing required rebates of this Series Resolution are, to the extent of excess arbitrage profits relating to the Series such conflict, hereby repealed; and this Series 452 Regular Session, December 21, 2009 Book 139 Resolution shall be in effect from and after its WHEREAS, pursuant to the American Re- adoption. covery and Reinvestment Act of 2009 ("AR- st Passed and approved this 21 day of De-RA"), and in accordance with the terms of the cember, 2009. Forgivable Loan and Disbursement Agree- Roy D. Buol, Mayor ment, the Iowa Finance Authority has authority Attest: Jeanne F. Schneider, CMC, City Clerk to make and desires to make a forgivable loan to the City in the amount of $198,000, from Storm Water Utility Revenue Capital Loan funds available to the Iowa Finance Authority Notes, Series 2010B: City Manager recom-under the ARRA, for the purpose of assisting mending approval of the suggested proceed-in financing a portion of the Project (defined ings to complete action required on the Storm herein); and Water Revenue Capital Loan Notes from the WHEREAS, the notice of intention of Issu- Iowa Water Pollution Control Works Financing er to take action for the issuance of not to ex- Program under the State of Iowa Revolving ceed $1,000,000 Storm Water Utility Revenue Fund Loan (SRF) program. Upon motion the Capital Loan Notes has heretofore been duly documents were received and filed and Reso-published and no objections to such proposed lution No. 467-09 Approving and authorizing a action have been filed: form of Loan and Disbursement Agreements NOW, THEREFORE, BE IT RESOLVED by and between the City of Dubuque and the BY THE CITY COUNCIL OF THE CITY OF Iowa Finance Authority, and authorizing and DUBUQUE, IN THE COUNTY OF DUBUQUE, providing for the issuance and securing the STATE OF IOWA: payment of $998,000 Storm Water Utility Rev-Section 1. Definitions. The following terms enue Capital Loan Notes, Series 2010B, of the shall have the following meanings in this Reso- City of Dubuque, Iowa, under the provisions of lution unless the text expressly or by neces- the Code of Iowa, and providing for a method sary implication requires otherwise: of payment of said Notes was adopted.  "Additional Notes" shall mean any storm water utility revenue notes RESOLUTION NO. 467-09 or notes issued on a parity with the APPROVING AND AUTHORIZING THE Notes in accordance with the provi- FORM OF LOAN AND DISBURSEMENT sions of this Resolution. AGREEMENTS BY AND BETWEEN THE  "Agreements" shall mean the CITY OF DUBUQUE AND THE IOWA Loan and Disbursement Agreements, FINANCE AUTHORITY, AND AUTHORIZING both dated as of the Closing between AND PROVIDING FOR THE ISSUANCE AND the City and the Original Purchaser, SECURING THE PAYMENT OF $998,000 relating to the Loan made to the City STORM WATER UTILITY REVENUE CAPI- under the Program. TAL LOAN NOTES, SERIES 2010B, OF THE  "Authorized Denominations" CITY OF DUBUQUE, IOWA, UNDER THE shall mean $5,000 or any integral PROVISIONS OF THE CODE OF IOWA, AND multiple thereof. PROVIDING FOR A METHOD OF PAYMENT  "Clerk" shall mean the City OF SAID NOTES Clerk or such other officer of the suc- WHEREAS, the City Council of the City of cessor Governing Body as shall be Dubuque, Iowa, sometimes hereinafter re-charged with substantially the same ferred to as the "Issuer", has heretofore estab-duties and responsibilities. lished charges, rates and rentals for services  "Closing" shall mean the date which are and will continue to be collected as of delivery of the Note to the Original system revenues of the Storm Water Utility Purchaser and the funding of the System, sometimes hereinafter referred to as Loan by the Trustee. the "System", and said revenues have not  "Corporate Seal" shall mean been pledged and are available for the pay-the official seal of Issuer adopted by ment of revenue Notes, subject to the following the Governing Body. premises; and  "Fiscal Year" shall mean the WHEREAS, Issuer proposes to issue its twelve-month period beginning on Ju- Storm Water Utility Revenue Capital Loan ly l of each year and ending on the Notes, Series 2010B, to the extent of last day of June of the following year, $998,000, for the purpose of defraying the or any other consecutive twelve- costs of the Project as set forth in Section 1 of month period adopted by the Govern- this Resolution; and, it is deemed necessary ing Body or by law as the official ac- and advisable and in the best interests of the counting period of the System. Re- City that the form of Loan and Disbursement quirements of a Fiscal Year as ex- Agreements by and between the City and the pressed in this Resolution shall ex- Iowa Finance Authority, be approved and au-clude any payment of principal or in- thorized; and terest falling due on the first day of Book 139 Regular Session, December 21, 2009 453 the Fiscal Year and include any pay-■ Direct obligations of ment of principal or interest falling (including obligations issued due on the first day of the succeeding or held in book entry form on Fiscal Year. the books of) the Depart-  "Governing Body" shall mean ment of the Treasury of the the City Council of the City, or its United States of America; successor in function with respect to ■ Obligations of any the operation and control of the Sys-of the following federal tem. agencies which obligations  "Independent Auditor" shall represent full faith and credit mean an independent firm of Certified of the United States of Public Accountants or the Auditor of America, including: State. – Export - Import  "Issuer" and "City" shall mean Bank the City of Dubuque, Iowa. – Farm Credit Sys-  "Loan" shall mean the principal tem Financial Assistance amount allocated by the Original Pur-Corporation chaser to the City under the Program, – USDA - Rural De- equal in amount to the principal velopment amount of the Notes; – General Services  "Net Revenues" shall mean Administration gross earnings of the System after – U.S. Maritime Ad- deduction of Current Expenses; "Cur-ministration rent Expenses" shall mean and in-– Small Business clude the reasonable and necessary Administration cost of operating, maintaining, repair-– Government Na- ing and insuring the System, includ-tional Mortgage Associa- ing purchases at wholesale, if any, tion (GNMA) salaries, wages, and costs of mate-– U.S. Department of rials and supplies, but excluding de-Housing & Urban Devel- preciation and principal of and inter-opment (PHA's) est on the Notes and any Parity Obli-– Federal Housing gations or payments to the various Administration funds established herein; capital ■ Repurchase costs, depreciation and interest or agreements whose underly- principal payments are not System ing collateral consists of the expenses. investments set out above if  "Notes" or "Note" shall mean the Issuer takes delivery of $998,000 Storm Water Utility Reve-the collateral either directly nue Capital Loan Notes, Series or through an authorized 2010B, authorized to be issued by custodian. Repurchase this Resolution agreements do not include  "Original Purchaser" shall reverse repurchase agree- mean the Iowa Finance Authority, as ments; the purchaser of the Notes from Issu-■ Senior debt obliga- er at the time of their original is-tions rated "AAA" by Stan- suance. dard & Poor's Corporation  "Parity Obligations" shall mean (S&P) or "Aaa" by Moody's storm water notes or bonds payable Investors Service Inc. (Moo- solely from the Net Revenues of the dy's) issued by the Federal System on an equal basis with the National Mortgage Associa- Notes herein authorized to be issued. tion or the Federal Home  "Paying Agent" shall mean the Loan Mortgage Corporation; City Treasurer or such successor as ■ U.S. dollar denomi- may be approved by Issuer as pro-nated deposit accounts, fed- vided herein and who shall carry out eral funds and bankers’ ac- the duties prescribed herein as Issu-ceptances with domestic er's agent to provide for the payment commercial banks which of principal of and interest on the have a rating on their short- Notes as the same shall become due. term certificates of deposit  "Permitted Investments" shall on the date of purchase of mean: "A-1" or "A-1+" by S&P or "P-1" by Moody's and matur- 454 Regular Session, December 21, 2009 Book 139 ing no more than 360 days notes or other obligations after the date of purchase described in this paragraph (ratings on holding compa-on the maturity date or dates nies are not considered as specified in the irrevocable the rating of the bank); instructions referred to ■ commercial paper above, as appropriate; which is rated at the time of ■ tax exempt notes purchase in the single high-as defined and permitted by est classification, "A-1+" by section 148 of the Internal S&P or "P-1" by Moody's Revenue Code and applica- and which matures not more ble regulations and only if than 270 days after the date rated within the two highest of purchase; classifications as estab- ■ Investments in a lished by at least one of the money market fund rated standard rating services ap- "AAAm" or "AAAm-G" or proved by the superinten- better by S&P; dent of banking by rule ■ pre-refunded mu-adopted pursuant to chapter nicipal obligations, defined 17A Code of Iowa; as any notes or other obliga-■ an investment con- tions of any state of the tract rated within the two United States of America or highest classifications as es- of any agency, instrumentali-tablished by at least one of ty or local governmental unit the standard rating services of any such state which are approved by the superinten- not callable at the option of dent of banking by rule the obligor prior to maturity adopted pursuant to chapter or as to which irrevocable 17A Code of Iowa; and instructions have been given ■ Iowa Public Agency by the obligor to call on the Investment Trust. date specified in the notice;  "Program" shall mean the Iowa and (a) which are rated, Water Pollution Control Works Fi- based on an irrevocable es-nancing Program undertaken by the crow account or fund (the Original Purchaser. "escrow"), in the highest rat- "Project" shall mean the costs ing category of S&P or Moo-of the acquisition, construction, re- dy's or any successors the-construction, extending, remodeling, reto; or (b)(i) which are fully improving, repairing and equipping all secured as to principal and or part of the Storm Water Manage- interest and redemption ment Utility System, including those premium, if any, by an es-costs associated with the North Fork crow consisting only of cash Catfish Creek Storm Sewer Im- or direct obligations of the provements. Department of the Treasury  "Project Fund" shall mean the of the United States of Loan Account maintained by the America, which escrow may Trustee under the Program for the be applied only to the pay-benefit of the Issuer, into which the ment of such principal of and proceeds of the Loan and the Note interest and redemption shall be allocated and held until dis- premium, if any, on such bursed to pay Project costs. notes or other obligations on  "Rebate Fund" shall mean the the maturity date or dates fund so defined in and established thereof or the specified re-pursuant to the Tax Exemption Certif- demption date or dates pur-icate. suant to such irrevocable in- "Registrar" shall mean the City structions, as appropriate; Treasurer or such successor as may and (ii) which escrow is suf-be approved by Issuer as provided ficient, as verified by a na-herein and who shall carry out the du- tionally recognized indepen-ties prescribed herein with respect to dent certified public accoun-maintaining a register of the owners tant, to pay principal of and of the Notes. Unless otherwise speci- interest and redemption fied, the Registrar shall also act as premium, if any, on the Transfer Agent for the Notes. Book 139 Regular Session, December 21, 2009 455  "Resolution" shall mean this Series 2010B, in the aggregate amount of resolution authorizing the issuance of $998,000 for the purpose of paying costs of the Notes. the acquisition, construction, reconstruction,  "SRF Obligations" shall mean extending, remodeling, improving, repairing bonds, notes or other obligations as and equipping all or part of the Storm Water may be issued in connection with the Management Utility System, including those Issuer‛s participation in the Iowa Wa-costs associated with the North Fork Catfish ter Pollution Control Works Financing Creek Storm Sewer Improvements. The City Program administered by the Iowa Council, pursuant to Sections 384.24A and Finance Authority and Iowa Depart-384.84A of the Code of Iowa, hereby finds and ment of Natural Resources, including determines that it is necessary and advisable capitalization grants which are eligible to issue said Notes authorized by the Agree- for loan forgiveness and funded pur-ments and this Resolution. suant to and subject to requirements Section 4. Source of Payment. The Notes under the American Recovery and herein authorized and Parity Notes and the Reinvestment Act of 2009, which interest thereon shall be payable solely and SRF Obligations may be Senior SRF only out of the net earnings of the System and Obligations or subordinate SRF Obli-shall be a lien on the future Net Revenues of gations. the System. The Notes shall not be general  "System" shall mean the Storm obligations of the Issuer nor shall they be pay- Water Utility of the Issuer and all able in any manner by taxation and the Issuer properties of every nature hereinafter shall be in no manner liable by reason of the owned by the Issuer comprising part failure of the said Net Revenues to be suffi- of or used as a part of the System, cient for the payment of the Notes. including all improvements and ex-Section 5. Note Details. Storm Water Utility tensions made by Issuer while any of Revenue Capital Loan Notes, Series 2010B, of the Notes or Parity Notes remain out-the City in the amount of $998,000, shall be standing; all real and personal prop-issued to evidence the obligations of the Issuer erty; and all appurtenances, con-under the Agreements pursuant to the provi- tracts, leases, franchises and other sions of Sections 384.24A and 384.84A of the intangibles. Code of Iowa for the aforesaid purpose. The  "Tax Exemption Certificate" Notes shall be designated "STORM WATER shall mean the Tax Exemption Certif-UTILITY REVENUE CAPITAL LOAN NOTE, icate executed by the Treasurer and SERIES 2010B", be dated the date of delivery, delivered at the time of issuance and and bear interest at the rate of 3.0% per an- delivery of the Notes. num from the date of each advancement made  "Treasurer" shall mean the under the Agreement, until payment thereof, at City Treasurer or such other officer as the office of the Paying Agent, said interest shall succeed to the same duties and payable on June 1, 2010, and semi-annually responsibilities with respect to the re-thereafter on the 1st day of June and Decem- cording and payment of the Notes is-ber in each year until maturity as set forth on sued hereunder. the Debt Service Schedules attached to the  "Yield Restricted" shall mean Agreements as Exhibit A and incorporated required to be invested at a yield that herein by this reference. As set forth on said is not materially higher than the yield Debt Service Schedules, principal shall be on the Notes under section 148(a) of payable on June 1, 2011 and annually thereaf- the Internal Revenue Code or regula-ter on the 1st day of June in the amounts set tions issued there under. forth therein until principal and interest are fully Section 2. Authority. The Agreements and paid, except that the final installment of the the Notes authorized by this Resolution shall entire balance of principal and interest, if not be issued pursuant to Division V, Chapter 384 sooner paid, shall become due and payable on of the City Code of Iowa, and in compliance June 1, 2030. Notwithstanding the foregoing or with all applicable provisions of the Constitu-any other provision hereof, principal and inter- tion and laws of the State of Iowa. The Agree-est shall be payable as shown on said Debt ments shall be substantially in the form at-Service Schedules until completion of the tached to this Resolution and are authorized to Project, at which time the final Debt Service be executed and issued on behalf of the Issuer Schedules shall be determined by the Trustee by the Mayor and attested by the City Clerk. based upon actual advancements, final costs Section 3. Authorization and Purpose. and completion of the Project, all as provided There are hereby authorized to be issued, in the administrative rules governing the Pro- negotiable, serial, fully registered Storm Water gram. Payment of principal and interest on the Utility Revenue Capital Loan Notes of Dubu-Notes shall at all times conform to said Debt que, in the County of Dubuque, State of Iowa, 456 Regular Session, December 21, 2009 Book 139 Service Schedules and the rules of the Pro-Section 9. Registration of Notes; Appoint- gram. ment of Registrar; Transfer; Ownership; Deli- The Notes shall be executed by the ma-very; and Cancellation. nual or facsimile signature of the Mayor and (a) Registration. The ownership of attested by the manual or facsimile signature Notes may be transferred only by the of the Clerk, and impressed or imprinted with making of an entry upon the books the seal of the City and shall be fully registered kept for the registration and transfer as to both principal and interest as provided in of ownership of the Notes, and in no this Resolution; principal, interest and pre-other way. The Treasurer is hereby mium, if any, shall be payable at the office of appointed as Note Registrar under the Paying Agent by mailing of a check, wire the terms of this Resolution. Registrar transfer or automated clearing house system shall maintain the books of the Issuer transfer to the registered owner of the Note. for the registration of ownership of the The Notes shall be in the denomination of Notes for the payment of principal of $1,000 or multiples thereof and may at the and interest on the Notes as provided request of the Original Purchaser be initially in this Resolution. All Notes shall be issued in Notes in the respective denomina-negotiable as provided in Article 8 of tions of $800,000 numbered R-1 and $198,000 the Uniform Commercial Code sub- numbered R-2. ject to the provisions for registration Section 6. Initiation Fee and Servicing Fee. and transfer contained in the Notes In addition to the payment of principal of and and in this Resolution. interest on the Notes, the Issuer also agrees to (b) Transfer. The ownership of pay the Initiation Fee and the Servicing Fee as any Note may be transferred only defined and in accordance with the terms of upon the Registration Books kept for the Agreements. the registration and transfer of Notes Section 7. Forgivable Loan. Notwithstand-and only upon surrender thereof at ing Sections 5 and 6 to the contrary, with re-the office of the Registrar together gard to Note R-2, provided that the Issuer with an assignment duly executed by proceeds with diligence to completion of the the holder or his duly authorized at- Project and complies with all applicable ARRA torney in fact in such form as shall be requirements as fully set forth in section 14 of satisfactory to the Registrar, along the Forgivable Loan and Disbursement with the address and social security Agreement (the "Forgivable Loan"), (i) no number or federal employer identifi- payments of interest, principal, Servicing Fee cation number of such transferee (or, or Initiation Fee shall be due under the Forgiv-if registration is to be made in the able Loan during construction of the Project name of multiple individuals, of all and (ii) following completion of the Project and such transferees). In the event that receipt by the Iowa Finance Authority of a cer-the address of the registered owner tificate of completion from the Issuer, the For-of a Note (other than a registered givable Loan shall be forgiven, in full, by the owner which is the nominee of the Iowa Finance Authority, and no payments of broker or dealer in question) is that of principal or interest shall be due under the a broker or dealer, there must be dis- Forgivable Loan and Disbursement Agree-closed on the Registration Books the ment. information pertaining to the regis- Section 8. Redemption. The Notes are tered owner required above. Upon subject to optional redemption at a price of par the transfer of any such Note, a new plus accrued interest (i) on any date upon re-fully registered Note, of any denomi- ceipt of written consent of the Original Pur-nation or denominations permitted by chaser or (ii) in the event that all or substantial-this Resolution in aggregate principal ly all of the Project is damaged or destroyed. amount equal to the un-matured and Any optional redemption of the Notes may be unredeemed principal amount of such made from any funds regardless of source, in transferred fully registered Note, and whole or from time to time in part, in inverse bearing interest at the same rate and order of maturity, by giving not less than thirty maturing on the same date or dates (30) days notice of redemption by certified or shall be delivered by the Registrar. registered mail to the Original Purchaser (or (c) Registration of Transferred any other registered owner of the Note). The Notes. In all cases of the transfer of terms of redemption shall be par, plus accrued the Notes, the Registrar shall register, interest to date of call. The Notes are also sub-at the earliest practicable time, on the ject to mandatory redemption as set forth in Registration Books, the Notes, in ac- Section 5 of the Agreement. cordance with the provisions of this Resolution. Book 139 Regular Session, December 21, 2009 457 (d) Ownership. As to any Note, Resolution by the Owners of such in- the person in whose name the own-terest or Notes of whatever nature ership of the same shall be registered shall be made upon the Issuer. on the Registration Books of the Re-Section 10. Reissuance of Mutilated, De- gistrar shall be deemed and regarded stroyed, Stolen or Lost Notes. In case any as the absolute owner thereof for all outstanding Note shall become mutilated or be purposes, and payment of or on ac-destroyed, stolen or lost, the Issuer shall at the count of the principal of any such request of Registrar authenticate and deliver a Notes and the premium, if any, and new Note of like tenor and amount as the Note interest thereon shall be made only to so mutilated, destroyed, stolen or lost, in ex- or upon the order of the registered change and substitution for such mutilated owner thereof or his legal representa-Note to Registrar, upon surrender of such mu- tive. All such payments shall be valid tilated Note, or in lieu of and substitution for and effectual to satisfy and discharge the Note destroyed, stolen or lost, upon filing the liability upon such Note, including with the Registrar evidence satisfactory to the the interest thereon, to the extent of Registrar and Issuer that such Note has been the sum or sums so paid. destroyed, stolen or lost and proof of owner- (e) Cancellation. All Notes which ship thereof, and upon furnishing the Registrar have been redeemed shall not be and Issuer with satisfactory indemnity and reissued but shall be cancelled by the complying with such other reasonable regula- Registrar. All Notes which are can-tions as the Issuer or its agent may prescribe celled by the Registrar shall be de-and paying such expenses as the Issuer may stroyed and a Certificate of the de-incur in connection therewith. struction thereof shall be furnished Section 11. Record Date. Payments of promptly to the Issuer; provided that if principal and interest, otherwise than upon full the Issuer shall so direct, the Regi-redemption, made in respect of any Note, shall strar shall forward the cancelled be made to the registered holder thereof or to Notes to the Issuer. their designated Agent as the same appear on (f) Non-Presentment of Notes. In the books of the Registrar on the 15th day of the event any payment check the month preceding the payment date. All representing payment of principal of such payments shall fully discharge the obliga- or interest on the Notes is returned to tions of the Issuer in respect of such Notes to the Paying Agent or if any note is not the extent of the payments so made. presented for payment of principal at Section 12. Execution, Authentication and the maturity or redemption date, if Delivery of the Notes. Upon the adoption of funds sufficient to pay such principal this Resolution, the Mayor and City Clerk shall of or interest on Notes shall have execute and deliver the Notes to the Registrar, been made available to the Paying who shall authenticate the Notes and deliver Agent for the benefit of the owner the-the same to or upon order of the Original Pur- reof, all liability of the Issuer to the chaser. No Note shall be valid or obligatory for owner thereof for such interest or any purpose or shall be entitled to any right or payment of such Notes shall forthwith benefit hereunder unless the Registrar shall cease, terminate and be completely duly endorse and execute on such Note a Cer- discharged, and thereupon it shall be tificate of Authentication substantially in the the duty of the Paying Agent to hold form of the Certificate herein set forth. Such such funds, without liability for inter-Certificate upon any Note executed on behalf est thereon, for the benefit of the of the Issuer shall be conclusive evidence that owner of such Notes who shall the-the Note so authenticated has been duly is- reafter be restricted exclusively to sued under this Resolution and that the holder such funds for any claim of whatever thereof is entitled to the benefits of this Reso- nature on his part under this Resolu-lution. tion or on, or with respect to, such in-Section 13. Right to Name Substitute Pay- terest or Notes. The Paying Agent's ing Agent or Registrar. Issuer reserves the obligation to hold such funds shall right to name a substitute, successor Registrar continue for a period equal to two or Paying Agent upon giving prompt written years and six months following the notice to each registered noteholder. date on which such interest or prin-Section 14. Form of Note. Notes shall be cipal became due, whether at maturi-printed in substantial compliance with stan- ty, or at the date fixed for redemption dards proposed by the American Standards thereof, or otherwise, at which time Institute substantially in the form as [provided]: the Paying Agent, shall surrender any Section 15. Equality of Lien. The timely remaining funds so held to the Issuer, payment of principal of and interest on the whereupon any claim under thisNotes and Parity Notes shall be secured 458 Regular Session, December 21, 2009 Book 139 equally and ratably by the Net Revenues of the (a) Operation and Maintenance System without priority by reason of number or Fund. Money in the Revenue Fund time of sale or delivery; and the Net Revenues shall first be disbursed to make depo- of the System are hereby irrevocably pledged sits into a separate and special fund to the timely payment of both principal and to pay current expenses. The fund interest as the same become due. shall be known as the Storm Water Section 16. Application of Note Proceeds - Utility Revenue Operation and Main- Project Fund. Proceeds of the Notes shall be tenance Fund (the "Operation and applied as follows: Maintenance Fund"). There shall be An amount equal to the Initiation Fee deposited in the Operation and Main- and other costs of issuance of the Notes tenance Fund each month an amount shall be applied to pay such costs as may sufficient to meet the current ex- be approved by the Treasurer. penses of the month plus an amount The balance of the proceeds shall be equal to 1/12th of expenses payable deposited to the Project Fund and ex-on an annual basis such as insur- pended there from for the purposes of is-ance. After the first day of the month, suance. further deposits may be made to this Any amounts on hand in the Project Fund account from the Revenue Fund to shall be available for the payment of the prin-the extent necessary to pay current cipal of or interest on the Notes at any time expenses accrued and payable to the that other funds of the System shall be insuffi-extent that funds are not available in cient to the purpose, in which event such funds the Surplus Fund. shall be repaid to the Project Fund at the earli-(b) Sinking Fund. Money in the est opportunity. Any balance on hand in the Revenue Fund shall next be dis- Project Fund and not immediately required for bursed to make deposits into a sepa- its purposes may be invested not inconsistent rate and special fund to pay the prin- with limitations provided by law, the Internal cipal and interest requirements of the Revenue Code and this Resolution. Any Fiscal Year on the Notes and Parity excess proceeds remaining on hand after Notes. The fund shall be known as completion of the purpose of issuance shall be the Storm Water Utility Revenue Cap- paid into the Improvement Fund to the maxi-ital Loan Note and Interest Sinking mum required amounts and any remaining Fund (the "Sinking Fund"). The re- amounts shall be used to call or otherwise quired amount to be deposited in the retire Notes. Sinking Fund in any month shall be Section 17. User Rates. There has hereto-the equal monthly amount necessary fore been established and published as re-to pay in full the installment of interest quired by law, just and equitable rates or coming due on the next interest pay- charges for the use of the service rendered by ment date on the then outstanding the System. Said rates or charges to be paid Notes and Parity Notes plus the equal by the owner of each and every lot, parcel of monthly amount necessary to pay in real estate, or building that is connected with full the installment of principal coming and uses the System, by or through any part of due on such Notes on the next suc- the System or that in any way uses or is ceeding principal payment date until served by the System. the full amount of such installment is Any revenues paid and collected for the use of on hand. If for any reason the amount the System and its services by the Issuer or on hand in the Sinking Fund exceeds any department, agency or instrumentality of the required amount, the excess shall the Issuer shall be used and accounted for in forthwith be withdrawn and paid into the same manner as any other revenues de-the Revenue Fund. Money in the rived from the operations of the System. Sinking Fund shall be used solely for Section 18. Application of Revenues. From the purpose of paying principal of and and after the delivery of any Notes, and as interest on the Notes and Parity long as any of the Notes or Parity Notes shall Notes as the same shall become due be outstanding and unpaid either as to princip-and payable. al or as to interest, or until all of the Notes and (c) Subordinate Obligations. Mon- Parity Notes then outstanding shall have been ey in the Revenue Fund may next be discharged and satisfied in the manner pro-used to pay principal of and interest vided in this Resolution, the entire income and on (including reasonable reserves revenues of the System shall be deposited as therefore) any other obligations which collected in a fund to be known as the Storm by their terms shall be payable from Water Utility Revenue Fund (the "Revenue the revenues of the System, but sub- Fund"), and shall be disbursed only as follows: ordinate to the Notes and Parity Notes, and which have been issued Book 139 Regular Session, December 21, 2009 459 for the purposes of extensions and Section 20. Covenants Regarding the Op- improvements to the System or to re-eration of the System. The Issuer hereby co- tire the Notes or Parity Notes in ad-venants and agrees with each and every hold- vance of maturity, or to pay for ex-er of the Notes and Parity Notes: traordinary repairs or replacements to (a) Maintenance and Efficiency. the System. The Issuer will maintain the System in (d) Surplus Revenue. All money good condition and operate it in an ef- thereafter remaining in the Revenue ficient manner and at reasonable Fund at the close of each month may cost. be deposited in any of the funds (b) Sufficiency of Rates. On or be- created by this Resolution, may be fore the beginning of each Fiscal used to pay for extraordinary repairs Year the Governing Body will adopt or replacements to the System, or or continue in effect rates for all ser- may be used to pay or redeem the vices rendered by the System deter- Notes or Parity Notes any of them, or mined to be sufficient to produce Net for any lawful purpose. Revenues for the next succeeding Money in the Revenue Fund shall be allot-Fiscal Year adequate to pay principal ted and paid into the various funds and ac-and interest requirements and create counts hereinbefore referred to in the order in reserves as provided in this Resolu- which said funds are listed, on a cumulative tion but not less than 110% percent of basis on the 10th day of each month, or on the the principal and interest require- next succeeding business day when the 10th ments of the Fiscal Year. No free use shall not be a business day; and if in any of the System by the Issuer or any month the money in the Revenue Fund shall department, agency or instrumentality be insufficient to deposit or transfer the re-of the Issuer shall be permitted ex- quired amount in any of said funds or ac-cept upon the determination of the counts, the deficiency shall be made up in the Governing Body that the rates and following month or months after payments into changes otherwise in effect are suffi- all funds and accounts enjoying a prior claim to cient to provide Net Revenues at the revenues shall have been met in full. least equal to the requirements of this Section 19. Investments. Moneys on hand subsection. in the Project Fund and all of the funds pro-(c) Insurance. The Issuer shall vided by this Resolution may be invested only maintain insurance for the benefit of in Permitted Investments or deposited in finan-the note holders on the insurable por- cial institutions which are members of the tions of the System of a kind and in Federal Deposit Insurance Corporation, or its an amount which normally would be equivalent successor, and the deposits of carried by private companies en- which are insured thereby and all such depo-gaged in a similar kind of business. sits exceeding the maximum amount insured The proceeds of any insurance, ex- from time to time by FDIC or its equivalent cept public liability insurance, shall be successor in any one financial institution shall used to repair or replace the part or be continuously secured in compliance with parts of the System damaged or de- the State Sinking Fund provided under Iowa stroyed. Code chapter 12C, or otherwise by a valid (d) Accounting and Audits. The pledge of direct obligations of the United Issuer will cause to be kept proper States Government having an equivalent mar-books and accounts adapted to the ket value. All investments shall mature before System and in accordance with gen- the date on which the moneys are required for erally accepted accounting practices, the purposes for which the fund was created or and will diligently act to cause the otherwise as herein provided. The provisions books and accounts to be audited of this Section shall not be construed to re-annually and reported upon not later quire the Issuer to maintain separate accounts than 180 days after the end of each for the funds created by this Section. Fiscal Year by an Independent Audi- All income derived from such investments shall tor and will provide copies of the audit be deposited in the Revenue Fund and shall report to the holders of any of the be regarded as revenues of the System except Notes and Parity Notes upon request. earnings on investments of the Project Fund The holders of any of the Notes and shall be deposited in and expended from the Parity Notes shall have at all reason- Project Fund. Investments shall at any time able times the right to inspect the necessary be liquidated and the proceeds the-System and the records, accounts reof applied to the purpose for which the re-and data of the Issuer relating there- spective fund was created. to. 460 Regular Session, December 21, 2009 Book 139 (e) State Laws. The Issuer will Section 21. Remedies of Note holders. Ex- faithfully and punctually perform all cept as herein expressly limited the holder or duties with reference to the System holders of the Notes and Parity Notes shall required by the Constitution and laws have and possess all the rights of action and of the State of Iowa, including the remedies afforded by the common law, the making and collecting of reasonable Constitution and statutes of the State of Iowa, and sufficient rates for services ren-and of the United States of America, for the dered by the System as above pro-enforcement of payment of their Notes and vided, and will segregate the reve-interest thereon, and of the pledge of the reve- nues of the System and apply said nues made hereunder, and of all covenants of revenues to the funds specified in this the Issuer hereunder. Resolution. Section 22. Prior Lien and Parity Notes. (f) Property. The Issuer will not The Issuer will issue no other Notes or obliga- sell, lease, mortgage or in any man-tions of any kind or nature payable from or ner dispose of the System, or any enjoying a lien or claim on the property or rev- capital part thereof, including any and enues of the System having priority over the all extensions and additions that may Notes or Parity Notes. be made thereto, until satisfaction Additional Notes may be issued on a parity and discharge of all of the Notes and and equality of rank with the Notes with re- Parity Notes shall have been pro-spect to the lien and claim of such Additional vided for in the manner provided in Notes to the revenues of the System and the this Resolution; provided, however, money on deposit in the funds adopted by this that this covenant shall not be con-Resolution, for the following purposes and strued to prevent the disposal by the under the following conditions, but not other- Issuer of property which in the judg-wise: ment of its Governing Body has be-(a) For the purpose of refunding come inexpedient or unprofitable to any of the Notes or Parity Notes use in connection with the System, or which shall have matured or which if it is to the advantage of the System shall mature not later than three that other property of equal or higher months after the date of delivery of value be substituted therefore, and such refunding Notes and for the provided further that the proceeds of payment of which there shall be insuf- the disposition of such property shall ficient money in the Sinking Fund; be placed in a revolving fund and (b) For the purpose of refunding used in preference to other sources any Notes, Parity Notes or general for capital improvements to the Sys-obligation notes outstanding, or mak- tem. Any such proceeds of the dispo-ing extensions, additions, improve- sition of property acquired with the ments or replacements to the Sys- proceeds of the Notes or Parity Notes tem, if all of the following conditions shall not be used to pay principal or shall have been met: interest on the Notes and Parity (i) before any such Addi- Notes or for payments into the Sink-tional Notes ranking on a ing Funds. parity are issued, there will (g) Fidelity Note. The Issuer shall have been procured and maintain fidelity note coverage in filed with the Clerk, a state- amounts which normally would be ment of an Independent Au- carried by private companies en-ditor not a regular employee gaged in a similar kind of business on of the Issuer, reciting the each officer or employee having cus-opinion based upon neces- tody of funds of the System. sary investigations that the (h) Budget. The Governing Body Net Revenues of the System of the Issuer shall approve and con-for the preceding Fiscal Year duct operations pursuant to a system (with adjustments as herei- budget of revenues and current ex-nafter provided) were equal penses for each Fiscal Year. Such to at least 1.10 times the budget shall take into account reve-maximum amount that will nues and current expenses during the be required in any Fiscal current and last preceding Fiscal Year prior to the longest ma- Years. Copies of such budget and turity of any of the Notes or any amendments thereto shall be Parity Notes for both prin- provided to the holders of any of the cipal of and interest on all Notes upon request. Notes or Parity Notes then outstanding which are paya- Book 139 Regular Session, December 21, 2009 461 ble from the net earnings of made of the proceeds from the issuance and the System and the Addi-sale of the Notes issued hereunder which will tional Notes then proposed cause any of the Notes to be classified as arbi- to be issued. trage bonds within the meaning of Section For the purpose of de-148(a) and (b) of the Internal Revenue Code of termining the Net Revenues the United States, and that throughout the of the System for the pre-term of said Notes it will comply with the re- ceding Fiscal Year as afore-quirements of said statute and regulations said, the amount of the issued there under. gross revenues for such To the best knowledge and belief of the Is- year may be adjusted by an suer, there are no facts or circumstances that Independent Auditor, not a would materially change the foregoing state- regular employee of the Is-ments or the conclusion that it is not expected suer, so as to reflect any that the proceeds of the Notes will be used in a changes in the amount of manner that would cause the Notes to be arbi- such revenues which would trage bonds. Without limiting the generality of have resulted had any revi-the foregoing, the Issuer hereby agrees to sion of the schedule of rates comply with the provisions of the Tax Exemp- or charges imposed at or tion Certificate and the provisions of the Tax prior to the time of the is-Exemption Certificate are hereby incorporated suance of any such Addi-by reference as part of this Resolution. The tional Notes been in effect Treasurer is hereby directed to make and in- during all of such preceding sert all calculations and determinations neces- Fiscal Year. sary to complete the Tax Exemption Certificate (ii) The Additional Notes in all respects and to execute and deliver the must be payable as to prin-Tax Exemption Certificate at issuance of the cipal and as to interest on Notes to certify as to the reasonable expecta- the same month and day as tions and covenants of the Issuer at that date. the Notes herein authorized. The Issuer covenants that it will treat as (iii) For the purposes of Yield Restricted any proceeds of the Notes this Section, principal and in-remaining unexpended after three years from terest falling due on the first the issuance and any other funds required by day of a Fiscal Year shall be the Tax Exemption Certificate to be so treated. deemed a requirement of If any investments are held with respect to the the immediately preceding Notes and Parity Notes, the Issuer shall treat Fiscal Year. the same for the purpose of restricted yield as (iv) For the purposes of held in proportion to the original principal this Section, general obliga-amounts of each issue. tion capital loan notes shall The Issuer covenants that it will exceed be refunded only upon a any investment yield restriction provided in this finding of necessity by the Resolution only in the event that it shall first Governing Body and only to obtain an opinion of recognized bond counsel the extent the general obli-that the proposed investment action will not gation capital loan notes cause the Notes to be classified as arbitrage were issued or the proceeds bonds under Section 148(a) and (b) of the of them were expended for Internal Revenue Code or regulations issued the System. there under. (v) for purposes of this The Issuer covenants that it will proceed Section, "preceding Fiscal with due diligence to spend the proceeds of Year" shall be the most re-the Notes for the purpose set forth in this Res- cently completed Fiscal Year olution. The Issuer further covenants that it will for which audited financial make no change in the use of the proceeds statements prepared by a available for the construction of facilities or certified public accountant change in the use of any portion of the facili- are issued and available, but ties constructed there from by persons other in no event a Fiscal Year than the Issuer or the general public unless it which ended more than has obtained an opinion of bond counsel or a eighteen months prior to the revenue ruling that the proposed project or use date of issuance of the Addi-will not be of such character as to cause inter- tional Notes. est on any of the Notes not to be exempt from Section 23. Disposition of Note Proceeds; federal income taxes in the hands of holders Arbitrage Not Permitted. The Issuer reasona-other than substantial users of the project, bly expects and covenants that no use will be under the provisions of Section 142(a) of the 462 Regular Session, December 21, 2009 Book 139 Internal Revenue Code of the United States, or by redemption prior to maturity on related statutes and regulations. a designated date upon which said Section 24. Additional Covenants, Repre-obligations may be redeemed, all of sentations and Warranties of the Issuer. The such obligations outstanding at the Issuer certifies and covenants with the pur-time, together with the interest there- chasers and holders of the Notes from time to on to maturity or to the designated time outstanding that the Issuer through its redemption date, premiums thereon, officers, (a) will make such further specific if any that may be payable on the re- covenants, representations and assurances as demption of the same; provided that may be necessary or advisable; (b) comply proper notice of redemption of all with all representations, covenants and assur-such obligations to be redeemed shall ances contained in the Tax Exemption Certifi-have been previously published or cate, which Tax Exemption Certificate shall provisions shall have been made for constitute a part of the contract between the such publication. Issuer and the owners of the Notes; (c) consult Upon such payment or deposit of money or with bond counsel (as defined in the Tax Ex-securities, or both, in the amount and manner emption Certificate); (d) pay to the United provided by this Section, all liability of the Is- States, as necessary, such sums of money suer with respect to the Notes or Parity Notes representing required rebates of excess arbi-shall cease, determine and be completely dis- trage profits relating to the Notes; (e) file such charged, and the holders thereof shall be en- forms, statements and supporting documents titled only to payment out of the money or se- as may be required and in a timely manner; curities so deposited. and (f) if deemed necessary or advisable by its Section 28. Resolution a Contract. The officers, to employ and pay fiscal agents, fi-provisions of this Resolution shall constitute a nancial advisors, attorneys and other persons contract between the Issuer and the holder or to assist the Issuer in such compliance. holders of the Notes and Parity Notes, and Section 25. Amendment of Resolution to after the issuance of any of the Notes no Maintain Tax Exemption. This Resolution may change, variation or alteration of any kind in be amended without the consent of any owner the provisions of this Resolution shall be made of the Notes if, in the opinion of bond counsel, in any manner, except as provided in the next such amendment is necessary to maintain tax succeeding Section, until such time as all of exemption with respect to the Notes under the Notes and Parity Notes, and interest due applicable Federal law or regulations. thereon, shall have been satisfied and dis- Section 26. Qualified Tax-Exempt Obliga-charged as provided in this Resolution. tions. For the sole purpose of qualifying the Section 29. Amendment of Resolution Notes as "Qualified Tax-Exempt Obligations" Without Consent. The Issuer may, without the pursuant to Section 265(b) of the Internal Rev-consent of or notice to any of the holders of enue Code of the United States, as amended, the Notes and Parity Notes, amend or supple- the Issuer designates the Notes as qualified ment this Resolution for any one or more of tax-exempt obligations and represents that the the following purposes: reasonably anticipated amount of tax-exempt (a) to cure any ambiguity, defect, governmental obligations which will be issued omission or inconsistent provision in during the current calendar year will not ex-this Resolution or in the Notes or Par- ceed Thirty (30) Million Dollars. ity Notes; or to comply with any appli- Section 27. Discharge and Satisfaction of cation provision of law or regulation of Notes. The covenants, liens and pledges en-federal or state agencies; provided, tered into, created or imposed pursuant to this however, that such action shall not Resolution may be fully discharged and satis-materially adversely affect the inter- fied with respect to the Notes and Parity ests of the holders of the Notes or Notes, or any of them, in any one or more of Parity Notes; the following ways: (b) to change the terms or provi- (a) By paying the Notes or Parity sions of this Resolution to the extent Notes when the same shall become necessary to prevent the interest on due and payable; and the Notes or Parity Notes from being (b) By depositing in trust with the includable within the gross income of Treasurer, or with a corporate trustee the holders thereof for federal income designated by the Governing Body for tax purposes; the payment of said obligations and (c) to grant to or confer upon the irrevocably appropriated exclusively holders of the Notes or Parity Notes to that purpose an amount in cash or any additional rights, remedies, pow- direct obligations of the United States ers or authority that may lawfully be the maturities and income of which granted to or conferred upon the shall be sufficient to retire at maturity, holders of the Notes; Book 139 Regular Session, December 21, 2009 463 (d) to add to the covenants and shall become effective and binding upon the agreements of the Issuer contained in holders of all of the Notes and Parity Notes. this Resolution other covenants and Any consent given by the holder of a Note agreements of, or conditions or re-pursuant to the provisions of this Section shall strictions upon, the Issuer or to sur-be irrevocable for a period of six months from render or eliminate any right or power the date of the instrument evidencing such reserved to or conferred upon the Is-consent and shall be conclusive and binding suer in this Resolution; or upon all future holders of the same Note dur- (e) to subject to the lien and ing such period. Such consent may be revoked pledge of this Resolution additional at any time after six months from the date of pledged revenues as may be permit-such instrument by the holder who gave such ted by law. consent or by a successor in title by filing no- Section 30. Amendment of Resolution Re-tice of such revocation with the City Clerk. quiring Consent. This Resolution may be The fact and date of the execution of any amended from time to time if such amendment instrument under the provisions of this Section shall have been consented to by holders of not may be proved by the certificate of any officer less than two-thirds in principal amount of the in any jurisdiction who by the laws thereof is Notes and Parity Notes at any time outstand-authorized to take acknowledgments of deeds ing (not including in any case any Notes which within such jurisdiction that the person signing may then be held or owned by or for the ac-such instrument acknowledged before him the count of the Issuer, but including such Refund-execution thereof, or may be proved by an ing Notes as may have been issued for the affidavit of a witness to such execution sworn purpose of refunding any of such Notes if such to before such officer. Refunding Notes shall not then be owned by The amount and numbers of the Notes the Issuer); but this Resolution may not be so held by any person executing such instrument amended in such manner as to: and the date of his holding the same may be (a) Make any change in the maturity or proved by an affidavit by such person or by a interest rate of the Notes, or modify the certificate executed by an officer of a bank or terms of payment of principal of or interest trust company showing that on the date therein on the Notes or any of them or impose any mentioned such person had on deposit with conditions with respect to such payment; such bank or trust company the Notes de- (b) Materially affect the rights of the scribed in such certificate. holders of less than all of the Notes and Notwithstanding anything in this Section to Parity Notes then outstanding; and the contrary, the holder or holders of 100% of (c) Reduce the percentage of the prin-the Notes and Parity Obligations may consent cipal amount of Notes, the consent of the to any amendment of this Resolution, or waive holders of which is required to effect a fur-any notices required hereunder, on such terms ther amendment. and under such conditions as said holders Whenever the Issuer shall propose to shall determine to be appropriate. amend this Resolution under the provisions of Section 31. Severability. If any section, pa- this Section, it shall cause notice of the pro-ragraph, or provision of this Resolution shall posed amendment to be filed with the Original be held to be invalid or unenforceable for any Purchaser and to be mailed by certified mail to reason, the invalidity or unenforceability of each registered owner of any Notes as shown such section, paragraph or provision shall not by the records of the Registrar. Such notice affect any of the remaining provisions. shall set forth the nature of the proposed Section 32. Repeal of Conflicting Ordin- amendment and shall state that a copy of the ances or Resolutions and Effective Date. All proposed amendatory Resolution is on file in other ordinances, resolutions and orders, or the office of the City Clerk. parts thereof, in conflict with the provisions of Whenever at any time within one year from this Resolution are, to the extent of such con- the date of the mailing of said notice there flict, hereby repealed; and this Resolution shall shall be filed with the City Clerk an instrument be in effect from and after its adoption. or instruments executed by the holders of at Section 33. Rule of Construction. This least two-thirds in aggregate principal amount Resolution and the terms and conditions of the of the Notes then outstanding as in this Sec-Notes authorized hereby shall be construed tion defined, which instrument or instruments whenever possible so as not to conflict with shall refer to the proposed amendatory Reso-the terms and conditions of the Loan and Dis- lution described in said notice and shall specif-bursement Agreements. In the event such ically consent to and approve the adoption construction is not possible, or in the event of thereof, thereupon, but not otherwise, the Go-any conflict or inconsistency between the verning Body of the Issuer may adopt such terms hereof and those of the Loan and Dis- amendatory Resolution and such Resolution bursement Agreements, the terms of the Loan and Disbursement Agreements shall prevail 464 Regular Session, December 21, 2009 Book 139 and be given effect to the extent necessary to resolve any such conflict or inconsistency. 2009 Public Right-of-Way Assessments: st Passed and approved this 21day of De-City Manager recommending approval of the cember, 2009. levy of special assessments for four property Roy D. Buol, Mayor owners who failed to complete required re- Attest: Jeanne F. Schneider, CMC, City Clerk placements or corrections to sidewalks, drive- ways, excavation surface patches or obstruc- Federal Emergency Management Agency tion removal in 2009. Upon motion the docu- (FEMA): City Manager recommending approv-ments were received and filed and Resolution al of a letter to the Federal Emergency Man-No. 469-09 Adopting the final assessment agement Agency (FEMA) requesting changes schedule for the 2009 Public Right-of-Way to the preliminary digital flood insurance rate Assessment properties was adopted. map for the Dubuque Industrial Center West. RESOLUTION NO. 469-09 Upon motion the documents were received, ADOPTING THE FINAL ASSESSMENT filed and approved. SCHEDULE FOR THE 2009 PUBLIC RIGHT- OF-WAY ASSESSMENT PROPERTIES Barton Randle Second Addition – Plat of Survey: Zoning Advisory Commission recom-NOW, THEREFORE, BE IT RESOLVED mending approval of the Plat of Survey of Bar-BY THE CITY COUNCIL OF THE CITY OF ton Randle Second Addition. Upon motion the DUBUQUE, IOWA: documents were received and filed and Reso-After full consideration, the Final Schedule lution No. 468-09 Approving a Plat of Survey of Assessments as shown on the attached of Barton Randle Second Addition in the City sheet(s), Page 1 to Page 1 inclusive, is hereby of Dubuque, Iowa, was adopted. approved for the 2009 Public Right-of-way Assessment Properties. RESOLUTION NO. 468-09 There is hereby assessed and levied as a APPROVING A PLAT OF SURVEY BARTON special tax against and upon each of the bene- RANDLE SECOND ADDITION IN THE CITY fited properties, the respective sums indicated. OF DUBUQUE, IOWA. The amounts shown in said Final Schedule of Whereas, there has been filed with the City Assessments as deficiencies are found to be Clerk a Plat of Survey Barton Randle Second proper and levied conditionally against the Addition in the City of Dubuque, Iowa; and respective properties benefited by the im- Whereas, said Plat of Survey provides no provements as shown in the Final Schedule of frontage for Lots 1 and 2 on a public street or Assessments, subject to the provisions of Iowa approved private street as required by Section Code § 384.63. Said assessments against 11-14 of Title 16 of the City of Dubuque Code said lots are hereby declared to be in propor- of Ordinances, Unified Development Code; tion to the special benefits conferred and not in and excess of twenty-five percent of the value of Whereas, said Plat of Survey has been ex-same. amined by the Zoning Advisory Commission The City Clerk be and is hereby directed to and had its approval endorsed thereon; and certify the Final Schedule of Assessments to Whereas, said Plat of Survey has been ex-the County Treasurer of Dubuque County, amined by the City Council and they find that it Iowa, and to publish notice of said certification conforms to the statues and ordinances relat-once each week for two consecutive weeks in ing to it. the manner provided in Iowa Code § 362.3, NOW THEREFORE, BE IT RESOLVED the first publication of which shall be not more BY THE CITY COUNCIL OF THE CITY OF than fifteen days from the date of filing of the DUBUQUE, IOWA: Final Schedule of Assessments. On or before Section 1. That Section 11-14 of Title 16 of the date of the second publication of the no- the City of Dubuque Code of Ordinances, Uni-tice, the City Clerk shall also mail a copy of fied Development Code, is waived to allow no said notice to property owners whose property frontage on a public street or an approved is subject to assessment, as provided in Iowa private street for Lots 1 and 2. Code § 384.60. Section 2. That the Plat of Survey Barton The assessments may be paid in full or in Randle Second Addition is hereby approved part without interest at the office of the City th and the Mayor and City Clerk are hereby au-Treasurer, City Hall, 50 W. 13 Street, Dubu- thorized and directed to endorse the approval que, Iowa, at any time within 30 days after the of the City of Dubuque, Iowa upon said final date of the first notice of the Final Schedule of plat. Assessments. Thereafter, unpaid assessments st Passed, approved and adopted this 21 of $100.00 or more are payable in 10 annual day of December 2009. installments at the County Treasurer’s Office, Roy D. Buol, Mayor Dubuque County Courthouse, 720 Central Attest: Jeanne F. Schneider, CMC, City Clerk Avenue, Dubuque, Iowa, and will draw annual Book 139 Regular Session, December 21, 2009 465 RESOLUTION NO. 470-09 interest at nine percent (9%) computed to De- ACCEPTING THE FIRE STATION NO. 4 cember 1 next following the due dates of the DOOR MODIFICATIONS PROJECT AND respective installments as provided in Section AUTHORIZING THE PAYMENT OF THE 384.65 of the Code of Iowa. Each installment CONTRACT AMOUNT TO THE CONTRAC- will be delinquent from October 1 following its TOR due date on July 1 of each year. However, when the last day of September is a Saturday Whereas, the Public Improvement Contract or Sunday, that amount shall be delinquent for the Fire Station No. 4 Door Modifications from the second business day of October. De-Project (the Project) has been completed and linquent installments will draw the same delin-the City Engineer has examined the work and quent interest as ordinary taxes. Property filed a certificate stating that the Project has owners may elect to pay any annual install-been completed according to the terms of the ments semi-annually in advance. Public Improvement Contract and that the City st Passed, approved and adopted this 21 Engineer recommends that the Project be ac- day of December, 2009. cepted. Roy D. Buol, Mayor NOW THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: CITY OF DUBUQUE, IOWA Section 1. The recommendation of the City 2009 PUBLIC RIGHT-OF-WAY ASSESS- Engineer is approved and the Project is hereby MENT PROJECT FINAL SCHEDULE OF accepted. VALUATION AND PROPOSED ASSESS- Section 2. The Finance Director is hereby MENTS, DECEMBER 8, 2009 directed to pay to the Contractor from the Sta- The following schedule is hereby deter-tion No. 4 Improvements appropriation for the mined to show each lot proposed to be as-contract amount of $61,593.00 less any re- sessed for the improvement shown in the title tained percentage provided for therein as pro- together with the amount proposed to be as-vided in Iowa Code Chapter 573, and to pay sessed against each lot and the valuations such retainage only in accordance with the shown opposite each lot are hereby fixed as provisions of Iowa Code Chapter 573. st the true valuations of such lots by the City Passed, approved and adopted this 21 Council of the City of Dubuque. day of December, 2009. PROPERTY OWNER NAME, LOT DE-Roy D. Buol, Mayor SCRIPTION, PARCEL NUMBER, STREET Attest: Jeanne F. Schneider, CMC, City Clerk ADDRESS, VALUATION WITH IMPROVE- CITY ENGINEER’S CERTIFICATE OF FINAL MENT, PUBLIC RIGHT-OF-WAY ASSESS- COMPLETION OF THE FIRE STATION NO. 4 MENT DOOR MODIFICATIONS PROJECT Dubuque Property Investments LLC, Lot 1- 7 Lenox Add, 10-27-279-019, 2631 University, The undersigned City Engineer of the City $15,156.81, $1,856.81 of Dubuque, Iowa, hereby certifies that he has Rhomberg, Susan, Lot 2-96 & LOT 2-97 inspected the Fire Station No. 4 Door Modifica- McDaniels Park Hill, 10-14-426-010, 2930 tions Project, that the Project has been per- Keokuk, $111,957.50, $57.50 formed in compliance with the terms of the Johnson, Robert L & Bethany Golombeski, Public Improvement Contract, and that the Lot 1 Golombeski's Addition #2, 10-24-378-total cost of the completed work is $76,493.00. th 025, 550 Arlington, $11,274.94, $1,774.94 Dated this 14 day of December, 2009. Parks, Bradford, Lot 1 Golombeski's Addi-Gus Psihoyos, City Engineer th tion, 10-24-378-023, 570 Arlington, Filed in the office of the City Clerk on the 17 $12,962.17, $662.17 day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Fire Station No. 4 Door Modifications Project: City Manager recommending accep-US Highway 52 Resurfacing Project: City tance of the Fire Station No. 4 Door Modifica-Manager recommending acceptance of the US tions Project as completed by Portzen Con-Highway 52 Resurfacing Project as completed struction, Inc., in the final contract amount of by River City Paving, Inc., a division of Mathy $61,593.00. Upon motion the documents were Construction, Inc., in the final contract amount received and filed and Resolution No. 470-09 of $1,128,514.44. Upon motion the documents Accepting the Fire Station No. 4 Door Modifi-were received and filed and Resolution No. cations Project and authorizing payment of the 471-09 Accepting the US Highway 52 Resur- contract amount to the contractor was facing Project and authorizing payment of the adopted. contract amount to the contractor was adopted. 466 Regular Session, December 21, 2009 Book 139 RESOLUTION NO. 471-09 Childhood Lead Poisoning Prevention Pro- ACCEPTING THE US 52 RESURFACING gram (CLPPP): City Manager recommending ND PROJECT – 32 STREET TO THE approval of a contract revision with the VNA NORTHWEST ARTERIAL AND AUTHORIZ- for services related to the Childhood Lead Poi- ING THE PAYMENT OF THE CONTRACT soning Prevention Program (CLPPP). Upon AMOUNT TO THE CONTRACTOR motion the documents were received, filed, Whereas, the Public Improvement Contract and approved. nd for the US 52 Resurfacing Project – 32 Street to the Northwest Arterial (the Project) 2009 Tax Appeal – Stipulation of Settle- has been completed and the City Engineer has ment: City Attorney submitting the Stipulation examined the work and filed a certificate stat-of Settlement in the 2009 tax assessment ap- ing that the Project has been completed ac-peal of Richard V. and Charlene L. Hansel cording to the terms of the Public Improvement Living Trusts. Upon motion the documents Contract and that the City Engineer recom-were received and filed. mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED Purchase of Property – 1545 South Grand- BY THE CITY COUNCIL OF THE CITY OF view Avenue: City Manager recommending DUBUQUE, IOWA: acceptance of the Warranty Deed from Scott J. Section 1. The recommendation of the City Nelson for property located at 1545 South Engineer is approved and the Project is hereby Grandview Avenue for the purpose of creating accepted. a City park. Upon motion the documents were Section 2. The Finance Director is hereby received and filed and Resolution No. 472-09 directed to pay to the Contractor from the Accepting the deed to certain real estate in Highway 52 Resurfacing, US 52 Storm Sewer, Dubuque County, Iowa from Scott J. Nelson Signalization Program, and Curb/Catch Basin was adopted. Replacement appropriations for the contract RESOLUTION NO. 472-09 amount of $1,128,514.44 less any retained ACCEPTING THE DEED TO CERTAIN REAL percentage provided for therein as provided in ESTATE IN DUBUQUE COUNTY, IOWA Iowa Code Chapter 573, and to pay such re- FROM SCOTT J. NELSON tainage only in accordance with the provisions of Iowa Code Chapter 573. Whereas, the City of Dubuque entered into st Passed, approved and adopted this 21 an Agreement with Scott J. Nelson for the pur- day of December, 2009. chase of the property at 1545 South Grand- Roy D. Buol, Mayor view Avenue for the purpose of creating a City Attest: Jeanne F. Schneider, CMC, City Clerk park at that location legally described as: Lot 2 of Lot 2 of Mineral Lot 12 in the City of Dubu- CITY ENGINEER’S CERTIFICATE OF FINAL que, Iowa, commonly known as 1545-1545½ COMPLETION OF THE US 52 RESURFAC- South Grandview Avenue, Dubuque, Iowa, and; ND ING PROJECT – 32 STREET TO THE Whereas, the terms of the Agreement have NORTHWEST ARTERIAL now been met. The undersigned City Engineer of the City NOW, THEREFORE, BE IT RESOLVED of Dubuque, Iowa, hereby certifies that he has BY THE CITY COUNCIL OF THE CITY OF inspected the, that the US 52 Resurfacing DUBUQUE, IOWA, AS FOLLOWS: nd Project – 32 Street to the Northwest Arterial 1. The City of Dubuque hereby accepts the has been performed in compliance with the Warranty Deed from Scott J. Nelson attached terms of the Public Improvement Contract, and hereto. that the total cost of the completed work is 2. The City Clerk is hereby authorized and $1,162,197.46. directed to record this Resolution and the War- th Dated this 14 day of December, 2009. ranty Deed with the Dubuque County Record- Gus Psihoyos, City Engineer er. thst Filed in the office of the City Clerk on the 17 Passed, approved and adopted this 21 day of December, 2009. day of December, 2009. Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Operation: New View Community Action Agency: Communication from Becky Jenkins, Signed Contracts: Water Pollution Control Operation: New View Community Action Plant Replacement Project – Strand Asso- Agency, advising that Operation: New View ciates, Inc. Amendment #1 Clarification; and the Earned Income Tax Credit (EITC) Out-Ecosmart Building Professional Services reach Task Force will be hosting the 2010 Agreement. Upon motion the documents were EITC Awareness Day on January 29, 2010. received and filed. Upon motion the documents were received and filed. Book 139 Regular Session, December 21, 2009 467 Liquor and Tobacco License Applications: CLASS “B” BEER PERMIT City Manager recommending approval of an-International UAW Local # 94, UAW Local nual liquor license renewals as submitted. Mo-# 94+(Sunday Sale), 3450 Central Avenue tion by Jones to receive and file the docu-CLASS “C” BEER PERMIT ments and adopt Resolution No. 473-09 Grant-Hiba Petroleum Inc., Clark of Dubu- ing the issuance of permits to sell cigarettes to que+(Sunday Sale), 700 Rhomberg Avenue Iowa Street Market, Gas N Go (4110 Dodge Iowa Street Market, Inc., Iowa Street Mar- Street), and Gas N Go (3270 Dodge Street); ket+(Sunday Sale), 1256 Iowa Street Resolution No. 474-09 Granting the issuance Passed, approved and adopted this 21st of a Class “B” Beer Permit to UAW Local #94 day of December, 2009. and a Class “C” Beer Permit to Clark of Dubu-Roy D. Buol, Mayor que and Iowa Street Market; and Resolution Attest: Jeanne F. Schneider, CMC, City Clerk No. 475-09 Granting the issuance of a Class RESOLUTION NO. 475-09 “C” Beer/Liquor License to Bowling and Beyond, Las Margaritas and the Moracco; a Whereas, applications for Liquor Licenses Class “C” Beer/Liquor License (Five-day Spe-have been submitted to this Council for ap- cial Event) to Restoration Trust LLC; a Class proval and the same have been examined and “B” Wine Permit to Iowa Street Market; and a approved; and Class “WBN” Native Wine Permit to Engraved Whereas, the premises to be occupied by Gift Collection and Hy-Vee Gas #2. Seconded such applicants were inspected and found to by Voetberg. Jones stated that the Restoration comply with the State Laws and all City Ordin- Trust LLC license is for a community New ances relevant thereto and they have filed Year’s event that will benefit the Dubuque proper bonds. Rescue Mission and Restoration Trust. Motion NOW, THEREFORE, BE IT RESOLVED carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 473-09 That the Manager be authorized to cause NOW, THEREFORE, BE IT RESOLVED to be issued the following named applicants a BY THE CITY COUNCIL OF THE CITY OF Liquor License. DUBUQUE, IOWA: CLASS “C” BEER/LIQUOR LICENSE That the following having complied with the Bowling & Beyond Dubuque, Bowling & provisions of law relating to the sale of Ciga-Beyond +(Sunday & Outdoor Sale), 1860 rettes within the City of Dubuque, Iowa, be Hawthorne Street granted a permit to sell Cigarettes and Ciga-Mayas, Inc., Las Margaritas +(Sunday & rette Papers within said City. Outdoor Sale), 1575 JFK Road 3 NEW The Moracco, Inc., Moracco +(Sunday Iowa Street Market, Terrence J. Norton, Sale), 1413 Rockdale Road 1236 Iowa Street CLASS “C” BEER/LIQUOR LICENSE (5-Day Gas N Go, 4110 Gas, Inc., 4110 Dodge Special Event) Street Restoration Trust LLC, Restoration Trust Gas N Go, 3270 Gas, Inc., 3270 Dodge LLC, 1079 Elm Street Street CLASS “B” WINE st Passed, approved and adopted this 21 Iowa Street Market, Inc., Iowa Street Mar- day of December, 2009 ket, 1256 Iowa Street Roy D. Buol, Mayor CLASS “WBN” NATIVE WINE Attest: Jeanne F. Schneider, CMC, City Clerk Woodline, Inc., Engraved Gift Collection, 962 Main Street RESOLUTION NO. 474-09 Hy-Vee, Inc., Hy-Vee Gas #2, 2435 NW Whereas, applications for Beer Permits Arterial have been submitted and filed to this Council Passed, approved and adopted this 21st for approval and the same have been ex-day of December, 2009 amined and approved: and Roy D. Buol, Mayor Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, CMC, City Clerk such applicants, were inspected and found to ITEMS TO BE SET FOR PUBLIC HEARING comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED Motion by Voetberg to receive and file the BY THE CITY COUNCIL OF THE CITY OF documents, adopt the resolution, set the public DUBUQUE, IOWA: hearing as indicated, and direct the City Clerk to That the Manager be authorized to cause publish notice as prescribed by law. Seconded by to be issued the following named applicants a Connors. Motion carried 7-0. Beer Permit. 468 Regular Session, December 21, 2009 Book 139 General Obligation Urban Renewal Bonds: which the Council proposes to take action for City Manager recommending that a public the issuance of the Bonds and to receive oral hearing be set for January 4, 2010 to consider and/or written objections from any resident or the issuance of not to exceed $2,500,000 property owner of the City to such action, and General Obligation Urban Renewal Bonds. the right to petition for an election thereon. Upon motion the documents were received NOW, THEREFORE, BE IT RESOLVED and filed and Resolution No. 476-09 Fixing BY THE CITY COUNCIL OF THE CITY OF date for a meeting on the proposition of the DUBUQUE, IOWA: issuance of not to exceed $2,500,000 General Section 1. That this Council meet in the Obligation Urban Renewal Bonds (for Urban Historic Federal Building, 350 West 6th Street, Renewal Purposes) of the City of Dubuque, Dubuque, Iowa, at 6:30 o'clock P.M., on the Iowa, and providing for publication of notice 4th day of January, 2010, for the purpose of thereof was adopted setting a public hearing taking action on the matter of the issuance of for a meeting to commence at 6:30 p.m. on not to exceed $2,500,000 General Obligation January 4, 2010 in the Historic Federal Build-Urban Renewal Bonds, for urban renewal pur- ing. poses of the City, the proceeds of which Bonds will be used to provide funds to pay RESOLUTION NO. 476-09 costs of aiding in the planning, undertaking FIXING DATE FOR A MEETING ON THE and carrying out of urban renewal project ac- PROPOSITION OF THE ISSUANCE OF NOT tivities under the authority of Chapter 403 of TO EXCEED $2,500,000 GENERAL OBLI- the Code of Iowa and the Amended and Res- GATION URBAN RENEWAL BONDS (FOR tated Urban Renewal Plan for the Greater URBAN RENEWAL PURPOSES) OF THE Downtown Urban Renewal Area, including CITY OF DUBUQUE, IOWA, AND PROVID- those costs associated with the funding of ING FOR PUBLICATION OF NOTICE THE- grants, loans and other forms of financial as- REOF sistance to private developers to assist in the Whereas, this Council previously has held rehabilitation of existing buildings and the a public hearing and, by Resolution No. 459-construction of housing development projects 09 approved on December 7, 2009, resolved located throughout the Greater Downtown to take additional action for the issuance of Urban Renewal Area. General Obligation Urban Renewal Bonds, to Section 2. That the Clerk is hereby directed the amount of not to exceed $6,000,000, as to cause at least one publication to be made of authorized by Sections 403.12 and a notice of the meeting, in a legal newspaper, 384.24(3)(q), of the Code of Iowa, for the pur-printed wholly in the English language, pub- pose of providing funds to pay costs of aiding lished at least once weekly, and having gener- in the planning, undertaking and carrying out al circulation in the City, the publication to be of urban renewal project activities under the not less than ten clear days before the date of authority of Chapter 403 of the Code of Iowa the public meeting on the issuance of the and the Amended and Restated Urban Re-Bonds. newal Plan for the Greater Downtown Urban Section 3. The notice of the proposed ac- Renewal Area, including those costs asso-tion to issue the Bonds shall be in substantially ciated with the construction of street, stormwa-the [provided] form. st ter, sanitary sewer, water, fiber optic, parking Passed and approved this 21 day of De- and other public improvements in the Historic cember, 2009. Millwork District, and the funding of grants, Roy D. Buol, Mayor loans and other financial assistance to private Attest: Jeanne F. Schneider, CMC, City Clerk developers to assist in rehabilitation of existing BOARDS/COMMISSIONS buildings and construction of housing devel- opment projects in the Millwork District; and Whereas, it is now deemed necessary and Appointments to the following Boards/ advisable that up to $2,500,000 of such Bonds Commissions: be designated for the purposes of and used to Housing Code Appeals Board. Two 3-year pay costs of providing grants, loans and other terms through January 11, 2013 (Terms of forms of financial assistance to private devel-Kinsella and Schaub). Applicants: William Kin- opers to assist in the rehabilitation of existing sella, 2 Julien Dubuque Drive; Robert Schaub, buildings and the construction of housing de-1745 Embassy West Drive. Motion by Connors velopment projects located throughout the to appoint William Kinsella and Robert Schaub Greater Downtown Urban Renewal Area; and to the Housing Code Board of Appeals for 3- Whereas, before the Bonds may be issued year terms through January 11, 2013. for such purposes, it is necessary to comply Seconded by Resnick. Motion carried 7-0. with the provisions of the Code, and to publish Human Rights Commission: One 3-year a notice of the proposal to issue such Bonds term through January 1, 2012 (Term of and of the time and place of the meeting at Driskell). Three 3-year terms through January Book 139 Regular Session, December 21, 2009 469 ORDINANCE NO. 60-09 1, 2013 (Terms of Eddy, Oswald and Winter- AN ORDINANCE AMENDING TITLE 16 OF wood). Applicants: Lori Apel, 3315 Spring Val- THE CITY OF DUBUQUE CODE OF ORDIN- ley Road; Marquita Bolden, 2757 Ventura ANCES, UNIFIED DEVELOPMENT CODE, Drive, #2; Lynn Sutton, 876 Yale Court, #1; BY RECLASSIFYING HEREINAFTER DE- Pam Sharrad, 836 Air Hill Street; R.R.S. (Ra- SCRIBED PROPERTY LOCATED AT COM- chael) Stewart, 460 Summit Street; Robert MERCE PARK FROM CS COMMERCIAL Yunk, 815 Rose Street, #2. Upon roll-call vote SERVICE AND WHOLESALE DISTRICT TO Lori Apel, Lynn Sutton, and Pam Sharrad were R-4 MULTI-FAMILY RESIDENTIAL DIS- appointed to the Human Rights Commission TRICT for 3-year terms through January 1, 2013, and R.R.S. Stewart was appointed to a 3-year term NOW, THEREFORE, BE IT ORDAINED through January 1, 2012. BY THE CITY COUNCIL OF THE CITY OF Mediacom Charitable Foundation: Two 1-DUBUQUE, IOWA: year terms through December 31, 2010 Section 1. That Title 16 of the City of Du- (Terms of Chavenelle and Twining). Appli-buque Code of Ordinances, Unified Develop- cants: Gail Chavenelle, 1155 Kelly Lane; and ment Code, is hereby amended by reclassify- Connie Twining, 421 North Booth Street. Mo-ing the hereinafter-described property from CS tion by Lynch to appoint Gail Chavenelle and Commercial Service and Wholesale District to Connie Twining to the Mediacom Charitable R-4 Multi-Family Residential District, to wit: Foundation for 1-year terms through Decem-Lots 1, 3, 10 and C of Block 3 Westbrook Sub- ber 31, 2010. Seconded by Braig. Motion car-division, and to the centerline of the adjoining ried 7-0. public right-of-way, all in the City of Dubuque, Iowa. PUBLIC HEARINGS Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- Upon motion the rules were suspended al-sory Commission of the City of Dubuque, lowing anyone present to address the City Iowa. Council. Section 3. This ordinance shall take effect immediately upon publication, as provided by Request to Rezone – Commerce Park: law. st Proof of publication on notice of public hearing Passed, approved and adopted this 21 to consider a request from Joel Callahan to day of December, 2009. rezone property located at Commerce Park /s/Roy D. Buol, Mayor: from CS Commercial Service and Wholesale Attest: District to R-4 Multi-Family Residential District /s/Jeanne F. Schneider, CMC, City Clerk and Zoning Advisory Commission recommend-Published officially in the Telegraph Herald th ing approval. Newspaper the 26 day of December, 2009. Communication from Ron and Jane Ainley /s/Jeanne F. Schneider, CMC, City Clerk regarding the rezoning change to Lot 8 of Westbrook Subdivision next to the industrial Request to Rezone – North End of Mill- park. stone Drive: Proof of publication on notice of Motion by Jones to receive and file the public hearing to consider a request from Brian documents and that the requirement that a Kane / Westside Arterial Development, LLC to proposed ordinance be considered and voted rezone property located at the north end of on for passage at two Council meetings prior Millstone Drive from R-1 Single Family Resi- to the meeting at which it is to be passed be dential District and R-3 Moderate Density Mul- suspended. Seconded by Resnick. Motion ti-Family Residential District to PR Planned carried 7-0. Residential District and Zoning Advisory Motion by Jones to receive and file the Commission recommending denial. documents and adopt Ordinance No. 60-09 Communications from Daniel and Janice Amending Title 16 of the City of Dubuque Smith, Don and Shirley Foley, Terry and Jenny Code of Ordinances by reclassifying hereinaf-Balk, Lynn and Fred Waelchi, Ronald and ter described property located at Commerce Joan Holm, and Fred and Mary Sievers in op- Park from CS Commercial Service and Whole-position to the proposed rezoning of the north sale District to R-4 Multi-Family Residential end of Millstone Drive. District. Seconded by Resnick. Joel Callahan, Motion by Connors to receive and file the Callahan Construction, 1769 Commerce Park, documents and concur with the denial of a spoke in support of the rezoning. Planning proposed ordinance amending Title 16 of the Services Manager Laura Carstens provided a City of Dubuque Code of Ordinances, Unified staff report. Motion carried 7-0. Development Code, by reclassifying hereinaf- ter described property located southeast of the intersection of the Northwest Arterial and Pla- za Drive from R-1 Single-Family Residential 470 Regular Session, December 21, 2009 Book 139 and R-3 Moderate Density Multi-Family Resi-mendation. Seconded by Resnick. Motion car- dential Districts to PUD Planned Unit Devel-ried 6-1 with Lynch voting nay. opment District with a PR Planned Residential designation and adopting a conceptual devel-Preliminary Master Plan for Roosevelt opment plan. Seconded by Voetberg. Attorney Park: City Manager submitting the preliminary Brian Kane, 2100 Asbury Road, described the Master Plan for re-development of Roosevelt project and spoke in support of the request to Park and requesting City Council review and rezone on behalf of Westside Arterial Devel-comments. Motion by Jones to receive and file opment owners Wayne Briggs and Tom Kelz-the documents. Seconded by Lynch. Leisure er, 137 Main Street. Planning Services Man-Services Manager Gil Spence provided a staff ager Laura Carstens and Zoning Advisory report. Council expressed their satisfaction with Commission Chairperson Jeff Stiles provided a the design elements and congratulated Mr. staff report. Attorney John Freund, 1005 Main Spence on his upcoming retirement. Motion car- Street, spoke on behalf of the residents of ried 7-0. Harvest View Estates and spoke in opposition to specific issues involving the current site Loras College Usage Agreement: City plan. Original property owner Marty Helle, Manager recommending approval to negotiate 2553 Wheatland Drive, provided background a Usage Agreement with Loras College for the regarding the sale of the property and de-use of Petrakis Park. Motion by Connors to scribed issues over the original covenants and receive and file the documents and approve the current owners’ site plan. Mark Gudenkauf, the recommendation. Seconded by Braig. Mo- 2493 Hilton Spring Drive; Steve Mai, 2592 tion carried 7-0. Hilton Springs Drive, Nick Goodman, 2774 University Avenue; Dan Smith, 2569 Wheat-Usage Agreement with Clarke College: land Drive; Bobby Martin, 2544 Wheatland City Manager recommending approval to ne- Drive; Mike Fitzpatrick, 2585 Wheatland Drive; gotiate a Usage Agreement with Clarke Col- Mark Elenz, 2505 Wheatland Drive; Terry Balk lege for the use of Veterans’ Memorial Park 2498 Millstone Drive; Mike Sievers, 2544 Hil-Field #2. Motion by Jones to receive and file ton Springs Drive; and Fred Waelchi, 2537 the documents and approve the recommenda- Wheatland Drive spoke in opposition to the tion. Seconded by Resnick. Motion carried 7-0. rezoning or in opposition to specific elements of the current proposed development. Greater I-Jobs Affordable Housing Program Assis- Dubuque Development Corporation Executive tance Grant Application: City Manager recom- Director Rick Dickinson, 300 Main Street, mending approval of an I-Jobs Affordable spoke in support of the rezoning and cited the Housing Assistance Grant application to the community’s immediate need for quality hous-Iowa Finance Authority for the Historic Wash- ing. Mr. Kane provided rebuttal. Motion to deny ington Neighborhood Rowhouse Project. Mo- the request to rezone carried 6-1 with Lynch tion by Voetberg to receive and file the docu- voting nay. ments and adopt Resolution No. 477-09 Ap- proving an I-Jobs Affordable Housing Program Upon motion the rules were reinstated li-Assistance Grant Application to the Iowa miting discussion to the City Council. Finance Authority for the Historic Washington Neighborhood Rowhouse Project. Seconded ACTION ITEMS by Jones. Motion carried 7-0. RESOLUTION NO. 477-09 Landlord Notification Regarding Police RESOLUTION APPROVING AN I-JOBS AF- Calls for Service: City Manager transmitting FORDABLE HOUSING PROGRAM ASSIS- information on the recently implemented sys- TANCE GRANT APPLICATION TO THE tem being used to notify rental property lan- IOWA FINANCE AUTHORITY FOR THE HIS- dlords or managers of selected police calls for TORIC WASHINGTON ROWHOUSES service occurring at the properties they either PROJECT own or manage. Motion by Connors to receive and file the documents. Seconded by Braig. Whereas, the State of Iowa has estab- Motion carried 7-0. lished a Housing Assistance Grant Program to assist in the development of housing in the Establishment and Management of Com-State of Iowa; and munity Garden Program: City Manager re-Whereas, the City of Dubuque has initiated commending approval to initiate the Request a Washington Neighborhood Revitalization for Proposals process for the Establishment Project, beginning in 2005, committing re- and Management of the Community Garden sources for renewal of a depressed downtown Program. Motion by Voetberg to receive and neighborhood; and file the documents and approve the recom-Whereas, the Washington Neighborhood Plan completed in 2009 supports promotion of Book 139 Regular Session, December 21, 2009 471 homeownership, historic preservation and pro-in the amount of $520,400.00, is the lowest vision of affordable housing; and responsive, responsible bidder for the Project. Whereas, the City Council finds that the NOW THEREFORE, BE IT RESOLVED proposed application is acceptable and neces-BY THE CITY COUNCIL OF THE CITY OF sary for the support of these initiatives. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED That a Public Improvement Contract for the BY THE CITY COUNCIL OF THE CITY OF Project is hereby awarded to Klauer Construc- DUBUQUE, IOWA: tion Co. and the City Manager is hereby di- Section 1. The City of Dubuque agrees to rected to execute a Public Improvement Con- sponsor an Affordable Housing Assistance tract on behalf of the City of Dubuque for the Grant Program Application to the Iowa Finance Project. st Authority for the Historic Washington Row-Passed, approved and adopted this 21 houses project. day of December, 2009. Section 2. That the Mayor is hereby autho-Roy D. Buol, Mayor rized and directed to execute this Resolution Attest: Jeanne F. Schneider, CMC, City Clerk and application on behalf of the City of Dubu- que and forward the executed copy to the Iowa Federal Legislative Priorities: City Manager Finance Authority. recommending approval of the City’s 2010 st Passed, approved and adopted this 21 Federal Legislative Priorities. Motion by Con- day of December, 2009. nors to receive and file the documents and Roy D. Buol, Mayor approve the recommendation. Seconded by Attest: Jeanne Schneider, CMC, City Clerk Lynch. Motion carried 7-0. Safe Community Task Force: City Manager Fiscal Year 2011 Budget Policy Guidelines: transmitting an update on the progress of the City Manager recommending approval of the Safe Community Task Force. Motion by Braig Budget Policy Guidelines for Fiscal Year 2011. to receive and file the documents. Seconded Motion by Connors to receive and file the doc- by Jones. Verbal reports were provided by uments and approve the recommendation. Rachael Daack, Research and Facts Commit-Seconded by Lynch. Resnick stated that he tee; Lynn Sutton, Neighborhood Engagement will not support a property tax rate increase. Committee; Terry Tobin, Enforcement Commit-Jones stated that item #10 relating to salary tee; and Joyce Connors, Management of increases over the amount budgeted for sala- Physical Environment Committee. Motion car-ries should be omitted as he believes it is the ried 7-0. definition of bad-faith bargaining. Motion car- ried 5-2 with Jones and Resnick voting nay. Historic Shot Tower Rehabilitation Project COUNCIL MEMBER REPORTS – Phase I: City Manager recommending award of the contract for the Historic Shot Tower Re- habilitation Project – Phase I to Klauer Con-Voetberg reported that he has been ap- struction Co. in the base bid amount of pointed to the Legislative Policy Committee for $520,400.00. Motion by Voetberg to receive the Iowa League of Cities. He requested that and file the documents and adopt Resolution staff research cell phone usage while driving No. 478-09 Awarding public improvement con-and to draft an ordinance banning the practice. tract for the Historic Shot Tower Rehabilitation Voetberg also requested a work session to Project – Phase I. Seconded by Jones. Motion review the First Transit contract. Council carried 7-0. reached consensus to have staff schedule a work session at the earliest convenience in RESOLUTION NO. 478-09 January or February 2010. AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE HISTORIC SHOT TOWER There being no further business, upon mo- REHABILITATION PROJECT – PHASE I tion the City Council adjourned at 9:40 p.m. Whereas, sealed proposals have been submitted by contractors for the Historic Shot /s/Jeanne F. Schneider, CMC Tower Rehabilitation Project – Phase I (the City Clerk Project) pursuant to Resolution No. 445-09 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa, on th the 20 day of November, 2009. Whereas, said sealed proposals were th opened and read on the 14 day of December, 2009, and it has been determined that Klauer Construction Co. of Dubuque, Iowa, with a bid 472 Regular Session, December 30, 2009 Book 139 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in special session at 1:00 PM on December 30, 2009 in City Hall, Conference Room A. Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lin- dahl Absent: Council Members Braig and Jones Mayor Buol read the call and stated this is a special session of the City Council to act upon such business that may properly come before the City Council. ACTION ITEMS Dubuque Cultural Preservation Committee Bill of Sale: City Attorney recommending ap- proval of the Dubuque Cultural Preservation Committee bill of sale for the Curtis Collection. Motion by Connors to receive and file the doc- uments and approve the recommendation. Seconded by Voetberg. Motion carried 5-0. There being no further business, upon mo- tion the City Council adjourned at 1:05 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 139 INDEX 473 A A & B Tap .............................................................................................................................................. 327, 328 A & G Electric ........................................................................................................................................ 283, 347 A.Y. McDonald Park....................................................................................................................................... 173 Abstract of Votes .......................................................................................................................................... 417 Accessmyfuture Website .......................................................................................... See Prosperity Eastern Iowa Accessory Dwelling Units ............................................................................................................................... 247 Accident Fund Insurance Company ................................................................................................................ 321 ACHIEVE Healthy Communities .................................................................................................................. 6, 431 Acquisition Plats ..............................................................................................................................81, 263, 264 Acquisitions of Real Property and Easements ................................................................................................. 158 Adams Development, LLC .................................................................................................... See Port of Dubuque Adams, John ................................................................................................................................................. 425 Administrative Services Agreement ....................................................................................................... 353, 447 Admiral Sheehy Drive ............................................................................................................................ 132, 321 Adult Entertainment ..................................................................................................................................... 162 AECOM (Design Consultants) ...........................................................................................................................91 Aerial Orthophotography ................................................................................................................................52 Ainley, Ron and Jane ..................................................................................................................................... 469 Airport ..................................................................................................................See Dubuque Regional Airport Airport Commission Membership ..................................................................................................................................... 285, 314 Minutes Submitted ....................................................................................................................... 15, 45, 347 Alcohol and Tobacco Violations Code Amendment ........................................................................................ 152 Alcohol Civil Penalty Hearing for Tott's Tap .................................................................................................... 168 Alcohol Compliance – Civil Penalties for Alcohol License Holders ... 20, 87, 107, 141, 157, 160, 173, 188, 230, 249, 351 Alcohol Regulations, Amendment to Code of Ordinances Chapter 5 .................................................................63 Aldi Stores ............................................................................................................................................ 353, 354 Allen, Anthony ...................................................................................................................................... 420, 433 Alley Cart Program ..........................................................................................................................................43 Alliant Energy ......................................................................................................................................... 21, 415 Alliant Energy Amphitheater ............................................................................................... See Port of Dubuque Allied Property and Casualty Insurance .......................................................................................................... 198 All-Terrain Vehicles (ATV) ...................................................................................................................... 261, 274 Alta Vista Research ....................................................................................................................................... 435 Alternative Services Concepts ................................................................................................................... 2, 353 Althoff, Marilyn...............................................................................................................................................78 Alvord, Dennis .............................................................................................................................................. 276 America Planning Association ........................................................................................................................ 413 America’s River Corporation .................................................................................................................... 78, 219 American Airlines ............................................................................................................................................93 American Legion Post #6 ................................................................................................................ 138, 203, 204 American Recovery and Reinvestment Act of 2009 ........................................... 131, 283, 372, 380, 435, 448, 452 American Reinvestment and Recovery Act of 2009 ........................................................................................ 173 American Trust and Savings Bank ............................................................................................................ 88, 266 Americans with Disabilities Act (ADA) ................................................................................................ 26, 40, 136 AmeriCorps ............................................................................................................................ 137, 229, 417, 426 Amphitheater ..................................................................................................................... See Port of Dubuque Amtrak ......................................................................................................................................................... 137 Anderson, Jason ............................................................................................................................................ 179 Anderson, Jerry ............................................................................................................................................. 109 Anderson, Joey ............................................................................................................................................. 262 Andre, Lee Harlow ........................................................................................................................................ 271 Angie’s Bar............................................................................................................................................ 107, 327 Anglese, Ryan ................................................................................................................................ 193, 194, 205 Annexation 474 INDEX Book 139 City Development Board Decision .......................................................................................................... 16, 45 City Development Board, Westside Annexation ......................................................................................... 131 Legislative Correspondence House File 160 ................................................................................................ 130 Middle Road Rezoning (Gerhard) .................................................................................................................36 Population of Annexed Areas Certification ................................................................................................. 140 Water Towers in Future Areas .....................................................................................................................43 Annual Action Plan ... See Community Development Block Grant, Community Development Advisory Commission Anstoetter Construction Co. .......................................................................................................................... 199 Apartments, The (Dubuque Mining Company) .................................................................................................54 Apel, Lori .............................................................................................................................................. 433, 469 Apple Corporation (Applebee’s Neighborhood Grill & Bar) ............................................................................. 204 Applebee’s Neighborhood Grill & Bar .................................................................................................... 141, 204 Applewood Senior Housing Apartments ................................................................................................ 108, 146 Aragon Tap ........................................................................................................................................... 267, 407 Aramark Educational Service, Inc. .......................................................................................................... 145, 328 Arbor Estates ..................................................................................................................................................17 Arby’s Fast Food ............................................................................................................................ 188, 230, 327 ArcGIS .......................................................................................................................................................... 130 Arensdorf Excavating & Trucking, Inc. .......................................................................................................... 3, 46 Arensdorf, Pam ..................................................................................................................................... 203, 432 Arensdorf, Phil .............................................................................................................................................. 170 Art Market .......................................................................................................................... 431, See Vision Iowa Art on the River ..................................................................... See Arts and Cultural Affairs Advisory Commission Arts and Cultural Affairs Advisory Commission Art on the River 2009 ................................................................................................................................ 167 FY 2010 Arts and Culture Funding Program ................................................................................................ 201 Membership ..................................................................................................................................... 193, 205 Minutes Submitted ............................................................ 15, 29, 105, 128, 170, 181, 218, 295, 404, 413, 426 Asbury Road ................................................................................................................................................. 424 Asphalt Paving Program ................................................................................................................................ 427 Assessments 2008 Sidewalk Assessment Program ............................................................................................................. 2 Cleveland Avenue Reconstruction Project .................................................................................................. 405 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts ............................... 20, 141, 249, 368 Grass and Weed Cutting ............................................................................................................................ 184 Green Alley Pilot Project – Alley between Jackson and White Streets from 11th to 13th Streets .................. 174 Historic Old Main Street Lighting and Sidewalk Replacement Project .................................................. 105, 139 Oak Grove Sanitary Sewer and Water Main Extension Project ............................................................ 8, 24, 39 Public Right-of-Way Replacements or Corrections ...................................................................................... 464 Quince Street Underground Utility Reconstruction Project ......................................................................... 199 Rush Street Reconstruction Project............................................................................................................ 230 Snow and Ice Removal............................................................................................................................... 187 Snow Removal and Right-of-Way Obstruction Removal .............................................................................. 186 Vacant and Abandoned Buildings and Problem Property ............................................................................ 185 Weed, Garbage, Junk Enforcement ............................................................................................................ 279 Assistance to Firefighter Grant Program ........................................................................................................ 170 Association of Fundraising Professionals ........................................................................................................ 404 Association of Public Treasurers of the United States and Canada .......................................................... 163, 296 Atkinson, Linda Kay (Bar-X)............................................................................................................................ 174 Authorized Depository Institutions ................................................................................................................ 189 Avilés, Jesús ............................................................................................................................................ 88, 143 AWN Stop Mart ......................................................................................... 22, 173, 174, 188, 230, 252, 267, 394 B B & C Cathedral Development, LLC ............................................................................ 350, See St. Raphael School B&C Cathedral Development, LLC .................................................................................................................. 367 Baker, Dave ....................................................................................................................................................77 Balk, Terry and Jenny .................................................................................................................................... 469 Book 139 INDEX 475 Bammer’s Sports Bar and Grill ............................................................................................................... 267, 268 Bandana’s Bar-B-Q ........................................................................................................................................ 303 Bandana’s Missouri, LLC (Bandana's Bar-B-Q) ................................................................................................ 303 Bank Bar & Grille, The ................................................................................................................................... 395 Barton Randle Second Addition ..................................................................................................................... 464 Bar-X .................................................................................................................................................... 173, 174 Basket Expressions ................................................................................................................................ 252, 253 Battlefield Dubuque, LLC ............ 344, 356, 432, See Dubuque Ice and Recreation Center, Northern Lights Hockey BBVA Compass .............................................................................................................................................. 189 Beau, Linda ........................................................................................................................................... 278, 279 Beaves, Dave ..................................................................................................................................................80 Bechen, John ........................................................................................................................................ 413, 426 Bechtel, Gary ................................................................................................................................................ 198 Bee Branch Creek Restoration Project ................................................................................................... 338, 372 Acceptance of Warranty Deed .....................................................................................................................29 Bond Reimbursement................................................................................................................................ 302 Eminent Domain Proceedings at 1553 Maple Street ................................................................................... 282 I-JOBS Application for Lower Portion ......................................................................................................... 290 Lower Bee Branch Creek Restoration Project ..................................................................................... 413, 417 Purchase of 1576 Maple Street ..................................................................................................................... 5 Purchase of 1597 Maple Street .................................................................................................................. 233 Purchase of 2268 Washington Street ...........................................................................................................51 Purchase of 317-319 East 22nd Street..........................................................................................................31 Purchase of 502-502 Rhomberg Avenue .................................................................................................... 246 Special Session, Landscape Design ...............................................................................................................12 Bee Branch Floodwall Pumping Station Auxiliary Power Project ..................................................................... 283 Beecher Beverage ................................................................................................................................. 190, 203 Bees, Reverend Tim ......................................................................................................................................... 2 Bell Tower Productions ......................................................................................................................... 252, 253 Bell, Joe ........................................................................................................................................................ 271 Bellings, Jacob, R. ...................................................................................................................................... 15, 16 Bemboom, Leora .......................................................................................................................................... 337 Bemis, Pastor Terry ....................................................................................................................................... 278 Beresford, Edward ................................................................................................................................ 218, 219 Bergfeld Recreation Area Detention Basin Maintenance ................................................................................................................... 353 Trail Project ....................................................................................................................... 237, 260, 276, 353 BHW, LLC (Silver Dollar Cantina) .................................................................................................................... 174 Bichell, Mary Loney ........................................................................................................................ 194, 205, 240 Bickel, Reverend Nancy .................................................................................................................................... 2 Bicycle Ordinance ................................................................................................................................. 339, 408 Biedermann, Sarah........................................................................................................................................ 407 Bierstube, The....................................................................................................... See Europa House Restaurant Big 10 Mart ............................................................................................................... 32, 173, 174, 203, 394, 395 Billmeyer, Judd ......................................................................................................................................... 15, 16 Bitter, Kathy.................................................................................................................................................. 315 Blackbourn, Camille ...................................................................................................................................... 246 Blanche Avenue .................................................................................................................................... 354, 400 Blazin Wings, Inc. .......................................................................................................................................... 163 Blocker, Robert ..................................................................................................................................... 194, 205 Blodgett, Joe ................................................................................................................................................. 278 Blue Sky $ LTD (Jumper’s Sports Bar & Grill) ................................................................................................... 395 Bluff Street Brew Haus .......................................................................................................................... 108, 109 Blum, Jamie .................................................................................................................................................. 218 Boge, Dan ............................................................................................................................................... 45, 404 Boge, Steve ................................................................................................................................................... 209 Bolden, Marquita .................................................................................................................................. 433, 469 Bonds ..............................................................................................................................See General Obligation Bonjour Estates ........................................................................................................................................... 2, 16 476 INDEX Book 139 Bonson and Stewart’s Subdivision ..................................................... 229, 325, 328, 350, 368, See McEvoy Street Bootleggers Pub ......................................................................................................................... 53, 54, 173, 174 Bowling and Beyond ............................................................................................................................. 351, 467 Boyer, Rowena.......................................................................................................................................... 80, 81 Bradley (Ronald, Jeffrey, and Brian) ......................................................................................................... 21, 161 Bradley Farm ................................................................................................................................................ 161 Braley, Congressman Bruce ........................................................................................................................... 173 Brannon, Mike .............................................................................................................................................. 157 Breezers Pub ................................................................................................................................................. 6, 7 Bregon, Nelson, General Deputy Assistant Secretary for HUD......................................................................... 182 Brewer, Chris (Economic Research Associates) .................................................................................................28 Brewer, Gary and Beverly ................................................................................................................................49 Bricktown Brewery............20, 35, 188, 234, 235, See RB Restaurant Management, Cooper Development Co., LLC Bridge Restaurant, The .......................................................................................................................... 417, 418 Bridwell, Mike .................................................................................................................................................12 Brinkmoeller, Deacon Dave ........................................................................................................................... 262 Brose, Bill ..................................................................................................................................................... 218 Brotherton, Douglas .............................................................................................................................. 285, 314 Brown, E. Dan .................................................................................................................................................80 Brown, Jonathon .............................................................................................................................................43 Brown, Michele...............................................................................................................................................79 Brown, Steve Sampson .................................................................................................................................. 245 Brownfield/Grayfield Redevelopment............................................................................................. 283, 350, 351 Bryant Street ........................................................................................................................... 77, 230, 231, 405 Budget FY 2009 Second Budget Amendment ................................................................................................. 146, 165 FY 2010 Budget Hearings for Five Flags Center, Grand River (Conference) Center, Park and Recreation Divisions, Information Services Department, and Cable TV Division ..........................................................76 FY 2010 Budget Hearings for Housing and Community Development, Planning Services, Economic Development, Parking Division, Transit Division .......................................................................................77 FY 2010 Budget Hearings for Human Rights, Finance, City Attorney's Office, City Manager’s Office, City Council, and City Clerk’s Office .................................................................................................................42 FY 2010 Budget Hearings for Purchase of Services, Library, Health Services, Fire Department .......................78 FY 2010 Budget Hearings for Water Department, Water Pollution Control Plant, Public Works Department, Engineering Department..........................................................................................................................43 FY 2010 Departmental Budget Hearings for Emergency Communications, Emergency Management, Airport, Police Department, Building Services .......................................................................................................93 FY 2010 Detailed Operating Budget for Five Flag Center ............................................................................. 170 FY 2010 First Budget Amendment ...................................................................................................... 308, 333 FY 2010 Operating Budget and Capital Improvement Program .....................................................................41 FY 2010 Operating Budget and Five Year Capital Improvement Program .......................................................54 FY 2011 Budget Policy Guidelines .............................................................................................................. 471 Buesing and Associates ............................................................................................................ 30, 354, 355, 400 Buffalo Wild Wings ....................................................................................................................................... 163 Bugalski, Richard ........................................................................................................................................... 130 Building Code Board of Appeals Membership ...................................................................................................................... 193, 205, 240, 256 Building Services Department ........................................................................... 52, 93, 95, 97, 122, 207, 210, 258 Bulko, Sister Charla ....................................................................................................................................... 321 Bulldog Billiards ..............................................................................................................................................89 Bullock, Jeffrey F. .......................................................................................................................................... 284 Bunker Hill Golf Course ............................................................................................................................. 82, 89 Burch Street.................................................................................................................................................. 170 Burchett, Carla .............................................................................................................................................. 321 Burlington Trailways ................................................................................................... 11, 92, 107, 157, 164, 190 Burrow, Kevin ............................................................................................................................................... 147 Business Accelerator Business Plan ................................................................................................................ 219 Business License Refunds .......................................................................................... See Liquor License Refunds Business Licenses ............................ See Liquor License Applications and Renewals, Tobacco License Applications Book 139 INDEX 477 Business Owner Association .......................................................................................................................... 137 Busted Lift, The ............................................................................................................................................. 107 Buswell, Doug .................................................................................................................................................19 Butcher, James J. .......................................................................................................................................... 198 C C & M Chains and Things ............................................................................................................................... 252 Cable Car Square ..............................................................................................................................30, 190, 307 Cable Franchise ............................................ See Municipal Cable Franchise, Mediacomm Communications Corp. Cable TV Division ...................................................................................................................................... 76, 95 Cable TV Regulatory Commission Membership ..................................................................................................................................... 194, 205 Minutes Submitted ........................................................................................................................... 105, 321 Cable TV Teleprogramming Commission Membership ..................................................................................................................................... 194, 205 Minutes Submitted ................................................................... 15, 45, 105, 157, 170, 198, 218, 246, 278, 321 PEG Capital Grant Expenditure Requests .............................................................. 107, 173, 201, 247, 282, 324 Cablecast Carousel ..........................................................................................................................................30 Café Manna Java ..............................................................................................................................32, 353, 354 Cahak, Abi..................................................................................................................................................... 426 Callahan Construction ............................................................................................................ 299, 420, 447, 469 Callahan, Carolyn ............................................................................................................................................45 Callahan, Joel ........................................................................................................................................ 420, 469 Callahan, William .......................................................................................................................................... 169 Campbell, Karin..................................................................................................................................... 296, 321 Capital Loan Notes ................................................................................. 33, 60, 82, 235, 255, 259, 314, 447, 452 Caradco Building, LLLP........................................................................................................................... 351, 367 Carlos O’Kelly’s Restaurant ............................................................................................................................ 303 Carnegie-Stout Public Library ........................................... 78, 79, 157, 201, 247, 294, 296, 324, See Library Board Carole Lindstrom (Dubuque by Carriage) ....................................................................................................... 107 Caroll, Carole ................................................................................................................................................ 404 Carr, Adams, and Ryder Company .............................................................................. See Caradco Building, LLLP Carr, Charles .................................................................................................................................. 128, 240, 256 Carstens, Laura ............................................................................................................................................. 169 1000 Friends of Iowa Award ...................................................................................................................... 426 2010 Census Proclamation ........................................................................................................................ 295 APA Award ................................................................................................................................................ 413 Downtown Design Guidelines .................................................................................................................... 214 FY 2010 Budget Presentation .......................................................................................................................77 Staff Reports ............................ 23, 55, 56, 59, 147, 149, 206, 209, 211, 257, 272, 286, 330, 396, 420, 469, 470 Sustainable Design Assessment Team (SDAT) Recommendations ............................................................... 125 Unified Development Code................................................................................................................ 180, 197 Carter Road Detention Basin ......................................................................................................................... 290 Carter Thomas, Claudette.............................................................................................................................. 364 Casey’s General Store .................................................................................................................... 163, 203, 303 Catfish Charlie’s Restaurant........................................................................................................................... 163 Catfish Creek North Fork Interceptor Sewer Project ...........................................................................................44, 144, 171 North Fork Sanitary Sewer Project Phase I .................................................................................. 177, 195, 199 North Fork Sanitary Sewer Project Phase II ................................................................................. 191, 212, 241 North Fork Stormwater and Sanitary Sewer Reconstruction Project Phase III ........ 355, 401, 408, 419, 434, 444 North Fork Water Main Improvements ...................................................................................................... 302 Catfish Creek Hike/Bike Trail ...........................................................................................................................76 Catfish Festival ...................................................................................................................................... 173, 174 Cawley, Edward .................................................................................................................................... 420, 433 CCW, LLC (HuHot Mongolian Grill) ................................................................................................................. 407 Cedar Cross Amoco .................................................................................................................. 54, 173, 174, 234 Cedar Ridge Farm Place No. 4 ..........................................................................................................................17 478 INDEX Book 139 Cellular Phone Service and Handsets ............................................................................................................. 282 Census 2010 .................................................................................................................................. 301, 315, 353 Center for Energy and Environmental Education (CEEE) ................................................................................. 417 Center Grove Drive ........................................................................................................................ 354, 399, 400 Central Coast Hospitality (Panchero's Restaurant).......................................................................................... 145 Certified Local Government (CLG) ............................................................................................................ 30, 281 CES II Properties, Inc. (The Bank Bar & Grille) ................................................................................................. 395 Chalmers, Brad ..................................................................................................................................... 194, 205 Chamber of Commerce ...................... 75, 178, 219, 394, 395, 401, 431, See Also Convention and Visitors Bureau Champions for Inclusive Communities Star Community Recognition ............................................................... 426 Champps Americana ..................................................................................................................................... 6, 7 Chances R Bar ............................................................................................................................................... 284 Chandlee, Chad ..................................................................................................................................... 271, 420 Channel Inn, The ............................................................................................................................ 160, 394, 395 Chapin, David.................................................................................................................................... 19, 50, 184 Chaplain Schmitt Island ................................................................................................................................. 343 Charles Stewart Mott Foundation .................................................................................................................. 277 Chase Home Finance, LLC .............................................................................................................................. 128 Chavenelle Court .......................................................................................................................................... 348 Chavenelle Road ......................................................................................................... 18, 23, 130, 133, 240, 433 Chavenelle, Gail .................................................................................................................................... 433, 469 Childhood Lead Poisoning Prevention Program (CLPPP) ......................................................................... 417, 466 Chris Kohlmann ........................................................................................................................................... 1, 76 Cigarette Licenses ...................................................................... See Tobacco License Applications and Renewals City Assessor ...................................................................................................... 52, 111, 263, 284, 326, 361, 400 City Attorney’s Office ......................................................................................................................................42 City Clerk’s Office .............................................................................................................................. 42, 95, 342 City Conference Board Minutes Submitted ......................................................................................................................45, 105, 413 City Council Appointments to Various Boards and Commissions ......................................................................................11 Compensation Task Force .................................................................................................................... 74, 179 Goal Setting Sessions................................................................................................................................. 294 Meeting Date Change ................................................................................................................................ 411 City Development Board ................................................................................................................... 16, 45, 131 th City Manager Employment Agreement 19 Amendment ............................................................................... 233 City Manager’s Office ................................................................................................................................ 42, 73 City of Asbury, Iowa ........................................................................................................................................16 City of Dubuque Code of Ordinances Adoption of Revised Code ......................................................................................................................... 291 Adoption of Supplement #1 ....................................................................................................................... 416 Amending Appendix A (Zoning)...................................See Requests to Rezone or Zoning Advisory Commission Amending Chapter 18, Electrical Code Board ................................................................................................ 9 Amendment to Sidewalk Installation Ordinance ......................................................................................... 155 Amendments Related to Water Meter Change Out .................................................................................... 214 Americans with Disabilities Act (ADA) .................................................................................................... 26, 40 Americans with Disabilities Act, Equal Pay Act ............................................................................................ 136 Collection and Disposal of Solid Waste Materials ....................................................................................... 101 Dissolving the Municipal Housing Agency Governing Board ........................................................................ 196 Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates .................... 101 General Penalty Amendment..................................................................................................................... 242 National Electrical Code ............................................................................................................................ 112 Operating without registration and Driver's License ................................................................................... 154 Panhandling .............................................................................................................................................. 409 Passenger Transfer Facilities ........................................................................................................................59 Planned Unit Development.............................................................................. See Planned Unit Development Prohibited Sales and Acts (Alcohol and Tobacco Violations) ........................................................................ 152 Readopting Chapter 5, Alcoholic Beverages .................................................................................................63 SFU Rate, Charges ..................................................................................................................................... 101 Book 139 INDEX 479 Valet Parking ......................................................................................................................................... 26, 40 Vehicles for Hire and Public Transportation .................................................................................................69 Water Rates for Fire Sprinkler Service ........................................................................................................ 101 City of East Dubuque, Illinois ......................................................................................................................... 142 City of Epworth, Iowa ....................................................................................................................................... 3 City of Farley, Iowa .........................................................................................................................................93 Civic Center Commission ..................................................................................... See Also Five Flags Civic Center Membership ..................................................................................................................................... 193, 205 Civil Service Commission Certified List for Accountant ...................................................................................................................... 296 Certified List for Engineering Technician .................................................................................................... 220 Certified List for Equipment Operator I ...................................................................................................... 404 Certified List for Equipment Operator II ..................................................................................................... 280 Certified List for Fire Equipment Operator ................................................................................................. 248 Certified List for Firefighter........................................................................................................................ 182 Certified List for GIS Specialist ................................................................................................................... 220 Certified List for Inspector II ........................................................................................................................45 Certified List for Laboratory Technician ...................................................................................................... 162 Certified List for Maintenance Worker .........................................................................................................45 Certified List for Mechanic ...........................................................................................................................16 Certified List for Medical Officer ................................................................................................................ 417 Certified List for Parking System Technician ......................................................................................... 16, 220 Certified List for Police Chief ...................................................................................................................... 280 Certified List for Police Officer ................................................................................................................... 394 Certified List for Sanitation Drive ............................................................................................................... 162 Certified List for Stock Clerk .........................................................................................................................16 Membership ............................................................................................................... 110, 131, 133, 256, 270 Minutes Submitted ............................................. 2, 138, 170, 198, 218, 246, 278, 295, 321, 365, 404, 413, 446 Transit Staffing ............................................................................................................................................95 Clark of Dubuque ........................................................................................................................... 6, 7, 141, 467 Clark, George ........................................................................................................................................ 426, 446 Clarke College ................................................................................................................................ 131, 262, 470 Clausen, Mike ............................................................................................................................................... 157 Clayton, Kenneth, M. ......................................................................................................................................82 Clean City Coalition Designation .................................................................................................................... 107 Cleveland Avenue ................................................................................................................................. 200, 405 Cline, Patricia ..................................................................................................................................................26 Closed Sessions ................................................. 41, 75, 92, 137, 155, 197, 217, 262, 277, 293, 318, 423, 425, 444 Club Sublime ......................................................................................................................................... 145, 353 Clubhouse, The ................................................................................................................................54, 160, 173 Coalition for Supreme Court Appeal ................................................................................................................. 6 Coalition for Various Telecommunication Filings ............................................................................................ 417 Code of Ordinances ............................................................................... See City of Dubuque Code of Ordinances Code Red Emergency Notification ............................................................................................................... 1, 43 Collective Bargaining ...........................................................................................................30, 31, 130, 284, 296 Colts Drum and Bugle Corps .................................................................................................................... 41, 198 Comiskey Park .............................................................................................................................................. 261 Commerce Park .................................................................................................................................... 420, 469 Community Development Advisory Commission Annual Action Plan ...................................................................................................... 9, 77, 96, 181, 249, 323 Membership ................................................................................................................................. 23, 34, 407 Minutes Submitted ............................................................................................................ 198, 218, 321, 426 Community Development Block Grant (CDBG) Access Ramp Installation Project ....................................................................................................... 129, 349 Annual Action Plan ...................................................................................................... 9, 77, 96, 181, 249, 322 CAPER Report............................................................................................................................................ 323 Housing and Urban Development ...................................................................................................... 182, 232 HUD Recovery Grant ................................................................................................................................. 281 Prohibition of the Use of Excessive Force ................................................................................................... 393 480 INDEX Book 139 Release of Funds ....................................................................................................................................... 142 Teresa Shelter, Maria House ........................................................................................................................79 Washington Neighborhood........................................................................................................................ 326 Community Disaster Grant ............................................................................................................................ 131 Community Economic Betterment Account Contract (CEBA) ............................................................................88 Community Foundation of Greater Dubuque .................................................................................. 137, 232, 431 Community Garden Program ......................................................................................................................... 470 Community Oriented Police .............................................................................................................93, 136, 141 Community Restoration and Revitalization Act .............................................................................................. 406 Companion Life ............................................................................................................................................. 221 Comprehensive Annual Financial Report (CAFR)....................................................................................... 21, 234 Comprehensive Plan ....................................................................... 20, 36, 95, 267, 272, 273, 280, 352, 359, 414 Comprehensive Recycling Planning Task Force ............................................................................................... 284 Conference Center .......................................................................................................... See Grand River Center Confluence Design Consultants (Roosevelt Park) ............................................................................................ 199 Conlon Construction ..................................................................................................................................... 403 Connely, Teri...................................................................................................................................................30 Connolly Construction ................................................................................................................................... 276 Connors, Paula ................................................................................................................................................79 Consolidated Annual Performance and Evaluation Report (CAPER) ................................................................. 323 Convention and Visitors Bureau ..................................................................................................... 178, 219, 401 Cookin Something Up ............................................................................................................................ 417, 418 Cooper Development Company, LLC .............................. 88, See RB Restaurant Management, Bricktown Brewery Corbett, John ........................................................................................................................................ 426, 446 Cordes, John ................................................................................................................................................. 157 Corridor Preservation Zone .............................................................................................................................16 Corrigan, Mary Rose.........................................................................................................................79, 105, 168 Cottingham and Butler Healthcheck360 ......................................................................................................... 230 Courtside Sports Bar & Grill ............................................................................................................ 188, 267, 268 CPAT Pilot Program (Fire Department) .............................................................................................................80 Craddieth, Janice ............................................................................................................................................59 Craven, Susan ....................................................................................................................................... 198, 219 Creative Frontier, Inc..................................................................................................................................... 435 Creative Touch Gallery, Inc. ........................................................................................................................... 174 Crescent Heights Subdivision ...........................................................................................................................17 Creslanes Bowling, Inc. .................................................................................................................................. 204 Crime Task Force................................................................................................ See Safe Community Task Force Croissant, Thomas .................................................................................................................. 256, 270, 420, 433 Crowe, Brian ................................................................................................................................................. 107 Cruise, Marla ........................................................................................................................................ 193, 205 Cue Master’s Billiards ............................................................................................................................ 351, 432 Culbertson, Dorothy .............................................................................................................................. 270, 285 Culver, Governor Chester J. ............................................................................................................ 107, 168, 284 Cuningham Group ..................................................................................................................................... 28, 63 Curler, Dan ................................................................................................................................................... 404 Curtis Collection, The .................................................................................................................................... 472 Curtis Street.................................................................................................................................................. 349 Curtis, John ................................................................................................................................................... 407 Curtiss, David ................................................................................................................................................ 396 Cyze, Mike .................................................................................................................................................... 262 Czeshinski, Sue...................................................................................................................................... 157, 262 D Daack, Rachael ...................................................................................................................................... 364, 471 Dailey, Gordon and Kathy .......................................................................................................................... 45, 80 Dale Carnegie Supervisory Training................................................................................................................... 5 DAMA Corp. (Rainbow Lounge) ..................................................................................................................... 395 Daniels, Robert W. ........................................................................................................................................ 214 Book 139 INDEX 481 Daoud, Charles A................................................................................................................................... 151, 152 Darter, Chad ......................................................................................................................................... 194, 205 Daughters, Kenneth ...................................................................................................................................... 128 David, Jim ................................................................................................................................................... 2, 16 Days Inn & Spirits Bar .................................................................................................................................... 190 DDA Enterprise, Inc. (A&B Tap) ...................................................................................................................... 328 Deborah Drive .............................................................................................................................................. 296 Decker, Len ................................................................................................................................................... 435 Declaration of Official Intent (Bond Projects Reimbursement) ........................................................................ 302 Deines, Chelsea ..................................................................................................................................... 365, 366 DeJong, Aaron .......................................................................................................................................... 28, 77 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts ................................... 20, 141, 249, 368 Demolition by Neglect ................................................................................................................................... 272 DeMoss, Kevin .............................................................................................................................................. 330 Denny’s Lux Club ..................................................................................................... 173, 174, 234, 235, 353, 407 Desman Associates ....................................................................................................................................... 214 Destination for Opportunity .......................................................................................................................... 219 Deutmeyer, Kelley Hutton ............................................................................................................................. 407 Deutsche Bank National Trust Company ........................................................................................................ 128 Developer’s Roundtable ................................................................................................................................ 169 Devon Drive ............................................................................................................................................ 81, 205 Diamond Jo Casino .......................................................................................................... 203, 214, 234, 235, 262 Dickinson, Rick ............................................................................................... 10, 24, 61, 241, 396, 420, 421, 470 Dietzel, Katherine ................................................................................................................................. 219, 246 Digital Flood Insurance Rate Map (DFIRM) ....................................................................... 266, 301, 327, 414, 464 Digital Orthophotography, Digital Terrain Model, and Contour Creation ...........................................................52 Digital TV Transition ........................................................................................................................................53 Direct Financial Assistance ............................................................................................................................ 435 Disability Mentoring Day ............................................................................................................................... 393 District, The (Bar) .......................................................................................................................................... 353 Diverse Dubuque - A Focus on National Origin ............................................................................................... 190 Diversity in the Workplace Committee .......................................................................................................... 393 Dock Board Building ...................................................................................................................................... 107 Dodge St. Entertainment (Champps Americana) ............................................................................................... 7 Doe Court .......................................................................................................................................................46 Dog Gone, Inc. (The Dog House Lounge) ........................................................................................................ 353 Dog House Lounge, The ................................................................................................................................. 353 Dog Park ..........................................................................................................................................See Pet Park Dolan, Courtney ..............................................................................................................................................29 Dollar Dish Restaurant .................................................................................................................................. 131 Dolter, Mildred ............................................................................................................................................. 253 Donahue, Laurette ..........................................................................................................................................95 Donavon, Inc. ................................................................................................................................................ 284 Donovan, Shaun, U.S. Department of Urban Development ............................................................................. 131 Downtown Design Guidelines ................................................................................................................ 214, 413 Downtown Eagle, Inc. (Eagle Country Market) ....................................................................................... 303, 351 Drain Tile Project 2008 .................................................................................................................................. 296 Drainage Basin Master Plan .................................................................................................... 5, 31, 51, 233, 246 Dresdner, Andrew (Cuningham Group) ............................................................................................................28 Dress, Leonard ................................................................................................................................................22 Drew Cook & Sons Excavating Co., Inc. ................................................................................. 4, 40, 276, 348, 427 Driscoll, Sister Beth ....................................................................................................................................... 321 Driskell, Terry........................................................................................................................................ 150, 426 Drug Awareness Resistance Education (DARE) ............................................................................................... 431 Dubuque Area Labor Management Council .......................................................................................10, 219, 235 Dubuque Art Center ...................................................................................................................................... 201 Dubuque Bank & Trust Company .......................................................................................... 14, 27, 53, 172, 202 Dubuque Bowling Lanes ........................................................................................................................ 204, 230 Dubuque Building .......................................................................................... 13, 14, 27, 61, See Roshek Building 482 INDEX Book 139 Dubuque Building Trades On-Site Program (DBTOP)....................................................................................... 289 Dubuque by Carriage (Carole Lindstrom) ....................................................................................................... 107 Dubuque Casino Hotel LLC (Hilton Garden Inn/Houlihan's Restaurant) ........................................................... 327 Dubuque Community School District .......................................................... 53, 107, 263, 289, 308, 426, 431, 436 Dubuque County Board of Health .................................................................................................................. 417 Dubuque County Board of Supervisors .................................................................................................. 308, 417 Dubuque County Fine Arts Society ......................................................................................................... 303, 304 Dubuque County Historical Society .......................................................................... 109, 213, 234, 261, 284, 301 Ice Harbor Lease ....................................................................................................................................... 315 Dubuque Cultural Preservation Committee.................................................................................................... 472 Dubuque Drum and Bugle Corps .................................................................................................................... 173 Dubuque Eagles Club ................................................................................................................................ 53, 54 Dubuque Golf and Country Club ............................................................................................................ 130, 173 Dubuque Greyhound Park and Casino .............................................................. 31, 88, 143, See Mystique Casino Dubuque HEART Program................................................................................................................................. 3 Dubuque Humane Society ......................................................................................... 22, 196, 202, 337, 406, 407 Dubuque Ice and Recreation Center, Inc. (DICE) ..328, 356, 432, See Battlefield Dubuque, Northern Lights Hockey Development Agreement and Lease Agreement ........................................................................................ 344 Dubuque Industrial Center North Seigert Farm Area ..............................................................................................................................18 Planned Unit Development District ....................................................................................... 23, 133, 240, 433 Urban Renewal Tax Increment fund .............................................................................................................96 Dubuque Industrial Center West ........................................................................................................... 309, 335 Adams Development, LLC .......................................................................................................................... 141 Chavenelle Court 2008 Project................................................................................................................... 348 Chavenelle Road Access Points .................................................................................................................. 130 Digital Flood Rate Insurance Map (DFIRM) ................................................................................................. 464 Economic Development District ................................................................................................................. 338 Maylay Holdings, LLC ................................................................................................................................. 326 North Siegert Farm .............................................................................................. 140, 192, 213, 234, 242, 299 Utility Easement for Industrial Tech Building .............................................................................................. 415 Wetlands Monitoring ........................................................................................................................ 130, 173 Dubuque Initiatives .........................................................................................................................................26 Collateral Assignment of the Development Agreement with the City of Dubuque ....................................... 182 Council Representation ............................................................................................................................. 134 Dubuque Building.................................................................................................. 14, 27, See Roshek Building Dubuque Industrial Center PUD ............................................................................................ 23, 133, 240, 433 Freestanding Sign Regulations ................................................................................................................... 211 International Business Machines Corporation (IBM) ............................................... 13, 27, 35, 53, 61, 172, 202 New Market/Historic Tax Credits ............................................................................................................... 143 Physical Infrastructure Assistance Program ........................................................................................ 126, 134 Retail Expansion Funding ........................................................................................................................... 219 Washington Neighborhood Development Corporation ............................................................................... 137 Dubuque Jaycees ............................................................................................................ 145, 173, 174, 190, 276 Dubuque Junior Chamber .............................................................................................................................. 436 Dubuque Levee and Floodwall System ........................................................................................................... 159 Dubuque Main Street ........................................................................................................ 26, 213, 219, 233, 413 Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ...................................................... 31, 43, 201, 280 Dubuque Mining Company ...................................................................................................................... 53, 252 Dubuque Montessori School ................................................................................................................. 253, 270 Dubuque Nursery and Landscaping ............................................................................................................... 172 Dubuque Plumbing and Heating Company ............................................................................................. 105, 157 Dubuque Professional Firefighters Association Local #353................................................................................30 Dubuque Property Management, LLC ..............................................................................................................48 Dubuque Quick Stop Mart ..................................................................................................................... 284, 285 Dubuque Racing Association .......................................................................... 11, 31, 88, 108, 235, 344, 356, 432 Board Member Appointments ................................................................................................................... 422 Dubuque Regional Airport ............................................................................ 93, 95, 130, 294, 309, 335, 338, 372 Terminal Relocation Project................................................................................................................. 21, 161 Book 139 INDEX 483 Dubuque Religious Center ................................................................................................................................ 7 Dubuque Senior High School ......................................................................................................................... 173 Dubuque Stamping and Manufacturing, Inc. ........................................................................................ 53, 80, 87 Dubuque Sustainable Design Assessment Team (SDAT) .................................................................................. 125 Dubuque Water Ski Club ............................................................................................................................... 142 Dubuque Water Trail Grant ..................................................................................................................... 20, 352 Dubuque Works Workforce Development Program ........................................................................... 10, 61, 219 Dubuque, Inc. (Shot Tower Inn) ..................................................................................................................... 163 Duffy, Clint (d/b/a Garrett Waterproffing) ..................................................................................................... 170 Duffy, Ken .......................................................................................................................................................29 Duggan, Charles .................................................................................................................................... 194, 205 DuRide.................................................................................................................................................. 217, 265 Durrant Group, The ........................................................................................................................ 198, 202, 302 E E.B. Lyons Interpretive Center ...............................................................50, 81, 140, 143, 159, 238, 260, 289, 353 Eagle Country Market ........................................................................................................................... 234, 303 Eagle Point Park ................................................................................ 176, 189, 195, 198, 277, 289, 302, 366, 427 Eagle Point Trolley Line Trail Project ....................................................................................... 176, 195, 198, 366 Eagle Point Water Plant.................................................................................................................. 268, 287, 317 Eagle Point Water Plant West .......................................................................................... 109, 133, 160, 247, 431 Earl, Colin ..................................................................................................................................................... 170 East – West Corridor Connectivity Study ............................................................................ 41, 150, 168, 245, 424 th East 15 Street ............................................................................................................................................. 415 th East 19 Street ............................................................................................................................................. 414 nd East 22 Street ................................................................................................................................... 23, 31, 36 East Central Intergovernmental Association (ECIA) ................................................................................ 296, 407 Eastern Iowa Excavating and Concrete, LLC.......................................................................................51, 300, 416 Econo Foods ........................................................................................................................................... 89, 203 Economic Development Administration .................................................................................. 157, 160, 232, 276 Economic Development Department ......................................................................................................... 77, 95 Economic Research Associates ........................................................................................................................28 Eco-Transit TIGGER Grant .............................................................................................................................. 189 Eco-Village Program ........................................................................................................................................77 Ecumenical Towers .........................................................................................................................................44 Eddy, Char ............................................................................................................................................ 407, 426 Edward Byrne Memorial Justice Assistance Grant (JAG) ................................... See Justice Assistance Grant (JAG) Edwards Cast Stone Company .........................................................................................................................47 Edwards Family Realty, LLC .............................................................................................................................24 Edwards Road ........................................................................................................................................... 24, 37 Edwards. Doug ................................................................................................................................................24 Eide Bailly, LLP .............................................................................................................................................. 201 El Paisano Grocery Store ........................................................................................................................... 53, 54 Electrical Code Board .................................................................................................................................... 112 Membership ..................................................................................................................................... 164, 177 Amendment to Code of Ordinances .........................................................................................................10 Minutes Submitted ............................................................................................................................. 29, 446 Electrical Code Ordinance ......................................................................................................................... 9, 112 Eleventh Street ......................................................................................................... 52, 107, 170, 194, 205, 240 Ellis, Charlie .......................................................................................................................................... 194, 205 Elm Street .......................................................................................................................................................48 Property at 1079, Historic Millwork District ........................................................................................ 265, 351 Property at 3040 (H&W Brewery) ............................................................. See LK Development & Storage, LLC EMC Insurance Companies ..............................................................................................................................15 Emergency Communications Department .................................................................................................. 93, 95 Emergency Management .......................................................................................................................... 93, 95 Eminent Domain ........................................................................................................................................... 282 Emotion Connection ..................................................................................................................................... 131 484 INDEX Book 139 Engelken, Noreen............................................................................................................................................80 Engelken, Richard A. ...................................................................................................................... 263, 284, 326 Engineering Department ................................................................................................................... 43, 95, 408 English Ridge Subdivision ................................................................................................................................24 English Ridge, LLC............................................................................................................................................24 Engraved Gift Collection ................................................................................................................................ 467 Enk, William .................................................................................................................................................. 138 Enshayan, Kamyar, Director, Center for Energy and Environmental Education ................................................ 417 Enterprise Zone ........................................................................................... 53, 88, See Housing Enterprise Zone Enterprise Zone Commission ...........................................................................................................................53 Lofts at Cathedral Square .......................................................................................................................... 367 Membership ....................................................................................................................................... 19, 234 Environmental Stewardship Advisory Commission ......................................................................................... 169 Membership ..................................................................................................................................... 313, 329 Methane Gas Communication ................................................................................................................... 141 Minutes Submitted ..................................................................................................... 105, 170, 198, 321, 404 Environmental Systems Research Institute (ESRI) ........................................................................................... 130 Enzler, Jerry ................................................................................................................................... 213, 261, 315 Eppler, Austin M. ............................................................................................................................................29 Equal Pay Act ................................................................................................................................................ 136 Erickson, David ..................................................................................................................................... 234, 284 Ervolino, John ............................................................................................................................................... 404 Essser, Matthew ................................................................................................................................... 256, 270 Estrella ................................................................................................................................ See La Estrella Store Ethel Street ........................................................................................................................................... 206, 256 Europa Haus Restaurant ................................................................................................................. 230, 394, 395 Every Child - Every Promise .................................................................... 76, 78, 79, 142, 218, 219, 271, 294, 420 Excellence in Economic Development Award ................................................................................................. 276 Express Scripts .............................................................................................................................................. 447 F Falb, Mark .................................................................................................................................................... 421 Family Mart, Inc. ........................................................................................................................................... 203 Famolo Iowa, Inc. (Los Aztecas Mexican Restaurant) ...................................................................................... 303 Faroog, Omer (Clark of Dubuque) .................................................................................................................. 303 Farrell, Sister Pat ........................................................................................................................................... 321 Fat Tuesday’s ........................................................................................................................... 87, 303, 327, 328 Federal Emergency Management Agency (FEMA) ............................................. 144, 159, 266, 301, 327, 414, 464 Federal Legislative Priorities .................................................................................................................... 11, 471 Federal Stimulus Grant Coordinator .............................................................................................................. 242 Federal Transit Administration ...................................................................................................................... 189 Federspiel, Jodi ............................................................................................................................................. 170 Ferring, James R. ........................................................................................................................................... 204 Fiesta Cancun Mexican Restaurant ................................................................................................................ 395 Finance Department ...........................................................................................................42, 95, 195, 201, 229 Financial Assistance Pool ............................................................................................................................... 430 Fink Street ................................................................................................................................................ 33, 59 Finzel, Mildred G. .......................................................................................................................................... 128 Fire Department ........................................................................................ 3, 78, 80, 95, 168, 309, 335, 338, 372 Fire Station No. 4 ................................................................................................................... 253, 270, 281, 465 Firnstahl, Kevin ..................................................................................................................................... 130, 155 First Transit ..................................... 127, 471, See also Keyline Transit, Transit Division, Transit Board of Trustees Fischer Lanes ........................................................................................................................................ 234, 235 Fitzgerald, Dan .............................................................................................................................................. 147 Fitzpatrick, Michael ....................................................................................................................................... 413 Five Flags Center ........................................................................... 5, 6, 76, 95, 170, 173, 174, 344, 356, 359, 431 Flexible Spending Plan................................................................................................................................... 426 Flood, Rebecca (Ken Saiki Designs) ..................................................................................................................12 Book 139 INDEX 485 Floodwall Levee Slope Stabilization Project ........................................................................... 22, 35, 51, 394, 416 Flora Park .............................................................................................................................. 253, 270, 301, 424 Flowers on Main ........................................................................................................................................... 145 Flynn, Suellen ........................................................................................................................................... 45, 80 Fogle, Associate Pastor Jeff ........................................................................................................................... 170 Foht, James, R. ................................................................................................................................................49 Foley, Don and Shirley ................................................................................................................................... 469 Fonck, Carolyn (The Channel Inn) .................................................................................................................. 395 Forty (40) Main, LLC ............................................................. 18, 179, 191, 212, 221, 266, 275, 282, 283, 304, 330 Forty-Four (44) Main Street ........................................................................................................................... 433 FOUR (4) ALL, LLC .................................................................................................................................. 151, 152 Four Mounds Foundation .................................................................................................................44, 150, 281 Foye Street ........................................................................................................................................... 353, 427 Frandsen, Barbara ......................................................................................................................................... 347 Frank, Sue ..................................................................................................................................................... 198 Fraternal Order of Eagles #568 .............................................................................. 278, See Dubuque Eagles Club Frederick, Joe........................................................................................................................................ 321, 347 Freiburger, Molly .................................................................................................................................. 296, 321 French Quarter Estates, LC ................................................................................................................ 2, 250, 369 Freund, John ................................................................................................................................................. 470 Friendly Locust Mart ............................................................................................................................. 267, 394 Friends of the Mines of Spain ............................................................. 21, 140, 143, 145, See Mines of Spain, The Fritsch, Bob .....................................................................................................................................................76 Frondsen, Barbara (Accident Fund Insurance Company) ................................................................................. 321 Frost, Doris ................................................................................................................................................... 194 Frye, Sharon ................................................................................................................................................. 157 Fuller, Cynthia ....................................................................................................................................... 194, 205 G G.M.S., Inc. (George Stephenson) ....................................................................................................................82 Gaherty, Shannon ...........................................................................................................................................61 Galle, John .................................................................................................................................................... 138 Galliart, Patricia and Lyle ............................................................................................................................... 295 Gansemer, Gary ...................................................................................................................................... 57, 149 Garfield Avenue ..................................................................................................................... 254, 271, 290, 428 Garrett Waterproofing (aka Clint Duffy) ................................................................................................. 170, 181 Gas N Go ...................................................................................................................................................... 467 Gasper, William ............................................................................................................................................... 5 Gehl, Randy ..................................................................................................................................................... 1 Geisler Brothers Company ..................................................................................................................... 244, 300 General Obligation Bonds ............................................. 27, 309, 311, 335, 337, 348, 361, 362, 363, 371, 372, 374 General Obligation Refunding Bonds ............................................................................... 310, 336, 337, 361, 386 General Obligation Urban Renewal Bonds .............................. 14, 27, 309, 335, 337, 361, 379, 418, 433, 447, 468 Generation Green ......................................................................................................................................... 302 Genuine Genius Solutions, LLC .............................................................................................................. 195, 213 Geographic Information System (GIS) ............................................................................................................ 130 Gerhard, Curtis ............................................................................................................................................. 235 Gerhard, Patricia .............................................................................................................................................45 Gerhard, Thomas and Karen ...................................................................................................................... 23, 36 Giannakouros, Theotoros ................................................................................................................................43 Giese Manufacturing ..................................................................................................................................... 130 Giese Properties, LLC............................................................................................................................. 130, 300 Giese Roofing Company ........................................................................................................................ 165, 413 Giese Sheet Metal ............................................................................................................................................ 5 Giese, Tom.................................................................................................................................................... 262 Gillen, Sara J. ..................................................................................................................................................45 Gillespie Street ......................................................................................................................................... 33, 59 Giltner, Gene ................................................................................................................................................ 138 486 INDEX Book 139 Gin Rickey’s Bar ........................................................................................................................................ 53, 54 Ginter, Donna (West Dubuque Tap) ....................................................................................................... 145, 155 Ginter, Geneva.............................................................................................................................................. 145 GMRI, Inc. (Olive Garden Restaurant) ............................................................................................................ 131 Goetz’s Bar ............................................................................................................................................. 32, 163 Goetzinger, James (Goetz’s Bar) .............................................................................................................. 32, 163 Goldstein, Scott ............................................................................................................................................ 137 Goodman, Geraldine M. ................................................................................................................................ 413 Goodmann, Ellen .................................................................................................................................... 95, 181 Goodmann, John E. ....................................................................................................................................... 296 Google Earth ................................................................................................................................................. 160 Gorrell, Paul ..................................................................................................................................................... 2 Gotta Have It, Inc. ......................................................................................................................................... 328 Gourley, Nancy ...............................................................................................................................................95 Governing Board of the Municipal Housing Agency .................................................................................. 94, 128 Minutes Submitted ................................................................................................................................... 105 Government Finance Officers Association .............................................................................................. 234, 353 Government Performance and Results Act (GPRA) ...........................................................................................30 Graf Farm ..................................................................................................................................................... 248 Graff, Lisa .......................................................................................................................................................79 Grand Harbor Resort and Water Park .................................................................................................... 417, 418 Grand Opera House ...................................................................................................................................... 350 Grand River Center ...................................................................................... 76, 95, 302, 327, 328, 344, 356, 359 Grand Tap, The ..................................................................................................................................... 327, 328 Grandview Avenue Dog Park ............................................................................................................See Pet Park Grants of Easement.................................................................................................................. 48, 264, 298, 299 Grassley, Lee (Mediacom Communications) ..................................................................... 108, 130, 189, 406, 417 Grassley, Senator Charles ...................................................................................................................... 173, 406 Grayfield Redevelopment .................................................................... See Brownfield/Grayfield Redevelopment Greater Downtown Urban Renewal District Adding Cable Car Square Subarea .............................................................................................................. 307 Adjacent Blighted Areas ............................................................................................................................ 307 Amended and Restated ..................................................................................................................... 307, 359 Amending Subareas .................................................................................................................................. 436 Amending TIF District ................................................................................................................................ 436 Downtown Design Guidelines .................................................................................................................... 214 Financial Assistance Pool RFP .................................................................................................................... 430 Forty (40) Main, LLC ............................................................................................................. 18, 191, 212, 221 IBM and Dubuque Initiatives ........................................................................................................... 13, 27, 61 Market-Rate Downtown Rental and Owner-Occupied Residential Units...................................................... 421 Parking Ramps ........................................................................................................................... 310, 338, 379 Port of Dubuque Merger ........................................................................................................................... 307 Greater Dubuque Development Corporation ................................... 10, 24, 61, 219, 241, 286, 396, 420, 421, 470 Board Appointments ................................................................................................................................. 180 Green Alley Pilot Project ........................................................................................................ 174, 194, 198, 366 Green, Robert ......................................................................................................................................... 43, 157 Greyhound Park Road ................................................................................................................................... 321 Grierson, Robert .............................................................................................................................................93 Griggs Environmental Strategies .................................................................................................................... 173 Gronen, John ........................................................................................................................................ 169, 364 Grothe, David ........................................................................................................................................... 55, 91 Ground Round, The ....................................................................................................................................... 108 Grove Terrace ............................................................................................................................................... 170 Groveland Place ............................................................................................................................................... 3 Grover, Molly ................................................................................................................................................ 364 GTW Pennsylvania LLC .................................................................................................................................. 396 Guns, Diann ............................................................................................................................... 79, 95, 240, 256 Book 139 INDEX 487 H H&W Brewery Building................................................................................. See LK Development & Storage, LLC H1N1 Influenza (Swine Flu).................................................................................................................... 168, 267 Haas, Patricia ................................................................................................................................................ 247 Hagar Enterprises, LLC ........................................................................................................................... 218, 219 Haggerty Enterprises (Ten Pin Tap) ................................................................................................................ 268 Hamel, Dan ................................................................................................................................................... 112 Hamel, Thomas J. ............................................................................................................................................29 Hammerand, Paula ....................................................................................................................................... 246 Hammerhead’s Bar and Billiards ........................................................................................................ 53, 54, 252 Hancock House Bed & Breakfast Inn .............................................................................................................. 190 Hansen, Charlotte A. ................................................................................................................................. 80, 81 Happy Joe’s Ice Cream and Pizza ................................................................................................................... 327 Happy’s Place ................................................................................................................................ 230, 327, 328 Hardie, Stephen .................................................................................................................................... 194, 205 Harkin, Senator Thomas ................................................................................................................. 173, 188, 406 Harle-Heim, Susan ..........................................................................................................................................22 Harris, Charles .............................................................................................................................................. 261 Harris, Daniel ........................................................................................................................................ 420, 433 Harris, David ........................................................................................................................................... 77, 137 Harris, Sarah ...................................................................................................................................................61 Hartig Drug ........................................................................................................... 22, 53, 54, 145, 173, 174, 203 Hartman, Ronald and Ellen ............................................................................................................................ 161 Harvest View Estates ..................................................................................................................................... 470 Haun, Michael............................................................................................................................................... 170 Haun’s Specialty Meats ................................................................................................................................. 160 Hauser, Alyssa....................................................................................................................................... 347, 393 Hawthorne Street ............................................................................................................................................ 4 Hayes, Sister Anita ........................................................................................................................................ 321 HDR Engineering, Inc. .............................................................................................. 134, 202, 245, 246, 327, 424 Health Alert Network (HAN) .......................................................................................................................... 142 Health Care Reform Legislation Letter of Support .......................................................................................... 296 Health Services ................................................................................................................................... 78, 79, 95 Healthcheck360 ............................................................................................................................................ 230 Healy, Pat ............................................................................................................................................... 77, 155 Heeb Street ................................................................................................................................... 311, 336, 348 HE-FR, Ltd. (Gin Rickey’s Bar) ...........................................................................................................................54 Heiar, Dave .................................................................................................. 61, 77, 127, 180, 195, 217, 346, 412 Heim, Debra A........................................................................................................................................... 80, 81 Heins, Steve .................................................................................................................................................. 157 Helle, Marty .................................................................................................................................................. 470 Helping Services for Northeast Iowa .................................................................................................. 51, 78, 219 Hemenway, Guy.................................................................................................................................... 180, 301 Hempstead High School Traffic Safety Improvements Project ....................................................................... 2, 49 Henkels, Ellen ..................................................................................................................................42, 193, 205 Henricks, Susan ................................................................................................................................79, 128, 347 Henriksen, Jeff .............................................................................................................................................. 346 Henry, Shayne....................................................................................................................................... 194, 205 Hernandez Corporation (Yen Ching Restaurant) ............................................................................................. 407 Hi Ho Mongolian Grill ............................................................................................................................ 188, 190 HIBA Petroleum (Clark of Dubuque)............................................................................................ 7, 141, 303, 467 Hickie, Leo ......................................................................................................................................................53 High Bluff Street .............................................................................................................................................46 Higley Chemical Building ....................................................................................................... See Forty Main, LLC Hildalgo, Inc. (Los Aztecas II Mexican Restaurant) .......................................................................................... 204 Hill Street Plaza ....................................................................................................................................... 54, 235 Hill Street Plaza Inc. ........................................................................................................................................54 Hillcrest Family Services ............................................................................................ 57, 149, 157, 246, 301, 425 488 INDEX Book 139 Hillery, Tracey ............................................................................................................................................... 128 Hills and Dales Senior Center ..................................................................................................................... 77, 78 Hilten, Reverend Jay...................................................................................................................................... 426 Hilton Garden Inn ......................................................................................................................................... 327 Hingtgen, Doris ..................................................................................................................................... 285, 314 Hingtgen, Mae ........................................................................................................................................ 78, 142 Hirschy, Reverend Loren ............................................................................................................................... 138 Historic Architectural Survey Phase VI ........................................................................................................... 281 Historic District Public Improvement Program (HDPIP) .....................................................................................21 Historic Federal Building...................................................................................................................49, 109, 189 Historic Millwork District ............................... 26, 28, 44, 62, 63, 158, 232, 241, 247, 265, 294, 296, 413, 418, 468 1079 Elm Street Building ........................................................................................................................... 351 Best Development and Leadership Award .................................................................................................. 426 Bike and Pedestrian Facilities..................................................................................................................... 324 Bond Issuance for Infrastructure ................................................................................................................ 433 Energy Analysis Request for Proposals ....................................................................................................... 125 Energy Plan ............................................................................................................................................... 141 Iowa Great Places Funding ........................................................................................................................ 352 Streets and Utility Improvements Request for Proposals ............................................................................ 184 Historic Preservation Commission Demolition by Neglect in Historic and Conservation Districts ...................................................................... 272 Downtown Design Guidelines .................................................................................................................... 214 Four Mounds Visitor Station ...................................................................................................................... 150 Individual Historic Designation of 44 Main Street ....................................................................................... 433 Julien Dubuque Monument Improvements Project ......................................................................................21 Library Entry Plaza Design Review .............................................................................................................. 201 Membership ....................................................................................................... 194, 205, 240, 321, 329, 356 Minutes Submitted ....................................................................... 105, 138, 170, 198, 246, 321, 347, 413, 426 National Preservation Month Photographs with City Council ...................................................................... 144 Northwest Corner of Bluff and Fifth Streets ............................................................................................... 416 Roshek Building, National Register of Historic Places .................................................................................. 301 Historic Resource Development Program (HRDP) ........................................................................................... 159 Historic Shot Tower Rehabilitation Project ........................................................................................................................ 255, 271 Rehabilitation Project Phase I ...................................................................................... 291, 395, 408, 422, 471 HJD Landlord/Manager, LLC (Hotel Julien) ..................................................................................................... 301 HJD Subtenant, LLC (Hotel Julien) .................................................................................................................. 418 Hoag, Denise............................................................................................................................................. 80, 81 Hodge, Mike ................................................................................................................................................. 364 Hoffman, Mary ............................................................................................................................................. 234 Holiday Inn Dubuque 5-Flags ......................................................................................................................... 432 Holm, Ronald and Joan .................................................................................................................................. 469 Holy Family Catholic Schools ......................................................................................................................... 431 Holz, Jim ............................................................................................................................................... 270, 285 Home Owners Association............................................................................................................................. 260 Homelessness Prevention and Rapid Re-Housing Program ............................................... 157, 247, 263, 322, 323 Hope Church ................................................................................................................................................. 365 Hoppmann, II, Mark ...................................................................................................................................... 347 Horizon Development ........................................................................................................................... 108, 147 Horsfield Construction, Inc. ............................................................................................................ 242, 348, 405 Horsfield, Tim .................................................................................................................................................77 Horstmann, Doug .......................................................................................................................................... 347 Hos, Scott D. ............................................................................................................................................. 15, 29 Hospice of Dubuque ...................................................................................................................................... 404 Hotel Julien ................................................................................................. 301, 417, 418, See HJD Landlord, LLC Houlihan’s Restaurant ................................................................................................................................... 327 House of China............................................................................................................................... 141, 234, 235 Housing and Community Development Department ................................................ 52, 77, 94, 95, 183, 324, 326 Housing Code Appeals Board Book 139 INDEX 489 Membership ...................................................................................................................9, 194, 266, 433, 468 Minutes Submitted .................................................................................................................... 170, 347, 404 Housing Commission Membership .............................................................................................................................. 270, 285, 407 Minutes Submitted ................................................................................ 29, 128, 181, 218, 262, 295, 404, 426 Housing Enterprise Zone .......................................................................................................... 53, 265, 266, 367 Housing Trust Fund Advisory Committee Membership ..................................................................................................................................... 285, 314 Minutes Submitted ........................................................................................................................... 198, 295 Housing Trust Fund Grant Application (Washington Neighborhood) ............................................................... 326 Hub on Main, Inc., The .................................................................................................................................. 145 Hubanks, Stacey ..............................................................................................................................................44 Hudson’s Classic Grill ......................................................................................................................................22 HuHot Mongolian Grill .................................................................................................................................. 407 Human Rights Commission Annual Report ........................................................................................................................................... 447 Membership ....................................................................................................... 150, 393, 417, 426, 433, 468 Minutes Submitted ............................................................................................... 45, 198, 262, 321, 365, 426 Human Rights Department ........................................................................................................................ 42, 95 Huntley, Susan (The Hancock House) ............................................................................................................. 190 Hurm, Matthew .................................................................................................................................... 413, 426 Hutchinson, Heath .................................................................................................................................. 91, 110 Hy-Vee Gas .......................................................................................................................... 7, 89, 203, 327, 467 Hy-Vee Wine and Spirits ................................................................................................................. 173, 174, 203 Hy-Vee, Inc. ............................................................................................. 7, 20, 89, 108, 109, 131, 174, 203, 432 I I Luv Food ............................................................................................................................................. 431, 432 IBM ......................................................................................... See International Business Machines Corporation IBRICO, Inc. (Fat Tuesday’s) ................................................................................................................... 303, 328 IC&E Railroad ................................................................................................................................................ 143 IIW Engineers and Land Surveyors, PC ............. 12, 90, 110, 130, 206, 264, 302, 306, 321, 322, 332, 353, 424, 427 I-JOBS .............................................................................................................. 179, 290, 367, 417, 429, 431, 470 Illinois Department of Transportation ............................................................................................................ 353 Indiana Subdivision ................................................................................................................ 105, 128, 131, 138 Individual Historic Designation .................................................................. See Historic Preservation Commission I-Net ............................................................................................................................................................. 107 Information Services Department .......................................................................................................... 1, 76, 95 Instant Replay ................................................................................................................................ 203, 431, 432 Intermodal Facility ........................................................................................................ 81, See Port of Dubuque Internal Revenue Service ................................................................................................................ 144, 372, 380 International Association of Firefighters ..........................................................................................................80 International Business Machines Corporation (IBM) ............................... 13, 27, 30, 35, 44, 61, 156, 202, 293, 413 First Amendment to Incentives Agreement ................................................................................................ 156 Form of Notice and Consent Agreement, Roshek Building Redevelopment ................................................. 172 FY 2010 Water Rate Reduction Funding ..................................................................................................... 319 Joint Development Agreement .................................................................................................................. 328 Master Consulting Services Agreement with David Lyons ........................................................................... 319 Second Amendment to Incentives Agreement ........................................................................................... 216 Smart Sustainable Dubuque Services Agreement ....................................................................................... 319 International UAW Local # 94 ........................................................................................................................ 467 International Union of Operating Engineers ................................................................................................... 284 Interstate Power and Light Company ..................................................................................................... 283, 415 Investment Oversight Advisory Commission Membership ..................................................................................................................................... 194, 205 Minutes Submitted .............................................................................................................. 45, 246, 262, 413 Reports Submitted ............................................................................................................... 29, 246, 262, 413 Investment Policy Recertification .................................................................................................................. 162 490 INDEX Book 139 Invocation Bemis, Pastor Terry ................................................................................................................................... 278 Bickel, Reverend Nancy ................................................................................................................................ 2 Brinkmoeller, Deacon Dave ....................................................................................................................... 262 Buol, Mayor Roy D. ................................................................................................................................... 446 Daughters, Kenneth .................................................................................................................................. 128 Driscoll, Sister Beth ................................................................................................................................... 321 Fogle, Associate Pastor Jeff........................................................................................................................ 170 Hilten, Reverend Jay .................................................................................................................................. 426 Hirschy, Reverend Loren ............................................................................................................................ 138 McGhee, Deacon David ....................................................................................................................... 80, 198 Meyer, Pastor Jennifer .............................................................................................................................. 246 Milligen, Reverend Kathleen ........................................................................................................................29 Mitchell, Associate Pastor Diane ................................................................................................................ 413 Raines, Pastor Rex ..................................................................................................................................... 295 Ressler, Monsignor Wayne .................................................................................................................. 45, 218 Sirk, Randy ................................................................................................................................................ 365 Thill, Deacon Jim ....................................................................................................................................... 181 Tyler, Elder Robert .................................................................................................................................... 105 Wadding, Reverend Judy ........................................................................................................................... 157 Whittenbaugh, Pastor Wayne ......................................................................................................................15 Young, Reverend Thomas .......................................................................................................................... 347 Zollman, Sister Mary Ann .......................................................................................................................... 404 Iowa 32................................................................................................ See Iowa Highway 32, Northwest Arterial Iowa Clean Air Attainment Program (ICAP) .................................................................................................... 326 Iowa Commission on Volunteer Service ......................................................................................................... 229 Iowa Community Cultural Grant .................................................................................................................... 158 Iowa Department of Economic Development (IDED) .... 30, 34, 53, 60, 88, 126, 134, 142, 156, 183, 216, 233, 265, 266, 267, 283, 293, 296, 350, 351, 435 Iowa Department of Homeland Security ........................................................................................................ 171 Iowa Department of Natural Resources ............................................. 20, 38, 50, 81, 142, 266, 280, 352, 414, 434 Iowa Department of Public Health .................................................................................................. 142, 168, 417 Iowa Department of Transportation .............. 16, 18, 31, 32, 91, 135, 140, 143, 248, 277, 324, 325, 328, 350, 360 Agreement for Traffic Safety Improvement Funding ................................................................................... 138 Iowa Finance Authority ..33, 60, 82, 83, 108, 236, 255, 259, 314, 326, 367, 417, 429, 434, 448, 450, 452, 470, 471 Dubuque Housing Study ............................................................................................................................ 430 Iowa Great Places .................................................................................................................. 247, 296, 352, 403 Iowa Highway 32.............................................................................................................. See Northwest Arterial Bike/Hike Trail................................................................................................ 30, 236, 259, 261, 266, 276, 414 Capacity Improvements Project ................................................................................................................. 427 Iowa Jobs ............................................................................................................................................ See I-JOBS Iowa League of Cities ............................................................................................................... 81, 155, 365, 471 Iowa Mississippi River Parkway Commission .................................................................................................. 296 Iowa Motion Picture Association ................................................................................................................... 190 Iowa National Guard ..................................................................................................................................... 281 Iowa Office of Energy Independence ..................................................................................................... 107, 322 Iowa Power Fund .................................................................................................................................. 201, 431 Iowa Reinforcing Steel, LLC ............................................................................................................................ 128 Iowa Street Market ....................................................................................................................................... 467 Iowa Utilities Board ....................................................................................................................................... 107 Iowa Water/Wastewater Agency Response Network (IOWARN) ..................................................................... 130 Iowa Weatherization Challenge ..................................................................................................................... 107 Irish Hooley .......................................................................................................................................... 252, 278 Irrevocable Licenses ...................................................................................................................................... 350 Isaac Hanna Subdivision ............................................................................................................................ 31, 47 Isaac, George ..................................................................................................................................................47 Iwasaki, Cindy ............................................................................................................................................... 167 Book 139 INDEX 491 J J & P O’Hara, Inc. .......................................................................................................................................... 327 J.D. Communications, Inc. ..................................................................................................................... 109, 133 Jackson Street .......................................................................................................................... 87, 174, 194, 198 Jacobsmeier, Joe ........................................................................................................................................... 343 James Madison, Inc. (Star Restaurant & Ultra Lounge) ................................................................................... 303 Jamis, LLC (The Ground Round) ..................................................................................................................... 108 Jannah Corp. ................................................................................................................................................. 432 Jecklin Lane .................................................................................................................................................. 161 Jefferson Middle School ..................................................................................................................................53 Jenkins, Becky ............................................................................................................................................... 466 Jim Schroeder Construction, Inc. ........................................................................................................... 158, 406 Jim Stock Realty and Construction ...................................................................................................................46 JJR, LLC (Dubuque Riverfront Marina) ............................................................................................................ 218 Joe Lukehart Professional Services Award ...................................................................................................... 131 John F. Kennedy Road ....................................................................................................................... 4, 404, 413 Johnson, Kein................................................................................................................................................ 346 Johnson, Marty ............................................................................................................................................. 346 Jones Street ............................................................................................................ 304, 305, 306, 330, 331, 439 Jones, Claire ....................................................................................................................................................78 Jorja’s Restaurant ......................................................................................................................................... 163 Judge, Lt. Governor Patty .............................................................................................................................. 284 Julien Dubuque Monument .............................................................................................................................21 Julien Inn ................................................................................................................................... See Hotel Julien Jumper’s Sports Bar & Grill ............................................................................................................. 351, 394, 395 Jumpin’ Jane’s Indoor Party & Play Center ..................................................................................................... 418 Junnie and Rich’s Coin Partnership ..................................................................................................................29 Justice Assistance Grant (JAG) ................................................................................................ 130, 201, 249, 296 K K & W Coating, LLC ................................................................................................................................ 160, 247 Kalmes Breaktime Bar .................................................................................................................... 163, 173, 174 Kalmes Brothers, LLC ............................................................................................................................. 163, 174 Kamp, Mary Lou (Noonan's Tap) .................................................................................................................... 131 Kane Development Corp. (a/k/a Renaissance Construction Corp.) .................................................................. 298 Kane, Brian ...................................................................................................... 267, 332, 364, 396, 431, 469, 470 Kane, Kathleen M. ......................................................................................................................................... 128 Kapler, David ........................................................................................................................................ 270, 285 Kaufmann Avenue............................................................................................................................................ 4 KDTH Radio ................................................................................................................................................... 276 Keedy, Nancy ................................................................................................................................................ 420 Kelzer, Tom ........................................................................................................................................... 396, 470 Kemp, Alan W. ................................................................................................................................................81 Ken Saiki Designs ............................................................................................................................................12 Kennedy Mall ........................................................................................................................................ 160, 271 Kephart Building ......................................................................... 90, 111, 134, 145, 163, 164, 165, 234, 265, 413 Keyline Transit ................................................................................... See First Transit, Transit Board of Trustees KeyLine Transit ............................................................................................................................................. 167 Bus Advertisement Improvements ............................................................................................................. 436 Bus Procurement ...................................................................................................................................... 202 Comprehensive Operational Analysis .......................................................................................... 127, 217, 412 Staffing ............................................................................................................................................... 95, 155 Keywest Conoco ........................................................................................................................................... 163 KGRR Radio ................................................................................................................................................... 276 Kids Connection Program (St. Mark Community Center)...................................................................................76 Kieffer, Debbie ................................................................................................................................................. 2 Kinsella, William.................................................................................................................................... 433, 468 492 INDEX Book 139 Kinseth Hotel Corporation (Holiday Inn) ........................................................................................................ 432 Kivlahan Farms, LC ..........................................................................................................................................17 Klauer Construction Company ........................................................................................................... 6, 134, 471 Klavitter, David ..................................................................................................................................... 329, 356 Kluck, Tom ............................................................................................................................................ 206, 256 Knabel, Lance................................................................................................................................................ 408 Knickers Saloon .............................................................................................................................. 234, 235, 444 Knight of Columbus Council ........................................................................................................................... 145 Knight, Michael ...................................................................................................................... 157, 194, 205, 240 Koch, Tom .................................................................................................................................................... 235 Kohl, James (The Grand Tap) ......................................................................................................................... 328 Kolz, Beverly ......................................................................................................................................... 240, 256 Kramer, Gloria ................................................................................................................................................. 2 Kramer, Tara ................................................................................................................................................. 424 Kramer, Tim J. ........................................................................................................................................... 80, 81 Kretschman, John ......................................................................................................................................... 218 Kretschmer, Toni............................................................................................................................ 260, 261, 337 Kritz, Kyle.............................................................................................................................................. 180, 197 Kromlage, Julie................................................................................................................................................44 Kruser, Lindsay................................................................................................................................................29 Kwik Star ................................................................................................................. 234, 252, See Kwik Trip, Inc. Kwik Stop C-Store .......................................................................................... 108, 109, See Rainbo Oil Company Kwik Stop Food Mart ............................................................................... 252, 407, 432, See Rainbo Oil Company Kwik Trip, Inc. ................................................................................................................................ 145, 234, 235 KZ Investments, LLC (Indiana Subdivision) ...................................................................................................... 138 L L & L Investment Co. (Players Sports Bar) .........................................................................................................89 L B Metcalf, Inc. (Cedar Cross Amoco) ..............................................................................................................54 L. May Restaurant ................................................................................................................................. 190, 407 La Estrella Store ............................................................................................................................................ 108 Lamar Advertising ...........................................................................................................................................48 Lammer, Nicole ......................................................................................................................................... 45, 80 Land and Water Conservation Fund (LWCF) ............................................................................................... 50, 81 Landlord Notification Regarding Police Calls for Service ................................................................................. 470 Larsen, Beverly ..................................................................................................................................... 235, 407 Larson, Jennifer ...............................................................................................................................79, 335, 353 Larson, Kelly ................................................................................................................................................. 426 Las Margaritas ........................................................................................................................................ 20, 467 Lassance, Paul ....................................................................................................................................... 194, 205 Latham, William .......................................................................................................................................... 2, 15 Lau, John ...................................................................................................................................................... 337 LB Metcalf, Inc. (Cedar Cross Amoco) ............................................................................................................ 174 Lead Hazard Reduction ......................................................................................................................... 232, 326 LEED Certification ...........................................................................................................................................52 Legal Department ...........................................................................................................................................95 Legionnaires Drum & Bugles Corp.................................................................................................................. 203 Legislative Correspondence Community Restoration and Revitalization Act........................................................................................... 406 Energy Efficiency and Conservation Block Grant ................................................................................. 173, 188 Homestead Property Tax Credit ...................................................................................................................33 Hydroelectric Power Generation at Lock and Dam #11 ............................................................................... 188 Opposition to HF 83 and SF 61, Active Duty Firefighters and Cancer .............................................................88 Proposed Amendments to Chapter 411 ..................................................................................................... 143 State of Iowa Progress Thank You .............................................................................................................. 163 Fiscal Year 2009 Federal Omnibus Bill ........................................................................................................ 130 Leifker, Ben.....................................................................................................................................................44 Leifker, David W. ............................................................................................................................ 326, 354, 400 Book 139 INDEX 493 Leist, Casey .....................................................................................................................................................78 LeMay, Eileen .................................................................................................................................................61 Lemon, Sue ................................................................................................................................................... 295 Leoppke, Larry .............................................................................................................................................. 157 Liberty Station, LLC ............................................................................................................................... 235, 327 Library ............................................................................................................. See Carnegie-Stout Public Library Library Board of Trustees ................................................................................................................................79 Membership ..................................................................................................................................... 240, 256 Code Amendment Staggering Terms ...................................................................................................... 241 Minutes Submitted ........................................................................................ 29, 128, 157, 170, 278, 347, 446 Reports Submitted ...........................................................................................29, 45, 157, 218, 321, 365, 426 Licht, Eli ........................................................................................................................................................ 321 Lien Oriental Food......................................................................................................................................... 107 Lindauer, Michael and Donna ........................................................................................................................ 178 Lindecker, Julie ............................................................................................................................................. 261 Liquor License Applications and Renewals . 6, 22, 32, 35, 53, 89, 108, 131, 145, 163, 173, 190, 203, 252, 267, 278, 284, 302, 327, 353, 394, 407, 417, 431, 467 Liquor License Refunds.............................................................................................. 22, 163, 173, 234, 353, 407 Liquor License Transfers .......................................................................................... 128, 131, 173, 203, 234, 252 List of Claims and Summary of Revenues ........................ 15, 45, 105, 128, 157, 198, 218, 263, 321, 365, 413, 426 Livingston, Dana..............................................................................................................................................76 LK Development & Storage, LLC ..................................................................................................................... 431 LoBianco, Dan ..................................................................................................................................19, 213, 413 Lock and Dam #11 ......................................................................................................................................... 188 Locust Street...................................................................................................................................................44 Connector and Central Avenue Traffic Control Project................................................................................ 128 Resurfacing 9th to 17th Streets Project ....................................................................................... 239, 260, 277 Sidewalk and Traffic Signal Installation – 8th to 12th Street Project ............................................. 164, 177, 184 Lombardi, Barbara ..........................................................................................................................................45 Long Range Planning Advisory Commission .................................................................................................... 424 Downtown Urban Renewal District ............................................................................................................ 359 FY 2010-2014 Capital Improvement Program ...............................................................................................95 Membership ..................................................................................................................................... 194, 205 Minutes Submitted .................................................................................................................... 105, 170, 347 Loras Boulevard ............................................................................................................................................ 424 Loras College .................................................................................................................. 145, 282, 327, 328, 470 Los Aztecas II Mexican Restaurant ................................................................................................................. 204 Los Aztecas Mexican Restaurant .................................................................................................................... 303 Lot One, LLC .......................................................................................................................................... 145, 249 Louise Lane ............................................................................................................................................. 49, 406 Bridge Reconstruction Project ............................................................................................ 132, 150, 158, 406 Lounge, The ..................................................................................................................................... 6, 7, 87, 188 Love, Phillip (The Lounge)................................................................................................................................. 7 LSC Transportation ......................................................................................................................... 127, 217, 412 Lucas, Mary ....................................................................................................................................................29 Luchsinger, Richard ............................................................................................................................... 240, 256 Lucky 13 ............................................................................................................................................... 234, 284 Lucy Drive .......................................................................................................................................................49 LuGrain, Lana Kaye (P.J.'s Tap) ....................................................................................................................... 108 Lundh, Al ...................................................................................................................................................... 105 Lynch, Kristi .................................................................................................................................................. 262 Lynch, Tom (Stand Associates).........................................................................................................................12 Lyness, Karen ..................................................................................................................................................15 Lyons, David (IBM, The Iowa Institute) ........................................................................................................... 319 M Maddux, Evelyn ............................................................................................................................................ 296 Maddux, Jennifer .......................................................................................................................................... 321 494 INDEX Book 139 Mai Nguyen, Inc. (Hi Ho Mongolian Grill) ....................................................................................................... 190 Mai, Steven J. and Jennifer A. ........................................................................................................................ 364 Mailboxes (Establishing Standards) ................................................................................................................ 421 Main Street Economic Recovery Plan ...................................................................................................................... 41, 233 Historic Old Main Street Lighting and Sidewalk Replacement Project .................................................. 105, 139 Property at 40-42 Main Street .................................................................................... See Forty (40) Main, LLC Property at 44 Main Street ........................ See Forty-Four (44) Main Street, Historic Preservation Commission Malay Holdings, LLC – Vanguard .................................................................................................................... 326 Malmberg, Chris ........................................................................................................................................... 424 Mandolin Inn, The ......................................................................................................................................... 303 Mangeno, Angela (Angie's Bar) ...................................................................................................................... 327 Manson Road...................................................................................................................................89, 110, 396 Maple Street ............................................................................................................................................. 5, 233 Eminent Domain Proceedings at 1553 ....................................................................................................... 282 Purchase of Property at 1553 .................................................................................................................... 178 Marco’s Italian American Food ...................................................................................................................... 163 Maria House ............................................................................... 79, 95, 220, See Opening Doors, Teresa Shelter Mario’s Italian Restaurant ...............................................................................................................................32 Markham, John ...............................................................................................................................................26 Masonic Temple ........................................................................................................................................... 131 Massey, Gary and Kerry............................................................................................................................. 29, 45 Matheos, Jim (Demetris) ............................................................................................................................... 266 Mathy Construction, Inc. ............................................................................................................................... 465 Mayas, Inc. (Las Margaritas) .......................................................................................................................... 467 Mayor Pro-Tem ................................................................................................................................15, 181, 198 McAleece Park ...................................................................................................................................... 131, 132 McCall, Jane .................................................................................................................................................. 202 McCann, Steven R. (City Development Board) .................................................................................... 16, 45, 131 McCann’s Service, Inc. ........................................................................................................................... 163, 235 McCarthy, Dan .............................................................................................................................................. 404 McClain Excavating Company ......................................................................................................... 244, 317, 318 McClain, Tania .............................................................................................................................................. 168 McDermott Excavating .............................................................................................. 2, 4, 17, 184, 248, 296, 353 McDermott Real Estate, LLC ............................................................................................................................17 McDermott, Cynthia A. ......................................................................................................................... 295, 296 McDermott, Larry E. ........................................................................................................................................26 McDonald, Dan ............................................................................................................................................. 286 McDonald, Sherry ...........................................................................................................................................79 McDonald, Tim ..................................................................................................................................... 329, 330 McDonough, Molly ............................................................................................................................... 193, 205 McEvoy Street ....................................................................................................................... 229, 328, 349, 359 McGhee, Deacon David ........................................................................................................................... 80, 198 McNamer, Marty .......................................................................................................................................... 396 Mechanical Code Board Membership ......................................................................................................................................... 55, 91 Minutes Submitted ................................................................................................................................... 128 Mediacom Charitable Foundation Membership ..................................................................................................................................... 433, 469 Mediacom Communications Corporation...................... 30, 108, 130, 142, 145, 163, 173, 189, 283, 406, 417, 443 Medline Industries, Inc. ...................................................................................................................................52 Melendez, Hiram .................................................................................................................................. 194, 205 Melrose Terrace ............................................................................................................................................ 296 Merlin Lane ............................................................................................................................................ 21, 161 Merritt, Robert and Aurora ........................................................................................................................... 105 Meyer, Marjorie ............................................................................................................................................ 246 Meyer, Pastor Jennifer .................................................................................................................................. 246 Miccio Foundation, The ................................................................................................................................. 406 Michalski, Ann .................................................................................................................................. 26, 77, 261 Book 139 INDEX 495 Middle Road ............................................................................................................................................. 23, 35 Midwest High Speed Rail Association............................................................................................................. 251 Mihalakis, Michelle ........................................................................................................................ 330, 364, 429 Miller Development Group ....................................................................................... 18, See Forty (40) Main, LLC Miller Enterprises (180 Main) ........................................................................................................................ 174 Miller Riverview Park ......................................................................................................................................82 Miller Road ................................................................................................................................................... 315 Water Main Extension Project .................................................................................................... 268, 287, 317 Miller, Annette ............................................................................................................................................. 194 Miller, Charles................................................................................................................................ 194, 205, 330 Miller, Fred ...................................................................................................................................................... 9 Miller, Joan M. .......................................................................................................................................... 15, 16 Miller, Randy ..................................................................................................................................................45 Miller, Rodney ........................................................................................................................................ 80, 105 Milligen, Reverend Kathleen............................................................................................................................29 Millstone Drive .............................................................................................................................. 364, 401, 469 Millworking Warehouse District ..............................................................................See Historic Millwork District Mindframe Theaters ..................................................................................................................................... 131 Mineral Street............................................................................................................................................... 296 Mines of Spain, The ........................................................ 50, 81, 159, 352, 414, See Friends of the Mines of Spain Mississippi Plaza ................................................................................................ See Port of Dubuque Ice Harbor Mississippi River Partnership Council .............................................................................................. 403, 420, 433 Mitchell, Associate Pastor Diane .................................................................................................................... 413 MM and H Corporation (Silver Dollar Cantina) .................................................................................................54 Molo Oil Company (Big 10 Mart) .............................................................................................. 32, 174, 203, 395 Monkey Business Family Fun ......................................................................................................................... 252 Monks Kaffee Pub ......................................................................................................................................... 190 Moracco Restaurant, The .............................................................................................................................. 467 Moran, John F. ................................................................................................................................................29 Morgan, Nicole ......................................................................................................................................... 29, 45 Mormann, Michael (The District) ................................................................................................................... 353 Morrison Bros. .......................................................................................................................................... 80, 88 Morse Electric, Inc. ............................................................................................................................... 317, 430 Morton, Jeff .....................................................................................................................................28, 169, 211 Mozena, Terry ...................................................................................................................................... 352, 364 Mr. Roger's Pub ........................................................................................................................................ 53, 54 MSA Professional Services ......................................................................................................................... 33, 59 Mt. Calvary Cemetery Association ................................................................................................................. 274 Muehring, Deron ...................................................................................................................................... 12, 44 Mulgrew Oil Company........................................................................................................................... 163, 234 Multi-Cultural Family Center ................................................................................................................... 76, 322 Municipal Cable Franchise ....................................................... 443, See Mediacom Communications Corporation Municipal Housing Agency Governing Board .................................................................................................. 196 Munson, Mark ...................................................................................................................................... 403, 420 Murph’s Southend Tap .......................................................................................................................... 234, 235 Murphy Park ................................................................................................................................................. 246 Murphy, Gail ......................................................................................................................................... 240, 256 Murphy, John................................................................................................................................................ 173 Murphy, Pamela ........................................................................................................................................... 235 Music n More Promotions ............................................................................................................................. 267 Music on the March ...................................................................................................................................... 173 Mutual Aid and Assistance Agreement (IOWARN) .......................................................................................... 130 MYLA Company, LLC.............................................................................................................................. 354, 399 Mystique Casino .................................................................................................................... 108, 143, 235, 262 N Nachtman, Jack ............................................................................................................................................. 274 Nash Finch Company (Econo Foods) ........................................................................................................ 89, 203 496 INDEX Book 139 National Electrical Code ........................................................................................................................ 112, 123 National Fire Protection Association .............................................................................................................. 112 National League of Cities .....................................................................................................75, 81, 136, 277, 343 National Mississippi River Museum and Aquarium .......................................................................... 108, 109, 315 Rivers Center Project Phase I ..................................................................................................................... 300 Rivers Center Project Phase II ...................................................................................... 193, 213, 242, 243, 247 Vision Iowa River Enhancement Community Attraction and Tourism Program ............................................ 261 National Preservation Month ........................................................................................................................ 144 National Register of Historic Places................................................................................................................ 301 National Trust for Historic Preservation ..................................................................................................... 9, 233 Nativity Parish........................................................................................................................................... 56, 57 Nauman Nursery ........................................................................................................................................... 106 Nauman, Irvin ............................................................................................................................................... 330 Neebel, Julie ................................................................................................................................................. 424 Neighbor’s Tap.............................................................................................................................................. 131 Neighborhood Stabilization Program ..................................................................... 34, 60, 61, 142, 183, 365, 393 NeighborWorks America ....................................................................................................................... 137, 405 Nelson, Scott J. ............................................................................................................................................. 466 Nemmers Cedar Ridge Farm Limited Partnership .............................................................................................17 Nemmers, Tim .............................................................................................................................................. 128 NeoGov, Online Employment Application Vendor .................................................................................. 407, 426 Nesler, Ferd .......................................................................................................................................... 194, 205 Ness, Dave ............................................................................................................................... 43, 178, 337, 446 Nevada Street ............................................................................................................................................... 288 New Market Tax Credits ..................................................................................... 61, 143, 144, 172, 182, 202, 421 New Partners for Smart Growth Conference ....................................................................................................41 Newman, Paul ................................................................................................................................................. 9 Ney, Jennifer ............................................................................................................................................. 45, 80 NEZTROP, LLC ............................................................................................................................................... 221 Nicholson, Daniel ............................................................................................................................................26 Nicholson, Paula ........................................................................................................................................... 170 Nine Twenty (920) Main DBQ, Inc. (The Q) ..................................................................................................... 418 Noonan’s Tap........................................................................................................................................ 107, 131 Norris, John R. .............................................................................................................................................. 107 North Fork Catfish Creek .......................................................................................................... See Catfish Creek North Fork Trails ........................................................................................................................................... 150 North Siegert Farm ...................................18, 140, 192, 213, 234, 242, 299, See Dubuque Industrial Center West Northeast Iowa Community College ............................................................................................... 107, 308, 402 Business Accelerator Business Plan ............................................................................................................ 219 NE Iowa Small Business Development Center ............................................................................................. 404 Shuttle Services ......................................................................................................................................... 407 Northeast Iowa Small Business Development Center ..................................................................................... 404 Northern Insurance Company................................................................................................................ 278, 279 Northern Lights Hockey, LLC .................... 432, See Battlefield Dubuque, LLC; Dubuque Ice and Recreation Center Northern Water Works Supply .............................................................................................................. 434, 435 Northrange Industrial Park ..............................................................................................................................49 Northside Bar, The ..........................................................................................................................................54 Northwest Arterial ...............................................................................................16, 23, 133, 240, 413, 433, 469 Norton, Terrence J. ....................................................................................................................................... 467 Novogradac Community Development Foundation (NCDF) .................................................................... 404, 406 Nowack, Craig ..................................................................................................................................... 1, 76, 443 NPC International, Inc. (Pizza Hut) ...................................................................................................................32 O O’Brien, Tim ........................................................................................................................... 155, 282, 330, 443 Oak Grove.................................................................................................................................... 7, 8, 24, 39, 40 Oak Meadows .................................................................................................................................................46 Oberbroeckling, Joseph ...................................................................................................................................55 Book 139 INDEX 497 Oberfoell, Angela .......................................................................................................................................... 181 Oberhoeffer, Tom ...........................................................................................................................................95 O'Clock, Patrick ..................................................................................................................................... 235, 327 O'Connor, Jerelyn ...........................................................................................................................................42 Office, The .................................................................................................................................................... 162 Oglesby, Kenneth .................................................................................................................................. 420, 433 Oh La La Spa ................................................................................................................................................. 174 Oky Doky Stores .............................................................................. 20, 53, 54, 107, 131, 132, 203, 235, 252, 253 Old Davenport Road ........................................................................................................................................19 Old Mill Road .......................................................................................................................................... 89, 110 Olive Garden Restaurant ............................................................................................................................... 131 Olson, Christine Happ.......................................................................................................................44, 194, 205 Olson, Paul M. .............................................................................................................................................. 404 Olson, Paul, (Progressive Classic Insurance Company) .................................................................................... 321 O'Mara, Tim .................................................................................................................................................. 347 One Thousand Friends of Iowa .................................................................................................................. 3, 426 One-Eighty (180) Main Street Restaurant........................................................................................ 107, 173, 174 Online Employment Application ............................................................................................................ 407, 426 Opalus Salon and Spa ............................................................................................................................ 365, 366 Open Meetings Law .............................................................................................................................. 116, 260 Opening Doors ........................................................................ 79, 95, 143, 220, See Maria House, Teresa Shelter Operation New View Community Action Agency ................................................................................ 11, 78, 466 Operation without Registration and Driver’s License ...................................................................................... 154 Oppelt, Kelly (Denny's Lux Club) .................................................................................................................... 353 Order of the Moose Lodge #355 .................................................................................................................... 145 ORDINANCES 01-09 Rescinding Ordinance No. 15-06 which contained references to an incorrect section of Chapter 18 Electricity of the City of Dubuque Code of Ordinances and adopting a new ordinance which amends Chapter 18, Section 2 by increasing the number of members, providing for regular and special meetings, and amending and adding definitions ....................................................................................................... 9 02-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 15264 Middle Road from Dubuque County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District ...........................35 03-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 607 – 609 East 22nd Street ...................................36 04-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a revised Conceptual Development Plan for Edwards Cast Stone .......................37 05-09 Amending City of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking in the downtown business district by requiring businesses to obtain a special events permit and provide a plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines ............................................................................................................................40 06-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3520 and 3522 Hillcrest Road from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District ...........................................55 07-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the northeast corner of University Avenue and Nevada Street from R-2 Two-Family Residential District to OS Office Service District, with conditions........56 08-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 41-92, 55-00 and 18-03 and approving amended Campus Development Plan for a new chapel for the Hillcrest Family Services Institutional District .........................57 09-09 Amending Section 3-2.2(D) Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adding Passenger Transfer Facilities as a conditional use in C-2 Neighborhood Commercial Shopping Center Districts.........................................................................................................................59 10-09 Amending the City of Dubuque Code of Ordinances by repealing Chapter 5 Alcoholic Beverages and adopting a new Chapter 5 Alcoholic Beverages in lieu thereof ..................................................................63 11-09 Amending the City of Dubuque Code of Ordinances by repealing Chapter 46 Vehicles for Hire and Public Transportation, adopting a new Chapter 46 Vehicles for Hire and Public Transportation in lieu thereof .....70 498 INDEX Book 139 12-09 Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-201(a) Fixing water rates for residential, commercial, industrial, and all other uses ....................................................................... 101 13-09 Amending the City of Dubuque Code of Ordinances Section 44-202 Fixing water rates for fire sprinkler service .................................................................................................................................................. 102 14-09 Amending the City of Dubuque Code of Ordinances Sections 44-83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates ....................................... 102 15-09 Amending City of Dubuque Code of Ordinances Section 40-37 Paragraphs (a), (b), and (c) Establishing charges for the collection and disposal of solid waste materials and amending Section 40-37 Paragraph (d) Establishing charges for the collection and disposal of solid waste materials related to the Solid Waste Alley Cart Program ......................................................................................................................................... 103 16-09 Amending City of Dubuque Code of Ordinances Section 44-274(d) SFU Rate, Charges, Utility Revenues ............................................................................................................................................................. 104 17-09 Ordinance of the City of Dubuque, Iowa providing that the Code of Ordinances, City of Dubuque, Iowa, be amended by repealing Section 18-1 thereof and enacting a new Section 18-1 thereof pertaining to revising and reenacting an Electrical Code of the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefore................................................................................................. 112 18-09 Amending the City of Dubuque Code of Ordinances by repealing Chapter 27 Human Rights and Adopting a new Chapter 27 Human Rights in lieu thereof ....................................................................... 136 19-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the 3225 Pennsylvania Avenue from R-1 Single-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District Designation, and adopting a Conceptual Development Plan for Applewood Senior Housing Phase 3 ................................................ 147 20-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 2(D)(2) of Ordinance No. 18-03, and enacting a new section 2(D)(2) in lieu thereof pertaining to the time limit for use of portable classrooms at Hillcrest Family Services ...................................................... 149 21-09 Amending the City of Dubuque Code of Ordinances Section 5-3 Prohibited Sales and Acts by adding a provision which prohibits the sale or supplying of alcohol to individuals without exercising reasonable care to ensure the alcohol is not provided to those under the legal age ......................................................... 152 22-09 Amending the City of Dubuque Code of Ordinances Chapter 33 by adding Section 33-18 Persons under Legal Age which prohibits the sale or supplying of tobacco products to persons under eighteen (18) years of age and 33-18A Penalty which provides a fine for such violations ....................................................... 153 23-09 Amending Chapter 32 of the City of Dubuque Code of Ordinances by adding Section 32-321.284 Open Containers In Motor Vehicles – Drivers And Section 32-321.284A Open Containers In Motor Vehicles - Passengers which prohibit the driver or passenger of a motor vehicle upon a public street from possessing an unsealed receptacle containing alcoholic beverages .......................................................................... 153 24-09 Amending the City of Dubuque Code of Ordinances Section 32-321.98 Operation Without Registration and 32-321.174A Operator's License – Operation Of Commercial Motor Vehicles by adding provisions which prohibit an individual from operating a vehicle without registration within the City of Dubuque ... 154 25-09 Amending Chapter 41, Streets, Sidewalks and Public Places, of the City of Dubuque Code of Ordinances by changing Subsection (a) and (b) and adding a new Subsection 41-100(c) authorizing City Manager to review appeals ...................................................................................................................................... 167 26-09 Amending City of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing Agency ............................................................................................... 196 27-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan ........................... 206 28-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Keyway Drive from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan............................................................................................... 209 29-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 4-3.11 Schedule of Sign Regulations for the C-5 Central Business District and adopting Section 4- 3.11 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of freestanding identification signs along 7th Street from Locust Street to the alley................... 212 30-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-164 Interference with Shutoff ............................................................................................... 214 31-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3 Meters, Section 44-183 Location, Method of Installation ................................................................................................. 215 Book 139 INDEX 499 32-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 3, Meters, Section 44-184 Remote Readers ........................................................................................................................ 215 33-09 Amending the City Code of Ordinances Chapter 44 Utilities, Article III Water, Division 2 Connections, Section 44-153 Service Connections to be Installed by City or Duly Licensed Plumbers ............................ 216 34-09 Amending City of Dubuque Code of Ordinances Chapter 30 Library, Section 3-04 Board of Trustees Terms of Members, Filling of Vacancies by providing for staggered terms for board members ................ 241 35-09 Amending the City of Dubuque Code of Ordinances Section 1-8 General Penalty by referencing Iowa Code Section 903.1 which provides the penalty for simple misdemeanors .............................................. 242 36-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located north of the University Avenue and Ethel Street intersection from OR Office Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan ........................... 257 37-09 Amending Chapter 11 of the City of Dubuque Code of Ordinances Building Regulations by amending Section 11-4 Demolition Permits in Conservation Districts to prohibit demolition by neglect ................... 272 38-09 Amending Chapter 25 of the City of Dubuque Code of Ordinances Historic Preservation by amending Section 25-7(B) Demolition by Neglect Prohibited .................................................................................. 273 39-09 Amending the City of Dubuque Code of Ordinances Section 32-321.1 Definitions by amending the definition of all-terrain vehicle and amending Section 32-321.234A All-Terrain Vehicles Establishing Regulations for All-Terrain Vehicles on Public Roadways, Private Property, and Right-of-Way, Enumerating Exceptions for Wheelchairs, Permitted Events, Emergency Rescue Operations, and Establishing the Penalty for Violation Thereof ............................................................................................................................. 274 40-09 Amending City of Dubuque Code of Ordinances Chapter 32 Motor Vehicles and Traffic, Article VIII Stopping, Standing and Parking, Division VII Residential Parking Permit Program, Section 32-321.725 Issuance of Residential Parking Permit authorizing the City Manager to issue permits for non-residential property ................................................................................................................................................ 275 41-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Institutional District boundaries for the University of Dubuque by rezoning the subject properties from R-1 Single-Family Residential District to ID Institutional District .............................................................. 286 42-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the northeast corner of University Avenue and Nevada Street from R-2 Two-family Residential District to OS Office Service District, with conditions, and rescinding Ordinance No. 7-09. .............................................................................................................. 288 43-09 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof ......................................................................................................................... 291 44-09 Amending Title 10, Public Ways and Property, of the City of Dubuque Code of Ordinances by repealing Chapter 10-1-2, Sidewalk Installation and Repair, and adopting a new Chapter 10-1-2 ............................ 316 45-09 Amending the City of Dubuque Code of Ordinances Section 6-9-6 Smoke Detection by adding a new provision which requires smoke detectors be installed during substantial reconstruction or remodeling of a building which has both commercial and residential uses ....................................................................... 316 46-09 Amending the City of Dubuque Code of Ordinances Section 44-201(A) Fixing Water Rates for Residential, Commercial, Industrial, and all other uses ........................................................................... 319 47-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 400 block of Lincoln Avenue from R-2A Alternate Two-Family Residential District to OR Office Residential District ............................................................. 330 48-09 Amending the City of Dubuque Code of Ordinances by adopting Article 7, Chapter 7 related to the registration, rules, and regulations for operation of bicycles within the City of Dubuque ......................... 339 49-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1800 Manson Road from AG Agricultural District to R-1 Single-Family Residential District...................................................................................................... 396 50-09 as amended, Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of Radford Road and Westmark Drive from C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a conceptual development plan 396 500 INDEX Book 139 51-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northwest corner of Bluff Street and Fifth Street from OR Office/High Density Multi-Family Residential District to C-4 Downtown Commercial District ...... 399 52-09 as amended, and including Option #4, Establishing the Unified Development Code for the City of Dubuque, Iowa and providing for the administration, enforcement and amendment thereof in accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in conflict herewith ............ 402 53-09 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions, by amending the definition of bicycle and motorized bicycle or motor bicycle ......................................................................................................................... 409 54-09 Amending Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, Article A General Offenses, of the City of Dubuque Code of Ordinances by adding a new Section 7-5A-17 Aggressive Panhandling Prohibited, defining and prohibiting aggressive panhandling, and providing penalties for the violation thereof ......... 409 55-09 Changing the date for the second regular City Council meeting in February 2010 from February 16, 2010 to February 15, 2010 ..................................................................................................................... 411 56-09 Amending the Unified Development Code by reclassifying hereinafter described property at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District ............ 420 57-09 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, by adopting a new Article F, Mailboxes, Establishing Standards for Mailboxes in Public Rights-of-Way ......................................................................................................... 421 58-09 Amending Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District ................. 436 59-09 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.285 Limits Generally, establishing the fine for each mile in excess of 20 miles per hour over the speed limit in zones greater than 55 miles per hour .................................................... 443 60-09 Amending Title 16 of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District ................................................................................................................................ 469 Orwoll, Greg ................................................................................................................................................. 173 Ostrander, Kathy ................................................................................................................................... 218, 219 Oswald, Lou .......................................................................................................................................... 194, 205 Oswald, Shane J. ........................................................................................................................................... 393 Ottavi, John .......................................................................................................................................... 295, 296 P P.J.’s Tap ....................................................................................................................................................... 108 P.M.S.T. Inc. (Happy's Place) .......................................................................................................................... 328 Pamela Court ........................................................................................................................................ 353, 428 Panchero’s Restaurant .................................................................................................................................. 145 Panhandling Ordinance ................................................................................................................................. 409 Par Food Mart ............................................................................................................................................... 131 Park and Recreation Advisory Commission Membership ..................................................................................................................................... 194, 205 Minutes Submitted ........................................................................................... 2, 29, 198, 278, 295, 404, 426 Pet Park ............................................................................................................................................ 196, 337 Park Division ............................................................................................................................................. 76, 95 Parking Division ........................................................................................................................................ 77, 95 th Architect/Engineering Contract Award for Ramp at 5 & Bluff Sts. ............................................................. 214 Cooper Development, LLC Agreement Extension 3rd and Locust Lot .............................................................88 Downtown Parking Facility .............................................................................. 157, 160, 168, 294, 302, 346, 436 East/West Corridor Connectivity Study ...................................................................................................... 424 Historic Millwork District ..............................................................................................................28, 418, 433 Keyline Transit Comprehensive Operational Analysis.................................................................................. 217 thth Locust Street Parking Ramp Sidewalk and Traffic Signal Installation – 8 to 12 Street Project .................... 178 Book 139 INDEX 501 Parking Ramp Conceptual Design, Cost Estimates 5th & Locust Sts. Site ........................................................53 Port of Dubuque Public Parking Facility ............................................................................ See Port of Dubuque th Public Parking Facility at 5 & Bluff Sts. ........................................................ 309, 310, 335, 338, 380, 413, 416 Reassignment of Bond Proceeds for New Location ..................................................................................... 447 Request for Proposals, Downtown Parking Facility ..................................................................................... 168 Residential Parking Permit Districts ..................................................... See Residential Parking Permit Districts Shuttle Service .......................................................................................................................................... 100 Snow Route Parking ....................................................................................................................................26 Valet Parking ......................................................................................................................................... 26, 40 Parks, Bryce .......................................................................................................................................... 194, 205 Paro Food Mart ..................................................................................................................................... 132, 235 Parsley, Tom ........................................................................................................................................... 57, 289 Passenger Rail Service ........................................................................................................................... 251, 353 Passenger Transfer Facilities............................................................................................................................59 Paul’s Tavern ........................................................................................................................................ 234, 235 Peck, Randy ............................................................................................................................................ 42, 347 Pederson, Cyndi ............................................................................................................................................ 296 Pennsylvania Avenue Acceptance of Storm Sewer Easement West of Lucy Drive............................................................................49 East-West Corridor Connectivity Study ...................................................................................................... 424 Purchase of Property at 6950 (Steffen) ........................................................................................................19 Request to Rezone Property at 3225 (Applewood Apts.) ............................................................................ 147 Safety Improvements Project ............................................................................................. 138, 204, 240, 248 Pet Park .............................................................................................. 76, 179, 196, 202, 260, 261, 272, 288, 337 PetData, Inc. ................................................................................................................................................. 189 Peterson, Cynthia.......................................................................................................................................... 403 Petrakis Park ................................................................................................................................................. 470 Pfohl, Craig .....................................................................................................................................................29 Phillip’s 66 (Arby’s Fast Food) ................................................................................................. 188, 230, 235, 327 Physical Infrastructure Assistance Program ............................................................................................ 126, 134 Pine Knoll Subdivision/Condominiums ...................................................................................... 45, 262, 263, 298 Pinnacle Technologies, Inc. ..............................................................................................................................52 Pioneer’s Restaurant Area .............................................................................................................. 173, 174, 252 Pizza Hut................................................................................................................................................. 32, 173 Planned Unit Development District (PUD) ................... 23, 24, 37, 57, 133, 146, 206, 209, 240, 257, 396, 433, 470 Planning Services Department ............................................................................................................. 43, 77, 95 Plastic Center, Inc. ........................................................................................................................................ 235 Platinum Holdings, LLC .................................................................................................................................. 418 Platinum Hospitality ................................................................................................................................ 76, 328 Plats of Survey ............................................................................................................ 19, 49, 144, 325, 368, 464 Players Sports Bar ...........................................................................................................................................89 Plaza 20 BP/Amoco ............................................................................................................................... 203, 418 Ploessl, Noel F. ............................................................................................................................................ 2, 15 Plumbing Board Membership .............................................................................................................................. 296, 420, 433 Minutes Submitted ............................................................................................................................... 2, 365 Police Department .......................................................................................................... 42, 73, 93, 95, 340, 426 Organizational Supervision Realignment .................................................................................................... 167 Towing Contract FY 2010-2012 .................................................................................................................. 195 Port of Dubuque Adams Development, LLC .................................................................................................................. 141, 202 Alliant Energy Amphitheater............................................................................................... 234, 252, 289, 447 American Trust River’s Edge Plaza.............................................................................................................. 447 Ice Harbor .................................................................................................................................. 261, 307, 315 Intermodal Transportation Center ...............................................................................................................81 Outdoor Plaza ........................................................................................................................................... 106 Public Parking Facility ............................................................ 105, 128, 173, 214, 302, 311, 336, 346, 364, 413 Riverfront Marina Project ..................................................................................................... 43, 218, 251, 421 Riverwalk .......................................................................................................................................... 144, 447 502 INDEX Book 139 Usage Policies ........................................................................................................................................... 447 Portzen Construction ........ 105, 157, 170, 198, 241, 281, 366, 428, 444, 465, See Dubuque Plumbing and Heating Company Pre-Disaster Mitigation Plan Committee ........................................................................................................ 125 Prevenas, Pat ..................................................................................................................................................76 Price Industrial Electric .................................................................................................................................. 128 Proclamations 2010 Census Partnership ........................................................................................................................... 295 Apples for Students Months (June, July and August, 2009) ......................................................................... 181 Arthritis Walk Day (May 16, 2009) ............................................................................................................. 157 Arts and Humanities Month (October, 2009).............................................................................................. 321 Assisted Living Week (September 13 – 19, 2009) ........................................................................................ 295 Bike Safety Month (May, 2009).................................................................................................................. 157 Constitution Week (September 17 – 23, 2009) ........................................................................................... 321 Crop Walk Day in Dubuque (October 4, 2009) ............................................................................................ 321 Day of Peace (September 21, 2009) ........................................................................................................... 321 Drinking Water Week (May 3 – 9, 2009)..................................................................................................... 157 Dubuque Bank & Trust Appreciation .......................................................................................................... 347 Dubuque County Fair Week (July 21 – 26, 2009) ......................................................................................... 218 Dubuque Weatherization Challenge Day (October 24, 2009) ...................................................................... 365 Historic Preservation Month (May, 2009)................................................................................................... 157 Hospice Month (November, 2009) ............................................................................................................. 404 Human Rights Day (December 10, 2009) .................................................................................................... 426 Iowa Private College Week (August 3 – 8, 2009) ......................................................................................... 262 Iowa School Board Recognition Week (May 10 – 16, 2009) ......................................................................... 157 Irish Hooley Day (August 29, 2009) ............................................................................................................ 278 Kim Wadding Day (May 26, 2009) .............................................................................................................. 170 Letter Carrier Food Drive Day (May 9, 2009) .............................................................................................. 157 Library Week (April 12-18, 2009) ............................................................................................................... 128 Make a Will Month (October 2009)............................................................................................................ 347 Martin Luther King Days (January 18 and 19, 2009) ....................................................................................... 2 Mental Health Month (May, 2009) ............................................................................................................ 157 Monarch Moments Month (July, 2009) ...................................................................................................... 198 National Tourism Month (May, 2009) ........................................................................................................ 170 National Train Day (May 9, 2009) ............................................................................................................... 157 Niemann-Pick Disease Awareness Month (October 2009) .......................................................................... 347 Nursing Home Week (May 10 – 16, 2009) .................................................................................................. 157 Philanthropy Day (November 13, 2009) ..................................................................................................... 404 Public Service Recognition Week (May 4 – 10, 2009) .................................................................................. 157 Relay for Life Days (May 29 and 30, 2009) .................................................................................................. 170 Responsible Gaming Education Week (August 3 – 7, 2009) ......................................................................... 262 Rotary Foundation Group Study Exchange Days (May 2-6, 2009) ................................................................ 138 Ruby Sutton Day (November 15, 2009) ...................................................................................................... 404 Save for Retirement Week (October 18 – 24, 2009) .................................................................................... 347 Scoutreach Day (May 30, 2009) ................................................................................................................. 170 Shriners Hospitals for Children Day (September 19, 2009) .......................................................................... 295 Silver Star Banner Day (May 1, 2009) ......................................................................................................... 138 Special Olympics (January 12-14, 2009) ........................................................................................................ 2 Tour de Dubuque Day (August 29, 2009 ..................................................................................................... 278 Trick-or-Treat Night (October 31, 2009) ..................................................................................................... 347 United Way Campaign Time ...................................................................................................................... 262 Week of the Young Child (April 19-25, 2009) .............................................................................................. 128 Week without Violence (October 18 – 24, 2009) ........................................................................................ 321 Procurement Cards ............................................................................................................................... 142, 266 Progressive Classic Insurance Company ................................................................................................. 321, 347 Prohibition of Use of Excessive Force ............................................................................................................. 393 Project Concern ..............................................................................................................................................77 Child Care Referral .............................................................................................................................. 79, 219 Foster Grandparent Program ............................................................................................................... 79, 219 Book 139 INDEX 503 HPRP................................................................. See Homelessness Prevention and Rapid Re-Housing Program Information and Referral ..................................................................................................................... 79, 219 Project HOPE ......................................................................................................................... 152, 232, 347, 393 Proofs of Publication . 2, 15, 29, 45, 80, 105, 128, 157, 170, 181, 198, 218, 246, 262, 278, 321, 347, 365, 404, 413, 426, 446 Property Assessment Appeal Board ................................................................................................ 263, 284, 326 Prosperity Eastern Iowa .......................................................................................................................... 88, 296 Proudly Accessible Dubuque ................................................................................................................. 189, 315 Prudential Financial, Inc. .................................................................................................................................88 Prysi Street ................................................................................................................................................... 256 Psihoyos, Gus ......................................................................................................................... 178, 194, 408, 446 PSM, LLC, (La Estrella Store) .......................................................................................................................... 108 Public Works Department ......................................................................................................................... 43, 95 Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities.... 30, 53, 107, 142, 173, 201, 247, 282, 324 Puff n Stuff ................................................................................................................................................... 203 Purchase of Property................................................................................................................................... 5, 31 1545 South Grandview Avenue .................................................................................................................. 466 1553 Maple Street .................................................................................................................................... 178 1597 Maple Street .................................................................................................................................... 233 1699 Washington Street ............................................................................................................................ 352 1777 Washington Street ............................................................................................................................ 445 1925 Washington Street ............................................................................................................................ 393 2268 Washington Street ..............................................................................................................................51 2655 Shiras Avenue ................................................................................................................................... 189 th 347 East 19 Street ................................................................................................................................... 414 502-504 Rhomberg Avenue ............................................................................................................... 178, 246 6950 Pennsylvania Avenue ..........................................................................................................................19 Purchase of Services .................................................................................................................. 78, 95, 164, 190 America's River Corporation ...................................................................................................................... 219 Chamber of Commerce/Convention and Visitors Bureau ............................................................................ 219 Dubuque Area Labor Management Council ................................................................................................ 219 Dubuque Humane Society ...........................................................................................................................22 Dubuque Main Street ................................................................................................................................ 219 Every Child - Every Promise ....................................................................................................................... 219 FY 2010 Budget Hearing ..............................................................................................................................78 Greater Dubuque Development Corporation ............................................................................................. 219 Helping Services for Northeast Iowa .......................................................................................................... 219 Hills and Dales Senior Programs ................................................................................................................. 219 Maria House and Teresa Shelter ................................................................................................................ 220 Northeast Iowa Business Accelerator (NICC) .............................................................................................. 219 Opening Doors for Emergency Housing ...................................................................................................... 220 Operation New View Community Action Agency ........................................................................................ 220 Project Concern Foster Grandparent Program ............................................................................................ 219 Project Concern Information and Referral and Child Care Referral .............................................................. 219 Retired and Senior Volunteer Program (RSVP)............................................................................................ 219 St. Mark's Community Center .................................................................................................................... 220 Substance Abuse Services Center............................................................................................................... 220 Washington Tool Library............................................................................................................................ 220 Pusateri’s Restaurant ......................................................................................................................................32 Q Q, The (Bar) .......................................................................................................................................... 417, 418 Quarterly Investment Reports .................................................................................................. 30, 160, 266, 407 Quince Street ........................................................................................................................................ 199, 200 504 INDEX Book 139 R R Future (Ron's Five Point Mart) ..................................................................................................... 132, 203, 418 R2K Entertainments, LLC (Jumpin' Jane's) ...................................................................................................... 418 Radford Road ................................................................................................................................................ 396 Radio Dubuque, Inc. ................................................................................................................... 56, 57, 288, 289 Rahe, Keith ................................................................................................................... 41, 44, 78, 170, 178, 401 Rainbo Oil Company ......................................................................................... 108, 109, 163, 234, 252, 407, 432 Rainbow Lounge ................................................................................................................................... 394, 395 Raines, Pastor Rex ......................................................................................................................................... 295 Ram Construction Services of Minnesota LLC ......................................................................................... 336, 364 Ramona Street ...................................................................................................................................... 353, 428 Rawson, Tom ........................................................................................................................................ 256, 270 Raysan Corp. (Bridge Restaurant) .................................................................................................................. 418 RB Restaurant Management (Bricktown Brewery) ................................................................................... 35, 235 REAP.............................................................................................................................................. 261, 266, 414 Rebuild Iowa Office (RIO) Smart Growth Green Paper .................................................................................... 324 Recreation Division .........................................................................................................................................76 Red Robin Burgers ................................................................................................................................ 327, 328 Reed, Denis Y. ............................................................................................................................................... 128 Reed, Douglas J. ............................................................................................................................................ 128 Regan, Lorri .......................................................................................................................................... 240, 256 Regional Transit Authority ............................................................................................... 190, 402, 407, 412, 420 Reisdorf, Terrance J. ...................................................................................................................................... 170 Renaissance Construction Corp. (a/k/a Kane Development corp.)................................................................... 298 Rental Housing and Arrest Activity................................................................................................................. 435 Requests for Proposals Automated Agenda Management System .................................................................................................. 282 Cellular Phone Service and Handsets ......................................................................................................... 282 Community Garden Program ..................................................................................................................... 470 Consultant Professional Services, Intermodal Facility Location, Port of Dubuque ..........................................81 Downtown Parking Facility ........................................................................................................................ 168 Financial Assistance Pool ........................................................................................................................... 430 Historic Millwork District Energy Analysis ................................................................................................... 125 Historic Millwork District Streets and Utilities Improvements ............................................................. 158, 184 Market-Rate Downtown Rental and Owner-Occupied Residential Units...................................................... 420 Mines of Spain Interpretive Exhibit and Education Program ....................................................................... 352 Procurement Card Services........................................................................................................................ 142 Professional Services for Wetlands Monitoring at the DICW ....................................................................... 130 Roosevelt Park Redevelopment ................................................................................................................. 130 Water Meter Change Out Program .................................................................................................... 134, 353 Requests for Text Amendment ................................................................................................................ 59, 211 Requests to Rezone 1225 Alta Vista Street (Radio Dubuque, Inc.) ................................................................................................56 15264 Middle Road (Gerhard) ............................................................................................................... 23, 35 1800 Manson Road (McNamer) ................................................................................................................. 396 1985-1989 Asbury Road (Hillcrest Family Services) .......................................................................................57 2494 Pearl Street (McDonald) .................................................................................................................... 329 3225 Pennsylvania Avenue (Applewood Senior Housing Apartments) ......................................................... 147 3520-3522 Hillcrest Road (Strohmeyer/Oberbroeckling)...............................................................................55 400 Block of Lincoln Avenue (Mihalakis) .................................................................................................... 330 nd 607 East 22 Street (City)............................................................................................................................36 nd 607 East 22 Street (Wheelock) ..................................................................................................................23 Commerce Park (Callahan) ................................................................................................................ 420, 469 Key Way Drive (Boge, Wolff) ...................................................................................................................... 209 Millstone Drive –North End (Westside Arterial Development, LLC) ............................................................. 469 Northwest Corner of Bluff and Fifth Streets (City) ...................................................................................... 399 Radford Road and Westmark Drive (Kelzer) ............................................................................................... 396 University Avenue at Ethel and Prysi Streets (Kluck) ........................................................................... 206, 256 Book 139 INDEX 505 Requests to Vacate Alley Adjacent to 765 Blanche Avenue (Leifker/Tarkett) ..................................................................... 354, 400 Residential Anti-Displacement and Relocation Assistance Plan ....................................................................... 393 Residential Housing....................................................................................................................................... 420 Residential Parking Permit Districts ................................................................................................ 173, 275, 408 RESOLUTIONS 001-09 Adopting the final assessment schedule for the 2008 Sidewalk Assessment Program ......................... 2 002-09 Accepting the Groveland Place Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the contractor ...................................................................................................... 3 003-09 Accepting the John F. Kennedy Road-Kaufmann Avenue Storm Sewer Project and authorizing the payment of the contract amount to the contractor ................................................................................... 4 004-09 Accepting the Hawthorne Street – Sutton Pool Storm Sewer Extension Project and authorizing the payment of the contract amount to the contractor ................................................................................... 4 005-09 Approving the acquisition of real estate located at 1576 Maple Street in the City of Dubuque, Iowa ... 5 006-09 Accepting improvement and Resolution No. 7-09 Approving final estimate ........................................ 5 007-09 Final Estimate (Five Flags HVAC and Promenade Roof Replacement Project ....................................... 6 008-09 Accepting Improvement - Veterans Memorial Park Rest Room Renovation Project t .......................... 6 009-09 Final Estimate Veterans Memorial Park Rest Room Renovation Project .............................................. 6 010-09 Beer Permits January 5, 2009 ............................................................................................................ 7 011-09 Liquor Licenses January 5, 2009 ........................................................................................................ 7 012-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Oak Grove Sanitary Sewer and Water Main Extension Project ...... 7 013-09 Approving the plat, preliminary schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity ................................................................................................. 8 014-09 Resolution of Necessity for the Oak Grove Sanitary Sewer and Water Main Extension Project ............ 8 015-09 Setting a public hearing on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan .............................................................................................................. 9 016-09 Fixing date of hearing on a proposed Development Agreement between the City of Dubuque and Dubuque Initiatives, and a proposed Incentive Agreement between the City and International Business Machines Corporation .............................................................................................................................13 017-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $25,000,000 General Obligation Bonds (for Urban Renewal Purposes) of Dubuque, Iowa, and providing for publication of notice thereof ....................................................................................................................................................14 018-09 Accepting improvements in Crescent Heights Subdivision .................................................................17 019-09 Accepting improvements in Arbor Estates – Phase 3 Subdivision.......................................................17 020-09 Accepting stormwater detention improvements in Cedar Ridge Farm Place No. 4 .............................17 021-09 Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE) application to the Iowa Department of Transportation for the construction of a street north from Chavenelle Road to access lots in the Dubuque Industrial Center North Siegert Area ...................................................................................18 022-09 Approving a Development Agreement for the redevelopment of 40 Main Street ...............................18 023-09 Accepting the deed to certain real estate in Dubuque County, Iowa, from Lloyd and Jane Steffen......19 024-09 Approving the plat of survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of the southeast quarter of the southeast quarter of Section 24, Township 88 North, Range 2 east of the Fifth P.M. in Table Mound Township in Dubuque County, Iowa, ........................................................................................................19 025-09 Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail .......................................................................................20 026-09 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof .......................20 027-09 Establishing the Fair Market Value of Real Property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley ...................................................................................21 028-09 Beer Permits January 20, 2009 .........................................................................................................22 029-09 Beer, Liquor, Wine Licenses January 20, 2009 ...................................................................................22 030-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Floodwall Levee Slope Stabilization Project .................................22 031-09 Approving Final Plat of English Ridge Subdivision in the City of Dubuque, Iowa .................................24 032-09 Instituting proceedings to take additional action for the issuance of not to exceed $25,000,000 General Obligation Bonds ........................................................................................................................27 506 INDEX Book 139 033-09 Accepting conveyance of real property described as Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an addition in the City of Dubuque, Iowa ..............................................................29 034-09 Authorizing the filing of a State of Iowa Financial Assistance Application, IBM Corporation................30 035-09 Approving the agreement between the City of Dubuque, Iowa and Dubuque Professional Firefighters Association, Local #353, and authorizing the Mayor to sign the agreement ...............................................31 036-09 Approving the acquisition of real estate located at 317 / 319 E 22nd Street in the City of Dubuque ...31 037-09 Approving the Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City street relocations and/or reconstruction for City of Dubuque Southwest Arterial ...............................32 038-09 Beer Permits February 2, 2009 .........................................................................................................32 039-09 Liquor Licenses February 2, 2009 .....................................................................................................32 040-09 Resolution of intent to vacate public interest in Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Dubuque County, Iowa ..................................................................................................33 041-09 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof ..............................................................................................................33 042-09 Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds .........................................................................................34 043-09 Approving plans, specifications, form of contract, and estimated cost for the Floodwall Levee Slope Stabilization Project .................................................................................................................................35 044-09 Granting the issuance of a six-month Class “C” Beer/Liquor License to Bricktown Brewery ................35 045-09 Approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project.................................................................................................39 046-09 With respect to the adoption of the Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water Main Extension Project.................................................................................................39 047-09 Approving schedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project .................................................................................................................39 048-09 Awarding public improvement contract, Oak Grove Sanitary Sewer and Water Main Ext. Project ......40 049-09 Accepting public improvements in Oak Meadows Second Addition ...................................................46 050-09 Accepting the grant of an easement for sanitary sewer through, under and across Lots 3, 4, and 5 of Block 3 of Oak Meadows Second Addition in the City of Dubuque.............................................................46 051-09 Accepting the 911 High Bluff Retaining Wall Repair Project and authorizing the payment of the contract amount to the contractor ...........................................................................................................46 052-09 Accepting the sanitary sewer improvements in the Isaac Hanna Subdivision .....................................47 053-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2-1-1-1-1-1-1 of Mineral Lot 510 in the City of Dubuque.................................................................................................................47 054-09 Accepting the grant of an easement for sanitary sewer over and across Lot 2 of 2 of Beverly Pines in the City of Dubuque ................................................................................................................................48 055-09 Accepting the grant of an easement for sidewalk, underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across part of Lot 181 in East Dubuque, an addition to the City of Dubuque, Dubuque County, Iowa ............................................................................................48 056-09 Accepting the grant of an easement for sanitary sewer through, under and across part of Lots 8, 9, 49 and 50 of Lenox Addition in the City of Dubuque ......................................................................................48 057-09 Accepting the grant of an easement for storm sewer over and across Lot 1 Block 1 Sunset Park Fifth Addition in the City of Dubuque ...............................................................................................................49 058-09 Accepting the deed to certain real estate in Dubuque County, Iowa, from James R. Foht ...................49 059-09 Approving the Plat of Survey of Lots 1 of 1 and 2 of 1 of Northrange Industrial Park No. 3 in the City of Dubuque, Iowa ........................................................................................................................................49 060-09 Approving a LWCF grant application to the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion .................................................................................................................50 061-09 Awarding public improvement contract for the Floodwall Levee Slope Stabilization Project...............51 062-09 Approving the acquisition of real estate located at 2268 Washington Street in the City of Dubuque ..51 063-09 Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor ...........................................................................................................................................52 064-09 Approving the second amendment to the Medline Industries, Inc. Development Agreement ............52 065-09 Approving a master contract and Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Dubuque Stamping and Mfg., Inc. .........53 066-09 Beer Permits February 16, 2009 .......................................................................................................54 Book 139 INDEX 507 067-09 Liquor Licenses February 16, 2009....................................................................................................54 068-09 Setting the date for the public hearing on the Fiscal Year 2010 Budget for the City of Dubuque .........54 069-09 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Year 2010 through 2014 for the City of Dubuque .............................................................................................55 070-09 Approving plat of Lot 1 of Gillespie’s Second Addition including the proposed vacated Gillespie Street, Fink Street, and adjacent alley .................................................................................................................59 071-09 Vacating public interest in Gillespie Street, Fink Street, and adjacent alley in the City of Dubuque, Dubuque County, Iowa ............................................................................................................................60 072-09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,500,000 Sewer Revenue Capital Loan Notes ..................60 073-09 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program Funds ..............................................................................................61 074-09 Approving and authorizing execution of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives, and the Incentive Agreement between the City and International Business Machines Corporation .............................................................................................................................61 075-09 Adopting the Historic Millwork District Master Plan ..........................................................................62 076-09 Approving the Wage and Compensation Package for Non-Bargaining Unit Employees, FY 2010 .........75 077-09 Approving the Acquisition Plat of a part of Lot 1 of Tranel Place in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Devon Drive (Lot A) ..................................81 078-09 Approving a LWCF grant agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion .................................................................................................................81 079-09 Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $3,200,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2009, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note ...........................................................................................................................82 080-09 Approving a Development Agreement for the expansion of Dubuque Stamping and Manufacturing, Inc., at the Jackson Street facility .............................................................................................................87 081-09 Approving a contract with the Iowa Department of Economic Development and Morrison Bros. Co. for Community Economic Betterment Account (CEBA) and Enterprise Zone (EZ) benefits on behalf of Morrison Bros. Co...................................................................................................................................................88 082-09 Granting the issuance of a Class “C” Beer/Liquor License to Players Sports Bar ..................................89 083-09 Liquor Licenses March 2, 2009 .........................................................................................................89 084-09 Liquor Licenses March 2, 2009 .........................................................................................................89 085-09 Resolution of intent to vacate and dispose of City interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old Mill Road roadway easement ....................................90 086-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Kephart Building Improvement Project .......................................90 087-09 Approving the Consultant Professional Services Agreement for final design services for the Southwest Arterial ....................................................................................................................................................91 088-09 Approving the Fiscal Year 2010 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department ..............................................................................................94 089-09 Adopting Annual Budget for the Fiscal Year ending June 30, 2010 .....................................................96 090-09 Adopting Five Year Capital Improvement Program Budget for Fiscal Year 2010 – 2014 ......................96 091-09 Adopting the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan as amended ...............................................................................................................96 092-09 Approving an increase in building permit fees ..................................................................................97 093-09 Adopting the Five Year Street Program ........................................................................................... 100 094-09 Approving an advance of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Fund, and directing the certification of an Urban Renewal Project advance under Iowa Code Section 403.19....................................................................................................................................... 100 095-09 Approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Fund, and directing the certification of an Urban Renewal Project advance under Iowa Code Section 403.19....................................................................................................................................... 100 096-09 Accepting the Historic Old Main Street Lighting and Sidewalk Replacement Project and authorizing the payment of the contract amount to the contractor ................................................................................ 105 097-09 Adopting the final assessment schedule for the Historic Old Main Street Lighting and Sidewalk Replacement Project ............................................................................................................................. 106 508 INDEX Book 139 098-09 Accepting the Port of Dubuque Outdoor Plaza Project – Phase I and authorizing the payment of the contract amount to the contractor ......................................................................................................... 106 099-09 Amending Resolution No. 238-08 which adopted an interim application process for wireless telecommunication facilities by extending the interim application process until June 1, 2009 .................. 108 100-09 Beer Permits March 16, 2009 ......................................................................................................... 108 101-09 Liquor Licenses March 16, 2009 ..................................................................................................... 108 102-09 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 J.D. Communications, Inc. ........................................................ 109 103-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project ...................................................................................................................................... 109 104-09 Approving Plat of Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old Mill Road roadway easement ............................................................................................. 110 105-09 Vacating portions of excess rights-of-way and easements of Old Mill Road and Manson Road ......... 110 106-09 Disposing of City interest in Lot 1 of Old Mill Place No. 3, City of Dubuque, Dubuque County ........... 111 107-09 Approving plans, specifications, form of contract, and estimated cost for the Kephart Building Improvement Project............................................................................................................................. 111 108-09 Intent to approve a forgivable loan contract with the Iowa Department of Economic Development on behalf of Dubuque Initiatives and setting a public hearing for April 6, 2009............................................. 126 109-09 Accepting the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT Project No. STP-A-946-0(1)-86-31 and authorizing payment of the contract amount to the contractor ......................................................................................................... 129 110-09 Accepting the 2007 CDBG Access Ramp Project and authorizing the payment of the contract amount to the contractor ................................................................................................................................... 129 111-09 Approving Mutual Aid and Assistance Agreement between the City of Dubuque and the Iowa Water/Wastewater Agency Response Network (IOWARN) ..................................................................... 130 112-09 Liquor License Renewals April 6, 2009 ............................................................................................ 131 113-09 Beer Permits April 6, 2009 ............................................................................................................. 132 114-09 Preliminary approval of plans, specifications, form of contract for the Louise Lane Bridge Reconstruction Project .......................................................................................................................... 132 115-09 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and JD Communications, Inc. ........................................................................ 133 116-09 Approving plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project ................................................. 133 117-09 Approving a Physical Infrastructure Assistance Program (PIAP) contract and Promissory Note with the Iowa Department of Economic Development for the purchase of the Roshek Building ............................ 134 118-09 Awarding public improvement contract for the Kephart Building Improvement Project ................... 134 119-09 Approving the selection of Iowa Appraisal and Research Corporation as the Professional Appraisal Services consultant to provide real estate property acquisition appraisals for the acquisition of right-of-way for the development of the Southwest Arterial Project ........................................................................... 135 120-09 Approving the selection of Peoples Company of Iowa as the Professional Appraisal Services Consultant to provide real estate property review appraisals for the acquisition of the right-of-way for the development of the Southwest Arterial Project ...................................................................................... 135 121-09 Accepting improvements in Indiana Subdivision ............................................................................. 138 122-09 Approving the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements (CS-TSF-2100(644)--85-31, Agreement #2010-TS-018) ..................................................................................................................... 139 123-09 Adopting the revised final assessment schedule for the Historic Old Main Street – Lighting and Sidewalk Replacement Project ............................................................................................................... 139 124-09 Authorizing execution of CAT Grant Agreement for E.B. Lyons Interpretive Center Expansion .......... 140 125-09 Approving an Agreement for RISE funding with the Iowa Department of Transportation relating to development of a new street in the Dubuque Industrial Center West ..................................................... 140 126-09 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 ....................................................................................................................................... 141 127-09 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2010 (Program Year 2009) .......................................... 142 128-09 Approving an amendment to the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives ............................................................................................................................... 144 Book 139 INDEX 509 129-09 Approving the Plat of Survey of Riverwalk Ninth Addition ............................................................... 144 130-09 Beer Permits April 20, 2009............................................................................................................ 145 131-09 Liquor Licenses April 20, 2009 ........................................................................................................ 145 132-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Kephart Building Roofing Project ............................................................. 146 133-09 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2009 Budget for the City of Dubuque .................................................................................................................................... 146 134-09 Approving plans, specifications, form of contract, and estimated cost for the Louise Lane Bridge Reconstruction Project .......................................................................................................................... 150 135-09 Authorizing approval of the final plat of North Fork Trails in the City of Dubuque, Iowa ................... 150 136-09 Approving the First Amendment to the Incentives Agreement between the City of Dubuque, Iowa, and International Business Machines Corporation ........................................................................................ 156 137-09 Approving the application and Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) Amendment 4 for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Funding ........... 157 138-09 Awarding public improvement contract for the Louise Lane Bridge Reconstruction Project ............. 158 139-09 Allowing the use of the “Appraisal Waiver Provision” for purchase of uncomplicated acquisitions for public improvement projects ................................................................................................................. 159 140-09 Authorizing execution of a Provisionally Accredited Levee (PAL) Letter of Agreement with the Federal Emergency Management Agency for the Dubuque Levee and Floodway System ..................................... 159 141-09 Approving HRDP Grant Application for Mines of Spain Exhibit and Education Program .................... 159 142-09 Awarding the public improvement contract for the Eagle Point Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) ........................................................................................................................... 160 143-09 Resolution of Support for the upgrade of US Highway 20 to four lanes ............................................ 161 144-09 Approving the acquisition of real property located at 10719 Merlin Lane, Dubuque, Iowa ............... 161 145-09 Approving the acquisition of real property located at 8198 Jecklin Lane, Dubuque, Iowa ................. 161 146-09 Beer Permits May 4, 2009 .............................................................................................................. 163 147-09 Liquor Licenses May 4, 2009 .......................................................................................................... 163 148-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, ordering the advertisement for bids, Locust Street Sidewalk and Traffic Signal Installation - 8th to 12th Sts. Project ........................... 164 149-09 Approving plans, specifications, form of contract, and estimated cost for the Kephart Building Roof Replacement Project ............................................................................................................................. 165 150-09 Awarding public improvement contract for the Kephart Building Roof Replacement Project ............ 165 151-09 Approving Amendment No. 2 to the Fiscal Year 2009 Budget for the City of Dubuque ..................... 166 152-09 Accepting the 11th Street Steps and Grove Terrace Retaining Wall Project and authorizing the payment of the contract amount to the contractor ................................................................................ 171 153-09 Authorizing the execution of an agreement with the Iowa Homeland Security and Emergency Management Division, as required for receiving Federal and State Hazard Mitigation Grant Program Funding, for the sanitary sewer improvements associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage Improvements Project.......................................................................................... 171 154-09 Amending Loan Agreement with Dubuque Nursery and Landscaping .............................................. 172 155-09 Adopting the Tri-State Integrated Walking, Biking, Hiking Network Plan .......................................... 172 156-09 Approving and authorizing execution of a Notice and Consent Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek Building Investment Fund, LLC .......................... 172 157-09 Beer Permits May 18, 2009 ............................................................................................................ 174 158-09 Liquor Licenses May 18, 2009......................................................................................................... 174 159-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Green Alley Pilot Project – Alley between Jackson and White Streets from 11th to 13th Streets .............................................................................................................................. 175 160-09 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity ........................................................................................................ 175 th 161-09 Resolution of Necessity Green Alley Pilot Project – Alley between Jackson and White Streets from 11 th to 13 Streets ....................................................................................................................................... 176 162-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Eagle Point Trolley Line Trail Project ........................................................ 176 510 INDEX Book 139 163-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the North Fork Catfish Creek Sanitary Sewer Project – Phase I ....................... 177 164-09 Approving plans, specifications, form of contract, and estimated cost for the Locust Street Sidewalk and Traffic Signal Installation – 8th to 12th Street Project ....................................................................... 178 165-09 Establishing the fair market value of real property at 502/504 Rhomberg Avenue, Dubuque, Iowa, owned by Michael Lindauer and Donna Lindauer ................................................................................... 178 166-09 Establishing the fair market value of real property at 1553 Maple Street, Dubuque, Iowa, owned by Milton Schwartz .................................................................................................................................... 179 167-09 Approving the First Amendment to the 40 Main LLC Development Agreement................................ 179 168-09 Approving the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) – Amendment 5 for Community Development Block Grant Recovery Funds .......................................................................... 181 169-09 Consenting to a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives................................................................................................................. 182 170-09 Authorizing publication of a Notice of Intent to request release of funds for the Neighborhood Stabilization Program ............................................................................................................................ 183 171-09 Approving final plat of Tanglewood Subdivision in Dubuque County, Iowa ...................................... 183 172-09 Awarding public improvement contract for the Locust Street Sidewalk and Traffic Signal Installation – 8th to 12th Street Project ...................................................................................................................... 184 173-09 Adopting the schedule of assessments for grass cutting charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable, and directing the Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof ................................................................................................. 184 174-09 Adopting the Schedule of Assessments for vacant and abandoned building and problem property charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ..................................... 185 175-09 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Section 26-3(b)(1)h, Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa ............................................................................................... 186 176-09 Adopting the final Assessment Schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project .............................................................................................. 186 177-09 Adopting the Schedule of Assessments for snow and ice removal charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable, and directing the Clerk to Certify the Schedule of Assessments to the County Treasurer and to publish notice thereof ..................................................................................... 187 178-09 Authorizing the City to collect delinquent snow and ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code, Section 41.86, Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of Dubuque, Iowa ............................................................................................... 188 179-09 Approving the acquisition of real estate located at 2655 Shiras Avenue, Dubuque, Iowa ................. 189 180-09 Naming Depositories (BBVA Compass, PetData, Inc.) ...................................................................... 189 181-09 Cigarette Licenses June 1, 2009 ...................................................................................................... 190 182-09 Beer Permits June 1, 2009 .............................................................................................................. 190 183-09 Liquor Licenses June 1, 2009 .......................................................................................................... 190 184-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for the publication of notice thereof .................................................................................................................................................. 191 185-09 Preliminary approval of plans, specifications, form of contract, and estimated cost North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase II ........................................................................ 191 186-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids was adopted ...................................................................................................... 192 187-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids .......................................................................................................................... 193 188-09 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (11th – 13th between White and Jackson Streets) ...................................................................... 194 189-09 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Green Alley Pilot Project (11th – 13th between White and Jackson Streets)............................................................... 194 Book 139 INDEX 511 190-09 Approving Schedule of Assessment and estimate of total cost for the Green Alley Pilot Project (11th – 13th between White and Jackson Streets) .............................................................................................. 195 191-09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Trolley Line Trail Project ........................................................................................................................................... 195 192-09 Approval of plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I .................................................. 195 193-09 Awarding public improvement contract for the Green Alley Pilot Project (11th – 13th between White and Jackson Streets) .............................................................................................................................. 198 194-09 Awarding public improvement contract for the Eagle Point Trolley Line Trail Project ....................... 199 195-09 Awarding public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I .................................................................................................. 199 196-09 Accepting the Quince Street Underground Utility Reconstruction Project and authorizing payment to the contractor ....................................................................................................................................... 199 197-09 Adopting the final assessment schedule for the Quince Street Underground Utility Reconstruction Project .................................................................................................................................................. 200 198-09 Authorizing certain City of Dubuque Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution.... 201 199-09 Approving and authorizing execution of a revised Form of Notice and Consent Agreement by and among the City of Dubuque, Iowa, Dubuque Bank & Trust Company, Dubuque Initiatives, and Roshek Building Investment Fund, LLC ............................................................................................................... 202 200-09 Cigarette Licenses June 15, 2009 .................................................................................................... 203 201-09 Beer Permits June 15, 2009 ............................................................................................................ 203 202-09 Liquor Licenses June 15, 2009 ........................................................................................................ 204 203-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project .................................................................................................................................................. 204 204-09 Instituting proceedings to take additional action for the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes ................................................................................................. 212 205-09 Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Sanitary Sewer Project – Phase II ........................................................................................................... 213 206-09 Approving plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center West – North Siegert Farm Phase III Project ................................................................................ 213 207-09 Approving plans, specifications, form of contract, and estimated cost for the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II ......................................................................... 213 208-09 Awarding Contract (Design of Parking Ramp at 5th and Bluff Streets).............................................. 214 209-09 Approving the Second Amendment to the Incentives Agreement between the City of Dubuque, Iowa, and International Business Machines Corporation .................................................................................. 216 210-09 Authorizing and providing for the issuance of $690,529 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2009 (40 Main LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an urban renewal project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District ........................................................ 221 211-09 Approving plat of Lot B of Bonson and Stewart’s Subdivision .......................................................... 230 212-09 Approving plat of Lot C of Bonson and Stewart’s Subdivision .......................................................... 230 213-09 Accepting the Rush Street Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor ................................................................................ 230 214-09 Adopting the final assessment schedule for the Rush Street Reconstruction Project – Bryant Street to Villa Street ............................................................................................................................................ 231 214A-09 Authorizing the City Engineer to execute necessary documents on behalf of the City of Dubuque for right-of-way property acquisitions for the Southwest Arterial Project ..................................................... 232 215-09 Approving a financial assistance award from the Economic Development Administration (EDA) ...... 232 216-09 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development ................................................................................... 232 217-09 Approving the acquisition of real estate owned by Milton E. Schwartz in the City of Dubuque ......... 233 218-09 Resolution of Support and financial commitment for the Main Street Program in Dubuque, Iowa ... 233 219-09 Cigarette Licenses (New) July 6, 2009 ............................................................................................. 234 220-09 Cigarette License (Renewals) July 6, 2009 ....................................................................................... 234 221-09 Liquor Licenses July 6, 2009 ........................................................................................................... 235 512 INDEX Book 139 222-09 Fixing date for a meeting on the authorization of a loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof ............................................................................................................ 235 223-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project ............................................................................................................. 236 224-09 Fixing date of public hearing on plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project ................................................................................................ 236 225-09 Ordering the advertisement for bids for the Iowa 32 Hike / Bike Trail Phase 2 Project ..................... 237 226-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area ................................................................................................................... 237 227-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area ................................................................................................ 237 228-09 Ordering the advertisement for bids for the Trail Project at Bergfeld Recreation Area ..................... 238 229-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project .............................................................................................................. 238 230-09 Setting date of public hearing on plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project .............................................................................................. 238 231-09 Ordering the advertisement for bids for the E.B. Lyons Nature Center Addition Project ................... 239 232-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Locust Street Asphalt Resurfacing Project (9th Street To 17th Street) Iowa DOT Project No. STP-U-2100 (641)--70-31 .............................................................................................. 239 233-09 Approving plans, specifications, form of contract, and estimated cost for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project ..................................................................... 240 234-09 Awarding public improvement contract for the North Fork Catfish Creek Sanitary Sewer Project – Phase II ................................................................................................................................................. 241 235-09 Awarding the public improvement contract for the Dubuque Industrial Center West – North Siegert Farm Phase III Project ............................................................................................................................ 242 236-09 Awarding public improvement contract for the National Mississippi River Museum and Aquarium River Center Project – Phase II ............................................................................................................... 243 237-09 Rejecting bid proposals for Contract No. 3 – Fire Protection for the National Mississippi River Museum and Aquarium River Center Project – Phase II ......................................................................................... 244 238-09 Approving the acquisition of real estate located at 502 / 504 Rhomberg Avenue ............................. 246 239-09 Rescinding Resolution No. 142-09 Awarding the Public Improvement Contract for the Eagle Point Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to K & W Coating, LLC..... 247 240-09 Awarding the public improvement contract for the Eagle Point Water Plant Clear Well Reservoir Phase II Rehabilitation (Pipe Coating) Project to Superior Painting & Epoxy Coating, LLC ................................... 247 241-09 Awarding public improvement contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project ................................................................................................................. 248 242-09 Rescinding Resolution No. 362-08 and approving the final plat of Graf Farms in Dubuque County ... 248 243-09 Approving Amendment #1 to the Fiscal Year 2010 (Program Year 2009) Annual Action Plan for Community Development Block Grant Funds ......................................................................................... 249 244-09 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 ........................................................................................................................... 249 245-09 Cigarettes Licenses - New July 20, 2009 .......................................................................................... 252 246-09 Cigarette License Renewals July 20, 2009 ....................................................................................... 252 247-09 Beer Permits July 20, 2009 ............................................................................................................. 252 248-09 Liquor Licenses July 20, 2009 ......................................................................................................... 252 249-09 Resolution of Intent to dispose of real property by lease agreement, Dubuque Montessori School .. 253 250-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Fire Station No. 4 – Door Replacement Project ........................................ 253 251-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Garfield Retaining Wall Repair Project ..................................................... 254 252-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Historic Shot Tower Rehabilitation Project ............................................... 255 Book 139 INDEX 513 253-09 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes of Dubuque, Iowa and directing publication of notice thereof............................................................................................. 255 254-09 Instituting proceedings to take additional action for the authorization of a loan and disbursement agreement and the issuance of not to exceed $8,000,000 Water Revenue Capital Loan Notes ................ 259 255-09 Approving plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 2 Project...................................................................................................................................... 259 256-09 Approving plans, specifications, form of contract, and estimated cost for the Trail Project at Bergfeld Recreation Area..................................................................................................................................... 260 257-09 Approving plans, specifications, form of contract, and estimated cost for the E.B. Lyons Nature Center Addition Project .................................................................................................................................... 260 258-09 Approval of plans, specifications, form of contract, and estimated cost for the locust street asphalt resurfacing project (9th Street to 17th Street), Iowa DOT Project No. STP-U-2100 (641)--70-31 ............... 260 259-09 Endorse Application (National Mississippi River Museum and Aquarium Vision Iowa River Enhancement Community Attraction and Tourism Program) .................................................................. 261 260-09 Authorizing execution of a Homelessness Prevention and Rapid Re-Housing Program grant agreement with the U.S. Department of Housing and Urban Development............................................................... 263 261-09 Approving Acquisition Plat of Lot A of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa ........................................................................ 263 262-09 Accepting a conveyance of property of Lot A of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa ....................................................... 264 263-09 Accepting the grant of an easement for underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of Lot 1 of Lot 1 of Lot 2 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque .......................................................................... 264 264-09 Accepting the grant of an easement for underground electric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of Lot 2 of Lot 1 of the E ½ of the SW ¼ of Section 21, T89N, R2E, 5th P.M. in the City of Dubuque ...................................................................................... 264 265-09 Accepting the Kephart Building Improvements – Selective Demolition Project and authorizing the payment of the contract amount to the contractor ................................................................................ 265 266-09 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Sustainable Neighborhood Builders, Inc. .................... 265 267-09 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and 40 Main, LLC.............................................................. 266 268-09 Authorizing REAP grant application to Iowa Department of Natural Resources for Iowa 32 Bike / Hike Trail (Phase 3) ....................................................................................................................................... 267 269-09 Cigarette License Renewals ............................................................................................................ 267 270-09 Beer Permits August 3, 2009 .......................................................................................................... 267 271-09 Liquor Licenses August 3, 2009....................................................................................................... 267 272-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Eagle Point Water Plant Vacuum Filter Project ......................................... 268 273-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Miller Road Water Main Extension Project .............................................. 269 274-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Highway 151/61 South Water Main Extension Project ............................. 269 275-09 Disposing of an interest in real property by lease agreement, Dubuque Montessori School ............. 270 276-09 Approving plans, specifications, form of contract, and estimated cost for the Fire Station No. 4 – Door Replacement Project ............................................................................................................................. 271 277-09 Approving plans, specifications, form of contract, and estimated cost for the Garfield Retaining Wall Repair Project........................................................................................................................................ 271 278-09 Approving plans, specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation Project ............................................................................................................................ 271 279-09 Approving the Second Amendment to the 40 Main, LLC Development Agreement .......................... 275 280-09 Awarding Contract (Iowa 32 Hike/Bike Trail Phase 2 Project to Connolly Construction) ................... 276 281-09 Awarding contract for the Trail Project at Bergfeld Recreation Area ................................................ 276 thth 282-09 Awarding public improvement contract for the Locust Street Resurfacing – 9-17 Sts. Project ...... 277 283-09 Liquor License Renewal .................................................................................................................. 278 514 INDEX Book 139 284-09 Adopting the schedule of assessments for the first half of the 2009 Weed/Garbage/Junk Enforcement Program specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ..................................... 279 285-09 Adopting the Dubuque Metropolitan Area Solid Waste Agency’s 2009 Comprehensive Solid Waste Management Plan Update ..................................................................................................................... 280 286-09 Awarding public improvement contract for the Fire Station No. 4 Door Replacement Project .......... 281 287-09 Authorizing execution of a Community Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban Development ............................................................................ 281 288-09 Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Milton Schwartz at 1553 Maple Street in Dubuque County, Iowa, for the Bee Branch Creek Restoration Project ...................................................................................................................... 282 289-09 Accepting the Bee Branch Floodwall Pumping Station Auxiliary Power Project ................................ 283 290-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC ................................................................................. 283 291-09 Beer Permits August 17, 2009 ........................................................................................................ 284 292-09 Liquor Licenses August 17, 2009 ..................................................................................................... 284 293-09 Cigarette Licenses August 17, 2009 ................................................................................................ 284 294-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project .............................. 285 295-09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Vacuum Filter Project ............................................................................................................................ 287 296-09 Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project................................................................................................................................... 288 297-09 Approval of plans, specifications, form of contract, and estimated cost for the Highway 151 / 61 South Water Main Extension Project ............................................................................................................... 288 298-09 Awarding public improvement contract for the E.B. Lyons Nature Center Expansion Project............ 290 299-09 Authorizing the submittal of an application to the State of Iowa I-JOBS Grant Program for funding of the Lower Bee Branch Creek Restoration Project .................................................................................... 290 300-09 Awarding public improvement contract for the 1695 Garfield Retaining Wall Project ...................... 290 301-09 Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project – Phase I .................................................................................................................................................. 291 302-09 Approving an Agreement between the Iowa Department of Economic Development and the City of Dubuque ............................................................................................................................................... 293 303-09 Accepting the 2008 Drain Tile Project (Melrose Terrace) and authorizing payment of the contract amount to the contractor ...................................................................................................................... 297 304-09 Accepting the 2008 Drain Tile Project (Mineral Street) and authorizing payment of the contract amount to the contractor ...................................................................................................................... 297 305-09 Accepting the 2008 Drain Tile Project (Deborah Drive) and authorizing payment of the contract amount to the contractor ...................................................................................................................... 297 306-09 Accepting the St. Mary’s Street Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 298 307-09 Accepting sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque, Iowa (also known as Pine Knoll condominiums) ...................................................................... 299 308-09 Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1-1-3 St. Mary’s Place in the City of Dubuque ....................................................................................................... 299 309-09 Accepting a grant of an easement for sanitary sewer through, under and across a part of Lot A of Westbrook Subdivision in the City of Dubuque ....................................................................................... 299 310-09 Accepting a grant of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque Industrial Center West 5th Addition in the City of Dubuque ..................................................... 300 311-09 Accepting the Town Clock Plaza Concrete Repair Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 300 312-09 Accepting the National Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project and authorizing payment of the contract amount to the contractor ....................... 300 313-09 Approving the First Amendment to the HJD Landlord, LLC and HJD Manager, LLC Development Agreement ............................................................................................................................................ 301 314-09 Declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified projects ................................................. 302 Book 139 INDEX 515 315-09 Cigarette Licenses September 8, 2009 ............................................................................................ 303 316-09 Beer Permits September 8, 2009 .................................................................................................... 303 317-09 Liquor Licenses September 8, 2009 ................................................................................................ 303 318-09 Approving plat of Lot 1A of the west half of Block 10 in Dubuque Harbor Company’s Addition ........ 304 319-09 Approving plat of Lot 10A of the west half of Block 1 in Dubuque Harbor Company’s Addition ........ 304 320-09 Approving plat of Lot 12A of the west half of Block 1 in Dubuque Harbor Company’s Addition ........ 305 321-09 Approving plat of Lot 17A of the west half of Block 1 in Dubuque Harbor Company’s Addition ........ 305 322-09 Resolution of intent to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa .......................................................................................................................... 306 323-09 Resolution of intent to dispose of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa ...................................................................................... 306 324-09 Resolution of intent to vacate the final plat of West End Commercial Subdivision and dispose of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa ...................................................................................................................................................... 306 325-09 Resolution of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa ...................................... 307 326-09 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque .................................................................................................................................... 308 327-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds, Series 2009 (for essential corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof ............................................................................................. 309 328-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds, Series 2009 of the City of Dubuque, Iowa, and providing for publication of notice thereof ................................................................................................................................... 310 329-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the City of Dubuque, Iowa, and providing for publication of notice thereof ...................................................................................... 310 330-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Port of Dubuque Parking ramp Concrete Crack Repair Project .................. 311 331-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Heeb Street Retaining Wall Reconstruction Project .................................. 312 332-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Traffic Signal Mastarm Retrofit – Central Avenue at 5th and 7th Streets Project .................................................................................................................................................. 312 333-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Salt Dome Conveyor Project .................................................................... 313 334-09 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement, issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes........ 314 335-09 Approving plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project ........................................................................................................................................ 315 336-09 Affirming the City of Dubuque’s support of and partnership with the 2010 Census .......................... 315 337-09 Awarding contract for the Eagle Point Water Plant Vacuum Filter Project ....................................... 317 338-09 Awarding contract for the Miller Road Water Main Extension Project ............................................. 317 339-09 Awarding contract for the Highway 151 / 61 South Water Main Extension Project .......................... 318 340-09 Approving the general terms and conditions of the Smart Sustainable Dubuque Services Agreement with International Business Machines Corporation (IBM) and authorizing the City Manager to negotiate an agreement with IBM .............................................................................................................................. 319 341-09 Approving plat of Lot A in the southwest quarter of Fractional Section 17, Township 89 North, Range 3 east of the 5th P.M. in City of Dubuque, Dubuque County, Iowa ............................................................. 321 342-09 Approving plat of Lot A in the northeast quarter of Fractional Section 19, Township 89 North, Range 3 east of the 5th P.M. in City of Dubuque, Dubuque County, Iowa ............................................................. 322 516 INDEX Book 139 343-09 Approving plat of Lot A in the southeast quarter of Fractional Section 18, Township 89 North, Range 3 east of the 5th P.M. in City of Dubuque, Dubuque County, Iowa ............................................................. 322 344-09 Approving the Fiscal Year 2009 Annual Action Plan Amendment #6 and #7 for the Community Development Block Grant Recovery, Community Development Block Grant and Homelessness Prevention and Rapid Re-Housing Program funds .................................................................................................... 323 345-09 Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) .................................................................................................. 323 346-09 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding June 30, 2009 ........................................................ 324 347-09 Approving the City of Dubuque Fiscal Year 2009 Street Finance Report ........................................... 324 348-09 Approving submittal of a Statewide Enhancement Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project .................................. 325 349-09 Approving submittal of a Federal Recreational Trails Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities ............................................. 325 350-09 Approving a plat of survey of Bonson and Stewart’s Subdivision Lot E in the City of Dubuque, Iowa . 325 351-09 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds ..................................................................................................................... 326 352-09 Authorizing an application for funding from the Iowa Clean Air Attainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers .............................................................................................................................. 326 353-09 Cigarette Licenses September 21, 2009 .......................................................................................... 327 354-09 Beer Permits September 21, 2009 .................................................................................................. 327 355-09 Liquor Licenses September 21, 2009 .............................................................................................. 327 356-09 Resolution of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa .................................................................... 328 357-09 Rejecting bids for the 2009 Cured-in-Place Lining Project ................................................................ 329 358-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project .............................. 329 359-09 Vacating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition, City of Dubuque, Dubuque County .... 330 360-09 Disposing of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa .......................................................................................................... 331 361-09 Vacating the final plat of West End Commercial Subdivision ........................................................... 332 362-09 Disposing of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa .......................................................................................................... 332 363-09 Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque ..................... 334 364-09 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligation Bonds ................................................................................................................................... 335 365-09 Instituting proceedings to take additional action for the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds .............................................................................................. 335 366-09 Instituting proceedings to take additional action for the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds................................................................................................................... 336 367-09 Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Parking ramp Concrete Crack Repair Project ....................................................................................................... 336 368-09 Approving plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project................................................................................................................... 336 369-09 Approving plans, specifications, form of contract, and estimated cost for the Traffic Signal Mastarm Retrofit – Central Avenue at 5th and 7th Streets Project ......................................................................... 337 370-09 Approving plans, specifications, form of contract, and estimated cost for the Salt Dome Conveyor Project .................................................................................................................................................. 337 371-09 Directing the advertisement for sale of $2,935,000 General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C, and approving electronic bidding procedures ........................................ 338 372-09 Resolution of intent to dispose of an interest in real property by Development Agreement between and among Dubuque Ice and Recreation Center, Inc., Dubuque Racing Association, and Battlefield Dubuque, LLC and Lease Agreement with Dubuque Community Ice and Recreation Center, Inc. .............. 344 Book 139 INDEX 517 373-09 Awarding public improvement contract for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5th and 7th Streets ............................................................................................................................ 347 374-09 Awarding public improvement contract for the Heeb Street Retaining Wall Reconstruction Project . 348 375-09 Accepting the Dubuque Industrial Center West – Chavenelle Court 2008 Project and authorizing payment of the contract amount to the contractor ................................................................................ 348 376-09 Accepting the University Avenue Extension Project and authorizing payment of the contract amount to the contractor ................................................................................................................................... 349 377-09 Accepting the 2009 Community Development Block Grant (CDBG) Ramp Installation Project and authorizing payment of the contract amount to the contractor .............................................................. 349 378-09 Approving Lot A of Bonson and Stewart’s Subdivision ..................................................................... 350 379-09 Approving Lot D of Bonson and Stewart’s Subdivision ..................................................................... 350 380-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of B&C Cathedral Development, LLC .................................................. 350 381-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of Caradco Building, LLLP ................................................................... 351 382-09 Approving a Browfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of Sustainable Neighborhood Builders, Inc. ........................................ 351 383-09 Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail ..................................................................................... 352 384-09 Approving the acquisition of real estate located at 1699 Washington Street ................................... 352 385-09 Beer Permits October 5, 2009 ........................................................................................................ 353 386-09 Liquor Licenses October 5, 2009 ..................................................................................................... 353 387-09 Resolution of intent to dispose of an interest in public right-of-way owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and MYLA Company, LLC ....................................................... 354 388-09 Resolution of intent to vacate and dispose of City interest in Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa ................................................................................................ 354 389-09 Approving plat of a proposed vacated alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of Dubuque, Iowa .............................................................................. 355 390-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III .................................................................................................................................. 355 391-09 Disposing of an interest in real property by Development Agreement between and among Dubuque Ice & Recreation Center, Inc., Dubuque Racing Association, and Battlefield Dubuque, LLC, and Lease Agreement with Dubuque Community Ice and Recreation Center, Inc. ................................................... 356 392-09 Approving the Second Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG. Seconded by Lynch ....................................................................................................... 359 393-09 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District .................................................................................................................................................. 359 394-09 Approving plat of proposed vacated alley adjacent to 35 McEvoy Street ......................................... 359 395-09 Vacating Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa (Adjacent to 35 McEvoy Street) ..................................................................................................... 360 396-09 Disposing of City interest in Lot B and Lot 1 of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa .......................................................................................................... 360 397-09 Approving plans, specifications, form of contract, and estimated cost for the 2009 Sewer Cured-in- Place Pipe (CIPP) Lining Project .............................................................................................................. 361 398-09 Directing the sale of General Obligation Bonds, Series 2009A ......................................................... 361 399-09 Directing the sale of General Obligation Urban Renewal Bonds, Series 2009B ................................. 362 400-09 Directing the sale of General Obligation Refunding Bonds, Series 2009C ......................................... 362 401-09 Authorizing the redemption of outstanding General Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation Bonds, Series 2002, dated December 15, 2001 of the City of Dubuque, Iowa, and directing notice of redemption ............................................................................................... 362 402-09 Awarding public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project .................................................................................................................................................. 364 403-09 Accepting the Green Alley Pilot Project (11th – 13th between White and Jackson Streets) and authorizing payment of the contract amount to the contractor .............................................................. 366 404-09 Accepting the Eagle Point Park Trolley Line Trail Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 366 518 INDEX Book 139 405-09 Approving I-Jobs Affordable Housing Assistance Grant Application to the Iowa Finance Authority on behalf of Gronen Restoration................................................................................................................. 367 406-09 Approving an amendment to a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Lofts at Cathedral Square ................... 367 407-09 Approving Bonson and Stewart’s Subdivision Lot “H” in the City of Dubuque, Iowa ......................... 368 408-09 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 ........................................................................................................................... 368 409-09 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement................................................................... 371 410-09 Authorizing and providing for the issuance of $2,935,000 General Obligation Bonds, Series 2009A and levying a tax to pay said bonds ............................................................................................................... 372 411-09 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement................................................................... 379 412-09 Authorizing and providing for the issuance of $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and levying a tax to pay said bonds .................................................................................... 379 413-09 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as paying agent, bond registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the execution of the agreement................................................................... 386 414-09 Authorizing and providing for the issuance of $8,885,000 General Obligation Refunding Bonds – Series 2009C and levying a tax to pay said bonds .............................................................................................. 387 415-09 Approving the acquisition of real estate located at 1925 Washington Street ................................... 393 416-09 Policy on the prohibition of the use of excessive force .................................................................... 393 417-09 Beer Permits October 19, 2009 ...................................................................................................... 394 418-09 Liquor Licenses October 19, 2009 ................................................................................................... 395 419-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the Historic Shot Tower Rehabilitation Project – Phase I ................................ 395 420-09 Disposing of an interest in public right-of-way abutting 3338 Center Grove Drive in the City of Dubuque, Dubuque County, Iowa, by lease between with MYLA Company, LLC ...................................... 400 421-09 Vacating Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa ............. 400 422-09 Disposing of City interest in Lot 112-A in Maple Leaf Addition, City of Dubuque, Dubuque County ... 401 423-09 Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III ......................................................... 401 424-09 Awarding public improvement contract for the 2009 Sewer Cured-in-Place Pipe Lining Project ....... 403 425-09 Awarding public improvement contract for the Salt Dome Conveyor Project ................................... 403 426-09 Accepting the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street and authorizing payment of the contract amount to the contractor ................................................................................ 405 427-09 Adopting the final assessment schedule for the Cleveland Avenue Reconstruction Project – Bryant Street to Villa Street Project were adopted ............................................................................................ 405 428-09 Accepting the Louise Lane Bridge Reconstruction Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 406 429-09 Beer Permits November 2, 2009..................................................................................................... 407 430-09 Liquor Licenses November 2, 2009 ................................................................................................. 407 431-09 Preliminary approval of plans, specifications, form of contract, and estimated cost for the Historic Shot Tower Rehabilitation Project – Phase I ........................................................................................... 408 432-09 Rejecting all competitive bids for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III .......................................................................................................... 408 433-09 Accepting the Kephart Building Roof Replacement Project and authorizing the payment of the contract amount to the contractor ......................................................................................................... 414 434-09 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for the Iowa 32 Bike/Hike Trail – Phase 3........................................................................................................................ 414 435-09 Approving the acquisition of real estate located at 347 East 19th Street ......................................... 415 436-09 Approving the sale of real estate located at 351 East 15th Street, in the City of Dubuque, Iowa ....... 415 437-09 Disposing of an interest in real property by easement to Interstate Power and Light Company ........ 415 438-09 Accepting the Floodwall Levee Slope Stabilization Project and authorizing the payment of the contract amount to the contractor ...................................................................................................................... 416 Book 139 INDEX 519 439-09 Adopting Supplement #1 to the Code of Ordinances of the City of Dubuque ................................... 416 440-09 Beer Permits November 16, 2009 ................................................................................................... 417 441-09 Liquor Licenses November 16, 2009 ............................................................................................... 418 442-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof ............................................................................................. 418 443-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III .................................................................................................................................. 419 444-09 Approving the creation of an assistance pool to encourage market-rate downtown rental and owner- occupied residential units in the Greater Downtown Urban Renewal District and authorizing the City Manager to solicit proposals for projects to create such units ................................................................. 421 445-09 Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project - Phase I and directing the City Clerk to re-advertise for bids for the project ............................................. 422 446-09 Accepting the 2008 Asphalt Paving Program and authorizing payment of the contract amount to the contractor ............................................................................................................................................. 427 447-09 Accepting the Foye Street Sidewalk / Curb and Gutter Repair Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 427 448-09 Accepting the Garfield Avenue Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 428 449-09 Accepting the Ramona / Pamela Court Slab Replacement Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 428 450-09 Accepting the West 32nd Street Detention Basin Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 429 451-09 Approving an I-Jobs Affordable Housing Program Assistance grant application to the Iowa Finance Authority on behalf of Michelle Mihalakis / Salvia House ........................................................................ 429 452-09 Approving an amendment to the Request for Proposals to encourage market-rate downtown rental and owner-occupied residential units in the Greater Downtown Urban Renewal District......................... 430 453-09 Accepting the Vacuum Filter Building Back-Up Power Supply Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 430 454-09 Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project and authorizing payment of the contract amount to the contractor ................................................................................ 431 455-09 (Unassigned) ................................................................................................................................. 431 456-09 Beer Licenses December 7, 2009 .................................................................................................... 432 457-09 Liquor Licenses December 7, 2009 ................................................................................................. 432 458-09 Consenting to the assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement between and among the City of Dubuque, Iowa (City), Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque Racing Association (DRA), and Battlefield Dubuque, LLC (Battlefield) ............................ 432 459-09 Instituting proceedings to take additional action for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds ........................................................................................................... 434 460-09 Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III ......................................................... 434 461-09 Awarding a contract to Northern Water Works Supply for the Water Meter Change Out Project for the City of Dubuque, Iowa ........................................................................................................................... 435 462-09 Authorizing the filing of an IDED Direct Financial Assistance Application, Creative Frontier, Inc. ....... 435 463-09 Awarding public improvement contract for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III................................................................................................. 444 464-09 Approving the acquisition of real estate at 1777 Washington Street, City of Dubuque, Iowa ............ 445 465-09 Re-Allocating Funds (Reassign the remaining General Obligation Urban Renewal Bond proceeds for the ramp construction at 10th Street and Central Avenue) ..................................................................... 447 466-09 Authorizing and providing for the issuance and securing the payment of $1,141,000 Sewer Revenue Capital Loan Notes, Series 2010A by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving Loan and Disbursement Agreements, and other related matters...................................................................................................................... 447 467-09 Approving and authorizing a form of Loan and Disbursement Agreements by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $998,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010B, of the City of 520 INDEX Book 139 Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes .................................................................................................................................................... 452 468-09 Approving a Plat of Survey of Barton Randle Second Addition in the City of Dubuque, Iowa ............ 464 469-09 Adopting the final assessment schedule for the 2009 Public Right-of-Way Assessment properties ... 464 470-09 Accepting the Fire Station No. 4 Door Modifications Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 465 471-09 Accepting the US Highway 52 Resurfacing Project and authorizing payment of the contract amount to the contractor ....................................................................................................................................... 466 472-09 Accepting the deed to certain real estate in Dubuque County, Iowa from Scott J. Nelson ................ 466 473-09 Cigarette Licenses December 21, 2009 ........................................................................................... 467 474-09 Beer Permits December 21, 2009 ................................................................................................... 467 475-09 Liquor Licenses December 21, 2009 ............................................................................................... 467 476-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds (for Urban Renewal Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof ............................................................................................. 468 477-09 Approving an I-Jobs Affordable Housing Program Assistance Grant Application to the Iowa Finance Authority for the Historic Washington Neighborhood Rowhouse Project ................................................ 470 478-09 Awarding public improvement contract for the Historic Shot Tower Rehabilitation Project – Phase I471 Resource Enhancement and Protection (REAP) .............................................................................................. 366 Ressler, Monsignor Wayne ...................................................................................................................... 45, 218 Restoration Trust, LLC ................................................................................................................................... 467 Resurrection Church ............................................................................................................................. 173, 174 Retired and Senior Volunteer Program (RSVP) ......................................................................................... 79, 219 Rettenmeier, Andy ......................................................................................................................... 157, 295, 296 Revitalize Dubuque ............................................................................................................................... 352, 393 Revitalize Iowa’s Sound Economy (RISE) .................................................................................................. 18, 140 Rhomberg Avenue ........................................................................................................................................ 246 Richardson, Jenn ........................................................................................................................................... 347 Rights-of-Way ............................................................................................................... 31, 32, 89, 110, 186, 274 Assessments ............................................................................................................................................. 464 Mailboxes (Establishing Standards) ............................................................................................................ 421 River City Paving, Inc. ............................................................................................................................ 427, 465 River Radio, The ............................................................................................................................................ 276 River’s Edge Plaza ............................................................................................................... See Port of Dubuque Riverfest Festival ........................................................................................................................................... 284 Riverview Center, The ................................................................................................................................... 303 Riverwalk ............................................................................................................................ See Port of Dubuque Riviera Lounge .............................................................................................................................................. 235 RKM, LLC (Ron's Discount Smokes) ........................................................................................................ 145, 203 Road Ranger ............................................................................................................................ 20, 230, 235, 252 Roche, Art .......................................................................................................................................................95 Rock and Soul Reunion .................................................................................................................................. 234 Rockdale Methodist Church .................................................................................................................... 90, 110 Rockdale Road Donation of Property at South Grandview Avenue .................................................................. 421 Rodocker, Jon ........................................................................................................................................... 77, 92 Rokusek, Richard and Mary ................................................................................................................... 181, 198 Ron’s Discount Smokes ......................................................................................................................... 145, 230 Ron’s Five Point Mart ............................................................................................................................ 131, 132 RonSan Enterprises, Inc. (Days Inn & Spirits Bar) ............................................................................................ 190 Roosevelt Park ................................................................................................................ 130, 199, 281, 337, 470 Roshek Building ................................................................... 134, 143, 169, 172, 182, 202, See Dubuque Building National Register of Historic Places ............................................................................................................ 301 Roshek Building Investment Fund, LLC ................................................................................................... 172, 202 Ross, Peter M. and Sarah A. .............................................................................................................................80 Rotary Club of Dubuque ......................................................................................................... 173, 204, 234, 252 Roundabouts ........................................................................................................................................ 424, 425 Rubenstein, Marcos ...................................................................................................................................... 277 Rubino, Joseph and Dixie............................................................................................................................... 404 Rubio, Inocente (El Paisano Grocery Store) ......................................................................................................54 Book 139 INDEX 521 Rubly, OSF, Sister Lené .................................................................................................................................. 107 Ruden, Roger ................................................................................................................................................ 337 Running, Rick ..................................................................................................................................................11 Rush Street ........................................................................................................................................... 200, 230 S Safe Community Task Force............................................................................................. 318, 352, 364, 435, 471 Safety National ............................................................................................................................................. 221 Sahajanand Enterprises (Paro Food Mart) .............................................................................................. 132, 235 th Sale of Property Located at 351 East 15 Street ............................................................................................. 415 Salsa’s Mexican Restaurant ........................................................................................................................... 108 Salt Dome Conveyor Project ........................................................................................................... 313, 337, 403 Salvia House ................................................................................................................................................. 429 Sam’s Club ..................................................................................................................................... 235, 431, 432 Sam’s West, Inc. .......................................................................................................................... See Sam's Club Santillo, Michael ................................................................................................................................... 285, 314 Sarazin, Mark ............................................................................................................................................ 45, 80 Schaffer, Vicky .............................................................................................................................................. 198 Schaub, Robert ..................................................................................................................................... 433, 468 Schedules of Assessments ................ 8, 141, 175, 176, 184, 185, 186, 187, 195, 199, 230, 249, 279, 368, 405, 465 Schick, Jessica M. .......................................................................................................................................... 128 Schiesl, Kelly ...................................................................................................................................................44 Schiesl, Robert .................................................................................................................................43, 218, 421 Schlueter, David .................................................................................................................................... 194, 205 Schmidt, Bob ........................................................................................................................................ 164, 177 Schmidt, Steve ................................................................................................................................................50 Schmitt, David J............................................................................................................................................. 128 Schmitt, Pamela Linn ..................................................................................................................................... 295 Schmitz, Jacob ...................................................................................................................................... 279, 296 Schneider Land Surveying & Planning, Inc. ...................................................................................... 328, 359, 360 School Resource Officer (SRO) ....................................................................................................................... 426 Schrodt, Matthew ......................................................................................................................................... 252 Schultz, Paul ........................................................................................................................................... 43, 284 Schwartz, Milton ............................................................................................................................ 178, 233, 282 Schwendinger, Julie Kay ................................................................................................................................ 286 Secretary of State ......................................................................................................................................... 131 Section 8 Administrative Plan ........................................................................................................................ 435 Secure Our Schools Grant .............................................................................................................................. 141 Security Investments, LLC .............................................................................................................................. 350 Seeling, Gina ...................................................................................................................................................29 Seippel Pond Maintenance ............................................................................................................................ 353 Sessions, Baird .............................................................................................................................................. 278 Sewer Cured-in-Place Pipe (CIPP) Lining Project ............................................................... 285, 314, 328, 361, 403 Sewer Revenue Capital Loan Notes ................................................................................................................ 447 Water Pollution Control Plant Renovation Project .................................................................................. 33, 60 Shafer, Geri............................................................................................................................ 138, 193, 205, 321 Shank, Beth .................................................................................................................................................. 167 Shannon’s Bar and Grill ....................................................................................................................20, 267, 268 Sharp, Will ............................................................................................................................................ 245, 424 Sharrad, Pam ........................................................................................................................................ 433, 469 Shiras Avenue ............................................................................................................................................... 189 Shoars, April ......................................................................................................................................... 105, 128 Shot Tower .................................................................................................................... See Historic Shot Tower Shot Tower Inn ............................................................................................................................................. 163 Shurell, James, M. ......................................................................................................................................... 271 Sid’s Beverage Store.............................................................................................................................. 203, 303 Sidewalk Assessment Program ......................................................................................................................... 2 Sidewalk Installation Program ............................................................................................................... 155, 167 522 INDEX Book 139 Sidewalk Ordinance .............................................................................................................................. 271, 316 Sievers, Fred and Mary .................................................................................................................................. 469 Signed Contracts Apex Management Group for Actuary Services .......................................................................................... 130 Award of the contract for the Foye Street Curb and Gutter, Sidewalk Replacement Project......................... 353 Award of the contract for the Ramona Street and Pamela Court Panel Replacement Project ....................... 353 Black Hills Energy for water meter reading services .................................................................................... 130 Catfish Creek North Fork Water Main Improvements ................................................................................. 302 Change Order #1 for the Bergfeld Recreation Area Trail Project.................................................................. 353 Chassis Purchases for Pumper FY 2010 ......................................................................................................... 6 Consultant Services for I&I Investigation .................................................................................................... 163 Dubuque Industrial Center West, North Siegert Farm Phase II Project ........................................................ 234 Eagle Point Park Erosion Control ................................................................................................................ 302 Eco Smart Building, PC. .............................................................................................................................. 284 Strand Associates, Inc. Amendment #1 Clarification ................................................................................... 466 Floodwall Levee Slope Stabilization Project ................................................................................................ 394 Google Products and Services .................................................................................................................... 284 Grand River Center Services, Durrant Group .............................................................................................. 302 Hawkeye Truck and Trailer ........................................................................................................................ 108 IIW Engineers and Land Surveyors (E.B. Lyons Interpretive Center Expansion) ............................................ 353 IIW Engineers for Design Services .............................................................................................................. 130 Kephart Building Improvement Project .............................................................................................. 163, 234 McDermott Excavating for the detention basin maintenance of the Bergfeld and Seippel Ponds ................. 353 McDermott Excavating for the detention basin maintenance of Theisen’s Pond ......................................... 353 Mediacom Communications Corporation Commercial Service Agreement .................................................. 145 Parking Ramp Conceptual Design/Cost Estimate Contract ............................................................................53 Parking Ramp Soil Agreement, W.C. Stewart Construction Company .................................................. 173, 302 Pitney Bowes – Printing and Mailing Equipment Lease ............................................................................... 234 Property Insurance Renewal ...................................................................................................................... 234 Retainer Agreement with the Ferguson Group ........................................................................................... 267 The Powers of Communication related to the Census 2010 community outreach campaign ........................ 353 Thomas Place Guardrail and Curb and Gutter Installation Project ............................................................... 394 Water Pollution Control Plant Eco Smart Building Additional Agreement .................................................... 431 Water Pollution Control Plant Sustainable Energy Consultant Services........................................................ 108 West Third Reservoir, IIW Engineers and Land Surveyors, PC ...................................................................... 302 Silker, Phillip W. ............................................................................................................................................... 3 Silos and Smokestacks National Heritage Area ............................................................................................... 145 Silver Dollar Cantina ................................................................................................................... 53, 54, 173, 174 Simmons, Katie ...............................................................................................................................................44 Sirk, Randy .................................................................................................................................................... 365 Sister Cities International ................................................................................................................................42 Sister City Committee ........................................................................................................................... 137, 261 Sixteenth Street Auto Truck Plaza ................................................................................................... 160, 163, 234 Skelton, Laura ....................................................................................................................................... 328, 359 Skyline Trucking and Storage ................................................................................................................. 129, 349 Slattery Center ...................................................................................................................................... 253, 270 Smart City ............................................................................................................................................. 294, 412 Smart Water Meter Replacement Program ............................................... See Water Meter Change Out Program SMG (Five Flags Center Management) ............................................................................. 170, 174, 344, 356, 359 Smith, Daniel and Janice................................................................................................................................ 469 Smith, Steve.............................................................................................................................................. 49, 50 Smoke Detection Ordinance .......................................................................................................................... 316 Snow and Ice Control ......................................................................................................................................74 Snow and Ice Removal Assessments .............................................................................................................. 187 Snow Removal Assessments – Right of Way Obstruction Removal 2008-2009 ................................................ 186 Sokol, Courtney ............................................................................................................................................ 245 Solid Waste Alley Cart Program ..................................................................................................................... 101 Solon Langworthy House, The ............................................................................................................... 353, 354 South Grandview Avenue Donation of Property at Rockdale Road .................................................................. 421 Book 139 INDEX 523 Southwest Arterial ......................................................................................... 31, 32, 91, 134, 135, 180, 231, 294 Southwood, Brian ......................................................................................................................................... 356 Specht, Jill ..................................................................................................................................................... 157 Special Events Grant Program ....................................................................................................................... 107 Special Olympics Iowa ...................................................................................................................................... 2 Special Sessions ............................................................................................................................................ 346 Awarding North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project Phase III .......... 444 City Council Goal Setting ........................................................................................................................... 294 City Manager’s Annual Evaluation.............................................................................................................. 217 Closed Sessions ................................................................................................................ See Closed Sessions Convention and Visitors Bureau Budget and Work Plan ................................................................................44 Curtis Collection Bill of Sale ....................................................................................................................... 472 Demonstration of the City Web Site Redesign ............................................................................................... 1 Dubuque Ice and Recreation, Inc. (DICE) .................................................................................................... 344 East -- West Corridor Connectivity Study ............................................................................................ 245, 424 FY 2010 Budget Public Hearing ....................................................................................................................95 FY 2010 Departmental Budget Hearings ........................................................................... 42, 43, 76, 77, 78, 93 General Obligation Bonds – Urban Renewal Bonds .......................................................................................27 Historic Millwork District Master Plan ..........................................................................................................28 IBM Development and Incentive Agreements ..............................................................................................13 IBM First Amendment to Incentives Agreement ......................................................................................... 156 IBM Second Amendment to Incentives Agreement .................................................................................... 216 KeyLine Transit Comprehensive Operational Analysis ................................................................................. 412 Landscape Design for the Bee Branch Creek Restoration Project ..................................................................12 Liquor License for Fraternal Order of Eagles #568 ...................................................................................... 278 National Mississippi River Museum and Aquarium Rivers Center Project Phase II ........................................ 243 th Parking Ramp Design, 5 and Bluff Streets ................................................................................................. 346 Physical Infrastructure Assistance Program Forgivable Loan Contract with IDED ......................................... 126 Purchase of 1777 Washington Street ......................................................................................................... 444 Smart Sustainable Dubuque Services Agreement with IBM ......................................................................... 319 Tour of 1126 White Street ......................................................................................................................... 295 Tour of IBM Facilities, Roshek Building ....................................................................................................... 169 Traffic Control Center Tour ........................................................................................................................ 446 Work Session on Dubuque Riverfront Marina............................................................................................. 218 Work Session on KeyLine Transit Comprehensive Operational Analysis ....................................................... 127 Work Session on Pet Park .......................................................................................................................... 196 Work Session on Unified Development Code .............................................................................. 169, 180, 197 Work Session on Washington Neighborhood Plan ...................................................................................... 137 Specific and Aggregate Stop Loss Insurance ................................................................................................... 221 Speed Restrictions Ordinance ........................................................................................................................ 443 Spence, Gil ........................................................................................................................ 76, 277, 289, 337, 470 Spiegel Family Realty..................................................................................................................................... 415 Spiegelhalter, Melvin (The Clubhouse) .............................................................................................................54 St. Mark’s Community Center ............................................................................................................ 76, 95, 220 St. Mary’s Street ........................................................................................................................................... 298 St. Raphael School..................................................................... 350, 367, See B & C Cathedral Development, LLC Staheli, Gerald .............................................................................................................................................. 235 Star Community Recognition ......................................................................................................................... 426 Star Restaurant & Ultra Lounge ..................................................................................................................... 303 State Central Bank ..........................................................................................................................................80 State Energy Program ................................................................................................................................... 322 State Historical Society of Iowa ............................................................................................................. 159, 160 State of Iowa Legislative Priorities – 2010 Session .......................................................................................... 423 State Revolving Fund Loan Agreement..................................................................................................... 82, 136 Stecklein, Nancy ............................................................................................................................................ 337 Steffen, Julie ......................................................................................................................................... 193, 205 Steffen, Lloyd and Jane ...................................................................................................................................19 Stein, Richard................................................................................................................................................ 234 Steiner, Jim ................................................................................................................................................... 286 524 INDEX Book 139 Step-by-Step Project ............................................................................................................................. 267, 413 Stephenson, George (G.M.S., Inc.) ...................................................................................................................82 Sterling Codifiers .................................................................................................................... 291, 316, 339, 416 Stevens, John ........................................................................................................................................ 256, 270 Stewart, R.R.S. (Rachael) ....................................................................................................................... 433, 469 Stewart’s Subdivision ........................................................ See Bonson and Stewart's Subdivision, McEvoy Street Stierman, Bret............................................................................................................................................... 283 Stiles, Jeff .............................................................................................................................. 149, 396, 420, 470 Stillings, Doug ......................................................................................................................................... 19, 364 Stipulations of Settlement ..................................................................................................................... 221, 466 Stock, James and Nancy .....................................................................................................................................46 Stoddard, A.T. ................................................................................................................................ 127, 217, 412 Stone Cliff Winery .......................................................................................................................... 104, 163, 289 Stonekey Properties ...................................................................................................................................... 202 Storm Water Utility Revenue Capital Loan Notes ............................................................................ 255, 314, 452 Stormwater Management Utility Subsidy....................................................................................................... 107 Stovall, M. Thomas..................................................................................................................... 11, 78, 347, 365 Stover, Peggy .................................................................................................................. 193, 194, 205, 240, 337 Straka Johnson Architects ....................................................................................................................... 57, 346 Strand Associates .................................................................................................................................... 12, 466 Street Finance Report FY 2009....................................................................................................................... 324 Streff, Chad (Whiskey River) .......................................................................................................................... 145 Strohmeyer, Richard .......................................................................................................................................55 Strohmeyer, Wayne .......................................................................................................................... 78, 95, 155 Strueber, June E. ........................................................................................................................................... 260 Stubben, Hilary ........................................................................................................................................... 23, 34 Sublime ................................................................................................................................... See Club Sublime Substance Abuse Services Center ...................................................................................... 79, 157, 220, 263, 365 Sumek, Lyle................................................................................................................................................... 294 Superior Painting and Epoxy Coating, LLC .............................................................................................. 247, 431 Superior Welding Supply Co. ......................................................................................................................... 128 Sustainability ........................................................................................................................... 44, 169, 294, 413 Sustainable Neighborhood Builders, Inc. ................................................................................................ 265, 351 Sutton Pool ...................................................................................................................................................... 4 Sutton, Lynn .................................................................................................................................. 433, 469, 471 Sutton, Ruby ................................................................................................................................................. 404 Swartzel, Paul ........................................................................................................................................... 15, 29 Swift, Michael ............................................................................................................................................... 296 Swine-Origin Influenza Virus ................................................................................ See H1N1 Influenza (Swine Flu) T T & M, Inc. (Mario's Italian Restaurant)............................................................................................................32 Taiko Japanese Restaurant ..............................................................................................................................22 Takes, Elizabeth (Betty) ......................................................................................................................... 256, 270 Tanglewood Subdivision .......................................................................................................................... 50, 183 Target Stores ........................................................................................................................................ 353, 354 Tarkett, Raymond E. ........................................................................................................ 326, 354, 355, 400, 401 Tauke, Aggie ...................................................................................................................................................77 Tax Increment Financing (TIF) ............................................................................................................ 6, 221, 436 2009 TIF Report......................................................................................................................................... 447 Taxable Build America Bonds.......................................................................................................... 371, 372, 447 Taxicabs .............................................................................................................................................. 69, 72, 74 Teamsters Local No. 120 ..................................................................................................................77, 130, 296 TeKippe, Ken ...................................................................................................................................................42 Ten Pin Tap ........................................................................................................................................... 267, 268 Teresa Shelter ................................................................................79, 95, 220, See Opening Doors, Maria House Terrill, Michael .............................................................................................................................................. 157 Teska Associates ........................................................................................................................................... 137 Book 139 INDEX 525 TFM Co. (Oky Doky) ........................................................................................................ 131, 132, 252, 253, 432 Theisen’s Pond .............................................................................................................................................. 353 Thermo-Fischer Scientific .............................................................................................................................. 337 Thill, Deacon Jim ........................................................................................................................................... 181 Thoman, Dwayne .................................................................................................................................... 57, 289 Thomas Place ................................................................................................................................................ 394 Tigges, Jennifer ..................................................................................................................................... 194, 205 TLC Properties, Inc. ..................................................................................................... 48, See Lamar Advertising Tobacco Compliance – Civil Penalties for Tobacco License Holders ............................. 20, 131, 141, 160, 188, 230 Tobacco License Applications and Renewals ............................................. 190, 203, 252, 267, 302, 327, 446, 467 Tobacco Outlet ..................................................................................................................................... 145, 235 Tobin, Terry .......................................................................................................................................... 195, 471 Tony’s Place ...................................................................................................................................... 53, 54, 188 Top Grade Excavating, Inc. ............................................................................................................. 199, 290, 428 Tott’s Tap .............................................................................................................................. 141, 157, 160, 174 Town Clock Inn ......................................................................................................................................... 53, 54 Town Clock Plaza ............................................................................................... 54, 174, 190, 235, 267, 284, 300 Traffic Control Center.................................................................................................................................... 446 Traffic Signal Mastarm Retrofit ............................................................................................... 129, 312, 337, 347 Trailways ...................................................................................................................... See Burlington Trailways Tramontina, Michael ..................................................................................................................................... 142 Transit Board of Trustees .............................................................................................................................. 127 Membership ............................................................................................................... 256, 270, 407, 420, 433 Minutes Submitted ............................................................................................. 170, 278, 321, 347, 426, 446 Transit Division ..................................... 77, 217, See also KeyLine Transit, First Transit, Transit Board of Trustees Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) Program......................................... 190 Tredway House Bed & Breakfast.................................................................................................................... 235 Tri-State Area Trail Plan ................................................................................................................................. 172 Tri-State Independent Blind Society ............................................................................................................... 303 Tri-State Trail Vision ...................................................................................................................................... 150 Trotter, Jon and Diane................................................................................................................................... 128 Tschiggfrie Excavating Company .............................................................................. 267, 277, 298, 306, 332, 429 Twenty-Eight E (28E) Agreements .................................................................................................................. 142 Twining, Constance ............................................................................................................................... 433, 469 Tyler, Elder Robert ........................................................................................................................................ 105 Tyler, H. Charles ............................................................................................................................................ 160 U UAW Local #94 ..................................................................................................................................... 6, 7, 467 Uhlrich, Paul ......................................................................................................................................... 164, 177 Unified Development Code ......................................................... 77, 108, 168, 169, 180, 330, 364, 402, 420, 469 Unified Therapy Services ............................................................................................................................... 407 United States Census Bureau ................................................................................................................. 301, 315 United States Conference of Mayors ................................................................................................41, 188, 296 United States Corps of Engineers ................................................................................................................... 188 United States Department of Commerce ....................................................................................................... 276 United States Department of Homeland Security ................................................................................... 144, 170 United States Department of Housing and Urban Development (HUD) 95, 131, 142, 143, 157, 181, 182, 183, 232, 247, 263, 281, 323, 324, 393 United States Department of Interior ..............................................................................................................49 United States Department of Veteran Affairs ................................................................................................. 393 United States Environmental Protection Agency ............................................................................................ 302 United States Supreme Court ........................................................................................................................... 6 University Avenue ........................................................................................ 48, 56, 206, 256, 288, 348, 424, 443 University of Dubuque ............................................................................................................. 21, 262, 284, 286 University of Northern Iowa .......................................................................................................................... 417 Urban Deer Management Program ................................................................................................................ 276 Urban Development Action Grant (UDAG) ...................................................................................... 172, 195, 213 526 INDEX Book 139 Urban Forest Evaluation ................................................................................................................................ 446 Urban Renewal ........................................................................... See Greater Downtown Urban Renewal District Urban Renewal Plan ............................................................................................................................ 13, 27, 61 Urban Renewal Tax Increment Revenue Notes................................................................................ 191, 212, 221 Urban Revitalization .................................................................................................................................. 51, 52 US Cellular / ComElec .................................................................................................................................... 393 US Highway 151 / 61 South ............................................................................................................ 269, 288, 318 US Highway 20 .................................................................................................................................. 47, 81, 160 US Highway 52 .............................................................................................................................................. 465 Utility Billing Department .............................................................................................................................. 229 V Vacant and Abandoned Buildings and Problem Property Assessments............................................................ 185 Vacating of Property ...................................................................................... 33, 59, 90, 306, 328, 330, 332, 359 Vacuum Filter Building Back-Up Power Supply ............................................................................................... 430 Valaskey, Corey ......................................................................................................................................... 55, 91 Valet Parking ............................................................................................................................................ 26, 40 Van Milligen, Michael C. ............................................................................................ 11, 131, 180, 217, 406, 422 VanDeuser, Shirley ..........................................................................................................................................78 Vanguard ....................................................................................................................... See Malay Holdings, LLC VanNatta, Mary L. ......................................................................................................................................... 128 Veenstra & Kimm/JJR .................................................................................................................................... 241 Veterans Memorial ....................................................................................................................................... 343 Veterans Memorial Park............................................................................................................................ 6, 470 Villa Street ............................................................................................................................... 45, 230, 231, 405 Vilsack, Governor Thomas ................................................................................................................................ 3 Vincent, Alan ........................................................................................................................................ 194, 205 Vision Iowa .................................................................................................................................... 140, 261, 431 Visiting Nurses Association (VNA) .......................................................................................................... 417, 466 Vista ............................................................................................................................................................. 137 Visu-Sewer, Inc. ............................................................................................................................................ 403 Vizaleea Drive ....................................................................................................................................... 138, 240 Vogt, Don .................................................................................................................................... 12, 35, 43, 337 Vogt, Larry A. ........................................................................................................................................ 170, 181 Volkert, Lola ......................................................................................................................................... 413, 426 Voluntary Dental Plan ................................................................................................................................... 406 W Wadding, Kim ......................................................................................................................................... 93, 170 Wadding, Reverend Judy ............................................................................................................................... 157 Waelchi, Lynn and Fred ................................................................................................................................. 469 Wage Plan and Compensation Package for Non-Bargaining Unit Employees FY 2010 ........................................74 Wahlert High School ............................................................................................................................. 142, 282 Wainwright, Keisha ....................................................................................................................................... 354 Wainwright, Thomas ................................................................................................................................... 23, 34 Walgreen Drug Stores ............................................................................................................ 190, 203, 235, 303 Walker, John L. (Northern Insurance Company) ............................................................................................. 278 Wal-Mart Stores, Inc. ............................................................................................................................ 235, 303 Walnut Tap .................................................................................................................................... 235, 252, 253 Walsh, Brian ................................................................................................................................................. 150 Walter, Gayle (Gross) ............................................................................................................................ 313, 329 Warranty Deeds ..................................................................................... 19, 29, 49, 161, 189, 264, 415, 445, 466 Wartburg Place ............................................................................................................................................. 283 Washington Neighborhood ............................................................................................... 59, 294, 318, 421, 445 Development Corporation .......................................................................................................... 137, 167, 404 Housing Trust Fund Grant .......................................................................................................................... 326 Plan .................................................................................................................................................. 137, 470 Book 139 INDEX 527 Revitalization ................................................................................................................ 52, 137, 393, 415, 470 Rowhouse Project ..................................................................................................................................... 470 Washington Park........................................................................................................................................... 436 Washington Tool Library ...................................................................................................... 77, 79, 95, 143, 220 Water Department.................................................................................................................................... 43, 95 Water Meter Change Out Program .......................................................................... 136, 201, 202, 214, 353, 434 Water Pollution Control Plant ..............................................................................................43, 95, 108, 142, 294 Renovation Project ..........................................................................................................33, 82, 417, 431, 466 Water Rates for Fire Sprinkler Service ............................................................................................................ 101 Water Rates for Residential, Commercial, Industrial, and All Other Uses................................................. 101, 319 Water Resources Coordinating Council (WRCC) ............................................................................................. 352 Water Revenue Capital Loan Notes ................................................................................................ 235, 259, 452 Water Vacuum Filter Building Back-up Power Supply ..................................................................................... 302 Waugh, Dennis ...............................................................................................................................................12 WC Stewart Construction Company ....................................................................................................... 173, 302 Webster, Walt ...................................................................................................................................... 420, 433 Weed/Garbage/Junk Enforcement Program .................................................................................................. 279 Wegner, Mary, State Librarian ....................................................................................................................... 296 Wehrspann, Joan .......................................................................................................................................... 288 Weiner, Craig J. ............................................................................................................................................. 235 Welbes, Tammy ............................................................................................................................................ 436 Wellness Program ......................................................................................................................................... 230 Wells Fargo National Association ................................................................................................................... 128 Wenzel Towing ............................................................................................................................................. 195 Wernimont, Wally ................................................................................................................................. 180, 197 nd West 32 Street Detention Basin ............................................................................................... 33, 59, 152, 429 West Dubuque Tap ............................................................................................................................... 145, 351 West End Commercial Subdivision .................................................................................................. 267, 306, 332 West Third Reservoir ..................................................................................................................................... 302 Westbrook Park ............................................................................................................................................ 447 Westbrook Subdivision.......................................................................................................................... 299, 469 Westmark Drive ............................................................................................................................................ 396 Westside Arterial Development, LLC ............................................................................................... 364, 401, 469 Wetlands Monitoring Project ........................................................................................................................ 173 Wheeler, Lakeesha ................................................................................................................................ 170, 181 Wheelock, Paul ............................................................................................................................ 23, 24, 37, 105 Whiskey River Bar ......................................................................................................................................... 145 White House, The (Bar) ................................................................................................................................. 234 White Street .................................................................................................................................. 174, 194, 198 White, Dan ........................................................................................................................................... 110, 133 White, John .................................................................................................................................................. 170 Whittenbaugh, Pastor Wayne..........................................................................................................................15 Wilberding, Katrina ............................................................................................................................... 189, 315 Wilbright Lane .............................................................................................................................................. 301 Willard, Tiffany ...............................................................................................................................................61 Willenbring, Ann ........................................................................................................................................... 128 Willging, David ...................................................................................................................................... 295, 296 Willis, Mike ......................................................................................................................................79, 240, 256 Wireless Telecommunications Facilities ......................................................................................................... 107 Wolfe, James Lee .......................................................................................................................................... 263 Wolfe, Timothy ................................................................................................................................................ 2 Wolff, Clark and Linda ................................................................................................................................... 209 Wolff, Rinda (Flowers on Main) ..................................................................................................................... 145 Woodline, Inc. (Engraved Gift Collection) ....................................................................................................... 467 Woodward, Bob .................................................................................................................................... 356, 435 Worcester, D. Swift & R. (Monk's Kaffee Pub) ................................................................................................ 190 Work Sessions...................................................................................................................... See Special Sessions Workers’ Compensation ............................................................................................................. 2, 221, 283, 353 Written Investment Policy ............................................................................................................................. 296 528 INDEX Book 139 Wullwebber, Brian ..........................................................................................................................................93 Y Yardarm Restaurant, The.................................................................................................................................89 Yen Ching Restaurant .................................................................................................................................... 188 YMCA ........................................................................................................................................................... 431 Young, Reverend Thomas .............................................................................................................................. 347 Youthbuild ......................................................................................................................................................26 Yunk, Robert ......................................................................................................................................... 433, 469 Z Zollman, Sister Mary Ann .............................................................................................................................. 404 Zoning Advisory Commission ......................................................................................................................... 180 1225 Alta Vista Street ..................................................................................................................................56 1800 Manson Road ................................................................................................................................... 396 1985-1989 Asbury Road ..............................................................................................................................57 2492 Pearl Street ...................................................................................................................................... 329 3520-3522 Hillcrest Road.............................................................................................................................55 400 Block of Lincoln Avenue ...................................................................................................................... 330 607-609 East 22nd Street ............................................................................................................................36 Applewood Senior Housing PUD Planned Unit Development District Phase 3 .............................................. 147 Barton Randle Second Addition ................................................................................................................. 464 Bonson and Stewart’s Subdivision ..................................................................................................... 325, 368 Dubuque Industrial Center Planned Unit Development .............................................................................. 433 English Ridge Subdivision Final Plat ..............................................................................................................24 Hillcrest Family Services ID Institutional District ......................................................................................... 149 Membership ..................................................................................................................................... 194, 205 Minutes Submitted .................................................... 15, 45, 105, 138, 181, 198, 246, 278, 321, 365, 413, 446 North Fork Trails Final Plat......................................................................................................................... 151 Northrange Industrial Park No. 3 Plat of Survey............................................................................................49 Northwest Corner of Bluff and Fifth Streets ............................................................................................... 399 Radford Road and Westmark Drive ............................................................................................................ 396 Schedule of Sign Regulations ..................................................................................................................... 211 Tanglewood Subdivision Preliminary Plat .....................................................................................................50 Unified Development Code................................................................................................. 169, 330, 364, 402 University Avenue at Ethel and Prysi Streets .............................................................................................. 257 Wartburg Place ......................................................................................................................................... 283 Zoning Board of Adjustment .......................................................................................................................... 180 Membership ................................................................................................................................... 5, 91, 110 Minutes Submitted ......................................................................... 15, 138, 170, 198, 246, 295, 365, 413, 426 Passenger Transfer Facilities ........................................................................................................................59 Unified Development Code........................................................................................................................ 169 Zurcher, Tony and Michelle ........................................................................................................................... 128