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12 6 10 City Council Proceedings Official_Regular and Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 6, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in accordance with Chapter 21.5(1)(c)(j) Code of Iowa. Motion by Braig to go into closed session at 5:31 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session at 6:28 p.m. stating that staff had been given proper direction. There begin no further business, upon motion the City Council adjourned at 6:29 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 6, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Deacon Tim LoBianco of Resurrection Catholic Church. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Lynch. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/28 and 10/26; City Council of 11/15; Community Development Advisory Commission of 11/17; Housing Commission of 9/28; Housing Code Appeals Board of 8/17; Human Rights Commission of 10/11; Library Board of 9/30 and 10/28; Park and Recreation Commission of 11/9 Library Board of Trustees Update from Meeting of October 28, 2010 Proofs of publication of City Council Proceedings of November 1 and 15, 2010 and List of Claims and Summary of Revenues for Month Ended October 31, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: TransPaC Solutions for personal injury of Rebecca Voss; John W. McEnery for vehicle damage; Kristi Schreiber for property loss; Amy Osterberger for vehicle damage; Thomas C. Metz and Mary K. Metz, James W. LaBee and Bonita A. LaBee, and F. James Kolf and Molly A. Kolf vs. City of Dubuque for property damage; Mark and Sandra Willis 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 Communities Assurance Pool: John McEnery for vehicle damage; Amy Osterberger for vehicle damage; TransPaC Solutions on behalf of Rebecca Voss for personal injury; Kristi Schreiber for property damage. Upon motion the documents were received, filed, and concurred. Homelessness and Rapid Re-Housing Program (HPRP): City Manager recommending approval of an amendment to the Project Concern, Inc. agreement for the Homelessness Prevention and Rapid Re-Housing Program (HPRP). Upon motion the documents were received, filed, and approved. Amendment to Fiscal Year 2010 and Fiscal Year 2011 Annual Action Plans: City Manager recommending approval of an amendment to the Fiscal Year 2010 and Fiscal Year 2011 Annual Action Plans by reallocating funds from the prior Fiscal Year 2010 Annual Plan into the Fiscal Year 2011 Annual Plan and reprogramming funds for existing and new projects. Upon motion the documents were received and filed and Resolution No. 447-10 Approving a Fiscal Year 2011 (Program Year 2010) Annual Action Plan – Amendment #2 for Community Development Block Grant (CDBG), Homelessness Prevention and Rapid Re-Housing (HPRP) and Community Development Block Grant Recovery (CDBG-R) Funds was adopted. RESOLUTION NO. 447-10 APPROVING A FISCAL YEAR 2011 (PROGRAM YEAR 2010) ANNUAL ACTION PLAN- AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOMELESSNESSS PREVENTION AND RAPID RE-HOUSING (HPRP) AND COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2010 2 and 2011; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended FY 2011 Annual Plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period beginning October 13, 2010; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on November 17, 2010, and has voted to approve said amendments and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2010 and 2011 are hereby rescinded and the balance of funds from these plans are incorporated into a Fiscal Year 2011 (Program Year 2010) Annual Action Plan- Amendment 2, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2011 (Program Year 2010) Annual Action Plan- Amendment 2 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Acceptance of Worker’s Compensation Claims Administrative Services: City Manager recommending approval of an agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City’s Worker’s Compensation Program. Upon motion the documents were received, filed, and approved. National League of Cities: Communication from Donald J. Borut, Executive Director – National League of Cities, congratulating the City of Dubuque on winning the 2010 All-Star Community Award in the Sustainability Recognition category. Upon motion the document was received and filed. Environmental Stewardship Advisory Commission: Communication from the Environmental Stewardship Advisory Commission recommending City Council adoption of a Complete Streets Policy for new and existing streets. Upon motion the document was received, filed, and referred to the City Manager. Weed Assessments: City Manager recommending approval of the levy of special assessments for the second half of the 2010 Weed Enforcement Program. Upon motion the documents were received and filed and Resolution No. 448-10 Adopting the schedule of assessments for second half of 2010 and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 448-10 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR SECOND HALF OF 2010 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting and junk removal tax assessments which Schedule of Assessments was filed in the st office of the City Clerk on the 1 day of December, 2010 and the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, th 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 Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SCHEDULE OF ASSESSMENTS FOR SECOND HALF OF 2010 Owner; Location; Legal Description; Parcel #; Category; Total Amount of Lien The National Bank, 852 Middle Road, Bettendorf IA 52722 ; Lot south of 585 Tanzanite Drive; Lot 5 Emerald Acres No. 4; 1002479026; Weed cutting; $95.00 Corey Bonner, 1815 W 3rd Street; Dubuque IA 52001; 1815 W 3rd St; Lots 13, 13A, 14 & 14A all in Hodges Sub # 2; 1026252022; Weed cutting; $77.50 Federal National Mortgage Association, c/o Citimortgage, # 2004405110, 1000 Technology Dr., O'Fallon MO 63368; 2828 Brunswick; Lot 68 Belmont All; 1013178004; Weed cutting; $105.00 Ryan Downs, 80 York Street, Dubuque IA 52001; 80 York Street; S 50' N 100' Lot 12 of Min Lot 149; 1026432005; Weed cutting; $60.00 Kevin & Sarah Halfhill, 1801 Lincoln Avenue, Dubuque IA 52001; 1801 Lincoln; Lot 553 Hams Add; 1118133008; Weed cutting; $77.50 Timothy Schulte, 2240 Hoyt Street, Dubuque IA 52001; 2240 Hoyt Street; Lot 1-3 Pfohls Sub; 1023327001; Weed cutting; $77.50 Anthony Trentz & Ti Krapfl, 1890 Audubon, Dubuque IA 52001; 1890 Audubon; Lot 37 Rosedale Add; 1023404007; Weed cutting; $77.50 Deutsch National Tr Co, c/o Wells Fargo Bank, One Home Campus, Des Moines, IA 50312; 640 Sapphire Circle; Lot 2-2 Emerald Acres No. 4; 1002479021; Weed cutting; $77.50 Timothy Schulte, 2240 Hoyt Street, Dubuque IA 52001; 2240 Hoyt; Lot 1-3 Pfohls Sub; 1023327001; Weed cutting; $112.50 Kevin & Sarah Halfhill, 1801 Lincoln Avenue, Dubuque IA 52001; 1801 Lincoln; Lot 553 Hams Add; 1118133008; Weed cutting; $77.50 4 Bayview Investments LC, 1940 Amelia Dr., Dubuque IA 52001; 30 W 28th; N 36.5' & S 23.5' - W 114' OF LOT 263 Davis Farm Add.; 1013307011; Weed cutting; $77.50 Dale & Linda Walker 1271 Lakeside Dr. # 3127, Sunnyvale CA 94085-1061; 830 Valentine; Lot 1 Blk 2 Thomas Farm Add; 1035305004; Weed cutting; $95.00 Advanced Custom Builders LLC, 15942 Canterbury Ct., Dubuque IA 52002; 3357 Arrowwood Lane; LOT 12 BLK 8 ARBOR ESTATES; 1009482006; Weed cutting; $112.50 Veronica Paradiso, 222 Evergreen Dr., Marshall WI 53559-9214; 459 Loras; Lot 6 of City Lot 667; 1024338005; Weed cutting; $95.00 Bruggeman, Monte, 2494 Hempstead Street, Dubuque IA 52001; 2494 Hempstead; Lot 1- 2-2-3 Lots 146 & 146A LH Langworthy's Add; 1024104002; Weed cutting; $77.50 Deutsch National Tr Co, c/o Wells Fargo Bank, One Home Campus, Des Moines, IA 50312; Sapphire Circle, 640; Lot 2-2 Emerald Acres No. 4; 1002479021; Weed cutting; $60.00 Thomas & Christine Meierhoff, 365 Hill Street, Dubuque IA 52001; Hill Street, 365; Lot 26 Deming & Horrs Sub; 1025176022; Weed cutting & Junk removal; $462.00 Steve Haggerty, 620 Fremont Ave., Dubuque IA 52003; Lot at corner of N Grandview & Kaufmann Avenues; Lot 2-1-1-1-1-1-1-1-1-1 of Mineral Lot 342; 1014376021; Weed cutting; $95.00 Kaiser, Travis A. & Chapman, Kendra K, 2721 Elm St; 2721 Elm St; S 1/2 of Lot 191 GlenDale Add; Junk removal; $110.00 Michael, Gay & David Early, 627 Angella Street, Dubuque IA 52001; 627 Angella; Lot 17 Quigley's Sub of 712 627-629 Angella; Junk and animal waste removal; $240.00 TOTAL = $2,262.00 2010 Intake Reconstruction Project: City Manager recommending acceptance of the 2010 Intake Reconstruction Project as completed by McDermott Excavating in the final contract amount of $65,999.00. Upon motion the documents were received and filed and Resolution No. 449-10 Accepting the 2010 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 449-10 ACCEPTING THE 2010 INTAKE RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2010 Intake Reconstruction Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Catch Basin Maintenance appropriation for the contract amount of $65,999.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 5 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2010 INTAKE RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2010 Intake Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $68,197.45. th Dated this 30 day of November, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of November, 2010. Jeanne F. Schneider, CMC, City Clerk thth Locust Street Resurfacing Project – 9 to 17 Streets: City Manager recommending thth acceptance of the Locust Street Resurfacing Project – 9 to 17 Streets as completed by Tschiggfrie Excavating Company in the final contract amount of $643,936.18. Upon motion the documents were received and filed and Resolution No. 450-10 Accepting the Locust Street thth Resurfacing Project – 9 to 17 Streets and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 450-10 TH ACCEPTING THE LOCUST STREET ASPHALT RESURFACING PROJECT (9 STREET TH TO 17 STREET), IOWA DOT PROJECTNO. STP-U-2100 (641)--70-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Locust Street Asphalt Resurfacing thth Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100 (641)--70-31 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the DMATS thth STP Funds, Locust, 9 to 17, Sanitary Manhole Replacement Program, Water Main Replacement Program, and Storm Sewer Replacement Program appropriations for the contract amount of $643,936.18 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE LOCUST STREET THTH ASPHALT RESURFACING PROJECT (9 STREET TO 17 STREET), IOWA DOT PROJECTNO. STP-U-2100 (641)--70-31 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has thth inspected the Locust Street Asphalt Resurfacing Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100 (641)--70-31, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $796,194.25. 6 th Dated this 29 day of November, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of November, 2010. Jeanne F. Schneider, CMC, City Clerk thth Traffic Signal Mastarm Retrofit Project – Central Avenue at 5 and 7 Streets: City Manager recommending acceptance of the Traffic Signal Mastarm Retrofit Project – Central Avenue at thth 5 and 7 Streets as completed by A&G Electric in the final contract amount of $156,897.58. Upon motion the documents were received and filed and Resolution No. 451-10 Accepting the thth Traffic Signal Mastarm Retrofit Project – Central Avenue at 5 and 7 Streets and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 451-10 ACCEPTING THE TRAFFIC SIGNAL MASTARM RETROFIT PROJECT, CENTRAL THTH AVENUE AT 5 AND 7 STREETS, AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Traffic Signal Mastarm Retrofit Project, thth Central Avenue at 5 and 7 Streets (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Traffic Signal Mastarm Retrofit, Signal Intersection Reconstruction, Fiber Optic Conduit – Private and Miscellaneous appropriations for the contract amount of $156,897.58 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TRAFFIC SIGNAL THTH MASTARM RETROFIT PROJECT, CENTRAL AVENUE AT 5 AND 7 STREETS The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has thth inspected the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5 and 7 Streets, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $180,432.22. th Dated this 29 day of November, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of November, 2010. Jeanne F. Schneider, CMC, City Clerk Replacement of Section 8 Software System: City Manager recommending approval of the issuance of a request for proposals for replacement of the Housing and Community Development Department’s Section 8 financial and tenant management software system. Upon motion the documents were received, filed, and approved. 7 Housing Enterprise Zone Program Agreement – Bonson’s Block Ventures, LLC: City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Bonson’s Block Ventures, LLC for benefits related to the redevelopment of the Bonson Block building located at 356 Main Street. Upon motion the documents were received and filed and Resolution No. 452-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Bonson’s Block Ventures, LLC, was adopted. RESOLUTION NO. 452-10 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND BONSON’S BLOCK VENTURES, LLC. Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on September 29, 2010 approved the application of Bonson’s Block Ventures, LLC, for Housing Enterprise Zone benefits; and Whereas, Bonson’s Block Ventures, LLC’s, application was approved by the Iowa Department of Economic Development on October 19, 2010; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for Bonson’s Block Ventures, LLC, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary 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 Housing Enterprise Zone Program Agreement, Number 11-HEZ-008, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Rehabilitation Loan and Grants for the Caradco Building Project: City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 façade grant, a $10,000 design grant and a $15,000 financial consultant grant for John and Mary Gronen to support their rehabilitation of the Caradco Building at 900 Jackson Street in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 453-10 Authorizing a letter of commitment and additional actions concerning a Downtown Rehabilitation Loan, Façade Grant, Design Grant and Financial Consultant Grant to Caradco Building, LLLP, was adopted. 8 RESOLUTION NO. 453-10 AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN, FAÇADE GRANT, DESIGN GRANT AND FINANCIAL CONSULTANT GRANT TO CARADCO BUILDING, LLLP. Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Caradco Building, LLLP meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of Caradco Building, LLLP participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Caradco Building, LLLP for participation in the Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Caradco Building, LLLP for review and approval. Section 3.That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4.That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk National Academy of Public Administration: Press release that City Manager Michael C. Van Milligen has been elected to be a NAPA Fellow and information from the National Academy of Public Administration. Upon motion the documents were received and filed. Iowa 32 Bike / Hike Trail – Phase 2 Project: City Manager recommending acceptance of the Iowa 32 Bike / Hike Trail – Phase 2 Project as completed by Connolly Construction in the final contract amount of $266,265. Upon motion the documents were received and filed and Resolution No. 454-10 Accepting the Iowa 32 Bike / Hike Trail – Phase 2 Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 454-10 ACCEPTING THE IOWA 32 BIKE/HIKE TRAIL PHASE 2 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Iowa 32 Bike/Hike Trail Phase 2 Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; 9 and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Iowa 32 Bike/Hike Trail Phase 2 Project appropriation for the contract amount of $266,265 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Recreation Site Field Supervisor Position: City Manager recommending approval of the creation of a temporary part-time position to assist with staffing at the Multicultural Family Center (MFC). Upon motion the documents were received, filed, and approved. Design Service Agreement: City Manager recommending approval of a Design Service th Agreement with IIW for the Dubuque flood control system and East 12 Street peninsula. Upon motion the documents were received, filed, and approved. Helping Services for Northeast Iowa: City Manager recommending approval of a subcontract with Helping Services for Northeast Iowa regarding underage alcohol sales compliance checks and monitoring reimbursement. Upon motion the documents were received, filed, and approved. Human Rights Commission Annual Report: City Manager transmitting the Human Rights Commission’s Annual Report for Fiscal Year 2009/2010. Upon motion the documents were received and filed. Washington Neighborhood Plan: City Manager recommending approval of the Washington Neighborhood Plan to facilitate future implementation of the strategies for the Washington Neighborhood and providing an update on progress. Upon motion the documents were received and filed and Resolution No. 455-10 Adopting the Washington Neighborhood Plan was adopted. RESOLUTION NO. 455-10 ADOPTING THE WASHINGTON NEIGHBORHOOD PLAN Whereas, a two-year visioning and community planning process begun in 2007 produced a consensus-built plan for revitalization of the Washington Neighborhood; and Whereas, this Plan was presented to the City Council in a work session in April 2009, and has served as a blueprint for subsequent implementation of recommendations for improvements in the Washington Neighborhood; and Whereas, adoption of the Plan is required for implementation of additional recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Washington Neighborhood Plan is hereby adopted in its entirety. th Passed, approved and adopted this 6 day of December, 2010. 10 Roy D Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Human Rights Commission: Communication from Pamela Sharrad submitting her resignation from the Human Rights Commission. Upon motion the document was received and filed and the resignation accepted. 3D Modeling Software:City Manager recommending that the City of Dubuque support a 3D Modeling project to support transportation services and economic development in Dubuque County and the region. Upon motion the documents were received, filed, and approved. Code of Ordinances: City Manager recommending approval of Supplements 2 and 3 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 456-10 Adopting Supplements 2 and 3 to the Code of Ordinances of the City of Dubuque was adopted. RESOLUTION NO. 456-10 ADOPTING SUPPLEMENT NOS. 2 AND 3 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43- 09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 2 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 52-09 through 54-09, 57-09, 59-09, 2-10 through 15-10, 17-10, 21-10, 22-10, 24-10 passed by Council and enacted through April 19, 2010, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Section 2. That Supplement No. 3 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 25-10, 26-10, 31-10 through 37-10, 39-10 through 46-10, 48-10 through 50-10 and 54-10 passed by Council and enacted through September 20, 2010, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Signed Contracts: Water Pollution Control Plant Modifications – Additional Service thth Agreement; and the 10 and Central Parking Ramp and 10 and Central Fire Headquarters Expansion – Construction Testing and Inspection Services. Upon motion the documents were received and filed. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 457-10 11 Granting the issuance of a permit to sell cigarettes and cigarette papers to Kwik Stop; Resolution No. 458-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #2, Kwik Stop Food Mart (2320 Hwy 61) and Kwik Stop (4110 Dodge Street); and Resolution No. 459- 10 Granting the issuance of a Class “C” Beer/Liquor License to Pepper Sprout, Instant Replay and Double Shot; a Class “C” Liquor License to Cookin’ Something Up; a Class “B” Wine Permit to Hy-Vee #2; and a Class “WBN” Native Wine License to I Luv Food, Gotta Have It, Kwik Stop Food Mart (2320 Hwy 61) and Kwik Stop (4110 Dodge Street) were adopted. RESOLUTION NO. 457-10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Kwik Stop Rainbo Oil Company 4110 Dodge Street th Passed, approved and adopted this day 6 of December, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 458-10 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Hy-Vee, Inc. Hy-Vee #2 +(Sunday Sale) 2395 NW Arterial Rainbo Oil Company Kwik Stop Food Mart +(Sunday Sale) 2320 Hwy 61 Rainbo Oil Company Kwik Stop +(Sunday Sale) 4110 Dodge Street th Passed, approved and adopted this 6 day of December, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 459-10 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Pepper Sprout, Inc. Pepper Sprout +(Sunday Sale) 378 Main Street 12 Pamela Barry Arensdorf Instant Replay +(Sunday Sale) 1602 Central Avenue Tim Specht Double Shot +(Sunday Sale) 2093 Washington Street SPECIAL CLASS “C” LIQUOR Cookin’ Something Up Cookin’ Something Up +(Sunday Sale) 1640 JFK Rd. CLASS “B” WINE Hy-Vee, Inc. Hy-Vee # 2 2395 NW Arterial CLASS “WBN” NATIVE WINE LICENSE TFM I Luv Food 535 Hill Street, Ste. B Gotta Have It, Inc. Gotta Have It 315 Bluff Street Rainbo Oil Company Kwik Stop Food 2320 Hwy 61 Rainbo Oil Company Kwik Stop 4110 Dodge Street Passed, approved and adopted this 6th day of December. 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Historic Millwork District Complete Streets Project: City Manager recommending initiation of the public bidding process for the Historic Millwork District Complete Streets Project and that a public hearing be set for December 20, 2010 to consider approval of the plans and specifications, form of contract, estimated cost and Resolution of Necessity. Upon motion the documents were received and filed and Resolution No. 460-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Historic Millwork District Complete Streets Project; and Resolution No. 461-10 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on the Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 20, 2010 in the Historic Federal Building. RESOLUTION NO. 460-10 HISTORIC MILLWORK DISTRICT COMPLETE STREETS PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Historic Millwork District Complete Streets Project, in the estimated amount $6,631,721.25, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of December, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost 13 of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Historic Millwork District Complete Streets Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 25 day of January, 2011. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the th 7 day of February, 2011, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 461-10 HISTORIC MILLWORK DISTRICT COMPLETE STREETS PROJECT APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached plat, schedule of assessments, and estimate of total cost for the Historic Millwork District Complete Streets Project and the proposed Resolution of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. th The City Council will meet on the 20 day of December, 2010, at 6:30 p.m. at the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. th Passed, approved and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 14 MILLWORK DISTRICT RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: NOVEMBER 8, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true value of such lots by the City Council of the City of Dubuque PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; NET ASSESSED VALUATION (2010); VALUATION; WITH IMPROVEMENT; 20% NET PAVING IMPROVEMENT COST; 100% NET PAVING IMPROVEMENT COST; CONCRETE SIDEWALK COST; TOTAL PUBLIC IMPROVEMENT COST; ASSESSMENT DEFICIENCY; PRIVATE SANITARY SEWER SERVICE; PRIVATE WATER SERVICE; TOTAL NET ASSESSMENT Design Center, Inc.; City Lots 359, 360 & 361; 10 24 491 001; $48,400; $65,549.08; $17,149.08; $17,149.08; -$761.81; $16,387.27 Plastic Center, Inc.; City Lots 364-368 Inc. also Vac Alley between City Lots 359 to 363 & City Lots 364 to 368; 10 24 491 002; $582,410; $602,988.90; $20,578.90; $20,578.90; $20,578.90 Plastic Center, Inc.; Balance City Lot 404; 10 24 492 001; $73,200; $101,142.63; $27,942.63; $27,942.63; -$2,656.97; $25,285.66 Plastic Center, Inc.; City Lots 354, 355, 356, 357 & 358 Also W1/2 alley between White St. & Jackson from 7th-8th-Adjacent to Said Lots; 10 24 488 001; $730,880; $766,189.52; $35,309.52; $35,309.52; $35,309.52 Plastic Center, Inc.; City Lots 369, 370, 371, 372 & 373 Also E 1/2 Alley adjacent to City Lots 369 to 373 - alley located between White & Jackson Sts. 7th - 8th Sts.; 10 24 488 002; $67,400; $112,349.19; $44,949.19; $44,949.19; -$16,861.89; $28,087.30 Wilmac Property Co.; City Lots 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377 & 378; 10 24 483 001; $926,600; $980,548.22; $53,948.22; $53,948.22; $53,948.22 Wilmac Property Co.; City Lot 379 & S 15' City Lot 380; 10 24 479 008; $78,400; $86,277.80; $7,877.80; $7,877.80; $7,877.80 Redmond, Mark S.; W 45' City Lot 399, W 45' N 1/2 City Lot 400; 10 24 484 001; $49,000; $55,255.78; $6,255.78; $6,255.78; $6,255.78 Rettenmaier, John; E 55' City Lot 399 & E 55' N 1/2 City Lot 400; 10 24 484 002; $87,600; $90,113.28; $2,513.28; $2,513.28; $2,513.28 Fincel, Michael J.; S 1/2 City Lot 400, City Lot 401; 10 24 484 003; $91,600; $100,739.20; $9,139.20; $9,139.20; $9,139.20 Caradco Building LLLP; City Lots 394 thru 398, 420 thru 424, & S 1/2 W Bal of City Lot 505A & City Lot 394A; 10 24 480 009; $340,500; $640,436.07; $27,416.83; $244,163.00; $28,356.24; $299,936.07; $5,000.00; $2,000.00; $306,936.07 White, John H.; Lot 1 of City Lot 381 N 36.2' of City Lot 380; 10 24 479 007; $28,700; $35,415.17; $6,715.17; $6,715.17; $6,715.17 White, John H.; Lot 2 of City Lot 381; 10 24 479 011; $52,700; $56,383.43; $3,683.43; $3,683.43; $3,683.43 Montague, Ryan; City Lot 382; 10 24 479 010; $106,500; $112,592.80; $6,092.80; $6,092.80; $6,092.80 Jakd LLC; City Lot 383; 10 24 479 009; $79,300; $85,392.80; $6,092.80; $6,092.80; ; $6,092.80 Spahn & Rose Lumber Co.; City Lots 384-387 & S 1/2 City Lot 388; 10 24 477 010; 15 $363,000; $390,417.60; $27,417.60; $27,417.60; ; $27,417.60 Kalmes Brothers LLC; N 1/2 City Lot 388; 10 24 477 009; $133,000; $136,046.40; $3,046.40; $3,046.40; $3,046.40 Mabusth, Stuart W. & Mary P.; City Lot 389, N 30.89' of City Lot 390; 10 24 480 001; $79,600; $89,358.00; $9,758.00; $9,758.00; $9,758.00 Mabusth, Stuart W. & Mary P.; City Lots 428 & 429 & N Pt City Lot 427; 10 24 480 002; $127,500; $127,500.00; $0.00; $2,500.00; $2,500.00; $5,000.00 Wilmac Property Co.; City Lots 391-393, 389A, 425, 426 & S Pt 427, S 20.17' of 390, N 1/2 W-Bal 505A (100 Jackson, 225 & 275 E. 10th St.); 10 24 480 003; $582,200; $732,299.49; $17,618.49; $115,783.00; $16,698.00; $150,099.49; $0.00; $2,000.00; $10,000.00; $162,099.49 Warehouse Redevelopment LLC; Lot 2 Center City Place (375 E. 9th); 10 24 480 014; $402,600; $756,149.00; $311,425.00; $42,124.00; $353,549.00; $0.00; $1,500.00; $2,000.00; $357,049.00 Mid American Holdings; Lot 1 Center City Place; 10 24 480 013; $703,500; $1,199,860.16; $456,628.00; $39,732.16; $496,360.16; $0.00; $2,500.00; $15,000.00; $513,860.16 Jeld-Wen Inc. D/B/A Jeld-Wen Fiber of Iowa Attn Prop. Tax Acct.; City Lots 405, 405A, 406, 407, 408, 409, 410, 411, 412, 413, 414 & 2-417; 10 24 489 002; $260,050; $311,961.79; $51,911.79; $51,911.79; $51,911.79 Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa Attn Prop. Tax Acct.; City Lot 402, 403, N25'2" Lot 415, 416 & 416A; 10 24 484 010; $128,500; $141,914.39; $13,414.39; $13,414.39; $13,414.39 TOTALS: $1,653,740.70; -$20,280.68; $13,500.00; $31,500.00; $1,678,460.03 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Human Rights Commission: Three 3-year terms through January 1, 2014 (Terms of Davis, Scott, and Rubenstein); one 3-year term through January 1, 2013 (Term of Sharrad); and one 3-year term through January 1, 2012 (Term of Wilberding). Applicants: Frederick Davis, Jr., 2274½ Washington Street; Kurt Hansen, 511 Nocturnal Lane; and Marcos Rubinstein, 663 Fenelon Place. Mr. Davis and Mr. Hansen spoke in support of their appointment. Mediacom Cultural Affairs Charitable Foundation: Two 1-year terms through December 31, 2011 (Terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining, 421 N. Booth Street. Safe Community Advisory Committee: Nine 1-year terms through December 31, 2011. Applicants: Anthony Allen, 1725 Delhi Street; Mary Rae Bragg, 350 Kaufmann Avenue; Diane Callahan, 531 Sapphire Circle; Jonathan Cheatham, 2396 University Avenue; Rachel Daack, 800 Laurel Street; Amanda Elkins, 2257 Chaney Road; Ann Ernst, 899 Mt. Carmel Road; Phil French, 1035 Rockdale Road; Bob Lanka, 2280 Jackson Street; Doug Stillings, 1255 Locust Street; Susan Stork, 2115 Golden Eagle Drive; and Lynn Sutton, 876 Yale Court. Ms. Bragg, Ms. Callahan, Ms. Daack, Ms. Ernst, Mr. French, Mr. Stillings, Ms. Stork, and Ms. Sutton spoke in support of their appointment. ACTION ITEMS Request to Reconsider – Radford Court Rezoning: Communication from John Herrig requesting that City Council reconsider the Radford Court rezoning application. 16 Communications from City Attorney Barry A. Lindahl regarding the reclassification for Radford Court LLC. Communication from Mark J. Sullivan requesting that the City Council deny the reconsideration application filed by John Herrig. th Mayor Buol reiterated concerns brought up at the November 15 public hearing. Motion by Jones to reconsider the request and re-open the public hearing. Seconded by Connors. Motion failed 2-4 with Lynch, Resnick, Braig and Buol voting nay. Motion by Jones to reconsider the request and allow developer John Herrig to rebut public comments only. Motion carried 6-0. Mr. Herrig, 13750 Surrey Lane, spoke and waived his right to rebuttal. th Motion by Braig to receive and file the documents from the November 15 and December th 6 meetings. Seconded by Lynch. Motion carried 6-0. Motion by Connors to receive and file the documents and consider the first reading of the proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District from the table. Seconded by Jones. Motion failed 4-2 with Lynch, Resnick, Braig, and Buol voting nay. City in Motion – An IBM First of a Kind Proposal: City Manager recommending approval of the expansion of the IBM / City of Dubuque Smarter City Partnership into the area of vehicle miles traveled. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Memorandum of Understanding – Black Hills Energy: City Manager recommending approval to enter into a Memorandum of Understanding with Black Hills Energy Corporation to conduct a natural gas pilot program as part of Smarter Sustainable Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. State of Iowa Financial Assistance Application for Eagle Point Software: City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) Program Financial Assistance application to the Iowa Department of Economic Development on behalf of Eagle Point Software Corporation. Motion by Connors to receive and file the documents and adopt Resolution No. 462-10 Authorizing the filing of an application for State Financial Assistance on behalf of Eagle Point Software. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 462.10 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSISTANCE ON BEHALF OF EAGLE POINT SOFTWARE. Whereas, Eagle Point Software Corporation has proposed the relocation and expansion of its operations in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 15 total jobs; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) Program was designed to assist in the economic development efforts of local jurisdictions; and 17 Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the CEBA program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the CEBA Program on behalf of Eagle Point Software is hereby approved. Section 2. That the local match identified in the application estimated at $200,000 consisting of TIF funding to the Landlord for buildout of the space was approved in the Development Agreement to redevelop the property at 40 Main Street. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 6 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Five Flags Civic Center Annual Report: City Manager transmitting the Five Flags Civic Center Annual Report and advising that Five Flags Manager Joyce White will provide an update on activities in the current fiscal year and plans for the future. Motion by Connors to receive and file the documents. Seconded by Braig. Ms. White reviewed highlights from the annual report and described new initiatives for the Center. Motion carried 6-0. Multicultural Family Center Annual Report: City Manager transmitting the Multicultural Family Center Annual Report and advising that Multicultural Family Center Director Tara Velez will provide an update on the efforts and success of the Center. Motion by Lynch to receive and file the documents. Seconded by Jones. Ms. Valez provided highlights from the Center’s first annual report and responded to questions from City Council. Motion carried 6-0. Results of Public Vote for Rebranding and Renaming KeyLine: City Manager transmitting the results of the public vote for the rebranding and renaming of KeyLine and recommending that the City Council select a new name from the top vote getters. Motion by Connors to receive and file the documents, select the name “JULE”, and leave the color choice to staff. Seconded by Braig. Responding to questions from City Council, Economic Development Director Dave Heiar stated that ECIA staff will handle the graphic design work and requests direction from the City Council regarding name and possible color scheme adding that outside design companies will be considered. Transit Director Barbara Morck explained that due to equipment wear patterns it would not be feasible to limit vehicles to specific colors and routes. Motion carried 6-0. State of Iowa Legislative Priorities – 2011 Session: City Manager recommending approval of the State of Iowa Legislative Priorities for the 2011 session. Motion by Connors to receive and file and approve the recommendation. Seconded by Braig. Motion carried 6-0. Council Appointments: Communication from Jesús Avilés, Dubuque Racing Association, requesting that the City make appointments to the DRA Board of Directors (currently Mayor Roy Buol, City Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors (currently City Council Members Ric Jones and David Resnick), and a representative 18 appointed by the City Manager (currently Jason Hartman). Motion by Connors to receive and file the documents and reappoint the current members to the DRA board and Council Member Resnick to the Operation: New View board. Seconded by Resnick. Jones indicated that he would be agreeable to going off the Operation: New View Board due to schedule conflicts. Connors questioned why three people represent the City on the Operation New View board. Van Milligen suggested appointing one person and checking into the agency’s by-laws relative to membership. Motion carried 6-0. There being no further business, upon motion the City Council adjourned at 8:26 pm. /s/Jeanne F. Schneider, CMC City Clerk 19