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2010 City Council Official Proceedings Book 140 OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA 2010 Approved July 5, 2011 Recorded and prepared by Jeanne F. Schneider, CMC, City Clerk Kevin S. Firnstahl, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2010 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 2010 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 .................................................................. MARIE L. WARE (From May) LEISURE SERVICES MANAGER – INTERIM ............................. PATRICK J. PREVENAS (Through April) LIBRARY DIRECTOR.............................................................................................. SUSAN A. HENRICKS PERSONNEL MANAGER ............................................................................................ RANDALL K. PECK PLANNING SERVICES MANAGER ........................................................................ LAURA B. CARSTENS POLICE CHIEF ................................................................................. MARK M. DALSING (From February) POLICE CHIEF – INTERIM ........................................................ TERRENCE N. TOBIN (Through January) 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 140 Regular Session, January 4, 2010 1 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Richard L. Hanson for vehicle damage; Anna Paradiso for vehicle CITY COUNCIL damage; Ron and Ann Burds for vehicle dam- OFFICIAL age; Arthur Cotton for vehicle damage; Sally PROCEEDINGS A. Lang (for Courtney Meyer) for vehicle dam- age; Cheryl Ludovissy for vehicle damage. Upon motion the documents were received, The Dubuque City Council met in regular filed, and referred to the City Attorney. session at 6:30 PM on January 4, 2010 in the Historic Federal Building. City Attorney advising that the following claims have been referred to Public Entity Risk Present: Mayor Buol, Council Members Services of Iowa, the agent for the Iowa Com- Braig, Jones, Lynch, Resnick, Voetberg, City munities Assurance Pool: Anna Paradiso for Manager Van Milligen, City Attorney Lindahl vehicle damage. Upon motion the document was received, filed, and concurred Absent: Council Member Connors Citizen Petition: Petition from the citizens th of East 24 Street requesting that their street Mayor Buol read the call and stated this is be put on the odd/even snow route. Upon mo- a regular session of the City Council to act tion the document was received, filed, and upon such business that may properly come referred to the City Manager. before the City Council. North Fork Trails Subdivision: City Manag- Pledge of Allegiance er recommending acceptance of the public improvements on Keymont Drive which the Invocation was provided by Father John developer, 4-ALL, LLC, has recently com- Haugen, Loras College pleted in North Forks Trails – Lots 10 through 18 and Lots A and B. Upon motion the docu- SWEARING IN ments were received and filed and Resolution No. 1-10 Approving public improvements in Mayor Roy D. Buol by City Clerk Jeanne F. North Fork Trails – Lots 10 through 18 and Schneider Lots A and B was adopted. City Council Member At-Large Ric Jones by Mayor Roy D. Buol RESOLUTION NO. 1-10 City Council Member First Ward Kevin ACCEPTING PUBLIC IMPROVEMENTS IN Lynch by Mayor Roy D. Buol NORTH FORK TRAILS – LOTS 10 Mayor Pro-Tem David T. Resnick by Mayor THROUGH 18 AND LOTS A AND B Roy D. Buol Whereas, pursuant to Resolution 135-09, certain public improvements including street PROCLAMATION paving with curb and gutter, sanitary sewer, watermain, storm sewer, catch basins, storm- Martin Luther King Days (January 17 and water detention, and street lighting were in- 18) was accepted by Faces and Voices repre- stalled by the developer of North Forks Trails – sentative Reverend Tim Bees, 1401 Henion Lots 10 through 18 and Lots A and B; and Street. Whereas, the improvements have been completed and the City Manager has ex- CONSENT ITEMS amined the work and has filed a certificate stating that the same has been completed in Motion by Lynch to receive and file the accordance with the plans approved by the documents, adopt the resolutions, and dispose City Council and in conformance with City of as indicated. Seconded by Braig. Motion specifications, and has recommended that the carried 6-0. improvements be accepted by the City Coun- cil. Minutes and Reports Submitted: City NOW, THEREFORE, BE IT RESOLVED Council of 12/21; Community Development BY THE CITY COUNCIL OF THE CITY OF Advisory Commission of 12/2 and 12/16 DUBUQUE, IOWA: Proofs of publication of City Council Pro- Section 1. That the recommendation of the ceedings of December 7 and 10, 2009 and City Manager be approved and that said public Lists of Claims and Summary of Revenues for improvements in North Forks Trails – Lots 10 month ended November 30, 2009. through 18 and Lots A and B be and the same Upon motion the documents were received is hereby accepted. and filed. Section 2. That maintenance of said public improvements, except permeable streets, shall be the responsibility of the owner and contrac- 2 Regular Session, January 4, 2010 Book 140 tor for a period of two (2) years from the date tate hereinabove described be and the same is of this resolution. hereby approved, and the Mayor and City Section 3. Street maintenance, except for Clerk be and they are hereby authorized and snow removal and deicing, shall be the re-directed to execute said plat for and on behalf sponsibility of the owner, 4-ALL, LLC, until 80 of the City of Dubuque, Iowa. percent (7 lots) of the lots are improved. Main-Section 3. That the City Clerk be and is he- tenance by the owner will consist of routine reby authorized and directed to file said plat inspection, sweeping and/or vacuuming any and certified copy of this resolution in the office sediment from the void area or subgrade and of the Recorder in and for Dubuque County, adding pervious material to the void area as Iowa. th necessary. The street maintenance shall also Passed, approved and adopted this 4 day include the removal and replacement of pav-of January, 2010. ers, as necessary, to maintain the design gra-Roy D. Buol, Mayor dient and design cross section of the street. Attest: Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted this 4 day of January, 2010. Comprehensive Annual Financial Report Roy D. Buol, Mayor (CAFR): City Manager transmitting the 2009 Attest: Jeanne F. Schneider, CMC, City Clerk Comprehensive Annual Financial Report (CAFR). Upon motion the documents were Plat of Survey – Sisters of St. Francis received and filed. Place: City Manager recommending approval of the plat of survey of Sisters of St. Francis 28E Agreement – Collection of Parking Place as requested by the Sisters of St. Fran-Tickets: City Manager recommending approval cis. Upon motion the documents were received of a 28E Agreement between the City of Du- and filed and Resolution No. 8-10 Approving buque and the Dubuque County Treasurer’s plat of survey of Sisters of St. Francis Place in Office for the collection of unpaid parking tick- the City of Dubuque, Dubuque County, Iowa, ets. Upon motion the documents were re- was adopted. ceived, filed, and approved. RESOLUTION NO. 8-10 Crown Communities Press Release: Press APPROVING PLAT OF SURVEY OF SIS- release announcing that the City of Dubuque TERS OF SAINT FRANCIS PLACE IN CITY has been named a 2009 “Crown Community” OF DUBUQUE, DUBUQUE COUNTY, IOWA American City & County by magazine. Upon Whereas, there has been presented to the motion the document was received and filed. City Council of the City of Dubuque, Iowa, a th plat dated the 15 day of December, 2009, Request for Proposals – Transit Bus Wrap prepared by Buesing & Associates, describing Advertisement: City Manager recommending Lot 1 and Lot 2 of Sisters of Saint Francis approval to issue a Request for Proposals for Place in the City of Dubuque, Dubuque Coun-KeyLine Transit bus wrap advertisement. Upon ty, Iowa; and motion the documents were received, filed, Whereas, upon said Plat of Survey of Sis-and approved. ters of Saint Francis Place appears additional street right-of-way for existing Roosevelt Community Access Preservation (CAP) Act Street, which owners by said Plat of Survey of 2009: City Manager recommending that the have dedicated to the public forever; and City support the Community Access Preserva- Whereas, the Plat of Survey of Sisters of tion (CAP) Act of 2009 (HR 3745) by making Saint Francis Place has been reviewed by the this a federal legislative priority. Upon motion City Planner and had her approval endorsed the documents were received, filed, and ap- thereon; and proved. Whereas, said Plat of Survey has been ex- amined by the City Council and that they find LSC Transportation Consultants, Inc. – that it conforms to the laws and statutes relat-Comprehensive Operational Analysis Report: ing thereto. City Manager transmitting the Comprehensive NOW, THEREFORE, BE IT RESOLVED Operational Analysis Report as completed by BY THE CITY COUNCIL OF THE CITY OF LSC Transportation Consultants, Inc. regard- DUBUQUE, IOWA: ing the KeyLine Transit system. Upon motion Section 1. That the dedication of additional the documents were received and filed. right-of-way for existing Roosevelt Street as it appears upon said plat, be and the same he-Loras College Usage Agreement: City reby accepted. Manager recommending approval of the Section 2. That the Plat of Survey, dated Usage Agreement with Loras College for the th the 15 day of December, 2009, prepared by use of Petrakis Park. Upon motion the docu- Buesing & Associates, relative to the real es-ments were received and filed and Resolution Book 140 Regular Session, January 4, 2010 3 No. 2-10 Approval of Usage Agreement with Passed, approved and adopted this 4th Loras College for use of Petrakis Park was day of January, 2010. adopted. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 2-10 APPROVAL OF USAGE AGREEMENT WITH Tobacco Compliance – Civil Penalties for LORAS COLLEGE FOR PETRAKIS FIELD Tobacco License Holders: City Manager re- Whereas, the City of Dubuque, Iowa (City) commending approval of the Acknowledge- is the owner of Petrakis Field, in the City of ment / Settlement Agreements for a first of- Dubuque, Dubuque County, Iowa; and fense civil tobacco compliance penalty regard- Whereas, Loras College desires to use the ing Iowa Code § 453A.22 (2) to McCann’s property exclusively for college baseball Service, 690 West Locust Street, and a games and practices; and second offense civil tobacco compliance pe- Whereas, the City Council finds that it is in nalty to Econo Foods, 3355 John F. Kennedy the best interest of the City to approve the Circle, and Casey’s General Store #2420, Usage Agreement. 2699 Rockdale Road; and scheduling civil NOW, THEREFORE, BE IT RESOLVED, penalty hearings for February 1, 2010 on a BY THE CITY COUNCIL OF THE CITY OF second offense for Oky Doky, 1256 Iowa DUBUQUE, IOWA: Street and a third offense for Road Ranger, Section 1. The City Council of the City of 2175 Central Avenue. Upon motion the docu- Dubuque, Iowa approves the Usage Agree-ments were received, filed, and approved set- ment with Loras College for Petrakis Field. ting a penalty hearing for a meeting to com- Section 2. The Mayor is hereby authorized mence at 6:30 PM on February 1, 2010 in the and directed to sign this resolution and the Historic Federal Building. Usage Agreement. Passed, approved and adopted this 4th Alcohol Compliance – Civil Penalties for day of January, 2010. Alcohol License Holders: City Manager re- Roy D. Buol, Mayor commending approval of the Acknowledge- Attest: Jeanne F. Schneider, CMC, City Clerk ment / Settlement Agreements for a first of- fense alcohol compliance violation for first of- Clarke College Usage Agreement: City fense violation for The Dog House Lounge, Manager recommending approval of the 1646 Asbury Road, Family Mart, 3201 Central Usage Agreement with Clarke College for the Avenue, Champps Americana, 3100 Dodge use of Veterans’ Memorial Park Field #2. Upon Street, Beecher Beverage, 1691 Asbury Road, motion the documents were received and filed Wal-Mart, 4200 Dodge Street, Paul’s Tavern, and Resolution No. 3-10 Approval of Usage 176 Locust Street, Econo Foods, 3355 John F. Agreement with Clarke College for use of Vet-Kennedy Circle, The Grand Tap, 802 Central erans’ Memorial Park Field #2 was adopted. Avenue, Neighbor’s Tap, 1899 Rockdale Road; and second offense violation for Oky RESOLUTION NO. 3-10 Doky, 1256 Iowa Street and Road Ranger, APPROVAL OF USAGE AGREEMENT WITH 2175 Central Avenue and setting second of- CLARKE COLLEGE FOR VETERANS’ ME- fense civil penalty hearings for February 1, MORIAL PARK, FIELD 2 2010 for Oky Doky, 1256 Iowa Street and Whereas, the City of Dubuque, Iowa (City) Road Ranger, 2175 Central Avenue. Upon is the owner of Veterans’ Memorial Park, Field motion the documents were received, filed, 2, all in the City of Dubuque, Dubuque County, and approved setting a penalty hearing for a Iowa; and meeting to commence at 6:30 PM on February Whereas, Clarke College desires to use 1, 2010 in the Historic Federal Building. the property exclusively for college softball games and practices; and ADA Readily Achievable Inspections: City Whereas, the City Council finds that it is in Manager transmitting a report on ADA Readily the best interest of the City to approve the Achievable Inspections. Upon motion the doc- Usage Agreement. uments were received and filed. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF Legislative Correspondence: Correspon- DUBUQUE, IOWA: dence to State Legislators requesting their Section 1. The City Council of the City of support and assistance in amending Iowa’s Dubuque, Iowa approves the Usage Agree-state video franchising law. Upon motion the ment with Clarke College for Veterans’ Me-documents were received and filed. morial Park, Field 2. Section 2. The Mayor is hereby authorized Enterprise Zone Commission Appoint- and directed to sign this resolution and the ments: City Manager recommending confirma- Usage Agreement. tion of three appointments to the City’s Enter- 4 Regular Session, January 4, 2010 Book 140 RESOLUTION NO. 5-10 prise Zone Commission. Upon motion the documents were received and filed and the Whereas, applications for Liquor Licenses appointments confirmed. have been submitted to this Council for ap- proval and the same have been examined and Signed Contracts: Miller & Van Eaton Coa-approved; and lition Agreement and Amendment to the Ser-Whereas, the premises to be occupied by vice Agreement with IIW for the Miller River-such applicants were inspected and found to view Park Expansion Project. Upon motion the comply with the State Laws and all City Ordin- documents were received and filed. ances relevant thereto and they have filed proper bonds. Business License Refunds: Request of NOW, THEREFORE, BE IT RESOLVED Steven E. Brooks, Road Ranger, LLC, for a BY THE CITY COUNCIL OF THE CITY OF refund of $50.00 for the unused cigarette li-DUBUQUE, IOWA: cense for Road Ranger #160 and Road Ran-That the Manager be authorized to cause ger #161. Upon motion the documents were to be issued the following named applicants a received and filed, and the refund approved. Liquor License. CLASS “B”(HOTEL/MOTEL) LIQUOR LI- Liquor License Applications: City Manager CENSE recommending approval of annual liquor li-Dodge Street Entertainment, Champps cense renewals as submitted. Upon motion the Americana +(Sunday/Outdoor Sale), 3100 documents were received and filed and Reso-Dodge Street lution No. 4-10 Granting the issuance of a CLASS “C” BEER/LIQUOR LICENSE Class “B” Beer Permit to Pizza Hut #4691 and Breezer’s Pub Company, Breezer’s Pub #4690; and a Class “C” Beer Permit to Hartig +(Sunday Sale), 600 Central Avenue Drug; and Resolution No. 5-10 Granting the Kevin J. Stoffel, The Screaming Eagle Bar issuance of a Class “B” (Hotel/Motel) Liquor +(Sunday Sale), 2600 Central Avenue License to Champps Americana; Class “C” CLASS “B” WINE Beer/Liquor License to Breezer’s Pub and The Hartig Drug Company, Hartig Drug # 4, Screaming Eagle Bar; and a Class “B” Wine 2225 Central Avenue Permit to Hartig Drug #4 were adopted. Passed, approved and adopted this 4th day of January, 2010. RESOLUTION NO. 4-10 Roy D. Buol, Mayor Whereas, applications for Beer Permits Attest: Jeanne F. Schneider, CMC, City Clerk have been submitted and filed to this Council ITEM TO BE SET FOR PUBLIC HEARING for approval and the same have been ex- amined 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 document, adopt the resolution, set the public comply with the Ordinances of the City and hearing as indicated, and direct the City Clerk have filed proper bonds. to publish notice as prescribed by law. NOW, THEREFORE, BE IT RESOLVED Seconded by Voetberg. Motion carried 6-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Fiscal Year 2011 Annual Action Plan: City That the Manager be authorized to cause Manager recommending that a public hearing to be issued the following named applicants a be set for February 16, 2010 to consider the Beer Permit. Fiscal Year 2011 Community Development CLASS “B” BEER PERMIT Block Grant (CDBG) Annual Action Plan. Upon NCP International, Inc., Pizza Hut #4691 motion the documents were received and filed th +(Sunday Sale), 320 E. 20 Street and Resolution No. 6-10 Setting a public hear- NCP International, Inc., Pizza Hut #4690 ing on the Fiscal Year 2011 (Program Year +(Sunday Sale), 2075 JFK Road 2009) Community Development Block Grant CLASS “C” BEER PERMIT (CDBG) Annual Action Plan was adopted set- Hartig Drug Company, Hartig Drug ting a public hearing for a meeting to com- +(Sunday Sale), 2225 Central Avenue mence at 6:30 p.m. on February 16, 2010 in Passed, approved and adopted this 4th the Historic Federal Building. day of January, 2010. RESOLUTION NO. 6-10 Roy D. Buol, Mayor SETTING A PUBLIC HEARING ON THE Attest: Jeanne F. Schneider, CMC, City Clerk FISCAL YEAR 2011 (PROGRAM YEAR 2009) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hear- Book 140 Regular Session, January 4, 2010 5 ings, finalized a Fiscal Year 2011 (Program to exceed $2,500,000 General Obligation Ur- Year 2010) Community Development Block ban Renewal Bonds, for the purpose of paying Grant Annual Action Plan addressing both costs of aiding in the planning, undertaking housing and non-housing needs in the com-and carrying out of urban renewal project ac- munity; and tivities under the authority of Chapter 403 of Whereas, copies of the draft Fiscal Year the Code of Iowa and the Amended and Res- 2011 (Program Year 2010) CDBG Annual Ac-tated Urban Renewal Plan for the Greater tion Plan will be available for public comment Downtown Urban Renewal Area, including for 30 days prior to City Council action; and those costs associated with the funding of Whereas, the City's Community Develop-grants, loans and other forms of financial as- ment Advisory Commission has reviewed and sistance to private developers to assist in re- recommended adoption of the Annual Action habilitation of existing buildings and construc- Plan. tion of housing development projects located NOW, THEREFORE, BE IT RESOLVED throughout the Greater Downtown Urban Re- BY THE CITY COUNCIL OF THE CITY OF newal Area, and no petition was filed calling DUBUQUE, IOWA: for a referendum thereon. The following action Section 1. That the City Council will meet is now considered to be in the best interests of in the Historic Federal Building, Council the City and residents thereof. ndth Chambers, 2 Floor, 350 West 6 Street, Du-NOW, THEREFORE, BE IT RESOLVED buque, Iowa, at 6:30 p.m. on February 16, BY THE CITY COUNCIL OF THE CITY OF 2010 for the purpose of holding a public hear-DUBUQUE, IOWA: ing and taking action on the Fiscal Year 2011 Section 1. That this Council does hereby (Program Year 2010) Community Develop-institute proceedings and takes additional ac- ment Block Grant Annual Action Plan. tion for the sale and issuance in the manner Section 2. That the City Clerk be and is he-required by law of not to exceed $2,500,000 reby authorized and directed to publish a no-General Obligation Urban Renewal Bonds for tice of such public hearing and the City Coun-the foregoing purposes. th cil’s intent to review and take action on the Passed and approved this 4 day of Janu- Fiscal Year 2011(Program Year 2010) Com-ary, 2010. munity Development Block Grant Annual Plan. Roy D. Buol, Mayor th Passed, approved and adopted this 4 day Attest: Jeanne F. Schneider, CMC, City Clerk of January, 2010. Roy D. Buol, Mayor Upon motion the rules were suspended li- Attest: Jeanne F. Schneider, CMC, City Clerk miting discussion to the City Council. PUBLIC HEARINGS ACTION ITEMS Upon motion the rules were suspended al-Request to Address the City Council: Re- lowing anyone present to address the City quest of Jason Emanuelson to address the Council City Council regarding Mediacom. Motion by Lynch to receive and file the information. General Obligation Urban Renewal Bonds: Seconded by Braig. Jason Emanuelson, 3704 Proof of publication on notice of public hearing Pennsylvania Avenue, spoke regarding his to consider the issuance of not to exceed belief that the City and Mediacom should ex- $2,500,000 General Obligation Urban Renewal plore a broader partnership Motion carried 6-0. Bonds and City Manager recommending ap- proval. Motion by Lynch to receive and file the Channel 17 Management: City Manager documents and adopt Resolution No. 7-10 recommending approval for Loras College to Instituting proceedings to take additional action take over the day-to-day management and for the issuance of not to exceed $2,500,000 operation of Dubuque’s shared educational General Obligation Urban Renewal Bonds. channel, Channel 17. Motion by Jones to re- Seconded by Jones. Motion carried 6-0. ceive and file the documents and approve the recommendation. Seconded by Braig. Motion RESOLUTION NO. 7-10 carried 6-0. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE Transit Management Services – Request ISSUANCE OF NOT TO EXCEED $2,500,000 for Proposals: City Manager recommending GENERAL OBLIGATION URBAN RENEWAL approval of the issuance of a Request for Pro- BONDS posals for Transit Management Services. Mo- WHEREAS, pursuant to notice published tion by Lynch to receive and file the docu- as required by law, this Council has held a ments and approve the recommendation. public meeting and hearing upon the proposal Seconded by Braig. Motion carried 6-0. to institute proceedings for the issuance of not 6 Regular Session, January 19, 2010 Book 140 CITY OF DUBUQUE, IOWA Cell Phone Ordinance: City Attorney re- questing direction on some issues regarding a CITY COUNCIL cell phone ordinance. Motion by Lynch to re- OFFICIAL ceive and file the documents. Seconded by PROCEEDINGS Resnick. Council Members discussed con- cerns regarding public safety, enforcement issues, and haste in drafting a proposed ordin- The Dubuque City Council met in regular ance. Council directed the City Attorney to session at 6:30 PM on January 19, 2010 in the include the banning of texting, continue to ex- Historic Federal Building. plore the banning of all electronic devises, and consider exceptions for hands-free and GPS Present: Mayor Pro-Tem Resnick, City devices and genuine calls for emergency ser- Council Members Braig, Connors, Jones, vice. Motion carried 6-0. Lynch, Voetberg, Assistant City Manager Steinhauser, City Attorney Lindahl City Council Appointments: Communica- tion from M. Thomas Stovall, Executive Direc- Absent: Mayor Buol, City Manager Van tor of Operation: New View Community Action Milligen Agency, requesting that the City make ap- pointments to the Board of Directors at the first Mayor Pro-Tem Resnick read the call and meeting in January 2010 (currently City Coun- stated this is a regular session of the City cil Members Ric Jones and David Resnick), Council to act upon such business that may and a representative appointed by the City properly come before the City Council. Manager. Mayor and City Council appointments to Pledge of Allegiance various Boards and Commissions. Motion by Lynch to receive and file the Invocation was provided by Reverend Tim documents and approve the current list of ap- LoBianco of Resurrection Church. pointments. Seconded by Braig. Motion carried 6-0. PROCLAMATION COUNCIL MEMBER REPORTS Earned Income Tax Credit (EITC) Aware- ness Day (January 29, 2010) was accepted by Resnick reported on the retirement of local Tom Stovall, Operation: New View Community musician and radio personality Paul Hemmer Action Agency, 1473 Central Avenue. and the passing of local theatrical performer Sue Lynch-Huerta. CONSENT ITEMS There being no further business, upon mo- Motion by Connors to receive and file the tion the City Council adjourned at 7:43 PM. documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion /s/Jeanne F. Schneider, CMC carried 6-0. City Clerk Minutes and Reports Submitted: Cable Com- munity Teleprogramming Commission of 11/3; City Council of 1/4; Historic Preservation Commis- sion of 12/17; Library Board of Trustees of 11/17; Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17 Carnegie Stout Public Library Board of Trus- tees Update from Meeting of December 17, 2009 Proof of publication of City Council Pro- ceedings of December 21 and 30, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Donna Clough for personal injury; John W. Thomas for property damage; Tschiggfrie Excavating Company for property damage; and Vicky Fuller for property damage. Upon motion the documents were received, filed and referred to the City Attor- ney. Book 140 Regular Session, January 19, 2010 7 NOW THEREFORE, BE IT RESOLVED City Attorney advising that the following claims BY THE CITY COUNCIL OF THE CITY OF have been referred to Public Entity Risk Services DUBUQUE, IOWA: of Iowa, the agent for the Iowa Communities As-Section 1. That the Annual Action Plans for surance Pool: Cheryl Ludovissy for vehicle dam-Fiscal Years 2009 and 2010 are hereby res- age; Sally Lang for personal injury / vehicle dam-cinded and the balance of funds from these age; Ron Burds for vehicle damage; Richard Han-plans are incorporated into a Fiscal Year 2010 son for vehicle damage; Donna Clough for per-(Program Year 2009) Annual Action Plan - sonal injury; John W. Thomas for property dam-Amendment 2, attached hereto as Exhibit A. age; and Arthur Cotton for vehicle damage. Upon Section 2. That the First Time Homeowner motion the documents were received, filed and program is hereby amended as per Exhibit B. concurred. Section 3. That said Fiscal Year 2010 (Program Year 2009) Annual Action Plan- Fiscal Year 2010 Annual Action Plan – Amendment 2 attached hereto as Exhibit A Amendment 2: City Manager recommending and Exhibit B is hereby approved. approval of the second amendment to the Fis-Section 4. That the City Manager is hereby cal Year 2010 Annual Action Plan. Upon mo-authorized and directed to submit a copy of tion the documents were received and filed this Resolution and Plan to the U.S. Depart- and Resolution No. 9-10 Approving a Fiscal ment of Housing and Urban Development. th Year 2010 (Program Year 2009) Annual Action Passed, approved and adopted this 19 Plan – Amendment 2 for Community Devel-day of January, 2010. opment Block Grant (CDBG) Homelessness David T. Resnick, Mayor Pro-Tem Prevention and Rapid Re-Housing (HPRP) Attest: Jeanne F. Schneider, CMC, City Clerk and Community Development Block Grant Recovery (CDBG-R) funds was adopted. Grass and Weed Cutting Assessments: City Manager recommending approval to certi- RESOLUTION NO. 9-10 fy grass and weed cutting charges to the Du- APPROVING AN FISCAL YEAR 2010 (PRO- buque County Treasurer in order to establish GRAM YEAR 2009) ANNUAL ACTION real property liens for collection of such PLAN-AMENDMENT 2 FOR COMMUNITY charges. Upon motion the documents were DEVELOPMENT BLOCK GRANT (CDBG), received and filed and Resolution No. 10-10 HOMELESSNESSS PREVENTION AND Authorizing the City to collect delinquent grass RAPID RE-HOUSING (HPRP) AND COM- and weed cutting and garbage collection MUNITY DEVELOPMENT BLOCK GRANT charges in accordance with Title 6-6-3C2o; RECOVERY (CDBG-R) FUNDS. Title 6-6-4B3 and Title 6-6B of the Code of Whereas, the City of Dubuque prepared Ordinances of the City of Dubuque, Iowa, was and filed Annual Action Plans for Fiscal Years adopted. 2009 and 2010; and RESOLUTION NO. 10-10 Whereas, the City of Dubuque now desires AUTHORIZING THE CITY TO COLLECT DE- to amend said Annual Plans by incorporating LINQUENT GRASS AND WEED CUTTING them into one amended FY 2010 Annual Plan AND GARBAGE COLLECTION CHARGES as per the attached Exhibit A; and IN ACCORDANCE WITH TITLE 6-6- 3C2o; Whereas, the City of Dubuque now pro- TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE poses to amend the First Time Homebuyer OF ORDINANCES OF THE CITY OF DUBU- program to remove the loan limit as per the QUE, IOWA attached Exhibit B; and Whereas, said amendment is a substantial Whereas, residential properties in the City amendment as provided in the City's Citizen of Dubuque are considered substandard if any Participation Plan and therefore must be ap-conditions exist to an extent that endanger life, proved by resolution of the City Council after a limb, health, property, safety or welfare of the public hearing by the Community Development public or the occupants thereof; and Advisory Commission; and Whereas, whenever in the judgment of the Whereas, the City advertised a 30 day Housing Officer, a nuisance that is “palpably public comment period beginning December and indisputably such” exists which requires st 1, 2009; and immediate action to protect the public health, Whereas, the Community Development safety or welfare of the public, the Housing Advisory Commission reviewed the proposed Officer may order the emergency abatement of amendment at a public hearing on January 6, such; and 2010, and has voted to approve said amend-Whereas, delinquent grass and weed cut- ment and to recommend approval by the City ting and garbage collection charges shall be Council. certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. 8 Regular Session, January 19, 2010 Book 140 NOW, THEREFORE, BE IT RESOLVED Robert J & Cheryl A Canon, 900 Rush BY THE CITY COUNCIL OF THE CITY OF Street, Dubuque IA 52003, 10-25-302-008, Lot DUBUQUE, IOWA: 8 Guernsey & Langs Add, $105.00 Section I. That the persons hereinafter, Peter V Eck, PO Box 208, Lake Zurich owning the properties thereby set forth, are IL 60047, 10-01-356-011, Lot 5 Emerald Acres delinquent in the payment of grass and weed #1, $1,040.00 cutting and garbage collection charges: Jeanne Diederich, PO Box 10, Sinsinawa NAME AND ADDRESS; PROPERTY DE- WI 53824, 10-25-457-013, Lot 37 Oak Grove SCRIPTION; AMOUNT Add, $180.00 Judge Real Estate, 605 Bluff Street #132, Danny L & Johanna D Creger, 27670 Dubuque IA 52001, 10-14-229-016, Lot 1 Li-389th Street, Lamotte IA 52054, 10-24-129- nehan Park Add, $ 90.00 025, N 1/2 of Lot 8 Tivoli Add, $370.00 BRP Properties LLC, 8505 Southern Hills BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52001, 10-24-332-023 Lot Court, Dubuque IA 52003, 10-25-178-008, Lot th 1-1-3 & Lot 2-1-4 Yates & Picketts 515-519 4 Geo. Martins Sub 754-754 1/2 W 5 St., Pickett, $185.00 $115.00 Tri-State Property Management, 18186 Greg A Prehm, 8505 Southern Hills Ct., Williamsburg Court, Durango IA 52039, 10-24-Dubuque IA 52003, Lot 4 M A McDaniels Sub 332-022, Lot 2-1-E 65'-5, Lot 2-E 65'- 6, Lot 2-574-576 Chestnut, 10-24-381-006, $110.00 N 26'-E 65'-7 all in Henion & Bairds Sub.; Also Federal Home Loan Mortgage Association, Lot 1-1-4 in Yates & Pickett 529-535 Picket, PO Box 650043, Dallas TX 75265, 10-24-259- $765.00 004, N 1/2 of Lot 98 East Dubuque Add, Tri-State Property Management, 18186 $810.00 Williamsburg Court, Durango IA 52039, 10-Kenneth John Moore, 803 Grant Court, 24-332-021, Lot 1-1-E 65'-5, Lot 1-E 65'- 6, Lot Maquoketa IA 52060, 10-24-378-009, A 1-E 65'-N 26'-7, all in Henion & Bairds, McDaniels Sub W 15' S1/2 Lot 796, A McDa- $595.00 niels Sub E 15' S1/2 Lot 797, $115.00 Jeremy P Kass, 26928 200th Street, Belle-Jeffrey C Alm & Erin E Zamzow, 18216 vue IA, 5203110-24-208-023, Lot 1-1-1-1 of 157th Avenue, Renton WA 98058, 10-13-477- "Sub of N 54'- E 1/2-40 & E 1/2-39 L H, Lang-005, SE Lot 1 of 25 Hoopers Add, $78.00 worthy's Add, $107.00 Jerryl Lee Gesie, 21384 Crystal Drive, Du- Moore Management, LLC, 803 Grant buque IA 52001, 10-24-128-001, Lot 1-130 L H Court, Maquoketa IA 52060, 10-24-430-002, E Langworthys Add., $1,115.00 56' of Lot 52 East Dubuque Add 232-234-244-Scott A Runde, Cuba City WI 53807, P O th 246, E 14 St., $60.00 Box 704, 10-24-403-009, E 1/2-S 88'-E 1/2-S th Federal National Mortgage Association, 2/5 of City Lot 454 35-35 1/2 W, 15 St., 3900 Wisconsin Avenue West, Washington $320.00 DC 20016, 10-20-260-012, Lot 11 Blk 17 Sun-Cary Keith Homan, 2137 Jackson Street, nyslope Estates, $1,175.00 Dubuque IA 52001, 10-24-208-016, Lot 2-S Leroy P & Carol A Ruden, 412 4th Avenue, 36'6"-E 1/2-Lot 37 L H Langworthy's Add, Dyersville IA 52040, 10-24-434-010, SE S 1/2 $377.00 - SM 1/5 of City Lot 496, $60.00 State Central Bank, 1805 Kennedy Road, Tri-State Property Management, 18186 Dubuque IA 52001, 10-24-256-001, N 26'5" - Williamsburg Court, Durango IA, 10-24-328-N 2/5 of City Lot 436, $580.00 020, Lot 29 Yates Sub, $110.00 Eric M & Matthew D Melloy, 2234 14th Eunice Newman, 1433 Washington Street, Street, Coralville IA 52241, 10-23-482-009, S Dubuque IA 52001, 10-24-426-020, Lot 73 47' Lot 1 Rohners Sub & Lot 4 Rohners Sub, East Dubuque Add, $1,725.00 $162.00 Mullett Enterprises, LLC, 14858 West BRP Properties LLC, 8505 Southern Hills Ridge Lane Suite 1, Dubuque IA 52003, 10-Court, Dubuque IA 52003, 10-23-177-012, Lot 24-338-010, Lot 2-1 of City Lot 667 1439-1441 1-9 of Min Lot 188, $324.00 Bluff St., $1,085.00 Laura A Gerner, 1770 Garfield Avenue, Nathan Boyes, 14130 Cypress Point, Du-Dubuque IA 52001, 10-13-454-037, Lots 4 & 5 buque IA 52002, 10-25-378-004, S 90' of Lot Klingenbergs Sub 2407-2409 STAFFORD, 61 Union Add 977-979 Cleveland Ave, $55.00 $1,579.00 Wells Fargo Bank Na, One Home Campus, Equity Builders LLC, PO Box 208, Lake Des Moines IA 50312, 10-13-478-003, SW 33' Zurich IL 60047, 10-02-479-021, Lot 2-2 Eme-of Lot 13 Hooper's Add, $385.00 rald Acres No. 4, $935.00 Flagstar Bank Fsb, Loan #501255589, Freedom Development Co., LLC, 3250 5151 Corporate Drive, Troy MI 48098, 11-18- Kennedy Circle, Dubuque IA 52002, 10-25-179-001, Lot 138 Hams Add, $260.00 108-014, Lot 2 Arnolds Sub, $1,549.00 Federal National Mortgage, Association, PO Box 650043, Dallas TX 75265, 10-14-305- Book 140 Regular Session, January 19, 2010 9 012, Lot 32 Blk 2 Marycrest Sub # 2, Ronald J & Wanda M Koenig, 2210 Francis $1,255.00 St., Dubuque IA 52001, 10-13-413-004, Lot 77 Freedom Development CO., LLC, 9466 E Langworthy's Add, $515.00 Royal Wood Drive, Peosta IA 52068, 10-13-Citimortgage Inc, Successor IN Int To Abn 159-024, Lot 112 Glendale Add, $165.00 Mortg, 1000 Technology Dr., O'Fallon Dawn M Dubbels, 154 West 23rd Street, MO 63368, MS 314, 10-24-278-007, S 1/2 of Dubuque IA 52001, 10-24-128-002, Lot 1-1-2-Lot 111 East Dubuque Add, $650.00 33 Tivoli Add & Lot 1-2-2-130 & Lot 2-1-1- 2-Shannon K & Tobey L Dingbaum, 18567 130 L H Lang's Add, $755.00 Drexel Street, Omaha NE 68135, 10-24-260- William J & Joyce M Glasson, 9503 West 007, Lot 2-7 of City Lot 675, $100.00 Furlong Road, Galena IL 61036, 10-13-453-Liberty Bank Fsb, 2045 Holliday Drive, Du- 011, N 30' Lot 39 Staffords Add, $292.00 buque IA 52002, 10-24-208-006, Lot 2-N 58'- Judge Real Estate, LLC, 605 Bluff Street, W 1/2-Lot 39 L H Langworthy's Add, $620.00 Dubuque IA 52001, 10-24-457-019, Lot 7 - E Jonathan J Slaght & Mackenzie Kass, 1/2 - CITY Lot 655 1003-1005 BLUFF, $65.00 1486 West 3rd St., Dubuque IA 52001, 10-22- William M Vandermeulen & Amy L Parker, 176-011, C Lot 2-1 Giesel Highland Park, 15452 Lore Mound Road, Dubuque IA 52002, $280.00 10-13-182-002, S 13' of Lot 174 & N 1/2 of Lot Federal National Mortgage Association, 175 Glendale Add, $150.00 3900 Wisconsin Avenue, Washington BRP Properties LLC, 8505 Southern Hills DC 20016, 10-13-177-006, S 34' of Lot 2-1- Court, Dubuque IA 52003, 10-24-256-007, S 147 Glendale Add, $623.40 1/2 - SM 1/5 – City Lot 436, $135.00 Christopher J Staebell, 695 Clarke Dr., Federal National Mortgage, Association, Dubuque IA 52001, 10-24-108-013, Lots 3 & 4 PO Box 650043, 10-24-432-014, N 1/2 - W 65' Littleton & Sawyers Add 693 & 695, Clarke Dr., - Lot 208 East Dubuque Add, $877.00 $115.00 Dallas TX 75265 Mark H & Lois M Bonifas, 2174 Seippel Kevin Gladwin, 590 Clarke Dr., Dubuque Rd., Dubuque IA 52002, 11-18-353-003, Lot 9 IA 52001, 10-24-153-009, BAL - N 70' - Lot 8 J Hooper's Add 922-924 Rhomberg Ave., P Porters Add 590-590 1/2 Clarke Dr. $140.00 $106.50 Christopher T & Gail A Huston, 1165 High John J & Loretta S Davis, 2108 Key Way Bluff Street, Dubuque IA 52001, 10-13-432-Drive Apt 1, Dubuque IA 52002, 10-13-452- 004, Lot 42 Fengler's Add, $348.00 028, Lot 1-68 Staffords Add 2411-2413 John Walters Jr., 2840 Burlington Street, Queen, $110.00 Dubuque IA 52001, 10-14-428-011, Lot 2 Ra-Robert J Tomkins Jr., & Connie M Fuers- chel C. Sullivan Place, $635.00 tenberg, 491 Clark Street, Dubuque IA 52001, Jeremy L & Jennifer J Kemp, 8427 Kemp 10-24-326-023, M Lot 2-1 E PT of City Lot Court, Dubuque IA 52003, 10-24-109-001, Lot 682, $330.00 32 J P Schroeders Add, $100.00 Mid-America Property Management, LLC, Danny F Tuthill, 1238 Jackson Street, Du-604 Clinton Drive, East Dubuque IL 61025, 10- buque IA 52001, 10-24-435-010, N 25' - Lot 60 24-437-001, N 2/3 Lot 197 East Dubuque Add East Dubuque Add, $582.00 1292-1298 Elm, $512.00 HSBC Bank USA National Association, Amy H Tai, 199 New Montgomery St #706, C/O Wells Fargo, One Home Campus, Des San Francisco CA 94105, 10-24-403-017, Lot Moines IA 50312, 10-24-265-005, SM 1/5 of 1 of Winner Place, $80.00 City Lot 453, $420.00 Ronald P Ferraro, 2830 Washington, Du- Timothy J Brown, 1610 Iowa Street, Dubu-buque IA 52001, 10-13-159-007, Lot 1-103 que IA 52001,10-24-265-007, S 20' of S 1/5 of Glendale Add, $285.00 City Lot 453, $310.00 BRP Properties, LLC 8505 Southern Hills Tanya L Avenarius, 2015 Washington Court, Dubuque IA 52003, 10-24-439-006, Lot Street, Dubuque IA 52001, N 46'-Lot 20 Stein-1-1-S 1/5 of City Lot 480 $245.00 er's Add, 10-24-214-019, $375.00 Kristi D Johnson & Wayne W Miller, 1405 US Bank, Trustee for CMLTI 2007-Wfhe3, Lincoln Avenue, Dubuque IA 52001, 11-18- One Home Campus, Des Moines IA 50312, 158-015, Lot 2-1-102 McCraney's 1st Add, 10-13-487-003, NE 1/2 of Lot 52 Cooks Add, $65.00 $381.10 Michael & April Lausier, 651 Kaufmann Dubuque Properties, LLC, 1805 State Avenue, Dubuque IA 52001, 10-14-477-005, Street Suite 103, Bettendorf IA 52722, 10-14-Lot 12 of Lots 164 & 166A in L H Langworthy's 234-010, E 170' of Lot 325 Davis Farm Add, Add, $235.00 $365.00 Tina A & Jason A Ferrel, 235 Valeria Michelle Scott, 607 West 8th Street, Dubu-Street, Dubuque IA 52001, 10-24-128-013, Lot que IA 52001, 10-25-130-023, Lot 1-16 & Lot 2-40 Tivoli Add, $360.00 2-16 City Lot 703, $105.00 Secretary of Housing & Urban Develop- ment C/O Best Assets Inc., 501 Marquette Ave 10 Regular Session, January 19, 2010 Book 140 Suite1200, Minneapolis MN 55402, 10-24-129-of Ordinances of the City of Dubuque, Iowa, 012, Lot 18 Tivoli Add 2224-2226 Francis, was adopted. $170.00 RESOLUTION NO. 11-10 Donald A Jr. & Renee M Krier, 2900 AUTHORIZING THE CITY TO COLLECT DE- Brunswick, Dubuque IA 52001, 10-24-268- LINQUENT VACANT AND ABANDONED 018, Lot 2-83 E Dubuque Add, $219.00 BUILDING AND PROBLEM PROPERTY Richard Henry Then Testamentary Trust, CHARGES IN ACCORDANCE WITH TITLE 4812 Then Road, Bernard IA 52032, 10-24- 6-6-3B1h; TITLE 6-6-4B3 & TITLE 6-6B OF 213-001, W 1/2-Lot 43 & S 28'-W 1/2-Lot 42 L THE CODE OF ORDINANCES OF THE H Langworthy's Add, $110.00 CITY OF DUBUQUE, IOWA Chad Fury, 793 Clarke Drive, Dubuque IA 52001, 10-23-277-017, S 125' of Lots 17 & Whereas, residential properties in the City 18 Littleton & Sawyers Add, $85.00 of Dubuque are considered hazardous or un- CNI Properties, LLC, 424 West Locust St., sanitary premises if vacant and abandoned Dubuque IA 52001, 10-24-336-002, S 1/2 of N buildings and problem properties are allowed 1/5 of City Lot 474 & N 3' of NM 1/5 of City Lot to deteriorate according to 6-6-3B1h; and 474, $160.00 Whereas, whenever in the judgment of the Nationstar Mortgage, LLC, Acct Housing Officer, a nuisance that is “palpably #0140913108, 350 Highland Drive, Lewisville and indisputably such” exists which requires TX 75067, 10-24-263-002, S 1/2 Lot 32 East immediate action to protect the public health, Dubuque Add, $189.00 safety or welfare of the public, the Housing Z Fin 2, C/O Gary & Susan Bay, Dewey Officer may order the emergency abatement of St., Platteville WI 53818, 10-24-263-014, Lot 2 such; and of 2 of E1/2 of Lot 90 East Dub Add; Lot 1 80 Whereas, delinquent vacant and aban- of 1 of E1/2 of Lot 91 East Dub Add, $150.00 doned building and problem property charges Robert A & Alana K Neuwoehner, 16401 shall be certified by the City Clerk to the Du- Nottingham Court, Dubuque IA 52001, 10-26-buque County Treasurer for collection with, 279-019, Lot 11 T S Nairns Dubuque, $154.00 and in the same manner as general property Dubuque Property Investments, LLC, 8505 taxes. Southern Hills Court, Dubuque IA 52003, 10-NOW, THEREFORE, BE IT RESOLVED 27-279-024, Lots 9, 46,47,48,49, 50 & 2-51 BY THE CITY COUNCIL OF THE CITY OF Lenox Add, $250.00 DUBUQUE, IOWA: BRP Properties LLC, 8505 Southern Hills Section I. That the persons hereinafter, owning Court, Dubuque IA 52003, 10-24-385-015, Lot the properties thereby set forth, are delinquent 2 - E 1/2 - 17 & W 14' - Lot 18 Farleys Sub, in the payment of vacant and abandoned $210.00 building and problem property charges: NAME AND ADDRESS; PROPERTY DE- Section 2. That the City Clerk be and she SCRIPTION; AMOUNT is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, Maurice A Kirchberg, 1576 Locust Street, that the persons named hereinbefore are de-Dubuque IA 52001, 10-24-329-012, Lot 1-15 linquent in the payment of grass and weed Cooley's Sub, $1,020.00 cutting and garbage collection charges in the Jerryl Lee Gesie, 21384 Crystal Drive, Du- amount set aside of the respective names, and buque IA 52001, 10-24-128-001, Lot 1-130 L H that said amounts shall be collected in the Langs Add, $70.00 same manner as general property taxes Antonio Conley, 2512 Broadway Street, against the respective parcels of property set Dubuque IA 52001, 10-13-431-012, Lot 1-1- opposite the names of the owners. 37 Althausers Sub, $605.00 th Passed, approved and adopted this 19 Gary Marburger, 1855 Scenic View Drive, day of January, 2010. Dubuque IA 52001, 10-24-252-029, Lot 2 of David T. Resnick, Mayor Pro-Tem City Lot 675 (Except The N 15") N15" of LOT 2 Attest: Jeanne F. Schneider, CMC, City Clerk of City Lot 675, N 1'9" S 15' 8" of Sub of 3 of City Lot 675, N 27' 8" of City Lot OF 3 of City Vacant and Abandoned Buildings (VABs) Lot 675, $415.00 and Problem Property Assessments: City Section 2. That the City Clerk be and she Manager recommending approval of vacant is hereby ordered and directed to certify to the and abandoned building and problem property County Treasurer of Dubuque County, Iowa, assessments. Upon motion the documents that the persons named hereinbefore are de- were received and filed and Resolution No. 11-linquent in the payment of vacant and aban- 10 Authorizing the City to collect delinquent doned building and problem property charges vacant and abandoned building and problem in the amount set aside of the respective property charges in accordance with Title 6-6-names, and that said amounts shall be col- 3B1h; Title l6-6-4B3 and Title 6-6B of the Code lected in the same manner as general property Book 140 Regular Session, January 19, 2010 11 taxes against the respective parcels of proper-Section 1. That Section 11-14 of Title 16 of ty set opposite the names of the owners. the City of Dubuque Code of Ordinances, Uni- th Passed, approved and adopted this 19 fied Development Code, is waived to allow no day of January, 2010. frontage on a public street or an approved David T. Resnick, Mayor Pro-Tem private street for Lot 1. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Plat of Survey of Pin- chuck-Herrig Place is hereby approved and Curtis Collection: City Attorney transmitting the Mayor and City Clerk are hereby autho- the fully executed Bill of Sale for the Curtis rized and directed to endorse the approval of Collection from Dubuque Cultural Preservation the City of Dubuque, Iowa, upon said final plat. th Committee to the Dubuque Museum of Art. Passed, approved and adopted this 19 Upon motion the documents were received day of January, 2010. and filed. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Thomas Place Guardrail and Curb and Chuck Goddard, Agency Administrator for Gutter Replacement Project: City Manager DMASWA, submitting the Agency’s Fiscal recommending acceptance of the Thomas Year 2011 fee schedule which goes into effect Place Guardrail and Curb and Gutter Re- on July 1, 2010. Upon motion the documents placement Project as completed by Drew Cook were received and filed. & Sons Excavating Co., Inc., in the final con- tract amount of $35,547.35. Upon motion the Downtown Design Guidelines: City Man-documents were received and filed and Reso- ager recommending approval of the proposed lution No. 13-10 Accepting the Thomas Place expansion of the Downtown Design Guidelines Guardrail and Curb and Gutter Replacement (DDG) area to be consistent with the southern Project and authorizing payment of the con- boundary of the Greater Downtown Urban tract amount to the contractor was adopted. Renewal District. Upon motion the documents RESOLUTION NO. 13-10 were received, filed, and approved. ACCEPTING THE THOMAS PLACE GUA- RDRAIL AND CURB & GUTTER INSTALLA- Plat of Survey – Pinchuck-Herrig Place: TION PROJECT AND AUTHORIZING THE Zoning Advisory Commission recommending PAYMENT OF THE CONTRACT AMOUNT approval of the Plat of Survey of Pinchuck- TO THE CONTRACTOR Herrig Place as requested by Buesing and Associates. Upon motion the documents were Whereas, the Public Improvement Contract received and filed and Resolution No. 12-10 for the Thomas Place Guardrail and Curb & Approving Plat of Survey of Pinchuck-Herrig Gutter Installation Project (the Project) has Place was adopted. been completed and the City Engineer has examined the work and filed a certificate stat- RESOLUTION NO. 12-10 ing that the Project has been completed ac- APPROVING A PLAT OF SURVEY OF PIN- cording to the terms of the Public Improvement CHUCK-HERRIG PLACE IN THE CITY OF Contract and that the City Engineer recom- DUBUQUE, IOWA. mends that the Project be accepted. Whereas, there has been filed with the City NOW THEREFORE, BE IT RESOLVED Clerk a Plat of Survey of Pinchuck-Herrig BY THE CITY COUNCIL OF THE CITY OF Place in the City of Dubuque, Iowa; and DUBUQUE, IOWA: Whereas, said Plat of Survey provides no Section 1. The recommendation of the City frontage for Lot 1 on a public street or ap-Engineer is approved and the Project is hereby proved private street as required by Section accepted. 11-14 of Title 16 of the City of Dubuque Code Section 2. The Finance Director is hereby of Ordinances, Unified Development Code; directed to pay to the Contractor from the Gua- and rdrail Replacement appropriation for the con- Whereas, said Plat of Survey has been ex-tract amount of $35,547.35 less any retained amined by the Zoning Advisory Commission percentage provided for therein as provided in and had its approval endorsed thereon; and Iowa Code Chapter 573, and to pay such re- Whereas, said Plat of Survey has been ex-tainage only in accordance with the provisions amined by the City Council and they find that it of Iowa Code Chapter 573. th conforms to the statues and ordinances relat-Passed, approved and adopted this 19 ing to it. day of January, 2010. NOW THEREFORE, BE IT RESOLVED David T. Resnick, Mayor Pro-Tem BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: 12 Regular Session, January 19, 2010 Book 140 CITY ENGINEER’S CERTIFICATE OF FINAL CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE THOMAS PLACE COMPLETION OF THE ASBURY PLAZA GUARDRAIL AND CURB & GUTTER IN-AREA WASTEWATER PUMPING FACILI- STALLATION PROJECT TIES PROJECT The undersigned City Engineer of the City The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has of Dubuque, Iowa, hereby certifies that he has inspected the Thomas Place Guardrail and inspected the Asbury Plaza Area Wastewater Curb & Gutter Installation Project, that the Pumping Facilities Project, that the Project has Project has been performed in compliance with been performed in compliance with the terms the terms of the Public Improvement Contract, of the Public Improvement Contract, and that and that the total cost of the completed work is the total cost of the completed work is $38,696.05. $799,949.67. thth Dated this 12 day of January, 2010. Dated this 12 day of January, 2010. Gus Psihoyos, City Engineer Gus Psihoyos, City Engineer thth Filed in the office of the City Clerk on the 14 Filed in the office of the City Clerk on the 14 day of January, 2010. day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Jeanne F. Schneider, CMC, City Clerk Asbury Plaza Area Wastewater Pumping Cottingham and Butler, Inc. – CEBA and Facilities Project: City Manager recommending EZ Amendments: City Manager recommend- acceptance of the Asbury Plaza Area Waste-ing approval of an amendment to the CEBA water Pumping Facilities Project as completed and EZ agreements with Cottingham and But- by McDermott Excavating in the final contract ler, Inc., which extends their job creation dead- amount of $550,845.47. Upon motion the doc-line by one year. Upon motion the documents uments were received and filed and Resolution were received and filed and Resolution No. 15- No. 14-10 Accepting the Asbury Plaza Area 10 Authorizing the approval of an amendment Wastewater Pumping Facilities Project and to the CEBA and Enterprise Zone Agreements authorizing payment of the contract amount to with Cottingham & Butler Insurance Service the contractor was adopted. was adopted. RESOLUTION NO. 14-10 RESOLUTION NO. 15-10 ACCEPTING THE ASBURY PLAZA AREA AUTHORIZING THE APPROVAL OF AN WASTEWATER PUMPING FACILITIES AMENDMENT TO THE CEBA AND ENTER- PROJECT AND AUTHORIZING THE PAY-PRISE ZONE AGREEMENTS WITH COT- MENT OF THE CONTRACT AMOUNT TO TINGHAM & BUTLER INSURANCE SER- THE CONTRACTOR VICE. Whereas, the Public Improvement Contract Whereas, the Iowa Department of Eco- for the Asbury Plaza Area Wastewater Pump-nomic Development's Community Economic ing Facilities Project (the Project) has been Betterment Account (CEBA) was designed to completed and the City Engineer has ex-assist in the economic development efforts of amined the work and filed a certificate stating local jurisdictions; and that the Project has been completed according Whereas, the Department of Economic to the terms of the Public Improvement Con-Development approved Agreement Number tract and that the City Engineer recommends 07-CEBA-13 with the City of Dubuque and that the Project be accepted. Cottingham & Butler on May 7, 2007 for the NOW, THEREFORE, BE IT RESOLVED expenditure of Community Economic Better- BY THE CITY COUNCIL OF THE CITY OF ment funds; and DUBUQUE, IOWA: Whereas, the Department of Economic Section 1. The recommendation of the City Development approved Agreement Number Engineer is approved and the Project is hereby 07-EZ-021 with the City of Dubuque and Cot- accepted. tingham & Butler for the project to receive En- Section 2. The Finance Director is hereby terprise Zone funds; and directed to pay to the Contractor from the Whereas, Cottingham & Butler desire to Sewer Extensions – New Development appro-amend the agreements and have requested to priation for the contract amount of $550,845.47 extend the project by one year. less any retained percentage provided for NOW, THEREFORE, BE IT RESOLVED therein as provided in Iowa Code Chapter 573, BY THE CITY COUNCIL OF THE CITY OF and to pay such retainage only in accordance DUBUQUE, IOWA: with the provisions of Iowa Code Chapter 573. Section 1. That the amendment to extend th Passed, approved and adopted this 19 the project by one year by amending the day of January, 2010. project completion date for the Community David T. Resnick, Mayor Pro-Tem Economic Betterment Account program and Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, January 19, 2010 13 RESOLUTION NO. 16-10 Enterprise Zone program on behalf of Cotting- ham & Butler, Inc. is hereby approved. Whereas, applications for Beer Permits Section 3. That the Mayor is hereby autho-have been submitted and filed to this Council rized to execute the amendment and the City for approval and the same have been ex- Manager is hereby directed to submit said amined and approved: and amendment to the Iowa Department of Eco-Whereas, the premises to be occupied by nomic Development together with such docu-such applicants were inspected and found to ments as may be required. comply with the Ordinances of the City and th Passed, approved, and adopted this 19 have filed proper bonds. day of January, 2010. NOW, THEREFORE, BE IT RESOLVED David T. Resnick, Mayor Pro-Tem BY THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: That the Manager be authorized to cause Clean Water State Revolving Fund Rules: to be issued the following named applicants a Communication to the Iowa Department of Beer Permit. Natural Resources conveying the City of Du-CLASS “C” BEER PERMIT buque’s comments on proposed changes to Inocente Rubio, El Paisano Grocery Store Chapter 90 of the Code of Iowa regarding the +(Sunday Sale), 1543 Central Avenue Clean Water State Revolving Fund rules. Upon Passed, approved and adopted this 19th motion the document was received and filed. day of January, 2010 David T. Resnick, Mayor Pro-Tem Citizen Communication: Communication Attest: Jeanne F. Schneider, CMC, City Clerk from Sandy Amberg, 80 Croydon Crest, re- RESOLUTION NO. 17-10 garding fluoridation in the City’s water system. Upon motion the document was received, filed Whereas, applications for Liquor Licenses and referred to the City Manager. have been submitted to this Council for ap- proval and the same have been examined and Environmental Stewardship Advisory approved; and Commission: Communication from the Envi-Whereas, the premises to be occupied by ronmental Stewardship Advisory Commission such applicants were inspected and found to regarding fundraising car washes and storm comply with the State Laws and all City Ordin- water management. Upon motion the docu-ances relevant thereto and they have filed ment was received, filed and referred to the proper bonds. City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Signed Contracts: The Ferguson Group for DUBUQUE, IOWA: Energy Efficiency and Conservation Block That the Manager be authorized to cause Grant (EECBG) Strategic / Grant Writing Ser-to be issued the following named applicants a vices. Upon motion the document was re-Liquor License. ceived and filed. CLASS “C” BEER/LIQUOR LICENSE T & M, Inc., Mario’s Italian Restaurant, Business License Refund: Request of +(Sunday Sale), 1298 Main Street Road Ranger, LLC for a refund of Liquor Li-Taiko Restaurant, Taiko Japanese Restau- censes #BC029103 and #BC0029104. Upon rant, +(Sunday Sale), 2155 Southpark Court motion the documents were received, filed, Phillip R. Love, The Lounge, 481 Locust and approved. Street SPECIAL CLASS “C” (BW) LIQUOR LICENSE Liquor License Applications: City Manager Café Manna Java West, LLC, Cafe Manna recommending approval of annual liquor li-Java West, +(Sunday Sale), 150 JFK Road cense renewals as submitted. Upon motion the CLASS “B” WINE documents were received and filed and Reso-Dubuque Religious Center, Dubuque Reli- lution No. 16-10 Granting the issuance of a gious Center, 923 Main Street Class “C” Beer Permit to El Paisano Grocery Passed, approved and adopted this 19th Store; and Resolution No. 17-10 Granting the day of January, 2010. issuance of a Class “C” Beer/Liquor License to David T. Resnick, Mayor Pro-Tem Mario’s Italian Restaurant, Taiko Japanese Attest: Jeanne F. Schneider, CMC, City Clerk Restaurant and The Lounge; a Special Class ITEM TO BE SET FOR PUBLIC HEARING “C” (BW) Liquor License to Café Manna Java West; and a Class “B” Wine Permit to Dubu- que Religious Center were adopted. Motion by Braig to receive and file the doc- uments, adopt the resolution, set the public hearing as indicated, and direct the City Clerk 14 Regular Session, January 19, 2010 Book 140 to publish notice as prescribed by law. NOW, THEREFORE, BE IT RESOLVED Seconded by Voetberg. Motion carried 6-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Water Revenue Capital Loan Notes: City Section 1. That this Council meet in the Manager recommending that a public hearing Historic Federal Building, 350 West 6th Street, be set for February 1, 2010 to consider the Dubuque, Iowa, at 6:30 o'clock P.M., on the th issuance of not to exceed $1,000,000 Water 19 day of January, 2010, for the purpose of Revenue Capital Loan Notes. Upon motion the taking action on the matter of the authorization documents were received and filed and Reso-of a Forgivable Loan and Disbursement lution No. 18-10 Fixing date for a meeting on Agreement and the issuance of not to exceed the authorization of a Forgivable Loan and $1,000,000 Water Revenue Capital Loan Disbursement Agreement and the issuance of Notes to evidence the obligations of the City not to exceed $1,000,000 Water Revenue thereunder, the proceeds of which will be used Capital Loan Notes of Dubuque, Iowa, and to provide funds to pay the costs of acquisition, providing for publication of notice thereof was construction, reconstruction, extending, re- adopted setting a public hearing for a meeting modeling, improving, repairing and equipping to commence at 6:30 p.m. on February 1, all or part of the Municipal Water Utility, includ- 2010 in the Historic Federal Building. ing those costs associated with the acquisition and installation of a fixed radio network water RESOLUTION NO. 18-10 meter system. RESOLUTION FIXING DATE FOR A MEET- Section 2. That the Clerk is hereby directed ING ON THE AUTHORIZATION OF A FOR- to cause at least one publication to be made of GIVABLE LOAN AND DISBURSEMENT a notice of said meeting, in a legal newspaper, AGREEMENT AND THE ISSUANCE OF NOT printed wholly in the English language, pub- TO EXCEED $1,000,000 WATER REVENUE lished at least once weekly, and having gener- CAPITAL LOAN NOTES OF DUBUQUE, al circulation in said City, said publication to be IOWA, AND PROVIDING FOR PUBLICA- not less than four clear days nor more than TION OF NOTICE THEREOF twenty days before the date of said public WHEREAS, it is deemed necessary and meeting on the issuance of the Notes. advisable that the City of Dubuque, Iowa Section 3. The notice of the proposed ac- should provide for the authorization of a For-tion shall be in substantially the [provided] givable Loan and Disbursement Agreement form: th and the issuance of Water Revenue Capital Passed and approved this 19 day of Jan- Loan Notes, in the amount of not to exceed uary 2010. $1,000,000, as authorized by Sections David T. Resnick, Mayor Pro-Tem 384.24A and 384.83, Code of Iowa, as Attest: Jeanne F. Schneider, CMC, City Clerk amended, for the purpose of providing funds to BOARDS/COMMISSIONS pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolv-Applicants were invited to address the City ing Fund Program, and pursuant to the Ameri-Council regarding their desire to serve on the can Recovery and Reinvestment Act of 2009 following Boards/Commissions: Long Range ("ARRA") and in accordance with the terms of Planning Advisory Commission. One 3-year a Forgivable Loan and Disbursement Agree-term through July 1, 2012 (Term of Stein). ment, the Iowa Finance Authority has deter-Applicants: Bryan Clark, 455 Moore Heights; mined to make a forgivable loan to the City in Lou Oswald, 1080 Nowata Street; and John the amount of not to exceed $1,000,000, from Pregler, 1525 Pego Court. Mr. Pregler spoke funds available to the Iowa Finance Authority in support of his appointment. Mr. Anglese’s under the ARRA, for the purpose of assisting application was withdrawn. the project as hereinafter described; and PUBLIC HEARINGS WHEREAS, before the Forgivable Loan and Disbursement Agreement may be autho- rized and Water Revenue Capital Loan Notes Upon motion the rules were suspended al- issued to evidence the obligation of the City lowing anyone present to address the City thereunder, it is necessary to comply with the Council. provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of Request to Rezone – Langworthy Neigh- the time and place of the meeting at which the borhood District: Proof of publication on notice Council proposes to take action for the autho-of public hearing to consider a request from rization of the Forgivable Loan and Disburse-Terry Mozena / Langworthy Neighborhood ment Agreement and Notes and to receive oral Association to rezone a portion of the Lang- and/or written objections from any resident or worthy Neighborhood District from R-2 Two- property owner of the City to such action. Family Residential District to R-1 Single- Book 140 Regular Session, January 19, 2010 15 Family Residential District and Zoning Advi-Subdivision, Lot 5 and the W 20’ of sory Commission recommending approval. Lot 4 of the subdivision of Lots 2 and Communication from David Klavitter, 1090 3 of Mrs. L. H. Langworthy’s Subdivi- rd West 3 Street, in support of the proposed sion, Lot 1 and 2 of Mrs. P. J. Pech- rezoning of a portion of the Langworthy Neigh-ous Subdivision, Lots 1 and 2 of Du- borhood District. pree Place, Lots 1 and 2 of Altman Motion by Jones to receive and file the Place, Lot 4 of 4 of Mrs. L. H. Lang- documents and that the requirement that a worthy’s Subdivision, Lot 5 of 4 of proposed ordinance be considered and voted Mrs. L. H. Langworthy’s Subdivision, on for passage at two Council meetings prior Lot 2 of 5 and Lot 2 of 6 of the subdi- to the meeting at which it is to be passed be vision of Lots 1, 2 and 3 of Julia suspended. Seconded by Voetberg. Motion Langworthy’s Addition, Lots 1 of 5 carried 6-0. and 1 of 6 of the subdivision of Lots Motion by Jones for final consideration and 1, 2 and 3 of Julia Langworthy’s Sub- passage of Ordinance No. 1-10 Amending division, N 75’ of Lot 4 and S 41’ of Title 16 of the City of Dubuque Code of Ordin-Lot 4 of the subdivision of Lots 1, 2 ances, Unified Development Code, by reclassi-and 3 of subdivision of Lot 1 of 2 of 3 fying hereinafter described property located Julia Langworthy’s Subdivision, Lot 1 partially within the Langworthy Historic District of 5 in Mrs. L. H. Langworthy’s Sub- from R-2 Two-Family Residential District to R-division except N 12’ thereof, Lot 1 of 1 Single-Family Residential District. Seconded 6 and Lot 2 of 5 in Mrs. L. H. Lang- rd, by Voetberg. Terry Mozena, 1036 West 3 worthy’s Subdivision except the N 12’ Street spoke in support of the proposed ordin-thereof, Lot 2 of 6 Mrs. L. H. Lang- ance. Planning Services Manager Laura Cars-worthy’s Subdivisions except the N tens provided a staff report. Speaking on be-12’ thereof, W 83’ of Lot 7 Mrs. L. H. half of the Zoning Advisory Commission, Langworthy’s Subdivision, except the Chairperson Jeff Stiles stated that all affected part deeded to the City, the E 80’ of residents except one support the request. Mo-Lot 7 Mrs. L. H. Langworthy’s Subdi- tion carried 6-0. vision, Lot 1 of the N 160’ of Lot 8 of Mrs. L. H. Langworthy’s Subdivision, OFFICIAL PUBLICATION Lot 1 of 2 of the N 160’ of Lot 8 of ORDINANCE NO. 1-10 Mrs. L. H. Langworthy’s Subdivision, AMENDING TITLE 16 OF THE CITY OF DU- Lot 2 of 2 of the No 160’ of Lot 8 of BUQUE CODE OF ORDINANCES, UNIFIED Mrs. L. H. Langworthy’s Subdivision, DEVELOPMENT CODE, BY RECLASSIFY- the S 60’ of Lot 8 of Mrs. L. H. Lang- ING HEREINAFTER DESCRIBED PROPER- worthy’s Subdivision, the W 15’ of Lot TY LOCATED PARTIALLY WITHIN THE 4 of McCoy Subdivision, and the E LANGWORTHY HISTORIC DISTRICT FROM 39’ of Lots 5 of McCoy’s Subdivision, R-2 TWO-FAMILY RESIDENTIAL DISTRICT the W 11’ of Lot 5 of McCoy’s Subdi- TO R-1 SINGLE-FAMILY RESIDENTIAL vision and Lot 6 of McCoy Subdivi- DISTRICT sion, the S 150 feet of Lot 1 of P. NOW, THEREFORE, BE IT ORDAINED Langworthy’s Subdivision, the E ½ of BY THE CITY COUNCIL OF THE CITY OF the S ½ of Lot 2 of P. Langworthy’s DUBUQUE, IOWA: Subdivision, the W ½ of the S ½ of Section 1. That Title 16 of the City of Du-Lot 2 of P. Langworthy’s Subdivision, buque Code of Ordinances, Unified Develop-the E 60’ of the S ½ of Lot 3 of P. ment Code, is hereby amended by reclassify-Langworthy’s Subdivision, the W 50’ ing the hereinafter-described property from R-of the S ½ of Lot 3 and the east 25’ of 2 Two-Family Residential District to R-1 Sin-the S ½ of ½ of Lot 2 of 4 P. Lang- gle-Family Residential District, to wit: worthy’s Addition, the W 40’ of the S Lots 7 and 8 of Julia Langworthy’s ½ of Lot 2 of 4 and the S ½ of Lot 2 of Addition, Lots 49, 50, 51, 52, and 53 1 of 4 P. Langworthy’s Addition, and of Julia Langworthy’s Addition, S 40’ Lot 1 of 1 of 1 of 1 of 4 of P. Langwor- of Lot 6 of Julia Langworthy’s Addi-thy’s Subdivision,. and to the center- tion, Lot 5 and the N 10’ of Lot 6 of line of the adjoining public right-of- Julia Langworthy’s Addition, Lot 4 of way, all in the City of Dubuque, Iowa. Julia Langworthy’s Addition, Lot 9 Section 2. The foregoing amendment has and the W ½ of Lot 10 of Julia Lang-heretofore been reviewed by the Zoning Advi- worthy’s Addition, the E ½ of Lot 10 sory Commission of the City of Dubuque, of Julia Langworthy’s Addition, Lots Iowa. 10 and 11 of Julia Langworthy’s Addi-Section 3. This ordinance shall take effect tion, Lot 6 of the subdivision of Lots 2 immediately upon publication, as provided by and 3 of Mrs. L. H. Langworthy’s law. 16 Regular Session, January 19, 2010 Book 140 th Passed, approved and adopted this 19 Section 3. This ordinance shall take effect day of January, 2010. immediately upon publication, as provided by /s/David T. Resnick, Mayor Pro-Tem law. th Attest: Passed, approved and adopted this 19 /s/Jeanne F. Schneider, CMC, City Clerk day of January, 2010. Published officially in the Telegraph Herald /s/David T. Resnick, Mayor Pro-Tem rd Newspaper the 23 day of January, 2010. Attest: /s/Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald rd Text Amendment – Off-Premise Sign Area: Newspaper the 23 day of January, 2010. Proof of publication on notice of public hearing /s/Jeanne F. Schneider, CMC, City Clerk to consider a request from the City of Dubuque to amend Article 15-12 of the Unified Devel-Individual Historic Designation – 44 Main opment Code regarding off-premise sign Street: Proof of publication on notice of public areas. Motion by Connors to receive and file hearing to consider the Individual Historic Desig- the documents and that the requirement that a nation for 44 Main Street and Historic Preservation proposed ordinance be considered and voted Commission recommending approval. Motion by on for passage at two Council meetings prior Jones to receive and file the documents and that to the meeting at which it is to be passed be the requirement that a proposed ordinance be suspended. Seconded by Lynch. Motion car-considered and voted on for passage at two ried 6-0. Council meetings prior to the meeting at which it is Motion by Connors for final consideration to be passed be suspended. Seconded by Voet- and passage of Ordinance No. 2-10 Amending berg. Motion carried 6-0. Title 16 of the City of Dubuque Code of Ordin-Motion by Jones for final consideration and ances, Unified Development Code, by repeal-passage of Ordinance No. 3-10 Amending ing Section 15-12 Off-Premise Signs and Title 16, Unified Development Code of the City adopting a new Section 15-12 Off-Premise of Dubuque Code of Ordinances by adding Signs in lieu thereof pertaining to the regula-Article 10-7(C)(4) Establishing an individually tions of off-premise signs along state and fed-designated historic property at 2537 Windsor eral highways and near historic districts. Avenue and by adding Article 10-7(C)5) Estab- Seconded by Braig. Planning Services Man-lishing an individually designated historic ager Laura Carstens provided a staff report. property at 44 Main Street. Seconded by Motion carried 6-0. Voetberg. Motion carried 6-0. OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 2-10 ORDINANCE NO. 3-10 AMENDING TITLE 16 OF THE CITY OF DU-AMENDING TITLE 16, UNIFIED DEVELOP- BUQUE CODE OF ORDINANCES, UNIFIED MENT CODE OF THE CITY OF DUBUQUE DEVELOPMENT CODE, BY REPEALING CODE OF ORDINANCES BY ADDING AR- SECTION 15-12 OFF-PREMISE SIGNS AND TICLE 10-7(C)(4) ESTABLISHING AN INDI- ADOPTING A NEW SECTION 15-12 OFF-VIDUALLY DESIGNATED HISTORIC PROP- PREMISE SIGNS IN LIEU THEREOF, PER-ERTY AT 2537 WINDSOR AVENUE AND BY TAINING TO THE REGULATIONS OF OFF-ADDING ARTICLE 10-7(C)(5) ESTABLISH- PREMISE SIGNS ALONG STATE AND FED-ING AN INDIVIDUALLY DESIGNATED HIS- ERAL HIGHWAYS AND NEAR HISTORIC TORIC PROPERTY AT 44 MAIN STREET. DISTRICTS. Whereas, the Historic Preservation Com- NOW, THEREFORE, BE IT ORDAINED mission, at the request of the property owners, BY THE CITY COUNCIL OF THE CITY OF has recommended an amendment to Title 16, DUBUQUE, IOWA: Unified Development Code of the City of Du- Section 1. That Title 16 of the City of Du-buque Code of Ordinances, to establish Indivi- buque Code of Ordinances, Unified Develop-dually Designated Historic Properties at 2537 ment Code, is hereby amended by repealing Windsor Avenue and 44 Main Street as they Section 15-12 Off-Premise Signs and adopting are consistent with the criteria for said desig- a new Section 15-12 Off-Premise Signs in lieu nation; and thereof, pertaining to the regulation of off-Whereas, the City of Dubuque may estab- premise signs along state or federal highways lish Individually Designated Historic Properties and near historic districts, as shown in Exhibit to recognize those properties that have histori- A [attached]. cal, architectural, or cultural significance which Section 2. The foregoing amendment has are not of landmark status or located within a heretofore been reviewed by the Zoning Advi-historic district. sory Commission of the City of Dubuque, Whereas, Individually Designated Historic Iowa. Properties qualify for historic preservation Book 140 Regular Session, February 1, 2010 17 CITY OF DUBUQUE, IOWA funding and require design review for exterior alterations. CITY COUNCIL NOW, THEREFORE, BE IT ORDAINED OFFICIAL BY THE CITY COUNCIL OF THE CITY OF PROCEEDINGS DUBUQUE, IOWA: Section 1. Article 10-7(C), Individually Des- ignated Historic Properties, Title 16, Unified The Dubuque City Council met in regular Development Code of the City of Dubuque session at 6:30 p.m. on February 1, 2010 in Code of Ordinances, is hereby amended by the Historic Federal Building. adding the following new subsections: (4) The buildings, structures, objects, Present: Mayor Buol, Council Members sites and property situated onLot 20 Staf- Braig, Connors, Jones, Lynch, Resnick, Voet- fords Add., also known as 2537 Windsor berg, City Manager Van Milligen, City Attorney Avenue. Lindahl (5) The buildings, structures, objects, sites and property situated onLots 13, 14 Mayor Buol read the call and stated this is & 15 of W 1/2 Blk 1 Dubuque Harbor Co a regular session of the City Council to act Add, also known as 44 Main Street. upon such business that may properly come Section 2. This ordinance shall take effect before the City Council. immediately upon publication, as provided by law. Pledge of Allegiance th Passed, approved and adopted this 19 day of January, 2010. Invocation was provided by Reverend /s/David T. Resnick, Mayor Pro-Tem Nancy Bickel of the First Congregational UCC. Attest: /s/Jeanne F. Schneider, CMC, City Clerk PROCLAMATIONS Published officially in the Telegraph Herald rd Newspaper the 23 day of January, 2010. Congenital Heart Defect Awareness Week /s/Jeanne F. Schneider, CMC, City Clerk (February 7-14, 2010) was accepted by Jesi Duve, 15818 Humke Road. Scouting Day Upon motion the rules were reinstated li- (February 7, 2010) was accepted by Colin miting discussion to the City Council. Earl, 10601 Military Road, and representatives from the NE Iowa Council of the Boy Scouts of ACTION ITEMS America. Proudly Accessible Dubuque (PAD): Commu- CONSENT ITEMS nications from Katrina Wilberding advising that the Mississippi Riverwalk and River’s Edge Plaza, the Motion by Lynch to receive and file the City Trolley – Dubuque, and Ice Harbor Boat documents, adopt the resolutions, and dispose Docks have been named as Proudly Accessible of as indicated. Seconded by Braig. Motion Dubuque businesses. Motion by Connors to re- carried 7-0. ceive and file the documents. Seconded by Braig. Connors commended and thanked Wilberding for Minutes and Reports Submitted: City Council her professionalism and success with the City’s of 1/19; Community Development Advisory Com- accessibility compliance. Motion carried 6-0. mission of 1/6; Housing Commission of 11/24 and 12/4; Historic Preservation Commission of 1/14; Federal Emergency Management Agency Human Rights Commission of 11/9; Park and (FEMA): City Manager recommending approval of Recreation Commission of 1/12 the submittal of revised talking points to federal Proof of publication of City Council Pro- legislators related to the Federal Emergency Man- ceedings of January 4, 2010 agement Agency new flood area maps. Motion by Substance Abuse Services Center Second Braig to receive and file the documents and ap- Quarter Report prove the recommendation. Seconded by Con- Upon motion the documents were received nors. Motion carried 6-0. and filed. COUNCIL MEMBER REPORTS Notice of Claims/Suits: Lester C. Leubka for property damage. Upon motion the docu- Connors reported on her attendance at the ment was received and filed and referred to emergency management exercise held at the the City Attorney. Fire Training Facility earlier in the day. City Attorney advising that the following /s/Jeanne F. Schneider, CMC claims have been referred to Public Entity Risk City Clerk 18 Regular Session, February 1, 2010 Book 140 Services of Iowa, the agent for the Iowa Com-Section 1. The recommendation of the City munities Assurance Pool: Vicky Fuller for ve-Engineer is approved and the Project is hereby hicle damage; Tschiggfrie Excavating Compa-accepted. ny for loss of revenue. Upon motion the docu-Section 2. The Finance Director is hereby ments were received, filed, and concurred. directed to pay to the Contractor from the Ker- per Boulevard Storm Sewer Extension and Worker’s Compensation Claims Adminis-Storm Sewer Improvements/Extensions ap- trative Services: City Manager recommending propriations for the contract amount of approval of the Agreement between the City of $75,489.53 less any retained percentage pro- Dubuque and Alternative Services Concepts vided for therein as provided in Iowa Code (ASC) for services related to the administration chapter 573, and to pay such retainage only in of the City’s Worker’s Compensation Program. accordance with the provisions of Iowa Code Upon motion the documents were received, chapter 573. st filed, and approved. Passed, approved and adopted this 1 day of February, 2010. Bi-Lingual Trail Signage: City Manager re-Roy D. Buol, Mayor commending approval of the recommended Attest: Jeanne F. Schneider, CMC, City Clerk designs and specifications for the Bi-Lingual CITY ENGINEER’S CERTIFICATE OF FINAL Trail Signage Project and authorization to be- COMPLETION OF THE KERPER BOULE- gin the informal bidding process. Upon motion VARD STORM SEWER PROJECT the documents were received, filed, and ap- proved. The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has LK Development and Storage, LLC: City Man-inspected the Kerper Boulevard Storm Sewer ager recommending that the request from Attor-Project, that the Project has been performed in ney Brian Kane on behalf of LK Development and compliance with the terms of the Public Im- Storage, LLC relative to property at 3040 Elm provement Contract, and that the total cost of Street be referred to the Historic Preservation the completed work is $83,055.24. Commission. Upon motion the documents were Dated this 28th day of January, 2010. received and filed and referred to the Historic Pre-Gus Psihoyos, City Engineer th servation Commission. Filed in the office of the City Clerk on the 29 day of January, 2010. Kerper Boulevard Storm Sewer Improve-Jeanne F. Schneider, CMC, City Clerk ments Project: City Manager recommending acceptance of the Kerper Boulevard Storm Clarke Drive Sanitary Sewer Repair Sewer Improvements Project as completed by Project: City Manager recommending accep- McDermott Excavating Co., in the final con-tance of the Clarke Drive Sanitary Sewer Re- tract amount of $75,489.53. Upon motion the pair Project as completed by Drew Cook & documents were received and filed and Reso-Sons Excavating Co., Inc., in the final contract lution No. 19-10 Accepting the Kerper Boule-amount of $22,431.68. Upon motion the doc- vard Storm Sewer Improvements Project and uments were received and filed and Resolution authorizing payment of the contract amount to No. 20-10 Accepting the Clarke Drive Sanitary the contractor was adopted. Sewer Repair Project and authorizing payment of the contract amount to the contractor was RESOLUTION NO. 19-10 adopted. ACCEPTING THE KERPER BOULEVARD STORM SEWER PROJECT AND AUTHORIZ-RESOLUTION NO. 20-10 ING THE PAYMENT OF THE CONTRACT ACCEPTING THE CLARKE DRIVE SANITA- AMOUNT TO THE CONTRACTOR RY SEWER REPAIR PROJECT AND AU- THORIZING THE PAYMENT OF THE CON- Whereas, the Public Improvement Contract TRACT AMOUNT TO THE CONTRACTOR for the Kerper Boulevard Storm Sewer Project (the Project) has been completed and the City Whereas, the Public Improvement Contract Engineer has examined the work and filed a for the Clarke Drive Sanitary Sewer Repair certificate stating that the Project has been Project (the Project) has been completed and completed according to the terms of the Public the City Engineer has examined the work and Improvement Contract and that the City Engi-filed a certificate stating that the Project has neer recommends that the Project be ac-been completed according to the terms of the cepted; and Public Improvement Contract and that the City NOW THEREFORE, BE IT RESOLVED Engineer recommends that the Project be ac- BY THE CITY COUNCIL OF THE CITY OF cepted. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 140 Regular Session, February 1, 2010 19 Section 1. The recommendation of the City Section 1. The City Council of the City of Engineer is approved and the Project is hereby Dubuque, Iowa, hereby approves of, accepts accepted. and consents to the ingress and egress ease- Section 2. The Finance Director is hereby ment over and across parts of Lot 1 of Cedar directed to pay to the Contractor from the Ridge Farm Place No. 5 in the City of Dubu- General Sanitary Sewer Repairs appropriation que, Dubuque County, Iowa, from Perry In- for the contract amount of $22,431.68 less any vestments, LLC, recorded as Instrument No. retained percentage provided for therein as 2009-22798 on December 18, 2009, in the provided in Iowa Code chapter 573, and to pay Office of the Dubuque County Recorder. such retainage only in accordance with the Section 2. The Mayor is hereby authorized provisions of Iowa Code chapter 573. and directed to execute and acknowledge on st Passed, approved and adopted this 1 day behalf of the City of Dubuque any instruments of February, 2010. in connection herewith. st Roy D. Buol, Mayor Passed, approved and adopted this 1 day Attest: Jeanne F. Schneider, CMC, City Clerk of February, 2010. Roy D. Buol, Mayor CITY ENGINEER’S CERTIFICATE OF FINAL Attest: Jeanne F. Schneider, CMC, City Clerk COMPLETION OF THE CLARKE DRIVE SA- NITARY SEWER REPAIR PROJECT 2009 Sidewalk Assessment Program: City The undersigned City Engineer of the City Manager recommending approval of the final of Dubuque, Iowa, hereby certifies that he has schedule of assessments for the 2009 Side- inspected the Clarke Drive Sanitary Sewer walk Assessment Program. Upon motion the Repair Project, that the Project has been per-documents were received and filed and Reso- formed in compliance with the terms of the lution No. 22-10 Adopting the final assessment Public Improvement Contract, and that the schedule for the 2009 Sidewalk Assessment total cost of the completed work is $24,265.76. Program was adopted. Dated this 28th day of January, 2010. RESOLUTION NO. 22-10 Gus Psihoyos, City Engineer th ADOPTING THE FINAL ASSESSMENT Filed in the office of the City Clerk on the 29 SCHEDULE FOR THE 2009 SIDEWALK AS- day of January, 2010. SESSMENT PROJECT Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED Ingress and Egress Easement – Cedar BY THE CITY COUNCIL OF THE CITY OF Ridge Farm Place No. 5: City Manager re-DUBUQUE, IOWA: commending acceptance of an ingress and After full consideration, the Final Schedule egress easement over Lot 1 of Cedar Ridge of Assessments as shown on the attached Farm Place No. 5 to maintain existing deten-sheet(s), Page 1 to Page 1 inclusive; is hereby tion facilities. Upon motion the documents approved for the 2009 Sidewalk Assessment were received and filed and Resolution No. 21-Project. 10 Accepting an ingress and egress easement There is hereby assessed and levied as a for repair and maintenance of existing storm special tax against and upon each of the bene- water detention facilities in the City of Dubu-fited properties, the respective sums indicated. que, Iowa, was adopted. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be RESOLUTION NO. 21-10 proper and levied conditionally against the ACCEPTING AN INGRESS AND EGRESS respective properties benefited by the im- EASEMENT FOR REPAIR AND MAINTEN- provements as shown in the Final Schedule of ANCE OF EXISTING STORMWATER DE- Assessments, subject to the provisions of Iowa TENTION FACILITIES IN THE CITY OF DU- Code § 384.63. Said assessments against BUQUE, IOWA said lots are hereby declared to be in propor- Whereas, Perry Investments, LLC has ex-tion to the special benefits conferred and not in ecuted an ingress and egress easement over excess of twenty-five percent of the value of and across parts of Lot 1 of Cedar Ridge Farm same. Place No. 5 in the City of Dubuque, Dubuque The City Clerk be and is hereby directed to County, Iowa; and certify the Final Schedule of Assessments to Whereas, said easement was recorded as the County Treasurer of Dubuque County, Instrument No. 2009-22798 in the Office of the Iowa, and to publish notice of said certification Dubuque County Recorder on December 18, once each week for two consecutive weeks in 2009. 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 the date of the second publication of the no- 20 Regular Session, February 1, 2010 Book 140 tice, the City Clerk shall also mail a copy of Donald Jacquinot, LOT 1-15 Cooley's Sub, said notice to property owners whose property 10-24-329-012, 5 Main Street, Dubuque, IA is subject to assessment, as provided in Iowa 52001, 396 West Locust Street, $556.00; Code § 384.60. Lawrence & Brenda Huseman, SW 1/2 Lot The assessments may be paid in full or in 16 Cooks Add, 10-13-485-003, 483 Peach part without interest at the office of the City Street, East Dubuque, IL 61025, 720 Rhom- th Treasurer, City Hall, 50 W. 13 Street, Dubu-berg Avenue, $504.40; que, Iowa, at any time within 30 days after the TOTAL: $7,308.49 date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments Quarterly Investment Report: City Manager of $100.00 or more are payable in 10 annual transmitting the December 31, 2009 Quarterly installments at the County Treasurer’s Office, Investment Report. Upon motion the docu- Dubuque County Courthouse, 720 Central ments were received and filed. Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to De-Acquisition of Property at 250 South Main cember 1 next following the due dates of the Street: City Manager recommending approval respective installments as provided in Section of the acquisition of property at 250 South 384.65 of the Code of Iowa. Each installment Main Street and execution of an Offer to Buy will be delinquent from October 1 following its and Deferred Payment Plan Agreement be- due date on July 1 of each year. However, tween the City and the Iowa Department of when the last day of September is a Saturday Transportation. Upon motion the documents or Sunday, that amount shall be delinquent were received, filed, and approved. from the second business day of October. De- linquent installments will draw the same delin-40 Main LLC Collateral Assignment: City quent interest as ordinary taxes. Property Manager recommending approval of the Colla- owners may elect to pay any annual install-teral Assignment of Contract between Premier ments semi-annually in advance. Bank and 40 Main, LLC. Upon motion the doc- st Passed, approved and adopted this 1 day uments were received and filed and Resolution of February, 2010. No. 23-10 Approving a Collateral Assignment Roy D. Buol, Mayor of Contract between Premier Bank and 40 Attest: Jeanne F. Schneider, CMC, City Clerk Main, LLC, was adopted. 2009 SIDEWALK REPAIR ASSESSMENTS RESOLUTION NO. 23-10 FINAL SCHEDULE OF VALUATION AND APPROVING A COLLATERAL ASSIGN- PROPOSED ASSESSMENTS MENT OF CONTRACT BETWEEN PREMIER DATE: JANUARY 21, 2010 BANK AND 40 MAIN, LLC. PROPERTY OWNER NAME; LOT DESCRIP- Whereas, a Purchase Contract was ap- TION; PARCEL NUMBER; MAILING AD- proved by Resolution No. 360-09 by the Du- DRESS; CITY STATE ZIP; STREET AD- buque City Council for the following Real Es- DRESS; TOTAL NET ASSESSMENT tate: Dean Miller, SW 1/2 of Lot 27 Cooks Add Lot 1 of 10A, Lot 1 of 12A, and Lot 1 of 604-604 1/2 Rhomberg, 10-24-227-006, 794 17A all in the West Half of Block 1 and Lot 1 of Glen Oak, Dubuque, IA 52001, 604 Rhomberg 1A in the West Half of Block 10 in Dubuque Avenue, $467.45; Harbor Company’s Addition in the City of Du- Hiba Petroleum Inc., SW 16.43' of Lot 20 buque, Dubuque County, Iowa; and Cooks Add & Lot 21 Cooks Add, 10-13-485-Whereas, Premier Bank is requesting addi- 009, 700 Rhomberg Avenue, Dubuque, IA tional collateral as Lender for the redevelop- 52001, 700 Rhomberg Avenue, $3,285.24; ment of the former Higley Chemical building Harry & Deborah Saunders, Lot 23 Feng-located at 40 South Main Street; and ler's Add, 11-18-317-001, 1120 Rhomberg Whereas, the City must approve the As- Avenue, Dubuque, IA 52001, 1120 Rhomberg signment as the contract has not been com- Avenue, $543.35; pleted. Kathy Fishnick, SW 1/2 of Lot 11 Jungk's NOW THEREFORE, BE IT RESOLVED Dubuque, 11-18-310-018, 1213 Rhomberg BY THE CITY COUNCIL OF THE CITY OF Avenue, Dubuque, IA 52001, 1213 Rhomberg DUBUQUE, IOWA: Avenue, $771.05; Section 1. The Collateral Assignment of Jesse & Robin Hayes, Lot 1-63 & 1-2-64 Contract between Premier Bank and 40 Main, MC Craneys 1st Add, 11-18-303-003, 1403 LLC is hereby approved. Rhomberg Avenue, Dubuque, IA 52001, 1403 Section 2. That the Mayor be authorized Rhomberg Avenue, $447.90; and directed to execute a Collateral Assign- Chris Clark, SW 28' of Lot 372 Ham's Add, ment of Contract. 11-07-456-014, P.O. Box 1358, Dubuque, IA Passed, approved and adopted this 1st 52004, 2411 Rhomberg Avenue, $733.10; day of February, 2010. Book 140 Regular Session, February 1, 2010 21 Roy D. Buol, Mayor tract and that the City Engineer recommends Attest: Jeanne F. Schneider, CMC, City Clerk that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED Dubuque County H1N1 Subcontract: City BY THE CITY COUNCIL OF THE CITY OF Manager recommending approval of a contract DUBUQUE, IOWA: with the Dubuque County Health Department Section 1. The recommendation of the City for services related to the H1N1 pandemic Engineer is approved and the Project is hereby response. Upon motion the documents were accepted. received, filed, and approved. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Federal Emergency Management Agency Walkway – Iowa Ramp to Northeast Iowa (FEMA): City Manager recommending approv-Community College Capital Improvement al of a proposed response letter to the De-Project appropriation for the contract amount cember 30, 2009 Federal Emergency Man-of $68,027.47 less any retained percentage agement Agency (FEMA) letter transmitting provided for therein as provided in Iowa Code FEMA’s revised preliminary Digital Flood In-chapter 573, and to pay such retainage only in surance Rate Map (DFIRM). Upon motion the accordance with the provisions of Iowa Code documents were received, filed and approved. chapter 573. st Passed, approved and adopted this 1 day Petition Iowa Utilities Board for Amend-of February, 2010. ment of Rule: City Manager recommending Roy D. Buol, Mayor approval to file a petition before the Iowa Utili-Attest: Jeanne F. Schneider, CMC, City Clerk ties Board in an attempt to restore the City’s CITY ENGINEER’S CERTIFICATE OF FINAL municipal cable franchise with Mediacom. COMPLETION OF THE WALKWAY Upon motion the documents were received, PROJECT BETWEEN THE IOWA STREET filed, and approved. PARKING RAMP AND NORTHEAST IOWA COMMUNITY COLLEGE City Council Referral – Snow Route in East th 24 Street Area: City Manager recommending The undersigned City Engineer of the City th approval of a request that East 24 Street be of Dubuque, Iowa, hereby certifies that he has added to the odd/even snow route. Upon mo-inspected the Walkway Project between the tion the documents were received, filed, and Iowa Street Parking Ramp and Northeast Iowa the request approved. Community College, that the Project has been performed in compliance with the terms of the Walkway Project – Northeast Iowa Com-Public Improvement Contract, and that the munity College: City Manager recommending total cost of the completed work is $81,685.47. acceptance of the Walkway Project between Dated this 25th day of January, 2010. the Iowa Street Parking Ramp and Northeast Gus Psihoyos, City Engineer th Iowa Community College, as completed by Filed in the office of the City Clerk on the 29 Portzen Construction, Inc., in the final contract day of January, 2010. amount of $68,027.47. Upon motion the doc-Jeanne F. Schneider, CMC, City Clerk uments were received and filed and Resolution No. 24-10 Accepting the Walkway Project be-Digital Flood Insurance Rate Map tween the Iowa Street Parking Ramp and (DFIRM): Communication from Senator Northeast Iowa Community College and autho-Charles Grassley regarding the Digital Flood rizing payment of the contract amount to the Insurance Rate Map (DFIRM). Upon motion contractor was adopted. the document was received and filed. RESOLUTION NO. 24-10 Intercultural Competency Report: City ACCEPTING THE WALKWAY PROJECT Manager transmitting the 2008 – 2009 Intercul- BETWEEN THE IOWA STREET PARKING tural Competency Report. Upon motion the RAMP AND NORTHEAST IOWA COMMUNI- documents were received and filed. TY COLLEGE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT Delinquent Water, Sewer, Refuse and TO THE CONTRACTOR Storm Water Collection Accounts: City Man- Whereas, the Public Improvement Contract ager recommending approval of the submis- for the Walkway Project between the Iowa sion of delinquent water, sewer, refuse and Street Parking Ramp and Northeast Iowa storm water collection accounts to the Dubu- Community College(the Project) has been que County Treasurer. Upon motion the doc- completed and the City Engineer has ex-uments were received and filed and Resolution amined the work and filed a certificate stating No. 25-10 Adopting the Schedule of Assess- that the Project has been completed according ments for delinquent water, refuse, sewer and to the terms of the Public Improvement Con-storm water collection accounts and directing 22 Regular Session, February 1, 2010 Book 140 the Clerk to certify the schedule of assess-Albert J. & Melissa L. Reiff, 02880 Central ments to the County Treasurer and to publish Ave., $23.54; notice thereof was adopted. Amber Cooper, 02702 Pinard St., $76.37; Angie Grimes, 02695 Dove St., $122.56; RESOLUTION NO. 25-10 Antonio G. Conley, 01104 Riverview St., ADOPTING THE SCHEDULE OF ASSESS- $38.26; MENTS FOR DELINQUENT WATER, SEW- April K. Lausier, 00651 Kaufmann Ave., ER, REFUSE AND STORMWATER AC- $247.53; COUNTS AND DIRECTING THE CITY Auto & Truck Parts, 03000 Jackson St., CLERK TO CERTIFY THE SCHEDULE OF $212.50; ASSESSMENTS TO THE COUNTY TREA- Belle Estates LC, 01035 Grove Terrace #3, SURER AND TO PUBLISH NOTICE THE- $78.64; REOF Belliqueaux Estates LC, 00737 Caledonia NOW, THEREFORE, BE IT RESOLVED St., $115.13; BY THE CITY COUNCIL OF THE CITY OF Bill Finn, 02010 Shelby St., $52.11; DUBUQUE, IOWA: BM Properties LLC, 00765 Alpine St. #2, That after full consideration of the Sche-$29.26; nd dule of Assessments attached hereto for de-Bonvivant LC, 00505 Almond St. 2, linquent water, sewer, refuse, and storm water $63.36; nd accounts which Schedule of Assessments was Bonvivant LC, 00505 Almond St. 2, filed in the office of the City Clerk on the 26th $49.33; day of January, 2010, the said Schedule of Bourbon Street Estates, 00535 Almond St., Assessments be and the same is hereby ap-$28.76; proved and adopted. Bourbon St. Estates LC, 00515 Almond That there be, and is herby assessed and St., $79.28; levied as a lien upon the real property, the Clara C. Finger, 01955 Clarke Dr., $38.66; rd respective sums indicated. Corey E. Bonner, 01815 W 3 St., $96.72; th That the City Clerk be and is hereby di-Da Vinci's LLC, 00395 W 9 St., $293.76; rected to certify said schedule to the County Dan Bastian, 00610 Kurt Ct., $231.54; Treasurer of Dubuque County, Iowa, and to Dana Kisting, 00702 Wilson St., $42.30; st publish notice of said certification once each Dana Kisting, 00716 Wilson St. 1, $32.73; nd week for two consecutive weeks in the manner Dana Kisting, 00716 Wilson St. 2, provided in Iowa Code § 362.3, the first publi-$33.10; st cation of which shall be not more than fifteen Dana Kisting, 00718 Wilson St. 1, $33.34; nd days from the date of filing of the final sche-Dana Kisting, 00718 Wilson St. 2, dule. On or before the date of the second pub-$32.79; rd lication of the notice, the City Clerk shall also Dana Kisting, 00718 Wilson St. 3, $33.04; mail a copy of said notice to property owners Daniel J. Kane, 00395 Nevada St., $88.00; whose property is subject to assessment, as David B. Welsh, 775 S Grandview Ave., provided and directed in Iowa Code § 384.60. $213.88; The assessments may be paid in full or in David O. & Tessa A. Lochner, 00727 Hill nd part at the Utility Billing Office, City Hall, 50 W. St. 2, $156.24; thst 13 Street, Dubuque, Iowa, at any time within David O. Lochner, 00727 Hill St. 1, 30 days after the date of the first publication of $126.75; the notice of the filing of the Schedule of As-Dawn M. Snider, 00154 W 23RD St., sessments with the County Treasurer. After 30 $436.04; days, unpaid assessments are payable at the Dean W. Miller, 00604 Rhomberg Ave., County Treasurer’s Office, Dubuque County $101.65; Courthouse, 720 Central Avenue, Dubuque, Dena M. Kurt, 1070 Melrose Terrace Iowa, and charges shall be collected in the $193.04; same manner as general property taxes Don D. Heim, 00596 University Ave., against the respective parcels of the property $83.43; set opposite the name of the property owner. Donald L. & Ethel C. Ohmert, 1176 Univer- Passed, approved and adopted this 1st sity Ave., $10.09; day of February, 2010. Ed F. Davis, 00971 Bluff St., $116.09; Roy D. Buol, Mayor Edward & Luzmila Karwoski, 01532 Jack- Attest: Jeanne F. Schneider, CMC, City Clerk son St., $58.08; CUSTOMER NAME, SERVICE ADDRESS, Edward & Luzmila Karwoski, 1532 Jackson BALANCE St., $108.32; nd Agnes E. Steines, 02444 W. 32 St., Elizabeth A. Bloye, 02305 Samantha Dr., $150.13; $224.75; Al & Melissa Reiff, 02412 Windsor Ave, Equity Builders, 00640 Sapphire Circle, $56.47; $72.29; Book 140 Regular Session, February 1, 2010 23 Fontainebleu LC, 02495 Asbury Rd. Apt. 3, Juantia K. Barry, 1776 N Grandview Ave., $10.34; $197.61; Freedom Development Co. LLC, 01053 W Julie Leclere, 02491 Hempstead St., th 5 St., $56.81; $95.31; French Market Estates LC, 02136 White Justin Oglesby, 02205 Samantha Dr., St., #2, $116.46; $220.12; th Garden District Estates LC, 00075 W 24 Kathryn E. Fisher, 338 Hill St., $75.02; St., #1, $50.76; Katie L. Berwanger, 02613 Glenview Gary & Susan Bay, 01815 Jackson St., Circle, $147.06; $285.20; Kenneth A. Ginter, 02662 Ogle St., $96.67; nd Gary Bernhard, 01110 Roosevelt St., Kenneth E. Keller, 02054 Jackson St. 2, $56.44; $121.28; Gary Bernhard, 01100 Roosevelt St., Kerri A. Dress, 00864 Edison St., $273.22; $131.83; Kingdom Investment LLC, 00500 Hill St., Gary E. Bay, 01805 Jackson St., $209.34; $67.90; rd Greg B. Cray, 00745 Davis St., $245.08; Kingdom Investment LLC, 00993 W 3 St., H & R Properties, 01586 Washington St., $126.86; $158.93; Kingdom Investment LLC, 00308 Hill St. J. Foht, 00723 Peru Rd., $131.83; #1, $332.72; Jackson Square Estates LC, 01575 Wash-Kingdom Investment LLC, 00308 Hill St. ington St., $82.07; #2, $162.29; Jackson Square Estates LLC, 01428 Kyle G. Fitzgerald, 00590 Arlington St., Washington St., $46.27; $36.42; Jacqueline R. Krantz, 01040 Kelly Lane, Larry Junk, 02224 Suzanne Dr., $143.32; $261.18; Laurie & David Vonah, 00707 Lincoln Ave., James B. Hanson, 02736 Elm St., $86.20; $207.44; Jason Ferrel, 00235 Valeria St., $55.47; Lonnie L. Allen, 02565 Front St., $197.65; Jay A. Streinz, 01578 Washington St., Mardi Gras Estates LC, 03058 Lemon St., $118.48; $39.00; Jay C. Close, 00689 W. Locust St., Mark A. & Susan M. Duehr, 02253 St. John $172.58; Dr., $253.64; Jayme V. Hansen, 1970 Lombard St., Mark A. Boland, 00601 Tanzanite Dr., $287.11; $188.13; Jeffrey J. Huseman, 02390 Theda Dr., Mark Krolich, 00743 Louise St., $153.49; $242.09; Marshallese House of Praise, 02155 Jeramy Jackson, 02050 Ogilby Rd., Rockdale Rd., $351.24; $56.12; Mary A. Gross, 00503 Arlington St., Jeremy D, Shireman, 02225 St. Celia St., $55.95; $127.12; Michael J. Schetgen, 03922 Inwood Ave., Jerod F. & Sarah A. Bennett, 00750 Kelly $118.27; th Lane, $144.66; Michelle Scott, 00607 W 8 St., $38.67; Jesse Rans, 02008 Foye St., $86.10; Miller Auto, 00770 Cedar Cross Rd., Jim Prine, 01040 Davis Ave., $115.61; $339.76; Joe Schumacher & Casie Hayes, 02131 Mullett Enterprises LC, 01439 Bluff St., st Jackson St. 1, $90.05; $29.68; Joel H. Jackson, 02925 Muscatine St., Mullett Enterprises LC, 01441 Bluff St., $256.41; $38.36; nd Joel Leach, 02006 Rhomberg Ave. 2, New Century Liquidating Trust, 00475 Va- $80.00; leria St., $371.39; John & Loretta Davis, 00744 Nevada St. Nina K. Nelson, 00520 Lincoln Ave., nd 2, $197.30; $162.33; John C. Shultz, 02635 New Haven St., Owen C. & Susan K. Hess, 00621 Jeffer- $247.89; son St., $135.73; John R. Barbee, 03085 Oak View Ct., Patrick J. Duggan, 02005 Simpson St., $487.61; $312.18; John Walters, 02840 Burlington St., Patrick R. Marsh, 00158 Bluff St., $139.41; thst $115.83; Perry D. Sopina, 00116 W 13 St. 1 Fl., rd Jonathan J. Slaght, 01486 W 3 St., $42.83; thnd $324.17; Perry Sopina, 00116 W 13 St. #2 2 FL, Jonathan Slaght, 03102 Asbury Rd., 63.55; $132.44; Joseph J. & Nichole A. Schmitt, 00830 So. Peter V. Eck, 00760 Tanzanite Dr., $76.17; Grandview Ave., $139.09; Randy Mills, 03055 Brunskill Rd., $62.29; 24 Regular Session, February 1, 2010 Book 140 Randy S. Weber, 00535 S Grandview William Fay, 01285 Rockdale Rd., Ave., $234.36; $300.46; st Raymond M. Fuller, 02900 Central Ave. 1, William Jester, 01610 Loras Blvd., $102.31; $128.01; Richard C. & Kathleen Burdick, 337 TOTAL: $20,992.25 Kaufmann Ave., $1,036.11; Ricky J. Hurst, 03975 Inwood Ave., Stipulation of Settlement – Property Tax $131.72; Appeal: City Attorney recommending approval Roger Richard, 01513 Washington St., of the Stipulation of Settlement for the Hansel $31.52; property tax appeal which relates to a vacant Ron Rudiger, 00590 Angella St., $149.71; lot on Cedar Cross Road and Lake Ridge Ronald C. Steuer, 03478 Kimberly Dr., Drive. Upon motion the documents were re- $85.01; ceived, filed, and approved. Ronald J. & Wanda M. Koenig, 02540 Elm St., $36.80; House File 132 – Annexation of Public nd Ronald L. Houselog, 00716 E 22 St., Land: City Manager providing the Planning $122.12; Services Department staff’s position on pro- Ronald P. Ferraro, 02830 Washington St., posed House File 132 regarding annexation of $91.64; public land. Rory D. & Karmella H. Sellers, 01692 W. Communication to State Legislators en- rd 3 St., $143.31; couraging their opposition to House File 132 th Sandralee M. Scott, 00599 W. 8 St., regarding annexation of public land. $486.50; Upon motion the documents were received thst Scotlyn Properties, 00035 W. 15 St. 1, and filed. $73.79; th Scotlyn Properties, 00037 W. 15 St. Apt National League of Cities: Communication 1, $39.07; to Mayor Roy Buol regarding the next steps for th Scotlyn Properties, 00037 W. 15 St. #4, the National League of Cities Disconnected $11.11; Youth Economic Recovery Technical Assis- th Scotlyn Properties, 00037 W. 15 St. #3, tance. Upon motion the document was re- $11.11; ceived and filed. th Scotlyn Properties, 00037 W. 15 St. #1, $11.11; AmeriCorps VISTA: City Manager recom- Scott A. Brandt, 01878 Carter Ct., $168.78; mending approval of a Memorandum of th Scott A. Runde, 00035 W 15 St. Apt. 1, Agreement with the Iowa Commission on Vo- $119.32; lunteer Services to place a full-time Ameri- th Scott A. Runde, 00035 W 15 St. Apt. 2, Corps VISTA position in the Sustainability of- $66.85; fice from November 2009 through November nd Scott M. Bries, 00735 Kirkwood St. 2, 2010. Upon motion the documents were re- $96.76; ceived, filed, and approved. Sherrie L. Jones, 02790 Andrew Ct., $153.87; Liquor License Applications: City Manager So. Fourth Pacific Rim Finance, 02225 recommending approval of annual liquor li- Kerper Blvd., $755.33; cense renewals as submitted. Upon motion the Staffordshire Estates LC, 02416 STAF-documents were received and filed and Reso- nd FORD St. 2, $115.28; lution No. 26-10 Granting the issuance of a Steve A. Sarazin, 01315 Finley St., $48.11; Class “C” Beer Permit to Hartig Drug #8, Awn Steven R. Runde, 03565 Key Corners, Stop Mart, Big 10 Mart and Puff n Snuff; and $140.64; Resolution No. 27-10 Granting the issuance of Tammy S Tittle, 00921 Garfield Ave., a Class “C” Beer/Liquor License to Northside $150.77; Bar, Bootleggers Pub, The Clubhouse, Town Terry M. Kane, 02765 Andrew Ct., $56.47; Clock Inn and Dubuque Mining Company; a Theresa M. Sawvell, 05300 Olde Highway Special Class “C” Liquor License to Pusateri’s; Rd., $249.55; a Class “E” Liquor License to Puff n Snuff; a Thomas J. & Martha J. Blake, 02214 Jack-Class “B” Wine Permit to Hartig Drug #8 and nd son St. 2, $152.59; Puff n Snuff; and a Class “B” (WBN) Native Timothy K. Manning, 01552 Locust St., Wine Permit to Cedar Cross Amoco and Big $87.56; 10 Mart were adopted. Touche LC, 02216 Delmonaco Dr., RESOLUTION NO. 26-10 $103.37; Wendy T. & David A. Miller, 82 Collins St., Whereas, applications for Beer Permits $143.54; have been submitted and filed to this Council Book 140 Regular Session, February 1, 2010 25 for approval and the same have been ex-Molo Oil Company, Puff n Snuff, 1101 amined and approved: and Rhomberg Ave. Whereas, the premises to be occupied by CLASS “B” (WBN) NATIVE WINE such applicants were inspected and found to L B Metcalf, Inc, Cedar Cross AMOCO, comply with the Ordinances of the City and 1200 Cedar Cross Road have filed proper bonds. Molo Oil Company, Big 10 Mart, 2100 JFK NOW, THEREFORE, BE IT RESOLVED Road st BY THE CITY COUNCIL OF THE CITY OF Passed, approved and adopted this 1 day DUBUQUE, IOWA: of February, 2010 That the Manager be authorized to cause Roy D. Buol, Mayor to be issued the following named applicants a Attest: Jeanne F. Schneider, CMC, City Clerk Beer Permit. ITEM TO BE SET FOR PUBLIC HEARING CLASS “C” BEER PERMIT Hartig Drug Company, Hartig Drug # 8 +(Sunday Sale), 1600 University Ave. Motion by Lynch to receive and file the Awn Stop Mart, Inc., Awn Stop Mart documents, approve the Revenue Purpose +(Sunday Sale), 1998 Jackson Street Statements, adopt the resolutions, set the pub- Molo Oil Company, Big 10 Mart +(Sunday lic hearings as indicated, and direct the City Sale), 2100 JFK Road Clerk to publish notice as prescribed by law. Molo Oil Company, Puff n Snuff +(Sunday Seconded by Voetberg. Motion carried 7-0. Sale), 1101 Rhomberg Ave. Passed, approved and adopted this 1st Electric and Gas Franchise Fee Revenue: day of February, 2010. City Manager recommending adoption of reso- Roy D. Buol, Mayor lutions approving the Revenue Purpose Attest: Jeanne F. Schneider, CMC, City Clerk Statements for the use or expenditure of elec- tric and gas franchise fee revenues from the RESOLUTION NO. 27-10 sale of electricity and gas by Alliant Energy, Whereas, applications for Liquor Licenses Black Hills Energy Corporation and Maquoketa have been submitted to this Council for ap-Valley Electric Cooperative within the City of proval and the same have been examined and Dubuque and recommending adoption of reso- approved; and lutions setting a public hearing for February Whereas, the premises to be occupied by 15, 2010 to consider ordinances increasing the such applicants were inspected and found to franchise fee under the City’s Electric and Gas comply with the State Laws and all City Ordin-Franchises with Alliant Energy, Black Hills ances relevant thereto and they have filed Energy and Maquoketa Valley Electric Coop- proper bonds. erative from two percent to three percent. NOW, THEREFORE, BE IT RESOLVED Upon motion the documents were received BY THE CITY COUNCIL OF THE CITY OF and filed and Resolution No. 28-10 Approving DUBUQUE, IOWA: a Revenue Purpose Statement for the use or That the Manager be authorized to cause expenditure of electric and gas franchise fee to be issued the following named applicants a revenues from the sale of electricity by Alliant Liquor License. Energy within the City of Dubuque; Resolution CLASS “C” BEER/LIQUOR LICENSE No. 29-10 Approving a Revenue Purpose The Northside Bar, LLC, Northside Bar Statement for the use or expenditure of gas +(Sunday Sale), 2776 Jackson Street franchise fee revenues from the sale of gas by Bootleggers Pub, Bootleggers Pub Black Hills Energy Corporation within the City +(Sunday/Outdoor Sale), 1689 Elm Street of Dubuque; Resolution No. 30-10 Approving a Melvin Spiegelhalter, The Clubhouse, 2364 Revenue Purpose Statement for the use or Washington Street expenditure of electric franchise fee revenues Town Clock Inn, Inc., Town Clock Inn from the sale of electricity by Maquoketa Val- +(Sunday Sale), 799 Town Clock ley Electric Cooperative within the City of Du- The Apartments, Inc., Dubuque Mining Co. buque; Resolution No. 31-10 Setting a public +(Sunday Sale), 555 JFK Road hearing on a proposed ordinance increasing SPECIAL CLASS “C” LIQUOR the franchise fee under the City’s Electric Pusateri’s Enterprises, Inc, Pusateri’s Franchise with Alliant Energy from 2% to 3% +(Sunday Sale), 2400 Central Ave. on the sale of electricity within the City of Du- CLASS “E” LIQUOR buque; Resolution No. 32-10 Setting a public Molo Oil Company, Puff n Snuff, 1101 hearing on a proposed ordinance increasing Rhomberg Ave. the franchise fee under the City’s Gas Fran- CLASS “B” WINE chise with Black Hills Energy from 2% to 3% Hartig Drug Company, Hartig Drug # 8, on the sale of gas within the City of Dubuque; 1600 University Ave. and Resolution No. 33-10 Setting a public hearing on a proposed ordinance increasing 26 Regular Session, February 1, 2010 Book 140 RESOLUTION NO. 29-10 the franchise fee under the City’s Electric APPROVING A REVENUE PURPOSE STA- Franchise with Maquoketa Valley Electric Co- TEMENT FOR THE USE OR EXPENDITURE operative from 2% to 3% on the sale of elec- OF GAS FRANCHISE FEE REVENUES tricity within the City of Dubuque were adopted FROM THE SALE OF GAS BY BLACK setting a public hearing for a meeting to com- HILLS ENERGY CORPORATION WITHIN mence at 6:30 p.m. on February 15, 2010 in THE CITY OF DUBUQUE the Historic Federal Building. Whereas, City of Dubuque Ordinance No. RESOLUTION NO. 28-10 43-93 (City of Dubuque Code of Ordinances APPROVING A REVENUE PURPOSE STA- Appendix C), adopted by the City Council on th TEMENT FOR THE USE OR EXPENDITURE the 19 day of July, 1993, granted to Peoples OF ELECTRIC FRANCHISE FEE REVENUES Natural Gas Company, its successors and FROM THE SALE OF ELECTRICITY BY AL- assigns (hereinafter referred to collectively as LIANT ENERGY WITHIN THE CITY OF DU- the Company), nonexclusive authority for a BUQUE period of twenty-five (25) years to maintain Whereas, City of Dubuque Ordinance No. and operate its gas distribution system within 58-93, adopted by the City Council on the 4th the limits of the city of Dubuque; and day of October 1993, granted to Interstate Whereas, Black Hills Energy Corporation is Power Company, its successors and assigns the successor to Peoples Natural Gas Com- (hereinafter referred to collectively as the pany; and Company), nonexclusive authority for a period Whereas, Ordinance No. 43-93 provides of twenty-five (25) years to maintain and oper-that the City Council may impose a franchise ate its electrical system within the limits of the fee not to exceed three (3) percent of the city of Dubuque; and gross revenue of the Company generated from Whereas, Alliant Energy is the successor the sale of natural and mixed gas within the to Interstate Power Company; and city of Dubuque; and Whereas, Ordinance No. 58-93 provides Whereas, Ordinance No. 59-03 imposed a that the City Council may impose a franchise franchise fee equal to two percent (2%) of the fee not to exceed three percent (3%) of the gross revenue of the Company generated from gross revenue of the Company generated from the sale of natural and mixed gas within the the sale of electricity within the city of Dubu-city of Dubuque; and que; and Whereas, the City Council has determined Whereas, Ordinance No. 58-03 imposed a that it is in the best interests of the City of Du- franchise fee equal to two percent (2%) of the buque to increase the franchise fee to three gross revenue of the Company generated from percent (3%). the sale of electricity within the city of Dubuque Whereas, Iowa law requires the City Coun- Whereas, the City Council has determined cil to prepare a revenue purpose statement that it s in the best interests of the City of Du-before increasing the percentage rate at which buque to increase the franchise fee to three franchise fees are assessed. percent (3%). NOW, THEREFORE, BE IT RESOLVED Whereas, Iowa law requires the City Coun-BY CITY COUNCIL OF THE CITY OF DUBU- cil to prepare a revenue purpose statement QUE, IOWA: before increasing the percentage rate at which Pursuant to the provisions of Iowa Code franchise fees are assessed. Section 364.2(4)(f), the City Council hereby NOW, THEREFORE, BE IT ORDAINED establishes the following purposes for which BY THE CITY COUNCIL OF THE CITY OF franchise fee revenues from its gas franchise DUBUQUE, IOWA: with Black Hills Energy may be used or ex- Pursuant to the provisions of Iowa Code pended: Section 364.2(4)(f), the City Council hereby Property tax relief. The City will use establishes the following purposes for which 100% of the revenue collected from franchise fee revenues from its electric fran-the 1% increase in the gas franchise chise with Alliant Energy may be used or ex-fee for property tax relief. st pended: Passed, approved and adopted the 1day Property tax relief. The City will use of February, 2010. 100% of the revenue collected from Roy D. Buol, Mayor the 1% increase in the gas franchise Attest: Jeanne F. Schneider, CMC, City Clerk fee for property tax relief. st RESOLUTION NO. 30-10 Passed, approved and adopted the 1 day APPROVING A REVENUE PURPOSE STA- of February, 2010. TEMENT FOR THE USE OR EXPENDITURE Roy D. Buol, Mayor OF ELECTRIC FRANCHISE FEE REVENUES Attest: Jeanne F. Schneider, CMC, City Clerk FROM THE SALE OF ELECTRICITY BY Book 140 Regular Session, February 1, 2010 27 MAQUOKETA VALLEY ELECTRIC COOP- ate its electrical system within the limits of the ERATIVE WITHIN THE CITY OF DUBUQUE City of Dubuque; and Whereas, City of Dubuque Ordinance No. Whereas, Alliant Energy is the successor th 20-04, adopted by the City Council on the 5 to Interstate Power Company; and day of April, 2004, granted to Maquoketa Val-Whereas, Ordinance No. 58-93 provides ley Electric Cooperative, its successors and that the City Council may impose a franchise assigns (hereinafter referred to collectively as fee not to exceed three percent (3%) of the the Company), nonexclusive authority through gross revenue of the Company generated from October 3, 2018, to maintain and operate its the sale of electricity within the City of Dubu- electrical system within the limits of the city of que; and Dubuque; and Whereas, Ordinance No. 58-03 imposed a Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the franchise fee equal to two percent (2%) of the gross revenue of the Company generated from gross revenue of the Company generated from the sale of electricity within the City of Dubu- the sale of electricity within the city of Dubu-que; and que; and Whereas, the City Council has approved a Whereas, Ordinance No. 20-04 provided Revenue Purpose Statement as required by further that the City Council reserved the right law; and to increase or decrease the amount of such Whereas, the City Council has determined franchise fee as it determined to be in the pub-that a public hearing should be set to deter- lic interest; and mine whether it is in the best interests of the Whereas, the City Council has determined City of Dubuque to increase the franchise fee that it is in the best interests of the City of Du-to three percent (3%). buque to increase the franchise fee to three NOW THEREFORE, BE IT RESOLVED percent (3%); and BY THE CITY COUNCIL OF THE CITY OF Whereas, Iowa law requires the City Coun-DUBUQUE, IOWA: cil to prepare a revenue purpose statement Section 1. That the City Council shall con- before increasing the percentage rate at which duct a public hearing on the proposed 1% in- franchise fees are assessed. NOW, THERE-crease in the electric franchise fee in the City FORE, BE IT RESOLVED BY CITY COUNCIL Council Chambers at the Historic Federal OF THE CITY OF DUBUQUE, IOWA: Building, 350 West 6th Street, Dubuque, Iowa, Pursuant to the provisions of Iowa Code on Monday, February 15, 2010, beginning at Section 364.2(4)(f), the City Council of the City 6:30 p.m. of Dubuque hereby establishes the following Section 2. That the City Clerk be and is he- purposes for which the franchise fee revenues reby authorized and directed to publish notice from its electric franchise with Maquoketa Val-of the public hearing, according to law, togeth- ley Electric Cooperative may be used or ex-er with the required franchise fee revenue pur- pended: pose statement. Property tax relief. The City will use Passed, approved and adopted this 1st 100% of the revenue collected from day of February, 2010. the 1% increase in the gas franchise Roy D. Buol, Mayor fee for property tax relief. Attest: Jeanne F. Schneider, CMC, City Clerk st Passed, approved and adopted the 1 day RESOLUTION NO. 32-10 of February, 2010. SETTING A PUBLIC HEARING ON A PRO- Roy D. Buol, Mayor POSED ORDINANCE INCREASING THE Attest: Jeanne F. Schneider, CMC, City Clerk FRANCHISE FEE UNDER THE CITY’S GAS RESOLUTION NO. 31-10 FRANCHISE WITH BLACK HILLS ENERGY SETTING A PUBLIC HEARING ON A PRO-CORPORATION FROM 2% TO 3% ON THE POSED ORDINANCE INCREASING THE SALE OF GAS WITHIN THE CITY OF DU- FRANCHISE FEE UNDER THE CITY’S BUQUE ELECTRIC FRANCHISE WITH ALLIANT Whereas, City of Dubuque Ordinance No. ENERGY FROM 2% TO 3% ON THE SALE 43-93 (City of Dubuque Code of Ordinances OF ELECTRICITY WITHIN THE CITY OF Appendix C), adopted by the City Council on DUBUQUE the 19th day of July, 1993, granted to Peoples Whereas, City of Dubuque Ordinance No. Natural Gas Company, its successors and 58-93, adopted by the City Council on the 4th assigns (hereinafter referred to collectively as day of October 1993, granted to Interstate the Company), nonexclusive authority for a Power Company, its successors and assigns period of twenty-five (25) years to maintain (hereinafter referred to collectively as the and operate its gas distribution system within Company), nonexclusive authority for a period the limits of the City of Dubuque; and of twenty-five (25) years to maintain and oper- 28 Regular Session, February 1, 2010 Book 140 Whereas, Black Hills Energy Corporation is the sale of electricity within the City of Dubu- the successor to Peoples Natural Gas Com-que; and pany; and Whereas, Ordinance No. 20-04 provided Whereas, Ordinance No. 43-93 provides further that the City Council reserved the right that the City Council may, impose a franchise to increase or decrease the amount of such fee not to exceed three (3) percent of the franchise fee as it determined to be in the pub- gross revenue of the Company generated from lic interest; and the sale of natural and mixed gas within the Whereas, the City Council has approved a City of Dubuque; and Revenue Purpose Statement as required by Whereas, Ordinance No. 59-03 imposed a law; and franchise fee equal to two percent (2%) of the Whereas, the City Council has determined gross revenue of the Company generated from that a public hearing should be set to deter- the sale of natural and mixed gas within the mine whether it is in the best interests of the City of Dubuque; and City of Dubuque to increase the franchise fee Whereas, the City Council has approved a to three percent (3%). Revenue Purpose Statement as required by NOW THEREFORE, BE IT RESOLVED law; and BY THE CITY COUNCIL OF THE CITY OF Whereas, the City Council has determined DUBUQUE, IOWA: that a public hearing should be set to deter-Section 1. That the City Council shall con- mine whether it is in the best interests of the duct a public hearing on the proposed 1% in- City of Dubuque to increase the franchise fee crease in the electric franchise fee in the City to three percent (3%). Council Chambers at the Historic Federal NOW THEREFORE, BE IT RESOLVED Building, 350 West 6th Street, Dubuque, Iowa, BY THE CITY COUNCIL OF THE CITY OF on Monday, February 15, 2010, beginning at DUBUQUE, IOWA: 6:30 p.m. Section 1. That the City Council shall con-Section 2. That the City Clerk be and is he- duct a public hearing on the proposed 1% in-reby authorized and directed to publish notice crease in the gas franchise fee in the City of the public hearing, according to law, togeth- Council Chambers at the Historic Federal er with the required franchise fee revenue pur- Building, 350 West 6th Street, Dubuque, Iowa, pose statement. on Monday, February 15, 2010, beginning at Passed, approved and adopted this 1st 6:30 p.m. day of February, 2010. Section 2. That the City Clerk be and is he-Roy D. Buol, Mayor reby authorized and directed to publish notice Attest: Jeanne F. Schneider, CMC, City Clerk of the public hearing, according to law, togeth- BOARDS/COMMISSIONS er with the required franchise fee revenue pur- pose statement. st Passed, approved and adopted this 1 day Applicants were invited to address the City of February, 2010. Council regarding their desire to serve on the Roy D. Buol, Mayor following Boards/Commissions: Community Attest: Jeanne F. Schneider, CMC, City Clerk Development Advisory Commission. Two 3- year terms through February 15, 2013 RESOLUTION NO. 33-10 (Low/Moderate Income Term of Caldwell and SETTING A PUBLIC HEARING ON A PRO- At-Large Term of Maloy). Applicants: Theresa POSED ORDINANCE INCREASING THE Caldwell, 1633 Elm Street – Low/Moderate FRANCHISE FEE UNDER THE CITY’S Income Area; Paula Maloy, SVM, 2950 Kauf- ELECTRIC FRANCHISE WITH MAQUOKETA mann Avenue – At-Large. VALLEY ELECTRIC COOPERATIVE FROM Appointments to the following 2% TO 3% ON THE SALE OF ELECTRICITY Boards/Commissions: Long Range Planning WITHIN THE CITY OF DUBUQUE Advisory Commission. One 3-year term Whereas, City of Dubuque Ordinance No. through July 1, 2012 (Term of Stein). Appli- th 20-04, adopted by the City Council on the 5 cants: Bryan Clark, 455 Moore Heights; Lou day of April, 2004, granted to Maquoketa Val-Oswald, 1080 Nowata Street; John Pregler, ley Electric Cooperative, its successors and 1525 Pego Court. Upon roll-call vote, John assigns (hereinafter referred to collectively as Pregler was appointed to the Long Range the Company), nonexclusive authority through Planning Advisory Commission for a 3-year October 3, 2018, to maintain and operate its term through July 2, 2012. electrical system within the limits of the City of PUBLIC HEARINGS Dubuque; and Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the Upon motion the rules were suspended al- gross revenue of the Company generated from lowing anyone present to address the City Council. Book 140 Regular Session, February 1, 2010 29 Text Amendment – C-5 Central Business District in lieu thereof, pertaining to the addi- th District Sign Regulations: Proof of publication tion of freestanding identification signs from 4 th on notice of public hearing to consider a text to 5 Streets along the east side of Main amendment to the Unified Development Code Street, as shown in Exhibit A. regarding the addition of freestanding identifi-Section 2. The foregoing amendment thth cation signs from 4 Street to 5 Street along has heretofore been reviewed by the Zoning either side of Main Street as requested by Advisory Commission of the City of Dubuque, Norm Granback, Holiday Inn Dubuque, and Iowa. Zoning Advisory Commission recommending Section 3. This ordinance shall take ef- approval. Motion by Lynch to receive and file fect immediately upon publication, as provided the documents and that the requirement that a by law. st proposed ordinance be considered and voted Passed, approved and adopted this 1 day of on for passage at two Council meetings prior February, 2010. to the meeting at which it is to be passed be /s/Roy D. Buol, Mayor suspended. Seconded by Braig. Motion carried Attest: Jeanne F. Schneider, CMC, City Clerk 7-0. Norm Granback, 4777 Camelot Drive and Published officially in the Telegraph Herald th representing the Holiday Inn, spoke in favor of Newspaper the 5 day of February, 2010. the proposed ordinance. Planning Services /s/Jeanne F. Schneider, CMC, City Clerk Manager Laura Carstens provided a staff re- port. Water Revenue Capital Loan Notes: Proof Motion by Braig to amend the proposed of publication on notice of hearing to consider ordinance limiting the request to the east side the issuance of not to exceed $1,000,000 Wa- thth of Main Street between 4 and 5 Streets. ter Revenue Capital Loan Notes and City Seconded by Lynch. Motion carried 7-0. Manager recommending approval. Motion by Motion by Jones for final consideration and Connors to receive and file the documents and passage of Ordinance No. 4-10 (as amended) adopt Resolution No. 34-10 Instituting pro- Amending Title 16 of the City of Dubuque ceedings to take additional action for the au- Code of Ordinances, Unified Development thorization of a Forgivable Loan and Dis- Code, by repealing Section 15-11.10 Schedule bursement Agreement and the issuance of not of Sign Regulations for the C-5 Central Busi-to exceed $1,000,000 Water Revenue Capital ness District and adopting a new Section 15-Loan Notes. Seconded by Voetberg. Motion 11.10 Schedule of Sign Regulations for the C-carried 7-0. 5 Central Business District in lieu thereof, per- RESOLUTION NO. 34-10 taining to the addition of Freestanding Identifi- thth RESOLUTION INSTITUTING PROCEEDINGS cation Signs from 4 to 5 Streets along the TO TAKE ADDITIONAL ACTION FOR THE east side of Main Street. Seconded by Braig. AUTHORIZATION OF A FORGIVABLE Motion carried 7-0. LOAN AND DISBURSEMENT AGREEMENT OFFICIAL PUBLICATION AND THE ISSUANCE OF NOT TO EXCEED ORDINANCE NO. 4-10 $1,000,000 WATER REVENUE CAPITAL AMENDING TITLE 16 OF THE CITY OF DU-LOAN NOTES BUQUE CODE OF ORDINANCES, UNIFIED Whereas, pursuant to notice published as DEVELOPMENT CODE, BY REPEALING required by law, this Council has held a public SECTION 15-11.10 SCHEDULE OF SIGN meeting and hearing upon the proposal to in- REGULATIONS FOR THE C-5 CENTRAL stitute proceedings for the authorization of a BUSINESS DISTRICT AND ADOPTING A Forgivable Loan and Disbursement Agreement NEW SECTION 15-11.10 SCHEDULE OF by and between the City and the Iowa Finance SIGN REGULATIONS FOR THE C-5 CEN- Authority, and the issuance to the Iowa TRAL BUSINESS DISTRICT IN LIEU THE- Finance Authority of not to exceed $1,000,000 REOF, PERTAINING TO THE ADDITION OF Water Revenue Capital Loan Notes to evi- FREESTANDING IDENTIFICATION SIGNS dence the obligations of the City under said THTH FROM 4 TO 5 STREETS ALONG THE Forgivable Loan and Disbursement Agree- EAST SIDE OF MAIN STREET ment, for the purpose of paying costs of acqui- NOW, THEREFORE, BE IT OR-sition, construction, reconstruction, extending, DAINED BY THE CITY COUNCIL OF THE remodeling, improving, repairing and equip- CITY OF DUBUQUE, IOWA: ping all or part of the Municipal Water Utility, Section 1. That Title 16 of the City of including those costs associated with the ac- Dubuque Code of Ordinances, Unified Devel-quisition and installation of a fixed radio net- opment Code, is hereby amended by repealing work water meter system, and has considered Section 15-11.10 Schedule of Sign Regula-the extent of objections received from resi- tions for the C-5 Central Business District and dents or property owners as to said proposal adopting a new Section 15-11.10 Schedule of and, accordingly the following action is now Sign Regulations for the C-5 Central Business 30 Regular Session, February 1, 2010 Book 140 considered to be in the best interests of the ous chemical that should be removed from the City and residents thereof: City’s drinking water system. Motion carried 5- NOW, THEREFORE, BE IT RESOLVED 2 with Lynch and Jones voting nay. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tobacco and Alcohol Compliance – Civil Section 1. That this Council does hereby Penalty Hearing: Assistant City Attorney Cren- institute proceedings and takes additional ac-na Brumwell to conduct a civil penalty hearing tion for the authorization of a Forgivable Loan on the third tobacco compliance violation and and Disbursement Agreement by and between the second alcohol compliance violation by the City and the Iowa Finance Authority, and Road Ranger, 2175 Central Avenue. Motion by the issuance to the Iowa Finance Authority in Connors to receive and file the documents and the manner required by law of not to exceed approve the Settlement Agreements. $1,000,000 Water Revenue Capital Loan Seconded by Voetberg. Assistant City Attorney Notes for the foregoing purpose. Crenna Brumwell informed the City Council a st Passed and approved this 1day of Feb-hearing would not be necessary since settle- ruary, 2010. ment agreements had been signed. Road Roy D. Buol, Mayor Ranger In-House Attorney Katie Mano and Attest: Jeanne F. Schneider, CMC, City Clerk District Manager Keith Kehl described new measures undertaken by Road Ranger to pre- Upon motion the rules were reinstated li-vent future violations. Motion carried 7-0. miting discussion to the City Council. Water Revenue Capital Loan Notes, Series ACTION ITEMS 2010C: City Manager recommending approval of the final proceedings providing for the is- Police Chief Appointment: City Manager suance of $8,676,000 Water Revenue Capital recommending approval of the selection of Loan Notes. Motion by Braig to receive and file Mark Dalsing as the next Chief of Police for the documents and adopt Resolution No. 35- the City of Dubuque. Motion by Jones to re-10 Authorizing and providing for the issuance ceive and file the documents and approve the and securing the payment of $8,676,000 Wa- recommendation. Seconded by Connors. Mo-ter Revenue Capital Loan Notes, Series tion carried 7-0. 2010C by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, Swearing In of Police Chief Mark Dalsing. providing for a method of payment thereof, approving loan and disbursement agreements Greater Dubuque Development Corpora-and other related matters. Seconded by Con- tion: Rick Dickinson, Executive Director – nors. Motion carried 7-0. Greater Dubuque Development Corporation, RESOLUTION NO. 35-10 provided a verbal update on the activities of SERIES RESOLUTION AUTHORIZING AND the Greater Dubuque Development Corpora- PROVIDING FOR THE ISSUANCE AND SE- tion and Dubuque Works. Motion by Connors CURING THE PAYMENT OF $8,676,000 to receive and file the information. Seconded WATER REVENUE CAPITAL LOAN NOTES, by Voetberg. Motion carried 7-0. SERIES 2010C BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS OF CHAP- Request to Address the City Council – TER 384 OF THE CODE OF IOWA, PROVID- Mark J. Gilligan: Request of Mark J. Gilligan, ING FOR A METHOD OF PAYMENT THE- 1575 Earl Drive, to address the City Council REOF, APPROVING LOAN AND DISBUR- regarding the accumulation of ice on the cor- SEMENT AGREEMENTS, AND OTHER RE- ner of Earl Drive and Pennsylvania Avenue. LATED MATTERS Mr. Gilligan withdrew his request prior to the meeting after speaking to the City Engineer WHEREAS, the City Council of the City of and resolving the issue. Dubuque, Iowa (the "City") has heretofore es- tablished charges, rates and rentals for servic- Request to Address the City Council – es which are and will continue to be collected Sandy Amberg: Request of Sandy Amberg, 80 as system revenues of the Municipal Water Croydon Crest, to address the City Council Utility System, and said revenues have not regarding expense, safety and sustainability of been pledged and are available for the pay- adding fluoride to City water. ment of sewer revenue bonds or notes, subject Response to Ms. Amberg’s concerns re-to the following premises; and garding the City’s water supply having fluoride. WHEREAS, by Resolution No. 379-08 Motion by Lynch to receive and file the passed and approved on October 20, 2008 documents. Seconded by Braig. Ms. Amberg (the "Master Resolution"), the City Council addressed the City Council regarding her be-heretofore has authorized the issuance of lief that fluoride is an expensive and danger-$1,195,000 Water Revenue Capital Loan Book 140 Regular Session, February 1, 2010 31 Notes, Series 2008D, for the purpose of fi-livery of the Series 2010C Bonds to nancing the construction of the Series 2008D the Original Purchaser and the fund- Project described therein, and to pay related ing of the Loan by the Trustee. costs of issuance; and "Loan" shall mean the total prin- WHEREAS, pursuant to the American Re-cipal amount allocated by the Original covery and Reinvestment Act of 2009 ("AR-Purchaser to the City under the Pro- RA"), and in accordance with the terms of the gram, equal in amount to the aggre- Forgivable Loan and Disbursement Agree-gate principal amount of the Series ment, the Iowa Finance Authority has authority 2010C Bonds. to make and desires to make a forgivable loan "Master Resolution" means the to the City in the amount of $229,000, from City Council Resolution No. 379-08, funds available to the Iowa Finance Authority passed and approved on October 20, under the ARRA, for the purpose of assisting 2008, entitled "Master Resolution re- in financing a portion of the Project (defined lating to the issuance of Water Reve- herein); and nue Bonds by the City of Dubuque, WHEREAS, separate notices of the inten-Iowa under the provisions of Chapter tion of the City Council to take action for the 384 of the Code of Iowa, authorizing issuance of not to exceed $8,000,000 Water and providing for the issuance and Revenue Capital Loan Notes and $1,000,000 securing the payment of $1,195,000 Water Revenue Capital Loan Notes have here-Water Revenue Bonds, Series tofore been duly published and no objections 2008D, providing for a method of to such proposed action have been filed; and payment thereof, funding a Debt Ser- WHEREAS, Section 8.3 of the Master vice Reserve Fund, and related mat- Resolution authorizes the issuance of addi-ters," as the same may be amended tional Senior Bonds, including Senior SRF from time to time. Bonds, by the City from time to time, if all of "Original Purchaser" means the the conditions set forth therein are satisfied; Iowa Finance Authority, as the pur- and chaser of the Series 2010C Bonds WHEREAS, the Council has determined to from the City at the time of their origi- issue additional Senior SRF Bonds, and has nal issuance. determined that, upon passage of this Series "Program" shall mean the Iowa Resolution and receipt of the reports described Drinking Water Works Financing Pro- in Section 8.3 of the Master Resolution, all of gram administered by the Original the requirements of Article VIII of the Master Purchaser. Resolution with respect to the issuance of ad-"Series 2010C Bonds" means the ditional Senior SRF Bonds will have been sa-$8,676,000 Water Revenue Capital tisfied. Loan Notes, Series 2010C, dated the NOW, THEREFORE, BE IT RESOLVED date of delivery, authorized to be is- BY THE CITY COUNCIL OF THE CITY OF sued pursuant to this Series Resolu- DUBUQUE, IN THE COUNTY OF DUBUQUE, tion. STATE OF IOWA:"Series 2010C Costs of Issuance ARTICLE I Account" means the account by that DEFINITIONS name within the Project Fund estab- Section 1.1. Definitions. Except as other-lished in Section 5.1 of the Master wise provided below in this Article I, all words Resolution. and terms defined in Article I of the Master "Series 2010C Projects" shall Resolution shall have the same meanings in mean the Projects being financed this Series Resolution as such defined words with the proceeds of the Series and terms are given in Article I of the Master 2010C Bonds, consisting of those Resolution. In addition, the following terms costs associated with the acquisition shall have the following meanings in this Se-and installation of a fixed radio net- ries Resolution unless the text expressly or by work water meter system , as de- necessary implication requires otherwise: scribed generally in the Agreements "Agreements" shall mean Loan and more particularly in the plans and and Disbursement Agreements dated specifications on file from time to time as of the Closing between the City with the City Clerk. and the Original Purchaser relating to "Series 2010C Projects Account" the Loan made to the City under the means the account by that name Program. within the Project Fund established in "City" or "Issuer" shall mean the Section 5.1 of the Master Resolution. City of Dubuque, Iowa. "Series 2010C Rebate Account" "Closing" shall mean the date of means the account by that name execution of the Agreements and de-within the Rebate Fund established in 32 Regular Session, February 1, 2010 Book 140 Section 6.10 of the Master Resolu-automated clearing house system transfer to tion. the registered owner of the Bond. "Series Resolution" means this The Series 2010C Bonds shall be dated Resolution of the Council. the date of delivery, and bear interest at the "Tax Exemption Certificate" rate of 3.0% per annum from the date of each means the Tax Exemption Certificate advancement made under the Agreements, executed by the Treasurer and deli-until payment thereof, at the office of the Pay- vered at the time of issuance and de-ing Agent, said interest payable on June 1, livery of the Series 2010C Bonds. 2010, and semi-annually thereafter on the 1st "Trustee" shall mean Wells Fargo day of June and December in each year until Bank, National Association, with its maturity as set forth on the debt service sche- principal office located in the City of dules attached to the Agreements as Exhibit A Des Moines, Iowa, and its successors and incorporated herein by this reference. As and any corporation resulting from or set forth on said debt service schedules, prin- surviving any consolidation or merger cipal shall be payable on June 1, 2012 and to which it or its successors may be a annually thereafter on the 1st day of June in party and any successor trustee un-the amounts set forth therein until principal and der the Program. interest are fully paid, except that the final in- ARTICLE II stallment of the entire balance of principal and THE SERIES 2010C BONDS interest, if not sooner paid, shall become due Section 2.1. Series 2010C Bonds - Autho-and payable on June 1, 2031. Notwithstanding rization and Purpose. Pursuant to the provi-the foregoing or any other provision hereof, sions of the Master Resolution and in particu-principal and interest shall be payable as lar Section 8.3 thereof, there are hereby autho-shown on said debt service schedules until rized to be issued, negotiable, serial, fully reg-completion of the Series 2010C Project, at istered Water Revenue Capital Loan Notes, which time the final debt service schedules Series 2010C, in the aggregate principal shall be determined by the Trustee based amount of $8,676,000, dated the date of deli-upon actual advancements, final costs and very, for the purpose of constructing the Series completion of the Series 2010C Project, all as 2010C Projects and paying Project Costs relat-provided in the administrative rules governing ing thereto, and to pay related Costs of Is-the Program. Payment of principal and interest suance. The Series 2010C Bonds shall be on the Series 2010C Bonds shall at all times issued as Senior SRF Bonds under the terms conform to said debt service sand the rules of of the Master Resolution, shall be designated the Program. "CITY OF DUBUQUE, IOWA, WATER REVE-In addition to the payment of principal of NUE CAPITAL LOAN NOTES, SERIES and interest on the Series 2010C Bonds, the 2010C", and bear interest from the date he-City also agrees to pay the Initiation Fee and reof, until payment thereof, at the office of the the Servicing Fee as defined and in accor- Paying Agent, said interest payable on June 1, dance with the terms of the Agreements. 2010 and semiannually thereafter on the 1st Section 2.2. Issuance of Series 2010C day of June and December in each year until Bonds in Certificated Form. The Series 2010C maturity at the rate hereinafter provided. The Bonds shall be issued as Bonds in Authorized Council, pursuant to Sections 384.24A and Denominations and may, at the request of the 384.82 of the Code of Iowa, hereby finds and Original Purchaser, be issued in the denomi- determines that it is necessary and advisable nation of $1,000 or multiples thereof and as to issue said Series 2010C Bonds authorized two single Series 2010C Bonds in the amounts by the Agreements and this Series Resolution. of $7,676,000 (Bond No. R-1) and $1,000,000 The Series 2010C Bonds and the Regi-(Bond No. R-2), and shall be registered in the strar’s Certificate of Authentication shall be in name of the Original Purchaser. substantially the form set forth in Exhibit A Section 2.3. Appointment of Registrar. The attached hereto, with such variations, omis-Treasurer is hereby appointed as Registrar for sions, substitutions and insertions as are re-the Series 2010C Bonds under the terms of quired or permitted by this Series Resolution. this Series Resolution. The Series 2010C Bonds shall be ex-Section 2.4. Execution, Authentication and ecuted by the manual or facsimile signature of Delivery of the Series 2010C Bonds. Upon the the Mayor and attested by the manual or fac-adoption of this Resolution, the Mayor and City simile signature of the City Clerk of the Coun-Clerk shall execute and deliver the Series cil, and shall be fully registered as to both prin-2010C Bonds to the Registrar, who shall au- cipal and interest as provided in this Series thenticate the same and deliver the same to or Resolution; principal, interest and premium, if upon order of the Original Purchaser. No such any shall be payable at the office of the Paying Series 2010C Bond shall be valid or obligatory Agent by mailing of a check, wire transfer or for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall Book 140 Regular Session, February 1, 2010 33 duly endorse and execute on such Series ries 2010C Costs of Issuance Ac- 2010C Bond a Certificate of Authentication count. substantially in the form of the Certificate here-(ii) The balance of proceeds shall be de- in set forth. Such Certificate upon any such posited into the Series 2010C Series 2010C Bond executed on behalf of the Projects Account of the Project Fund Issuer shall be conclusive evidence that the and applied thereafter to pay Project Series 2010C Bond so authenticated has been Costs of the Series 2010C Projects. duly issued under this Series Resolution and Section 4.2. No Adjustment to Debt Ser- that the holder thereof is entitled to the bene-vice Reserve Requirement. The Series 2010C fits of this Series Resolution. Bonds shall be issued as Senior SRF Bonds Section 2.5. Forgivable Loan. Notwith-under the Master Resolution, and shall not be standing anything in this Series Resolution to secured by or payable from amounts held in the contrary, with regard to Bond No. R-2, pro-the Debt Service Reserve Fund established in vided that the Issuer proceeds with diligence to the Master Resolution. Upon issuance of the completion of the Series 2010C Project and Series 2010C Bonds, the amount to be accu- complies with all applicable ARRA require-mulated and maintained in the Debt Service ments as fully set forth in section 14 of the Reserve Fund shall not be increased, but shall Forgivable Loan and Disbursement Agreement continue to remain equal to 100% of the Debt (the "Forgivable Loan"), (i) no payments of Service Reserve Requirement computed on a interest, principal, Servicing Fee or Initiation basis which includes all Senior Bonds which Fee shall be due under the Forgivable Loan will be Outstanding immediately after issuance during construction of the Series 2010C of the Series 2010C Bonds and which are not Project and (ii) following completion of the Se-Senior SRF Bonds. ARTICLE V ries 2010C Project and receipt by the Iowa TAX PROVISIONS Finance Authority of a certificate of completion from the Issuer, the Forgivable Loan shall be Section 5.1. Disposition of Bond Proceeds; forgiven, in full, by the Iowa Finance Authority, Arbitrage Not Permitted. The City reasonably and no payments of principal or interest shall expects and covenants that no use will be be due under the Forgivable Loan and Dis-made of the proceeds from the issuance and bursement Agreement. sale of the Series 2010C Bonds issued he- ARTICLE III reunder which will cause any of the Series REDEMPTION OF BONDS 2010C Bonds to be classified as arbitrage Section 3.1. Optional Redemption. The Se-bonds within the meaning of Section 148(a) ries 2010C 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 2010C 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 2010C Projects are damaged or destroyed. City, there are no facts or circumstances that Any optional redemption of the Series 2010C 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 2010C 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 the Series 2010C Bonds). The terms of re-the Tax Exemption Certificate and the provi- demption shall be par, plus accrued interest to sions of the Tax Exemption Certificate are date of call. The Series 2010C Bonds are also hereby incorporated by reference as part of subject to mandatory redemption as set forth this Series Resolution. The Treasurer is here- in Section 5 of the Agreements. by directed to make and insert all calculations ARTICLE IV and determinations necessary to complete the DELIVERY AND APPLICATION OF Tax Exemption Certificate in all respects and PROCEEDS to execute and deliver the Tax Exemption Cer- Section 4.1. Application of Series 2010C tificate at issuance of the Series 2010C Bonds Bond Proceeds. The Series 2010C Bonds to certify as to the reasonable expectations shall be delivered as provided in Sections 6.1 and covenants of the City at that date. and 6.2 and the proceeds thereof shall be ap-The City covenants that it will treat as yield plied as follows: restricted any proceeds of the Series 2010C (i) An amount sufficient to pay the Costs Bonds remaining unexpended after three of Issuance of the Series 2010C years from the issuance and any other funds Bonds shall be deposited into the Se-required by the Tax Exemption Certificate to be so treated. If any investments are held with 34 Regular Session, February 1, 2010 Book 140 respect to the Series 2010C Bonds, the City practicable after the effective date of this Se- shall treat the same for the purpose of re-ries Resolution. stricted yield as held in proportion to the origi-Section 6.2. Approval of Agreements. The nal principal amounts of each issue. Agreements in substantially the form pre- The City covenants that it will exceed any sented at this meeting of the Council are here- investment yield restriction provided in this by authorized and approved, and the Mayor Series Resolution only in the event that it shall and City Clerk are authorized to execute and first obtain an opinion of bond counsel that the deliver the Agreements, with such changes proposed investment action will not cause the therein as such officials deem appropriate, for Series 2010C Bonds to be classified as arbi-and on behalf of the City, such officers' signa- trage bonds under Section 148(a) and (b) of tures thereon being conclusive evidence of the Code. such officials' and the City's approval thereof. The City covenants that it will proceed with Section 6.3. General Authorization. From due diligence to spend the proceeds of the and after the date of adoption of this Series Series 2010C Bonds for the purpose set forth Resolution, the officers, employees and agents in this Series Resolution. The City further co-of the City are hereby authorized to do all such venants that it will make no change in the use acts and things and to execute and deliver any of the proceeds available for the construction and all other documents, agreements, certifi- of facilities or change in the use of any portion cates and instruments relating to the Series of the facilities constructed there from by per-2010C Bonds, the investment of the proceeds sons other than the City or the general public thereof and the other transactions contem- unless it has obtained an opinion of bond plated on the part of the City by this Series counsel or a revenue ruling that the proposed Resolution, including, but not limited to, the project or use will not be of such character as Tax Exemption Certificate referred to in Sec- to cause interest on any of the Series 2010C tion 5.1 hereof. Bonds not to be exempt from federal income Section 6.4. Construction. Except to the taxes in the hands of holders under the provi-extent set forth herein, all of the applicable sions of the Code. terms, conditions and provisions of the Master Section 5.2. Additional Covenants, Repre-Resolution shall be deemed and construed to sentations and Warranties of the City. The City apply to the Series 2010C Bonds and are he- certifies and covenants with the purchasers reby incorporated by reference and made a and holders of the Series 2010C Bonds from part hereof to the same extent as if fully set time to time outstanding that the City through forth herein. Except as may otherwise be pro- its officers, (a) will make such further specific vided herein, the Master Resolution shall re- covenants, representations and assurances as main in full force and effect. may be necessary or advisable; (b) comply Section 6.5. Severability. If any section, pa- with all representations, covenants and assur-ragraph, or provision of this Series Resolution ances contained in the Tax Exemption Certifi-shall be held to be invalid or unenforceable for cate, which Tax Exemption Certificate shall any reason, the invalidity or unenforceability of constitute a part of the contract between the such section, paragraph or provision shall not City and the owners of the Series 2010C affect any of the remaining provisions. Bonds; (c) consult with bond counsel (as de-Section 6.6. Repeal of Conflicting Ordin- fined in the Tax Exemption Certificate); (d) pay ances or Resolutions and Effective Date. All to the United States, as necessary, such sums other ordinances, resolutions and orders, or of money representing required rebates of parts thereof, in conflict with the provisions of excess arbitrage profits relating to the Series this Series Resolution are, to the extent of 2010C Bonds; (e) file such forms, statements such conflict, hereby repealed; and this Series and supporting documents as may be required Resolution shall be in effect from and after its and in a timely manner; and (f) if deemed ne-adoption. st cessary or advisable by its officers, to employ Passed and approved this 1 day of Feb- and pay fiscal agents, financial advisors, attor-ruary, 2010. neys and other persons to assist the City in Roy D. Buol, Mayor such compliance. Attest: Jeanne F. Schneider, CMC, City Clerk ARTICLE VI MISCELLANEOUS PROVISIONS Water and Sewer Billing Units: City Man- Section 6.1. Delivery of Series 2010C ager recommending, as part of the Water Me- Bonds. The City shall deliver the executed ter Change Out Project, to start billing of the Agreements and the Series 2010C Bonds to water and sewer consumption in gallons ver- the Original Purchaser at the price of par on sus the current cubic feet. Motion by Connors the date of Closing. Delivery of the executed to receive and file the documents and that the Agreements and the Series 2010C Bonds shall requirement that a proposed ordinance be be made to the Original Purchaser as soon as considered and voted on for passage at two Council meetings prior to the meeting at which Book 140 Regular Session, February 1, 2010 35 it is to be passed be suspended. Seconded by Rates shall be subject to the following Braig. Motion carried 7-0. minimum monthly charge according to the Motion by Connors for final consideration size of the meter: and passage of Ordinance No. 5-10 Amending Monthly City of Dubuque Code of Ordinances Title 13 Consumption Meter (In Hundreds Monthly Con- Public Utilities, Chapter 1 Water Use and Ser- Size of sumption Minimum vice, Article C Rates, Section 13-1C-1(A) Es- Inches Cubic Feet) (In Gallons) Charge tablishing Water Rates for Residential, Com- 5/8 2 1,496 $4.24 mercial, Industrial and All Other Uses; and 3/4 5 3,740 $10.61 1 8 5,984 $16.97 Ordinance No. 6-10 Amending City of Dubu- 1½ 26 19,448 $55.17 que Code of Ordinances Section 13-2C-3(B) 2 46 34,408 $91.34 Establishing the Schedule of Rates for Resi- 3 106 79,288 $195.16 dential and Commercial Sewer Users by in- 4 168 125,664 $300.22 creasing the rates; and amending Section 13- 6 368 275,264 $621.58 8 625 467,500 $1,011.36 2C-3(C)(7) Establishing the Minimum Service A property owner shall pay a $30.00 Charge by increasing the minimum service disconnect fee for water service that is dis- charge. Seconded by Braig. Motion carried 7-0. connected by city staff (meter not in ser- vice). When a tenant account is subject to OFFICIAL PUBLICATION disconnection due to delinquency, the te- ORDINANCE NO. 5-10 nant shall pay the $30.00 disconnect fee. AMENDING CITY OF DUBUQUE CODE OF A $5.00 minimum monthly charge shall be ORDINANCES TITLE 13 PUBLIC UTILITIES, assessed for meters not in service. CHAPTER 1 WATER USE AND SERVICE, **** ARTICLE C RATES, SECTION 13-1C-1(A) Section 2. This Ordinance shall take effect ESTABLISHING WATER RATES FOR RESI- upon publication. DENTIAL, COMMERCIAL, INDUSTRIAL, st Passed, approved and adopted this 1 day AND ALL OTHER USES of February 2010. NOW, THEREFORE, BE IT ORDAINED /s/Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: DUBUQUE, IOWA: /s/Jeanne F. Schneider, CMC, City Clerk Section 1. Section 13-1C-1(A) of the City of Published officially in the Telegraph Herald Dubuque Code of Ordinances is hereby th Newspaper the 5 day of February, 2010. amended to read as follows: /s/Jeanne F. Schneider, CMC, City Clerk Section 13-1C-1A: Residential, Commer- cial, Industrial and All Other Uses. OFFICIAL PUBLICATION A. Rates Established: The rates to be ORDINANCE NO. 6-10 charged for water for residential, commer- AMENDING CITY OF DUBUQUE CODE OF cial, industrial and all other uses and pur- ORDINANCES SECTION 13-2C-3(B) ES- poses by any person, firm or corporation TABLISHING THE SCHEDULE OF RATES within the city shall be based on units of FOR RESIDENTIAL AND COMMERCIAL one hundred cubic feet (748 gallons) or per SEWER USERS BY INCREASING THE gallon as follows: RATES; AND AMENDING SECTION 13-2C- 3(C)(7) ESTABLISHING THE MINIMUM Monthly Charge per SERVICE CHARGE BY INCREASING THE Consumption Hundred MINIMUM SERVICE CHARGE (in Hundreds of Cubic Feet NOW, THEREFORE, BE IT ORDAINED Cubic Feet) BY THE CITY COUNCIL OF THE CITY OF First 30 $2.12 DUBUQUE, IOWA: Next 120 $1.73 Section 1. Section 13-2C-3(B) of the City of Next 350 $1.61 Dubuque Code of Ordinances is amended to Next 500 $1.42 read as follows: Next 1,000 $1.25 Section 13-2C-3: Rates Established: **** Monthly Charge per B. Schedule of Rates: Consumption Gallon Rates per each one hundred (100) (in Gallons) cubic feet $2.37 First 22,440 0.00283 Rate per each gallon $0.00317 Next 89,760 0.00231 **** Next 261,800 0.00215 Section 2. Section 13-2C-3(C)(7) of the Next 374,000 0.00190 City of Dubuque Code of Ordinances is Next 748,000 0.00167 amended to read as follows: Section 13-2C-3: Rates Established: 36 Regular Session, February 1, 2010 Book 140 **** Trail funding with the Iowa Department of Nat- C. Service Charge: ural Resources for the Dubuque Water Trail. **** Seconded by Braig. Motion carried 7-0. 7. Where the quantity of water con- RESOLUTION NO. 36A-10 sumed is such that the minimum ser- APPROVING AN AGREEMENT FOR IOWA vice is charged, the minimum sewer WATER TRAIL FUNDING WITH THE IOWA service charge, according to the size DEPARTMENT OF NATURAL RESOURCES of the meter, shall be as follows: FOR THE DUBUQUE WATER TRAIL. Meter Minimum Allowance Allowance Whereas, the Iowa Department of Natural Size Charge (cubic (gallons) Resources has awarded the City of Dubuque (inches) feet) an Iowa water trail grant; and 5/8 $ 4.75 200 1,496 Whereas, the City has adopted a Compre- 3/4 $ 11.84 500 3,740 hensive Plan that includes a Recreation Goal 1 or $ 18.96 800 5,984 to optimize the recreational amenities offered larger by the city's riverfront. Section 3. This Ordinance shall take effect NOW THEREFORE, BE IT RESOLVED upon publication. BY THE CITY COUNCIL OF THE CITY OF st Passed, approved and adopted this 1 day DUBUQUE, IOWA: of February 2010. Section 1. The Mayor is authorized to sign /s/Roy D. Buol, Mayor this agreement with the Iowa Department of Attest: Natural Resources for Iowa water trail funding /s/Jeanne F. Schneider, CMC, City Clerk for the Dubuque Water Trail. Published officially in the Telegraph Herald Section 2. That the City Council agrees to th Newspaper the 5 day of February, 2010. abide by all local, state and federal require- /s/Jeanne F. Schneider, CMC, City Clerk ments applicable to the proposed budget. st Passed, approved and adopted this 1 day Transit Management – Request for Pro- of February 2010. posals: City Manager recommending approval Roy D. Buol, Mayor of the Request for Proposals (RFP) for Transit Attest: Jeanne F. Schneider, CMC, City Clerk Management services. Motion by Lynch to receive and file the documents and approve Automated Agenda Management Software: the recommendation. Seconded by Braig. City Manager recommending approval of the Voetberg asked that the last sentence of the selection of Novus Systems to provide auto- first paragraph on Page 5 of the proposal be mated agenda management software. Motion stricken. Motion carried 7-0. by Lynch to receive and file the documents and approve the recommendation. Seconded City of Dubuque Parking Ramp: City Man- by Connors. Motion carried 7-0. ager recommending approval of the proposed design for the parking ramp to be located at Safe Community Task Force Recommen- th 10 Street and Central Avenue. dations: City Manager recommending adoption Historic Preservation Commission recom- of the first set of recommendations from the mending approval of the design of the City of Du- Safe Community Task Force. Motion by Con- th buque Parking Ramp to be located at 10 and nors to receive and file the documents and Central. approve the recommendation. Seconded by Motion by Connors to receive and file the Resnick. Resnick thanked the Task Force for documents and approve the recommendation. its work and stated he liked the recommenda- Seconded by Voetberg. Responding to ques- tions. Mayor Buol requested the Task Force tions from the City Council, Parking System submit an update on their progress for the Supervisor Tim Horsfield stated that the design March 1 meeting. Motion carried 7-0. is driven by budget constraints and requires the approval of the Historic Preservation Energy Efficiency and Conservation Block Commission. Motion carried 6-1 with Resnick Grant (EECBG): City Manager recommending voting nay. approval of the Energy Efficiency and Conser- vation Strategy for the $574,700 EECBG funds Dubuque Water Trail Grant Agreement: the City received as a formula allocation City Manager recommending approval of a through the American Recovery and Rein- grant agreement with the Iowa Department of vestment Act (Stimulus Package). Motion by Natural Resources for $6,000 in Iowa Water Jones to receive and file the documents and Trail funding for the Dubuque Water Trail approve the recommendation. Seconded by Project. Motion by Connors to receive and file Connors. Motion carried 7-0. the documents and adopt Resolution No. 36A- 10 Approving an agreement for Iowa Water Book 140 Regular Session, February 1, 2010 37 Cell Phone Ordinance: City Attorney sub- mitting a proposed cell phone ordinance. The New York Times article “Driven to Dis- traction” submitted by City Council Member David Resnick. Motion by Voetberg to receive and file the documents and to consider the first reading of the proposed ordinance amending City of Du- buque Code of Ordinances Title 9 Motor Ve- hicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Pro- hibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle. Seconded by Jones. Motion carried 7-0. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager submitting the Fiscal Year 2011 Operating Budget and Five Year Capital Improvement Program. Motion by Connors to receive and file the documents. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol thanked the Boy Scout Troop 69 for attending the meeting. Scout Master Tim Cannon added that attendance was re- quired for their Eagle Scout Community Citi- zenship Lynch expressed gratitude on behalf of the City Council to Assistant Police Chief Terry Tobin for his work as Acting Police Chief. Jones wished safe traveling to those Council Members going to Washington DC with the Chamber of Commerce delegation. There being no further business, upon mo- tion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 38 Special Session, February 8, 2010 Book 140 CITY OF DUBUQUE, IOWA tion Officer Randy Gehl, Sustainable Commu- nity Coordinator Cori Burbach, Neighborhood CITY COUNCIL Development Specialist Jerelyn O’Connor, GIS OFFICIAL Coordinator Nikki Breitsprecker, Management PROCEEDINGS Intern Phyllis Russell, Personnel Manager Randy Peck and Training and Workforce De- velopment Coordinator Andre Lessears. Res- The Dubuque City Council met in special ponding to questions from Council Members, session at 6:30 p.m. on February 8, 2010 in Staff stated that in addition to supervisors and the Historic Federal Building. new employees, the Intercultural Competency Training is being extended to the community at Present: Mayor Buol, Council Members large and includes First Transit employees. Braig, Connors, Jones, Lynch, Resnick, Voet- The Geographic Information System (GIS) berg, City Manager Van Milligen activity is very busy, since more departments are relying on this technology. Van Milligen Mayor Buol read the call and stated this is stated that the City Manager’s Office is struc- a special session of the City Council called for tured with several activity areas under one the purpose of discussing various City depart- department creating the perception of addi- mental budgets. tional staff. Other cities may create separate departments from the same activity areas with Fiscal Year 2011 Departmental Budgets the same or more staff. Arts and Cultural Af- were presented by staff from the following City fairs Advisory Commissioner Geri Shafer, departments: Human Rights Department, 1207 Adeline Street, spoke in support of addi- Finance Department, City Attorney’s Office, tional funding for the arts. City Manager’s Office, City Council, and the City Clerk’s Office. City Council had discussion City Council: City Manager Van Milligen with staff following each presentation. reviewed the Fiscal Year 2011 budget for this department. Human Rights: Human Rights Director Kelly Larson reviewed the Fiscal Year 2011 City Clerk: City Clerk Jeanne Schneider budget for this department. Responding to reviewed the Fiscal Year 2011 budget for this questions from Council Members, Larson department. stated she will research the increase in miscel- laneous services. Larson informed Council that There being no further business, upon mo- the case load estimate is based on what is tion the City Council adjourned at 9:25 p.m. currently filed. City Manager Van Milligen stated that the 3.5 percent wage increase is /s/Jeanne F. Schneider, CMC based on collective bargaining multi-year con- City Clerk tracts. Finance Department: Finance Director Ken TeKippe reviewed the Fiscal Year 2011 budget for this department. Responding to questions from Council Members, City Manager Van Milligen stated that he is being judicious with requests for additional staff until the impact of the IBM Smart City partnership on the Finance Department’s work load is better understood. City Attorney’s Office: City Attorney Barry Lindahl reviewed the Fiscal Year 2011 budget for this department. Responding to questions from Council Members, Lindahl and City Man- ager Van Milligen explained that administrative service fees charged to Enterprise Zone funds are charge backs for legal services provided for specific projects. The increase is a projection of service time spent on anticipated projects. City Manager’s Office: The Fiscal Year 2011 budget for this department was reviewed by Assistant City Manager Cindy Steinhauser, Assistant City Manager Teri Goodmann, Budget Director Jenny Larson, Public Informa- Book 140 Special Session, February 10, 2010 39 CITY OF DUBUQUE, IOWA Gardener position is a shared position be- tween the Public Works and Leisure Services CITY COUNCIL Departments, which performs seasonal snow- OFFICIAL plowing or landscaping duties. PROCEEDINGS Engineering: City Engineer Gus Psihoyos presented the Fiscal Year 2011 budget for this The Dubuque City Council met in special department. Braig stated that it is important to session at 6:30 p.m. on February 10, 2010 in take advantage of training and conference the Historic Federal Building. opportunities if funds become available. Res- ponding to questions from City Council, Assis- Present: Mayor Buol, Council Members tant City Engineer Bob Schiesl itemized the Braig, Connors, Jones, Lynch, Resnick, Voet- costs related to the Brunskill Road bridge re- berg, City Manager Van Milligen placement. Psihoyos stated that the pedestrian overpass at the Northwest Arterial and Penn- Mayor Buol read the call and stated this is sylvania Avenue is still being looked at but a special session of the City Council called for seems to be cost prohibitive. Civil Engineer the purpose of discussing various City depart- Deron Muehring explained that the buildings mental budgets. affected by the Bee Branch Creek Restoration Project are intended to be relocated or decon- Fiscal Year 2011 Departmental Budgets structed by the bidders. were presented by staff from the following City departments: Water Department, Water Pollu- There being no further business, upon mo- tion Control Plant, Public Works, and Engi- tion the City Council adjourned at 9:07 p.m. neering. City Council had discussion with staff following each presentation. /s/Jeanne F. Schneider, CMC City Clerk Water Department: Water Department Manager Bob Green presented the Fiscal Year 2011 budget for this department. Responding to questions from City Council, Green stated that hydroelectric power has been considered, addressed the issue of chemical additives reaching the river, and explained that the in- crease in Miscellaneous Service expenses was due to an under estimate in FY 2010. Water Pollution Control Plant: WPC Plant Manager Jonathon Brown presented the Fiscal Year 2011 budget for this department. Res- ponding to questions from City Council, Brown stated that the majority of the Miscellaneous Services expense is related to the cost of de- positing the ash generated by the plant in the landfill. Van Milligen clarified that the City is self-insured with Health Choices as the admin- istrator and budgetary increases are related to the rising costs of health care. Brown stated that the old incinerators will go off-line approx- imately two years after construction begins on the new anabolic digesters, and a location for disposing of bio-solids will be determined dur- ing that time. Public Works: Public Works Director Don Vogt presented the Fiscal Year 2011 budget for this department. Responding to questions from City Council, Vogt stated that the herbi- cide used for weed control along the flood walls is approved by the IDNR and is not used near the water line. Vogt also explained that the majority of the Miscellaneous expense is related to the cost of salt and asphalt, and the Book 140 Special Session, February 11, 2010 40 CITY OF DUBUQUE, IOWA lroom with a more durable fabric and a wall mounting to make future replacement easier. CITY COUNCIL Regular exterior and interior facility inspections OFFICIAL are performed, and a private vendor maintains PROCEEDINGS the interior plants. Recreation Division: Acting Leisure Servic- The Dubuque City Council met in special es Manager Pat Prevenas presented the Fis- session at 6:30 p.m. on February 11, 2010 in cal Year 2011 budget for this department. the Historic Federal Building. Responding to questions from City Council, Van Milligen stated he would reinstate Im- Present: Mayor Buol, Council Members provement Package #4 - Children’s Wellness Braig, Connors, Jones, Lynch, Resnick, Voet- Kit for After School Programs. Prevenas stated berg, City Manager Van Milligen that pool attendance was down due to the colder weather last season, but utility and staff Mayor Buol read the call and stated this is expenses must remain steady regardless of a special session of the City Council called for the actual number of attendees. Van Millgen the purpose of discussing various City depart- recognized the director of the Multicultural mental budgets. Family Center, Tara Velez, for her good work at the Center. Fiscal Year 2011 Departmental Budgets were presented by staff from the following City Parks Division: Parks Director Bob Fritsch departments: Cable TV Division, Information presented the Fiscal Year 2011 budget for this Services, Five Flags Center, Conference Cen- department. Connors stated that the renova- ter, Recreation Division, and Parks Division. tion of Burden Park has been well received. City Council had discussion with staff following Park and Recreation Advisory Commissioner each presentation. Karen Lyness stated that it was the recom- mendation of the Commission to suspend user Cable TV Division: Cable TV Coordinator fees for the Grandview Avenue Pet Park until a Craig Nowack presented the Fiscal Year 2011 second location for pet owners could be of- budget for this department. Responding to fered. Council Members Braig, Connors, and questions from City Council, Van Milligen and Resnick agreed with Ms. Lyness. Van Milligen Nowack stated that recent issues with the local stated that suspending the fees would create a cable franchise agreement do not necessarily loss of revenue, which would cause cuts from threaten the revenue stream that could possi- elsewhere in the budget or a possible property bly fund an additional staff person, but that tax increase. less funding because of the state franchise law is more likely. There being no further business, upon mo- tion the City Council adjourned at 8:05 p.m. Information Services: Information Services Manager Chris Kohlmann presented the Fiscal /s/Kevin S. Firnstahl Year 2011 budget for this department. Res- Assistant City Clerk ponding to questions from City Council, Kohl- mann stated Ricoh is the brand of machines chosen for the multi-function copier/printer project, and Internet reader cards are available for check-out by Council Members while travel- ing with their laptop computers. Five Flags Civic Center: Acting Leisure Services Manager Pat Prevenas presented the Fiscal Year 2011 budget for this department. There was no additional discussion. Conference Center (Grand River Center): Acting Leisure Services Manager Pat Preve- nas presented the Fiscal Year 2011 budget for this department. Responding to questions from City Council, Prevenas stated that the Exhibit Hall carpet has held up well and is scheduled for replacement in addition to repainting the hall. Durrant Group has been hired to evaluate replacement of the wall coverings in the bal- Book 140 Special and Regular Sessions, February 15, 2010 41 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 February 15, 2010 in session at 6:30 p.m. on February 15, 2010 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 that Mayor Buol read the call and stated this is this was a special meeting of the City Council a regular session called for the purpose of called for the purpose of discussing the Con-discussing such matters which may properly vention and Visitors Bureau Budget and Work come before the City Council. Plan. Pledge of Allegiance WORK SESSION Invocation was provided by Mayor Roy D. Convention and Visitors Bureau Director Buol. Keith Rahe introduced staff and gave a slide PROCLAMATION presentation regarding the Bureau’s accom- plishments, budget and business plan. Discus- th sion from City Council followed. League of Women Voters 90 Anniversary Week (February 15 – 20, 2010) was accepted There being no further business, upon mo-by League President Ann Michalski, 1520 Altu- tion the City Council adjourned at 6:13 p.m. ra Street. CONSENT ITEMS /s/Jeanne F. Schneider, CMC City Clerk Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Con- nors requested (#20) Safe Community Task Force Facilitator be held for separate discus- sion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Telelprogramming Commission of 1/5; City Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Over- sight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Commission of 2/3; Zon- ing Board of Adjustment of 1/28 Proofs of publication of City Council Pro- ceedings of January 19, 2010 and List of Claims and Summary of Revenues for month ended December 2009 th Investment Oversight Commission 67 Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: Schwan’s Home Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury. Upon motion the 42 Regular Session, February 15, 2010 Book 140 documents were received, filed and referred to 10 Accepting the Montcrest Street Sanitary the City Attorney. Sewer Extension Project and authorizing pay- ment of the contract amount to the contractor City Attorney advising that the following and Resolution No. 38-10 Adopting the final claims have been referred to Public Entity Risk schedule of assessments for the Montcrest Services of Iowa, the agent for the Iowa Com-Street Sanitary Sewer Extension Project were munities Assurance Pool: Schwan’s Home adopted. Service, Inc., for vehicle damage; Dorothy L. RESOLUTION NO. 37-10 Lester for personal injury; and Lester Leubka ACCEPTING THE MONTCREST STREET for personal injury. Upon motion the docu- SANITARY SEWER EXTENSION PROJECT ments were received, filed, and concurred. AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- Salt Dome Conveyor Project: City Manager TOR recommending acceptance of the Salt Dome Conveyor Project as completed by Conlon Whereas, the Public Improvement Contract Construction in the final contract amount of for the Montcrest Street Sanitary Sewer Ex- $155,805. Upon motion the documents were tension Project (the Project) has been com- received and filed and Resolution No. 36-10 pleted and the City Engineer has examined the Accepting the Salt Dome Conveyor Project work and filed a certificate stating that the and authorizing payment of the contract Project has been completed according to the amount to the contractor was adopted. terms of the Public Improvement Contract and that the City Engineer recommends that the RESOLUTION NO. 36-10 Project be accepted; and ACCEPTING THE SALT DOME CONVEYOR NOW THEREFORE, BE IT RESOLVED PROJECT AND AUTHORIZING THE PAY- BY THE CITY COUNCIL OF THE CITY OF MENT OF THE CONTRACT AMOUNT TO DUBUQUE, IOWA: THE CONTRACTOR Section 1. The recommendation of the City Whereas, the Public Improvement Contract Engineer is approved and the Project is hereby for the Salt Dome Conveyor Project (the accepted. Project) has been completed and the City En-Section 2. The Finance Director is hereby gineer has examined the work and filed a cer-directed to pay to the Contractor from the Sa- tificate stating that the Project has been com-nitary Lateral Connection Assistance Program pleted according to the terms of the Public – Special Assessments and the Stormwater Improvement Contract and that the City Engi-Ditch Remediation appropriations for the con- neer recommends that the Project be ac-tract amount of $66,822.14 less any retained cepted. percentage provided for therein as provided in NOW THEREFORE, BE IT RESOLVED Iowa Code Chapter 573, and to pay such re- BY THE CITY COUNCIL OF THE CITY OF tainage only in accordance with the provisions DUBUQUE, IOWA: of Iowa Code Chapter 573. th Section 1. The recommendation of the City Passed, approved and adopted this 15 Engineer is approved and the Project is hereby day of February, 2010. accepted. Roy D. Buol, Mayor Section 2. The Finance Director is hereby Attest: Jeanne F. Schneider, CMC, City Clerk directed to pay to the Contractor from the CITY ENGINEER’S CERTIFICATE OF FINAL General Fund appropriation for the contract COMPLETION OF THE MONTCREST amount of $155,805.00 less any retained per- STREET SANITARY SEWER EXTENSION centage provided for therein as provided in PROJECT Iowa Code Chapter 573, and to pay such re- tainage only in accordance with the provisions The undersigned City Engineer of the City of Iowa Code Chapter 573. of Dubuque, Iowa, hereby certifies that he has Passed, approved and adopted this 15th inspected the Montcrest Street Sanitary Sewer day of February, 2010. Extension Project, that the Project has been Roy D. Buol, Mayor performed in compliance with the terms of the Attest: Jeanne F. Schneider, CMC, City Clerk Public Improvement Contract, and that the total cost of the completed work is $70,940.44. th Montcrest Street Sanitary Sewer Extension Dated this 10 day of February, 2010. Project: City Manager recommending accep-Gus Psihoyos, City Engineer th tance of the Montcrest Street Sanitary Sewer Filed in the office of the City Clerk on the 11 Extension Project as completed by McDermott day of February, 2010. Excavating in the final contract amount of Jeanne F. Schneider, CMC, City Clerk $66,822.14, and approval of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 37- Book 140 Regular Session, February 15, 2010 43 RESOLUTION NO. 38-10 owners may elect to pay any annual install- ADOPTING THE FINAL ASSESSMENT ments semi-annually in advance. th SCHEDULE FOR THE MONTCREST Passed, approved and adopted this 15 STREET SANITARY SEWER EXTENSION day of February, 2010. PROJECT Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF MONTCREST SANITARY SEWER DUBUQUE, IOWA: FINAL SCHEDULE OF VALUATION AND After full consideration, the Final Schedule PROPOSED ASSESSMENTS of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby The following schedule is hereby deter- approved for the Montcrest Street Sanitary mined to show each lot proposed to be as- Sewer Extension Project. sessed for the improvement shown in the title There is hereby assessed and levied as a together with the amount proposed to be as- special tax against and upon each of the bene-sessed against each lot and the valuations fited properties, the respective sums indicated. shown opposite each lot are hereby fixed as The amounts shown in said Final Schedule of true valuations of such lots by the city council Assessments as deficiencies are found to be of the City of Dubuque, Iowa. proper and levied conditionally against the OWNER; ADDRESS; FULL LEGAL DE- respective properties benefited by the im-SCRIPTION; SUBDIVISION; PARCEL NUM- provements as shown in the Final Schedule of BER; GROSS ASSESSMENT; VALUATION; Assessments, subject to the provisions of Iowa VALUATION w/IMPROVEMENT; DEFICIEN- Code § 384.63. Said assessments against CY ASSESSMENT; TOTAL NET ASSESS- said lots are hereby declared to be in propor-MENT: tion to the special benefits conferred and not in Penhollow, Gerald L. & Christine M., 777 excess of twenty-five percent of the value of Seward Street, Lots 13 to 20, 13A, 16A & 20A same. Incl. C. H. Meyers Add, Lots 1 to 4 Incl., Plea- The City Clerk be and is hereby directed to sant View, 10-23-227-011, $5,704.50, certify the Final Schedule of Assessments to $38,030.00, $48,816.59, $ -0-, $5,704.50; the County Treasurer of Dubuque County, Wickham, Lyle K. III & Marlene K., 795 Iowa, and to publish notice of said certification Montcrest, Lot 15 & 16 Pleasant View Add, once each week for two consecutive weeks in Pleasant View Add, 10-23-231-001, $9,814.69, the manner provided in Iowa Code § 362.3, $116,260.00, $126,074.69, $ -0-, $9,814.69; the first publication of which shall be not more Haugen, Lawrence H. & Ruth, 805 than fifteen days from the date of filing of the Montcrest, Lot 17 & 18 Pleasant View Add Final Schedule of Assessments. On or before 805-805 1/2 Montcrest, Pleasant View Add., the date of the second publication of the no-10-23-230-005, $9,792.60, $71,080.00, tice, the City Clerk shall also mail a copy of $80,872.60, $-0-, $9,792.60. said notice to property owners whose property TOTAL: $25,311.80 is subject to assessment, as provided in Iowa Code § 384.60. 2009 Manhole Replacement Project: City The assessments may be paid in full or in Manager recommending acceptance of the part without interest at the office of the City 2009 Manhole Replacement Project as com- th Treasurer, City Hall, 50 W. 13 Street, Dubu-pleted by Drew Cook & Sons Excavating Co., que, Iowa, at any time within 30 days after the Inc., in the final contract amount of date of the first notice of the Final Schedule of $65,472.92. Upon motion the documents were Assessments. Thereafter, unpaid assessments received and filed and Resolution No. 39-10 of $100.00 or more are payable in 10 annual Accepting the 2009 Manhole Replacement installments at the County Treasurer’s Office, Project and authorizing payment of the con- Dubuque County Courthouse, 720 Central tract amount to the contractor was adopted. Avenue, Dubuque, Iowa, and will draw annual RESOLUTION NO. 39-10 interest at nine percent (9%) computed to De- ACCEPTING THE 2009 SANITARY SEWER cember 1 next following the due dates of the MANHOLE REPLACEMENT 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 2009 Sanitary Sewer Manhole Re- from the second business day of October. De-placement Project (the Project) has been linquent installments will draw the same delin-completed and the City Engineer has ex- quent interest as ordinary taxes. Property amined the work and filed a certificate stating that the Project has been completed according 44 Regular Session, February 15, 2010 Book 140 to the terms of the Public Improvement Con-neer recommends that the Project be ac- tract and that the City Engineer recommends cepted. that the Project be accepted. 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 Sa-Catch Basin Maintenance appropriation for the nitary Sewer Manhole Replacement appropria-contract amount of $90,906.45 less any re- tion for the contract amount of $65,472.92 less tained percentage provided for therein as pro- any retained percentage provided for therein vided in Iowa Code Chapter 573, and to pay as provided in Iowa Code Chapter 573, and to such retainage only in accordance with the pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th provisions of Iowa Code Chapter 573. Passed, approved and adopted this 15 th Passed, approved and adopted this 15 day of February, 2010. day of February, 2010. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 INTAKE RE- COMPLETION OF THE 2009 SANITARY CONSTRUCTION PROJECT SEWER MANHOLE REPLACEMENT The undersigned City Engineer of the City PROJECT of Dubuque, Iowa, hereby certifies that he has The undersigned City Engineer of the City inspected the 2009 Intake Reconstruction of Dubuque, Iowa, hereby certifies that he has Project, that the Project has been performed in inspected the 2009 Sanitary Sewer Manhole compliance with the terms of the Public Im- Replacement Project, that the Project has provement Contract, and that the total cost of been performed in compliance with the terms the completed work is $93,188.88. th of the Public Improvement Contract, and that Dated this 10 day of February, 2010. the total cost of the completed work is Gus Psihoyos, City Engineer th $68,207.80. Filed in the office of the City Clerk on the 15 th Dated this 10 day of February, 2010. day of February, 2010. Gus Psihoyos, City Engineer Jeanne F. Schneider, CMC, City Clerk th Filed in the office of the City Clerk on the 15 day of February, 2010. North Fork Catfish Creek Project – Accep- Jeanne F. Schneider, CMC, City Clerk tance of Easements: City Manager recom- mending approval of the acceptance of ease- 2009 Intake Reconstruction Project: City ments in connection with the North Fork Cat- Manager recommending acceptance of the fish Creek Project. Upon motion the docu- 2009 Intake Reconstruction Project as com-ments were received and filed and Resolution pleted by Drew Cook & Sons Excavating Co., No. 41-10 Accepting a Grant of Easement for Inc., in the final contract amount of sanitary sewer for North Fork Catfish Creek in $90,906.45. Upon motion the documents were the City of Dubuque, Iowa – Car-Ann-Jo LLC; received and filed and Resolution No. 40-10 Resolution No. 42-10 Accepting a Grant of Accepting the 2009 Intake Reconstruction Easement for sanitary sewer, storm sewer and Project and authorizing payment of the con-walking trail for North Fork Catfish Creek in the tract amount to the contractor was adopted. City of Dubuque, Iowa – Dubuque Community Church; Resolution No. 43-10 Accepting a RESOLUTION NO. 40-10 Grant of Easement for sanitary sewer for North ACCEPTING THE 2009 INTAKE RECON- Fork Catfish Creek in the City of Dubuque, STRUCTION PROJECT AND AUTHORIZING Iowa – Yiannias Place; Resolution No. 44-10 THE PAYMENT OF THE CONTRACT Accepting a Grant of Easement for sanitary AMOUNT TO THE CONTRACTOR sewer for North Fork Catfish Creek in the City Whereas, the Public Improvement Contract of Dubuque, Iowa – Avenarius; Resolution No. for the 2009 Intake Reconstruction Project (the 45-10 Accepting a Grant of Easement for sani- Project) has been completed and the City En-tary sewer, storm sewer and walking trail for gineer has examined the work and filed a cer-North Fork Catfish Creek in the City of Dubu- tificate stating that the Project has been com-que, Iowa – Mattroy, LLC; and Resolution No. pleted according to the terms of the Public 46-10 Accepting a Grant of Easement for sani- Improvement Contract and that the City Engi-tary sewer for North Fork Catfish Creek in the Book 140 Regular Session, February 15, 2010 45 City of Dubuque, Iowa – Selchert Place were Sanitary Sewer, Storm Sewer, and Walking adopted. Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision, in the RESOLUTION NO. 41-10 City of Dubuque, Dubuque County, Iowa, from ACCEPTING A GRANT OF EASEMENT FOR Dubuque Community Church, recorded as SANITARY SEWER FOR NORTH FORK Instrument No. 2010-0107 on January 4, 2010, CATFISH CREEK IN THE CITY OF DUBU- in the Office of the Dubuque County Recorder. QUE, IOWA Section 2. The Mayor is hereby authorized Whereas, CAR-ANN-JO, LLC has ex-and directed to execute and acknowledge on ecuted an Easement for Sanitary Sewer over behalf of the City of Dubuque any instruments and across parts of Lot 1-1-2-2 of NE ¼ NE ¼ in connection herewith. th Sec. 28, and Lot 1-1-2 W ½ NW ¼ NW ¼ Sec. Passed, approved and adopted this 15 th 27, all in T89N, R2E, 5 PM, in the City of Du-day of February, 2010. buque, Dubuque County, Iowa; and Roy D. Buol, Mayor Whereas, said easement was recorded as Attest: Jeanne F. Schneider, CMC, City Clerk Instrument No. 2009-22800 in the Office of the RESOLUTION NO. 43-10 Dubuque County Recorder on December 18, ACCEPTING A GRANT OF EASEMENT FOR 2009. SANITARY SEWER FOR NORTH FORK NOW THEREFORE, BE IT RESOLVED CATFISH CREEK IN THE CITY OF DUBU- BY THE CITY COUNCIL OF THE CITY OF QUE, IOWA DUBUQUE, IOWA: Section 1. The City Council of the City of Whereas, Key City Investment Co. has ex- Dubuque, Iowa, hereby approves of, accepts ecuted an Easement for Sanitary Sewer, over and consents to the Grant of Easement for and across parts of Lot 2 of Lot 2 of Yiannias Sanitary Sewer over and across parts of Lot 1-Place No. 3 in the City of Dubuque, Dubuque 1-2-2 of NE ¼ NE ¼ Sec. 28, and Lot 1-1-2 W County, Iowa; and th ½ NW ¼ NW ¼ Sec. 27, all in T89N, R2E, 5 Whereas, said easement was recorded as PM in the City of Dubuque, Dubuque County, Instrument No. 2009-22799 in the Office of the Iowa, from CAR-ANN-JO, LLC, recorded as Dubuque County Recorder on December 18, Instrument No. 2009-22800 on December 18, 2009. 2009, in the Office of the Dubuque County NOW THEREFORE, BE IT RESOLVED Recorder. 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. and consents to the Grant of Easement for th Passed, approved and adopted this 15 Sanitary Sewer, over and across parts of Lot 2 day of February, 2010. of Lot 2 of Yiannias Place No. 3 in the City of Roy D. Buol, Mayor Dubuque, Dubuque County, Iowa, from Key Attest: Jeanne F. Schneider, CMC, City Clerk City Investment Co., recorded as Instrument No. 2009-22799 on December 18, 2009, in the RESOLUTION NO. 42-10 Office of the Dubuque County Recorder. ACCEPTING A GRANT OF EASEMENT FOR Section 2. The Mayor is hereby authorized SANITARY SEWER, STORM SEWER AND and directed to execute and acknowledge on WALKING TRAIL FOR NORTH FORK CAT- behalf of the City of Dubuque any instruments FISH CREEK IN THE CITY OF DUBUQUE, in connection herewith. th IOWA Passed, approved and adopted this 15 Whereas, Dubuque Community Church day of February, 2010. has executed an Easement for Sanitary Sew-Roy D. Buol, Mayor er, Storm Sewer, and Walking Trail over and Attest: Jeanne F. Schneider, CMC, City Clerk across parts of Lot 8 and Lot 9 of Block 21A of RESOLUTION NO. 44-10 Key Knolls Subdivision in the City of Dubuque, ACCEPTING A GRANT OF EASEMENT FOR Dubuque County, Iowa; and SANITARY SEWER FOR NORTH FORK Whereas, said easement was recorded as CATFISH CREEK IN THE CITY OF DUBU- Instrument No. 2010-0107 in the Office of the QUE, IOWA Dubuque County Recorder on January 4, 2010. Whereas, Marlin and Ritchie Avenarius NOW THEREFORE, BE IT RESOLVED have executed an Easement for Sanitary BY THE CITY COUNCIL OF THE CITY OF Sewer over and across parts of Lot 2 of Ave- DUBUQUE, IOWA: narius Place in the City of Dubuque, Dubuque Section 1. The City Council of the City of County, Iowa; and Dubuque, Iowa, hereby approves of, accepts Whereas, said easement was recorded as and consents to the Grant of Easement for Instrument No. 2009-22801 in the Office of the 46 Regular Session, February 15, 2010 Book 140 RESOLUTION NO. 46-10 Dubuque County Recorder on December 18, ACCEPTING A GRANT OF EASEMENT FOR 2009. SANITARY SEWER FOR NORTH FORK NOW THEREFORE, BE IT RESOLVED CATFISH CREEK IN THE CITY OF DUBU- BY THE CITY COUNCIL OF THE CITY OF QUE, IOWA DUBUQUE, IOWA: Section 1. The City Council of the City of Whereas, Stephen J. and Judy L. Selchert Dubuque, Iowa, hereby approves of, accepts has executed an Easement for Sanitary Sewer and consents to the Grant of Easement for over and across parts of Lot 1 of Selchert Sanitary Sewer over and across parts of Lot 2 Place in the City of Dubuque, Dubuque Coun- of Avenarius Place in the City of Dubuque, ty, Iowa; and Dubuque County, Iowa, from Marlin and Rit-Whereas, said easement was recorded as chie Avenarius, recorded as Instrument No. Instrument No. 2010-00001070 in the Office of 2009-22801 on December 18, 2009, in the the Dubuque County Recorder on January 22, Office of the Dubuque County Recorder. 2010. Section 2. The Mayor is hereby authorized NOW THEREFORE, BE IT RESOLVED and directed to execute and acknowledge on BY THE CITY COUNCIL OF THE CITY OF behalf of the City of Dubuque any instruments DUBUQUE, IOWA: in connection herewith. Section 1. The City Council of the City of th Passed, approved and adopted this 15 Dubuque, Iowa, hereby approves of, accepts day of February, 2010. and consents to the Grant of Easement for Roy D. Buol, Mayor Sanitary Sewer over and across parts of Lot 1 Attest: Jeanne F. Schneider, CMC, City Clerk of Selchert Place in the City of Dubuque, Du- buque County, Iowa, from Stephen J. and Ju- RESOLUTION NO. 45-10 dy L. Selchert recorded as Instrument No. ACCEPTING A GRANT OF EASEMENT FOR 2010-00001070 on January 22, 2010, in the SANITARY SEWER, STORM SEWER AND Office of the Dubuque County Recorder. WALKING TRAIL FOR NORTH FORK CAT- Section 2. The Mayor is hereby authorized FISH CREEK IN THE CITY OF DUBUQUE, and directed to execute and acknowledge on IOWA behalf of the City of Dubuque any instruments Whereas, Mattroy, LLC has executed an in connection herewith. th Easement for Sanitary Sewer, Storm Sewer Passed, approved and adopted this 15 and Walking Trail over and across parts of Lot day of February, 2010. 3 of Herrig’s John F. Kennedy Addition in the Roy D. Buol, Mayor City of Dubuque, Dubuque County, Iowa; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, said easement was recorded as Instrument No. 2010-00673 in the Office of the South Siegert Farm Lease Extension: City Dubuque County Recorder on January 14, Manager recommending approval of an 2010. amendment of the farm lease with William and NOW THEREFORE, BE IT RESOLVED Janet Siegert for the North Siegert Farm to BY THE CITY COUNCIL OF THE CITY OF provide for a one-year lease extension. Upon DUBUQUE, IOWA: motion the documents were received and filed Section 1. The City Council of the City of and Resolution No. 47-10 Approving an Dubuque, Iowa, hereby approves of, accepts amendment to the farm lease between the City and consents to the Grant of Easement for of Dubuque, Iowa, and William and Janet Sie- Sanitary Sewer, Storm Sewer and Walking gert was adopted. Trail over and across parts of Lot 3 of Herrig’s RESOLUTION NO. 47-10 John F. Kennedy Addition in the City of Dubu- APPROVING AN AMENDMENT TO THE que, Dubuque County, Iowa, from Mattroy, FARM LEASE BETWEEN THE CITY OF DU- LLC recorded as Instrument No. 2010-00673 BUQUE, IOWA AND WILLIAM AND JANET on January 14, 2010, in the Office of the Du- SIEGERT buque County Recorder. Section 2. The Mayor is hereby authorized Whereas, the City of Dubuque, Iowa (City) and directed to execute and acknowledge on entered into a Farm Lease with William and behalf of the City of Dubuque any instruments Janet Siegert (Siegerts) for certain property as in connection herewith. described in the Lease; and th Passed, approved and adopted this 15 Whereas, City and Siegerts desire to day of February, 2010. amend the Lease as set forth in the attached Roy D. Buol, Mayor Amendment to Farm Lease; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, it is the determination of this Council that approval of the Amendment to Farm Lease, is in the public interest of the citizens of the City of Dubuque. Book 140 Regular Session, February 15, 2010 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Amendment to Farm Lease is hereby approved. Section 2. That the Mayor is hereby autho- rized and directed to execute the Amendment to Farm Lease on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is autho- rized to take such actions as are necessary to comply with the terms of the Farm Lease, as amended. Passed, approved and adopted this 15nd day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to Lease Agreement — Dubu- que by Carriage: City Manager recommending approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of "Dubuque by Carriage" to extend the original lease of the former Dock Board building until April 30, 2012. Upon motion the documents were received, filed, and approved. Stipulation of Settlement — Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for the Blue Moon Development Company 2009 property tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitalization Program Appli- cations: City Manager recommending approval of 2009 Urban Revitalization Program applica- tions for residential property tax exemptions. Upon motion the documents were received and filed and Resolution No. 48-10 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 was adopted. RESOLUTION NO. 48-10 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPER- TY OWNERS IN RECOGNIZED URBAN RE- VITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSES- SOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act re- quires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revita- lization Plan and forward the approved appli- cations to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11th Street, Old Main, Cathedral and Langworthy; and Whereas, the City of Dubuque, as of Feb- ruary 1, 2010, received tax abatement applica- tions from the following property owners in the aforementioned urban revitalization districts. Washington Neighborhood Urban Revitali- zation Area: 1126 White - Jack & Sharon Hyde; 1128 White —Philip & Leah Johnson; 1130 White- Horsfall, Inc.; 1132 White- Richardo Cunningham; 1134 White- Andrew Crosh; 1620 -1628 White- Mary & Richard Rokosek; 1732 Jackson -Dale & Linda Wlochal; 1763 White — Richard Properties LLC; 2016 Jackson -Cynthia Meyer; 2064 Washington- Gloria Valdez West 11th Street Urban Revitalization Area: 573-579 Arlington- Julie Lott; 583-593 Arlington- Julie Lott; 609-617 Arling- ton- Julie Lott; 637-641 Arlington- Ju- lie Lott; 595 West 11th Street- Mary & Ken Bichell; 631 West 16th Street - David & Bridget Stipanovich; 658 Chestnut — L. Peter Alt Salvia House Urban Revitalization Area: 2160 Elm- Salvia House LTD Langworthy Urban Revitalization Area: 1090 West Third Street- David Klavit- ter & Kara Bunte Garfield Place II Urban Revitalization Area: 601 Garfield — Davis Place LLC Cathedral Urban Revitalization Area: 448 Bluff- Julie Lott; 205 Bluff- B&C Cathedral Development LLC; 320 Jones- Mike Muench; 322 Jones - Mike Muench; 605 Bluff — Judge Real Estate LLC. Whereas, the Housing and Community Development Department and Building Servic- es Department have reviewed the above- described applications and inspected the properties, and have determined that the ap- plications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plans. 48 Regular Session, February 15, 2010 Book 140 NOW THEREFORE, BE IT RESOLVED Section 1. That Section 5-7.7 of Title 16 of BY THE CITY COUNCIL OF THE CITY OF the City of Dubuque Code of Ordinances, Uni- DUBUQUE, IOWA: fied Development Code, is waived to allow Section 1. That the above-described tax 1,047 square feet and 1,051 square feet of lot abatement applications meet the requirements area for Lot 1 and Lots 2 respectively where of the City of Dubuque’s Urban Revitalization 1,200 square feet of lot area is required. Plans. Section 2. That the Plat of Survey of Wedig Section 2. That the above-described tax Place is hereby approved and the Mayor and abatement applications are hereby approved City Clerk are hereby authorized and directed by the City Council, subject to the review and to enclose the approval of the City of Dubu- approval of the City Assessor. que, Iowa upon said final plat. th Section 3. That the City Clerk is hereby au-Passed, approved and adopted this 15 thorized and directed to forward the above- day of February 2010. described tax abatement applications to the Roy D. Buol, Mayor City Assessor. Attest: Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted this 15 day of February 2010. Legislative Correspondence: Communica- Roy D. Buol, Mayor tion to State Legislators providing a position Attest: Jeanne F. Schneider, CMC, City Clerk statement on House Study Bill 573 relating to flood plain management. Black Hills Energy – Contract for Water Communication to State Legislators in op- Meter Reading: City Manager recommending position to House Study Bill 608 concerning approval of a revised contract with Black Hills 500 year flood plain regulation. Energy to extend the contract for water meter Upon motion the documents were received reading through December 2011 for comple-and filed. tion of the water meter replacement project. Upon motion the documents were received, 2009 National Park Service Annual Prod- filed, and approved. ucts Report: City Manager transmitting the 2009 National Park Service Annual Products 418 / 420 Emmett Street – Lot Split: Zoning Report and Baseline Questionnaire. Upon mo- Advisory Commission recommending approval tion the documents were received and filed. of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion HOME Partnership Program: Communica- the documents were received and filed and tion from the Iowa Department of Economic Resolution No. 49-10 Approving a plat of sur-Development advising that the City of Dubu- vey of Wedig Place in the City of Dubuque, que’s HOME Partnership Program has been Iowa, was adopted. administered in substantial compliance with finance and program requirements. Upon mo- RESOLUTION NO. 49-10 tion the document was received and filed. APPROVING A PLAT OF SURVEY OF WE- DIG PLACE IN THE CITY OF DUBUQUE, Iowa Department of Economic Develop- IOWA. ment: Communication from the Iowa Depart- Whereas, there has been filed with the City ment of Economic Development advising that Clerk a Plat of Survey Wedig Place in the City the Vision Iowa Board intends to award the of Dubuque, Iowa; and City of Dubuque a Community Attraction and Whereas, said Plat of Survey provides Tourism (CAT) marketing grant of $10,000 to 1,047 square feet and 1,051 square feet of lot promote the Art Market. Upon motion the doc- area for Lot 1 and Lots 2 respectively, where ument was received and filed. 1,200 square feet of lot area is required by Section 5-7.7 of Title 16 of the City or Dubu-PEG Capital Grant Expenditure Request: que Code of Ordinances, Unified Development City Manager recommending approval of a Code; and request from the City of Dubuque for $15,000 Whereas, said Plat of Survey has been ex-from the Capital Grant for Access Equipment amined by the Zoning Advisory Commission and Facilities for a non-linear editing system to and had its approval endorsed thereon; and replace the original non-linear editing system Whereas, Said Plat of Survey has been that is no longer able to digitize video and is examined by the City Council and they find not powerful enough to meet our current edit- that it conforms to the statutes and ordinances ing needs. Upon motion the documents were relating to it. received, filed, and approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 2009 Certified Local Government (CLG) DUBUQUE, IOWA: Annual Report: City Manager submitting the 2009 Certified Local Government (CLG) An- Book 140 Regular Session, February 15, 2010 49 RESOLUTION NO. 51-10 nual Report. Upon motion the documents were received and filed. Whereas, applications for Liquor Licenses have been submitted to this Council for ap- Safe Community Task Force Facilitator: proval and the same have been examined and City Manager recommending approval of a approved; and contract with Urban Strategies, Inc. to facilitate Whereas, the premises to be occupied by the Safe Community Task Force. Motion by such applicants were inspected and found to Connors to receive and file the documents and comply with the State Laws and all City Ordin- approve the recommendation. Seconded by ances relevant thereto and they have filed Braig. Connors provided an explanation of why proper bonds. the Task Force is hiring Urban Strategies as NOW, THEREFORE, BE IT RESOLVED an outside facilitator and read a biography of BY THE CITY COUNCIL OF THE CITY OF the company into the record. Van Milligen DUBUQUE, IOWA: stated that the Task Force will submit a That the Manager be authorized to cause progress report at the March 1, 2010 City to be issued the following named applicants a Council meeting. Motion carried 7-0. Liquor License. Business License Refund: Request of Jack CLASS “C” BEER/LIQUOR LICENSE Thompson for a refund of the cigarette license Mr. Roger’s Pub, LLC, Mr. Rogers for Oky Doky #6 in the amount of $50.00. Pub+(Sunday Sale), 2093 Washington Street Upon motion the document was received, filed, Fraternal Order of Eagles, Eagles and approved. Club+(Sunday Sale), 1175 Century Drive Bulldog Billiards, Inc., Bulldog Bil- Liquor License Applications: City Manager liards+(Sunday Sale), 1850 Central Avenue recommending approval of annual liquor li-HE-FR, Ltd., Gin Rickey’s+(Sunday Sale), cense renewals as submitted. Upon motion the 1447 Central Avenue documents were received and filed and Reso-Hammerheads, Inc., Hammerheads lution No. 50-10 Granting the issuance of a Bar+(Sunday Sale), 2095 Kerper Blvd. Class “C” Beer Permit to Oky Doky #8; and Charles Steffen, Tony’s Place+(Sunday Resolution No. 51-10 Granting the issuance of Sale), 1701 Central Avenue a Class “C” Beer/Liquor License to Mr. Rogers CLASS “B” WINE Pub, Eagles Club, Bulldog Billiards, Gin Rick-Hill Street Plaza, Inc., Oky Doky # 8 Foods, ey’s, Hammerheads and Tony’s Place; a Class 535 Hill Street “B” Wine to Oky Doky #8; and a Class “WBN” CLASS “WBN” NATIVE WINE Native Wine to National Mississippi River Mu-Dubuque Co. Historical Society, Nat’l Mis- thrd seum and 16 Street Auto / Truck Plaza were sissippi River Museum, 350 E. 3 Street th adopted. Mulgrew Oil Co., 16 Street Auto/Truck th Plaza, 1215 E. 16 Street th RESOLUTION NO. 50-10 Passed, approved and adopted this 15 Whereas, applications for Beer Permits day of February, 2010. have been submitted and filed to this Council Roy D. Buol, Mayor for approval and the same have been ex-Attest: Jeanne F. Schneider, CMC, City Clerk amined and approved; and ITEMS TO BE SET FOR PUBLIC HEARING Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and Motion by Lynch to receive and file the have filed proper bonds. 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 Voetberg. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Lease Agreement – Dubuque Bruisers Beer Permit. Football: City Manager recommending that a CLASS “C” BEER PERMIT public hearing be set for March 1, 2010 to Hill Street Plaza, Inc., Oky Doky # 8 consider a lease agreement with Dubuque Foods+(Sunday Sale), 535 Hill Street Bruisers Football for a section of Roosevelt th Passed, approved and adopted this 15 Park. Upon motion the documents were re- day of February, 2010. ceived and filed and Resolution No. 52-10 Roy D. Buol, Mayor Resolution of intent to dispose of an interest in Attest: Jeanne F. Schneider, CMC, City Clerk real property by lease agreement with Domi- nick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing 50 Regular Session, February 15, 2010 Book 140 RESOLUTION NO. 53-10 for a meeting to commence at 6:30 p.m. on TH UTILITY RELOCATION PROJECT – 9 TO March 1, 2010 in the Historic Federal Building. TH 10 STREET: SANITARY SEWER, 20-INCH RESOLUTION NO. 52-10 TRANSMISSION WATERMAIN, AND FIBER RESOLUTION OF INTENT TO DISPOSE OF OPTIC CONDUIT AN INTEREST IN REAL PROPERTY BY PRELIMINARY APPROVAL OF PLANS, LEASE AGREEMENT WITH DOMINICK LO-SPECIFICATIONS, FORM OF CONTRACT, CASCIO, OWNER, DUBUQUE BRUISERS AND ESTIMATED COST; SETTING DATE FOOTBALL OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND WHEREAS, the City of Dubuque, Iowa (City) ESTIMATED COST; AND ORDERING THE is the owner of the Premises shown on Exhibit ADVERTISEMENT FOR BIDS A of the Lease, all in Dubuque County, Iowa (the Property); and NOW THEREFORE, BE IT RESOLVED WHEREAS, Dominick Locascio, Owner, BY THE CITY COUNCIL OF THE CITY OF Dubuque Bruisers Football (Team) desires to DUBUQUE, IOWA: lease the Property to operate a semi-pro foot-The proposed plans, specifications, form of ball team, upon the terms set forth in a Lease contract and estimated cost for the Utility Re- thth now on file in the Office of the City Clerk at location Project – 9 to 10 Street: Sanitary City Hall, Dubuque, Iowa, which Lease pro-Sewer, 20-Inch Transmission Watermain, and vides among other things for a term of twenty-Fiber Optic Conduit, in the estimated amount five years; and $821,422.50, are hereby preliminarily ap- WHEREAS, the City Council has tentatively proved and ordered filed in the office of the determined that it would be in the best interests City Clerk for public inspection. st of the City to enter into the Lease with Team. A public hearing will be held on the 1 day NOW, THEREFORE, BE IT RESOLVED BY of March, 2010, at 6:30 p.m. in the Historic THE CITY COUNCIL OF THE CITY OF Federal Building Council Chambers at which DUBUQUE, IOWA: time interested persons may appear and be Section 1. The City Council of the City of heard for or against the proposed plans and Dubuque intends to dispose of its interest in the specifications, form of contract and estimated Property as described in the Lease between City cost of said Project, and the City Clerk be and and Team. is hereby directed to cause the attached notice Section 2. The City Clerk is hereby of the time and place of such hearing to be authorized and directed to cause this Resolution published in a newspaper having general cir- and a notice to be published as prescribed by culation in the City of Dubuque, Iowa, which Iowa Code Section 364.7 of a public hearing on notice shall be published not less than four the City’s intent to dispose of the Property, to be days nor more than twenty days prior to the held on the 1st day of March, 2010, at 6:30 date of such hearing. At the hearing, any inter- o’clock p.m. at the Historic Federal Building, 360 ested person may appear and file objections to W. Sixth Street, Dubuque, Iowa. the proposed plans, specifications, form of Passed, approved and adopted this 15th day contract, or estimated cost of the Project. thth of February, 2010. The Utility Relocation Project – 9 to 10 Roy D. Buol, Mayor Street: Sanitary Sewer, 20-Inch Transmission Attest: Jeanne F. Schneider, CMC, City Clerk Watermain, and Fiber Optic Conduit is hereby ordered to be advertised for bids for construc- thth Utility Relocation Project – 9 to 10 tion. Street: City Manager recommending initiation The amount of the security to accompany of the public bidding process for the Utility Re-each bid shall be in an amount which shall thth location Project – 9 to 10 Street and that a conform to the provisions of the Notice to Bid- public hearing be set for March 1, 2010, to ders hereby approved. consider approval of the plans and specifica-The City Clerk is hereby directed to adver- tions, form of contract and estimated cost. tise for bids for the construction of the im- Upon motion the documents were received provements herein provided, by publishing the and filed and Resolution No. 53-10 Preliminary attached Notice to Bidders to be published in a approval of plans, specifications, form of con-newspaper having general circulation in the tract, and estimated cost, setting date of public City of Dubuque, Iowa, which notice shall be hearing and ordering bids for the Utility Relo-published not less than four but not more than thth cation Project – 9 to 10 Street was adopted forty-five days before the date for filing bids th setting a public hearing for a meeting to com-before 2:00 p.m. on the 9 day of March, mence at 6:30 p.m. on March 1, 2010 in the 2010. Bids shall be opened and read by the Historic Federal Building. City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on th the 15 day of March, 2010, in the Historic Book 140 Regular Session, February 15, 2010 51 Federal Building Council Chambers (second for Fiscal Years 2011 through 2015 has been th floor), 350 West 6 Street, Dubuque, Iowa. prepared and submitted to the City Council; th Passed, adopted and approved this 15 and day of February, 2010. Whereas, the capital projects for the first Roy D. Buol, Mayor year of the program are included in the Fiscal Attest: Jeanne F. Schneider, CMC, City Clerk Year 2011 budget for the City of Dubuque; and Whereas, it is deemed to be in the best in- Fiscal Year 2011 Operating Budget and terest of the City of Dubuque to conduct a pub- Capital Improvement Program: City Manager lic hearing and adopt the five-year Capital Im- recommending that a public hearing be set for provement Program simultaneously with the Tuesday, March 9, 2010 to consider adoption public hearing and adoption of the Fiscal Year of the Fiscal Year 2011 Operating Budget and 2011 budget for the City of Dubuque. Capital Improvement Program. Upon motion NOW THEREFORE, BE IT RESOLVED the documents were received and filed and BY THE CITY COUNCIL OF THE CITY OF Resolution No. 54-10 Setting the date for the DUBUQUE, IOWA: public hearing on the Fiscal Year 2011 Budget Section 1. That the City Council shall con- for the City of Dubuque and Resolution No. 55-duct a public hearing on the five-year Capital 10 Setting the date for the public hearing on Improvement Program for Fiscal Years 2011 the Five Year Capital Improvement Program through 2015 in the City Council Chambers at th for Fiscal Years 2011 through 2015 for the City the Historic Federal Building, 350 West 6 of Dubuque were adopted setting a public Street, Dubuque, Iowa, on Tuesday, March 9, hearing for a meeting to commence at 6:30 2010, beginning at 6:30 p.m. p.m. on March 9, 2010 in the Historic Federal Section 2. That the City Clerk be and is he- Building. reby authorized and directed to publish notice of the public hearing. RESOLUTION NO. 54-10 Passed, approved and adopted this 15th SETTING THE DATE FOR THE PUBLIC day of February, 2010. HEARING ON THE FISCAL YEAR 2011 Roy D. Buol, Mayor BUDGET FOR THE CITY OF DUBUQUE Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, Iowa Code Section 384.16 pro- BOARDS/COMMISSIONS vides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2011 budget before the final budget certifica-Appointments to the following Commission: tion date and shall publish notice before the Community Development Advisory Commis- hearing as provided in Iowa Code Section sion. Three 3-year terms through February 15, 362.3. 2013 (Low/Moderate Income Term of Caldwell NOW THEREFORE, BE IT RESOLVED and At-Large Term of Maloy). Applicants: The- BY THE CITY COUNCIL OF THE CITY OF resa Caldwell, 1633 Elm Street (Low/Moderate DUBUQUE, IOWA: Income Area); Paula Maloy, SVM, 2950 Kauf- Section 1. That the City Council shall con-mann Avenue (At-Large). Motion by Braig to duct a public hearing on the proposed Fiscal appoint Teresa Caldwell and Paula Maloy, to Year 2011 budget for the City of Dubuque in the Community Development Advisory Com- the City Council Chambers at the Historic mission for 3-year terms through February 15, Federal Building, 350 West 6th Street, Dubu-2013. Ms. Caldwell to serve in the que, Iowa, on Tuesday, March 9, 2010, begin-Low/Moderate Income Area and Ms. Maloy to ning at 6:30 p.m. serve At-Large. Seconded by Connors. Motion Section 2. That the City Clerk be and is he-carried 7-0. reby authorized and directed to publish notice PUBLIC HEARINGS of the public hearing, according to law, togeth- er with the required budget information. Passed, approved and adopted this 15th Upon motion the rules were suspended to day of February, 2010. allow anyone present to address the City Roy D. Buol, Mayor Council. Attest: Jeanne F. Schneider, CMC, City Clerk Request to Rezone – Historic Millwork Dis- RESOLUTION NO. 55-10 trict: Proof of publication on notice of public SETTING THE DATE FOR THE PUBLIC hearing to consider a request from the City of HEARING ON THE FIVE-YEAR CAPITAL Dubuque to rezone property located south of th IMPROVEMENT PROGRAM FOR FISCAL 12 Street, east of White Street and west of YEARS 2011 THROUGH 2015 FOR THE Highway 61/151 from C-4 Downtown Com- CITY OF DUBUQUE mercial and HI Heavy Industrial District to PUD Whereas, a proposed Five-Year Capital Planned Unit Development District with a PC Improvement Program for the City of Dubuque Planned Commercial designation for the His- 52 Regular Session, February 15, 2010 Book 140 SORS AND ASSIGNS, GENERATED FROM toric Millwork District PUD and Zoning Advi- THE SALE OF ELECTRICITY WITHIN THE sory Commission recommending approval. CITY OF DUBUQUE TO THREE PERCENT City Manager recommending that the His- (3%) toric Millwork District PUD ordinance be re- ferred back to the Zoning Advisory Commis-Whereas, City of Dubuque Ordinance No. th sion to consider an amendment to the PUD in 58-93, adopted by the City Council on the 4 response to concerns expressed by some day of October 1993, granted to Interstate property owners. Power Company, its successors and assigns Motion by Connors to refer back to the (hereinafter referred to collectively as the Zoning Advisory Commission a proposed or-Company), nonexclusive authority for a period dinance Amending Title 16, the Unified Devel-of twenty-five (25) years to maintain and oper- opment Code of the City of Dubuque Code of ate its electrical system within the limits of the Ordinances, by reclassifying hereinafter de-city of Dubuque; and th scribed property located south of 12 Street, Whereas, Alliant Energy is the successor east of White Street and west of Highway to Interstate Power Company: and 61/151 from C-4 Downtown Commercial and Whereas, Ordinance No. 58-93 provides HI Heavy Industrial District to PUD Planned that the City Council may impose a franchise Unit Development District with a PC Planned fee not to exceed three percent (3%) of the Commercial designation for the Historic Mill-gross revenue of the Company generated from work District PUD. Seconded by Voetberg. the sale of electricity within the city of Dubu- Motion carried 7-0. que; and Whereas, Ordinance No. 58-03 imposed a Electric and Gas Franchise Fee Ordin-franchise fee equal to two percent (2%) of the ances: Proof of publication on notice of public gross revenue of the Company generated from hearing to consider ordinances increasing the the sale of electricity within the city of Dubu- franchise fee under the City’s Electric and Gas que; and Franchises with Alliant Energy, Black Hills Whereas, the City Council has determined Energy and Maquoketa Valley Electric Coop-that it is in the best interests of the City of Du- erative from two percent to three percent and buque to increase the franchise fee to three City Manager recommending approval. percent (3%). Motion by Connors to receive and file the NOW, THEREFORE, BE IT ORDAINED documents and that the requirement that a BY THE CITY COUNCIL OF THE CITY OF proposed ordinance be considered and voted DUBUQUE, IOWA: on for passage at two Council meetings prior Section 1 of Ordinance No. 58-03 is to the meeting at which it is to be passed be amended to read as follows: suspended. Seconded by Jones. Motion car-Section 1. Effective June 1, 2010 and ried 7-0. for the term of the franchise granted by Or- Motion by Connors for final consideration dinance No. 58-93, there is hereby im- and passage of Ordinance No. 7-10 Increasing posed upon the Company a fee equal to the franchise fee of two percent (2%) of the three percent (3%) of the gross revenue gross revenue of Alliant Energy, its successors generated from the sale of electricity within and assigns, generated from the sale of elec-the city of Dubuque. th tricity within the City of Dubuque to three per-Passed, approved and adopted the 15 cent (3%); Ordinance No. 8-10 Increasing the day of February, 2010. franchise fee of two percent (2%) of the gross /s/Roy D. Buol, Mayor revenue of Black Hills Energy Corporation, its Attest: successors and assigns, generated from the /s/Jeanne F. Schneider, CMC, City Clerk sale of natural gas within the City of Dubuque Published officially in the Telegraph Herald th to three percent (3%); and Ordinance No. 9-10 Newspaper the 19 day of February, 2010. Increasing the franchise fee of two percent /s/Jeanne F. Schneider, CMC, City Clerk (2%) of the gross revenue of Maquoketa Val- OFFICIAL PUBLICATION ley Energy Cooperative, its successors and ORDINANCE NO. 8-10 assigns, generated from the sale of electricity INCREASING THE FRANCHISE FEE OF within the City of Dubuque to three percent TWO PERCENT (2%) OF THE GROSS REV- (3%). Seconded by Braig. Budget Director ENUE OF BLACK HILLS ENERGY CORPO- Jenny Larson gave a slide presentation on the RATION, ITS SUCCESSORS AND ASSIGNS, history of the franchise fee. Motion carried 7-0. GENERATED FROM THE DISTRIBUTION OFFICIAL PUBLICATION AND SALE OF NATURAL GAS OR MIXED ORDINANCE NO. 7-10 GAS WITHIN THE CITY OF DUBUQUE TO INCREASING THE FRANCHISE FEE OF THREE PERCENT (3%) TWO PERCENT (2%) OF THE GROSS REV- Whereas, City of Dubuque Ordinance No. ENUE OF ALLIANT ENERGY, ITS SUCCES- 43-93 (City of Dubuque Code of Ordinances Book 140 Regular Session, February 15, 2010 53 Appendix C), adopted by the City Council on October 3, 2018, to maintain and operate its th the 19 day of July, 1993, granted to Peoples electrical system within the limits of the city of Natural Gas Company, its successors and Dubuque; and assigns (hereinafter referred to collectively as Whereas, Ordinance No. 20-04 imposed a the Company), nonexclusive authority for a franchise fee equal to two percent (2%) of the period of twenty-five (25) years to maintain gross revenue of the Company generated from and operate its gas distribution system within the sale of electricity within the city of Dubu- the limits of the city of Dubuque; and que; and Whereas, Black Hills Energy Corporation is Whereas, Ordinance No. 20-04 provided the successor to Peoples Natural Gas Com-further that the City Council reserved the right pany; and to increase or decrease the amount of such Whereas, Ordinance No. 43-93 provides franchise fee as it determined to be in the pub- that the City Council may, impose a franchise lic interest; and fee not to exceed three (3) percent of the Whereas, the City Council has determined gross revenue of the Company generated from that it is in the best interests of the City of Du- the sale of natural and mixed gas within the buque to increase the franchise fee to three city of Dubuque; and percent (3%). Whereas, Ordinance No. 59-03 imposed a NOW, THEREFORE, BE IT ORDAINED franchise fee equal to two percent (2%) of the BY THE CITY COUNCIL OF THE CITY OF gross revenue of the Company generated from DUBUQUE, IOWA: the sale of natural and mixed gas within the The first paragraph of Ordinance No. 20-04 city of Dubuque; and is amended to read as follows: Whereas, the City Council has determined that Section 1. Effective June 1, 2010 and it is in the best interests of the City of Dubuque for the term of the franchise, Company to increase the franchise fee to three percent shall pay to City a fee equal to three per- (3%). cent (3%) of the gross revenue generated NOW, THEREFORE, BE IT ORDAINED from the sale of electricity within the city of BY THE CITY COUNCIL OF THE CITY OF Dubuque. City shall provide Company with DUBUQUE, IOWA: a map depicting its current corporate Section 1 of Ordinance No. 59-03 is boundaries and shall notify Company of amended to read as follows: any changes to the same. th Section 1. Effective June 1, 2010 Passed, approved and adopted the 15 day of and for the term of the franchise February, 2010. granted by Ordinance No. 43-93, /s/Roy D. Buol, Mayor there is hereby imposed upon the Attest: Company a fee equal to three percent /s/Jeanne F. Schneider, CMC, City Clerk (3%) of the gross revenue generated Published officially in the Telegraph Herald th from the sale of natural and mixed Newspaper the 19 day of February, 2010. gas within the city of Dubuque. /s/Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted the 15 day of February, 2010. Upon motion the rules were reinstated li- /s/Roy D. Buol, Mayor miting discussion to the City Council. Attest: ACTION ITEMS /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 19 day of February, 2010. Request to Address the City Council: Re- /s/Jeanne F. Schneider, CMC, City Clerk quest of Cindy Kuhlmann, 1137 Oak Street, to address the City Council in opposition to the OFFICIAL PUBLICATION construction of multi-family housing on Oak ORDINANCE NO. 9-10 Street. Motion by Lynch to receive and file the INCREASING THE FRANCHISE FEE OF information. Seconded by Braig. Ms. Kuhl- TWO PERCENT (2%) OF THE GROSS REV- mann spoke on behalf of the Oak Street area ENUE OF MAQUOKETA VALLEY ELECTRIC residents and cited safety, increased traffic, COOPERATIVE, ITS SUCCESSORS AND and bluff erosion as major issues. Planning ASSIGNS, GENERATED FROM THE SALE Services Manager Laura Carstens provided a OF ELECTRICITY WITHIN THE CITY OF zoning history of the area confirming that the DUBUQUE TO THREE PERCENT (3%) site is zoned R-2 Residential and stated that Whereas, City of Dubuque Ordinance No. the project is compliant with the Zoning Code. th 20-04, adopted by the City Council on the 5City Council recommended the neighbors try day of April, 2004, granted to Maquoketa Val-mediation with the developers. Motion carried ley Electric Cooperative, its successors and 7-0. assigns (hereinafter referred to collectively as Dewane Lattner, 854 Cleveland Avenue, the Company), nonexclusive authority through submitted correspondence related to the Oak 54 Regular Session, February 15, 2010 Book 140 Street multi-family housing project. The docu-756 N. Main Street, Hippocrene Enterpris- ments were made a Matter of Record. es, LLC (Walker Shoe Store), 4, $40,000 Grant Preliminary Plat – Felderman Subdivision: 129 Main Street, K & E Partnership LLP Zoning Advisory Commission recommending (Knippel’s Religious Gifts), 2, $12,000 Grant approval of the preliminary plat of Felderman 163 Main Street, D & J Realty, 3, $30,000 Subdivision located on the Northwest Arterial / Grant Arboretum Drive. Motion by Connors to re-392-394 Bluff Street, RMF Associates, ceive and file the documents and approve the LLC, 2, $10,000 Grant recommendation. Seconded by Braig. Motion Section 2. That the City Manager is hereby carried 7-0. authorized and directed to execute Incentive Agreements for the approved projects. th Downtown Housing Incentive Awards: City Passed, approved and adopted this 15 Manager recommending approval of four day of February, 2010. projects to receive certain incentives to create Roy D. Buol, Mayor new housing units within the Greater Down-Attest: Jeanne F. Schneider, CMC, City Clerk town Urban Renewal District and authorization to negotiate specific contracts. Motion by Con-Free Ride Program with Dubuque Com- nors to receive and file the documents and munity School District: City Manager recom- adopt Resolution No. 56-10 Approving certain mending approval to renew the Free Ride Pro- awards from the Downtown Housing Incentive gram with the Dubuque Community School Pool to create new market-rate housing units District for the school year of August 1, 2009 within the Greater Downtown Urban Renewal through July 31, 2010. Motion by Jones to District. Seconded by Voetberg. Motion carried receive and file the documents and approve 7-0. the recommendation. Seconded by Braig. Resnick requested that the program be recon- RESOLUTION NO. 56-10 sidered as a way to solve child obesity related APPROVING CERTAIN AWARDS FROM to the “Let’s Move” program by having children THE DOWNTOWN HOUSING INCENTIVE walk to school. Council Members stated that POOL TO CREATE NEW MARKET-RATE while they agreed with Mr. Resnick’s idea, the HOUSING UNITS WITHIN THE GREATER Free Ride Program had many other benefits to DOWNTOWN URBAN RENEWAL DISTRICT consider. Motion carried 6-1 with Resnick vot- Whereas, the City of Dubuque has been ing nay. successful in encouraging job creation and retention in the community for several years; Accessible Parking Snow Removal: City and Manager recommending approval of an Whereas, many of the City of Dubuque’s amendment to the City’s Accessible Parking new residents have a strong desire to live near Ordinance which makes property owners, or work and entertainment; and the property owner’s designee, responsible for Whereas, a significant shortage of quality the removal of snow from accessible parking market-rate rental and owner-occupied resi-spaces and access aisles and prohibits storing dential units exists and efforts are needed to snow on accessible spots and access aisles. encourage new development of such units; Motion by Connors to receive and file the doc- and uments and that the requirement that a pro- Whereas, several downtown residential posed ordinance be considered and voted on development projects need financial assis-for passage at two Council meetings prior to tance to secure funding for such project; and the meeting at which it is to be passed be sus- Whereas, the City received several appli-pended. Seconded by Resnick. Motion carried cations for assistance from a Request for Pro-7-0. posals due December 21, 2009; and Motion by Connors for final consideration Whereas, such proposals have been re-and passage of Ordinance No. 10-10 Amend- viewed by a recommendation committee. ing Title 9 Motor Vehicles and Traffic, Chapter NOW THEREFORE, BE IT RESOLVED 14 Parking, Division 6 Parking Spaces for the BY THE CITY COUNCIL OF THE CITY OF Disabled, Section 9-14-321.705 Prohibited DUBUQUE, IOWA: Use of Parking Places or Identification Devices Section 1. The City Council approves the of the City of Dubuque Code of Ordinances by following projects to receive financial assis-adding a new Subsection C Snow Removal tance for the creation of market-rate housing requiring the owner of any lot or parcel with units within the Greater Downtown Urban Re-accessible parking spaces and access isles newal District: from allowing accumulations of snow or ice Address; Developer; Housing Units; thereon. Seconded by Resnick. Motion carried Assistance 7-0. Book 140 Regular Session, February 15, 2010 55 OFFICIAL PUBLICATION by Braig. Mayor Buol thanked the members of ORDINANCE NO. 10-10 the Task Force for their contributions. AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, Cell Phone Ordinance (First Reading on DIVISION 6 PARKING SPACES FOR THE February 1, 2010): Communications from Ron DISABLED, SECTION 9-14-321.705 PROHI- Farni, Phillip Seer, Carolyn Thirtle, OSF, and BITED USE OF PARKING PLACES OR Elaine and Vern Steil (submitting petition) re- IDENTIFICATION DEVICES OF THE CITY garding the proposed cell phone ordinance. OF DUBUQUE CODE OF ORDINANCES BY Motion by Jones to receive and file the docu- ADDING A NEW SUBSECTION C SNOW ments and that the requirement that a pro- REMOVAL REQUIRING THE OWNER OF posed ordinance be considered and voted on ANY LOT OR PARCEL WITH ACCESSIBLE for passage at two Council meetings prior to PARKING SPACES AND ACCESS AISLES the meeting at which it is to be passed be sus- FROM ALLOWING ACCUMULATIONS OF pended. Seconded by Voetberg. Motion car- SNOW OR ICE THEREON ried 7-0. NOW, THEREFORE, BE IT ORDAINED Motion by Jones for final consideration and BY THE CITY COUNCIL OF THE CITY OF passage of Ordinance No. 11-10 Amending DUBUQUE, IOWA: City of Dubuque Code of Ordinances Title 9 Section 1. Section 9-14-321.705 of the City Motor Vehicles and Traffic, Chapter 10 Miscel- of Dubuque Code of Ordinances is amended laneous Rules, by adding a new Section 9-10- by adding the following new Subsection C: 400 Prohibiting the Use of Electronic Commu- 9-14-321.705: PROHIBITED USE OF nications Devices While Driving a Motor Ve- PARKING PLACES OR IDENTIFICATION hicle. Seconded by Voetberg. Lynch stated DEVICES: that in light of the ordinance currently being . . . . considered by the State, the City’s ordinance C. Snow Removal. might be a waste of time. Responding to ques- 1. The owner of any property on which tions from City Council, Van Milligen stated is located any disabled parking spaces hands-free devices are exempt, and limited and or access aisles shall not allow any signage will be posted on main roadways en- snow or ice, or accumulations thereof, on tering the city. Motion carried 7-0. the property to impede the free access OFFICIAL PUBLICATION and use of such disabled parking spaces ORDINANCE NO. 11-10 or access aisles. AMENDING CITY OF DUBUQUE CODE OF 2. No person shall use a disabled ORDINANCES TITLE 9 MOTOR VEHICLES parking space or access aisle, located on AND TRAFFIC, CHAPTER 10 MISCELLA- either public or private property, for the NEOUS RULES, BY ADDING A NEW SEC- storage of snow. TION 9-10-400 PROHIBITING THE USE OF 3. A property owner notified by written ELECTRONIC COMMUNICATIONS DEVIC- notification from the City Manager of a vi- ES WHILE DRIVING A MOTOR VEHICLE olation of this section shall remove the snow or ice, or accumulations thereof, Whereas, the use of electronic communi- within twenty-four (24) hours of receipt of cations devices by motorists has increased in the notification. recent years including within the city of Dubu- Section 2. This Ordinance shall take effect que; and on publication. Whereas, drivers who use a hand-held th Passed, approved and adopted the 15 communications device, and particularly those day of February, 2010. who are dialing or texting, are at a greater risk /s/Roy D. Buol, Mayor of a crash or near crash than drivers who are Attest: simply driving; and /s/Jeanne F. Schneider, CMC, City Clerk Whereas, many citizens have acknowl- Published officially in the Telegraph Herald edged that they have been hit or nearly hit by th Newspaper the 19 day of February, 2010. a driver using such devices; and /s/Jeanne F. Schneider, CMC, City Clerk Whereas, the consequences of distracted driving due to the use of such devices can be Final Report of the Sustainability Task and often are catastrophic; and Force: City Manager transmitting the final re-Whereas the City Council finds that hands- port on the activity of the Sustainability Task free electronic communications devices, global Force and recommending adoption of Dubu-positioning systems, navigation systems or que’s Sustainability Vision, Three-Part Model, emergency notification systems, and citizens and eleven Sustainability Principles as devel-band radios, citizens band radio hybrids, or oped by the Sustainability Task Force. Motion other electronic communication devices with a by Connors to receive and file the documents push-to-talk function are significantly less dis- and approve the recommendation. Seconded tracting than electronic communications devic- 56 Regular Session, February 15, 2010 Book 140 es which require the operator to manually in-emergency vehicles when on duty and sert letters or figures; and acting in their official capacities. Whereas, the City Council finds that it is 2. Persons using a hands-free elec- within its authority to provide for the health, tronic communications device allowing the safety, and welfare of its citizens to regulate driver to talk into and listen to the other the use of such devices. party without the use of the driver’s hands. NOW, THEREFORE, BE IT RESOLVED 3. Persons using an electronic com- BY THE CITY COUNCIL OF THE CITYOF munications device for the sole purpose of DUBUQUE, IOWA AS FOLLOWS: calling 911 or other emergency telephone Section 1. The City of Dubuque Code of numbers to contact public safety forces. Ordinances, Title 9, Chapter 10, is amended 4. Persons using an electronic com- by adding the following new section: munications device while maintaining a 9-10-400: USE OF ELECTRONIC motor vehicle in a stationary parked posi- COMMUNICATIONS DEVICES tion while parked off the traveled portion PROHIBITED WHILE DRIVING A of the road, and while the motor vehicle is MOTOR VEHICLE not in gear. A. Except as provided in subsection F. Any person who violates subsec- C, no person shall drive a motor vehicle on tion A of this section shall be subject to a the public streets within the city of Dubu-scheduled fine as follows: que while using an electronic communica-1. Fifty Dollars ($50) if no traffic acci- tions device for the ordinary purposes for dent is involved; which such devices are used. 2. Two hundred fifty dollars ($250), if B. "Electronic communications device" the violation resulted in a traffic accident. means an electronic device, including but Section 2. This ordinance shall take effect not limited to a wireless telephone, per-upon publication. th sonal digital assistant, or a portable or mo-Passed, approved and adopted the 15 bile computer, which requires the operator day of February, 2010. to manually insert letters or figures, but /s/Roy D. Buol, Mayor does not include hands-free electronic Attest: communications devices, global positioning /s/Jeanne F. Schneider, CMC, City Clerk systems, navigation systems or emergency Published officially in the Telegraph Herald th notification systems, and citizens band ra-Newspaper the 19 day of February, 2010. dios or citizens band radio hybrids, or other /s/Jeanne F. Schneider, CMC, City Clerk electronic communication devices with a COUNCIL MEMBER REPORTS push-to-talk function. C. "Hands-free electronic communica- tions device” means a device that has an Voetberg reported that he has been ap- internal feature or function, or that is pointed to the International Council for the equipped with an attachment or addition, National League of Cities. whether or not permanently part of such CLOSED SESSION mobile telephone, by which a user engag- es in a conversation without the use of ei- ther hand, provided, however, this defini-Motion by Jones at 7:55 p.m. to go into tion shall not preclude the use of either closed session regarding Collective Bargaining hand to activate, deactivate, or initiate a Strategy pursuant to Chapter 20.17(3) Code of function of the device. Iowa. Seconded by Braig. Motion carried 7-0. D. Using an electronic communica- tions device includes but is not limited to Upon motion, the City Council reconvened the following: in open session at 8:31 p.m. stating that staff 1. Composing, sending, or reading an had been given proper direction. electronic message; 2. Talking into, dialing or listening on There being no further business, upon mo- an electronic communications device; tion the City Council adjourned at 8:32 p.m. 3. Holding an electronic communica- tions device to, or in the immediate /s/Jeanne F. Schneider, CMC proximity of, the person’s ear; or City Clerk 4. Manipulating an electronic commu- nications device to command or request access to an Internet site E. Subsection A shall not apply to: 1. Public safety personnel, law en- forcement officers, and operators of Book 140 Special Session, February 16, 2010 57 CITY OF DUBUQUE, IOWA if the number of Section 8 program vouchers is reduced, it is unlikely the number can be in- CITY COUNCIL creased in future years. Van Milligen stated OFFICIAL that he has frozen the issuance of new Section PROCEEDINGS 8 program vouchers and is recommending resources needed to make the system work more efficiently and other options will be con- The Dubuque City Council met in special sidered if the 900 cap on vouchers is not ma- session at 6:30 p.m. on February 16, 2010 in nageable. Community Development Advisory the Historic Federal Building. Commission Member Ann Michalski, 1520 Altura Street, expressed her concern over res- Present: Mayor Buol, Council Members cinding vouchers for the handicapped. Jenny Braig, Connors, Jones, Lynch, Resnick, Voet- Manders, 1990 Ellis Street, expressed her berg, City Manager Van Milligen concern over leaving unused funding “on the table” and the needs of the elderly. Van Milli- Mayor Buol read the call and stated this is gen stated that vouchers are not rescinded but a special session of the City Council called for processed on a preference point system. More the purpose of discussing various City depart- research is being done to define “disabled” to mental budgets. more readily serve applicants adding that there are other programs available in addition to Fiscal Year 2011 Departmental Budgets Section 8. Jerry Maro, 10366 Timothy Street, were presented by staff from the following City speaking on behalf of the Dubuque Landlords departments: Housing and Community Devel- Association, stated that landlords can benefit opment Department and public hearing for the from renters receiving Section 8 if they are Community Development Block Grant Annual genuinely in need of the program and added Action Plan, Planning Services Department, that the Association voted to support the City Economic Development Department, Parking Manager’s recommendation to place a freeze Division, and the Transit Division. City Council on issuing new vouchers and capping the had discussion with staff following each pres- number at 900. entation. Planning Services Department: Planning PUBLIC HEARING Services Manager Laura Carstens presented the Fiscal Year 2011 budget for this depart- Upon motion, the rules were suspended al- ment. Responding to questions from City lowing anyone present to address the City Council, Carstens stated that the City had re- Council. ceived a water trail grant and defined the pur- pose of the Certified Local Government con- 2011 Community Development Block tract, Section 106 Reviews and Phase VI Sur- Grant Annual Action Plan: Community Devel- veys as related to the request for funding of opment Specialist Aggie Tauke introduced the department’s one improvement package members of the Community Development Ad- request. visory Commission and presented the Com- munity Development Block Grant Fiscal Year Economic Development: Economic Devel- 2011 Annual Action Plan and budget. There opment Director Dave Heiar presented the were no public comments. Fiscal Year 2011 budget for this department. Connors, Jones, Braig, and Lynch agreed that Upon motion the rules were reinstated li- the requested improvement package providing miting discussion to the City Council. $25,000 to the Convention and Visitors Bureau to assist with expenses associated with the DEPARTMENTAL BUDGET REVIEW 2010 RAGBRAI should be reconsidered if funds are available at the end of the current Housing and Community Development fiscal year. CVB Director Keith Rahe stated Department: Housing and Community Devel- that RAGBRAI has a positive economic impact opment Department Director David Harris pre- on the community and explained that these sented the Fiscal Year 2011 budget for this funds are needed for assistance with police, department. Responding to questions from fire, trolleys, parking, fencing, security, etc. as City Council, Harris stated that the number of actual event expenses approach $85,000. Family Self-Sufficiency (FSS) program vouch- ers is workable. He stated that changes in the Parking Division: Parking Division Supervi- Section 8 program are already producing re- sor Tim Horsfield presented the Fiscal Year sults and that the Homeless Prevention and 2011 budget for this department. Responding Rapid Re-Housing program is being out- to questions from City Council, Horsfield stated sourced to Project Concern. Harris added that that expanding the Locust Street ramp main- 58 Special Session, February 24, 2010 Book 140 tenance shop will result in the loss of only two Purchase of Services parking stalls. Lighting in the same ramp will America’s River Corporation: Speaking be replaced with new, efficient lighting as part on behalf of the Corporation, Convention of a scheduled lighting upgrade. Horsfield will and Visitors Bureau Director Keith Rahe consider naming opportunities and signage for reviewed the America’s River Festival and the City’s parking facilities if so directed. spoke in favor of continued support. Res- ponding to questions from City Council, Transit Division: Transit Manager Jon Ro-Rahe stated that the America’s River Fes- docker presented the Fiscal Year 2011 budget tival has made a profit the last two years. for this department. City Council discussed Helping Services for Northeast Iowa: funding related to the RTA/Northeast Iowa Prevention Supervisor Claire Jones, 2728 Community College shuttle bus and combining Asbury Road, thanked the City Council for 2 part-time dispatcher positions into one full-continued support of the agency and de- time position. Cindy O’Bryon, 784 Carriage Hill scribed its purpose and budget. Drive, spoke in support of continued funding of Hills and Dales: Executive Director Ma- the shuttle for NICC on behalf of its students. rilyn Althof, 1011 Davis Street, thanked the RTA Director Mark Munson, 7600 Commerce City Council for continued support of the Drive, stated that the route has found a core agency and described its purpose. ridership and a Green Jobs grant through Opening Doors: Executive Director Mi- ECIA may possibly help fund their portion of chelle Brown, 1561 Jackson Street, the service in addition to rider fares and other thanked the City Council for continued RTA support. If NICC is unable to contribute support of the agency and described its their portion, the service may be discontinued. purpose. City Council discussed the benefits of the shut-Operation New View Community Action tle versus the City’s budget responsibility. Agency: Communication from Operation: New View Executive Director Tom Stovall There being no further business, upon mo-submitting the agency’s work plan, descrip- tion the City Council adjourned at 10:28 p.m. tion of programs, and budget information, and thanking the City Council for their sup- /s/Jeanne F. Schneider, CMC port. City Clerk Project Concern: Executive Director Nancy Lewis, 1789 Elm Street, thanked the City Council for continued support for its three programs: Child Care Referral, Fos- ter Grandparent Program, and Information CITY OF DUBUQUE, IOWA and Referral. Ms. Lewis described each CITY COUNCIL program’s purpose and budget. OFFICIAL Retired Senior Volunteer Program: Di- rector Deb Bell, 350 North Grandview Ave- PROCEEDINGS nue, thanked the City Council for continued support of the program and described its The Dubuque City Council met in special purpose, statistics and budget. session at 6:30 p.m. on February 24, 2010 in Substance Abuse Services Center, Ex- the Historic Federal Building. ecutive Director Diane Thomas, thanked the City Council for continued support and Present: Mayor Buol, Council Members described the Center’s purpose, statistics Braig, Connors, Jones, Resnick, Voetberg, and budget adding that the Center is cele- City Manager Van Milligen th brating its 35 anniversary. Washington Neighborhood Tool Li- Absent: Council Member Lynch brary: President Tom Oberhoffer, thanked the City Council for continued support stat- Mayor Buol read the call and stated this is ing that the Tool Library is 100 percent a special session of the City Council called for non-profit. the purpose of discussing various City depart- mental budgets. Carnegie-Stout Public Library: Library Di- rector Susan Henricks introduced the Library Fiscal Year 2011 Departmental Budgets Board of Trustees and staff and presented the were presented by staff from the following Fiscal Year 2011 budget for this department. Agencies and City departments: Purchase of Responding to questions from Mayor Buol, Services, Library, Health Services, and the Henricks stated that minimally improvement Fire Department. packages 1 and 2 are the most critical. Book 140 Special Session, February 24, 2010 59 Except for the reduction in Section 8 a possible property tax increase is the direct Vouchers and two police officer positions, result of the Library’s budget request. Guns Voetberg supported elimination of several added that she believes public funding of a General Fund recurring improvement pack-historically free facility is an essential respon- ages as recommended by the City Manager in sibility. order to fund Library requests 1b, 2, and 7. He added that he is in favor of funding some of Dana Livingston, 808 Lacey Court, stated the Library staffing issues and is willing to dis-he is not in favor of moving staff from other city cuss other cuts to avoid a property tax in-areas to assist the Library as noted in a recent crease. Mayor Buol stated that he could not Telegraph Herald article. Mr. Livingston sug- see where any cuts could be made as all gested exploring successful public/private col- packages relate to and support City Council laboration as evidenced elsewhere in the city. priorities. He added that there are no alternatives in the private sector to compare with the quality of Braig stated that she was in favor of fully materials and services as provided by the Li- funding the Library’s staffing needs and sup-brary. He suggested applying user fees and ported a property tax increase in order to do so alternative revenue sources. Buol noted that citing the reality of rising costs. Connors charging fees for Library services is prohibited agreed with Braig stating that Library staffing by the accreditation process. was a specific goal of the City Council. Budget Director Jenny Larson stated that Resnick stated that he supports the Library the proposal of an additional 1% property tax but is against a tax increase, hard choices increase would result in a $4.60/per year in- need to be made and questioned how essen-crease to the average homeowner. When tial some programs are. Resnick also ques-added to the original proposed property tax tioned the need for several programs and re-increase of 2.47% it would result in a total tax quests and whether the cost of expanding pro-increase of $18.22 for the average homeowner grams is more important than staffing the Li-with a home valued at $130,000. brary. Jones stated that should an additional one percent tax increase be agreed upon, the Health Services: Public Health Specialist budget is still to the citizens’ benefit. He stated Mary Rose Corrigan presented the Fiscal Year that generally rising costs have resulted in a 2011 budget for this department. Responding complicated budget, and he is not in favor of to a question from City Council, Corrigan cutting other programs. stated that the increase in coyote management costs is due to increased helicopter expenses Van Milligen stated the he will provide in-coupled with the differences in reimbursement formation on the effect of the Library’s request tags for harvested coyote. on the budget at the March 9 City Council meeting. Fire Department: Fire Chief Dan Brown in- troduced staff and presented the Fiscal Year Ann Michalski, 1520 Altura Street, spoke in 2011 budget for this department. There were favor of the Library’s staffing request stating no comments from City Council. that Library services have always been a Council priority and expressed concern over There being no further business, upon mo- cutting programs that seem to only impact low-tion the City Council adjourned at 8:46 p.m. income residents. Ms. Michalski stated she was in favor of a property tax increase. /s/Jeanne F. Schneider, CMC City Clerk Tom Welu, 2609 Broadway, spoke in favor of fully funding the Library comparing it to the importance of staffing the Police or Fire De- partments. Welu stated he was in favor of a property tax increase to help with all City ser- vices. Library Board of Trustees President Diann Guns, 1715 Diane Court, spoke in favor of the staffing request on behalf of the Library Board. Ms. Guns stated that while the Library has been creative in meeting its staffing needs, the issue has been placed too low on the priority list for too long. Ms. Guns stated that the Li- brary Board does not want the perception that 60 Regular Session, March 1, 2010 Book 140 CITY OF DUBUQUE, IOWA growth, and Historic Millwork District develop- ment; Acting Leisure Services Manager Pat CITY COUNCIL Prevenas – recreational programs; and Neigh- OFFICIAL borhood Development Specialist Jerelyn PROCEEDINGS O’Connor – Neighborhood Associations and development projects. The Dubuque City Council met in regular The City Council recessed from 8:00 p.m. session at 6:30 p.m. on March 1, 2010 in the to 8:03 p.m. Historic Federal Building. CONSENT ITEMS Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- Motion by Lynch to receive and file the berg, City Manager Van Milligen, City Attorney documents, adopt the resolutions, and dispose Lindahl of as indicated. Seconded by Resnick. Jones requested (#15) Citizen Communication from Mayor Buol read the call and stated this is William C. Fuerste be held for separate dis- a regular session of the City Council to act cussion. Motion carried 7-0. upon such business that may properly come before the City Council. Minutes and Reports Submitted: City Council of February 11, 15 and 16; Civil Ser- Pledge of Allegiance vice Commission of 12/11 and 2/16; Housing Commission of 1/26; Historic Preservation Invocation was provided by Dr. Reverend Commission of 2/18; Human Rights Commis- Winston Persaud of Wartburg Seminary. sion of 1/11; Long Range Planning Advisory Commission of 2/17; Park and Recreation PROCLAMATION Commission of 2/9 Library Board of Trustees Update from the Recognition of Lieutenant Scott Baxter Meeting of January 28 and Special Meeting of Proclamation was accepted by Lt. Baxter. February 11, 2010 Proofs of publication of City Council Pro- REPORT ON INITIATIVES TO ADDRESS ceedings of February 1, 8, 10, and 11, 2010 CRIME AND SAFETY Upon motion the documents were received and filed. Members of the Safe Community Task Force provided a slide presentation report of Notice of Claims/Suits: Hazel Curiel for ve- the Task Force’s progress and recommenda- hicle damage; Everett Corley for vehicle dam- tions. Task Force members spoke on the fol- age; Elmer Robinson for vehicle damage. lowing associated topics: Assistant City Attor- Upon motion the documents were received, ney Crenna Brumwell – Task Force history, filed and referred to the City Attorney. membership, neighborhood resource man- agement, recently modified ordinances, and City Attorney advising that the following landlord collaborations; Task Force Member claims have been referred to Public Entity Risk Lynn Sutton – 2010 Task Force recommenda- Services of Iowa, the agent for the Iowa Com- tions; Police Chief Mark Dalsing – Police De- munities Assurance Pool: Elmer Robinson for partment statistics, initiatives and partnerships; vehicle damage; Hazel Curiel for vehicle dam- Human Rights Director Kelly Larson – Human age. Upon motion the documents were re- Rights Department services; Housing and ceived, filed, and concurred. Community Development Director David Harris – Housing programs, enforcement, modifica- Deborah and Jeffrey Drive Drain Tile Pro- tion proposals, and successes; Washington gram: City Manager recommending accep- Neighborhood Corporation Executive Director tance of the Deborah and Jeffrey Drive Drain Angela Petsche – WNC history and focus Tile Program as completed by Top Grade Ex- areas; Sustainability Coordinator Cori Burbach cavating, Inc., in the final contract amount of – sustainability and related sustainable $44,407.74. Upon motion the documents were projects; Project HOPE Coordinator and Multi- received and filed and Resolution No. 57-10 Cultural Center Representative Alyssa Hauser Accepting the Deborah and Jeffrey Drive Drain – Bridges Out of Poverty, Getting Ahead in a Tile Project and authorizing payment of the Just-Getting-By World, Every Child/Every contract amount to the contractor was Promise and the Multi-Cultural Center’s history adopted. and programming; Economic Development Director Dave Heiar – Greater Dubuque De- velopment Corporation’s Dubuque Works, job Book 140 Regular Session, March 1, 2010 61 RESOLUTION NO. 57-10 tary Sewer and Water Main Extension Project ACCEPTING THE DEBORAH & JEFFREY were adopted. DRIVE DRAIN TILE PROJECT AND AU- THORIZING THE PAYMENT OF THE CON-RESOLUTION NO. 58-10 TRACT AMOUNT TO THE CONTRACTOR ACCEPTING THE OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION Whereas, the Public Improvement Contract PROJECT AND AUTHORIZING THE PAY- for the Deborah & Jeffrey Drive Drain Tile MENT OF THE CONTRACT AMOUNT TO Project (the Project) has been completed and THE CONTRACTOR the City Engineer has examined the work and filed a certificate stating that the Project has Whereas, the Public Improvement Contract been completed according to the terms of the for the Oak Grove Sanitary Sewer and Water Public Improvement Contract and that the City Main Extension Project (the Project) has been Engineer recommends that the Project be ac-completed and the City Engineer has ex- cepted. amined the work and filed a certificate stating NOW THEREFORE, BE IT RESOLVED that the Project has been completed according BY THE CITY COUNCIL OF THE CITY OF to the terms of the Public Improvement Con- DUBUQUE, IOWA: tract and that the City Engineer recommends Section 1. The recommendation of the City that the Project be accepted. 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 recommendation of the City Drain Tile Program appropriation for the con-Engineer is approved and the Project is hereby tract amount of $44,407.74 less any retained accepted. percentage provided for therein as provided in Section 2. The Finance Director is hereby Iowa Code chapter 573, and to pay such retai-directed to pay to the Contractor from the Oak nage only in accordance with the provisions of Grove Sanitary Sewer, Water Main Exten- Iowa Code chapter 573. sions, Special Assessments (Sanitary), Spe- st Passed, approved and adopted this 1 day cial Assessments (Water Main), and Special of March, 2010. Assessments (Water Service Line) appropria- Roy D. Buol, Mayor tions for the contract amount of $128,564.81 Attest: Jeanne F. Schneider, CMC, City Clerk less any retained percentage provided for therein as provided in Iowa Code chapter 573, CITY ENGINEER’S CERTIFICATE OF FI- and to pay such retainage only in accordance NAL COMPLETION OF THE DEBORAH & with the provisions of Iowa Code chapter 573. JEFFREY DRIVE DRAIN TILE PROJECT Passed, approved and adopted this 1st The undersigned City Engineer of the City day of March, 2010. of Dubuque, Iowa, hereby certifies that he has Roy D. Buol, Mayor inspected the Deborah & Jeffrey Drive Drain Attest: Jeanne F. Schneider, CMC, City Clerk Tile Project, that the Project has been per- CITY ENGINEER’S CERTIFICATE OF FINAL formed in compliance with the terms of the COMPLETION OF THE OAK GROVE SANI- Public Improvement Contract, and that the TARY SEWER AND WATER MAIN EXTEN- total cost of the completed work is $48,407.74. rd SION PROJECT Dated this 23 day of February, 2010. Gus Psihoyos, City Engineer The undersigned City Engineer of the City th Filed in the office of the City Clerk on the 25 of Dubuque, Iowa, hereby certifies that he has day of February, 2010. inspected the Oak Grove Sanitary Sewer and Jeanne F. Schneider, CMC, City Clerk Water Main Extension Project, that the Project has been performed in compliance with the Oak Grove Sanitary Sewer and Water terms of the Public Improvement Contract, and Main Extension Project: City Manager recom-that the total cost of the completed work is mending acceptance of the Oak Grove Sanita-$146,463.58. ry Sewer and Water Main Extension Project as Dated this 23rd day of February, 2010. completed by Drew Cook and Sons Excavat-Gus Psihoyos, City Engineer th ing Co., Inc. in the final contract amount of Filed in the office of the City Clerk on the 25 $128,564.81. Upon motion the documents day of February, 2010. were received and filed and Resolution No. 58-Jeanne F. Schneider, CMC, City Clerk 10 Accepting the Oak Grove Sanitary Sewer RESOLUTION NO. 59-10 and Water Main Project and authorizing pay- ADOPTING THE FINAL ASSESSMENT ment of the contract amount to the contractor SCHEDULE FOR THE OAK GROVE SANI- and Resolution No. 59-10 Adopting the final TARY SEWER AND WATER MAIN EXTEN- assessment schedule for the Oak Grove Sani- SION PROJECT 62 Regular Session, March 1, 2010 Book 140 OAK GROVE NOW, THEREFORE, BE IT RESOLVED SANITARY SEWER AND WATER MAIN FI- BY THE CITY COUNCIL OF THE CITY OF NAL SCHEDULE OF VALUATION AND DUBUQUE, IOWA: PROPOSED ASSESSMENTS After full consideration, the Final Schedule of Assessments as shown on the attached The following schedule is hereby deter- sheet(s), Page 1 to Page 1 inclusive is hereby mined to show each lot proposed to be as- approved for the Oak Grove Sanitary Sewer sessed for the improvement shown in the title and Water Main Extension Project. together with the amount proposed to be as- There is hereby assessed and levied as a sessed against each lot and the valuations special tax against and upon each of the bene-shown opposite each lot are hereby fixed as fited properties, the respective sums indicated. true valuations of such lots by the city council The amounts shown in said Final Schedule of of the City of Dubuque, Iowa. The assess- Assessments as deficiencies are found to be ments and connection fees are for one con- proper and levied conditionally against the nection only; An additional connection charge respective properties benefited by the im-will be calculated and collected prior to any lot provements as shown in the Final Schedule of not legally described herein, including lots Assessments, subject to the provisions of Iowa created through the re-platting of the lots iden- Code § 384.63. Said assessments against tified herein, connecting to the sanitary sewer said lots are hereby declared to be in propor-or water main. OWNER, MAILING ADDRESS, LEGAL DE- tion to the special benefits conferred and not in SCRIPTION, GROSS ASSESSMENT, VALU- excess of twenty-five percent of the value of ATION, VALUATION w/IMPROVEMENT, same. DEFICIENCY ASSESSMENT, SEWER AS- The City Clerk be and is hereby directed to SESSMENT, WATER MAIN ASSESSMENT, certify the Final Schedule of Assessments to WATER SERVICE ASSESSMENT, TOTAL the County Treasurer of Dubuque County, NET ASSESSMENT, SEWER CONNECTION Iowa, and to publish notice of said certification FEE once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, Errthum, Allen N. & Carol A, 10 Oak Grove the first publication of which shall be not more Drive, Dubuque, IA 52002, Lot 8 Blk 1 Fischer than fifteen days from the date of filing of the Heights, $10,824.22, $106,300.00, Final Schedule of Assessments. On or before $118,913.64, $0.00, $9,064.02, $704.00, the date of the second publication of the no-$1,056.20, $10,824.22; tice, the City Clerk shall also mail a copy of Weis, Leonard J, 20 Oak Grove Drive, Du- said notice to property owners whose property buque, IA 52002, Lot 7 Blk 1 Fischer Heights, is subject to assessment, as provided in Iowa $11,193.82, $114,500.00, $127,201.64, $0.00, Code § 384.60. $9,064.02, $792.00, $1,337.80, $11,193.82; The assessments may be paid in full or in Latham, Wm. L. & Leanore A., 35 Oak part without interest at the office of the City Grove Drive, Dubuque, IA 52002, Lot 4 & Lot 5 Treasurer, City Hall, 50 W. 13th Street, Dubu-Blk 1 Fischer Heights, $11,681.12, que, Iowa, at any time within 30 days after the $108,900.00, $123,379.79, $0.00, $9,064.02, date of the first notice of the Final Schedule of $1,596.10, $1,021.00, $11,681.12; Assessments. Thereafter, unpaid assessments Atkinson, Terry L., 2665 White Street, Du- of $100.00 or more are payable in 10 annual buque, IA 52001, Lot 6 Blk 1 Fischer Heights, installments at the County Treasurer’s Office, $11,174.02, $105,200.00, $117,901.64, $0.00, Dubuque County Courthouse, 720 Central $9,064.02, $825.00, $1,285.00, $11,174.02; Avenue, Dubuque, Iowa, and will draw annual Duddeck, Richard & Yvonne E & L. E. interest at nine percent (9%) computed to De-Duddeck, Carl & Martha, 55 Oak Grove Drive, cember 1 next following the due dates of the Dubuque, IA 52002, Lot 1-2-1-2 Dubuque respective installments as provided in Section Homes Center Grove Place, $11,332.42, 384.65 of the Code of Iowa. Each installment $93,700.00, $106,401.64, $0.00, $9,064.02, will be delinquent from October 1 following its $825.00, $1,443.40, $11,332.42; due date on July 1 of each year. However, Wernimont, Vincent B., 65 Oak Grove when the last day of September is a Saturday Drive, Dubuque, IA 52002, Lot 1-1-1-1-2 Du- or Sunday, that amount shall be delinquent buque Homes Center Grove Place, from the second business day of October. De-$12,755.82, $111,100.00, $123,801.64, $0.00, linquent installments will draw the same delin-$9,064.02, $1,210.00, $2,481.80, $12,755.82; quent interest as ordinary taxes. Property Lehrman, Arthur C. Jr. & Marie, 2341 owners may elect to pay any annual install-Spruce Wood Drive, Dubuque, IA 52002, PT ments semi-annually in advance. Lot 1, Lot 2, & Lot 3 Blk 1 Fischer Heights, Passed, approved and adopted this 1st $2,242.00, $13,400.00, $15,711.62, $0.00, day of March, 2010. $0.00, $1,590.60, $651.40, $2,242.00, Roy D. Buol, Mayor $9,064.02; Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, March 1, 2010 63 TOTALS: $71,203.44, $0.00, $54,384.14, transmitting City staff’s comments in response $7,542.70, $9,276.60, $71,203.44, $9,064.02 to the U.S. Environmental Protection Agency’s (EPA) Notice regarding Stakeholder Input on City Development Board: Notice of public Stormwater Management. Upon motion the hearing from the City Development Board in documents were received and filed. the matter of the City of Asbury voluntary an- nexation including non-consenting owners Request for Proposals – Transit Bus Wrap within the urban area of the City of Dubuque. Advertisement: City Manager recommending Upon motion the documents were received rejection of the only bid received in response and filed. to a Request for Proposals for bus wrap adver- tisement and authorize a re-initiation of the Urban Forest Evaluation Proposals: City Request for Proposals. Upon motion the doc- Manager recommending approval of the selec-uments were received, filed, and approved. tion of Confluence as the City’s consultant for the Urban Forest Evaluation project and that Mediacom: Communication from Lee City staff be authorized to negotiate a contract Grassley, Mediacom Senior Manager – Gov- for services. Upon motion the documents were ernment Relations, advising that two channels received, filed, and approved. will be added to the digital line-up on or about March 3, 2010. Upon motion the document Miller Riverview Park – Management was received and filed. Agreement: City Manager recommending ap- proval of the Management Agreement for Citizen Communication: Communication camping at Miller Riverview Park with Kenneth from William C. Fuerste, 1360 South Grand- M. Clayton. Upon motion the documents were view Avenue, commending the City’s refuse received, filed, and approved. collection service. Motion by Jones to receive and file the document. Seconded by Resnick. Bunker Hill Golf Course – Management Motion carried 7-0. Agreement: City Manager recommending ap- proval of a Management Agreement with Iowa Governor’s Traffic Safety Grants: City G.M.S., Inc. (George Stephenson) for the Manager recommending approval of two Iowa Bunker Hill Golf Course for the period begin-Governor’s Traffic Safety Bureau grant appli- ning March 1, 2010 and ending November 30, cations. Upon motion the documents were 2010. Upon motion the documents were re-received, filed, and approved. ceived, filed, and approved. Electric Franchise Fee Resolutions: City Lead Poisoning Prevention Program Eval-Attorney recommending adoption of two reso- uation: City Manager transmitting information lutions to correct a typographical error in two of regarding the Health Services Department’s the resolutions approving the Revenue Pur- participation in the Centers for Disease Control pose Statements for the amendments to the and Prevention (CDC) / Harvard School of electric franchise fees. Upon motion the doc- Public Health program evaluation for the City’s uments were received and filed and Resolution Childhood Lead Poisoning Prevention Pro-No. 60-10 Amending Resolution No. 28-10 gram. Upon motion the documents were re-which approved a Revenue Purpose State- ceived and filed. ment for the use or expenditure of electric franchise fee revenues from the sale of elec- Fiscal Year 2011 – 2015 Capital Improve-tricity by Alliant Energy within the City of Du- ment Program: Communication from the Long buque; and Resolution No. 61-10 Amending Range Planning Advisory Commission finding Resolution No. 30-10 which approved a Reve- that the Fiscal Year 2011 – 2015 Capital Im-nue Purpose Statement for the use or expendi- provement Program is consistent with the ture of electric franchise fee revenues from the 2008 Dubuque Comprehensive Plan. Upon sale of electricity by Maquoketa Valley Elec- motion the document was received and filed. trical Cooperative within the City of Dubuque were adopted. Fiscal Year 2011 – 2015 Consolidated RESOLUTION NO. 60-10 Plan: Communication from the Long Range AMENDING RESOLUTION NO. 28-10 Planning Advisory Commission finding that the WHICH APPROVED A REVENUE PURPOSE Fiscal Year 2011 – 2015 Consolidated Plan is STATEMENT FOR THE USE OR EXPENDI- consistent with the 2008 Dubuque Compre- TURE OF ELECTRIC FRANCHISE FEE hensive Plan. Upon motion the document was REVENUES FROM THE SALE OF ELEC- received and filed. TRICITY BY ALLIANT ENERGY WITHIN THE CITY OF DUBUQUE Response to EPA Notice Regarding Stormwater Management: City Manager 64 Regular Session, March 1, 2010 Book 140 st Whereas, Resolution No. 28-10 adopted by Passed, approved and adopted the 1 day st the City Council on the 1 day of February, of March, 2010. 2010 approved a Revenue Purpose Statement Roy D. Buol, Mayor for the use or expenditure of electric franchise Attest: Jeanne F. Schneider, CMC, City Clerk fee revenues from the sale of electricity by Alliant Entergy within the city of Dubuque; and Request to FEMA to Change Flood Insur- Whereas, Resolution No. 28-10 contained ance Rate Map: City Manager recommending a typographical error. approval of a letter to be submitted to the Fed- NOW, THEREFORE, BE IT RESOLVED eral Emergency Management Agency (FEMA) BY THE CITY COUNCIL OF THE CITY OF requesting removal of the new flood areas, DUBUQUE, IOWA: and additional correspondence from impacted The last paragraph of Resolution No. 28-10 property owners. Upon motion the documents is amended to read as follows: were received, filed, and approved. Pursuant to the provisions of Iowa Code Section 364.2(4)(f), the City Council Civil Service Commission: Civil Service hereby establishes the following purposes Commission submitting the certified lists for for which franchise fee revenues from its the positions of Police Lieutenant, Police Cap- electric franchise with Alliant Energy may tain, Assistant Fire Chief, Fire Captain, Assis- be used or expended: tant Fire Marshal, EMS Supervisor and Fire Property tax relief. The City will use Lieutenant. Upon motion the documents were 100% of the revenue collected from the 1% received, filed and made a Matter of Record. increase in the electric franchise fee for property tax relief. February 24, 2010 st Passed, approved and adopted the 1 day Honorable Mayor and of March, 2010. Members of the City Council Roy D. Buol, Mayor In accordance with Chapter 400 of the Attest: Jeanne F. Schneider, CMC, City Clerk Code of Iowa, a written examination for the position of Police Captain was conducted on RESOLUTION NO. 61-10 August 11, 2009, with oral interviews being AMENDING RESOLUTION NO. 30-10 conducted on February 18 – 19, 2010. We WHICH APPROVED A REVENUE PURPOSE hereby certify that the individuals listed below STATEMENT FOR THE USE OR EXPENDI- have passed this examination and vacancies TURE OF ELECTRIC FRANCHISE FEE for this position should be made from this list REVENUES FROM THE SALE OF ELEC- and that this list is good for two (2) years from TRICITY BY MAQUOKETA VALLEY ELEC- above date. TRIC COOPERATIVE WITHIN THE CITY OF DUBUQUEPOLICE CAPTAIN Whereas, Resolution No. 30-10 adopted by James Lembke, Scott Baxter, Steven East- the City Council on the 1st day of February, vedt, Jeremy Jensen, Abigail Simon, Kevin 2010 approved a Revenue Purpose Statement Klein, Steven Radloff, Martin Steil, Christopher for the use or expenditure of electric franchise Gorrell, David Haupert fee revenues from the sale of electricity by Respectfully submitted, Maquoketa Valley Electric Cooperative within Dan White, Chairperson the city of Dubuque; and Betty Takes, Whereas, Resolution No. 30-10 contained Civil Service Commission a typographical error. NOW, THEREFORE, BE IT RESOLVED February 24, 2010 BY THE CITY COUNCIL OF THE CITY OF Honorable Mayor and DUBUQUE, IOWA: Members of the City Council The last paragraph of Resolution No. 30-10 In accordance with Chapter 400 of the is amended to read as follows: Code of Iowa, a written examination for the Pursuant to the provisions of Iowa position of Police Lieutenant was conducted Code Section 364.2(4)(f), the City on August 25, 2009, with oral interviews being Council of the City of Dubuque here-conducted on February 16 – 17, 2010. We by establishes the following purposes hereby certify that the individuals listed below for which the franchise fee revenues have passed this examination and vacancies from its electric franchise with Maqu-for this position should be made from this list oketa Valley Electric Cooperative and that this list is good for two (2) years from may be used or expended: above date. Property tax relief. The City will POLICE LIEUTENANT use 100% of the revenue collected from the 1% increase in the electric Joseph Messerich, Kurt Horch, Martin Steil, franchise fee for property tax relief. Steven Olson, Christopher Gorrell, Steven Book 140 Regular Session, March 1, 2010 65 Eastvedt, Brad Shannon, D. Brendan Welsh, February 24, 2010 Travis Kramer, Danielle Basten Honorable Mayor and Respectfully submitted, Members of the City Council Dan White, Chairperson In accordance with Chapter 400 of the Betty Takes, Code of Iowa, an examination for the position Civil Service Commission of EMS Supervisor was conducted on Febru- ary 10, 2010. We hereby certify that the fol- February 24, 2010 lowing individuals have passed this written Honorable Mayor and examination and the vacancy for this position Members of the City Council should be made from this list and that this list In accordance with Chapter 400 of the is good for two (2) years from above date. Code of Iowa, an examination for the position EMS SUPERVISOR of Assistant Fire Chief was conducted on Jan- uary 27, 2010. We hereby certify that the fol-David McQuiggin, Kevin Esser, David Grass, lowing individuals have passed this written Bruce Miller examination and the vacancy for this position Respectfully submitted, should be made from this list and that this list Dan White, Chairperson is good for two (2) years from above date. Betty Takes, Civil Service Commission ASSISTANT FIRE CHIEF Phil Arensdorf, Larry Ewert, Joseph Blodgett February 24, 2010 Respectfully submitted, Honorable Mayor and Dan White, Chairperson Members of the City Council Betty Takes, In accordance with Chapter 400 of the Civil Service Commission Code of Iowa, an examination for the position of Fire Lieutenant was conducted on January February 24, 2010 27, 2010. We hereby certify that the following Honorable Mayor and individuals have passed this written examina- Members of the City Council tion and the vacancy for this position should be In accordance with Chapter 400 of the made from this list and that this list is good for Code of Iowa, an examination for the position two (2) years from above date. of Fire Captain was conducted on February 3, FIRE LIEUTENANT 2010. We hereby certify that the following individuals have passed this written examina-Jeffrey Powers, Dennis Bradley, Daniel Schus- tion and the vacancy for this position should be ter, David Beaves, James Abitz, Morgan Eitter, made from this list and that this list is good for David McQuiggin, Derek Paulson two (2) years from above date. Respectfully submitted, Dan White, Chairperson FIRE CAPTAIN Betty Takes, Michael Burds, Kevin Esser, Robert Lange, Civil Service Commission David McQuiggin Respectfully submitted, Business License Refunds: Request of Dan White, Chairperson Jack Thompson, Oky Doky #6, for a refund of Betty Takes, Beer and Liquor License #LE0000442 in the Civil Service Commission amount of $100.00. February 24, 2010 Request of Patrick O’Clock, The Riviera Honorable Mayor and Lounge, for a refund of Cigarette License Members of the City Council #DBQ-067 in the amount of $75.00. In accordance with Chapter 400 of the Upon motion the documents were re- Code of Iowa, an examination for the position ceived, filed, and approved. of Assistant Fire Marshal was conducted on February 3, 2010. We hereby certify that the Liquor License Applications: City Manager following individuals have passed this written recommending approval of annual liquor li- examination and the vacancy for this position cense renewals as submitted. Upon motion the should be made from this list and that this list documents were received and filed and Reso- is good for two (2) years from above date. lution No. 62-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee #3 and Hy- ASSISTANT FIRE MARSHAL Vee Gas #3; and Resolution No. 63-10 Grant- Kevin Esser, Jesse Coulson ing the issuance of a Class “C” Beer/Liquor Respectfully submitted, License to Ground Round Restaurant, Mysti- Dan White, Chairperson que Casino and Yardarm Restaurant; a Spe- Betty Takes, cial Class “C” Liquor License to Mindframe Civil Service Commission Theaters; a Class “B” Wine Permit to Hy-Vee 66 Regular Session, March 1, 2010 Book 140 #3; and a Class “WBN” Native Wine License to Jerry Anderson, Bluff Street Brew Haus, Hy-Vee Gas #3 and Bluff Street Brew Haus 372 Bluff Street were adopted. Passed, approved and adopted this 1st day of March, 2010 RESOLUTION NO. 62-10 Roy D. Buol, Mayor Whereas, applications for Beer Permits Attest: Jeanne F. Schneider, CMC, City Clerk have been submitted and filed to this Council ITEMS TO BE SET FOR PUBLIC HEARING for approval and the same have been ex- amined 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 Ordinances of the City and lic hearings as indicated, and direct the City have filed proper bonds. Clerk to publish notice as prescribed by law. NOW, THEREFORE, BE IT RESOLVED Seconded by Jones. Motion carried 7-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Request to Rezone – Historic Millwork Dis- That the Manager be authorized to cause trict: City Manager recommending that a public to be issued the following named applicants a hearing be set for March 15, 2010 to consider Beer Permit. a request from the City of Dubuque to rezone th CLASS “C” BEER PERMIT property located south of 12 Street, east of Hy-Vee, Inc., Hy-Vee # 3 +(Sunday Sale), White Street and west of Highway 61/151 from 400 Locust Street C-4 Downtown Commercial and HI Heavy In- Hy-Vee, Inc., Hy-Vee Gas # 3 +(Sunday dustrial District to PUD Planned Unit Devel- Sale), 300 Locust Street opment District with a PC Planned Commercial Passed, approved and adopted this 1st designation for the Historic Millwork District day of March, 2010 PUD. Upon motion the documents were re- Roy D. Buol, Mayor ceived and filed setting a public hearing for a Attest: Jeanne F. Schneider, CMC, City Clerk meeting to commence at 6:30 p.m. on March 15, 2010 in the Historic Federal Building. RESOLUTION NO. 63-10 Whereas, applications for Liquor Licenses Vacating Petition – Seippel Road: City have been submitted to this Council for ap-Manager recommending that a public hearing proval and the same have been examined and be set for March 15, 2010 to consider a re- approved; and quest from Toby Kress, representing Kress Whereas, the premises to be occupied by Industrial Facility, LLC, to vacate and release such applicants were inspected and found to excess right-of-way easement along Seippel comply with the State Laws and all City Ordin-Road. Upon motion the documents were re- ances relevant thereto and they have filed ceived and filed and Resolution No. 64-10 proper bonds. Resolution of intent to dispose of interest and NOW, THEREFORE, BE IT RESOLVED vacate roadway easement over Lot 1 of Seip- BY THE CITY COUNCIL OF THE CITY OF pel Road Commercial Park Plat 3 in the City of DUBUQUE, IOWA: Dubuque, Dubuque County, Iowa, was That the Manager be authorized to cause adopted setting a public hearing for a meeting to be issued the following named applicants a to commence at 6:30 p.m. on March 15, 2010 Liquor License. in the Historic Federal Building. CLASS “C” BEER/LIQUOR LICENSE RESOLUTION NO. 64-10 Jamis, LLC, Ground Round Restaurant RESOLUTION OF INTENT TO DISPOSE OF +(Sunday Sale), 50 JFK Road INTEREST AND VACATE ROADWAY EA- Dubuque Racing Association, Mystique SEMENT OVER LOT 1 OF SEIPPEL ROAD Casino, +(Sunday/Outdoor Sale), 1855 Grey- COMMERCIAL PARK PLAT 3 IN THE CITY hound Road OF DUBUQUE, DUBUQUE COUNTY, IOWA The Yardarm, Inc., Yardarm Rest+(Sunday/Outdoor Sale), 1201 Shiras Whereas, Kress Industrial Facility, LLC is Ave. Ext. the current owner of Lot 1 of Seippel Road SPECIAL CLASS “C” LIQUOR LICENSE Commercial Park Plat 3 in the City of Dubu- Mindframe MultiMedia, LLC, Mindframe que, Dubuque County, Iowa; and Theaters +(Sunday Sale), 555 JFK Road Whereas, an easement for public highway CLASS “B” WINE is currently platted on said lot; and Hy-Vee, Inc., Hy-Vee # 3, 400 Locust Whereas, Kress Industrial Facility, LLC has Street petitioned to vacate the excess roadway CLASS “WBN” NATIVE WINE easement in said lot. Hy-Vee, Inc., Hy-Vee Gas # 3, 300 Locust Street Book 140 Regular Session, March 1, 2010 67 NOW THEREFORE, BE IT RESOLVED Section 1. That the City of Dubuque in- BY THE CITY COUNCIL OF THE CITY OF tends to dispose of its interest in the following DUBUQUE, IOWA: legally-described property: Section 1. That the City of Dubuque in-Lot Two (2) of Lot Eighty-Six (86) in tends to dispose of its interest and vacate East Dubuque Addition in the City of excess roadway easement for public highway Dubuque, County of Dubuque, Iowa, over Lot 1 of Seippel Road Commercial Park according to the recorded Plat the- Plat 3 in the City of Dubuque, Dubuque Coun-reof, at the cost of One hundred two ty, Iowa, as shown on the attached Exhibit A. thousand dollars. ($102 000). Section 2. That the City Clerk be and is he-Section 2. That the City of Dubuque pro- reby authorized and directed to cause a notice poses to dispose of its interest in the above of intent to be published as prescribed under described real estate to Christina Krier. Section 364.7 Code of Iowa, 1999 or Section 3. That this Council meet in the amended. Historic Federal Building Council Chambers, th Passed, approved and adopted this 1st 350 West 6 Street, Dubuque, Iowa, at 6:30 day of March, 2010. p.m. on the 15th of March, for the purpose of Roy D. Buol, Mayor holding a public hearing and taking final action Attest: Jeanne F. Schneider, CMC, City Clerk on the disposition of the above described real estate in the City of Dubuque, Iowa. Sale of Property – 1699 Washington Section 4. That the City Clerk be and she Street: City Manager recommending that a is hereby authorized and directed to cause a public hearing be set for March 15, 2010 to notice of such public hearing and the City consider the sale of real estate located at 1699 Council’s intent to dispose of such property to Washington Street to Christina Krier as part of be published as prescribed under Iowa Code the Neighborhood Stabilization program. Upon Section 364.7. motion the documents were received and filed Passed, approved and adopted this 1st day of and Resolution No. 65-10 Resolution of intent March, 2010. to dispose of City-owned property, specifically, Roy D. Buol, Mayor Lot Two of Lot Eighty-Six in East Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk Addition in the City of Dubuque, County of BOARDS/COMMISSIONS Dubuque, Iowa, according to the recorded plat thereof – 1699 Washington Street was adopted setting a public hearing for a meeting Applicants were invited to address the City to commence at 6:30 p.m. on March 15, 2010 Council regarding their desire to serve on the in the Historic Federal Building. following Boards/Commissions: Civil Service Commission. One 4-year term through April 6, RESOLUTION NO. 65-10 2014 (Term of Schilling). Applicants: Tom RESOLUTION OF INTENT TO DISPOSE OF Rawson, 2310 Knob Hill Drive; and Jim Schil- CITY-OWNED PROPERTY, SPECIFICALLY, ling, 3283 Bittersweet Lane. Mechanical LOT TWO (2) OF LOT EIGHTY-SIX (86) IN Board: Two 3-year terms through March 16, EAST DUBUQUE ADDITION IN THE CITY 2013 (Terms of Kelly, Papin and Bandy). Ap- OF DUBUQUE COUNTY OF DUBUQUE, plicants: Michael Kelly, 2875 Timber Line IOWA, ACCORDING TO THE RECORDED Drive; and Paul Papin, 2955 Jackson Street. PLAT THEREOF – 1699 WASHINGTON Zoning Board of Adjustment: One 5-year term STREET through March 25, 2015 (Term of Ruden). Ap- Whereas, the City acquired the property at plicants: Ryan Anglese, 2752 Carlton Avenue; 1699 Washington Street for the purpose of its and Michael Ruden, 3256 Arrowwood Lane. rehabilitation and re-sale for owner-occupied PUBLIC HEARINGS housing; and Whereas, the City has received an offer to purchase this property from a qualifying Upon motion the rules were suspended al- household; and lowing anyone present to address the City Whereas, such purpose supports the Council. Washington Neighborhood revitalization strat- egy as approved by the City Council; and Lease Agreement – Dubuque Bruisers Whereas, a qualifying home buyer has Football: Proof of publication of notice of public signed an offer to purchase and has obtained hearing to consider a lease agreement with financing from a local lender: Dubuque Bruisers Football for a section of NOW, THEREFORE, BE IT RESOLVED Roosevelt Park and City Manager recom- BY THE CITY COUNCIL OF THE CITY OF mending approval. Motion by Voetberg to re- DUBUQUE, IOWA: ceive and file the documents and adopt Reso- lution No. 66-10 Disposing of an interest in real property by lease agreement with Dominick 68 Regular Session, March 1, 2010 Book 140 Locascio, Owner, Dubuque Bruisers Football. NOW THEREFORE, BE IT RESOLVED Seconded by Braig. Van Milligen stated that BY THE CITY COUNCIL OF THE CITY OF the parking and road would be the responsibili-DUBUQUE, IOWA: ty of Dubuque Bruisers Football. Motion car-That the proposed plans, specifications, ried 7-0. form of contract and estimated cost for the thth Utility Relocation Project – 9 to 10 Street: RESOLUTION NO. 66-10 Sanitary Sewer, 20-Inch Transmission Water- DISPOSING OF AN INTEREST IN REAL main and Fiber Optic Conduit, in the estimated PROPERTY BY LEASE AGREEMENT WITH amount $821,422.50, are hereby approved. st DOMINICK LOCASCIO, OWNER, DUBUQUE Passed, adopted and approved this 1 day BRUISERS FOOTBALL of March, 2010. Whereas, the City of Dubuque, Iowa (City) is Roy D. Buol, Mayor the owner of the Premises shown on Exhibit A Attest: Jeanne F. Schneider, CMC, City Clerk of the Lease, all in Dubuque County, Iowa; and Whereas, Dominick Locascio, Owner, Du-Upon motion the rules were reinstated li- buque Bruisers Football (Team) desires to miting discussion to the City Council. lease the Premises to operate a semi-pro foot- ACTION ITEMS ball team, as set forth in the Lease Agreement attached hereto; and Whereas, on March 1, 2010, the City Council Liquor License Renewal Application – pursuant to notice published as required by law Players Sports Bar: City Manager recommend- held a public hearing on its intent to dispose of ing disapproval of the liquor license renewal the foregoing interest in the Premises and application of Players Sports Bar located at overruled all objections thereto; and 1902 Central Avenue. Motion by Jones to re- Whereas, the City Council finds that it is in ceive and file the documents, including the the best interest of the City to approve the attachments and material submitted by Attor- disposition of such interest in the Premises. ney Todd Klapatauskas, and concur with the NOW, THEREFORE, BE IT RESOLVED BY disapproval. Seconded by Lynch. Police Chief THE CITY COUNCIL OF THE CITY OF Mark Dalsing provided a slide presentation DUBUQUE, IOWA: outlining the issues prompting the recommen- Section 1. The City Council of the City of dation. Attorney Todd Klapatauskas, Dubuque approves the disposition of the City’s representing Players Sports Bar owners Dave interest in the foregoing-described Premises by and Natalie Lorenz, provided a verbal rebuttal. lease to Dominick Locascio, Owner, Dubuque Van Milligen provided additional information in Bruisers Football. response to Mr. Klapatauskas’ remarks. Mo- Section 2. The Mayor is hereby authorized tion carried 7-0. and directed to sign this Resolution and the Lease Agreement. Historic Preservation Commission – 3040 Passed, approved and adopted this 1st day Elm Street: Communication from the Historic of March, 2010. Preservation Commission recommending that Roy D. Buol, Mayor the City Council not remove 3040 Elm Street Attest: Jeanne F. Schneider, CMC, City Clerk from the Brewery Conservation District as re- quested by Kane, Norby and Reddick P.C. on thth Utility Relocation Project – 9 to 10 behalf of LK Development and Storage. Motion Street: Proof of publication on notice of public by Braig to receive and file the documents and hearing to consider approval of the plans and concur with the recommendation. Seconded specifications, form of contract and estimated by Connors. Assistant City Attorney Crenna th cost for the Utility Relocation Project – 9 to Brumwell stated that the owners are receiving th 10 Street and City Manager recommending an economic return and thereby meeting the approval. Motion by Connors to receive and requirements of the District adding that Demo- file the documents and adopt Resolution No. lition by Neglect proceedings are pending. 67-10 Approval of plans, specifications, form of Planning Services Manager Laura Carstens contract, and estimated cost, for the Utility stated that the Building Services Department is thth Relocation Project – 9 to 10 Street. addressing building code and safety issues Seconded by Braig. Motion carried 7-0. with the owners who have started the preser- vation process. Motion carried 7-0. RESOLUTION NO. 67-10 APPROVAL OF PLANS, SPECIFICATIONS, Expanded Study on Crime and Poverty – FORM OF CONTRACT, AND ESTIMATED Request for Proposals: City Manager recom- COST FOR THE UTILITY RELOCATION mending approval of the issuance of a Re- THTH PROJECT – 9 TO 10 STREET: SANITA- quest for Proposals to conduct an expanded RY SEWER, 20-INCH TRANSMISSION WA- study on crime and poverty. Motion by Jones TERMAIN AND FIBER OPTIC CONDUIT to receive and file the documents and approve Book 140 Regular Session, March 1, 2010 69 the recommendation. Seconded by Lynch. Section 2. That the City Manager is hereby Motion carried 7-0. authorized and directed to execute an Incen- tive Agreement with B&C Cathedral Develop- Analysis of Impediments to Fair Housing: ment, LLC. st Communication from the Long Range Planning Passed, approved and adopted this 1 day Advisory Commission advising that the Fiscal of March, 2010. Year 2011 – 2015 Analysis of Impediments to Roy D. Buol, Mayor Fair Housing is consistent with the 2008 Du-Attest: Jeanne F. Schneider, CMC, City Clerk buque Comprehensive Plan. Motion by Braig to receive and file the documents. Seconded Request for Proposals – FEMA Flood Plain by Jones. Motion carried 7-0. Mapping: City Manager recommending ap- proval of the issuance of a Request for Pro- Second Recommendation for Downtown posals (RFP) to retain consultant services for Housing Incentive Award: City Manager re-map revisions to the FEMA Flood Plain Map. commending approval for staff to negotiate a Motion by Jones to receive and file the docu- loan agreement in the amount of $226,000 ments and approve the recommendation. with B&C Cathedral Development, LLC, for Seconded by Lynch. Motion carried 7-0. creation of 24 market rate housing units to be located at 205 Bluff Street. Motion by Voetberg Outdoor Warning Siren Activation Protocol: to receive and file the documents and adopt City Manager recommending adoption of the Resolution No. 68-10 Approving an award to B Outdoor Warning Siren Activation Protocol, as & C Cathedral Development, LLC from the established by the Davenport office of the Na- Downtown Housing Incentive Pool to create tional Weather Service. Motion by Jones to new market-rate housing units within the receive and file the documents and approve Greater Downtown Urban Renewal District. the recommendation. Seconded by Voetberg. Seconded by Jones. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 68-10 Water Pollution Control Plant Design: City APPROVING AN AWARD TO B&C CATHE- Manager recommending approval for Strand DRAL DEVELOPMENT, LLC FROM THE Associates to submit the design for the Water DOWNTOWN HOUSING INCENTIVE POOL Pollution Control Plant upgrades to the Iowa TO CREATE NEW MARKET-RATE HOUS- Department of Natural Resources for review, ING UNITS WITHIN THE GREATER DOWN- and further authorize City staff to complete and TOWN URBAN RENEWAL DISTRICT submit the application for a construction per- Whereas, the City of Dubuque has been mit. Motion by Connors to receive and file the successful in encouraging job creation and documents and approve the recommendation. retention in the community for several years; Seconded by Braig. Water Pollution Control and Plant Manager Jonathon Brown recognized Whereas, many of the City of Dubuque’s staff and introduced Randy Wirtz of Strand new residents have a strong desire to live near Associates, 910 West Wingra Drive, Madison, work and entertainment; and WI, who provided a slide presentation of the Whereas, a significant shortage of quality project elements, timelines and costs. Motion market-rate rental and owner-occupied resi-carried 7-0. dential units exists and efforts are needed to encourage new development of such units; Snow Route Addition: City Manager re- and commending approval of a revision to the Whereas, several downtown residential City’s snow route parking restriction system in development projects need financial assis-response to a petition received from residents th tance to secure funding for such project; and on East 24 Street requesting that their street Whereas, the City received several appli-be added. Motion by Connors to receive and cations for assistance from a Request for Pro-file the documents and that the requirement posals due December 21, 2009; and that a proposed ordinance be considered and Whereas, such proposals have been re-voted on for passage at two Council meetings viewed by a recommendation committee. prior to the meeting at which it is to be passed NOW THEREFORE, BE IT RESOLVED be suspended. Seconded by Braig. Motion BY THE CITY COUNCIL OF THE CITY OF carried 7-0. DUBUQUE, IOWA: Motion by Connors for final consideration Section 1. The City Council approves B&C and passage of Ordinance No. 12-10 Amend- Cathedral Development, LLC to receive a low ing the City of Dubuque Code of Ordinances interest loan in the amount of $226,000 to as-Chapter 14 Parking, Division 5 Restrictions sist in the creation of 24 market rate apart-during Snow Removal, Section 9-14-321.682 ments at 205 Bluff Street. Snow Route, Restricted Parking, by adding 70 Regular Session, March 1, 2010 Book 140 th East 24 Street from Windsor Avenue to Cen- tral Avenue as a snow route. Seconded by Braig. Motion carried 7-0. ORDINANCE NO. 12-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES CHAPTER 14 PARKING, DI- VISION 5 RESTRICTIONS DURING SNOW REMOVAL, SECTION 9-14-321.682 SNOW ROUTE, RESTRICTED PARKING BY ADD- ING EAST 24TH STREET FROM WINDSOR AVENUE TO CENTRAL AVENUE AS A SNOW ROUTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordin- ances Section 9-14-321.682(E) is amended to include the following: 9-14-321.682: SNOW ROUTE, RE- STRICTED PARKING: . . . . E. Designation of Snow Routes: 1. Snow routes shall be designated by signs. Parking shall be prohibited from twelve o'clock (12:00) noon to five o'clock (5:00) P.M. on the odd numbered side of the following streets on odd numbered days and on the even numbered side of the following streets on even numbered days: . . . . East 24th Street from Windsor Ave- nue to Central Avenue. . . . . Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted the 1st day of March, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 10 day of March, 2010. /s/Jeanne F. Schneider, CMC, City Clerk COUNCIL MEMBER REPORTS Connors reported that she has been ap- pointed to the National League of Cities Hu- man Development Board. There being no further business, upon mo- tion the City Council adjourned at 9:58 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 140 Special Session, March 2, 2010 71 CITY OF DUBUQUE, IOWA Responding to questions from City Council, Dalsing stated that K9 Unit dog handlers have CITY COUNCIL the option of keeping retired police dogs as a OFFICIAL pet and agreed that the new blue Community PROCEEDINGS Oriented Police uniforms are not as visible and recognizable as the old black and yellow uni- forms. Dalsing added that the majority of The Dubuque City Council met in special background checks can be done electronically, session at 6:30 p.m. on March 2, 2010 in the and that the department continues to apply Historic Federal Building. training techniques when faced with intercul- tural situations. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- Building Services: Building Services Man- berg, City Manager Van Milligen ager Rich Russell introduced staff and pre- sented the Fiscal Year 2011 budget for this Mayor Buol read the call and stated this is department. Responding to questions from a special session of the City Council called for City Council, Russell clarified that the Federal the purpose of discussing various City depart- Building custodial supplies are paid from the mental budgets. Housing and Community Development De- partment’s budget and custodial personnel is Fiscal Year 2011 Departmental Budgets paid from the Building Services Department’s were presented by staff from the following City budget. Van Milligen stated that the former departments: Emergency Communications, Housing and Community Development De- Emergency Management, Airport, Police, and th partment building at 18 and Central will be Building Services. historically remodeled for potential use by the Head Start program and would serve as an Emergency Communications: Emergency anchor to the Washington neighborhood. He Communications Manager Mark Murphy intro- explained that this project is dependent upon duced staff and presented the Fiscal Year the Dubuque Racing Association profit distri- 2011 budget for this department. Responding bution which cannot be used for property tax to questions from City Council, Murphy stated relief but could be used for another CIP project that the 911 Call Center receives a total of if directed by City Council. 20,000 calls per month with 3.3 actual 911 calls per hour. There being no further business, upon mo- tion the City Council adjourned at 8:26 p.m. Emergency Management: Emergency Management Director Tom Berger presented /s/Jeanne F. Schneider, CMC the Fiscal Year 2011 budget for this depart- City Clerk ment. Responding to questions from City Council, Berger stated that additional outdoor sirens will be added and the outdoor warning system is more than a tornado warning and that public education in combination with the sirens’ voice activation element will increase citizen awareness for any type of outdoor emergency, including high-wind events. Airport: Airport Manager Bob Grierson in- troduced Airport Commission members and staff and presented the Fiscal Year 2011 budget for this department. Responding to questions from City Council, Grierson stated that following the terminal relocation, the old terminal building will be leased at market value and that the Car Rental and Rental Car ac- counts are the difference between commercial and fixed-based uses. Grierson added that while there has been a reduction in overall facility capacity, current flights are full. Police Department: Police Chief Mark Dalsing introduced staff and presented the Fiscal Year 2011 budget for this department. 72 Special Session, March 9, 2010 Book 140 CITY OF DUBUQUE, IOWA motion by Jones to receive and file the docu- ments and approve the recommendation. CITY COUNCIL Seconded by Jones. Motion to reconsider car- OFFICIAL ried 6-1 with Resnick voting nay. (A re-vote on PROCEEDINGS the original motion was taken at the end of the meeting.) The Dubuque City Council met in special Motion by Lynch to adopt Resolution No. session at 6:30 p.m. on March 9, 2010 in the 69-10 Approving the adoption of pet park fees. Historic Federal Building. Seconded by Jones. Braig stated she was in opposition to adopting fees for a pet park as Present: Mayor Buol, Council Members part of the total budget. Motion carried 5-2 with Braig, Connors, Jones, Lynch, Resnick, Voet- Braig and Resnick voting nay. berg, City Manager Van Milligen; City Attorney Lindahl RESOLUTION NO. 69-10 ESTABLISHING PET PARK USER FEES Mayor Buol read the call and stated this is Whereas, the City of Dubuque provides a a special session of the City Council called for Pet Park on North Grandview Avenue; and the purpose of conducting a public hearing on Whereas, the City of Dubuque desires to the Fiscal Year 2011 budget and capital im- establish a daily and annual user fee for the provement program. Pet Park; and Whereas, the City of Dubuque desires to Proofs of Publication on Notice of Public offer a daily and annual user fee. Hearing on Budget Estimate for Fiscal Year NOW THEREFORE, BE IT RESOLVED 2011 and Notice of Public Hearing on Five BY THE CITY COUNCIL OF THE CITY OF Year Capital Improvement Program beginning DUBUQUE, IOWA: July 1, 2010 through the Fiscal Year ending Effective the 1st day of May, 2010, the Pet June 30, 2015 Park user fees shall be as follows: City Manager’s Revised Fiscal Year 2011 Daily user fee: $1.00 Budget Recommendation Annual resident permit fee: $25.00 City Manager recommending approval of Annual nonresident permit fee: $35.00 the funding of additional Library positions sub- Passed, approved and adopted this 9th ject to a budget amendment. day of March, 2010 Communications from John and Kristin Roy D. Buol, Mayor Anderson-Bricker, Deone Merkel, Gwen Say- Attest: Jeanne F. Schneider, CMC, City Clerk ler, Vincent Williams, Elizabeth Leeper, Cinda Welu and Richard Vorwald in support of in- Motion by Braig to receive and file the doc- creased staff at the Carnegie Stout Public Li- uments and approve the resolutions with the brary. resolution pertaining to adoption of the Pet Communication from Sandi Andresen in Park Fees held for separate discussion. opposition to a tax increase. Seconded by Resnick. Voetberg stated that he opposed voting for the budget recommenda- Motion by Jones to receive and file the tion but was in favor of the other resolutions documents and approve the recommendation. adding that he was opposed to increasing the Seconded by Lynch. Motion carried 5-2 with amount of gambling revenue used to offset a Resnick and Voetberg voting nay. (This motion budget shortfall. Van Milligen stated that the was reconsidered and voted on later in the recurring revenue source used would not ne- meeting.) gatively affect the Fiscal Year 2012 budget. Resnick stated that while he supported the PUBLIC HEARING addition of Library staff, he believed budget funding needed prioritizing. Upon motion the rules were suspended al- Motion to adopt Resolution Nos. 71-10 lowing anyone present to address the City through 76-10 carried 7-0. Motion to adopt Council. Resolution No. 70-10 Adopting Annual Budget for the Fiscal Year Ending June 30, 2011 car- Mayor Buol solicited public input for each ried 5-2 with Voetberg and Resnick voting nay City department budget and the Capital Im- by exercising a split-vote option. provement Program. There being no public input, upon motion the rules were reinstated limiting discussion to the City Council. Upon advice from City Attorney Lindahl, Lynch moved reconsideration of the earlier Book 140 Special Session, March 9, 2010 73 RESOLUTION NO. 70-10RESOLUTION NO. 72-10 ADOPTING THE CITY OF DUBUQUE FIS-ADOPTING THE FISCAL YEAR 2011 (PRO- CAL YEAR 2011 ANNUAL BUDGET GRAM YEAR 2010) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL NOW THEREFORE, BE IT RESOLVED ACTION PLAN. 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, 2011, as set forth ings, finalized a Fiscal Year 2011(Program in the Adoption of Budget and Certification of Year 2010) 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. 2011 (Program Year 2010) 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, 2010. 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. 71-10 lic hearing on the proposed plan on February ADOPTING THE CITY OF DUBUQUE FIVE 16, 2010 following a 30 day public comment YEAR CAPITAL IMPROVEMENT PROGRAM period and approved the FY 2011 Annual Ac- Whereas, a recommended five year Capi-tion Plan as amended. tal Improvement Program for the period begin-NOW, THEREFORE, BE IT RESOLVED ning July 1, 2010, and ending June 30, 2015, BY THE CITY COUNCIL OF THE CITY OF for the City of Dubuque has been prepared DUBUQUE, IOWA: and submitted to the City Council; and Section 1. That the Community Develop- Whereas, the five year Capital Improve-ment Block Grant FY 2011 Annual Action Plan, ment Program describes specific capital im-attached hereto as Exhibit A and by this refer- provement projects, provides estimated costs ence made a part hereof, is hereby adopted as for those projects, proposes sources of funds amended. for each of them, and schedules the year dur-Section 2. That the City Manager is hereby ing which each project will be undertaken; and authorized and directed to prepare and submit Whereas, the capital improvement projects to the United States Department of Housing for the first year are included in the Fiscal Year and Urban Development the Fiscal Year 2011 2011 budget for the City of Dubuque; and (Program Year 2010) Annual Action Plan for Whereas, the five year Capital Improve-the use of Community Development Block ment Program will be reconsidered annually by Grant funds based on this adopted budget and the City Council and appropriately revised; and execute standard contracts and agreements. th Whereas, the adoption of the five year Passed, approved and adopted this 9 day Capital Improvement Program is a prudent of March 2010. measure to provide continuity of programs and Roy D. Buol, Mayor is in the best interest of the City of Dubuque. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED RESOLUTION NO. 73-10 BY THE CITY COUNCIL OF THE CITY OF RESCINDING RESOLUTION NO. 61-03, ES- DUBUQUE, IOWA: TABLISHING A SCHEDULE OF DEVELOP- Section 1. That the five year Capital Im- MENT SERVICES FEES, AND ADOPTING IN provement Program for the period beginning LIEU THEREOF A NEW SCHEDULE OF DE- July 1, 2010, set out in the Fiscal Year 2011- VELOPMENT SERVICES FEES AS PRO- 2015 Recommended Capital Improvement VIDED IN TITLE 16 OF THE CITY OF DU- Budget, is hereby approved and adopted as BUQUE CODE OF ORDINANCES, UNIFIED amended as the proposed allocation of City DEVELOPMENT CODE. resources for capital improvements as sche- duled in the years shown, subject to annual Whereas, the City Council of the city of review and revision. Dubuque, Iowa establishes by resolution cer- th Passed, approved and adopted this 9 day tain fees for development services pursuant to of March, 2010. the Unified Development Code, pursuant to Roy D. Buol, Mayor the attached schedule of Planning and Zoning Attest: Jeanne F. Schneider, CMC, City Clerk Fees. 74 Special Session, March 9, 2010 Book 140 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Resolution No. 61-03 and its Schedule of Fees is hereby rescinded. Section 2. That the attached Fee Schedule is hereby approved. Section 3. That the attached Fee Schedule shall take effect on July 1, 2010. th Passed, approved and adopted this 9 day of March 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Continued: Book 140 Special Session, March 9, 2010 75 PROPOSED FY 2011 DEVELOPMENT SERVICES FEE INCREASES - PLANNING SERVICES DEPARTMENT FY 2011 Proposed FY 2005 10% Fee Increase* FY 2009 Cases Actual Revenue FY 2011 Proposed Variance $250.00 $275.00 + $2/notice 31 $7,750.00 $8,525.00 Conditional Use Permit $250.00 $275.00 + $2/notice 14 $3,500.00 $3,850.00 Appeal $50.00 $55.00 0 $0.00 $0.00 Special Exception $100.00 $110.00 47 $4,700.00 $5,170.00 Text Amendment $200.00 $220.00 8 $1,600.00 $1,760.00 Minor Subdivision Plat $200.00 $220.00 2 $400.00 $440.00 Preliminary Plat/Major Subdivision $400.00 + $10/lot $440.00 + $10/lot 2 $1,370.00 $1,450.00 Final Plat/Major Subdivision $200.00 $220.00 2 $400.00 $440.00 Rezoning $300.00 + $50/acre $330.00 +$50/acre + $2/notice 12 $4,900.00 $5,260.00 New Planned District (PUD) $500.00 + $50/acre $550.00 +$50/acre + $2/notice 3 $1,550.00 $1,700.00 Amended Planned District (PUD) $300.00 + $50/acre $330.00 +$50/acre + $2/notice 9 $2,785.00 $3,055.00 Sign Permit Reviews $25.00 $30.00 74 $1,850.00 $2,220.00 Extension of Subdivision Bonding $25.00 $30.00 0 $0.00 $0.00 Billboard Inspection Fee $100.00 billboard/year $100.00 billboard/year 78 $7,800.00 $7,800.00 Simple Site Plan $50.00 $55.00 4 $200.00 $220.00 Minor Site Plan $125.00 + $10/acre $140.00 (no per acre fee) 5 $625.00 $700.00 Major Site Plan $225.00 + $10/acre $250.00 (no per acre fee) 15 $3,504.00 $3,750.00 Limited Setback Waiver $50.00 $55.00 11 $550.00 $605.00 Target Area Zoning Enforcement $13,000.00 /year $13,000.00 /year $13,000.00 $13,000.00 Flood Plain Permit $100.00 $110.00 1 $100.00 $110.00 Flood Way Permit $500.00 $550.00 0 $0.00 $0.00 Simple Subdivision-Staff Review $10.00 $11.00 31 $310.00 $341.00 Simple Subdivision-Council Action Required $10.00 $220.00 * 6 $60.00 $1,320.00 Maps and Ordinances $10-$30 /document $10-$30 /document 2 $20.00 $20.00 Temp. Use Permit: Off-Premise Retail $10.00 per day $11.00 per day 1 $180.00 $198.00 Temp. Use Permit: On-Premise Seasonal $0.003 sq foot/day $0.003 sq foot/day 7 $18,179.00 $18,179.00 $75,333.00 $82,113.00 *Fee Increase (Fees have rounded up to closest $5.00) Includes proposed new fee of $2 per notice, generating an estimated $2,000 for approx. 1,000 notices sent in FY 2009 for variances, conditional use permits, rezonings, new PUDs, and amended PUDs. *New fee based on similar workload to minor subdivision and final plat is recommended for simple subdivisions requiring City Council action. Note: Maximum Fee Cap of $1,000 still applies to rezonings and amended PUDs. Maximum Fee Cap of $2,000 still applies to new PUDs. 76 Special Session, March 9, 2010 Book 140 RESOLUTION NO. 74-10 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 2011 - 2015 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 2011 - 2015 beginning July 1, 2010, and NOW THEREFORE, BE IT RESOLVED ending June 30, 2015, 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 2011 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 2011 - 2015 Service Project Fund from the General Fund, beginning July 1, 2010, set out in the Fiscal which shall be repaid to the General Fund from Years 2011 - 2015 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, 2011, 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, 2010. 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. 75-10 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, 2010. 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. 76-10 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 the heretofore established the Dubuque Industrial 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 140 Special Session, March 9, 2010 77 expects to undertake certain projects, public Motion by Jonesto 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 newal Area, including the creation of a West-to the meeting at which it is to be passed be end tripper service route which would serve suspended. Seconded by Braig. Motion carried the Urban Renewal Area (the Project); and 7-0. Whereas, in order to advance funds for the Motion by Jones for final consideration and cost of the Project, it is necessary to make passage of Ordinances Nos. 13-10 through certain findings under Chapter 403; and 17-10. Seconded by Voetberg. Motion carried Whereas, it is the intention of the City to 7-0. certify the amount of funds so advanced for OFFICIAL PUBLICATION reimbursement from the available incremental ORDINANCE NO. 13-10 property tax revenues generated within the Urban Renewal Area under Iowa Code Section AMENDING CITY OF DUBUQUE CODE OF 403.19. ORDINANCES TITLE 13 PUBLIC UTILITIES, NOW THEREFORE, BE IT RESOLVED CHAPTER 1 WATER USE AND SERVICE, BY THE CITY COUNCIL OF THE CITY OF ARTICLE C RATES, SECTION 13-1C-1(A) DUBUQUE, IOWA: ESTABLISHING WATER RATES FOR RESI- Section 1. Pursuant to Ordinance No. 130-DENTIAL, COMMERCIAL, INDUSTRIAL, AND 88 there has been established the Dubuque ALL OTHER USES Industrial Center Urban Renewal Tax Incre-NOW, THEREFORE, BE IT ORDAINED ment Revenue Fund (the Tax Increment BY THE CITY COUNCIL OF THE CITY OF Fund), into which the incremental property tax DUBUQUE, IOWA: revenues received in respect of properties Section 1. Section 13-1C-1(A) of the City of located within the Urban Renewal Area are to Dubuque Code of Ordinances is hereby be deposited. The Council hereby finds and amended to read as follows: determines that the above-described Project Section 13-1C-1A: Residential, Com- constitutes an “urban renewal project” as de-mercial, Industrial and All Other Uses. fined in Iowa Code Chapter 403, and further A. Rates Established: The rates to approves an advance of City funds for said be charged for water for residential, Project. commercial, industrial and all other Section 2. It is hereby directed that the uses and purposes by any person, sum of $16,862 be advanced from time to time firm or corporation within the city shall to the West-end Tripper Service Route Project be based on units of one hundred cu- Fund from the General Fund in order to pay bic feet (748 gallons) or per gallon as the costs of the Project. The advance shall be follows: treated as an internal loan (the Loan) to the West-end Tripper Service Route Project Fund Monthly Consump-Charge per tion Hundred Cubic from the General Fund, which shall be repaid (in Hundreds of Feet to the General Fund from the Tax Increment Cubic Feet) Fund from the incremental tax revenues re- First 30 $2.20 ceived with respect of properties located within Next 120 $1.80 the Urban Renewal Area. Annual payments Next 350 $1.67 shall be made on the Loan on each June 1, Next 500 $1.48 commending June 1, 2011, until the Loan is Next 1,000 $1.30 fully paid, to the extent there are incremental tax revenues available for such purpose which Monthly Consump-Charge per have been allocated to or accrued in the Tax tion Gallon Increment Fund. (in Gallons) Section 3. The Tax Increment Fund is he- First 22,440 $0.00294 reby pledged to the repayment of the Loan. Next 89,760 $0.00240 The City Clerk and Budget Director shall take Next 261,800 $0.00224 such actions as are necessary to comply with Next 374,000 $0.00198 this Resolution, including certification of the Next 748,000 $0.00174 Loan amount to the County Auditor for reim- bursement under Iowa Code Section 403.19. th Passed, approved and adopted this 9 day of March, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 78 Special Session, March 9, 2010 Book 140 Rates shall be subject to the following min- 800 – 1,000 $26.90 1,000 – 1,200 $29.60 imum monthly charge according to the size of 1,200 – 1,400 $32.26 the meter: 1,400 – 1,600 $34.96 Meter Monthly Monthly Minimum Size Consumption Consumption Charge 1,600 – 1,800 $37.66 Inches (In Hundreds (In Gallons) 1,800 – 2,000 $40.33 of Cubic 2,000 – 2,200 $43.02 Feet) 2,200 – 2,400 $45.70 5/8 2 1,496 $ 4.40 2,400 – 2,600 $48.41 3/4 5 3,740 $ 11.01 2,600 – 2,800 $51.10 1 8 5,984 $ 17.61 2,800 – 3,000 $53.85 1 1/2 26 19,448 $ 57.24 3,000 – 3,500 $56.47 2 46 34,408 $ 94.80 Over 3,500 $ 2.69 3 106 79,288 $ 200.21 (for each additional 500 4 168 125,664 $ 311.79 heads or fraction thereof 6 368 275,264 $ 646.30 . . . . . 8 625 467,500 $1,051.83 Section 2. This Ordinance shall take effect July 1, 2010. A property owner shall pay a $30.00 dis- Passed, approved and adopted this 9th connect fee for water service that is discon- day of March, 2010. nected by the city for a meter not in service. /s/Roy D. Buol, Mayor When a tenant account is subject to discon- Attest: nection due to delinquency, the tenant shall /s/Jeanne F. Schneider, CMC, City Clerk pay the $30.00 disconnect fee. Published officially in the Telegraph Herald A $5.00 minimum monthly charge shall be th Newspaper the 17 day of March, 2010. assessed for meters not in service. /s/Jeanne F. Schneider, CMC, City Clerk . . . . Section 2. This Ordinance shall take effect OFFICIAL PUBLICATION July 1, 2010. ORDINANCE NO. 15-10 th Passed, approved and adopted this 9 day AMENDING THE CITY OF DUBUQUE CODE of March, 2010. OF ORDINANCES SECTIONS 13-2C-3(B) /s/Roy D. Buol, Mayor AND 13-2C-3(C)(7) ESTABLISHING BASIC Attest: SEWER RATES FOR RESIDENTIAL AND /s/Jeanne F. Schneider, CMC, City Clerk COMMERCIAL USERS BY INCREASING Published officially in the Telegraph Herald THE RATES th Newspaper the 17 day of March, 2010. NOW, THEREFORE, BE IT ORDAINED /s/Jeanne F. Schneider, CMC, City Clerk BY ATHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: OFFICIAL PUBLICATION Section 1. Section 13-2C-3(B) of the City of ORDINANCE NO. 14-10 Dubuque Code of Ordinances is amended to AMENDING THE CITY OF DUBUQUE CODE read as follows: OF ORDINANCES TITLE 13 PUBLIC UTILI- Section 13-2C-3(B) Schedule of Rates: TIES CHAPTER 1 WATER USE AND SER- Rates per each one hundred (100) VICE, ARTICLE C RATES SECTION 13-1C-2 cubic feet: $2.58 FIXING WATER RATES FOR FIRE SPRINK- Rate per each gallon: $ .00345 LER SERVICE Section 2. Section 13-2C-3(C)(7) of the NOW, THEREFORE, BE IT ORDAINED City of Dubuque Code of Ordinances is BY THE CITY COUNCIL OF THE CITY OF amended to read as follows: DUBUQUE, IOWA: Where the quantity of water consumed is Section 1. Section 13-1C-2 of the City of such that the minimum of service is charged, Dubuque Code of Ordinances is hereby the minimum sewer service charge, according amended to read as follows: to the size of the meter, shall be as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service Meter Minimum Allowance Allowance shall be billed for this service on a monthly Size Charge (cubic (gallons) basis. The monthly charge shall be as follows: (inches) feet) 5/8 $ 5.18 200 1,496 NUMBER OF MONTHLY 3/4 $ 12.91 500 3,740 HEADS CURRENT CHARGES 1 or $ 20.67 800 5,984 Up to 200 (minimum $13.46 larger monthly charge) 200 – 300 $16.15 300 – 400 $18.82 400 – 600 $21.52 600 – 800 $24.20 Book 140 Special Session, March 9, 2010 79 Section 3. This Ordinance shall take effect each year to verify annual income and July 1, 2010. eligibility. th Passed, approved and adopted this 9 day 3. In cases of extreme financial of March, 2010. hardship, the city manager may, and is /s/Roy D. Buol, Mayor hereby authorized and empowered to, Attest: /s/Jeanne F. Schneider, CMC, City make adjustments in the monthly col- Clerk lection charges as the city manager Published officially in the Telegraph Herald may deem appropriate. In such cases, th Newspaper the 17 day of March, 2010. the city manager shall have the authori- /s/Jeanne F. Schneider, CMC, City Clerk ty to require such proof of vacancy, fi- nancial status, age or extreme hard- OFFICIAL PUBLICATION ship, as the city manager may deem ORDINANCE NO. 16-10 necessary. AMENDING CITY OF DUBUQUE CODE OF 4. Class I premises when a family ORDINANCES TITLE 13 PUBLIC UTILITIES, household of five (5) or more persons CHAPTER 6 SOLID WASTE, ARTICLE A has an annual income equal to or less CITY OR PRIVATE COLLECTION SERVICE, than the income standards used by SECTION 13-6A-6 RATES AND CHARGES HUD for its "section 8 housing pro- ESTABLISHED; EXCEPTIONS; AND gram" for the size of that household AMENDING SECTION 13-6A-8(D) YARD may, upon application to the city man- 1 WASTE AND FOOD SCRAPS ager, be exempted from one-half (/) 2 NOW, THEREFORE, BE IT ORDAINED the established collection charge. After BY THE CITY COUNCIL OF THE CITY OF the initial application, annual applica- DUBUQUE, IOWA: tion shall be made by the head of Section 1. Section 13-6A-6 of the City of household on July 1 of each year to ve- Dubuque Code of Ordinances is hereby rify annual income and eligibility. amended to read as follows: B. Class II Premises: 13-6A-6: RATES AND CHARGES ESTAB-1. A fee of eleven dollars nine cents LISHED; EXCEPTIONS: ($11.09) per month shall be paid to the A. Class I Premises: Except as quali-city by the property owner of each class fied below, a fee of eleven dollars nine II premises for such services. Said fee cents ($11.09) per dwelling unit per month shall be in payment for collection and shall be paid to the city by the property disposal of one 35-gallon can or one owner of each class I premises for such 35-gallon trash bag of "solid waste" as services. Said fee shall be in payment for defined. There is no limit on the num- collection and disposal of one 35-gallon ber of bins allowed to be collected con- can or one 35-gallon trash bag of "solid taining acceptable "recyclable mate- waste" as defined in this chapter. There is rials" as defined. no limit on the number of bins allowed to 2. The owner of a class II premises be collected containing acceptable "recycl-served by the city solid waste collection able materials" as defined in this chapter. may provide the city manager with not Exceptions to the collection charges for less than fourteen (14) days' written no- class I premises are as follows: tice of intent to terminate the service. 1. When a class I premises has Such termination of service shall be ef- been vacant for a period not less than fective at the beginning of the next bill- three (3) consecutive months, the own-ing period after such fourteen (14) day er may apply to the city manager for a notice period. credit under procedures to be estab-C. Class III Premises: lished by the city manager. Such credit 1. A fee of eleven dollars nine cents shall continue only so long as the class ($11.09) per month shall be paid to the I premises is vacant. city by the property owner of each class 2. Class I premises when the head III premises for such services. Said fee of the household is sixty five (65) years shall be in payment for collection and of age or older and has an annual in-disposal of one 35-gallon can or one come equal to or less than the income 35-gallon trash bag of "solid waste" as standards used by HUD for its "section defined. There is no limit on the num- 8 housing program" for one and two (2) ber of bins allowed to be collected con- person households may, upon applica-taining acceptable "recyclable mate- tion to the city manager, be exempted rials" as defined. 1 from one-half (/) the established col-2. The owner of a class III premises 2 lection charge. After the initial applica-served by city solid waste collection tion, annual application shall be made may provide the city manager with not by the head of household on July 1 of less than fourteen (14) days' written no- 80 Special Session, March 9, 2010 Book 140 tice of intent to terminate the service. subscribed by owners and/or property Such termination of service shall be ef-managers of class I, II and III premises. fective at the beginning of the next bill-The customer shall choose the number ing period after such fourteen (14) day and size of the cart. The fee for a sixty notice period. five (65) gallon city cart shall be twenty D. Unit Based Pricing: Collection op-one ($21.00) each per month. The fee tions and charges under unit based pricing for a ninety five (95) gallon city cart for class I, II and III premises are as fol-shall be thirty dollars ($30.00) each per lows: (Ord. 15-09, 3-9-2009, eff. 7-1-2009) month. 1. A yearly subscription for weekly 7. Official city of Dubuque single collection of an additional standard sol-use stickers costing one dollar thirty id waste container, or containers, may cents ($1.30) shall be applied to each be subscribed for an additional five dol-additional standard solid waste con- lars sixty cents ($5.60) each per month. tainer or small bulky or bundled item in The subscription ends each year on excess of the one standard solid waste June 30. A subscription may not be container collected under the base canceled before June 30. monthly solid waste fee or any addi- 2. A three (3) month subscription for tional subscribed container(s). weekly collection of an additional stan-8. Multiple-family dwellings of three dard solid waste container, or contain-(3), four (4), five (5), and six (6) dwel- ers, may be subscribed for an addition-ling units as well as class II or class III al five dollars sixty cents ($5.60) each premises sharing a common set out lo- per month. The four (4) subscription cation with other city solid waste cus- periods are: a) July, August and Sep-tomers shall only use approved rigid tember; b) October, November and De-solid waste containers with permanent cember; c) January, February and identification as to the specific premis- March; and d) April, May and June. A es. However, for the two (2) weeks fol- subscription may not be canceled. lowing Christmas, excess solid waste 3. Oversize, nonstandard rigid solid may be set out in trash bags with ap- waste containers of up to fifty (50) gal-plied city of Dubuque single use stick- lons in capacity may be subscribed as ers. (Ord. 21-06, 3-2-2006, eff. 7-1- the one container covered under the 2006) base monthly solid waste fee for an 9. In alleys where solid waste carts, additional two dollars thirty cents owned by the city for semi-automated ($2.30) per month. Such containers lifting, are required to be subscribed by shall be holders for standard trash bags owners, tenants and/or property man- for manual removal by city crews, shall agers of class I, II, and III premises not contain any loose material, and where the approved set out location is shall not be lifted and dumped by in an alley. The customer shall choose crews. Individual trash bags held in the the number and size of the cart(s). oversized container shall weigh no Such carts shall be subscribed accord- more than forty (40) pounds. ing to a fee schedule and program re- 4. A yearly subscription for weekly quirements as approved by the city collection of an additional oversized manager. (Ord. 15-09, 3-9-2009, eff. 7- solid waste container, or containers, 1-2009) may be subscribed for an additional E. Special Collection: The charge for a eight dollars ($8.00) each per month. special collection service for large and The subscription ends each year on bulky rubbish to each dwelling unit receiv- June 30. A subscription may not be ing such service when requested by the canceled before June 30. owner shall be as follows: 5. A three (3) month subscription for 1. A fee of eight dollars ($8.00) weekly collection of an additional over-shall be paid by the owner for each size solid waste container, or contain-time the service is provided for up to ers, may be subscribed for an addition-the equivalent of three (3) cubic yards al eight dollars ($8.00) each per month. of solid waste. The four (4) subscription periods are: a) 2. An additional fee of eight dollars July, August and September; b) Octo-($8.00) shall be paid for each additional ber, November and December; c) Jan-three (3) cubic yards of solid waste. uary, February and March; and d) April, 3. An additional fee for tires, equal May and June. A subscription may not to the disposal fees charged at the Du- be canceled. buque metro landfill, shall be paid to 6. Solid waste carts, owned by the the city by the owner for each tire. city for semi-automated lifting, may be Book 140 Special Session, March 9, 2010 81 4. An additional fee of twelve dol-/s/Roy D. Buol, Mayor lars fifty cents ($12.50) shall be paid to Attest: the city by the owner for each ap-/s/Jeanne F. Schneider, CMC, City Clerk pliance collected in the service. Published officially in the Telegraph Herald th 5. An additional fee of ten dollars Newspaper the 17 day of March, 2010. ($10.00) shall be paid to the city by the /s/Jeanne F. Schneider, CMC, City Clerk owner for each collection requested by OFFICIAL PUBLICATION the owner to be scheduled for service ORDINANCE NO. 17-10 on a day not receiving weekly collection AMENDING TITLE 9 MOTOR VEHICLES at the service address. AND TRAFFIC, CHAPTER 14 PARKING, 6. An additional fee of ten dollars SECTION 9-14-321.645 METERS; TIME AND ($10.00) shall be paid to the city by the FEE SCHEDULE FOR SPECIFIC LOTS OF owner for each collection requested by THE CITY OF DUBUQUE CODE OF ORDIN- the owner to be scheduled for imme- ANCES BY DELETING LOTS NO. 1 AND 4, diate service or whenever crews are ADDING LOT NO. 9, INCREASING THE sent back to the service address to col- MONTHLY RATES FOR LOTS NO. 2, 4, 10, lect items that were not properly set out AND 12, AND ESTABLISHING THE HOURS on time as previously scheduled. (Ord. AND RATES FOR PARKING LOT NO. 3 AND 21-06, 3-2-2006, eff. 7-1-2006). THE FEDERAL BUILDING PARKING LOT Section 2. Section 13-6A-8(D) of the City of Dubuque Code of Ordinances is hereby NOW, THEREFORE, BE IT ORDAINED amended to read as follows: BY THE CITY COUNCIL OF THE CITY OF 13-6A-8: YARD WASTE AND FOOD DUBUQUE, IOWA: SCRAPS: Section 1. Section 9-14-321.645 of the City D. Preparation Of Waste: Containe-of Dubuque Code of Ordinances is amended rized yard waste collected by the city shall to read as follows: be placed in degradable paper bags with 9-14-321.645: METERS; TIME AND FEE an affixed single use sticker or in rigid SCHEDULE FOR SPECIFIC LOTS: waste containers with an affixed single use A. Parking meters on municipally tag or in permanent waste containers with owned parking lots, when installed and an affixed annual yard waste decal or in a properly operated, shall show legal parking subscribed sixty five (65) gallon city owned upon and after the deposit of United States yard waste cart or be contained by tying coins, and in the non-metered parking lots, devices approved by the city manager. The parking spaces shall be reserved in accor- charges for collection and disposal of "yard dance with the following schedules: waste" as defined shall be as follows: 1. On parking lots no. 2, 3, 5, 6, 7, 1. The fee for tying devices ap-9, and 10, the amount of fee shall be proved by the city manager shall be displayed on each parking meter and one dollar thirty cents ($1.30) each. shall indicate the period of time al- 2. The fee paid to the city by a cus-lowed for the particular United States tomer of record with the city for an an-coin deposit after meter has been nual yard waste decal for a rigid waste placed in operation. The maximum container shall be thirty dollars ($30.00) parking time allowed shall be indi- each through June 30 of each year. cated on the parking meter assigned The fee shall be reduced by one-half to the meter space to which it applies. 1 (/) on July 1 of each year and again 2. On parking lot no. 5, reserved 2 1 by one-half (/) on September 1 of parking for each space for which a 2 each year. A decal shall only be used parking meter has not been installed by the customer of record with the city shall be reserved by the city for as- who purchased it. signment by the city manager for pur- 3. The fee for single use stickers poses of carrying out the business of shall be one dollar thirty cents ($1.30) city government. each. 3. On parking lot no. 10, reserved 4. The fee paid to the city for sub-parking for non-metered spaces shall scription to a sixty five (65) gallon city be between the hours of six o'clock owned yard waste cart shall be four-(6:00) A.M. and six o'clock (6:00) teen dollars fifty cents ($14.50) per P.M. daily, excluding Saturdays, month with a one-time nonrefundable Sundays, and holidays, at a monthly start up fee of twenty dollars ($20.00). rate of forty seven dollars ($47.00), Section 3. This Ordinance shall take effect payable each month. st on the 1 day of July, 2010. 4. On parking lot no. 12, reserved th Passed, approved and adopted this 9 day parking for non-metered spaces shall of March, 2010. 82 Regular Session, March 15, 2010 Book 140 CITY OF DUBUQUE, IOWA be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) CITY COUNCIL P.M. daily, excluding Saturdays, OFFICIAL Sundays, and holidays, at a monthly PROCEEDINGS rate of thirty five dollars ($35.00), payable each month. 5. On parking lots no. 2 and 4, re- The Dubuque City Council met in regular served parking for each space for session at 6:30 p.m. on March 15, 2010 in the which parking meters have not been Historic Federal Building. installed shall be rented through an agreement approved by the city Present: Mayor Buol, Council Members council. Reserved parking for non- Braig, Connors, Jones, Lynch, Resnick, City metered spaces shall be between the Manager Van Milligen, City Attorney Lindahl hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, exclud- Absent: Council Member Voetberg ing Saturdays, Sundays, and holi- days, at a monthly rate of thirty seven Mayor Buol read the call and stated this is dollars ($37.00), payable each month. a regular session of the City Council to act 6.On parking lot no. 3 and the upon such business that may properly come Federal Building parking lot, reserved before the City Council. parking for non-metered spaces shall be between the hours of six o’clock Pledge of Allegiance (6:00) A.M. and six o’clock (6:00) P.M. daily, excluding Saturdays, Invocation was provided by Deacon Dave Sundays, and holidays, at a monthly McGhee of Nativity Church rate of forty two dollars ($42.00), payable each month. PROCLAMATIONS . . . . Section 2. This Ordinance shall take effect Dubuque Visiting Nurse Association Centen- on publication. nial Week (March 28–April 3, 2010) was accepted th Passed, approved and adopted the 9 day by Nan Colin, VNA; Arts Education Month (March of March, 2010. 2010) was accepted by Greg Orwoll, Colts Drum /s/Roy D. Buol, Mayor and Bugle Corps; Cheryl Werner, Dubuque Attest: Community School District; and Wendy and Rusty /s/Jeanne F. Schneider, CMC, City Clerk Kephart of Kephart’s Music Store; and the 200th Published officially in the Telegraph Herald Anniversary of Julien Dubuque’s Death (March 24, th Newspaper the 17 day of March, 2010. 2010). /s/Jeanne F. Schneider, CMC, City Clerk PRESENTATION Motion by Jones to receive and file the documents and approve the recommendation. American Eagle Airlines 2009 Station of the (Proofs of Publication, Citizen Communica- Year Award was accepted by Bob Steinhauser tions, City Manager’s Revised Budget Rec- and Christy Wolf of American Eagle Airlines. ommendation). Seconded by Lynch. Motion carried 5-2 with Resnick and Voetberg voting nay. CONSENT ITEMS There being no further business, upon mo- Motion by Lynch to receive and file the tion the City Council adjourned at 7:00 p.m. documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion /s/Jeanne F. Schneider, CMC carried 6-0. City Clerk Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 2/2; City Conference Board of 2/1; City Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship Advisory Commission of 3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjust- ment of 2/25 Proofs of publication of City Council Pro- ceedings of February 15, 16, and 24, 2010 Book 140 Regular Session, March 15, 2010 83 th Library Board of Trustees Update from the Passed, approved and adopted this 15 meeting of February 25, 2010 day of March, 2010. Upon motion the documents were received Roy D. Buol, Mayor and filed. Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FI- Notice of Claims/Suits: Rebecca Kruse for NAL COMPLETION OF THE 2008 CATCH vehicle damage; Antoine Clemons vs. Brian BASIN REPLACEMENT PROJECT Wullweber and the City of Dubuque; Sheena Gillen for vehicle damage. Upon motion the The undersigned City Engineer of the City documents were received, filed and referred to of Dubuque, Iowa, hereby certifies that he has the City Attorney. inspected the 2008 Catch Basin Replacement Project, that the Project has been performed in City Attorney advising that the following compliance with the terms of the Public Im- claims have been referred to Public Entity Risk provement Contract, and that the total cost of Services of Iowa, the agent for the Iowa Com-the completed work is $95,451.55. munities Assurance Pool: Sheena Gillen for Dated this 10th day of March, 2010. vehicle damage; Everett Corley for vehicle Gus Psihoyos, City Engineer th damage; Rebecca Kruse for vehicle damage. Filed in the office of the City Clerk on the 10 Upon motion the documents were received, day of March, 2010. filed and concurred. Jeanne F. Schneider, CMC, City Clerk 2008 Catch Basin Replacement Project: Mediacom: Communication from Lee City Manager recommending acceptance of Grassley, Mediacom Senior Manager – Gov- the 2008 Catch Basin Replacement Project as ernment Relations, advising that on or about completed by McDermott Excavating, Inc., in March 4, 2010 the Channels E!, HLN and Tru the final contract amount of $92,994.00. Upon TV will be added to the high definition line-up. motion the documents were received and filed Upon motion the document was received and and Resolution No. 77-10 Accepting the 2008 filed. Catch Basin Replacement Project and autho- rizing payment of the contract amount to the Insurance Institute for Highway Safety: contractor was adopted. Special report from the Insurance Institute for Highway Safety on phoning while driving. RESOLUTION NO. 77-10 Upon motion the document was received and ACCEPTING THE 2008 CATCH BASIN RE- filed. PLACEMENT PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT Na- National League of Cities: Article from AMOUNT TO THE CONTRACTOR tion’s Cities Weekly entitled “Cities Taking Whereas, the Public Improvement Contract Action Against Distracted Driving.” Upon mo- for the 2008 Catch Basin Replacement Project tion the document was received and filed. (the Project) has been completed and the City Engineer has examined the work and filed a Dubuque County Board of Supervisors: certificate stating that the Project has been Communication from the Dubuque County completed according to the terms of the Public Board of Supervisors requesting a meeting Improvement Contract and that the City Engi-with City representatives and the County neer recommends that the Project be ac-Board of Health to discuss the potential of a cepted. partnership with the City of Dubuque for future NOW THEREFORE, BE IT RESOLVED health service needs. Upon motion the docu- BY THE CITY COUNCIL OF THE CITY OF ment was received, filed and referred to the DUBUQUE, IOWA: City Manager. Section 1. The recommendation of the City Engineer is approved and the Project is hereby Purchase of Property – 2315 Jackson accepted. Street: City Manager recommending approval Section 2. The Finance Director is hereby of the acceptance of a Sheriff’s Deed for a directed to pay to the Contractor from the two-story dwelling located at 2315 Jackson Catch Basin Maintenance, Catch Ba-Street. Upon motion the documents were re- sin/Westside Storage, and Curb/Catch Basin ceived and filed and Resolution No. 78-10 Replacement appropriations for the contract Approving the acceptance of a Sheriff’s Deed amount of $92,994.00 less any retained per-for the east one-half of Lot 24A in L.H. Lang- centage provided for therein as provided in worthy’s Addition to the City of Dubuque, Iowa Code chapter 573, and to pay such retai-County of Dubuque, Iowa, according to the nage only in accordance with the provisions of recorded plat thereof located at 2315 Jackson Iowa Code chapter 573. Street was adopted. 84 Regular Session, March 15, 2010 Book 140 RESOLUTION NO. 78-10 Communication from the National League APPROVING THE ACCEPTANCE OF A of Cities advising that City Council Member SHERIFF’S DEED FOR THE EAST ½ OF Kevin Lynch has been appointed to the NLC LOT 24A IN L.H. LANGWORTHY’S ADDI- Information Technology and Communications TION TO THE CITY OF DUBUQUE, COUNTY Policy and Advocacy Committee. OF DUBUQUE, IOWA, ACCORDING TO THE Upon motion the documents were received RECORDED PLAT THEREOF, LOCATED AT and filed. 2315 JACKSON Whereas, the City of Dubuque has a se-City Development Board: Notification from cured interest in a property at 2315 Jackson Steven R. McCann, Administrator – City De- Street; and velopment Board, that a public hearing in the Whereas, this interest was subordinate to a matter of the City of Asbury voluntary annexa- first mortgage and would have been lost due to tion including non-consenting owners within a foreclosure sale. the urban area of the City of Dubuque will be NOW, THEREFORE, BE IT RESOLVED held on April 14, 2010. Upon motion the doc- BY THE CITY COUNCIL OF THE CITY OF uments were received and filed. DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby Dubuque County Board of Supervisors – accepts the Sheriff’s Deed attached hereto for FEMA: Communication from the Dubuque the property legally described as: County Board of Supervisors in support of the East 1/2 of Lot 24A in L.H. Langworthy’s City’s efforts of involvement with the property Addition in the City of Dubuque, County of owner appeals process related to the recently Dubuque, Iowa, according to the recorded Plat revised Federal Emergency Management thereof, Agency’s preliminary flood plain maps. Upon Section 2. That the City Clerk be and she motion the document was received and filed. is hereby directed to record this Resolution and Sheriff’s Deed to the Dubuque County Fiscal Year 2011 Wage Plan and Compen- Assessor and the Dubuque County Auditor. sation Package for Non-Bargaining Unit Em- Passed, approved and adoptedthis 15th ployees: City Manager recommending approv- day of March, 2010. al of the Fiscal Year 2011 Wage Plan and Roy D Buol, Mayor Compensation Package for non-bargaining Attest: Jeanne F. Schneider, CMC, City Clerk unit employees. Upon motion the documents were received and filed and Resolution No. 79- PEG Capital Grant Expenditure Request: 10 Approving the Wage Plan and Compensa- City Manager recommending approval of the tion Package for non-bargaining unit em- Cable TV Tele-Programming Commission rec-ployees for Fiscal Year 2011 was adopted. ommendation for funding from the Public, RESOLUTION NO. 79-10 Educational, and Government (PEG) Capital APPROVING THE WAGE PLAN AND COM- Grant for Access Equipment and Facilities in PENSATION PACKAGE FOR NON- the amount of $72,000 for Loras College for BARGAINING UNIT EMPLOYEES FOR FIS- the necessary equipment to operate shared CAL YEAR 2011 educational Channel 17. Upon motion the documents were received and filed. Whereas, the City Manager has recom- mended that the Non-bargaining Unit Wage Rural Business Enterprise Grant (RBEG): Plan for General Employee classifications and Communication to Bill Menner, State Director the Non-assigned classifications be increased – Rural Development for the U.S. Department by 3.5% across-the-board effective July 1, of Agriculture, in support of the Rural Business 2010; and Enterprise Grant (RBEG) application to devel-Whereas, the City Council provides a com- op an assessment map for biomass fuel within pensation package to Non-bargaining Unit the Greater Dubuque region and northeast employees similar to the compensation pack- Iowa. Upon motion the documents were re-age to be received by Bargaining Unit em- ceived and filed. ployees; and Whereas, the proposed wage increase for Council Appointments: Communication Non-bargaining Unit employees is consistent from the Iowa League of Cities requesting that with the wage increase to be received by em- City Council Member Dirk Voetberg serve on ployees represented by the Firefighters Asso- the Legislative Policy Committee. ciation, Police Officers Association and Team- Communication from the National League sters Unions bargaining units. of Cities advising that City Council Member NOW, THEREFORE, BE IT RESOLVED Dirk Voetberg has been appointed to the NLC BY THE CITY COUNCIL OF THE CITY OF 2010 Community and Economic Development DUBUQUE, IOWA: Policy and Advocacy Committee. Book 140 Regular Session, March 15, 2010 85 Section 1. That the Non-bargaining Unit Mexican Restaurant, P.J. Tap, Neighbor’s, and Wage Plan for General Employee classifica-Rosewood Diner/Supper Club were adopted. tions and Non-assigned classifications is here- RESOLUTION NO. 80-10 by approved. th Passed, approved and adopted this 15 NOW, THEREFORE, BE IT RESOLVED day of March, 2010. BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That the following having complied with the provisions of law relating to the sale of Ciga- Amendment to Collective Bargaining rettes within the City of Dubuque, Iowa, be Agreement – Teamsters Local No. 120: City granted a permit to sell Cigarettes and Ciga- Manager recommending approval of an rette Papers within said City. amendment to the Collective Bargaining NEW Agreement with the Teamsters Union to pro-The Riviera Lounge, Ltd., O’Clock Indus- th vide for a work week that consists of ten hours tries, Inc., 116 W. 13 Street th per day and four days per week for the Airport Passed, approved and adopted this 15 Maintenanceworkers and Airport Mechanic. day of March, 2010 Upon motion the documents were received, Roy D. Buol, Mayor filed, and approved. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 81-10 Tobacco Use Prevention and Control Community Partnership Grant: Letter of sup-Whereas, applications for Liquor Licenses port for the Hillcrest Family Services / Dubu-have been submitted to this Council for ap- que County application for funds through the proval and the same have been examined and Tobacco Use Prevention and Control Commu-approved; and nity Partnership Grant. Upon motion the doc-Whereas, the premises to be occupied by uments were received, filed, and approved. such applicants were inspected and found to comply with the State Laws and all City Ordin- Housing Commission: Communication ances relevant thereto and they have filed from the Housing Commission regarding the proper bonds. minutes of the Enforcement Subcommittee of NOW, THEREFORE, BE IT RESOLVED the Safe Community Task Force meeting of BY THE CITY COUNCIL OF THE CITY OF January 20, 2010. Upon motion the documents DUBUQUE, IOWA: were received and filed. That the Manager be authorized to cause to be issued the following named applicants a Signed Contracts: Qwest contract related Liquor License. to the parking ramp at 975 Central Avenue; CLASS “C” BEER/LIQUOR LICENSE Agreement for Architectural and Project Plan City of Dubuque, Bunker Hill Golf Course Review for Energy Star Certification and Utility +(Sunday/Outdoor Sale), 2200 Bunker Hill Rebates with Eco Smart Building, PC for the Salsa’s, Inc., Salsa’s Mexican Restaurant new parking ramp. Upon motion the docu-+(Sunday Sale), 1091 Main Street ments were received and filed. Lana Kaye LuGrain, P.J.’s Tap +(Sunday Sale), 500 Rhomberg Avenue Business License Refunds: Request of Neighbor’s, Inc., Neighbor’s Tap, 1899 Bammers Sports Bar and Grill, LLC, for a re-Rockdale Road fund of Beer and Liquor License #LC0037050 Rosewood Diner/Supper Club, Rosewood in the amount of $422.50. Diner/Supper Club +(Sunday Sale), 3187 Uni- Request of Donald W. Geiger, A & B Tap, versity Avenue th for a refund of Beer and Liquor License Passed, approved and adopted this 15 #LC0034101 in the amount of $633.75. day of March, 2010 Upon motion the documents were re-Roy D. Buol, Mayor ceived, filed, and the refunds approved. Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Liquor License Applications: City Manager recommending approval of annual liquor li- cense renewals as submitted. Upon motion the Motion by Lynch to receive and file the documents were received and filed and Reso-documents, adopt the resolutions, set the pub- lution No. 80-10 Granting the issuance of one lic hearings as indicated, and direct the City new cigarette license to O’Clock Industries Clerk to publish notice as prescribed by law. Incorporated and Resolution No. 81-10 Grant-Seconded by Connors. Motion carried 6-0. ing the issuance of a Class “C” Beer/Liquor License to Bunker Hill Golf Course, Salsa’s 86 Regular Session, March 15, 2010 Book 140 th Fiscal Year 2011–2015 Consolidated Plan Passed, approved and adopted this 15 and Analysis of Impediments to Fair Housing: day of March, 2010. City Manager recommending that a public Roy D. Buol, Mayor hearing be set for April 19, 2010 to consider Attest: Jeanne F. Schneider, CMC, City Clerk approval of the Fiscal Year 2011–2015 Con- RESOLUTION NO. 83-10 solidated Plan and Analysis of Impediments to SETTING A PUBLIC HEARING ON THE Fair Housing. Upon motion the documents ANALYSIS OF IMPEDIMENTS TO FAIR were received and filed and Resolution No. 82- HOUSING. 10 Setting a public hearing on the Fiscal Year 2011–2015 Consolidated Plan for Housing and Whereas, the U.S. Department of Housing Community Development and Resolution No. and Urban Development requires each en- 83-10 Setting a public hearing on the Analysis titlement city to conduct an Analysis of Impe- of Impediments to Fair Housing were adopted diments to Fair Housing (AI); and setting a public hearing for a meeting to com-Whereas, the City of Dubuque has con- mence at 6:30 p.m. on April 19, 2010 in the ducted an Analysis of Impediments to Fair Historic Federal Building. Housing that identifies impediments and pro- poses a fair housing action plan to eliminate RESOLUTION NO. 82-10 these impediments; and SETTING A PUBLIC HEARING ON THE FY Whereas, the Analysis of Impediments to 2011-2015 CONSOLIDATED PLAN FOR Fair Housing will be made available for public HOUSING AND COMMUNITY DEVELO- comment 30 days prior to City Council action; MENT. and Whereas, the U.S. Department of Housing Whereas, the City's Community Develop- and Urban Development requires each en-ment Advisory Commission has reviewed and titlement city to submit a Consolidated Plan for recommends adoption of the Analysis of Im- Housing and Community Development, includ-pediments to Fair Housing. ing the proposed use of its Community Devel-NOW, THEREFORE, BE IT RESOLVED opment Block Grant funds at least 45 days BY THE CITY COUNCIL OF THE CITY OF prior to its program year; and DUBUQUE, IOWA: Whereas, the City of Dubuque has, Section 1. That the City Council will meet through a series of public meetings and hear-in the Historic Federal Building, Council ndth ings, finalized a Consolidated Plan addressing Chambers, 2 Floor, 350 West 6 Street, Du- both housing and non-housing needs in the buque, Iowa at 6:30 p.m. on April 19, 2010 for community; and the purpose of holding a public hearing and Whereas, FY 2011-2015 Consolidated taking action on the Analysis of Impediments Plan (Program Year 2010-2014) for Housing to Fair Housing. and Community Development will be made Section 2. That the City Clerk be and she available for public comment 30 days prior to is hereby authorized and directed to publish a City Council action; and notice of such public hearing and the City Whereas, the City's Community Develop-Council’s intent to review and take action on ment Advisory Commission has reviewed and the Analysis of Impediments to Fair Housing. th recommended adoption of the FY 2011-2015 Passed, approved and adopted this 15 Consolidated Plan (Program Year 2010-2014) day of March, 2010. for Housing and Community Development. Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF BOARDS/COMMISSIONS DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Applicants were invited to address the City ndth Chambers, 2 Floor, 350 West 6 Street, Du-Council regarding their desire to serve on the buque, Iowa at 6:30 p.m. on April 19, 2010 for following Boards/Commissions: Community the purpose of holding a public hearing and Development Advisory Commission. One 3- taking action on the FY 2011-2015 Consoli-year term through February 15, 2013 (At-Large dated Plan (Program Year 2010-2014) for Term of Gukeisen). Applicant: Peter Koshakji, Housing and Community Development. 1076 ½ University Avenue. Section 2. That the City Clerk be and she Appointments to the following is hereby authorized and directed to publish a Boards/Commissions: Civil Service Commis- notice of such public hearing and the City sion. One 4-year term through April 6, 2014 Council’s intent to review and take action on (Term of Schilling). Applicants: Tom Rawson, the FY 2011-2015 Consolidated Plan (Pro-2310 Knob Hill Drive; Jim Schilling, 3283 Bit- gram Year 2010-2014) for Housing and Com-tersweet Lane. Upon concurrence from the munity Development. City Council, Mayor Buol appointed Jim Schil- Book 140 Regular Session, March 15, 2010 87 DEVELOPMENT CODE, BY PROVIDING ling to the Civil Service Commission for a 4- FOR THE APPROVAL OF AN AMENDED year term through April 6, 2014. CAMPUS DEVELOPMENT PLAN TO AL- Mechanical Board: Two 3-year terms LOW CONSTRUCTION OF AN EXPANDED through March 16, 2013 (Terms of Kelly, Papin PARKING LOT FOR THE UNIVERSITY OF and Bandy). Applicants: Michael Kelly, 2875 DUBUQUE ID INSTITUTIONAL DISTRICT Timber Line Drive; Paul Papin, 2955 Jackson NEAR THE CORNER OF FINLEY AND Street. Motion by Braig to appoint Michael WEST STREETS. Kelly and Paul Papin to the Mechanical Board for two 3-year terms through March 16, 2013. NOW, THEREFORE, BE IT OR- Seconded by Resnick. Motion carried 6-0. DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Zoning Board of Adjustment: One 5-year Section 1. That Title 16 of the City of Du- term through March 25, 2015 (Term of Ruden). buque Code of Ordinances, Unified Develop- Applicants: Ryan Anglese, 2752 Carlton Ave-ment Code, be amended by providing for the nue; Michael Ruden, 3256 Arrowwood Lane. approval of an amended campus development Upon roll call vote Michael Ruden was ap-plan for the University of Dubuque ID Institu- pointed to the Zoning Board of Adjustment for tional District, a copy of which is on file with a 5-year term through March 25, 2015. the City of Dubuque Planning Services De- partment. PUBLIC HEARINGS Section 2. Institutional District Regulations. A. Use Regulations Upon motion the rules were suspended al-The following regulations shall apply to lowing anyone present to address the City all uses made of land in the above- Council. described ID Institutional District: 1. Principal permitted uses shall be li- University of Dubuque – Request to mited to: Amend ID Institutional District: Proof of publi-a. Offices for administrative person- cation on notice of public hearing to consider a nel or other institutional em- request from the University of Dubuque to ployees and affiliates. amend the University of Dubuque ID Institu-b. Churches, libraries, and mu- tional District to allow for an expanded parking seums. lot near the corner of Finley and West Streets c. Classrooms, laboratories, lecture (2320 / 2350 West Street and 1211 Finley halls, and similar places of institu- Street) and Zoning Advisory Commission re-tional assembly. commending approval. Motion by Connors to d. Off-street parking and loading. receive and file the documents and that the e. Recreational or athletic facilities requirement that a proposed ordinance be for the primary use and benefit of considered and voted on for passage at two institutional residents or affiliates. Council meetings prior to the meeting at which f. Single-family, two-family or multi- it is to be passed be suspended. Seconded by family dwellings for the housing of Braig. Motion carried 6-0. institutional residents or affiliates. Motion by Connors for final consideration 2. Accessory Uses. The following and passage of Ordinance No. 18-10 Amend-uses shall be permitted as ac- ing Title 16 of the City of Dubuque Code of cessory uses in the above- Ordinances, Unified Development Code, by described ID Institutional Dis- providing for the approval of an amended trict. campus development plan to allow construc-a. Located entirely within a principal tion of an expanded parking lot for the Univer-building, bookstores, or bars seat- sity of Dubuque ID Institutional District near ing not more than seventy-five the corner of Finley and West Streets. (75) persons at one time and lo- Seconded by Braig. Jim Steiner, Vice Presi-cated not closer than two hundred dent of Finance for the University of Dubuque, feet (200’) from the nearest Resi- 2000 University Avenue, spoke in support of dential or Office Residential Dis- the proposed ordinance and stated that hous-trict. es affected by the development would be de-b. All uses customarily incidental to constructed or relocated. Planning Services the principal permitted uses in Manager Laura Carstens provided a staff re-conjunction with which such ac- port. Motion carried 6-0. cessory uses operated or main- tained, but not to include com- OFFICIAL PUBLICATION mercial use outside the principal ORDINANCE NO. 18-10 building. AMENDING TITLE 16 OF THE CITY OF DU- 3. No conditional uses shall be al- BUQUE CODE OF ORDINANCES, UNIFIED lowed. 88 Regular Session, March 15, 2010 Book 140 [ ] Parking requirements as per Sec-es must be reviewed by tion D of this Ordinance. Planning Services staff for B. Lot and Bulk Regulations compliance with the Development of land in the ID In-adopted Institutional Dis- stitutional District shall be regulated trict regulations. as follows: E. Sign Regulations The proposed parking lot at the The sign regulations shall be the corner of Finley and West Streets same as that which are allowed in shall be constructed in substantial the ID Institutional District as estab- conformance with the attached lished in Article 15 of the Unified De- amended campus development plan velopment Code. and all final site plans are to be ap-F. Additional Standards proved in accordance with provisions That all previously approved of the ID Institutional District regula-campus development plans are he- tions. reby amended to allow for the at- C. Performance Standards tached campus development plan. The development and mainten-G. Transfer of Ownership ance of uses in this ID Institutional Transfer of ownership of property District shall be established in con-in this ID Institutional District requires formance with Section 5-22 of the rezoning of the property to an appro- Unified Development Code and the priate zoning district. following standards: H. Modifications 1. The storm water control Any modifications of this Ordin- shall be designed and ance must be approved by the City built in accordance with Council in accordance with zoning City Regulations subject reclassification proceedings of Article to review and approval by 9 of the Unified Development Code. the City of Dubuque Engi-I. Recording neering Department. A copy of this ordinance shall be 2. That appropriate erosion recorded at the expense of the prop- and sediment control will erty owner(s) with the Dubuque be installed prior to com-County Recorder as a permanent mencement of any land record of the conditions accepted as disturbing activity related part of this reclassification approval to the subject project, in-within thirty (30) days of the adoption cluding all required state of this ordinance. This ordinance and city permits related to shall be binding upon the under- erosion control. signed and all his/her heirs, succes- 3. New outdoor lighting shall sors and assignees. utilize 72-degree cut-off Section 3. The foregoing amendment has luminaries. heretofore been reviewed by the Zoning Advi- 4. Landscaping shall be pro-sory Commission of the City of Dubuque, vided in compliance with Iowa. Article 13 of the Unified Section 4. The foregoing amendment shall Development Code. take effect upon publication, as provided by 5. All utilities, including tele-law. th phone and cable televi-Passed, approved and adopted this 15 sion, shall be installed un-day of March, 2010. derground. /s/Roy D. Buol, Mayor 6. Final site plans shall be Attest: submitted in accordance /s/Jeanne F. Schneider, CMC, City Clerk with Articles 12 and 13 of Published officially in the Telegraph Herald th the Unified Development Newspaper the 19 day of March, 2010. Code. /s/Jeanne F. Schneider, CMC, City Clerk D. Parking Requirements The off-street parking require-Bethany Home – Request to Rezone: ments for the principal permitted Proof of publication on notice of public hearing uses for the herein described ID In-to consider a request from Glinda Manternach, stitutional District shall be regulated Bethany Home, to rezone property located at as follows. 921 / 925 Lincoln Avenue from R-2A Alternate 1. Any significant expansion Two-Family Residential District to R-3 Mod- or reduction in the number erate Density Multi-Family Residential District of off-street parking spac-and Zoning Advisory Commission recommend- Book 140 Regular Session, March 15, 2010 89 ing approval. Motion by Connors to receive Dubuque Property Investments, LLC, – and file the documents and that the require-Request to Rezone: Proof of publication on ment that a proposed ordinance be considered notice of public hearing to consider a request and voted on for passage at two Council meet-from Greg Prehm / Dubuque Property Invest- ings prior to the meeting at which it is to be ments, LLC, to rezone property located at passed be suspended. Seconded by Jones. 2639 University Avenue (Lots 46 through 50 of Motion carried 6-0. the Lenox Addition along Beverly Avenue) Motion by Connors for final consideration from R-1 Single-Family Residential District to and passage of Ordinance No. 19-10 Amend-R-2 Two-Family Residential District and Zon- ing Title 16 of the City of Dubuque Code of ing Advisory Commission recommending Ordinances, Unified Development Code, by denial. Motion by Connors to receive and file reclassifying hereinafter described property the documents and concur with the denial of a located at 921 / 925 Lincoln Avenue from R-2A proposed ordinance amending Title 16 of the Alternate Two-Family Residential District to R-City of Dubuque Code of Ordinances, Unified 3 Moderate Density Multi-Family Residential Development Code, by reclassifying hereinaf- District. Seconded by Jones. Planning Servic-ter described property located at 2639 Univer- es Manager Laura Carstens provided a staff sity from R-1 Single-Family Residential District report. Glinda Manternach, speaking on behalf to R-2 Two-Family Residential District. of Bethany Home, 1005 Lincoln Avenue, Seconded by Braig. Executive Director of stated that the two houses affected by the re-Greater Dubuque Development Corporation quest were salvaged and are now gone. Mo-Rick Dickinson, 300 Main Street, spoke on tion carried 6-0. behalf of the developers and asked that the request be tabled in order to give the develop- OFFICIAL PUBLICATION er time to work out issues with the neighbors. ORDINANCE NO. 19-10 Dan O’Meara, 2631 Nebraska Street; Carol AMENDING TITLE 16 OF THE CITY OF DU- Steckel, 2645 University Avenue; and Bruce BUQUE CODE OF ORDINANCES, UNIFIED Schaal, 2765 Beverly Street, spoke in opposi- DEVELOPMENT CODE, BY RECLASSIFY- tion to the request citing concerns over addi- ING HEREINAFTER DESCRIBED PROPER- tional traffic, multiple vehicles and tenants, TY LOCATED AT 921/925 LINCOLN AVE- unsightly development, and uncooperative NUE FROM R-2A ALTERNATE TWO- landlords. City Attorney Lindahl stated that a FAMILY RESIDENTIAL DISTRICT TO R-3 denial of the request requires the developer to MODERATE DENSITY MULTI-FAMILY RES- re-file with the Zoning Commission. Planning IDENTIAL DISTRICT Services Manager Laura Carstens stated that NOW, THEREFORE, BE IT ORDAINED R2 Residential Development does not require BY THE CITY COUNCIL OF THE CITY OF the submission of a site plan or screening DUBUQUE, IOWA: conditions and that the project meets City Section 1. That Title 16 of the City of Du-codes. Motion to concur with the denial carried buque Code of Ordinances, Unified Develop-6-0. ment Code, is hereby amended by reclassify- ing the hereinafter-described property from R-Request to Rezone – Historic Millwork Dis- 2A Alternate Two-Family Residential District to trict: Proof of publication on notice of public R-3 Moderate Density Multi-Family Residential hearing to consider a request from the City of District, to wit: Dubuque to rezone property located south of th Lot 33 and Lot 34, Hooper’s Addition, and 12 Street, east of White Street and west of to the centerline of the adjoining public right-of-Highway 61/151 from C-4 Downtown Com- way, all in the City of Dubuque, Iowa. mercial and HI Heavy Industrial District to PUD Section 2. The foregoing amendment has Planned Unit Development District with a PC heretofore been reviewed by the Zoning Advi-Planned Commercial designation for the His- sory Commission of the City of Dubuque, toric Millwork District PUD and Zoning Advi- Iowa. sory Commission recommending approval. Section 3. This ordinance shall take effect Motion by Connors to receive and file the docu- immediately upon publication, as provided by ments and that the requirement that a proposed law. ordinance be considered and voted on for pas- th Passed, approved and adopted this 15 sage at two Council meetings prior to the meeting day of March, 2010. at which it is to be passed be suspended. /s/Roy D. Buol, Mayor Seconded by Jones. Motion carried 6-0. Attest: Motion by Connors for final consideration /s/Jeanne F. Schneider, CMC, City Clerk and passage of Ordinance No. 20-10 Amend- Published officially in the Telegraph Herald ing Title 16, of the City Of Dubuque Code Of th Newspaper the 19 day of March, 2010. Ordinances, Unified Development Code, by /s/Jeanne F. Schneider, CMC, City Clerk reclassifying hereinafter described property th located south of 12 Street, east of White 90 Regular Session, March 15, 2010 Book 140 Street and west of Highway 61/151 from C-4 Section 1. That Title 16, the Unified Devel- Downtown Commercial and HI Heavy Industri-opment Code of the City of Dubuque Code of al District to PUD Planned Unit Development Ordinances is hereby amended by reclassify- District with a PC Planned Commercial desig-ing the hereinafter-described property from C- nation for the Historic Millwork District PUD. 4 Downtown Commercial and HI Heavy Indus- Seconded by Braig. John Rettenmeier, 1105 trial District to PUD Planned Unit Development Loras Blvd., spoke expressing his concerns District with a PC Planned Commercial District over the condition of Washington Street; Phil designation and adopting a conceptual devel- Mihalakis 2602 Hacienda Drive, spoke in op-opment plan, a copy of which is attached to position to his two parcels being included in and made a part hereof, to be known as the the proposed zoning. Attorney Jennifer Cle-Historic Millwork District PUD , is hereby mens Conlon, 2080 Southpark Ct. adopted and approved for the following de- representing Stakis, LLC, and A&K Leasing, scribed property, to wit: asked that the district maps be corrected to All real property generally located south of th show proper ownership of her clients’ parcel, 12 Street, east of White Street and west reconsider realigning Elm Street for parking, of Highway 61/151 as highlighted in Exhibit and plan staggered development around her A, and to the centerline of the adjoining clients’ property. Ellen Goodmann Miller, His-public right-of-way, all in the City of Dubu- toric Millwork District Resource Development que, Iowa. rd A. Use Regulations. Director, 421 West 3 Street; Dubuque Main Street Executive Director Dan LoBianco, 1069 The following regulations shall apply Main Street; Tim McNamara, 700 Sunset to all uses made of land in the Ridge, and John Gronen, Gronen Properties, above-described PC Planned Com- 1056 Main Street, spoke in support of the re-mercial District: Principal permitted uses: zoning. P.J. Anglin, Managing Partner for A&K The follow- Leasing, 390 E12th Street, questioned why he ing uses are permitted in the Historic was not notified of public input meetings add-Millwork District PUD: ing that although he supported the plan, he 1. Places of religious exercise th believed the district should end at 11 Street or assembly. until the first phase is successfully completed. 2. Public, private or parochial John White, 434 Burch Street, requested that school approved by State of his properties not be included in the rezoning Iowa (K-12). citing conflicts between residential and heavy 3. Public or private park, golf industrial uses. Dave Miner, 1048 White course, or similar natural Street, stated that he has no objections to the recreation area. rezoning but objected to the conditional use 4. Railroad and public or quasi- permit process which could limit expansion. public utility, including subs- Planning Services Manager Laura Carstens tation. provided a staff report and stated that existing 5. Residential use. businesses can operate as usual, but expan-6. Housing for the elderly and sions will require conditional use permits under persons with disabilities (not this PUD. She added that the City uses County identified with (5) above). records to send notices to the property owners 7. Noncommercial art gallery. of record. Motion carried 6-0. 8. Museum or library. 9. School of private instruction. OFFICIAL PUBLICATION 10. Private club. ORDINANCE NO. 20-10 11. General office. AN ORDINANCE AMENDING TITLE 16, THE 12. Medical office or clinic. UNIFIED DEVELOPMENT CODE OF THE 13. Dental or medical lab. CITY OF DUBUQUE CODE OF ORDIN- 14. Barber or beauty shop. ANCES BY RECLASSIFYING HEREINAF- 15. Hotel. TER DESCRIBED PROPERTY LOCATED 16. Shoe repair. TH SOUTH OF 12 STREET, EAST OF WHITE 17. Laundry or drycleaner. STREET AND WEST OF HIGHWAY 61/151 18. Bakery (wholesale or com- FROM C-4 DOWNTOWN COMMERCIAL mercial). AND HI HEAVY INDUSTRIAL DISTRICT TO 19. Retail sales or service. PUD PLANNED UNIT DEVELOPMENT DIS- 20. Indoor restaurant. TRICT WITH A PC PLANNED COMMERCIAL 21. Bar or tavern. DESIGNATION FOR THE HISTORIC MILL- 22. Supermarket. WORK DISTRICT PUD. 23. Tailoring or alterations. NOW, THEREFORE, BE IT ORDAINED 24. Furniture or home furnishing. BY THE CITY COUNCIL OF THE CITY OF 25. Appliance sales or service. DUBUQUE, IOWA: 26. Animal hospital or clinic. Book 140 Regular Session, March 15, 2010 91 27. Laundromat. provided that such use com- 28. Furniture upholstery or re-plies with all local, state, and pair. federal regulations governing 29. Artist studio. hazardous substances, ha- 30. Photographic studio. zardous conditions, hazard- 31. Neighborhood shopping cen-ous wastes, and hazardous ter. materials. 32. Business services. 10. Freight transfer facility. 33. Department store. 11. Moving or storage facility. 34. Auditorium or assembly hall. 12. Millworking. 35. Indoor theater. 13. Manufacture, assembly, re- 36. Bank, savings and loan, or pair or storage of electrical or credit union. electronic products, compo- 37. Indoor amusement center. nents or equipment. 38. Vending or game machine 14. Manufacture or assembly of sales and service. musical instruments; toys; 39. Indoor recreation facility. watches or clocks; medical, 40. Mail order house. dental, optical or similar 41. Printing or publishing. scientific instruments; ortho- 42. Parking structure. pedic or medical appliances; 43. Vocational school. signs or billboards. 44. Business or secretarial 15. Manufacturing, compound- school. ing, assembly or treatment of 45. Passenger transfer facility. articles or products from the 46. Warehousing and storage following substances: cloth- facility. ing or textiles;rubber, pre- 47. Artisan production shop. cious or semiprecious stones Accessory Uses: The following acces-or metals; wood; plastics; sory uses are permitted in the Historic paper; leather; fiber; glass; Millwork District PUD: hair; wax; metal; concrete; 1. Any use customarily inciden-feathers; fur; cork; and cellu- tal and subordinate to the loid or cellulose products. principal use it serves. 16. District energy system. 2. Boiler system in use as part 17. Private energy generation of an industrial business or facility. use. 18. Exterior storage. 3. Outdoor seating as part of an 19. Licensed child care centers, indoor restaurant, bar or ta-provided that: vern. a. Such facility shall supply Conditional Uses: The following condi-loading and unloading tional uses are permitted in the Historic spaces so as not to ob- Millwork District PUD, subject to the struct public streets or provisions of Article 8 of the Unified De-create traffic or safety ha- velopment Code that establishes re-zards; quirements for application to the Zoning b. All licenses have been is- Board of Adjustment for a conditional sued or have been applied use permit, and any other specific con-for and are awaiting the ditions listed below for a conditional outcome of the state’s de- use. cision; and 1. Drive-in or carry-out restau-c. Such use shall not rant. be located within the 2. Drive-up automated bank tel-same structure as any gas ler. station, bar/tavern, auto- 3. Vehicle rental. mated gas station or any 4. Construction supplies sales facility selling, servicing, and service. repairing, or renting ve- 5. Contractor shop or yard. hicles. 6. Wholesale sale/distributor. d. The conditional use appli- 7. Agricultural supply sales. cant certifies that the pre- 8. Lumberyard or building ma-mises on which the li- terials. censed child care center 9. Laboratory for research, de-will be located complies velopment or engineering, with, and will for so long 92 Regular Session, March 15, 2010 Book 140 B. Lot and Bulk Regulations. as the licensed child care center is so located, con-The following bulk regulations shall tinue to comply with all lo-apply in the Historic Millwork Dis- cal, state and federal trict PUD, subject to the provisions regulations governing ha-of the Unified Development Code. zardous substances, ha-1. Setbacks: zardous conditions, ha-a) Front yard = 0 feet zardous wastes, and ha-b) Side yard = 0 feet zardous materials. c) Rear yard = 0 feet e. If the applicant is subject 2. Building Height = no maxi- to the requirements of mum. Section 302 of the Super-3. New Construction Transition. fund Amendments and New construction on the th Reauthorization Act of blocks between 12 Street th 1986, as amended, the and 11 Street should transi- Emergency Management tion in scale from the Wash- Director shall certify ington Neighborhood to the whether or not the appli-District PUD. C. Sign Regulations. cant has submitted a cur- rent inventory of extremely 1. The number, size and location of hazardous substances signs in the Historic Millwork Dis- kept or stored on the pre-trict PUD shall be regulated in mises. If any such ex-accordance with Exhibit C and all tremely hazardous sub-other applicable regulations of stances are kept or stored Article 15 of the Unified Devel- on the premises, the ap-opment Code. plicant shall also post in a 2. A comprehensive sign plan is re- conspicuous place on the quired as part of the sign permit premises a notice indicat-submittal for all multi-tenant ing a description of the ex-buildings. tremely hazardous sub-3. Free-standing signs in the Dis- stances, and the physical trict PUD shall be monument- and health hazards pre-style signs. sented by such sub-4. The design of signage shall stances. comply with the Downtown De- f. Applicant shall submit an sign Guidelines for signs. Waiver evacuation plan for ap-requests from these guidelines proval by the City, both shall be reviewed by the Historic written and drawn, that Preservation Commission in ac- details where the children cordance with the provisions of will go in the event of a Article 10 of the Unified Devel- hazardous materials inci-opment Code. dent. The plan shall in-5. Variance requests from sign re- clude a “house in place” quirements established in Article scenario in which the 15 of the Unified Development children can be kept safe-Code shall be reviewed by the ly within a room of the Zoning Board of Adjustment in building that has no pene-accordance with provisions of Ar- tration to the outside (win-ticle 8 of the Unified Develop- dows, doors, etc). ment Code. g. Applicant shall submit 6. Off-premise signs are prohibited plans for approval by the in the Historic Millwork District City that indicate the in-PUD. D. Performance Standards. stallation of a main emer- gency shut-off switch for Creation of a viable, equitable, and the heating, ventilation, livable mixed-use neighborhood in and air conditioning the Historic Millwork District PUD (HVAC) system to minim-that includes residential, retail, of- ize the infiltration risk of fice, commercial, and industrial uses airborne hazardous mate-requires both strategy and flexibility rials. for its sustainability. The develop- ment and maintenance of uses in the Historic Millwork District PUD Book 140 Regular Session, March 15, 2010 93 conceptually should follow the goals, a. Parking lot design objectives, and recommendations of shall comply with the the Historic Millwork District Master Downtown Design Plan, incorporated herein by refer-Guidelines for surface ence and on file in the Planning parking lots. Services Department. The develop-b. All vehicle-related ment and maintenance of uses in features shall be sur- the Historic Millwork District PUD faced with standard or shall be regulated as follows: permeable asphalt, 1. Conceptual Development concrete, or pavers. Plan c. Curbing and a. Referenced herein as Sec-proper surface drai- tion 5. Development Sum-nage of storm water mary of the Historic Millwork shall be provided. District Master Plan, and d. All parking and load- shown on Exhibit B, on file ing spaces shall be in the Planning Services delineated on the sur- Department, and made a facing material by part of this zoning reclassi-painted stripes or fication by reference as the other permanent Conceptual Development means. Plan for the Historic Mill-e. The size and design work District PUD. of parking spaces b. It is recognized that minor shall be governed by shifts or modifications to the applicable provisions general plan layout may be of the Unified Devel- necessary and compatible opment Code en- with the need to acquire forced at the time of workable street patterns, development of the grades and usable building lot. sites. f. The number, size, c. The Land Use / design, and location Development Patterns de-of parking spaces picted in the Historic Mill-designated for per- work District Master Plan for sons with disabilities ground floor uses reflect a shall be according to predominance of residential the local, state, or uses; however, for District federal requirements sustainability, these ground in effect at the time of floor uses shall be characte-development. rized by a flexible designa-3. Parking Structures. Parking tion for the Historic Millwork structures (ramps) are al- District PUD Conceptual lowed in the Historic Millwork Development Plan as District PUD subject to City shown in Exhibit B. Council review and the fol- 2. Parking Regulations lowing standards: Off-street parking is not re-a. Parking structures shall quired as part of the Historic comply with the Down- Millwork District PUD. Off-town Design Guidelines street parking spaces may for parking facilities. be provided in a building as b. The size and design of an accessory use, subject to parking spaces shall be review and approval under governed by applicable Building, Fire, and other ap-provisions of the Uni- plicable City Codes. If a fied Development Code property owner chooses to enforced at the time of provide surface off-street development. parking within the District c. The number, PUD, the City Council must size, design, and loca- first approve the request and tion of parking spaces the following regulations designated for persons shall apply: with disabilities shall be according to the local, 94 Regular Session, March 15, 2010 Book 140 state or federal require-town Design Guidelines ments in effect at the and the Historic Millwork time of development. District Master Plan. 4. Site Lighting ii. Within one (1) year follow- a. Exterior illumination of site ing completion of con- features shall be limited to struction, or by the date the illumination of the fol-that a building is issued an lowing: occupancy certificate by i. Parking areas, the Building Services De- driveways and partment of the City of loading facilities. Dubuque, whichever oc- ii. Pedestrian walk-curs first, required open way surfaces and space amenities shall be entrances to build-installed. ing. 6. Stormwater Management iii. Building exterior. The developer shall be re- b. Location and Design sponsible for providing i. All exterior lighting lumi-stormwater management in a naries shall be designed means that is satisfactory to and installed to shield the City Engineer and con- light from the luminaries sistent with the Historic Mill- at angles above 72-work District Master Plan. degrees from vertical. Sustainable, low impact de- ii. Fixtures mounted on a velopment techniques for building shall not be posi-stormwater management ap- tioned higher than the proved by the City Engineer roofline of the building. will be used where feasible. iii. All electrical service lines Other applicable regulations to posts and fixtures also enforced by the City shall be underground Engineer relative to stormwa- and concealed inside the ter management and drai- posts. nage shall apply to the sub- iv. The design of exterior ject property. lighting luminaries shall 7. Exterior Trash Collection comply with the Down-Areas town Design Guidelines a. The storage of trash for signs. Waiver re-and debris shall be quests from these guide-limited to that pro- lines shall be reviewed duced by the principal by the Historic Preserva-permitted use and ac- tion Commission in ac-cessory uses of the cordance with the provi-lot. sions of Article 10 of the b. All exterior trash col- Unified Development lection areas and the Code. materials contained 5. Open Space therein shall be vi- It is the intent of these regu-sually screened from lations that the development view. The screening of open spaces (if provided) shall be completely shall reflect a high quality of opaque fence, wall or environmental design. The other feature not ex- following provisions shall ap-ceeding a height of ply. 10 feet measured i. Open space plans are re-from the ground level quired as part of submit-outside the line of the tals for site plan review. screen. Screens built Such plans are to include on sloping grades type, number and size of shall be stepped so proposed plantings, pav-that their top line shall ing and other open space be horizontal. All ex- amenities. Open space terior entrances to a areas shall be designed in screened trash area compliance with Down-shall be provided with Book 140 Regular Session, March 15, 2010 95 E. Other Codes and Regulations a gate or door of simi- lar design to that of 1. Service Lines. All electric, the screen. telephone, cable, or other c. Exterior trash collec-similar utility lines serving the tion areas shall comp-building and other site fea- ly with the Downtown tures shall be located under- Design Guidelines for ground, where feasible. service areas. 2. These regulations do not re- 8. Exterior Storage lieve the owner from other a. Exterior storage is al-applicable city, county, state lowed in the Historic or federal codes, regulations, Millwork PUD District. laws and other controls rela- Exterior storage areas tive to the planning, con- shall comply with the struction, operation and Downtown Design management of property Guidelines for service within the city of Dubuque. F. Transfer of Ownership areas. b. The use of semi-Transfer of ownership or lease of trailers and/or shipping property in the Historic Millwork Dis- containers for storage trict PUD shall include in the transfer is prohibited. or lease agreement a provision that 9. Final site development plans the purchaser or lessee acknowl- shall be submitted in accor-edges awareness of the conditions dance with provisions of Ar-authorizing the establishment of the ticle 12 and Article 13 of the District PUD. G. Recording Unified Development Code prior to construction or ex-A copy of this PUD Ordinance shall pansion of any buildings, be recorded, at the expense of the free-standing signs, or park-City of Dubuque, with the Dubuque ing facilities. The Downtown County Recorder as a permanent Design Guidelines shall ap-record of the conditions accepted as ply to site development in the part of this reclassification approval. District PUD, and shall take This ordinance shall be binding precedence over the Design upon the undersigned and his/her Standards for Big Box Retail heirs, successors and assigns. Uses (over 100,000 square Section 2. The foregoing amendment has feet) and the Design Stan-heretofore been reviewed by the Zoning Advi- dards for Retail Commercial sory Commission of the City of Dubuque, Uses (over 60,000 square Iowa. feet) and Regional Shopping Section 3. The foregoing amendment shall Centers in Article 13 of the take effect upon publication, as provided by Unified Development Code. law. th 10. Retail uses should be clus-Passed, approved and adopted this 15 tered around each other and day of March, 2010. adjacent to public spaces, /s/Roy D. Buol, Mayor such as at the intersection of Attest: /s/Jeanne F. Schneider, CMC, City th 10 and Washington Streets, Clerk in the Farley & Loetscher Published officially in the Telegraph Herald thth and Kirby Buildings along 7 Newspaper the 19 day of March, 2010. Street, and in a highly visible /s/Jeanne F. Schneider, CMC, City Clerk commercial corridor at the east edge of the District Vacating Petition – Seippel Road: Proof of along Elm Street. publication on notice of public hearing to con- 11. Land uses should transition sider a request from Toby Kress, representing from industrial on the south Kress Industrial Facility, LLC, to vacate and to residential on the north, release excess right-of-way easement along with new commercial or Seippel Road and City Manager recommend- mixed use buildings along ing approval. Motion by Braig to receive and the new block to be created file the documents and adopt Resolution No. by realigning Elm Street in 84-10 Disposing of interest and vacate an accordance with the Historic excess easement for public roadway over Lot Millwork District Master Plan. 1 of Seippel Road Commercial Park Plat 3 in 96 Regular Session, March 15, 2010 Book 140 the City of Dubuque, Dubuque County, Iowa. Krier as part of the Neighborhood Stabilization Seconded by Connors. Motion carried 6-0. Program and City Manager recommending approval. Motion by Braig to receive and file RESOLUTION NO. 84-10 the documents and adopt Resolution No. 85- RESOLUTION DISPOSING OF INTEREST 10 Disposing of City-owned property, specifi- AND VACATE AN EXCESS EASEMENT cally, Lot Two of Lot Eighty-Six in East Dubu- FOR PUBLIC ROADWAY OVER LOT 1 OF que Addition in the City of Dubuque, County of SEIPPEL ROAD COMMERCIAL PARK PLAT Dubuque, Iowa, according to the recorded plat 3 IN THE CITY OF DUBUQUE, DUBUQUE thereof located at 1699 Washington Street. COUNTY, IOWA Seconded by Connors. Motion carried 6-0. Whereas, pursuant to resolution and pub- RESOLUTION NO. 85-10 lished notice of time and place of hearing, pub- DISPOSING OF CITY-OWNED PROPERTY, lished in the Telegraph Herald, a newspaper of SPECIFICALLY, LOT TWO (2) OF LOT general circulation published in the City of Du- th EIGHTY-SIX (86) IN EAST DUBUQUE ADDI- buque, Iowa on this 5 day of March, 2010, TION IN THE CITY OF DUBUQUE, COUNTY the City Council of the City of Dubuque, Iowa th OF DUBUQUE, IOWA, ACCORDING TO THE met on the 15 day of March, 2010, at 6:30 RECORDED PLAT THEREOF, LOCATED AT p.m. in the Historic Federal Building Council th 1699 WASHINGTON STREET Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider WHEREAS, pursuant to a notice, duly pub- the proposal for the sale of real estate de-lished in the Telegraph Herald newspaper, the st scribed as: City Council of Dubuque, Iowa, met on the 1 Excess Roadway Easement for Public day of March 2010, in the Dubuque Historic th Highway on Lot 1 of Seippel Road Commercial Federal Building, 350 West 6 Street, Dubu- Park Plat 3 in the City of Dubuque, Dubuque que, Iowa to consider the proposal to dispose County, Iowa, as shown on the attached Exhi-of City-owned real estate located at 1699 bit A Washington Street which property is legally Whereas, the City Council of the City of described as follows Dubuque, Iowa overruled any and all objec-Lot Two (2) of Lot Eighty-Six (86) in East Du- tions, oral or written to the proposal to dispose buque Addition in the City of Dubuque, County of interest of the City of Dubuque, Iowa, in the of Dubuque, Iowa, according to the recorded hereinabove described real estate. Plat thereof; NOW THEREFORE, BE IT RESOLVED Whereas, such proposal supports the BY THE CITY COUNCIL OF THE CITY OF Washington Neighborhood revitalization strat- DUBUQUE, IOWA: egy as approved by the City Council; Section 1. That the disposal of the interest Whereas, a qualifying home buyer has of the City of Dubuque, Dubuque County, signed an offer to purchase and obtained fi- Iowa, in real property described as excess nancing; and roadway easement for public highway on Lot 1 Whereas, the City Council of the City of of Seippel Road Commercial Park Plat 3 in the Dubuque, Iowa, has overruled any and all ob- City of Dubuque, Iowa, be and the same is jections, oral and written, to the proposal to hereby approved for the cost of publication dispose of the interest of the City of Dubuque, and filing fees. Iowa, in the herein and above-named real es- Section 2. That the Mayor be authorized tate to the above-named grantee. and directed to execute a Release of Ease-NOW, THEREFORE, BE IT RESOLVED ment, and the City Clerk be and is hereby au-BY THE CITY COUNCIL OF THE CITY OF thorized and directed to deliver said Release DUBUQUE, IOWA: to Toby J. Kress upon receipt of the publica-Section 1. That the City of Dubuque hereby tion and filing fees. approves the sale of the following legally- Section 3. That the City Clerk be and is he-described property: reby authorized and directed to record a certi-Lot Two (2) of Lot Eighty-Six (86) in East fied copy of this resolution in the offices of the Dubuque Addition in the City of Dubuque, City Assessor, Dubuque County Recorder and County of Dubuque, Iowa, according to the Dubuque County Auditor. recorded Plat thereof, at the cost of One hun- th Passed, approved and adopted this 15 dred two thousand dollars. ($102 000). day of March, 2010. Section 2. That the City of Dubuque be and Roy D. Buol, Mayor is hereby authorized to provide a Warranty Attest: Jeanne F. Schneider, CMC, City Clerk Deed to the buyer, conveying the City’s inter- est to Christina Krier for the herein-described Sale of Property – 1699 Washington real estate. Street: Proof of publication on notice of public Section 3. That the City Clerk be and she hearing to consider the sale of real estate lo-is hereby authorized and directed to cause cated at 1699 Washington Street to Christina said Warranty Deed to be recorded in the Of- Book 140 Regular Session, March 15, 2010 97 RESOLUTION NO. 86-10 fice of the Dubuque County Recorder, together AUTHORIZING A LETTER OF COMMIT- with certified copy of the Resolution. MENT AND ADDITIONAL ACTIONS CON- Section 4. That the City Clerk be and she CERNING A DOWNTOWN REHABILITA- is hereby directed to forward a copy of this TION LOAN AND FAÇADE GRANT FOR Resolution to the Dubuque County Assessor PROPERTY LOCATED AT 756 MAIN and the Dubuque County Auditor. STREET. Passed, approved and adopted this 15th day of March, 2010. Whereas, the City of Dubuque, Iowa, has Roy D Buol, Mayor created a Downtown Rehabilitation Loan/Grant Attest: Jeanne F. Schneider, CMC, City Clerk Program for the purpose of stimulating rein- vestment in the Greater Downtown Urban Re- Upon motion the rules were reinstated li-newal District; and miting discussion to the City Council. Whereas, the City of Dubuque, Iowa is en- couraging the use of this loan/grant program to ACTION ITEMS finance code compliance activities and to spur job creation activities; and Request to Address the City Council: Re-Whereas, the loan application from Helicon quest of Sandy Amberg to address the City Management, LLC meets the requirements of Council to present a petition asking that fluo-this program; and ride be removed from Dubuque’s water. Whereas, a Commitment Letter, hereto at- Request of Shane Duncan to address the tached and by this reference made a part he- City Council regarding the dangers of fluoride. reof, sets forth the terms and conditions of Ms. Amberg, 80 Croydon Crest, provided a Helicon Management, LLC participation in the slide presentation and submitted a petition in Downtown Rehabilitation Loan Program. opposition to the fluoridation of Dubuque’s NOW, THEREFORE, BE IT RESOLVED water and requested the City Council move to BY THE CITY COUNCIL OF THE CITY OF further study the effects of fluoridated water. DUBUQUE, IOWA: Mr. Duncan, 506 Angella Street, provided a Section 1. That the application of Helicon slide presentation about fluoride and spoke in Management, LLC for participation in the opposition to fluoridated water. Motion carried Downtown Rehabilitation Loan and Grant Pro- 4-2. With Jones and Resnick voting nay. gram is hereby accepted and approved. Section 2. That the Mayor is hereby autho- Sunset Ridge: Communication from Tim rized to execute, on behalf of the City Council McNamara, 700 Sunset Ridge, submitting a of the City of Dubuque, Iowa, the attached petition regarding the reconstruction of Sunset Commitment Letter and to forward said letter Ridge and requesting to be heard by the City to Helicon Management, LLC for review and Council. Motion by Braig to receive and file approval. documents and refer to the City Manager. Section 3.That the City Manager be and he Seconded by Jones. Tim McNamara, 700 is hereby directed to prepare, upon execution Sunset Ridge, asked that the City Council and receipt of the attached Commitment Letter consider reconstruction of Sunset Ridge as a by the applicant, the necessary loan docu- narrower street without sidewalks. Motion car-ments in accordance with the terms and condi- ried 6-0. tions set forth in said Commitment Letter. Section 4.That the City Manager is hereby Downtown Rehabilitation Loan and Façade authorized to execute, on behalf of the City Grant: City Manager recommending approval Council of the City of Dubuque, Iowa, all ne- of a letter of commitment for a Downtown Re-cessary loan documents and is further autho- habilitation Loan for $300,000, a Façade Grant rized to disburse loan funds from the Down- of $10,000, Design Grant of $10,000, and a town Rehabilitation Loan/Grant Program, in Financial Consultant Grant of $15,000 for Heli-accordance with the terms and conditions of con Management, LLC, to support their reha-the executed agreement. th bilitation of property located at 756 Main Street Passed, approved and adopted this 15 (formerly Walker’s Shoe Store). Motion by day of March, 2010. Connors to receive and file the documents and Roy D. Buol, Mayor adopt Resolution No. 86-10 Authorizing a Let-Attest: Jeanne F. Schneider, CMC, City Clerk ter of Commitment and additional actions con- cerning a Downtown Rehabilitation Loan and I-JOBS Grant Award: Press release from Façade Grant for property located at 756 Main the Office of the Governor announcing that the Street. Seconded by Resnick. Motion carried City of Dubuque will receive a $240,000 I- 6-0. JOBS award to acquire and rehabilitate six historic row-house apartments as part of the Washington Neighborhood Revitalization Plan. 98 Regular Session, March 15, 2010 Book 140 Motion by Lynch to receive and file the docu-Attest: Jeanne F. Schneider, CMC, City Clerk ments. Seconded by Braig. Motion carried 6-0. thth Utility Relocation Project – 9 to 10 State of Iowa Direct Financial Assistance Streets: City Manager recommending award of Application: City Manager recommending ap-the contract for the Utility Relocation Project – thth proval of the submission of a Direct Financial 9 to 10 Streets to Top Grade Excavating, Assistance program application to the Iowa Inc., in the amount of $710,860.87. Motion by Department of Economic Development in the Lynch to receive and file the documents and amount of $50,000 on behalf of Peninsula adopt Resolution No. 88-10 Awarding the pub- Gaming, LLC. Motion by Connors to receive lic improvement contract for the Utility Reloca- thth and file the documents and adopt Resolution tion Project – 9 to 10 Streets: Sanitary Sew- No. 87-10 Authorizing the filing of a Financial er, 20-inch Transmission Watermain, and Fi- Assistance Application to the Iowa Department ber Optic Conduit. Seconded by Connors. Mo- of Economic Development on behalf of Penin-tion carried 6-0. sula Gaming, LLC. Seconded by Jones. Mo- RESOLUTION NO. 88-10 tion carried 4-0. (Jones and Braig were out of AWARDING PUBLIC IMPROVEMENT CON- the room) TRACT FOR THE UTILITY RELOCATION THTH RESOLUTION NO. 87-10 PROJECT – 9 TO 10 STREET: SANITA- AUTHORIZING THE FILING OF A FINAN-RY SEWER, 20-INCH TRANSMISSION WA- CIAL ASSISTANCE APPLICATION TO THE TERMAIN, AND FIBER OPTIC CONDUIT IOWA DEPARTMENT OF ECONOMIC DE- Whereas, sealed proposals have been VELOPMENT ON BEHALF OF PENINSULA submitted by contractors for the Utility Reloca- thth GAMING, LLC. tion Project – 9 to 10 Street: Sanitary Sew- Whereas, Peninsula Gaming, LLC. has er, 20-Inch Transmission Watermain, and Fi- proposed the expansion of its corporate offices ber Optic Conduit (the Project) pursuant to in Dubuque, Iowa; and Resolution No. 53-10 and Notice to Bidders Whereas, the City Council of Dubuque, published in a newspaper published in the City th Iowa has considered said proposal and has of Dubuque, Iowa on the 19 day of February, determined that the proposed project will con-2010. tribute to the local economy through the crea-Whereas, said sealed proposals were th tion of 10 new jobs; and opened and read on the 9 day of March, Whereas, the Iowa Department of Eco-2010 and it has been determined that Top nomic Development (IDED) has a 100% Com-Grade Excavating, Inc., with a bid in the ponent program designed to assist in the eco-amount of $710,860.87, is the lowest respon- nomic development efforts of local jurisdic-sive, responsible bidder for the Project. tions; and NOW THEREFORE, BE IT RESOLVED Whereas, the City of Dubuque, Iowa is eli-BY THE CITY COUNCIL OF THE CITY OF gible to apply for funding from the Direct Fi-DUBUQUE, IOWA: nancial Assistance program. That a Public Improvement Contract for the NOW, THEREFORE, BE IT RESOLVED Project is hereby awarded to Top Grade Exca- BY THE CITY COUNCIL OF THE CITY OF vating, Inc. and the City Manager is hereby DUBUQUE, IOWA: directed to execute a Public Improvement Section 1. That the filing of an application Contract on behalf of the City of Dubuque for for Direct Financial Assistance on behalf of the Project. th Peninsula Gaming, LLC. is hereby approved. Passed, approved and adopted this 15 Section 2. That the local match of identified day of March, 2010. in the application as $337,000 consisting of Roy D. Buol, Mayor Peninsula Gaming, LLC’s representative por-Attest: Jeanne F. Schneider, CMC, City Clerk tion of TIF rebates to Port of Dubuque Bre- wery, LLC for increased building valuation has Demolition and Moving Permits: City Man- previously been approved in the Development ager recommending approval of amendments Agreement with Port of Dubuque Brewery, to the City of Dubuque Code of Ordinances LLC. relating to demolition and moving permits. Mo- Section 3. That the Mayor is hereby autho-tion by Jones to receive and file the documents rized to execute and the City Manager is here-and that the requirement that a proposed ordin- by directed to submit said application to the ance be considered and voted on for passage at Iowa Department of Economic Development two Council meetings prior to the meeting at which together with such documents as may be re-it is to be passed be suspended. Seconded by quired. Connors. Motion carried 6-0. th Passed, approved, and adopted this 15 Motion by Jones for final consideration and day of March, 2010. passage of Ordinance No. 21-10 Amending Roy D. Buol, Mayor the City of Dubuque Code of Ordinances Title Book 140 Regular Session, March 15, 2010 99 14 Building and Development, Chapter 2 tions shall have the meaning giv- Building Construction, Demolition and Moving, en hereto: Section 14-2-1: Permit Required; Section 14-2-BUILDING: Any structure of more 2: Application for Permit; Section 14-2-3: Per-than 200 square feet used or in- mit Issuance; Generally; Section 14-2-4: Mora-tended for supporting or shelter- torium for Construction or Other Work on Cer-ing any use or occupancy includ- tain Streets, Areas or Facilities; Section 14-2-ing all public or private garages, 5: Fees; Section 14-2-6: Special Provisions; barns, sheds, residential, com- Section 14-2-7: Insurance Requirements; Sec-mercial, educational, institutional tion 14-2-8 Special Requirements; and delet-or industrial uses and any acces- ing Section 14-2-8: Enforcement. Seconded by sories thereto. (2007 Code § 11- Braig. Motion carried 6-0. 56) Section 2. Section 14-2-2 of the City of OFFICIAL PUBLICATION Dubuque Code of Ordinances is hereby ORDINANCE NO. 21-10 amended to read as follows: AMENDING CITY OF DUBUQUE CODE OF 14-2-2: APPLICATION FOR PERMIT: ORDINANCES TITLE 14 BUILDING AND A. Application: To obtain a permit, DEVELOPMENT, CHAPTER 2 BUILDING the applicant shall first file an ap- CONSTRUCTION, DEMOLITION AND MOV- plication therefor in writing on a ING, SECTION 14-2-1: PERMIT REQUIRED; form furnished by the building SECTION 14-2-2: APPLICATION FOR PER- services division. Every such ap- MIT; SECTION 14-2-3: PERMIT ISSUANCE; plication shall: GENERALLY; SECTION 14-2-4: MORATO- 1. Identify and describe the RIUM FOR CONSTRUCTION OR OTHER work to be covered by the WORK ON CERTAIN STREETS, AREAS OR permit for which application is FACILITIES; SECTION 14-2-5: FEES; SEC- made. TION 14-2-6: SPECIAL PROVISIONS; SEC- 2. Describe the land on which TION 14-2-7: INSURANCE REQUIREMENTS; the proposed work is to be SECTION 14-2-8: SPECIAL REQUIRE- done, by legal description, MENTS; AND DELETING SECTION 14-2-9: street address or similar de- ENFORCEMENT scription that will readily iden- NOW, THEREFORE, BE IT ORDAINED tify and definitely locate the BY CITY COUNCIL OF THE CITY OF DUBU-proposed work. QUE, IOWA: 3. Indicate the use or occupan- Section 1. Section 14-2-1 of the City of cy for which the proposed Dubuque Code of Ordinances is hereby work is intended. amended to read as follows: 4. Be accompanied by plans, 14-2-1: PERMIT REQUIRED: diagrams, computations and A. Permit Required: It shall be un-specifications and other data lawful for any person, firm or cor-as required in subsection B of poration to: 1) demolish a building this section. or portion thereof; or 2) move a 5. Be signed by permittee, or building from one location to the permittee's authorized another across private or public agent who may be required property; or 3) use or occupy the to submit evidence to indicate streets or public property for the such authority. purpose of erecting, constructing, 6. Be accompanied by proof of enlarging, altering, repairing or insurance as required by this remodeling a building or structure; chapter for the type of permit or 4) for storing or using mate-desired. rials, machinery or equipment in 7. Give such other data and in- relation thereto; or for engaging in formation as may be required building construction, demolition by the city manager. or related operations on adjacent B. Plans And Specifications: Plans, streets or public property, within engineering calculations, dia- the city, unless such person shall grams and other data shall be have obtained a permit therefor submitted in one or more sets from the city manager in com-with each application for a permit. pliance with the provisions of this The city manager may require chapter and of the building code. plans, computations, diagrams B. Definitions: For the purpose of and specifications to be prepared this chapter, the following terms, and designed by an architect or phrases, words and their deriva-engineer licensed by the state to 100 Regular Session, March 15, 2010 Book 140 practice as such. Exception: The verify with the applicant that the city manager may waive the sub-required notice was sent. (Ord. mission of plans, calculations, 62-08, 10-6-2008) etc., if the city manager finds that Section 3. Section 14-2-3 of the City of the nature of the work applied for Dubuque Code of Ordinances is hereby is such that reviewing of plans is amended to read as follows: 14-2-3: PERMIT ISSUANCE; GEN- not necessary to obtain com- ERALLY: pliance with this chapter. C. Information On Plans And Speci-A. Issuance: fications: Plans, specifications 1. The application, proof of and diagrams shall be drawn to insurance, plans, specifica- scale upon substantial paper or tions, diagrams and other da- cloth and shall be of sufficient ta filed by an applicant for a clarity to indicate the location, na-permit shall be reviewed by ture and extent of the work pro-the city manager. Such plans posed and show in detail that it shall also be reviewed by will conform to the provisions of other departments and divi- this chapter and all relevant laws, sions of the city to verify ordinances, rules and regulations. compliance with any applica- (2007 Code § 11-57) ble laws or requirements un- D. Construction On Bluff Land Or der their jurisdiction. If the Land Adjacent To Bluffs: The ap-city manager finds that the plication shall indicate whether work described in an applica- the construction is on bluff land or tion for a permit and the land adjacent to a bluff. If the plans, specifications, dia- construction is on bluff land or grams and other data filed land adjacent to a bluff, prior to therewith conform to the re- the issuance of a permit, the city quirements of this chapter manager may require the devel-and other pertinent laws and oper to fund an engineering study ordinances, and that the fees or studies, to determine whether as established by the city the bluff land, land adjacent to a manager have been paid, the bluff, or adjacent bluff is sufficient-city manager shall issue the ly stable to allow for the construc-permit together with any spe- tion or use. If the city manager de-cial conditions which may be termines, based upon the engi-attached to and made a part neering study or studies, that the of the permit. bluff land, land adjacent to a bluff, 2. Approved plans, specifica- or adjacent bluff is not sufficiently tions and diagrams shall not stable to allow for the construction be changed, modified or al- or use, the city manager may re-tered without authorization quire as a condition of the is-from the city manager, and all suance of the permit such stabili-work shall be done in accor- zation or other measures as the dance with the approved engineering study or studies rec-plans, specifications and dia- ommend to make the bluff land, grams. land adjacent to a bluff, or adja-B. Validity: The issuance or cent bluff sufficiently stable to al-granting of a permit shall not be low for the construction or use. construed to be a permit for, or an (Ord. 21-07, 4-16-2007) approval of, any violation of any of E. Notice To Adjacent Property the provisions of this chapter or of Owners: The city manager shall the Dubuque building code. No direct that the applicant send, not permit presuming to give authority less than ten (10) days after the to violate or cancel the provisions filing of the application, a notice of of this chapter or code shall be the filing of the application by first valid, except insofar as the work class mail to all owners of proper-or use which it authorized is law- ty adjacent to the property for ful. which the permit is issued, de-C. Expiration: scribing the demolition and the 1. Every permit issued by the date when demolition will com-city manager under the pro- mence. Prior to the issuance of visions of this chapter shall the permit, the city manager shall expire by limitation and be- Book 140 Regular Session, March 15, 2010 101 come null and void if the renew the permit for the use moving or demolition of the of streets or public property building or structure, or the shall be considered as due use of the public property, is cause for the city manager to not accomplished during the order all barricades or fences period of time which is stated removed and the public on the permit. Such work or property returned to public use of public property shall availability and use. cease upon expiration of the D. Suspension Or Revocation: permit and shall not be re-The city manager may, in writing, commenced until a new suspend or revoke a permit is- permit has been obtained by sued under the provisions of this revising or renewing the orig-chapter whenever the permit is is- inal application and by pay-sued in error, on the basis of in- ment of a new fee. correct information supplied, fail- 2. Every moving permit shall ure to comply with permit condi- be valid only on the moving tions, or in violation of any ordin- date or dates written on the ance. (2007 Code § 11-58) permit. In those instances Section 4. Section 14-2-4 of the City of wherein the moving permit-Dubuque Code of Ordinances is hereby tee was unable to move the amended to read as follows: 14-2-4: MORATORIUM FOR CON- building on the specified STRUCTION OR OTHER WORK ON moving date, the city man- CERTAIN STREETS, AREAS OR ager is authorized to change FACILITIES: said moving date; provided, that the moving permittee A. Iowa 32 (Southwest Arterial) Cor- shall obtain the approval of ridor: The city manager shall not other city officials in the issue any permit for any new con- same manner as required for struction or substantial enlarge- the original moving permit; ment, alteration, repair or remode- and further provided, that a ling of any structure, building, or fee as established by the city sign in the Iowa 32 (southwest ar- manager for changing the terial) corridor but not to include moving date has been paid demolition, as delineated on to the building department. drawings on file in the city clerk's 3. Every demolition permit office, from the effective date he- shall expire thirty (30) days reof to July 1, 2010, except where from the date of issue, un-a vested right to the issuance of less the building is part of a such permit accrued prior to the demolition project which, be-effective date hereof. (Ord. 41-08, cause of its complexity or 6-16-2008) proportions, will require more B. Bee Branch Creek Restoration time, in which instance the Alignment Study Area: The city original permit may be issued manager shall not issue any per- for the approved term of the mit for any commercial construc- demolition schedule. Each tion or for any new residential demolition permit may be re-construction, including a new newed for successive addi-house or new garage, but not in- tional periods of thirty (30) cluding demolition and emergency days; provided, that a fee is repairs, without the approval of paid for each renewal in the the city council in the Bee Branch same amount as the original Creek restoration alignment area demolition permit fee. as shown on the map on file in the 4. Every permit for the use of office of the city clerk, 50 W. 13th streets or public property Street, Dubuque, Iowa, during the shall expire on the last day period from the effective date of for which the permit was is-ordinance 85-04 through July 1, sued, as described on said 2010, except where a vested right permit, and shall be renewed to the issuance of such permit ac- upon the payment of an addi-crued prior to December 19, tional fee to the building de-2003. (2007 Code § 11-58.5) partment, as established by C. Ethanol Plants, Ethanol the city manager. Failure to Processing Facilities, Biodiesel 102 Regular Session, March 15, 2010 Book 140 Plants and Biodiesel Processing A. Transfer Of Permits Prohibited: Facilities: Each moving permit, demolition 1. The city manager shall not permit or permit for use of public issue a permit for any new property shall not be transferable construction or substantial from one building or building site enlargement, alteration, re-to another building or building site pair or remodeling of any nor from one person to another. structure or building for the B. Moving Buildings: production of ethanol or bio-1. A building being moved shall diesel fuel or for the follow the route prescribed on processing of ethanol or bio-the permit by the city manag- diesel fuel within the city er. The mover shall coordi- from the effective date hereof nate the route with the utility to May 1, 2007, except companies. where a vested right to the 2. A police escort shall be re- issuance of such permit ac-quired for all buildings moved crued prior to the effective from one location to another date hereof. within the jurisdictional limits 2. Any person, firm or corpora-of the city, or moved out of or tion aggrieved or adversely into the jurisdictional limits of affected by the city manag-the city, utilizing public er's refusal to issue a permit streets or alleys or when, in pursuant to this moratorium the opinion of the chief of po- shall appeal therefrom to the lice, such escort is necessary city council. The city council to protect the general wel- may direct the city manager fare. to issue a permit where the 3. The chief of police shall de- city council finds that the re-termine the required number fusal to issue a permit would of personnel and vehicles for deprive the owner of the escort service. property of a vested right. 4. The fee established by the (Ord. 69-06, 11-6-2006) city manager shall be paid Section 5. Section 14-2-5 of the City of prior to issuance of a permit Dubuque Code of Ordinances is hereby to move a building or struc- amended to read as follows: ture. 14-2-5: FEES: 5. The permit applicant shall A. Generally: A fee for each moving pay all costs for the trimming permit, demolition permit, or per-of trees and replacement of mit for the use of streets or public natural obstructions or official property shall be paid to the city signs and signals or other manager, as established by the public or private property re- city manager. quired to be removed during B. Starting Work Prior To Obtaining the movement of a vehicle Permit: Where the moving of a and load. building, the demolition of a build-C. Restriction On Moving Permit: ing or the use of public property 1. No building or structure shall for which a permit is required by be relocated or moved if the this chapter is started prior to ob-building or structure is so taining said permit, the fees constructed or in such condi- above specified shall be doubled, tion as to be dangerous or but the payment of such double unsafe or if it is infested with fee shall not relieve any person pests, is unfit for human habi- from fully complying with the re-tation or if it is so deteri- quirements of this chapter and the orated, dilapidated or defec- building code in the execution of tive that relocation would or the work nor from other fees or could create a safety or penalties. (2007 Code § 11-59) health hazard, or cause a Section 6. Section 14-2-6 of the City of blighted condition in the new Dubuque Code of Ordinances is hereby neighborhood. amended to read as follows: 2. All buildings or structures when relocated from outside 14-2-6: SPECIAL PROVISIONS: of the city into the city shall comply with all ordinances Book 140 Regular Session, March 15, 2010 103 and regulations applicable to to minimize dust when demo- new buildings or structures, lishing structures or under including, but not limited to, any dust producing condi- building, electrical, mechani-tions. As ordered by the city cal, plumbing, fire, health and manager, buildings shall be zoning regulations. washed down frequently to 3. All residential buildings or keep dust at a minimum. structures relocated within 3. When an interior wall is ex- the city shall comply with the posed because of demolition uniform code for building of an adjoining structure, said conservation and title 6, wall shall be provided with a chapter 6 of this code. weather resistive barrier as 4. All nonresidential buildings or required in the Dubuque structures relocated within building code. No such wall the city shall comply with all shall be exposed to the ordinances and regulations weather without the written applicable to new buildings or approval of the city manager. structures, including, but not 4. When a demolition project limited to, building, electrical, has been abandoned or is mechanical, plumbing, fire, found to be unsafe, the city health and zoning regula-manager may order the un- tions. safe conditions corrected, the 5. All moved buildings or struc-building boarded up and the tures shall be completely en-premises barricaded. Upon closed within thirty (30) days failure of the owner or the after said building or structure owner's agent to comply with is placed on its new site. All the order of the city manager required changes, improve-within seven (7) days, the city ments and modifications shall manager, after notice and be completed and the build-opportunity for hearing, may ing or structure made ready cause said building or struc- for occupancy or use within ture to be demolished, the one hundred twenty (120) premises cleaned and suita- days from the time the build-ble drainage grades estab- ing permit is issued. lished. The cost of such de- D. Demolition Of Buildings: molition, cleaning and grad- 1. All pieces, parts, scraps, de-ing shall be assessed to the bris, rubbish and organic ma-property as provided by law. terial from a building, struc-This section shall also apply ture, or portion of a building to any site from which a in the process of being demo-building or structure has been lished shall be cleaned up moved. and removed from the pre-E. Disconnecting Utility Services: mises at least once weekly The power in all electric service except for streets and public lines shall be shut off and all such property, which shall be lines cut or disconnected at or cleaned daily unless other-outside the moving or demolition wise specified on the permit. area before work is started on the Final cleanup after the build-site. Prior to the disconnection of ing or structure is demolished such lines, the permittee or prop- shall include the thorough erty owner shall notify the utility removal of all wood, debris company and the city manager and organic materials, filling and shall obtain their approval in of excavations, cisterns and compliance with applicable codes other depressions with ac-and requirements. Exception: If it ceptable rubble or earthen fill, is necessary to maintain electrical and spreading a tillable layer service during the process of of topsoil over the entire lot to moving or demolition, such ser- a uniform natural grade con-vice shall be temporarily relocated sistent with the established or protected with substantial cov- adjacent grades. ering to the satisfaction of the 2. When directed by the city electric service company and the manager, water shall be used city manager, and said relocation 104 Regular Session, March 15, 2010 Book 140 shall be in conformance with ap-in the same amounts as re- plicable codes and requirements. quired of the permittee for All gas, water, sewer and other comprehensive liability insur- service lines shall be shut off and ance. The permittee shall not capped or otherwise controlled at allow any subpermittee to or outside of the moving or demo-commence work until all simi- lition area or curb line before mov-lar insurance required for the ing or demolition work is com-subpermittee has been so menced. In each case, the service obtained and approved. company and the city manager Section 8. Section 14-2-8 of the City of shall be notified in advance and Dubuque Code of Ordinances is hereby their approval obtained by the amended to read as follows: 14-2-8: SPECIAL REQUIREMENTS: permittee or property owner in compliance with applicable codes A. Compliance With Regulations Ap- and requirements. Exception: If it plicable To Moving Buildings: is necessary to maintain any wa-Every person, firm or corporation ter or other lines during the mov-obtaining a moving or demolition ing or demolition process, such permit or a permit for the use of lines shall be temporarily relo-streets or public property shall cated or protected with substantial comply with and faithfully observe covering to the satisfaction of the and obey all applicable regula- utility companies' city manager tions and ordinances of the city, and in conformance with applica-now existing or hereafter enacted ble codes and requirements. and all other applicable laws now (2007 Code § 11-60) existing or hereafter enacted af- Section 7. Section 14-2-7 of the City of fecting or relating to the moving of Dubuque Code of Ordinances is hereby houses, buildings, or other struc- amended to read as follows: tures upon or across public prop- 14-2-7: INSURANCE REQUIRE- erty. MENTS: B. Payment Of Damages Or Loss To A. Insurance Required: City: Every person, firm or corpo- 1. Before a permit may be is-ration obtaining a moving or de- sued for the moving of a molition permit or a permit for the building, the applicant there-use of streets or public property for shall have filed a certifi-shall pay all damages or loss to cate of comprehensive public the city, that may occur from any liability insurance with cover-act or negligence of said person, age limits of not less than firm or corporation, such person's, $1,000,000 per occurrence firm's or corporation's agents or and $2,000,000 general ag-employees, anyone under such gregate. person's, firm's or corporation's 2. In all other cases where a moving of houses, buildings or permit is required by this other structures upon or across chapter, a certificate of com-property. prehensive public liability in-C. Protection Of Work, Space, Mate- surance shall be provided rials Or Equipment: Every person, with coverage limits of not firm or corporation obtaining a less than $1,000,000. moving or demolition permit or a 3. Permittee’s Insurance: The permit for the use of streets or permittee shall not com-public property shall fully protect mence work under this chap-any and all work, space, materials ter until the permittee has ob-or equipment relating to the mov- tained all insurance required ing of buildings or structures upon under this subsection. Certifi-or across public property underta- cates of insurance shall be ken by principal or under such filed with the city manager for person's, firm's or corporation's di- approval. rection or supervision, or any 4. The permittee shall require subpermittee, as a result of such subpermittees, if any, not person's, firm's or corporation's di- protected under the permit-rection or supervision or by any tee’s insurance policies to take out and maintain insur- ance of the same nature and Book 140 Regular Session, April 5, 2010 105 CITY OF DUBUQUE, IOWA agent or employee, or by any sub- permittee and shall pay any penalties CITY COUNCIL that may be imposed during the pe- OFFICIAL riod of any permit now issued or to be PROCEEDINGS issued during the period of said bond. The certificate of insurance for mov- ing buildings shall be for a term of The Dubuque City Council met in regular one year. (2007 Code § 11-62) session at 6:30 p.m. on April 5, 2010 in the Section 9. This Ordinance shall take effect Historic Federal Building. upon publication. th Passed, approved and adopted this 15 day of Present: Mayor Buol, Council Members March, 2010. Braig, Connors, Jones, Lynch, Resnick, Voet- /s/Roy D Buol, Mayor berg, City Manager Van Milligen, City Attorney Attest: Lindahl /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Mayor Buol read the call and stated this is th Newspaper the 19 day of March, 2010. a regular session of the City Council to act /s/Jeanne F. Schneider, CMC, City Clerk upon such business that may properly come before the City Council. Dubuque Ice and Recreation, Inc.: City Manager recommending approval of an addi- Pledge of Allegiance tional contribution to Dubuque Ice Arena con- struction costs. Motion by Jones to receive and Invocation was provided by Mayor Buol. file the documents and approve the recom- mendation. Seconded by Lynch. Motion car- PROCLAMATIONS ried 6-0. The Week of the Young Child (April 1-17, Request for Work Session: City Manager 2010) was accepted by Sherri Edwards, Director requesting City Council direction regarding a of Dubuque County Empowerment, 2728 Asbury work session on the proposed plans for the Road; Sexual Assault Awareness Month (April Dubuque Regional Airport’s passenger termin- 2010) was accepted by Josh Jasper of the River- al. Motion by Lynch to set a work session for view Center, 2600 Dodge Street. April 19, 2010. Seconded by Braig. Motion carried 6-0. CONSENT ITEMS State of the City Address: Press release Motion by Lynch to receive and file the regarding the State of the City Address sche- documents, adopt the resolutions, and dispose duled for Monday, March 22, 2010 at 7:00 p.m of as indicated. Seconded by Connors. Van in the Council Chambers at the Historic Feder- Milligen requested (#15) Crime/Poverty Re- al Building. Motion by Lynch to receive and file search Study be held for separate discussion. the document. Seconded by Braig. Motion Motion carried 7-0. carried 6-0. Minutes and Reports Submitted: Arts and There being no further business, upon mo- Cultural Affairs Advisory Commission of 11/24 tion the City Council adjourned at 9:25 p.m. and 2/23; City Council of 3/15; Housing Com- mission of 2/23; Housing Commission Trust /s/Jeanne F. Schneider, CMC Fund of 3/8; Human Rights Commission of 2/8; City Clerk Library Board of Trustees of 1/28 and 2/11; Transit Board of Trustees of 3/11 Proofs of publication of City Council Pro- ceedings of March 1, 2 and 9, 2010 and List of Claims and Summary of Revenues for month ended February 28, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Antoine Clemons vs. Brian Wullweber, City of Dubuque, and Pablo Ramirez (Amended and Restated); Ar- bor Glen Apartments for property damage; Carl Lange for vehicle damage; State Farm Insurance (representing Marco Pizzimenti) for 106 Regular Session, April 5, 2010 Book 140 vehicle damage; Maryann Upmann for vehicle and Country Club grounds. Upon motion the damage; Randy Williams for property damage document was received, filed, and approved. Upon motion the documents were re- ceived, filed, and referred to the City Attorney. Citizen Communication: Communication from Tim Patterson, 1882 White Street, sub- City Attorney advising that the following mitting an article titled “Goat Fans, Cities But- claims have been referred to Public Entity Risk ting Heads” for the City’s consideration. Upon Services of Iowa, the agent for the Iowa Com-motion the documents were received, filed, munities Assurance Pool: Maryann Upmann and referred to the City Manager. for vehicle damage; Carl F. Lange for vehicle damage; Arbor Glen Apartments for property 401 Governmental Money Purchase Plan: damage; State Farm Insurance for personal City Manager recommending that he be autho- injury/vehicle damage; Randy Williams for rized to sign the ICMA Retirement Corporation property damage. Upon motion the documents Governmental Money Purchase Plan and were received, filed, and concurred. Trust Adoption Agreement and the Administra- tive Services Agreement between ICMA Re- Iowa Office of Energy Independence: tirement Corporation and the City of Dubuque. Communication to the Iowa Office of Energy Upon motion the documents were received Independence in support of the Four Mounds and filed and Resolution No. 88A-10 Approv- Energy Office Pilot Program. Upon motion the ing the ICMA Retirement Corporation Go- documents were received and filed. vernmental Money Purchase Plan and Trust Basic Document and Appendix A (ICMA Re- Mediacom: Communication from Lee tirement Corporation Governmental Money Grassley, Mediacom Senior Manager – Gov-Purchase Plan and Trust Amendment for Post- ernment Relations, notifying the City of upcom-EGTRRA Legislative and Regulatory ing channel changes. Changes) – Plan Number 10-6876 was Communication from Lee Grassley, Media-adopted. com Senior Manager – Government Relations, RESOLUTION NO. 88A-10 advising of the adjustment of certain cable APPROVING THE ICMA RETIREMENT service rates effective on or about May 1, CORPORATION GOVERNMENTAL MONEY 2010. PURCHASE PLAN & TRUST BASIC DOCU- Upon motion the documents were received MENT AND APPENDIX A (ICMA RETIRE- and filed. MENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN AND TRUST Stipulation of Settlements – Property Tax AMENDMENT FOR POST-EGTRRA LEGIS- Appeals: City Attorney recommending approv- LATIVE AND REGULATORY CHANGES)- al of the Stipulation of Settlement for Callahan PLAN NUMBER 10-6876 Construction, Inc., for a vacant piece of ground off Seippel Road located east of the Whereas, the Employer has employees Westbrook Subdivision; the Stipulation of Set-rendering valuable services; and tlement for Callahan Construction, Inc., for a Whereas, the establishment of a money parcel of ground off Pleasant View Drive; and purchase retirement plan benefits employees the Stipulation of Settlement for First National by providing funds for retirement and funds for Bank of Dubuque for the US Bank branch their beneficiaries in the event of death; and bank property located at 435 Kennedy Road. Whereas, the Employer desires that its Upon motion the documents were received, money purchase retirement plan be adminis- filed, and approved. tered by ICMA-RC and that the funds held in such plan be invested in the VantageTrust, a Office of Energy Independence: Communi-trust established by public employers for the cation from Roya Stanley, Director – Office of collective investment of funds held under their Energy Independence, advising that the City of retirement and deferred compensation plans. Dubuque has been selected to receive an NOW, THEREFORE, BE IT RESOLVED Energy Efficiency Conservation Block Grant in BY THE CITY COUNCIL OF THE CITY OF the amount of $500,000 to be used for the DUBUQUE, IOWA, that the Employer hereby traffic flow optimization project. Upon motion establishes a money purchase retirement plan the document was received and filed. (the “Plan”) in the form of the ICMA Retirement Corporation Governmental Money Purchase Dubuque Golf and Country Club: Commu-Plan & Trust Basic Document and Appendix A nication from Rich Bugalski, Dubuque Golf and (ICMA Retirement Corporation Governmental Country Club, requesting permission to display Money Purchase Plan and Trust Amendment fireworks on Sunday, July 4, 2010 (rain date of for Post-EGTRRA Legislative and Regulatory Monday, July 5, 2010) on the Dubuque Golf Changes) pursuant to the specific provisions of the Adoption Agreement. Book 140 Regular Session, April 5, 2010 107 The Plan shall be maintained for the exclu-from John F. Kennedy Road to Chaney Road, sive benefit of eligible employees and their HMA Reconstruction/Resurfacing Project in beneficiaries; and Dubuque. BE IT FURTHER RESOLVED that the Whereas, the Kaufmann Avenue, from Employer hereby executes the Declaration of John F. Kennedy Road to Chaney Road, HMA Trust of VantageTrust, intending this execution Reconstruction/Resurfacing Project in Dubu- to be operative with respect to any retirement que has been developed to include: John F. or deferred compensation plan subsequently Kennedy Road to Chaney Road--replacement established by the Employer, if the assets of of curb and gutter, sidewalk, water valves, fire the plan are to be invested in the Vantage-hydrants, and sanitary sewer repairs; John F. Trust; and Kennedy to Martin Drive--replacement of exist- BE IT FURTHER RESOLVED that the ing pavement surface; and Martin Drive to Employer hereby agrees to serve as trustee Chaney Road--milling of 3 inches of existing under the Plan and to invest funds held under HMA pavement and a new overlay; and the Plan in the VantageTrust; and Whereas, the DMATS STP funds will be el- BE IT FURTHER RESOLVED that the igible to complete said improvements to Kauf- Personnel Manager shall be the coordinator mann Avenue, from John F. Kennedy Road to for the Plan; shall receive reports, notices, etc., Chaney Road, within Dubuque County, Iowa. from the ICMA Retirement Corporation or the NOW THEREFORE, BE IT RESOLVED VantageTrust; shall cast, on behalf of the Em-BY THE CITY COUNCIL OF THE CITY OF ployer, any required votes under the Vantage-DUBUQUE, IOWA: Trust; may delegate any administrative duties Section 1. That said Iowa DOT Federal Aid relating to the Plan to appropriate depart-Funding Agreement (Agreement No. 6-10- ments; and STPU-05) between the City of Dubuque and BE IT FURTHER RESOLVED that the the Iowa Department of Transportation be ap- Employer hereby authorizes the City Manager proved for the Kaufmann Avenue, from John to execute all necessary agreements with the F. Kennedy Road to Chaney Road, HMA Re- ICMA Retirement Corporation incidental to the construction/Resurfacing Project in Dubuque. administration of the Plan. Section 2. That the Mayor be authorized th Passed, approved and adopted this 5 day and directed to execute two copies of Iowa of April, 2010. DOT Federal Aid Funding Agreement (Agree- Roy D. Buol, Mayor ment No. 6-10-STPU-05) for the Kaufmann Attest: Jeanne F. Schneider, CMC, City Clerk Avenue, from John F. Kennedy Road to Cha- ney Road, HMA Reconstruction/Resurfacing Iowa Department of Transportation (IDOT) Project in Dubuque. th Federal Aid Funding Agreement: City Manager Passed, approved and adopted this 5 day recommending approval of an Iowa Depart-of April, 2010. ment of Transportation Federal Aid Funding Roy D. Buol, Mayor Agreement for a Surface Transportation Pro-Attest: Jeanne F. Schneider, CMC, City Clerk gram Project for the Kaufmann Avenue from thth John F. Kennedy Road to Chaney Road HMA Request for Proposals – 9 Street and 11 Reconstruction/Resurfacing Project. Upon Street Traffic Study: City Manager recom- motion the documents were received and filed mending approval of the issuance of a Re- and Resolution No. 89-10 Approving the Iowa quest for Proposals to seek qualified firms Department of Transportation Federal Aid interested in providing professional services thth Funding Agreement (Agreement No. 6-10-for the 9 Street and 11 Street Traffic Study: STPU-05) for the Kaufmann Avenue from John One-Way to Two-Way Conversion. Upon mo- F. Kennedy Road to Chaney Road HMA Re-tion the documents were received, filed, and construction/Resurfacing Project was adopted. approved. RESOLUTION NO. 89-10 I-Jobs Affordable Housing Program: City APPROVING THE IOWA DEPARTMENT OF Manager recommending approval of the con- TRANSPORTATION FEDERAL AID FUND- tract with the Iowa Finance Authority for the ING AGREEMENT (AGREEMENT NO. 6-10- $240,000 funding award to assist in the con- STPU-05) FOR THE KAUFMANN AVENUE, version of the Historic Washington Row Hous- FROM JOHN F. KENNEDY ROAD TO CHA- es located on Washington Street. Upon motion NEY ROAD, HMA RECONSTRUC- the documents were received, filed, and ap- TION/RESURFACING PROJECT proved. Whereas, the Iowa Department of Trans- portation (Iowa DOT) has authorized the use 2010 Art on the River Exhibition: Arts and of Dubuque Metropolitan Area Transportation Cultural Affairs Advisory Commission request- Study (DMATS) Surface Transportation Pro-ing City Council concurrence with the selection gram (STP) funds for the Kaufmann Avenue, of artwork for the 2010 Art on the River Com- 108 Regular Session, April 5, 2010 Book 140 petition. Upon motion the documents were NOW, THEREFORE, BE IT RESOLVED received, filed, and approved. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: McDonough Estate – Disposition of Prop-Section 1. The Mayor is authorized and di- erty: City Attorney recommending approval of rected to execute the Quit Claim Deed, a copy a quit claim deed for one-half of a portion of of which is attached hereto. The City Clerk is Barry Street to be conveyed to the residual hereby authorized and directed to record a devisees under the John J. McDonough, Sr., certified copy of this Resolution in the Office of last will and testament. Upon motion the doc-the Dubuque County Recorder. th uments were received and filed and Resolution Passed, approved and adopted this 5 day of No. 90-10 Authorizing the disposal of the in-April, 2010. terest of the City of Dubuque, Iowa, in the real Roy D. Buol, Mayor property described as the northwesterly one-Attest: Jeanne F. Schneider, CMC, City Clerk half of Barry Street in Barry Subdivision No. 2 in the City of Dubuque, Iowa, to the residual Crime/Poverty Research Study: City Man- devisees under the John J. McDonough, Sr., ager recommending approval of a contract last will and testament was adopted. with the Northern Illinois University Center for Governmental Studies to conduct an ex- RESOLUTION NO. 90-10 panded study on crime and poverty. Motion by AUTHORIZING THE DISPOSAL OF THE Jones to receive and file the documents and INTEREST OF THE CITY OF DUBUQUE, approve the recommendation. Seconded by IOWA, IN THE REAL PROPERTY DE- Connors. Motion carried 7-0. SCRIBED AS THE NORTHWESTERLY ONE- HALF OF BARRY STREET IN BARRY SUB- Purchase of Property – 3301 Roosevelt DIVISION NO. 2 IN THE CITY OF DUBUQUE, Street: City Manager recommending approval IOWA, TO THE RESIDUAL DEVISEES UN- of the purchase of real estate located at 3301 DER THE JOHN J. MCDONOUGH, SR., Roosevelt Street for the proposed construction LAST WILL AND TESTAMENT of a water tower. Upon motion the documents Whereas, Resolution No. 260-06 autho-were received and filed and Resolution No. 91- rized the vacating and disposal for the sale of 10 Accepting the warranty deed to part of Lot 1 real estate described as follows: of Lot 2 of Lot 2 of Mineral Lot 311 in the City The Northwesterly One-Half of Barry Street of Dubuque, Dubuque County, Iowa, from and the Southeasterly One-Half of Barry Street Fondell Excavating, Inc., of Dubuque, Iowa, all in Barry Subdivision No. 2 in the City of was adopted. Dubuque, Dubuque County , Iowa; and RESOLUTION NO. 91-10 Whereas, the Resolution further authorized ACCEPTING THE WARRANTY DEED TO the disposal of the interest of the City of Dubu- PART OFLOT 1 OF LOT 2 OF LOT 2 OF que, Iowa, in the real property to John J. and MINERAL LOT 311 IN THE CITY OF DUBU- Frances M. McDonough; and QUE, DUBUQUE COUNTY, IOWA, FROM Whereas, by Quit Claim Deed dated June FONDELL EXCAVATING, INC., OF DUBU- 19, 2006, filed in the office of the Dubuque QUE, IOWA. County Recorder on March 13, 2007 as In- strument No. 2007-00003523, the City of Du-Whereas, the City of Dubuque has entered buque conveyed the above-referenced proper-into an agreement with Fondell Excavating, ty to John J. and Frances M. McDonough. Inc. to purchase part of Lot 1 of Lot 2 of Lot 2 Whereas, as of the date of said quit claim of Mineral Lot 311 in the City of Dubuque, Du- deed, Frances M. McDonough was deceased, buque County, Iowa, as shown on the at- having died on December 27, 2005. tached Plat (Exhibit A) thereof for a new water Whereas, said quit claim deed was inoper-tower site; and ative as to the undivided one-half interest in Whereas, all of the terms and conditions of such real property conveyed to Frances M. the agreement have been satisfied. McDonough. NOW THEREFORE, BE IT RESOLVED Whereas, John J. McDonough, Sr., is now BY THE CITY COUNCIL OF THE CITY OF deceased and the children of John J. McDo-DUBUQUE, IOWA: nough, Sr., and Frances M. McDonough re-Section 1. That the Warranty Deed from Fon- quest that a quit claim deed be provided to dell Excavating, Inc., attached hereto is hereby them as the residual devisees under the John accepted. J. McDonough, Sr., last will and testament, Section 2. That the City Clerk is hereby au- namely: Linda M. Becker, David J. McDo-thorized and directed to cause the Warranty nough, Gary J. McDonough, John J. McDo-Deed to be recorded in the office of the Dubu- nough, Jr., and Dennis A. McDonough. que County Recorder, together with a certified copy of this Resolution. Book 140 Regular Session, April 5, 2010 109 th Passed, approved and adopted this 5 day er and upper) under Section 404 Nationwide of April, 2010. Permits Nos.3 and 27 respectively; and Roy D. Buol, Mayor Whereas, the City will receive federal fund- Attest: Jeanne F. Schneider, CMC, City Clerk ing from the State Revolving Loan Program (hereinafter, SRF) authorized by the U.S. Envi- Legislative Correspondence: Communica-ronmental Protection Agency (hereinafter, tion to area legislators urging their opposition EPA), and administered by the Iowa Depart- to HF 2382 that adds language to Iowa Code ment of Natural Resources (hereinafter, Chapter 411 to allow covered employees to IDNR); and designate a physician of their choosing to treat Whereas, the IDNR, in consultation with a work-related illness or injury rather than the the Iowa State Historic Preservation Officer employer choosing the care. (hereinafter, SHPO), has determined, pursuant Communication to area legislators regard-to 36 C.F.R. 800.4(c), that several properties ing HF 2502 that phases out the State’s con-and a district within the Area of Potential Effect tribution to the Municipal Fire and Retirement (hereinafter, APE) are eligible for inclusion in System and creates a Benefits Advisory the National Register of Historic Places; and Commission. Whereas, the IDNR, in consultation with Communication to Representative Chuck the SHPO, has determined that the Undertak- Isenhart asking that he support HSB 741 ing will have an adverse effect on historic which would give the City the option to in-properties through direct and indirect impacts; crease the local hotel/motel tax from seven to and nine percent. Whereas, the SHPO, the City, the USACE, Upon motion the documents were received and the IDNR agree that the Undertaking shall and filed. be implemented in accordance with the stipu- lations outlined in a Programmatic Agreement Bee Branch Creek Restoration Project (hereinafter, PA) to take into account the ef- Programmatic Agreement: City Manager re-fects upon historic properties, and further commending approval of a Programmatic agree that these stipulations shall govern the Agreement among the U.S. Army Corps of Undertaking and all of its parts until this Engineers, the Iowa Department of Natural Agreement expires or is terminated; and Resources, the State Historic Preservation Whereas, the IDNR has drafted a PA in Office and the City of Dubuque regarding the consultation with the SHPO, the City, and the construction of the Bee Branch Creek Restora-USACE for the Undertaking, a copy of which is tion Project. Upon motion the documents were attached hereto; and received and filed and Resolution No. 92-10 Whereas, it is in the interest of the City to Authorizing the execution of an agreement proceed with the Undertaking in accordance with the Iowa Department of Natural Re-with the terms of the PA provided by the IDNR. sources, the U.S. Army Corp of Engineers, NOW THEREFORE, BE IT RESOLVED and the State Historic Preservation Office re-BY THE CITY COUNCIL OF THE CITY OF garding the construction of the Bee Branch DUBUQUE, IOWA: Creek Restoration project was adopted. The City Manager is hereby authorized to sign the Programmatic Agreement provided by RESOLUTION NO. 92-10 the Iowa Department of Natural Resources in AUTHORIZING THE EXECUTION OF AN the form attached hereto. th AGREEMENT WITH THE IOWA DEPART- Passed, approved and adopted this 5 day MENT OF NATURAL RESOURCES, THE of April, 2010. U.S. ARMY CORP OF ENGINEERS, AND Roy D. Buol, Mayor THE STATE HISTORIC PRESERVATION Attest: Jeanne F. Schneider, CMC, City Clerk OFFICER REGARDING THE CONSTRUC- TION OF THE BEE BRANCH CREEK RES- Withdrawal of Claim – Port of Dubuque TORATION PROJECT Parking Facility Project: Communication from Whereas, the City of Dubuque (hereinafter, William S. Vernon, representing W.C. Stewart City) proposes to restore the Bee Branch Construction, Inc., advising that the claim for Creek (hereinafter, Undertaking) as an open material and labor on the Port of Dubuque waterway rather than an enclosed storm sewer Parking Facility Project has been withdrawn. within the City of Dubuque, Dubuque County, Upon motion the documents were received Iowa; and and filed. Whereas, the U.S. Army Corps of Engi- neers (hereinafter, USACE) proposes to au-Historic Millwork District Streetscape and thorize the construction of the Bee Branch Utilities: City Manager recommending accep- Creek Restoration project in the City of Dubu-tance of Amendment No. 1 to the Historic Mill- que, Dubuque County, Iowa, in two parts (low-work District Streetscape and Utilities Profes- sional Engineering Services Agreement be- 110 Regular Session, April 5, 2010 Book 140 tween the City and Veenstra & Kimm, Inc. Sahajanand Enterprises, Paro Foods Upon motion the documents were received, Mart+(Sunday Sale), 3200 Central Avenue filed, and approved. Rainbo Oil Company, Kwik Stop C- Stores+(Sunday Sale), 2335 University Ave- Signed Contracts: Bee Branch Creek Res-nue toration Project Asbestos Inspections and the TFM Company, Oky Doky # 2 +(Sunday POD Ramp Repair Approval. Upon motion the Sale), 51 W. 32nd Street documents were received and filed. Hartig Drug Company, Hartig Drug +(Sunday Sale), 2255 JFK Road Business License Refund: Request of Passed, approved and adopted this 5th Steve Haggerty, Ten Pin Tap, for a refund of day of April, 2010 Beer and Liquor License #LC0034802 in the Roy D. Buol, Mayor amount of $422.50. Upon motion the docu-Attest: Jeanne F. Schneider, CMC, City Clerk ment was received and filed and approved. RESOLUTION NO. 94-10 Liquor License Applications: City Manager Whereas, applications for Liquor Licenses recommending approval of annual liquor li-have been submitted to this Council for ap- cense renewals as submitted. Upon motion the proval and the same have been examined and documents were received and filed and Reso-approved; and lution No. 93-10 Granting the issuance of a Whereas, the premises to be occupied by Class “B” Beer Permit to McAleece Park and such applicants were inspected and found to Recreation Complex and Panchero’s Mexican comply with the State Laws and all City Ordin- th Grill; and a Class “C” Beer Permit to 16 ances relevant thereto and they have filed Street Auto/Truck Plaza, Oky Doky #1, Paro proper bonds. Foods Mart, Kwik Stop C-Store, Oky Doky #2 NOW, THEREFORE, BE IT RESOLVED and Hartig Drug; and Resolution No. 94-10 BY THE CITY COUNCIL OF THE CITY OF Granting the issuance of a Class “C” DUBUQUE, IOWA: Beer/Liquor License to Noonan’s Tap, Clarke That the Manager be authorized to cause College, Olive Garden, Whiskey River, Knights to be issued the following named applicants a of Columbus, Bar-X and Hammer Time Bar; a Liquor License. Class “B” Wine Permit to Oky Doky #1, Oky CLASS “C” BEER/LIQUOR LICENSE Doky #2, and Hartig Drug; and a Class “WBN” Mary Lou Kamp, Noonan’s Tap +(Sunday th Native Wine Permit to Kwik Stop C-Store, 16 Sale), 1618 Central Ave. Street Auto/Truck Plaza and Tobacco Outlet Clarke College, Clarke College +(Sunday Plus #504 were adopted. Sale), 1550 Clarke Drive GMRI, Inc., Olive Garden +(Sunday Sale), RESOLUTION NO. 93-10 3350 Dodge Street Whereas, applications for Beer Permits Chad Streff, Whiskey River +(Sunday have been submitted and filed to this Council Sale), 1064 University Ave. for approval and the same have been ex-Knight of Columbus, Knights of Columbus amined and approved: and # 510 +(Sunday Sale), 781 Locust Street Whereas, the premises to be occupied by Linda Kay Atkinson, Bar-X +(Sunday Sale), such applicants were inspected and found to 2616 Windsor Ave. comply with the Ordinances of the City and Russell Northouse, Hammer Time have filed proper bonds. Bar+(Sunday Sale), 123 Main Street NOW, THEREFORE, BE IT RESOLVED CLASS “B” WINE BY THE CITY COUNCIL OF THE CITY OF TFM Company, Oky Doky # 1, 250 W. 1st DUBUQUE, IOWA: Street That the Manager be authorized to cause TFM Company, Oky Doky # 2, 51 W. 32nd to be issued the following named applicants a Street Beer Permit. Hartig Drug Company, Hartig Drug, 2255 CLASS “B” BEER PERMIT JFK Road City of Dubuque, McAleece Park & CLASS “WBN” NATIVE WINE Recreation Complex, +(Sunday/Outdoor), Rainbo Oil Company, Kwik Stop C-Store, 1801 Admiral Sheehy 2335 University Ave. Central Coast Hospitality, Panchero’s Mex-Mulgrew Oil Company, 16th St Auto/Truck ican Grill, +(Sunday/Outdoor Sale), 4840 As-Plaza, 1215 E. 16th Street bury Road Kwik Trip, Inc., Tobacco Outlet Plus # 504, CLASS “C” BEER PERMIT 806 Wacker Drive th Mulgrew Oil Company, 16th St Auto/Truck Passed, approved and adopted this 5 day Plaza +(Sunday Sale), 1215 E. 16th Street of April, 2010 TFM Company, Oky Doky # 1 +(Sunday Roy D. Buol, Mayor Sale), 250 W. 1st Street Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, April 5, 2010 111 Getting’ Ahead Program: Contract with Section 2. The City Clerk is hereby autho- TM: Move the MountainCity Manager recom-rized and directed to cause this Resolution and mending approval of the contract with the a notice to be published as prescribed by Iowa Move the Mountain Leadership Center for ser-Code Section 364.7 of a public hearing on the vices related to implementation of the Cir-City’s intent to dispose of the Property, to be TM th clesinitiative. Upon motion the documents held on the 19 day of April, 2010 at 6:30 were received, filed, and approved. o’clock p.m. at the Historic Federal Building, th Council Chambers, 350 West 6 Street, Du- ITEMS TO BE SET FOR PUBLIC HEARING buque, Iowa. th Passed, approved and adopted this 5 day Motion by Lynch to receive and file the of April, 2010. documents, adopt the resolutions, set the pub-Roy D. Buol, Mayor lic hearings as indicated, and direct the City Attest: Jeanne F. Schneider, CMC, City Clerk Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Fiscal Year 2010 Second Budget Amend- ment: City Manager recommending that a pub- HHH Enterprises of Dubuque, Inc.: City lic hearing be set for April 19, 2010 to consider Manager recommending that a public hearing approval of the second amendment to the Fis- be set for April 19, 2010 to consider approval cal Year 2010 Budget. Upon motion the docu- of a lease agreement with HHH Enterprises of ments were received and filed and Resolution Dubuque, Inc., to operate and maintain a res-No. 96-10 Setting the date for the public hear- taurant deck and beer garden at 180 Main ing on Amendment No. 2 to the Fiscal Year Street. Upon motion the documents were re-2010 Budget for the City of Dubuque was ceived and filed and Resolution No. 95-10 adopted setting a public hearing for a meeting Resolution of intent to dispose of an interest in to commence at 6:30 p.m. on April 19, 2010 in real property owned by the City of Dubuque by the Historic Federal Building. lease between the City of Dubuque and HHH RESOLUTION NO.96-10 Enterprises of Dubuque, Inc., was adopted SETTING THE DATE FOR THE PUBLIC setting a public hearing for a meeting to com- HEARING ON AMENDMENT NO. 2 TO THE mence at 6:30 p.m. on April 19, 2010 in the FISCAL YEAR 2010 BUDGET FOR THE Historic Federal Building. CITY OF DUBUQUE RESOLUTION NO. 95-10 Whereas, Iowa Code Section 384.16 pro- INTENT TO DISPOSE OF AN INTEREST IN vides that the City Council shall set a time and REAL PROPERTY OWNED BY THE CITY OF place for a public hearing on amendments to DUBUQUE BY LEASE BETWEEN THE CITY the budget and publish notice before the hear- OF DUBUQUE AND HHH ENTERPRISES OF ing as provided in Iowa Code Section 362.3. DUBUQUE, INC. NOW THEREFORE, BE IT RESOLVED Whereas, the City of Dubuque, Iowa (City) BY THE CITY COUNCIL OF THE CITY OF owns a portion of the sidewalk adjacent to the DUBUQUE, IOWA: st southwestern boundary of West 1 Street and Section 1. That the City Council shall con- connecting to the real property at 180 Main duct a public hearing on proposed Amendment Street in the City of Dubuque, Iowa, (the Prop-No. 2 to the Fiscal Year 2010 budget for the erty); and City of Dubuque at the City Council Chambers Whereas, City and HHH Enterprises of at the Historic Federal Building, 350 West 6th Dubuque, Inc., have negotiated a Lease Street, Dubuque, Iowa, on Monday, April 19, Agreement for HHH Enterprises of Dubuque, 2010, beginning at 6:30 p.m. Inc., to operate and maintain a restaurant deck Section 2. That the City Clerk be and is he- and beer garden at 180 Main Street, a copy of reby authorized and directed to publish notice which Lease Agreement is on file at the office of the public hearing, according to law, togeth- th of the City Clerk, City Hall, 50 West 15 Street, er with the required budget information. th Dubuque, Iowa; and Passed, approved and adopted this 5 day Whereas, the City Council believes it is in of April 2010. the best interests of the City of Dubuque to Roy D. Buol, Mayor approve the Lease Agreement. Attest: Jeanne F. Schneider, CMC City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Tenth and Central Parking Ramp and Fire DUBUQUE, IOWA: Headquarters Expansion Project: City Manag- Section 1. The City of Dubuque intends to er recommending initiation of the public bid- dispose of its interest in the Property by Lease ding process for the Tenth and Central Parking Agreement between City and HHH Enterprises Ramp and Fire Headquarters Expansion of Dubuque, Inc. Project and that a public hearing be set for April 19, 2010 to consider approval of the 112 Regular Session, April 5, 2010 Book 140 plans and specifications, form of contract and The City Clerk is hereby directed to adver- estimated cost. Upon motion the documents tise for bids for the construction of the im- were received and filed and Resolution No. 97-provements herein provided, by publishing the 10 Preliminary approval of plans, specifica-attached Notice to Bidders to be published in a tions, form of contract, and estimated cost, newspaper having general circulation in the setting date of public hearing and ordering bids City of Dubuque, Iowa, which notice shall be for the Tenth and Central Parking Ramp and published not less than four but not more than Fire Headquarters Expansion Project was forty-five days before the date for filing bids th adopted setting a public hearing for a meeting before 11:00 AM on the 4 day of May, 2010. to commence at 6:30 p.m. on April 19, 2010 in Bids shall be opened and read by the City the Historic Federal Building. Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on th RESOLUTION NO. 97-10 May 17, 2010 in the Historic Federal Building th th 10 & CENTRAL PARKING RAMP AND Council Chambers (second floor), 350 West 6 FIRE HEADQUARTERS EXPANSION Street, Dubuque, Iowa. th PROJECT Passed, adopted and approved this 5 day PRELIMINARY APPROVAL OF PLANS, of April, 2010. SPECIFICATIONS, FORM OF CONTRACT, Roy D. Buol, Mayor AND ESTIMATED COST; SETTING DATE Attest: Jeanne F. Schneider, CMC, City Clerk OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND Water Pollution Control Plant Upgrade ESTIMATED COST; AND ORDERING THE Project: City Manager recommending initiation ADVERTISEMENT FOR BIDS of the public bidding process for the Water NOW THEREFORE, BE IT RESOLVED Pollution Control Plant Upgrade Project and BY THE CITY COUNCIL OF THE CITY OF that a public hearing be set for April 19, 2010 DUBUQUE, IOWA: to consider approval of the plans and specifi- The proposed plans, specifications, form of cations, form of contract and estimated cost. th contract and estimated cost for the 10 & Cen-Upon motion the documents were received tral Parking Ramp in the estimated amount of and filed and Resolution No. 98-10 Preliminary $9,882,136.00 (partially funded by the U.S. approval of plans, specifications, form of con- Department of Commerce Economic Devel-tract, and estimated cost, setting date of public opment Administration based on grant approv-hearing and ordering bids for the Water Pollu- al) and Fire Headquarters Expansion Project in tion Control Plant Upgrade Project was the estimated amount of $ 580,720.00 (com-adopted setting a public hearing for a meeting pletely funded by General Obligation Bonds) to commence at 6:30 p.m. on April 19, 2010 in are hereby preliminarily approved and ordered the Historic Federal Building. filed in the office of the City Clerk for public RESOLUTION NO. 98-10 inspection. th WATER POLLUTION CONTROL PLANT A public hearing will be held on the 19 MODIFICATIONS day of April, 2010 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 City of Du- ested person may appear and file objections to buque Water Pollution Control Plant modifica- the proposed plans, specifications, form of tions in the estimated amount of $42,858,266 contract, or estimated cost of the Project. are herby preliminarily approved and ordered th The 10 & Central Parking Ramp and Fire filed in the office of the City Clerk for public Headquarters Expansion Project is hereby inspection. th ordered to be advertised for bids for construc-A public hearing will be held on the 19 tion. day of April 2010 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 Book 140 Regular Session, April 5, 2010 113 cost of said Project, and the City Clerk be and communications device while operating a mo- is hereby directed to cause the attached notice tor vehicle effective upon publication be consi- of the time and place of such hearing to be dered and voted on for passage at two Council published in a newspaper having general cir-meetings prior to the meeting at which it is to culation in the City of Dubuque, Iowa, which be passed be suspended. Seconded by Braig. notice shall be published not less than four Motion failed 4-3 with Buol, Resnick and Voet- days nor more than twenty days prior to the berg voting nay. date of such hearing. At the hearing, any inter-Motion by Jones to receive and file the ested person may appear and file objections to documents and that the requirement that a the proposed plans, specifications, form of proposed ordinance repealing Ordinance No. contract, or estimated cost of the Project. 11-10 Prohibiting the use of an electronic The City of Dubuque Water Pollution Con-communications device while operating a mo- trol Plant Modifications is hereby ordered to be tor vehicle effective June 30, 2010 be consi- advertised for bids for construction. dered and voted on for passage at two Council The amount of the security to accompany meetings prior to the meeting at which it is to each bid shall be in an amount which shall be passed be suspended. Seconded by Voet- conform to the provisions of the Notice to Bid-berg. Motion failed 5-2 with Lynch and Braig ders hereby approved. voting nay. The City Clerk is hereby directed to adver-Motion by Resnick to propose an ordin- tise for bids for the construction of the im-ance be drafted by the City Attorney for con- provements herein provided, by publishing the sideration at a later meeting which would do- attached Notice to Bidders to be published in a vetail with the State ordinance. Motion failed newspaper having general circulation in the for lack of a second. City of Dubuque, Iowa, which notice shall be Motion by Jones to consider the first read- published not less than four but not more than ing of a proposed ordinance repealing Ordin- forty-five days before the date for filing bids ance No. 11-10 Prohibiting the use of an elec- th before 2:00 p.m. on the 20 day of May, 2010. tronic communications device while operating Bids shall be opened and read by the City a motor vehicle effective upon publication. Clerk at said time and will be submitted to the rSeconded by Lynch. Motion failed 3-4 with City Council for final action at 6:30 p.m. on the Buol, Connors, Resnick and Voetberg voting th 7 day of June, 2010 in the Historic Federal nay. Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. Multiple Housing Cooperative Transfers: th Passed, approved and adopted this 5 day City Manager recommending approval of a of April, 2010. proposed ordinance which requires that an Roy D. Buol, Mayor existing structure being transferred to a mul- Attest: Jeanne F. Schneider, CMC, City Clerk tiple housing cooperative must meet building code requirements in effect on the date of the BOARDS/COMMISSIONS transfer. Motion by Connors to receive and file the documents and that the requirement that a Appointments to the following Boards proposed ordinance be considered and voted /Commissions: Community Development Advi-on for passage at two Council meetings prior sory Commission. One 3-year term through to the meeting at which it is to be passed be February 15, 2013 (At-Large Term of Gukei-suspended. Seconded by Jones. Motion car- sen) ried 7-0. Applicant: Peter Koshakji, 1076 ½ Univer-Motion by Lynch for final consideration and sity Avenue. Motion by Connors to appoint passage of Ordinance No. 22-10 Amending Peter Koshakji to the Community Development Title 14 Chapter 7 of the City of Dubuque Advisory Commission for a 3-year term Code of Ordinances, Condominium Conver- through February 15, 2013. Seconded by sions, by prohibiting transfer of an existing Lynch. Motion carried 7-0. structure to a multiple housing cooperative unless the structure meets building code re- ACTION ITEMS quirements in effect on the date of transfer. Seconded by Jones. Motion carried 7-0. Cell Phone Ordinance: City Attorney re- OFFICIAL PUBLICATION questing City Council direction on the repeal of ORDINANCE NO. 22-10 the City’s cell phone ordinance as to whether it AMENDING TITLE 14 CHAPTER 7 OF THE be effective upon publication or on June 30, CITY OF DUBUQUE CODE OF ORDIN- 2010. ANCES, CONDOMINIUM CONVERSIONS, Motion by Connors to receive and file the BY PROHIBITING TRANSFER OF AN EX- documents and that the requirement that a ISTING STRUCTURE TO A MULTIPLE proposed ordinance repealing Ordinance No. HOUSING COOPERATIVE UNLESS THE 11-10 Prohibiting the use of an electronic 114 Regular Session, April 5, 2010 Book 140 STRUCTURE MEETS BUILDING CODE RE- 14-7-4: TRANSFERS TO A MULTIPLE QUIREMENTS IN EFFECT ON THE DATE HOUSING COOPERATIVE: BUILDING OF TRANSFER CODE REQUIREMENTS: NOW, THEREFORE, BE IT ORDAINED An existing structure shall not be BY THE CITY COUNCIL OF THE CITY OF transferred to a multiple housing coop- DUBUQUE, IOWA: erative unless the structure meets all Section 1. City of Dubuque Code of Ordin-building code requirements in effect on ances Title 14 Chapter 7, Sections 14-7-1, 14-the date of transfer. No person shall file 7-2, and 14-7-3 are amended to read as fol-a deed in the office of the county re- lows: corder transferring an interest in real Chapter 7 property occupied by an existing struc- CONDOMINIUM CONVERSIONS AND ture to a cooperative organized under TRANSFERS TO A MULTIPLE HOUSING Iowa Code 499A unless a certificate of COOPERATIVE compliance has been issued by the city 14-7-1: CONDOMINIUM CONVERSIONS: manager that the structure meets the BUILDING CODE REQUIREMENTS: building code requirements of this code No person shall file a declaration in the in effect on the date of transfer. office of the county recorder to convert an 14-7-5: TRANSFERS TO A MULTIPLE existing structure to a horizontal property HOUSING COOPERATIVE: FILING regime unless a certificate of compliance PLANS WITH CITY CLERK: has been issued by the city manager that At least sixty (60) days before filing the converted structure meets the building the deed in the office of the county re- code requirements of this code in effect on corder, the owner shall file as built the date of conversion. plans of the structure to be transferred 14-7-2: CONDOMINIUM CONVERSIONS: with the city clerk to enable the city to FILING DECLARATION WITH CITY CLERK: establish whether or not the structure At least sixty (60) days before being meets the building code requirements. recorded in the office of the county re-The owner shall also at the time of filing corder, the declarant shall file a copy of the plans pay a fee established by the the declaration and as built plans of the city manager structure with the city clerk to enable 14-7-6: TRANSFERS TO A MULTIPLE the city to establish whether or not the HOUSING COOPERATIVE: INSPECTION; converted structure meets the building CERTIFICATE OF COMPLIANCE code requirements. The declarant shall A. Inspection: Upon receipt of the also at the time of filing the declaration plans, the city manager or the city and plans pay a condominium conver-manager's designee shall conduct an sion fee established by resolution of the inspection of the structure to determine city council. whether or not the structure meets the 14-7-3: CONDOMINIUM CONVERSIONS: building code requirements. INSPECTION; CERTIFICATE OF COM-B. Issuance of Certificate: If the PLIANCE structure meets the building code re- A. Inspection: Upon receipt of the quirements, the city manager shall is- plans, the city manager or the city sue a certificate of compliance to the manager's designee shall conduct an owner. inspection of the structure to determine C. Notice of Noncompliance: If the whether or not the structure meets the structure does not meet the building building code requirements. requirements, the city manager shall B. Issuance of Certificate: If the notify the owner in writing as to the structure meets the building code re-building code requirements not met by quirements, the city manager shall is-the structure. th sue a certificate of compliance to the Passed, approved and adopted this 5 day declarant. of April, 2010. C. Notice of Noncompliance: If the /s/Roy D. Buol, Mayor structure does not meet the building Attest: requirements, the city manager shall /s/Jeanne F. Schneider, CMC, City Clerk notify the declarant in writing as to the Published officially in the Telegraph Herald th building code requirements not met by Newspaper the 10 day of April, 2010. the structure. /s/Jeanne F. Schneider, CMC, City Clerk Section 2. City of Dubuque Code of Ordin- ances Title 14 Chapter 7 is amended by adopt- ing the following new sections: Book 140 Special Session, April 12, 2010 115 CLOSED SESSION tion on the City’s Comprehensive Emergency Management Plan including: Motion by Jones to go into closed session  at 7:05 p.m. regarding pending litigation and Multi Hazard Plan: Planning Partners property acquisition pursuant to Chapter and Emergency Support Functions, 21.5(1)(c)(j) Code of Iowa. Seconded by Voet- Hazard Mitigation Plan berg. Motion carried 7-0.  Recovery Plan Upon motion the City Council reconvened  Animals in Disaster Plan in open session at 7:30 p.m. stating that staff  Severe Weather Plan had been given proper direction.  Other Plans: Mass Casualty/Fatality, Foreign Animal Disease Plan, and There being no further business, upon mo- Emergency Response Protocols tion the City Council adjourned at 7:31 p.m.  Future Initiatives  Regional Functional Exercises /s/Jeanne F. Schneider, CMC  Local Emergency Training City Clerk City Council discussion included questions on the height of the floodwall and plans if it is breached by high water; plans for terrorist ac- tivity; and the activation policy of warning si- CITY OF DUBUQUE, IOWA rens. Staff stated that earthen berms can be CITY COUNCIL constructed quickly to extend the floodwall and other options are being looked at. Dubuque OFFICIAL has one of seven state teams with specialized PROCEEDINGS training and equipment related to terrorist at- tacks. Extra care is given to siren tests and the The Dubuque City Council met in special recently adopted policy will average possibly session at 5:30 p.m. on April 12, 2010 in the two additional tests per year and the City has Historic Federal Building. an excellent relationship with the National Weather Service with a qualified weather spot- Present: Mayor Buol, Council Members ters network. Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Motion by Connors to receive and file the Lindahl documents. Seconded by Braig. Motion carried 7-0. Mayor Buol read the call and stated this is a special session of the City Council to act There being no further business, upon mo- upon such business that may properly come tion the City Council adjourned at 6:26 p.m. before the City Council. /s/Jeanne F. Schneider, CMC Advanced Metering Infrastructure Project: City Clerk City Manager recommending approval of the Joint Development Agreement between the City of Dubuque, Iowa, and International Busi- ness Machines Corporation and Memorandum of Understanding between the City of Dubuque and Interstate Power and Light Company for the Sustainable Dubuque AMI Pilot Project in connection with the Advanced Metering Infra- structure Project. Motion by Connors to re- ceive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. Work Session Emergency Preparedness City Manager providing information for the work session on Emergency Preparedness. Emergency Management Director Tom Berger introduced staff and provided a slide presenta- 116 Special Session, April 19, 2010 Book 140 CITY OF DUBUQUE, IOWA once per month. The University of Dubuque has requested to rent the old terminal once it is CITY COUNCIL brought up to standards for re-use. Federal OFFICIAL funding support will be spread over seven PROCEEDINGS years. Sustainability/LEED options are being integrated into the project. Curbside check-in has not yet been discussed. Mr. Hamilton ex- The Dubuque City Council met in special plained the project benefit/cost analysis related session at 5:30 p.m. on April 19, 2010 in the to terminals of this size. Historic Federal Building. There being no further business, upon mo- Present: Mayor Buol, Council Members tion the City Council adjourned at 6:14 p.m. Braig, Connors, Jones, Lynch, Resnick, Voet- berg; Assistant City Manager Steinhauser, /s/Jeanne F. Schneider, CMC Assistant City Attorney O’Brien City Clerk Mayor Buol read the call and stated this is a special session of the City Council to discuss the design of the new Airport Passenger Ter- minal. WORK SESSION Airport Passenger Terminal Design Airport Manager Robert Grierson intro- duced Airport Commission members Mike Santillo and Steve Accinelli; staff members Todd Dalsing and Cheryl Sheldon; project consultants Brad Hamilton, Randy Vogel, and Douglas Gregory, of Crawford, Murphy & Tilly, Inc., Consulting Engineers, and Chris Wand of Durrant Group. Mr. Grierson provided a brief history of the project stating that it is at the preliminary de- sign phase. The purpose of the work session is to provide City Council with information on the project’s status, budget and time table be- fore entering the design phase. Mr. Vogel pro- vided a slide presentation outlining the project.  Project Needs: Including outdated and deficient existing facility; en- hanced security, insufficient expan- sion area, and development plans  Efforts to Date Terminal Area Study o Benefit-Cost Analysis o Master Plan Update o Environmental Assessment o Land Acquisition o  New Terminal Facility Project Preliminary Phase Engineer- o ing Proposed Configura- o tion/Layouts Funding Sources o  Action Items: Including complete pre- liminary phase design report, seek review and comment, coordinate fed- eral, state, and local funding pro- curement, public interaction, initiate site preparation, initiate bidding. Responding to questions from City Council, Grierson stated that regional charters arrive Book 140 Regular Session, April 19, 2010 117 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Chiquitta Carroll for personal injury; Diane Boge for vehicle dam- CITY COUNCIL age; Interstate Power and Light for property OFFICIAL damage. Upon motion the documents were PROCEEDINGS received, filed and referred to the City Attor- ney. The Dubuque City Council met in regular City Attorney advising that the following session at 6:30 p.m. on April 19, 2010 in the claim has been referred to Public Entity Risk Historic Federal Building. Services of Iowa, the agent for the Iowa Com- munities Assurance Pool: Chiquitta Carroll for Present: Mayor Buol, Council Members personal injury. Upon motion the document Braig, Connors, Jones, Lynch, Resnick, Voet- was received, filed and concurred. berg, Assistant City Manager Steinhauser, Assistant City Attorney O’Brien Snow Removal and Right-of-Way Obstruc- tion Removal Assessments: City Manager Mayor Buol read the call and stated this is recommending approval of the final assess- a regular session of the City Council to act ments for snow removal and right-of-way ob- upon such business that may properly come struction removals. Upon motion the docu- before the City Council. ments were received and filed and Resolution No. 99-10 Adopting the final assessment Pledge of Allegiance schedule for the Snow Removal and Right-of- Way Obstruction Removal Assessments was Invocation was provided by Chaplain David adopted. Pacholke of Finley Hospital RESOLUTION NO. 99-10 PROCLAMATIONS ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL Silver Star Banner Day (May 1, 2010) was ASSESSMENT – RIGHT-OF-WAY OB- accepted by John Galle and Gene Giltne of STRUCTION REMOVAL ASSESSMENT American Legion Post 6; Volunteer Week PROJECT (April 18 – 24, 2010) was accepted by Michelle NOW, THEREFORE, BE IT RESOLVED Hellmer, Carnegie-Stout Public Library Adult BY THE CITY COUNCIL OF THE CITY OF Services Manager; and Rotary Foundation DUBUQUE, IOWA: Group Study Exchange Days (April 28 – May After full consideration, the Final Schedule 1, 2010) was accepted by Douglas Pearce, of Assessments as shown on the attached President of the Rotary Club of Dubuque. sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the Snow Removal Assessment CONSENT ITEMS – Right-of-Way Obstruction Removal Assess- ment Project. Motion by Lynch to receive and file the There is hereby assessed and levied as a documents, adopt the resolutions, and dispose special tax against and upon each of the bene- of as indicated. Seconded by Voetberg. Con- fited properties, the respective sums indicated. nors requested (#25) Environmental Steward- The amounts shown in said Final Schedule of ship Advisory Commission be held for sepa- Assessments as deficiencies are found to be rate discussion. Motion carried 7-0. proper and levied conditionally against the Minutes and Reports Submitted: Cable TV respective properties benefited by the im- Teleprogramming Commission of 3/2; City provements as shown in the Final Schedule of Council of 4/5 and 4/12; Civil Service Commis- Assessments, subject to the provisions of Iowa sion of 2/24, 3/12 and 4/1; Community Devel- Code § 384.63. Said assessments against opment Advisory Commission of 3/3; Historic said lots are hereby declared to be in propor- Preservation Commission of 3/18; Human tion to the special benefits conferred and not in Rights Commission of 3/8; Zoning Advisory excess of twenty-five percent of the value of Commission of 4/7; Zoning Board of Adjust- same. ment of 3/10 and 3/25 The City Clerk be and is hereby directed to Library Board of Trustees Update from the certify the Final Schedule of Assessments to meeting of March 25, 2010 the County Treasurer of Dubuque County, Proof of publication of City Council Pro- Iowa, and to publish notice of said certification ceedings of March 15, 2010 once each week for two consecutive weeks in Upon motion the documents were received the manner provided in Iowa Code § 362.3, and filed. the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before 118 Regular Session, April 19, 2010 Book 140 the date of the second publication of the no-Booth St., $122,400.00, $111.75, $75.00, tice, the City Clerk shall also mail a copy of $186.75 said notice to property owners whose property Randall & Mildred Dolter, LOT 1-2-1-1-B-1- is subject to assessment, as provided in Iowa 1-1 OF MINERAL LOT 24, 1036328005, 1295 Code § 384.60. South Grandview, Dubuque, IA 52003, 1295 The assessments may be paid in full or in South Grandview Ave., $304,500.00, $24.00, part without interest at the office of the City $25.00, $49.00 th Treasurer, City Hall, 50 W. 13 Street, Dubu-Robert Neuwoehner, E 110' OF LOT 1 que, Iowa, at any time within 30 days after the OAKLAND PARK, 1023461030, 1405 Mt. date of the first notice of the Final Schedule of Pleasant, Dubuque, IA 52001, 1405 Mt. Plea- Assessments. Thereafter, unpaid assessments sant St., $78,800.00, $27.50, $25.00, $52.50 of $100.00 or more are payable in 10 annual Mullet Enterprises LLC, LOT 2-1 OF CITY installments at the County Treasurer’s Office, LOT 667 1439-1441 BLUFF ST, 1024338010, Dubuque County Courthouse, 720 Central 14858 West Ridge Lane Suite 1, Dubuque, IA Avenue, Dubuque, Iowa, and will draw annual 52003, 1439/41Bluff St., $35,400.00, $35.50, interest at nine percent (9%) computed to De-$25.00, $60.50 cember 1 next following the due dates of the Daniel Peterson, LOT 147 WOODLAWN respective installments as provided in Section PARK ADD, 1023457005, 22213 W Avenue C, 384.65 of the Code of Iowa. Each installment Brandenton Beach, FL 34217, 1515 Atlantic will be delinquent from October 1 following its St., $128,500.00, $27.00, $25.00, $52.00 due date on July 1 of each year. However, Secretary of Housing & Urban Devel., C/O when the last day of September is a Saturday Flagstar Bank , LOT 138 HAMS ADD, or Sunday, that amount shall be delinquent 1118179001, 5151 Corporate Dr., Troy, MI from the second business day of October. De-48098, 1790 Garfield Ave, $104,800.00, linquent installments will draw the same delin-$110.50, $75.00, $185.50 quent interest as ordinary taxes. Property Gary & Susan Bay, S 1/2 S 1/5 CITY LOT owners may elect to pay any annual install-490, 1024257017, 80 West Dewey, Platteville, ments semi-annually in advance. WI 53818, 1805 Jackson St., $64,500.00, th Passed, approved and adopted this 19 $27.00, $25.00, $52.00 day of April, 2010. Jennifer & Gregory Meyer, LOTS 200 & Roy D. Buol, Mayor 201 WOODLAWN PARK, 1026130009, PO Attest: Jeanne F. Schneider, CMC, City Clerk Box 762 , Dubuque, IA 52004, 1815 Loras Blvd., $133,700.00, $24.00, $25.00, $49.00 SNOW REMOVAL ASSESSMENT - RIGHT- Casey Olinger, LOT 202 WOODLAWN OF-WAY OBSTRUCTION REMOVAL AS- PARK ADD, 1026130008, 1859 Loras, Dubu- SESSMENT PROJECT FINAL ASSESS- que, IA 52001, 1859 Loras Blvd., $87,100.00, MENTS, DATE: APRIL 19, 2010 $24.00, $25.00, $49.00 The following schedule is hereby deter-Tri-State Property Management, LOT 9 mined to show each lot proposed to be as-RECHES SUB 1862-1864 DELHI, sessed for the improvement shown in the title 1026210002, 18186 Williamsburg Ct., Duran- together with the amount proposed to be as-go, IA 52039, 1862 Delhi St., $92,900.00, sessed against each lot and the valuations $59.50, $25.00, $84.50 shown opposite each lot are hereby fixed as State Central Bank, N 26'5" - N 2/5 OF the true valuations of such lots by the City CITY LOT 436, 1024256001, 1805 Kennedy Council of the City of Dubuque. Rd., Dubuque, IA 52001, 1876 Central Ave., PROPERTY OWNER NAME, LOT DE- $129,100.00, $32.75, $25.00, $57.75 SCRIPTION, PARCEL, NUMBER, MAILING Bart & Gina Blean, LOT 14 BLK 5 METTEL ADDRESS, CITY, STATE ZIP, STREET AD- BROOKS ADD, 1022451001, 1888 Avalon DRESS, VALUATION WITH IMPROVEMENT, Rd., Dubuque, IA 52001, 1888 Avalon Rd., SIDEWALK ASSESSMENT, ADMINISTRA- $137,400.00, $24.00, $25.00, $49.00 TIVE FEE, TOTAL NET ASSESSMENT BRP Properties, LOT 1-1-2-1 Smyths Sub, BRP Properties, LOT 1-1-46 OXFORD 1023329019, 8505 Southern Hills Ct., Dubu- HGTS, 1025106004, 8505 Southern Hills Ct., que, IA 52003, 1897 Clarke Dr., $93,500.00, Dubuque, IA 52003, 1010 University, $24.00, $25.00, $49.00 $62,300.00, $143.75, $100.00, $243.75 Dennis & Julie Brown, LOT 2-1-1-24 A Travis, Dallas, & Lawrence Kalmes, LOT 1 O'Hares Sub, 1026182013, 1950 Bennett, OF CITY LOT 657A, 1024458002, 1038 Bluff Dubuque, IA 52001, 1950 Bennett St., St., Dubuque, IA 52001, 1038 Bluff St., $118,800.00, $24.00, $25.00, $49.00 $93,100.00, $24.00, $25.00, $49.00 Clara Finger, LOT 2-1-1-1-1 Smyths Sub, Jeffrey Fredericks & Maria Salud, LOTS 1-1023329021, 1955 Clarke Dr., Dubuque, IA 1-1-2, 2-1-1-2 & 1-1-1 & 2-1-1 ALL IN 52001, 1955 Clarke Dr., $104,000.00, $83.13, TRENK'S SUB, 1023485001, 1150 North $50.00, $133.13 Booth St., Dubuque, IA 52001, 1150 North Book 140 Regular Session, April 19, 2010 119 Tanya Avenarius , N 46'-LOT 20 Steiner's buque, IA 52001, 400 Kaufmann Ave., Add, 1024214019, 2092 Admiral St., Dubuque, $73,650.00, $24.00, $25.00, $49.00 IA 52001, 2015 Washington, $113,100.00, Waseem Serwar, LOT 2-1-1-2 OF CITY $132.76, $125.00, $257.76 LOT 670 408-408 1/2 W LOCUST ST , Alliance Investments + Consulting LLC, 1024327010, 7205 N. Badger Rd., East Dubu- LOT 3 & 4 STEINERS ADD 2024-2026 Central que, IL 61025, 408 West Locust St, Ave, 1024212008, 521 Edwin Dr., Virginia $46,500.00, $185.00, $-, $185.00 Beach, VA 23462, 2026 Central Ave., Gregory Kammes & Rebecca Klauer, $115,800.00, $24.00, $25.00, $49.00 CORNELIA PLACE ALL, 1024102002, 505 BRP Properties, E 58' OF 1 OF 13 OF MIN Kaufmann Ave, Dubuque, IA 52001, 505 LOT 172, LOT 2 OF 3-13 OF MIN LOT 172, Kaufmann Ave., $65,600.00, $24.00, $25.00, 2A OF1-4-13 M L 172, 1026132002, 8505 $49.00 Southern Hills Ct, Dubuque, IA 52003, 2069 Rodney & Jennifer Carroll, SUB CITY LOT University, $89,900.00, $53.75, $25.00, $78.75 687 & W 113' OF E 128' OF LOT 1, Richard & Sandra Brenner, LOT 13 BLK 3 1024387002, 510 West 11th Street, Dubuque, Hillcrest Park, 1022253004, 705 Kaufmann IA 52001, 510 West 11th Street, $245,940.00, Ave., Dubuque, IA 52001, 2166 Broadlawn, $154.25, $50.00, $204.25 $63,400.00, $32.63, $25.00, $57.63 Tri-State Property Management, LOT 1 OF Secretary Of Housing & Urban Develop-W 1/2 OF LOT 11 OF CITY LOT 688 & PT OF ment, C/O Best Assets Inc., LOT 18 Tivoli Add 654, 1025128002, 18186 Williamsburg Ct., 2224-2226 FRANCIS, 1024129012, 501 Mar-Durango, IA 52039, 543 West 8th St., quette Ave. Suite 1200, Minneapolis, MN $59,100.00, $27.50, $25.00, $52.50 55402, 2224 Francis St., $72,200.00, $29.75, Robert Johnson & Bethany Golombeski, $25.00, $54.75 LOT 8 & E 50 1/2'-7 SUB 823 & 824 BOTH IN Belstar Property Investments LLC, E 1/2-A MCDANIELS SUB MCDANIELS LOT 8, LOT 30 L H LANGWORTHYS ADD, 1024381024, PO Box 345, East Dubuque, IL 1024202011, PO Box 1815, Dubuque, IA 61025, 555 West 11th St., $308,100.00, 52004, 2249 Jackson St., $49,300.00, $24.00, $24.00, $25.00, $49.00 $25.00, $49.00 Christopher Lehman, LOT 3-2 OF CITY Ivan Divino, Dubuqueland Properties LLC, LOT 720, 1025135020, 657 West 5th St., Du- LOT 12 NEW JACKSON SUB , 1013379013, buque, IA 52001, 657 West 5th St., PO Box 61, Dubuque, IA 52004, 2404 White $78,000.00, $24.00, $25.00, $49.00 St., $68,300.00, $59.50, $25.00, $84.50 Paul & Kitty George, LOT 1-6-5 STAF- Danny Kennedy, LOT 1-2-1 SIEGERT FORDS ADD, 1013454030, 710 Merz St., Du- PLACE, 1022183008, 2905 Asbury Rd., Du-buque, IA 52001, 710 Merz St., $96,100.00, buque, IA 52001, 2905 Asbury Rd., $53.00, $25.00, $78.00 $90,000.00, $24.00, $25.00, $49.00 Richard & Judith Henkel, LOT 4 KELLYS Bryan Glanz & Brianne Roddick, LOT 2-2-SUB, 1025129008, 13912 Whistlewind Lane, 2-A HILLCREST PARK, 1022338001, 1305 N. Dubuque, IA 52002, 742 University, Grandview, Dubuque, IA 52001, 1305 North $81,700.00, $142.75, $100.00, $242.75 Grandview, $105,300.00, $53.95, $50.00, Toni McNatt, LOT 1-2-1-1-3 R BROWNS $103.95 SUB, 1025135014, 749 West 5th St., Dubu- Jonathan Slaght & Mackenzie Kass, LOT que, IA 52001, 749 West 5th St., $102,900.00, 2-1 GIESEL HIGHLAND PARK, 1022176011, $24.00, $25.00, $49.00 1486 W. 3rd St., Dubuque, IA 52001, 3102 Antonio Morel, LOT 3 WILSONS SUB, Asbury, $123,100.00, $140.25, $100.00, 1025132003, 225 Blackhawk Trace, Galena, $240.25 IL 61036, 784 Wilson St.., $119,900.00, Eldon Wilwert, LOT 7 BLK 11 STEGER $49.50, $50.00, $99.50 HEIGHTS, 1027427010, 35 Cambridge Court, Frank Kalb, LOT 1-3, LOT 1-4 LOT 2-9 Dubuque, IA 52001, 35 Cambridge Court, COLLINS SUB 812-814 WILSON, $148,800.00, $83.50, $50.00, $133.50 1025129025, 5478 St. Joe's Prairie Road, Bussan Properties LLC, N 16' OF LOT 5 & Zwingle, IA 52079, 814 Wilson St., S 18' OF LOT 6 BUETTELL & LANGWOR-$86,000.00, $24.00, $25.00, $49.00 THYS ADD 364-364 1/2 HILL, 1025177009, Donald & Julie Houselog, LOT 5 KEOGHS 610 South Lincoln, Cuba City, WI 53807, 364 SUB, 1025109042, 877 Wilson St., Dubuque, Hill St., $77,500.00, $75.84, $75.00, $150.84 IA 52001, 877 Wilson St., $59,500.00, $24.00, Donald Jacquinot, LOT 1-15 COOLEY'S $25.00, $49.00 SUB, 1024329012, 5 Main St., Dubuque, IA Wells Fargo Bank NA, SW 33' OF LOT 13 52001, 396 West Locust St., $40,400.00, HOOPER'S ADD, 1013478003, One Home $24.00, $25.00, $49.00 Campus, Des Moines, IA 50312, 904 Rhom- Matthew & Trisha Drake, LOT 1-8 OF berg Ave., $48,400.00, $33.75, $25.00, $58.75 LOTS 138, 140, & 142 L H LANGWORTHY'S Barry & Margaret Landolt, LOT 3 & SW 6' ADD, 1024106002, 400 Kaufmann Ave., Du-OF LOT 4 HOOPER'S ADD, 1118353013, 120 Regular Session, April 19, 2010 Book 140 4216 Hilken Rd., Dubuque, IA 52003, 911 Gar-NOW THEREFORE, BE IT RESOLVED field Ave., $73,900.00, $27.00, $25.00, $52.00 BY THE CITY COUNCIL OF THE CITY OF Joseph Puccio, NE 46.4' OF LOT 4 HOO-DUBUQUE, IOWA: PER'S ADD, 1118353012, 917 Garfield Ave., Section 1. That Section 5-7.7 of Title 16 of Dubuque, IA 52001, 917 Garfield Ave., the City of Dubuque Code of Ordinances, Uni- $73,400.00, $30.88, $25.00, $55.88 fied Development Code, is waived to allow Aspermont Co. C/O Jim Trannel, CITY 4,354 square feet and 4,355 square feet of lot LOTS 257 & 258, 1024481003, 1154 Iowa St., area for Lot 1-100 and Lots 2-100 respectively Dubuque IA 52001, 9th St. & Central Ave SW where 5,000 square feet of lot area is required. corner, $56,300.00, $168.15, $100.00, Section 2. That the Plat of Survey of Lot 1- $268.15 100 and Lot 2-100 of Finley, Waples and Bur- Chicago Central & Pacific RR, C/O CN ton’s Addition is hereby approved and the Business Dev & Rlest, RAILROAD R O W Mayor and City Clerk are hereby authorized SEC 1 T88N-R2E (SEE 15-01-501-003), and directed to enclose the approval of the 1500800016, 1 Administration Rd. Floor 1, City of Dubuque, Iowa upon said final plat. th Concord OnL4k 1b9, Old Mill Rd., Railroad, Passed, approved and adopted this 19 $53.00, $25.00, $78.00 day of April, 2010. Roy D. Buol, Mayor Joint Development Agreement – Interna-Attest: Jeanne F. Schneider, CMC, City Clerk tional Business Machines Corporation: City Attorney requesting approval of the revised Plat of Survey – Westbrook Subdivision: Joint Development Agreement and ratification Zoning Advisory Commission recommending of the Mayor’s signature of the revised Agree-approval of the plat of survey of Westbrook ment. Upon motion the documents were re-Subdivision as requested by Joel Callahan / ceived, filed, and approved. Buesing and Associates. Upon motion the documents were received and filed and Reso- Plat of Survey – Southeast Corner of Pearl lution No. 101-10 Approving a Plat of Survey and Gilliam Streets: Zoning Advisory Commis-of Lot 1-8 and Lot 2-8 Block 3 of Westbrook sion recommending approval of the plat of Subdivision in the City of Dubuque, Iowa, was survey of the southeast corner of Pearl and adopted. Gilliam Streets as requested by Tim McDo- RESOLUTION NO. 101-10 nald. Upon motion the documents were re- APPROVING A PLAT OF SURVEY OF LOT ceived and filed and Resolution No. 100-10 1-8 AND LOT 2-8 BLOCK 3 OF Approving a Plat of Survey of Lot 1-100 and WESTBROOK SUBDIVISION IN THE CITY Lot 2-100 of Finley, Waples and Burton’s Addi- OF DUBUQUE, IOWA tion in the City of Dubuque, Iowa, was adopted. Whereas, there has been filed with the City Clerk a Plat of Survey Of Lot 1-8 and Lot 2-8 RESOLUTION NO. 100-10 Block 3 of Westbrook Subdivision in the City of APPROVING A PLAT OF SURVEY OF LOT Dubuque, Iowa; and 1-100 AND LOT 2-100 OF FINLEY, WAPLES Whereas, said Plat of Survey provides no AND BURTON’S ADDITION IN THE CITY OF lot frontage for Lot 2-8, where new lots are DUBUQUE, IOWA required to front on a public or private street by Whereas, there has been filed with the City Section 11-14(b) of Title 16 of the City or Du- Clerk a Plat of Survey of Lot 1-100 and Lot 2-buque Code of Ordinances, Unified Develop- 100 of Finley, Waples and Burton’s Addition in ment Code; and the City of Dubuque, Iowa; and Whereas, said Plat of Survey has been ex- Whereas, said Plat of Survey provides amined by the Zoning Advisory Commission 4,354 square feet and 4,355 square feet of lot and had its approval endorsed thereon; and area for Lot 1-100 and Lot 2-100 respectively, Whereas, said Plat of Survey has been ex- where 5,000 square feet of lot area is required amined by the City Council and they find that it by Section 5-7.7 of Title 16 of the City or Du-conforms to the statutes and ordinances relat- buque Code of Ordinances, Unified Develop-ing to it. ment Code; and NOW THEREFORE, BE IT RESOLVED Whereas, said Plat of Survey has been ex-BY THE CITY COUNCIL OF THE CITY OF amined by the Zoning Advisory Commission DUBUQUE, IOWA: and had its approval endorsed thereon; and Section 1. That Section 11-14(b) of Title 16 Whereas, said Plat of Survey has been ex-of the City of Dubuque Code of Ordinances, amined by the City Council and they find that it Unified Development Code, is waived to allow conforms to the statutes and ordinances relat-Lot 2-8 to have no frontage on a public or pri- ing to it. vate street. Section 2. That the Plat of Survey of Lot 1- 8 and Lot 2-8 Block 3 of Westbrook Subdivi- Book 140 Regular Session, April 19, 2010 121 sion is hereby approved and the Mayor and with the Iowa Department of Natural Re- City Clerk are hereby authorized and directed sources for a federal pass-through Scenic to enclose the approval of the City of Dubu-Byways grant for the E. B. Lyons Interpretive que, Iowa, upon said final plat. Center Expansion Project; and th Passed, approved and adopted this 19 Whereas, the Iowa Department of Natural day of April, 2010. Resources has been allocated funding from Roy D. Buol, Mayor the Iowa Legislature for the E. B. Lyons Inter- Attest: Jeanne F. Schneider, CMC, City Clerk pretive Center Expansion Project; and Whereas, the City of Dubuque is funding Final Plat – Copperhead Place No. 2: Zon-the construction of the E. B. Lyons Interpretive ing Advisory Commission recommending ap-Center Expansion Project on behalf of the proval of the final plat of Copperhead Place Iowa Department of Natural Resources, and No. 2 as requested by Blackacre Properties. therefore seeks reimbursement of said ex- Upon motion the documents were received penses from the Iowa Department of Natural and filed and Resolution No. 102-10 Approving Resources from the aforementioned funding the Final Plat of Copperhead Place No. 2 was sources. adopted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 102-10 DUBUQUE, IOWA: APPROVING THE FINAL PLAT OF COP- Section 1. That the City Council does he- PERHEAD PLACE NO. 2 reby approve the contract with the Iowa De- Whereas, there has been filed with the City partment of Natural Resources for the E. B. Clerk a Final Plat of Copperhead Place No. 2 Lyons Interpretive Center Expansion Project. in the City of Dubuque; and Section 2. That the Mayor is hereby autho- Whereas, the Final Plat has been ex-rized to sign said contract on behalf of the City amined by the Zoning Advisory Commission of Dubuque. th and had its approval endorsed thereon; and Passed, approved and adopted this 19 Whereas, said Final Plat has been ex-day of April, 2010. amined by the City Council and they find that it Roy D. Buol, Mayor conforms to the statutes and ordinances relat-Attest: Jeanne F. Schneider, CMC, City Clerk ing thereto. NOW THEREFORE, BE IT RESOLVED Land and Water Conservation Fund BY THE CITY COUNCIL OF THE CITY OF (LWCF) Grant Agreement: City Manager re- DUBUQUE, IOWA: commending approval of a Land and Water Section 1. That the Final Plat of Copper-Conservation Fund Grant Agreement with the head Place No. 2 is hereby approved and the Iowa Department of Natural Resources for the Mayor and City Clerk are hereby authorized E.B. Lyons Interpretive Center Expansion and directed to endorse the approval of the Project. Upon motion the documents were City of Dubuque, Iowa, upon said Final Plat. received and filed and Resolution No. 104-10 th Passed, approved and adopted this 19 Approving a Land and Water Conservation day of April, 2010. Fund Grant Agreement with the Iowa Depart- Roy D. Buol, Mayor ment of Natural Resources for the E.B. Lyons Attest: Jeanne F. Schneider, CMC, City Clerk Interpretive Center Expansion Project was adopted. Funding Contract with the Iowa Depart- RESOLUTION NO. 104-10 ment of Natural Resources: City Manager re- APPROVING A LWCF GRANT AGREEMENT commending approval of a funding contract WITH THE IOWA DEPARTMENT OF NATU- with the Iowa Department of Natural Re- RAL RESOURCES FOR THE E.B. LYONS sources regarding the E.B. Lyons Interpretive INTERPRETIVE CENTER EXPANSION Center Expansion Project. Upon motion the COUNTY: DUBUQUE documents were received and filed and Reso- lution No. 103-10 Approving a contract with the Whereas, the City of Dubuque, Iowa, is in- Iowa Department of Natural Resources for the terested in developing outdoor recreational E.B. Lyons Interpretive Center Expansion facilities on the following described project for Project was adopted. the enjoyment of the citizenry of City of Dubu- que, Iowa, and the State Iowa. RESOLUTION NO. 103-10 Project Title: E.B. Lyons Interpretive ­ APPROVING A CONTRACT WITH THE Center Expansion; IOWA DEPARTMENT OF NATURAL RE- Total Estimated Cost: $1,476,994; ­ SOURCES FOR THE E. B. LYONS INTER- Brief Description of Project: The E.B. ­ PRETIVE CENTER EXPANSION PROJECT Lyons Interpretive Center serves as a Whereas, the Iowa Department of Trans-visitor information center and park of- portation has an intergovernmental agreement fice for the Mines of Spain. It currently 122 Regular Session, April 19, 2010 Book 140 serves over 200,000 visitors annually. suant to such Act by the Secre- Continued success and growth in in-tary of the Interior and contained terpretation and education are signifi-in 43 CFR 17. cantly inhibited by current space limi-6. That it will maintain adequate fi- tations. Expansion of the Interpretive nancial records on the proposed Center will double its size, create more project to substantiate claims for space for interpretation and education, cost-sharing. th and make it accessible; and Passed, approved and adopted this 19 day of Whereas, Land and Water Conservation April, 2010. Fund financial assistance is required for the Roy D. Buol, Mayor acquisition or development of said outdoor Attest: Jeanne F. Schneider, CMC, City Clerk recreational facilities. NOW THEREFORE, BE IT RESOLVED First Transit: City Manager recommending BY THE CITY COUNCIL OF THE CITY OF approval of the formal notification of the transit DUBUQUE, IOWA: management contract termination to First Section 1. That the project described Transit. Upon motion the documents were above be authorized. received, filed, and approved. Section 2. That the City of Dubuque ap- proves the grant agreement with the Iowa De-Hazard Mitigation Plan: City Manager re- partment of Natural Resources for Land and commending approval of the City’s Hazard Water Conservation Fund financial assistance Mitigation Plan update. Upon motion the doc- from the National Park Service in the amount uments were received and filed and Resolution of $156,000 on behalf of said City of Dubuque. No. 105-10 Approving and adopting the Dubu- Section 3. That the City of Dubuque certi-que Hazard Mitigation Plan Update was fies to the following: adopted. 1. That is will accept the terms and RESOLUTION NO. 105-10 conditions set forth in the NPS APPROVING AND ADOPTING THE DUBU- Grants-in-Aid Manual and which QUE HAZARD MITIGATION PLAN UPDATE will be a part of the Project Agreement for any grant awarded Whereas, the Dubuque Hazard Mitigation under the attached proposal. Plan Update was presented to the Dubuque 2. That it is in complete accord with City Council on April 19, 2010; and the attached proposal and that it Whereas, the Dubuque Hazard Mitigation will carry out the acquisition Plan Update was prepared in compliance with and/or development in the man-the Hazard Mitigation Planning Requirements ner described in the proposal and of the Disaster Mitigation Act of 2000 provided any plans and specifications at-by the Iowa Homeland Security and Emergen- tached thereto unless prior ap-cy Management Division; and proval for any change has been Whereas, the Dubuque Hazard Mitigation received from the Iowa Depart-Plan Update identifies the City’s potential ha- ment of Natural Resources. zards in the community; and 3. That is has the ability and inten-Whereas, the Dubuque Hazard Mitigation tion to finance its share of the Plan Update includes a profile of hazard cost of the project and that the events, a vulnerability assessment, evaluation project will be operated and of mitigation goals and a plan maintenance maintained at the expense of process. said City of Dubuque for public NOW THEREFORE BE IT RESOLVED outdoor recreational use. that the City Council of the City of Dubuque 4. That no financial assistance has does hereby approve and adopt the Dubuque been given or promised under Hazard Mitigation Plan Update this 19th day of any other federal program or ac-April, 2010. th tivity with regard to the proposed Passed, approved and adopted this 19 project. day of April, 2010. 5. That it will not discriminate Roy D. Buol, Mayor against any person on the basis Attest: Jeanne F. Schneider, CMC, City Clerk of race, color, or natural origin in the use of any property or failure Delinquent Water, Sewer, Refuse and acquired or developed pursuant Storm Water Collection Accounts: City Man- to this proposal, and shall comply ager recommending approval of the submis- with the terms and intent of the sion of delinquent water, sewer, refuse and Title VI of the Civil Rights Act of storm water collection accounts to the Dubu- 1964, P.L. 88-352 (1964), and of que County Treasurer. Upon motion the doc- the regulations promulgated pur-uments were received and filed and Resolution Book 140 Regular Session, April 19, 2010 123 SCHEDULE OF ASSESSMENTS No. 106-10 Adopting the Schedule of Assess- FOR DELINQUENT WATER, SEWER, ments for delinquent water, refuse, sewer and REFUSE AND STORMWATER ACCOUNTS storm water collection accounts and directing CUSTOMER NAME; SERVICE ADDRESS; the Clerk to certify the schedule of assess- ACCOUNT BALANCE; ADMINISTRATIVE ments to the County Treasurer and to publish FEE; BALANCE notice thereof was adopted. Amber Cooper, 2702 Pinard St., 40.55, RESOLUTION NO. 106-10 5.00, 45.55 ADOPTING THE SCHEDULE OF ASSESS- Antonio G. Conley, 1104 Riverview St., MENTS FOR DELINQUENT WATER, SEW- 43.15, 5.00, 48.15 ER, REFUSE AND STORMWATER AC- Auto & Truck Parts, Inc., 3000 Jackson St., COUNTS AND DIRECTING THE CITY 216.97, 5.00, 221.97 CLERK TO CERTIFY THE SCHEDULE OF Beverly J. Miller, 1212 Miller Road, 247.22, ASSESSMENTS TO THE COUNTY TREA- 5.00, 252.22 SURER AND TO PUBLISH NOTICE THE- Bill J Finn, 2010 Shelby St., 40.02, 5.00, REOF 45.02 NOW, THEREFORE, BE IT RESOLVED Bon Vivant, LC, 560 Almond St., 33.07, BY THE CITY COUNCIL OF THE CITY OF 5.00, 38.07 DUBUQUE, IOWA: Bon Vivant, LC, 505 Almond St. Apt 1, That after full consideration of the Sche-21.68, 5.00, 26.68 dule of Assessments attached hereto for de-Bon Vivant, LC, 453 Almond St. Apt 1, linquent water, sewer, refuse, and stormwater 100.71, 5.00, 105.71 accounts which Schedule of Assessments was BRP Properties, LLC, 515-519 Pickett St., filed in the office of the City Clerk on the 12th 25.74, 5.00, 30.74 day of February, 2010, the said Schedule of Carl D Engling, 2933 Brunskill Road, Assessments be and the same is hereby ap-112.05, 5.00, 117.05 proved and adopted. Chad Hagge, 800 W Locust St., 195.67, That there be, and is herby assessed and 5.00, 200.67 levied as a lien upon the real property, the Clara C. Finger, 1955 Clarke Dr., 32.76, respective sums indicated. 5.00, 37.76 That the City Clerk be and is hereby di-Corey E. Bonner, 1815 W 3rd St., 94.11, rected to certify said schedule to the County 5.00, 99.11 Treasurer of Dubuque County, Iowa, and to Craig T. & Leslie E Birch, 525 W Locust St. publish notice of said certification once each Apt A, 27.12, 5.00, 32.12 week for two consecutive weeks in the manner D. W. Geiger, 2600 Central Ave., 321.29, provided in Iowa Code §362.3, the first publi-5.00, 326.29 cation of which shall be not more than fifteen Da Vinci's, LLC, 395 W 9th St., 260.92, days from the date of filing of the final sche-5.00, 265.92 dule. On or before the date of the second pub-Dale P. Kleinschrodt, 421 Kaufmann Ave., lication of the notice, the City Clerk shall also 107.94, 5.00, 112.94 mail a copy of said notice to property owners Dallas M. Kalmes, 1038 Bluff St., 181.57, whose property is subject to assessment, as 5.00, 186.57 provided and directed in Iowa Code § 384.60. Dana Kisting, 702 Wilson St., 33.36, 5.00, The assessments may be paid in full or in 38.36 part at the Utility Billing Office, City Hall, 50 W. Daniel A. Dean, 418 Almond St., 132.41, th 13 Street, Dubuque, Iowa, at any time within 5.00, 137.41 30 days after the date of the first publication of Daniel J. Kane, 395 Nevada St., 66.22, the notice of the filing of the Schedule of As-5.00, 71.22 sessments with the County Treasurer. After 30 Daniel J. Pfeiffer, 510 Angella St., 86.14, days, unpaid assessments are payable at the 5.00, 91.14 County Treasurer’s Office, Dubuque County David O. Lochner, 727 Hill St. Apt 1, Courthouse, 720 Central Avenue, Dubuque, 412.97, 5.00, 417.97 Iowa, and charges shall be collected in the Dawn M. Snider, 154 W 23rd St., 159.05, same manner as general property taxes 5.00, 164.05 against the respective parcels of the property Dean W. Miller, 604 Rhomberg Ave., set opposite the name of the property owner. 122.65, 5.00, 127.65 Passed, approved and adopted this 19th Dennis A. Roth, 963 Mt Loretta Ave., day of April, 2010. 108.46, 5.00, 113.46 Roy D. Buol, Mayor Don D. Heim, 596 University Ave., 91.00, Attest: Jeanne F. Schneider, CMC, City Clerk 5.00, 96.00 Doug Wolff, 2020 Rockdale Road, 100.13, 5.00, 105.13 124 Regular Session, April 19, 2010 Book 140 Ed F. Davis, 971 Bluff St., 109.11, 5.00, Justin Oglesby, 2205 Samantha Dr., 114.11 246.18, 5.00, 251.18 Equity Builders, 640 Sapphire Cir, 106.33, Kara Starkey, 686 Needham Pl., 42.60, 5.00, 111.33 5.00, 47.60 French Market Estates, LC, 2136 White St. Katherine A. Munson, 2904 Balke St., Apt 1, 111.78, 5.00, 116.78 130.85, 5.00, 135.85 Gary Bernhard, 1100 Roosevelt St., Keith E. Welsh, 1640 Ashton Pl, 206.11, 181.03, 5.00, 186.03 5.00, 211.11 Gary Bernhard, 1110 Roosevelt St., 72.85, Kenneth & Elizabeth Jaeger, 1765 Madi- 5.00, 77.85 son St., 174.76, 5.00, 179.76 Gary E. & Susan M Bay, 1805 Jackson St., Kenneth A. Ginter, 2662 Ogle St., 69.07, 254.44, 5.00, 259.44 5.00, 74.07 Gary E. & Susan M Bay, 1815 Jackson St., Kenneth E. Keller, 2054 Jackson St. # 2, 344.98, 5.00, 349.98 96.99, 5.00, 101.99 Greg B. Cray, 745 Davis St., 324.43, 5.00, Kenneth E. Keller, 2054 Jackson St. # 1, 329.43 330.87, 5.00, 335.87 H & R Properties, 1586 Washington St., Kress Industrial Facility, LLC, Seippel 200.16, 5.00, 205.16 Road Commercial Park, 157.72, 5.00, 162.72 Henkel & Company, Inc., 1804 Central Larry Junk, 2224 Suzanne Dr., 76.00, 5.00, Ave. Apt. 1, 440.69, 5.00, 445.69 81.00 Henkel & Company, Inc., 1812 Central Laurie & David Vonah, 707 Lincoln Ave, Ave. Apt. 3, 208.56, 5.00, 213.56 263.48, 5.00, 268.48 Highlands of Dubuque, LC, 663 W 11th St. Lonnie L. Allen, 2565 Front St., 155.69, Apt. 1, 150.52, 5.00, 155.52 5.00, 160.69 J Foht, 723 Peru Road, 181.03, 5.00, Loras Boge, 1961 Rockdale Road, 124.22, 186.03 5.00, 129.22 Jackson Square Estates, LC, 1577 Wash-Loras Boge Revocable Trust, 1901 Rock- ington St., 390.74, 5.00, 395.74 dale Road, 470.76, 5.00, 475.76 Jacqueline R. Krantz, 1040 Kelly Lane, Mardi Gras Estates, LC, 510 E 22nd St. 347.66, 5.00, 352.66 Apt 2, 12.96, 5.00, 17.96 James & Suzanne Callahan, 2521 Windsor Mardi Gras Estates, LC, 512 E 22nd St. Ave., 160.32, 5.00, 165.32 Apt 2, 30.00, 5.00, 35.00 James B. Hanson, 2736 Elm St., 35.53, Mardi Gras Estates, LC, 510 E 22nd St. 5.00, 40.53 Apt 1, 30.00, 5.00, 35.00 Jay A. Streinz, 1578 Washington St., Mark A. & Susan M. Duehr, 2253 St. John 120.79, 5.00, 125.79 Dr., 295.26, 5.00, 300.26 Jay C. Close, 689 W Locust St., 191.43, Marshallese House of Praise, 2155 Rock- 5.00, 196.43 dale Road, 305.22, 5.00, 310.22 Jeff J. Welter, 695 Kane St., 193.75, 5.00, Mary A. Gross, 503 Arlington St., 37.15, 198.75 5.00, 42.15 Jeffrey J. Huseman, 2390 Theda Dr., Michael J. Schetgen, 3922 Inwood Ave., 210.29, 5.00, 215.29 178.59, 5.00, 183.59 Jeremy D. Shireman, 2225 St. Celia St., Mullett Enterprises, LC, 1439 Bluff St., 191.63, 5.00, 196.63 25.03, 5.00, 30.03 Jerod F. & Sarah A. Bennett, 750 Kelly Mullett Enterprises, LC, 1441 Bluff St., Lane, 124.77, 5.00, 129.77 34.15, 5.00, 39.15 Jesse Rans, 2008 Foye St., 84.71, 5.00, New Century Liquidating Trust, 475 Valeria 89.71 St., 394.57, 5.00, 399.57 Jessica Hill, 1700 Scenic View Dr., 109.85, Nina K. Nelson, 520 Lincoln Ave., 286.99, 5.00, 114.85 5.00, 291.99 Joel Leach, 2006 Rhomberg Apt 2, 19.31, Patrick J. Duggan, 2005 Simpson St., 5.00, 24.31 271.38, 5.00, 276.38 John & Loretta Davis, 744 Nevada St. 2nd, Patrick J. Duggan, 1540 Central Ave. Apt 93.62, 5.00, 98.62 3s, 53.08, 5.00, 58.08 John R. Barbee, 3085 Oak View Ct., Perry D. Sopina, 116 W 13th St. 1st Fl., 509.69, 5.00, 514.69 27.31, 5.00, 32.31 Jonathan Slaght, 3102 Asbury Road, Perry Sopina, 116 W 13th St. #2 2nd Fl., 50.33, 5.00, 55.33 117.75, 5.00, 122.75 Juanita K. Barry, 1776 N Grandview Ave., Peter V. Eck, 760 Tanzanite Dr., 117.13, 159.37, 5.00, 164.37 5.00, 122.13 Julie Leclere, 2491 Hempstead St., 99.75, Randy S. Weber, 535 S Grandview Ave., 5.00, 104.75 257.69, 5.00, 262.69 Book 140 Regular Session, April 19, 2010 125 Ron Rudiger, 590 Angella St., 157.26, Zoo. Upon motion the documents were re- 5.00, 162.26 ceived, filed, and approved. Ronald L. Houselog, 716 E 22nd St., 189.15, 5.00, 194.15 Lease Agreement with Tri-State Modelers: Ryan A. Downs, 80 York St., 56.46, 5.00, City Manager recommending approval of the 61.46 lease agreement with Tri-State Modelers for a Sandralee M. Scott, 599 W 8th St., 469.54, section of Roosevelt Park. Upon motion the 5.00, 474.54 documents were received, filed, and approved. Scotlyn Properties, 35 W 15th St. 1st, 71.44, 5.00, 76.44 Department of the Army: Communication Scotlyn Properties, 37 W 15th St. Apt. 1, from William T. Johnsen, Dean of Academics – 35.23, 5.00, 40.23 Department of the Army, regarding the City th Scotlyn Properties, 37 W 15th St. #3, 5.63, Manager’s attendance at the 56 Annual U.S. 5.00, 10.63 Army War College National Security Seminar. Scott A. Runde, 35 W 15th St. Apt. 1, Upon motion the document was received and 54.09, 5.00, 59.09 filed. Scott A. Runde, 35 W 15th St. Apt. 2, 44.48, 5.00, 49.48 National Security Breakfast: Invitation from Scott A. Runde, 37 W 15th St. Apt. 2, Brigadier General Tim Orr, the Adjutant Gen- 1,709.74, 5.00, 1,714.74 eral of Iowa, to attend the National Security Scott M. Bries, 735 Kirkwood St. 2nd, Breakfast on Thursday, April 22, 2010 in 86.04, 5.00, 91.04 Johnston, Iowa. So. Fourth Pacific Rim Finance, 2225 Ker- per Blvd., 998.14, 5.00, 1,003.14 Medline Development Agreement: City Staffordshire Estates, LC, 2416 Stafford St. Manager recommending approval of an Apt 2, 169.93, 5.00, 174.93 amendment to the Medline Development Steve A. Sarazin, 1315 Finley St., 188.03, Agreement to extend the date for LEED Certi- 5.00, 193.03 fication. Upon motion the documents were Steven R. Runde, 3565 Key Corners, received and filed and Resolution No. 107-10 99.73, 5.00, 104.73 Approving the Third Amendment to the Med- Tanya L. Avenarius, 2015 Washington St., line Industries, Inc., Development Agreement 1,603.95, 5.00, 1,608.95 was adopted. Terry M. Kane, 2765 Andrew Ct., 145.12, RESOLUTION NO. 107-10 5.00, 150.12 APPROVING THE THIRD AMENDMENT TO Thomas Cunningham, 1576 Locust St., THE MEDLINE INDUSTRIES, INC., DEVEL- 312.95, 5.00, 317.95 OPMENT AGREEMENT Thomas J. & Martha J. Blake, 2214 Jack- son St. # 2, 110.33, 5.00, 115.33 Whereas, a Development Agreement (the Timothy K. Manning, 1552 Locust St., Agreement), dated December 19, 2007, was 84.96, 5.00, 89.96 entered into by and between the City of Dubu- Toby Kress, 3020 N Cascade Road, 83.97, que, a municipal corporation of the State of 5.00, 88.97 Iowa (City), and Medline Industries, Inc., an Tom E. Connolly, 2900 Indiana Ave., Illinois Corporation; and 126.90, 5.00, 131.90 Whereas, City and Medline Industries, Inc., Vickie Dress, 878 Edison St., 271.45, 5.00, now desire to amend the Development 276.45 Agreement as set forth in the attached Third Vikki L. Vondran, 2490 Green St., 127.14, Amendment. 5.00, 132.14 NOW, THEREFORE, BE IT RESOLVED William Fay, 1285 Rockdale Road, 101.86, BY THE CITY COUNCIL OF THE CITY OF 5.00, 106.86 DUBUQUE, IOWA: TOTALS , 21,517.46; 575.00; 22,092.46 Section 1. That the Third Amendment of the Medline Industries, Inc., Development Dubuque Water Ski Lease: City Manager Agreement is hereby approved. recommending approval of the annual lease Section 2. That the Mayor is hereby autho- agreement with the Dubuque Water Ski Club. rized and directed to execute said Third Upon motion the documents were received, Amendment on behalf of the City of Dubuque filed, and approved. and the City Clerk is authorized and directed to attest to his signature. Children’s Zoo Boosters: City Manager re-Section 3. That the City Manager is autho- commending approval of the lease renewal rized to take such actions as are necessary to with the Dubuque Children’s Zoo Boosters, implement the terms of the Third Amendment Inc. for approximately ten acres of Roosevelt as herein approved. Park to operate the Storybook Hill Children’s 126 Regular Session, April 19, 2010 Book 140 th Passed, approved and adopted this 19 commencing July 1, 2010 with the U.S. De- day of April, 2010. partment of Housing and Urban Development, Roy D. Buol, Mayor providing for financial assistance to the City Attest: Jeanne F. Schneider, CMC, City Clerk under Title I of the Housing and Community Development Act of 1974, as amended; and Alcohol Compliance – Civil Penalty for Al-Whereas, pursuant to the rules and regula- cohol License Holders: City Manager recom-tions as promulgated by the U.S. Department mending approval of the Acknowledge-of Housing and Urban Development, an envi- ment/Settlement Agreements for a first offense ronmental review has been processed for the alcohol compliance violation for Taiko Restau-hereinafter listed projects to be financed with rant, Inc., Walgreen’s #6154, and Chances R Community Development Block Grant funds; and it is further recommended that a civil pe-and nalty hearing be scheduled for May 3, 2010 for Whereas, a notice of "Intent to Request a second alcohol compliance violation for Lot Release of Funds" for said projects will be sent One. Upon motion the documents were re-by regular mail to various tribal, federal, state ceived, filed, and approved and a hearing set and local public agencies; to the appropriate for a meeting to commence at 6:30 p.m. on Regional Office of the Environmental Protec- May 3, 2010. tion Agency, to the HUD Field Office and to the local news media, individuals and groups Tobacco Compliance – Civil Penalty for known to be interested and believed to be ap- Tobacco License Holders: City Manager re-propriate to receive such a notice; and commending approval of the Acknowledge-Whereas, any and all comments received ment/Settlement Agreements for a first offense as a result of such notice will be duly consi- tobacco compliance violation for Walgreen’s dered before proceeding with a Request for #11942 and Walgreen’s #6154 and a third Release of Funds and Certification. th offense violation for 16 Street Auto Truck NOW, THEREFORE, BE IT RESOLVED Plaza. Upon motion the documents were re-BY THE CITY COUNCIL OF THE CITY OF ceived, filed, and approved. DUBUQUE, IOWA: Section 1. That the City Clerk be and is he- PEG Capital Grant Expenditure Request: reby authorized and directed to publish a No- City Manager recommending approval of the tice of Intent to Request Release of Funds for Cable TV Tele-Programming Commission rec-the following identified projects and to make ommendation for funding from the Public, the Environmental Review Record for said Educational, and Government (PEG) Capital projects available for public inspection and Grant for Access Equipment and Facilities to comment until 5:00 p.m. on May 10, 2010. Mediacom in the amount of $4,200 for new Such notice shall be in the form of Exhibit "A" monitors and a combination DVD burn-attached hereto and made a part hereof. er/printer for the public access studio control Community Development Block Grant An- room. Upon motion the documents were re-nual Plan Projects ceived, filed, and approved. Fiscal Year 2011 (Program Year 2010) Housing Programs: First Time Home Buyer Fiscal Year 2011 Community Development Program; Homeowner Rehabilitation (Opera- Block Grant Program: City Manager recom-tion: Paintbrush; Operation Upkeep; Residen- mending approval of the publication of a No-tial Rehabilitation Loan Program; Sewer Con- tice of Intent to Request Release of Funds for nection Loan); Housing Administration Servic- Community Development Block Grant (CDBG) es and Staff; Housing Code Enforcement; program activities. Upon motion the docu-Housing Rehabilitation Services and Staff; ments were received and filed and Resolution Lead Paint Hazard Abatement Project; Rental No. 108-10 Authorizing publication of a Notice Unit Rehabilitation (Emergency Code En- of Intent to Request Release of Funds for cer-forcement Loan Program; Moderate Income tain Community Development Block Grant Rental Rehab Loan Program; Accessibility Projects for Fiscal Year 2011 (Program Year Rehab; Single Room Occupancy Rehab); 2010) was adopted. Economic Development Programs: Com- mercial Industrial Building Rehab and Revolv- RESOLUTION NO. 108-10 ing Loan Fund; Economic Development Finan- AUTHORIZING PUBLICATION OF A NOTICE cial Assistance Program and Revolving Loan OF INTENT TO REQUEST RELEASE OF Fund; FUNDS FOR CERTAIN COMMUNITY DE- Neighborhood and Community Develop- VELOPMENT BLOCK GRANT PROJECTS ment Programs: Accessible Curb Ramps; FOR FISCAL YEAR 2011(PROGRAM YEAR Child Care Resource and Referral; Dubuque 2010) Dispute Resolution Center; Information and Whereas, the City of Dubuque will enter in-Referral Service; Leadership Training; Neigh- to a Grant Agreement for the Fiscal Year borhood Development Services and Staff; Book 140 Regular Session, April 19, 2010 127 Neighborhood Support Grants; Neighborhood Mediacom: Communication from Lee Infrastructure Improvements (Neighborhood Grassley, Mediacom Senior Manager – Gov- Street Overlays; Neighborhood Sidewalk Pro-ernment Relations, notifying the City of upcom- gram; Neighborhood Step/Wall Repair); ing channel changes. Upon motion the docu- Neighborhood Recreation Program; Neighbor-ment was received and filed. hood Support Grants; Opening Doors; Senior Center; Washington Tool Library; Zoning In-Environmental Stewardship Advisory spection/ Enforcement. Commission: Communication from Wayne Planning and Administration: CDBG Ad-Klostermann, Chair – Environmental Steward- ministration Services and Staff; Finance Ser-ship Advisory Commission, regarding fundrais- vices and Staff; City Planning. ing car washes and stormwater management. No funds will be committed prior to comple-Motion by Connors receive and file the docu- tion of a review for other related laws of 24 ments and refer to the City Manager. CFR 58.5, including Section 106, for site-Seconded by Braig. Connors asked that a re- specific projects that are currently unidentified. sponse be sent to the ESAC from staff and a Section 2. That the environmental review report back to the City Council. Motion carried record for each of the projects shall be placed 7-0. on file in the Office of the Housing and Com- th munity Development Department, 350 West 6 E.B. Lyons Interpretive Center Expansion Street, Suite 312, Dubuque, Iowa, where said Project - Exhibits Grant Match: City Manager re- record may be examined and copied by any commending approval to provide $25,000 in addi- interested party. tional City funds as part of the local match for a Section 3. That the Mayor of the City of $150,000 federal grant for the Mines of Spain Dubuque is hereby authorized and directed to Exhibit and Education Program at the E.B. Lyons submit to the U.S. Department of Housing and Nature Center. Urban Development seven (7) days after pub- lication of appropriate notice a Request for Signed Contracts: Storm Sewer Improve- Release of Funds to undertake the said ments – South Main and Jones Streets. Upon projects. motion the documents were received and filed. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to Liquor License Applications: City Manager assume the status of a responsible federal recommending approval of annual liquor li- official under the National Environmental Pro-cense renewals as submitted. Upon motion the tection Act, insofar as the provisions of the documents were received and filed and Reso- said Act apply to the U.S. Department of Hous-lution No. 109-10 Granting the issuance of a ing and Urban Development responsibilities for Class “A” Liquor License to the Loyal Order of review, decision making, and action assumed the Moose Lodge; and a Class “C” Beer/Liquor and carried out by the City of Dubuque as to License to Marco’s Italian Food, West Dubu- environmental issues que Tap, Lot One, The Hub and Loras College Section 5. That the Mayor of the City of Campus was adopted. Dubuque is hereby authorized to consent per- RESOLUTION NO. 109-10 sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction Whereas, applications for Liquor Licenses of the federal courts if an action is brought to have been submitted to this Council for ap- enforce responsibilities in relation to environ-proval and the same have been examined and mental review, decision-making and action. approved; and Section 6. That the Mayor of the City of Whereas, the premises to be occupied by Dubuque is and he is hereby authorized and such applicants were inspected and found to directed to execute a Request for Release of comply with the State Laws and all City Ordin- Funds and Certification. ances relevant thereto and they have filed th Passed, approved and adopted this 19 proper bonds. day of April 2010. 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 the Manager be authorized to cause Homelessness Prevention and Rapid Re-to be issued the following named applicants a Housing Program Amendment: City Manager Liquor License. recommending approval of the Amendment to CLASS “A” LIQUOR LICENSE the Project Concern, Inc. Agreement for the DBQ Lodge # 355, Loyal Order of Moose Homelessness Prevention and Rapid Re-+(Sunday Sale), 2635 Windsor Ave. Housing Program (HPRP). Upon motion the CLASS “C” BEER/LIQUOR LICENSE documents were received, filed, and approved. Marco’s, Inc., Marco’s Italian-American Food, 2022 Central Ave. 128 Regular Session, April 19, 2010 Book 140 RESOLUTION NO. 110-10 D. Ginter & G. Ginter, West Dubuque Tap INTENT TO DISPOSE OF AN INTEREST IN +(Sunday Sale), 1701 Asbury Road REAL PROPERTY OWNED BY THE CITY OF Lot One, LLC, Lot One+(Sunday Sale), DUBUQUE BY LEASE BETWEEN THE CITY 100 Main Street OF DUBUQUE, IOWA, AND DUBUQUE The Hub on Main, Inc., The Hub +(Sunday TERMINALS, INC., AN IOWA CORPORA- Sale), 253 Main Street TION (THE DOVE HARBOR LEASE) Aramark Educational Services, Loras Col- lege Campus Whereas, the City of Dubuque, Iowa (City) +(Sunday Sale), 1450 Alta Vista Street is the owner of the real property legally de- th Passed, approved and adopted this 19 scribed as follows: day of April, 2010 A part of Government Lot 3 and un-platted Roy D. Buol, Mayor slough in Section 19, Township 89 North, Attest: Jeanne F. Schneider, CMC, City Clerk Range 3 East of the 5th Principle Meridian all in the City of Dubuque, Dubuque Co., Iowa, Bunker Hill Underground Storage Tank – containing 6.13 acres, more or less, as shown Administrative Consent Order: City Manager on the attached Exhibit A [aerial photo]; and recommending approval of the Iowa Depart-Whereas, Dubuque Terminals, Inc., de- ment of Natural Resources Administrative sires to lease a part of the property as shown Consent Order regarding the Bunker Hill un-on Exhibit A, attached hereto, for industrial derground storage tank. Upon motion the doc-uses and other river related-business activities uments were received, filed, and approved. upon the terms set forth in a Lease Agreement which is on file at the office of the City Clerk, th Multicultural Family Center: City Manager City Hall, 13 and Central Avenue, Dubuque, recommending that the Multicultural Family Iowa; and Center Assistant Director position be in-Whereas, City and Dubuque Terminals, creased from twenty (20) hours per week to Inc., have tentatively agreed to the Lease thirty (30) hours per week. Upon motion the Agreement, which among other things, pro- documents were received, filed, and approved. vides for a term through June 1, 2038; and Whereas, the City Council believes it is in Wireless Water Meter Agreements: City the best interest of the City of Dubuque to ap- Manager recommending approval of the Wire-prove the Lease Agreement. less Water Meter Agreements with Holy Family NOW THEREFORE, BE IT RESOLVED Schools. Upon motion the documents were BY THE CITY COUNCIL OF THE CITY OF received, filed, and approved. DUBUQUE, IOWA: Section 1. The City of Dubuque intends to ITEMS TO BE SET FOR PUBLIC HEARING dispose of its interest in the foregoing- described real property by Lease Agreement Motion by Lynch to receive and file the between City and Dubuque Terminals, Inc. documents, adopt the resolutions, set the pub-Section 2. The City Clerk is hereby autho- lic hearings as indicated, and direct the City rized and directed to cause this Resolution and Clerk to publish notice as prescribed by law. a notice to be published as prescribed by Iowa Seconded by Braig. Motion carried 7-0. Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- Dubuque Terminals, Inc. (Newt) Lease: described real property by lease, to be held on rd City Manager recommending that a public the 3 day of May, 2010 at 6:30 o’clock p.m. at hearing be set for May 3, 2010 to consider the Historic Federal Building, Council Cham- th proposed leases with Dubuque Terminals, bers, 350 W. 6 Street, Dubuque, Iowa. th Inc., for the Ice Harbor and Dove Harbor Passed, approved and adopted this 19 areas. Upon motion the documents were re-day of April, 2010. ceived and filed and Resolution No. 110-10 Roy D. Buol, Mayor Resolution of intent to dispose of an interest in Attest: Jeanne F. Schneider, CMC, City Clerk real property owned by the City of Dubuque by RESOLUTION NO. 111-10 lease between the City of Dubuque, Iowa, and INTENT TO DISPOSE OF AN INTEREST IN Dubuque Terminals, Inc., an Iowa Corporation REAL PROPERTY OWNED BY THE CITY OF (the Dove Harbor Lease); and Resolution No. DUBUQUE BY LEASE BETWEEN THE CITY 111-10 Resolution of intent to dispose of an OF DUBUQUE, IOWA, AND DUBUQUE interest in real property owned by the City of TERMINALS, INC., AN IOWA CORPORA- Dubuque by lease between the City of Dubu- TION (THE ICE HARBOR LEASE) que, Iowa, and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) were Whereas, the City of Dubuque, Iowa (City), adopted setting a public hearing for a meeting is the owner of the real property legally shown to commence at 6:30 p.m. on May 3, 2010 in on [attached] Exhibit A [aerial photo]; and the Historic Federal Building. Book 140 Regular Session, April 19, 2010 129 ESTIMATED COST; AND ORDERING THE Whereas, Dubuque Terminals, Inc., de- ADVERTISEMENT FOR BIDS sires to lease a part of the property as shown on Exhibit A, attached hereto, for industrial NOW THEREFORE, BE IT RESOLVED uses and other river related business activities BY THE CITY COUNCIL OF THE CITY OF upon the terms set forth in a Lease Agreement DUBUQUE, IOWA: which is on file at the office of the City Clerk, The proposed plans, specifications, form of th City Hall, 13 and Central Avenue, Dubuque, contract and estimated cost for the Lower Bee Iowa; and Branch Creek Restoration Project, in the esti- Whereas, City and Dubuque Terminals, mated amount of $10,679,520.00, are hereby Inc., have tentatively agreed to the Lease preliminarily approved and ordered filed in the Agreement, which among other things, pro-office of the City Clerk for public inspection. rd vides for a term through June 30, 2014 with a A public hearing will be held on the 3 day potential one (1) year extension (The Ice Har-of May, 2010 at 6:30 p.m. in the Historic Fed- bor); and eral Building Council Chambers at which time Whereas, the City Council believes it is in interested persons may appear and be heard the best interest of the City of Dubuque to ap-for or against the proposed plans and specifi- prove the Lease Agreement. cations, form of contract and estimated cost of NOW THEREFORE, BE IT RESOLVED said Project, and the City Clerk be and is he- BY THE CITY COUNCIL OF THE CITY OF reby directed to cause the attached notice of DUBUQUE, IOWA: the time and place of such hearing to be pub- Section 1. The City of Dubuque intends to lished in a newspaper having general circula- dispose of its interest in the foregoing-tion in the City of Dubuque, Iowa, which notice described real property by Lease Agreement shall be published not less than four days nor between City and Dubuque Terminals, Inc. more than twenty days prior to the date of Section 2. The City Clerk is hereby autho-such hearing. At the hearing, any interested rized and directed to cause this Resolution and person may appear and file objections to the a notice to be published as prescribed by Iowa proposed plans, specifications, form of con- Code Section 364.7 of a public hearing on the tract, or estimated cost of the Project. City’s intent to dispose of the foregoing-The Lower Bee Branch Creek Restoration described real property by lease, to be held on Project is hereby ordered to be advertised for rd the 3 day of May, 2010 at 6:30 o’clock p.m. at bids for construction. the Historic Federal Building, Council Cham-The amount of the security to accompany th bers, 350 W. 6 Street, Dubuque, Iowa. each bid shall be in an amount which shall th Passed, approved and adopted this 19 conform to the provisions of the Notice to Bid- day of April, 2010. 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 Lower Bee Branch Creek Restoration 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 Lower City of Dubuque, Iowa, which notice shall be Bee Branch Creek Restoration Project and published not less than four but not more than that a public hearing be set for May 3, 2010 to forty-five days before the date for filing bids th consider approval of the plans and specifica-before 2:00 p.m. on the 18 day of May, 2010. tions, form of contract and estimated cost. Bids shall be opened and read by the City Upon motion the documents were received Clerk at said time and will be submitted to the and filed and Resolution No. 112-10 Prelimi-City Council for final action, at 6:30 p.m., in the nary approval of plans, specifications, form of Historic Federal Building Council Chambers th contract, and estimated cost, setting date of (second floor), 350 West 6 Street, Dubuque, public hearing and ordering bids for the Lower Iowa, on a date yet to be determined but no Bee Branch Creek Restoration Project was later than August 16, 2010. th adopted setting a public hearing for a meeting Passed, adopted and approved this 19 to commence at 6:30 p.m. on May 3, 2010 in day of April, 2010. the Historic Federal Building. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 112-10 LOWER BEE BRANCH CREEK RESTORA- Asbury Road and IA 32 Traffic Signal and TION PROJECT Grading Project: City Manager recommending PRELIMINARY APPROVAL OF PLANS, initiation of the public bidding process for the SPECIFICATIONS, FORM OF CONTRACT, Asbury Road and IA 32 Traffic Signal and AND ESTIMATED COST; SETTING DATE Grading Project and that a public hearing be OF PUBLIC HEARING ON PLANS, SPECI- set for May 3, 2010 to consider approval of the FICATIONS, FORM OF CONTRACT, AND plans and specifications, form of contract and 130 Regular Session, April 19, 2010 Book 140 th estimated cost. Upon motion the documents before 2:00 p.m. on the 11 day of May, 2010. were received and filed and Resolution No. Bids shall be opened and read by the City 113-10 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 and ordering bids 17 day of May, 2010 in the Historic Federal for the Asbury Road and IA 32 Traffic Signal Building Council Chambers (second floor), 350 th and Grading Project was adopted setting a West 6 Street, Dubuque, Iowa. th public hearing for a meeting to commence at Passed, adopted and approved this 19 6:30 p.m. on May 3, 2010 in the Historic Fed-day of April, 2010. eral Building. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 113-10 ASBURY ROAD AND IA 32 TRAFFIC BOARDS/COMMISSIONS SIGNAL & GRADING PROJECT PRELIMINARY APPROVAL OF PLANS, Applicants were invited to address the City SPECIFICATIONS, FORM OF CONTRACT, Council regarding their desire to serve on the AND ESTIMATED COST; SETTING DATE following Boards/Commissions: Housing OF PUBLIC HEARING ON PLANS, SPECI- Commission: One 3-year term through August FICATIONS, FORM OF CONTRACT, AND 17, 2012 (Term of Plein). Applicant: Lisa McAl- ESTIMATED COST; AND ORDERING THE lister, 1701 ½ Central Avenue. Ms. McAllister ADVERTISEMENT FOR BIDS spoke in support of her appointment. Mechani- NOW THEREFORE, BE IT RESOLVED cal Board: One 3-year term through March 16, BY THE CITY COUNCIL OF THE CITY OF 2013 (Term of Bandy). Applicant: Ronald Bill- DUBUQUE, IOWA: meyer, 1745 Geraldine Drive. Mr. Billmeyer The proposed plans, specifications, form of spoke in support of his appointment. contract and estimated cost for the Asbury PUBLIC HEARINGS Road and IA 32 Traffic Signal & Grading Project, in the estimated amount $654,474.00, are hereby preliminarily approved and ordered Upon motion the rules were suspended al- filed in the office of the City Clerk for public lowing anyone present to address the City inspection. Council. rd A public hearing will be held on the 3 day of May, 2010, at 6:30 p.m. in the Historic Fed-Fiscal Year 2011 – 2015 Consolidated eral Building Council Chambers at which time Plan and Analysis of Impediments to Fair interested persons may appear and be heard Housing: Proof of publication on notice of pub- for or against the proposed plans and specifi-lic hearing to consider the Fiscal Year 2011 – cations, form of contract and estimated cost of 2015 Consolidated Plan and Analysis of Impe- said Project, and the City Clerk be and is he-diments to Fair Housing and City Manager reby directed to cause the attached notice of recommending approval. Motion by Connors to the time and place of such hearing to be pub-receive and file the documents and adopt lished in a newspaper having general circula-Resolution No. 114-10 Adopting the Fiscal tion in the City of Dubuque, Iowa, which notice Year 2011 – 2015 Consolidated Plan for Hous- shall be published not less than four days nor ing and Community Development; authorizing more than twenty days prior to the date of the Mayor to execute said plan and all neces- such hearing. At the hearing, any interested sary certifications; designating the City Man- person may appear and file objections to the ager as the authorized Chief Executive Officer proposed plans, specifications, form of con-for the Consolidated Plan; and directing that tract, or estimated cost of the Project. said plan be submitted to the U.S. Department The Asbury Road and IA 32 Traffic Signal of Housing and Urban Development; and Res- & Grading Project is hereby ordered to be ad-olution No. 115-10 Approving the Analysis of vertised for bids for construction. Impediments to Fair Housing. Seconded by The amount of the security to accompany Voetberg. Ann Michalski, 1520 Altura, spoke each bid shall be in an amount which shall regarding her concerns over who is responsi- conform to the provisions of the Notice to Bid-ble for the success of the Consolidated Plan ders hereby approved. and encouraged close review of the document. The City Clerk is hereby directed to adver-Housing and Community Development Direc- tise for bids for the construction of the im-tor David Harris and Community Development provements herein provided, by publishing the Specialist Aggie Tauke clarified recipient quali- attached Notice to Bidders to be published in a fications and how the program’s funding works newspaper having general circulation in the for first-time homebuyers and landlords. Mo- City of Dubuque, Iowa, which notice shall be tion carried 7-0. published not less than four but not more than forty-five days before the date for filing bids Book 140 Regular Session, April 19, 2010 131 RESOLUTION NO. 114-10 Urban Development by the submission dead- ADOPTING THE FY 2011-2015 CONSOLI- line. th DATED PLAN FOR HOUSING AND COM- Passed, approved and adopted this 19 MUNITY DEVELOMENT; AUTHORIZING day of April 2010. THE MAYOR TO EXECUTE SAID PLAN AND Roy D. Buol, Mayor ALL NECESSARY CERTIFICATIONS; DE- Attest: Jeanne F. Schneider, CMC, City Clerk SIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER RESOLUTION NO. 115-10 FOR THE CONSOLIDATED PLAN; AND DI-APPROVING THE ANALYSIS OF IMPEDI- RECTING THAT SAID PLAN BE SUBM-MENTS TO FAIR HOUSING. TITED TO THE U.S. DEPARTMENT OF Whereas, the U.S. Department of Housing HOUSING AND URBAN DEVELOPMENT. and Urban Development requires each en- Whereas, the U.S. Department of Housing titlement city to conduct an Analysis of Impe- and Urban Development requires each en-diments to Fair Housing (AI); and titlement city to submit a Consolidated Plan for Whereas, the City of Dubuque has con- Housing and Community Development, includ-ducted an Analysis of Impediments to Fair ing the proposed use of its Community Devel-Housing that identifies impediments and pro- opment Block Grant funds at least 45 days poses a fair housing action plan to eliminate prior to its program year; and these impediments; and Whereas, the City of Dubuque has, Whereas, the Analysis of Impediments to through a series of public meetings and hear-Fair Housing was made available for public ings, finalized a Consolidated Plan addressing comment 30 days prior to City Council action; both housing and non-housing needs in the and community; and Whereas, the Housing Commission and Whereas, copies of the draft FY 2011-2015 Long Range Planning Commission have re- Consolidated Plan (Program Year 2010-2014) viewed and recommended adoption of the for Housing and Community Development Plan; and have been available for public comment 30 Whereas, the Community Development days prior to City Council action; and Advisory Commission has held a public hear- Whereas, the Housing Commission and ing on the proposed Plan on March 3, 2010 Long Range Planning Commission have re-and approved the Analysis of Impediments to viewed and recommended adoption of the Fair Housing, and Plan; and Whereas, the City Council has held a pub- Whereas, the Community Development lic hearing on the Analysis of Impediments to Advisory Commission has held a public hear-Fair Housing on April 19, 2010. ing on the proposed plan on March 3, 2010 NOW, THEREFORE, BE IT RESOLVED and approved the FY 2011-2015 Consolidated BY THE CITY COUNCIL OF THE CITY OF Plan (Program Year 2010-2014) for Housing DUBUQUE, IOWA: and Community Development; and Section 1. That the City of Dubuque Analy- Whereas, the City Council has held a pub-sis of Impediments to Fair Housing be and the lic hearing on the FY 2011-2015 Consolidated same is hereby approved. th Plan (Program Year 2010-2014) for Housing Passed, approved and adopted this 19 and Community Development on April 19, day of April, 2010. 2010. 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: HHH Enterprises of Dubuque, Inc.: Proof of Section 1. That the City of Dubuque FY publication on notice of public hearing to con- 2011-2015 Consolidated Plan (Program Year sider a lease agreement with HHH Enterprises 2010-2014) for Housing and Community De-of Dubuque, Inc. to operate and maintain a velopment be and the same is hereby ap-restaurant deck and beer garden at 180 Main proved and adopted. Street and City Manager recommending ap- Section 2. That the City Council authorizes proval. Motion by Connors to receive and file the Mayor to sign the document on behalf of the documents and adopt Resolution No. 116- the City of Dubuque, Iowa; directs the Mayor 10 Disposing of an interest in real property to provide all the necessary certifications re-owned by the City of Dubuque by lease be- quired by the U.S. Department of Housing and tween the City of Dubuque and HHH Enter- Urban Development; designates the City Man-prises of Dubuque, Inc. Seconded by Resnick. ager as the authorized Chief Executive Officer Heath Hutchinson, 221 Bradley Street, spoke for said Consolidated Plan; and further directs in support of the proposed lease. Motion car- the City Manager to submit said Consolidated ried 7-0. Plan to the U.S. Department of Housing and 132 Regular Session, April 19, 2010 Book 140 RESOLUTION NO. 116-10 RESOLUTION NO. 117-10 DISPOSING OF INTEREST IN REAL PROP-AMENDING THE CURRENT BUDGET FOR ERTY OWNED BY THE CITY OF DUBUQUE THE FISCAL YEAR ENDING JUNE 30, 2010 BY LEASE BETWEEN THE CITY OF DUBU-(AS AMENDED LAST ON 09/21/2009.) QUE AND HHH ENTERPRISES OF DUBU- Be it resolved by the Council of the City of QUE, INC. Dubuque: Whereas, pursuant to resolution and pub-Section 1. Following notice published and lished notice of time and place of hearing, pub-the public hearing held, 04/19/2010, the cur- lished in the Telegraph herald, a newspaper of rent budget (as previously amended) is general circulation published in the City of Du-amended as set out herein and in the detail by th buque, Iowa, on this 9 day of April, 2010, the fund type and activity that supports this resolu- City Council of the City of Dubuque, Iowa, met tion which was considered at that hearing: th (Continued) on the 19 day of April, 2010, at 6:30 p.m. in the Historic Federal Building Council Cham- th bers (second floor), 350 West 6 Street, Du- buque, Dubuque County, Iowa to consider the proposal for the lease of public right-of-way abutting 180 Main Street legally described as: A portion of sidewalk adjacent to the st southwestern bound of West 1 Street and connecting to the 180 Main Street property in the City of Dubuque, Dubuque County, Iowa, to HHH Enterprises of Dubuque, Inc., pursuant to a Lease Agreement attached hereto; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objec- tions, oral or written to the proposal to lease such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease of City of Dubu- que property abutting 180 Main Street, to HHH Enterprises, LLC, be and the same is hereby approved, in accordance with the Lease Agreement attached hereto. Section 2. The Mayor is authorized and di- rected to execute the Lease Agreement, and the City Clerk is hereby authorized and di- rected to deliver a copy of said Lease to HHH Enterprises, LLC. Section 3. The City Clerk is hereby autho- rized and directed to record a certified copy of this resolution in the offices of the City Asses- sor, Dubuque County Recorder and Dubuque County Auditor. th Passed, approved and adopted this 19 day of April, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Second Budget Amend- ment: Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2010 Budget and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 117-10 Approving Amendment No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque. Seconded by Jones. Motion carried 7-0. Book 140 Regular Session, April 19, 2010 133 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 18,331,912 0 18,331,912 Less: Un-Collected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 18,331,912 0 18,331,912 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 6,610,851 0 6,610,851 Other City Taxes 6 13,913,509 0 13,913,509 Licenses & Permits 7 1,336,745 -121,635 1,215,110 Use of Money and Property 8 12,836,582 91,466 12,928,048 Intergovernmental 9 61,354,443 -2,937,065 58,417,378 Charges for Services 10 27,422,276 0 27,422,276 Special Assessments 11 1,599,650 -258,093 1,341,557 Miscellaneous 12 8,251,551 1,677,799 9,929,350 Other Financing Sources 13 125,488,718 -43,487,358 82,001,360 Total Revenues and Other Sources 14 277,146,237 -45,034,886 232,111,351 Expenditures & Other Financing Uses Public Safety 15 22,667,259 126,312 22,793,571 Public Works 16 11,873,397 -11,044 11,862,353 Health and Social Services 17 958,395 17,506 975,901 Culture and Recreation 18 9,060,529 73,554 9,134,083 Community and Economic Development 19 12,242,719 -30,356 12,212,363 General Government 20 6,863,357 93,158 6,956,515 Debt Service 21 5,970,043 0 5,970,043 Capital Projects 22 75,327,014 166,819 75,493,833 Total Government Activities Expenditures 23 144,962,713 435,949 145,398,662 Business Type / Enterprises 24 94,854,604 -9,551,229 85,303,375 Total Gov Activities & Business Expenditures 25 239,817,317 -9,115,280 230,702,037 Transfers Out 26 67,767,930 -35,730,578 32,037,352 Total Expenditures/Transfers Out 27 307,585,247 -44,845,858 262,739,389 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -30,439,010 -189,028 -30,628,038 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 43,598,570 9,238,013 52,836,583 Ending Fund Balance June 30 31 13,159,560 9,048,985 22,208,545 th Passed this 19 day of April, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 134 Regular Session, April 19, 2010 Book 140 RESOLUTION NO. 119-10 Tenth and Central Parking Ramp and Fire APPROVAL OF PLANS, SPECIFICATIONS, Headquarters Expansion Project: Proof of pub- FORM OF CONTRACT, AND ESTIMATED lication on notice of public hearing to consider COST FOR THE WATER POLLUTION CON- the plans and specifications, form of contract TROL PLANT MODIFICATIONS and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expan-NOW THEREFORE, BE IT RESOLVED sion Project and City Manager recommending BY THE CITY COUNCIL OF THE CITY OF approval. Motion by Jones to receive and file DUBUQUE, IOWA: the documents and adopt Resolution No. 118-That the proposed plans, specifications, 10 Approving plans, specifications, form of form of contract and estimated cost for the contract, and estimated cost for the Tenth and Water Pollution Control Plant Modifications, in Central Parking Ramp and Fire Headquarters the estimated amount $42,858,266 are hereby Expansion Project. Seconded by Resnick. approved. th Parking System Supervisor Tim Horsfield Passed, adopted and approved this 19 stated that the project cost is slightly less than day of April, 2010. originally estimated, but funds already spent Roy D. Buol, Mayor on utility relocation and design of the initial Attest: Jeanne F. Schneider, CMC, City Clerk th ramp at 5 and Bluff Street are not reflected in the project amount. Motion carried 7-0. Upon motion the rules were reinstated li- miting discussion to the City Council. RESOLUTION NO. 118-10 APPROVAL OF PLANS, SPECIFICATIONS, ACTION ITEMS FORM OF CONTRACT, AND ESTIMATED th COST FOR THE 10 & CENTRAL PARKING Preliminary Plat – Orchard Park Subdivi- RAMP AND FIRE HEADQUARTERS EX- sion: Zoning Advisory Commission recom- PANSION PROJECT mending approval of the preliminary plat of NOW THEREFORE, BE IT RESOLVED Orchard Park Subdivision. BY THE CITY COUNCIL OF THE CITY OF Request of Merrill Crawford, 2110 Jona- DUBUQUE, IOWA: than Lane, to address the City Council regard- That the proposed plans, specifications, ing the preliminary plat for Orchard Park Sub- th form of contract and estimated cost for the 10 division. & Central Parking Ramp and Fire Headquar-Communications from Rob McDonald, Mr. ters Expansion Project, in the estimated and Mrs. Kenneth Kublie, Mr. and Mrs. Robert amount of $9,882.136.00 (partially funded by Schute, Edwin A. and Patricia A. Frick, Mary L. the U.S. Department of Commerce Economic Kretz, John and Nancy Ferry, Donald P. Ru- Development Administration based on grant efer, James and Jen Hoppman, Victoria R. th approval) for the 10 & Central Parking Ramp Ruefer and Molly and Mike Schumacher in and the estimated amount of $580,720.00 opposition to the proposed subdivision. (completely funded by General Obligation Motion by Connors to receive and file the Bonds) for the Fire Headquarters Expansion documents and approve the recommendation. Project, are hereby approved. Seconded by Jones. Planning Services Man- th Passed, approved and adopted this 19 ager Laura Carstens provided a staff report. day of April, 2010. Merrill Crawford, 2110 Jonathan Lane, spoke Roy D. Buol, Mayor in opposition to the proposed subdivision on Attest: Jeanne F. Schneider, CMC, City Clerk behalf of area residents. Developer Curtis McDonald described the proposed housing Water Pollution Control Plant Upgrade stating that it is a variety of housing designed Project: Proof of publication on notice of public to attract young professionals and that con- hearing to consider the plans and specifica-cerns will be addressed. Motion carried 5-2 tions, form of contract and estimated cost for with Connors and Lynch voting nay. the Water Pollution Control Plant Upgrade Project and City Manager recommending ap-Request for Letter of Support for Dubuque : proval. Motion by Jones to receive and file the Senior Apartments ProjectCity Manager re- documents and adopt Resolution No. 119-10 commending approval of a letter of support for Approving plans, specifications, form of con-the 3 Diamond Development’s proposed af- tract, and estimated cost for the Water Pollu-fordable housing project, Dubuque Senior tion Control Plant Upgrade Project. Seconded Apartments, to be located west of the intersec- by Voetberg. Motion carried 7-0. tion of Sylvan and Bies Drives. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Neal Stein, 3 Diamond Development, 7444 Long Avenue, Skokie, Illinois, responded to questions from City Council. Motion carried 7-0. Book 140 Regular Session, April 19, 2010 135 State Historical Society of Iowa: Communi-residential housing units in the Greater Down- cation from the State Historical Society of Iowa town Urban Renewal District. advising that the Roshek Brothers Department Section 2. That the City Manager is hereby th Store at 250 West 8 Street has been listed in authorized and directed to distribute the Re- the National Register of Historic Places effec-quest for Proposal to interested parties. tive March 17, 2010. Motion by Voetberg to Section 3.That grants associated with receive and file the documents. Seconded by projects utilizing the Downtown Rehabilitation Braig. Motion carried 7-0. Loan Program may be funded once the project is completed, costs have been verified, and Assistance Pool to Encourage Residential funds are available within the loan/grant pro- Housing in Downtown: City Manager recom-gram. th mending approval to issue a Request for Pro-Passed, approved and adopted this 19 posals for a second round of applications to day of April, 2010. the Downtown Housing Incentive Program and Roy D. Buol, Mayor it is further recommended that the City modify Attest: Jeanne F. Schneider, CMC, City Clerk its policy to allow payment of grants asso- ciated with the Downtown Rehabilitation Loan Problem Property Maintenance Task Program to projects as they are completed and Force: City Manager recommending approval as soon as funds are available. Motion by of amendments to Title 13, Chapter 6 Solid Voetberg to receive and file the documents Waste; and Title 6, Chapter 6 Housing Regula- and adopt Resolution No. 120-10 Authorizing tions of the Code of Ordinances and increas- the City Manager to solicit proposals for ing the annual licensing fee for vacant proper- projects to encourage market-rate downtown ties from $200 to $300. Motion by Connors to rental and owner-occupied residential units in receive and file the documents and that the the Greater Dubuque Downtown Urban Re-requirement that a proposed ordinance be newal District and approve changes to the considered and voted on for passage at two Downtown Rehabilitation Loan Program. Council meetings prior to the meeting at which Seconded by Jones. Motion carried 7-0. it is to be passed be suspended and adopt Resolution No. 121-10 Approving an increase RESOLUTION NO. 120-10 in the license fee for vacant and abandoned AUTHORIZING THE CITY MANAGER TO buildings. Seconded by Lynch. Motion carried SOLICIT PROPOSALS FOR PROJECTS TO 7-0. ENCOURAGE MARKET-RATE DOWNTOWN Motion by Connors for final consideration RENTAL AND OWNER-OCCUPIED RESI- and passage of Ordinance No. 23-10 (as re- DENTIAL UNITS IN THE GREATER DOWN- vised) Amending Title 13 Public Utilities, Chap- TOWN URBAN RENEWAL DISTRICT AND ter 6 Solid Waste, Section 13-6-1 Definitions of APPROVE CHANGES TO THE DOWNTOWN the City of Dubuque Code of Ordinances by REHABILITATION LOAN PROGRAM adding a definition for container; Section 13-6- Whereas, the City of Dubuque has been 3 Container Requirements; Collection Restric- successful in encouraging job creation and tions by adding definitions for garbage bags, retention in the community for several years; oversized rigid solid waste containers, and and solid waste carts; amending Article A City or Whereas, many of the City of Dubuque’s Private Collection Service by amending Sec- new residents have a strong desire to live near tion 13-6a-4 Placement of Containers for Col- work and entertainment; and lection, Subsections A, C, D, and E and adopt- Whereas, a significant shortage of quality ing a new Subsection F; and Amending Sec- market-rate rental and owner-occupied resi-tion 13-6a-6 Rates and Charges Established; dential units exists and efforts are needed to Exceptions, Subsection D; and Ordinance No. encourage new development of such units; 24-10 Amending Title 6 Health, Housing, Sani- and tation and Environment, Chapter 6, Housing Whereas, several downtown residential Regulations of the City of Dubuque Code of development projects need financial assis-Ordinances, by repealing Section 6-6-4 A.3. tance to secure funding for such project; and Notice of Violation; Order of Compliance, and Whereas, changes to the Downtown Re-adopting in lieu thereof a new Section 6-6-4 habilitation Loan Program are necessary to A.3; by amending Section 6-6-5 Enforcement make the program more effective. of Order of City Manager by deleting Para- NOW THEREFORE, BE IT RESOLVED graph (4); and by repealing Section 6-6-9 F.1. BY THE CITY COUNCIL OF THE CITY OF Extension of Time, and adopting in lieu thereof DUBUQUE, IOWA: a new Section 6-6-9 F.1 Section 1.The City Council approves the Housing and Community Development Di- Request For Proposal for projects that are in rector David Harris stated that the escalating need of assistance to encourage new market-fee structure is intended to quicken repairs and rate downtown rental and owner-occupied deter long periods of unsightly scaffolding. 136 Regular Session, April 19, 2010 Book 140 Assistant City Attorney Tim O’Brien noted two weight of any individual standard con- revisions to Ordinance No. 23-10. Motion car-tainer and its contents shall not ex- ried 7-0. ceed forty (40) pounds. Galvanized steel and similar metal containers, OFFICIAL PUBLICATION rubber containers, and plastic con- ORDINANCE NO. 23-10 tainers which do not become brittle in AMENDING TITLE 13 PUBLIC UTILITIES, cold weather, may be used. Oil or CHAPTER 6 SOLID WASTE, SECTION 13-6- grease drums, paint cans, and similar 1 DEFINITIONS OF THE CITY OF DUBUQUE salvaged containers shall not be CODE OF ORDINANCES BY ADDING A DE- used. FINITION FOR CONTAINER; SECTION 13-6- 3. Garbage bags, typically made 3 CONTAINER REQUIREMENTS; COLLEC- of plastic and manufactured for con- TION RESTRICTIONS BY ADDING DEFINI- taining solid waste, shall not be more TIONS FOR GARBAGE BAGS, OVERSIZED than thirty-five (35) gallons nor less RIGID SOLID WASTE CONTAINERS, AND than five (5) gallons in capacity. Bags SOLID WASTE CARTS; AMENDING AR- and contents shall not exceed forty TICLE A CITY OR PRIVATE COLLECTION (40) pounds in weight. SERVICE BY AMENDING SECTION 13-6A-4 4. Oversized rigid solid waste PLACEMENT OF CONTAINERS FOR COL- containers of up to fifty (50) gallons in LECTION, SUBSECTIONS A, C, D, AND E capacity may be used if subscribed AND ADOPTING A NEW SUBSECTION F; for an additional monthly fee. Over- AND AMENDING SECTION 13-6A-6 RATES sized rigid solid waste containers AND CHARGES ESTABLISHED; EXCEP- shall contain no more than three (3) TIONS, SUBSECTIONS A AND D garbage bags of forty (40) pounds or NOW, THEREFORE, BE IT ORDAINED less each. All such containers shall BY THE CITY COUNCIL OF THE CITY OF be waterproof, fitted with a tight lid, DUBUQUE, IOWA: and have handles or other suitable Section 1. Section 13-6-1 of the City of lifting devices. Galvanized steel and Dubuque Code of Ordinances is amended to similar metal containers, rubber con- read as follows: tainers, and plastic containers which 13-6-1: DEFINITIONS: do not become brittle in cold weather, For the purpose of this chapter the fol-may be used. Barrels may not be lowing definitions shall apply: used. . . . . 5. Solid waste carts may either be CONTAINER: A solid waste receptacle, used, required, or subscribed at including a standard solid waste container, scheduled monthly rates. Forty-eight an oversized rigid solid waste container, a (48), sixty-four (64), and ninety-six solid waste cart, or a garbage bag, as de- (96) gallon carts are acceptable. . . . . scribed in Section 13-6-3 Container Re- quirements; Collection Restrictions. Section 3. Section 13-6A-4 of the City of . . . . Dubuque Code of Ordinances is amended to Section 2. Section 13-6-3 of the City of read as follows: Dubuque Code of Ordinances is amended to 13-6A-4: PLACEMENT OF CONTAIN- read as follows: ERS FOR COLLECTION: 13-6-3: CONTAINER REQUIRE-A. Alleys. Where collections are MENTS; COLLECTION RESTRICTIONS: made from alleys: . . . . 1. Standard solid waste contain- B. Container Standards. ers, oversized rigid solid waste con- 1. Containers shall be of a type tainers, and solid waste carts may originally manufactured for refuse or remain at the alley during the week. garbage collection and shall be of 2. All other containers shall be sturdy construction. placed in one location for each dwel- 2. Standard solid waste contain-ling, in clear view at the owner's ers shall not be more than thirty-five property line abutting the alley, and (35) gallons nor less than five (5) gal-only on the days designated by the lons in capacity, except when only City Manager. . . . . one (1) container is used, in which case such container may be less than C. Time Limit for Placement of Con- five (5) gallons in capacity. All such tainers in Alleys. No person shall place containers shall be waterproof, fitted solid waste items or solid waste con- with a tight lid, have handles or other tainers, other than standard solid waste suitable lifting devices, and have ta-containers, oversized rigid solid waste pered sides for easy emptying. The containers, or solid waste carts, at the Book 140 Regular Session, April 19, 2010 137 alley line for collection more than twen-municipal utility bill of the solid waste ty-four (24) hours before the scheduled owner. If the owner of the solid waste collection day. All solid waste items and cannot be identified or found, collection containers shall be placed at the desig-costs will be added to the municipal nated collection location for City collec-utility bill of the property owner. tion by six o'clock (6:00) A.M. on the Section 5. Section 13-6A-6 of the City of scheduled collection day. Dubuque Code of Ordinances is amended to D. Time Limit for Placement of Con-read as follows: tainers on Streets: No person shall 13-6A-6: RATES AND CHARGES ES- place solid waste items or containers at TABLISHED; EXCEPTIONS: the street for collection more than twen-A. Class I Premises: Except as ty-four (24) hours before the scheduled qualified below, a fee of ten dollars six- collection day. All solid waste items and ty cents ($10.60) per dwelling unit per containers shall be placed at the desig-month shall be paid to the city by the nated collection location for City collec-property owner of each class I premis- tion by six o’clock (6:00) A.M. on the es for such services. Said fee shall be scheduled collection day. in payment for collection and disposal E. Duty When Solid Waste Not Col-of one 35-gallon can or one 35-gallon lected: After twenty-four (24) hours fol-trash bag of "solid waste" as defined in lowing the scheduled collection day, this chapter. There is no limit on the whenever the City Manager determines number of bins allowed to be collected that the solid waste, either placed for containing acceptable "recyclable ma- collection or apparently abandoned, is terials" as defined in this chapter. Ex- noncompliant with container, quantity, ceptions to the collection charges for or location requirements such as to class I premises are as follows: constitute a health, safety or fire ha-1. When a class I premises zard, the City Manager shall mail a writ-has been vacant for a period not ten notice by certified mail to the solid less than two (2) consecutive waste’s identified owner, notifying the months, the owner may apply to owner to comply with the applicable or-the city manager for a credit un- dinances. If the owner fails to comply der procedures to be established within three (3) days after the mailing of by the city manager. Such credit such notice, the City Manager will shall continue only so long as the cause the solid waste to be collected class I premises is vacant. . . . . and the costs associated with said ac- tion added to the municipal utility bill of 4. Class I premises when a the solid waste owner. family household of five (5) or If the owner of the solid waste can-more persons has an annual in- not be identified or found, the notice come equal to or less than the in- shall be sent to the owner of the lot or come standards used by HUD for parcel of land on which the solid waste its "section 8 housing program" is located, or the property owner’s for the size of that household agent or attorney, notifying the owner may, upon application to the city of said property of the noncompliance. manager, be exempted from one- 1 If the property owner fails to comply half (/) the established collection 2 charge. After the initial applica- within three (3) days after the mailing of such notice, the City Manager will tion, annual application shall be cause the solid waste to be collected made by the head of household and the costs associated with said ac-annually, as scheduled by the City tion added to the municipal utility bill of Manager, to verify annual income the property owner. and eligibility. . . . . Section 4. Section 13-6A-4 of the City of Dubuque Code of Ordinances is amended by D. Unit Based Pricing: 1. Collection options and adding thereto the following new subsection: . . . . charges under unit based pricing F. Continued Noncompliance. In the for class I, II, and III premises event of continued noncompliance with shall be established by the City solid waste setout regulations within Manager. the following twelve (12) calendar 2. Additional subscriptions months, the City Manager shall be au-may be obtained for weekly col- thorized to immediately collect the non-lection of additional standard solid compliant solid waste and add the waste containers, oversized rigid costs associated with said action to the 138 Regular Session, April 19, 2010 Book 140 SECTION 6-6-9 F.1. EXTENSION OF TIME, solid waste containers, or solid AND ADOPTING IN LIEU THEREOF A NEW waste carts. SECTION 6-6-9 F.1. 3. Official City of Dubuque single use stickers shall be ap-NOW, THEREFORE, BE IT ORDAINED plied to each additional standard BY THE CITY COUNCIL OF THE CITY OF solid waste container or small DUBUQUE, IOWA: bulky or bundled item in excess of Section 1. Section 6-6-4 A.3. of the City of the one standard solid waste con-Dubuque Code of Ordinances is hereby re- tainer collected under the base pealed, and the following new Section 6-6-4 monthly solid waste fee or any A.3. is hereby adopted in lieu thereof: (3) Spe- additional subscribed contain-cify a period of time not to exceed thirty (30) er(s). days to begin repairs or demolition and not to 4. Multiple-family dwellings of exceed one hundred-eighty (180) days for three (3), four (4), five (5), and six completion. No additional time for completion (6) dwelling units as well as class may be authorized by the Housing Officer, II or class III premises sharing a excepting for weather-related exterior repairs common set out location with oth-beginning in November and ending in May of er city solid waste customers shall each year. only use approved solid waste Section 2. Section 6-6-5 of the City of Du- containers with permanent identi-buque Code of Ordinances is hereby amended fication as to the specific premis-by deleting paragraph (4). es. However, for the two (2) Section 3. Section 6-6-9 F.1.of the City of weeks following Christmas, Dubuque Code of Ordinances is hereby re- excess solid waste may be set out pealed and the following new Section 6-6-9 in trash bags with applied City of F.1. is hereby adopted in lieu thereof: Dubuque single use stickers. (1) Extension of time: The Board may 5. In alleys approved for set grant an extension of time for the com- out where solid waste carts are pliance of any notice and order for not required to be subscribed to by more than ninety (90) days subject to ap- owners, tenants, and/or the prop-propriate conditions and provided that the erty managers of class I, II, and III Board makes specific findings of fact premises the customer shall based on evidence relating to the following: choose the number and size of a. That there are practical difficul- the cart(s). Such carts shall be ties or unnecessary hardships in car- subscribed according to a fee rying out the strict letter of any notice schedule and program require-and order; and ments as approved by the city b. That such an extension is in manager. harmony with the general purpose . . . . and intent of this code in securing the Section 6. This Ordinance shall take effect public health, safety and general wel- on publication. fare; and th Passed, approved and adopted the 19 c. That the violation in question day of April, 2010. does not constitute an imminent /s/Roy D. Buol, Mayor threat to public health, safety and Attest: welfare. /s/Jeanne F. Schneider, CMC, City Clerk Section 4. This ordinance shall take effect Published officially in the Telegraph Herald immediately upon publication. rdth Newspaper the 23 day of April, 2010. Passed, approved and adopted this 19 /s/Jeanne F. Schneider, CMC, City Clerk day of April, 2010. /s/Roy D Buol, Mayor OFFICIAL PUBLICATION Attest: ORDINANCE NO. 24-10 /s/Jeanne F. Schneider, CMC, City Clerk AMENDING TITLE 6 HEALTH, HOUSING, Published officially in the Telegraph Herald rd SANITATION AND ENVIRONMENT, CHAP- Newspaper the 23 day of April, 2010. TER 6, HOUSING REGULATIONS OF THE /s/Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE CODE OF ORDIN- ANCES, BY REPEALING SECTION 6-6-4 RESOLUTION NO. 121-10 A.3. NOTICE OF VIOLATION; ORDER OF APPROVING AN INCREASE IN THE LI- COMPLIANCE, AND ADOPTING IN LIEU CENSE FEE FOR VACANT AND ABAN- THEREOF A NEW SECTION 6-6-4 A.3.; BY DONED BUILDINGS AMENDING SECTION 6-6-5 ENFORCEMENT Whereas, the need for increased monitor- OF ORDER OF CITY MANAGER BY DELET- ing, inspections and enforcement in the main- ING PARAGRAPH (4); AND BY REPEALING tenance of vacant and abandoned properties Book 140 Regular Session, April 19, 2010 139 has added costs to the housing code enforce-Whereas, the federal aid appropriated ment program. funds will be eligible as per the terms of said Whereas, the City Council has determined funding agreement to complete said highway that the annual licensing fee should be in-improvements for the Southwest Arterial creased from $200 to $300. Project, within Dubuque County, Iowa. NOW, THEREFORE, BE IT ORDAINED 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. Effective July 1, 2010, the an-Section 1. That said Iowa DOT Federal Aid nual licensing fee for vacant and abandoned Funding Agreement (Agreement No. 2009-E- buildings be increased to $300. 275) between the City of Dubuque and the th Passed, approved and adopted this 19 Iowa Department of Transportation be ap- day of April, 2010. proved for the development of the Southwest Roy D Buol, MayorArterial Project in Dubuque. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Law Enforcement Explorer Post: City Man-DOT Federal Aid Funding Agreement (Agree- ager recommending approval of a partnership ment No. 2009-E-275) for the development of between the Dubuque Police Department and the Southwest Arterial Project in Dubuque. th the Northeast Iowa Council of the Boy Scouts Passed, approved and adopted this 19 of America (BSA) for the formation of a Law day of April, 2010. Enforcement Explorer Post. Motion by Jones Roy D. Buol, Mayor to receive and file the documents and approve Attest: Jeanne F. Schneider, CMC, City Clerk the recommendation. Seconded by Resnick. Motion carried 7-0. Federal Emergency Management Agency (FEMA): City Manager transmitting the issues Southwest Arterial – Iowa Department of and errors identified by City staff with the pre- Transportation Funding Agreement: City Man-liminary Digitized Flood Insurance Rate Map ager recommending approval of the execution (DFIRM) and citizen comments and requesting of the Iowa Department of Transportation that FEMA respond in writing. Motion by Con- (Iowa DOT) Federal Aid Funding Agreement nors to receive and file the documents and (Agreement No. 2009-E-275) for development approve the recommendation. Seconded by of the Southwest Arterial Project. Motion by Voetberg. Motion carried 7-0. Connors to receive and file the documents and adopt Resolution No. 122-10 Approving the There being no further business, upon mo- Iowa Department of Transportation Federal tion the City Council adjourned at 8:35 p.m. Aid Funding Agreement (Agreement No. 2009- E-275) for the development of the Southwest /s/Jeanne F. Schneider, CMC Arterial Project. Seconded by Jones. Motion City Clerk carried 7-0. RESOLUTION NO. 122-10 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUND- ING AGREEMENT (AGREEMENT NO. 2009- E-275) FOR THE DEVELOPMENT OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the Iowa Department of Trans- portation (Iowa DOT) has authorized the use of SAFETEA-LU Transportation Bill funds; Omnibus Bill funds; American Recovery and Reinvestment Act (ARRA) funds; Transporta- tion, Housing and Urban Development (THUD) funds; and Dubuque Metropolitan Area Trans- portation Study (DMATS) Surface Transporta- tion Program (STP) funds for the development of the Southwest Arterial Project in Dubuque. Whereas, the federal aid appropriated funds will be utilized to advance the develop- ment of the Southwest Arterial Project for eli- gible project activities such as; construction, engineering design, mitigation, inspection, right-of-way acquisition and utility relocation. 140 Special Session, April 28, 2010 Book 140 CITY OF DUBUQUE, IOWA Infrastructure Project and the Iowa Power Fund Board Contract for a Grant of $1,400,000 CITY COUNCIL to the City of Dubuque. Motion by Connors to OFFICIAL receive and file the documents and adopt PROCEEDINGS Resolution No. 124-10 Approving Agreements with Interstate Power and Light Company and International Business Machines Corporation The Dubuque City Council met in special for the Advanced Metering Infrastructure session at 5:00 p.m. on April 28, 2010 in the Project and approving an Iowa Power Fund Historic Federal Building. Board Contract for a grant for the Project. Seconded by Braig. Present: Mayor Pro-Tem Resnick, Council Responding to questions from City Council, Members Braig, Connors, Lynch; City Manag- Van Milligen explained that this project is the er Van Milligen, City Attorney Lindahl energy consumption component of the Smar- ter City model. Community education efforts Absent: Mayor Buol, Council Members are being coordinated through community Jones and Voetberg agency partnerships and the City’s Sustaina- bility office. No local tax dollars are used in this Mayor Pro-Tem Resnick read the call and portion of the initiative. Grant payments will be stated this is a special session of the City paid to IBM for project services from the City. Council to act upon such business that may The community will benefit from job creation properly come before the City Council. and savings on utilities. Dubuque 2.0 is a three- to five-year community dialogue pro- Liquor License: Request of Curtis Gerhard, gram sponsored by the Community Founda- Knickers’ Saloon, for a Class “C” Beer/Liquor tion of Great Dubuque and the Dubuque Area License (One-Day Outdoor Service) for a spe- Chamber of Commerce. The City organization cial event on May 1, 2010. Motion by Lynch to will also benefit from conserving energy re- receive and file the documents and adopt sources and could possibly realize a profit. Resolution No. 123-10 Granting the issuance Dubuque is poised to become an international of a Class “C” Liquor License (One-Day Out- model of sustainability for other communities door Service). Seconded by Braig. Motion car- and corporations. Van Milligen stated that ried 4-0. should the project fail, the City is at risk of los- ing $175,000. Information on the City’s sustai- RESOLUTION NO. 123-10 nability programs can be obtained from the Whereas, applications for Liquor Licenses City’s website or by contacting City Hall. Mo- have been submitted to this Council for ap- tion carried 4-0. proval and the same have been examined and approved; and RESOLUTION NO. 124-10 Whereas, the premises to be occupied by APPROVING AGREEMENTS WITH INTER- such applicants were inspected and found to STATE POWER AND LIGHT COMPANY comply with the State Laws and all City Ordin- AND INTERNATIONAL BUSINESS MA- ances relevant thereto and they have filed CHINES CORPORATION FOR THE AD- proper bonds. VANCED METERING INFRASTRUCTURE NOW, THEREFORE, BE IT RESOLVED PROJECT AND APPROVING AN IOWA BY THE CITY COUNCIL OF THE CITY OF POWER FUND BOARD CONTRACT FOR A DUBUQUE, IOWA: GRANT FOR THE PROJECT That the Manager be authorized to cause Whereas, the City of Dubuque (City) as to be issued the following named applicants a part of its Smarter Sustainable Dubuque Initia- Liquor License. tive is proposing to work with International CLASS “C” BEER/LIQUOR LICENSE Business Machines Corporation (IBM) and Curt L. Gerhard, Knicker’s Saloon ( 1 Day Interstate Power and Light Company (IPL) on Outdoor Sale, May 1, 2010), 2186 Central the Smart Metering and Measurement of elec- Avenue trical energy utilization in Dubuque; and th Passed, approved and adopted this 28 Whereas, IBM will work on developing a day of April, 2010. prototype service using Web portals to access David T. Resnick, Mayor Pro-Tem the prototype service running on IBM servers Attest: Jeanne F. Schneider, CMC, City Clerk that would allow City management and electric utility customers to monitor electric energy Advanced Metering Infrastructure Project: consumption on a near real-time basis in order City Manager recommending approval of to better control and reduce the consumption agreements with Interstate Power and Light of electric energy; and Company and International Business Ma- Whereas, IBM will work on developing the chines Corporation for the Advance Metering software tools for collecting, updating and Book 140 Special Session, April 28, 2010 141 processing the Data provided by the volun-Section 1. The Joint Development Agree- teers participating in the project for use for the ment between the City of Dubuque and Inter- Prototype Service; providing written reports to national Business Machines Corporation, the the City on the progress and results of the Memorandum of Understanding between the project; and demonstrating the Prototype Ser-City of Dubuque and Interstate Power and vice to the City and other Iowa government Light Company for the Sustainable Dubuque agencies as agreed by the parties; and AMI Pilot Project, and the Power Fund Con- Whereas, the City is willing to provide fund-tract Number 09-IPF-25 are hereby approved. ing for the project subject to approval of the Section 2. The City Manager is authorized project by the Iowa Power Fund Board (Power and directed to sign the agreements on behalf Fund). The City will identify volunteers among of the City of Dubuque and to take such further its residents to participate in this project; work action as he determines appropriate to imple- with City energy company, IPL on the installa-ment the agreements. th tion of smart meters with two-way communica-Passed, approved and adopted this 28 tion capability necessary for the project; pro-day of April, 2010. vide the volunteers’ energy consumption data David T. Resnick, Mayor Pro-Tem to IBM in an anonymized form, interface with Attest: Jeanne F. Schneider, CMC, City Clerk the volunteers to answer questions about the Prototype Service, work with IBM to analyze There being no further business, upon mo- the results, and provide IBM with feedback on tion the City Council adjourned at 5:30 p.m. the results; and Whereas, IPL will install up to 1000 Ad-/s/Jeanne F. Schneider, CMC vanced Metering Infrastructure meters for City Clerk project participants in Dubuque, Iowa and pro- vide the individual customer electricity usage and related data as described to the City for restricted display on a web portal and for inde- pendent analysis in accordance with the City’s research objectives for the project and for the City to provide any and all analysis and reports resulting from such analysis to IPL as a result of the project; and Whereas, the Power Fund has tentatively approved a grant for the project. The contract between the City and the Power Fund provides for a grant not to exceed $1.4 Million Dollars in consideration for the City’s completion of the project, which is creating a Sustainability Ser- vice model for measurement and monitoring of city energy and water systems. The City also agrees to facilitate replication of the technolo- gy developed by the project and to facilitate sharing success payments if the technology developed by the project is commercially dep- loyed. The contract establishes a reporting and payment schedule; and Whereas, to achieve these goals, and as provided in the Power Fund contract, the City is required to enter into agreements with IBM and IPL; and Whereas, the City Council has determined that it is in the best interests of the City of Du- buque to approve the Joint Development Agreement between the City of Dubuque and International Business Machines Corporation, the Memorandum of Understanding between the City of Dubuque and Interstate Power and Light Company for the Sustainable Dubuque AMI Pilot Project, and the Power Fund Con- tract Number 09-IPF-25, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 142 Regular Session, May 3, 2010 Book 140 CITY OF DUBUQUE, IOWA Commission of 4/15; Housing Commission of 3/23; Mechanical Board of 4/14; Park and CITY COUNCIL Recreation Commission of 3/9 OFFICIAL Library Board of Trustees Update from the PROCEEDINGS meeting of April 22, 2010 Proof of publication of City Council Pro- ceedings of April 5 and 12, 2010 The Dubuque City Council met in regular Upon motion the documents were received session at 6:30 p.m. on May 3, 2010 in the and filed. Historic Federal Building. Notice of Claims/Suits: Melvin Moss for Present: Mayor Buol, Council Members vehicle damage; James Hanson for property Braig, Connors, Jones, Lynch, Resnick, Voet- damage; State Farm Insurance (William Ro- berg, City Manager Van Milligen, City Attorney berts) for vehicle damage; Christopher Lange Lindahl for property damage; Coralita Shumaker for vehicle damage; Aaron Young for property Mayor Buol read the call and stated this is damage. Upon motion the documents were a regular session of the City Council to act received, filed, and referred to the City Attor- upon such business that may properly come ney. 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 Father Gabriel munities Assurance Pool: James Hanson for Anderson of St. Columbkille's Catholic Church. property damage; William Roberts for vehicle damage; Interstate Power and Light for proper- PROCLAMATIONS ty damage; Diane Boge for vehicle damage; Melvin Moss for vehicle damage. Upon motion Bike to Work Week (May 17 – 21, 2010); the documents were received, filed, and con- Preservation Month (May, 2010) was accepted curred. by David Klavitter and Michael Knight of the Historic Preservation Commission; National 2010 – 2011 Deer Management Plan: City Train Day (May 8, 2010) was accepted by Da- Manager recommending approval of the 2010 vid Solberg, 1387 Tomahawk Drive, and Ed – 2011 Urban Deer Management Program. Sheppley, 2590 St. Anne Drive; Nursing Home Upon motion the documents were received, Week (May 9 – 15, 2010) was accepted by filed, and approved. Mike Terrill of Dubuque Nursing and Rehab and Barbara Barker of Luther Manor Retire- Mystique Casino: Communication from ment Community; Public Service Employee Jesús Avilés, Mystique Casino, requesting to Recognition Week (May 3 – 7, 2010) was ac- display fireworks on June 5, 2010 in celebra- cepted by Ann Edelman, 3887 Aurora Street, tion of 26 years of live racing at Dubuque and Phyllis Anderson, 2025 Morning View Greyhound Park. Upon motion the documents Road; AmeriCorps Week (May 8 – 15, 2010) were received, filed, and approved. was accepted by Michelle Balek, City of Dubu- que Sustainability Office; Compass to Care Historic Resource Development Program Day - the Mike and Sandy Ernsdorf Childhood (HRDP) Grant Application: City Manager recom- Cancer Foundation (July 9, 2010) was ac- mending approval of a $20,500 grant application cepted by Michelle Ernsdorf, Executive Direc- to the State Historical Society of Iowa for Historic tor, Compass to Care Day. Resource Development Program (HRDP) grant funds for the Mines of Spain Interactive Multi- CONSENT ITEMS Media Timeline Exhibit. Upon motion the docu- ments were received and filed and Resolution No. Motion by Lynch to receive and file the 125-10 Authorizing grant application for HRDP documents, adopt the resolutions, and dispose Funds for Mines of Spain Interactive Multi-Media of as indicated. Seconded by Braig. Motion Timeline Exhibit was adopted. carried 7-0. RESOLUTION NO. 125-10 Minutes and Reports Submitted: Arts and AUTHORIZING GRANT APPLICATION FOR Cultural Affairs Advisory Commission of 3/23; HRDP FUNDS FOR MINES OF SPAIN IN- Cable TV Regulatory Commission of 9/9/09; TERACTIVE MULTI-MEDIA TIMELINE EX- City Council of 4/19; Civil Service Commission HIBIT of 4/8; Environmental Stewardship Advisory Whereas, the State Historical Society of Commission of 4/6; Historic Preservation Iowa has Historic Resource Development Pro- Book 140 Regular Session, May 3, 2010 143 gram (HRDP) grant funds available for the Tax Credit, maximum credit of $100,000, for preservation and interpretation of Iowa’s his-their project in Dubuque. toric and cultural resources; and Communication to Mary Gronen from the Whereas, the City of Dubuque has an Iowa Economic Development Board advising adopted Comprehensive Plan with goals and that the Board intends to award Caradco Build- objectives for the preservation and interpreta-ing, LLLP the 12% Grayfield Redevelopment tion of the community’s historic and cultural Tax Credit, maximum credit of $100,000, for resources; and their project in Dubuque. Whereas, the City of Dubuque owns the E. Communication to Chad Walsh from the B. Lyons Interpretive Center at the Mines of Iowa Economic Development Board advising Spain, which includes exhibits for interpreta-that the Board intends to award B & C Cathe- tion of the park’s historic and cultural re-dral Development, LLC the 12% Grayfield Re- sources. development Tax Credit, maximum credit of NOW THEREFORE, BE IT RESOLVED $100,000, for their project in Dubuque. BY THE CITY COUNCIL OF THE CITY OF Communication to Sherry Freebery from DUBUQUE, IOWA: the Iowa Economic Development Board advis- Section 1. That the Mayor is hereby autho-ing that the Board intends to award 40 Main, rized to sign the grant application for HRDP LLC the Brownfield Redevelopment Tax Cre- funds to create the Mines of Spain Interactive dit, maximum credit of $100,000, for their Multi-Media Timeline Exhibit. project in Dubuque. Section 2. That the City of Dubuque agrees Upon motion the documents were received to abide by all local, state, and federal re-and filed. quirements applicable to the proposed project. rd Passed, approved and adopted this 3 day Hempstead Safety Improvements – of May 2010. Crosswalks and Geometrics Phase I Project: Roy D. Buol, Mayor City Manager recommending acceptance of Attest: Jeanne F. Schneider, CMC, City Clerk the Hempstead Safety Improvements – Crosswalks and Geometrics Phase I Project Historic District Public Improvement Pro-as completed by McDermott Excavating in the gram (HDPIP): Historic Preservation Commis-final contract amount of $97,070.52. Upon sion recommending approval of $20,270 in motion the documents were received and filed Historic District Public Improvement Program and Resolution No. 126-10 Accepting the (HDPIP) funds for the Julien Dubuque Monu-Hempstead Safety Improvements – Cross- ment Interpretive Exhibit at the E.B. Lyons walks and Geometrics Project Phase I and Interpretive Center. Upon motion the docu-authorizing payment of the contract amount to ments were received, filed, and approved. the contractor was adopted. RESOLUTION NO. 126-10 Dubuque Community School District – Wa- ACCEPTING THE HEMPSTEAD SAFETY ter Meter Wireless Network Equipment Li- IMPROVEMENTS – CROSSWALKS AND cense Agreement: City Manager recommend- GEOMETRICS PROJECT PHASE 1 AND ing approval of the Water Meter Wireless Net- AUTHORIZING THE PAYMENT OF THE work Equipment License Agreements between CONTRACT AMOUNT TO THE CONTRAC- the City and the Dubuque Community School TOR District for placement of equipment at Table Mound Elementary School and Washington Whereas, the Public Improvement Contract Middle School. Upon motion the documents for the Hempstead Safety Improvements – were received, filed, and approved. Crosswalks and Geometrics Project Phase 1 (the Project) has been completed and the City Iowa Department of Transportation: Com-Engineer has examined the work and filed a munication from the Iowa Department of certificate stating that the Project has been Transportation providing official notification completed according to the terms of the Public that the Iowa Department of Transportation Improvement Contract and that the City Engi- proposes to let three pavement repair projects neer recommends that the Project be ac- (US 20, Iowa 32, US 61) on May 18, 2010. cepted; and Upon motion the documents were received NOW THEREFORE, BE IT RESOLVED and filed. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Iowa Department of Economic Develop-Section 1. The recommendation of the City ment – Notice of Board Action: Communication Engineer is approved and the Project is hereby to Bob Johnson from the Iowa Economic De-accepted. velopment Board advising that the Board in-Section 2. The Finance Director is hereby tends to award Sustainable Neighborhood directed to pay to the Contractor from the Builders, Inc. the Brownfield Redevelopment Hempstead Safety Improvements Capital Im- 144 Regular Session, May 3, 2010 Book 140 provement Project (101-2077) appropriation and John F. Kennedy Road from the city limits for the contract amount of $97,070.52 less any north to Derby Grange Road; and retained percentage provided for therein as Whereas, Dubuque County is willing to provided in Iowa Code Chapter 573, and to perform traffic paint and pavement marking pay such retainage only in accordance with the operations on portions of roadway located in provisions of Iowa Code Chapter 573. the city of Dubuque, specifically: Old Highway rd Passed, approved and adopted this 3 day Road west of Seippel Road to the city limits; of May, 2010. English Mill Road from Crescent Ridge south- Roy D. Buol, Mayor westerly to the city limits; Cottingham Road Attest: Jeanne F. Schneider, CMC, City Clerk from Seippel Road to the city limits; North Cascade Road from Cedar Cross Road CITY ENGINEER’S CERTIFICATE OF FINAL southwesterly to the city limits; Riverside Road COMPLETION OF THE HEMPSTEAD SAFE- from Peru Road westerly to the city limits; TY IMPROVEMENTS – CROSSWALKS AND Lake Eleanor Road from Digital Drive sou- GEOMETRICS PROJECT PHASE 1 theasterly to the city limits; Middle Road from The undersigned City Engineer of the City Seippel Road west to the city limits; Derby of Dubuque, Iowa, hereby certifies that he has Grange Road from John F. Kennedy Road inspected the Hempstead Safety Improve-from the city limits north to Derby Grange ments – Crosswalk and Geometrics Project Road; and Phase 1, that the Project has been performed Whereas, it is necessary that the City of in compliance with the terms of the Public Im-Dubuque and Dubuque County enter into an provement Contract, and that the total cost of agreement regarding the traffic paint and the completed work is $116,989.82. pavement markings on these roadways. th Dated this 27 day of April, 2010. NOW THEREFORE, BE IT RESOLVED Gus Psihoyos, City Engineer BY THE CITY COUNCIL OF THE CITY OF rd Filed in the office of the City Clerk on the 3 DUBUQUE, IOWA: day of May, 2010. Section 1. That the City Council of the City Jeanne F. Schneider, CMC, City Clerk of Dubuque hereby approves and directs the Mayor to sign the attached Traffic Paint and Cooperative Traffic Paint and Pavement Pavement Markings Agreement with Dubuque Markings Agreement: City Manager recom-County for traffic paint and pavement markings mending approval of a new Traffic Paint and on said roadways. rd Pavement Markings Agreement between the Passed, adopted and approved this 3 day City and County of Dubuque. Upon motion the of May, 2010. documents were received and filed and Reso-Roy D. Buol, Mayor lution No. 127-10 Approving Traffic Paint and Attest: Jeanne F. Schneider, CMC, City Clerk Pavement Markings Agreement between the City of Dubuque and Dubuque County was Iowa Department of Transportation adopted. Agreement – Traffic Signal Upgrade: City Manager recommending approval to execute RESOLUTION NO. 127-10 an Iowa Department of Transportation Traffic APPROVING TRAFFIC PAINT AND PAVE- Safety Funding Agreement for a Traffic Signal MENT MARKINGS AGREEMENT BETWEEN Mastarm Retrofit Project on Central Avenue at thth THE CITY OF DUBUQUE AND DUBUQUE 5 and 7 Streets. Upon motion the docu- COUNTY ments were received and filed and Resolution Whereas, jurisdiction over certain road-No. 128-10 Approving the Iowa Department of ways in Dubuque County is divided down the Transportation State Aid Funding Agreement centerline between Dubuque County and the (Agreement No. 2011-TS-029) for the Traffic City of Dubuque; and Signal Mastarm Retrofit Project, Central Ave- thth Whereas, the City of Dubuque, Iowa, and nue at 5 and 7 Streets was adopted. Dubuque County, Iowa, agree that painting of RESOLUTION NO. 128-10 pavement markings divided down roadway APPROVING THE IOWA DEPARTMENT OF centerlines is not cost efficient or practical; and TRANSPORTATION STATE AID FUNDING Whereas, the City of Dubuque is willing to AGREEMENT (AGREEMENT NO. 2011-TS- perform traffic paint and pavement marking 029) FOR THE TRAFFIC SIGNAL MASTARM operations on portions of roadways located in RETROFIT PROJECT, CENTRAL AVENUE Dubuque County, specifically: Old Highway THTH AT 5 AND 7 STREET Road from US 20 westerly to Seippel Road; Cousins Road from the Old Highway Road Whereas, the Iowa Department of Trans- south to US 20; Peru Road from the city limits portation (Iowa DOT) has authorized the use north to Riverside Road; Seippel Road from of Iowa DOT (TSF) funds for the Traffic Signal th Cottingham Road north to Chavenelle Road; Mastarm Retrofit Project, Central Avenue at 5 th and 7 Street; and Book 140 Regular Session, May 3, 2010 145 Whereas, the Traffic Signal Mastarm Re-and HMA paving of a southbound right turn thth trofit Project, Central Avenue at 5 and 7 lane at Pennsylvania Avenue; lengthening and Street will provide for the standardization of PCC paving of a southbound left turn lane at mastarm-mounted signals along the Central Pennsylvania Avenue; lengthening and paving Avenue corridor; and of a northbound left turn lane at Pennsylvania Whereas, the Iowa DOT TSF funds will be Avenue; and eligible to complete said improvements to the Whereas, the federal ICAAP funds will be thth signals on Central Avenue at 5 and 7 eligible to complete said improvements to the Streets within Dubuque County, Iowa. IA 32 Geometric and Signalization Improve- NOW THEREFORE, BE IT RESOLVED ments US 20 to JFK Road Project within Du- BY THE CITY COUNCIL OF THE CITY OF buque County, Iowa. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. That said Iowa DOT Traffic BY THE CITY COUNCIL OF THE CITY OF Safety Funding Agreement (Agreement 2011-DUBUQUE, IOWA: TS-029) between the City of Dubuque and the Section 1. That said Iowa DOT Federal Aid Iowa Department of Transportation be ap-Funding Agreement (Agreement 6-10-ICAAP- proved for a Traffic Signal Mastarm Retrofit 11) between the City of Dubuque and the Iowa thth Project, Central Avenue at 5 and 7 Street. Department of Transportation be approved for Section 2. That the Mayor be authorized the IA 32 Geometric and Signalization Im- and directed to execute two copies of Iowa provements US 20 to JFK Road Project. DOT Traffic Safety Funding Agreement Section 2. That the Mayor be authorized (Agreement No. 2011-TS-029) for the Traffic and directed to execute two copies of Iowa Signal Mastarm Retrofit Project, Central Ave-DOT Federal Aid Funding Agreement (Agree- thth nue at 5 and 7 Street in Dubuque. ment 6-10-ICAAP-11) for the IA 32 Geometric rd Passed, approved and adopted this 3 day and Signalization Improvements US 20 to JFK of May, 2010. Road Project. rd Roy D. Buol, Mayor Passed, approved and adopted this 3 day Attest: Jeanne F. Schneider, CMC, City Clerk of May, 2010. Roy D. Buol, Mayor IA 32 Geometric and Signalization Im-Attest: Jeanne F. Schneider, CMC, City Clerk provements – US 20 to John F. Kennedy Road: City Manager recommending approval IA 32 and Asbury Road Turn Lane Im- to execute an Iowa Department of Transporta-provement Project – Agreement No. 6-10- tion Iowa Clean Air Attainment Program STPU-06: City Manager recommending ap- (ICAAP) Funding Agreement for the IA 32 proval of the Iowa Department of Transporta- Geometric and Signalization Improvements – tion Federal Aid Funding Agreement for a Sur- US 20 to John F. Kennedy Road Project. Upon face Transportation Program (Agreement No. motion the documents were received and filed 6-10-STPU-06) for IA 32 and Asbury Road and Resolution No. 129-10 Approving the Iowa Turn Lane Improvement Project. Upon motion Department of Transportation Federal Aid the documents were received and filed and Funding Agreement (Agreement No. 6-10-Resolution No. 130-10 Approving the Iowa ICAAP-11) for the IA 32 Geometric and Signa-Department of Transportation Federal Aid lization Improvements was adopted. Funding Agreement (Agreement No. 6-10- STPU-06) for the IA 32 and Asbury Road Turn RESOLUTION NO. 129-10 Lane Improvement Project was adopted. APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUND-RESOLUTION NO. 130-10 ING AGREEMENT (AGREEMENT NO. 6-10-APPROVING THE IOWA DEPARTMENT OF ICAAP-11) FOR THE IA 32 GEOMETRIC TRANSPORTATION FEDERAL AID FUND- AND SIGNALIZATION IMPROVEMENTS US ING AGREEMENT (AGREEMENT NO. 6-10- 20 TO JFK ROAD PROJECT STPU-06) FOR THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS Whereas, the Iowa Department of Trans- PROJECT portation (Iowa DOT) has authorized the use of federal Iowa Clean Air Attainment (ICAAP) Whereas, the Iowa Department of Trans- funds for the IA 32 Geometric and Signaliza-portation (Iowa DOT) has authorized the use tion Improvements US 20 to JFK Road Project; of Dubuque Metropolitan Area Transportation and Study (DMATS) Surface Transportation Pro- Whereas, the IA 32 Geometric and Signali-gram (STP) funds for the IA 32 and Asbury zation Improvements US 20 to JFK Road Road Turn Lane Improvements Project; and Project will provide for the following: fiberfrom Whereas, the IA 32 and Asbury Road Turn Plaza Drive to JFK; signal modifications at Lane Improvements Project will provide for the Chavenelle Road, Pennsylvania Avenue, Hol-followingimprovements at IA 32 and Asbury liday Drive, Plaza Drive, JFK Road; grading Road: Southbound right turn lane along with a 146 Regular Session, May 3, 2010 Book 140 dual left turn lane construction including exist-turn lanes at Asbury Road and IA 32 (Asbury ing pavement removal and HMA with PCC Road); milling HMA pavement; traffic signal curb and gutter; northbound PCC dual left turn modifications; HMA paving; temporary pave- lane construction, PCC median, PCC side-ment marking; and drainage improvements. walks; 4” surface course on entire southbound Whereas, the Iowa DOT TSF funds will be corridor from access road north of Asbury to eligible to complete said improvements to the Holliday Drive; and IA 32 at Asbury Road intersection within Du- Whereas, the DMATS STP funds will be el-buque County, Iowa. igible to complete said improvements to the IA NOW THEREFORE, BE IT RESOLVED 32 and Asbury Road Turn Lane Improvements BY THE CITY COUNCIL OF THE CITY OF Project within Dubuque County, Iowa. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. That said Iowa DOT Traffic BY THE CITY COUNCIL OF THE CITY OF Safety Funding Agreement (Agreement 2009- DUBUQUE, IOWA: TS-017) between the City of Dubuque and the Section 1. That said Iowa DOT Federal Aid Iowa Department of Transportation be ap- Funding Agreement (Agreement No. 6-10-proved for a signal and grading project that will STPU-06) between the City of Dubuque and make improvements to the IA 32 at Asbury the Iowa Department of Transportation be ap-Road intersection. proved for a turn lane improvement project that Section 2. That the Mayor be authorized will make improvements to the IA 32 at Asbury and directed to execute two copies of Iowa Road Intersection Project in Dubuque. DOT Traffic Safety Funding Agreement Section 2. That the Mayor be authorized (Agreement No. 2009-TS-017) for the Asbury and directed to execute two copies of Iowa Road at IA 32 Traffic Signal and Grading DOT Federal Aid Funding Agreement (Agree-Project in Dubuque. rd ment No. 6-10-STPU-06) for the IA 32 and Passed, approved and adopted this 3 day Asbury Road Turn Lane Improvements Project of May, 2010. in Dubuque. Roy D. Buol, Mayor rd Passed, approved and adopted this 3 day Attest: Jeanne F. Schneider, CMC, City Clerk of May, 2010. Roy D. Buol, Mayor IA 32 and Asbury Road Turn Lane Im- Attest: Jeanne F. Schneider, CMC, City Clerk provement Project – Agreement No. 6-10- USTEP-12: City Manager recommending ap- Asbury Road and IA 32 Traffic Signal and proval of the Iowa Department of Transporta- Grading Project – Traffic Safety Funding tion Urban-State Traffic Engineering Program Agreement: City Manager recommending ap-(U-STEP) Agreement for the IA 32 and Asbury proval of the Iowa Department of Transporta-Road Turn Lane Improvement Project. Upon tion Traffic Safety Funding Agreement for a motion the documents were received and filed signal and grading project that will make im-and Resolution No. 132-10 Approving the Iowa provements to the IA 32 and Asbury Road Department of Transportation Federal Aid intersection. Upon motion the documents were Funding Agreement (Agreement No. 6-10- received and filed and Resolution No. 131-10 USTEP-12) for the IA 32 and Asbury Road Approving the Iowa Department of Transporta-Turn Lane Improvement Project was adopted. tion State Aid Funding Agreement (Agreement RESOLUTION NO. 132-10 No. 2009-TS-017) for the Asbury Road and IA APPROVING THE IOWA DEPARTMENT OF 32 Traffic Signal and Grading Project was TRANSPORTATION STATE AID FUNDING adopted. AGREEMENT (AGREEMENT NO. 6-10- RESOLUTION NO. 131-10 USTEP-12) FOR THE IA 32 AND ASBURY APPROVING THE IOWA DEPARTMENT OF ROAD TURN LANE IMPROVEMENTS TRANSPORTATION STATE AID FUNDING PROJECT AGREEMENT (AGREEMENT NO. 2009-TS- Whereas, the Iowa Department of Trans- 017) FOR THE ASBURY ROAD AND IA 32 portation (Iowa DOT) has authorized the use TRAFFIC SIGNAL & GRADING PROJECT of Iowa DOT (U-STEP) funds for the IA 32 and Whereas, the Iowa Department of Trans-Asbury Road Turn Lane Improvements portation (Iowa DOT) has authorized the use Project; and of Iowa DOT (TSF) funds for the Asbury Road Whereas, the IA 32 and Asbury Road Turn and IA 32 Traffic Signal and Grading Project; Lane Improvements Project which will provide and for the following improvements at IA 32 and Whereas, the Asbury Road and IA 32 Traf-Asbury Road: Southbound right turn lane fic Signal and Grading Project will provide for along with a dual left turn lane construction the following: grading of the southbound right-including existing pavement removal and HMA turn lane to accommodate shifting of through with PCC curb & gutter; northbound PCC dual lanes for southbound and northbound dual left-left turn lane construction, PCC median, PCC Book 140 Regular Session, May 3, 2010 147 sidewalks; 4” surface course on entire south-proved eligible project activities from Highway bound corridor from access road north of As-Bridge Program funds. The portion of the eligi- bury to Holliday Drive; and ble project costs reimbursed by Highway Whereas, the Iowa DOT U-STEP funds will Bridge Program funds shall be limited to a be eligible to complete said improvements to maximum of 80% of eligible costs or the IA 32 and Asbury Road Turn Lane Im-$1,000,000, whichever is less. provements Project within Dubuque County, NOW THEREFORE, BE IT RESOLVED Iowa. 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 said Iowa DOT Federal Aid DUBUQUE, IOWA: Funding Agreement (Agreement No. 6-10- Section 1. That said Iowa DOT Urban-HBRR-09) between the City of Dubuque and State Traffic Engineering Program Funding the Iowa Department of Transportation be ap- Agreement (Agreement 6-10-USTEP-12) be-proved for the Brunskill Road Bridge Re- tween the City of Dubuque and the Iowa De-placement Project in Dubuque. partment of Transportation be approved for a Section 2. That the Mayor be authorized turn lane improvement project that will make and directed to execute two copies of Iowa improvements to the IA 32 at Asbury Road DOT Federal Aid Funding Agreement (Agree- intersection. ment No. 6-10-HBRR-09) for the Brunskill Section 2. That the Mayor be authorized Road Bridge Replacement Project in Dubuque. rd and directed to execute two copies of Iowa Passed, approved and adopted this 3 day DOT Urban-State Traffic Engineering Program of May, 2010. Funding Agreement (Agreement No. 6-10-Roy D. Buol, Mayor USTEP-12) for the IA 32 and Asbury Road Attest: Jeanne F. Schneider, CMC, City Clerk Turn Lane Improvements Project in Dubuque. rd Passed, approved and adopted this 3 day Bee Branch Creek Restoration Project – of May, 2010. Purchase of 501 / 507 Garfield Avenue: City Roy D. Buol, Mayor Manager recommending approval to establish Attest: Jeanne F. Schneider, CMC, City Clerk the fair market value of 501 / 507 Garfield Avenue at the appraised value of $250,000 Brunskill Road – Iowa Department of and authorize the City Manager to begin nego- Transportation Funding Agreement: City Man-tiations to acquire the property for the Bee ager recommending approval of the Iowa De-Branch Creek Restoration Project. Upon mo- partment of Transportation Federal Aid Fund-tion the documents were received and filed ing Agreement for the Brunskill Road Bridge and Resolution No. 134-10 Establishing the Replacement Project. Upon motion the docu-Fair Market Value of certain real property ments were received and filed and Resolution owned by IBC Sales Corporation in the City of No. 133-10 Approving the Iowa Department of Dubuque, Iowa, was adopted. Transportation Federal Aid Funding Agree- RESOLUTION NO. 134-10 ment (Agreement No. 6-10-HBRR-09) for the ESTABLISHING THE FAIR MARKET VALUE Brunskill Road Bridge Replacement Project OF CERTAIN REAL PROPERTY OWNED BY was adopted. IBC SALES CORPORATION IN THE CITY RESOLUTION NO. 133-10 OF DUBUQUE, IOWA APPROVING THE IOWA DEPARTMENT OF Whereas, the City of Dubuque (City) in- TRANSPORTATION FEDERAL AID FUND- tends to acquire certain real property owned ING AGREEMENT (AGREEMENT NO. 6-10- by IBC Sales Corporation (Owner), legally HBRR-09) FOR THE BRUNSKILL ROAD described as follows (the Property): Lot 1 of BRIDGE REPLACEMENT PROJECT “A-1 Industrial Block”, in the City of Dubuque, Whereas, the Iowa Department of Trans-Dubuque County, Iowa, as shown on Exhibit A portation (Iowa DOT) has authorized the use attached hereto for the purpose of the storm- of Federal Highway Bridge Program funds for water conveyance associated with the restora- the Brunskill Road Bridge Replacement tion of the Bee Branch Creek; and Project (BROS-2100 (31)--8J-31) in Dubuque; Whereas, Iowa law requires that City must and make a good faith effort to negotiate with the Whereas, the federal aid Highway Bridge Owner to purchase the Property before pro- Program funds will be eligible as per the terms ceeding with condemnation; and of said funding agreement to complete said Whereas, City has caused an appraisal of bridge improvements for the Brunskill Road the property to be made and the appraised Bridge Replacement Project within Dubuque value of the property is $250,000.00; and County, Iowa; and Whereas, the City Council now desires to Whereas, the City shall receive reim-establish the fair market value of the property. bursement for costs of authorized and ap- 148 Regular Session, May 3, 2010 Book 140 NOW, THEREFORE, BE IT RESOLVED 2. The City Manager is hereby autho- BY THE CITY COUNCIL OF THE CITY OF rized to commence negotiations with DUBUQUE, IOWA: the Owner of the Property and any 1. The fair market value of the Property other interested parties for the pur- is hereby established to be chase of the Property for a purchase $250,000.00. price which is not less than the fair 2. The City Manager is hereby autho-market value established by this reso- rized to commence negotiations with lution. rd the Owner of the Property and any Passed, approved and adopted this 3 day other interested parties for the pur-of May, 2010. chase of the Property for a purchase Roy D. Buol, Mayor price which is not less than the fair Attest: Jeanne F. Schneider, CMC, City Clerk market value established by this reso- lution. Bee Branch Creek Restoration Project – rd Passed, approved and adopted this 3 day Purchase of 2275 Elm Street: City Manager of May, 2010. recommending approval to establish the fair Roy D. Buol, Mayor market value of 2275 Elm Street at the ap- Attest: Jeanne F. Schneider, CMC, City Clerk praised value of $60,000 and authorize the City Manager to begin negotiations to acquire Bee Branch Creek Restoration Project – the property for the Bee Branch Creek Resto- Purchase of 2263 Elm Street: City Manager ration Project. Upon motion the documents recommending approval to establish the fair were received and filed and Resolution No. market value of 2263 Elm Street at the ap-136-10 Establishing the Fair Market Value of praised value of $47,000 and authorize the certain real property owned by Robert D. and City Manager to begin negotiations to acquire Livija Klauer in the City of Dubuque, Iowa, was the property for the Bee Branch Creek Resto-adopted. ration Project. Upon motion the documents RESOLUTION NO. 136-10 were received and filed and Resolution No. ESTABLISHING THE FAIR MARKET VALUE 135-10 Establishing the Fair Market Value of OF CERTAIN REAL PROPERTY OWNED BY certain real property owned by Robert D. and ROBERT D. & LIVIJA KLAUER IN THE CITY Livija Klauer in the City of Dubuque, Iowa, was OF DUBUQUE, IOWA adopted. Whereas, the City of Dubuque (City) in- RESOLUTION NO. 135-10 tends to acquire certain real property owned ESTABLISHING THE FAIR MARKET VALUE by Todd H. Schmitz (Owner), legally described OF CERTAIN REAL PROPERTY OWNED BY as follows (the Property): Lot 2 N 50’-1-1-103 L ROBERT D. & LIVIJA KLAUER IN THE CITY H Langworthy’s Add & Lot 2 Warren & Robin OF DUBUQUE, IOWA Amling’s Sub, in the City of Dubuque, Dubu- Whereas, the City of Dubuque (City) in-que County, Iowa, as shown on Exhibit A at- tends to acquire certain real property owned tached hereto for the purpose of the stormwa- by Robert D. & Livija Klauer (Owner), legally ter conveyance associated with the restoration described as follows (the Property): of the Bee Branch Creek; and Lot 1-1-1-3-103 L H Langworthy’s Add, in Whereas, Iowa law requires that City must the City of Dubuque, Dubuque County, Iowa make a good faith effort to negotiate with the as shown on Exhibit A attached hereto for Owner to purchase the Property before pro- the purpose of the stormwater conveyance ceeding with condemnation; and associated with the restoration of the Bee Whereas, City has caused an appraisal of Branch Creek; and the property to be made and the appraised Whereas, Iowa law requires that City must value of the property is $60,000.00; and make a good faith effort to negotiate with the Whereas, the City Council now desires to Owner to purchase the Property before pro-establish the fair market value of the property. ceeding with condemnation; and NOW, THEREFORE, BE IT RESOLVED Whereas, City has caused an appraisal of BY THE CITY COUNCIL OF THE CITY OF the property to be made and the appraised DUBUQUE, IOWA: value of the property is $47,000.00; and 1. The fair market value of the Property Whereas, the City Council now desires to is hereby established to be establish the fair market value of the property. $60,000.00. NOW, THEREFORE, BE IT RESOLVED 2. The City Manager is hereby autho- BY THE CITY COUNCIL OF THE CITY OF rized to commence negotiations with DUBUQUE, IOWA: the Owner of the Property and any 1. The fair market value of the Property other interested parties for the pur- is hereby established to be chase of the Property for a purchase $47,000.00. price which is not less than the fair Book 140 Regular Session, May 3, 2010 149 market value established by this reso-Bee Branch Creek Restoration Project – lution. Purchase of 2349 Elm Street: City Manager Passed, approved and adopted this 3rd recommending approval to establish the fair day of May, 2010. market value of 2349 Elm Street at the ap- Roy D. Buol, Mayor praised value of $57,500 and authorize the Attest: Jeanne F. Schneider, CMC, City Clerk City Manager to begin negotiations to acquire the property for the Bee Branch Creek Resto- Bee Branch Creek Restoration Project – ration Project. Upon motion the documents Purchase of 2350 Elm Street: City Manager were received and filed and Resolution No. recommending approval to establish the fair 138-10 Establishing the Fair Market Value of market value of 2350 Elm Street at the ap-certain real property owned by Jerry A. Spie- praised value of $27,500 and authorize the gelhalter in the City of Dubuque, Iowa, was City Manager to begin negotiations to acquire adopted. the property for the Bee Branch Creek Resto- RESOLUTION NO. 138-10 ration Project. Upon motion the documents ESTABLISHING THE FAIR MARKET VALUE were received and filed and Resolution No. OF CERTAIN REAL PROPERTY OWNED BY 137-10 Establishing the Fair Market Value of JERRY A. SPIEGELHALTER IN THE CITY certain real property owned by Jerry A. Spie- OF DUBUQUE, IOWA gelhalter in the City of Dubuque, Iowa, was adopted. Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned RESOLUTION NO. 137-10 by Jerry A. Spiegelhalter (Owner), legally de- ESTABLISHING THE FAIR MARKET VALUE scribed as follows (the Property): Lot 2-1-2-1- OF CERTAIN REAL PROPERTY OWNED BY 106 L H Langworthy’s Add, in the City of Du- JERRY A. SPIEGELHALTER IN THE CITY buque, Dubuque County, Iowa, as shown on OF DUBUQUE, IOWA Exhibit A attached hereto for the purpose of Whereas, the City of Dubuque (City) in-the stormwater conveyance associated with tends to acquire certain real property owned the restoration of the Bee Branch Creek; and by Jerry A. Spiegelhalter(Owner), legally de-Whereas, Iowa law requires that City must scribed as follows (the Property): Lot 1-2-106 L make a good faith effort to negotiate with the H Langworthy’s Add, in the City of Dubuque, Owner to purchase the Property before pro- Dubuque County, Iowa, as shown on Exhibit A ceeding with condemnation; and attached hereto for the purpose of the storm-Whereas, City has caused an appraisal of water conveyance associated with the restora-the property to be made and the appraised tion of the Bee Branch Creek; and value of the property is $57,500.00; and Whereas, Iowa law requires that City must Whereas, the City Council now desires to make a good faith effort to negotiate with the establish the fair market value of the property. Owner to purchase the Property before pro-NOW, THEREFORE, BE IT RESOLVED ceeding with condemnation; and BY THE CITY COUNCIL OF THE CITY OF Whereas, City has caused an appraisal of DUBUQUE, IOWA: the property to be made and the appraised 1. The fair market value of the Property value of the property is $27,500.00; and is hereby established to be Whereas, the City Council now desires to $57,500.00. establish the fair market value of the property. 2. The City Manager is hereby autho- NOW, THEREFORE, BE IT RESOLVED rized to commence negotiations with BY THE CITY COUNCIL OF THE CITY OF the Owner of the Property and any DUBUQUE, IOWA: other interested parties for the pur- 1. The fair market value of the Property chase of the Property for a purchase is hereby established to be price which is not less than the fair $27,500.00. market value established by this reso- 2. The City Manager is hereby autho-lution. rd rized to commence negotiations with Passed, approved and adopted this 3 day the Owner of the Property and any of May, 2010. other interested parties for the pur-Roy D. Buol, Mayor chase of the Property for a purchase Attest: Jeanne F. Schneider, CMC, City Clerk price which is not less than the fair market value established by this reso-Bee Branch Creek Restoration Project – lution. Purchase of 500 Rhomberg Avenue: City rd Passed, approved and adopted this 3 day Manager recommending approval to establish of May, 2010. the fair market value of 500 Rhomberg Avenue Roy D. Buol, Mayor at the appraised value of $100,000 and author- Attest: Jeanne F. Schneider, CMC, City Clerk ize the City Manager to begin negotiations to acquire the property for the Bee Branch Creek 150 Regular Session, May 3, 2010 Book 140 RESOLUTION NO. 140-10 Restoration Project. Upon motion the docu- ESTABLISHING THE FAIR MARKET VALUE ments were received and filed and Resolution OF CERTAIN REAL PROPERTY OWNED BY No. 139-10 Establishing the Fair Market Value STEVEN SMITH & GARY L. CARNER IN of certain real property owned by PJ’s Tap, THE CITY OF DUBUQUE, IOWA LLC in the City of Dubuque, Iowa, was adopted. Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned RESOLUTION NO. 139-10 by Steven Smith & Gary L. Carner (Owner), ESTABLISHING THE FAIR MARKET VALUE legally described as follows (the Property): Lot OF CERTAIN REAL PROPERTY OWNED BY 1-11 & Lot 2-12 Smedleys Sub, in the City of PJ'S TAP, LLC IN THE CITY OF DUBUQUE, Dubuque, Dubuque County, Iowa, as shown IOWA on Exhibit A attached hereto for the purpose of Whereas, the City of Dubuque (City) in-the stormwater conveyance associated with tends to acquire certain real property owned the restoration of the Bee Branch Creek; and by P J's Tap, LLC (Owner), legally described Whereas, Iowa law requires that City must as follows (the Property): W 21.2’ Lot 20 make a good faith effort to negotiate with the Smedleys Sub, in the City of Dubuque, Dubu-Owner to purchase the Property before pro- que County, Iowa, as shown on Exhibit A at-ceeding with condemnation; and tached hereto for the purpose of the stormwa-Whereas, City has caused an appraisal of ter conveyance associated with the restoration the property to be made and the appraised of the Bee Branch Creek; and value of the property is $90,000.00; and Whereas, Iowa law requires that City must Whereas, the City Council now desires to make a good faith effort to negotiate with the establish the fair market value of the property. Owner to purchase the Property before pro-NOW, THEREFORE, BE IT RESOLVED ceeding with condemnation; and BY THE CITY COUNCIL OF THE CITY OF Whereas, City has caused an appraisal of DUBUQUE, IOWA: the property to be made and the appraised 1. The fair market value of the Property value of the property is $100,000.00; and is hereby established to be Whereas, the City Council now desires to $90,000.00. establish the fair market value of the property. 2. The City Manager is hereby autho- NOW, THEREFORE, BE IT RESOLVED rized to commence negotiations with BY THE CITY COUNCIL OF THE CITY OF the Owner of the Property and any DUBUQUE, IOWA: other interested parties for the pur- 1. The fair market value of the Property chase of the Property for a purchase is hereby established to be price which is not less than the fair $100,000.00. market value established by this reso- 2. The City Manager is hereby autho-lution. rd rized to commence negotiations with Passed, approved and adopted this 3 day the Owner of the Property and any of May, 2010. other interested parties for the pur-Roy D. Buol, Mayor chase of the Property for a purchase Attest: Jeanne F. Schneider, CMC, City Clerk price which is not less than the fair market value established by this reso-Bee Branch Creek Restoration Project – lution. Purchase of 2356 Washington Street: City rd Passed, approved and adopted this 3 day Manager recommending approval to establish of May, 2010. the fair market value of 2356 Washington Roy D. Buol, Mayor Street at the appraised value of $86,500 and Attest: Jeanne F. Schneider, CMC, City Clerk authorize the City Manager to begin negotia- tions to acquire the property for the Bee Bee Branch Creek Restoration Project – Branch Creek Restoration Project. Upon mo- Purchase of 501 Rhomberg Avenue: City tion the documents were received and filed Manager recommending approval to establish and Resolution No. 141-10 Establishing the the fair market value of 501 Rhomberg Avenue Fair Market Value of certain real property at the appraised value of $90,000 and author-owned by Steven and Sue A. Boelk in the City ize the City Manager to begin negotiations to of Dubuque, Iowa, was adopted. acquire the property for the Bee Branch Creek RESOLUTION NO. 141-10 Restoration Project. Upon motion the docu- ESTABLISHING THE FAIR MARKET VALUE ments were received and filed and Resolution OF CERTAIN REAL PROPERTY OWNED BY No. 140-10 Establishing the Fair Market Value STEVEN R. & SUE A BOELK IN THE CITY of certain real property owned by Steven Smith OF DUBUQUE, IOWA and Gary L. Carner in the City of Dubuque, Iowa, was adopted. Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned Book 140 Regular Session, May 3, 2010 151 by Steven R. & Sue A Boelk (Owner), legally ceived and filed and Resolution No. 142-10 described as follows (the Property): Lot 2-2-1-Authorizing contract with U.S. Department of 106 L H Langworthy’s Add, in the City of Du-Commerce Economic Development Adminis- th buque, Dubuque County, Iowa, as shown on tration – EDA for the 10 and Central Parking Exhibit A attached hereto for the purpose of Ramp Project was adopted. the stormwater conveyance associated with RESOLUTION NO. 142-10 the restoration of the Bee Branch Creek; and AUTHORIZING CONTRACT WITH U.S. DE- Whereas, Iowa law requires that City must PARTMENT OF COMMERCE ECONOMIC make a good faith effort to negotiate with the DEVELOPMENT ADMINISTRATION – EDA Owner to purchase the Property before pro- TH FOR THE 10 & CENTRAL PARKING ceeding with condemnation; and RAMP PROJECT Whereas, City has caused an appraisal of the property to be made and the appraised Whereas, the City Council has previously value of the property is $86,500.00; and approved the site and design firm for the con- Whereas, the City Council now desires to struction of a 477 space parking ramp to ac- establish the fair market value of the property. commodate job growth in the downtown area; NOW, THEREFORE, BE IT RESOLVED and BY THE CITY COUNCIL OF THE CITY OF Whereas, the downtown parking ramp DUBUQUE, IOWA: project is consistent with the City’s goals to 1. The fair market value of the Property increase the number of good paying jobs and is hereby established to be further diversify our economic base; and $86,500.00. Whereas, the City has received an EDA 2. The City Manager is hereby autho-grant in the amount of $1,500,000 from the rized to commence negotiations with Economic Development Administration to as- the Owner of the Property and any sist in funding a downtown parking ramp. other interested parties for the pur-NOW THEREFORE, BE IT RESOLVED chase of the Property for a purchase BY THE CITY COUNCIL OF THE CITY OF price which is not less than the fair DUBUQUE, IOWA: market value established by this reso-Section 1. The attached Financial As- lution. sistance Award is hereby approved. Passed, approved and adopted this 3rd Section 2. The Mayor is hereby al- day of May, 2010. lowed to sign the award on behalf of the City. rd Roy D. Buol, Mayor Passed, approved and adopted this 3 day of Attest: Jeanne F. Schneider, CMC, City Clerk May, 2010. Roy D. Buol, Mayor Montrose Terrace Stairs Reconstruction Attest: Jeanne F. Schneider, CMC, City Clerk Project: City Manager recommending award of the contract for the Montrose Terrace Stairs Housing Enterprise Zone Program Agree- Reconstruction Project to Max Smith Construc-ment – Helicon Management, LLC: City Man- tion in the amount of $43,871.00. Upon motion ager recommending approval of a Housing the documents were received, filed, and ap-Enterprise Zone Program Agreement by and proved. among the Iowa Department of Economic De- velopment, the City of Dubuque and Helicon FEMA Flood Plain Mapping – Consultant Management, LLC. Upon motion the docu- Selection: City Manager recommending ap-ments were received and filed and Resolution proval of the selection of Camp Dresser & No. 143-10 Approving a Housing Enterprise McKee as the consultant to perform the ne-Zone Program Agreement by and among the cessary engineering analysis, prepare the ne-Iowa Department of Economic Development, cessary documentation, and submit an appli-the City of Dubuque and Helicon Management, cation for a Letter of Map Revision (LOMR) to LLC, was adopted. FEMA to revise flood hazard zones identified RESOLUTION NO. 143-10 in the Digital Federal Insurance Rate Map APPROVING A HOUSING ENTERPRISE (DFIRM) proposed by FEMA for the City of ZONE PROGRAM AGREEMENT BY AND Dubuque. Upon motion the documents were AMONG THE IOWA DEPARTMENT OF received, filed, and approved. ECONOMIC DEVELOPMENT, THE CITY OF th DUBUQUE AND HELICON MANAGEMENT, 10 and Central Parking Ramp – Econom- LLC ic Development Administration Contract: City Manager recommending approval for the Whereas, the City of Dubuque has estab- Mayor to execute a contract with the Economic lished two Enterprise Zones and an Enterprise Development Administration (EDA) for a Zone Commission; and $1,500,000 grant to fund a downtown parking Whereas, the Enterprise Zone Commission ramp. Upon motion the documents were re-on February 24, 2010 approved the application 152 Regular Session, May 3, 2010 Book 140 of Helicon Management, LLC. for Housing cal Year 2011 operating budget for the Five Enterprise Zone benefits; and Flags Center as submitted by SMG. Upon mo- Whereas, Helicon Management, LLC’s ap-tion the documents were received, filed, and plication was approved by the Iowa Depart-approved. ment of Economic Development on April 5, 2010; and Port of Dubuque Usage Policies: City Whereas, the Iowa Department of Eco-Manager recommending approval of revisions nomic Development has prepared and submit-to the Port of Dubuque usage policies effective ted for City Council approval an agreement May 3, 2010 to only allow private rentals at the relating to Housing Enterprise Zone benefits Alliant Energy Amphitheater that desire beer, for Helicon Management, LLC, a copy of which wine or liquor to do so with a licensed is attached hereto and by this reference made beer/liquor permit holder with catering privileg- a part hereof; and es. Upon motion the documents were re- Whereas, the City Council finds that the ceived, filed, and approved. proposed agreement is acceptable and neces- : M2M sary to the growth and development of the city. M2M MagazineCopy of article from Magazine NOW THEREFORE, BE IT RESOLVED featuring Mayor Roy D. Buol. Upon BY THE CITY COUNCIL OF THE CITY OF motion the document was received and filed. DUBUQUE, IOWA: Section 1. That the Iowa Department of Investment Policy Revision: City Manager Economic Development Housing Enterprise recommending approval of updates to the Zone Program Agreement, Number 10-HEZ-City’s Investment Policy. Upon motion the 040, is hereby approved. documents were received and filed and Reso- Section 2. That the Mayor is hereby autho-lution No. 144-10 Adopting the City of Dubu- rized and directed to execute the Agreement que Investment Policy was adopted. on behalf of the City of Dubuque and forward RESOLUTION NO. 144-10 the executed copy to the Iowa Department of ADOPTING THE CITY OF DUBUQUE IN- Economic Development for their approval. rd VESTMENT POLICY Passed, approved and adopted this 3 day of May, 2010. Whereas, changes to the code of Iowa Roy D. Buol, Mayor have consolidated public funds investment Attest: Jeanne F. Schneider, CMC, City Clerk code; and references to code in the City In- vestment Policy require revision; and Iowa Community Cultural Grant Applica-Whereas the City Treasurer/Finance Direc- tion: City Manager recommending approval of tor and Assistant Finance Director have re- an application to the Iowa Department of Cul-viewed the proposed changes with the City tural Affairs for an Iowa Community Cultural Investment Oversight Advisory Commission Grant to fund the part-time Arts and Cultural and the Commission has recommended adop- Affairs Coordinator position. Upon motion the tion of the revised policy. documents were received, filed, and approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Mobile Data Terminals – Request for Pro-DUBUQUE, IOWA: posals: City Manager recommending approval Section 1. The City of Dubuque Investment to issue a Request for Proposals for procure-Policy, attached hereto, is hereby adopted and ment of Mobile Data Terminals in KeyLine all previous resolutions inconsistent therewith mini-buses which will offer real-time dispatch-are hereby rescinded. ing capabilities for the mini-bus operation. Section 2. City staff and the Investment Upon motion the documents were received, Oversight Advisory Commission are directed filed, and approved. to act in accordance with the policies set forth in the City of Dubuque Investment Policy and Consulting and Actuarial Services Agree-to bring forward proposed changes to the In- ment – Gallagher Benefit Services: City Man-vestment Policy as deemed necessary. ager recommending approval of an amend-Passed, approved and adopted this 3rd ment to the Administrative Services Agree-day of May, 2010. ment with Gallagher Benefit Services for bene-Roy D. Buol, Mayor fit consulting and actuarial services effective Attest: Jeanne Schneider, CMC, City Clerk July 1, 2010 through June 30, 2012. Upon motion the documents were received, filed, Quarterly Investment Report: City Manager and approved. transmitting the March 31, 2010 Quarterly In- vestment Report. Upon motion the documents Fiscal Year 2011 Detailed Operating were received and filed. Budget for the Five Flags Center: City Manag- er recommending approval of the detailed Fis- Book 140 Regular Session, May 3, 2010 153 Business License Refund: Request of Mark Kwik Trip, Inc., Tobacco Outlet Plus #504 Molo, Molo Oil Company, for a refund of Beer +(Sunday Sale), 806 Wacker Drive Permit License #BC0027561 for Puff N Snuff Walgreen Co., Walgreens #6154 +(Sunday at 1101 Rhomberg Avenue. Upon motion the Sale), 2260 JFK Road documents were received, filed, and the refund Walgreen Co., Walgreen #9708 +(Sunday approved. Sale), 55 JFK Road Casey’s Marketing Co., Casey’s General Liquor License Applications: City Manager Store #2420 recommending approval of annual liquor li-+(Sunday Sale), 2699 Rockdale Road cense renewals as submitted. Upon motion the Casey’s Marketing Co., Casey’s General documents were received and filed and Reso-Store #2421 lution No. 145-10 Granting the issuance of a +(Sunday Sale), 4003 Peru Road Class “B” Beer Permit (5-Day Special Event) to Rainbo Oil Company, Keywest Conoco Diamond Jo Casino and Music N More; and a +(Sunday Sale), 2150 Twin Valley Drive Class “C” Beer Permit to Ron’s Five Point Mart, Ron’s Discount Smokes, Tobacco Outlet, Passed, approved and adopted this 3rd Walgreens #6154, Walgreens #9708, Casey’s day of May, 2010. General Store #2420, Casey’s General Store Roy D. Buol, Mayor #2421, and Keywest Conoco; and Resolution Attest: Jeanne F. Schneider, CMC, City Clerk No. 146-10 Granting the issuance of a Class RESOLUTION NO. 146-10 “A” (Club) Beer/Liquor License to Dubuque Golf and Country Club; a Class “B” (Ho-Whereas, applications for Liquor Licenses tel/Motel) Beer/Liquor License to Days Inn and have been submitted to this Council for ap- Spirits Bar; a Class “C” Beer/Liquor License to proval and the same have been examined and Hammer Time Bar, Shenanigan’s Pub, The approved; and Lift, Tott’s Tap, Catfish Charlie’s, and Buffalo Whereas, the premises to be occupied by Wild Wings; Class “C” Beer/Liquor License (5-such applicants were inspected and found to Day Special Event) to Dubuque County Fine comply with the State Laws and all City Ordin- Arts Society; a Class “B” Wine Permit to Wal-ances relevant thereto and they have filed greens #6154 and Walgreens #9708; a Class proper bonds. “WBN” Native Wine Permit to Casey’s General NOW, THEREFORE, BE IT RESOLVED Store #2421, Casey’s General Store #2420 BY THE CITY COUNCIL OF THE CITY OF and Keywest Conoco; and a Class “WCN” DUBUQUE, IOWA: Native Wine Permit to Stone Cliff Winery were That the Manager be authorized to cause adopted.. to be issued the following named applicants a Liquor License. RESOLUTION NO. 145-10 CLASS “A” (CLUB) BEER/LIQUOR LICENSE Whereas, applications for Beer Permits Dubuque Golf & Country Club, Dubuque have been submitted and filed to this Council Golf &Country Club+(Sunday/Outdoors Sale), for approval and the same have been ex-1800 Randall Place amined and approved: and CLASS “B” (HOTEL/MOTEL) Whereas, the premises to be occupied by BEER/LIQUOR LICENSE such applicants were inspected and found to RonSan Enterprises, Days Inn& Spirits Bar comply with the Ordinances of the City and +(Sunday/Outdoor Sale), 1111 Dodge Street have filed proper bonds. CLASS “C” BEER/LIQUOR LICENSE NOW, THEREFORE, BE IT RESOLVED Russell Northouse, Hammer Time Bar BY THE CITY COUNCIL OF THE CITY OF (adding Outdoor Sale), 123 Main Street DUBUQUE, IOWA: Shenanigans Pub, LLC, Shenanigan’s Pub That the Manager be authorized to cause +(Sunday Sale), 3203 Jackson Street to be issued the following named applicants a Rick Worcester, The Lift +(Sunday Sale), Beer Permit. 180 Main Street CLASS “B” BEER PERMIT (5 –DAY SPECIAL Tott’s Tap, Inc., Tott’s Tap +(Sunday Sale), EVENT) 3457 Jackson Street Diamond Jo, LLC, Diamond Jo Casino Catfish Charley’s, LLC, Catfish Charlie’s (Parking Lot), 301 Bell Street +(Sunday/Outdoor Sale), 1630 E. 16th Street Music N More Promotions, Music N More, Blazin Wings, Inc., Buffalo Wild Wings Grill Town Clock Plaza +(Sunday/Outdoor Sale), 2805 NW Arterial CLASS “C” BEER PERMIT CLASS “C” BEER/LIQUOR LICENSE R Future, Inc., Ron’s Five Point Mart (5-Day Special Event) +(Sunday Sale), 405 Rhomberg Ave. Dubuque County Fine Arts, Dubuque RKM, LLC, Ron’s Discount Smokes County Fine Arts (Sunday Sale), Town Clock /Beverage +(Sunday Sale), 1450 Loras Blvd. Plaza 154 Regular Session, May 3, 2010 Book 140 CLASS “B” WINE struction of Buildings for the Bee Branch Creek Walgreen Co., Walgreen # 6154, 2260 JFK Restoration Project, in the estimated amount Road of $683,733.00, are hereby preliminarily ap- Walgreen Co., Walgreen # 9708, 55 JFK proved and ordered filed in the office of the Road City Clerk for public inspection. th CLASS “WBN” NATIVE WINE A public hearing will be held on the 17 Casey’s General Store, Casey’s General day of May, 2010, at 6:30 p.m. in the Historic Store # 2421, 4003 Peru Road Federal Building Council Chambers at which Casey’s General Store, Casey’s General time interested persons may appear and be Store # 2420, 2699 Rockdale Road heard for or against the proposed plans and Rainbo Oil Co., Keywest Conoco, 2150 specifications, form of contract and estimated Twin Valley Road cost of said Project, and the City Clerk be and CLASS “WCN” NATIVE WINE is hereby directed to cause the attached notice Stone Cliff Winery, Inc., Stone Cliff Winery of the time and place of such hearing to be +(Sunday/Outdoor Sale), 600 Star Brewery published in a newspaper having general cir- Drive culation in the City of Dubuque, Iowa, which rd Passed, approved and adopted this 3 day notice shall be published not less than four of May, 2010 days nor more than twenty days prior to the Roy D. Buol, Mayor date of such hearing. At the hearing, any inter- Attest: Jeanne F. Schneider, CMC, City Clerk ested person may appear and file objections to the proposed plans, specifications, form of ITEM TO BE SET FOR PUBLIC HEARING contract, or estimated cost of the Project. The Deconstruction of Buildings for the Motion by Lynch to receive and file the Bee Branch Creek Restoration Project is here- documents, adopt the resolution, set the public by ordered to be advertised for bids. hearing as indicated, and direct the City Clerk The amount of the security to accompany to publish notice as prescribed by law. each bid shall be in an amount which shall Seconded by Connors. Motion carried 7-0. conform to the provisions of the Notice to Bid- ders hereby approved. Bee Branch Creek Building Deconstruction The City Clerk is hereby directed to adver- Project: City Manager recommending initiation tise for bids for the deconstruction herein pro- of the public bidding process for the Bee vided, by publishing the attached Notice to Branch Creek Building Deconstruction Project Bidders to be published in a newspaper having and that a public hearing be set for May 17, general circulation in the City of Dubuque, 2010 to consider approval of the plans and Iowa, which notice shall be published not less specifications, form of contract and estimated than four but not more than forty-five days cost. Upon motion the documents were re-before the date for filing bids before 2:00 p.m. th ceived and filed and Resolution No. 147-10 on the 20 day of May, 2010. Bids shall be Preliminary approval of plans, specifications, opened and read by the City Clerk at said time form of contract, and estimated cost, setting and will be submitted to the City Council for date of public hearing and ordering bids for the final action, at 6:30 p.m., in the Historic Feder- Bee Branch Creek Building Deconstruction al Building Council Chambers (second floor), th Project was adopted setting a public hearing 350 West 6 Street, Dubuque, Iowa, on June for a meeting to commence at 6:30 p.m. on 7, 2010. rd May 17, 2010 in the Historic Federal Building. Passed, adopted and approved this 3 day Seconded by Connors. Motion carried 7-0. of May, 2010. Roy D. Buol, Mayor RESOLUTION NO. 147-10 Attest: Jeanne F. Schneider, CMC, City Clerk BUILDING DECONSTRUCTION FOR THE BEE BRANCH CREEK BOARDS/COMMISSIONS RESTORATION PROJECT PRELIMINARY APPROVAL OF PLANS, Appointments to the following SPECIFICATIONS, FORM OF CONTRACT, Boards/Commissions: Housing Commission: AND ESTIMATED COST; SETTING DATE One 3-year term through August 17, 2012 OF PUBLIC HEARING ON PLANS, SPECI- (Term of Plein). Applicant: Lisa McAllister, FICATIONS, FORM OF CONTRACT, AND 1701 ½ Central Avenue. Motion by Connors to ESTIMATED COST; AND ORDERING THE appoint Lisa McAllister to the Housing Com- ADVERTISEMENT FOR BIDS mission for a 3-year term through August 17, NOW THEREFORE, BE IT RE-2012. Seconded by Lynch. Motion carried 7-0. SOLVED BY THE CITY COUNCIL OF THE Mechanical Board: One 3-year term CITY OF DUBUQUE, IOWA: through March 16, 2013 (Term of Bandy). Ap- The proposed plans, specifications, form of plicant: Ronald Billmeyer, 1745 Geraldine contract and estimated cost for the Decon-Drive. Motion by Jones to appoint Ronald Bill- Book 140 Regular Session, May 3, 2010 155 meyer to the Mechanical Board for a 3-year Whereas, the City Council believes it is in term through March 16, 2013. Seconded by the best interest of the City of Dubuque to ap- Voetberg. Motion carried 7-0. prove the Lease Agreement. NOW THEREFORE, BE IT RESOLVED PUBLIC HEARINGS BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Upon motion the rules were suspended al-Section 1. The Lease Agreement between lowing anyone present to address the City the City and Dubuque Terminals, Inc. is here- Council. by approved and the City Manager is autho- rized to execute said Lease Agreement on Dubuque Terminals, Inc. (Newt) Leases: behalf of the City of Dubuque rd Proof of publication on notice of public hearing Passed, approved and adopted this 3 day to consider proposed leases with Dubuque of May, 2010. Terminals, Inc., for the Ice Harbor and Dove Roy D. Buol, Mayor Harbor areas and City Manager recommend-Attest: Jeanne F. Schneider, CMC, City Clerk ing approval. Motion by Connors to receive RESOLUTION NO. 149-10 and file the documents and adopt Resolution APPROVING THE DISPOSAL OF AN IN- No. 148-10 Disposing of an interest in real TEREST IN REAL PROPERTY OWNED BY property owned by the City of Dubuque by THE CITY OF DUBUQUE BY LEASE BE- lease between the City of Dubuque, Iowa and TWEEN THE CITY OF DUBUQUE, IOWA Dubuque Terminals, Inc., an Iowa Corporation AND DUBUQUE TERMINALS, INC., AN (the Dove Harbor Lease); and Resolution No. IOWA CORPORATION (THE ICE HARBOR 149-10 Disposing of an interest in real property LEASE) owned by the City of Dubuque by lease be- tween the City of Dubuque, Iowa and Dubuque Whereas, the City of Dubuque, Iowa (City) Terminals, Inc., an Iowa Corporation (the Ice is the owner of the real property shown on Harbor Lease). Seconded by Voetberg. Motion Exhibit A attached hereto; and carried 7-0. Whereas, Dubuque Terminals, Inc. desires to lease a part of the property as shown on RESOLUTION NO. 148-10 Exhibit A for industrial uses and other river APPROVING THE DISPOSAL OF AN IN- related business activities upon the terms set TEREST IN REAL PROPERTY OWNED BY forth in a Lease Agreement which is on file at th THE CITY OF DUBUQUE BY LEASE BE- the office of the City Clerk, City Hall, 13 and TWEEN THE CITY OF DUBUQUE, IOWA Central Avenue, Dubuque, Iowa; and AND DUBUQUE TERMINALS, INC., AN Whereas, City and Dubuque Terminals, IOWA CORPORATION (THE DOVE HAR- Inc. have agreed to the Lease Agreement, BOR LEASE) which among other things, provides for a term Whereas, the City of Dubuque, Iowa (City) through June 30, 2014 with a potential one (1) is the owner of the real property legally de-year extension (The Ice Harbor); and scribed as follows: A part of Government Lot 3 Whereas, on May 3, 2010, the City Council and unplatted slough in Section 19, Township pursuant to notice published as required by law, 89 North, Range 3 East of the 5th Principle held a public hearing on its intent to dispose of Meridian all in the City of Dubuque, Dubuque the foregoing interest in real property and Co., Iowa containing 6.13 acres, more or less, overruled all objections thereto; and as shown on the attached Exhibit A; and Whereas, the City Council believes it is in Whereas, Dubuque Terminals, Inc. desires the best interest of the City of Dubuque to ap- to lease a part of the property as shown on prove the Lease Agreement. Exhibit A for industrial uses and other river NOW THEREFORE, BE IT RESOLVED related business activities upon the terms set BY THE CITY COUNCIL OF THE CITY OF forth in a Lease Agreement which is on file at DUBUQUE, IOWA: th the office of the City Clerk, City Hall, 13 and Section 1. The Lease Agreement between Central Avenue, Dubuque, Iowa; and the City and Dubuque Terminals, Inc., is hereby Whereas, City and Dubuque Terminals, approved and the City Manager is authorized to Inc. have agreed to the Lease Agreement, execute said Lease Agreement on behalf of the which among other things, provides for a term City of Dubuque. rd through June 1, 2038; and Passed, approved and adopted this 3 day Whereas, on May 3, 2010, the City Council of May, 2010. pursuant to notice published as required by law Roy D. Buol, Mayor held a public hearing on its intent to dispose of Attest: Jeanne F. Schneider, CMC, City Clerk the foregoing interest in real property and overruled all objections thereto; and Lower Bee Branch Creek Restoration Project: Proof of publication on notice of public hearing to consider the plans and specifica- 156 Regular Session, May 3, 2010 Book 140 ACTION ITEMS tions, form of contract and estimated cost for the Lower Bee Branch Creek Restoration Project and City Manager recommending ap-Liquor License Violation Hearing – Lot One: proval. Motion by Connors to receive and file City Manager recommending that a hearing be the documents and adopt Resolution No. 150-held regarding the second offense civil alcohol 10 Approving plans, specifications, form of compliance penalty violation for Lot One to deter- contract, and estimated cost for the Lower Bee mine if the alcohol compliance civil penalty should Branch Creek Restoration Project. Seconded be assessed. Motion by Voetberg to receive and by Voetberg. Motion carried 7-0. file the documents, approve the recommendation, and assess a civil penalty. Seconded by Connors. RESOLUTION NO. 150-10 Assistant City Attorney Crenna Brumwell con- APPROVAL OF PLANS, SPECIFICATIONS, ducted the penalty hearing. After being sworn in, FORM OF CONTRACT, AND ESTIMATED Corporal Steve Eastvedt, responded to questions COST FOR THE LOWER BEE BRANCH from Ms. Brumwell and the City Council. Also hav- CREEK RESTORATION PROJECT ing been sworn in, Lot One owner Joe Zwack, NOW THEREFORE, BE IT RESOLVED 9499 Turkey Ridge, addressed the City Council BY THE CITY COUNCIL OF THE CITY OF and responded to questions. City Council reached DUBUQUE, IOWA: consensus of monetary fine and directed staff to That the proposed plans, specifications, work with Mr. Zwack regarding serving the 30-day form of contract and estimated cost for the suspension on non-consecutive days. Motion Lower Bee Branch Creek Restoration Project, carried 7-0. in the estimated amount $10,679,520.00, are hereby approved. Wingate Place No. 3 – Final Plat: City rd Passed, adopted and approved this 3 day Manager recommending approval of the final of May, 2010. plat of Wingate Place No. 3 as requested by Roy D. Buol, Mayor James Gantz. Motion by Connors to receive Attest: Jeanne F. Schneider, CMC, City Clerk and file the documents and adopt Resolution No. 152-10 Approving final plat of Wingate Asbury Road and IA 32 Traffic Signal and Place No. 3 in the City of Dubuque, Iowa. Grading Project: Proof of publication on notice Seconded by Braig. Motion carried 7-0. of public hearing to consider the plans and RESOLUTION NO. 152-10 specifications, form of contract and estimated AUTHORIZING APPROVING FINAL PLAT cost for the Asbury Road and IA 32 Traffic OF WINGATE PLACE NO. 3 IN THE CITY OF Signal and Grading Project and City Manager DUBUQUE, IOWA recommending approval. Motion by Lynch to receive and file the documents and adopt Whereas, there has been filed with the City Resolution No. 151-10 Approving plans, speci-Clerk a final plat of Wingate Place No. 3 in the fications, form of contract, and estimated cost City of Dubuque, Iowa; and for the Asbury Road and IA 32 Traffic Signal Whereas, upon said final plat appears a and Grading Project. Seconded by Connors. street to be known as Wingate Drive (Lot A) Motion carried 7-0. together with certain public utility, storm sewer, water main easements, and storm water de- RESOLUTION NO. 151-10 tention facility (Lot B) which the owner by said APPROVAL OF PLANS, SPECIFICATIONS, final plat has dedicated to the public forever; FORM OF CONTRACT, AND ESTIMATED and COST FOR THE ASBURY ROAD AND IA 32 Whereas, the preliminary plat has been TRAFFIC SIGNAL & GRADING PROJECT examined by the Zoning Advisory Commission NOW THEREFORE, BE IT RESOLVED and had its approval endorsed thereon; and BY THE CITY COUNCIL OF THE CITY OF Whereas, said final plat has been reviewed DUBUQUE, IOWA: by the City Planner and had her approval en- That the proposed plans, specifications, dorsed thereon; subject to the owner’s agree- form of contract and estimated cost for the ing to the conditions noted in Section 3 below; Asbury Road and IA 32 Traffic Signal & Grad-and ing Project, in the estimated amount Whereas, said final plat has been ex- $654,474.00, are hereby approved. amined by the City Council and they find that it rd Passed, adopted and approved this 3 day conforms to the statutes and ordinances relat- of May, 2010. ing to it, except that streets and public utilities Roy D. Buol, Mayor have not yet been completely constructed or Attest: Jeanne F. Schneider, CMC, City Clerk installed. NOW THEREFORE, BE IT RESOLVED Upon motion the rules were reinstated li-BY THE CITY COUNCIL OF THE CITY OF miting discussion to the City Council. DUBUQUE, IOWA: Book 140 Regular Session, May 3, 2010 157 Section 1. That the dedication of Wingate Wingate Real Estate, LLC, as owners of said Drive (Lot A) and the easements for public property, shall secure the performance of the utilities, storm sewer and water mains, as they foregoing conditions provided in this Section appear on said final plat, be and the same are by providing guarantees in such form and with hereby accepted; and such sureties as may be acceptable to the City Section 2. That the Final Plat of Wingate Manager of the City of Dubuque, Iowa. Place No. 3 is hereby approved by the Mayor Section 3. Sidewalk installation shall be the and City Clerk are hereby authorized and di-responsibility of the owner abutting the public rected to endorse the approval of the City of rights-of-way, including lots with multiple fron- Dubuque, Iowa, upon said final plat, provided tages, as required by City Code 41-100 and the owners of said property herein named, 42-24. execute their written acceptance hereto at-Section 4. The owner must continue to own tached agreeing: and maintain Lot B and stormwater detention (a) To reduce Wingate Drive (Lot A) to facility until (1) the facility has been fully com- grade and to construct concrete curb pleted, (2) 80% of the platted lots on Wingate and gutter and to hard surface with Place, Wingate Place No. 2, Wingate Place asphaltic concrete, or with concrete No. 3, and subdivisions thereof have been fully paving with integral curb and sub-drain developed, and (3) adequate erosion control system, all in accordance with the City measures, as approved by the City have been of Dubuque standard specifications, all installed on the remaining 20% of the lots. in a manner acceptable to the City Acceptance of Lot B and the detention facility Engineer, in conformance with con-must be by the City Council as required by the struction improvement plans approved Unified Development Code. Upon the City’s by the City Engineer, and inspected by acceptance of the detention facility, the inspec- the City Engineer. tion, administrative and maintenance ex- (b) To install sanitary sewer mains and penses incurred by the City of Dubuque for the sewer service laterals into each indi-storm water detention facility (Lot B) shall be vidual lot, water mains and water ser-assessed against the lot owners of Wingate vice laterals into each individual lot, Place as indicated above and the preliminary storm sewers and catch basins, bou-plat, in proportion to the acreage of each lot, levard street lighting and erosion con-and the City Manager shall certify such costs trol devices all in accordance with the to the City Clerk, who in turn shall promptly City of Dubuque standard specifica-certify such costs to the Dubuque County tions, all in a manner acceptable to the Treasurer, and such costs shall then be col- City Engineer, and in accordance with lected with and in the same manner as general construction improvement plans ap-property taxes in accordance with provisions of proved by the City Engineer, and in-law. spected by the City Engineer. Section 5. That the final acceptance of the (c) To construct a storm water detention public improvements shall occur upon certifica- facility (Lot B) in a manner acceptable tion of the City Engineer to the City Council to the City Engineer, in accordance that the public improvements have been com- with the City of Dubuque standard pleted in accordance with the approved im- specifications approved by the City provement plans and City standards and spe- Engineer, and inspected by the City cifications and accepted by City Council Reso- Engineer. lution. (d) To construct sidewalk along Wingate Section 6. That the easement for the tem- Drive frontage of Lot B in accordance porary cul-de-sac shall expire upon the platting with City of Dubuque Standards and of the extension of Wingate Drive to Sylvan specifications. Drive. (e) To construct said improvements, prior Section 7. That in the event GNZ Proper- to the two (2) years from the date of ties, Inc., L. Wingate Properties, LLC, D. Win- acceptance of this resolution, at the gate Real Estate, LLC, fails to execute the sole expense of the owners, or future acceptance and furnish the guarantees pro- owner. vided in Sections 2 and 3 hereof within 180 (f) To maintain the public improvements, days after the date of this Resolution, the pro- for a period of two (2) years from the visions hereof shall be null and void and the date of the acceptance of those im-acceptance of the dedication and approval the provements by the City Council of the plat shall not be effective. rd City of Dubuque, Iowa, at the sole final Passed, approved and adopted this 3 day expense of the owners, or future own-of May 2010. er; Roy D. Buol, Mayor And, further provided that said GNZ Prop-Attest: Jeanne F. Schneider, CMC, City Clerk erties, Inc., L. Wingate Properties, LLC, D. 158 Regular Session, May 3, 2010 Book 140 ACCEPTANCE OF the consultant to provide management of the RESOLUTION NO. 152-10 City’s Transit Department is hereby approved. I, the undersigned, Jim Gantz, representing Section 2. That the Mayor is hereby autho- GNZ Properties, Inc., L. Wingate Properties, rized to execute, on behalf of the City Council LLC, D. Wingate Real Estate, LLC, having of the City of Dubuque, Iowa, a contract with read the terms and conditions of the Resolu-East Central Intergovernmental Association tion No. 152-10 and being familiar with the (ECIA) for a five year transit management con- conditions thereof, hereby accept this same tract for the following amounts; and agree to the conditions required therein. Year 1 (2010-2011) - $ 24,230.00 per month rd Dated in Dubuque, Iowa this 3 day of May Year 2 (2011-2012) - $ 25,441.50 per month 2010. Year 3 (2012-2013) - $ 26,713.58 per month Jim Gantz Year 4 (2013-2014) - $ 28,049.26 per month GNZ Properties, Inc., Year 5 (2014-2015) - $ 29,451.73 per month L. Wingate Properties, LLC, Passed, approved and adopted this 3rd D. Wingate Real Estate, LLC day of May, 2010. Roy D. Buol, Mayor Transit Management Contract Proposal: Attest: Jeanne F. Schneider, CMC, City Clerk City Manager recommending approval of the selection of ECIA for transit management ser-Washington Street Row House Project – vices. Motion by Voetberg to receive and file Iowa Finance Authority Loan: City Manager the documents and adopt Resolution No. 153-recommending approval of a $250,000 loan 10 Approving the selection of East Central application through the OurHome Construction Intergovernmental Association (ECIA) for tran-Loan Program from the Iowa Finance Authority sit management services and authorizing the to assist with the row house project at 1765- City Manager to execute an appropriate con-1795 Washington Street. Motion by Jones to tract for said management contract. Seconded receive and file the documents and approve by Resnick. Responding to questions from City the recommendation. Seconded by Voetberg. Council, Economic Development Director Motion carried 7-0. Dave Heiar stated that a joint City/ECIA com- mittee will appoint the new transportation di-Dubuque Levee and Floodwall Certifica- rector and operations supervisor with ECIA tion: City Manager recommending approval of Executive Director Kelley Hutton-Deutmeyer the submission of the One-Year Progress Re- supervising the ECIA and City transportation port for certification of the Dubuque levee and directors. Ms. Deutmeyer stated that RTA cur-floodwall system along the Mississippi River, rently has both full-time and part-time drivers and other related documents to the Federal and described several ideas for the project. Emergency Management Agency. Motion by Van Milligen clarified the budget funding and Connors to receive and file the documents and added that current transit employees would approve the recommendation. Seconded by remain City employees. Motion carried 7-0. Voetberg. Motion carried 7-0. RESOLUTION NO. 153-10 Designation of Chavenelle Drive as APPROVING THE SELECTION OF EAST Through Street: City Manager recommending CENTRAL INTERGOVERNMENTAL ASSO- that Chavenelle Drive be designated as a CIATION (ECIA) FOR TRANSIT MANAGE- “through street” from Associates Drive to the MENT SERVICES AND AUTHORIZING THE east right-of-way line of Seippel Road and CITY MANAGER TO EXECUTE AN APPRO- from the west right-of-way line of Seippel Road PRIATE CONTRACT FOR SAID MANAGE- to its northerly terminus. Motion by Lynch to MENT CONTRACT. receive and file the documents and that the Whereas, the City of Dubuque, Iowa has requirement that a proposed ordinance be identified the need for a transit management considered and voted on for passage at two company; and Council meetings prior to the meeting at which Whereas, a Request for Proposals solicited it is to be passed be suspended. Seconded by consultant services to provide transit man-Braig. Motion carried 7-0. agement for Keyline Transit; and Motion by Lynch for final consideration and Whereas, East Central Intergovernmental passage of Ordinance No. 25-10 Amending Association (ECIA) is recommended to provide City of Dubuque Code of Ordinances § 9-7- transit management services. 321.321 Entering through Streets by adding NOW, THEREFORE, BE IT RESOLVED Chavenelle Drive, from Associates Drive to the BY THE CITY COUNCIL OF THE CITY OF east right-of-way line of Seippel Road and DUBUQUE, IOWA: from the west right-of-way line of Seippel Road Section 1. That the selection of East Cen-to its northerly terminus; and Ordinance No. tral Intergovernmental Association (ECIA) as 26-10 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Sub- Book 140 Regular Session, May 3, 2010 159 section (A) of Section § 9-7-321.322 thereof Futuro Court and Chavenelle Road . . . providing for the deletion of the stop sign on rd Futuro Court at Chavenelle Drive. Seconded Passed, approved and adopted this 3 day by Braig. Motion carried 7-0. of May, 2010. /s/Roy D. Buol, Mayor OFFICIAL PUBLICATION Attest: ORDINANCE NO. 25-10 /s/Jeanne F. Schneider, CMC, City Clerk AMENDING CITY OF DUBUQUE CODE OF Published officially in the Telegraph Herald th ORDINANCES 9-7-321.321 ENTERING §Newspaper the 7 day of May, 2010. THROUGH STREETS BY ADDING CHAVE- /s/Jeanne F. Schneider, CMC, City Clerk NELLE DRIVE, FROM ASSOCIATES DRIVE TO THE EAST RIGHT-OF-WAY LINE OF COUNCIL MEMBER REPORTS SEIPPEL ROAD AND FROM THE WEST RIGHT-OF-WAY LINE OF SEIPPEL ROAD Lynch reported on the Sister City visit by a TO ITS NORTHERLY TERMINUS delegation from Dornbirn, Austria, May 13-15, adding that Dornbirn has immigrant ties to Section 1. City of Dubuque Code of Ordin-Dubuque including ancestral connections to ances § 9-7-321.321 is amended to reads as the Rhomberg family. Lynch invited Council follow: Members to participate in the event. Section 9-7-321.321. Entering Through CLOSED SESSION Streets. . . . (b) The following streets are designated Motion by Jones at 8:20 p.m. to go into as through streets: closed session regarding pending litigation and . . . property acquisition pursuant to Chapter Chavenelle Drive, from Associates 21.5(1)(c)(j) of the Code of Iowa. Seconded by Drive to the east right-of-way line of Seip-Resnick. Motion carried 7-0. pel Road and from the west right-of-way Upon motion the City Council reconvened line of Seippel Road to its northerly termi-in open session at 9:23 p.m. stating that staff nus. had been given proper direction. . . . Section 2. This Ordinance shall take effect There being no further business, upon mo- on publication. tion the City Council adjourned at 9:24 p.m. rd Passed, approved and adopted this 3 day of May, 2010. /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 7 day of May, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 26-10 AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (A) OF SECTION 9-7-321.322 THEREOF PROVIDING FOR § THE DELETION OF THE STOP SIGN ON FUTURO COURT AT CHAVENELLE DRIVE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting from Subsection (A) of Section §9-7- 321.322 thereof as follows: Section 9-7-321.322. Stop and Yield Inter- sections . . . (A) Eastbound . . . 160 Regular Session, May 17, 2010 Book 140 CITY OF DUBUQUE, IOWA Claims and Summary of Revenues for month ended March 31, 2010 CITY COUNCIL Investment Oversight Advisory Commis- OFFICIAL th sion’s 68 Quarterly Report PROCEEDINGS Upon motion the documents were received and filed. The Dubuque City Council met in regular Notice of Claims/Suits: Antonio J. Mouzon session at 6:30 p.m. on May 17, 2010 in the for vehicle damage. Upon motion the docu- Historic Federal Building. ments were received and filed and referred to the City Attorney. Present: Mayor Buol, Council Members City Attorney advising that the following Braig, Connors, Jones, Lynch, Resnick, Voet- claims have been referred to Public Entity Risk berg, City Manager Van Milligen, City Attorney Services of Iowa, the agent for the Iowa Com- Lindahl munities Assurance Pool: Coralita Shumaker for vehicle damage; Christopher Lange for Mayor Buol read the call and stated this is property damage; Aaron Young for property a regular session of the City Council to act damage; Antonio J. Mouzon for vehicle dam- upon such business that may properly come age. Upon motion the documents were re- before the City Council. ceived and filed and concurred. Pledge of Allegiance City Development Board: Notice of motion to amend application and notice of continued Invocation was provided by Deacon Tom Lang public hearing in the matter of the City of As- of the Archdiocese of Dubuque. bury voluntary annexation including non- consenting owners within the urban area of the RECOGNITION City of Dubuque. Upon motion the document was received and filed. Police Lieutenant John Digman Police Lieutenant David Haupert Kephart Building Renovation Project: City Manager recommending acceptance of the PROCLAMATIONS Kephart Building Renovation Project as com- pleted by Klauer Construction in the final con- Relay for Life Days (June 4 and 5, 2010) was tract amount of $710,273.51. Upon motion the accepted by Christina Andersen and Jill Hogstrom documents were received and filed and Reso- of the American Cancer Society, 2774 University lution No. 154-10 Accepting Kephart Building Avenue. Improvement Project and authorizing the pay- ment of the contract amount to the contractor Mental Health Month (May, 2010) was ac- was adopted. cepted by Ann Michalski, 1520 Altura Drive. RESOLUTION NO. 154-10 CONSENT ITEMS ACCEPTING THE KEPHART BUILDING IM- PROVEMENT PROJECT AND AUTHORIZ- Motion by Connors to receive and file the ING THE PAYMENT OF THE CONTRACT documents, adopt the resolutions, and dispose AMOUNT TO THE CONTRACTOR of as indicated. Seconded by Braig. Motion Whereas, the Public Improvement Contract carried 7-0. Item #5 Pennsylvania Avenue for the Kephart Building Improvement Project from IA 32 to Vizaleea Drive Safety Improve- (the Project) has been completed and the City ments Phase II was removed from the agenda. Engineer has examined the work and filed a certificate stating that the Project has been Minutes and Reports Submitted: Cable TV completed according to the terms of the Public Teleprogramming Commission of 4/6; City Improvement Contract and that the City Engi- Council of 4/28 and 5/3; Community Develop- neer recommends that the Project be ac- ment Advisory Commission of 4/21; Human cepted. Rights Commission of 4/12; Investment Over- NOW THEREFORE, BE IT RESOLVED sight Advisory Commission of 4/28; Mechani- BY THE CITY COUNCIL OF THE CITY OF cal Board of 5/5; Park and Recreation Com- DUBUQUE, IOWA: mission of 4/20; Zoning Advisory Commission Section 1. The recommendation of the City of 5/5; Zoning Board of Adjustment of 4/22 Engineer is approved and the Project is hereby Substance Abuse Services Center Third accepted. Quarter Report for Fiscal Year 2010 Section 2. The Finance Director is hereby Proofs of publication of City Council Pro- directed to pay to the Contractor from the Ke- ceedings of April 19 and 28, 2010 and List of phart Building Improvements Capital Im- Book 140 Regular Session, May 17, 2010 161 provement Project, Dubuque Racing Associa-$316,462.55, is the lowest responsive, re- tion distribution, sales tax, Community Devel-sponsible bidder for the Project. opment Block Grant funds, general obligation NOW THEREFORE, BE IT RESOLVED bonds (TIF abated) and general funds appro-BY THE CITY COUNCIL OF THE CITY OF priations for the contract amount of DUBUQUE, IOWA: $710,273.51 less any retained percentage That a Public Improvement Contract for the provided for therein as provided in Iowa Code Project is hereby awarded to McDermott Ex- Chapter 573, and to pay such retainage only in cavating, subject to the concurrence by Iowa accordance with the provisions of Iowa Code Department of Transportation (Iowa DOT), and Chapter 573. the City Manager is hereby directed to execute th Passed, approved and adopted this 17 a Public Improvement Contract on behalf of day of May, 2010. the City of Dubuque for the Project. th Roy D. Buol, Mayor Passed, approved and adopted this 17 Attest: Jeanne F. Schneider, CMC, City Clerk day of May, 2010. Roy D. Buol, Mayor CITY ENGINEER’S CERTIFICATE OF FINAL Attest: Jeanne F. Schneider, CMC, City Clerk COMPLETION OF THE KEPHART BUILD- ING IMPROVEMENT PROJECT Serenity Ridge Subdivision: City Manager The undersigned City Engineer of the City recommending that the Intersection Agree- of Dubuque, Iowa, hereby certifies that he has ment between the City of Dubuque and devel- inspected the Kephart Building Improvement oper John Herrig for the proposed intersection Project, that the Project has been performed in of Plaza Drive and Derby Grange Road be compliance with the terms of the Public Im-rescinded. Upon motion the documents were provement Contract, and that the total cost of received and filed and Resolution No. 156-10 the completed work is $710,273.51. Rescinding the approval of the agreement Dated this 10th day of May, 2010. between the City of Dubuque and John W. Gus Psihoyos, City Engineer Herrig and Sally Jo Herrig relating to the inter- th Filed in the office of the City Clerk on the 12 section project for Serenity Ridge Subdivision day of May, 2010. at Plaza Drive and Derby Grange Road was Jeanne F. Schneider, CMC, City Clerk adopted. RESOLUTION NO. 156-10 Asbury Road and IA 32 Traffic Signal and RESCINDING THE APPROVAL OF THE Grading Project: City Manager recommending AGREEMENT BETWEEN THE CITY OF DU- award of the contract for the Asbury Road and BUQUE AND JOHN W. HERRIG AND SALLY IA 32 Traffic Signal and Grading Project to JO HERRIG RELATING TO THE INTERSEC- McDermott Excavating in the amount of TION PROJECT FOR SERENITY RIDGE $316,462.55, which is 33.08% under the engi- SUBDIVISION AT PLAZA DRIVE AND DER- neer’s estimate. Upon motion the documents BY GRANGE ROAD were received and filed and Resolution No. 155-10 Awarding public improvement contract Whereas, the City Council at its meeting on for the Asbury Road and IA 32 Traffic Signal May 5, 2008 approved an agreement between and Grading Project – Iowa DOT Project No. the City of Dubuque and John W. Herrig and TSF-32-1(28)-92-31 was adopted. Sally Jo Herrig relating to the construction of an intersection project at Plaza Drive and Der- RESOLUTION NO. 155-10 by Grange Road relating to the Serenity Ridge AWARDING PUBLIC IMPROVEMENT CON- Subdivision proposed by John W. Herrig and TRACT FOR THE ASBURY ROAD AND IA Sally Jo Herrig; and 32 TRAFFIC SIGNAL & GRADING Whereas, John W. Herrig and Sally Jo Her- PROJECT, IOWA DOT PROJECT NO. TSF- rig have failed to sign the agreement and have 32-1(28)--92-31 failed to submit subdivision improvement plans Whereas, sealed proposals have been to complete their final plat submission for Se- submitted by contractors for the Asbury Road renity Ridge Subdivision; and and IA 32 Traffic Signal & Grading Project - Whereas, the City Council has previously Iowa DOT Project No. TSF-32-1(28)--92-31 budgeted funds for the cost of the intersection (the Project) pursuant to Resolution No. 113-improvement; and 10 and Notice to Bidders published in a news-Whereas, the City Council has determined paper published in the City of Dubuque, Iowa that it is in the best interest of the City of Du- rd on the 23 day of April, 2010; and buque to revoke its approval of the above- Whereas, said sealed proposals were mentioned agreement. opened and read by the City of Dubuque on NOW, THEREFORE, BE IT RESOLVED th the 11 day of May, 2010 and it has been de-BY THE CITY COUNCIL OF THE CITY OF termined that McDermott Excavating of Dubu-DUBUQUE, IOWA: que, Iowa, with a bid in the amount of 162 Regular Session, May 17, 2010 Book 140 Section1. The approval by the City Council with the Dubuque Area Labor Management of the agreement between the City of Dubuque Council in the amount of $30,000. Upon mo- and John W. Herrig and Sally Jo Herrig on tion the documents were received, filed, and May 5, 2008 is hereby rescinded. approved. th Passed, approved and adopted this 17 day of May, 2010. Purchase of Service Agreement – Dubu- Roy D. Buol, Mayor que Main Street: City Manager recommending Attest: Jeanne F. Schneider, CMC, City Clerk approval of a Fiscal Year 2011 Purchase of Service Agreement with Dubuque Main Street Water Meter Wireless Network Equipment in the amount of $49,276 and $10,000. Upon License Agreement: City Manager recom-motion the documents were received, filed, mending approval of the Water Meter Wireless and approved. Network Equipment License Agreement be- tween the City of Dubuque, Dubuque County Purchase of Service Agreement – Dubu- and the Dubuque County Hospital Board of que County Iowa State University Extension: Trustees by Sunnycrest Manor. Upon motion City Manager recommending approval of a the documents were received, filed, and ap-Fiscal Year 2011 Purchase of Service Agree- proved. ment with Dubuque County Iowa State Univer- sity Extension in the amount of $2,000 for op- Water Meter Wireless Network Equipment erating costs for recreation programs as part of License Agreement – St. Joseph’s Church Key the summer Uptown Recreation Program. West: City Manager recommending approval Upon motion the documents were received, of the Water Meter Wireless Network Equip-filed, and approved. ment License Agreement between the City of Dubuque and St. Joseph’s Church – Key Purchase of Service Agreement – Four West. Upon motion the documents were re-Mounds Foundation: City Manager recom- ceived, filed, and approved. mending approval of a Fiscal Year 2011 Pur- chase of Service Agreement with Four Mounds PEG Capital Grant Expenditure Request: Foundation in the amount of $29,019 for oper- City Manager recommending approval of the ating costs for the Day Camp Program as part Cable TV Tele-Programming Commission rec-of the summer Uptown Recreation Program. ommendation for funding from the Public, Upon motion the documents were received, Educational, and Government (PEG) Capital filed, and approved. Grant for Access Equipment and Facilities to the City of Dubuque for $10,200 for a pro-Purchase of Service Agreement – Greater grammable, motion-controlled CamBlock Dubuque Development Corporation: City Man- pan/tilt kit and up to $30,000 to install cabling ager recommending approval of a Fiscal Year in the ice arena being built on Chaplain 2011 Purchase of Service Agreement with the Schmitt Island. Upon motion the documents Greater Dubuque Development Corporation in were received, filed, and approved. the amount of $95,613 for economic develop- ment services, $100,000 for Destination for Purchase of Service Agreement – Ameri-Opportunity, $100,000 for Dubuque Works, ca’s River Corporation: City Manager recom-$125,000 for a staff person to assist IBM with mending approval of a Fiscal Year 2011 Pur-workforce development, $35,000 to be used to chase of Service Agreement with the Ameri-assist in funding for Dubuque area retail ex- ca’s River Corporation in the amount of pansion services, $6,000 to provide the City $10,000. Upon motion the documents were unlimited job postings to AccessDubuque- received, filed, and approved. Jobs.com and $40,000 for marketing commer- cial and industrial parks owned by the City. Purchase of Service Agreement – Dubu-Upon motion the documents were received, que Area Chamber of Commerce Convention filed, and approved. and Visitors Bureau: City Manager recom- mending approval of a Fiscal Year 2011 Pur-Purchase of Service Agreement – Helping chase of Service Agreement with the Dubuque Services of Northeast Iowa, Inc.: City Manager Area Chamber of Commerce Convention and recommending approval of a Fiscal Year 2011 Visitors Bureau in the amount of $776,928. Purchase of Service Agreement with Helping Upon motion the documents were received, Services of Northeast Iowa, Inc., in the amount filed, and approved. of $2,147. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Dubu- que Area Labor Management Council: City Purchase of Service Agreement – Hills and Manager recommending approval of a Fiscal Dales Senior Programs: City Manager recom- Year 2011 Purchase of Service Agreement mending approval of a Fiscal Year 2011 Pur- Book 140 Regular Session, May 17, 2010 163 chase of Service Agreement with Hills and ing. Upon motion the documents were re- Dales in the amount of $25,000. Upon motion ceived, filed, and approved. the documents were received, filed, and ap- proved. Purchase of Service Agreement – Opening Doors (Maria House and Theresa Shelter): Purchase of Service Agreement – North-City Manager recommending approval of a east Iowa School of Music: City Manager re-Fiscal Year 2011 Purchase of Service Agree- commending approval of a Fiscal Year 2011 ment with Opening Doors in the amount of Purchase of Service Agreement with Northeast $5,000 to help provide emergency and transi- Iowa School of Music in the amount of $2,600. tional housing and services for women and Upon motion the documents were received, children at Teresa Shelter and Maria House. filed, and approved. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement – Project Concern Foster Grandparent Program: City Purchase of Service Agreement – Opera- Manager recommending approval of a Fiscal tion: New View: City Manager recommending Year 2011 Purchase of Service Agreement approval of a Fiscal Year 2011 Purchase of with Project Concern in the amount of $6,113 Service Agreement with Operation: New View for the Foster Grandparent Program. Upon in the amount of $18,805. Upon motion the motion the documents were received, filed, documents were received, filed, and approved. and approved. Purchase of Service Agreement – St. Purchase of Service Agreement – Project Mark’s Community Center: City Manager re- Concern Information and Referral and Child commending approval of a Fiscal Year 2011 Care Referral: City Manager recommending Purchase of Service Agreement with St. approval of a Fiscal Year 2011 Purchase of Mark’s Community Center in the amount of Service Agreement with Project Concern in the $15,000. Upon motion the documents were amount of $25,821 to Project Concern, Inc., for received, filed, and approved. the Information and Referral Program, plus a payment of $9,098 for the Child Care Re-Request to Purchase: Communication from source and Referral Program. Ron Hanten, 440 Moore Heights, requesting to purchase a portion of a City-owned alley abut- Purchase of Service Agreement – Retired ting his property at 1735 – 1745 Madison and Senior Volunteer Program: City Manager Street. Upon motion the documents were re- recommending approval of a Fiscal Year 2011 ceived and filed and referred to the City Man- Purchase of Service Agreement with the Re-ager. tired and Senior Volunteer Program in the amount of $7,341. Upon motion the docu-Signed Contracts: Riverfront Leases – En- thth ments were received, filed, and approved. vironmental Testing Services; 9 and 11 Street One-Way to Two-Way Traffic Study Purchase of Service Agreement – Sub-Consultant Contract. Upon motion the docu- stance Abuse Services Center: City Manager ments were received and filed. recommending approval of a Fiscal Year 2011 Purchase of Service Agreement with the Sub-Liquor License Transfer of Service: Appli- stance Abuse Services Center in the amount cation of the Rotary Club of Dubuque to trans- th of $14,013. Upon motion the documents were fer their liquor license from 135 West 8 Street received, filed, and approved. to A.Y. McDonald Park on June 9, 2010 for the ARC Games. Upon motion the documents Purchase of Service Agreement – Wash-were received, filed, and approved. ington Tool Library: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Liquor License Applications: City Manager Service Agreement with the Washington Tool recommending approval of annual liquor li- Library in the amount of $15,500. Upon motion cense renewals as submitted. Upon motion the the documents were received, filed, and ap-documents were received and filed and Reso- proved. lution No. 157-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee Wine and Purchase of Service Agreement – Opening Spirits A, Hartig Drug #2 and Walgreen Doors for Emergency and Transitional Hous-#11942; and Resolution No. 158-10 Granting ing: City Manager recommending approval of a the issuance of a Class “C” Beer/Liquor Li- Fiscal Year 2011 Purchase of Service Agree-cense to Diamond Jo Casino, Easy Street, ment with Opening Doors in the amount of Shot Tower Inn, Monks Kaffee Pub, The $10,000 for emergency and transitional hous-Northside Bar, The Screaming Eagle Bar and Kalmes Breaktime Bar; a Class “B” Wine Per- 164 Regular Session, May 17, 2010 Book 140 mit to Hy-Vee Wine and Spirits A, Hartig Drug CLASS “B” WINE #2, and Walgreen #11942; and a Class “WBN” Hy-Vee, Inc., Hy-Vee Wine & Spirits A, Native Wine Permit to The Hancock House 3500 Dodge Street A Bed and Breakfast Inn were adopted. Hartig Drug Co., Inc., Hartig Drug Compa- ny # 2, 157 Locust Street RESOLUTION NO. 157-10 Walgreen Co., Walgreen # 11942, 345 E. Whereas, applications for Beer Permits 20th Street have been submitted and filed to this Council CLASS “WBN” NATIVE WINE for approval and the same have been ex-Susan Huntley, Hancock House Bed & amined and approved: and Breakfast Inn, 1105 Grove Terrace th Whereas, the premises to be occupied by Passed, approved and adopted this 17 day of such applicants were inspected and found to May, 2010 comply with the Ordinances of the City and Roy D. Buol, Mayor have filed proper bonds. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED ITEMS TO BE SET FOR PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause Motion by Lynch to receive and file the to be issued the following named applicants a documents, adopt the resolutions, set the pub- Beer Permit. lic hearings as indicated, and direct the City CLASS “C” BEER PERMIT Clerk to publish notice as prescribed by law. Hy-Vee, Inc., Hy-Vee Wine & Spirits A Seconded by Connors. Motion carried 7-0. +(Sunday Sale), 3500 Dodge Street Hartig Drug Co. Inc., Hartig Drug # 2 Sale of Property – 1523 Elm Street: City +(Sunday Sale), 157 Locust Street Manager recommending that a public hearing Walgreen Co., Walgreen #11942 +(Sunday be set for June 7, 2010 to consider approval of th Sale), 345 E. 20 Street the sale of property located at 1523 Elm th Passed, approved and adopted this 17 day of Street. Upon motion the documents were re- May, 2010. ceived and filed and Resolution No. 159-10 Roy D. Buol, Mayor Resolution of intent to dispose of City-owned Attest: Jeanne F. Schneider, CMC, City Clerk property, specifically, south one-half of Lot 148 and the south one foot of the north one-half of RESOLUTION NO. 158-10 Lot 148 in East Dubuque, an addition to the Whereas, applications for Liquor Licenses City of Dubuque, County of Dubuque, Iowa, have been submitted to this Council for ap-according to the recorded plat thereof – 1523 proval and the same have been examined and Elm Street was adopted setting a public hear- approved; and ing for a meeting to commence at 6:30 p.m. on Whereas, the premises to be occupied by June 7, 2010 in the Historic Federal Building. such applicants were inspected and found to RESOLUTION NO. 159-10 comply with the State Laws and all City Ordin- RESOLUTION OF INTENT TO DISPOSE OF ances relevant thereto and they have filed CITY-OWNED PROPERTY, SPECIFICALLY, proper bonds. SOUTH ONE HALF OF LOT ONE HUNDRED NOW, THEREFORE, BE IT RESOLVED FORTY-EIGHT (148) AND THE SOUTH ONE BY THE CITY COUNCIL OF THE CITY OF (1) FOOT OF THE NORTH ONE HALF OF DUBUQUE, IOWA: LOT (148) ONE HUNDRED FORTY EIGHT IN That the Manager be authorized to cause EAST DUBUQUE, AN ADDITION TO THE to be issued the following named applicants a CITY OF DUBUQUE COUNTY OF DUBU- Liquor License. QUE, IOWA, ACCORDING TO THE REC- CLASS “C” BEER/LIQUOR LICENSE ORDED PLAT THEREOF – 1523 ELM Diamond Jo, LLC, Diamond Jo Casino STREET +(Sunday/Outdoor Sale), 301 Bell Street Easy Street, Easy Street+(Sunday/Outdoor Whereas, the City acquired the property at Sale), 431 Rhomberg Ave. 1523 Elm Street for the purpose of its rehabili- DBQ, Inc., Shot Tower Inn +(Sunday Sale), tation and re-sale for owner-occupied housing; 390 Locust Street and Rick Worcester, Monks Kaffee Pub Whereas, the City has received an offer to +(Sunday Sale), 373 Bluff Street purchase this property from a qualifying The Northside Bar, LLC, The Northside Bar household; and (1Day Outdoor Sale), 2776 Jackson Street Whereas, such purpose supports the Kevin J. Stoffel, The Screaming Eagle Washington Neighborhood revitalization strat- Bar(Outdoor Sale), 2600 Central Ave. egy as approved by the City Council; and Kalmes Brothers, LLC, Kalmes Breaktime Bar +(Sunday Sale), 1097 Jackson Street Book 140 Regular Session, May 17, 2010 165 Whereas, a qualifying home buyer has rehabilitation and re-sale for owner-occupied signed an offer to purchase and has obtained housing; and financing from a local lender. Whereas, the City has received an offer to NOW, THEREFORE, BE IT RESOLVED purchase this property from a qualifying BY THE CITY COUNCIL OF THE CITY OF household; and DUBUQUE, IOWA: Whereas, such purpose supports the Section 1. That the City of Dubuque in-Washington Neighborhood revitalization strat- tends to dispose of its interest in the following egy as approved by the City Council; and legally-described property: The South one half Whereas, a qualifying home buyer has of Lot 148 and the South one foot of the North signed an offer to purchase and has obtained one half of Lot 148 in East Dubuque, an Addi-financing from a local lender. tion to the City of Dubuque, County of Dubu-NOW, THEREFORE, BE IT RESOLVED que, Iowa, according to the recorded Plat the-BY THE CITY COUNCIL OF THE CITY OF reof, at the cost of Eighty-five thousand dollars DUBUQUE, IOWA: ($85 000). Section 1. That the City of Dubuque in- Section 2. That the City of Dubuque pro-tends to dispose of its interest in the following poses to dispose of its interest in the above legally-described property: Lot 6 of Mineral Lot described real estate to Ruth Jurisic. 100 in the City of Dubuque, County of Dubu- Section 3. That this Council will meet in the que, Iowa, according to the recorded Plat the- Historic Federal Building Council Chambers, reof at the cost of Eighty-two thousand dollars th 350 West 6 Street, Dubuque, Iowa, at 6:30 ($82.000). p.m. on the 7th of June, 2010 for the purpose Section 2. That the City of Dubuque pro- of holding a public hearing and taking final poses to dispose of its interest in the above action on the disposition of the above de-described real estate to Robert Mootz. scribed real estate in the City of Dubuque, Section 3. That this Council will meet in the Iowa. Historic Federal Building Council Chambers, th Section 4. That the City Clerk be and is he-350 West 6 Street, Dubuque, Iowa, at 6:30 reby authorized and directed to cause a notice p.m. on the 7th of June, 2010 for the purpose of such public hearing and the City Council’s of holding a public hearing and taking final intent to dispose of such property to be pub-action on the disposition of the above de- lished as prescribed under Iowa Code Section scribed real estate in the City of Dubuque, 364.7.Iowa. th Passed, approved and adoptedthis 17 Section 4. That the City Clerk be and is he- day of May, 2010. reby authorized and directed to cause a notice Roy D. Buol, Mayor of such public hearing and the City Council’s Attest: Jeanne Schneider, CMC, City Clerk intent to dispose of such property to be pub- lished as prescribed under Iowa Code Section Purchase of Property – 1925 Washington 364.7. th Street: City Manager recommending that a Passed, approved and adoptedthis 17 public hearing be set for June 7, 2010 to con-day of May, 2010. sider approval of the sale of property located Roy D. Buol, Mayor at 1925 Washington Street. Upon motion the Attest: Jeanne Schneider, CMC, City Clerk documents were received and filed and Reso- lution No. 160-10 Resolution of intent to dis-McAleece Ballpark Parking Lot Recon- pose of City-owned property, specifically, Lot 6 struction Project: City Manager recommending of Mineral Lot 100 in the City of Dubuque, initiation of the public bidding process for the County of Dubuque, Iowa, according to the McAleece Ballpark Parking Lot Reconstruction recorded plat thereof – 1925 Washington Project and that a public hearing be set for Street was adopted setting a public hearing for June 7, 2010 to consider approval of the plans a meeting to commence at 6:30 p.m. on June and specifications, form of contract and esti- 7, 2010 in the Historic Federal Building. mated cost. Upon motion the documents were received and filed and Resolution No. 161-10 RESOLUTION NO. 160-10 Preliminary approval of plans, specifications, RESOLUTION OF INTENT TO DISPOSE OF form of contract, and estimated cost, setting CITY-OWNED PROPERTY, SPECIFICALLY, date of public hearing and ordering bids for the LOT 6 OF MINERAL LOT 100 IN THE CITY McAleece Ballpark Parking Lot Reconstruction OF DUBUQUE COUNTY OF DUBUQUE, Project was adopted setting a public hearing IOWA, ACCORDING TO THE RECORDED for a meeting to commence at 6:30 p.m. on PLAT THEREOF – 1925 WASHINGTON June 7, 2010 in the Historic Federal Building. STREET Whereas, the City acquired the property at 1925 Washington Street for the purpose of its 166 Regular Session, May 17, 2010 Book 140 RESOLUTION NO. 161-10 Roy D. Buol, Mayor MCALEECE PARK AND RECREATION Attest: Jeanne F. Schneider, CMC, City Clerk COMPLEX PARKING LOT RECONSTRUCTION PROJECT Kaufmann Avenue Resurfacing Project: PRELIMINARY APPROVAL OF PLANS, City Manager recommending initiation of the SPECIFICATIONS, FORM OF CONTRACT, public bidding process for the Kaufmann Ave- AND ESTIMATED COST; SETTING DATE nue Resurfacing Project and that a public OF PUBLIC HEARING ON PLANS, SPECI- hearing be set for June 7, 2010 to consider FICATIONS, FORM OF CONTRACT, AND approval of the plans and specifications, form ESTIMATED COST; AND ORDERING THE of contract and estimated cost. Upon motion ADVERTISEMENT FOR BIDS the documents were received and filed and NOW THEREFORE, BE IT RESOLVED Resolution No. 162-10 Preliminary approval of BY THE CITY COUNCIL OF THE CITY OF plans, specifications, form of contract, and DUBUQUE, IOWA: estimated cost, setting date of public hearing The proposed plans, specifications, form of and ordering bids for the Kaufmann Avenue contract and estimated cost for the McAleece Resurfacing Project was adopted setting a Park and Recreation Complex Parking Lot public hearing for a meeting to commence at Reconstruction Project, in the estimated 6:30 p.m. on June 7, 2010 in the Historic Fed- amount $275,530.00, are hereby preliminarily eral Building. approved and ordered filed in the office of the RESOLUTION NO. 162-10 City Clerk for public inspection. th KAUFMANN AVENUE HMA RESURFACING A public hearing will be held on the 7 day PROJECT (J.F. KENNEDY ROAD TO CHA- of June, 2010, at 6:30 p.m. in the Historic Fed- NEY ROAD), IOWA DOT PROJECT NO. eral Building Council Chambers at which time STP-U-2100 (651)--70-31 interested persons may appear and be heard PRELIMINARY APPROVAL OF PLANS, for or against the proposed plans and specifi- SPECIFICATIONS, FORM OF CONTRACT, cations, form of contract and estimated cost of AND ESTIMATED COST; SETTING DATE said Project, and the City Clerk be and is he- OF PUBLIC HEARING ON PLANS, SPECI- reby directed to cause the attached notice of FICATIONS, FORM OF CONTRACT, AND the time and place of such hearing to be pub- ESTIMATED COST; AND ORDERING THE lished in a newspaper having general circula- ADVERTISEMENT FOR BIDS tion in the City of Dubuque, Iowa, which notice shall be published not less than four days nor NOW THEREFORE, BE IT RESOLVED more than twenty days prior to the date of BY THE CITY COUNCIL OF THE CITY OF such hearing. At the hearing, any interested DUBUQUE, IOWA: person may appear and file objections to the The proposed plans, specifications, form of proposed plans, specifications, form of con-contract and estimated cost for the Kaufmann tract, or estimated cost of the Project. Avenue HMA Resurfacing Project (J.F. Ken- The McAleece Park and Recreation Com-nedy Road to Chaney Road), Iowa DOT plex Parking Lot Reconstruction Project is he-Project No. STP-U-2100(651)--70-31, in the reby ordered to be advertised for bids for con-estimated amount $913,017.88, are hereby struction. preliminarily approved and ordered filed in the The amount of the security to accompany office of the City Clerk for public inspection. th each bid shall be in an amount which shall A public hearing will be held on the 7 day conform to the provisions of the Notice to Bid-of June, 2010, at 6:30 p.m. in the Historic Fed- ders hereby approved. eral Building Council Chambers at which time The City Clerk is hereby directed to adver-interested persons may appear and be heard tise for bids for the construction of the im-for or against the proposed plans and specifi- provements herein provided, by publishing the cations, form of contract and estimated cost of attached Notice to Bidders to be published in a said Project, and the City Clerk be and is he- newspaper having general circulation in the reby directed to cause the attached notice of City of Dubuque, Iowa, which notice shall be the time and place of such hearing to be pub- published not less than four but not more than lished in a newspaper having general circula- forty-five days before the date for filing bids tion in the City of Dubuque, Iowa, which notice th before 2:00 p.m. on the 10 day of June, 2010. shall be published not less than four days nor Bids shall be opened and read by the City more than twenty days prior to the date of Clerk at said time and will be submitted to the such hearing. At the hearing, any interested City Council for final action at 6:30 p.m. on the person may appear and file objections to the 21st day of June, 2010, in the Historic Federal proposed plans, specifications, form of con- Building Council Chambers (second floor), 350 tract, or estimated cost of the Project. th West 6 Street, Dubuque, Iowa. The Kaufmann Avenue HMA Resurfacing th Passed, adopted and approved this 17 Project (J.F. Kennedy Road to Chaney Road), day of May, 2010. Iowa DOT Project No. STP-U-2100(651)--70- Book 140 Regular Session, May 17, 2010 167 OFFICIAL PUBLICATION 31 is hereby ordered to be advertised for bids ORDINANCE NO. 27-10 for construction. AMENDING TITLE 16 OF THE CITY OF DU- The amount of the security to accompany BUQUE CODE OF ORDINANCES, UNIFIED each bid shall be in an amount which shall DEVELOPMENT CODE, BY RECLASSIFY- conform to the provisions of the Notice to Bid- ING HEREINAFTER DESCRIBED PROPER- ders hereby approved. TY LOCATED AT 6900/7005/7010 ASBURY The City Clerk is hereby directed to adver- ROAD FROM AG AGRICULTURAL DIS- tise for bids for the construction of the im- TRICT TO R-1 SINGLE-FAMILY RESIDEN- provements herein provided, by publishing the TIAL DISTRICT attached Notice to Bidders to be published in a newspaper having general circulation in the NOW, THEREFORE, BE IT ORDAINED City of Dubuque, Iowa, which notice shall be BY THE CITY COUNCIL OF THE CITY OF published not less than four but not more than DUBUQUE, IOWA: forty-five days before the date for filing bids Section 1. That Title 16 of the City of Du- before 10:00 a.m. Central Time, with opening buque Code of Ordinances, Unified Develop- and reading of bids by the Iowa Department of ment Code, is hereby amended by reclassify- th Transportation on the 15 day of June, 2010. ing the hereinafter-described property from AG Bids shall be opened and read by the Iowa Agricultural District to R-1 Single-Family Resi- Department of Transportation after 10:30 a.m. dential District, to wit: Lot 1 of W. Bahl’s First Central Time on the same date and will be Addition comprised of Lot 2-1 and Lot 2-1-1 in submitted to the City Council for final action on the SE ¼ of NW ¼ of Section 19, Lot 1-1-1 SE th the 6 day of July, 2010, in the Historic Feder-¼ NW ¼ of Section 19, Lot 2 SE ¼ NW ¼ al Building Council Chambers (second floor), Section 19 and Lot 1 Potts Place, and to the th 350 West 6 Street, Dubuque, Iowa. centerline of the adjoining public right-of-way, th Passed, adopted and approved this 17 all in the City of Dubuque, Iowa. day of May, 2010. Section 2. The foregoing amendment has Roy D. Buol, Mayor heretofore been reviewed by the Zoning Advi- Attest: Jeanne F. Schneider, CMC, City Clerk sory Commission of the City of Dubuque, Iowa. PUBLIC HEARINGS Section 3. This ordinance shall take effect immediately upon publication, as provided by Upon motion the rules were suspended al-law. lowing anyone present to address the City Passed, approved and adopted this th Council. 17 day of May, 2010. /s/Roy D. Buol, Mayor Request to Rezone – 6900 / 7005 / 7010 Attest: Asbury Road: Proof of publication on notice of /s/Jeanne F. Schneider, CMC, City Clerk public hearing to consider a request from Wil-Published officially in the Telegraph Herald st fred R. Bahl, Charlie Miller and Gene Potts to Newspaper the 21 day of May, 2010. rezone property located at 6900 / 7005 / 7010 /s/Jeanne F. Schneider, CMC, City Clerk Asbury Road from AG Agricultural District to R-1 Single-Family District and Zoning Advisory Bee Branch Creek Building Deconstruction Commission recommending approval. Motion Project: Proof of publication on notice of public by Connors to receive and file the documents and hearing to consider the plans and specifica- that the requirement that a proposed ordinance be tions, form of contract and estimated cost for considered and voted on for passage at two the Bee Branch Creek Building Deconstruction Council meetings prior to the meeting at which it is Project and City Manager recommending ap- to be passed be suspended. Seconded by Braig. proval. Motion by Lynch to receive and file the Motion carried 7-0. documents and adopt Resolution No. 163-10 Motion by Connors for final consideration Approval of plans, specifications, form of con- and passage of Ordinance No. 27-10 Amend-tract, and estimated cost for the Bee Branch ing Title 16 of the City of Dubuque Code of Creek Building Deconstruction Project. Ordinances, Unified Development Code, by Seconded by Jones. City Engineer Gus Psi- reclassifying hereinafter described property hoyos stated that most buildings will be gone located at 6900 / 7005 / 7010 Asbury Road by the end of August with the remaining build- from AG Agricultural District to R-1 Single-ings scheduled for the end of October. Motion Family Residential District. Seconded by Braig. carried 7-0. Bill Bahl, 7005 Asbury Road, spoke in favor of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff re- port. Motion carried 7-0. 168 Regular Session, May 17, 2010 Book 140 RESOLUTION NO. 163-10 Whereas, the City has been working with APPROVAL OF PLANS, SPECIFICATIONS, the Iowa Finance Authority to create a state FORM OF CONTRACT, AND ESTIMATED pool of funding to address the shortage of COST FOR THE BEE BRANCH BUILDING workforce housing; and DECONSTRUCTION PROJECT Whereas, the Iowa Finance Authority has NOW THEREFORE, BE IT RESOLVED established a pool of funds to establish a low BY THE CITY COUNCIL OF THE CITY OF interest loan program to assist in the creation DUBUQUE, IOWA: of workforce housing; and That the proposed plans, specifications, Whereas, the low interest loan program form of contract and estimated cost for the Bee would provide funds to assist Millwork District Branch Building Deconstruction Project, in the projects in creating workforce (120% of area estimated amount $683,733.00, are hereby median income and below) and market rate approved. housing; and th Passed, adopted and approved this 17 Whereas, the City of Dubuque, Iowa is eli- day of May, 2010. gible to apply for funding from the Iowa Roy D. Buol, Mayor Finance Authority. 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 filing of an application to establish a local revolving loan fund for ACTION ITEMS workforce housing is hereby approved. Section 2. That the City Manager is hereby Preliminary Plat – Wild Rose Estates: Zon-directed to submit said application to the Iowa ing Advisory Commission recommending ap-Finance Authority together with such docu- proval of the preliminary plat of Wild Rose Es-ments as may be required. th tates located south of Middle Road in Dubuque Passed, approved, and adopted this 17 County. Motion by Lynch to receive and file the day of May, 2010. documents and approve the recommendation. Roy D. Buol, Mayor Seconded by Connors. Planning Services Attest: Jeanne Schneider, CMC, City Clerk Manage Laura Carstens clarified the City’s jurisdiction within two miles of the city limits Funders’ Network for Smart Growth and and provided information related to the various Livable Communities: City Manager recom- waivers that had been requested by the devel-mending that the City of Dubuque formally join oper. Motion carried 4-3 with Resnick, Voet-the Funders’ Network for Smart Growth and berg and Buol voting nay. Livable Communities. Motion by Connors to receive and file the documents and approve Application for Workforce Housing Fund-the recommendation. Seconded by Resnick. ing: City Manager recommending approval of Motion carried 7-0. the submission of an application to the Iowa Finance Authority for $4.5 million to establish a Water Pollution Control Plant Modifications local revolving loan fund to create work force Agreement for Construction Related Services: and market rate housing in the Historic Mill-City Manager recommending approval of a work District. Motion by Jones to receive and contract with Strand Associates, Inc. to provide file the documents and adopt Resolution No. construction-related services for the Water 164-10 Authorizing the filing of an application Pollution Control Plant Modification Project at with the Iowa Finance Authority (IFA) on behalf an estimated fee not to exceed $5,100,000. of the City of Dubuque to establish a local re-Motion by Jones to receive and file the docu- volving loan fund for workforce and market ments and approve the recommendation. rate housing in the Historic Millwork District. Seconded by Voetberg. Motion carried 7-0. Seconded by Voetberg. Van Milligen clarified the loan process and the City’s financial re-Northern Water Works Supply (NWWS) sponsibility as it relates to the project. Motion Contract for Pilot Energy Households: City carried 7-0. Manager recommending approval of a contract with Northern Water Works Supply (NWWS) to RESOLUTION NO. 164-10 assist in the recruitment of 1,000 pilot house- AUTHORIZING THE FILING OF AN APPLI- holds for the energy portion of the Smarter CATION WITH THE IOWA FINANCE AU- Sustainable Dubuque Initiative. Motion by THORITY (IFA) ON BEHALF OF THE CITY Connors to receive and file the documents and OF DUBUQUE TO ESTABLISH A LOCAL approve the recommendation. Seconded by REVOLVING LOAN FUND FOR WORK- Jones. In response to question from the City FORCE AND MARKET RATE HOUSING IN Council, Information Services Manager Chris THE HISTORIC MILLWORK DISTRICT. Book 140 Regular Session, May 17, 2010 169 Kohlmann provided information on the project. Whereas, said competitive sealed bid pro- th Motion carried 7-0. posals were opened and read on the 6 day of May, 2010; and RAGBRAI: City Manager recommending Whereas, the City Council has deemed it approval of an allocation of $25,000 for RAG-advisable to reject all competitive sealed bid BRAI expenses. Motion by Connors to receive proposals for the Project. and file the documents and approve the rec-NOW THEREFORE, BE IT RESOLVED ommendation. Seconded by Lynch. Motion BY THE CITY COUNCIL OF THE CITY OF carried 7-0. DUBUQUE, IOWA: Section 1. All of the competitive sealed bid th Americans with Disabilities Act: City Man-proposals for the Construction of the 10 and ager transmitting a summary of the statutory Central Parking Ramp and the Fire Headquar- requirements, case law and guidelines which ters Expansion Project are hereby rejected. address the interaction of the Americans with Section 2. The City Clerk is authorized and Disabilities Act and City projects. Motion by instructed to return the bid deposits of the un- th Connors to receive and file the documents. successful bidders for the 10 and Central Seconded by Voetberg. Assistant City Attorney Parking Ramp and the Fire Headquarters Ex- Crenna Brumwell explained potential issues pansion Project. th with future City projects as they relate to the Passed, approved and adopted this 17 ADA compliance. Motion carried 7-0. day of May, 2010 Roy D. Buol, Mayor Tenth and Central Parking Ramp and Fire Attest: Jeanne F. Schneider, CMC, City Clerk Headquarters Expansion Project: City Manag- er recommending that all the bids received for Greater Dubuque Development Corpora- the Tenth and Central Parking Ramp and Fire tion: Communication from Rick Dickinson, Headquarters Expansion Project be rejected. Greater Dubuque Development Corporation, Motion by Connors to receive and file the doc-requesting appointments to the Greater Dubu- uments and adopt Resolution No. 165-10 Re-que Development Corporation Board of Direc- jecting all competitive bid proposals received tors (currently Mayor Roy Buol, City Manager for the construction of the parking ramp at Michael Van Milligen, Economic Development Tenth and Central and expansion of the Fire Director Dave Heiar and City Council Members Headquarters building. Seconded by Braig. Joyce Connors and Kevin Lynch). Motion by Ron Becker, J.P. Cullen & Sons, 330 East Jones to receive and file the documents and Delavan Drive, Janesville, Wisconsin, stated reappoint current members Buol, Connors, that he believed the bid documents were clear-Lynch, Van Milligen, and Heiar. Motion carried ly stated and there were no discrepancies as 7-0. indicated by another contractor. Lindahl stated COUNCIL MEMBER REPORTS that a second contractor is interpreting the documents in a different way, which may be challenged in court and delay the project, add-Voetberg reported on the successful visit ing that the bid documents will be changed for by the delegation from Dornbirn, Austria, who the re-bid. Jones stated that the contractor toured the city over the weekend. Braig elabo- should have asked questions prior to the bid rated on the immigrant connection Dubuque opening. Motion carried 7-0. and Dornbirn share through the Rhomberg family. Buol thanked the Sister City Committee RESOLUTION NO. 165-10 and staff members Kevin Firnstahl and Randy REJECTING ALL COMPETITIVE BID PRO- Gehl for their help. POSALS RECEIVED FOR THE CONSTRUC- TH TION OF THE PARKING RAMP AT 10 AND There being no further business, upon mo- CENTRAL AND THE EXPANSION OF THE tion the City Council adjourned at 8:12 p.m. FIRE HEADQUARTERS BUILDING. Whereas, competitive sealed bid proposals /s/Jeanne F. Schneider, CMC have been submitted by contractors for the City Clerk th construction of the 10 and Central Parking Ramp and the Expansion of the Fire Head- quarters, pursuant to Resolution No. 97-10 and Notice to Bidders published in the Tele- thth graph Herald on the 7 and 9 day of April; the th Des Moines Register on the 7 day of April; th the Madison Journal on the 7 day of April; and 170 Regular Session, June 7, 2010 Book 140 CITY OF DUBUQUE, IOWA munities Assurance Pool: Enterprise for ve- hicle damage; Tri-State Property for property CITY COUNCIL damage. Upon motion the documents were OFFICIAL received, filed and concurred. PROCEEDINGS Acceptance of Warranty Deed – Inland Protein Corporation: City Manager recom- The Dubuque City Council met in regular mending approval of the acceptance of the session at 6:30 p.m. on June 7, 2010 in the warranty deed from Inland Protein Corporation Historic Federal Building. for the purchase of land necessary for the Wa- ter Pollution Control Plant improvements. Present: Mayor Buol, Council Members Upon motion the documents were received Braig, Connors, Jones, Lynch, Resnick, Voet- and filed and Resolution No. 166-10 Accepting berg, Assistant City Manager Steinhauser, City the warranty deed to Lot 2 of Inland Molasses Attorney Lindahl Place No. 2 in the City of Dubuque, Dubuque County, Iowa from Inland Protein Corporation Mayor Buol read the call and stated this is was adopted. a regular session of the City Council to act upon such business that may properly come RESOLUTION NO. 166-10 before the City Council. ACCEPTING THE WARRANTY DEED TO LOT 2 OF INLAND MOLASSES PLACE NO. Pledge of Allegiance 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, FROM INLAND PROTEIN Invocation was provided by Pastor Jay Ilten of CORPORATION St. John's Lutheran Church. Whereas, the City of Dubuque entered into an Acquisition Agreement dated May 19, 2010 PROCLAMATION with American Protein Corporation aka Inland Protein Corporation to purchase Lot 2 of Inland Apples for Children (June and July, 2010) was Molasses Place No. 2 in the City of Dubuque, accepted by Karen Tuecke of St. Mark’s Commu- Dubuque County, Iowa, for the construction of nity Center. certain improvements to the City’s Water Pol- lution Control Plant; and CONSENT ITEMS Whereas, all of the conditions of the Acqui- sition Agreement have been met. 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 Braig. Jones DUBUQUE, IOWA: requested (#18) Veteran’s Memorial Plaza be Section 1. The City Council of the City of held for separate discussion. Motion carried 7- Dubuque, Iowa, hereby approves of, accepts, 0. and consents to the Warranty Deed from In- land Protein Corporation, a copy of which is Minutes and Reports Submitted: Arts and attached hereto. Cultural Affairs Advisory Commission of 4/24; Section 2. The Mayor is hereby authorized City Council of 5/17; Civil Service Commission and directed to execute and acknowledge on of 4/27; Housing Commission of 4/27; Me- behalf of the City of Dubuque any instruments chanical Board of 5/19; Plumbing Board of in connection herewith. 5/12 th Passed, adopted and approved this 7 day Proof of publication of City Council Pro- of June, 2010. ceedings of May 3, 2010 Roy D. Buol, Mayor Official Proceedings of the City Council for Attest: Jeanne F. Schneider, CMC, City Clerk Calendar Year 2009 Upon motion the documents were received Dubuque Racing Association Agreement: and filed. City Manager recommending approval of an amendment to the Lease Agreement between Notice of Claims/Suits: Enterprise for ve- the City of Dubuque and the Dubuque Racing hicle damage; Tri-State Property for property Association. Upon motion the documents were damage; Robert Smith for property damage. received, filed, and approved. Upon motion the documents were received, filed and referred to the City Attorney. Prescott Street Retaining Wall: City Man- ager recommending that the award for the City Attorney advising that the following Prescott Street Retaining Wall Project to claims have been referred to Public Entity Risk Tschiggfrie Excavating, Inc., be officially rec- Services of Iowa, the agent for the Iowa Com- Book 140 Regular Session, June 7, 2010 171 orded in the minutes of the City Council. Upon buque standard specifications, all in a motion the documents were received and filed. manner acceptable to the City Engineer, in conformance with construction improve- Final Plat – Felderman Subdivision: City ment plans approved by the City Engineer, Manager recommending approval of the final and inspected by the City Engineer. plat of Felderman Subdivision as requested by (b) To install sanitary lift station (Lot B) Various Arboretum, LLC (Greg Adams). Upon and force main, sanitary sewer main and motion the documents were received and filed sewer service laterals into each individual and Resolution No. 167-10 Approving final plat lot, water main and water service laterals of Felderman Subdivision in the City of Dubu-into each individual lot, storm sewers and que, County of Dubuque, Iowa, was adopted. catch basins, LED street lighting and ero- sion control devices all in accordance with RESOLUTION NO. 167-10 the City of Dubuque standard specifica- AUTHORIZING APPROVAL OF THE FINAL tions, all in a manner acceptable to the City PLAT OF FELDERMAN SUBDIVISION IN Engineer, and in accordance with construc- THE CITY OF DUBUQUE, IOWA tion improvement plans approved by the Whereas, there has been filed with the City City Engineer, and inspected by the City Clerk a Final Plat of Felderman Subdivision in Engineer. the City of Dubuque, Iowa; and (c) To construct storm water detention Whereas, upon said Final Plat appears a facilities (Lot C), including access thereto, street to be known as Arboretum Court (Lot A) in a manner acceptable to the City Engi- together with certain public utility, storm sewer, neer, in accordance with the City of Dubu- easements, sanitary lift station (Lot B), and que standard specifications approved by storm water detention facility (Lot C) which the the City Engineer, and inspected by the owner by said Final Plat has dedicated to the City Engineer. public forever; and (d) To construct sidewalk along Arbore- Whereas, the preliminary plat has been tum Court frontage of Lot B in accordance examined by the Zoning Advisory Commission with City of Dubuque Standards and speci- and had its approval endorsed thereon; and fications. Whereas, said Final Plat has been re-(e) To construct said improvements, viewed by the City Planner and had her ap-prior to the two (2) years from the date of proval endorsed thereon; subject to the own-acceptance of this resolution, at the sole er’s agreeing to the conditions noted in Section expense of the owners, or future owner. 3 below; and (f) To maintain the public improve- Whereas, said Final Plat has been ex-ments, for a period of two (2) years from amined by the City Council and they find that it the date of the acceptance of those im- conforms to the statutes and ordinances relat-provements by the City Council of the City ing to it, except that streets and public utilities of Dubuque, Iowa, at the sole final expense have not yet been completely constructed or of the owners, or future owner; installed. And, further provided that Arbore- NOW THEREFORE, BE IT RESOLVED tum Development, LLC, as owner of said BY THE CITY COUNCIL OF THE CITY OF property, shall secure the performance of DUBUQUE, IOWA: the foregoing conditions provided in this Section 1. That the dedication of Arbore-Section by providing guarantees in such tum Court (Lot A), sanitary lift station (Lot B), form and with such sureties as may be ac- and the easements for public utilities, sanitary ceptable to the City Manager of the City of and storm sewer as they appear on said Final Dubuque, Iowa. Plat, be and the same are hereby accepted; Section 3. Sidewalk installation shall be the and responsibility of the owner abutting the public Section 2. That the Final Plat of Felderman rights-of-way, including lots with multiple fron- Subdivision is hereby approved by the Mayor tages, as required by City Code 41-100 and and City Clerk are hereby authorized and di-42-24. rected to endorse the approval of the City of Section 4. The owner must continue to own Dubuque, Iowa, upon said Final Plat, provided and maintain Lot C and stormwater detention the owners of said property herein named, facility until (1) the facility has been fully com- execute their written acceptance hereto at-pleted, (2) 80% of the platted lots in Felderman tached agreeing: Subdivision, and subdivisions thereof have (a) To reduce Arboretum Court (Lot A) been fully developed, and (3) adequate ero- to grade and to construct a longitudinal sion control measures, as approved by the sub-drain system, concrete curb and gutter City have been installed on the remaining 20% and to hard surface with asphaltic con-of the lots. Acceptance of Lot C and the deten- crete, or with concrete paving with integral tion facility must be by the City Council as re- curb, all in accordance with the City of Du-quired by the Unified Development Code. 172 Regular Session, June 7, 2010 Book 140 Upon the City’s acceptance of the detention grant. Upon motion the documents were re- facility, the inspection, administrative and ceived and filed and Resolution No. 168-10 maintenance expenses incurred by the City of Approving the contract for administration of an Dubuque for the storm water detention facility Economic Development Administration Grant (Lot C) shall be assessed against the lot own-to the East Central Intergovernmental Associa- ers of Felderman Subdivision as indicated tion was adopted. above, and the preliminary plat, in proportion RESOLUTION NO. 168-10 to the acreage of each lot, excluding Lots A, B APPROVING THE CONTRACT FOR ADMIN- and C, and the City Manager shall certify such ISTRATION OF AN ECONOMIC DEVELOP- costs to the City Clerk, who in turn shall MENT ADMINISTRATION GRANT TO EAST promptly certify such costs to the Dubuque CENTRAL INTERGOVERNMENTAL ASSO- County Treasurer, and such costs shall then CATION be collected with and in the same manner as general property taxes in accordance with pro-Whereas, the City of Dubuque, Iowa, is a visions of law. party to the Agreement creating the East Cen- Section 5. Owners of Lots 7, 8, 9, 10, 11, tral Intergovernmental Association (hereinafter 12, 13 and 14 shall construct and maintain called the ECIA) and is a member in good permanent rain gardens in accordance with standing; and the subdivision improvement plans on file with Whereas, the City of Dubuque, Iowa, wish- the City Engineer, in accordance with design es to engage the ECIA to provide certain tech- standards for rain gardens in Iowa, and in a nical and professional services for grant ad- manner acceptable to the City Engineer. Said ministration of the City of Dubuque’s Economic lot owners shall allow access to the City of Development Administration Public Works Dubuque for inspections of the rain gardens. Grant; and Section 6. That the planting of street trees Whereas, Articles II, III (12), and VII (2) shall be coordinated with the City Forester. and (3) of the Articles of Agreement of the Any trees planted within the street right-of-way East Central Intergovernmental Association must be chosen and planted by the City of gives the ECIA the authority to perform servic- Dubuque Leisure Services Department. es under consideration. Section 7. That the final acceptance of the NOW, THEREFORE, BE IT RESOLVED public improvements shall occur upon certifica-BY THE CITY COUNCIL OF THE CITY OF tion of the City Engineer to the City Council DUBUQUE, IOWA: that the public improvements have been com-Section 1. The East Central Intergovern- pleted in accordance with the approved im-mental Association is hereby authorized to provement plans and City standards and spe-provide staff assistance as prescribed in the cifications and accepted by City Council Reso-attached Contract for Services and Scope of lution. Services in an amount not to exceed $1,500 Section 8. That in the event Arboretum De-for fiscal years FY2010 through FY2012 end- velopment, LLC, fails to execute the accep-ing June 30, 2012. tance and furnish the guarantees provided in Section 2. The Mayor is hereby allowed to Sections 2 and 3 hereof within 180 days after sign the award on behalf of the City. th the date of this Resolution, the provisions he-Passed, approved and adopted this 7 day reof shall be null and void and the acceptance of June, 2010. of the dedication and approval of the plat shall Roy D. Buol, Mayor not be effective. Attest: Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted this 7 day of June, 2010. Continuation of Free Ride Program with Roy D. Buol, Mayor Dubuque Community Schools: City Manager Attest: Jeanne F. Schneider, CMC, City Clerk recommending approval of the continuation of the Free Ride Program with Dubuque Com- DuRide Contract: City Manager recom-munity Schools. Upon motion the documents mending approval of an agreement with Du-were received, filed, and approved. Ride to provide alternative transportation to senior citizens for Fiscal Year 2011. Upon mo-Snow and Ice Removal Assessments: City tion the documents were received, filed, and Manager recommending approval to certify approved. snow and ice removal charges to the Dubuque County Treasurer in order to establish real East Central Intergovernmental Associa-property liens for collection of such charges. tion: City Manager recommending approval of Upon motion the documents were received a $1,500 contract with East Central Intergo-and filed and Resolution No. 169-10 Authoriz- vernmental Association for grant administra-ing the City to collect delinquent snow and ice tion services for the $1.5 million U.S. Econom-removal and garbage collection charges in ic Development Administration parking ramp accordance with Title 6-6-3C2o; Title 6-6-4B3 Book 140 Regular Session, June 7, 2010 173 and Title 6-6B of the Code of Ordinances of Secretary of Housing & Urban DVT WA the City of Dubuque, Iowa, was adopted. DC, C/O Bank of America, 7105 Corporate Drive Ptx-C-35, Plano TX 75024, 10-24-128- RESOLUTION NO. 169-10 013, Lot 2-40 Tivoli Add, $595.00 AUTHORIZING THE CITY TO COLLECT DE- State Central Bank, 1805 Kennedy Road, LINQUENT SNOW AND ICE REMOVAL AND Dubuque IA 52001, 10-24-256-001, N 26’5” – GARBAGE COLLECTION CHARGES IN N 2/5 of City Lot 436, $95.00 ACCORDANCE WITH TITLE 6-6-3C2o; Judge Real Estate LLC, 605 Bluff Street TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE #132, Dubuque IA 52001, 10-14-229-016, Lot OF ORDINANCES OF THE CITY OF DUBU- 1 Linehan Park Add, $85.00 QUE, IOWA Nathan Boyes, 14130 Cypress Point, Du- Whereas, residential properties in the City buque IA 52002, 10-25-378-004, S 90’ of Lot of Dubuque are considered substandard if any 61 Union Add 977-979 Cleveland Ave, $65.00 conditions exist to an extent that endanger life, Clara Craig Finger, 1955 Clarke Dr, Dubu- limb, property, safety or welfare of the public or que IA 52001, 10-23-329-021, Lot 2-1-1-1-1 the occupants thereof; and Smyths Sub, $50.00 Whereas, whenever in the judgment of the Secretary of Housing & Urban Devel., C/O Housing officer, a nuisance that is “palpably Best Assets Inc., 501 Marquette Ave Suite and indisputably such” exists which requires 1200, Minneapolis MN 55402, 10-24-129-012, immediate action to protect the public health, Lot 18 Tivoli Add 2224-2226 Francis, $100.00 safety or welfare of the public, the Housing Edward Karwoski, 1504 Jackson Street, Officer may order the emergency abatement of Dubuque IA 52001, 10-24-281-006, East Du- such; and buque Add S ½-45, $107.00 Whereas, delinquent snow and ice removal John Walters Jr., 2840 Burlington St, Du- and garbage collection charges shall be certi-buque IA 52001, 10-14-428-011, Lot 2 Rachel fied by the City Clerk to the Dubuque County C Sullivan Pl, $180.00 Treasurer for collection with, and in the same Tanya L Avenarius, 2015 Washington manner as general property taxes. Street, Dubuque IA 52001, 10-24-214-019, N NOW, THEREFORE BE IT RESOLVED 46’-Lot 20 Steiner’s Add, $150.00 BY THE CITY COUNCIL OF THE CITY OF Deutsche Bank Natl Tr Co, Litton Loan DUBUQUE, IOWA: Servicing LP, 4828 Loop Central Drive, Hou- Section 1. That the persons hereinafter, ston TX 77081, 10-13-159-007, Lot 1-103 owning the properties set forth, are delinquent Glendale Add, $160.00 in the payment of snow and ice removal and BRP Properties LLC, 8505 Southern Hills garbage collection charges: Court, Dubuque IA 52003, 10-24-385-001, N NAME AND ADDRESS; PROPERTY DE- ½ of Lot 13 N ½ of Lot 14 Farley Sub, $155.00 SCRIPTION; AMOUNT Five Star Realty Investments LLC, 1911 HSBC Mortgage Corporation, HSBC Mort-Hummingbird Drive, Dubuque IA 52002, 10- gage Services, 636 Grand Regency Blvd, 25-104-017, Lot 7 of City Lot 738, $110.00 Brandon FL 33510, 10-24-426-020, Lot 73 Freedom Properties LLC, 3500 Dodge East Dubuque Add, $200.00 Street #101, Dubuque IA 52003, 10-26-251- Mid-America Property Management LLC, 023, Lot 17 Hodges Sub, $100.00 604 Clinton Drive, East Dubuque IL 61025, 10-Joseph A Puccio, 111 Kelly Lane, Galena 24-437-001, N 2/3 Lot 197 East Dubuque Add IL 61036, 10-24-263-018, N 2’ ½ of Lot 89 & N 1292-1298 Elm, $254.00 ½ of Lot 89 East Dubuque Add, $65.00 GMAC Mortgage LLC, 1100 Virginia Drive, Empress Enterprises LLC, 199 New Mont- Fort Washington PA 19034, 15-01-178-013, gomery St #706, San Francisco CA 94105, 10- Lot 1-6 Min Lot 501, $387.40 24-403-017, Lot 1 of Winner Place, $110.00 Citimortgage Inc, Successor IN Int To Abn CNI Properties LLC, 424 West Locust St, Mortg, 1000 Technology Dr MS 314, O’Fallon Dubuque IA 52001, 10-24-338-017, Lot 1-2- MO 63368, 10-24-278-007, S ½ of Lot 111 City Lot 667 & 2-2-2 of City Lot 667, $65.00 East Dubuque Add, $385.00 Mid-America Property Management LLC, Original Resource Inc, 4848 San Felipe 820 Alpine Street, Dubuque IA 52001, 10-24- Road #150-222, San Jose CA 95135, 10-24-385-013, Lot 1-W ½ of Lot 17 Farleys Sub, 263-002, S ½ Lot 32 East Dubuque Add, $160.00 $435.00 CNI Properties LLC, 424 West Locust St, Dubuque Properties LLC, 1805 State Dubuque IA 52001, 10-24-336-002, S ½ of N Street Suite 103, Bettendorf, IA 52722, 10-24-1/5 of City Lot 474 & N 3’ of NM 1/5 of City Lot 215-001, W 59’ of S 42’ of Lot 1-97 L H Lang-474, $145.00 worthy’s Add 2076-2078 Washington, $440.00 William J & Joyce M Glasson, 9503 West Scott A Runde, P O Box 704, Cuba City WI Furlong Road, Galena IL 61036, 10-13-453- 53807, 10-24-403-009, E ½-S 88’-E ½-S 2/5 of 011, N 30’ Lot 39 Staffords Add, $387.00 th City Lot 454 35-35 ½ W 15 St, $680.00 174 Regular Session, June 7, 2010 Book 140 French Market Estates LC, 3500 Dodge St shall be certified by the City Clerk to the Du- #387, Dubuque IA 52003, 10-24-208-004, N buque County Treasurer for collection with, ½-W ½-Lot 38 L H Langworthy’s Add 2136-and in the same manner as general property 2136 ½ White, $75.00 taxes. Seven Hills Development Inc, 2955 St NOW, THEREFORE BE IT RESOLVED Anne Drive, Dubuque IA 52001, 10-25-109-BY THE CITY COUNCIL OF THE CITY OF th 069, Lot 2 Proctors Sub 917-919 W 5 St, DUBUQUE, IOWA: $100.00 Section 1. That the persons hereinafter, BRP Properties LLC, 8505 Southern Hills owning the properties set forth, are delinquent Court, Dubuque IA 52003, 10-26-232-003, Lot in the payment of vacant and abandoned 1-58 in S M Langworthy’s Add 1158-1160 Uni-building and problem property charges: NAME AND ADDRESS; PROPERTY DE- versity, $90.00 SCRIPTION; AMOUNT Section 2. That the City Clerk be and is he- reby ordered and directed to certify to the Scott A Runde, P O Box 704, Cuba City WI County Treasurer of Dubuque County, Iowa, 53807, 10-24-403-009, E1/2-S 88’-E ½-S 2/5 th that the persons named hereinbefore are de-of City Lot 454 35-35 ½ W 15 St, $60.00 linquent in the payment of snow and ice re-Susan M & Gary E Bay, 80 West Dewey moval and garbage collection charges in the Street, Platteville WI 53818, 10-24-257-016, N amount set aside of the respective names, and ½ S 1/5 of City Lot 490, $1,335.40 that said amounts shall be collected in the L&R Estates LLC, 112 Parkway Circle, De- same manner as general property taxes lano MN 55328, 10-25-130-018, Lot 2-1-1-16 against the respective parcels of property set & Lot 2-1-16 Kellys Sub, $75.40 opposite the names of the owners. Mary K & Todd R Hollenback, 3248 Bit- th Passed, approved and adopted this 7 day tersweet Lane, Dubuque IA 52001, 10-13-157- of June, 2010. 005, W 85’ of S ½ of E 170’ of Lot 350 Davis Roy D. Buol, Mayor Farm Add, $100.80 Attest: Jeanne F. Schneider, CMC, City Clerk Antonio Conley, 2512 Broadway Street, Dubuque IA 52001, 10-13-431-012, Lot 1-1-37 Vacant and Abandoned Buildings (VABs) Althausers Sub, $100.00 and Problem Property Assessments: City Section 2. That the City Clerk be and is he- Manager recommending approval of vacant reby ordered and directed to certify to the and abandoned building and problem property County Treasurer of Dubuque County, Iowa, assessments. Upon motion the documents that the persons named hereinbefore are de- were received and filed and Resolution No. linquent in the payment of vacant and aban- 170-10 Authorizing the City to collect delin-doned building and problem property charges quent vacant and abandoned building and in the amount set aside of the respective problem property charges in accordance with names, and that said amounts shall be col- Title 6-6-3B1h; Title l6-6-4B3 and Title 6-6B of lected in the same manner as general property the Code of Ordinances of the City of Dubu-taxes against the respective parcels of proper- que, Iowa, was adopted. ty set opposite the names of the owners. th Passed, approved and adopted this 7 day RESOLUTION NO. 170-10 of June, 2010. AUTHORIZING THE CITY TO COLLECT DE- Roy D. Buol, Mayor LINQUENT VACANT AND ABANDONED Attest: Jeanne F. Schneider, CMC, City Clerk BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE Eide Bailly Audit Agreement: City Manager 6-6-3B1h; TITLE 6-6-4B3 & TITLE 6-6B OF advising that the Eide Bailly Audit Engagement THE CODE OF ORDINANCES OF THE CITY Letter has been signed for the fiscal year end- OF DUBUQUE, IOWA ing June 30, 2010. Upon motion the docu- Whereas, residential properties in the City ments were received and filed. of Dubuque are considered hazardous or un- sanitary premises if vacant and abandoned 2010 Justice Assistance Grant (JAG) Ap- buildings and problem properties are allowed plication: City Manager recommending ap- to deteriorate according to 6-6-3B1h; and proval of the 2010 Justice Assistance Grant Whereas, whenever in the judgment of the (JAG) application. Upon motion the documents Housing officer, a nuisance that is “palpably were received, filed, and approved. and indisputably such” exists which requires immediate action to protect the public health, Health Choices Administrative Services safety or welfare of the public, the Housing Fee: City Manager recommending approval of Officer may order the emergency abatement of the renewal fee from Health Choices for the such; and City’s health insurance plan. Upon motion the Whereas, delinquent vacant and aban-documents were received, filed, and approved. doned building and problem property charges Book 140 Regular Session, June 7, 2010 175 Joint Development Agreement – Interna-May 14, 2010 tional Business Machines: City Manager re-Honorable Mayor and commending approval of Amendment #2 to the Members of the City Council Joint Development Agreement between the In accordance with Chapter 400 of the City of Dubuque and International Business Code of Iowa, an examination for the position Machines Corporation to conform the Joint of Truck Driver was given on April 27, 2010. Development Agreement to language in the We hereby certify that the individuals listed on final contract between the City and the Iowa the attached sheet have passed this written Power Fund Board. Upon motion the docu-examination and the vacancy for this position ments were received, filed, and approved. should be made from this list and that this list is good for two (2) years from above date. Bosserman Aviation Equipment, Inc. – Air-Respectfully submitted, port Settlement: Assistant City Attorney re-Daniel White, Chairperson commending approval of the settlement of the Bette Takes claim with Bosserman Aviation Equipment, Inc. Civil Service Commission regarding installation of a self-fueling system Truck Driver for the Airport. Upon motion the documents were received, filed, and approved. Jon Herrig Mark Culbertson Bandon Rondeau Jay Valentine Funders’ Network for Smart Growth and David Jackson Dale Mueller Livable Communities: City Manager submitting Ed Manternach Jesse Begle the complete memo regarding the Funders’ Richard Tomkins Rick Dougherty Network for Smart Growth and Livable Com-Daniel Mayne Frank Kulpa munities which the City Council approved at Matt Kremer Chris Oberbroeckling th the May 17 City Council meeting. Upon mo-Tim Neuhaus Marty Gibbs tion the documents were received and filed. Charles Wehrspann Chris Reinert Tim Lawler Steven Dunne Veterans Memorial Plaza: Communication Joseph Schmitt Scott Nicks from Richard E. Goebel regarding the Veter-Nicholas Hosch John Greenwood ans Memorial Plaza. Motion by Jones to re-Jesse Gaherty Corey Leach ceive and file the documents and refer to the Brian Kelly Nicholas Wilson City Manager. Seconded by Connors. Motion Mike Sears Steve Haggerty carried 7-0. DeVon Welty Jason Eudaley Drew Noel Patrick Donovan Music on the March: Communication from Lucas Gonyier David Johnson Greg Orwoll, Executive Director – Colts Drum Bruce Henning Donald Menadue and Bugle Corps, requesting an exemption Samuel Moore Jeff Steur from the noise ordinance and any enforcement Jerry Powers Raymond Behnke of residential parking permit rules in and Richard Hartman Nicholas Connolly th around Senior High School on June 30 and Michael Rettenberger th August 8 for the Music on the March Shows. Upon motion the documents were received, City Development Board: Communication filed, and approved. from the City Development Board submitting the Filing of Written Decision and Findings of Board and Commission Resignations: Fact and Conclusions of Law and Determina- Communication from Beverly A. Kolz submit-tion in the matter of the City of Asbury volunta- ting her resignation from the Carnegie-Stout ry annexation within the urbanized area of the Public Library Board of Trustees. City of Dubuque. Upon motion the documents Communication from Jim Allan submitting were received and filed. his resignation from the Human Rights Com- mission. Highway 151 & 61 Development – Setting Communication from Susan M. Balsamo Fair Market Value: City Manager recommend- submitting her resignation from the Civic Cen-ing approval of the fair market value for prop- ter Commission. erty owned by Highway 151 & 61 Develop- Upon motion the documents were received ment, LLC, for the Bee Branch Creek Restora- and filed and the resignations accepted. tion Project. Upon motion the documents were received and filed and Resolution No. 171-10 Civil Service Commission: Civil Service Establishing the fair market value of certain Commission submitting the certified list for the real property owned by Highway 151 & 61 position of Truck Driver. Upon motion the doc-Development, LLC, was adopted. ument was received and filed and made a Mat- ter of Record. 176 Regular Session, June 7, 2010 Book 140 RESOLUTION NO. 171-10 the stormwater conveyance associated with ESTABLISHING THE FAIR MARKET VALUE the restoration of the Bee Branch Creek; and OF CERTAIN REAL PROPERTY OWNED BY Whereas, Iowa law requires that City must HWY 151 & 61 DEVELOPMENT, LLC IN THE make a good faith effort to negotiate with the CITY OF DUBUQUE, IOWA Owner to purchase the Property before pro- Whereas, the City of Dubuque (City) in-ceeding with condemnation; and tends to acquire certain real property owned Whereas, City has caused an appraisal of by Hwy 151 & 61 Development, LLC (Owner), the property to be made and the appraised legally described as follows (the Property): Lot value of the property is $35,000.00; and B of Riverview Plaza, in the City of Dubuque, Whereas, the City Council now desires to Dubuque County, Iowa, as shown on Exhibit A establish the fair market value of the property. attached hereto for the purpose of the storm-NOW, THEREFORE, BE IT RESOLVED water conveyance associated with the restora-BY THE CITY COUNCIL OF THE CITY OF tion of the Bee Branch Creek; and DUBUQUE, IOWA: Whereas, Iowa law requires that City must 1. The fair market value of the Property is make a good faith effort to negotiate with the hereby established to be $35,000.00. Owner to purchase the Property before pro-2. The City Manager is hereby authorized ceeding with condemnation; and to commence negotiations with the Owner of Whereas, City has caused an appraisal of the Property and any other interested parties the property to be made and the appraised for the purchase of the Property for a purchase value of the property is $300,000.00; and price which is not less than the fair market Whereas, the City Council now desires to value established by this resolution. th establish the fair market value of the property. Passed, approved and adopted this 7 day NOW, THEREFORE, BE IT RESOLVED of June, 2010. BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk 1. The fair market value of the Property is hereby established to be $300,000.00. Letter of Support for Harkin Wellness 2. The City Manager is hereby authorized Grant: City Manager recommending approval to commence negotiations with the Owner of of a letter of support for the Dubuque County the Property and any other interested parties Board of Health’s application for a Harkin for the purchase of the Property for a purchase Wellness Grant. Upon motion the documents price which is not less than the fair market were received, filed, and approved. value established by this resolution. th Passed, approved and adopted this 7 day COPS Grant Application: City Manager re- of June, 2010. commending approval of a Community Roy D. Buol, Mayor Oriented Policing Services (COPS) Hiring Re- Attest: Jeanne F. Schneider, CMC, City Clerk covery Grant application for the purpose of obtaining grant funding for four police officer SB Development – Setting Fair Market positions. Upon motion the documents were Value: City Manager recommending approval received, filed, and approved. of the establishment of the fair market value for property owned by SB Development for the Signed Contracts: Northern Illinois Univer- Bee Branch Creek Restoration Project. Upon sity – Crime/Poverty Research Study. Upon motion the documents were received and filed motion the documents were received and filed. and Resolution No. 172-10 Establishing the fair market value of certain real property Liquor License Applications: City Manager owned by SB Development, LLC in the City of recommending approval of annual liquor li- Dubuque, Iowa, was adopted. cense renewals as submitted. Upon motion the documents were received and filed and Reso- lution No. 173-10 Granting the issuance of a RESOLUTION NO. 172-10 Class “C” Beer Permit to Beecher Beverage, ESTABLISHING THE FAIR MARKET VALUE McCann’s Service, Cedar Cross Amoco, Kwik OF CERTAIN REAL PROPERTY OWNED BY Star #495 and Kmart #4018; and Resolution SB DEVELOPMENT, LLC IN THE CITY OF No. 174-10 Granting the issuance of a Class DUBUQUE, IOWA “C” Beer/Liquor License to Dubuque Bowling Whereas, the City of Dubuque (City) in-Lanes, Murph’s South End and Los Aztecas; a tends to acquire certain real property owned Class “B” Wine Permit to Kmart #4018 and by SB Development, LLC (Owner), legally de-Beecher Beverage; a Special Class “C” (Five scribed as follows (the Property): Lot 1-354 Day Special Event) Beer/Liquor License to East Dubuque Addition, in the City of Dubu-Dubuque Jaycees; and a Class “BW” (Five que, Dubuque County, Iowa, as shown on Day Special Event) Liquor License to Dubuque Exhibit A attached hereto for the purpose of Jaycees were adopted. Book 140 Regular Session, June 7, 2010 177 RESOLUTION NO. 173-10 Dubuque Jaycees, Dubuque Jay- Whereas, applications for Beer Permits cees+(Sunday Sale), Bell Street have been submitted and filed to this Council SPECIAL CLASS “C” (BW) LIQUOR (5-DAY for approval and the same have been ex-SPECIAL EVENT LICENSE) amined and approved: and Dubuque Jaycees, Dubuque Jaycees, Whereas, the premises to be occupied by Town Clock Plaza such applicants were inspected and found to Passed, approved and adopted this 7th comply with the Ordinances of the City and day of June, 2010 have filed proper bonds. Roy D. Buol, Mayor NOW, THEREFORE, BE IT RESOLVED Attest: Jeanne F. Schneider, CMC, City Clerk BY THE CITY COUNCIL OF THE CITY OF ITEMS TO BE SET FOR PUBLIC HEARING DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Motion by Lynch to receive and file the Beer Permit. documents, adopt the resolutions, set the pub- CLASS “C” BEER PERMIT lic hearings as indicated, and direct the City Beecher Co., Inc., Beecher Beverage Clerk to publish notice as prescribed by law. +(Sunday Sale), 1691 Asbury Road Seconded by Voetberg. Motion carried 7-0. McCann’s Service, Inc., McCann’s Service +(Sunday Sale), 690 W. Locust Street Loan Agreement with Iowa Finance Au- LB Metcalf, Inc., Cedar Cross Amoco thority: City Manager recommending that a +(Sunday Sale), 1200 Cedar Cross public hearing be set for June 21, 2010 to con- Kwik Trip, Inc., Kwik Star #495 +(Sunday sider a loan agreement with the Iowa Finance Sale), 2685 Dodge Street Authority for $4.5 million to create workforce Kmart Corporation, Kmart # 4018 housing rental units in the Historic Millwork +(Sunday Sale), 2600 Dodge Street District. Upon motion the documents were Passed, approved and adopted this 7th day of received and filed and Resolution No. 175-10 June, 2010 Fixing date for a meeting on the authorization Roy D. Buol, Mayor of a loan agreement with the Iowa Finance Attest: Jeanne F. Schneider, CMC, City Clerk Authority in the principal amount of $4,500,000 and providing for publication of notice thereof RESOLUTION NO. 174-10 was adopted setting a public hearing for a Whereas, applications for Liquor Licenses meeting to commence at 6:30 p.m. on June have been submitted to this Council for ap-21, 2010 in the Historic Federal Building. proval and the same have been examined and RESOLUTION NO. 175-10 approved; and FIXING DATE FOR A MEETING ON THE Whereas, the premises to be occupied by AUTHORIZATION OF A LOAN AGREEMENT such applicants were inspected and found to WITH THE FINANCE AUTHORITY IN THE comply with the State Laws and all City Ordin- PRINCIPAL AMOUNT OF $4,500,000, AND ances relevant thereto and they have filed PROVIDING FOR PUBLICATION OF NO- proper bonds. TICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, it is deemed necessary and ad- DUBUQUE, IOWA: visable that the City of Dubuque, State of That the Manager be authorized to cause Iowa, should provide for the authorization of a to be issued the following named applicants a Loan Agreement in the amount of $4,500,000, Liquor License. as authorized by Sections 384.24A and CLASS “C” BEER/LIQUOR LICENSE 384.25, Code of Iowa, as amended, for the James Ferring, Dubuque Bowling Lanes purpose of providing funds to pay costs of car- +(Sunday Sale), 1029 ½ Main Street rying out an essential corporate purpose Pamela Murphy, Murph’s South End, 55 project as hereinafter described; and Locust Street Whereas, the Loan Agreement shall be Hildalgo, Inc., Los Aztecas III Mexican payable from the Debt Service Fund; and Restaurant +(Sunday/Outdoor Sale), 2345 NW Whereas, before a Loan Agreement may Arterial be authorized and to evidence the obligation of CLASS “B” WINE the City thereunder, it is necessary to comply Kmart Corporation, Kmart # 4018, 2600 with the provisions of the City Code of Iowa, as Dodge Street amended, and to publish a notice of the pro- Beecher Beverage, Beecher Beverage, posal and of the time and place of the meeting 1691 Asbury Road at which the Council proposes to take action CLASS “C” BEER/LIQUOR (5-DAY SPECIAL for the authorization of the Loan Agreement EVENT LICENSE) and to receive oral and/or written objections 178 Regular Session, June 7, 2010 Book 140 from any resident or property owner of the City to commence at 6:30 p.m. on June 21, 2010 in to such action. the Historic Federal Building. NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 176-10 BY THE CITY COUNCIL OF THE CITY OF FIXING THE DATE FOR A PUBLIC HEAR- DUBUQUE, STATE OF IOWA: ING OF THE CITY COUNCIL OF THE CITY Section 1. That this Council meet in the OF DUBUQUE, IOWA, ON THE PROPOSED Historic Federal Building, 350 West 6th Street, st ISSUANCE OF URBAN RENEWAL TAX IN- Dubuque, Iowa, at 6:30 o'clock PM, on the 21 CREMENT REVENUE OBLIGATIONS AND day of June, 2010 for the purpose of taking THE EXECUTION OF A DEVELOPMENT action on the matter of the authorization of a AGREEMENT RELATING THERETO WITH Loan Agreement with the Iowa Finance Au- THE VICTORY CAFE - DUBUQUE, INC., thority in the amount of $4,500,000 to evi- AND PROVIDING FOR THE PUBLICATION dence the obligations of the City thereunder for OF NOTICE THEREOF an essential corporate purpose of the City, the proceeds of which will be used to pay costs of Whereas, City and The Victory Cafe – the funding of workforce housing assistance Dubuque, Inc., have entered into a Development loans to private developers constructing im-Agreement, subject to the approval of the City provements and rehabilitating historic buildings Council, a copy of which is now on file at the th for residential and commercial use in the Office of the City Clerk, City Hall, 13 and Greater Downtown Urban Renewal Area. Central Avenue, Dubuque, Iowa, as shown on Section 2. To the extent any of the projects Exhibit A attached hereto; and or activities described in this resolution may be Whereas, the City Council has tentatively reasonably construed to be included in more determined that it would be in the best interests than one classification under Division III of the of the City to approve the Development City Code of Iowa, the Council hereby elects Agreement, with The Victory Cafe – Dubuque, the "essential corporate purpose" classification Inc. ; and and procedure with respect to each such Whereas, it is deemed necessary and ad- project or activity, pursuant to Section 384.28 visable that City should authorize Urban Re- of the City Code of Iowa. newal Tax Increment Revenue obligations, as Code of Iowa Section 3. That the Clerk is hereby directed provided by Chapter 403 of the, to cause at least one publication to be made of and to enter into the Development Agreement a notice of the meeting, in a legal newspaper, relating thereto for the purpose of carrying out printed wholly in the English language, pub-an Urban Renewal Plan as hereinafter de- lished at least once weekly, and having gener-scribed; and al circulation in the City. The publication to be Whereas, before said obligations may be Code of Iowa not less than four clear days nor more than approved, Chapter 403 of the twenty days before the date of the public meet-requires that the City Clerk publish a notice of ing on the issuance of the Loan Agreement. the proposal and of the time and place of the Section 4. The notice of the proposed ac-meeting at which the City Council proposes to tion shall be in substantially the [provided] take action thereon and at which meeting the form. City Council shall receive oral and/or written Passed and approved this objections from any resident or property owner th 7 day of June, 2010. of said City to such proposed action. 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: Victory Café – Development Agreement: Section 1. The City Clerk is hereby autho- City Manager recommending that a public rized and directed to cause this Resolution and hearing be set for June 21, 2010 to consider a notice to be published as prescribed by Iowa approval of a Development Agreement be-Code Section 403.9 of a public hearing on the tween the City and Victory Café – Dubuque, City's intent to authorize Urban Renewal Tax Inc., to redevelop property at 756 Main Street. Increment Revenue obligations, to be held on st Upon motion the documents were received the 21 day of June, 2010, at 6:30 o'clock p.m. and filed and Resolution No. 176-10 Fixing the in the City Council Chambers at the Historic date for a public hearing of the City Council of Federal Building, 350 W. 6th St., Dubuque, the City of Dubuque, Iowa, on the proposed Iowa. issuance of Urban Renewal Tax Increment Section 2. The City Council will meet at Revenue Obligations and the execution of a said time and place for the purpose of taking Development Agreement relating thereto with action on the matter of authorizing Urban Re- the Victory Café – Dubuque, Inc., and provid-newal Tax Increment Revenue obligations and ing for the publication of notice thereof was the execution of the Development Agreement adopted setting a public hearing for a meeting relating thereto with The Victory Cafe – Dubu- que, Inc., the proceeds of which obligations will Book 140 Regular Session, June 7, 2010 179 be used to carry out certain of the special fi-Project, in the estimated amount $97,584.63, nancing activities described in the Urban Re-are hereby preliminarily approved and ordered newal Plan for the Greater Downtown Urban filed in the office of the City Clerk for public Renewal District, consisting of the funding of inspection. st economic developments grants to The Victory A public hearing will be held on the 21 Cafe – Dubuque, Inc., pursuant to the Devel-day of June, 2010 at 6:30 p.m. in the Historic opment Agreement under the terms and condi-Federal Building Council Chambers at which tions of said Urban Renewal Plan. It is ex-time interested persons may appear and be pected that the aggregate amount of the Tax heard for or against the proposed plans and Increment Revenue obligations is approx-specifications, form of contract and estimated imately $106,000. cost of said Project, and the City Clerk be and Section 3. The Clerk is hereby directed to is hereby directed to cause the attached notice cause at least one publication to be made of a of the time and place of such hearing to be notice of said meeting, in a newspaper, printed published in a newspaper having general cir- wholly in the English language, published at culation in the City of Dubuque, Iowa, which least once weekly, and having general circula-notice shall be published not less than four tion in said City, said publication to be not less days nor more than twenty days prior to the than four days nor more than twenty days be-date of such hearing. At the hearing, any inter- fore the date of said meeting on the issuance ested person may appear and file objections to of said obligations. the proposed plans, specifications, form of Section 4. That the notice of the proposed contract, or estimated cost of the Project. action to issue said obligations shall be in sub-The Dubuque Regional Airport Jet Center stantially the form [provided] hereto. Drive Resurfacing Project is hereby ordered to th Passed, approved and adopted this 7 day be advertised for bids for construction. of June, 2010. 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- ders hereby approved. Dubuque Regional Airport – Jet Drive Re-The City Clerk is hereby directed to adver- surfacing Project: City Manager recommend-tise for bids for the construction of the im- ing initiation of the public bidding process for provements herein provided, by publishing the the Dubuque Regional Airport – Jet Drive Re-attached Notice to Bidders to be published in a surfacing Project and that a public hearing be newspaper having general circulation in the set for June 21, 2010 to consider approval of City of Dubuque, Iowa, which notice shall be the plans and specifications, form of contract published not less than four but not more than and estimated cost. Upon motion the docu-forty-five days before the date for filing bids th ments were received and filed and Resolution before 2:00 p.m. on the 24 day of June, 2010. No. 177-10 Preliminary approval of plans, spe-Bids shall be opened and read by the City cifications, form of contract, and estimated Clerk at said time and will be submitted to the cost, setting date of public hearing and order-City Council for final action at 6:30 p.m. on the th ing bids for the Dubuque Regional Airport – Jet 6 day of July, 2010, in the Historic Federal Drive Resurfacing Project was adopted setting Building Council Chambers (second floor), 350 th a public hearing for a meeting to commence at West 6 Street, Dubuque, Iowa. th 6:30 p.m. on June 21, 2010 in the Historic Passed, adopted and approved this 7 day Federal Building. of June, 2010. Roy D. Buol, Mayor RESOLUTION NO. 177-10 Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE REGIONAL AIRPORT JET CENTER DRIVE IA 32 Geometric and Signalization Im- RESURFACING PROJECT provements – US 20 to JFK Road Project: City PRELIMINARY APPROVAL OF PLANS, Manager recommending initiation of the public SPECIFICATIONS, FORM OF CONTRACT, bidding process for the IA 32 Geometric and AND ESTIMATED COST; SETTING DATE Signalization Improvements – US 20 to JFK OF PUBLIC HEARING ON PLANS, SPECI- Road Project and that a public hearing be set FICATIONS, FORM OF CONTRACT, AND for June 21, 2010 to consider approval of the ESTIMATED COST; AND ORDERING THE plans and specifications, form of contract and ADVERTISEMENT FOR BIDS estimated cost. Upon motion the documents NOW THEREFORE, BE IT RESOLVED were received and filed and Resolution No. BY THE CITY COUNCIL OF THE CITY OF 178-10 Preliminary approval of plans, specifi- DUBUQUE, IOWA: cations, form of contract, and estimated cost, The proposed plans, specifications, form of setting date of public hearing and ordering bids contract and estimated cost for the Dubuque for the IA 32 Geometric and Signalization Im- Regional Airport Jet Center Drive Resurfacing provements – US 20 to JFK Road Project was 180 Regular Session, June 7, 2010 Book 140 adopted setting a public hearing for a meeting and reading of bids by the Iowa Department of th to commence at 6:30 p.m. on June 21, 2010 in Transportation on the 15 day of June, 2010. the Historic Federal Building. Bids shall be opened and read by the Iowa Department of Transportation after 10:30 a.m. RESOLUTION NO. 178-10 Central Time on the same date and will be IA 32 GEOMETRIC AND SIGNALIZATION submitted to the City Council for final action on th IMPROVEMENTS PROJECT, US 20 TO the 6 day of July, 2010 in the Historic Federal JOHN F. KENNEDY ROAD, IOWA DOT Building Council Chambers (second floor), 350 th PROJECT NO. STP-A-32-1(29)--86-31 West 6 Street, Dubuque, Iowa. th PRELIMINARY APPROVAL OF PLANS, Passed, adopted and approved this 7 day SPECIFICATIONS, FORM OF CONTRACT, of June, 2010. AND ESTIMATED COST; SETTING DATE Roy D. Buol, Mayor OF PUBLIC HEARING ON PLANS, SPECI- Attest: Jeanne F. Schneider, CMC, City Clerk thth FICATIONS, FORM OF CONTRACT, AND Green Alley Project – 15 to 16 Streets ESTIMATED COST; AND ORDERING THE from Washington to Elm Streets: City Manager ADVERTISEMENT FOR BIDS recommending initiation of the public bidding th NOW THEREFORE, BE IT RESOLVED process for the Green Alley Project – 15 to th BY THE CITY COUNCIL OF THE CITY OF 16 Streets from Washington to Elm Streets DUBUQUE, IOWA: and that a public hearing be set for June 21, The proposed plans, specifications, form of 2010 to consider approval of the plans and contract and estimated cost for the IA 32 specifications, form of contract and estimated Geometric and Signalization Improvements cost. Upon motion the documents were re- Project, US 20 to John F. Kennedy Road, ceived and filed and Resolution No. 179-10 Iowa, DOT Project No. STP-A-32-1(29)--86-Preliminary approval of plans, specifications, 31, in the estimated amount $791,110.05, are form of contract, and estimated cost, setting hereby preliminarily approved and ordered date of public hearing and ordering bids for the thth filed in the office of the City Clerk for public Green Alley Project – 15 to 16 Streets from inspection. Washington to Elm Streets was adopted set- st A public hearing will be held on the 21 ting a public hearing for a meeting to com- day of June, 2010 at 6:30 p.m. in the Historic mence at 6:30 p.m. on June 21, 2010 in the Federal Building Council Chambers at which Historic Federal Building. time interested persons may appear and be RESOLUTION NO. 179-10 heard for or against the proposed plans and THTH GREEN ALLEY PROJECT (15 – 16, BE- specifications, form of contract and estimated TWEEN WASHINGTON & ELM STREETS) cost of said Project, and the City Clerk be and PRELIMINARY APPROVAL OF PLANS, is hereby directed to cause the attached notice SPECIFICATIONS, FORM OF CONTRACT, of the time and place of such hearing to be AND ESTIMATED COST; SETTING DATE published in a newspaper having general cir- OF PUBLIC HEARING ON PLANS, SPECI- culation in the City of Dubuque, Iowa, which FICATIONS, FORM OF CONTRACT, AND notice shall be published not less than four ESTIMATED COST; AND ORDERING THE days nor more than twenty days prior to the ADVERTISEMENT FOR BIDS date of such hearing. At the hearing, any inter- ested person may appear and file objections to NOW THEREFORE, BE IT RESOLVED the proposed plans, specifications, form of BY THE CITY COUNCIL OF THE CITY OF contract, or estimated cost of the Project. DUBUQUE, IOWA: The IA 32 Geometric and Signalization Im-The proposed plans, specifications, form of provements Project, US 20 to John F. Kenne-contract and estimated cost for the Green Al- thth dy Road, Iowa DOT Project No. STP-A-032-ley Project (15 – 16, between Washington & 1(29)--86-31 is hereby ordered to be adver-Elm Streets), in the estimated amount tised for bids for construction. $165,091.80, are hereby preliminarily ap- The amount of the security to accompany proved and ordered filed in the office of the each bid shall be in an amount which shall City Clerk for public inspection. st conform to the provisions of the Notice to Bid-A public hearing will be held on the 21 ders hereby approved. day of June, 2010 at 6:30 p.m. in the Historic The City Clerk is hereby directed to adver-Federal Building Council Chambers at which tise for bids for the construction of the im-time interested persons may appear and be provements herein provided, by publishing the heard for or against the proposed plans and attached Notice to Bidders to be published in a specifications, form of contract and estimated newspaper having general circulation in the cost of said Project, and the City Clerk be and City of Dubuque, Iowa, which notice shall be is hereby directed to cause the attached notice published not less than four but not more than of the time and place of such hearing to be forty-five days before the date for filing bids published in a newspaper having general cir- before 10:00 a.m. Central Time, with opening culation in the City of Dubuque, Iowa, which Book 140 Regular Session, June 7, 2010 181 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 ththth The Green Alley Project (15 – 16, be-contract and estimated cost for the 10 & Cen- tween Washington & Elm Streets) is hereby tral Parking Ramp and Fire Headquarters Ex- ordered to be advertised for bids for construc-pansion Project, in the estimated amount th tion. $9,754,412.00 for the 10 & Central Parking The amount of the security to accompany Ramp (partially funded by the US Department each bid shall be in an amount which shall of Commerce, Economic Development Admin- conform to the provisions of the Notice to Bid-istration) $689,060.00 for the Fire Headquar- ders hereby approved. ters Expansion (completely funded by General The City Clerk is hereby directed to adver-Obligation Bonds), are hereby preliminarily tise for bids for the construction of the im-approved and ordered filed in the office of the provements herein provided, by publishing the City Clerk for public inspection. st attached Notice to Bidders to be published in a A public hearing will be held on the 21 newspaper having general circulation in the day of June, 2010 at 6:30 p.m. in the Historic City of Dubuque, Iowa, which notice shall be Federal Building Council Chambers at which published not less than four but not more than time interested persons may appear and be forty-five days before the date for filing bids heard for or against the proposed plans and th before 2:00 p.m. on the 24 day of June, 2010. specifications, form of contract and estimated Bids shall be opened and read by the City cost of said Project, and the City Clerk be and Clerk at said time and will be submitted to the is hereby directed to cause the attached notice City Council for final action at 6:30 p.m. on the of the time and place of such hearing to be th 6 day of July, 2010 in the Historic Federal published in a newspaper having general cir- Building Council Chambers (second floor), 350 culation in the City of Dubuque, Iowa, which th West 6 Street, Dubuque, Iowa. notice shall be published not less than four th Passed, adopted and approved this 7 day days nor more than twenty days prior to the of June, 2010. 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. th Tenth and Central Parking Ramp and Fire The 10 & Central Parking Ramp and Fire Headquarters Expansion Project: City Manag-Headquarters Expansion Project is hereby er recommending initiation of the public bid-ordered to be advertised for bids for construc- ding process for the Tenth and Central Parking tion. Ramp and Fire Headquarters Expansion The amount of the security to accompany Project and that a public hearing be set for each bid shall be in an amount which shall June 21, 2010, to consider approval of the conform to the provisions of the Notice to Bid- plans and specifications, form of contract and ders hereby approved. estimated cost. Upon motion the documents The City Clerk is hereby directed to adver- were received and filed and Resolution No. tise for bids for the construction of the im- 180-10 Preliminary approval of plans, specifi-provements herein provided, by publishing the cations, form of contract, and estimated cost, attached Notice to Bidders to be published in a setting date of public hearing and ordering bids newspaper having general circulation in the for the Tenth and Central Parking Ramp and City of Dubuque, Iowa, which notice shall be Fire Headquarters Expansion Project was published not less than four but not more than adopted setting a public hearing for a meeting forty-five days before the date for filing bids th to commence at 6:30 p.m. on June 21, 2010 in before 2:00 p.m. on the 29 day of June, 2010. the Historic Federal Building. Bids shall be opened and read by the City Clerk at said time and will be submitted to the RESOLUTION NO. 180.10 City Council for final action at 6:30 p.m. on the TH th 10 & CENTRAL PARKING RAMP AND 6 day of July, 2010, in the Historic Federal FIRE HEADQUARTERS EXPANSION Building Council Chambers (second floor), 350 th PROJECT West 6 Street, Dubuque, Iowa. th PRELIMINARY APPROVAL OF PLANS, Passed, adopted and approved this 7 day SPECIFICATIONS, FORM OF CONTRACT, of June, 2010. AND ESTIMATED COST; SETTING DATE Roy D. Buol, Mayor OF PUBLIC HEARING ON PLANS, SPECI- Attest: Jeanne F. Schneider, CMC, City Clerk FICATIONS, FORM OF CONTRACT, AND 182 Regular Session, June 7, 2010 Book 140 Neighborhood Stabilization Program: City Plan for the Greater Downtown Urban Renew- Manager recommending that a public hearing al District to add the Bluff Street Subarea. be set for June 21, 2010 to consider approval Upon motion the documents were received of an application to the Iowa Department of and filed and Resolution No. 182-10 Resolu- Economic Development (IDED) for Neighbor-tion of necessity finding that certain areas ad- hood Stabilization Program (NSP) funds. Upon jacent to the Greater Downtown Urban Re- motion the documents were received and filed newal District meet the definition of a blighted and Resolution No. 181-10 Setting a public area under the Urban Renewal Law and that hearing on an application to the Iowa Depart-development of said areas is necessary in the ment of Economic Development (IDED) for interest of the residents of the City of Dubu- Neighborhood Stabilization Program funds que, Iowa, was adopted setting a public hear- was adopted setting a public hearing for a ing for a meeting to commence at 6:30 p.m. on meeting to commence at 6:30 p.m. on June July 19, 2010 in the Historic Federal Building. 21, 2010 in the Historic Federal Building. RESOLUTION NO. 182-10 RESOLUTION NO. 181-10 RESOLUTION OF NECESSITY FINDING SETTING A PUBLIC HEARING ON AN AP-THAT CERTAIN AREAS ADJACENT TO PLICATION TO THE IOWA DEPARTMENT THE GREATER DOWNTOWN URBAN RE- OF ECONOMIC DEVELOPMENT (IDED) FOR NEWAL DISTRICT MEET THE DEFINITION NEIGHBORHOOD STABILIZATION PRO-OF A BLIGHTED AREA UNDER THE UR- GRAM FUNDS BAN RENEWAL LAW, AND THAT DEVEL- OPMENT OF SAID AREAS IS NECESSARY Whereas, the US Department of Housing IN THE INTEREST OF THE RESIDENTS OF and Urban Development (HUD) has made THE CITY OF DUBUQUE, IOWA available funding to state and local govern-. ments to respond to the increased number of Whereas, the City Council of the City of foreclosures, by passage of the Housing and Dubuque has heretofore, by Resolution No. Economic Recovery Act of 2008; and 393-09 adopted on October 5, 2009 approved Whereas, IDED has recaptured funds pre-the Amended and Restated Urban Renewal viously allocated to Iowa municipalities and Plan for the Greater Downtown Urban Renew- has now made these funds available for appli-al District (a merger of the Downtown Dubuque cation; and and Ice Harbor Urban Renewal Districts) (the Whereas, the City of Dubuque intends to “District”) in order to provide redevelopment apply for these funds to be used to acquire, opportunities which will further the purposes renovate and re-sell foreclosed and vacant and objectives of the foregoing Urban Renewal and abandoned properties; and Plan; and Whereas, IDED requires that a municipali-Whereas, the City Council has found that ty’s governing body hold a public hearing as a certain areas adjacent to the District meet the condition of application for these funds. definition of a blighted area as found in Chap- NOW, THEREFORE, BE IT RESOLVED ter 403 "Urban Renewal" of the Iowa Code; BY THE CITY COUNCIL OF THE CITY OF and DUBUQUE, IOWA: Whereas, Chapter 403 of the Iowa Code Section 1. That the City Council will meet requires that before urban renewal authority in the Federal Building, Council Chambers, may be exercised, a City Council must adopt a th 350 West 6 Street, Dubuque, Iowa, at 6:30 resolution of necessity finding that the area in p.m. on June 21, 2010 for the purpose of hold-question is a slum, blighted or economic de- ing a public hearing and taking action on this velopment area, and that so designating such application. area is necessary in the interest of the public Section 2. That the City Clerk be and is he-health, safety or welfare of the residents of the reby authorized and directed to publish a no-municipality. tice of such public hearing and the City Coun-NOW, THEREFORE, BE IT RESOLVED cil’s intent to review and take action on the BY THE CITY COUNCIL OF THE CITY OF application for Neighborhood Stabilization DUBUQUE, IOWA: Program funds. Section 1. That the following generally de- th Passed, approved and adopted this 7 day scribed area, which is proposed to be added to of June, 2010. the Greater Downtown Urban Renewal District, Roy D Buol, Mayor is a blighted area as defined by Chapter 403 of Attest: Jeanne F Schneider, CMC, City Clerk the Iowa Code and is appropriate for an urban renewal project, to wit: 1) Bluff Street Subarea Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew-Commencing as a point of reference at the al District: City Manager recommending that a intersection of the centerlines of W. Sixth public hearing be set for July 19, 2010 to con-Street and Bluff Street in the City of Dubuque, sider an amendment to the Urban Renewal Dubuque County, Iowa, said point being the Book 140 Regular Session, June 7, 2010 183 point of beginning; thence southeasterly along corner of Lot 1 of Lot 11 of Central Addition; the centerline of Bluff Street to a point of inter-thence northeasterly along the southerly line of section with the northerly line of the south 62.5 Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central ft. of the north 64 ft. of City Lot 617 extended Addition to a point of intersection with the wes- southeasterly; thence southwesterly along said terly line of Lot 1 of Lot 9 of Central Addition; northerly line to the easterly line of Lot 1 of thence northwesterly along said westerly line City Lot 690; thence northwesterly along the of Lot 1 of Lot 9 to a point of intersection with easterly line of said Lot 1 to the northeast cor-the southerly right of way line of a public alley ner of said Lot 1; thence southwesterly along in Central Addition; thence northeasterly along the northerly line of said Lot 1 to the northwest said southerly line to a point of intersection corner of said Lot 1; thence southeasterly with the westerly line of Lot 1 of 1 of 10 of Lo- along the westerly line of said Lot 1 to a point rimer’s Subdivision; thence northwesterly of intersection with northerly right of way line of along said westerly line of said Lot 1 of 1 of 10 W. Fifth Street; thence southwesterly along to the northerly line of Lorimer’s Subdivision; said right of way line of W. Fifth St. to the thence northeasterly along the northerly line of southeast corner of the South 73’ of Lot 13 of Lorimer’s Subdivision to the southeast corner Coriell’s Dubuque; thence northwesterly 73’ of a public alley between Corkery’s Subdivi- along the easterly line of said South 73’ of Lot sion and City Lot 655; thence northwesterly 13 of Coriell’s Dubuque to the northeast corner along the easterly right of way line of said alley of the South 73’ of Lot 13 of Coriell’s Dubuque; to a point of intersection with West Eleventh thence southwesterly along the northerly line Street; thence southwesterly along centerline of said South 73’ of Lot 13 of Coriell’s Dubu-of West Eleventh Street to a point of intersec- que to a point of intersection with westerly line tion with the centerline of Grove Terrace; of Lot 13 of Coriell’s Dubuque; thence north-thence northwesterly along centerline of Grove westerly along said westerly line of Lot 13 to a Terrace to a point of intersection with the nor- point of intersection with the southerly line of therly right of way line of Arlington Street; Lot 33 of Coriell’s Dubuque; thence northeas-thence northeasterly along the northerly right terly along said southerly line of Lot 33 to a of way line of Arlington Street to the southeast point of intersection with the westerly line of corner of City Lot 769B; thence northwesterly Lot 14 of Coriell’s Dubuque’ thence northwes-along the easterly line of said City Lot 769B to terly along said westerly line of said Lot 14 to a a point of intersection with the southerly line of point of intersection with the southerly line of Lot 3 of Brown’s Subdivision; thence south- Lot 34 of Coriell’s Dubuque; thence northeas-westerly along the southerly line of said Lot 3 terly along said southerly line of Lot 34 to the to the southwest corner of said lot; thence easterly line of Coriell’s Dubuque; thence northwesterly along the westerly line of said northwesterly along said easterly line Lots 34, Lot 3 and extension thereof to a point of inter- 35, 36, 37, 38, and 44 of Coriell’s Dubuque to section with the centerline of Loras Boulevard; the northwest corner of the North 50’ of Lot 1 thence northeasterly along said centerline to a of Lot 1 of City Lot 653; thence northeasterly point of intersection with the centerline of Lo- along the northerly line of said North 50’ of Lot cust Street; thence southeasterly along the 1 of Lot 1 of City Lot 653 to the southeast cor-centerline of Locust Street to a point of inter- ner of Lot 1 of McKinlay’s Subdivision; thence section with the centerline of W. Eleventh northwesterly along said easterly line of said Street; thence southwesterly along the center- Lot 1 and extension thereof to a point of inter-line of W. Eleventh Street to a point of inter- section with the centerline of West Eighth section with the centerline of Bluff Street; Street; thence northwesterly along said center-thence southeasterly along the centerline of line of West Eighth Street to a point of inter-Bluff Street to a point of intersection with the section with the westerly line of Lot 1 of the extension of the southerly line of City Lot Subd’n. of City Lot 688 and part of City Lot 654 658A; thence northeasterly along the southerly extended southerly; thence northwesterly line of City Lot 658A extended and the sou- along said westerly line of Lot 1 and extension therly line of City Lot 658, except the southerly thereof northerly to a point of intersection with one foot thereof, extended to a point of inter- the centerline of West Ninth Street; thence section with the centerline of Locust Street; southwesterly along the centerline of West thence southeasterly along the centerline of Ninth Street to a point of intersection with the Locust Street to a point of intersection with the southerly extension of the westerly line of Lot 2 centerline of West Ninth Street; thence south- of Lot 12 of Central Addition; thence northwes-westerly along the centerline of West Ninth terly along said westerly right of Lot 2 of Lot 12 Street to a point of intersection with the center- to the northwest corner of said Lot; thence line of Bluff Street; thence southeasterly along northeasterly along the northerly line of said the centerline of Bluff Street to a point of inter- Lot 2 of Lot 12 to the northeast corner of said section with the centerline of West Eighth Lot; thence southeasterly along said easterly Street; thence northeasterly along the center- line of said Lot 2 of Lot 12 to the southwest line of West Eighth Street to a point of inter- 184 Regular Session, June 7, 2010 Book 140 BOARDS/COMMISSIONS section with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the Applicants were invited to address the City northerly line of City Lot 624 extended nor-Council regarding their desire to serve on the theasterly; thence southwesterly along the following Boards/Commissions: northerly line of City Lot 624 extended sou-Arts and Cultural Affairs Advisory Commis- theasterly to the centerline of a public alley; sion (Arts Community Representatives). Four thence southeasterly along the centerline of a 3-year terms through June 30, 2013 (Terms of public alley to a point of intersection with the Hemmer, Kames, Kohl, Riedel). Applicants: centerline of W. Seventh Street; thence nor-Thomas Goodman, 3559 Copper Field Court; theasterly along the centerline of W. Seventh Paul Hemmer, 2375 Simpson Street; Louise Street to a point of intersection with Locust Kames, 900 Clarke Drive; Paul Kohl, 60 Lind- Street; thence southeasterly along the center-berg Terrace; Marina O’Rourke Rosenow, line of Locust Street to a point of intersection 2085 Mullen Road; Susan Riedel, 282 Kelly’s with West Sixth Street; thence southwesterly Bluff. Mr. Goodman, Mr. Kohl, Ms. O’Rourke, along the centerline of West Sixth Street to a and Ms. Riedel spoke in support of their ap- point of intersection with Bluff Street said point pointment. Ms. Kames submitted correspon- being the point of beginning. dence in support of her appointment. Section 2. That the development of the Civic Center Commission: Three 4-year above-described expansion area is necessary terms through June 29, 2013 (Terms of Bakke, and appropriate to facilitate the proper growth Balsamo, Kurt). Applicants: Rod Bakke, 3030 and development of the community in accor-Karen Street; Marilynne Field, 1805 Eden dance with sound planning and local communi-Lane; Barb Kurt, 1304 Atlantic Street. ty objectives. Historic Preservation Commission (Jack- Section 3. That the City Manager is autho-son Street Historic District). One 3-year term rized and directed to prepare an Amended and through July 1, 2013 (Term of McDonell). Ap- th Restated Urban Renewal Plan for the Greater plicant: Robert McDonell, 135 West 17 Downtown Urban Renewal District for the pur-Street. pose of including the above-described areas in Human Rights Commission: One 3-year the District, to forward said amendment to the term through January 1, 2011 (Term of Allan). City's Long Range Planning Commission for Applicants: Frederick Davis, Jr., 2374 Green review and comment, and to begin the consul-Street; Robert Yunk, 815 Rose Street, Apt. 2. tation process required by law with affected Mr. Davis and Mr. Yunk spoke in support of taxing entities. their appointment. Section 4. That the City Clerk is directed to Investment Oversight Advisory Commis- publish notice of a public hearing on the adop-sion: One 3-year term through July 1, 2013 tion of the proposed Amended and Restated (Term of Reisdorf). Applicant: Stephen Reis- Urban Renewal Plan for the Greater Down-dorf, 740 Brookview Square. town Urban Renewal District to be held on July Library Board of Trustees: Two 4-year 19, 2010 at 6:30 p.m. in the Historic Federal terms through July 1, 2014 (Terms of Guns Building, 350 West 6th Street, Dubuque, Iowa and Kolz). Applicants: Diann Guns, 1715 Di- 52001 and that said notice shall generally ane Court; Fred Miller, 2462 Central Avenue; identify the areas covered by the Amended Gail Murphy, 3097 Oak View Court; Lorri Re- and Restated Plan, the areas proposed to be gan, 2659 Queen Street. Ms. Guns, Mr. Miller added to the District, and the general scope of and Ms. Murphy spoke in support of their ap- the urban renewal activities planned for such pointment. areas, and that said notice shall be published Long Range Planning Advisory Commis- and available to the public not less than four sion: Two 3-year terms through July 1, 2013 days nor more than twenty days before the (Terms of Prochaska and Winterwood). Appli- date of said meeting. A copy of the notice of cants: Lou Oswald, 1080 Nowata Street; public hearing shall be sent by ordinary mail to James Prochaska, 1410 Parkway Street; the affected taxing entities. Charles Winterwood, 1555 Montrose Terrace. Section 5. That the City Clerk is further di-Mr. Prochaska submitted correspondence in rected to send by ordinary mail a copy of said support of his appointment. Plan and notice of public hearing to the Dubu-Park and Recreation Commission: Three que Community School District, the County 3-year terms through June 30, 2013 (Terms of Board of Supervisors and the Northeast Iowa Harjehausen, Hoffmann, Lyness). Applicants: th Community College, as the affected taxing Shane Duncan, 623 West 8 Street; Don Fo- entities. ley, 2489 Wheatland Drive; Charles Harris, th Passed, approved and adopted this 7 day 2473 Jackson Street; Paul Hoffman, 174 Brad- of June, 2010. ley Street; Kenneth Klinge, 2267 Carter Road; Roy D. Buol, Mayor Karen Lyness, 89 Alpine Street; David Schlu- Attest: Jeanne F. Schneider, CMC, City Clerk eter, 2645 Crescent Ridge. Each applicant, Book 140 Regular Session, June 7, 2010 185 RESOLUTION NO. 183-10 with the exception of Mr. Klinge, spoke in sup- APPROVING THE SALE OF REAL ESTATE port of their appointment. SPECIFICALLY, SOUTH ONE HALF OF LOT TV Cable Regulatory Commission: One 3- ONE HUNDRED FORTY-EIGHT (148) AND year term through June 30, 2013 (Term of THE SOUTH ONE (1) FOOT OF THE NORTH Stevens). Applicant: Kevin Stevens, 1735 ONE HALF OF LOT (148) ONE HUNDRED Lawndale Street. FORTY EIGHT IN EAST DUBUQUE, AN AD- Zoning Advisory Commission: Two 3-year DITION TO THE CITY OF DUBUQUE COUN- terms through July 1, 2010 (Terms of Norton TY OF DUBUQUE, IOWA, ACCORDING TO and Stiles). Applicants: Patrick Norton, 2739 THE RECORDED PLAT THEREOF – 1523 Burden Avenue; Jeff Stiles, 3087 Central Ave- ELM STREET nue. Mr. Norton and Mr. Stiles spoke in sup- port of their appointment. Whereas, pursuant to a notice, duly pub- lished in the Telegraph Herald newspaper, in PUBLIC HEARINGS the City Council of Dubuque, Iowa, met on the May 17, 2010, in the Dubuque Historic Federal th Upon motion the rules were suspended al-Building, 350 West 6 Street, Dubuque, Iowa, lowing anyone present to address the City to consider the proposal to dispose of City- Council. owned real estate located at 1523 Elm Street. The South one half of Lot 148 and the South Dubuque Industrial Center – Planned Unit one foot of the North one half of Lot 148 in Development District (Tabled on December 7, East Dubuque, an Addition to the City of Du- 2009): City Manager requesting that this item buque, County of Dubuque, Iowa, according to be tabled to December 20, 2010. the recorded Plat thereof; and Proof of publication on notice of public Whereas, such purpose supports the hearing to consider a request from the City of Washington Neighborhood revitalization strat- Dubuque/ Dubuque Initiatives to amend the egy as approved by the City Council; and Planned Unit Development (PUD) for the Du-Whereas, the City has received an offer to buque Industrial Center, located on Chave-purchase this property from a qualifying nelle Road and the Northwest Arterial, to household; and change the designation of property from open Whereas, a qualifying home buyer has space to commercial and Zoning Advisory signed an offer to purchase and has obtained Commission recommending approval, with financing from a local lender; and conditions. Whereas, the City Council of the City of Motion by Voetberg to remove from the ta-Dubuque, Iowa, has overruled any and all ob- ble, receive and file the documents and table jections, oral and written, to the proposal to until December 20, 2010 a proposed ordin-dispose of the interest of the City of Dubuque, ance amending Appendix A (the Zoning Or-Iowa, in the herein and above-named real es- dinance) of the City of Dubuque Code of Or-tate to the above-named grantee. dinances by adopting a revised Planned Unit NOW, THEREFORE, BE IT RESOLVED Development Ordinance for the Dubuque In-BY THE CITY COUNCIL OF THE CITY OF dustrial Center Phases I and II located at the DUBUQUE, IOWA: southwest corner of Highway 32 (Northwest Section 1. That the City of Dubuque hereby Arterial) and Chavenelle Road and by repeal-approves the sale of the following legally- ing Ordinance 22-07. Seconded by Resnick. described property: The South one half of Lot Motion carried 7-0. 148 and the South one foot of the North one half of Lot 148 in East Dubuque, an Addition to Sale of Property – 1523 Elm Street: Proof the City of Dubuque, County of Dubuque, of publication on notice of public hearing to Iowa, according to the recorded Plat thereof, at consider the sale of property located at 1523 the cost of Eighty-five thousand dollars. ($85 Elm Street to Ruth Jurisic and City Manager 000). recommending approval. Motion by Connors to Section 2. That the City of Dubuque be and receive and file the documents and adopt is hereby authorized to provide a Warranty Resolution No. 183-10 Disposing of City-Deed to the buyer, conveying the City’s inter- owned property, specifically the south one-half est to Ruth Jurisic for the herein-described real of Lot 148 and the south one foot of the north estate. one-half of Lot 148 in East Dubuque, an addi-Section 3. That the City Clerk be and is he- tion to the City of Dubuque, County of Dubu-reby authorized an directed to cause said War- que, Iowa, according to the recorded plat the-ranty Deed to be recorded in the Office of the reof – 1523 Elm Street. Seconded by Braig. Dubuque County Recorder, together with certi- Motion carried 7-0. fied copy of the Resolution. Section 4. That the City Clerk be and she is hereby authorized and directed to forward a 186 Regular Session, June 7, 2010 Book 140 copy of this Resolution to the Dubuque County Section 2. That the City of Dubuque be and Assessor and the Dubuque County Auditor. is hereby authorized to provide a Warranty th Passed, approved and adopted this 7 day Deed to the buyer, conveying the City’s inter- of June, 2010. est to Robert Mootz for the herein-described Roy D Buol, Mayor real estate. Attest: Jeanne Schneider, CMC, City Clerk Section 3. That the City Clerk be and is he- reby authorized an directed to cause said War- Sale of Property – 1925 Washington ranty Deed to be recorded in the Office of the Street: Proof of publication on notice of public Dubuque County Recorder, together with certi- hearing to consider the sale of property lo-fied copy of the Resolution. cated at 1925 Washington Street to Robert Section 4. That the City Clerk be and she Mootz and City Manager recommending ap-is hereby authorized and directed to forward a proval. Motion by Connors to receive and file the copy of this Resolution to the Dubuque County documents and adopt Resolution No. 184-10 Dis-Assessor and the Dubuque County Auditor. th posing of City-owned property, specifically, Lot 6 of Passed, approved and adopted this 7 day Mineral Lot 100 in the City of Dubuque, County of of June, 2010. Dubuque, Iowa, according to the recorded plat Roy D Buol, Mayor thereof – 1925 Washington Street. Seconded by Attest: Jeanne Schneider, CMC, City Clerk Braig. Motion carried 7-0. McAleece Ballpark Parking Lot Recon- RESOLUTION NO. 184-10 struction Project: Proof of publication on notice APPROVING THE SALE OF REAL ESTATE of public hearing to consider the plans and SPECIFICALLY, LOT 6 OF MINERAL LOT specifications, form of contract and estimated 100 IN THE CITY OF DUBUQUE COUNTYOF cost for the McAleece Ballpark Parking Lot DUBUQUE, IOWA, ACCORDING TO THE Reconstruction Project and City Manager re- RECORDED PLAT THEREOF – 1925 WASH- commending approval. Motion by Jones to INGTON STREET receive and file the documents and adopt Whereas, pursuant to a notice, duly pub-Resolution No. 185-10 Approving plans, speci- lished in the Telegraph Herald newspaper, in fications, form of contract, and estimated cost the City Council of Dubuque, Iowa, met on the for the McAleece Ballpark Parking Lot Recon- 17 May 2010, in the Dubuque Historic Federal struction Project. Seconded by Connors. Mo- th Building, 350 West 6 Street, Dubuque, Iowa tion carried 7-0. to consider the proposal to dispose of City- RESOLUTION NO. 185-10 owned real estate located at 1925 Washington APPROVAL OF PLANS, SPECIFICATIONS, Street: Lot 6 of Mineral Lot 100 in the City of FORM OF CONTRACT, AND ESTIMATED Dubuque, County of Dubuque, Iowa, according COST FOR THE MCALEECE PARK AND to the recorded Plat thereof; and RECREATION COMPLEX PARKING LOT Whereas, such purpose supports the RECONSTRUCTION PROJECT Washington Neighborhood revitalization strat- egy as approved by the City Council; and NOW THEREFORE, BE IT RESOLVED Whereas, the City has received an offer to BY THE CITY COUNCIL OF THE CITY OF purchase this property from a qualifying DUBUQUE, IOWA: household; and That the proposed plans, specifications, Whereas, a qualifying home buyer has form of contract and estimated cost for the signed an offer to purchase and has obtained McAleece Park and Recreation Complex Park- financing from a local lender; and ing Lot Reconstruction Project, in the esti- Whereas, the City Council of the City of mated amount $275,530.00, are hereby ap- Dubuque, Iowa, has overruled any and all ob-proved. th jections, oral and written, to the proposal to Passed, adopted and approved this 7 day dispose of the interest of the City of Dubuque, of June, 2010. Iowa, in the herein and above-named real es-Roy D. Buol, Mayor tate to the above-named grantee. Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Kaufmann Avenue Resurfacing Project: DUBUQUE, IOWA: Proof of publication on notice of public hearing Section 1. That the City of Dubuque hereby to consider the plans and specifications, form approves the sale of the following legally-of contract and estimated cost for the Kauf- described property: Lot 6 of Mineral Lot 100 in mann Avenue Resurfacing project and City the City of Dubuque, County of Dubuque, Manager recommending approval. Motion by Iowa, according to the recorded Plat thereof, at Lynch to receive and file the documents and the cost of Eighty-two thousand dollars. ($82 adopt Resolution No. 186-10 Approving plans, 000). specifications, form of contract, and estimated cost for the Kaufmann Avenue Resurfacing Book 140 Regular Session, June 7, 2010 187 Project. Seconded by Voetberg. Motion carried Whereas, sealed proposals have been 7-0. submitted by contractors for the Bee Branch Creek Restoration Project, Building Decon- RESOLUTION NO. 186-10 struction (the Project) pursuant to Resolution APPROVAL OF PLANS, SPECIFICATIONS, No. 147-10 and Notice to Bidders published in FORM OF CONTRACT, AND ESTIMATED a newspaper published in the City of Dubuque, rd COST FOR THE KAUFMANN AVENUE HMA Iowa, on the 3 day of May, 2010; and RESURFACING PROJECT (J.F. KENNEDY Whereas, said sealed proposals were th ROAD TO CHANEY), IOWA DOT PROJECT opened and read on the 27 day of May, 2010 NO. STP-U-2100 (651)--70-31 and it has been determined that Gronen Res- NOW THEREFORE, BE IT RESOLVED toration of Dubuque, Iowa, with a bid in the BY THE CITY COUNCIL OF THE CITY OF amount of $224,025.15, is the lowest respon- DUBUQUE, IOWA: sive, responsible bidder for the deconstruction That the proposed plans, specifications, of the buildings in Bid Groups 1, 2, 4, 6, 12, form of contract and estimated cost for the and 13 (the Project); and Kaufmann Avenue HMA Resurfacing Project Whereas, Bid Groups 1, 2, 4, 6, 12, and 13 (J.F. Kennedy Road to Chaney), Iowa DOT include the following properties all in the City Project No. STP-U-2100(651)--70-31, in the of Dubuque, Iowa: 1552 Maple Street; 1570 estimated amount $913,017.88, are hereby Maple Street; 1576 Maple Street; 1924 Kniest approved. Street; 2006 Kniest Street; 505 Rhomberg th Passed, adopted and approved this 7 day Avenue; 507 Rhomberg Avenue; 509 Rhom- of June, 2010. berg Avenue; 511-513 Rhomberg Avenue; Roy D. Buol, Mayor 2104 Kniest Street; 2100-2102 Kniest Street; Attest: Jeanne F. Schneider, CMC, City Clerk 2106 Kniest Street; 509 Lincoln Avenue; 2345 Elm Street; and 2315 Prince Street. Upon motion the rules were reinstated li-NOW THEREFORE, BE IT RESOLVED miting discussion to the City Council. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ACTION ITEMS That a Public Improvement Contract for the Project is hereby awarded to Gronen Restora- Bee Branch Creek Restoration – Building tion and the City Manager is hereby directed to Deconstruction Project: City Manager recom-execute a Public Improvement Contract on mending award of the Bee Branch Creek Res-behalf of the City of Dubuque for the Project. th toration – Building Deconstruction Project to Passed, approved and adopted this 7 day Gronen Restoration, Inc., in the amount of of June, 2010. $224,025.15 for the deconstruction of 15 build-Roy D. Buol, Mayor ings, Tschiggfrie Excavating in the amount of Attest: Jeanne F. Schneider, CMC, City Clerk $402,060.00 for the deconstruction of 24 build- RESOLUTION NO. 188-10 ings and Ted Stackis Construction in the AWARDING PUBLIC IMPROVEMENT CON- amount of $60,000 for the deconstruction of 4 TRACT FOR THE BUILDING DECON- buildings. STRUCTION ASSOCIATED WITH THE BEE Bee Branch Deconstruction Outline from BRANCH CREEK RESTORATION PROJECT Gronen Restoration. Motion by Connors to receive and file the Whereas, sealed proposals have been documents and adopt Resolution No. 187-10 submitted by contractors for the Bee Branch Awarding public improvement contract for the Creek Restoration Project, Building Decon- Bee Branch Creek Restoration – Building De-struction (the Project) pursuant to Resolution construction Project (Gronen Restoration, No. 147-10 and Notice to Bidders published in Inc.); Resolution No. 188-10 Awarding public a newspaper published in the City of Dubuque, rd improvement contract for the Bee Branch Iowa, on the 3 day of May, 2010; and Creek Restoration – Building Deconstruction Whereas, said sealed proposals were th Project (Tschiggfrie Excavating); and Resolu-opened and read on the 27 day of May, 2010 tion No. 189-10 Awarding public improvement and it has been determined that Tschiggfrie contract for the Bee Branch Creek Restoration Excavating of Dubuque, Iowa, with a bid in the – Building Deconstruction Project (Ted Stackis amount of $402,060.00, is the lowest respon- Construction). Seconded by Braig. Motion car-sive, responsible bidder for the deconstruction ried 7-0. of the buildings in Bid Groups 3, 5, 8, 9, 10, 11, 14, and 15 (the Project); and RESOLUTION NO. 187-10 Whereas, Bid Groups 3, 5, 8, 9, 10, 11, 14, AWARDING PUBLIC IMPROVEMENT CON- and 15 include the following properties all in TRACT FOR THE BUILDING DECON- the City of Dubuque, Iowa: 506 Rhomberg STRUCTION ASSOCIATED WITH THE BEE Avenue; 508 Rhomberg Avenue; 502-04 BRANCH CREEK RESTORATION PROJECT Rhomberg Avenue; 510-512 Rhomberg Ave- 188 Regular Session, June 7, 2010 Book 140 nue; 2010 Kniest Street; 2014 Kniest Street; Memorandum of Understanding – Sustain- 2020 Kniest Street; 2128 Kniest Street; 500 E. able Neighborhood Builders, Inc.: City Manag- ndndnd 22 Street; 504 E. 22 Street; 506 E. 22 er recommending approval of a Memorandum ndnd Street; 508 E. 22 Street; 505 E. 22 Street; of Understanding between the City and Sus- nd 509 E. 22 Street; 2249 Elm Street; 2317 Elm tainable Neighborhood Builders, Inc., to rede- Street; 2241 Prince Street; 2259 Prince Street; velop property located at 1079 Elm Street. 2249-2251 Prince Street; 2263-2265 Prince Motion by Connors to receive and file the doc- Street; 2269-2271 Prince Street; 2273-2301 uments and adopt Resolution No. 190-10 Ap- Prince Street; 2305-2307 Prince Street; and proving a Memorandum of Understanding with 2404-2406 Washington Street. Sustainable Neighborhood Builders, Inc., for NOW THEREFORE, BE IT RESOLVED the redevelopment of 1079 Elm Street. BY THE CITY COUNCIL OF THE CITY OF Seconded by Lynch. Responding to questions DUBUQUE, IOWA: from City Council, Economic Development That a Public Improvement Contract for the Director Dave Heiar stated Phase I includes Project is hereby awarded to Tschiggfrie Ex-approximately 72-75 units and that details will cavating and the City Manager is hereby di-be outlined in the development agreement. rected to execute a Public Improvement Con-Heiar clarified funding sources and loan secu- tract on behalf of the City of Dubuque for the rity. Motion carried 7-0. Project. th RESOLUTION NO. 190-10 Passed, approved and adopted this 7 day APPROVING A MEMORANDUM OF UN- of June, 2010. DERSTANDING WITH SUSTAINABLE Roy D. Buol, Mayor NEIGHBORHOOD BUILDER’S, INC., FOR Attest: Jeanne F. Schneider, CMC, City Clerk THE REDEVELOPMENT OF 1079 ELM RESOLUTION NO. 189-10 STREET AWARDING PUBLIC IMPROVEMENT CON- Whereas, Sustainable Neighborhood TRACT FOR THE BUILDING DECON- Builder’s, Inc., is proposing to redevelop prop- STRUCTION ASSOCIATED WITH THE BEE erty located at 1079 Elm Street in the City of BRANCH CREEK RESTORATION PROJECT Dubuque, and Whereas, sealed proposals have been Whereas, the City is encouraging the Sus- submitted by contractors for the Bee Branch tainable Neighborhood Builder’s, Inc., to invest Creek Restoration Project, Building Decon-in the Dubuque Historic Millwork District, and struction (the Project) pursuant to Resolution Whereas, a Memorandum of Understand- No. 147-10 and Notice to Bidders published in ing has been prepared for said redevelopment, a newspaper published in the City of Dubuque, NOW THEREFORE BE IT RESOLVED BY rd Iowa, on the 3 day of May, 2010; and THE CITY COUNCIL OF DUBUQUE, IOWA, Whereas, said sealed proposals were AS FOLLOWS: th opened and read on the 27 day of May, 2010 Section 1. The attached Memorandum of and it has been determined that Ted Stackis Understanding is hereby approved. Construction of Dubuque, Iowa, with a bid in Section 2. The City Manager is hereby di- the amount of $60,000.00, is the lowest res-rected to prepare documents necessary to ponsive, responsible bidder for the deconstruc-implement the Memorandum of Understand- tion of the buildings in Bid Group 7 (the ing. th Project); and Passed, approved and adopted this 7 day Whereas, Bid Group 7 includes the follow-of June, 2010. ing properties all in the City of Dubuque, Iowa: Roy D. Buol, Mayor 2110-2112 Kniest Street; 2114-2116 Kniest Attest: Jeanne F. Schneider, CMC, City Clerk Street; 2120 Kniest Street; and 2124-2126 Kniest Street. Montrose Terrace Stairs Reconstruction NOW THEREFORE, BE IT RESOLVED and Citizen Petition: City Manager recom- BY THE CITY COUNCIL OF THE CITY OF mending that the City proceed with reconstruc- DUBUQUE, IOWA: tion of the Montrose Terrace stairs. Motion by That a Public Improvement Contract for the Lynch to receive and file the documents and Project is hereby awarded to Ted Stackis Con-approve the recommendation. Seconded by struction and the City Manager is hereby di-Connors. Responding to questions from City rected to execute a Public Improvement Con-Council, City Engineer Gus Psihoyos stated tract on behalf of the City of Dubuque for the that citizens have continued to use the stairs Project. since they were closed adding that the City th Passed, approved and adopted this 7 day would offer the property to adjacent property of June, 2010. owners should it abandon and remove the Roy D. Buol, Mayor stairs. Voetberg suggested resolving the Attest: Jeanne F. Schneider, CMC, City Clerk area’s parking issues. Resnick cited safety issues and supported walkable neighbor- Book 140 Regular Session, June 7, 2010 189 hoods. Motion carried 5-2 with Jones and concerns regarding community crime, drug Braig voting nay. and safety issues. Smarter Sustainable Dubuque Project: City There being no further business, upon mo- Manager transmitting a response to questions tion the City Council adjourned at 8:28 p.m. posed by the City Council regarding the Smar- ter Sustainable Dubuque project and request-/s/Jeanne F. Schneider, CMC ing that a work session be scheduled for Mon-City Clerk day, August 9, 2010 to provide an overview and update on the Smarter Sustainable Dubu- que project. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Resnick. Project Manager David Lyons provided a slide presen- tation that addressed questions previously asked by Council. Braig requested that privacy issues be discussed at the work session. Voetberg expressed his concerns about con- tinuation of the project after the pilot phase is complete. Motion carried 7-0. McAleece BMX Bicycle Course: City Man- ager recommending approval of the creation of a BMX bicycle course at the McAleece Recreation area at a cost of $6,000, using volunteer bike enthusiast’s assistance. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, Recreation Division Manager Pat Prevenas stated that there is adequate bike access to the course. Motion carried 7-0. Dubuque County Empowerment: Commu- nication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Board Development Committee. Motion by Voetberg to receive and file the document and table until June 21, 2010. Seconded by Braig. Voetberg requested more information on meeting dates and times. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported that the river boat Missis- sippi Queen is being scrapped, the American Queen is for sale, and the Delta Queen is permanently docked as a hotel in Chattanoo- ga, Tennessee. Connors requested information on parking meter revenue and fines on Saturdays during 8 to noon and noon to 5 p.m. within the last six months to one year time frame. PUBLIC INPUT Phil French, 1035 Rockdale Road, in- formed City Council of his experiences clean- ing out Section 8 housing units, and stated his 190 Special and Regular Sessions, June 21, 2010 Book 140 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 5:15 p.m. on June 21, 2010 in the session at 6:30 p.m. on June 21, 2010 in the Historic 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 receive a regular session of the City Council to act an update on the Historic Millwork District. upon such business that may properly come before the City Council. Work Session Historic Millwork District Pledge of Allegiance City staff provided a slide presentation on the Invocation was provided by Pastor Tom Shin- status and progress of the components for the kle of Grandview Avenue Methodist Church. Historic Millwork District. PROCLAMATION Master Plan: Planning Services Man- ager Laura Carstens Colts Drum and Bugle Corps was accepted Sustainability Partnerships: Assistant by Colts Director Greg Orwoll, 1101 Central City Manager Teri Goodmann Avenue; Monarch Moments Month (July,  Redevelopment Financing: Assistant 2010). Economic Development Director Aa- ron DeJong PRESENTATION  Street Reconstruction and Streets- cape Improvements: Civil Engineer Preservation Iowa 2010 Preservation at its Jon Dienst Best Award (Historic Millwork District Master  Water Utility Improvements: Water Plan) was accepted by Planning Services Distribution Supervisor Michael Manager Laura Carstens. Brekke  Parking Plans: Parking System Su- CONSENT ITEMS pervisor Tim Horsfield Motion by Lynch to receive and file the Responding to questions from City Council, documents, adopt the resolutions, and dispose Planning Services Manager Laura Carstens and of as indicated. Seconded by Braig. Motion Assistant City Manager Teri Goodmann stated carried 7-0. that while the district poses development chal- lenges, compliance with complete streets design Minutes and Reports Submitted: City standards and requirements and replicable project Council of 6/7; Historic Preservation Commis- elements will enable additional funding. sion of 5/20; Housing Code Appeals Board of 4/20; Human Rights Commission of 5/10; There being no further business, upon mo- Transit Board of 5/13; Zoning Advisory Com- tion the City Council adjourned at 6:15 p.m. mission of 6/2; Zoning Board of Adjustment of 5/27 /s/Jeanne F. Schneider, CMC Proofs of publication of City Council Pro- City Clerk ceedings of May 17, 2010 and List of Claims and Summary of Revenues for Month Ended April 30, 2010 Upon motion the documents were received and filed. Book 140 Regular Session, June 21, 2010 191 Notice of Claims/Suits: Susan Welp for ve-Whereas, the City of Dubuque is a public hicle damage: Kerry Robey for vehicle dam-employer within the meaning of Section 3 (1) age; Austin Millius for vehicle damage. Upon of the Public Employment Relations Act; and motion the documents were received and filed Whereas, the International Union of Oper- and referred to the City Attorney. ating Engineers, Local #758 is an employee organization within the meaning of Section 3 City Attorney advising that the following (4) of the Public Employment Relations Act; claims have been referred to Public Entity Risk and Services of Iowa, the agent for the Iowa Com-Whereas, the International Union of Oper- munities Assurance Pool: Susan Welp for ve-ating Engineers, Local #758 submitted a re- hicle damage; Kerry Robey for vehicle dam-quest to bargain collectively on behalf of the age; Melissa Sue Devine for vehicle damage; employees within its representation; and Robert Smith for property damage. Upon mo-Whereas, bargaining between the parties tion the documents were received, filed and has occurred and an agreement has been concurred. concluded. NOW, THEREFORE, BE IT RESOLVED Specific and Aggregate Stop Loss Renew-BY THE CITY COUNCIL OF THE CITY OF al – Health and Prescription Drug: City Man-DUBUQUE, IOWA: ager recommending approval of the renewal Section 1. That the terms of the agreement rates submitted by American National Life of be approved and the Mayor authorized and Texas Life for the City’s specific and aggregate directed to sign the collective bargaining stop loss insurance – health and prescription agreement. st drug plans. Upon motion the documents were Passed, approved and adopted this 21 received, filed, and approved. day of June, 2010. Roy D. Buol, Mayor Reclassification of Truck Driver Position: Attest: Jeanne F. Schneider, CMC, City Clerk City Manager recommending that the Truck Driver positions in the Water Department be Interagency Agreement between the City reclassified as Water Distribution Maintenan-of Dubuque and Dubuque County Board of ceworkers. Upon motion the documents were Health: City Manager recommending approval received, filed, and approved. of an Interagency Agreement with the Dubu- que County Board of Health for the inspection Reclassification of Laborer Position: City and enforcement of swimming pools and spas, Manager recommending that the Laborer posi-tattoo parlors and tanning facilities in Dubuque tion in the Public Works Department be reclas-County. Upon motion the documents were sified as a Truck Driver. Upon motion the doc-received, filed, and approved. uments were received, filed, and approved. Iowa Department of Natural Resources: Collective Bargaining Agreement – Interna-Communication from the Iowa Department of tional Union of Operating Engineers: City Natural Resources regarding the recent in- Manager recommending approval of the one-spection of the Dubuque Regional Airport year collective bargaining agreement between Wastewater Treatment Facility. the City and the International Union of Operat-City Manager providing information related ing Engineers, Local #758. Upon motion the to the June 11, 2010 letter from the Iowa De- documents were received and filed and Reso-partment of Natural Resources. lution No. 191-10 Approving the agreement Upon motion the documents were received between the City of Dubuque, Iowa, and the and filed. International Union of Operating Engineers, Local #758 and authorizing the Mayor to sign Final Plat – Inland Molasses Place No. 2: the Agreement was adopted. Zoning Advisory Commission recommending approval of the final plat of Inland Molasses RESOLUTION NO. 191-10 Place No. 2 as requested by the City of Dubu- APPROVING THE AGREEMENT BETWEEN que – Engineering Department. Upon motion THE CITY OF DUBUQUE, IOWA, AND THE the documents were received and filed and INTERNATIONAL UNION OF OPERATING Resolution No. 192-10 Approving a final plat of ENGINEERS, LOCAL #758 AND AUTHORIZ- Inland Molasses Place No. 2 in the City of Du- ING THE MAYOR TO SIGN THE AGREE- buque, Iowa, was adopted. MENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and 192 Regular Session, June 21, 2010 Book 140 RESOLUTION NO. 192-10 and easements as they appear upon said Final APPROVING A FINAL PLAT INLAND MO- Plat, be and the same are hereby accepted. LASSES PLACE NO. 2 IN THE CITY OF DU- Section 2. That the Final Plat of Center BUQUE, IOWA City Place #2 is hereby approved and the Whereas, there has been filed with the City Mayor and City Clerk are hereby authorized Clerk a Final Plat Inland Molasses Place No. 2 and directed to endorse the approval of the in the City of Dubuque, Iowa; and City of Dubuque, Iowa, upon said Final Plat. st Whereas, said Final Plat has been ex-Passed, approved and adopted this 21 amined by the Zoning Advisory Commission day of June, 2010. and had its approval endorsed thereon; and Roy D. Buol, Mayor Whereas, said Final Plat has been ex-Attest: Jeanne F. Schneider, CMC, City Clerk amined by the City Council and they find that it conforms to the statues and ordinances relat-Final Plat – Center City Place #3: Zoning ing to it. Advisory Commission recommending approval NOW THEREFORE, BE IT RESOLVED of the final plat of Center City Place #3 located th BY THE CITY COUNCIL OF THE CITY OF at the southwest corner of East 10 and DUBUQUE, IOWA: Washington Streets as requested by Ware- Section 1. That the Final Plat Inland Mo-house Redevelopment, LLC. Upon motion the lasses Place No. 2 is hereby approved and the documents were received and filed and Reso- Mayor and City Clerk are hereby authorized lution No. 194-10 Approving the final plat of and directed to endorse the approval of the Center City Place #3 in the City of Dubuque, City of Dubuque, Iowa, upon said final plat. Iowa, was adopted. st Passed, approved and adopted this 21 RESOLUTION NO. 194-10 day of June 2010. APPROVING THE FINAL PLAT OF CENTER Roy D. Buol, Mayor CITY PLACE #3 IN THE CITY OF DUBUQUE, Attest: Jeanne F. Schneider, CMC, City Clerk IOWA Final Plat – Center City Place #2: Zoning Whereas, there has been filed with the City Advisory Commission recommending approval Clerk a Final Plat of Survey of Center City of the final plat of Center City Place #2 located Place #3 in the City of Dubuque, Iowa; and th at the southwest corner of East 11 and Whereas, upon said Final Plat appears th Washington Streets as requested by Mid streets to be known as East 10 Street (Lot A) America Holdings. Upon motion the docu-and Washington Street (Lot B), together with ments were received and filed and Resolution certain public easements, which the owner, by No. 193-10 Approving the final plat of Center said Final Plat, has dedicated to the public City Place #2 in the City of Dubuque, Iowa, forever; and was adopted. Whereas, said Final Plat has been ex- amined by the Zoning Advisory Commission RESOLUTION NO. 193-10 and had its approval endorsed thereon; and APPROVING THE FINAL PLAT OF SURVEY Whereas, said Final Plat has been ex- CENTER CITY PLACE #2 IN THE CITY OF amined by the City Council and they find that it DUBUQUE, IOWA. conforms to the statutes and ordinances relat- Whereas, there has been filed with the City ing to it. Clerk a Final Plat of Survey of Center City NOW, THEREFORE, BE IT RESOLVED Place #2 in the City of Dubuque, Iowa; and BY THE CITY COUNCIL OF THE CITY OF Whereas, upon said Final Plat appears DUBUQUE, IOWA: thth streets to be known as East 10 Street (Lot A) Section 1. That the dedication of East 10 and Washington Street (Lot B), together with Street (Lot A) and Washington Street (Lot B), certain public easements, which the owner, by and easements as they appear upon said Final said Final Plat, has dedicated to the public Plat, be and the same are hereby accepted. forever; and Section 2. That the Final Plat of Center Whereas, said Final Plat has been ex-City Place #3 is hereby approved and the amined by the Zoning Advisory Commission Mayor and City Clerk are hereby authorized and had its approval endorsed thereon; and and directed to endorse the approval of the Whereas, said Final Plat has been ex-City of Dubuque, Iowa, upon said Final Plat. st amined by the City Council and they find that it Passed, approved and adopted this 21 conforms to the statutes and ordinances relat-day of June 2010. ing to it. 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: Final Plat – Center City Place #4: Zoning th Section 1. That the dedication of East 10 Advisory Commission recommending approval Street (Lot A) and Washington Street (Lot B), of the final plat of Center City Place #4 located Book 140 Regular Session, June 21, 2010 193 th at the southeast corner of East 10 and Jack-Survey, has dedicated to the public forever; son Streets as requested by Caradco Building, and LLP. Upon motion the documents were re-Whereas, said Plat of Survey has been ex- ceived and filed and Resolution No. 195-10 amined by the Zoning Advisory Commission Approving the final plat of Center City Place #4 and had its approval endorsed thereon; and in the City of Dubuque, Iowa, was adopted. Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it RESOLUTION NO. 195-10 conforms to the statutes and ordinances relat- APPROVING THE PLAT OF SURVEY OF ing to it. CENTER CITY PLACE #4 IN THE CITY OF NOW, THEREFORE, BE IT RESOLVED DUBUQUE, IOWA. BY THE CITY COUNCIL OF THE CITY OF Whereas, there has been filed with the City DUBUQUE, IOWA: Clerk a Plat of Survey of Center City Place #4 Section 1. That the dedication of Lot A, and in the City of Dubuque, Iowa; and. easements as they appear upon said Plat of Whereas, upon said Plat of Survey ap-Survey, be and the same are hereby accepted. pears streets Lot A, together with certain pub-Section 2. That the Plat of Survey of Cen- lic easements, which the owner, by said plat of ter City Place #5 is hereby approved and the survey, has dedicated to the public forever; Mayor and City Clerk are hereby authorized and and directed to endorse the approval of the Whereas, said Plat of Survey has been ex-City of Dubuque, Iowa, upon said Plat of Sur- amined by the Zoning Advisory Commission vey. st and had its approval endorsed thereon; and Passed, approved and adopted this 21 Whereas, said Plat of Survey has been ex-day of June 2010. amined by the City Council and they find that it Roy D. Buol, Mayor conforms to the statutes and ordinances relat-Attest: Jeanne F. Schneider, CMC, City Clerk ing to it. NOW, THEREFORE, BE IT RESOLVED McAleece Park and Recreation Complex BY THE CITY COUNCIL OF THE CITY OF Parking Lot Reconstruction Project: City Man- DUBUQUE, IOWA: ager recommending award of the public im- Section 1. That the dedication of Lot A, and provement contract for the McAleece Park and easements as they appear upon said Plat of Recreation Parking Lot Reconstruction Project Survey, be and the same are hereby accepted. to Mathy Construction Company in the amount Section 2. That the Plat of Survey of Cen-of $248,673.25. Upon motion the documents ter City Place #4 is hereby approved and the were received and filed and Resolution No. Mayor and City Clerk are hereby authorized 197-10 Awarding public improvement contract and directed to endorse the approval of the for the McAleece Park and Recreation Parking City of Dubuque, Iowa, upon said Plat of Sur-Lot Reconstruction Project was adopted. vey. st RESOLUTION NO. 197-10 Passed, approved and adopted this 21 AWARDING PUBLIC IMPROVEMENT CON- day of June 2010. TRACT FOR THE MCALEECE PARK AND Roy D. Buol, Mayor RECREATION COMPLEX PARKING LOT Attest: Jeanne F. Schneider, CMC, City Clerk RECONSTRUCTION PROJECT Final Plat – Center City Place #5: Zoning Whereas, sealed proposals have been Advisory Commission recommending approval submitted by contractors for the McAleece of the final plat of Center City Place #5 located Park and Recreation Complex Parking Lot th at the northeast corner of East 10 and Jack-Reconstruction Project (the Project) pursuant son Streets as requested by Mid America to Resolution No. 161-10 and Notice to Bid- Holdings. Upon motion the documents were ders published in a newspaper published in st received and filed and Resolution No. 196-10 the City of Dubuque, Iowa on the 21 day of Approving the final plat of Center City Place #5 May, 2010; and in the City of Dubuque, Iowa, was adopted. Whereas, said sealed proposals were th opened and read on the 10 day of June, 2010 RESOLUTION NO. 196-10 and it has been determined that River City APPROVING THE PLAT OF SURVEY OF Paving, a Division of Mathy Construction CENTER CITY PLACE #5 IN THE CITY OF Company of Dubuque, Iowa, with a bid in the DUBUQUE, IOWA. amount of $248,673.25, is the lowest respon- Whereas, there has been filed with the City sive, responsible bidder for the Project. Clerk a Plat of Survey of Center City Place #5 NOW THEREFORE, BE IT RESOLVED in the City of Dubuque, Iowa; and BY THE CITY COUNCIL OF THE CITY OF Whereas, upon said Plat of Survey ap-DUBUQUE, IOWA: pears streets Lot A, together with certain pub-That a Public Improvement Contract for the lic easements, which the owner, by said Plat of Project is hereby awarded to River City Pav- 194 Regular Session, June 21, 2010 Book 140 ing, a Division of Mathy Construction Compa-Section 2. That the Mayor be authorized ny, and the City Manager is hereby directed to and directed to execute two copies of Supple- execute a Public Improvement Contract on mental Agreement for Maintenance of Primary behalf of the City of Dubuque for the Project. Roads in Municipalities for the Third Street st Passed, approved and adopted this 21 Overpass Bridge Approach Repair Project in day of June, 2010. Dubuque. st Roy D. Buol, Mayor Passed, approved and adopted this 21 Attest: Jeanne F. Schneider, CMC, City Clerk day of June, 2010. Roy D. Buol, Mayor Sustainable Cities Institute (SCI) Pilot Attest: Jeanne F. Schneider, CMC, City Clerk Community Application: City Manager recom- mending approval of the Sustainable Cities Fire Station #4 Re-Roof Project: City Man- Institute grant application in the amount of ager recommending that the award for the Fire $500,000. Upon motion the documents were Station #4 Re-Roof Project be officially record- received, filed, and approved. ed in the minutes of the City Council. Upon motion the documents were received and filed. Third Street Overpass Bridge Repair Project: City Manager recommending approval Federal Emergency Management Agency: of the Iowa Department of Transportation City Manager transmitting information on the Supplemental Funding Agreement for the correspondence from the Federal Emergency Third Street Overpass Bridge Repair Project. Management Agency regarding the proposed Upon motion the documents were received flood plain maps for the City of Dubuque. Upon and filed and Resolution No. 198-10 Approving motion the documents were received and filed. the Iowa Department of Transportation Sup- plemental Agreement for maintenance of pri-Roosevelt Road Water Tower Project: City mary roads in municipalities for the Third Manager recommending acceptance of the Street Overpass Bridge Approach Repair warranty deed for property at 3301 Roosevelt Project was adopted. Avenue from Fondell Excavating, Inc., for the Roosevelt Street Water Tower Project. Upon RESOLUTION NO. 198-10 motion the documents were received and filed APPROVING THE IOWA DEPARTMENT OF and Resolution No. 199-10 Accepting the deed TRANSPORTATION SUPPLEMENTAL to certain real estate in Dubuque County, AGREEMENT FOR MAINTENANCE OF Iowa, from Fondell Excavating, Inc., was PRIMARY ROADS IN MUNICIPALITIES FOR adopted. THE THIRD STREET OVERPASS BRIDGE APPROACH REPAIR PROJECT RESOLUTION NO. 199-10 ACCEPTING THE DEED TO CERTAIN REAL Whereas, the City of Dubuque (City) will be ESTATE IN DUBUQUE COUNTY, IOWA, the lead agency responsible for the administra- FROM FONDELL EXCAVATING, INC. tion of the Third Street Overpass Bridge Ap- proach Repair Project; and Whereas, the City of Dubuque entered into Whereas, the Third Street Overpass Bridge an Agreement with Fondell Excavating, Inc., Approach Repair Project in Dubuque has been for the purchase of the property at 3301 Roo- developed to include: section repair to the east sevelt Avenue, Dubuque, Iowa, for the pur- abutment retaining wall; replacement of 300 pose of the Roosevelt Street Water Tower feet of concrete sidewalk on both the east and Project, legally described as: Lot 1 of Orchard west sides; and the roadway resurfacing on Park Place, in the City of Dubuque, Iowa, ac- both the east and west abutment approaches; cording to the recorded Plat thereof; and and Whereas, the terms of the Agreement have Whereas, the City, in partnership with the now been met. Iowa Department of Transportation, will NOW, THEREFORE, BE IT RESOLVED finance the Third Street Overpass Bridge Ap-BY THE CITY COUNCIL OF THE CITY OF proach Repair Project. DUBUQUE, IOWA, AS FOLLOWS: NOW THEREFORE, BE IT RESOLVED 1. The City of Dubuque hereby accepts the BY THE CITY COUNCIL OF THE CITY OF Warranty Deed from Fondell Excavating, Inc., DUBUQUE, IOWA: attached hereto. Section 1. That said Iowa Department of 2. The City Clerk is hereby authorized and Transportation (Iowa DOT) Supplemental directed to record this Resolution and the War- Agreement for Maintenance of Primary Roads ranty Deed with the Dubuque County Record- in Municipalities between the City of Dubuque er. st and the Iowa Department of Transportation be Passed, approved and adopted this 21 approved for the Third Street Overpass Bridge day of June, 2010. Approach Repair Project in Dubuque. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, June 21, 2010 195 Government Finance Officers Association: derivatives market. Upon motion the docu- City Manager advising that the City has re-ments were received and filed. nd ceived for the 22 consecutive year the Gov- ernment Finance Officers Association Certifi-Creation of Recovery Zone Area: City cate of Achievement for Excellence in Finan-Manager recommending approval of the crea- cial Reporting for the City’s Comprehensive tion of a Recovery Zone Area to facilitate the Annual Financial Report for the fiscal year use of Recovery Zone Bonds and Recovery ended June 30, 2009. Upon motion the docu-Zone Economic Development Bonds. Upon ments were received and filed. motion the documents were received and filed and Resolution No. 201-10 Approving the es- Iowa Department of Natural Resources tablishment of a Recovery Zone Area within (IDNR) Funding Contract: City Manager re-the City of Dubuque was adopted. commending approval of Amendment #1 to the RESOLUTION NO. 201-10 Iowa Department of Natural Resources fund- APPROVING THE ESTABLISHMENT OF A ing contract regarding the E.B. Lyons Center RECOVERY ZONE AREA WITHIN THE CITY expansion project. Upon motion the docu- OF DUBUQUE. ments were received, filed, and approved. Whereas, the County of Dubuque has re- Terminal Street Pumping Station Improve-ceived two allocations of Recovery Zone Bond ments Project: City Manager recommending volume cap under the authority of Section acceptance of the Terminal Street Pumping 1400U-1(a) of the internal Revenue code of Station Improvements Project as completed by 1986, as amended, relating to the issuance of Morse Electric in the final amount of $615,475. Recovery Zone Facility Bonds and Recovery Upon motion the documents were received Zone Economic Development Bonds, which if and filed and Resolution No. 200-10 Accepting not committed by July 1, 2010 shall be recap- the Terminal Street Pumping Station Im-tured and allocated by the Iowa Finance Au- provements Project and authorizing payment thority (IFA) under House File 2487 enacted by of the contract amount to the contractor was the Iowa General Assembly; and adopted. Whereas, the City of Dubuque, Iowa, has received permission from the County to utilize RESOLUTION NO. 200-10 the foregoing Bond allocations; and ACCEPTING THE TERMINAL STREET Whereas, a Recovery Zone area must be PUMP STATION ELECTRICAL IMPROVE- established to facilitate the use of the Bonds; MENTS AND AUTHORIZING THE PAYMENT and OF THE CONTRACT AMOUNT TO THE Whereas, eligible Recovery Zones are CONTRACTOR those areas designated by the issuer as hav- Whereas, the Public Improvement Contract ing significant poverty, unemployment, rate of for the Terminal Pump Station Electrical Im-home foreclosures or general distress; and provements has been completed and the En-Whereas, Enterprise Zone 1A and Enter- gineer has examined the work stating the prise Zone 2A of the City were established Project has been completed according to the November 15, 2007 and fit the definition as a terms of the Public Improvement Contract and Recovery Zone. that the Water Pollution Control Manager re-NOW, THEREFORE, BE IT RESOLVED commends that the Project be accepted. 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. A Recovery Zone is hereby es- DUBUQUE, IOWA: tablished within the City of Dubuque, pursuant Section 1. The recommendation of the Wa-to Section 1400U-1(b)(1) of the internal Reve- ter Pollution Control Manager is approved and nue Code of 1986, as amended, having the the Project is hereby accepted with a final con-boundaries of existing Enterprise Zone 1A and tract amount of $615.475.00. Enterprise Zone 2A within the City and includ- Section 2. The Finance Director is hereby ing all of the territory located therein. directed to pay to the Contractor for the con-Section 2. The City Manager is hereby di- tract amount of $61.475.00. rected to notify the Iowa Finance Authority of st Passed, approved and adopted this 21 the creation of the Recovery Zone, to file such day of June, 2010. applications with IFA as may be necessary or Roy D. Buol, Mayor appropriate to receive allocations of Recovery Attest: Jeanne F. Schneider, CMC, City Clerk Zone Bond volume cap, and to take such other actions as may be necessary or desirable to Citizen Communication: Communication carry out the provisions of this resolution and from Vaughan C. Yaklin requesting that the to assure compliance with federal laws relating City Council consider a resolution regarding to the issuance of Recovery Zone Bonds. substantial reformative legislation reining in the 196 Regular Session, June 21, 2010 Book 140 st Passed, approved and adopted this 21 for approval and the same have been ex- day of June 2010. amined and approved; and Roy D. Buol, Mayor Whereas, the premises to be occupied by Attest: Jeanne F. Schneider, City Clerk such applicants were inspected and found to comply with the Ordinances of the City and Purchase of Unbudgeted Utility have filed proper bonds. Truck/Welder Unit: City Manager recommend-NOW, THEREFORE, BE IT RESOLVED ing approval of the purchase of an unbudgeted BY THE CITY COUNCIL OF THE CITY OF utility truck/welder unit for the Parking Division. DUBUQUE, IOWA: Upon motion the documents were received, That the Manager be authorized to cause filed, and approved. to be issued the following named applicants a Beer Permit. Workers’ Compensation Claim: City Man-CLASS “B” BEER PERMIT ager recommending approval of the settlement Legionnaires Drum/Bugle Corps, Colts Com- of the workers’ compensation claim of John munity Center Gotto. Upon motion the documents were re-+(Sunday Sale), 1101 Central Avenue ceived, filed, and approved. CLASS “C” BEER PERMIT Pioneers Rest Stop, LLC, Pioneers Rest Stop National Mississippi River Museum and +(Sunday Sale), 4900 Old Highway Road Aquarium: Communication from Jerry Enzler, Passed, approved and adopted this 21st Executive Director – Dubuque County Histori-day of June, 2010. cal Society, requesting to lease the land be-Roy D. Buol, Mayor tween the National Mississippi River Museum Attest: Jeanne F. Schneider, CMC, City Clerk and Aquarium and the new National River RESOLUTION NO. 203-10 Center. Upon motion the document was re- ceived and filed and referred to the City Man-Whereas, applications for Liquor Licenses ager. have been submitted to this Council for ap- proval and the same have been examined and Americans with Disabilities Commemora-approved; and tion Roundtable: Communication from the Whereas, the premises to be occupied by Human Rights Commission inviting the City such applicants were inspected and found to Council to attend the ADA Commemoration comply with the State Laws and all City Ordin- Roundtable to be held on Thursday, July 8, ances relevant thereto and they have filed 2010. Upon motion the document was re-proper bonds. ceived and filed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Liquor License Applications: City Manager DUBUQUE, IOWA: recommending approval of annual liquor li-That the Manager be authorized to cause cense renewals as submitted. Upon motion the to be issued the following named applicants a documents were received and filed and Reso-Liquor License. lution No. 202-10 Granting the issuance of a CLASS “C” BEER/LIQUOR LICENSE Class “B” Beer Permit to the Colts Community Mason Dixon, Inc., Mason Dixon Sa- Center and a Class “C” Beer Permit to Pio-loon+(Sunday Sale), 163 Main Street neers Rest Stop; Resolution No. 203-10 Grant-DBQ Co. Historical Society, National Miss. ing the issuance of a Class “C” Beer/Liquor River Museum/Aquarium, +(Sunday Sale), 400 rd License to Mason Dixon Saloon, National Riv-E. 3 Street er Museum, Applebee’s Grill and Bar, Cres-Apple Corp, LP, Applebee’s Grill & Bar lanes Bowling, Fischer Lanes, Rotary Club, +(Sunday Sale), 1395 Associates Drive American Legion, Paul’s Tavern and Five Creslanes Bowling, Inc., Creslanes Bowl- Flags Center; a Class “B” Wine Permit to Ooh ing +(Sunday Sale), 255 S. Main Street LaLa; Class “B” Wine (Six Month) Permit to Plastic Center, Inc., Fischer Lanes Church of the Resurrection and a Class “C” +(Sunday Sale), 880 Locust Street Beer/Liquor License (Five Day Special Event) Rotary Club of Dubuque, Rotary Club th to Dubuque Area Labor Management Council; +(Sunday Sale), 135 W. 8 Street and Resolution No. 204-10 Granting the is-American Legion # 6, American Legion suance of fifty-two (52) renewal permits to sell Post #6 +(Sunday Sale), 1306 Delhi Street cigarettes within the City of Dubuque were Tom Koch, Inc., Paul’s Tavern+(Sunday adopted. Sale), 176 Locust Street SMG Food/Beverage, LLC, Five Flags RESOLUTION NO. 202-10 Center+(Sunday Sale), 405 Main Street Whereas, applications for Beer Permits CLASS “B” WINE have been submitted and filed to this Council Creative Touch Gallery, Ooh LaLa, 3460 Hillcrest Road Book 140 Regular Session, June 21, 2010 197 CLASS “B” WINE (6 MONTH) Hy-Vee Wine & Spirits # 1, Hy-Vee, Inc., Church of the Resurrection, Church of the 3500 Dodge Street Resurrection, 4300 Asbury Road Hy-Vee Gas # 2, Hy-Vee, Inc., 2435 NW Arterial CLASS “C” BEER/LIQUOR LICENSE (5-DAY Hy-Vee Gas # 3, Hy-Vee, Inc., 300 S Lo- SPECIAL EVENT) cust Street DBQ Area Labor Management, DBQ Area Iowa Street Market, Inc., Terrence J. Nor- Labor Management, Town Clock Plaza ton, 1256 Iowa Street st Passed, approved and adopted this 21 Kwik Star # 495, Kwik Tri, Inc., 2685 day of June, 2010 Dodge Street Roy D. Buol, Mayor Kwik Stop, Rainbo Oil Company, 2255 Attest: Jeanne F. Schneider, CMC, City Clerk Kerper Blvd. Kwik Stop, Rainbo Oil Company, 2390 RESOLUTION NO. 204-10 Central Avenue NOW, THEREFORE, BE IT RESOLVED Kwik Stop, Rainbo Oil Company, 2320 BY THE CITY COUNCIL OF THE CITY OF Hwy 61 South DUBUQUE, IOWA: Kwik Stop, Rainbo Oil Company, 4039 That the following having complied with the Pennsylvania Avenue provisions of law relating to the sale of Ciga-Kwik Stop, Rainbo Oil Company, 2335 rettes within the City of Dubuque, Iowa, be University Avenue granted a permit to sell Cigarettes and Ciga-Kwik Stop, Rainbo Oil Company, 2150 rette Papers within said City. Twin Valley Road 52 RENEWALS McCann’s Service, Inc., McCann’s Service, 16th St Auto Truck Plaza, Mulgrew Oil Inc., 690 W. Locust Street Company, 1215 E.16th Street Oky Doky # 1, TFM Co., 250 W 1st Street Aragon Tap, Myra K. Woodman, 1103 Oky Doky # 2, TFM Co., 51 W. 32nd Street Iowa Street Oky Doky # 8, Hill St Plaza, 535 Hill Street Beecher Co, Inc., Beecher Co., Inc., 1691 Paro Food Mart, Sahajanand Enterprise, Asbury Road Inc., 3200 Central Avenue Big 10 Mart, Molo Oil Company, 1875 JFK Phillips 66, Liberty Station, LLC, 10 S Main Road Street Big 10 Mart, Molo Oil Company, 2100 JFK Plaza 20 BP/Amoco, R Future Inc, 2600 Road Dodge Street Casey’s General Store # 2420, Casey’s Pioneer’s Rest Stop LLC, Pioneer’s Rest Marketing, 2699 Rockdale Road Stop, LLC, 4900 Old Highway Road Casey’s General Store# 2421, Casey’s Puff n Snuff, Molo Oil Co., 1101 Rhomberg Marketing, 4003 Peru Road Avenue Clark of Dubuque, Omer Farooq, 700 Road Ranger # 159, Road Ranger, LLC, Rhomberg Avenue 2175 Central Avenue Dubuque Mining Co., Apartment, Ltd., 555 Ron’s 5 Point Mart, R Future, Inc., 405 JFK Road Rhomberg Avenue Mystique Casino, DBQ Racing Association, Ron’s Discount Smokes/Beverage, RKM 1855 Greyhound Park Drive LLC, 3300 Asbury Road Eagle Country Market, Downtown Eagle, Ron’s Discount Smokes/Beverage, RKM Inc., 1800 Elm Street LLC, 1450 Loras Blvd. Family Mart, Inc., Family Mart, Inc., 3201 The Riviera Lounge, Ltd., O’Clock Indus- Central Avenue tries, Inc., 116 W. 13th Street Hammerheads Bar & Billiards, Hammer-Sid’s Beverage, Beverly Miller, 2727 heads, Inc., 2095 Kerper Blvd. # 2 Dodge Street Hartig Drug Company # 2, Hartig Drug Tobacco Outlet Plus # 504, Kwik Trip, Inc., Company, 157 Locust Street 806 Wacker Dr # 140 Hartig Drug Company # 3, Hartig Drug Walgreen # 6154, Walgreen Co., 2260 JFK Company, 2255 JFK Road Road Hartig Drug Company # 4, Hartig Drug Walgreen # 9708, Walgreen Co., 55 JFK Company, 2225 Central Avenue Road Hartig Drug Company # 8, Hartig Drug Walgreen # 11942, Walgreen Co., 345 E. Company, 1600 University Avenue 20th Street Hy-Vee Food Store # 1, Hy-Vee, Inc., 3500 Wal-Mart Supercenter # 2004, Wal-Mart Dodge Street Stores, Inc., 4200 Dodge Street Hy-Vee Food Store # 2, Hy-Vee, Inc., 2393 Walnut Tap, Craig J. Weiner, 709 Universi- NW Arterial ty Avenue Hy-Vee Food Store # 3, Hy-Vee, Inc., 400 Passed, approved and adopted this 21st S Locust Street day of June, 2010 198 Regular Session, June 21, 2010 Book 140 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Riverfront Marina – Ice Harbor Location: ITEMS TO BE SET FOR PUBLIC HEARING City Manager recommending that a public hearing be set for July 6, 2010 to consider the Motion by Lynch to receive and file the Riverfront Marina – Ice Harbor location. Upon documents, adopt the resolutions, set the pub-motion the documents were received and filed lic hearings as indicated, and direct the City and Resolution No. 206-10 Setting a time and Clerk to publish notice as prescribed by law. place for a public hearing for the Port of Dubu- Seconded by Braig. Motion carried 7-0. que – Riverfront Marina Project was adopted setting a public hearing for a meeting to com- Dubuque County Lease: City Manager re-mence at 6:30 p.m. on July 6, 2010 in the His- commending that a public hearing be set for toric Federal Building. July 6, 2010 to consider a proposed five year RESOLUTION NO. 206-10 lease with Dubuque County for space in the PORT OF DUBUQUE Historic Federal Building. Upon motion the RIVERFRONT MARINA PROJECT documents were received and filed and Reso- SETTING A TIME AND PLACE FOR A PUB- lution No. 205-10 Intent to dispose of an inter- LIC HEARING FOR THE PORT OF DUBU- est in real property owned by the City of Du- QUE - RIVERFRONT MARINA PROJECT buque by lease between the City of Dubuque, Iowa, and Dubuque County was adopted set-NOW THEREFORE, BE IT RESOLVED ting a public hearing for a meeting to com-BY THE CITY COUNCIL OF THE CITY OF mence at 6:30 p.m. on July 6, 2010 in the His-DUBUQUE, IOWA: th toric Federal Building. A public hearing will be held on the 6 day of July, 2010 at 6:30 p.m. in the City Council RESOLUTION NO. 205-10 Chambers at the Historic Federal Building at INTENT TO DISPOSE OF AN INTEREST IN which time interested persons may appear and REAL PROPERTY OWNED BY THE CITY OF be heard for or against the Port of Dubuque - DUBUQUE BY LEASE BETWEEN THE CITY Riverfront Marina Project and the proposed Ice OF DUBUQUE, IOWA, AND DUBUQUE Harbor location. COUNTY The City Clerk be and is hereby directed to Whereas, the City of Dubuque, Iowa (City), cause the attached notice of the time and owns the real property described as the Historic place of such hearing to be published in a th Federal Building, located at 350 West 6 newspaper having general circulation in the Street in the City of Dubuque, Iowa; and City of Dubuque, Iowa, which notice shall be Whereas, City and Dubuque County have published not less than four days nor more negotiated a Lease Agreement for space in the than twenty days prior to the date of such Historic Federal Building, a copy of which Lease hearing. At the hearing, any interested person Agreement is on file at the office of the City may appear and address the City Council con- th Clerk, City Hall, 13 and Central Avenue, cerning the Port of Dubuque – Riverfront Mari- Dubuque, Iowa; and na Project and the proposed Ice Harbor loca- Whereas, the City Council believes it is in tion. st the best interests of the City of Dubuque to Passed, adopted and approved this 21 approve the Lease Agreement. day of June, 2010. NOW, THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, CMC, City Clerk DUBUQUE, IOWA: Section 1. The City of Dubuque intends to Easement Agreement for Washington Row dispose of its interest in the foregoing-described Houses Project: City Manager recommending real property by Lease Agreement between City that a public hearing be set for July 6, 2010 to and Dubuque County. consider the disposition of real property owned Section 2. The City Clerk is hereby by the City in the form of an easement agree- authorized and directed to cause this Resolution ment for common uses of property at the and a notice to be published as prescribed by “Washington Row Houses” located at 1765 – th Iowa Code Section 364.7 of a public hearing on 1795 Washington Street and 260 East 18 the City's intent to dispose of the foregoing-Street. Upon motion the documents were re- th described real property, to be held on the 6 day ceived and filed and Resolution No. 207-10 of July, 2010, at 6:30 o'clock p.m. at the Historic Setting a public hearing on a proposed ease- th Federal Building, Council Chambers, 350 W. 6 ment agreement between the City of Dubuque, Street, Dubuque, Iowa. Iowa, (City), Keith Karlton Clark and Mary E. st Passed, approved and adopted this 21 day Clark (Clark), DB&T Community Development of June, 2010. Corp. (DB&T CDC), and Gary F. Bishop (Bi- Roy D. Buol, Mayor shop), establishing rights and duties of the Book 140 Regular Session, June 21, 2010 199 parties relating to the Washington Street Row mence at 6:30 p.m. on July 6, 2010 in the His- Houses Projectwas adoptedsetting a public toric Federal Building. hearing for a meeting to commence at 6:30 RESOLUTION NO. 208-10 p.m. on July 6, 2010 in the Historic Federal IA 32 AND ASBURY ROAD TURN LANE Building. IMPROVEMENTS PROJECT RESOLUTION NO. 207-10 IOWA DOT PROJECT SETTING A PUBLIC HEARING ON A NO. STP-32-1(30)--2C-31 PROPOSED EASEMENT AGREEMENT PRELIMINARY APPROVAL OF PLANS, BETWEEN THE CITY OF DUBUQUE , IOWA SPECIFICATIONS, FORM OF CONTRACT, (CITY), KEITH KARLTON CLARK AND AND ESTIMATED COST; SETTING DATE MARY E. CLARK (CLARK), DB&T OF PUBLIC HEARING ON PLANS, SPECI- COMMUNITY DEVELOPMENT CORP. FICATIONS, FORM OF CONTRACT, AND (DB&T CDC), AND GARY F. BISHOP ESTIMATED COST; AND ORDERING THE (BISHOP), ESTABLISHING RIGHTS AND ADVERTISEMENT FOR BIDS DUTIES OF THE PARTIES RELATING TO NOW THEREFORE, BE IT RESOLVED THE WASHINGTON STREET ROW HOUSES BY THE CITY COUNCIL OF THE CITY OF PROJECT DUBUQUE, IOWA: Whereas, City, Clark, DB&T CDC, and The proposed plans, specifications, form of Gary F. Bishop are owners of the real estate contract and estimated cost for the IA 32 and related to the Washington Row Houses Asbury Road Turn Lane Improvements , Project; and Project Iowa DOT Project No. STP-32-1(30)-- Whereas, these parties wish to revise, res-2C-31, in the estimated amount $670,700.00, tate and establish various rights and obliga-are hereby preliminarily approved and ordered tions of the parties, their successors and as-filed in the office of the City Clerk for public signs with respect to use, access, construc-inspection. th tion and maintenance of structures and open A public hearing will be held on the 6 day space, city water, sanitary sewer, storm water, of July, 2010 at 6:30 p.m. in the Historic Fed- drainage and utilities relating to the Washing-eral Building Council Chambers at which time ton Street Row Houses Project. interested persons may appear and be heard NOW THEREFORE BE IT RESOLVED BY for or against the proposed plans and specifi- THE CITY COUNCIL OF THE CITY OF cations, form of contract and estimated cost of DUBUQUE, IOWA, AS FOLLOWS: said Project, and the City Clerk be and is he- 1. The City Clerk is hereby authorized and reby directed to cause the attached notice of directed to cause this Resolution and a Notice to the time and place of such hearing to be pub- be published as prescribed by Iowa Code lished in a newspaper having general circula- Section 364.3 of a public hearing on the City tion in the City of Dubuque, Iowa, which notice Council's intent to approve the Easement shall be published not less than four days nor th Agreement attached hereto, to be held on the 7 more than twenty days prior to the date of day of July, 2010 at 6:30 o'clock p.m. to be held such hearing. At the hearing, any interested at the City Council Chambers at the Historical person may appear and file objections to the th Federal Building at 350 West 6 Street, proposed plans, specifications, form of con- Dubuque, Iowa. tract, or estimated cost of the Project. st Passed, approved and adopted this 21 day The IA 32 and Asbury Road Turn Lane Im- , of June, 2010. provements Project Iowa DOT Project No. Roy D. Buol, Mayor STP-32-1(30)--2C-31, is hereby ordered to be Attest: Jeanne F. Schneider, CMC, City Clerk advertised for bids for construction. The amount of the security to accompany IA 32 and Asbury Road Turn Lane Im-each bid shall be in an amount which shall provements Project: City Manager recom-conform to the provisions of the Notice to Bid- mending initiation of the public bidding process ders hereby approved. for the IA 32 and Asbury Road Turn Lane Im-The City Clerk is hereby directed to adver- provements Project and that a public hearing tise for bids for the construction of the im- be set for July 6, 2010 to consider approval of provements herein provided, by publishing the the plans and specifications, form of contract attached Notice to Bidders to be published in a and estimated cost. 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. 208-10 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 cost, setting date of public hearing and order-before 10:00 a.m. Central Time, with opening ing bids for the IA 32 and Asbury Road Turn and reading of bids by the Iowa Department of th Lane Improvements Project was adopted set-Transportation on the 20 day of July, 2010. ting a public hearing for a meeting to com-Bids shall be opened and read by the Iowa 200 Regular Session, June 21, 2010 Book 140 Department of Transportation after 10:30 a.m. Connors to appoint Stephen Reisdorf and Central Time on the same date and will be Gary Ruden to the Investment Oversight Advi- submitted to the City Council for final action on sory Commission for 3-year terms through July nd the 2 day of August, 2010 in the Historic 1, 2013. Seconded by Braig. Motion carried 7- Federal Building Council Chambers (second 0. th floor), 350 West 6 Street, Dubuque, Iowa. Library Board of Trustees – Mayor Ap- st Passed, approved and adopted this 21 pointment: Two 4-year terms through July 1, day of June, 2010. 2014 (Terms of Guns and Kolz). Applicants: Roy D. Buol, Mayor Diann Guns, 1715 Diane Court; Fred Miller, Attest: Jeanne F. Schneider, CMC, City Clerk 2462 Central Avenue; Gail Murphy, 3097 Oak View Court; and Lorri Regan, 2659 Queen BOARDS/COMMISSIONS Street. Upon City Council concurrence, Mayor Buol appointed Diann Guns and Fred Miller to Appointments were made to the following the Library Board of Trustees for 4-year terms Boards/Commissions: through July 1, 2014. Arts and Cultural Affairs Advisory Commis-Long Range Planning Advisory Commis- sion (Arts Community Representatives). Four sion: Two 3-year terms through July 1, 2013 3-year terms through June 30, 2013 (Terms of (Terms of Prochaska and Winterwood). Appli- Hemmer, Kames, Kohl, Riedel). Applicants: cants: Lou Oswald, 1080 Nowata Street; Thomas Goodman, 3559 Copper Field Court; James Prochaska, 1410 Parkway Street; and Paul Hemmer, 2375 Simpson Street; Louise Charles Winterwood, 1555 Montrose Terrace. Kames, 900 Clarke Drive; Paul Kohl, 60 Lind-Upon roll call vote, James Prochaska and berg Terrace; Marina O’Rourke Rosenow, Charles Winterwood were appointed to the 2085 Mullen Road; and Susan Riedel, 282 Long Range Planning Advisory Commission Kelly’s Bluff. Upon roll call vote Paul Hemmer, for 3-year terms through July 1, 2013. Louise Kames, Marina O’Rourke Rosenow, Park and Recreation Commission: Three and Susan Riedel were appointed to the Arts 3-year terms through June 30, 2013 (Terms of and Cultural Affairs Advisory Commission for Harjehausen, Hoffmann, Lyness). Applicants: th 3-year terms through June 30, 2013. Council Shane Duncan, 623 West 8 Street; Don Fo- Member Resnick abstained from a fourth ley, 2489 Wheatland Drive; Charles Harris, choice citing a conflict of interest. 2473 Jackson Street; Paul Hoffman, 174 Brad- Civic Center Commission: Three 3-year ley Street; Kenneth Klinge, 2267 Carter Road; terms through June 29, 2013 (Terms of Bakke, Karen Lyness, 89 Alpine Street; and David Balsamo, Kurt). Applicants: Rod Bakke, 3030 Schlueter, 2645 Crescent Ridge. Upon roll call Karen Street; Marilynne Field, 1805 Eden vote, Paul Hoffman, Karen Lyness, and David Lane; Barb Kurt, 1304 Atlantic Street. Motion Schlueter were appointed to the Park and by Braig to appoint Rod Bakke, Marilynne Recreation Commission for 3-year terms Field, and Barb Kurt to the Civic Center Com-through June 30, 2013. mission for 3-year terms through June 29, TV Cable Regulatory Commission: One 3- 2013. Seconded by Connors. Motion carried 7-year terms through June 30, 2013 (Term of 0. Stevens). Applicant: Kevin Stevens, 1735 Historic Preservation Commission (Jack-Lawndale Street. Motion by Connors to ap- son Street Historic District). One 3-year term point Kevin Stevens to the TV Cable Regulato- through July 1, 2013 (Term of McDonell). Ap-ry Commission for a 3-year term through June th plicant: Robert McDonell, 135 West 17 30, 2013. Seconded by Braig. Motion carried Street. Motion by Connors to appoint Robert 7-0. McDonell to the Historic Preservation Com-Zoning Advisory Commission: Two 3-year mission’s Jackson Street Historic District for a terms through July 1, 2013 (Terms of Norton 3-year term through July 1, 2013. Seconded and Stiles). Applicants: Patrick Norton, 2739 by Braig. Motion carried 7-0. Burden Avenue; and Jeff Stiles, 3087 Central Human Rights Commission: One 3-year Avenue. Motion by Braig to appoint Patrick term through January 1, 2011 (Vacant term of Norton and Jeff Stiles to the Zoning Advisory Allan). Applicants: Frederick Davis, Jr., 2374 Commission for 3-year terms through July 1, Green Street; and Robert Yunk, 815 Rose 2013. Seconded by Lynch. Motion carried 7-0. Street. Upon roll call vote Frederick Davis, Jr. PUBLIC HEARINGS was appointed to the Human Rights Commis- sion to complete a 3-year term through Janu- ary 1, 2011. Upon motion the rules were suspended al- Investment Oversight Advisory Commis-lowing anyone present to address the City sion: Two 3-year terms through July 1, 2013 Council. (Terms of Reisdorf and Ruden). Applicants: Stephen Reisdorf, 740 Brookview Square; and University of Dubuque – Amend Institu- st Gary Ruden, 325 West 1 Street. Motion by tional District: Proof of publication on notice of Book 140 Regular Session, June 21, 2010 201 public hearing to consider a request from the a. Offices for administra- University of Dubuque to amend the ID Institu-tive personnel or other insti- tional District to allow construction of an ex-tutional employees and affil- panded parking lot, a new parking lot, and a iates. new office/classroom building near the corner b. Churches, libraries, of Finley and West Streets and the Zoning and museums. Advisory Commission recommending approv-c. Classrooms, laborato- al. Motion by Connors to receive and file the ries, lecture halls, and simi- documents and that the requirement that a lar places of institutional as- proposed ordinance be considered and voted sembly. on for passage at two Council meetings prior d. Off-street parking and to the meeting at which it is to be passed be loading. suspended. Seconded by Braig. Motion carried e. Recreational or athlet- 7-0. ic facilities for the primary Motion by Connors for final consideration use and benefit of institu- and passage of Ordinance No. 28-10 Amend-tional residents or affiliates. ing Title 16 of the City of Dubuque Code of f. Single-family, two- Ordinances, Unified Development Code, by family or multi-family dwel- providing for the approval of an amended lings for the housing of insti- campus development plan to allow construc-tutional residents or affili- tion of an expanded parking lot, a new parking ates. lot, and a new office/classroom building for the 2. Accessory Uses. The fol- University of Dubuque ID Institutional District lowing uses shall be permitted as near the corner of Finley and West Streets. accessory uses in the above- Seconded by Braig. Vice President of Finance described ID Institutional District. for the University of Dubuque Jim Steiner pro-a. Located entirely within vided a presentation in support of the request. a principal building, books- Planning Services Manager Laura Carstens tores, or bars seating not provided a staff report. Motion carried 7-0. more than seventy-five (75) persons at one time and lo- OFFICIAL PUBLICATION cated not closer than two ORDINANCE NO. 28-10 hundred feet (200’) from the AMENDING TITLE 16 OF THE CITY OF DU- nearest Residential or Office BUQUE CODE OF ORDINANCES, UNIFIED Residential District. DEVELOPMENT CODE, BY PROVIDING b. All uses customarily FOR THE APPROVAL OF AN AMENDED incidental to the principal CAMPUS DEVELOPMENT PLAN TO AL- permitted uses in conjunc- LOW CONSTRUCTION OF AN EXPANDED tion with which such acces- PARKING LOT, A NEW PARKING LOT AND sory uses operated or main- A NEW OFFICE/CLASSROOM BUILDING tained, but not to include FOR THE UNIVERSITY OF DUBUQUE ID commercial use outside the INSTITUTIONAL DISTRICT NEAR THE principal building. CORNER OF FINLEY AND WEST STREETS. 3. No conditional uses shall NOW, THEREFORE, BE IT ORDAINED be allowed. BY THE CITY COUNCIL OF THE CITY OF B. Lot and Bulk Regulations DUBUQUE, IOWA: Development of land in the ID In- Section 1. That Title 16 of the City of Du-stitutional District shall be regulated buque Code of Ordinances, Unified Develop-as follows: ment Code, be amended by providing for the The proposed Mercer Birmingham approval of an amended campus development Hall, the proposed parking lot at the plan for the University of Dubuque ID Institu-corner of Finley and West Streets, tional District, a copy of which is on file with and the proposed parking lot at Finley the City of Dubuque Planning Services De-and McCormick Streets shall be con- partment. structed in substantial conformance Section 2. Institutional District Regulations. with the attached amended campus A. Use Regulations development plan. The following regulations shall C. Performance Standards apply to all uses made of land in the The development and mainten- above-described ID Institutional Dis-ance of uses in this ID Institutional trict: District shall be established in con- 1. Principal permitted uses formance with Section 5-22 of the shall be limited to: Unified Development Code and the following standards: 202 Regular Session, June 21, 2010 Book 140 1. The storm water control Any modifications of this Ordin- shall be designed and built in ac-ance must be approved by the City cordance with City Regulations Council in accordance with zoning subject to review and approval reclassification proceedings of Article by the City of Dubuque Engineer-9 of the Unified Development Code. ing Department. I. Recording 2. That appropriate erosion A copy of this ordinance shall be and sediment control will be in-recorded at the expense of the prop- stalled prior to commencement of erty owner(s) with the Dubuque any land disturbing activity re-County Recorder as a permanent lated to the subject project, in-record of the conditions accepted as cluding all required state and city part of this reclassification approval permits related to erosion con-within thirty (30) days of the adoption trol. of this ordinance. This ordinance shall 3. New outdoor lighting shall be binding upon the undersigned and utilize 72-degree cut-off lumina-all his/her heirs, successors and as- ries. signees. 4. Landscaping shall be pro-Section 3. The foregoing amendment has vided in compliance with Article heretofore been reviewed by the Zoning Advi- 13 of the Unified Development sory Commission of the City of Dubuque, Code. Iowa. 5. All utilities, including tele-Section 4. The foregoing amendment shall phone and cable television, shall take effect upon publication, as provided by be installed underground. law. st 6. Final site plans shall be Passed, approved and adopted this 21 submitted in accordance with Ar-day of June, 2010. ticles 12 and 13 of the Unified /s/Roy D. Buol, Mayor: Development Code. Attest: /s/Jeanne F. Schneider, CMC, City D. Parking Requirements Clerk The off-street parking require-Published officially in the Telegraph Herald th ments for the principal permitted uses Newspaper the 25 day of June, 2010. for the herein described ID Institu-/s/Jeanne F. Schneider, CMC, City Clerk tional District shall be regulated as follows. Request to Rezone – Toby Kress: Proof of 1. The number, size and publication on notice of public hearing to con- layout of off-street parking shall sider a request from Toby Kress to rezone the be in substantial compliance with west portion of Lot 1 Kunde Place #3 located the amended campus plan. on Old Highway Road from AG Agricultural 2. Any significant expansion District to CR Commercial Recreation District or reduction in the number of off-and Zoning Advisory Commission recommend- street parking spaces must be ing approval. Motion by Jones to receive and reviewed by Planning Services file the documents and that the requirement staff for compliance with the that a proposed ordinance be considered and adopted Institutional District voted on for passage at two Council meetings regulations. prior to the meeting at which it is to be passed E. Sign Regulations be suspended. Seconded by Connors. Motion The sign regulations shall be the carried 7-0. same as that which are allowed in the Motion by Jones for final consideration and ID Institutional District as established passage of Ordinance No. 29-10 Amending in Article 15 of the Unified Develop-Title 16 of the City of Dubuque Code of Ordin- ment Code. ances, Unified Development Code, by reclassi- F. Additional Standards fying hereinafter described property located That all previously approved south of Old Highway Road from AG Agricul- campus development plans are here-tural District to CR Commercial Recreation by amended to allow for the attached District with conditions. Seconded by Connors. campus development plan. Planning Services Manager Laura Carstens G. Transfer of Ownership provided a staff report and stated that as re- Transfer of ownership of property quired property owners within 200 feet of the in this ID Institutional District requires area were informed of the request and the rezoning of the property to an appro-public hearing process. Developer Toby Kress, priate zoning district. 3020 N. Cascade Road, spoke in support of H. Modifications the proposed ordinance. Motion carried 7-0. Book 140 Regular Session, June 21, 2010 203 OFFICIAL PUBLICATION record of the conditions accepted as ORDINANCE NO. 29-10 part of this rezoning approval within AMENDING TITLE 16 OF THE CITY OF DU- thirty (30) days of the adoption of Or- BUQUE CODE OF ORDINANCES, UNIFIED dinance No. 29-10. DEVELOPMENT CODE, BY RECLASSIFY- D) Construction. This Agreement shall ING HEREINAFTER DESCRIBED PROPER- be construed and interpreted as TY LOCATED SOUTH OF OLD HIGHWAY though it were part of Appendix A of ROAD FROM AG AGRICULTURAL DIS- the Code of Ordinances of the City of TRICT TO CR COMMERCIAL RECREATION Dubuque, also known as the Zoning DISTRICT, WITH CONDITIONS. Ordinance of the City of Dubuque, NOW, THEREFORE, BE IT ORDAINED Iowa. BY THE CITY COUNCIL OF THE CITY OF E) This Agreement shall be binding upon DUBUQUE, IOWA: the undersigned and his/her heirs, Section 1. That Title 16 of the City of Du-successor and assignees. buque Code of Ordinances, Unified Develop- ACCEPTANCE OF ORDINANCE NO. 29-10 ment Code, is hereby amended by reclassify- ing the hereinafter described property from AG I, Toby Kress, having read the terms and Agricultural District to CR Commercial conditions of the foregoing Ordinance No. 29- Recreation District, with conditions, to wit: 10 and being familiar with the conditions the- West portion of Lot 1 Kunde Place, and to the reof, hereby accept this same and agree to the centerline of the adjoining public right-of-way, conditions required therein. th all in the City of Dubuque, Iowa. Dated in Dubuque, Iowa this 9 day of Section 2. The foregoing amendment has June, 2010. heretofore been reviewed by the Zoning Advi-/s/Toby Kress sory Commission of the City of Dubuque, Published officially in the Telegraph Herald th Iowa. Newspaper the 25 day of June, 2010. Section 3. This Ordinance shall take effect /s/Jeanne F. Schneider, CMC, City Clerk upon publication, as provided by law. st Passed, approved and adopted this 21 Request to Rezone – Scott Potter: Proof of day of June, 2010. publication on notice of public hearing to con- /s/Roy D. Buol, Mayor sider a request from Scott Potter to rezone Attest: /s/Jeanne F. Schneider, CMC, City property located at 525 Garfield Avenue / 1907 Clerk and 1911 Johnson Street from C-1 Neighbor- hood Commercial District and R-2A Alternate MEMORANDUM OF AGREEMENT Two-Family Residential District to C-3 General Pursuant to the Iowa Code Section 414.5 Commercial District and Zoning Advisory (2007), and as an express condition of rezon-Commission recommending approval. Motion ing of the property described as: West portion by Connors to receive and file the documents of Lot 1 Kunde Place, and to the center line of and that the requirement that a proposed or- the adjoining public right-of-way, all in the City dinance be considered and voted on for pas- of Dubuque, Iowa, which is the subject of Or-sage at two Council meetings prior to the dinance No. 29-10, a copy of which is attached meeting at which it is to be passed be sus- hereto and incorporated herein by reference, pended. Seconded by Jones. Motion carried 7- the undersigned property owners, agree to the 0. following conditions, all of which the property Motion by Connors for final consideration owner further agrees are reasonable and are and passage of Ordinance No. 30-10 Amend- imposed to satisfy public needs which are ing Title 16 of the City of Dubuque Code of caused directly by the rezoning: Ordinances, Unified Development Code, by A) Performance Standards reclassifying hereinafter described property 1) That a minimum of 70 ever-located at 525 Garfield and 1907 and 1911 greens shall be planted along Johnson Street from C-1 Neighborhood Com- the west side of the property. mercial District and R-2A Alternate Two-Family B) Modifications. Any modifications of Residential District to C-3 General Commercial this Agreement shall be considered a District. Seconded by Braig. Scott Potter, 515 zoning reclassification and shall be Garfield, spoke in support of the proposed subject to the provisions of the Zon-ordinance. Planning Services Manager Laura ing Ordinance governing zoning rec-Carstens provided a staff report. Motion car- lassifications. All such modifications ried 7-0. must be approved by the City Council OFFICIAL PUBLICATION of Dubuque, Iowa. ORDINANCE NO. 30-10 C) Recording. A copy of this Agreement AMENDING TITLE 16 OF THE CITY OF DU- shall be recorded with the Dubuque BUQUE CODE OF ORDINANCES, UNIFIED County Recorder as a permanent 204 Regular Session, June 21, 2010 Book 140 DEVELOPMENT CODE, BY RECLASSIFY- to finance code compliance activities and to ING HEREINAFTER DESCRIBED PROPER- spur job creation activities; and TY LOCATED AT 525 GARFIELD AND 1907 Whereas, the loan application from The & 1911 JOHNSON STREET FROM C-1 Victory Café – Dubuque, Inc., meets the re- NEIGHBORHOOD COMMERCIAL DISTRICT quirements of this program; and AND R-2A ALTERNATE TWO-FAMILY RES- Whereas, it is the determination of this IDENTIAL DISTRICT TO C-3 GENERAL Council that approval of the Development COMMERCIAL DISTRICT Agreement for the rehabilitation of the Property NOW, THEREFORE, BE IT ORDAINED by The Victory Café – Dubuque, Inc., accord- BY THE CITY COUNCIL OF THE CITY OF ing to the terms and conditions set out in the DUBUQUE, IOWA: Development Agreement is in the public inter- Section 1. That Title 16 of the City of Du-est of the City of Dubuque. buque Code of Ordinances, Unified Develop-NOW, THEREFORE, BE IT RESOLVED ment Code, is hereby amended by reclassify-BY THE CITY COUNCIL OF THE CITY OF ing the hereinafter described property from C-1 DUBUQUE, IOWA: Neighborhood Commercial District and R-2A Section 1. That the Development Agree- Alternate Two-Family Residential District to C-ment with The Victory Café – Dubuque, Inc., is 3 General Commercial District, to wit: Lot 1, hereby accepted and approved. Lot 3 and Lot 4 of Scharles Subdivision, and to Section 2. That the Mayor is hereby autho- the centerline of the adjoining public right-of-rized to execute, on behalf of the City Council way, all in the City of Dubuque, Iowa. of the City of Dubuque, Iowa, the attached Section 2. The foregoing amendment has Development Agreement with The Victory heretofore been reviewed by the Zoning Advi-Café – Dubuque, Inc. sory Commission of the City of Dubuque, Section 3. That the City Manager is hereby Iowa. authorized to execute, on behalf of the City Section 3. The foregoing amendment shall Council of the City of Dubuque, Iowa, all ne- take affect upon publications, as provided by cessary loan documents and is further autho- law. rized to disburse loan funds from the Down- st Passed, approved and adopted this 21 town Rehabilitation Loan/Grant Program, in day of June, 2010. accordance with the terms and conditions of /s/Roy D. Buol, Mayor the executed agreement. st Attest: /s/Jeanne F. Schneider, CMC, City Passed, approved and adopted this 21 Clerk day of June, 2010. Published officially in the Telegraph Herald Roy D. Buol, Mayor th Newspaper the 26 day of June, 2010. Attest: Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC, City Clerk Loan Agreement with Iowa Finance Au- Victory Café – Development Agreement: thority: Proof of publication on notice of public Proof of publication on notice of public hearing hearing to consider a loan agreement with the to consider a Development Agreement be-Iowa Finance Authority for $4.5 million to tween the City and Victory Café – Dubuque, create workforce housing rental units in the Inc., to redevelop property at 756 Main Street Historic Millwork District and City Manager and City Manager recommending approval. recommending approval. Motion by Connors to Motion by Voetberg to receive and file the receive and file the documents and adopt documents and adopt Resolution No. 209-10 Resolution No. 210-10 Instituting proceedings Approving a Development Agreement with to take additional action for the authorization of Victory Café – Dubuque, Inc., for the property a loan agreement with the Iowa Finance Au- located at 756 Main Street. Seconded by Con-thority; Resolution No. 211-10 Approving and nors. Motion carried 7-0. authorizing a form of loan agreement and au- thorizing and providing for the issuance and RESOLUTION NO. 209-10 securing the payment of a promissory note of APPROVING A DEVELOPMENT AGREE- the City of Dubuque, Iowa, and providing for a MENT WITH THE VICTORY CAFÉ – DUBU- method of payment of said note; and Resolu- QUE, INC., FOR THE PROPERTY LOCATED tion No. 212-10 Approving a loan agreement AT 756 MAIN STREET with the Iowa Finance Authority (IFA) on behalf Whereas, the City of Dubuque, Iowa, has of the City of Dubuque to establish a local re- created a Downtown Rehabilitation Loan/Grant volving loan fund for workforce and market Program for the purpose of stimulating rein-rate housing in the Historic Millwork District. vestment in the Greater Downtown Urban Re-Seconded by Voetberg. Dubuque Main Street newal District; and Executive Director Dan LoBianco spoke in Whereas, the City of Dubuque, Iowa, is support of the recommendation. Motion carried encouraging the use of this loan/grant program 7-0. Book 140 Regular Session, June 21, 2010 205 RESOLUTION NO. 210-10 thorized to proceed with the issuance of the RESOLUTION INSTITUTING PROCEEDINGS Loan Agreement. TO TAKE ADDITIONAL ACTION FOR THE NOW, THEREFORE, BE IT RESOLVED AUTHORIZATION OF A LOAN AGREEMENT BY THE CITY COUNCIL OF THE CITY OF WITH THE IOWA FINANCE AUTHORITY DUBUQUE, IOWA: Whereas, pursuant to notice published as Section 1. Definitions. The following terms required by law, this Council has held a public shall have the following meanings in this Reso- meeting and hearing upon the proposal to in-lution unless the text expressly or by neces- stitute proceedings for the authorization of a sary implication requires otherwise:  Loan Agreement with the Iowa Finance Au- "Issuer" and "City" shall thority in the principal amount of $4,500,000 mean the City of Dubuque, State of for the purpose of paying costs of the funding Iowa. of workforce housing assistance loans to pri-  "Lender" shall mean the vate developers constructing improvements Iowa Finance Authority. and rehabilitating historic buildings for residen-  "Loan Agreement" shall tial and commercial use in the Greater Down- mean a Loan Agreement between the town Urban Renewal Area, and has consi- Issuer and the Lender in substantially dered the extent of objections received from the form attached to and approved by residents or property owners as to the propos- this Resolution. al and, accordingly the following action is now  "Note Fund" shall mean the considered to be in the best interests of the fund created in Section 4 of this Res- City and residents thereof. olution. NOW, THEREFORE, BE IT RESOLVED  "Paying Agent" shall mean BY THE CITY COUNCIL OF THE CITY OF the City Treasurer, or such successor DUBUQUE, STATE OF IOWA: as may be approved by Issuer as Section 1. That this Council does hereby provided herein and who shall carry institute proceedings and take additional action out the duties prescribed herein as for the authorization of a Loan Agreement for Issuer's agent to provide for the pay- the foregoing purpose. ment of principal of and interest on st Passed and approved this 21 day of June, the Note as the same shall become 2010. due. Roy D. Buol, Mayor  "Project" shall mean the Attest: Jeanne F. Schneider, CMC, City Clerk costs of the funding of workforce housing assistance loans to private RESOLUTION NO. 211-10 developers constructing improve- RESOLUTION APPROVING AND AUTHO- ments and rehabilitating historic build- RIZING A FORM OF LOAN AGREEMENT ings for residential and commercial AND AUTHORIZING AND PROVIDING FOR use in the Greater Downtown Urban THE ISSUANCE AND SECURING THE Renewal Area. PAYMENT OF A PROMISSORY NOTE OF  "Project Fund" shall mean THE CITY OF DUBUQUE, IOWA, AND PRO- the fund required to be established by VIDING FOR A METHOD OF PAYMENT OF this Resolution for the deposit of the SAID NOTE proceeds of the Note. Whereas, the Issuer is duly incorporated,  "Promissory Note" or "Note" organized and exists under and by virtue of the shall mean the Promissory Note is- laws and Constitution of the State of Iowa; and sued by the City to the Lender under Whereas, the Issuer is in need of funds to the terms of the Loan Agreement in pay costs of the funding of workforce housing the aggregate amount of $4,500,000, assistance loans to private developers con- authorized to be issued by this Reso- structing improvements and rehabilitating his- lution. toric buildings for residential and commercial  "Registrar" shall mean the use in the Greater Downtown Urban Renewal City Treasurer of Dubuque, Iowa, or Area, an essential corporate purpose, and it is such successor as may be approved deemed necessary and advisable that a form by Issuer as provided herein and who of Loan Agreement with the Iowa Finance Au- shall carry out the duties prescribed thority in the principal amount of $4,500,000 herein with respect to maintaining a be approved and authorized; and register of the owners of the Note. Whereas, pursuant to notice published as Unless otherwise specified, the Regi- required by Sections 384.24A and 384.25 of strar shall also act as Transfer Agent said Code, this Council has held a public for the Note. meeting and hearing upon the proposal to in- stitute proceedings and is therefore now au- 206 Regular Session, June 21, 2010 Book 140  levy and assess the tax hereby au- "Resolution" shall mean this thorized in Section 3 of this Resolu- resolution authorizing the Loan tion, in like manner as other taxes are Agreement. levied and assessed, and such taxes  "Treasurer" shall mean the so levied in and for each of the years City Treasurer or such other officer as aforesaid be collected in like manner shall succeed to the same duties and as other taxes of the City are col- responsibilities with respect to the re- lected, and when collected be used cording and payment of the Notes is- for the purpose of paying principal sued hereunder. and interest on said Note issued in Section 2. Loan Agreement. The form of anticipation of the tax, and for no oth- Loan Agreement in substantially the form at- er purpose whatsoever. tached to this Resolution is hereby approved (c) Additional City Funds Availa- and is authorized to be executed and issued ble. Loan repayments received from on behalf of the Issuer by the Mayor and at- borrowers of the Note proceeds shall tested by the City Clerk. be applied to abate the levy of taxes Section 3. Levy and Certification of Annual described herein. In addition, princip- Tax; Other Funds to be Used. al and interest coming due at any (a) Levy of Annual Tax. That for time when the proceeds of said tax the purpose of providing funds to pay on hand shall be insufficient to pay the principal and interest of the Note the same shall be promptly paid when hereinafter authorized to be issued, due from current funds of the City there is hereby levied for each future available for that purpose and reim- year the following direct annual tax on bursement shall be made from such all of the taxable property in the City special fund in the amounts thus ad- of Dubuque, State of Iowa, to-wit: vanced. Section 4. Note Fund. Said tax shall be as- FISCAL YEAR sessed and collected each year at the same (JULY 1 TO JUNE 30) time and in the same manner as, and in addi- AMOUNT YEAR OF COLLECTION tion to, all other taxes in and for the City, and $135,000 2010/2011 when collected they shall be converted into a $135,000 2011/2012 special fund within the Debt Service Fund to $135,000 2012/2013 be known as the "2010 GENERAL OBLIGA- $135,000 2013/2014 TION PROMISSORY NOTE FUND" (the "Note $135,000 2014/2015 Fund"), which is hereby pledged for and shall $135,000 2015/2016 be used only for the payment of the principal of $135,000 2016/2017 and interest on the Note hereinafter authorized $135,000 2017/2018 to be issued; and also there shall be appor- $135,000 2018/2019 tioned to said fund its proportion of taxes re- $217,922 2019/2020 ceived by the City from property that is central- $300,844 2020/2021 ly assessed by the State of Iowa. $300,844 2021/2022 Section 5. Application of Note Proceeds. $300,844 2022/2023 Proceeds of the Note shall be credited to the $300,844 2023/2024 Project Fund and expended therefrom for the $300,844 2024/2025 purposes of the Project. Any amounts on hand $300,844 2025/2026 in the Project Fund shall be available for the $300,844 2026/2027 payment of the principal of or interest on the Note at any time that other funds shall be in- $300,844 2027/2028 sufficient to the purpose, in which event such $300,844 2028/2029 funds shall be repaid to the Project Fund at the $2,771,700 2029/2030 earliest opportunity. Any balance on hand in the Project Fund and not immediately required (NOTE: For example the levy to for its purposes may be invested not inconsis- be made and certified against the tent with limitations provided by law or this taxable valuations of January 1, Resolution. 2009, will be collected during the fis- Section 6. Investments of Note Fund cal year commencing July 1, 2010). Proceeds. All moneys held in the Note Fund (b) Resolution to be Filed With and the Project Fund, shall be invested in in- County Auditor. A certified copy of vestments permitted by Chapter 12B, Code of this Resolution shall be filed with the Iowa, 2009, as amended, or deposited in fi- Auditor of Dubuque County, Iowa and nancial institutions which are members of the the Auditor is hereby instructed in and Federal Deposit Insurance Corporation and for each of the years as provided, to the deposits in which are insured thereby and Book 140 Regular Session, June 21, 2010 207 all such deposits exceeding the maximum fied redemption date, provided funds amount insured from time to time by FDIC or for their redemption are on deposit at its equivalent successor in any one financial the place of payment. institution shall be continuously secured in Section 8. Registration of Note; Appoint- compliance with Chapter 12C of the Code of ment of Registrar; Transfer; Ownership; Deli- Iowa, 2009, as amended, or otherwise by a very; and Cancellation. valid pledge of direct obligations of the United (a) Registration. The ownership of States Government having an equivalent mar-the Note may be transferred only by ket value. All such interim investments shall the making of an entry upon the mature before the date on which the moneys books kept for the registration and are required for payment of principal of or in-transfer of ownership of the Note, and terest on the Note as herein provided. in no other way. The Treasurer is he- Section 7. Note Details, Execution and Re-reby appointed as Registrar under the demption. terms of this Resolution. Registrar (a) Note Details. The Note shall shall maintain the books of the Issuer be issued to evidence the obligations for the registration of ownership of the of the Issuer under the Loan Agree-Note for the payment of principal of ment pursuant to the provisions of and interest on the Note as provided Sections 384.24A, and 384.25 of the in this Resolution. The Note shall be City Code of Iowa, as amended, for negotiable as provided in Article 8 of the aforesaid purpose. The Note shall the Uniform Commercial Code sub- be designated "$4,500,000 PROM-ject to the provisions for registration ISSORY NOTE", be dated the date of and transfer contained in the Notes delivery and bear interest from the and in this Resolution. date thereof, until payment thereof, at (b) Transfer. The ownership of the office of the Paying Agent, said any Note may be transferred only interest payable on December 1, upon the Registration Books kept for 2010, and semiannually thereafter on the registration and transfer of Note the 1st day of June and December in and only upon surrender thereof at each year until maturity at the rates the office of the Registrar together hereinafter provided. with an assignment duly executed by The Note shall be executed by the the holder or his duly authorized at- manual signature of the Mayor and torney in fact in such form as shall be attested by the manual signature of satisfactory to the Registrar, along the City Clerk, and impressed with with the address and social security the seal of the City and shall be fully number or federal employer identifi- registered as to both principal and in-cation number of such transferee (or, terest as provided in this Resolution; if registration is to be made in the principal, interest and premium, if name of multiple individuals, of all any, shall be payable at the office of such transferees). In the event that the Paying Agent by mailing of a the address of the registered owner check to the registered owner of the of a Note (other than a registered Note. The Note shall mature and bear owner which is the nominee of the interest as set forth therein. broker or dealer in question) is that of (b) Redemption. The Note may be a broker or dealer, there must be dis- called for redemption by the Issuer closed on the Registration Books the and paid before maturity on any date, information pertaining to the regis- from any funds regardless of source, tered owner required above. Upon in whole or from time to time in part, the transfer of any such Note, a new in any order of maturity and within an fully registered Note, of any denomi- annual maturity by lot. The terms of nation or denominations permitted by redemption shall be par, plus accrued this Resolution in aggregate principal interest to date of call. amount equal to the unmatured and Thirty day’s notice of redemption unredeemed principal amount of such shall be given by first class mail to the transferred fully registered Note, and registered owner of the Note. Failure bearing interest at the same rate and to give such notice by mail to any reg-maturing on the same date or dates istered owner of the Note or any de-shall be delivered by the Registrar. fect therein shall not affect the validity (c) Registration of Transferred of any proceedings for the redemp-Note. In all cases of the transfer of tion of the Note. The Note or portions the Note, the Registrar shall register, thereof called for redemption will at the earliest practicable time, on the cease to bear interest after the speci-Registration Books, the Note, in ac- 208 Regular Session, June 21, 2010 Book 140 cordance with the provisions of this funds so held to the Issuer, whereu- Resolution. pon any claim under this Resolution (d) Ownership. As to any Note, by the Owners of such interest or the person in whose name the own-Notes of whatever nature shall be ership of the same shall be registered made upon the Issuer. on the Registration Books of the Re-(g) Registration and Transfer gistrar shall be deemed and regarded Fees. The Registrar may furnish to as the absolute owner thereof for all each owner, at the Issuer's expense, purposes, and payment of or on ac-one Note for each annual maturity. count of the principal of any such The Registrar shall furnish additional Note and the premium, if any, and in-Notes in lesser denominations (but terest thereon shall be made only to not less than the minimum denomina- or upon the order of the registered tion) to an owner who so requests. owner thereof or his legal representa-Section 9. Reissuance of Mutilated, De- tive. All such payments shall be valid stroyed, Stolen or Lost Notes. In case any and effectual to satisfy and discharge outstanding Note shall become mutilated or be the liability upon such Note, including destroyed, stolen or lost, the Issuer shall at the the interest thereon, to the extent of request of Registrar authenticate and deliver a the sum or sums so paid. new Note of like tenor and amount as the Note (e) Cancellation. All Notes which so mutilated, destroyed, stolen or lost, in ex- have been redeemed shall not be change and substitution for such mutilated reissued but shall be cancelled by the Note to Registrar, upon surrender of such mu- Registrar. All Notes which are can-tilated Note, or in lieu of and substitution for celled by the Registrar shall be de-the Note destroyed, stolen or lost, upon filing stroyed and a certificate of the de-with the Registrar evidence satisfactory to the struction thereof shall be furnished Registrar and Issuer that such Note has been promptly to the Issuer; provided that if destroyed, stolen or lost and proof of owner- the Issuer shall so direct, the Regi-ship thereof, and upon furnishing the Registrar strar shall forward the cancelled and Issuer with satisfactory indemnity and Notes to the Issuer. complying with such other reasonable regula- (f) Non-Presentment of Note. In tions as the Issuer or its agent may prescribe the event any payment check and paying such expenses as the Issuer may representing payment of principal of incur in connection therewith. or interest on the Note is returned to Section 10. Record Date. Payments of the Paying Agent or if any Note is not principal and interest, otherwise than upon full presented for payment of principal at redemption, made in respect of any Note, shall the maturity or redemption date, if be made to the registered holder thereof or to funds sufficient to pay such principal their designated Agent as the same appear on of or interest on Note shall have been the books of the Registrar on the 15th day made available to the Paying Agent preceding the payment date. All such pay- for the benefit of the owner thereof, ments shall fully discharge the obligations of all liability of the Issuer to the owner the Issuer in respect of such Note to the extent thereof for such interest or payment of the payments so made. Payment of princip- of such Note shall forthwith cease, al shall only be made upon surrender of the terminate and be completely dis-Note to the Paying Agent. charged, and thereupon it shall be the Section 11. Execution, Authentication and duty of the Paying Agent to hold such Delivery of the Note. The Mayor and Clerk funds, without liability for interest shall execute and deliver the Note to the Regi- thereon, for the benefit of the owner strar, who shall authenticate the Note and de- of such Note who shall thereafter be liver the same to or upon order of the Lender. restricted exclusively to such funds No Note shall be valid or obligatory for any for any claim of whatever nature on purpose or shall be entitled to any right or his part under this Resolution or on, benefit hereunder unless the Registrar shall or with respect to, such interest or duly endorse and execute on such Note a Cer- Notes. The Paying Agent's obligation tificate of Authentication substantially in the to hold such funds shall continue for a form of the Certificate herein set forth. Such period equal to two years and six Certificate upon any Note executed on behalf months following the date on which of the Issuer shall be conclusive evidence that such interest or principal became the Note so authenticated has been duly is- due, whether at maturity, or at the sued under this Resolution and that the holder date fixed for redemption thereof, or thereof is entitled to the benefits of this Reso- otherwise, at which time the Paying lution. Agent, shall surrender any remaining Book 140 Regular Session, June 21, 2010 209 st Section 12. Right to Name Substitute Pay-Passed, approved, and adopted this 21 ing Agent or Registrar. Issuer reserves the day of June, 2010. right to name a substitute, successor Registrar R or Paying Agent upon giving prompt written oy D. Buol, Mayor notice to each registered noteholder. Attest: Jeanne Schneider, CMC, City Clerk Section 13. Form of Note. The Note shall thth be substantially in the form as set forth in the Green Alley Project – 15 to 16 Street Loan Agreement. from Washington to Elm Streets: Proof of pub- Section 14. Contract Between Issuer and lication on notice of public hearing to consider Purchaser. This Resolution shall constitute a the plans and specifications, form of contract contract between said City and the purchaser and estimated cost for the Green Alley Project thth of the Note. – 15 to 16 Street from Washington to Elm Section 15. Severability Clause. If any sec-Streets. Motion by Voetberg to receive and file tion, paragraph, clause or provision of this the documents and adopt Resolution No. 213- Resolution be held invalid, such invalidity shall 10 Approving plans, specifications, form of not affect any of the remaining provisions he-contract, and estimated cost for the Green thth reof, and this Resolution shall become effec-Alley Project – 15 to 16 Street from Wash- tive immediately upon its passage and ap-ington to Elm Streets. Seconded by Connors. proval. Motion carried 7-0. Section 16. Repeal of Conflicting Resolu- RESOLUTION NO. 213-10 tions or Ordinances. All ordinances and resolu- APPROVAL OF PLANS, SPECIFICATIONS, tions and parts of ordinances and resolutions FORM OF CONTRACT, AND ESTIMATED in conflict herewith are hereby repealed. st COST FOR THE GREEN ALLEY PROJECT Passed an approved this 21 day of June, THTH (15 – 16, BETWEEN WASHINGTON & 2010. ELM STREETS) Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 212-10 DUBUQUE, IOWA: APPROVING A LOAN AGREEMENT WITH That the proposed plans, specifications, THE IOWA FINANCE AUTHORITY (IFA) ON form of contract and estimated cost for the thth BEHALF OF THE CITY OF DUBUQUE TO Green Alley Project (15 – 16, between ESTABLISH A LOCAL REVOLVING LOAN Washington & Elm Streets), in the estimated FUND FOR WORKFORCE AND MARKET amount $165,091.80, are hereby approved. st RATE HOUSING IN THE HISTORIC MILL- Passed, adopted and approved this 21 WORK DISTRICT. day of June, 2010. Whereas, the City has been working with Roy D. Buol, Mayor the Iowa Finance Authority to create a state Attest: Jeanne F. Schneider, CMC, City Clerk pool of funding to address the shortage of workforce housing; and Dubuque Regional Airport – Jet Drive Re- Whereas, the Iowa Finance Authority has surfacing Project: Proof of publication on no- established a pool of funds to establish a low tice of public hearing to consider the plans and interest loan program to assist in the creation specifications, form of contract and estimated of workforce housing; and cost for the Dubuque Regional Airport – Jet Whereas, the low interest loan program Drive Resurfacing Project and City Manager would provide funds to assist Millwork District recommending approval. Motion by Jones to projects in creating workforce (120% of area receive and file the documents and adopt median income and below) and market rate Resolution No. 214-10 Approving plans, speci- housing; and fications, form of contract and estimated cost Whereas, the City of Dubuque, Iowa is eli-for the Dubuque Regional Airport – Jet Drive gible for funding from the Iowa Finance Au-Resurfacing Project. Seconded by Braig. Mo- thority. tion carried 7-0. NOW, THEREFORE, BE IT RESOLVED RESOLUTION NO. 214-10 BY THE CITY COUNCIL OF THE CITY OF APPROVAL OF PLANS, SPECIFICATIONS, DUBUQUE, IOWA: FORM OF CONTRACT, AND ESTIMATED Section 1. That the loan agreement to es- COST FOR THE DUBUQUE REGIONAL tablish a local revolving loan fund for workforce AIRPORT JET CENTER DRIVE RESURFAC- housing is hereby accepted and approved. ING PROJECT Section 2. That the Mayor is hereby autho- rized to execute, on behalf of the City Council NOW THEREFORE, BE IT RESOLVED of the City of Dubuque, Iowa, the attached BY THE CITY COUNCIL OF THE CITY OF loan agreement with the Iowa Finance Authori-DUBUQUE, IOWA: ty. 210 Regular Session, June 21, 2010 Book 140 RESOLUTION NO. 216-10 That the proposed plans, specifications, APPROVAL OF PLANS, SPECIFICATIONS, form of contract and estimated cost for the FORM OF CONTRACT, AND ESTIMATED Dubuque Regional Airport Jet Center Drive th COST FOR THE 10 & CENTRAL PARKING Resurfacing Project, in the estimated amount RAMP AND FIRE HEADQUARTERS EX- $97,584.63, are hereby approved. st PANSION PROJECT Passed, adopted and approved this 21 day of June, 2010. 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 the proposed plans, specifications, th IA 32 Geometric and Signalization Im-form of contract and estimated cost for the 10 provements – US 20 to JFK Road Project: & Central Parking Ramp and Fire Headquar- Proof of publication on notice of public hearing ters Expansion Project, in the estimated to consider the plans and specifications, form amount of $9,754,412.00 (partially funded by of contract and estimated cost for the IA 32 the U.S. Department of Commerce Economic Geometric and Signalization Improvements – Development Administration Award # 05-01- th US 20 to JFK Road Project and City Manager 04941) for the 10 & Central Parking Ramp recommending approval. Motion by Braig to and the estimated amount of $689,060.00 receive and file the documents and adopt (completely funded by General Obligation Resolution No. 215-10 Approving plans, speci-Bonds) for the Fire Headquarters Expansion fications, form of contract and estimated cost Project, are hereby approved. st for the IA 32 Geometric and Signalization Im-Passed, approved and adopted this 21 provements – US 20 to JFK Road Project. day of June, 2010. Seconded by Jones. Motion carried 7-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 215-10 APPROVAL OF PLANS, SPECIFICATIONS, Neighborhood Stabilization Program: Proof FORM OF CONTRACT, AND ESTIMATED of publication on notice of public hearing to COST FOR THE IA 32 GEOMETRIC AND consider submission of an application to the SIGNALIZATION IMPROVEMENTS Iowa Department of Economic Development PROJECT, US 20 TO JOHN F. KENNEDY (IDED) for Neighborhood Stabilization Pro- ROAD (IOWA DOT PROJECT NO. STP-A-32- gram (NSP) funds and City Manager recom- 1(29)--86-31) mending approval. Motion by Voetberg to re- NOW THEREFORE, BE IT RESOLVED ceive and file the documents and adopt Reso- BY THE CITY COUNCIL OF THE CITY OF lution No. 217-10 Authorizing an application to DUBUQUE, IOWA: the Iowa Department of Economic Develop- That the proposed plans, specifications, ment (IDED) for Neighborhood Stabilization form of contract and estimated cost for the IA Program funds. Seconded by Resnick. Motion 32 Geometric and Signalization Improvements carried 7-0. Project, US 20 to John F. Kennedy Road, Iowa RESOLUTION NO. 217-10 DOT Project No. STP-A-32-1(29)--86-31, in AUTHORIZING AN APPLICATION TO THE the estimated amount $791,110.05, are hereby IOWA DEPARTMENT OF ECONOMIC DE- approved. st VELOPMENT (IDED) FOR NEIGHBORHOOD Passed, adopted and approved this 21 STABILIZATION PROGRAM (NSP) FUNDS day of June, 2010. Roy D. Buol, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa set a public hearing on June 7, 2010 and published a public notice in the Tenth and Central Parking Ramp and Fire Telegraph Herald newspaper on June 21, Headquarters Expansion Project: Proof of pub-2010 for receiving public comment for the pur- lication on notice of public hearing to consider pose of submitting an application to IDED for the plans and specifications, form of contract Neighborhood Stabilization Program funds. and estimated cost for the Tenth and Central NOW, THEREFORE, BE IT RESOLVED Parking Ramp and Fire Headquarters Expan-BY THE CITY COUNCIL OF THE CITY OF sion Project and City Manager recommending DUBUQUE, IOWA: approval. Motion by Jones to receive and file Section 1. That the City Manager is hereby the documents and adopt Resolution No. 216-authorized and directed to prepare and to 10 Approving plans, specifications, form of submit to the Iowa Department of Economic contract, and estimated cost for the Tenth and Development an application for Neighborhood Central Parking Ramp and Fire Headquarters Stabilization Program funds, and to sign the Expansion Project. Seconded by Voetberg. standard contract for administration of the Motion carried 7-0. awarded funds. Book 140 Regular Session, June 21, 2010 211 st Passed, approved and adopted this 21 Yard Waste and Food Scraps, Subsection D. day of June 2010. Seconded by Jones. Motion carried 7-0. Roy D Buol, Mayor OFFICIAL PUBLICATION Attest: Jeanne F Schneider, CMC, City Clerk ORDINANCE NO. 31-10 REPEALING CITY OF DUBUQUE ORDIN- Upon motion the rules were reinstated li- ANCE 16-10, AMENDING TITLE 13 PUBLIC miting discussion to the City Council. UTILITIES, CHAPTER 6 SOLID WASTE, ACTION ITEMS SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS, SUBSEC- TIONS A, B, C, D, AND E; AND AMENDING Dubuque Works: Sarah Harris, Director of TITLE 13 PUBLIC UTILITIES, CHAPTER 6 Workforce Development, provided a verbal SOLID WASTE, SECTION 13-6A-8 YARD update on Dubuque Works. WASTE AND FOOD SCRAPS, SUBSECTION Greater Dubuque Development Corpora- D tion: Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, NOW, THEREFORE, BE IT ORDAINED provided a verbal update on the activities of BY THE CITY COUNCIL OF THE CITY OF the Greater Dubuque Development Corpora-DUBUQUE, IOWA: tion. Section 1. Section 13-6A-6 of the City of Motion by Jones to receive and file the re-Dubuque Code of Ordinances is amended to ports. Seconded by Voetberg. Motion carried read as follows: 7-0. 13-6A-6: RATES AND CHARGES ESTAB- LISHED; EXCEPTIONS: Fiscal Year 2011 Arts and Cultural Funding A. Class I Premises: Except as quali- Program for Operating Support: Arts and Cul-fied below, a fee of eleven dollars nine tural Affairs Advisory Commission recom-cents ($11.09) per dwelling unit per mending approval of thirteen Fiscal Year 2011 month shall be paid to the city by the Arts and Cultural Funding Program Operating property owner of each class I premis- Support requests and authorization for the City es for such services. Said fee shall be Manager to sign the funding agreements. Mo-in payment for collection and disposal tion by Voetberg to receive and file the docu-of one 35-gallon can or one 35-gallon ments and approve the recommendation. trash bag of "solid waste" as defined in Seconded by Lynch. Motion carried 7-0. this chapter. There is no limit on the number of bins allowed to be collected Fiscal Year 2011 Special Projects Arts and containing acceptable "recyclable ma- Cultural Grant Program: Arts and Cultural Af-terials" as defined in this chapter. Ex- fairs Advisory Commission recommending ceptions to the collection charges for approval of the Fiscal Year 2011 Arts and Cul-class I premises are as follows: . . . . tural Grant Program for Special Projects and authorization for the City Manager to sign the B. Class II Premises: grant agreements. Motion by Voetberg to re-1. A fee of eleven dollars nine ceive and file the documents and approve the cents ($11.09) per month shall recommendation. Seconded by Resnick. Mo-be paid to the city by the tion carried 7-0. property owner of each class II premises for such services. Solid Waste Collection Fees: City Manager Said fee shall be in payment recommending approval of a proposed ordin-for collection and disposal of ance regarding solid waste collection fees. one 35-gallon can or one 35- Motion by Jones to receive and file the docu-gallon trash bag of "solid ments and that the requirement that a pro-waste" as defined. There is no posed ordinance be considered and voted on limit on the number of bins al- for passage at two Council meetings prior to lowed to be collected contain- the meeting at which it is to be passed be sus-ing acceptable "recyclable ma- pended. Seconded by Connors. Motion carried terials" as defined. . . . . 7-0. Motion by Voetberg for final consideration C. Class III Premises: and passage of Ordinance No. 31-10 Repeal-1. A fee of eleven dollars nine ing City of Dubuque Ordinance 16-10, amend-cents ($11.09) per month shall ing Title 13 Public Utilities, Chapter 6 Solid be paid to the city by the Waste, Section 13-6A-6 Rates and Charges property owner of each class Established; Exceptions, Subsections A, B, C, III premises for such services. D, and E; and amending Title 13 Public Utili-Said fee shall be in payment ties, Chapter 6 Solid Waste, Section 13-6A-8 for collection and disposal of 212 Regular Session, June 21, 2010 Book 140 one 35-gallon can or one 35-2. The fee paid to the city by gallon trash bag of "solid a customer of record with waste" as defined. There is no the city for an annual yard limit on the number of bins al-waste decal for a rigid waste lowed to be collected contain-container shall be thirty dol- ing acceptable "recyclable ma-lars ($30.00) each through terials" as defined. June 30 of each year. The . . . . fee shall be reduced by one- D. Unit Based Pricing: half (1/2) on July 1 of each . . . . year and again by one-half 4. Multiple-family dwellings of (1/2) on September 1 of three (3), four (4), five (5), and each year. A decal shall only six (6) dwelling units as well be used by the customer of as class II or class III premis-record with the city who pur- es sharing a common set out chased it. location with other city solid 3. The fee for single use waste customers shall only stickers shall be one dollar use approved solid waste con-thirty cents ($1.30) each. tainers with permanent identi-4. The fee paid to the city for fication as to the specific pre-subscription to a sixty five mises. (65) gallon city owned yard . . . . waste cart shall be fourteen E. Special Collection: The charge for a dollars fifty cents ($14.50) special collection service for large and per month with a one-time bulky rubbish to each dwelling unit re-nonrefundable start up fee of ceiving such service when requested twenty dollars ($20.00). . . . . by the owner shall be as follows: 1. A fee of eight dollars Section 3. This Ordinance shall take effect ($8.00) shall be paid by the on the 1st day of July, 2010. owner for each time the ser-Passed, approved and adopted the st vice is provided for up to the 21 day of June, 2010. equivalent of three (3) cubic /s/Roy D. Buol, Mayor yards of waste. Attest: /s/Jeanne F. Schneider, CMC, City 2. An additional fee of eight Clerk dollars ($8.00) shall be paid Published officially in the Telegraph Herald th for each additional three (3) Newspaper the 25 day of June, 2010. cubic yards of solid waste. /s/Jeanne F. Schneider, CMC, City Clerk . . . . Section 2. Section 13-6A-8 of the City of Water Pollution Control Plant Modification Dubuque Code of Ordinances is amended to Project: City Manager recommending award of read as follows: the public improvement contract for the Water 13-6A-8. YARD WASTE AND FOOD Pollution Control Plant Modification Project to SCRAPS. Miron Construction Co., Inc., of Cedar Rapids, . . . . Iowa, for the base bid amount of $49,750,000 D. Preparation of Waste: Containe-and also authorize the inclusion of bid alterna- rized yard waste collected by the city tives 1B, 2 and 6 for an additional amount of shall be placed in degradable paper $757,418 and further recommending a sewer bags with an affixed single use sticker rate increase for Fiscal Year 2011. Motion by or in rigid waste containers with an af-Connors to receive and file the documents, fixed single use tag or in permanent adopt Resolution No. 218-10 Construction waste containers with an affixed an-contract for the Water Pollution Control Plant nual yard waste decal or in a sub-Modification Project, and that the requirement scribed sixty five (65) gallon city that a proposed ordinance be considered and owned yard waste cart or be contained voted on for passage at two Council meetings by tying devices approved by the city prior to the meeting at which it is to be passed manager. The charges for collection be suspended. Seconded by Jones. Motion and disposal of "yard waste" as de-carried 7-0. fined shall be as follows: Motion by Connors for final consideration 1. The fee for tying devices and passage of Ordinance No. 32-10 Amend- approved by the city man-ing the City of Dubuque Code of Ordinances ager shall be one dollar thir-Sections 13-2C-3(B) and 13-2C-3(C)(7) Estab- ty cents ($1.30) each. lishing Basic Sewer Rates for Residential and Commercial Users by increasing the rates. Book 140 Regular Session, June 21, 2010 213 COMMERCIAL USERS BY INCREASING Seconded by Jones. Responding to questions THE RATES from City Council, Water Pollution Control Plant Manager Jonathan Brown stated that the NOW, THEREFORE, BE IT ORDAINED City paid Story Construction $50,000 for the BY THE CITY COUNCIL OF THE CITY OF initial project estimate, which included a con-DUBUQUE, IOWA: structability analysis, drawings, and compli-Section 1. Section 13-2C-3(B) of the City of cated specifications. Upon request from Lynch, Dubuque Code of Ordinances is amended to Brown will provide an explanation from Story read as follows: Construction regarding their miscalculation of Section 13-2C-3(B) Schedule of the project estimate. Brown added that micro-Rates: turbines can be installed incrementally over Rates per each one hundred (100) the 20-year design capacity of the plant. Mo-cubic feet $2.63 tion carried 7-0. Rate per each gallon $0.00352 Section 2. Section 13-2C-3(C)(7) of the RESOLUTION NO. 218-10 City of Dubuque Code of Ordinances is AWARDING CONSTRUCTION CONTRACT amended to read as follows: FOR THE WATER POLLUTION CONTROL Where the quantity of water consumed is PLANT MODIFICATIONS PROJECT such that the minimum of service is charged, Whereas, sealed proposals have been the minimum sewer service charge, according submitted by contractors for the Water Pollu-to the size of the meter, shall be as follows: tion Control Plant Modifications Project pur- suant to Resolution No. 98-10 and notice to Meter Minimum Allowance Allowance bidders published in a newspaper published in Size Charge (cubic (gallons) th the City of Dubuque, Iowa, on the 9 day of (inches) feet) April, 2010; and 5/8 $ 5.26 200 1,496 Whereas, said sealed proposals were 3/4 $ 13.15 500 3,740 th opened and read on the 20 day of May, 2010 1 or $ 21.04 800 5,984 and it has been determined that the bid of Mi- larger ron Construction Company, Inc., of Cedar Rapids, Iowa, in the amount of $49,750,000.00 Section 3. This Ordinance shall take effect was the lowest bid for the furnishings of all July 1, 2010. labor and materials and performing the work st Passed, approved and adopted this 21 as provided for the plans and specification. In day of June, 2010. addition to the base bid alternates 1B, 2, and 6 /s/Roy D. Buol, Mayor are also included for an additional amount of Attest: /s/Jeanne F. Schneider, CMC, City $757,328.00. Clerk NOW THEREFORE, BE IT RESOLVED Published officially in the Telegraph Herald BY THE CITY COUNCIL OF THE CITY OF th Newspaper the 25 day of June, 2010. DUBUQUE, IOWA: /s/Jeanne F. Schneider, CMC, City Clerk That the contract for the above improve- ments be awarded to Miron Construction All-Terrain Vehicles / Safety Belts / Child Company, Inc., and the Manager be and is Restraint Devices: City Manager recommend- hereby directed to execute a contract on be- ing approval of four ordinances regarding all- half of the City of Dubuque for the complete terrain vehicles, safety belts and child restraint performance of the work. devices to bring the City of Dubuque Code of BE IT FURTHER RESOLVED: Ordinances up-to-date with State Code That upon the signing of said contract and changes. Motion by Jones to receive and file the approval of the contractor’s bond, the City the documents and that the requirement that a Treasurer is authorized and instructed to re- proposed ordinance be considered and voted turn the bid deposits of the unsuccessful bid- on for passage at two Council meetings prior ders. to the meeting at which it is to be passed be st Passed, approved and adopted this 21 suspended. Seconded by Voetberg. Motion day of June, 2010. carried 7-0. Roy D. Buol, Mayor Motion by Connors for final consideration Attest: Jeanne F. Schneider, CMC, City Clerk and passage of Ordinance No. 33-10 Amend- ing the City of Dubuque Code of Ordinances OFFICIAL PUBLICATION Title 9 Motor Vehicles and Traffic, Chapter 1 ORDINANCE NO. 32-10 General Provisions, Section 9-1-321.1 Defini- AMENDING THE CITY OF DUBUQUE CODE tions by amending the definition of all-terrain OF ORDINANCES SECTIONS 13-2C-3(B) vehicles; Ordinance No. 34-10 Amending the AND 13-2C-3(C)(7) ESTABLISHING BASIC City of Dubuque Code of Ordinances Title 9 SEWER RATES FOR RESIDENTIAL AND Motor Vehicles and Traffic, Chapter 5 Ob- 214 Regular Session, June 21, 2010 Book 140 st edience to and Effect of Traffic Laws, Section Passed, approved and adopted the 21 9-5-321.234A All-Terrain Vehicles by amend-day of June, 2010. ing certain roadway use restrictions therein; /s/Roy D. Buol, Mayor Ordinance No. 35-10 Amending the City of Attest: /s/Jeanne F. Schneider, CMC, City Dubuque Code of Ordinances Title 9 Motor Clerk Vehicles and Traffic, Chapter 12 Equipment, Published officially in the Telegraph Herald th Section 9-12-321.445 Safety Belts and Safety Newspaper the 25 day of June, 2010. Harnesses by modifying the age when safety /s/Jeanne F. Schneider, CMC, City Clerk belt use is required and establishing the viola- OFFICIAL PUBLICATION tions and penalties for failure to wear safety ORDINANCE NO. 34-10 belts; and Ordinance No. 36-10 Amending the AMENDING CITY OF DUBUQUE CODE OF City of Dubuque Code of Ordinances Title 9 ORDINANCES TITLE 9 MOTOR VEHICLES Motor Vehicles and Traffic, Chapter 12 Equip- AND TRAFFIC, CHAPTER 5 OBEDIENCE ment, Section 9-12-321.446 Child Restraint TO AND EFFECT OF TRAFFIC LAWS, SEC- Devices by modifying the age when use of TION 9-5-321.234A ALL-TERRAIN VE- child restraint devices or safety belts is re- HICLES BY AMENDING CERTAIN ROAD- quired and providing exceptions to such re- WAY USE RESTRICTIONS THEREIN quirements and providing the process for es- tablishing violations for failure to use child re-NOW, THEREFORE, BE IT ORDAINED straint devices or safety belts. Seconded by BY THE CITY COUNCIL OF THE CITY OF Jones. Addressing concerns expressed by City DUBUQUE, IOWA: Council, City Attorney Lindahl will check on Section 1. Section 9-5-321.234A of the City additional restrictions for the use of ATVs with-of Dubuque Code of Ordinances is amended in the City limits. Motion carried 7-0. to read as follows: 9-5-321.234A: ALL-TERRAIN VEHICLES: OFFICIAL PUBLICATION A. Roadway Use: ORDINANCE NO. 33-10 1. All-terrain vehicles shall not be op- AMENDING CITY OF DUBUQUE CODE OF erated on a roadway unless one or ORDINANCES TITLE 9 MOTOR VEHICLES more of the following conditions ap- AND TRAFFIC, CHAPTER 1 GENERAL ply: PROVISIONS, SECTION 9-1-321.1 DEFINI- a. The operation is between su- TIONS BY AMENDING THE DEFINITION OF nrise and sunset and is inciden- ALL-TERRAIN VEHICLE tal to the vehicle's use for agri- NOW, THEREFORE, BE IT ORDAINED cultural purposes. For purposes BY THE CITY COUNCIL OF THE CITY OF of this paragraph, “incidental to DUBUQUE, IOWA: the vehicle’s use for agricultural Section 1. Section 9-1-321.1 of the City of purposes” includes stopping in Dubuque Code of Ordinances is amended to the course of agricultural use to read as follows: obtain fuel for the all-terrain ve- 9-1-321.1: DEFINITIONS: hicle or to obtain food or a non- The following words and phrases, when alcoholic beverage for the oper- used in this title shall, for the purpose of ator. . . . . this title, have the meanings respectively ascribed to them in this section: Section 2. This Ordinance shall take effect ALL-TERRAIN VEHICLE: A motor on July 1, 2010. vehicle designed to travel on three (3) Passed, approved and adopted the st or more wheels and designed primari-21day of June, 2010. ly for off road use. “All-terrain vehicle” /s/Roy D. Buol, Mayor includes off-road utility vehicles as Attest: /s/Jeanne F. Schneider, CMC, City defined in Iowa Code Section 321l.1, Clerk but does not include farm tractors or Published officially in the Telegraph Herald th equipment, construction equipment, Newspaper the 25 day of June, 2010. forestry vehicles, or lawn and /s/Jeanne F. Schneider, CMC, City Clerk grounds maintenance vehicles when OFFICIAL PUBLICATION used for farming, construction, com- ORDINANCE NO. 35-10 mercial deliveries, forestry, lawn and AMENDING CITY OF DUBUQUE CODE OF grounds maintenance, or towing for ORDINANCES TITLE 9 MOTOR VEHICLES utility as opposed to recreational AND TRAFFIC, CHAPTER 12 EQUIPMENT, uses. . . . . SECTION 9-12-321.445 SAFETY BELTS AND SAFETY HARNESSES BY MODIFYING Section 2. This Ordinance shall take effect THE AGE WHEN SAFETY BELT USE IS on July 1, 2010. REQUIRED AND ESTABLISHING THE VI- Book 140 Regular Session, June 21, 2010 215 st OLATIONS AND PENALTIES FOR FAILURE Passed, approved and adopted the 21 TO WEAR SAFETY BELTS day of June, 2010. NOW, THEREFORE, BE IT ORDAINED /s/Roy D. Buol, Mayor BY THE CITY COUNCIL OF THE CITY OF Attest: DUBUQUE, IOWA: /s/Jeanne F. Schneider, CMC, City Clerk Section 1. Section 9-12-321.445 of the City Published officially in the Telegraph Herald th of Dubuque Code of Ordinances is amended Newspaper the 25 day of June, 2010. to read as follows: /s/Jeanne F. Schneider, CMC, City Clerk 9-12-321.445: SAFETY BELTS AND OFFICIAL PUBLICATION SAFETY HARNESSES: ORDINANCE NO. 36-10 A. It shall be unlawful for any driver or AMENDING CITY OF DUBUQUE CODE OF front seat occupant of a 1966 model ORDINANCES TITLE 9 MOTOR VEHICLES year or newer model motor vehicle AND TRAFFIC, CHAPTER 12 EQUIPMENT, which is subject to registration in SECTION 9-12-321.446 CHILD RESTRAINT Iowa, except a motorcycle or a moto- DEVICES BY MODIFYING THE AGE WHEN rized bicycle, not to wear a properly USE OF CHILD RESTRAINT DEVICES OR adjusted and fastened safety belt or SAFETY BELTS IS REQUIRED AND PRO- safety harness any time the vehicle is VIDING EXCEPTIONS TO SUCH REQUIRE- in forward motion on a street in this MENTS, AND PROVIDING THE PROCESS city, except that a child under eigh- FOR ESTABLISHING VIOLATIONS FOR teen (18) years of age shall be se- FAILURE TO USE CHILD RESTRAINT DE- cured as required under section 9-12- VICES OR SAFETY BELTS 321.446 of this chapter. The safety belt or safety harness system used in NOW, THEREFORE, BE IT ORDAINED the vehicle must meet standards as BY THE CITY COUNCIL OF THE CITY OF required under state of Iowa Code DUBUQUE, IOWA: section 321.445(1) for safety belts Section 1. Section 9-12-321.446 of the City and safety harnesses. of Dubuque Code of Ordinances is amended This section shall not apply to: to read as follows: . . . . 9-12-321.446: CHILD RESTRAINT 5. A person possessing a DEVICES: . . . . written certification from a health care provider licensed C. A child at least six (6) years of under Iowa Code, on a form age but under eighteen (18) years of provided by the Iowa De-age who is being transported in a mo- partment of Transportation tor vehicle subject to registration by that the person is unable to the state, except a school bus or mo- wear a safety belt or safety torcycle, shall be secured during tran- harness due to physical or sit by a child restraint system that is medical reasons. The certifi-used in accordance with the manufac- cation shall specify the time turer's instruction or by a safety belt or period for which the exemp-safety harness. The safety belt or tion applies. The time period safety harness system used in the ve- shall not exceed twelve (12) hicle must meet standards as required months, at which time a new under Iowa Code section 321.445(1) certification may be issued. for safety belts and safety harnesses. . . . . D. This section does not apply to B. The driver and front seat passen-the following: . . . . gers may each be charged separately for improperly used or nonused 6. The transportation of a equipment under subsection A of this child who has been certified section. However, the driver shall not by a physician licensed under be charged for a violation committed Iowa Code, as having a med- by a passenger who is fourteen (14) ical, physical, or mental con- years of age or older unless the pas-dition which prevents or senger is unable to properly fasten a makes inadvisable securing seat belt due to a temporary or per-the child in a child restraint manent disability. The owner of the system, safety belt, or safety motor vehicle may be charged for harness.7. A back equipment violations. seat occupant of a motor ve- . . . . hicle for whom no safety belt Section 2. This Ordinance shall take effect is available because all safe- on July 1, 2010. ty belts are being used by 216 Regular Session, June 21, 2010 Book 140 other occupants or cannot be /s/Roy D. Buol, Mayor used due to the use of a child Attest: /s/Jeanne F. Schneider, CMC, City restraint system in the seat-Clerk ing position for which a belt is Published officially in the Telegraph Herald th provided. Newspaper the 25 day of June, 2010. E. A person who violates this sec-/s/Jeanne F. Schneider, CMC, City Clerk tion is guilty of a simple misdemeanor punishable as a scheduled violation Dubuque County Empowerment (Tabled under section 805.8A, subsection 14, on June 7, 2010): Communication from Wayne paragraph “c”. Violations shall be Demmer, Chair, Dubuque County Empower- charged as follows: ment Board Development Committee, issuing 1. An operator who trans-an invitation for a City Council representative ports a passenger under four-to serve on the Dubuque County Empower- teen (14) years of age in vi-ment Board. The Dubuque County Empower- olation of subsection A, B, or ment Board meetings are held on the last C may be charged with a vi-Tuesday of each month from 11:30 a.m. to olation of this section. 1:00 p.m. Motion by Connors to remove from 2. If a passenger fourteen the table. Seconded by Jones. Motion carried (14) years of age or older is 7-0. unable to properly fasten a Motion by Voetberg to receive and file the seatbelt due to a temporary documents and appoint Council Member or permanent disability, an Jones as the City’s representative to the Du- operator who transports such buque County Empowerment Board. a person in violation of sub-Seconded by Lynch. Motion carried 7-0. section C may be charged COUNCIL MEMBER REPORTS with a violation of this sec- tion. Otherwise, a passenger fourteen (14) years of age or Voetberg requested City Council concur- older who violates subsection rence to have staff form a partnership with the C shall be charged in lieu of school system regarding additional recreation- the operator. al activities and sharing of facilities. 3. If a child under four-Resnick reported that he recently greeted a teen (14) years of age, or a group of visitors from Wisconsin who stated child fourteen (14) years of they were thrilled with the treatment they re- age or older who is unable to ceived while in Dubuque. fasten a seatbelt due to a Resnick, Jones, and Voetberg reported on temporary or permanent dis-their attendance at the recent Bridges Out of ability, is being transported in Poverty graduation. a taxicab in a manner that is Connors reported on her attendance at the not in compliance with sub-National League of Cities Conference on the section A, B, or C, the parent, Reconnecting Disengaged Youth and that Du- legal guardian, or other re-buque was one of four cities invited to partici- sponsible adult traveling with pate. Connors added that this concept needs the child shall be served with more local exposure and elected official in- a citation for a violation of this volvement. She requested regular updates section in lieu of the taxicab from the Community Foundation of Greater operator. Otherwise, if a pas-Dubuque on Every Child / Every Promise. senger being transported in PUBLIC INPUT the taxicab is fourteen (14) years of age or older, the ci- tation shall be served on the School Board Member George Davis, 120 passenger in lieu of the tax-So. Grandview Avenue, provided additional icab operator. information regarding Voetberg’s suggestion of F. For purposes of this section, a recreational partnership stating that starting "child restraint system" means a spe-a dialogue would be helpful to address needs cially designed seating system, includ-and opportunities. ing a belt positioning seat or a booster CLOSED SESSION seat that meets federal motor vehicle safety standards. Section 2. This Ordinance shall take effect Motion by Jones to go into closed session on July 1, 2010. at 8:43 p.m. regarding pending litigation and st Passed, approved and adopted the 21 day of June, 2010. Book 140 Special Session, June 22, 2010 217 CITY OF DUBUQUE, IOWA property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by CITY COUNCIL Braig. Motion carried 7-0. OFFICIAL PROCEEDINGS Upon motion the City Council reconvened in open session at 10:02 p.m. stating that staff had been given proper direction. The Dubuque City Council met in Special Session at 5:00 p.m. on June 22, 2010, In City There being no further business, upon mo- Hall, Conference Room B. tion the City Council adjourned at 10:03 p.m. Present; Mayor Buol, Council Members, /s/Jeanne F. Schneider, CMC Braig, Connors, Jones, Lynch, Resnick, Voet- City Clerk berg, City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session in accordance with Chapter 21.5 (1)(i) of the Code of Iowa. Upon motion Council went into Closed Session in accordance with Ch. 21.5 1(i) of the Code of Iowa, to evaluate the professional competency of an individual whose appoint- ment, hiring, performance or discharge is be- ing considered when necessary to prevent needless and or irreparable injury to that indi- vidual’s reputation and that individual has re- quested a Closed Session. City Manager Van Milligen left the Closed Session at 5:40 p.m. Council reconvened in Regular Session at 5:53 p.m., indicating the evaluation had been completed. There being no further business, upon mo- tion the City Council adjourned at 5:54 p.m. /s/Jeanne F. Schneider, CMC City Clerk 218 Regular Session, July 6, 2010 Book 140 CITY OF DUBUQUE, IOWA ing a clean energy proposition. Upon motion the documents were received and filed. CITY COUNCIL OFFICIAL Civil Service Commission: Civil Service PROCEEDINGS Commission submitting the certified lists for the positions of Water Pollution Control Plant Operator, Water Meter Repairworker and Cus- The Dubuque City Council met in regular todian I. Upon motion the documents were session at 6:30 p.m. on July 6, 2010 in the received, filed and made a Matter of Record. Historic Federal Building. June 24, 2010 Present: Mayor Buol, Council Members Honorable Mayor and Braig, Connors, Jones, Lynch, Resnick, City Members of the City Council Manager Van Milligen, City Attorney Lindahl In accordance with Chapter 400 of the Code of Iowa, a written examination for the Absent: Council Member Voetberg position of Water Pollution Control Plant Oper- ator was conducted on May 26, 2010. We Mayor Buol read the call and stated this is hereby certify that the individuals listed below a regular session of the City Council to act have passed this examination and vacancies upon such business that may properly come for this position should be made from this list before the City Council. and that this list is good for two (2) years from above date. Pledge of Allegiance WATER POLLUTION CONTROL PLANT Invocation was provided by Pastor Paul Bi- OPERATOR shop of Hope Church Jeffrey Clayton Brian Neimann Jesse Moriarity Lucas Gonyier CONSENT ITEMS Dave Hanson Jess Hassman Paul Pettinger Jon Herrig Motion by Lynch to receive and file the Shane Plowman Manda Mattoon documents, adopt the resolutions, and dispose Timothy Neville Daniel Heins of as indicated. Seconded by Connors. Braig Ken Rigdon Frederick Timmermans requested (#9) Highway 151 & 61 Develop- Jerry Powers Charles Wehrspann ment – Setting Fair Market Value – 0.0396 James Finn Michael Frommelt Acres be held for separate discussion. Motion Charles Hazelwood Ricky Fishnick carried 6-0. Cary Kress Eric Olson Greg Schuckert Tim Manders Minutes and Reports Submitted: City Steven Horch Scott Nauman Council of 6/21 and 6/22; Civil Service Com- James Taylor Jason DeMaio mission of 5/14; Environmental Stewardship Bob Stonskas Brian Heim Advisory Commission of 5/4; Library Board of Respectfully submitted, Trustees of 2/25 and 4/1; Transit Board of Daniel White, Chairperson Trustees of 6/10 Betty Takes Proof of publication of City Council Pro- James Schilling ceedings of June 7, 2010 Civil Service Commission Upon motion the documents were received and filed. June 24, 2010 Honorable Mayor and Notice of Claims/Suits: Mary C. LeGrand Members of the City Council for vehicle damage. Upon motion the docu- In accordance with Chapter 400 of the ments were received, filed and referred to the Code of Iowa, a written examination for the City Attorney. position of Water Meter Repairworker was conducted on June 2, 2010. We hereby certify City Attorney advising that the following that the individuals listed below have passed claims have been referred to Public Entity Risk this examination and vacancies for this posi- Services of Iowa, the agent for the Iowa Com- tion should be made from this list and that this munities Assurance Pool: Austin Karl Millius list is good for two (2) years from above date. for vehicle damage; Mary C. LeGrand for ve- hicle damage. Upon motion the documents WATER METER REPAIRWORKER were received, filed and concurred. Dave Hanson Cary Kress Carl Plumley Marty Schuster Citizen Communication: Communication Mark Culbertson James Hefel from Glen P. Nodolf, 398 Main Street, regard- Jeffrey Willenborg Duane Ernster Book 140 Regular Session, July 6, 2010 219 Paul Pettinger Patrick Donovan Whereas, the City of Dubuque prepared and Ken Rigdon Richard Brimeyer filed a Fiscal Year 2010 Annual Action Plan; and Lawrence Ryan Thomas Rinzger Whereas, the City of Dubuque now desires to Patricia Rogaskie Joshua Blasen amend said Annual Plan to move Community Douglas Juergens Jon Herrig Development Block Grant Recovery funds from Ryan Weber Brian Kelly administration to the Green Alley Pilot Project as Michael Frommelt Tanner Metz per the attached Exhibit A; and Jerry Powers Chris Reinert Whereas, said amendment is a non- Jeffrey Clayton Charles Wehrspann substantial amendment as provided in the City's Tim Manders Daniel Heins Citizen Participation Plan and therefore can be Brian Niemann Nick Rupp adopted by resolution of the City Council after James Vize James Finn review and recommendation by the Community Gerald Miller Jon McEvoy Development Advisory Commission; and Bob Stonskas Whereas, the Community Development Advi- Respectfully submitted, sory Commission reviewed the proposed Daniel White, Chairperson amendment on June 16, 2010 and has voted to Betty Takes approve said amendment and to recommend James Schilling approval by the City Council. Civil Service Commission NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- June 24, 2010 QUE, IOWA: Honorable Mayor and Section 1. That said Fiscal Year 2010 (Pro- Members of the City Council gram Year 2009) Annual Action Plan- In accordance with Chapter 400 of the Amendment 3 attached hereto as Exhibit A is Code of Iowa, a written examination for the hereby approved. position of Custodian I was conducted on June Section 2. That the City Manager is hereby 9, 2010. We hereby certify that the individuals authorized and directed to submit a copy of this listed below have passed this examination and resolution and Plan to the U.S. Department of vacancies for this position should be made Housing and Urban Development. th from this list and that this list is good for two Passed, approved and adopted this 6 day of (2) years from above date. July, 2010. Roy D. Buol, Mayor CUSTODIAN I Attest: Jeanne F. Schneider, CMC, City Clerk Mark Neyens Roger Becker Fiscal Year 2011 Annual Action Plan – Kathleen Potter Amendment #1: City Manager recommending Jon Thill approval of an amendment to the Fiscal Year Dawn Pollock 2011 Annual Action Plan for the Community Respectfully submitted, Development Block Grant (CDBG) program to Daniel White, Chairperson reflect the increase in the CDBG entitlement Betty Takes allocation. Upon motion the documents were James Schilling received and filed and Resolution No. 220-10 Civil Service Commission Approving a Fiscal Year 2011 (Program Year 2010) Annual Action Plan – Amendment #1 for Fiscal Year 2010 Annual Action Plan – Community Development Block Grant (CDBG) Amendment #3: City Manager recommending funds was adopted. approval of the third amendment to the Fiscal RESOLUTION NO. 220-10 Year 2010 Annual Action Plan to transfer addi- APPROVING THE FISCAL YEAR 2011 (PRO- tional Community Development Block Grant GRAM YEAR 2010) ANNUAL ACTION PLAN- funds to the Green Alley Pilot Project. Upon AMENDMENT 1 FOR COMMUNITY DEVEL- motion the documents were received and filed OPMENT BLOCK GRANT (CDBG). and Resolution No. 219-10 Approving a Fiscal Year 2010 (Program Year 2009) Annual Action Whereas, the City of Dubuque approved a Plan – Amendment #3 for Community Devel-Fiscal Year 2011 Annual Action Plan on March opment Block Grant Recovery (CDBG-R) 9, 2010 by Resolution No. 72-2010; and funds was adopted. Whereas, the City now desires to amend said Fiscal Year 2011 Annual Plan to reflect RESOLUTION NO. 219-10 the increased Fiscal Year 2011 CDBG alloca- APPROVING THE FISCAL YEAR 2010 (PRO- tion as per the attached Exhibit A; and GRAM YEAR 2009) ANNUAL ACTION PLAN- Whereas, the City of Dubuque now proposes AMENDMENT 3 FOR COMMUNITY DEVEL- to amend the Neighborhood Infrastructure pro- OPMENT BLOCK GRANT RECOVERY gram to adjust the sidewalk assistance eligibility (CDBG-R) FUNDS. requirements as per the attached Exhibit B; and 220 Regular Session, July 6, 2010 Book 140 HWY 151 & 61 DEVELOPMENT, LLC, IN Whereas, said amendment is a substantial THE CITY OF DUBUQUE, IOWA amendment as provided in the City's Citizen Participation Plan and therefore must be ap-Whereas, the City of Dubuque (City) in- proved by resolution of the City Council after a tends to acquire certain real property owned public hearing by the Community Development by Hwy 151 & 61 Development, LLC (Owner), Advisory Commission; and legally described as follows (the Property): Lot Whereas, the City advertised a 30 day public C of Riverview Plaza, in the City of Dubuque, comment period beginning May 13, 2010; and Dubuque County, Iowa, as shown on Exhibit A Whereas, the Community Development Advi-attached hereto for the purpose of the storm- sory Commission reviewed the proposed water conveyance associated with the restora- amendment at a public hearing on June 16, tion of the Bee Branch Creek; and 2010 and has voted to approve said amendment Whereas, Iowa law requires that City must and to recommend approval by the City Council. make a good faith effort to negotiate with the NOW THEREFORE, BE IT RESOLVED BY Owner to purchase the Property before pro- THE CITY COUNCIL OF THE CITY OF DUBU-ceeding with condemnation; and QUE, IOWA: Whereas, City has caused an appraisal of Section 1. That the Fiscal Year 2011 Annual the property to be made and the appraised Action Plan (Program Year 2010) Amendment 1 value of the property is $20,000.00; and for the Community Development Block Grant Whereas, the City Council now desires to (CDBG) program hereto attached as Exhibits A establish the fair market value of the property. and B is hereby approved. NOW, THEREFORE, BE IT RESOLVED Section 2. That the City Manager is hereby BY THE CITY COUNCIL OF THE CITY OF authorized and directed to submit a copy of this DUBUQUE, IOWA: resolution and Plan to the U.S. Department of 1. The fair market value of the Property is Housing and Urban Development. hereby established to be $20,000.00. th Passed, approved and adopted this 6 day of 2. The City Manager is hereby authorized July, 2010. to commence negotiations with the Owner of Roy D. Buol, Mayor the Property and any other interested parties Attest: Jeanne F. Schneider, CMC, City Clerk for the purchase of the Property for a purchase price which is not less than the fair market Chavenelle Drive – 2010 PCC Concrete value established by this resolution. th Pavement Repair Project: City Manager re-Passed, approved and adopted this 6 day commending that the award for the Chavenelle of July, 2010. Drive – 2010 PCC Concrete Pavement Repair Roy D. Buol, Mayor Project be officially recorded in the minutes of Attest: Jeanne F. Schneider, CMC, City Clerk the City Council. Upon motion the documents were received and filed. Highway 151 & 61 Development – Setting Fair Market Value – 0.802 Acres: City Manag- Third Street Overpass Bridge Approach er recommending approval of the fair market Repair Project: City Manager recommending value of a 0.802 acre parcel of property owned that the award for the Third Street Overpass by Highway 151 & 61 Development for the Bee Bridge Approach Repair Project be officially Branch Creek Restoration Project. Upon mo- recorded in the minutes of the City Council. tion the documents were received and filed Upon motion the documents were received and Resolution No. 222-10 Establishing the and filed. fair market value of certain real property owned by Highway 151 & 61 Development Highway 151 & 61 Development – Setting was adopted. Fair Market Value – 0.0396 Acres: City Man- RESOLUTION NO. 222-10 ager recommending approval of the fair market ESTABLISHING THE FAIR MARKET VALUE value of a 0.0396 acre parcel of property OF CERTAIN REAL PROPERTY OWNED BY owned by Highway 151 & 61 Development for HWY 151 & 61 DEVELOPMENT, LLC, IN the Bee Branch Creek Restoration Project. THE CITY OF DUBUQUE, IOWA Motion by Jones to receive and file the docu- ments and adopt Resolution No. 221-10 Es-Whereas, the City of Dubuque (City) in- tablishing the fair market value of certain real tends to acquire certain real property owned property owned by Highway 151 & 61 Devel-by Hwy 151 & 61 Development, LLC (Owner), opment. Seconded by Connors. Motion carried legally described as follows (the Property): Lot 6-0. B of Riverview Plaza, in the City of Dubuque, Dubuque County, Iowa, as shown on Exhibit A RESOLUTION NO. 221-10 attached hereto for the purpose of the storm- ESTABLISHING THE FAIR MARKET VALUE water conveyance associated with the restora- OF CERTAIN REAL PROPERTY OWNED BY tion of the Bee Branch Creek; and Book 140 Regular Session, July 6, 2010 221 Whereas, Iowa law requires that City must Whereas, the City Council now desires to make a good faith effort to negotiate with the establish the fair market value of the property. Owner to purchase the Property before pro-NOW, THEREFORE, BE IT RESOLVED ceeding with condemnation; and BY THE CITY COUNCIL OF THE CITY OF Whereas, City has caused an appraisal of DUBUQUE, IOWA: the property to be made and the appraised 1. The fair market value of the Property is value of the property is $375,000.00; and hereby established to be $137,500.00. Whereas, the City Council now desires to 2. The City Manager is hereby authorized establish the fair market value of the property. to commence negotiations with the Owner of NOW, THEREFORE, BE IT RESOLVED the Property and any other interested parties BY THE CITY COUNCIL OF THE CITY OF for the purchase of the Property for a purchase DUBUQUE, IOWA: price which is not less than the fair market 1. The fair market value of the Property is value established by this resolution. th hereby established to be $375,000.00. Passed, approved and adopted this 6 day 2. The City Manager is hereby authorized of July, 2010. to commence negotiations with the Owner of Roy D. Buol, Mayor the Property and any other interested parties Attest: Jeanne F. Schneider, CMC, City Clerk for the purchase of the Property for a purchase price which is not less than the fair market Highway 151 & 61 Development – Setting value established by this resolution. Fair Market Value – 3.3 Acres: City Manager th Passed, approved and adopted this 6 day recommending approval of the fair market val- of July, 2010. ue of 3.3 acres of property owned by Highway Roy D. Buol, Mayor 151 & 61 Development for the Bee Branch Attest: Jeanne F. Schneider, CMC, City Clerk Creek Restoration Project. Upon motion the documents were received and filed and Reso- Highway 151 & 61 Development – Setting lution No. 224-10 Establishing the fair market Fair Market Value – 0.281 Acres: City Manag-value of certain real property owned by High- er recommending approval of the fair market way 151 & 61 Development was adopted. value of a 0.281 acre parcel of property owned RESOLUTION NO. 224-10 by Highway 151 & 61 Development for the Bee ESTABLISHING THE FAIR MARKET VALUE Branch Creek Restoration Project. Upon mo- OF CERTAIN REAL PROPERTY OWNED BY tion the documents were received and filed HWY 151 & 61 DEVELOPMENT, LLC, IN and Resolution No. 223-10 Establishing the THE CITY OF DUBUQUE, IOWA fair market value of certain real property owned by Highway 151 & 61 Development Whereas, the City of Dubuque (City) in- was adopted. tends to acquire certain real property owned by Hwy 151 & 61 Development, LLC (Owner), RESOLUTION NO. 223-10 legally described as follows (the Property): Lot ESTABLISHING THE FAIR MARKET VALUE A of Riverview Plaza, in the City of Dubuque, OF CERTAIN REAL PROPERTY OWNED BY Dubuque County, Iowa, as shown on Exhibit A HWY 151 & 61 DEVELOPMENT, LLC, IN attached hereto for the purpose of the storm- THE CITY OF DUBUQUE, IOWA water conveyance associated with the restora- Whereas, the City of Dubuque (City) in-tion of the Bee Branch Creek; and tends to acquire certain real property owned Whereas, Iowa law requires that City must by Hwy 151 & 61 Development, LLC (Owner), make a good faith effort to negotiate with the legally described as follows (the Property): N Owner to purchase the Property before pro- 1/2 LOT 316 EAST DUBUQUE ADD; S 1/2 ceeding with condemnation; and LOT 316 EAST DUBUQUE ADD; W 1/2 LOT Whereas, City has caused an appraisal of 355 EAST DUBUQUE ADD; E 1/2 LOT 355 the property to be made and the appraised EAST DUBUQUE ADD; LOT 2 OF 354 EAST value of the property is $1,400,000.00; and DUBUQUE ADD, all in the City of Dubuque, Whereas, the City Council now desires to Dubuque County, Iowa, as shown on Exhibit A establish the fair market value of the property. attached hereto for the purpose of the storm-NOW, THEREFORE, BE IT RESOLVED water conveyance associated with the restora-BY THE CITY COUNCIL OF THE CITY OF tion of the Bee Branch Creek; and DUBUQUE, IOWA: Whereas, Iowa law requires that City must 1. The fair market value of the Property is make a good faith effort to negotiate with the hereby established to be $1,400,000.00. Owner to purchase the Property before pro-2. The City Manager is hereby authorized ceeding with condemnation; and to commence negotiations with the Owner of Whereas, City has caused an appraisal of the Property and any other interested parties the property to be made and the appraised for the purchase of the Property for a purchase value of the property is $137,500.00; and price which is not less than the fair market value established by this resolution. 222 Regular Session, July 6, 2010 Book 140 th Passed, approved and adopted this 6 day Cedar Cross Amoco, L B Metcalf, Inc., of July, 2010. 1200 Cedar Cross Road Roy D. Buol, Mayor Diamond Jo Casino, Diamond Jo, LLC, Attest: Jeanne F. Schneider, CMC, City Clerk 301 Bell Street Dubuque Quick Stop Mart, Bashra Wa- City Manager Employment Agreement: seem, 1401 Central Avenue Submittal of the Twentieth Amendment to the Gas & Go, 3270 Dodge St, Inc., 3270 City Manager’s Employment Agreement for Dodge Street approval. Upon motion the documents were Gas & Co, 4110 Dodge St, Inc., 4110 received, filed, and approved. Dodge Street Instant Replay, Pamela Arensdorf, 1602 Workers’ Compensation Claim: City Man-Central Avenue ager recommending approval of the settlement K-Chap Foods, Kristina L. Chapman, 1050 of the workers’ compensation claim of John University Avenue th Splinter. Upon motion the document was re-Lucky 13, David H. Erickson, 385 E. 13 ceived, filed, and approved. Street th Passed, approved and adopted this 6 day Iowa State Energy Program Grant: City of July, 2010 Manager recommending approval of a $69,831 Roy D. Buol, Mayor grant application to the Iowa Office of Energy Attest: Jeanne F. Schneider, CMC, City Clerk Independence to cover a portion of the im- th RESOLUTION NO. 226-10 provements to the 18 and Central Avenue building. Upon motion the documents were Whereas, applications for Beer Permits received, filed, and approved. have been submitted and filed to this Council for approval and the same have been ex- Liquor License Refund: Request of Ann amined and approved; and Cunningham for a refund of Beer and Liquor Whereas, the premises to be occupied by License No. LC0036524 in the amount of such applicants were inspected and found to $422.50. Upon motion the documents were comply with the Ordinances of the City and received, filed and the refund approved. have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED Business Licenses: City Manager recom-BY THE CITY COUNCIL OF THE CITY OF mending approval of annual liquor license re-DUBUQUE, IOWA: newals as submitted. Upon motion the docu-That the Manager be authorized to cause ments were received and filed and Resolution to be issued the following named applicants a No. 225-10 Granting the issuance of eight re-Beer Permit. newal applications to sell cigarettes and ciga-CLASS “C” BEER PERMIT rette papers within the City; Resolution No. K-Chap Foods, Inc., K-Chap Foods 226-10 Granting the issuance of a Class “C” +(Sunday Sale), 1050 University Avenue th Beer Permit to K-Chap Foods; and Resolution Passed, approved and adopted this 6 day No. 227-10 Granting the issuance of a Class of July, 2010 “C” Beer/Liquor License (5-Day Special Event) Roy D. Buol, Mayor to Diamond Jo, LLC; a Special Class “C” (BW) Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License to Bell Tower Productions; and RESOLUTION NO. 227-10 a Special Class “C” (BW) Liquor License (5- Day Special Event) to the Dubuque Jaycees Whereas, applications for Liquor Licenses were adopted. have been submitted to this Council for ap- proval and the same have been examined and RESOLUTION NO. 225-10 approved; and NOW, THEREFORE, BE IT RESOLVED Whereas, the premises to be occupied by BY THE CITY COUNCIL OF THE CITY OF such applicants were inspected and found to DUBUQUE, IOWA: comply with the State Laws and all City Ordin- That the following having complied with the ances relevant thereto and they have filed provisions of law relating to the sale of Ciga-proper bonds. rettes within the City of Dubuque, Iowa, be NOW, THEREFORE, BE IT RESOLVED granted a permit to sell Cigarettes and Ciga-BY THE CITY COUNCIL OF THE CITY OF rette Papers within said City. DUBUQUE, IOWA: 8 RENEWALS That the Manager be authorized to cause Awn Stop Mart, Inc., Awn Stop Mart, Inc., to be issued the following named applicants a 1998 Jackson Street Liquor License. Awn Stop Mart # 3, Awn Stop Mart, Inc., CLASS “C” BEER/LIQUOR LICENSE 408 W. Locust Street (5-DAY SPECIAL EVENT) Book 140 Regular Session, July 6, 2010 223 Diamond Jo, LLC, Diamond Jo Casino Parking Lot, 301 Bell Street Water Revenue Bonds: City Manager re- SPECIAL CLASS “C” (BW) LIQUOR LICENSE commending that a public hearing be set for Bell Tower Productions, Bell Tower Pro-July 19, 2010 to consider the issuance of not ductions +(Sunday Sale), 2728 Asbury Road to exceed $5,700,000 Water Revenue Bonds SPECIAL CLASS “C” (BW) LIQUOR LICENSE for water main replacements and other water (5-DAY SPECIAL EVENT) system improvements. Upon motion the doc- Dubuque Jaycees, Dubuque Jaycees, uments were received and filed and Resolution Town Clock Plaza No. 229-10 Fixing date for a meeting on the th Passed, approved and adopted this 6 day proposition of the issuance of not to exceed of July, 2010 $5,700,000 Water Revenue Bonds of the City Roy D. Buol, Mayor of Dubuque, Iowa, and providing for publica- Attest: Jeanne F. Schneider, CMC, City Clerk tion of notice thereof was adopted, setting a public hearing for a meeting to commence at ITEMS TO BE SET FOR PUBLIC HEARING 6:30 p.m. on July 19, 2010 in the Historic Fed- eral Building. Motion by Connors to receive and file the RESOLUTION NO. 229-10 documents, adopt the resolutions, set the pub- RESOLUTION FIXING DATE FOR A MEET- lic hearings as indicated, and direct the City ING ON THE PROPOSITION OF THE IS- Clerk to publish notice as prescribed by law. SUANCE OF NOT TO EXCEED $5,700,000 Seconded by Jones. Motion carried 6-0. WATER REVENUE BONDS, OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR Fiscal Year 2011 Budget Amendment: City PUBLICATION OF NOTICE THEREOF Manager recommending that a public hearing be set for July 19, 2010 to consider the first Whereas, the City of Dubuque, Iowa, is in amendment to the Fiscal Year 2011 budget. need of funds to carry out the purpose herei- Upon motion the documents were received nafter described; and, it is deemed necessary and filed and Resolution No. 228-10 Setting and advisable that the City should issue Water the date for the public hearing on Amendment Revenue Bonds, to the amount of not to ex- No. 1 to the Fiscal Year 2011 budget for the ceed $5,700,000, as authorized by Sections City of Dubuque was adopted setting a public 384.82 and 384.83, of the City Code of Iowa, hearing for a meeting to commence at 6:30 for the purpose of providing funds to pay costs p.m. on July 19, 2010 in the Historic Federal thereof; and Building. Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of RESOLUTION NO. 228-10 the Code, and to publish a notice of the pro- SETTING THE DATE FOR THE PUBLIC posal to issue such Bonds and of the time and HEARING ON AMENDMENT NO. 1 TO THE place of the meeting at which it is proposed to FISCAL YEAR 2011 BUDGET FOR THE take action for the issuance of the Bonds and CITY OF DUBUQUE to receive oral and/or written objections from Whereas, Iowa Code Section 384.16 pro-any resident or property owner of the City to vides that the City Council shall set a time and such action. place for a public hearing on amendments to NOW, THEREFORE, BE IT RESOLVED the budget and publish notice before the hear-BY THE CITY COUNCIL OF THE CITY OF ing as provided in Iowa Code Section 362.3. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED Section 1. That this governing body meet 6th BY THE CITY COUNCIL OF THE CITY OF in the Historic Federal Building, 350 West DUBUQUE, IOWA: Street, Dubuque, Iowa, at 6:30 o'clock PM, on th Section 1. That the City Council shall con-the 19 day of July, 2010, for the purpose of duct a public hearing on proposed Amendment taking action on the matter of the issuance of No. 1 to the Fiscal Year 2011 budget for the not to exceed $5,700,000 Water Revenue City of Dubuque at the City Council Chambers Bonds, of the City, the proceeds of which 6th at the Historic Federal Building, 350 West Bonds will be used to provide funds to pay Street, Dubuque, Iowa, on Monday, July 19, costs of constructing and equipping improve- 2010, beginning at 6:30 p.m. ments and extensions to the Municipal Water Section 2. That the City Clerk be and is he-System. reby authorized and directed to publish notice Section 2. That the Clerk is hereby directed of the public hearing, according to law, togeth-to cause at least one publication to be made of er with the required budget information. a notice of such meeting, in a legal newspa- th Passed, approved and adopted this 6 day per, printed wholly in the English language, of July 2010. published at least once weekly, and having Roy D. Buol, Mayor general circulation in the City, such publication Attest: Jeanne F. Schneider, CMC, City Clerk to be not less than four clear days nor more 224 Regular Session, July 6, 2010 Book 140 than twenty days before the date of the public exceed $3,000,000 General Obligation Urban meeting on the issuance of the Bonds. Renewal Bonds, for urban renewal purposes Section 3. The notice of the proposed ac-of the City, the proceeds of which Bonds will tion to issue the Bonds shall be in substantially be used to provide funds to pay costs of aiding the [provided] form. in the planning, undertaking and carrying out th Passed and approved this 6 day of July, of urban renewal project activities under the 2010. authority of Chapter 403 of the Code of Iowa Roy D. Buol, Mayor and the Amended and Restated Urban Re- Attest: Jeanne F. Schneider, CMC, City Clerk newal Plan for the Greater Downtown Urban Renewal Area, including those costs asso- General Obligation Urban Renewal Bonds: ciated with construction of parking improve- City Manager recommending that a public ments and landscape projects within the hearing be set for July 19, 2010 to consider Greater Downtown Urban Renewal Area. the issuance of not to exceed $3,000,000 in Section 2. That the Clerk is hereby directed General Obligation Urban Renewal Bonds for to cause at least one publication to be made of downtown improvements. Upon motion the a notice of the meeting, in a legal newspaper, documents were received and filed and Reso-printed wholly in the English language, pub- lution No. 230-10 Fixing date for a meeting on lished at least once weekly, and having gener- the proposition of the issuance of not to ex-al circulation in the City, the publication to be ceed $3,000,000 General Obligation Urban not less than ten clear days before the date of Renewal Bonds (for Urban Renewal purposes) the public meeting on the issuance of the of the City of Dubuque, Iowa, and providing for Bonds. publication of notice thereof was adopted set-Section 3. The notice of the proposed ac- ting a public hearing for a meeting to com-tion to issue the Bonds shall be in substantially mence at 6:30 p.m. on July 19, 2010 in the the [provided] form. 6th Historic Federal Building. Passed and approved this day of July, 2010. RESOLUTION NO. 230-10 Roy D. Buol, Mayor RESOLUTION FIXING DATE FOR A MEET- Attest: Jeanne F. Schneider, CMC, City Clerk ING ON THE PROPOSITION OF THE IS- SUANCE OF NOT TO EXCEED $3,000,000 General Obligation Bonds and Refunding GENERAL OBLIGATION URBAN RENEWAL General Obligation Bonds: City Manager re- BONDS (FOR URBAN RENEWAL PURPOS- commending that a public hearing be set for ES) OF THE CITY OF DUBUQUE, IOWA, July 19, 2010 to consider the issuance of not AND PROVIDING FOR PUBLICATION OF to exceed $4,575,000 General Obligation NOTICE THEREOF Bonds for various City projects and refunding Whereas, it is deemed necessary and ad-Series 2002B General Obligation Bonds. Upon visable that the City of Dubuque, Iowa, should motion the documents were received and filed issue General Obligation Urban Renewal and Resolution No. 231-10 Fixing date for a Bonds, to the amount of not to exceed meeting on the proposition of the issuance of $3,000,000, as authorized by Sections 403.12 not to exceed $4,575,000 General Obligation and 384.24(3(q), of the City Code of Iowa, for Bonds (for essential corporate purposes) of the purpose of providing funds to pay costs of the City of Dubuque, Iowa, and providing for carrying out the urban renewal projects as publication of notice thereof was adopted set- hereinafter described; and ting a public hearing for a meeting to com- Whereas, before the Bonds may be issued, mence at 6:30 p.m. on July 19, 2010 in the it is necessary to comply with the provisions of Historic Federal Building. the Code, and to publish a notice of the pro- RESOLUTION NO. 231-10 posal to issue such Bonds and of the time and RESOLUTION FIXING DATE FOR A MEET- place of the meeting at which the Council pro- ING ON THE PROPOSITION OF THE IS- poses to take action for the issuance of the SUANCE OF NOT TO EXCEED $4,575,000 Bonds and to receive oral and/or written objec- GENERAL OBLIGATION BONDS (FOR ES- tions from any resident or property owner of SENTIAL CORPORATE PURPOSES) OF the City to such action, and the right to petition THE CITY OF DUBUQUE, IOWA, AND PRO- for an election. VIDING FOR PUBLICATION OF NOTICE NOW, THEREFORE, BE IT RESOLVED THEREOF BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, it is deemed necessary and ad- Section 1. That this Council meet in the visable that the City of Dubuque, Iowa, should th Historic Federal Building, 350 West 6 Street, issue General Obligation Bonds to the amount Dubuque, Iowa, at 6:30 o'clock P.M., on the of not to exceed $4,575,000, as authorized by th 19 day of July, 2010 for the purpose of taking Section 384.25, of the City Code of Iowa, for action on the matter of the issuance of not to the purpose of providing funds to pay costs of Book 140 Regular Session, July 6, 2010 225 carrying out essential corporate purpose projects as hereinafter described; and Catfish Creek Generator Installation Whereas, before the Bonds may be issued, Project: City Manager recommending initiation it is necessary to comply with the provisions of of the public bidding process for the Catfish the Code, and to publish a notice of the pro-Creek Generator Installation Project and that a posal to issue such Bonds and of the time and public hearing be set for July 19, 2010 to con- place of the meeting at which the Council pro-sider approval of the plans and specifications, poses to take action for the issuance of the form of contract and estimated cost. Upon Bonds and to receive oral and/or written objec-motion the documents were received and filed tions from any resident or property owner of and Resolution No. 232-10 Preliminary ap- the City to such action. proval 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 Catfish Creek DUBUQUE, IOWA: Generator Installation Project was adopted Section 1. That this Council meet in the setting a public hearing for a meeting to com- 6th Historic Federal Building, 350 West Street, mence at 6:30 p.m. on July 19, 2010 in the Dubuque, Iowa, at 6:30 o'clock P.M., on the Historic Federal Building. th 19 day of July, 2010, for the purpose of tak- RESOLUTION NO. 232-10 ing action on the matter of the issuance of not CATFISH CREEK PUMPING STATION GE- to exceed $4,575,000 General Obligation NERATOR PROJECT PRELIMINARY AP- Bonds, for essential corporate purposes of the PROVAL OF PLANS, SPECIFICATIONS, City, the proceeds of which Bonds will be used FORM OF CONTRACT, AND ESTIMATED to provide funds to pay costs of improvements COST; SETTING DATE OF PUBLIC HEAR- and extensions to the municipal sanitary sewer ING ON PLANS, SPECIFICATIONS, FORM and storm water drainage systems; equipping OF CONTRACT, AND ESTIMATED COST; the sanitation and road departments; improv- AND ORDERING THE ADVERTISEMENT ing the City airport grounds and facilities; the FOR BIDS acquisition of land and other costs associated with the Bee Branch storm water project; re-NOW THEREFORE, BE IT RESOLVED habilitation and improvement of City parks; BY THE CITY COUNCIL OF THE CITY OF construction, reconstruction and repair of si-DUBUQUE, IOWA: dewalks; improvement and installation of street The proposed plans, specifications, form of lighting fixtures, connections and facilities; contract and estimated cost for the City of Du- street improvements, including installation of buque Catfish Creek Pumping Station Genera- fiber optic conduit; and refunding and refinanc-tor Project in the estimated amount of ing of certain outstanding indebtedness of the $120,000 are hereby preliminarily approved City, including the General Obligation Bonds, and ordered filed in the office of the City Clerk Series 2002B, dated June 1, 2002. for public inspection. th Section 2. To the extent any of the projects A public hearing will be held on the 19 or activities described in this resolution may be day of July, 2010 at 6:30 p.m. in the Historic reasonably construed to be included in more Federal Building Council Chambers at which than one classification under Division III of the time interested persons may appear and be City Code of Iowa, the Council hereby elects heard for or against the proposed plans and the "essential corporate purpose" classification specifications, form of contract and estimated and procedure with respect to each such cost of said Project, and the City Clerk be and project or activity, pursuant to Section 384.28 is hereby directed to cause the attached notice of the City Code of Iowa. of the time and place of such hearing to be Section 3. That the Clerk is hereby directed published in a newspaper having general cir- to cause at least one publication to be made of culation in the City of Dubuque, Iowa, which a notice of the meeting, in a legal newspaper, notice shall be published not less than four printed wholly in the English language, pub-days nor more than twenty days prior to the lished at least once weekly, and having gener-date of such hearing. At the hearing, any inter- al circulation in the City. The publication to be ested person may appear and file objections to not less than four clear days nor more than the proposed plans, specifications, form of twenty days before the date of the public meet-contract, or estimated cost of the Project. ing on the issuance of the Bonds. The City of Dubuque Catfish Creek Pump- Section 4. The notice of the proposed ac-ing Station Project is hereby ordered to be tion to issue the Bonds shall be in substantially advertised for bids for construction. the [provided] form. The amount of the security to accompany th Passed and approved this 6 day of July, each bid shall be in an amount which shall 2010. conform to the provisions of the Notice to Bid- Roy D. Buol, Mayor ders hereby approved. Attest: Jeanne F. Schneider, CMC, City Clerk 226 Regular Session, July 6, 2010 Book 140 The City Clerk is hereby directed to adver-filed in the office of the City Clerk for public tise for bids for the construction of the im-inspection. th provements herein provided, by publishing the A public hearing will be held on the 19 attached Notice to Bidders to be published in a day of July, 2010 at 6:30 p.m. in the Historic newspaper having general circulation in the Federal Building Council Chambers at which City of Dubuque, Iowa, which notice shall be time interested persons may appear and be published not less than four but not more than heard for or against the proposed plans and forty-five days before the date for filing bids specifications, form of contract and estimated th before 2:00 p.m. on the 6 day of August, cost of said Project, and the City Clerk be and 2010. Bids shall be opened and read by the is hereby directed to cause the attached notice City Clerk at said time and will be submitted to of the time and place of such hearing to be the City Council for final action at 6:30 p.m. on published in a newspaper having general cir- th the 16 day of August, 2010 in the Historic culation in the City of Dubuque, Iowa, which Federal Building Council Chambers (second notice shall be published not less than four th floor), 350 West 6 Street, Dubuque, Iowa. days nor more than twenty days prior to the th Passed, adopted and approved the 6 day date of such hearing. At the hearing, any inter- of July, 2010. 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. st The Central Avenue Water Main (21 – stndnd Central Avenue Water Main (21 to 32 32 Street) Project is hereby ordered to be Streets) Project: City Manager recommending advertised for bids for construction. initiation of the public bidding process for the The amount of the security to accompany stnd Central Avenue Water Main (21 to 32 each bid shall be in an amount which shall Streets) Project and that a public hearing be conform to the provisions of the Notice to Bid- set for July 19, 2010 to consider approval of ders hereby approved. the plans and specifications, form of contract The City Clerk is hereby directed to adver- and estimated cost. Upon motion the docu-tise for bids for the construction of the im- ments were received and filed and Resolution provements herein provided, by publishing the No. 233-10 Preliminary approval of plans, spe-attached Notice to Bidders to be published in a cifications, form of contract, and estimated newspaper having general circulation in the cost, setting date of public hearing and order-City of Dubuque, Iowa, which notice shall be ing bids for the Central Avenue Water Main published not less than four but not more than stnd (21 to 32 Streets) Project; Resolution No. forty-five days before the date for filing bids nd 234-10 Approving the plat, schedule of as-before 2:00 p.m. on the 22 day of July, 2010. sessments and estimate of total cost and set-Bids shall be opened and read by the City ting date of public hearing on Resolution of Clerk at said time and will be submitted to the Necessity; and Resolution No. 235-10 Resolu-City Council for final action at 6:30 p.m. on the nd tion of Necessity for the Central Avenue Water 2 day of August, 2010, in the Historic Federal stnd Main (21 to 32 Street) Project were adopted Building Council Chambers (second floor), 350 th setting a public hearing for a meeting to com-West 6 Street, Dubuque, Iowa. th mence at 6:30 p.m. on July 19, 2010 in the Passed, adopted and approved this 6 day Historic Federal Building. of July, 2010. Roy D. Buol, Mayor RESOLUTION NO. 233-10 Attest: Jeanne F. Schneider, CMC, City Clerk CENTRAL AVENUE WATER MAIN STND (21 – 32 STREET) PROJECT RESOLUTION NO. 234-10 PRELIMINARY APPROVAL OF PLANS, CENTRAL AVENUE WATER MAIN STND SPECIFICATIONS, FORM OF CONTRACT, (21 – 32 STREET) PROJECT AND ESTIMATED COST; SETTING DATE APPROVING THE PLAT, SCHEDULE OF OF PUBLIC HEARING ON PLANS, SPECI-ASSESSMENTS AND ESTIMATE OF TOTAL FICATIONS, FORM OF CONTRACT, AND COST AND SETTING DATE OF PUBLIC ESTIMATED COST; AND ORDERING THE HEARING ON RESOLUTION OF NECESSI- ADVERTISEMENT FOR BIDS TY NOW THEREFORE, BE IT RESOLVED Whereas, the proposed Resolution of Ne- BY THE CITY COUNCIL OF THE CITY OF cessity for the Project has been introduced for DUBUQUE, IOWA: the Project. The proposed plans, specifications, form of NOW THEREFORE,BE IT RESOLVED contract and estimated cost for the Central BY THE CITY COUNCIL OF THE CITY OF stnd Avenue Water Main (21 – 32 Street) DUBUQUE, IOWA: Project, in the estimated amount $717,771.29, The attached plat, schedule of assess- are hereby preliminarily approved and ordered ments, and estimate of total cost for the Cen- stnd tral Avenue Water Main (21 – 32 Street) Book 140 Regular Session, July 6, 2010 227 Project and the proposed Resolution of Ne-Langworthy's Add; 1024135003; $73,400; cessity are hereby approved and ordered $78,460.00; $5,060.00; $5,060.00 placed on file in the Office of the City Clerk. National Retail Properties LP; Lot 2-1 Bea- th The City Council will meet on the 19 day trice Foods Place; 1024135005; $501,200; of July, 2010 at 6:30 p.m. at the Historic Fed-$507,200.00; $6,000.00; $6,000.00 eral Building Council Chambers (second floor), Genesis Three Holdings LLC; LH Langs th 350 West 6 Street, Dubuque, Iowa, at which Add S 35' of S 60' Lot 10 Except Pt For White; time the owners of property subject to as-1024207007; $16,100; $18,565.17; $2,465.17; sessment for the proposed improvement or $2,465.17 any other person having an interest in the mat-Genesis Three Holdings LLC; Lot 4-9 L H ter may appear and be heard for or against the Lang's Add; 1024207003; $161,500; making of the improvement, the boundaries of $163,965.17; $2,465.17; $2,465.17 the district, the cost, the assessment against Gerhard, Curtis L; Lot 3-9 L H Lang's Add; any lot, or the final adoption of a resolution of 1024207002; $9,400; $11,865.17; $2,465.17; necessity. $2,465.17 A property owner will be deemed to have PLASTIC CENTER INC; Lot 2"B" L H waived all objections unless at the time of Langworthys Add 2204-2204 1/2 & 2206 Cen- hearing the property owner has filed objections tral Ave; 1024201006; $243,000; $245,465.17; with the City Clerk. $2,465.17; $2,465.17 The City Clerk be and is hereby authorized Coursey, Wayne M & L Eileen; Lot 1-1-4D and directed to cause the attached notice of L H Langworthys Add 2222-2222 1/2 CEN- the time and place of such hearing to be pub-TRAL AVE; 1024201005; $163,200; lished in a newspaper having general circula-$165,665.17; $2,465.17; $2,465.17 tion in the City of Dubuque, Iowa, which notice Hartig Realty Iv LC; S 20'8" N25'4" Lot 1, shall be published once each week for two S24'8"Lot 1, N4'8" N25'4" Lot 1, S 18' of 2; consecutive weeks, the first publication of 1024129037; $459,200; $474,380.00; which shall be not less than ten days prior to $15,180.00; $15,180.00 the day fixed for its consideration. Hartig Realty Vi LC; Lot 2 of 4D And Lot 2 th Passed, approved and adopted this 6 day of 6F IN L H Langworthy's Add; 1024201003; of July, 2010. $108,200; $110,665.17; $2,465.17; $2,465.17 Roy D. Buol, Mayor Hartig Realty Vi LC; Lot 1 of 1 of 6F IN L. Attest: Jeanne F. Schneider, CMC, City Clerk H. Langworthy's Add; 1024130011; $47,000; $49,465.17; $2,465.17; $2,465.17 CITY OF DUBUQUE, IOWA Heinold, David M; W 1/2-S 1/2-Lot 8 "H" L CENTRAL AVENUE H Langworthy's Add; 1024130010; $62,000; WATER SERVICE REPLACEMENT $64,465.17; $2,465.17; $2,465.17 PRELIMINARY SCHEDULE OF VALUATION Winter, Jason W; W 1/2-S 1/2-Lot 10 "J" L AND PROPOSED ASSESSMENTS H Langworthy's Add; 1024130009; $46,800; DATE: July 6, 2010 $49,265.17; $2,465.17; $2,465.17 The following schedule is hereby deter-Schmitt, Richard W & Judy K; S 1/2 of Lot mined to show each lot proposed to be as-8 Tivoli Add; 1024129026; $68,100; sessed for the improvement shown in the title $73,160.00; $5,060.00; $5,060.00 together with the amount proposed to be as-Conrad, Jr., Ronald J.; N 1/2 of Lot 8 Tivoli sessed against each lot and the valuations Add; 1024129025; $61,800; $66,860.00; shown opposite each lot are hereby fixed as $5,060.00; $5,060.00 the true valuations of such lots by the City Haas, Daniel J & Amanda J; Lot 9 Tivoli Council of the City of Dubuque Add 2255-2257 Central Ave; 1024129024; PROPERTY OWNER NAME; LOT DE-$85,100; $90,160.00; $5,060.00; $5,060.00 SCRIPTION; PARCEL #; NET ASSESSED Jellison, Kelly M Sr. & Dawn M; Lot 1-14N VALUATION 2010; VALUATION WITH IM-L H Langworthy's Add; 1024130006; $8,300; PROVEMENT; WATER SERVICE PRIVATE $10,765.17; $2,465.17; $2,465.17 LATERAL COSTS; WATER SERVICE PRI-CNI Properties LLC; Lot 2 Richardson VATE LATERAL DEFICIENCY; TOTAL NET Place; 1024130001; $74,700; $77,165.17; ASSESSMENT $2,465.17; $2,465.17 Carner Properties LLC; Lot 1 Valeria Place Leslein, James; Lot 4A & S 1/3 of Lot 5 L H NO. 2; 1024126032; $157,600; $162,660.00; Langworthys Add; 1024252003; $75,000; $5,060.00; $5,060.00 $85,120.00; $10,120.00; $10,120.00 Puetz, Joseph F & Jammie L; W 1/2-N 1/2- Leslein, James; Bal S 42' Lot 12 L H Langs Lot 20 L H Langworthy's Add; 1013383006; Add; 1024207013; $16,700; $19,165.17; $39,500; $41,965.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 Smothers, Patricia A &; N 1/2-Lot 21 L H Udelhofen, Janet; E77'4"-S35'-N50' Lot6 & Langworthy's Add; 1013383004; $85,400; Lot 2-W122'8"-S35' -N50' Lot 6 ALL IN L H $87,865.17; $2,465.17; $2,465.17 228 Regular Session, July 6, 2010 Book 140 City of Dubuque; Lot 4 & N 96' Lot 3 Finn, James P & Pamela A; Lot 1-1-2-1-18 BREWERY ADD; 1013382001; $387,340; John King's Dubuque 2523-2525 CENTRAL $399,340.00; $12,000.00; $12,000.00 AVE; 1013377035; $84,400; $89,460.00; Maro, Gerald F & Janelda R; S 1/2 Lot 2-$5,060.00; $5,060.00 171 & Lot 1-2-1-171 L H Langworthys Add; Delire, Stephen P & Janet M; Lots 1,2, & 4 1013378024; $39,900; $42,365.17; $2,465.17; & LotS 1 & 2 of 3 IN Dunn's Sub & Lot 2-1-2-1- $2,465.17 18 John Kings Dubuque; 1013377034; Schmitz, Lynn F; Lot 1-10 Wullweber SUB; $281,200; $291,320.00; $10,120.00; 1013377050; $10,000; $15,060.00; $5,060.00; $10,120.00 $1,295.00; $3,765.00 Dubuque Community School; Lots 231, Stowers, Michael R; Lot 9 Wullwebers 232, 233, 234, & 235 LotS 1 & 2 of 230, N 28'- SUB; 1013377048; $74,100; $79,160.00; Lot 229, & S 1/2-Lot 236; 1013376020; $5,060.00; $5,060.00 $747,580; $757,440.00; $9,860.00; $9,860.00 Smith, Steve J; W 95' Lot 2-172 L H Lang-Even, John W. & Sandra; Lot 1-1-1-241 worthy's Add; 1013378013; $10,500; DAVIS FARM ADD; 1013314020; $63,600; $12,965.17; $2,465.17; $2,465.17 $68,660.00; $5,060.00; $5,060.00 Smith, Steve J; Lot 1-172 & W 8' of E 75' Shappel, John J & Theresa M; Lot 2-2 of Lot 2 of 172 L H Langworthys Add; 238 Davis Farm Add; 1013376001; $67,900; 1013378012; $112,400; $114,865.17; $70,365.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 Silvestri, Michael A & Dorothy; Lot 1-243 Routley, Jonathan J & Mary F; Lot 1-1 F Davis Farm Add; 1013314018; $31,700; Fosselmans Sub 2420-2420 1/2 Central Ave; $36,760.00; $5,060.00; $5,060.00 1013378011; $50,300; $52,765.17; $2,465.17; Genesis Two Holdings LLC; S 1/2-269 Da- $2,465.17 vis Farm Add; 1013328016; $63,100; Routley, Jonathan J & Mary F; Lot 2-1 F $65,565.17; $2,465.17; $2,465.17 Fosselmans Sub; 1013378010; $40,600; Hess, Richard J & Nancy M; E 1/2 of Lot $43,065.17; $2,465.17; $2,465.17 246 Davis Farm Add; 1013314014; $43,500; Straub, Harold H.; N 1/2 - E 180 '- Lot 1-6, $48,560.00; $5,060.00; $5,060.00 John King's Dubuque; 1013377046; $113,300; Harrison, Gloria & James W; Lot 247 Davis $118,360.00; $5,060.00; $5,060.00 Farm Add; 1013314012; $58,800; $63,860.00; Hess, Richard J & Nancy M; N 1/2 Lot 2 $5,060.00; $5,060.00 Frank Fosselmans; 1013378008; $55,100; Luher, Kathryn Marie; Lot 248 Davis Farm $57,565.17; $2,465.17; $2,465.17 Add; 1013314011; $71,300; $76,360.00; Frommelt, David C; S 1/2 & N 1/2 Lot 3 F $5,060.00; $5,060.00 Fosselmans Sub; 1013378007; $39,300; Wedert, Joseph W & Kathleen M; N 1/2-E $44,230.34; $4,930.34; $4,930.34 1/2-272 Davis Farm Add; 1013328022; Heiderscheit, Benjamin L; NE 1/4 Lot 8 $64,300; $69,360.00; $5,060.00; $5,060.00 John King's Dubuque; 1013377044; $42,800; Kuhle, Mark J & Karen M; W 85'-S 1/2-274 $47,860.00; $5,060.00; $5,060.00 Davis Farm Add; 1013328006; $47,800; Mootz, Cletus J & Margaret A; N 1/2 Lot 4 $50,265.17; $2,465.17; $2,465.17 & S 12 1/2 Lot 5 FRANK Fosselmans Sub; Then, Richard Henry; N 28'-275 Davis 1013378005; $72,200; $77,130.34; $4,930.34; Farm Add; 1013328003; $59,600; $62,065.17; $4,930.34 $2,465.17; $2,465.17 Copeland, Dennis W.; NE 1/4 Lot 10 John Schmitt, Gary C & Mary Lou; E 1/2 of Lot King's Dubuque; 1013377042; $73,200; 250 Davis Farm Add; 1013314009; $52,600; $78,260.00; $5,060.00; $5,060.00 $57,660.00; $5,060.00; $5,060.00 Sodawasser, Laura; N 15' Lot 6 & S 35' Lot Hess, Randall J & Shirley M; Lot 251 & S 7 F Fosselmans Sub; 1013378002; $89,600; 1/2 of Lot 252, Davis Farm Add.; 1013307024; $92,065.17; $2,465.17; $2,465.17 $44,100; $54,220.00; $10,120.00; $10,120.00 Bries, Jerome A & Susan M; E 1/2-Lot 12, Vogt, Emil F. & Delaine; Lot 253 & N 1/2 of John King's Dubuque; 1013377041; $113,500; Lot 252, Davis Farm Add; 1013307023; $118,560.00; $5,060.00; $5,060.00 $1,800; $11,920.00; $10,120.00; $7,140.00; Mueller, Robert E & Sharon M; N 34 1/2' $2,980.00 Lot 226 & S 25' Lot 227 Davis Farm Add; Jones, James C Jr. & Shirley A; Lot 1-W 1013376018; $88,400; $90,865.17; $2,465.17; 170'-278 Davis Farm; 1013308010; $74,900; $2,465.17 $77,365.17; $2,465.17; $2,465.17 Pluym, Daniel L & Susan E; Lot 1-N 35' of Vogt, Delaine A; Lot 254, Davis Farm W 170' of Lot 227 DAVIS Farm Add; ADD.; 1013307022; $64,800; $69,860.00; 1013376014; $69,500; $71,965.17; $2,465.17; $5,060.00; $5,060.00 $2,465.17 Schmitt, Eugene F Jr. &; Lot 2-W 170' of Paar, Laura K; Lot 2-16-John King's Dubu-Lot 278 Davis Farm Add; 1013308009; que; 1013377036; $58,000; $63,060.00; $59,400; $61,865.17; $2,465.17; $2,465.17 $5,060.00; $5,060.00 Book 140 Regular Session, July 6, 2010 229 Kaune, David M; W 170'-279 Davis Farm Keuter, Mark & Jessica; W 1/2-294 Davis Add; 1013308008; $60,700; $63,165.17; Farm Add; 1013156004; $85,220; $87,685.17; $2,465.17; $2,465.17 $2,465.17; $2,465.17 Farfan, Santos L & Salome; Lot 255 David Johnson, Keith A; W 80'-E 1/2-294 Davis Farm Add; 1013307021; $15,500; $20,560.00; Farm Add; 1013156018; $91,800; $94,265.17; $5,060.00; $5,060.00 $2,465.17; $2,465.17 Farfan, Santos L & Salome; S 1/2 of Lot Reiff, Albert J & Melissa L; Lot 1-N 2'-W 256 DAVIS FARM ADD 2735-2735 1/2 Central 170' OF 295 & Lot 1-1 W 170' OF 296 Davis Ave; 1013307020; $64,200; $69,260.00; Farm Add 2880-2882 Central Ave; $5,060.00; $5,060.00 1013156002; $88,100; $90,565.17; $2,465.17; Schromen, Eldon L & Mildred; W 170'-280 $2,465.17 Davis Farm Add; 1013308007; $101,600; Fuller, Raymond M; W 85' OF W 170' OF $104,065.17; $2,465.17; $2,465.17 Lot 297 Davis Farm Add; 1013152014; Brimeyer, Randall J; Lot 257 Davis Farm $74,300; $76,765.17; $2,465.17; $2,465.17 Add; 1013307017; $46,200; $51,260.00; Kernall, Kris D & Mary K; N 30' OF W 170' $5,060.00; $5,060.00 OF Lot 298 Davis Farm Add; 1013152012; Wlochal, Dale G & Linda Ann; Lot 258 Da-$63,300; $65,765.17; $2,465.17; $2,465.17 vis Farm Add; 1013307016; $61,900; Holy Ghost Church; Lot 2-3 & 4-2 McDa- $66,960.00; $5,060.00; $5,060.00 niels Park Hill Lots 4,5,6,6A,7,8,1-9 ALL IN GR Weiner, Joseph J & Catalina C; S 1/2-W West Dub; 1013155002; $1,143,750; 170'-281 Davis Farm; 1013308006; $76,090; $1,149,750.00; $6,000.00; $6,000.00 $78,555.17; $2,465.17; $2,465.17 Gateways to Home; S 1/2 OF W 170' of O'Brien, Raymond C & Mary; N 1/2 - W 301 Davis Farm Add; 1013152009; $66,600; 170'-281 Davis Farm Add; 1013308005; $69,065.17; $2,465.17; $2,465.17 $58,020; $60,485.17; $2,465.17; $2,465.17 Henkels, Francis Wm; S 1/2 OF W 170' OF Jaeger, Theodore L. & Agnese L.; W 170'-Lot 302 DAVIS FARM ADD; 1013152007; 1-282, & W 170'-S 1/2 of 283 Davis Farm Add; $95,000; $97,465.17; $2,465.17; $2,465.17 1013308003; $79,200; $81,665.17; $2,465.17; Vonhollen, Herbert C & Verna; N 1/2 OF W $2,465.17 170' OF Lot 302 Davis Farm Add; Koster, Randall J. & Susan M.; Lot 262 1013152006; $67,300; $69,765.17; $2,465.17; Davis Farm Add; 1013307012; $82,100; $2,465.17 $87,160.00; $5,060.00; $5,060.00 Otting, Jasen & Tracy; Lot 13 G R Wests Barger, Shauntae D; S 23.5' of E 112' of Add; 1014232030; $83,000; $88,060.00; Lot 263 Davis Farm Add; 1013160002; $5,060.00; $5,060.00 $55,700; $60,760.00; $5,060.00; $5,060.00 Staver, Christopher T; Lot 2 OF Lot 308 Wittman, Marlin L & Fonda F; W 84'-W Davis Farm; 1013151006; $10,600; 170'-287 Davis Farm; 1013156015; $74,900; $13,065.17; $2,465.17; $2,465.17 $77,365.17; $2,465.17; $2,465.17 Schroeder, Richard J & Lois J; Lot 14 G R Tittle, Robert G & Mary L; S 1/2-W 170'-Wests Dub Add; 1014232029; $50,600; 288 Davis Farm; 1013156014; $51,400; $55,660.00; $5,060.00; $5,060.00 $53,865.17; $2,465.17; $2,465.17 Hartzell, Craig H & Rose A; W 170' OF Lot Schmitt, Darlene M & Willis C; Lot 2-265 309 Davis Farm; 1013151002; $145,200; DAVIS Farm Add; 1013155012; $72,900; $147,665.17; $2,465.17; $2,465.17 $77,960.00; $5,060.00; $5,060.00 Duggan, Dustan J; W 170' OF Lot 310 Da- Sarris - Matheos, Debbie S. & Michael; Lot vis Farm Add; 1013151001; $128,300; 2-W 170' - 290 Davis Farm; 1013156010; $130,765.17; $2,465.17; $2,465.17 $81,900; $84,365.17; $2,465.17; $2,465.17 Lewin, Jennifer L; Lot 16 G R Wests Add; Maus, Richard A & Neva M; N 1/2-W 170'-1014232027; $96,200; $101,260.00; 291 Davis Farm; 1013156008; $68,700; $5,060.00; $5,060.00 $71,165.17; $2,465.17; $2,465.17 Miller, Franklin W Jr. & Sheree; W 170' OF Dietz, Donald J & Susan M; S 39'6" OF Lot Lot 312 Davis Farm; 1014233015; $113,800; 2 G R West's Dubuque; 1013155007; $60,100; $116,265.17; $2,465.17; $2,465.17 $65,160.00; $5,060.00; $5,060.00 Eisbach, Dorothy; W 85' OF W 170' OF Lot Pothoff, Alvin J & Kathryn E &; N 20.5' OF 313 Davis Farm Add; 1014233011; $82,700; Lot 2 & S 3' OF Lot 3 G R West's Add; $85,165.17; $2,465.17; $2,465.17 1013155006; $58,700; $63,760.00; $5,060.00; Herrig, John W & Sally Jo; Lot 17 G R $5,060.00 Wests Add; 1014232026; $20,700; Pothoff, Alvin J & Kathie E &; Lot 2 OF N $25,760.00; $5,060.00; $5,060.00 57' OF Lot 3 IN G R Wests Add; 1013155005; Herrig, John W & Sally Jo; Lot 18 G R $49,700; $54,760.00; $5,060.00; $5,060.00 Wests Add; 1014232025; $111,100; Lyle, Robin M; Lot 1-W 170'-292 Davis $116,160.00; $5,060.00; $5,060.00 Farm; 1013156020; $73,800; $78,860.00; Stiles, Jeff Johnston; W 100' OF N 50' OF $5,060.00; $5,060.00 W 170' OF Lot 315 Davis Farm Add; 230 Regular Session, July 6, 2010 Book 140 1014233009; $71,900; $74,365.17; $2,465.17; will be assessed against property lying with the $2,465.17 assessment limits. Stierman, Tinya M; W 170' OF Lot 316 Da-The above resolution was introduced, ap- vis Farm Add; 1014233008; $74,900; proved and ordered placed on file with the City th $77,365.17; $2,465.17; $2,465.17 Clerk this 6 day of July, 2010. Lau, Brian A; W 170' of Lot 317 Davis Roy D. Buol, Mayor Farm; 1014233007; $116,330; $118,795.17; Attest: Jeanne F. Schneider, CMC, City Clerk $2,465.17; $2,465.17 Brennan, Michael & Knockel,; Lot 22 AND US 52 Traffic Flow Enhancement Project: S 45' OF Lot 23 IN G R Wests Add; City Manager recommending initiation of the 1014232021; $115,400; $125,520.00; public bidding process for the US 52 Traffic $10,120.00; $10,120.00 Flow Enhancement Project and that a public Hohl, Theodore R & Muriel; Lot 1 Kretz hearing be set for July 19, 2010 to consider Corner; 1014233018; $445,500; $447,965.17; approval of the plans and specifications, form $2,465.17; $2,465.17 of contract and estimated cost. Upon motion TOTALS; $432,305.03; $8,435.00; the documents were received and filed and $423,870.03 Resolution No. 236-10 Preliminary approval of plans, specifications, form of contract, and RESOLUTION NO. 235-10 estimated cost, setting date of public hearing RESOLUTION OF NECESSITY FOR THE and ordering bids for the US 52 Traffic Flow ST CENTRAL AVENUE WATER MAIN (21 – Enhancement Project was adopted setting a ND 32 STREET) PROJECT public hearing for a meeting to commence at Whereas, the plat, schedule of assess-6:30 p.m. on July 19, 2010 in the Historic Fed- ments, and estimate of total cost for the Cen-eral Building. stnd tral Avenue Water Main (21 – 32 Street) RESOLUTION NO. 236-10 Project have been duly prepared and ap- US 52 TRAFFIC FLOW proved by the City Council of the City of Dubu- ENHANCEMENT PROJECT que and ordered placed on file in the office of PRELIMINARY APPROVAL OF PLANS, City Clerk. 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 Replacement of 9 fire hydrants, 36 wa- ­ ESTIMATED COST; AND ORDERING THE ter valves, 21 tees, 2,865 feet of exist- ADVERTISEMENT FOR BIDS ing lead service lines with ¾-inch cop- per and 104 water service stop boxes. NOW THEREFORE, BE IT RESOLVED Replacement of 1,686 square yards of BY THE CITY COUNCIL OF THE CITY OF ­ existing pavement. 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 US 52 Traf- a preliminary plat and schedule showing the fic Flow Enhancement Project, in the esti- amount proposed to be assessed to each lot mated amount $1,251,092.00, are hereby pre- for the improvement. liminarily approved and ordered filed in the The date, time, and place the council will office of the City Clerk for public inspection. th hear property owners subject to the assess-A public hearing will be held on the 19 ment and interested parties for or against the day of July, 2010 at 6:30 p.m. in the Historic improvement, its cost, the assessment, or the Federal Building Council Chambers at which boundaries of the district. time interested persons may appear and be The City Council deems it advisable and heard for or against the proposed plans and necessary for the public welfare to make the specifications, form of contract and estimated herein mentioned improvements. cost of said Project, and the City Clerk be and Unless a property owner files objections is hereby directed to cause the attached notice with the City Clerk at the time of hearing on the of the time and place of such hearing to be resolution of necessity, the property owner is published in a newspaper having general cir- deemed to have waived all objections pertain-culation in the City of Dubuque, Iowa, which ing to the regularity of the proceeding and the notice shall be published not less than four legality of using the special assessment pro-days nor more than twenty days prior to the cedure. date of such hearing. At the hearing, any inter- Said improvements shall be constructed in ested person may appear and file objections to accordance with the plans and specifications the proposed plans, specifications, form of which have been approved by the City Council contract, or estimated cost of the Project. and are now on file in the Office of the City Clerk. The cost of making such improvement Book 140 Regular Session, July 6, 2010 231 The US 52 Traffic Flow Enhancement preference to have a land-based dock-side Project is hereby ordered to be advertised for building. Assistant City Engineer Bob Schiesl bids for construction. stated that discussions with the museum are The amount of the security to accompany on-going regarding the issues Mr. Enzler each bid shall be in an amount which shall raised. Schiesl clarified that the grant funding conform to the provisions of the Notice to Bid-requires a minimum of 68 slips and the layout ders hereby approved. provides for 70 with one reserved for a fire The City Clerk is hereby directed to adver-boat. Changing the location from the main tise for bids for the construction of the im-channel to the Ice Harbor does not jeopardize provements herein provided, by publishing the the Tier 2 grant funding. The current layout attached Notice to Bidders to be published in a accommodates harbor users, minimum slip newspaper having general circulation in the requirements and does not encroach into the City of Dubuque, Iowa, which notice shall be harbor. Property owners have been positive published not less than four but not more than about the project. A cost and maintenance forty-five days before the date for filing bids projection can be developed as the project th before 2:00 p.m. on the 27 day of July, 2010. progresses. Project bid is anticipated in late Bids shall be opened and read by the City fall beginning with the construction of the land Clerk at said time and will be submitted to the building. Docks will be fabricated offsite during City Council for final action at 6:30 p.m. on the the winter months and assembled and in- nd 2 day of August, 2010, in the Historic Federal stalled onsite in spring 2011. Grant funding Building Council Chambers (second floor), 350 requires docks built for boats 26 feet in length th West 6 Street, Dubuque, Iowa. or larger, but doesn’t prohibit access for ca- th Passed, adopted and approved this 6 day noes and kayaks. Motion carried 5-1 with Braig of July, 2010. voting nay. Roy D. Buol, Mayor RESOLUTION NO. 237-10 Attest: Jeanne F. Schneider, CMC, City Clerk APPROVING THE ICE HARBOR AS THE BOARDS/COMMISSIONS SELECTED LOCATION FOR THE PORT OF DUBUQUE RIVERFRONT MARINA PROJECT Applicants were invited to address the City Council regarding their desire to serve on the Whereas, the City Council of the City of following Boards/Commissions: Building Code Dubuque, Iowa, has been provided information Board of Appeals: Two 3-year terms through on the site location alternatives for the Port of August 1, 2013 (Terms of Schwendinger and Dubuque Riverfront Marina Project (the Kolf) Journeyman / Carpenter and Architect / Project); and Engineer requirements. Applicants: James Whereas, the City Council concurred that Kolf, 2342 Matthew John Drive (Architect / the Ice Harbor location is the most economi- Engineer); and John Schwendinger, 800 Kelly cally viable, preferred alternate location for the Lane (Journeyman / Carpenter). Mr. Kolf Port of Dubuque Riverfront Marina Project; spoke in support of his re-appointment. and Whereas, the City Council approved the PUBLIC HEARINGS proposed configuration which will provide for a minimum net total of 68 transient slips with Upon motion the rules were suspended al-incorporated amenities; and lowing anyone present to address the City Whereas, the City has received environ- Council. mental clearance from the Iowa Department of Natural Resources and the United States Fish Riverfront Marina – Ice Harbor Location: & Wildlife Service for the Ice Harbor site loca- Proof of publication on notice of public hearing tion for the Project. to consider the Riverfront Marina – Ice Harbor NOW, THEREFORE, BE IT RESOLVED location and City Manager recommending ap-BY THE CITY COUNCIL OF THE CITY OF proval. Motion by Jones to receive and file the DUBUQUE, IOWA: documents and adopt Resolution No. 237-10 Section 1. That the City Council approves Approving the Ice Harbor as the selected loca-the Port of Dubuque Riverfront Marina Project tion for the Port of Dubuque Riverfront Marina - Ice Harbor location and hereby authorizes Project. Seconded by Connors. Mona Wood-staff to proceed with final design and the de- ward, 13895 Barrington Drive, spoke in favor velopment of construction documents. th of the project. Jerry Schollmeyer, 14292 Green Passed, approved and adopted this 6 day Hill Drive, spoke in favor of the project. Braig of July, 2010. questioned the concerns raised by Mississippi Roy D. Buol, Mayor River Museum Executive Director Jerry Enzler. Attest: Jeanne F. Schneider, CMC, City Clerk Responding to questions from City Council, Van Milligen stated that it is the City’s strong 232 Regular Session, July 6, 2010 Book 140 Dubuque County Lease: Proof of publica-yet been determined but will be reviewed. Mo- tion on notice of public hearing to consider a tion carried 6-0. proposed five year lease with Dubuque County RESOLUTION NO. 239-10 for space in the Historic Federal Building and DISPOSING OF REAL PROPERTY BY RE- City Manager recommending approval. Motion VISING, RESTATING AND VACATING VAR- by Jones to receive and file the documents IOUS EASEMENTS RELATING TO THE and adopt Resolution No. 238-10 Disposing of WASHINGTON STREET ROWHOUSES an interest in real property owned by the City PROJECT OVER PORTIONS OF LOTS 90 of Dubuque by lease between the City of Du- AND 91 IN THE CITY OF DUBUQUE, IOWA buque and Dubuque County. Seconded by Lynch. Motion carried 6-0. Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- RESOLUTION NO. 238-10 lished in the Telegraph Herald, a newspaper of APPROVING THE DISPOSAL OF AN general circulation published in the City of Du- th INTEREST IN REAL PROPERTY OWNED BY buque, Iowa, on the 25 day of June, 2010 THE CITY OF DUBUQUE BY LEASE the City Council of the City of Dubuque, Iowa, th BETWEEN THE CITY OF DUBUQUE, IOWA, met on the 6 day of July, 2010 at 6:30 p.m. in AND DUBUQUE COUNTY the Historic Federal Building Council Cham- th Whereas, the City of Dubuque, Iowa (City), bers (second floor), 350 West 6 Street, Du- owns the real property described as the Historic buque, Dubuque County, Iowa, to consider the th Federal Building, located at 350 West 6 proposal for an Easement Agreement relating Street in the City of Dubuque, Iowa; and to portions of Lots 90 and 91 in East Dubuque Whereas, City and Dubuque County have Addition in the City of Dubuque, Iowa, as set negotiated a 5-year Lease Agreement for space forth in Exhibit A attached hereto; and in the Historic Federal Building, a copy of which Whereas, the City Council of the City of Lease Agreement is on file at the office of the Dubuque, Iowa, overruled any and all objec- th City Clerk, City Hall, 13 and Central Avenue, tions, oral or written to this proposal to dispose Dubuque, Iowa; and of an interest of the City of Dubuque, Iowa, in Whereas, the City Council believes it is in the described real estate. the best interests of the City of Dubuque to NOW THEREFORE, BE IT RESOLVED approve the Lease Agreement. BY THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the Easement Agreement DUBUQUE, IOWA: attached hereto as Exhibit A is hereby ap- Section 1. The Lease Agreement between proved. City and Dubuque County is hereby approved Section 2. That the Mayor be authorized and the City Manager is authorized to execute and directed to execute said Easement said lease on behalf of the City of Dubuque. Agreement attached hereto as Exhibit A, and th Passed, approved and adopted this 6 day the City Clerk be and is hereby authorized and of July, 2010. directed to record said Easement Agreement Roy D. Buol, Mayor in the Office of the Dubuque County Recorder Attest: Jeanne F. Schneider, CMC, City Clerk upon execution by all parties. Section 3. That the City Clerk be and is he- Easement Agreement for Washington Row reby authorized and directed to record a certi- Houses Project: Proof of publication on notice fied copy of this resolution in the offices of the of public hearing to consider the disposition of City Assessor, Dubuque County Recorder and real property owned by the City in the form of Dubuque County Auditor. th an easement agreement for common uses of Passed, approved and adopted this 6 day property at the “Washington Row Houses” of July, 2010. located at 1765 – 1795 Washington Street and Roy D. Buol, Mayor th 260 East 18 Street and City Manager re-Attest: Jeanne F. Schneider, CMC, City Clerk commending approval. Motion by Connors to receive and file the documents and adopt IA 32 and Asbury Road Turn Lane Im- Resolution No. 239-10 Disposing of real prop-provements Project: Proof of publication on erty by revising, restating and vacating various notice of public hearing to consider the plans easements related to the Washington Street and specifications, form of contract and esti- Row Houses Projectover portions of Lots 90 mated cost for the IA 32 and Asbury Road and 91 in the City of Dubuque. Seconded by Turn Lane Improvements Project and City Resnick. Responding to questions from City Manager recommending approval. Motion by Council, Community Development Specialist Lynch to receive and file the documents and Aggie Tauke stated that rain water roof runoff adopt Resolution No. 240-10 Approving plans, would be drained directly into the storm sewer specifications, form of contract, and estimated and that the use of pervious surfaces has not cost for the IA 32 and Asbury Road Turn Lane Book 140 Regular Session, July 6, 2010 233 Improvements Project. Seconded by Jones. NOW THEREFORE, BE IT RESOLVED Motion carried 6-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 240-10 The proposed plans, specifications, form of APPROVAL OF PLANS, SPECIFICATIONS, contract and estimated cost for the Sunset FORM OF CONTRACT, AND ESTIMATED Ridge Reconstruction Project, in the estimated COST FOR THE IA 32 AND ASBURY ROAD amount $1,548,102.82, are hereby preliminari- TURN LANE IMPROVEMENTS PROJECT, ly approved and ordered filed in the office of IOWA DOT PROJECT NO. STP-32-1(30)--2C- the City Clerk for public inspection. th 31 A public hearing will be held on the 19 NOW THEREFORE, BE IT RESOLVED day of July, 2010 at 6:30 p.m. in the Historic BY THE CITY COUNCIL OF THE CITY OF Federal Building Council Chambers at which DUBUQUE, IOWA: time interested persons may appear and be That the proposed plans, specifications, heard for or against the proposed plans and form of contract and estimated cost for the IA specifications, form of contract and estimated 32 and Asbury Road Turn Lane Improvements cost of said Project, and the City Clerk be and Project, Iowa DOT Project No. STP-32-1(30)--is hereby directed to cause the attached notice 2C-31, in the estimated amount $670,700.00, of the time and place of such hearing to be are hereby approved. published in a newspaper having general cir- th Passed, adopted and approved this 6 day culation in the City of Dubuque, Iowa, which of July, 2010. 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 Upon motion the rules were reinstated li-the proposed plans, specifications, form of miting discussion to the City Council. contract, or estimated cost of the Project. The Sunset Ridge Reconstruction Project ACTION ITEMS is hereby ordered to be advertised for bids for construction. Sunset Ridge Reconstruction Project: City The amount of the security to accompany Manager recommending initiation of the public each bid shall be in an amount which shall bidding process and preliminary approval of conform to the provisions of the Notice to Bid- the plans and specifications, form of contract ders hereby approved. and estimated cost for the Sunset Ridge Re-The City Clerk is hereby directed to adver- construction Project and that a public hearing tise for bids for the construction of the im- be set for July 19, 2010 to consider final ap-provements herein provided, by publishing the proval of the plans and specifications, form of attached Notice to Bidders to be published in a contract and estimated cost. Motion by Braig newspaper having general circulation in the to receive and file the documents and adopt City of Dubuque, Iowa, which notice shall be Resolution No. 241-10 Preliminary approval of published not less than four but not more than plans, specifications, form of contract, and forty-five days before the date for filing bids nd estimated cost, setting date of public hearing before 2:00 p.m. on the 22 day of July, 2010. and ordering bids for the Sunset Ridge Recon-Bids shall be opened and read by the City struction Project; Resolution No. 242-10 Ap-Clerk at said time and will be submitted to the proving the plat, schedule of assessments and City Council for final action at 6:30 p.m. on the nd estimate of total cost and setting date of public 2 day of August, 2010 in the Historic Federal hearing on Resolution of Necessity; and Reso-Building Council Chambers (second floor), 350 th lution No. 243-10 Resolution of Necessity for West 6 Street, Dubuque, Iowa. th the Sunset Ridge Reconstruction Project set-Passed, adopted and approved this 6 day ting a public hearing for a meeting to com-of July, 2010. mence at 6:30 p.m. on July 19, 2010 in the Roy D. Buol, Mayor Historic Federal Building. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 241-10 RESOLUTION NO. 242-10 SUNSET RIDGE SUNSET RIDGE RECONSTRUCTION PROJECT RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, APPROVING THE PLAT, SCHEDULE OF SPECIFICATIONS, FORM OF CONTRACT, ASSESSMENTS AND ESTIMATE OF TOTAL AND ESTIMATED COST; SETTING DATE COST AND SETTING DATE OF PUBLIC OF PUBLIC HEARING ON PLANS, SPECI-HEARING ON RESOLUTION OF NECESSI- FICATIONS, FORM OF CONTRACT, AND TY ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS 234 Regular Session, July 6, 2010 Book 140 Whereas, the proposed Resolution of Ne-ERAL COST; CONCRETE SIDEWALK COST; cessity for the Project has been introduced for TOTAL NET ASSESSMENT: the Project. Nemmers, Genevieve F.; Lot 1-29 & 2-28 NOW THEREFORE,BE IT RESOLVED Sunset Ridge Sub; 10 35 252 001; BY THE CITY COUNCIL OF THE CITY OF $335,137.98; $4,207.46; $0.00; $4,207.46; DUBUQUE, IOWA: $20,930.52; $0.00; $25,137.98 The attached plat, schedule of assess-Koopmann, Leonard & Jody Scott Koop- ments, and estimate of total cost for the Sun-mann; Lot 1-1-2 ML 129 & Lot 2-1 Sunset set Ridge Reconstruction Project and the pro-Ridge; 10 35 179 003; $425,748.38; posed Resolution of Necessity are hereby ap-$1,148.90; $0.00; $1,148.90; $26,199.48; proved and ordered placed on file in the Office $0.00; $27,348.38 of the City Clerk. Wagner, Hubert & Elma N.; Lot 1-1 Sunset th The City Council will meet on the 19 day Ridge Sub; 10 35 251 001; $386,326.13; of July, 2010, at 6:30 p.m. at the Historic Fed-$4,357.69; $0.00; $4,357.69; $20,759.48; eral Building Council Chambers (second floor), $4,208.96; $29,326.13 th 350 West 6 Street, Dubuque, Iowa, at which Scott, Michael H. & Nicola M.; Lot 2 Sunset time the owners of property subject to as-Ridge & Lot 2-1-2 ML 129; 10 35 179 004; sessment for the proposed improvement or $370,353.13; $3,308.54; $0.00; $3,308.54; any other person having an interest in the mat-$20,659.67; $1,784.92; $25,753.13 ter may appear and be heard for or against the Schmitz, Margaret B. Trustee; Lots 27, 1- making of the improvement, the boundaries of 28 & 2-29 Sunset Ridge Sub; 10 35 252 003; the district, the cost, the assessment against $354,574.75; $6,125.01; $0.00; $6,125.01; any lot, or the final adoption of a resolution of $918.39; $25,031.35; $0.00; $32,074.75 necessity. Wahlert, Susan L. Trustee Revocable Tr.; A property owner will be deemed to have Sunset Ridge No 2 Lots 2-2 & 2-1 Both of ML waived all objections unless at the time of 129; 10 35 179 010; $596,853.39; $6,366.36; hearing the property owner has filed objections $0.00; $6,366.36; $21,790.10; $3,496.93; with the City Clerk. $31,653.39 The City Clerk be and is hereby authorized Obbink, Bruce A. & Kristi R.; Lot 26 Sunset and directed to cause the attached notice of Ridge Sub; 10 35 252 004; $488,398.21; the time and place of such hearing to be pub-$3,183.18; $0.00; $3,183.18; $22,805.03; lished in a newspaper having general circula-$0.00; $25,988.21 tion in the City of Dubuque, Iowa, which notice Mohr, Matthew D. & Jennifer M.; Lot 25 shall be published once each week for two Sunset Ridge Sub; 10 35 252 005; consecutive weeks, the first publication of $358,453.66; $3,183.18; $0.00; $3,183.18; which shall be not less than ten days prior to $918.39; $21,152.09; $0.00; $25,253.66 the day fixed for its consideration. Eddy, Jeffrey W. & Charlene A.; Lot 2-1-1 th Passed, approved and adopted this 6 day ML 129 & Lot 5 Sunset Ridge; 10 35 179 007; of July, 2010. $301,127.38; $3,220.62; $0.00; $3,220.62; Roy D. Buol, Mayor $22,218.61; $1,488.15; $26,927.38 Attest: Jeanne F. Schneider, CMC, City Clerk De Long, Myra E.; Lot 24 Sunset Ridge Sub; 10 35 252 006; $416,310.08; $3,213.97; CITY OF DUBUQUE, IOWA $0.00; $3,213.97; $24,596.11; $0.00; SUNSET RIDGE RECONSTRUCTION $27,810.08 PROJECT Kennedy, James G. & Frances D.; Lot 6 PRELIMINARY SCHEDULE OF VALUATION Sunset Ridge & Lot 1-1-1 ML 129; 10 35 179 AND PROPOSED ASSESSMENTS 008; $442,653.97; $3,476.25; $0.00; DATE: July 6, 2010 $3,476.25; $27,248.31; $2,729.41; $33,453.97 The following schedule is hereby deter-Kreiss, Jon N. & Molly A.; Lot 22 & S 20' mined to show each lot proposed to be as-Lot 23 Sunset Ridge Sub; 10 35 252 008; sessed for the improvement shown in the title $347,728.48; $3,886.31; $0.00; $3,886.31; together with the amount proposed to be as-$21,142.17; $0.00; $25,028.48 sessed against each lot and the valuations Roling, Benjamin M.; Lot 21 Sunset Ridge shown opposite each lot are hereby fixed as Sub; 10 35 252 009; $343,231.32; $3,241.80; the true valuations of such lots by the City $0.00; $3,241.80; $19,989.52; $0.00; Council of the City of Dubuque. $23,231.32 PROPERTY OWNER NAME; LOT DE-Conlon, Stephen D.; Lot 1 Sunset Ridge SCRIPTION; PARCEL NUMBER; VALUA-#4; 10 35 251 005; $785,086.34; $9,074.96; TION WITH IMPROVEMENT; NET PAVING $0.00; $9,074.96; $23,580.73; $5,630.65; IMPROVEMENT COST; NET PAVING IM-$38,286.34 PROVEMENT DEFICIENCY; TOTAL PUBLIC Richardson, James R.; Lot 1 Sunset Ridge IMPROVEMENT COST; WATER SERVICE #3; 10 35 252 012; $353,535.13; $3,260.76; COSTS; SANITARY SEWER PRIVATE LAT- Book 140 Regular Session, July 6, 2010 235 RESOLUTION NO. 243-10 $0.00; $3,260.76; $24,274.37; $0.00; RESOLUTION OF NECESSITY FOR THE $27,535.13 SUNSET RIDGE RECONSTRUCTION Their, Tony A. & Anna K.; Lot 2 Sunset PROJECT Ridge #3 & N 1/2 Lot 18 Sunset Ridge; 10 35 252 014; $295,345.26; $5,023.64; $0.00; Whereas, the plat, schedule of assess- $5,023.64; $918.39; $19,653.23; $0.00; ments, and estimate of total cost for the Sun- $25,595.26 set Ridge Reconstruction Project have been Kalb, Andrew E. & Conlon, Rebecca E.; duly prepared and approved by the City Coun- Lot 1 Sunset Ridge #5; 10 35 251 006; cil of the City of Dubuque and ordered placed $411,222.65; $5,622.10; $0.00; $5,622.10; on file in the office of City Clerk. $23,364.48; $3,436.07; $32,422.65 NOW THEREFORE, BE IT RESOLVED McNamara, Timothy J.; S 1/2 Lot 18 Sun-BY THE CITY COUNCIL OF THE CITY OF set Ridge; 10 35 402 002; $253,981.29; DUBUQUE, IOWA: $1,594.18; $0.00; $1,594.18; $918.39; Sunset Ridge Reconstruction Project – $16,668.72; $0.00; $19,181.29 Wartburg Place to the End Wertheimer, Mark & Barbara R.; Lots 13, There is on file in the office of the City 1-1-14, 2-12 All in Sunset Ridge; 10 35 401 Clerk an estimated total cost of the work, and 002; $553,781.04; $4,486.74; $0.00; a preliminary plat and schedule showing the $4,486.74; $19,107.02; $2,087.28; $25,681.04 amount proposed to be assessed to each lot Heitzman, Wesley W. & Harriet; Lot 1-15 for the improvement. Sunset Ridge; 10 35 402 005; $280,484.15; The date, time, and place the council will $4,361.14; $0.00; $4,361.14; $918.39; hear property owners subject to the assess- $21,804.62; $0.00; $27,084.15 ment and interested parties for or against the Woodward, Thomas N. & Charlice L.; Lot 2 improvement, its cost, the assessment, or the Faldorf Place (4.6 Ac) & Lots 2-14 & 2-15 boundaries of the district: Sunset Ridge; 10 35 402 009; $555,436.91; The City Council deems it advisable and $8,975.46; $0.00; $8,975.46; $22,993.51; necessary for the public welfare to make the $767.94; $32,736.91 herein mentioned improvements. Smith, Peter L. & Susan M.; Lot 2-14 Sun-Unless a property owner files objections set Ridge; 10 35 401 003; $264,636.56; with the City Clerk at the time of hearing on the $3,630.92; $0.00; $3,630.92; $17,734.28; resolution of necessity, the property owner is $1,971.36; $23,336.56 deemed to have waived all objections pertain- Kennedy, James G. & Frances D.; Lot 2-7 ing to the regularity of the proceeding and the Sunset Ridge Sub; 10 35 251 002; legality of using the special assessment pro- $28,025.39; $1,501.57; $0.00; $1,501.57; cedure. $0.00; $0.00; $1,501.57 Said improvements shall be constructed in De Long, Myra E.; N 80' or Bal Lot 23 Sun-accordance with the plans and specifications set Ridge Sub; 10 35 252 007; $66,534.67; which have been approved by the City Council $2,566.00; $0.00; $2,566.00; $3,068.67; and are now on file in the Office of the City $0.00; $5,634.67 Clerk. The cost of making such improvement Conlon, Stephen D.; Lot 2 Sunset Ridge will be assessed against property lying within #5; 10 35 401 005; $78,230.04; $2,534.97; the assessment limits. $0.00; $2,534.97; $1,442.10; $0.00; The above resolution was introduced, ap- $1,724.70; $5,701.77 proved and ordered placed on file with the City th McNamara, Timothy J.; Lot 17 Sunset Clerk this 6 day of July, 2010. Ridge; 10 35 402 003; $35,174.85; $3,193.77; Roy D. Buol, Mayor $0.00; $3,193.77; $918.39; $3,762.69; $0.00; Attest: Jeanne F. Schneider, CMC, City Clerk $7,874.85 McNamara, Timothy J.; Lot 16 Sunset Vacating Petition – Portion of Cox Street: Ridge; 10 35 402 004; $50,885.30; $3,190.82; City Manager recommending that a public $0.00; $3,190.82; $9,394.48; $0.00; hearing be set for August 2, 2010 to consider a $12,585.30 request from Loras College President Jim Col- Wartburg Theological Seminary; Lot 1-1 & lins to vacate and purchase a portion of Cox 2-1 both of ML 132; 10 35 128 006; Street. $991,612.88; $0.00; $0.00; $0.00; $0.00; Communication from James E. Collins, $1,092.88; $1,092.88 President – Loras College, regarding the pro- Conlon, Christine; "All" McDonald Wart-posal to vacate and purchase a portion of Cox burg Place; 10 35 201 007; $737,616.35; Street. $0.00; $0.00; $0.00; $31,316.35; $0.00; Communication from Tom Hoelscher in $31,316.35 opposition to the vacating and sale of a portion TOTALS =; $107,936.29; $6,952.44; of Cox Street to Loras College. $531,245.59; $30,419.25; $676,553.56 Motion by Lynch to receive and file the documents and adopt Resolution No. 244-10 236 Regular Session, July 6, 2010 Book 140 th Resolution of intent to vacate and dispose of Street from Loras Boulevard to West 17 City interest in Lot 1A of City Lot 741 in the Street shall become the responsibility of Loras City of Dubuque, Dubuque County, Iowa, set-College on the date of the resolution approving ting a public hearing for a meeting to com-the disposal of said Lot 1A. mence at 6:30 p.m. on August 2, 2010 in the 3. Loras College shall agree that an access Historic Federal Building. Seconded by Con-corridor shall remain open at all times to func- nors. Resnick stated his concerns regarding tion as a Fire Apparatus Access Road, as the effect of traffic on the existing retaining classified by the International Fire Code, with a wall, asked what can be done to improve win-minimum roadway width of 24 feet at all times. ter conditions on Alta Vista and Cornell 4. Loras College shall agree that the corri- Streets, student and resident safety, and dor shall remain open for utility service ve- emergency vehicle response time. Jones hicles for construction and maintenance of stated that the alternative routes should be existing or new utilities. improved and made safer if the City considers Section 2. That the City Clerk be and is he- this request. Motion carried 6-0.reby authorized and directed to cause a notice of intent to vacate and dispose of said real RESOLUTION NO. 244-10 estate to be published in the manner as pre- RESOLUTION OF INTENT TO VACATE AND scribed by law. th DISPOSE OF CITY INTEREST IN LOT 1A OF Passed, approved and adopted this 6 day CITY LOT 741 IN THE CITY OF DUBUQUE, of July, 2010. DUBUQUE COUNTY, IOWA Roy D. Buol, Mayor Whereas, Loras College has requested the Attest: Jeanne F. Schneider, CMC, City Clerk vacating and disposal of a portion of Cox th Street from Loras Boulevard to West 17 Harvest View Estates Sixth Addition: City Street; and Manager recommending approval of the final Whereas, IIW Engineers & Surveyors, PC, plat of Harvest View Estates Sixth Addition. has prepared and submitted to the City Coun-Motion by Connors to receive and file the doc- cil a plat showing the vacated portion of Cox uments and adopt Resolution No. 245-10 Ap- th Street from Loras Boulevard to West 17 proving the final plat of Harvest View Estates Street and assigned a lot number thereto, Sixth Addition in the City of Dubuque. which hereinafter shall be known and de-Seconded by Jones. Motion carried 6-0. scribed as Lot 1A of City Lot 741 in the City of RESOLUTION NO. 245-10 Dubuque, Dubuque County, Iowa, should be APPROVING FINAL PLAT OF HARVEST approved. VIEW ESTATES SIXTH ADDITION IN THE NOW THEREFORE, BE IT RESOLVED CITY OF DUBUQUE, IOWA BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, there has been filed with the City Section 1. That the City of Dubuque in-Clerk a Final Plat of Harvest View Estates tends to vacate and dispose of its interest in Sixth Addition in the City of Dubuque, Iowa; Lot 1A of City Lot 741 in the City of Dubuque, and Dubuque County, Iowa. Whereas, upon said final plat appears a Section 2. The City of Dubuque reserves street to be known as Millstone Drive (Lot A) unto itself a perpetual easement including the together with certain public utility, storm sewer right to ingress and egress thereto, for the and water main easements, which the owner purpose of erecting, installing, constructing, by said final plat has dedicated to the public reconstructing, repairing, owning, operating, forever; and and maintaining water, sewer, drainage, fiber Whereas, the preliminary plat has been optics, gas, telephone, television cable, and examined by the Zoning Advisory Commission electric lines as may be authorized by the City and had its approval endorsed thereon; and of Dubuque, Iowa, as show on the Plat of Sur-Whereas, said final plat has been reviewed vey of Lot 1A of City Lot 741 in the City of Du-by the City Planner and had her approval en- buque, Dubuque County, Iowa. dorsed thereon; subject to the owner’s agree- Section 3. That the conveyance of Lot 1A ing to the conditions noted in Section 3 below; of City Lot 741 in the City of Dubuque, Dubu-and que County, Iowa, to Loras College shall be Whereas, said final plat has been ex- contingent upon the following conditions: amined by the City Council and they find that it 1. Payment by Loras College of conforms to the statutes and ordinances relat- $50,000.00, plus platting, publication, and filing ing to it, except that streets and public utilities fees. have not yet been completely constructed or 2. Loras College shall agree that the con-installed. struction, reconstruction, repair and mainten-NOW THEREFORE, BE IT RESOLVED ance of the street, sanitary sewer, retaining BY THE CITY COUNCIL OF THE CITY OF walls, and watermain on the portion of Cox DUBUQUE, IOWA: Book 140 Regular Session, July 6, 2010 237 Section 1. That the dedication of Millstone providing guarantees in such form Drive (Lot A) and the easements for public and with such sureties as may be ac- utilities, storm sewer and water mains, as they ceptable to the City Manager of the appear on said final plat, be and the same are City of Dubuque, Iowa. hereby accepted. Section 3. Sidewalk installation shall be the Section 2. That the Final Plat of Harvest responsibility of the owner abutting the public View Estates Sixth Addition is hereby ap-rights-of-way, including lots with multiple fron- proved by the Mayor and City Clerk are hereby tages, as required by City Code 10-1-2. authorized and directed to endorse the ap-Section 4. The maintenance expenses in- proval of the City of Dubuque, Iowa, upon said curred by the City of Dubuque for the storm final plat, provided the owners of said property water detention facility on Lot A Harvest View herein named, execute their written accep-Estates First Addition shall be assessed tance hereto attached agreeing: against the lot owners of all additions in Harv- (a) To reduce Millstone Drive (Lot est View Estates as indicated in the prelimi- A) to grade and to construct longitu-nary plat, in equal amounts, and the City Man- dinal sub-drain, concrete curb and ager shall certify such costs to the City Clerk, gutter with hot mix asphaltic concrete, who in turn shall promptly certify such costs to or concrete paving with integral curb, the Dubuque County Treasurer, and such all in accordance with the City of Du-costs shall then be collected with and in the buque standard specifications, all in a same manner as general property taxes in manner acceptable to the City Engi-accordance with provisions of law. neer, in conformance with construc-Section 5. That the final acceptance of the tion improvement plans approved by public improvements shall occur upon certifica- the City Engineer, and inspected by tion of the City Engineer to the City Council the City Engineer. that the public improvements have been com- (b) To install sanitary sewer main pleted in accordance with the approved im- and sewer service laterals into each provement plans and City standards and spe- individual lot, water main and water cifications and accepted by City Council Reso- service laterals into each individual lution. lot, storm sewers and catch basins, Section 6. That in the event Westside Ar- street lighting with all appurtenances, terial Development, LLC, fails to execute the and erosion control devices all in ac-acceptance and furnish the guarantees pro- cordance with the City of Dubuque vided in Sections 2 and 3 hereof within 180 standard specifications, all in a man-days after the date of this Resolution, the pro- ner acceptable to the City Engineer, visions hereof shall be null and void and the and in accordance with construction acceptance of the dedication and approval the improvement plans approved by the plat shall not be effective. th City Engineer, and inspected by the Passed, approved and adopted this 6 day City Engineer. of July 2010. (c) To connect storm facilities to Roy D. Buol, Mayor an approved storm water detention Attest: Jeanne F. Schneider, CMC, City Clerk facility in a manner acceptable to the City Engineer, in accordance with the Marketing and Rebranding for Keyline City of Dubuque standard specifica-Transit: City Manager recommending approval tions approved by the City Engineer, of the Marketing and Rebranding Plan for Key- and inspected by the City Engineer. line submitted by East Central Intergovern- (d) To construct said improve-mental Association Executive Director Kelly ments, prior to the two (2) years from Deutmeyer. Motion by Connors to receive and the date of acceptance of this resolu-file the documents and approve the recom- tion, at the sole expense of the own-mendation. Seconded by Braig. Motion carried ers, or future owner. 6-0. (e) To maintain the public im- provements, for a period of two (2) Keyline Transit – West End Tripper: City years from the date of the acceptance Manager recommending approval for staff to of those improvements by the City negotiate a contract with the Regional Transit Council of the City of Dubuque, Iowa, Authority to provide bus service on the West at the sole final expense of the own-End Tripper Express Route from downtown ers, or future owner; through the Dubuque Industrial Center West And, further provided that said under an approved Federal Job Access Re- Westside Arterial Development, LLC, verse Commute grant. Motion by Jones to as owners of said property, shall se-receive and file the documents and approve cure the performance of the foregoing the recommendation. Seconded by Connors. conditions provided in this Section by Motion carried 6-0. 238 Regular Session, July 6, 2010 Book 140 RESOLUTION NO. 246-10 Keyline Transit Vehicle Purchase: City AWARDING PUBLIC IMPROVEMENT CON- Manager recommending approval to use th TRACT FOR THE 10 AND CENTRAL $26,180 in local match for the Regional Transit PARKING RAMP AND FIRE HEADQUAR- Authority (RTA) to acquire two Pinnacle vans TERS EXPANSION PROJECT that will be used to provide transit services in the City of Dubuque. Motion by Connors to Whereas, sealed proposals have been th receive and file the documents and approve submitted by contractors for the 10 and Cen- the recommendation. Seconded by Resnick. tral Parking Ramp and Fire Headquarters Ex- Motion carried 6-0. pansion Project (the Project) pursuant to Resolution No. 180-10 and Notice to Bidders Library Staffing: City Manager recommend-published in a newspaper published in the City th ing approval of a staffing reorganization at the of Dubuque, Iowa on the 11 day of June, Carnegie Stout Public Library in addition to the 2010; and staff previously approved by the City Council Whereas, said sealed proposals were th during the Fiscal Year 2011 budget process. opened and read on the 29 day of June, 2010 Motion by Connors to receive and file the doc-and it has been determined that J.P. Cullen & uments and approve the recommendation. Sons, Inc. of Janesville, WI, with a bid in the Seconded by Jones. Motion carried 6-0. amount of $7,712,379.00, is the lowest res- ponsive, responsible bidder for the Project. Secure Our Schools Grant: City Manager NOW THEREFORE, BE IT RESOLVED recommending approval of a U.S. Department BY THE CITY COUNCIL OF THE CITY OF of Justice Office of Community Oriented Polic-DUBUQUE, IOWA: ing Services grant application for funding of That a Public Improvement Contract for the the Secure Our Schools Program. Motion by Project is hereby awarded to J.P. Cullen & Jones to receive and file the documents and Sons, Inc. and the City Manager is hereby approve the recommendation. Seconded by directed to execute a Public Improvement Resnick. Responding to questions from City Contract on behalf of the City of Dubuque for Council, Police Chief Mark Dalsing stated that the Project. th the grant would allow the public and parochial Passed, approved and adopted this 6 day schools to finance on-going needs at one time. of July, 2010. Motion carried 6-0. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Clean Fuels and State of Good Repair Federal Bus Grant Applications: City Manager Eighth Street Parking: City Manager re- recommending approval of two grant requests commending approval of the addition of me- – the State of Good Repair ($4,103,296) and tered parking directly in front of the Grand Clean Fuels ($2,435,981) totaling $6.5 million Theater on Eighth Street. Motion by Connors to the Federal Transit Administration for new to receive and file the documents and that the buses and equipment in partnership with East requirement that a proposed ordinance be Central Intergovernmental Association and the considered and voted on for passage at two Dubuque Community School District. Motion Council meetings prior to the meeting at which by Connors to receive and file the documents it is to be passed be suspended. Seconded by and approve the recommendation. Seconded Braig. Motion carried 6-0. by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 37-10 Amend- Tenth and Central Parking Ramp and Fire ing the City of Dubuque Code of Ordinances Headquarters Expansion Project: City Manag-Section 9-14-321-602 (D)-Prohibited Parking er recommending award of the public im-on City Streets or Portions Thereof. Seconded provement contract for the Tenth and Central by Braig. Motion carried 6-0. Parking Ramp and Fire Headquarters Expan- OFFICIAL PUBLICATION sion Project to J.P. Cullen & Sons, Inc. of Ja- ORDINANCE NO. 37-10 nesville, Wisconsin in the amount of AMENDING THE CITY OF DUBUQUE CODE $7,712,379. Motion by Jones to receive and OF ORDINANCES SECTION 9-14-321-602 file the documents and adopt Resolution No. (D)-PROHIBITED PARKING ON CITY 246-10 Awarding public improvement contract STREETS OR PORTIONS THEREOF for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. NOW, THEREFORE, BE IT ORDAINED Seconded by Connors. Motion carried 6-0. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section1. Section 9-14-321-602 paragraph D is amended to read as follows: 9-14-321.602 (D) Book 140 Regular Session, July 6, 2010 239 8th Street, West, both sides, from a NOW THEREFORE, BE IT RESOLVED point one hundred forty six feet (146') BY THE CITY COUNCIL OF THE CITY OF west of the west property line of University DUBUQUE, IOWA: Avenue to a point two hundred six feet That a Public Improvement Contract for the (206') west of the west property line of Project is hereby awarded to Connolly Con- University Avenue; from Locust Street to struction, Inc. and the City Manager is hereby the alley west of Iowa Street, provided, directed to execute a Public Improvement however, it shall not be unlawful to stop, Contract on behalf of the City of Dubuque for but only in the drop off areas provided, for the Project. th the sole purpose of and for the time ne-Passed, approved and adopted this 6 day cessary to allow passengers to enter or of July, 2010. exit a vehicle and during which time the Roy D. Buol, Mayor vehicle shall not be unattended; north Attest: Jeanne F. Schneider, CMC, City Clerk side, from Wilson Avenue to Roberts Ave- nue; south side, from Central Avenue to Dubuque Regional Airport – Jet Drive Re- the alley immediately west thereof. surfacing Project: City Manager recommend- th 8 Street from alley west of Iowa ing award of the public improvement contract Street to Iowa Street from 5:00 P.M. until for the Dubuque Regional Airport – Jet Drive 8:00 A.M. Monday through Saturday and Resurfacing Project to Eastern Iowa Excavat- 24 hours on Sunday (non-metered times) ing and Concrete, LLC in the amount of Section 2. This Ordinance shall take effect $79,633.50. Motion by Connors to receive and upon publication. file the documents and adopt Resolution No. th Passed, approved and adopted the 6 day 248-10 Awarding public improvement contract of July, 2010. for the Dubuque Regional Airport – Jet Drive /s/Roy D. Buol, Mayor Resurfacing Project. Seconded by Braig. Mo- Attest: tion carried 6-0. /s/Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 248-10 Published officially in the Telegraph Herald th AWARDING PUBLIC IMPROVEMENT CON- Newspaper the 9 day of July, 2010. TRACT FOR THE DUBUQUE REGIONAL /s/Jeanne F. Schneider, CMC, City Clerk AIRPORT JET CENTER DRIVE RESURFAC- thth ING PROJECT Green Alley Project – 15 to 16 Street from Washington to Elm Streets: City Manager Whereas, sealed proposals have been recommending award of the public improve-submitted by contractors for the Dubuque Re- ment contract for the Green Alley Project – gional Airport Jet Center Drive Resurfacing thth 15 to 16 Street from Washington to Elm Project (the Project) pursuant to Resolution Streets to Connolly Construction in the amount No. 177-10 and Notice to Bidders published in of $154,046.52. Motion by Braig to receive and a newspaper published in the City of Dubuque, th file the documents and adopt Resolution No. Iowa, on the 11 day of June, 2010; and 247-10 Awarding public improvement contract Whereas, said sealed proposals were ththth for the Green Alley Project – 15 to 16 Street opened and read on the 24 day of June, 2010 from Washington to Elm Streets. Seconded by and it has been determined that Eastern Iowa Jones. Motion carried 6-0. Excavating & Concrete, LLC of Cascade, Iowa, with a bid in the amount of $79,633.50, RESOLUTION NO. 247-10 is the lowest responsive, responsible bidder for AWARDING PUBLIC IMPROVEMENT CON- the Project. TRACT FOR THE GREEN ALLEY PROJECT NOW THEREFORE, BE IT RESOLVED THTH (15 – 16, BETWEEN WASHINGTON & BY THE CITY COUNCIL OF THE CITY OF ELM STREETS) DUBUQUE, IOWA: Whereas, sealed proposals have been That a Public Improvement Contract for the submitted by contractors for the Green Alley Project is hereby awarded to Eastern Iowa thth Project (15 – 16, between Washington & Excavating & Concrete, LLC and the City Elm Streets) (the Project) pursuant to Resolu-Manager is hereby directed to execute a Pub- tion No. 179-10 and Notice to Bidders pub-lic Improvement Contract on behalf of the City lished in a newspaper published in the City of of Dubuque for the Project. thth Dubuque, Iowa, on the 11 day of June, 2010; Passed, approved and adopted this 6 day and of July, 2010. Whereas, said sealed proposals were Roy D. Buol, Mayor th opened and read on the 24 day of June, 2010 Attest: Jeanne F. Schneider, CMC, City Clerk and it has been determined that Connolly Construction, Inc. of Peosta, Iowa, with a bid in IA 32 Geometric and Signalization Im- the amount of $154,046.52, is the lowest res-provements – US 20 to JFK Road Project: City ponsive, responsible bidder for the Project. Manager recommending award of the public 240 Regular Session, July 6, 2010 Book 140 RESOLUTION NO. 250-10 improvement contract for the IA 32 Geometric REJECTING ALL COMPETITIVE BID PRO- and Signalization Improvements – US 20 to POSALS RECEIVED FOR THEKAUFMANN JFK Road Project to Portzen Construction, Inc. AVENUE HMA RESURFACING PROJECT in the amount of $649,793.80. Motion by (J.F. KENNEDY ROAD TO CHANEY), IOWA Lynch to receive and file the documents and DOT PROJECT NO. STP-U-2100 (651)--70- adopt Resolution No. 249-10 Awarding public 31 improvement contract for the IA 32 Geometric and Signalization Improvements – US 20 to Whereas, competitive sealed bid proposals JFK Road Project. Seconded by Connors. have been submitted by contractors for the Motion carried 6-0. Kaufmann Avenue HMA Resurfacing Project (J.F. Kennedy Road to Chaney), Iowa DOT RESOLUTION NO. 249-10 Project No. STP-U-2100(651)--70-31, (the AWARDING PUBLIC IMPROVEMENT CON- Project) pursuant to Resolution No. 162-10 TRACT FOR THE IA 32 GEOMETRIC AND and Notice to Bidders published in a newspa- SIGNALIZATION IMPROVEMENTS per published in the City of Dubuque, Iowa, on st PROJECT, US 20 TO JOHN F. KENNEDY the 21 day of May, 2010; and ROAD, IOWA DOT PROJECT NO. STP-A-32- Whereas, said competitive sealed bid pro- 1(29)--86-31 posals for the Project were opened and read Whereas, sealed proposals have been by the Iowa Department of Transportation on th submitted by contractors for the IA 32 Geome-the 15 day of June, 2010; and tric and Signalization Improvements Project, Whereas, the City Council has deemed it US 20 to John F. Kennedy Road, Iowa DOT advisable to reject all competitive bid propos- Project No. STP-A-32-1(29)--86-31 (the als for the Project. Project) pursuant to Resolution No. 178-10 NOW THEREFORE, BE IT RESOLVED and Notice to Bidders published in a newspa-BY THE CITY COUNCIL OF THE CITY OF per published in the City of Dubuque, Iowa, on DUBUQUE, IOWA: th the 11 day of June, 2010. Section 1. All of the bid proposals for the Whereas, said sealed proposals were Project are hereby rejected. th opened and read by the Iowa Department of Passed, approved and adopted this 6 day th Transportation on the 15 day of June, 2010 of July, 2010. and it has been determined that Portzen Con-Roy D. Buol, Mayor struction, Inc. of Dubuque, Iowa, with a bid in Attest: Jeanne F. Schneider, CMC, City Clerk the amount of $649,793.80 is the lowest res- ponsive, responsible bidder for the Project. Water Quality Monitoring 28E Agreement: NOW THEREFORE, BE IT RESOLVED City Manager recommending approval of a BY THE CITY COUNCIL OF THE CITY OF 28E Agreement with the Dubuque Soil and DUBUQUE, IOWA: Water Conservation District for the purpose of That a Public Improvement Contract for the collecting water quality data throughout the Project is hereby awarded to Portzen Con-Catfish Creek Watershed Basin. Motion by struction, Inc., subject to the concurrence by Lynch to receive and file the documents and Iowa Department of Transportation (Iowa adopt Resolution No. 251-10 Authorizing the DOT), and the City Manager is hereby directed execution of a 28E Agreement with the Dubu- to execute a Public Improvement Contract on que Soil and Water Conservation District re- behalf of the City of Dubuque for the Project. garding the water sampling of streams within th Passed, approved and adopted this 6 day the Catfish Creek Watershed Basin. Seconded of July, 2010. by Braig. Responding to questions from City Roy D. Buol, Mayor Council, City Engineer Gus Psihoyos stated Attest: Jeanne F. Schneider, CMC, City Clerk that the partnership includes on-site sample collection and may initiate additional funding Kaufmann Avenue Resurfacing Project: opportunities through the IDNR. Motion carried City Manager recommending that the competi-6-0. tive bids received for the Kaufmann Avenue RESOLUTION NO. 251-10 Resurfacing Project be rejected. Motion by AUTHORIZING THE EXECUTION OF A 28E Jones to receive and file the documents and AGREEMENT WITH THE DUBUQUE SOIL adopt Resolution No. 250-10 Rejecting all AND WATER CONSERVATION DISTRICT competitive bid proposals received for the REGARDING THE WATER SAMPLING OF Kaufmann Avenue HMA Resurfacing Project STREAMS WITHIN THE CATFISH CREEK (John F. Kennedy Road to Chaney), Iowa DOT WATERSHED BASIN Project No. STP-U-2100 (651)—70-31. Seconded by Braig. Motion carried 6-0. Whereas, the City of Dubuque’s MS4 per- mit requires a watershed management and illicit discharge detection and elimination pro- gram; and Book 140 Regular Session, July 6, 2010 241 Whereas, both activities include collecting Whereas, the City of Dubuque, Iowa, is and analyzing water quality samples; and seeking proposals from developers to use the Whereas, the Catfish Creek Watershed funding to encourage workforce and market- Basin extends beyond the City limits and the rate housing in the Historic Millwork District. health of the watershed is impacted by what NOW, THEREFORE, BE IT RESOLVED occurs both inside and outside the City limits; BY THE CITY COUNCIL OF THE CITY OF and DUBUQUE, IOWA: Whereas, a partnership with the Dubuque Section 1. That the attached RFP is hereby Soil and Water Conservation District allows approved. both parties access to water quality data for a Section 2. That the City Manager is hereby better understanding of the health of the authorized to release the attached RFP to streams within the Catfish Creek Watershed seek proposals from interested developers. th Basin. Passed, approved, and adopted this 6 NOW THEREFORE, BE IT RESOLVED day of July, 2010. BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor DUBUQUE, IOWA: Attest: Jeanne Schneider, CMC, City Clerk The Mayor is hereby authorized to sign the 28E Agreement provided by the Dubuque Soil Bee Branch Right-of-Way: City Manager and Water Conservation District in the form recommending approval of a term sheet that attached hereto. would be the basis of a revised Development th Passed, approved and adopted this 6 day Agreement with Highway 151/61 Development of July, 2010. Group for acquiring additional right-of-way Roy D. Buol, Mayor through the former Pack site for the Bee Attest: Jeanne F. Schneider, CMC, City Clerk Branch Creek Restoration Project. Motion by Connors to receive and file the documents and Request for Proposal – Iowa Finance Au-approve the recommendation. Seconded by thority: City Manager recommending approval Jones. Motion carried 6-0. of the issuance of a Request for Proposal for COUNCIL MEMBER REPORTS the $4,477,500 low-interest loan pool provided to the City by the Iowa Finance Authority for the creation of workforce housing units in the Jones acknowledged the hard work of the Historic Millwork District. Motion by Jones to emergency response staff who attended to receive and file the documents and adopt those injured at the Independence Day parade Resolution No. 252-10 Approving a request for accident in Bellevue and expressed the Coun- proposal for the Local Revolving Loan Fund for cil’s sympathy. workforce and market-rate housing in the His-Connors invited citizens to look at the at- nd toric Millwork District. Seconded by Braig. tractiveness of the 32 Street Detention Ba- Responding to questions from City Council, sin. Connors also asked that staff follow up Economic Development Director Dave Heiar and review mitigation of run-off caused by addressed unit square footage and stated that fund-raising and commercial car washes as this program is geared toward the Millwork requested in previous communications from District housing only. Motion carried 6-0. the Environmental Stewardship Advisory Commission. RESOLUTION NO. 252-10 Buol thanked the sponsors and volunteers APPROVING A REQUEST FOR PROPOS- who planned and participated in the fireworks ALS FOR THE LOCAL REVOLVING LOAN display on July 3 and read a thank-you letter FUND FOR WORKFORCE AND MARKET from Ted and Rose White about the event into RATE HOUSING IN THE HISTORIC MILL- the record. WORK DISTRICT Whereas, the City has approved a loan There being no further business, upon mo- agreement with the Iowa Finance Authority to tion the City Council adjourned at 8:20 p.m. create a state pool of funding to address the shortage of workforce housing; and /s/Jeanne F. Schneider, CMC Whereas, the Iowa Finance Authority has City Clerk established a pool of funds to establish a low interest loan program to assist in the creation of workforce housing; and Whereas, the low interest loan program would provide funds to assist Millwork District projects in creating workforce (120% of area median income and below) and market rate housing; and 242 Regular Session, July 19, 2010 Book 140 CITY OF DUBUQUE, IOWA Claims and Summary of Revenues for Month Ended May 31, 2010 CITY COUNCIL Library Board of Trustees Update from the OFFICIAL Meeting of June 24, 2010 PROCEEDINGS Substance Abuse Services Center Fourth Quarter Report for Fiscal Year 2010 Upon motion the documents were received The Dubuque City Council met in regular and filed. session at 6:30 p.m. on July 19, 2010 in the Historic Federal Building. Notice of Claims/Suits: Troy Rabbett for property damage; Madonna Delaney for ve- Present: Mayor Buol, Council Members hicle damage; Stephanie Schadl for personal Braig, Connors, Jones, Lynch, Resnick, City injury/property damage. Upon motion the doc- Manager Van Milligen, City Attorney Lindahl uments were received, filed and referred to the City Attorney. Absent: Council Member Voetberg City Attorney advising that the following Mayor Buol read the call and stated this is claims have been referred to Public Entity Risk a regular session of the City Council to act Services of Iowa, the agent for the Iowa Com- upon such business that may properly come munities Assurance Pool: Madonna Delaney before the City Council. for vehicle damage; Troy Rabbett for property damage. Upon motion the documents were Pledge of Allegiance received, filed and concurred. Invocation was provided by Sr. Jennifer Fiscal Year 2011 Community Development Rausch, Sisters of the Presentation Block Grant (CDBG) Agreement: City Manager recommending approval of the Fiscal Year PROCLAMATIONS 2011 Community Development Block Grant Agreement with the U.S. Department of Hous- Dubuque County Fair Week was accepted ing and Urban Development (HUD) in the by Jamie Blum, Dubuque County Fair Manag- amount of $1,344,084. Upon motion the doc- er; Americans with Disabilities 20th Anniver- uments were received and filed and Resolution sary was accepted by Katrina Wilberding, No. 253-10 Authorizing execution of a Com- Proudly Accessible Dubuque; and RAGBRAI munity Development Block Grant Agreement Day was accepted by Keith Rahe, Dubuque with the U.S. Department of Housing and Ur- Convention and Visitors Bureau. ban Development was adopted. PRESENTATION RESOLUTION NO. 253-10 AUTHORIZING EXECUTION OF A COMMU- Federal Transit Administration Region 7 NITY DEVELOPMENT BLOCK GRANT Award for Achievement was presented by AGREEMENT WITH THE U.S. DEPART- Economic Development Director David Heiar MENT OF HOUSING AND URBAN DEVEL- and Transit Manager Barbara Morck. OPMENT. Whereas, under provisions of Title I of CONSENT ITEMS Housing and Community Development Act of 1974, as amended, the City of Dubuque pre- Motion by Lynch to receive and file the pared and submitted an Annual Action Plan for documents, adopt the resolutions, and dispose a Community Development Block Grant; and of as indicated. Seconded by Braig. Motion Whereas, the submission has been ap- carried 6-0. proved by the U.S. Department of Housing and Urban Development in the amount of Minutes and Reports Submitted: City Council $1,344,084 for a twelve month program year of 7/6; Civil Service Commission of 6/24; commencing July 1, 2010 and ending June 30, Community Development Advisory Commis- 2011; and sion of 6/16; Historic Preservation Commission Whereas, a grant agreement covering the of 6/17; Human Rights Commission of 6/7; activities proposed to be carried out with the Long Range Planning Advisory Commission of Community Development Block Grant funds 6/16; Park and Recreation Commission of 6/8; has been transmitted to the City of Dubuque Zoning Advisory Commission of 7/7; Zoning by the U. S. Department of Housing and Urban Board of Adjustment of 6/24 Development. Proof of publication of City Council Pro- NOW, THEREFORE, BE IT RESOLVED ceedings of June 21 and 22, 2010 and List of BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 140 Regular Session, July 19, 2010 243 Section 1. That the Funding Approv-Dubuque, Inc., requesting permission to con- al/Agreement, authorized by the U.S. Depart-duct a fireworks display on Sunday, July 3, ment of Housing and Urban Development be-2011. Upon motion the document was re- ginning July 1, 2010 for a Community Devel-ceived, filed and approved. opment Block Grant to the City of Dubuque in the amount of $1,344,084 and identified as Fiscal Year 2011 Workers’ Compensation Grant Number B-10-MC-19-0004 is hereby Excess Insurance: City Manager recommend- accepted. ing approval of the renewal proposal from Section 2. That the Mayor of the City of Safety National for the City’s workers’ com- Dubuque be and he is hereby authorized and pensation excess insurance. Upon motion the directed to execute said Agreement on behalf documents were received, filed and approved. of the City of Dubuque, Iowa. th Passed, approved and adopted this 19 Environmental Stewardship Advisory day of July 2010. Commission: Communication from Wayne Roy D. Buol, Mayor Klostermann, Chair – Environmental Steward- Attest: Jeanne F. Schneider, CMC, City Clerk ship Advisory Commission, issuing an invita- tion to the public to attend the Commission’s Civil Service Commission: Civil Service meetings to propose new and innovative ways Commission submitting the certified list for the in which the City can move further along the position of Police Officer. Upon motion the continuum of sustainability. Upon motion the documents were received and filed and made document was received and filed. a Matter of Record. Beverly to Carlton Street – Sanitary Sewer July 9, 2010 Spot Repair Project: City Manager recom- Honorable Mayor and mending acceptance of the Beverly to Carlton Members of the City Council Street – Sanitary Sewer Spot Repair Project In accordance with Chapter 400 of the as completed by McDermott Excavating Co. in Code of Iowa, an examination for the position the final contract amount of $7,643.58. Upon of Police Officer was given on April 24, 2010, motion the documents were received and filed followed by an agility test and an oral inter-and Resolution No. 254-10 Accepting the Be- view. We hereby certify that the individuals verly to Carlton Street – Sanitary Sewer Spot listed on the attached sheet have passed and Repair Project and authorizing payment of the vacancies for this position should be made contract amount to the contractor was from this list and that this list is good through adopted. April 30, 2011. RESOLUTION NO. 254-10 Respectfully submitted, ACCEPTING THE SANITARY SEWER SPOT Dan White, Chairperson REPAIR PROJECT – BEVERLY AVENUE TO Betty Takes CARLTON AVENUE AND AUTHORIZING Civil Service Commission THE PAYMENT OF THE CONTRACT Police Officer AMOUNT TO THE CONTRACTOR Bradley Hesselbacher Vincent Lara Whereas, the Public Improvement Contract Mark Lorenzen Reed Kious for the Sanitary Sewer Spot Repair Project – Kayla Soliday Anthony Dalsing Beverly Avenue to Carlton Avenue (the Tyler Hunt David DiPuma Project) has been completed and the City En- Danielle McNally Chelsea Dexter gineer has examined the work and filed a cer- Luke Roth David Lois tificate stating that the Project has been com- Kevin Hoffman Stephen Waterman pleted according to the terms of the Public Brandon Stone Steven Driscoll, Jr. Improvement Contract and that the City Engi- Michael Brehm Austin Myers neer recommends that the Project be ac- Erik Honda Katherine Rossow cepted. Ross Bauer Bradley Staner NOW THEREFORE, BE IT RESOLVED Billy Dieujuste Jessalyn Weber BY THE CITY COUNCIL OF THE CITY OF David Schenk Michael Annable DUBUQUE, IOWA: Jason Ehlers Graham Carl Section 1. The recommendation of the City Lindsey Derby Jeffery Tschiggfrie Engineer is approved and the Project is hereby Matthew Moressi Christopher Hartmann accepted. Ryan Clark Ryan Gudenkauf Section 2. The Finance Director is hereby Benjamin Bozer Donald Weig Jeremy Engle Kyle Vanderheyden directed to pay to the Contractor from the Sa- Freddy Coba Andrew Boekelman nitary Sewer Maintenance Capital Improve- ment Program appropriation for the contract Radio Dubuque: Communication from amount of $7,643.58 less any retained percen- Thomas W. Parsley, General Manager – Radio tage provided for therein as provided in Iowa 244 Regular Session, July 19, 2010 Book 140 Code Chapter 573, and to pay such retainage the County Treasurer of Dubuque County, only in accordance with the provisions of Iowa Iowa, and to publish notice of said certification Code Chapter 573. once each week for two consecutive weeks in th Passed, approved and adopted this 19 the manner provided in Iowa Code § 362.3, day of July, 2010. the first publication of which shall be not more Roy D. Buol, Mayor than fifteen days from the date of filing of the Attest: Jeanne F. Schneider, CMC, City Clerk Final Schedule of Assessments. On or before the date of the second publication of the no- CITY ENGINEER’S CERTIFICATE OF FINAL tice, the City Clerk shall also mail a copy of COMPLETION OF THE SANITARY SEWER said notice to property owners whose property SPOT REPAIR PROJECT – BEVERLY AVE- is subject to assessment, as provided in Iowa NUE TO CARLTON AVENUE Code § 384.60. The undersigned City Engineer of the City The assessments may be paid in full or in of Dubuque, Iowa, hereby certifies that he has part without interest at the office of the City th inspected the Sanitary Sewer Spot Repair Treasurer, City Hall, 50 W. 13 Street, Dubu- Project – Beverly Avenue to Carlton Avenue, que, Iowa, at any time within 30 days after the that the Project has been performed in com-date of the first notice of the Final Schedule of pliance with the terms of the Public Improve-Assessments. Thereafter, unpaid assessments ment Contract, and that the total cost of the of $100.00 or more are payable in 10 annual completed work is $8,407.94. installments at the County Treasurer’s Office, th Dated this 13 day of July, 2010. Dubuque County Courthouse, 720 Central Gus Psihoyos, City Engineer Avenue, Dubuque, Iowa, and will draw annual th Filed in the office of the City Clerk on the 19 interest at nine percent (9%) computed to De- day of July, 2010. cember 1 next following the due dates of the Jeanne F. Schneider, CMC, City Clerk respective installments as provided in Section 384.65 of the Code of Iowa. Each installment Detention Basin Maintenance Assess-will be delinquent from October 1 following its ments: City Manager recommending approval due date on July 1 of each year. However, of the final assessments for the Fiscal Year when the last day of September is a Saturday 2010 Detention Basin Maintenance Program. or Sunday, that amount shall be delinquent Upon motion the documents were received from the second business day of October. De- and filed and Resolution No. 255-10 Adopting linquent installments will draw the same delin- the final assessment schedule for the Fiscal quent interest as ordinary taxes. Property Year 2010 Detention Basin Maintenance Pro-owners may elect to pay any annual install- gram was adopted. ments semi-annually in advance. th Passed, approved and adopted this 19 RESOLUTION NO. 255-10 day of July, 2010. ADOPTING THE FINAL ASSESSMENT Roy D. Buol, Mayor SCHEDULE FOR THE FY2010 DETENTION Attest: Jeanne F. Schneider, CMC, City Clerk BASIN MAINTENANCE PROJECT FINAL ASSESSMENT SCHEDULE FOR THE NOW, THEREFORE, BE IT RESOLVED FY2010 DETENTION BASIN BY THE CITY COUNCIL OF THE CITY OF MAINTENANCE PROJECT DUBUQUE, IOWA: DATE: July 6, 2010 After full consideration, the Final Schedule of Assessments as shown on the attached The following schedule is hereby deter- sheet; is hereby approved for the FY2010 De-mined to show each lot proposed to be as- tention Basin Maintenance Project. sessed for the improvement shown in the title There is hereby assessed and levied as a together with the amount proposed to be as- special tax against and upon each of the bene-sessed against each lot and the valuations fited properties, the respective sums indicated. shown opposite each lot are hereby fixed as The amounts shown in said Final Schedule of the true valuations of such lots by the City Assessments as deficiencies are found to be Council of the City of Dubuque. proper and levied conditionally against the PROPERTY OWNER NAME; LOT DE- respective properties benefited by the im- SCRIPTION; PARCEL NUMBER; MAILING provements as shown in the Final Schedule of ADDRESS; City, State, Zip; STREET AD- Assessments, subject to the provisions of Iowa DRESS; VALUATION WITH IMPROVEMENT; Code § 384.63. Said assessments against DETENTION BASIN MAINTENANCE AS- said lots are hereby declared to be in propor- SESSMENT; TOTAL NET ASSESSMENT tion to the special benefits conferred and not in excess of twenty-five percent of the value of Lilly, Lorraine D.; Lot 2 Elmwood Green same. Sub; 1014406007; 2651 Lobo Lane; Dubuque, The City Clerk be and is hereby directed to IA 52001; 2651 Lobo Lane; N/A; $23.64; certify the Final Schedule of Assessments to $23.64 Book 140 Regular Session, July 19, 2010 245 Dorman, Michael R.; Lot 3 Elmwood Green Geisler, Bernadine M .; Lot 2-14 Blk 1 Sub; 1014406008; 2645 Lobo Lane; Dubuque, Harvest View Estates 1st Add; 1016378043; IA 52001; 2645 Lobo Lane; N/A; $23.64; 2347 Matthew John Drive; Dubuque, IA 52002; $23.64 2347 Matthew John Drive; N/A; $11.91; $11.91 Kuntz, Gerald W. & Virginia I.; Lot 4 Elm-Gorrepati, Krishnarao & Pramila; Lot 26 wood Green Sub; 1014406009; 2621 Lobo Harvest View Estates Fifth Add; 1016377028; Lane; Dubuque, IA 52001; 2621 Lobo Lane; 2459 Millstone Drive; Dubuque, IA 52002; N/A; $23.64; $23.64 2459 Millstone Drive; N/A; $11.91; $11.91 Kern, Rodney J. & Laurie A.; Lot 5 Elm-Hafeman, Roger L. & Judith A.; Lot 33 wood Green Sub; 1014452024; 2605 Lobo Harvest View Estates Fifth Add; 1016377021; Lane; Dubuque, IA 52001; 2605 Lobo Lane; 2555 Millstone Drive; Dubuque, IA 52002; N/A; $23.64; $23.64 2555 Millstone Drive; N/A; $11.91; $11.91 Dominguez, Lorenzo & Olguin, Lisbhet; Lot Cavanaugh, Kitty A.; Lot 2-37 Blk 1 Harv- 9 Elmwood Green Sub; 1014405025; 2616 est View Estates 1st Add; 1016377033; 2301 Lobo Lane; Dubuque, IA 52001; 2616 Lobo Harvest View Drive; Dubuque, IA 52002; 2301 Lane; N/A; $23.64; $23.64 Harvest View Drive; N/A; $11.91; $11.91 Ellis, Christine L.; Lot 10 Elmwood Green Hensley, James M. & Molly J.; Lot 12 Sub; 1014405024; 2628 Lobo Lane; Dubuque, Harvest View Estate Fifth Add; 1016376013; IA 52001; 2628 Lobo Lane; N/A; $23.64; 2576 Hilton Springs Drive; Dubuque, IA 52002; $23.64 2576 Hilton Springs Drive; N/A; $11.91; $11.91 Nauman, Charles M.; Lot 11 Elmwood Holesinger, David A. & Marianne; Lot 16 Green Sub; 1014405023; 800 Kane Street; Harvest View Estates 2nd Add; 1016379013; Dubuque, IA 52001; 800 Kane Street; N/A; 2448 Matthew John Drive; Dubuque, IA 52002; $23.64; $23.64 2448 Matthew John Drive; N/A; $11.91; $11.91 Andrews, Joshua C. & Theresa A.; Lot 13 Holm, Ronald H. & Joan F.; Lot 26 Blk 1 Blk 1 Harvest View Estates First Addition; Harvest View Estates First Addition; 1016378016; 2365 Matthew John Drive; Du-1016378003; 2432 Wheatland Drive; Dubu- buque, IA 52002; 2365 Matthew John Drive; que, IA 52003; 2432 Wheatland Drive; N/A; N/A; $11.91; $11.91 $11.91; $11.91 Cardona Arbelaez, Catalina; Lot 31 Blk 1 Kelly, Kim M.; Lot 24 Harvest View Estates Harvest View Estates First Addition; Fifth Add; 1016377030; 2427 Millstone Drive; 1016377002; 2383 Harvest View Drive; Dubu-Dubuque, IA 52002; 2427 Millstone Drive; N/A; que, IA 52002; 2383 Harvest View Drive; N/A; $11.91; $11.91 $11.91; $11.91 Klauer, Randall J. & Duffy, Janine P.; Lot Carlson, John S. & Caron M.; Lot 1-14 Blk 12 Harvest View Estates 2nd Add; 1 Harvest View Estates 1st Add; 1016378042; 1016378022; 2437 Matthew John Drive; Du- 1723 E. Hill Road; Decorah, IA 52101; 2349 buque, IA 52002; 2437 Matthew John Drive; Matthew John Drive; N/A; $11.91; $11.91 N/A; $11.91; $11.91 Carroll, Roy W. & Nancy A.; Lot 17 Harvest Kluck, Jonathan P.; Lot 19 Harvest View View Estates 2nd Add; 1016379014; 2464 Estates 2nd Add; 1016379016; 2496 Matthew Matthew John Drive; Dubuque, IA 52002; 2464 John Dr; Dubuque, IA 52001; 2496 Matthew Matthew John Drive; N/A; $11.91; $11.91 John Dr; N/A; $11.91; $11.91 Chaston, Keith N. & Dawn S.; Lot 2 Harv-Kreiling, Jeffrey R. & Trudy L.; L0t 27 Blk 1 est View Estates Fifth Add; 1016381009; 2509 Harvest View Estates First Addition; Hilton Springs Drive; Dubuque, IA 52002; 2509 1016378002; 2448 Wheatland Drive; Dubu- Hilton Springs Drive; N/A; $11.91; $11.91 que, IA 52002; 2448 Wheatland Drive; N/A; Clauer, Garry F. & Mary J.; Lot 2-16 Blk 1 $11.91; $11.91 Harvest View Estates First Addition; Kubesheski, Joseph A. & Cindy L.; Lot 17 1016378039; 2317 Matthew John Drive; Du-Harvest View Estates Fifth Add; 1016376018; buque, IA 52002; 2317 Matthew John Drive; 2520 Hilton Springs Drive; Dubuque, IA 52002; N/A; $11.91; $11.91 2520 Hilton Springs Drive; N/A; $11.91; $11.91 Darter, Chad P. & Jolene M.; Lot 4 Harvest Laird, Mark A. & Shelley N.; Lot 7 Blk 1 View Estates 3rd Add; 1016379022; 2544 Mat-Harvest View Estates First Addition; thew John Drive; Dubuque, IA 52002; 2544 1016379008; 3960 Cedar Heights Court; Du- Matthew John Drive; N/A; $11.91; $11.91 buque, IA 52002; 3960 Cedar Heights Court; Flores, Gerardo A.; Lot 1-33 Blk 1 Harvest N/A; $11.91; $11.91 View Estates First Addition; 1016377042; 2381 Larsen, Eric R. & Catherine Jane; Lot 19 Matthew John Drive; Dubuque, IA 52001; 2359 Harvest View Estates Fifth Add; 1016376020; Harvest View Drive; N/A; $11.91; $11.91 2488 Hilton Springs Drive; Dubuque, IA 52002; Ford, Edwin D. & Staci L.; Lot 6 Harvest 2488 Hilton Springs Drive; N/A; $11.91; $11.91 View Estate Fifth Add; 1016381005; 2482 Mill-Lex, Douglas E & Tanya D.; Lot 4 Harvest stone Drive; Dubuque, IA 52002; 2482 Mill-View Estates 2nd Add; 1016376007; 2473 stone Drive; N/A; $11.91; $11.91 246 Regular Session, July 19, 2010 Book 140 Wheatland Drive; Dubuque, IA 52002; 2473 Steinhoff, Theresa K.; Lot 1 Blk 2 Jaeger Wheatland Drive; N/A; $11.91; $11.91 Heights Sub # 2; 1501151006; 1629 Kathy Odobasic, Zlatko & Hamida; Lot 8 Blk 1 Drive; Dubuque, IA 52003; 1629 Kathy Drive; Harvest View Estates First Addition; N/A; $5.45; $5.45 1016379009; 3955 Cedar Heights Court; Du-Kirk, Joseph D. & Carrie A.; Lot 3 Blk 6 buque, IA 52003; 3955 Cedar Heights Court; Jaeger Heights Sub #2 (Final Plat); N/A; $11.91; $11.91 1501151010; 1646 Bianca Drive; Dubuque, IA Pierce, Ross J.; Lot 22 Harvest View Es-52003; 1646 Bianca Drive; N/A; $5.45; $5.45 tates Fifth Add; 1016376023; 2440 Hilton Shorey, Martin E.; Lot 1 Blk 6 Jaeger Springs Drive; Dubuque, IA 52002; 2440 Hilton Heights Sub #2 (Final Plat); 1501151012; Springs Drive; N/A; $11.91; $11.91 1622 Bianca Drive; Dubuque, IA 52003; 1622 Rambousek, Julie A.; Lot 27 Harvest View Bianca Drive; N/A; $5.45; $5.45 Estates Fifth Add; 1016377027; 2475 Millstone Gomoll, Amy M. & Brian S.; Lot 4 Blk 7 Drive; Dubuque, IA 52002; 2475 Millstone Jaeger Heights Sub #2 (Final Plat); Drive; N/A; $11.91; $11.91 1501151017; 1669 Kathy Drive; Dubuque, IA Redmond, Ronald J & Franziska M & 52003; 1669 Kathy Drive; N/A; $5.45; $5.45 Randy R.; Lot 2 Harvest View Estates 3rd Add; Kelley, Bruce A. & Wendy L.; Lot 6 Blk 7 1016378027; 2517 Matthew John Drive; Du-Jaeger Heights Sub #2 (Final Plat); buque, IA 52002; 2517 Matthew John Drive; 1501151020; 1685 Kathy Drive; Dubuque, IA N/A; $11.91; $11.91 52003; 1685 Kathy Drive; N/A; $5.45; $5.45 Rothenberger, Todd D. & Jill L.; Lot 29 Pichik, Marc; Lot 6 Blk 6 Jaeger Heights Harvest View Estates Fifth Add; 1016377025; Sub #2 (Final Plat); 1501151023; 1680 Bianca 2507 Millstone Drive; Dubuque, IA 52002; Drive; Dubuque, IA 52003; 1680 Bianca Drive; 2507 Millstone Drive; N/A; $11.91; $11.91 N/A; $5.45; $5.45 Roberts, Jeffrey D & Kathryn G.; Lot 28 Blk Homb, Norman L. & Leigh A.; Lot 10 Blk 6 1 Harvest View Estates First Addition; Jaeger Heights Sub #2 (Final Plat); 1016376004; 2457 Wheatland Drive; Dubu-1501151027; 2073 Emily Drive; Dubuque, IA que, IA 52002; 2457 Wheatland Drive; N/A; 52003; 2073 Emily Drive; N/A; $5.45; $5.45 $11.91; $11.91 Moore Development, Ltd.; Lot 2-14 Blk 7 Shearer, Paul K. & Gloria M; Lot 1-35 Blk 1 Jaeger Heights Sub #2 (Final Plat); Harvest View Estates 1st Addition; 1501152024; 816 Vine Street; Maquoketa, IA 1016377013; 2337 Harvest View Drive; Dubu-52060; 1656 Kathy Drive; N/A; $5.45; $5.45 que, IA 52002; 2337 Harvest View Drive; N/A; Ryan, Charles F & Margreet J; Lot 3 Blk 4 $11.91; $11.91 Jaeger Heights Sub #2 (Final Plat); Smith, Bradford K. & Sarah A.; Lot 10 1501153018; 2080 Jaeger Drive; Dubuque, IA Harvest View Estate Fifth Add; 1016381001; 52003; 2080 Jaeger Drive; N/A; $5.45; $5.45 2546 Millstone Drive; Dubuque, IA 52002; Hammel, William K. & Lavon; Lot 1 Blk 4 2546 Millstone Drive; N/A; $11.91; $11.91 Jaeger Heights Sub #2 (Final Plat); Smith, Daniel M. & Janice M.; Lot 11 Harv-1501153020; 2140 Jaeger Drive; Dubuque, IA est View Estates 4th Add; 1016327003; 2569 52003; 2140 Jaeger Drive; N/A; $5.45; $5.45 Wheatland Drive; Dubuque, IA 52002; 2569 Carr, Cynthia Wissel & Rodewald, Ste- Wheatland Dr; N/A; $11.91; $11.91 phan; Unit 2 Located On Lot 3 Woodland Smith, Richard J. & Joyce M.; Lot 1-36 Blk Ridge Sub #2; 1033226068; 530 Woodland 1 Harvest View Estates 1st Add; 1016377034; Ridge; Dubuque, IA 52003; 530 Woodland 2321 Harvest View Drive; Dubuque, IA 52002; Ridge; N/A; $13.46; $13.46 2321 Harvest View Drive; N/A; $11.91; $11.91 Corken, Janann V .; Unit 1 Located On Lot Steffen, James F. & Karilyn M.; Lot 2 4 Woodland Ridge Sub #2; 1033226054; 550 Harvest View Estates 4th Add; 1016328002; Woodland Ridge; Dubuque, IA 52003; 550 2600 Matthew John Drive; Dubuque, IA 52002; Woodland Ridge; N/A; $13.46; $13.46 2600 Matthew John Drive; N/A; $11.91; $11.91 Mcintyre, Donna M.; Unit 2 Located On Lot Stricker, Winnifred R. & Robert L.; Lot 2-2 10 Woodland Ridge Sub #2; 1033226081; Blk 1 Harvest View Estates First Addition; 6710 Firestone Place; Bradenton, Fl 34202; 1016379021; 2308 Matthew John Drive; Du-575 Woodland Ridge; N/A; $13.46; $13.46 TOTAL buque, IA 52002; 2308 Matthew John Drive; : $712.90 N/A; $11.91; $11.91 Topf, Mark D. & Elizabeth M.; Lot 7 Harv-Heeb Street Retaining Wall Project: City est View Estates 4th Add; 1016327010; 2565 Manager recommending acceptance of the Matthew John Drive; Dubuque, IA 52002; 2565 Heeb Street Retaining Wall Project as com- Matthew John Drive; N/A; $11.91; $11.91 pleted by Drew Cook & Sons Excavating, Inc. Tran, Tuan M. & Nguyen, Trang T.; Lot 8 in the final contract amount of $75,586.40. Harvest View Estate Fifth Add; 1016381003; Upon motion the documents were received 2514 Millstone Drive; Dubuque, IA 52002; and filed and Resolution No. 256-10 Accepting 2514 Millstone Drive; N/A; $11.91; $11.91 the Heeb Street Retaining Wall Project and Book 140 Regular Session, July 19, 2010 247 authorizing payment of the contract amount to the Development Agreement. Upon motion the the contractor was adopted. documents were received, filed and approved. RESOLUTION NO. 256-10 Provisionally Accredited Levee (PAL) ACCEPTING THE HEEB STREET RETAIN- Progress Report: City Manager transmitting ING WALL RECONSTRUCTION PROJECT the July 2010 Provisionally Accredited Levee AND AUTHORIZING THE PAYMENT OF THE (PAL) Progress Report to FEMA for certifica- CONTRACT AMOUNT TO THE CONTRAC- tion of the Dubuque levee and floodwall sys- TOR tem along the Mississippi River. Upon motion Whereas, the Public Improvement Contract the documents were received, filed and ap- for the Heeb Street Retaining Wall Recon-proved. struction Project (the Project) has been com- pleted and the City Engineer has examined the Final Plat – Emerald Acres No. 6: Zoning work and filed a certificate stating that the Advisory Commission recommending approval Project has been completed according to the of the final plat of Emerald Acres No. 6 as re- terms of the Public Improvement Contract and quested by Buesing & Associates. Upon mo- that the City Engineer recommends that the tion the documents were received and filed Project be accepted. and Resolution No. 257-10 Approving the final NOW THEREFORE, BE IT RESOLVED plat of Emerald Acres No. 6 in the City of Du- BY THE CITY COUNCIL OF THE CITY OF buque, Iowa was adopted. DUBUQUE, IOWA: RESOLUTION NO. 257-10 Section 1. The recommendation of the City APPROVING THE FINAL PLAT EMERALD Engineer is approved and the Project is hereby ACRES NO. 6 IN THE CITY OF DUBUQUE, accepted. IOWA. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Whereas, there has been filed with the City Heeb Street Retaining Wall Capital Improve-Clerk the Final Plat Emerald Acres No. 6 in the ment Project appropriation for the contract City of Dubuque, Iowa; and amount of $75,586.40 less any retained per-Whereas, said Final Plat provides no fron- centage provided for therein as provided in tage for Lot 1 and Lot 2 on a public street or Iowa Code chapter 573, and to pay such retai-approved private street as required by Section nage only in accordance with the provisions of 11-14 of Title 16 of the City of Dubuque Code Iowa Code chapter 573. of Ordinances, Unified Development Code; th Passed, approved and adopted this 19 and day of July, 2010. Whereas, said Final Plat has been ex- Roy D. Buol, Mayor amined by the Zoning Advisory Commission Attest: Jeanne F. Schneider, CMC, City Clerk and had its approval endorsed thereon; and Whereas, said Final Plat has been ex- CITY ENGINEER’S CERTIFICATE OF FINAL amined by the City Council and they find that it COMPLETION OF THE HEEB STREET RE- conforms to the statues and ordinances relat- TAINING WALL RECONSTRUCTION ing to it. PROJECT NOW THEREFORE, BE IT RESOLVED The undersigned City Engineer of the City BY THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa, hereby certifies that he has DUBUQUE, IOWA: inspected the Heeb Street Retaining Wall Re-Section 1. That Section 11-14 of Title 16 of construction Project, that the Project has been the City of Dubuque Code of Ordinances, Uni- performed in compliance with the terms of the fied Development Code, is waived to allow no Public Improvement Contract, and that the frontage on a public street or an approved total cost of the completed work is $92,209.87. private street for Lot 1 and Lot 2. th Dated this 13 day of July, 2010. Section 2. That the Final Plat of Emerald Gus Psihoyos, City Engineer Acres No. 6 is hereby approved and the Mayor th Filed in the office of the City Clerk on the 19 and City Clerk are hereby authorized and di- day of July, 2010. rected to endorse the approval of the City of Jeanne F. Schneider, CMC, City Clerk Dubuque, Iowa upon said final plat. th Passed, approved and adopted this 19 Certificate of Completion – Progressive day of July, 2010. Packaging, LLC: City Manager recommending Roy D. Buol, Mayor approval of the issuance of a Certificate of Attest: Jeanne F. Schneider, CMC, City Clerk Completion to Progressive Packaging, LLC in the Dubuque Industrial Center West acknowl-Acceptance of Sheriff’s Deed – 2015 edging completion of their obligations to con-Washington Street: City Manager recommend- struct Minimum Improvements as stipulated in ing approval of the acceptance of the Sheriff’s Deed for a two-story dwelling located at 2015 248 Regular Session, July 19, 2010 Book 140 SURER AND TO PUBLISH NOTICE THE- Washington Street. Upon motion the docu- REOF ments were received and filed and Resolution No. 258-10 Approving the acceptance of a NOW, THEREFORE, BE IT RESOLVED Sheriff’s Deed for the northerly 46 feet of Lot BY THE CITY COUNCIL OF THE CITY OF 20 in Steiner’s Addition or Subdivision in the DUBUQUE, IOWA: City of Dubuque, Iowa, according to the rec-That after full consideration of the Sche- orded plat thereof, located at 2015 Washington dule of Assessments attached hereto for de- Street was adopted. linquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was RESOLUTION NO. 258-10 filed in the office of the City Clerk on the 13th APPROVING THE ACCEPTANCE OF A day of July, 2010, the said Schedule of As- SHERIFF’S DEED FOR THE NORTHERLY sessments be and the same is hereby ap- 46 FEET OF LOT 20 IN STEINER’S ADDI- proved and adopted. TION OR SUBDIVISION IN THE CITY OF That there be, and is herby assessed and DUBUQUE, IOWA, ACCORDING TO THE levied as a lien upon the real property, the RECORDED PLAT THEREOF, LOCATED AT respective sums indicated. 2015 WASHINGTON STREET That the City Clerk be and is hereby di- Whereas, the City of Dubuque has a se-rected to certify said schedule to the County cured interest in a property at 2015 Washing-Treasurer of Dubuque County, Iowa, and to ton Street; and publish notice of said certification once each Whereas, this interest was subordinate to a week for two consecutive weeks in the manner first mortgage subject to forfeiture at a foreclo-provided in Iowa Code § 362.3, the first publi- sure sale. cation of which shall be not more than fifteen NOW, THEREFORE, BE IT RESOLVED days from the date of filing of the final sche- BY THE CITY COUNCIL OF THE CITY OF dule. On or before the date of the second pub- DUBUQUE, IOWA: lication of the notice, the City Clerk shall also Section 1. That the City of Dubuque hereby mail a copy of said notice to property owners accepts the Sheriff’s Deed attached hereto for whose property is subject to assessment, as the property legally described as: The Norther-provided and directed in Iowa Code § 384.60. ly 46 feet of Lot 20 in Steiner’s Addition or The assessments may be paid in full or in Subdivision in the City of Dubuque, County of part at the Utility Billing Office, City Hall, 50 W. th Dubuque, Iowa, according to the recorded Plat 13 Street, Dubuque, Iowa, at any time within thereof. 30 days after the date of the first publication of Section 2. That the City Clerk be and she the notice of the filing of the Schedule of As- is hereby directed to record this Resolution sessments with the County Treasurer. After 30 and Sheriff’s Deed to the Dubuque County days, unpaid assessments are payable at the Assessor and the Dubuque County Auditor. County Treasurer’s Office, Dubuque County th Passed, approved and adopted this 19 Courthouse, 720 Central Avenue, Dubuque, day of July, 2010. Iowa, and charges shall be collected in the Roy D Buol, Mayor same manner as general property taxes Attest: Jeanne Schneider, CMC, City Clerk against the respective parcels of the property set opposite the name of the property owner. th Delinquent Water, Sewer, Refuse and Passed, approved and adopted this 19 Storm Water Collection Accounts: City Man-day of July, 2010. ager recommending approval of the submis-Roy D. Buol, Mayor sion of delinquent water, sewer, refuse and Attest: Jeanne F. Schneider, CMC, City Clerk storm water collection accounts to the Dubu- SCHEDULE OF ASSESSMENTS FOR DE- que County Treasurer. Upon motion the doc- LINQUENT WATER, SEWER, REFUSE AND uments were received and filed and Resolution STORMWATER ACCOUNTS No. 259-10 Adopting the Schedule of Assess- Customer Name; Service Address; Ac- ments for delinquent water, refuse, sewer and count Balance; Admin Fee; Balance storm water collection accounts and directing the Clerk to certify the schedule of assess-44 Main, LLC, 44 Main St., 158.82, 5.00, ments to the County Treasurer and to publish 163.82 notice thereof was adopted. Adam J Kretz, 3775 Peru Rd., 286.77, 5.00, 291.77 RESOLUTION NO. 259-10 Advanced Custom Builders, LLC, 3357 Ar- ADOPTING THE SCHEDULE OF ASSESS- rowwood Ln., 256.35, 5.00, 261.35 MENTS FOR DELINQUENT WATER, SEW- Amber Cooper, 2702 Pinard St., 33.38, ER, REFUSE AND STORMWATER AC- 5.00, 38.38 COUNTS AND DIRECTING THE CITY Amy L & Micah J Tuttle, 2945 Keokuk St., CLERK TO CERTIFY THE SCHEDULE OF 461.96, 5.00, 466.96 ASSESSMENTS TO THE COUNTY TREA- Book 140 Regular Session, July 19, 2010 249 Angie Grimes, 2695 Dove St., 111.07, Equity Builders, 640 Sapphire Cir., 78.65, 5.00, 116.07 5.00, 83.65 Antonio G Conley, 1104 Riverview St., Frank Kalb, 814 Wilson St., 18.70, 5.00, 32.22, 5.00, 37.22 23.70 ATM Properties, LLC, 1305 Rhomberg Gary A Hansen, 2060 Ellen St., 300.08, Ave., 147.95, 5.00, 152.95 5.00, 305.08 August R Schubert, 2268 White St., Gary Bernhard, 1100 Roosevelt St., 705.99, 5.00, 710.99 131.96, 5.00, 136.96 Auto & Truck Parts, Inc., 3000 Jackson St., Gary Bernhard, 1110 Roosevelt St., 53.09, 206.36, 5.00, 211.36 5.00, 58.09 Barb J Goodman, 1853 Carter Rd., 100.00, Gary E & Susan M Bay, 1805 Jackson St., 5.00, 105.00 193.27, 5.00, 198.27 Bill J Finn, 2010 Shelby St., 49.17, 5.00, Gary E & Susan M Bay, 1815 Jackson St., 54.17 320.47, 5.00, 325.47 Bobbi / Brian O'Reilly, 360 S Grandview Greg B Cray, 745 Davis St., 253.26, 5.00, Ave., 181.51, 5.00, 186.51 258.26 Cathy A Henkel, 1911 North Star Dr., H & R Properties, 1586 Washington St., 717.37, 5.00, 722.37 140.44, 5.00, 145.44 Charles J Massey, 209 Dillon St., 121.66, Henkel & Company, Inc., 1804 Central 5.00, 126.66 Ave., Apt.1, 36.96, 5.00, 41.96 Chris C Clark, 2411 Rhomberg Ave., Herbert A & Ruth Woller, 2990 Jackson 118.77, 5.00, 123.77 St., 272.50, 5.00, 277.50 Chris J Feldman, 1675 Amy Ct., 309.69, J Foht, 723 Peru Rd., 131.96, 5.00, 136.96 5.00, 314.69 Jackson Square Estates, LLC, 1577 Wash- Christi A Powers, 267 W 17th St., 127.49, ington St., 31.78, 5.00, 36.78 5.00, 132.49 Jacqueline R Krantz, 1040 Kelly Ln., Cindy's New You, 1626 Central Ave., Apt. 631.62, 5.00, 636.62 1, 310.48, 5.00, 315.48 Jay A Streinz, 1578 Washington St., 85.35, Cindy's New You, 1626 Central Ave., Apt. 5.00, 90.35 2, 619.47, 5.00, 624.47 Jay C Close, 689 W Locust St., 232.60, Clara C Finger, 1955 Clarke Dr., 23.15, 5.00, 237.60 5.00, 28.15 Jayme J Mescher, 2577 Glenview Cr., Corey E Bonner, 1815 W 3rd St., 88.42, 75.22, 5.00, 80.22 5.00, 93.42 Jeffrey T Smith, 1265 Thomas Pl., 123.98, D W Geiger, 2600 Central Ave., 136.50, 5.00, 128.98 5.00, 141.50 Jerald Brown, 1612 Rosedale, 276.23, Da Vinci's, LLC, 395 W 9th St., 241.58, 5.00, 281.23 5.00, 246.58 Jesse Rans, 2008 Foye St., 80.79, 5.00, Dale P Kleinschrodt, 421 Kaufmann Ave., 85.79 130.50, 5.00, 135.50 Jessica Hill, 1700 Scenic View Dr., 118.70, Dallas M Kalmes, 1038 Bluff St., 176.39, 5.00, 123.70 5.00, 181.39 Jody & Jason P McCarty, 2170 Deborah Daniel J Kane, 395 Nevada St., 83.29, Dr., 328.24, 5.00, 333.24 5.00, 88.29 John & Sally Herrig, 3087 Central Ave., Daniel J Pfeiffer, 510 Angella St., 151.78, 68.53, 5.00, 73.53 5.00, 156.78 John R Barbee, 3085 Oak View Ct., David B Welsh, 775 S Grandview Ave., 250.13, 5.00, 255.13 130.85, 5.00, 135.85 Jonathan Slaght, 3102 Asbury Rd., 32.99, David O & Tessa A Lochner, 727 Hill St., 5.00, 37.99 Apt.2, 207.90, 5.00, 212.90 Joseph & Janice Healey, 84 Gandolfo St., David O Lochner, 727 Hill St., Apt. 1, 241.38, 5.00, 246.38 31.98, 5.00, 36.98 Julie Leclere, 2489 Hempstead St., 259.40, Dawn M Snider, 154 W 23rd St., 115.38, 5.00, 264.40 5.00, 120.38 Justin Oglesby, 2205 Samantha Dr., Dean W Miller, 604 Rhomberg Ave., 87.74, 283.56, 5.00, 288.56 5.00, 92.74 Katherine A Munson, 2904 Balke St., Deutsche Bank National Trust, 475 Valeria 100.23, 5.00, 105.23 St., 386.79, 5.00, 391.79 Keith E Welsh, 1640 Ashton Pl., 172.29, Don D Heim, 596 University Ave., 92.25, 5.00, 177.29 5.00, 97.25 Kenneth A Ginter, 2662 Ogle St., 140.31, Doran R & Berry, Shari L Bush, 2925 Pi-5.00, 145.31 nard St., 407.82, 5.00, 412.82 Kenneth E Keller, 2054 Jackson St., # 1, 127.89, 5.00, 132.89 250 Regular Session, July 19, 2010 Book 140 Kenneth E Keller, 2054 Jackson St., # 2, Scotlyn Properties, 37 W 15th St., #3, 5.55, 81.04, 5.00, 86.04 5.00, 10.55 Kenny J Birch, 1414 Washington St., Scotlyn Properties, 37 W 15th St., Apt. 1, 238.15, 5.00, 243.15 33.75, 5.00, 38.75 Kress Industrial Facility, LLC, Seippel Rd., Scott A Runde, 35 W 15th St., Apt. 1, Commercial Park, 174.45, 5.00, 179.45 41.35, 5.00, 46.35 Larry P & Cheryl A Conley, 2512 Broadway Scott A Runde, 35 W 15th St., Apt. 2, St., 302.04, 5.00, 307.04 39.20, 5.00, 44.20 Laurie & David Vonah, 707 Lincoln Ave., Secretary of Housing & Urban, 2224 Fran- 180.25, 5.00, 185.25 cis St., Apt. 2, 131.84, 5.00, 136.84 Lonnie L Allen, 2565 Front St., 99.46, 5.00, Secretary of Housing & Urban, 2224 Fran- 104.46 cis St., Apt. 1, 131.84, 5.00, 136.84 Marar LLC , Cedar Cross Rd., 1,262.88, Sherrie L Jones, 2790 Andrew Ct., 299.92, 5.00, 1,267.88 5.00, 304.92 Mardi Gras Estates, LLC, 2586 Central So Fourth Pacific Rim Finance, 2225 Ker- Ave., 31.44, 5.00, 36.44 per Blvd., 719.21, 5.00, 724.21 Mark A Boland, 601 Tanzanite Dr., 118.68, Stacy Ramaker, 828 Patricia Ann Dr., 5.00, 123.68 242.91, 5.00, 247.91 Mark T Hittenmiller, 1615 Atlantic St., Staffordshire Estates, LLC, 2416 Stafford 283.24, 5.00, 288.24 St., Apt. 2, 12.25, 5.00, 17.25 Marshallese House of Praise, 2155 Rock-Steve A Sarazin, 1315 Finley St., 162.92, dale Rd., 371.34, 5.00, 376.34 5.00, 167.92 Mary A Gross, 503 Arlington St., 25.75, Tanya L Avenarius, 2015 Washington St., 5.00, 30.75 242.84, 5.00, 247.84 Michael Dennison, 595 Angella St., 283.27, Theresa M Sawvell, 5300 Olde Highway 5.00, 288.27 Rd., 107.20, 5.00, 112.20 Michael J Schetgen, 3922 Inwood Ave., Thomas J & Martha J Blake, 2214 Jackson 131.72, 5.00, 136.72 St., # 2, 163.64, 5.00, 168.64 Michael Kane, 2222 Washington St., Thomas J & Martha J Blake, 2305 White 389.47, 5.00, 394.47 St., Apt. 2, 253.82, 5.00, 258.82 Mid America Property Mgmt., LLC, 2351 Thomas J & Martha J Blake, 2414 Windsor Washington St., 64.26, 5.00, 69.26 Ave., Apt. 1, 265.94, 5.00, 270.94 Monte J Bruggeman, 2494 Hempstead St., Timothy K Manning, 1552 Locust St., 347.21, 5.00, 352.21 87.75, 5.00, 92.75 Nina K Nelson, 520 Lincoln Ave., 222.36, Tom J Ede, 3951 Inwood Ave., 198.54, 5.00, 227.36 5.00, 203.54 Perry D Sopina, 116 W 13th St., 1st Fl., Vicki L Rako, 1017 Bluff St., 318.62, 5.00, 24.27, 5.00, 29.27 323.62 Perry Sopina, 116 W 13th St., #2 2nd Fl., Vikki L Vondran, 2490 Green St., 139.34, 99.93, 5.00, 104.93 5.00, 144.34 Philip F Schromen, 713 Peru Rd., 107.47, Wayne & Allie Ross, 556 W 17th St., 5.00, 112.47 472.69, 5.00, 477.69 Randy S Weber, 535 S Grandview Ave., William Fay, 1285 Rockdale Rd., 115.26, 243.56, 5.00, 248.56 5.00, 120.26 Ricky J Hurst, 3975 Inwood Ave., 113.28, TOTALS: 24,355.48; 605.00; 24,960.48 5.00, 118.28 Rob J / Vickie L McMullen, 3998 Inwood PEG Capital Grant Expenditure Request: Ave., 118.91, 5.00, 123.91 City Manager recommending approval of the Roger D Welsh, 2093 Washington St., Cable TV Tele-Programming Commission rec- 609.01, 5.00, 614.01 ommendation for funding from the Public, Ron Rudiger, 590 Angella St., 142.71, Educational, and Government (PEG) Capital 5.00, 147.71 Grant for Access Equipment and Facilities in Ronald C Steuer, 3478 Kimberly Dr., the amount of $17,000 for the Dubuque Art 111.72, 5.00, 116.72 Center for six new Apple editing systems. Ronald L Houselog, 716 E 22nd St., Upon motion the documents were received, 134.35, 5.00, 139.35 filed and approved. Ryan Hickson, 743 Cleveland Ave., 244.97, 5.00, 249.97 Memorandum of Understanding – Iowa Sandralee M Scott, 599 W 8th St., 402.41, Power and Light: City Manager recommending 5.00, 407.41 approval of a proposed amendment to the Scotlyn Properties, 35 W 15th St., 1st, Memorandum of Understanding with Iowa Smarter 68.14, 5.00, 73.14 Power and Light for the conduct of the Electricity portion of the Smarter Sustainable Book 140 Regular Session, July 19, 2010 251 Dubuque research partnership with IBM. Upon Ranger #1159; and a Class “WBN” (Native motion the documents were received, filed and Wine) Permit to Kwik Stop Food Mart and Ac- approved. cessorize Me were adopted. RESOLUTION NO. 260-10 Dubuque Yacht Basin: City Manager re- commending approval of Leasehold Mortgage Whereas, applications for Beer Permits and Security Agreement and Assignments for have been submitted and filed to this Council the Dubuque Yacht Basin, Inc. Upon motion for approval and the same have been ex- the documents were received, filed and ap-amined and approved: and proved. Whereas, the premises to be occupied by such applicants were inspected and found to Legislative Correspondence: Communica-comply with the Ordinances of the City and tion to Senators Tom Harkin and Charles have filed proper bonds. Grassley urging opposition to Amendment 2 to NOW, THEREFORE, BE IT RESOLVED H.R. 4899, the Public Safety Employer-BY THE CITY COUNCIL OF THE CITY OF Employee Cooperation Act. Upon motion the DUBUQUE, IOWA: documents were received and filed, That the Manager be authorized to cause to be issued the following named applicants a Contract Cleaning Service for Mini-Bus Beer Permit. Cleaning: City Manager recommending ap-CLASS “C” BEER PERMIT proval to contract with Dubuque Janitorial to Road Ranger, LLC, Road Ranger# 1159 provide weekly cleaning of ten mini-buses at +(Sunday Sale), 2175 Central Ave. an annual cost of $6,540. Upon motion the Rainbo Oil Company, Kwik Stop Food Mart documents were received, filed and approved. +(Sunday Sale), 2255 Kerper Blvd. Passed, approved and adopted this 19th 2010 Governor’s Volunteer Award: City day of July, 2010. Manager advising that Michelle Balek, the Roy D. Buol, Mayor AmeriCorps VISTA who has been working for Attest: Jeanne F. Schneider, CMC, City Clerk the City of Dubuque since October 2009, on RESOLUTION NO. 261-10 sustainability, community outreach, volunteer coordination and organization capacity build-Whereas, applications for Liquor Licenses ing, will receive the 2010 Governor’s Volunteer have been submitted to this Council for ap- Award on July 22, 2010. Upon motion the doc-proval and the same have been examined and uments were received and filed. approved; and Whereas, the premises to be occupied by Signed Contracts: Bunker Hill Golf Course such applicants were inspected and found to Irrigation Consultant Contract. Upon motion comply with the State Laws and all City Ordin- the document was received and filed. ances relevant thereto and they have filed proper bonds. Liquor License Transfers: Request of the NOW, THEREFORE, BE IT RESOLVED Dubuque County Historical Society to transfer BY THE CITY COUNCIL OF THE CITY OF the liquor license of the National Mississippi DUBUQUE, IOWA: River Museum and Aquarium to 501 Bell That the Manager be authorized to cause Street for the Taste of Dubuque on August 7, to be issued the following named applicants a 2010. Upon motion the document was re-Liquor License. ceived, filed and approved. CLASS “C” BEER/LIQUOR LICENSE Request of the Rotary Club of Dubuque to Shannon’s Bar & Grill, Shannon’s Bar & nd transfer their liquor license to the Alliant Am-Grill +(Sunday Sale), 521 E. 22 St. phitheater for the Rock and Soul event on July House of China, House of China +(Sunday 31, 2010. Upon motion the document was re-Sale), 170 JFK Rd. ceived, filed and approved. Craig Weiner, Walnut Tap +(Sunday Sale), 709 University Ave. Liquor License Applications: City Manager Curtis Gerhard, Knicker’s Saloon +(Sunday recommending approval of annual liquor li-Sale), 2186 Central Ave. cense renewals as submitted. Upon motion the CLASS “B” WINE documents were received and filed and Reso-Road Ranger, LLC, Road Ranger # 1159, lution No. 260-10 Granting the issuance of a 2175 Central Ave. Class “C” Beer Permit to Road Ranger #1159 CLASS “WBN” (NATIVE WINE) and Kwik Stop Food Mart; and Resolution No. Rainbo Oil Company, Kwik Stop Food 261-10 Granting the issuance of a Class “C” Mart, 2255 Kerper Blvd. Beer/Liquor License to Shannon’s Bar and Accessorize Me, LLC, Accessorize Me, Grill, House of China, Walnut Tap and Knick-474 Bluff St. er’s Saloon; a Class “B” Wine Permit to Road 252 Regular Session, July 19, 2010 Book 140 Passed, approved and adopted this 19th lution No. 263-10 Authorizing the submittal of day of July, 2010. an application to the State of Iowa I-JOBS II Roy D. Buol, Mayor Disaster Prevention Grant program for funding Attest: Jeanne F. Schneider, CMC, City Clerk for the excess flow management portion of the Water Pollution Control Plant Modification Iowa Jobs (I-JOBS II) Application – Lower Project was adopted. Bee Branch Creek Restoration Project: City RESOLUTION NO. 263-10 Manager requesting approval to submit an AUTHORIZING THE SUBMITTAL OF AN application for I-JOBS II Disaster Prevention APPLICATION TO THE STATE OF IOWA I- Grant Program funding for the Lower Bee JOBS II DISASTER PREVENTION GRANT Branch Creek Restoration Project. Upon mo- PROGRAM FOR FUNDING FOR THE tion the documents were received and filed EXCESS FLOW MANAGEMENT PORTION and Resolution No. 262-10 Authorizing the OF THE WATER POLLUTION CONTROL submittal of an application to the State of Iowa PLANT MODIFICATION PROJECT I-JOBS II Disaster Prevention Grant program for funding for the Lower Bee Branch Creek Whereas, the City of Dubuque Water Pollu- Restoration Project was adopted. tion Control Plant has had violations of its NPDES permit caused directly by excess flow RESOLUTION NO. 262-10 due to heavy rain events, and AUTHORIZING THE SUBMITTAL OF AN Whereas, The City of Dubuque has identi- APPLICATION TO THE STATE OF IOWA I- fied the Water Pollution Control Plant Modifica- JOBS II DISASTER PREVENTION GRANT tions as a high priority, and PROGRAM FOR FUNDING FOR THE LOW- Whereas a significant portion of the Water ER BEE BRANCH CREEK RESTORATION Pollution Control Plant Modifications Project is PROJECT directly related to excess flow management to Whereas, in 1999 and again in 2002 and prevent environmental incidents incurred dur- 2004, heavy rains produced flood damage ing heavy rain events, spurring a Presidential Disaster Declarations NOW THEREFORE, BE IT RESOLVED for Dubuque County, and BY THE CITY COUNCIL OF THE CITY OF Whereas, the Lower Bee Branch Creek DUBUQUE, IOWA: Restoration Project has been identified as one That the City Manager or his designee is of a series of projects to provide relief from hereby authorized to submit an application for property damage due to flooding to 1,150 resi-I-JOBS II Disaster Prevention Grant Program dents in the City of Dubuque, and for funding of the excess flow management Whereas, the City of Dubuque has ex-portion of the Water Pollution Control Plant pended $5,100,000 constructing the Carter Modification Project. ndth Road detention Basin and the W. 32 Street Passed, approved and adopted this 19 Detention Basin to mitigate flood damage, and day of July, 2010. Whereas, the Lower Bee Branch Creek Roy D. Buol, Mayor Restoration Project is required to provide fur-Attest: Jeanne F. Schneider, CMC, City Clerk ther protection from property damage due to ITEMS TO BE SET FOR PUBLIC HEARING flooding, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Motion by Lynch to receive and file the DUBUQUE, IOWA: documents, adopt the resolutions, set the pub- That the City Manager or his designee is lic hearings as indicated, and direct the City hereby authorized to submit an application for Clerk to publish notice as prescribed by law. I-JOBS II Disaster Prevention Grant Program Seconded by Braig. Motion carried 6-0. for funding of the Lower Bee Branch Creek Restoration Project. Dubuque County Historical Society Lease th Passed, approved and adopted this 19 for Mississippi Plaza Property: City Manager day of July, 2010. recommending that a public hearing be set for Roy D. Buol, Mayor August 2, 2010 to consider the Fourth Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to the Lease Agreement with the Dubuque County Historical Society for the Iowa Jobs (I-JOBS II) Application – Water National Mississippi River Museum and Aqua- Pollution Control Plant Modifications: City rium and the new National River Center. Upon Manager requesting approval to submit an motion the documents were received and filed application for I-JOBS II Disaster Prevention and Resolution No. 264-10 Intent to dispose of Grant Program funding for the excess flow real property by the Fourth Amendment to the management portion of the Water Pollution Lease Agreement between the City of Dubu- Control Plant Modifications. Upon motion the que and the Dubuque County Historical Socie- documents were received and filed and Reso-ty was adopted setting a public hearing for a Book 140 Regular Session, July 19, 2010 253 RESOLUTION NO. 265-10 meeting to commence at 6:30 p.m. on August RESOLUTION FIXING DATE FOR A MEET- 2, 2010 in the Historic Federal Building. ING ON THE AUTHORIZATION OF A LOAN RESOLUTION NO. 264-10 AND DISBURSEMENT AGREEMENT AND RESOLUTION OF INTENT TO DISPOSE OF THE ISSUANCE OF NOT TO EXCEED AN INTEREST IN REAL PROPERTY BY $65,000,000 SEWER REVENUE CAPITAL FOURTH AMENDMENT TO LEASE LOAN NOTES OF DUBUQUE, IOWA, AND BETWEEN THE CITY OF DUBUQE, IOWA PROVIDING FOR PUBLICATION OF NO- AND DUBUQUE COUNTY HISTORICAL TICE THEREOF SOCIETY Whereas, it is deemed necessary and ad- Whereas, the City of Dubuque, Iowa (City) visable that the City of Dubuque, Iowa should and Dubuque County Historical Society provide for the authorization of a Loan and (DCHS) entered into a Lease Agreement Disbursement Agreement and the issuance of (Lease) on June 5, 2000 for certain real prop-Sewer Revenue Capital Loan Notes, in the erty (Demised Premises) described in Exhibit amount of not to exceed $65,000,000, as au- A thereto; and thorized by Sections 384.24A and 384.82, Whereas, City and DCHS amended the Code of Iowa, as amended, for the purpose of Lease by the First, Second and Third Amend-providing funds to pay costs as hereinafter ments to Lease Agreement; and described; and Whereas, City and DCHS desire to further Whereas, the City has applied for a loan amend the Lease as set forth in the attached through the Iowa Water Pollution Control Fourth Amendment; and Works Financing Program pursuant to which Whereas, the City Council has tentatively the Iowa Finance Authority has agreed to pur- determined that it would be in the best interests chase the City's Notes and has requested that of the City to approve the Fourth Amendment to such Notes be issued as a single Note in a the Lease with DCHS. denomination equal to the total amount of the NOW, THEREFORE, BE IT RESOLVED BY issue as authorized by Chapter 384 of the City THE CITY COUNCIL OF THE CITY OF Code of Iowa; and DUBUQUE, IOWA: Whereas, the Loan and Disbursement Section 1. The City of Dubuque intends to Agreement and Note shall be payable solely dispose of its interest in the real property and only out of the net earnings of the Munici- described in the Fourth Amendment to Lease pal Sewer System and shall be a first lien on between City and DCHS. the future net earnings of the Utility; and shall Section 2. The City Clerk is hereby not be general obligations of the City or paya- authorized and directed to cause this Resolution ble in any manner by taxation and the City and a notice to be published as prescribed by shall be in no manner liable by reason of the Iowa Code § 364.7 of a public hearing on the failure of the net revenues to be sufficient for City's intent to dispose of the real property the payment of the Loan and Disbursement described in the Fourth Amendment to Lease, to Agreement and Note; and nd be held on the 2 day of August, 2010, at 6:30 Whereas, before a Loan and Disbursement o'clock p.m. at the Historic Federal Building, Agreement may be authorized and Sewer Dubuque, Iowa. Revenue Capital Loan Notes issued to evi- th Passed, approved and adopted this 19 day dence the obligation of the City thereunder, it of July, 2010. is necessary to comply with the provisions of Roy D. Buol, Mayor the City Code of Iowa, as amended, and to Attest: Jeanne F. Schneider, CMC, City Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council Sewer Revenue Capital Loan Notes: City proposes to take action for the authorization of Manager recommending that a public hearing the Loan and Disbursement Agreement and be set for August 2, 2010 to consider the is-Notes and to receive oral and/or written objec- suance of not to exceed $65,000,000 Sewer tions from any resident or property owner of Revenue Capital Loan Notes. Upon motion the the City to such action. documents were received and filed and Reso-NOW, THEREFORE, BE IT RESOLVED lution No. 265-10 Fixing date for a meeting on BY THE CITY COUNCIL OF THE CITY OF the authorization of a Loan and Disbursement DUBUQUE, IOWA: Agreement and the issuance of not to exceed Section 1. That this Council meet in the $65,000,000 Sewer Revenue Capital Loan Historic Federal Building, 350 West 6th Street, nd Notes of Dubuque, Iowa, and providing for the Dubuque, Iowa, at 6:30 o'clock PM on the 2 publication of notice thereof was adopted set-day of August, 2010, for the purpose of taking ting a public hearing for a meeting to com-action on the matter of the authorization of a mence at 6:30 p.m. on August 2, 2010 in the Loan and Disbursement Agreement and the Historic Federal Building. issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes to evidence the 254 Regular Session, July 19, 2010 Book 140 obligations of the City thereunder, the Key City Investment Company – Request proceeds of which will be used to provide to Rezone: Proof of publication on notice of funds to pay the costs of acquisition, construc-public hearing to consider a request from Key tion, reconstruction, extending, remodeling, City Investment Company to rezone property improving, repairing and equipping all or part located at 75 Kennedy Road from PUD of the Municipal Sewer System, including Planned Unit Development with a PC Planned those costs associated with the Water Pollu-Commercial Designation to C-3 General tion Control Plant Modification Project. Commercial District and Zoning Advisory Section 2. That the Clerk is hereby directed Commission recommending approval. Motion by to cause at least one publication to be made of Connors to receive and file the documents and a notice of said meeting, in a legal newspaper, that the requirement that a proposed ordinance be printed wholly in the English language, pub-considered and voted on for passage at two lished at least once weekly, and having gener-Council meetings prior to the meeting at which it is al circulation in said City, said publication to be to be passed be suspended. Seconded by Braig. not less than four clear days nor more than Motion carried 6-0. twenty days before the date of said public Motion by Connors for final consideration meeting on the issuance of the Notes. and passage of Ordinance No. 38-10 Amend- Section 3. The notice of the proposed ac-ing Title 16 of the City of Dubuque Code of tion shall be in substantially the [provided] Ordinances, Unified Development Code, by form. reclassifying hereinafter described property th Passed and approved this 19 day of July, located at 75 John F. Kennedy Road from 2010. PUD Planned Unit Development District with a Roy D. Buol, Mayor PC Planned Commercial Designation to C-3 Attest: Jeanne F. Schneider, CMC, City Clerk General Commercial District. Seconded by Jones. Joseph P. Kane, Kane, Norby & Red- BOARDS/COMMISSIONS dick, representing Key City Investment Com- pany, spoke in support of the request. Plan- Applicants were invited to address the City ning Services Manager Laura Carstens pro- Council regarding their desire to serve on the vided a staff report. Motion carried 6-0. following Boards/Commissions: Housing OFFICIAL PUBLICATION Commission: Three 3-year terms through Au- ORDINANCE NO. 38-10 gust 17, 2013 (Terms of Eddy, Root and AMENDING TITLE 16 OF THE CITY OF DU- Schwendinger). Applicants: Barbara Fischer, BUQUE CODE OF ORDINANCES, UNIFIED 617 Lincoln Avenue; Judy Root, 1008 Walnut DEVELOPMENT CODE, BY RECLASSIFY- Street; Dorothy Schwendinger, OSF, 3525 ING HEREINAFTER DESCRIBED PROPER- Windsor Avenue. Ms. Fischer spoke in support TY LOCATED AT 75 JOHN F KENNEDY of her appointment. ROAD FROM PUD PLANNED UNIT DEVEL- Transit Advisory Board: One 3-year term OPMENT DISTRICT WITH A PC PLANNED through July 30, 2011 (Vacant term of Crois- COMMERCIAL DESIGNATION TO C-3 GEN- sant). ERAL COMMERCIAL DISTRICT. One 3-year term through July 30, 2013 (Term of Scharnau). Applicants: Ruth Scharnau, NOW, THEREFORE, BE IT ORDAINED 2905 Wilderness Drive and Lu Ann Schmidt, BY THE CITY COUNCIL OF THE CITY OF 3395 Jackson Street. Ms. Schmidt spoke in DUBUQUE, IOWA: support of her appointment. Section 1. That Title 16 of the City of Du- buque Code of Ordinances, Unified Develop- Appointments to the following Board: Build-ment Code, is hereby amended by reclassify- ing Code Board of Appeals: Two 3-year terms ing the hereinafter described property from through August 1, 2013 (Terms of Schwendin-PUD Planned Unit Development District with a ger and Kolf) Journeyman/Carpenter and Arc-PC Planned Commercial designation to C-3 hitect/Engineer requirements. Lynch moved to General Commercial District, to wit: Lot 1, Lot appoint James Kolf and John Schwendinger to 1A, and Lot 3 Yiannias Place and Lot 2 and the Building Code Board of Appeals for three-Lot 3 Hawkeye Highway 20 Place, and to the year terms through August 1, 2013. Seconded centerline of the adjoining public right-of-way, by Connors. Motion carried 6-0. all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has PUBLIC HEARINGS heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Upon motion the rules were suspended al-Iowa. lowing anyone present to address the City Section 3. This Ordinance shall take effect Council. upon publications, as provided by law. th Passed, approved and adopted this 19 day of July, 2010. Book 140 Regular Session, July 19, 2010 255 /s/Roy D. Buol, Mayor entire project. Motion failed 2-4 with Resnick, Attest: Buol, Connors, and Jones voting nay. /s/Jeanne F. Schneider, CMC, City Clerk Original motion by Connors to receive and Published officially in the Telegraph Herald file the documents and adopt the proposed th Newspaper the 24 day of July, 2010. resolution approving plans, specifications, form /s/Jeanne F. Schneider, CMC, City Clerk of contract, and estimated cost; and the Reso- lution with respect to the adoption of the Reso- Sunset Ridge Reconstruction Project: lution of Necessity for the Sunset Ridge Re- Proof of publication on notice of public hearing construction Project. Seconded by Jones. Mo- to consider the plans and specifications, form tion failed 4-2 with Lynch and Braig voting nay. of contract and estimated cost for the Sunset stnd Ridge Reconstruction Project and City Manag-Central Avenue Water Main (21 to 32 er recommending approval. Street) Project: Proof of publication on notice City Manager advising that regardless of of public hearing to consider the plans and the outcome of the public hearing on the Sun-specifications, form of contract and estimated st set Ridge Reconstruction Project, there will be cost for the Central Avenue Water Main (21 nd letters going out to property owners to remove to 32 Street) Project and City Manager re- obstructions from the public right-of-way. commending approval. Motion by Connors to Motion by Connors to receive and file the receive and file the documents and adopt documents and adopt the resolutions. Resolution No. 266-10 Approving plans, speci- Seconded by Jones. Doug Henry, Fuerste fications, form of contract, and estimated cost st Carew Law Firm, 200 Security Building, and for the Central Avenue Water Main (21 to nd representing 15 property owners, spoke stat-32 Streets) Project; Resolution No. 267-10 ing that the addition of sidewalks is not a re-Resolution with respect to the adoption of the quirement of the Americans with Disabilities Resolution of Necessity for the Central Avenue stnd Act and therefore should not be included in Water Main (21 to 32 Street) Project; and this public facility improvement or alteration. Resolution No. 268-10 Approving schedule of Mr. Henry added that there is no discrimination assessments and estimate of total cost for the stnd if no sidewalk exists. Jeff Eddy, 575 Sunset Central Avenue Water Main (21 to 32 Ridge, reiterated that all area property owners Street) Project. Seconded by Braig. Randall submitted a petition at the March 15 meeting Hess, 595 Park Avenue, Belvidere, IA, and against the addition of sidewalks. Mr. Eddy owner of 2691 Central Avenue, spoke in oppo- relayed what information was provided by the sition to the project. Amanda Haas, 2257 Cen- City Attorney’s Office and Engineering De-tral Avenue, spoke in opposition to the im- partment and asked that the area not be provement citing low area incomes and Cen- treated differently than any other area within tral Avenue being a highway. Mel Pothoff, the City. Responding to questions from Coun-17591 Vista Drive, property owner of 2835 and cil addressing the City’s sidewalk policy, Plan-2841 Central Avenue, expressed concerns ning Services Manager Laura Carstens stated over the share of assessment costs and the that sidewalk requirements are addressed effect on home valuations. Joe Puetz, 203 W. through the City’s Unified Development Code, Roosevelt, property owner 2316 Central, site development review process, and by sub-spoke in opposition to the project until a detail division regulations and coordinated through of costs could be provided. Richard Schmitt, the Engineering Department. City Engineer 2249½ Central, asked for a clarification of the Gus Psihoyos stated that reconstruction project and spoke in opposition to it. Michael projects within the past 10 years have included Brennan, 3135 Central, asked for information the addition of sidewalks and only those prop-concerning lead pipe. Kathryn Luher, 525 erties that will abut the proposed sidewalk are Rhomberg Avenue, and owner of 2643 Central assessed. Assistant City Attorney Crenna Avenue, asked for a breakdown of costs and Brumwell addressed interpretation of the ADA concurred with other speakers. Mike Stowers, stating that sidewalks are considered a facility 2413 Central Avenue, asked how much the and since January 1992 alteration of a facility City is paying towards the project and if assis- and new construction must provide access. tance is available for fixed-income property City Attorney Lindahl cited the City’s Unified owners. Responding to questions from City Development Code 11.16 which states there is Council, City Engineer Gus Psihoyos provided a requirement for the construction of sidewalks construction detail and related costs stating in accordance with ADA standards. that the difference in assessments is due to Motion by Braig to amend the motion delet-the east-side placement of the water main ing the sidewalk component from the resolu-adding that property owners are responsible tion approving plans, specifications, form of for their lines from the water main to the stop contract, and estimated cost. Seconded by box and assessments could be lower. Psi- Lynch. City Engineer Gus Psihoyos stated that hoyos also explained payment options and the amendment would cause re-design of the that financial assistance is available for home- 256 Regular Session, July 19, 2010 Book 140 owners only. Water Plant Manager Bob Green NOW THEREFORE,BE IT RESOLVED stated that lead piping repair is not allowed, BY THE CITY COUNCIL OF THE CITY OF and has to be replaced according to current DUBUQUE, IOWA: standards. Green said that service lines will be That the attached plat, schedule of as- evaluated for condition during the project and sessments, and estimate of total cost for the stnd the assessment adjusted and supplied more Central Avenue Water Main (21 – 32 Street) information regarding financial assistance. He Project are hereby approved. th added that trenchless technology is still under Passed, approved and adopted this 19 review. Motion carried 6-0. day of July, 2010. Roy D. Buol, Mayor RESOLUTION NO. 266-10 Attest: Jeanne F. Schneider, CMC, City Clerk APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED CENTRAL AVENUE WATER SERVICE RE- COST FOR THE CENTRAL AVENUE WA-PLACEMENT STND TER MAIN (21 – 32 STREET) PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS NOW THEREFORE, BE IT RESOLVED DATE: July 6, 2010 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The following schedule is hereby deter- That the proposed plans, specifications, mined to show each lot proposed to be as- form of contract and estimated cost for the sessed for the improvement shown in the title stnd Central Avenue Water Main (21 – 32 Street) together with the amount proposed to be as- Project, in the estimated amount $717,771.29, sessed against each lot and the valuations are hereby approved. shown opposite each lot are hereby fixed as th Passed, adopted and approved this 19 the true valuations of such lots by the City day of July, 2010. Council of the City of Dubuque. Roy D. Buol, Mayor PROPERTY OWNER NAME; LOT DE- Attest: Jeanne F. Schneider, CMC, City Clerk SCRIPTION; PARCEL #; NET ASSESSED RESOLUTION NO. 267-10 VALUATION 2010; VALUATION WITH IM- RESOLUTION WITH RESPECT TO THE PROVEMENT; WATER SERVICE PRIVATE ADOPTION OF THE RESOLUTION OF NE-LATERAL COSTS; WATER SERVICE PRI- CESSITY PROPOSED FOR THE CENTRAL VATE LATERAL DEFICIENCY; TOTAL NET STND AVENUE WATER MAIN (21 – 32 ASSESSMENT STREET) PROJECT Leslein, James; Lot 4A & S 1/3 of Lot 5 L H Whereas, the City Council has proposed a Langworthy’s Add; 1024252003; $75,000; Resolution of Necessity for the Central Avenue $85,120.00; $10,120.00; -0-; $10,120.00 stnd Water Main (21 – 32 Street) Project and Leslein, James; BAL S 42' Lot 12 L H has given notice of the public hearing thereon Lang’s Add; 1024207013; $16,700; as required by law; and $19,165.17; $2,465.17; -0-; $2,465.17 Whereas, the public hearing has been Udelhofen, Janet; E77'4"-S35'-N50' Lot6 & held, all persons offering objections have been Lot 2-W122'8"-S35' -N50' Lot 6 ALL IN L H heard and consideration given to all objections Langworthy’s Add; 1024135003; $73,400; and is pending before this Council; and $78,460.00; $5,060.00; -0-; $5,060.00 Whereas, this is the time and place set as National Retail Properties, LP; Lot 2-1 Bea- provided for the taking of action on the pro-trice Foods Place; 1024135005; $501,200; posed Resolution of Necessity. $507,200.00; $6,000.00; -0-; $6,000.00 NOW THEREFORE, BE IT RESOLVED Genesis Three Holdings, LLC; LH Lang’s BY THE CITY COUNCIL OF THE CITY OF Add S 35' of S 60' Lot 10 Except PT for White; DUBUQUE, IOWA: 1024207007; $16,100; $18,565.17; $2,465.17; That the proposed Resolution of Necessity -0-; $2,465.17 described above is hereby adopted, without Genesis Three Holdings, LLC; Lot 4-9 L H amendment, and all objections filed or made Lang’s Add; 1024207003; $161,500; having been duly considered are overruled. $163,965.17; $2,465.17; -0-; $2,465.17 th Passed, adopted and approved this 19 Gerhard, Curtis L.; Lot 3-9 L H Lang’s Add; day of July, 2010. 1024207002; $9,400; $11,865.17; $2,465.17; - Roy D. Buol, Mayor 0-; $2,465.17 Attest: Jeanne F. Schneider, CMC, City Clerk Plastic Center, Inc.; Lot 2"B" L H Langwor- thy’s Add 2204-2204 1/2 & 2206 Central Ave.; RESOLUTION NO. 268-10 1024201006; $243,000; $245,465.17; APPROVING SCHEDULE OF ASSESS- $2,465.17; -0-; $2,465.17 MENTS AND ESTIMATE OF TOTAL COST Coursey, Wayne M. & L. Eileen; Lot 1-1-4D FOR THE CENTRAL AVENUE WATER MAIN L H Langworthy’s Add 2222-2222 1/2 Central STND (21 – 32 STREET) PROJECT Book 140 Regular Session, July 19, 2010 257 Ave.; 1024201005; $163,200; $165,665.17; 1013378012; $112,400; $114,865.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Hartig Realty IV, LC; S 20'8" N25'4" Lot 1, Routley, Jonathan J. & Mary F.; Lot 1-1 F S24'8"Lot 1, N4'8" N25'4" Lot 1, S 18' of 2; Fosselman’s Sub 2420-2420 1/2 Central Ave; 1024129037; $459,200; $474,380.00; 1013378011; $50,300; $52,765.17; $2,465.17; $15,180.00; -0-; $15,180.00 -0-; $2,465.17 Hartig Realty VI, LC; Lot 2 of 4D and Lot 2 Routley, Jonathan J. & Mary F.; Lot 2-1 F of 6F IN L H Langworthy’s Add; 1024201003; Fosselman’s Sub; 1013378010; $40,600; $108,200; $110,665.17; $2,465.17; -0-; $43,065.17; $2,465.17; -0-; $2,465.17 $2,465.17 Straub, Harold H.; N 1/2 - E 180 '- Lot 1-6, Hartig Realty VI, LC; Lot 1 of 1 of 6F IN L. John King's Dubuque; 1013377046; $113,300; H. Langworthy’s Add; 1024130011; $47,000; $118,360.00; $5,060.00; -0-; $5,060.00 $49,465.17; $2,465.17; -0-; $2,465.17 Hess, Richard J. & Nancy M.; N 1/2 Lot 2 Heinold, David M.; W 1/2-S 1/2-Lot 8 "H" L Frank Fosselman’s; 1013378008; $55,100; H Langworthy’s Add; 1024130010; $62,000; $57,565.17; $2,465.17; -0-; $2,465.17 $64,465.17; $2,465.17; -0-; $2,465.17 Frommelt, David C.; S 1/2 & N 1/2 Lot 3 F Winter, Jason W.; W 1/2-S 1/2-Lot 10 "J" L Fosselman’s Sub; 1013378007; $39,300; H Langworthy’s Add; 1024130009; $46,800; $44,230.34; $4,930.34; -0-; $4,930.34 $49,265.17; $2,465.17; -0-; $2,465.17 Heiderscheit, Benjamin L.; NE 1/4 Lot 8 Schmitt, Richard W. & Judy K.; S 1/2 of Lot John King's Dubuque; 1013377044; $42,800; 8 Tivoli Add; 1024129026; $68,100; $47,860.00; $5,060.00; -0-; $5,060.00 $73,160.00; $5,060.00; -0-; $5,060.00 Mootz, Cletus J. & Margaret A.; N 1/2 Lot 4 Conrad, Jr., Ronald J.; N 1/2 of Lot 8 Tivoli & S 12 1/2 Lot 5 Frank Fosselman’s Sub; Add; 1024129025; $61,800; $66,860.00; 1013378005; $72,200; $77,130.34; $4,930.34; $5,060.00; -0-; $5,060.00 -0-; $4,930.34 Haas, Daniel J. & Amanda J.; Lot 9 Tivoli Copeland, Dennis W.; NE 1/4 Lot 10 John Add 2255-2257 Central Ave; 1024129024; King's Dubuque; 1013377042; $73,200; $85,100; $90,160.00; $5,060.00; -0-; $78,260.00; $5,060.00; -0-; $5,060.00 $5,060.00 Sodawasser, Laura; N 15' Lot 6 & S 35' Lot Jellison, Kelly M. Sr., & Dawn M.; Lot 1-7 F Fosselman’s Sub; 1013378002; $89,600; 14N L H Langworthy’s Add; 1024130006; $92,065.17; $2,465.17; -0-; $2,465.17 $8,300; $10,765.17; $2,465.17; -0-; $2,465.17 Bries, Jerome A. & Susan M.; E 1/2-Lot 12, CNI Properties, LLC; Lot 2 Richardson John King's Dubuque; 1013377041; $113,500; Place; 1024130001; $74,700; $77,165.17; $118,560.00; $5,060.00; -0-; $5,060.00 $2,465.17; -0-; $2,465.17 Mueller, Robert E. & Sharon M.; N 34 1/2' Carner Properties, LLC; Lot 1 Valeria Lot 226 & S 25' Lot 227 Davis Farm Add; Place No. 2; 1024126032; $157,600; 1013376018; $88,400; $90,865.17; $2,465.17; $162,660.00; $5,060.00; -0-; $5,060.00 -0-; $2,465.17 Puetz, Joseph F. & Jammie L.; W 1/2-N Pluym, Daniel L. & Susan E.; Lot 1-N 35' of 1/2-Lot 20 L H Langworthy’s Add; W 170' of Lot 227 Davis Farm Add; 1013383006; $39,500; $41,965.17; $2,465.17; 1013376014; $69,500; $71,965.17; $2,465.17; -0-; $2,465.17 -0-; $2,465.17 Smothers, Patricia A.; N 1/2-Lot 21 L H Paar, Laura K.; Lot 2-16-John King's Du- Langworthy’s Add; 1013383004; $85,400; buque; 1013377036; $58,000; $63,060.00; $87,865.17; $2,465.17; -0-; $2,465.17 $5,060.00; -0-; $5,060.00 City Of Dubuque; Lot 4 & N 96' Lot 3 Bre-Finn, James P. & Pamela A.; Lot 1-1-2-1- wery Add; 1013382001; $387,340; 18 John King's Dubuque 2523-2525 Central $399,340.00; $12,000.00; -0-; $12,000.00 Ave.; 1013377035; $84,400; $89,460.00; Maro, Gerald F. & Janelda R.; S 1/2 Lot 2-$5,060.00; -0-; $5,060.00 171 & Lot 1-2-1-171 L H Langworthy’s Add; Delire, Stephen P. & Janet M.; Lots 1,2, & 1013378024; $39,900; $42,365.17; $2,465.17; 4 & Lots 1 & 2 of 3 in Dunn's Sub & Lot 2-1-2- -0-; $2,465.17 1-18 John Kings Dubuque; 1013377034; Schmitz, Lynn F.; Lot 1-10 Wullweber’s $281,200; $291,320.00; $10,120.00; -0-; Sub; 1013377050; $10,000; $15,060.00; $10,120.00 $5,060.00; $1,295.00; $3,765.00 Dubuque Community School; Lots 231, Stowers, Michael R.; Lot 9 Wullweber’s 232, 233, 234, & 235 Lots 1 & 2 of 230, N 28'- Sub; 1013377048; $74,100; $79,160.00; Lot 229, & S 1/2-Lot 236; 1013376020; $5,060.00; -0-; $5,060.00 $747,580; $757,440.00; $9,860.00; -0-; Smith, Steve J.; W 95' Lot 2-172 L H $9,860.00 Langworthy’s Add; 1013378013; $10,500; Even, John W. & Sandra; Lot 1-1-1-241 $12,965.17; $2,465.17; -0-; $2,465.17 Davis Farm Add; 1013314020; $63,600; Smith, Steve J.; Lot 1-172 & W 8' of E 75' $68,660.00; $5,060.00; -0-; $5,060.00 Lot 2 of 172 L H Langworthy’s Add; 258 Regular Session, July 19, 2010 Book 140 Shappel, John J. & Theresa M.; Lot 2-2 of Brimeyer, Randall J.; Lot 257 Davis Farm 238 Davis Farm Add; 1013376001; $67,900; Add; 1013307017; $46,200; $51,260.00; $70,365.17; $2,465.17; -0-; $2,465.17 $5,060.00; -0-; $5,060.00 Silvestri, Michael A & Dorothy; Lot 1-243 Wlochal, Dale G & Linda Ann; Lot 258 Da- Davis Farm Add; 1013314018; $31,700; vis Farm Add; 1013307016; $61,900; $36,760.00; $5,060.00; -0-; $5,060.00 $66,960.00; $5,060.00; -0-; $5,060.00 Genesis Two Holdings, LLC; S 1/2-269 Weiner, Joseph J. & Catalina C.; S 1/2-W Davis Farm Add; 1013328016; $63,100; 170'-281 Davis Farm; 1013308006; $76,090; $65,565.17; $2,465.17; -0-; $2,465.17 $78,555.17; $2,465.17; -0-; $2,465.17 Hess, Richard J. & Nancy M.; E 1/2 of Lot O’Brien, Raymond C. & Mary; N 1/2 - W 246 Davis Farm Add; 1013314014; $43,500; 170'-281 Davis Farm Add; 1013308005; $48,560.00; $5,060.00; -0-; $5,060.00 $58,020; $60,485.17; $2,465.17; -0-; Harrison, Gloria & James W.; Lot 247 Da-$2,465.17 vis Farm Add; 1013314012; $58,800; Jaeger, Theodore L. & Agnese L.; W 170'- $63,860.00; $5,060.00; -0-; $5,060.00 1-282, & W 170'-S 1/2 of 283 Davis Farm Add; Luher, Kathryn Marie; Lot 248 Davis Farm 1013308003; $79,200; $81,665.17; $2,465.17; Add; 1013314011; $71,300; $76,360.00; -0-; $2,465.17 $5,060.00; -0-; $5,060.00 Koster, Randall J. & Susan M.; Lot 262 Wedert, Joseph W. & Kathleen M.; N 1/2-E Davis Farm Add; 1013307012; $82,100; 1/2-272 Davis Farm Add; 1013328022; $87,160.00; $5,060.00; -0-; $5,060.00 $64,300; $69,360.00; $5,060.00; -0-; Barger, Shauntae D.; S 23.5' of E 112' of $5,060.00 Lot 263 Davis Farm Add; 1013160002; Kuhle, Mark J. & Karen M.; W 85'-S 1/2-$55,700; $60,760.00; $5,060.00; -0-; 274 Davis Farm Add; 1013328006; $47,800; $5,060.00 $50,265.17; $2,465.17; -0-; $2,465.17 Wittman, Marlin L. & Fonda F.; W 84'-W Then, Richard Henry; N 28'-275 DAVIS 170'-287 Davis Farm; 1013156015; $74,900; Farm Add; 1013328003; $59,600; $62,065.17; $77,365.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Tittle, Robert G. & Mary L.; S 1/2-W 170'- Schmitt, Gary C. & Mary Lou; E 1/2 of Lot 288 Davis Farm; 1013156014; $51,400; 250 Davis Farm Add; 1013314009; $52,600; $53,865.17; $2,465.17; -0-; $2,465.17 $57,660.00; $5,060.00; -0-; $5,060.00 Schmitt, Darlene M. & Willis C.; Lot 2-265 Hess, Randall J. & Shirley M.; Lot 251 & S Davis Farm Add; 1013155012; $72,900; 1/2 of Lot 252, Davis Farm Add; 1013307024; $77,960.00; $5,060.00; -0-; $5,060.00 $44,100; $54,220.00; $10,120.00; -0-; Sarris - Matheos, Debbie S. & Michael; Lot $10,120.00 2-W 170' - 290 Davis Farm; 1013156010; Vogt, Emil F. & Delaine; Lot 253 & N 1/2 of $81,900; $84,365.17; $2,465.17; -0-; Lot 252, Davis Farm Add; 1013307023; $2,465.17 $1,800; $11,920.00; $10,120.00; $7,140.00; Maus, Richard A. & Neva M.; N 1/2-W $2,980.00 170'-291 Davis Farm; 1013156008; $68,700; Jones, James C. Jr., & Shirley A.; Lot 1-W $71,165.17; $2,465.17; -0-; $2,465.17 170'-278 Davis Farm; 1013308010; $74,900; Dietz, Donald J. & Susan M.; S 39'6" of Lot $77,365.17; $2,465.17; -0-; $2,465.17 2 G R West's Dubuque; 1013155007; Vogt, Delaine A.; Lot 254, Davis Farm Add; $60,100; $65,160.00; $5,060.00; -0-; 1013307022; $64,800; $69,860.00; $5,060.00; $5,060.00 -0-; $5,060.00 Pothoff, Alvin J. & Kathryn E.; N 20.5' of Schmitt, Eugene F. Jr.; Lot 2-W 170' of Lot Lot 2 & S 3' of Lot 3 G R West's Add; 278 Davis Farm Add; 1013308009; $59,400; 1013155006; $58,700; $63,760.00; $5,060.00; $61,865.17; $2,465.17; -0-; $2,465.17 -0-; $5,060.00 Kaune, David M.; W 170'-279 Davis Farm Pothoff, Alvin J. & Kathie E.; Lot 2 of N 57' Add; 1013308008; $60,700; $63,165.17; of Lot 3 IN G R West’s Add; 1013155005; $2,465.17; -0-; $2,465.17 $49,700; $54,760.00; $5,060.00; -0-; Farfan, Santos L. & Salome; Lot 255 David $5,060.00 Farm Add; 1013307021; $15,500; $20,560.00; Lyle, Robin M.; Lot 1-W 170'-292 Davis $5,060.00; -0-; $5,060.00 Farm; 1013156020; $73,800; $78,860.00; Farfan, Santos L. & Salome; S 1/2 of Lot $5,060.00; -0-; $5,060.00 256 Davis Farm Add 2735-2735 1/2 Central Keuter, Mark & Jessica; W 1/2-294 Davis Ave.; 1013307020; $64,200; $69,260.00; Farm Add; 1013156004; $85,220; $87,685.17; $5,060.00; -0-; $5,060.00 $2,465.17; -0-; $2,465.17 Schromen, Eldon L. & Mildred; W 170'-280 Johnson, Keith A.; W 80'-E 1/2-294 Davis Davis Farm Add; 1013308007; $101,600; Farm Add; 1013156018; $91,800; $94,265.17; $104,065.17; $2,465.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Reiff, Albert J. & Melissa L.; Lot 1-N 2'-W 170' of 295 & Lot 1-1 W 170' of 296 Davis Book 140 Regular Session, July 19, 2010 259 Farm Add 2880-2882 Central Ave.; Lau, Brian A.; W 170' of Lot 317 Davis 1013156002; $88,100; $90,565.17; $2,465.17; Farm; 1014233007; $116,330; $118,795.17; -0-; $2,465.17 $2,465.17; -0-; $2,465.17 Fuller, Raymond M.; W 85' of W 170' of Lot Brennan, Michael & Knockel,; Lot 22 AND 297 Davis Farm Add; 1013152014; $74,300; S 45' of Lot 23 IN G R West’s Add; $76,765.17; $2,465.17; -0-; $2,465.17 1014232021; $115,400; $125,520.00; Kernall, Kris D. & Mary K.; N 30' of W 170' $10,120.00; -0-; $10,120.00 of Lot 298 Davis Farm Add; 1013152012; Hohl, Theodore R. & Muriel; Lot 1 Kretz $63,300; $65,765.17; $2,465.17; -0-; Corner; 1014233018; $445,500; $447,965.17; $2,465.17 $2,465.17; -0-; $2,465.17 TOTALS; $432,305.03; $8,435.00; Holy Ghost Church; Lots 2-3 & 4-2 McDa- $423,870.03 niel’s Park Hill Lots 4,5,6,6A,7,8,1-9 all in GR West Dub; 1013155002; $1,143,750; $1,149,750.00; $6,000.00; -0-; $6,000.00 Amended and Restated Urban Renewal Gateways to Home; S 1/2 of W 170' of 301 Plan for the Greater Downtown Urban Renew- Davis Farm Add; 1013152009; $66,600; al District: Proof of publication on notice of $69,065.17; $2,465.17; -0-; $2,465.17 public hearing to consider an amendment to Henkels, Francis Wm.; S 1/2 of W 170' of the Urban Renewal Plan for the Greater Down- Lot 302 Davis Farm Add; 1013152007; town Urban Renewal District to add the Bluff $95,000; $97,465.17; $2,465.17; -0-; Street Subarea and City Manager recommend- $2,465.17 ing approval. Long Range Planning Advisory Vonhollen, Herbert C. & Verna; N 1/2 of W Commission recommending approval of the 170' of Lot 302 Davis Farm Add; 1013152006; amended and restated Urban Renewal Plan $67,300; $69,765.17; $2,465.17; -0-; for the Greater Downtown Urban Renewal $2,465.17 District. Motion by Jones to receive and file the Otting, Jasen & Tracy; Lot 13 G R West’s documents and adopt Resolution No. 269-10 Add; 1014232030; $83,000; $88,060.00; Approving the amended and restated Urban $5,060.00; -0-; $5,060.00 Renewal Plan for the Greater Downtown Ur- Staver, Christopher T.; Lot 2 of Lot 308 ban Renewal District. Seconded by Connors. Davis Farm; 1013151006; $10,600; Motion carried 6-0. $13,065.17; $2,465.17; -0-; $2,465.17 RESOLUTION NO. 269-10 Schroeder, Richard J. & Lois J.; Lot 14 G R APPROVING THE AMENDED AND RES- West’s Dub Add; 1014232029; $50,600; TATED URBAN RENEWAL PLAN FOR THE $55,660.00; $5,060.00; -0-; $5,060.00 GREATER DOWNTOWN URBAN RENEWAL Hartzell, Craig H. & Rose A.; W 170' of Lot DISTRICT. 309 Davis Farm; 1013151002; $145,200; $147,665.17; $2,465.17; -0-; $2,465.17 Whereas, on June 7, 2010 the City Council Duggan, Dustan J.; W 170' of Lot 310 Da-of the City of Dubuque, Iowa authorized the vis Farm Add; 1013151001; $128,300; preparation of an Amended and Restated Ur- $130,765.17; $2,465.17; -0-; $2,465.17 ban Renewal Plan (the "Plan") for the Greater Lewin, Jennifer L.; Lot 16 G R West’s Add; Downtown Urban Renewal District (the "Dis- 1014232027; $96,200; $101,260.00; trict"); and $5,060.00; -0-; $5,060.00 Whereas, the City of Dubuque's primary Miller, Franklin W. Jr. & Sheree; W 170' of objective in amending this Plan is to provide Lot 312 Davis Farm; 1014233015; $113,800; opportunities for further redevelopment and $116,265.17; $2,465.17; -0-; $2,465.17 reinvestment in the downtown; and Eisbach, Dorothy; W 85' of W 170' of Lot Whereas, the Long Range Planning Com- 313 Davis Farm Add; 1014233011; $82,700; mission has reviewed the proposed Plan and $85,165.17; $2,465.17; -0-; $2,465.17 has found that said document is consistent Herrig, John W. & Sally Jo; Lot 17 G R with the Comprehensive Plan for the develop- West’s Add; 1014232026; $20,700; ment of the City of Dubuque as a whole and $25,760.00; $5,060.00; -0-; $5,060.00 has transmitted its findings to the City Council; Herrig, John W. & Sally Jo; Lot 18 G R and West’s Add; 1014232025; $111,100; Whereas, a consultation process has been $116,160.00; $5,060.00; -0-; $5,060.00 undertaken with affected taxing entities in ac- Stiles, Jeff Johnston; W 100' of N 50' of W cordance with Chapter 403 of the Code of 170' of Lot 315 Davis Farm Add; 1014233009; Iowa with no written objections or recom- $71,900; $74,365.17; $2,465.17; -0-; mended changes to the Plan received; and $2,465.17 Whereas, the City Council, in accordance Stierman, Tinya M.; W 170' of Lot 316 Da-with Chapter 403 of the Code of Iowa, has vis Farm Add; 1014233008; $74,900; held a public hearing on the proposed $77,365.17; $2,465.17; -0-; $2,465.17 amended and restated Plan after public notice thereof. 260 Regular Session, July 19, 2010 Book 140 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2011 budget and City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 270-10 Approving Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 270-10 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011. Be it Resolved by the Council of the City of DUBUQUE: Section 1. Following notice published and the public hearing held, 7/21/2010, the current budget is amended as set out herein and in the detail by fund type and activity that sup- ports this resolution which was considered at (continued) that hearing: Book 140 Regular Session, July 19, 2010 261 Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 19,177,697 0 19,177,697 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 19,177,697 0 19,177,697 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,080,612 0 9,080,612 Other City Taxes 6 14,628,325 0 14,628,325 Licenses & Permits 7 1,187,750 0 1,187,750 Use of Money and Property 8 17,204,673 0 17,204,673 Intergovernmental 9 41,810,047 0 41,810,047 Charges for Services 10 29,434,587 102,547 29,537,134 Special Assessments 11 229,000 0 229,000 Miscellaneous 12 6,930,645 0 6,930,645 Other Financing Sources 13 52,271,840 -1,263,071 51,008,769 Total Revenues and Other Sources 14 191,955,176 -1,160,524 190,794,652 Expenditures & Other Financing Uses Public Safety 15 23,226,178 0 23,226,178 Public Works 16 11,236,376 0 11,236,376 Health and Social Services 17 864,254 0 864,254 Culture and Recreation 18 9,212,448 180,084 9,392,532 Community and Economic Development 19 11,678,675 0 11,678,675 General Government 20 6,912,832 0 6,912,832 Debt Service 21 6,445,719 -728,976 5,716,743 Capital Projects 22 36,937,109 167,971 37,105,080 Total Government Activities Expenditures 23 106,513,591 -380,921 106,132,670 Business Type / Enterprises 24 61,034,759 0 61,034,759 Total Gov Activities & Business Ex- penditures 25 167,548,350 -380,921 167,167,429 Transfers Out 26 23,426,759 0 23,426,759 Total Expenditures/Transfers Out 27 190,975,109 -380,921 190,594,188 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 980,067 -779,603 200,464 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 23,257,306 0 23,257,306 Ending Fund Balance June 30 31 24,237,373 -779,603 23,457,770 th Passed this 19 day of July, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 262 Regular Session, July 19, 2010 Book 140 Water Revenue Bonds: Proof of publication General Obligation Urban Renewal Bonds: on notice of public hearing to consider the is-Proof of publication on notice of public hearing suance of not to exceed $5,700,000 Water to consider the issuance of not to exceed Revenue Bonds for water main replacements $3,000,000 in General Obligation Urban Re- and other water system improvements and newal Bonds for downtown improvements and City Manager recommending approval. Motion City Manager recommending approval. Motion by Connors to receive and file the documents by Jones to receive and file the documents and adopt Resolution No. 271-10 Instituting and adopt Resolution No. 272-10 Instituting proceedings to take additional action for the proceedings to take additional action for the issuance of not to exceed $5,700,000 Water issuance of not to exceed $3,000,000 General Revenue Bonds. Seconded by Braig. Motion Obligation Urban Renewal Bonds. Seconded carried 6-0. by Lynch. Motion carried 6-0. RESOLUTION NO. 271-10 RESOLUTION NO. 272-10 RESOLUTION INSTITUTING PROCEEDINGS RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $5,700,000 ISSUANCE OF NOT TO EXCEED $3,000,000 WATER REVENUE BONDS GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, a public meeting and hearing Whereas, pursuant to notice published as has been held upon the proposal to institute required by law, this Council has held a public proceedings for the issuance of not to exceed meeting and hearing upon the proposal to in- $5,700,000 Water Revenue Bonds for the pur-stitute proceedings for the issuance of not to pose of paying costs of constructing and exceed $3,000,000 General Obligation Urban equipping improvements and extensions to the Renewal Bonds, for the purpose of paying Municipal Water System; and the extent of costs of aiding in the planning, undertaking objections received from residents or property and carrying out of urban renewal project ac- owners as to the proposed issuance of Bonds tivities under the authority of Chapter 403 of has been fully considered; and, accordingly the Code of Iowa and the Amended and Res- the following action is now considered to be in tated Urban Renewal Plan for the Greater the best interests of the City and residents Downtown Urban Renewal Area, including thereof. those costs associated with construction of NOW, THEREFORE, BE IT RESOLVED parking improvements and landscape projects BY THE CITY COUNCIL OF THE CITY OF within the Greater Downtown Urban Renewal DUBUQUE, STATE OF IOWA: Area, and no petition was filed calling for a Section 1. That this governing body does referendum thereon. The following action is hereby institute proceedings and takes addi-now considered to be in the best interests of tional action for the sale and issuance in the the City and residents thereof. manner required by law of not to exceed NOW, THEREFORE, BE IT RESOLVED $5,700,000 Water Revenue Bonds for the BY THE CITY COUNCIL OF THE CITY OF foregoing purpose. DUBUQUE, IOWA: Section 2. This Resolution shall serve as a Section 1. That this Council does hereby declaration of official intent under Treasury institute proceedings and take additional action Regulation 1.150-2 and shall be maintained on for the sale and issuance in the manner re- file as a public record of such intent. It is rea-quired by law of not to exceed $3,000,000 sonably expected that the water utility funds General Obligation Urban Renewal Bonds, for may be advanced from time to time for capital the foregoing purposes. th expenditures which are to be paid from the Passed and approved this 19 day of July, proceeds of the above Bonds. The amounts so 2010. advanced shall be reimbursed from the Roy D. Buol, Mayor proceeds of the Bonds not later than eighteen Attest: Jeanne F. Schneider, CMC, City Clerk months after the initial payment of the capital expenditures or eighteen months after the General Obligation Bonds and Refunding property is placed in service. Such advance-General Obligation Bonds: Proof of publication ments shall not exceed the amount authorized on notice of public hearing to consider the is- in this Resolution unless the same are for pre-suance of not to exceed $4,575,000 General liminary expenditures or unless another decla-Obligation Bonds for various City projects and ration of intention is adopted. refunding Series 2002B General Obligation th Passed and approved this 19 day of July, Bonds and City Manager recommending ap- 2010. proval. Motion by Braig to receive and file the Roy D. Buol, Mayor documents and adopt Resolution No. 273-10 Attest: Jeanne F. Schneider, CMC, City Clerk Instituting proceedings to take additional action for the issuance of not to exceed $4,575,000 Book 140 Regular Session, July 19, 2010 263 General Obligation Bonds. Seconded by Roy D. Buol, Mayor Jones. Motion carried 6-0. Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 273-10 Catfish Creek Generator Installation RESOLUTION INSTITUTING PROCEEDINGS Project: Proof of publication on notice of public TO TAKE ADDITIONAL ACTION FOR THE hearing to consider the plans and specifica- ISSUANCE OF NOT TO EXCEED $4,575,000 tions, form of contract and estimated cost for GENERAL OBLIGATION BONDS the Catfish Creek Generator Installation Whereas, pursuant to notice published as Project and City Manager recommending ap- required by law, this Council has held a public proval. Motion by Jones to receive and file the meeting and hearing upon the proposal to in-documents and adopt Resolution No. 274-10 stitute proceedings for the issuance of not to Approving plans, specifications, form of con- exceed $4,575,000 General Obligation Bonds, tract, and estimated cost for the Catfish Creek for the essential corporate purposes of paying Generator Installation Project. Seconded by costs of improvements and extensions to the Resnick. Motion carried 6-0. municipal sanitary sewer and storm water RESOLUTION NO. 274-10 drainage systems; equipping the sanitation APPROVAL OF PLANS, SPECIFICATIONS, and road departments; improving the City air- FORM OF CONTRACT, AND ESTIMATED port grounds and facilities; the acquisition of COST FOR THE CATFISH CREEK PUMPING land and other costs associated with the Bee STATION GENERATOR PROJECT Branch storm water project; rehabilitation and improvement of City parks; construction, re-NOW THEREFORE, BE IT RESOLVED construction and repair of sidewalks; im-BY THE CITY COUNCIL OF THE CITY OF provement and installation of street lighting DUBUQUE, IOWA: fixtures, connections and facilities; street im-That the proposed plans, specifications, provements, including installation of fiber optic form of contract and estimated cost for the conduit; and refunding and refinancing of cer-Catfish Creek Pumping Station Generator tain outstanding indebtedness of the City, in-Project, in the estimated amount $120,000 are cluding the General Obligation Bonds, Series hereby approved. th 2002B, dated June 1, 2002, and has consi-Passed, adopted and approved this 19 dered the extent of objections received from day of July, 2010. residents or property owners as to the pro-Roy D. Buol, Mayor posed issuance of Bonds; and, accordingly the Attest: Jeanne F. Schneider, CMC, City Clerk following action is now considered to be in the best interests of the City and residents thereof. US 52 Traffic Flow Enhancement Project: NOW, THEREFORE, BE IT RESOLVED Proof of publication on notice of public hearing BY THE CITY COUNCIL OF THE CITY OF to consider the plans and specifications, form DUBUQUE, IOWA: of contract and estimated cost for the US 52 Section 1. That this Council does hereby Traffic Flow Enhancement Project and City institute proceedings and take additional action Manager recommending approval. Motion by for the sale and issuance in the manner re-Lynch to receive and file the documents and adopt quired by law of not to exceed $4,575,000 Resolution No. 275-10 Approving plans, specifica- General Obligation Bonds for the foregoing tions, form of contract, and estimated cost for the essential corporate purposes. US 52 Traffic Flow Enhancement Project. Section 2. This Resolution shall serve as a Seconded by Braig. Motion carried 6-0. declaration of official intent under Treasury RESOLUTION NO. 275-10 Regulation 1.150-2 and shall be maintained on APPROVAL OF PLANS, SPECIFICATIONS, file as a public record of such intent. It is rea- FORM OF CONTRACT, AND ESTIMATED sonably expected that the general fund mo- COST FOR THE US 52 TRAFFIC FLOW EN- neys may be advanced from time to time for HANCEMENT PROJECT capital expenditures which are to be paid from the proceeds of the above Bonds. The NOW THEREFORE, BE IT RESOLVED amounts so advanced shall be reimbursed BY THE CITY COUNCIL OF THE CITY OF from the proceeds of the Bonds not later than DUBUQUE, IOWA: eighteen months after the initial payment of the That the proposed plans, specifications, capital expenditures or eighteen months after form of contract and estimated cost for the US the property is placed in service. Such ad-52 Traffic Flow Enhancement Project, in the vancements shall not exceed the amount au-estimated amount $1,251,092.00, are hereby thorized in this Resolution unless the same are approved. th for preliminary expenditures or unless another Passed, adopted and approved this 19 declaration of intention is adopted. day of July, 2010. th Passed and approved this 19 day of July, Roy D. Buol, Mayor 2010. Attest: Jeanne F. Schneider, CMC, City Clerk 264 Regular Session, July 19, 2010 Book 140 REINSTATE THE RULES from City Council regarding calculation of sta- tistics and margin of error. Motion carried 6-0. Upon motion the rules were reinstated li- miting discussion to the City Council. Highway 151/61 Development Agreement – Amendment: City Manager recommending ACTION ITEMS approval of Amendment #4 to the Highway 151/61 Development Agreement and acquisi- Safe Community Task Force: City Manager tion of Bee Branch right-of-way. Motion by submitting the second set of recommendations Connors to receive and file the documents and from the Safe Community Task Force. Motion adopt Resolution No. 276-10 Authorizing by Connors to receive and file the documents Amendment #4 to a Development Agreement and refer the recommendations to staff. with Highway 151/61 Development, Inc. and Seconded by Braig. Urban Strategies facilita-acquisition of Bee Branch right-of-way. tors Susan Glassman and Carlotta Paige pro-Seconded by Braig. Motion carried 6-0. vided a slide presentation on Urban Strategies RESOLUTION NO. 276-10 and their recent work with the Safe Community AUTHORIZING AMENDMENT NUMBER 4 Task Force. Subcommittee updates were pro- TO A DEVELOPMENT AGREEMENT WITH vided by Doug Stillings (Research and Facts), HWY 151 & 61 DEVELOPMENT, INC. AND Joe Knoll (Enforcement), Mary Rae Braig ACQUSITION OF BEE BRANCH ROW (Management of Physical Enforcement), Lynn Sutton (Neighborhood Engagement), and Mi-Whereas, the City Council of the City of chael Van Milligen (Section 8 Housing Choice Dubuque, Iowa, approved a Development Voucher Program). Responding to questions Agreement for the redevelopment of the from City Council, Police Chief Mark Dalsing Smithfield (former Dubuque Pack) site on June stated that enforcing a juvenile curfew would 5, 2006; and have to involve a social agency resource. Whereas, the timing of certain aspects of Connors clarified the recommendation for a the redevelopment plan have changed since Safe Community Commission. Housing and the original agreement was authorized; and Community Development Director David Harris Whereas, the agreement at that time was clarified how much rent the City can pay to-based on conceptual plans for this drainage ward the Section 8 program per HUD require-project and the City now has a final design for ments. Council expressed their gratitude for the Bee Branch ROW; and the work of all the Task Force volunteers and Whereas, it is mutually beneficial to move facilitators. Buol suggested scheduling a work forward with this redevelopment project with session and that the Task Force’s recommen-revised time lines. dation be given to staff for further considera-NOW, THEREFORE, BE IT RESOLVED tion with a quick response back to Council. BY THE CITY COUNCIL OF THE CITY OF Motion carried 6-0. DUBUQUE, IOWA: Section 1. That the Amendment Number 4 Dubuque Arboretum and Botanical Gar-to the Development Agreement by and be- dens: Communication from Jack Frick and tween the City of Dubuque and Hwy 151 & 61 Norma Denlinger, Dubuque Arboretum and Development, LLC attached hereto, is hereby Botanical Gardens, regarding their “Securing approved. the Future” fund raising campaign and naming Section 2. That the Mayor and City Clerk opportunities and rights for roads in the Arbo-are hereby authorized and directed to execute, retum. Motion by Connors to receive and file on behalf of the City of Dubuque, Iowa, said and support the campaign. Seconded by Development Agreement. Jones. Campaign Committee Chair Norma Passed, approved and adopted this 19th Denlinger and Campaign Treasurer Mel day of July, 2010. Graves spoke in support of the campaign. Mo-Roy D. Buol, Mayor tion carried 6-0. Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Greenhouse Gas Inventory: City Downtown Housing Incentive Awards: City Manager submitting the Greenhouse Gas In-Manager recommending approval of three ventory and requesting that a work session be projects to receive certain incentives to create scheduled to explore the establishment of a new housing units within the Greater Down- Municipal Climate Action Plan. Motion by town Urban Renewal District. Motion by Jones Jones to receive and file documents and to receive and file the documents and adopt Reso- schedule a work session. Seconded by Con-lution No. 277-10 Approving certain awards from nors. Sustainable Community Coordinator Cori the Downtown Housing Incentive Pool to create Burbach provided a slide presentation. Ms new market-rate housing units within the Greater Burbach and Green Dubuque Representative Downtown Urban Renewal District. Seconded by Raki Gianakouros responded to questions Connors. Motion carried 6-0. Book 140 Regular Session, July 19, 2010 265 RESOLUTION NO. 277-10 gation Urban Renewal Bonds, Series 2010B APPROVING CERTAIN AWARDS FROM and General Obligation Urban Renewal THE DOWNTOWN HOUSING INCENTIVE Bonds, Series 2010C. Motion by Connors to POOL TO CREATE NEW MARKET-RATE receive and file the documents and adopt HOUSING UNITS WITHIN THE GREATER Resolution No. 278-10 Directing the adver- DOWNTOWN URBAN RENEWAL DISTRICT tisement for sale of $4,470,000 General Obli- Whereas, the City of Dubuque has been gation Bonds, Series 2010A, $2,675,000 Tax- successful in encouraging job creation and able General Obligation Urban Renewal Bonds retention in the community for several years; Series 2010B and, $2,825,000 General Obli- and gation Urban Renewal Bonds, Series 2010C. Whereas, many of the City of Dubuque’s Seconded by Jones. Motion carried 6-0. new residents have a strong desire to live near RESOLUTION NO. 278-10 work and entertainment; and RESOLUTION DIRECTING THE ADVERTI- Whereas, a significant shortage of quality SEMENT FOR SALE OF $4,470,000 GEN- market-rate rental and owner-occupied resi- ERAL OBLIGATION BONDS, SERIES dential units exists and efforts are needed to 2010A, $2,675,000 TAXABLE GENERAL encourage new development of such units; OBLIGATION URBAN RENEWAL BONDS, and SERIES 2010B, AND $2,825,000 GENERAL Whereas, several downtown residential OBLIGATION URBAN RENEWAL BONDS, development projects need financial assis- SERIES 2010C, AND APPROVING ELEC- tance to secure funding for such project; and TRONIC BIDDING PROCEDURES Whereas, the City received several appli- cations for assistance from a Request for Pro-Whereas, the City of Dubuque, Iowa (the posals due May 24, 2010; and "City") is in need of funds to pay costs of im- Whereas, such proposals have been re-provements and extensions to the municipal viewed by a recommendation committee. sanitary sewer and storm water drainage sys- NOW THEREFORE, BE IT RESOLVED tems; equipping the sanitation and road de- BY THE CITY COUNCIL OF THE CITY OF partments; improving the City airport grounds DUBUQUE, IOWA: and facilities; the acquisition of land and other Section 1. The City Council approves the costs associated with the Bee Branch storm following projects to receive financial assis-water project; rehabilitation and improvement tance for the creation of market-rate housing of City parks; construction, reconstruction and units within the Greater Downtown Urban Re-repair of sidewalks; improvement and installa- newal District: tion of street lighting fixtures, connections and facilities; street improvements, including instal- lation of fiber optic conduit; and refunding and Hous- Assis- Address Developer ing refinancing of certain outstanding indebted- tance Units ness of the City, including the General Obliga- 73 CHS tion Bonds, Series 2002B, dated June 1, 2002, Forwards, essential corporate purpose projects, and it is 299 LLC $210,000 Main 21 deemed necessary and advisable that the City (Cooper Wa-Grant Street issue general obligation bonds for said pur- gon pose in the amount of not to exceed Works Bldg.) $4,575,000 as authorized by Section 384.25 of 426-428 the City Code of Iowa; and 4 th W. 5 St. Whereas, pursuant to notice published as The Fischer $110,000 Companies Grant required by Section 384.25 this Council has 951-965 7 held a public meeting and hearing upon the Main St. proposal to institute proceedings for the is- suance of the above described Bonds, and all Section 2. That the City Manager is hereby objections, if any, to such Council action made authorized and directed to execute Incentive by any resident or property owner of said City Agreements for the approved projects. were received and considered by the Council; th Passed, approved and adopted this 19 and it is the decision of the Council that addi- day of July, 2010. tional action be taken for the issuance of said Roy D. Buol, Mayor Bonds, and that such action is considered to Attest: Jeanne F. Schneider, CMC, City Clerk be in the best interests of said City and the residents thereof; and Sale of General Obligation Bonds and Whereas, the City also is in need of funds General Obligation Urban Renewal Bonds: to pay costs of aiding in the planning, under- City Manager recommending approval of the taking and carrying out of urban renewal advertisement for sale of General Obligation project activities under the authority of Chapter Bonds, Series 2010A, Taxable General Obli- 403 of the Code of Iowa and the Amended and 266 Regular Session, July 19, 2010 Book 140 Restated Urban Renewal Plan for the Greater Whereas, pursuant to Section 384.28 of Downtown Urban Renewal Area, including the Code of Iowa, it is appropriate to offer the those costs associated with the construction of foregoing Bonds for sale in three separate street, stormwater, sanitary sewer, water, fiber series, in the aggregate principal amounts as optic, parking and other public improvements hereinafter described; and in the Historic Millwork District, and the funding Whereas, a preliminary form of Official of grants, loans and other financial assistance Statement has been prepared for the purpose to private developers to assist in rehabilitation of offering the Bonds for sale to the public; and of existing buildings and construction of hous-Whereas, it is appropriate that the form of ing development projects in the Millwork Dis-the preliminary Official Statement be approved trict, and it is deemed necessary and advisable and deemed final and, upon completion of the that the City issue general obligation urban same, that the preliminary Official Statement renewal bonds for said purpose to the amount be used in connection with the offering of the of not to exceed $2,500,000 as authorized by Bonds for sale to the public; and Sections 403.12 and 384.24(3)(q) of the Code Whereas, the Council has received infor- of Iowa; and mation from its Financial Consultant recom- Whereas, pursuant to notice published as mending that sealed and electronic facsimile required by Sections 403.12 and 384.24(3)(q) and internet bidding be authorized for the sale this Council has held a public meeting and of the Bonds, and that such procedures will hearing upon the proposal to institute proceed-maintain the integrity and security of the com- ings for the issuance of the above described petitive bidding process and facilitate the deli- Bonds, and no petitions were filed calling for very of bids by interested parties; and an election thereon and all objections, if any, Whereas, the Council deems it in the best to such Council action made by any resident or interests of the City and the residents thereof property owner of said City were received and to receive bids to purchase such Bonds by considered by the Council; and it is the deci-means of sealed and electronic facsimile and sion of the Council that additional action be internet communication. taken for the issuance of said Bonds, and that NOW, THEREFORE, BE IT RESOLVED such action is considered to be in the best BY THE CITY COUNCIL OF THE CITY OF interests of said City and the residents thereof; DUBUQUE, IOWA: and Section 1. That the receipt of electronic Whereas, the City also is in need of funds bids by facsimile machine and through the © to pay costs of aiding in the planning, under-PARITY competitive bidding system de- taking and carrying out of urban renewal scribed in the Notice of Sale are hereby found project activities under the authority of Chapter and determined to provide reasonable security 403 of the Code of Iowa and the Amended and and to maintain the integrity of the competitive Restated Urban Renewal Plan for the Greater bidding process, and to facilitate the delivery of Downtown Urban Renewal Area, including bids by interested parties in connection with those costs associated with construction of the offering of the Bonds hereinafter described parking improvements and landscape projects at public sale. within the Greater Downtown Urban Renewal Section 2. That the preliminary Official Area, and it is deemed necessary and advisa-Statement in the form presented to this meet- ble that the City issue general obligation urban ing be and the same hereby is approved as to renewal bonds for said purpose to the amount form and deemed final for purposes of Rule of not to exceed $3,000,000 as authorized by 15c2-12 of the Securities and Exchange Sections 403.12 and 384.24(3)(q) of the Code Commission, subject to such revisions, correc- of Iowa; and tions or modifications as the Finance Director, Whereas, pursuant to notice published as upon the advice of bond counsel and the City's required by Sections 403.12 and 384.24(3)(q) financial consultant, shall determine to be ap- this Council has held a public meeting and propriate, and is authorized to be distributed hearing upon the proposal to institute proceed-thereafter in connection with the offering of the ings for the issuance of the above described Bonds for sale. Bonds, and no petitions were filed calling for Section 3. That the City Clerk be and is he- an election thereon and all objections, if any, reby authorized and directed to publish notice to such Council action made by any resident or of sale of said Bonds at least once, the last property owner of said City were received and one of which shall be not less than four clear considered by the Council; and it is the deci-days nor more than twenty days before the sion of the Council that additional action be date of the sale. Publication shall be made in taken for the issuance of said Bonds, and that the Telegraph Herald, a legal newspaper, such action is considered to be in the best printed wholly in the English language, pub- interests of said City and the residents thereof; lished within the county in which the Bonds are and to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of Book 140 Regular Session, July 19, 2010 267 the Code of Iowa, and shall state that this 14-1G-1: FUEL GAS CODE ADOPTED: Council, on the 2nd day of August, 2010, at Except as hereinafter added to, deleted, 6:30 o'clock P.M., will hold a meeting to re-modified or amended, there is hereby adopted ceive and act upon bids for said Bonds; said by reference as the fuel gas code of the city notice to be in substantially the [provided] that certain fuel gas code known as the inter- form. national fuel gas code, 2009 edition, as pre- th Passed and approved this 19 day of July, pared and edited by the International Code 2010. Council (ICC), and the provisions of such fuel Roy D. Buol, Mayor gas code shall be controlling for the installa- Attest: Jeanne F. Schneider, CMC, City Clerk tion, maintenance and use of fuel gas piping systems, fuel gas utilization equipment, ga- Rebranding Committee for Keyline Transit: seous hydrogen systems and related accesso- City Manager requesting that at least one City ries within the corporate limits of the city and Council member volunteer to participate on the shall be known as the Dubuque fuel gas code. Rebranding Committee for Keyline and attend A copy of the international fuel gas code, 2009 th a public meeting on July 29 at 2:30 p.m. at edition, as adopted, shall be on file in the office the Prescott Neighborhood Resource Center. of the city clerk for public inspection. Motion by Connors to receive and file the doc-Section 2. Section 406.4.1 Test Pressure uments. Seconded by Jones. Connors volun-and 406.4.2 Test Duration shall be deleted and teered to be the Council representative. Motion replaced with the following: carried 6-0. The test pressure to be used shall be 15 PSI for 15 minutes with a 30 PSI gauge 2009 International Fuel Gas Code: City maximum pound increments on all natural Manager recommending adoption of the 2009 and LP fuel gas piping systems of 2 PSI or International Fuel Gas Code. Motion by Jones less. For fuel piping systems greater than 2 to receive and file the documents and that the PSI the test pressure shall be 50 PSI for 30 requirement that a proposed ordinance be minutes with a 100 PSI gauge maximum 2 considered and voted on for passage at two pound increments. Council meetings prior to the meeting at which Section 3. This Ordinance shall take effect it is to be passed be suspended. Seconded by on publication. th Connors. Motion carried 6-0. Passed, approved and adopted this 19 Motion by Jones for final consideration and day of July, 2010. passage of Ordinance No. 39-10 Amending /s/Roy D. Buol, Mayor City of Dubuque Code of Ordinances Title 14 Attest: Building Development, Chapter 1 Building /s/Jeanne F. Schneider, CMC, City Clerk Codes, Article G Fuel Gas Code, Section 14-Published officially in the Telegraph Herald th 1G-1 Fuel Gas Code Adopted by repealing Newspaper the 24 day of July, 2010. such section and enacting a new section in /s/Jeanne F. Schneider, CMC, City Clerk lieu thereof and Section 406.4.1 Test Pressure and 406.4.2 Test Duration by repealing such 2009 International Energy Conservation sections and enacting new sections in lieu Code: City Manager recommending adoption thereof. Seconded by Braig. Motion carried 6-of the 2009 International Energy Conservation 0. Code. 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. 39-10 on for passage at two Council meetings prior AMENDING CITY OF DUBUQUE CODE OF to the meeting at which it is to be passed be ORDINANCES TITLE 14 BUILDING DEVEL- suspended. Seconded by Braig. Motion carried OPMENT, CHAPTER 1 BUILDING CODES, 6-0. ARTICLE G FUEL GAS CODE, SECTION 14- Motion by Jones for final consideration and 1G-1 FUEL GAS CODE ADOPTED BY RE- passage of Ordinance No. 40-10 Amending PEALING SUCH SECTION AND ENACTING City of Dubuque Code of Ordinances Title 14 A NEW SECTION IN LIEU THEREOF AND Building Development, Chapter 1 Building SECTION 406.4.1 TEST PRESSURE AND Codes, Article C Energy Conservation Code, 406.4.2 TEST DURATION BY REPEALING Section 14-1C-1 International Energy Conser- SUCH SECTIONS AND ENACTING NEW vation Code Adopted by repealing such sec- SECTIONS IN LIEU THEREOF tion and enacting a new section in lieu thereof NOW, THEREFORE, BE IT ORDAINED and Section 14-1C-2 International Energy BY THE CITY COUNCIL OF THE CITY OF Conservation Code Amendments providing for DUBUQUE, IOWA: the adoption of the International Energy Con- Section 1. Section 14-1G-1 of the City of servation Code (2009) and making amend- Dubuque Code of Ordinances is amended to ments thereto. Seconded by Braig. Motion read as follows: carried 6-0. 268 Regular Session, July 19, 2010 Book 140 OFFICIAL PUBLICATION ACCESSIBLE. Admitting close approach ORDINANCE NO. 40-10 as a result of not being guarded by locked AMENDING CITY OF DUBUQUE CODE OF doors, elevation or other effective means ORDINANCES TITLE 14 BUILDING DEVEL- accessible"). (see "Readily OPMENT, CHAPTER 1 BUILDING CODES, ADDITION. An extension or increase in ARTICLE C ENERGY CONSERVATION conditioned space the floor area or height of CODE, SECTION 14-1C-1 INTERNATIONAL a building or structure. ENERGY CONSERVATION CODE AIR BARRIER. Material(s) assembled ADOPTED BY REPEALING SUCH SECTION and joined together to provide a barrier to air AND ENACTING A NEW SECTION IN LIEU leakage through the building envelope. An THEREOF AND SECTION 14-1C-2 INTER- air barrier may be a single material or a NATIONAL ENERGY CONSERVATION combination of materials. CODE AMENDMENTS PROVIDING FOR ALTERATION. Any construction or reno- THE ADOPTION OF THE INTERNATIONAL vation to an existing structure other than re- ENERGY CONSERVATION CODE (2009) pair or addition that requires a permit. Also, a AND MAKING AMENDMENTS THERETO change in a mechanical system that involves NOW, THEREFORE, BE IT ORDAINED BY an extension, addition or change to the ar- THE CITY COUNCIL OF THE CITY OF rangement, type or purpose of the original DUBUQUE, IOWA: installation that requires a permit. code offi- Section 1. Section 14-1C-1 of the City of Du-APPROVED. Approval by the cial buque Code of Ordinances is amended by re-as a result of investigation and tests pealing Sections 14-1C-1 and enacting a new conducted by him or her, or by reason of ac- Section 14-1C-1 in lieu thereof as follows: cepted principles or tests by nationally rec- Sec. 14-1C-1 International Energy Con-ognized organizations. servation Code-Adopted. AUTOMATIC. Self-acting, operating by Except as hereinafter added to, deleted, its own mechanism when actuated by some modified, or amended, there is hereby impersonal influence, as, for example, a adopted by reference as the energy code of change in current strength, pressure, tem- the city that certain code known as the Inter-perature or mechanical configuration (see national Energy Conservation Code, 2009 "Manual"). Edition, and as published by the International BASEMENT WALL. A wall 50 percent or conditioned Code Council, Inc., and the thermal efficien-more below grade and enclosing space. cy provisions of such code shall be control- ling in the construction of all new construc-BUILDING. Any structure used or in- tion and any renovation project that effects tended for supporting or sheltering any use the building thermal envelope of a structure or occupancy. within the corporate limits of the city and the BUILDING THERMAL ENVELOPE. The lighting efficiency provisions of such code basement walls, exterior walls, floor, roof, shall be controlling in the new construction of and any other building element that enclose conditioned space. buildings which are open to the general pub-This boundary also in- conditioned lic during normal business hours and shall cludes the boundary between space be known as the "Dubuque Energy Code". A and any exempt or unconditioned copy of the International Energy Conserva-space. tion Code 2009 Edition, as adopted, shall be C-FACTOR (THERMAL CONDUC- on file in the office of the city clerk for public TANCE). The coefficient of heat transmis- inspection. sion (surface to surface) through a building Section 2. Section 14-1C-2 of the City of component or assembly, equal to the time Dubuque Code of Ordinances is amended rate of heat flow per unit area and the unit by repealing Section 14-1C-2 and enacting temperature difference between the warm the following additions, deletions, side and cold side surfaces (Btu/h ft2 x oF) modifications, or amendments of the [W/(m2 x K)]. International Energy Conservation Code, CODE OFFICIAL. The officer or other 2009 Edition, adopted in Section 14-1C-1 to designated authority charged with the admin- read as follows: istration and enforcement of this code, or a SECTION 202 duly authorized representative. GENERAL DEFINITIONS COMMERCIAL BUILDING. For this code, ABOVE-GRADE WALL. A wall more than all buildings that are not included in the defi- con- 50 percent above grade and enclosing nition of "Residential buildings." ditioned space. This includes between-floor CONDITIONED FLOOR AREA. The ho- spandrels, peripheral edges of floors, roof rizontal projection of the floors associated conditioned space. and basement knee walls, dormer walls, ga-with the ble end walls, walls enclosing a mansard CONDITIONED SPACE. An area or roof and skylight shafts. room within a building being heated or Book 140 Regular Session, July 19, 2010 269 cooled, containing un-insulated ducts, or with cooled by heat or mass transfer to the envi- a fixed opening directly into an adjacent ronment without the use of mechanical cool- conditioned space. ing. CRAWL SPACE WALL. The opaque por-ENERGY ANALYSIS. A method for esti- pro- tion of a wall that encloses a crawl space mating the annual energy use of the posed design standard reference design and is partially or totally below grade. and CURTAIN WALL. Fenestration products based on estimates of energy use. used to create an external nonload-bearing ENERGY COST. The total estimated an- wall that is designed to separate the exterior nual cost for purchased energy for the build- and interior environments. ing functions regulated by this code, includ- DAYLIGHT ZONE. ing applicable demand charges. 1. Under skylights. The area under sky-ENERGY RECOVERY VENTILATION lights whose horizontal dimension, in each SYSTEM. Systems that employ air-to-air direction, is equal to the skylight dimension heat exchangers to recover energy from ex- in that direction plus either the floor-to ceiling haust air for the purpose of preheating, pre- height or the dimension to a ceiling height cooling, humidifying or dehumidifying out- opaque partition, or one-half the distance to door ventilation air prior to supplying the air adjacent skylights or vertical fenestration, to a space, either directly or as part of an whichever is least. HVAC system. ap- 2. Adjacent to vertical fenestration. The ENERGY SIMULATION TOOL. An proved area adjacent to vertical fenestration which software program or calculation- receives daylight through the fenestration. based methodology that projects the annual For purposes of this definition and unless energy use of a building. more detailed analysis is provided, the day-ENTRANCE DOOR. Fenestration prod- zone light depth is assumed to extend into ucts used for ingress, egress and access in the space a distance of 15 feet (4572 mm) or nonresidential buildings, including, but not to the nearest ceiling height opaque partition, limited to, exterior entrances that utilize zone whichever is less. The daylight width is latching hardware and automatic closers and assumed to be the width of the window plus contain over 50-percent glass specifically 2 feet (610 mm) on each side, or the window designed to withstand heavy use and possi- width plus the distance to an opaque parti-bly abuse. tion, or the window width plus one-half the EXTERIOR WALL. Walls including both distance to adjacent skylight or vertical fene-above-grade walls and basement walls. stration, whichever is least. FAN BRAKE HORSEPOWER (BHP). DEMAND CONTROL VENTILATION The horsepower delivered to the fan's shaft. (DCV). A ventilation system capability that Brake horsepower does not include the me- provides for the automatic reduction of out-chanical drive losses (belts, gears, etc.). door air intake below design rates when the FAN SYSTEM BHP. The sum of the fan actual occupancy of spaces served by the brake horsepower of all fans that are re- system is less than design occupancy. quired to operate at fan system design con- DUCT. A tube or conduit utilized for con-ditions to supply air from the heating or cool- conditioned spacers) veying air. The air passages of self-ing source to the and contained systems are not to be construed return it to the source or exhaust it to the as air ducts. outdoors. DUCT SYSTEM. A continuous passage-FAN SYSTEM DESIGN CONDITIONS. way for the transmission of air that, in addi-Operating conditions that can be expected to tion to ducts, includes duct fittings, dampers, occur during normal system operation that plenums, fans and accessory air-handling result in the highest supply fan airflow rate to equipment and appliances. conditioned spaces served by the sys- DWELLING UNIT. A single unit providing tem. complete independent living facilities for one FAN SYSTEM MOTOR NAMEPLATE or more persons, including permanent provi-HP. The sum of the motor nameplate horse- sions for living, sleeping, eating, cooking and power of all fans that are required to operate sanitation. at design conditions to supply air from the conditioned ECONOMIZER, AIR. A duct and damper heating or cooling source to the spacers) arrangement and automatic control system and return it to the source or ex- that allows a cooling system to supply out-haust it to the outdoors. side air to reduce or eliminate the need for FENESTRATION. Skylights, roof win- mechanical cooling during mild or cold dows, vertical windows (fixed or moveable), weather. opaque doors, glazed doors, glazed block ECONOMIZER, WATER. A system and combination opaque/glazed doors. Fe- where the supply air of a cooling system is nestration includes products with glass and cooled indirectly with water that is itself nonglass glazing materials. 270 Regular Session, July 19, 2010 Book 140 F-FACTOR. The perimeter heat loss fac-LABELED. Equipment, materials or tor for slab-on-grade floors (Btu/h x ft x OF) products to which have been affixed a label, [W/(m x K)]. seal, symbol or other identifying mark of a GAMBLING FACILITY – BACK OF nationally recognized testing laboratory, in- HOUSE. Areas of a gambling structure or spection agency or other organization con- moored barge and associated hotel, meet-cerned with product evaluation that main- ing, entertainment or recreation spaces that tains periodic inspection of the production of are only accessible to authorized personnel the above-labeled items and whose labeling and not to the general public and guests, indicates either that the equipment, material such as employee and delivery entrances, or product meets identified standards or has employee lounges and dining areas, admin-been tested and found suitable for a speci- istrative offices and meeting rooms, main-fied purpose. tenance areas, storage rooms, service corri-LISTED. Equipment, materials, products dors, etc. or services included in a list published by an code official GAMBLING FACILITY – FRONT OF organization acceptable to the HOUSE. Areas of gambling structure or and concerned with evaluation of products or moored barge and associated hotel, meet-services that maintains periodic inspection of listed ing, entertainment or recreation spaces that production of equipment or materials are physically accessible or visible to the or periodic evaluation of services and whose general public and guests, such as the exte-listing states either that the equipment, ma- rior facades, landscaping, entries, lobbies, terial, product or service meets identified guestroom corridors, porte cocheres, retail standards or has been tested and found shops, restaurants, theaters, gaming areas, suitable for a specified purpose. guest conference and meeting rooms, other LOW-VOLTAGE LIGHTING. Lighting areas of entertainment or recreation, etc. equipment powered through a transformer HEAT TRAP. An arrangement of piping such as a cable conductor, a rail conductor and fittings, such as elbows, or a commer-and track lighting. cially available heat trap that prevents ther-MANUAL. Capable of being operated by mosyphoning of hot water during standby personal intervention (see "Automatic"). periods. NAMEPLATE HORSEPOWER. The no- HEATED SLAB. Slab-on-grade construc-minal motor horsepower rating stamped on tion in which the heating elements, hydronic the motor nameplate. tubing, or hot air distribution system is in PROPOSED DESIGN. A description of contact with, or placed within or under, the the proposed building used to estimate an- slab. nual energy use for determining compliance IDGH-EFFICACY LAMPS. Compact fluo-based on total building performance. rescent lamps, T-8 or smaller diameter linear READILY ACCESSIBLE. Capable of be- fluorescent lamps, or lamps with a minimum ing reached quickly for operation, renewal or efficacy of: inspection without requiring those to whom 1. 60 lumens per watt for lamps over 40 ready access is requisite to climb over or watts, remove obstacles or to resort to portable "Accessi- 2. 50 lumens per watt for lamps over 15 ladders or access equipment (see ble"). watts to 40 watts, and 3. 40 lumens per watt for lamps 15 watts REPAIR. The reconstruction or renewal or less. of any part of an existing building. HUMIDISTAT. A regulatory device, ac-RESIDENTIAL BUILDING. For this code, tuated by changes in humidity, used for au-includes R-3 buildings, as well as R-2 and R- tomatic control of relative humidity. 4 buildings three stories or less in height INFILTRATION. The uncontrolled inward above grade. air leakage into a building caused by the ROOF ASSEMBLY. A system designed pressure effects of wind or the effect of dif-to provide weather protection and resistance ferences in the indoor and outdoor air densi-to design loads. The system consists of a ty or both. roof covering and roof deck or a single com- INSULATING SHEATHING. An insulating ponent serving as both the roof covering and board with a core material having a minimum the roof deck. A roof assembly includes the R-value of R-2. roof covering, underlayment, roof deck, insu- KITCHEN DISPLAY. A substantially open lation, vapor retarder and interior finish. cooking and food preparation facility, located R-VALUE (THERMAL RESISTANCE). in the front-of-house dining room/lounge The inverse of the time rate of heat flow area specifically for the purpose of demon-through a body from one of its bounding sur- strating the function of food and drink prepa-faces to the other surface for a unit tempera- ration. ture difference between the two surfaces, Book 140 Regular Session, July 19, 2010 271 under steady state conditions, per unit area VENTILATION. The natural or mechani- (h . ftz . °FlBtu) [(m2 . K)/W). cal process of supplying conditioned or un- SCREW LAMP HOLDERS. A lamp base conditioned air to, or removing such air from, that requires a screw-in-type lamp, such as a any space. compact-fluorescent, incandescent, or VENTILATION AIR. That portion of tungsten-halogen bulb. supply air that comes from outside (out- SERVICE WATER HEATING. Supply of doors) plus any recirculated air that has hot water for purposes other than comfort been treated to maintain the desired quality heating. of air within a designated space. SKYLIGHT. Glass or other transparent or ZONE. A space or group of spaces within translucent glazing material installed at a a building with heating or cooling require- slope of 15 degrees (0.26 rad) or more from ments that are sufficiently similar so that de- vertical. Glazing material in skylights, includ-sired conditions can be maintained through- ing unit skylights, solariums, sunrooms, roofs out using a single controlling device. and sloped walls is included in this definition. Sec. 403.2. Reserved. SLEEPING UNIT. A room or space in Sec. 505.5.1. Total connected interior light- which people sleep, which can also include ing power. The total connected interior lighting permanent provisions for living, eating, and power (watts) shall be the sum of the watts of all either sanitation or kitchen facilities but not interior lighting equipment as determined in ac- both. Such rooms and spaces that are also cordance with Section 505.5.1.1 through sleeping units. part of a dwelling unit are not 505.5.1.4. SOLAR HEAT GAIN COEFFICIENT Exceptions: The connected power asso- (SHGC). The ratio of the solar heat gain en-ciated with the following lighting equipment is tering the space through the fenestration as-not included in the calculating total connected sembly to the incident solar radiation. Solar lighting power. heat gain includes directly transmitted solar 1. Specialized medical, dental, and re- heat and absorbed solar radiation which is search lighting. then reradiated, conducted or convected into 2. Professional and/or competition level the space. sports playing area lighting. STANDARD REFERENCE DESIGN. A 3. Display lighting for exhibits in galleries, proposed design version of the that meets museums, monuments, and convention cen- the minimum requirements of this code and ters. is used to determine the maximum annual 4. Sleeping unit lighting in hotels, motels, energy use requirement for compliance boarding houses or similar buildings. based on total building performance. 5. Emergency lighting automatically off STOREFRONT. A nonresidential system during normal building operation. of doors and windows mulled as a composite 6. Gambling Facility – Front of House fenestration structure that has been de-areas Storefront signed to resist heavy use. sys-7. Display kitchen and bar areas. tems include, but are not limited to, exterior Sec. 505.5.2. Interior lighting power. The to- fenestration systems that span from the floor tal interior lighting power (watts) is the sum of all level or above to the ceiling of the same sto-interior lighting powers for all area in the building ry on commercial buildings. covered in this permit. The interior lighting power SUNROOM. A one-story structure at-is the floor area for each building area type listed tached to a dwelling with a glazing area in in Table 505.5.2 times the value from Table excess of 40 percent of the gross area of the 505.5.2 for that area. For areas with high ceil- structure's exterior walls and roof. ings and lighting fixture mounting heights that THERMAL ISOLATION. Physical and exceed 12 feet, an adjustment factor is allowed condi- space conditioning separation from by multiplying the LPD value from Table 505.5.2 tioned space(s). conditioned space(s) The with the adjustment factor in Table 505.5.3. For shall be controlled as separate zones for the purposes of this method, an "area" shall be heating and cooling or conditioned by sepa-defined as all contiguous spaces that accommo- rate equipment. date or are associated with a single building THERMOSTAT. An automatic control area type as listed in Table 505.5.2 When this device used to maintain temperature at a method is used to calculate the total interior fixed or adjustable set point. lighting power for an entire building, each build- U-FACTOR (THERMAL TRANSMIT-ing area type shall be treated as a separate TANCE). The coefficient of heat transmis-area. sion (air to air) through a building component TABLE 505.5.3 or assembly, equal to the time rate of heat ADJUSTMENTS FOR MOUNTING flow per unit area and unit temperature dif-HEIGHTS ABOVE FLOOR ference between the warm side and cold side airfilms (Btu/h . ft2 . OF) (W/(m2 . K»). 272 Regular Session, July 19, 2010 Book 140 OFFICIAL PUBLICATION ORDINANCE NO. 41-10 Height (in feet) above the Multiply LPD by AMENDING CITY OF DUBUQUE CODE OF finished floor to the bot- ORDINANCES TITLE 14 BUILDING AND tom of luminaire(s) DEVELOPMENT, CHAPTER 1 BUILDING 12 or less 1.0 CODES, ARTICLE A BUILDING CODE AND 13 1.05 REGULATIONS, SECTION 14-1A-1 14 1.10 INTERNATIONAL BUILDING CODE 15 1.15 ADOPTED AND SECTION 14-1A-2 16 1.21 INTERNATIONAL BUILDING CODE 17 1.47 AMENDMENTS BY REPEALING SUCH 18 1.65 SECTIONS AND ENACTING NEW 19 1.84 SECTIONS 14-1A-1 AND 14-1A-2 IN LIEU 20 or more 2.04 THEREOF ADOPTING THE 2009 INTERNATIONAL BUILDING CODE AND Sec. 505.6. Exterior lighting. (Mandatory). PROVIDING FOR THE ISSUANCE OF When the power for the exterior lighting is sup- PERMITS AND COLLECTION OF FEES plied through the energy service to the building, THEREFOR all exterior lighting, other than low-voltage light- NOW, THEREFORE, BE IT ORDAINED ing, shall comply with Sections 505.6.1 and BY THE CITY COUNCIL OF THE CITY OF 505.6.2. DUBUQUE, IOWA: Exceptions: Section 1. Section 14-1A-1 of the City of 1. Where approved because of historical, Dubuque Code of Ordinances is amended by safety, signage or emergency considera- repealing Section 14-1A-1 and enacting a new tions. Section 14-1A-1 in lieu thereof as follows: 2. Light Emitting Diode (LED), neon, and Sec. 14-1A-1. International Building cold cathode exterior lamp sources. Code - Adopted. 3. Gambling Facility – Front of House Except as hereinafter added to, de- areas leted, modified, or amended, there is Section 3. This Ordinance shall take effect hereby adopted by reference as the on publication. building code of the city that certain th Passed, approved and adopted this 19 day building code known as the Interna- of July, 2010. tional Building Code, 2009 Edition and /s/Roy D. Buol, Mayor as published by the International Code Attest: Council, Inc., and the provisions of /s/Jeanne F. Schneider, CMC, City Clerk such building code shall be controlling Published officially in the Telegraph Herald in the construction of buildings and th Newspaper the 24 day of July, 2010. other structures and in all matters cov- /s/Jeanne F. Schneider, CMC, City Clerk ered by such building code within the corporate limits of the city and shall be 2009 International Building Code: City known as the "Dubuque Building Manager recommending adoption of the 2009 Code." A copy of the International International Building Code. Motion by Con- Building Code, 2009 Edition, as nors to receive and file the documents and that adopted, shall be on file in the office of the requirement that a proposed ordinance be the city clerk for public inspection. considered and voted on for passage at two Section 2. Section 14-1A-2 of the City of Council meetings prior to the meeting at which Dubuque Code of Ordinances is amended by it is to be passed be suspended. Seconded by repealing Section 14-1A-2 and enacting the Braig. Motion carried 6-0. following additions, deletions, modifications, or Motion by Connors for final consideration amendments of the International Building and passage of Ordinance No. 41-10 Amend- Code, 2009 Edition, adopted in Section 14-1A- ing City of Dubuque Code of Ordinances Title 1 to read as follows: 14 Building and Development, Chapter 1 Sec. 101.2 Scope. The provisions of Building Codes, Article A Building Code and this code shall apply to the construction, al- Regulations, Section 14-1A-1 International teration, moving, demolition, repair, main- Building Code Adopted and Section 14-1A-2 tenance and use of any building or struc- International Building Code Amendments by ture within this jurisdiction, except work lo- repealing such sections and enacting new cated primarily in a public way, public utility Sections 14-1A-1 and 14-1A-2 in lieu thereof towers and poles, mechanical equipment adopting the 2009 International Building Code not specifically regulated in this code, and and providing for the issuance of permits and hydraulic flood control structures. collection of fees therefore. Seconded by For additions, alterations, moving and Braig. Motion carried 6-0. maintenance of buildings and structures, Book 140 Regular Session, July 19, 2010 273 see Chapter 34 of the International Build-construction, to provide for reasonable in- ing Code. For temporary buildings and terpretation of the provisions of the Build- structures, see Section 3103 of the Interna-ing Code, and to advise the City Council on tional Building Code. all building construction regulations and Historic buildings. Repairs, alterations procedures. and additions necessary for the preserva-C. Internal Organization and Rules. tion, restoration, rehabilitation, continued The Board may adopt rules and regulations use or change of use of a historic building to govern its organizational procedures as may be made in compliance with the provi-may be necessary and which are not in sions of the 1997 Edition of the Uniform conflict with City or State Code. Code for Building Conservation (UCBC) or D. Procedures for Operation. All admin- Title 14, Chapter 5 of the City of Dubuque istrative, personnel, accounting, budgetary, Code of Ordinances. and procurement policies of the City shall Where, in any specific case, different govern the Board in all its operations. sections of this code specify different mate-E. Membership. rials, methods of construction or other re-1. The Building Code Advisory and quirements, the most restrictive shall go-Appeals Board shall consist of five (5) vern. Where there is a conflict between a residents of the City of Dubuque, ap- general requirement and a specific re-pointed by the City Council. quirement, the specific requirement shall 2. Special Qualifications. be applicable. a. One (1) member shall be an arc- Wherever in this code reference is hitect or engineer registered in the made to the appendix, the provisions in the State of Iowa; appendix shall not apply unless specifically b. One (1) member shall be a gen- adopted. eral building construction contractor; Sec 101.4.4. Property Maintenance. c. One (1) member shall be a jour- The provisions of the International Property neyman carpenter; and, Maintenance Code, excluding Appendix A, d. Two (2) members shall be from shall apply to existing structures and pre-the public at-large. mises; equipment and facilities; light, venti-F. Terms. The term of office for mem- lation, space heating, sanitation, life, and bers of the Building Code Advisory and fire safety hazards; responsibilities of own-Appeals Board shall be three (3) years. All ers, operators, and occupants; and occu-officers shall be eligible to serve succes- pancy of existing premises and structures. sive terms of office. Sec. 105.5 Expiration. G. Vacancies. Vacancies caused by Every permit issued shall become death, resignation, or otherwise shall be invalid unless the work on the site autho-promptly filled by the City Council for the rized by such permit is completed within unexpired term of office. one year after its issuance, unless the H. Officers/Organization. The Board building is part of a project which, because shall choose annually, from its own mem- of its complexity or proportions, will require bership, a chairperson and vice chairper- more time, in which instance the building son, each to serve a term of one (1) year. official may grant permits for the project in The building official, or designee, shall be phases. The Building Official is authorized secretary of the Board. The Board shall fill to grant, in writing and for justifiable cause, vacancies among its officers for the re- a renewal of a permit for two (2) succes-mainder of the unexpired term. sive periods of ninety (90) days, for a pe-I. Meetings. riod not to exceed one-hundred eighty 1. Regular Meetings. The Building (180) days; provided, that a fee is paid for Code Advisory and Appeals Board each renewal as set by the City Manager. shall meet upon call of the chairperson, All City of Dubuque residential building secretary or city manager. permits issued prior to July 16, 2007 with-2. Special Meetings. Special meet- out an expiration date listed shall expire on ings may be called by the chairperson October 1, 2010. or at the written request of three (3) Sec. 113. Building Code and Advisory members by giving at least twenty-four Appeals Board. (24) hours notice to every other mem- A. Board Created. There is hereby ber of the Commission. The call for a created a Building Code and Advisory Ap-special meeting shall include an agen- peals Board. da and only matters included in that B. Mission. The mission of the Building agenda may be acted on at the meet- Code and Advisory Appeals Board shall be ing. to determine the suitability of alternative building materials and methods of building 274 Regular Session, July 19, 2010 Book 140 3. Open Meetings. All meetings tice and render a decision within five shall be called and held in conformance (5) working days thereafter. Any inter- with the Iowa Open Meetings Law. ested party, including the building offi- 4. Attendance. cial, shall have the right to present their a. In the event a member of the case to the appeal board, whose deci- Building Code Advisory and Ap-sion shall be final unless appealed to peals Board, created by this Chap-the district court as provided by law. ter, has been absent for three (3) or The board of appeals may reverse more consecutive meetings of the or modify a decision of the building offi- Board, without being excused by cial only on finding that: the chairperson, it shall be grounds a. The building official had incor- for the Board to recommend to the rectly interpreted the provision of City Council that the position be de-this code; or, clared vacant and a replacement b. The decision of the building appointed. official creates an unnecessary b. Attendance shall be entered hardship upon the appellant. upon the minutes of all meetings. The board of appeals shall require 5. Minutes. A copy of the minutes of that sufficient evidence or proof be all regular and special meetings of the submitted to substantiate any claims Board shall be filed with the City Coun-made regarding the use of alternates. cil within ten (10) working days after All appeal hearings shall be con- each meeting. ducted in accordance with the proce- 6. Quorum. Three (3) members of dures specified in this Code. the Board shall constitute a quorum for On issues before the Board involv- the transaction of business. The affir-ing the Americans with Disabilities Act mative vote of at least three (3) mem-(ADA) the Board may elect to seek in- bers shall be necessary for the adop-put from ADA advocates in the com- tion of any resolution. munity. If the Board elects to seek input J. Compensation. The members of the from ADA advocates in the community Building Code Advisory and Appeals Board the Board shall consult with a minimum created by this Chapter shall serve without of two (2) individuals. compensation, provided that they may re-M. Limitations of Authority. The board ceive reimbursement for necessary travel of appeals shall have no authority relative and other expenses while on official Board to interpretation of the administrative provi- business and such shall be within the limits sions of this Code nor shall the Board be established in the City budget. empowered to waive requirements of this K. Removal. The City Council may re-Code. move any member of any board or com-In so modifying or reversing such deci- mission which it has established. sion of the building official, the board of L. Powers. The Building Code Advisory appeals may authorize any alternate to the and Appeals Board shall have the following decision of the building official and the pro- powers, duties, and responsibilities: visions, provided it finds the proposed ma- 1. Any person who is aggrieved by terial or method of construction is satisfac- a decision of the building official on any tory for the use intended and complies with requirements resulting from the en-the provisions of this Code, and that the forcement of the building code may ap-material, method, or work offered is, for the peal from such decision to the Building purpose intended, at least equivalent to Code Board and said Board shall serve that prescribed by this Code in suitability, as an appeal board. In case the ag-strength, effectiveness, durability, fire re- grieved party is a member of said sistance, and safety. Board, said member shall be disquali-Sec. 114 Violations fied as a member of the Board acting It shall be unlawful for any person, firm as an appeal board, until the person or corporation to erect, construct, enlarge, aggrieved has been heard and a deci-alter, repair, move, improve, remove, con- sion rendered. vert or demolish, equip, use, occupy or The appeal shall be made by the maintain any building or structure or cause person aggrieved, giving written notice or permit the same to be done in violation of such appeal to the building official of this code. within seven (7) days of receipt of deci-The doing of any act, or the omission of sion from which the appeal is taken. any act, declared to be unlawful by this The Building Code Board sitting as an code, or any code or ordinance herein appeal board shall meet within ten (10) adopted by reference shall be deemed a working days after receiving such no-separate offense for each and every day or Book 140 Regular Session, July 19, 2010 275 portion thereof during which any such un-Code, Section 14-1B-1 International Residen- lawful act is committed, continued or per-tial Code Adopted and Section 14-1B-2 Inter- mitted and upon conviction shall be pu-national Residential Code Amendments by nishable as provided in Title 1 of the Code repealing such sections and enacting new of Ordinances. The penalty herein provided Sections 14-1B-1 and 14-1B-2 adopting the shall be cumulative with and in addition to 2009 International Residential Code and pro- the revocation, cancellation or forfeiture of viding for the issuance of permits and collec- any license or permit elsewhere in this tion of fees therefore. Responding to questions code provided for violation thereof. from City Council, Zoning Advisory Commis- Sec. 116. Unsafe Structures and sioner and Homebuilders Association repre- Equipment sentative Ron Smith, 1640 Justin Lane, stated All buildings or structures regulated by that the referenced sprinkler systems for resi- this code which are structurally unsafe or dential properties is cost prohibitive and needs not provided with adequate egress, or to be addressed by the State. The Homebuild- which constitute a fire hazard, or are oth-ers Association is looking at options. Motion erwise dangerous to human life are, for the carried 6-0. Building Services Manager Rich purpose of this section, unsafe. Any use of Russell reiterated the competitive disadvan- buildings or structures constituting a ha-tage regarding the sprinkler systems and de- zard to safety, health or public welfare by scribed the makeup of the Building Code reason of inadequate maintenance, dilapi-Board of Appeals. Seconded by Braig. Motion dation, obsolescence, fire hazard, disaster, carried 6-0. damage or abandonment is, for the pur- OFFICIAL PUBLICATION pose of this section, an unsafe use. Para- ORDINANCE NO. 42-10 pet walls, cornices, spires, towers, tanks, AMENDING CITY OF DUBUQUE CODE OF statuary and other appendages or structur- ORDINANCES TITLE 14 BUILDING AND al members which are supported by, at- DEVELOPMENT, CHAPTER 1 BUILDING tached to, or a part of a building and which CODES, ARTICLE B INTERNATIONAL are in deteriorated condition or otherwise RESIDENTIAL CODE, SECTION 14-1B-1 unable to sustain the design loads which INTERNATIONAL RESIDENTIAL CODE are specified in this code are hereby des- ADOPTED AND SECTION 14-1B-2 ignated as unsafe building appendages. INTERNATIONAL RESIDENTIAL CODE All such unsafe buildings, structures or AMENDMENTS BY REPEALING SUCH appendages are hereby declared to be SECTIONS AND ENACTING NEW public nuisances and shall be abated by SECTIONS 14-1B-1 AND 14-1B-2 repair, rehabilitation, demolition or removal ADOPTING THE 2009 INTERNATIONAL in accordance with the procedures set forth RESIDENTIAL CODE AND PROVIDING FOR in Title 14, Chapter 3 of the Code of Ordin- THE ISSUANCE OF PERMITS AND ances. COLLECTION OF FEES THEREFOR Section 3. This Ordinance shall take effect on publication. NOW, THEREFORE, BE IT ORDAINED th Passed, approved and adopted this 19 BY THE CITY COUNCIL OF THE CITY OF day of July, 2010. DUBUQUE, IOWA: /s/Roy D. Buol, Mayor Section 1. Section 14-1B-1 of the City of Attest: Dubuque Code of Ordinances is amended by /s/Jeanne F. Schneider, CMC, City Clerk enacting a new Section 14-1B-1 as follows: Published officially in the Telegraph Herald Sec. 14-1B-1. International Residential th Newspaper the 24 day of July, 2010. Code - Adopted. /s/Jeanne F. Schneider, CMC, City ClerkExcept as hereinafter added to, de- leted, modified, or amended, there is 2009 International Residential Code: City hereby adopted by reference as the Manager recommending adoption of the 2009 building code of the city that certain International Residential Code. Motion by building code known as the Interna- Lynch to receive and file the documents and tional Residential Code, 2009 Edition that the requirement that a proposed ordin-and as published by the International ance be considered and voted on for passage Code Council, Inc., and the provisions at two Council meetings prior to the meeting at of such building code shall be control- which it is to be passed be suspended. ling in the construction, remodeling, Seconded by Braig. Motion carried 6-0. maintenance, repair, and reconstruc- Motion by Lynch for final consideration and tion of one and two family residential passage of Ordinance No. 42-10 Amending buildings and in all matters covered by City of Dubuque Code of Ordinances Title 14 such building code within the corporate Building and Development, Chapter 1 Building limits of the city and shall be known as Codes, Article B International Residential the "Dubuque Residential Building 276 Regular Session, July 19, 2010 Book 140 Code." A copy of the International Res-rooms, emergency egress and rescue idential Code, 2009 Edition, as openings shall be required in each adopted, shall be on file in the office of sleeping room. Where emergency escape the city clerk for public inspection. and rescue openings are provided they Section 2. Section 14-1B-2 of the City of shall have a sill height of not more than 44 Dubuque Code of Ordinances is amended by inches (1118 mm) above the floor. Where enacting the following additions, deletions, a door opening having a threshold below modifications, or amendments of the the adjacent ground elevation serves as an International Residential Code, 2009 Edition, emergency escape and rescue opening adopted in Section 14-1B-1 to read as follows: and is provided with a bulkhead enclosure, Sec. R103.1. Creation of enforcement the bulkhead enclosure shall comply with agency. There is hereby established in the Section R310.3. The net clear opening city the building services department, dimensions required by this section shall which shall be under the jurisdiction of the be obtained by the normal operation of the building official. emergency escape and rescue opening Sec. 105.5 Expiration. from the inside. Emergency escape and Every permit issued shall become rescue openings with a finished sill height invalid unless the work on the site below the adjacent ground elevation shall authorized by such permit is completed be provided with a window well in within one year after its issuance. The accordance with Section R310.2. building official is authorized to grant, in Emergency escape and rescue openings writing, one or more extensions of time, shall open directly into a public way, or to a for periods not to exceed 180 days. yard or court that opens to a public way. The extensions shall be requested in EXCEPTIONS: writing and justifiable cause 1. Basements used only to house demonstrated. mechanical equipment and not Sec. R112. Building Code and Advisory exceeding total floor area of 200 Appeals Board. An appeal of a decision square feet (18.58 m2). rendered under the International 2. Basements without bedrooms Residential Code shall be brought to the that provide a second stairway that Building Code and Advisory Appeals Board terminates in a room separate from the as outlined in City of Dubuque Code of first stairway. Ordinances, Title 14, Chapter 1, Article A. 3. The finished sill height may Sec. R113. Violations. exceed 44 inches (1118 mm) above the It shall be unlawful for any person, floor if approved by the building official firm or corporation to erect, construct, and the following conditions are met: enlarge, alter, repair, move, improve, a. The exterior finish grade is remove, convert or demolish, equip, more than 36 inches (914 mm) use, occupy or maintain any building or above the interior floor level of the structure or cause or permit the same room, OR altering the exterior to be done in violation of this code. configuration of the building would The doing of any act, or the adversely affect the historical omission of any act, declared to be significance of the building. unlawful by this code, or any code or b. A platform capable of ordinance herein adopted by reference supporting a live load of 300 shall be deemed a separate offense for pounds shall be permanently each and every day or portion thereof affixed at the interior of the window. during which any such unlawful act is This platform shall be no lower than committed, continued or permitted and 20 inches (508 mm) above the floor upon conviction shall be punishable as and no higher than 36 inches (914 provided in Title l of the Code of mm) above the floor. The distance Ordinances. The penalty herein from the platform to the finished sill provided shall be cumulative with and height shall not exceed 36 inches in addition to the revocation, (914 mm). The platform shall cancellation or forfeiture of any license extend outward from the wall a or permit elsewhere in this code minimum of 24 inches (610 mm) provided for violation thereof. and shall be at least as wide as the Sec. 310.1. Emergency Escape and clear openable width of the window. Rescue Required. Basements, habitable c. The escape or rescue window attics, and every sleeping room shall have shall comply with Section R310.2. at least one (1) operable emergency d. The building is equipped with escape and rescue opening. Where smoke detectors installed in basements contain one or more sleeping accordance with Section R313. Book 140 Regular Session, July 19, 2010 277 Sec. R311.7.7.2. Continuity. Handrails pipe shall be installed not less than 6 for stairways shall be continuous for the full inches (152 mm) below the frost line. length of the flight, from a point directly Sec. P3114.3. Where permitted. above the top riser of the flight to a point Individual vents, branch vents, directly above the lowest riser of the flight. circuit vents and stack vents shall be Handrail ends shall be returned or shall permitted to terminate with a terminate in newel posts or safety connection to an air admittance valve terminals. Handrails adjacent to a wall shall when approved by the building official have a space of not less than 1 ½ inch (38 or their agent in cases where structural mm) between the wall and the handrails. or existing conditions do not allow for EXCEPTIONS: the termination of a vent to the exterior 1. Handrails shall be permitted to of the structure. be interrupted by a newel post at a Individual and branch type air turn. admittance valves shall vent only 2. The use of a volute, turnout or fixtures that are on the same floor level starting easing shall be allowed over and connect to a horizontal branch the lowest tread. drain. 3. Top rails may be interrupted by Part VIII “Electrical” is hereby walls. amended by deleting Chapters 34-43 in Sec. R313. Automatic Fire Sprinkler their entirety. Systems is hereby amended by repealing Section 3. This ordinance shall take effect such section. on publication. th Sec. R404.1.2. Concrete Foundation Passed, approved and adopted this 19 Walls. Concrete foundation walls that day of July, 2010. support light-frame walls shall be designed /s/Roy D. Buol, Mayor and constructed in accordance with the Attest: provisions of this section, ACI 318, ACI /s/Jeanne F. Schneider, CMC, City Clerk 332 or PCA 100. Concrete foundation walls Published officially in the Telegraph Herald th that support above-grade concrete walls Newspaper the 24 day of July, 2010. that are within the applicability limits of /s/Jeanne F. Schneider, CMC, City Clerk Section R611.2 shall be designed and constructed in accordance with the 2009 International Plumbing Code: City provisions of this section ACI 318, ACI 332 Manager recommending adoption of the 2009 or PCA 100. When ACI 318, ACI 332, PCA International Plumbing Code. Motion by Jones 100 or the provisions of this section are to receive and file the documents and that the used to design concrete foundation walls, requirement that a proposed ordinance be project drawings, typical details, and considered and voted on for passage at two specifications are not required to bear the Council meetings prior to the meeting at which seal of the architect or engineer it is to be passed be suspended. Seconded by responsible for design, unless otherwise Connors. Motion carried 6-0. required by the state law of the jurisdiction Motion by Jones for final consideration and having authority. passage of Ordinance No. 43-10 Amending EXCEPTION: City of Dubuque Code of Ordinances Title 14 The following reinforcement Building Development, Chapter 1 Building requirements may be used as an Codes, Article H International Plumbing Code, alternative for 8” (204 mm) thick Section 14-1H-1 International Plumbing Code concrete foundation walls between 96 Adopted by repealing such section and enact- (2438 mm) and 120 inches (3048 mm) ing a new section in lieu thereof and Sections in height: #4 bars 20 inches (508 mm) 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, and 14- on center vertically and #4 bars 24 1H-6 International Plumbing Code Amend- inches (610 mm) on center horizontally. ments providing for the adoption of the Interna- Sec. P2603.6. Freezing: As Dubuque tional Plumbing Code (2009) and making requires a winter design temperature of 32 amendments thereto. Seconded by Braig. Mo- degrees Fahrenheit (0 degrees Celsius) or tion carried 6-0. lower as shown in Table R301.2(1) of this OFFICIAL PUBLICATION code, a water, soil or waste pipe shall not ORDINANCE NO. 43-10 be installed outside of a building, in exterior AMENDING CITY OF DUBUQUE CODE OF walls, in attics or crawl spaces, or in any ORDINANCES TITLE 14 BUILDING DEVEL- other place subjected to freezing OPMENT, CHAPTER 1 BUILDING CODES, temperature unless adequate provision is ARTICLE H INTERNATIONAL PLUMBING made to protect it from freezing by CODE, SECTION 14-1H-1 INTERNATIONAL insulation or heat or both. Water service PLUMBING CODE ADOPTED BY REPEAL- 278 Regular Session, July 19, 2010 Book 140 ING SUCH SECTION AND ENACTING A Sec. 104.1. Administrative Authority. The NEW SECTION IN LIEU THEREOF AND administrative authority shall be the building SECTIONS 14-1H-2, 14-1H-3, 14-1H-4, 14- official who is duly appointed to enforce this 1H-5, AND 14-1H-6 INTERNATIONAL Code. PLUMBING CODE AMENDMENTS PROVID- Sec. 104.5. Right of Entry. Whenever it is ING FOR THE ADOPTION OF THE INTER- necessary to make an inspection to enforce NATIONAL PLUMBING CODE (2009) AND the provisions of this Code, or whenever the MAKING AMENDMENTS THERETO building official or the building official's autho- NOW, THEREFORE, BE IT ORDAINED rized representative has reasonable cause to BY THE CITY COUNCIL OF THE CITY OF believe that there exists in any building or DUBUQUE, IOWA: upon any premises any condition or violations Section 1. Section 14-1H-1 of the City of of this Code which make the building or pre- Dubuque Code of Ordinances is amended by mises unsafe, insanitary, dangerous, or ha- repealing Section 14-1H-1 and enacting a new zardous, the building official or the building Section 14-1H-1 in lieu thereof as follows: official's authorized representative may enter 14-1H-1: INTERNATIONAL PLUMBING the building or premises at all reasonable CODE ADOPTED: times to inspect or to perform the duties im- Except as hereinafter added to, deleted, posed upon the building official by this Code, modified or amended, there is hereby adopted provided that if such building or premises be by reference as the plumbing code of the city occupied, the building official shall present his that certain plumbing code known as the inter-or her credentials to the occupant and request national plumbing code, 2009 edition, pub-entry, If such building or premises is unoccu- lished by the International Code Council, and pied, the building official shall first make a rea- the provisions of such plumbing code shall be sonable effort to locate the owner or other per- controlling for the installation, alteration, repair, son having charge or control of the building or relocation, replacement, addition to and use or premises and request entry. If entry is refused maintenance of plumbing equipment and sys-the building official or the building official's tems in all matters covered by such plumbing authorized representative, the building official code within the corporate limits of the city and shall have recourse to every remedy provided shall be known as the Dubuque plumbing by law to secure entry. code. A copy of the international plumbing When the building official or the building code, 2009 edition, as adopted, shall be on file official's authorized representative shall have in the office of the city clerk for public inspec-first obtained a proper inspection warrant or tion. other remedy provided by law to secure entry, Section 2. Sections 14-1H-2, 14-1H-3, 14-no owner or occupant or person having 1H-4, 14-1H-5, and 14-1H-6 of the City of charge, care, or control of any building or pre- Dubuque Code of Ordinances are amended by mises shall fail or neglect, after proper request repealing such sections and enacting the is made as herein provided, to promptly permit following additions, deletions, modifications, or entry therein by the building official or the amendments of the International Plumbing building official's authorized representative for Code, 2009 Edition, adopted in Section 14-1H-the purpose of inspection and examination 1 to read as follows: pursuant to this Code. Sec. 103.3. Deputies. In accordance with Sec. 105. Brazing and Welding. Brazing prescribed procedures and with the approval and welding shall conform to the applicable of the City Manager, the building official may standards. All brazing on medical gas systems appoint such number of assistants, inspectors, shall be performed by certified installers meet- and other employees as shall be authorized ing the requirements of the Plumbing Board. from time to time. Sec. 106.1. Permits Required. It shall be Sec. 103.4. Liability. The building official or unlawful for any person, firm, or corporation to authorized representative charged with the make any installation, alteration, repair, re- enforcement of this Code, acting in good faith placement, or remodel any plumbing system and without malice in the discharge of his or regulated by this Code except as permitted in her duties, shall not thereby be rendered liable Subsection (b) of this Section, or cause the for any damage that may accrue to persons or same to be done without first obtaining a sepa- property as a result of any act or by reason of rate plumbing permit for each separate build- any act or omission in the discharge of his or ing or structure. her duties. A suit brought against the building Sec. 106.2. Exempt Work. A plumbing official or authorized representative because of permit shall not be required for the following: such act or omission performed by him or her (1) The clearing of stoppages or repairing in the enforcement of any provision of this of leaks in drains, soil, waste, or vent pipes; Code shall be defended by legal counsel pro-provided, however, that should any concealed vided by this jurisdiction until final termination trap, drainpipe, soil, waste, or vent pipe be of such proceedings. removed and replaced with new material, the Book 140 Regular Session, July 19, 2010 279 same shall be considered as new work and a quired test, necessary corrections shall be permit shall be procured and inspection made. made and the work shall then be resubmit- (2) The clearing of stoppages or repairing ted for test or inspection. of leaks in piping and/or valves when such (b) Testing. repairs do not involve or require the replace-(1) Responsibility. The equipment, ma- ment or rearrangement of piping and/or valves. terial, and labor necessary for inspection or (3) The replacement of inoperable, broken, tests shall be furnished by the person to or damaged fixtures, faucets, or tanks; pro-whom the permit is issued or by whom in- vided, however, that replacement items meet spection is requested. the requirements of the Dubuque Plumbing (2) Media. The piping of the plumbing, Code. drainage, and venting systems shall be Sec. 106.6. Permit Fees. The fees for each tested with water or air. The building official permit shall be as set forth by the City Council. may require the removal of any cleanouts, Sec. 106.6.1. Investigation Fees; Work etc., to ascertain if the pressure has without a Permit. reached all parts of the system. After the (1) Investigation. Whenever any work for plumbing fixtures have been set and their which a permit is required by this Code has traps filled with water, they shall be submit- been commenced without first obtaining said ted to a final test. permit, a special investigation shall be made (3) Water Test. The water test shall be before a permit may be issued for such work. applied to the drainage and vent system ei- (2) Fee. An investigation fee, in addition to ther in its entirety or in sections. If applied the permit fee, shall be collected whether or to the entire system, all openings in the not a permit is then or subsequently issued. piping system shall be tightly closed, ex- The investigation fee shall be equal to the cept the highest opening, and the system amount of the permit fee that would be re-filled with water to the point of overflow. If quired by this Code if a permit were to be is-the system is tested in sections, each sued. The payment of such investigation fee opening shall be tightly plugged except the shall not exempt any person from compliance highest opening of the section under test, with all other provisions of this Code nor from and each section shall be filled with water, any penalty prescribed by law. but no section shall be tested with less Sec. 106.6.3. Fee Refunds. than a ten-foot (3m) head of water. In test- (1) The building official may authorize the ing successive sections, at least the upper refunding of any fee paid hereunder which was ten (10) feet (3m) of the next preceding erroneously paid or collected. section shall be tested, so that no joint or (2) The building official may authorize the pipe in the building (except the uppermost refunding of not more than eighty (80) percent ten (10) feet (3m) of the system) shall have of the permit fee paid when no work has been been submitted to a test of less than a ten- done under a permit issued in accordance with foot (3m) head of water. The water shall be this Code. kept in the system, or in the portion under (3) The building official may authorize the test, for at least fifteen (15) minutes before refunding of not more than eighty (80) percent inspection starts. The system shall then be of the plan review fee paid when an application tight at all points. for a permit for which a plan review fee has (4) Air Test. The air test shall be made been paid is withdrawn or cancelled before by attaching an air compressor testing ap- any plan review effort has been expended. paratus to any suitable opening, and, after Sec. 107.1. Testing of Plumbing Work. closing all other inlets and outlets to the (a) Inspections. system, forcing air into the system until (1) Scope. All new plumbing work and there is a uniform gauge pressure of five such portions of existing systems as may (5) pounds per square inch (34.5kPa) or be affected by new work, or any changes, sufficient to balance a column of mercury shall be inspected by the building official or ten (10) inches (254mm) in height. The a duly authorized representative as re-pressure shall be held without introduction quired in this Code. of additional air for a period of at least fif- (2) Responsibility. It shall be the duty of teen (15) minutes. the holder of a permit to make sure that the (5) Building Sewer Test. The building work will stand the test prescribed before sewer shall be inspected and approved by notifying the building official that said work the building official before being concealed. is ready for inspection. Neither the building official nor the City (3) Test. Tests shall be conducted in shall be liable for expense entailed in the the presence of the building official or a du-removal or replacement of material re- ly authorized representative. quired to permit inspection. (4) Retesting. If the building official (6) Water Piping. Upon completion of a finds that the work will not pass the re-section or of the entire hot and cold water 280 Regular Session, July 19, 2010 Book 140 supply system, it shall be tested and code or ordinance herein adopted by reference proved tight under a water pressure test shall be deemed a separate offense for each not less than the working pressure under and every day or portion thereof during which which it is to be used. The water used for any such unlawful act is committed, continued, test shall be obtained from a potable or permitted and upon conviction shall be pu- source of supply. A fifty (50) pounds per nishable as provided in Title 1, Chapter 4 of square inch (344.5kPa) air pressure may the Code of Ordinances. The penalty herein be substituted for the water test. In either provided shall be cumulative with and in addi- method of test, the piping shall withstand tion to the revocation, cancellation, or forfeiture the test without leaking for a period of not of any license or permit elsewhere in this Code less than fifteen (15) minutes. provided for violation thereof. (7) Defective Systems. An air test shall Sec. 108.7.1. Authority to Condemn be used in testing the sanitary condition of Equipment. Whenever the building official as- the drainage or plumbing system of any certains that any plumbing, or portion thereof, building premises when there is reason to regulated by this Code has become hazardous believe that it has become defective. to life, health, property, or has become insani- (8) Moved Structures. All parts of the tary, the building official shall order in writing plumbing systems of any building or struc-that such plumbing either be removed or res- ture that is moved into or within the juris-tored to a safe or sanitary condition, as appro- dictional limits of the City, shall be com-priate. The written notice itself shall fix a time pletely tested as prescribed elsewhere in limit for compliance with such order. No person this Section for new work, except that walls shall use or maintain defective plumbing after or floors need receiving such notice. (9) Test Waived. No test or inspection When such plumbing is to be discon- shall be required where a plumbing sys-nected, written notice as prescribed in Section tem, or part thereof, is set up for exhibition 108.7.2 shall be given. In cases of immediate purposes and has no connection with a danger to life or property, such disconnection water or drainage system. may be made immediately without such notice. (10) Exceptions. In cases where it Sec. 108.7.2. Authority to Order Discon- would be impractical to provide the afore-nection of Utilities. The building official or the mentioned water or air tests, or for minor building official's authorized representative installations and repairs, the building offi-shall have the authority to order disconnection cial, at the building official's discretion, may of any plumbing supplied to a building, struc- make such inspection as the building offi-ture, or equipment regulated by this Code cial deems advisable in order to assure the when the building official determines that the building official that the work has been per-equipment or any portion thereof has become formed in accordance with the intent of this hazardous or insanitary. Written notice of such Code. order to disconnect service and the causes (11) Tests for Shower Receptors. therefor shall be given within twenty-four (24) Shower receptors shall be tested for water hours to the owner and occupant of such build- tightness by filling with water to the level of ing, structure, or premises. However, in cases the rough threshold. The test plug shall be of immediate danger to life or property, such so placed that both upper and under sides disconnection may be made immediately with- of the subpan shall be subjected to the test out such notice. The building official shall im- at the point where it is clamped to the mediately notify the serving utility in writing of drain. such order to disconnect. (12) Protectively coated pipe inspection Sec. 108.7.3. Connection from Order to and repair shall conform to Section 318.1 Disconnect. No person shall make connections of IAMPMO Installation Standard IS 13, from any energy, fuel, power supply, or water listed in Table A. distribution system nor supply energy, fuel, or Sec. 108.3. Prosecution of violation. If the water to any equipment regulated by this Code notice of violation is not complied with which has been disconnected or ordered to be promptly, the Building official shall request the disconnected by the building official or the use City Attorney’s office to institute the appropri-of which has been ordered to be discontinued ate proceeding at law or in equity to restrain, by the building official until the building official correct or abate such violation, or to require authorizes the reconnection and use of such the removal or termination of the unlawful oc-equipment. cupancy of the structure in violation of the pro-When any plumbing is maintained in viola- visions of this code or of the order or direction tion of this Code, and in violation of any notice made pursuant thereto. issued pursuant to the provisions of this Sec- Sec. 108.4. Violation and Penalties. The tion, the building official may consult with the doing of any act, or the omission of any act, City Attorney’s office to institute any appropri- declared to be unlawful by this Code, or any Book 140 Regular Session, July 19, 2010 281 ate action to prevent, restrain, correct, or abate 2. Special Meetings. Special meetings the violation. may be called by the chairperson or at the Sec. 109. Means of Appeal. written request of three (3) members by 109.1. Board Created. There is hereby giving at least twenty-four (24) hours notice created a Plumbing Code Board. to every other member of the Commission. 109.2. Mission. The mission of the Plumb-The call for a special meeting shall include ing Code Board shall be to determine the sui-an agenda and only matters included in tability of alternative materials and methods of that agenda may be acted on at the meet- installation; to provide for reasonable interpre-ing. tations of the Plumbing Code; to serve as an 3. Open Meetings. All meetings shall appeal body for the decisions of the building be called and held in conformance with the official; to advise the City Council on all plumb-Iowa Open Meetings Law. ing regulations and procedures; and to provide 4. Attendance. for examining applicants for master plumbers a. In the event a member of the and journeyman plumbers licenses and issuing Plumbing Code Board, created by this master plumber and journeyman plumbers Chapter, has been absent for three (3) licenses.. or more consecutive meetings of the 109.3. Internal Organization and Rules. Board, without being excused by the The Board may adopt rules and regulations to chairperson, it shall be grounds for the govern its organizational procedures as may Board to recommend to the City Coun- be necessary and which are not in conflict with cil that the position be declared vacant City or State Code. and a replacement appointed. 109.4. Procedures for Operation. All ad-b. Attendance shall be entered ministrative, personnel, accounting, budgetary, upon the minutes of all meetings. and procurement policies of the City shall go-5. Minutes. A copy of the minutes of all vern the Board in all its operations. regular and special meetings of the Board 109.5. Membership. shall be filed with the City Council within 1. The Plumbing Code Board shall ten (10) working days after each meeting. consist of five (5) residents of the City of 6. Quorum. Three (3) members of the Dubuque, appointed by the City Council. Board shall constitute a quorum for the 2. Special Qualifications. transaction of business. The affirmative a. One (1) member shall hold a li-vote of at least three (3) members shall be cense as a journeyman plumber of at necessary for the adoption of any resolu- least five (5) years experience; tion. b. Two (2) members shall be mas-109.10. Compensation. The members of ter plumbers who have engaged in the the Plumbing Code Board created by this plumbing business as master plumbers Chapter shall serve without compensation, for at least five (5) years in this City; provided that they may receive reimbursement c. One (1) member shall hold a ba-for necessary travel and other expenses while chelor of science degree in the area of on official Board business and such shall be physical sciences; and, within the limits established in the City budget. d. One (1) member shall represent 109.11. Removal. The City Council may the public at-large. remove any member of any board or commis- 109.6. Terms. The term of office for mem-sion which it has established. bers of the Plumbing Code Board shall be 109.12. Powers. The Plumbing Code three (3) years. All officers shall be eligible to Board shall have the following powers, duties, serve successive terms of office. and responsibilities: 109.7. Vacancies. Vacancies caused by 1. To determine the suitability of alter- death, resignation, or otherwise shall be nate materials and methods of installation. promptly filled by the City Council for the un-2. To provide for reasonable interpreta- expired term of office. tions of the Plumbing Code. 109.8. Officers/Organization. The Board 3. To serve as an appeal body for the shall choose annually, from its own member-decisions of the building official. ship, a chairperson and vice chairperson, each 4. To advise the City Council on all to serve a term of one (1) year. The building plumbing regulations and procedures. official, or the building official’s designee, shall 109.13. Duties when Serving as an Ap- be secretary of the Board. The Board shall fill peals Board. Any person who is aggrieved by vacancies among its officers for the remainder a decision of the building official on any re- of the unexpired term. quirements resulting from the enforcement of 109.9. Meetings. the Plumbing Code, may appeal from such 1. Regular Meetings. The Plumbing decision to the Plumbing Code Board and said Code Board shall meet once every three Board shall serve as an appeal board. In case (3) months. the aggrieved party is a member of said Board, 282 Regular Session, July 19, 2010 Book 140 said member shall be disqualified as a mem-AIR ADMITTANCE VALVE. One-way valve ber of the Board acting as an appeal board, designed to allow air to enter the plumbing until the person aggrieved has been heard and drainage system when negative pressures a decision rendered. develop in the piping system. The device shall The appeal shall be made by the person close by gravity and seal the vent terminal at aggrieved, giving written notice of such appeal zero differential pressure (no flow conditions) to the building official at the building official's and under positive internal pressures. The office within seven (7) days of receipt of deci-purpose of an air admittance valve is to pro- sion from which the appeal is taken. The vide a method of allowing air to enter the Plumbing Code Board sitting as an appeal plumbing drainage system without the use of a board shall meet within seven (7) days after vent extended to open air and to prevent sew- receiving such notice and render a decision er gases from escaping into a building. within five (5) days thereafter. Any interested AIR BREAK (Drainage System). A piping party, including the building official, shall have arrangement in which a drain from a fixture, the right to present their case to the appeal appliance or device discharges indirectly into board, whose decision shall be final unless another fixture, receptacle or interceptor at a appealed to the district court as provided by point below the flood level rim and above the law. trap seal. The board of appeals may reverse or modi-AIR GAP (Drainage System). The unob- fy a decision of the building official only on structed vertical distance through the free at- finding that: mosphere between the outlet of the waste pipe a. The building official incorrectly inter-and the flood level rim of the receptacle into preted a provision of this Code; which the waste pipe is discharging. b. The decision of the building official AIR GAP (Water Distribution System). The creates an unnecessary hardship upon the unobstructed vertical distance through the free appellant. atmosphere between the lowest opening from In so modifying or reversing such deci-any pipe or faucet supplying water to a tank, sion of the building official, the board of plumbing fixture or other device and the flood appeals may authorize any alternate to the level rim of the receptacle. decision of the building official and the pro-ALTERNATIVE ENGINEERED DESIGN. A visions of the Plumbing Code, provided it plumbing system that performs in accordance finds the proposed material or method of with the intent of Chapters 3 through 12 and construction is satisfactory for the use in-provides an equivalent level of performance for tended and complies with the provisions of the protection of public health, safety and wel- this Code, and that the material, method, fare. The system design is not specifically re- or work offered is, for the purpose in-gulated by Chapters 3 through 12. tended, at least equivalent to that pre-ANCHORS. See "Supports." scribed by this Code in suitability, strength, ANTISIPHON. A term applied to valves or effectiveness, durability, safety, and sanita-mechanical devices that eliminate siphonage. tion. APPROVED. Acceptable to the code offi- The board of appeals shall require that cial or other authority having jurisdiction. sufficient evidence or proof be submitted to APPROVED AGENCY. An established and substantiate any claims made regarding recognized agency approved by the code offi- the use of alternates. cial and that is regularly engaged in conduct- SECTION 202 ing tests or furnishing inspection services. GENERAL DEFINITIONS APPROVED QUALIFIED WELTER. A per- ACCEPTED ENGINEERING PRACTICE. son who specializes in welding of pipes and That which conforms to accepted principles, holds a valid certificate of competency from a tests or standards of nationally recognized recognized testing laboratory, based on the technical or scientific authorities. requirements of the A.S.M.E. boiler and pres- ACCESS (TO). That which enables a fix-sure vessels code, section IX or as approved ture, appliance or equipment to be reached by by the administrative authority's testing proce- ready access or by a means that first requires dures. the removal or movement of a panel, door or AREA DRAIN. A receptacle designed to similar obstruction (see "Ready access"). collect surface or storm water from an open ACCESS COVER. A removable plate, area. usually secured by bolts or screws, to permit ASPIRATOR. A fitting or device supplied access to a pipe or pipe fitting for the purposes with water or other fluid under positive pres- of inspection, repair or cleaning. sure that passes through an integral orifice or ADAPTER FITTING. An approved con-constriction, causing a vacuum. Aspirators are necting device that suitably and properly joins also referred to as suction apparatus, and are or adjusts pipes and fittings which do not oth-similar in operation to an ejector. erwise fit together. Book 140 Regular Session, July 19, 2010 283 BACKFLOW. Pressure created by any surements are taken down the stack from the means in the water distribution system, which highest horizontal branch connection. by being in excess of the pressure in the water BRANCH VENT. A vent connecting one or supply mains causes a potential backflow con-more individual vents with a vent stack or dition. stack vent. Backpressure, low head. A pressure less BUILDING. Any structure occupied or in- than or equal to 4.33 psi (29.88 kPa) or the tended for supporting or sheltering any occu- pressure exerted by a 10-foot (3048 mm) col-pancy. umn of water. BUILDING DRAIN. That part of the lowest Backsiphonage. The backflow of potentially piping of a drainage system that receives the contaminated water into the potable water discharge from soil, waste and other drainage system as a result of the pressure in the pota-pipes inside and that extends 30 inches (762 ble water system falling below atmospheric mm) in developed length of pipe beyond the pressure of the plumbing fixtures, pools, tanks exterior walls of the building and conveys the or vats connected to the potable water distribu-drainage to the building sewer. tion piping. Combined. A building drain that conveys Backwater valve. A device or valve in-both sewage and storm water or other drai- stalled in the building drain or sewer pipe nage. where a sewer is subject to backflow, and Sanitary. A building drain that conveys se- which prevents drainage or waste from back-wage only. ing up into a low level or fixtures and causing a Storm. A building drain that conveys storm flooding condition. water or other drainage, but not sewage. Drainage. A reversal of flow in the drainage BUILDING SEWER. That part of the drai- system. nage system that extends from the end of the Water supply system. The flow of water or building drain and conveys the discharge to a other liquids, mixtures or substances into the public sewer, private sewer, individual sewage distribution pipes of a potable water supply disposal system or other point of disposal. from any source except the intended source. Combined. A building sewer that conveys BACKFLOW CONNECTION. Any ar-both sewage and storm water or other drai- rangement whereby backflow is possible. nage. BACKFLOW PREVENTER. A device or Sanitary. A building sewer that conveys means to prevent backflow. sewage only. BALL COCK. See "Fill valve." Storm. A building sewer that conveys BASE FLOOD ELEVATION. A reference storm water or other drainage, but not sewage. point, determined in accordance with the build-BUILDING SUBDRAIN. That portion of a ing code, based on the depth or peak elevation drainage system that does not drain by gravity of flooding, including wave height, which has a into the building sewer. 1 percent (100-year flood) or greater chance of BUILDING TRAP. A device, fitting or as- occurring in any given year. sembly of fittings installed in the building drain BATHROOM GROUP. A group of fixtures to prevent circulation of air between the drai- consisting of a water closet, lavatory, bathtub nage system of the building and the building or shower, including or excluding a bidet, an sewer. emergency floor drain or both. Such fixtures CIRCUIT VENT. A vent that connects to a are located together on the same floor level. horizontal drainage branch and vents two traps BEDPAN STEAMER OR BOILER. A fixture to a maximum of eight traps or trapped fixtures utilized for scalding bedpans or urinals by di-connected into a battery. rect application of steam or boiling water. CISTERN. A small covered tank for storing BEDPAN WASHER AND STERILIZER. A water for a home or farm. Generally, this tank fixture designed to wash bedpans and to flush stores rainwater to be utilized for purposes the contents into the sanitary drainage system. other than in the potable water supply, and Included are fixtures of this type that provide such tank is placed underground in most cas- for disinfecting utensils by scalding with steam es. or hot water. CLEANOUT. An access opening in the BEDPAN WASHER HOSE. A device sup-drainage system utilized for the removal of plied with hot and cold water and located adja-obstructions. Types of cleanouts include a cent to a water closet or clinical sink to be uti-removable plug or cap, and a removable fix- lized for cleansing bedpans. ture or fixture trap. BRANCH. Any part of the piping system CODE. These regulations, subsequent except a riser, main or stack. amendments thereto, or any emergency rule BRANCH INTERVAL. A vertical measure-or regulation that the administrative authority ment of distance, 8 feet (2438 mm) or more in having jurisdiction has lawfully adopted. developed length, between the connections of CODE OFFICIAL. The officer or other des- horizontal branches to a drainage stack. Mea-ignated authority charged with the administra- 284 Regular Session, July 19, 2010 Book 140 tion and enforcement of this code, or a duly length of 2 feet (610 mm) or more by means of authorized representative. a plug, cap or other closed fitting. COMBINATION FIXTURE. A fixture com-DEPTH OF WATER SEAL. The depth of bining one sink and laundry tray or a two- or water that would have to be removed from a three-compartment sink or laundry tray in one full trap before air could pass through the trap. unit. DESIGN FLOOD ELEVATION. The eleva- COMBINATION WASTE AND VENT SYS-tion of the "design flood," including wave TEM. A specially designed system of waste height, relative to the datum specified on the piping embodying the horizontal wet venting of community's legally designated flood hazard one or more sinks or floor drains by means of map. a common waste and vent pipe adequately DEVELOPED LENGTH. The length of a sized to provide free movement of air above pipeline measured along the centerline of the the flow line of the drain. pipe and fittings. COMBINED BUILDING DRAIN. See DISCHARGE PIPE. A pipe that conveys "Building drain, combined." the discharges from plumbing fixtures or ap- COMBINED BUILDING SEWER. See pliances. "Building sewer, combined." DRAIN. Any pipe that carries wastewater COMMON VENT. A vent connecting at the or water-borne wastes in a building drainage junction of two fixture drains or to a fixture system. branch and serving as a vent for both fixtures. DRAINAGE FITTINGS. Type of fitting or fit- CONCEALED FOULING SURFACE. Any tings utilized in the drainage system. Drainage surface of a plumbing fixture which is not rea-fittings are similar to cast-iron fittings, except dily visible and is not scoured or cleansed with that instead of having a bell and spigot, drai- each fixture operation. nage fittings are recessed and tapped to elimi- CONDUCTOR. A pipe inside the building nate ridges on the inside of the installed pipe. that conveys storm water from the roof to a DRAINAGE FIXTURE UNIT storm or combined building drain. Drainage (dfu). A measure of the probable CONSTRUCTION DOCUMENTS. All of discharge into the drainage system by various the written, graphic and pictorial documents types of plumbing fixtures. The drainage fix- prepared or assembled for describing the de-ture-unit value for a particular fixture depends sign, location and physical characteristics of on its volume rate of drainage discharge, on the elements of the project necessary for ob-the time duration of a single drainage opera- taining a building permit. The construction tion and on the average time between succes- drawings shall be drawn to an appropriate sive operations. scale. DRAINAGE SYSTEM. Piping within a pub- CONTAMINATION. An impairment of the lic or private premise that conveys sewage, quality of the potable water that creates an rainwater or other liquid wastes to a point of actual hazard to the public health through poi-disposal. A drainage system does not include soning or through the spread of disease by the mains of a public sewer system or a pri- sewage, industrial fluids or waste. vate or public sewage treatment or disposal CRITICAL LEVEL (C-L). An elevation plant. (height) reference point that determines the Building gravity. A drainage system that minimum height at which a backflow preventer drains by gravity into the building sewer. or vacuum breaker is installed above the flood Sanitary. A drainage system that carries level rim of the fixture or receptor served by sewage and excludes storm, surface and the device. The critical level is the elevation ground water. level below which there is a potential for back-Storm. A drainage system that carries flow to occur. If the critical level marking is not rainwater, surface water, subsurface water and indicated on the device, the bottom of the de-similar liquid wastes. vice shall constitute the critical level. EFFECTIVE OPENING. The minimum CROSS CONNECTION. Any physical con-cross-sectional area at the point of water nection or arrangement between two otherwise supply discharge, measured or expressed in separate piping systems, one of which con-terms of the diameter of a circle or, if the open- tains potable water and the other either water ing is not circular, the diameter of a circle of of unknown or questionable safety or steam, equivalent cross-sectional area. For faucets gas or chemical, whereby there exists the pos-and similar fittings, the effective opening shall sibility for flow from one system to the other, be measured at the smallest orifice in the fit- with the direction of flow depending on the ting body or in the supply piping to the fitting. pressure differential between the two systems EMERGENCY FLOOR DRAIN. A floor (see "Backflow"). drain that does not receive the discharge of DEAD END. A branch leading from a soil, any drain or indirect waste pipe, and that pro- waste or vent pipe; a building drain; or a build-tects against damage from accidental spills, ing sewer, and terminating at a developed fixture overflows and leakage. Book 140 Regular Session, July 19, 2010 285 ESSENTIALLY NONTOXIC TRANSFER stream from the orifice that allows air to be FLUIDS. Fluids having a Gosselin rating of 1, drawn into the flow stream. including propylene glycol; mineral oil; polydi-FLOW PRESSURE. The pressure in the methylsiloxane; hydrochlorofluoro-carbon, water supply pipe near the faucet or water chlorofluorocarbon and carbon refrigerants; outlet while the faucet or water outlet is wide and FDA-approved boiler water additives for open and flowing. steam boilers. FLUSH TANK. A tank designed with a fill ESSENTIALLY TOXIC TRANSFER FLU-valve and flush valve to flush the contents of IDS. Soil, waste or gray water and fluids hav-the bowl or usable portion of the fixture. ing a Gosselin rating of 2 or more including FLUSHOMETER TANK. A device inte- ethylene glycol, hydrocarbon oils, ammonia grated within an air accumulator vessel that is refrigerants and hydrazine. designed to discharge a predetermined quanti- EXISTING INSTALLATIONS. Any plumb-ty of water to fixtures for flushing purposes. ing system regulated by this code that was FLUSHOMETER VALVE. A valve attached legally installed prior to the effective date of to a pressurized water supply pipe and so de- this code, or for which a permit to install has signed that when activated it opens the line for been issued. direct flow into the fixture at a rate and quantity FAUCET. A valve end of a water pipe to operate the fixture properly, and then grad- through which water is drawn from or held ually closes to reseal fixture traps and avoid within the pipe. water hammer. FILL VALVE. A water supply valve, opened GREASE INTERCEPTOR. A plumbing ap- or closed by means of a float or similar device, purtenance that is installed in a sanitary drai- utilized to supply water to a tank. An antisi-nage system to intercept oily and greasy phon fill valve contains an antisiphon device in wastes from a wastewater discharge. Such the form of an approved air gap or vacuum device has the ability to intercept free-floating breaker that is an integral part of the fill valve fats and oils. unit and that is positioned on the discharge GREASE LADEN WASTE. Effluent dis- side of the water supply control valve. charge that is produced from food processing, FIXTURE. See "Plumbing fixture." food preparation or other sources where FIXTURE BRANCH. A drain serving two or grease, fats and oils enter automatic dishwater more fixtures that discharges to another drain prerinse stations, sinks or other appurten- or to a stack. ances. FIXTURE DRAIN. The drain from the trap GREASE REMOVAL DEVICE, AUTOMAT- of a fixture to a junction with any other drain IC (GRD). A plumbing appurtenance that is pipe. installed in the sanitary drainage system to FIXTURE FITTING intercept free-floating fats, oils and grease Supply fitting. A fitting that controls the vo-from wastewater discharge. Such a device lume and/or directional flow of water and is operates on a time- or event-controlled basis either attached to or accessible from a fixture, and has the ability to remove free-floating fats, or is used with an open or atmospheric dis-oils and grease automatically without interven- charge. tion from the user except for maintenance. Waste fitting. A combination of compo-GRIDDED WATER DISTRIBUTION SYS- nents that conveys the sanitary waste from the TEM. A water distribution system where every outlet of a fixture to the connection to the sani-water distribution pipe is interconnected so as tary drainage system. to provide two or more paths to each fixture FIXTURE SUPPLY. The water supply pipe supply pipe. connecting a fixture to a branch water supply HANGERS. See "Supports." pipe or directly to a main water supply pipe. HORIZONTAL BRANCH DRAIN. A drai- FLOOD LEVEL RIM. The edge of the re-nage branch pipe extending laterally from a ceptacle from which water overflows. soil or waste stack or building drain, with or FLOOD HAZARD AREA. The greater of without vertical sections or branches, that the following two areas: receives the discharge from two or more fix- 1. The area within a flood plain subject to a ture drains or branches and conducts the dis- 1-percent or greater chance of flooding in any charge to the soil or waste stack or to the given year. building drain. 2. The area designated as a flood hazard HORIZONTAL PIPE. Any pipe or fitting area on a community's flood hazard map or as that makes an angle of less than 45 degrees otherwise legally designated. (0.79 rad) with the horizontal. FLOW CONTROL (Vented). A device in-HOT WATER. Water at a temperature stalled upstream from the interceptor having greater than or equal to 110°F (43°C). an orifice that controls the rate of flow through HOUSE TRAP. See "Building trap." the interceptor and an air intake (vent) down-INDIRECT WASTE PIPE. A waste pipe that does not connect directly with the drai- 286 Regular Session, July 19, 2010 Book 140 nage system, but that discharges into the drai-is not screwed, caulked, threaded, soldered, nage system through an air break or air gap solvent cemented, brazed or welded. A joint in into a trap, fixture, receptor or interceptor. which compression is applied along the center- INDIVIDUAL SEWAGE DISPOSAL SYS-line of the pieces being joined. In some appli- TEM. A system for disposal of domestic se-cations, the joint is part of a coupling, fitting or wage by means of a septic tank, cesspool or adapter. mechanical treatment, designed for utilization MEDICAL GAS SYSTEM. The complete apart from a public sewer to serve a single system to convey medical gases for direct establishment or building. patient application from central supply systems INDIVIDUAL VENT. A pipe installed to vent (bulk tanks, manifolds and medical air com- a fixture trap and connects with the vent sys-pressors), with pressure and operating con- tem above the fixture served or terminates in trols, alarm warning systems, related compo- the open air. nents and piping networks extending to station INDIVIDUAL WATER SUPPLY. A water outlet valves at patient use points. supply that serves one or more families, and MEDICAL VACUUM SYSTEMS. A system that is not an approved public water supply. consisting of central-vacuum-producing INTERCEPTOR. A device designed and equipment with pressure and operating con- installed to separate and retain for removal, by trols, shutoff valves, alarm-warning systems, automatic or manual means, deleterious, ha-gauges and a network of piping extending to zardous or undesirable matter from normal and terminating with suitable station inlets at wastes, while permitting normal sewage or locations where patient suction may be re- wastes to discharge into the drainage system quired. by gravity. NONPOTABLE WATER. Water not safe JOINT for drinking, personal or culinary utilization. Expansion. A loop, return bend or return NUISANCE. Public nuisance as known in offset that provides for the expansion and con-common law or in equity jurisprudence; what- traction in a piping system and is utilized in tall ever is dangerous to human life or detrimental buildings or where there is a rapid change of to health; whatever structure or premises is not temperature, as in power plants, steam rooms sufficiently ventilated, sewered, drained, and similar occupancies. cleaned or lighted, with respect to its intended Flexible. Any joint between two pipes that occupancy; and whatever renders the air, or permits one pipe to be deflected or moved human food, drink or water supply unwhole- without movement or deflection of the other some. pipe. OCCUPANCY. The purpose for which a Mechanical. See "Mechanical joint." building or portion thereof is utilized or occu- Slip. A type of joint made by means of a pied. washer or a special type of packing compound OFFSET. A combination of approved in which one pipe is slipped into the end of an bends that makes two changes in direction adjacent pipe. bringing one section of the pipe out of line but LEAD-FREE PIPE AND FITTINGS. Con-into a line parallel with the other section. taining not more than 8.0-percent lead. OPEN AIR. Outside the structure. LEAD-FREE SOLDER AND FLUX. Con-PIPE WELDER. A person who specializes taining not more than 0.2-percent lead. in welding of pipes and holds a valid certificate LEADER. An exterior drainage pipe for of competency from a recognized testing la- conveying storm water from roof or gutter boratory, based on the requirements of the drains to an approved means of disposal. A.S.M.E. boiler and pressure vessels code, LOCAL VENT STACK. A vertical pipe to section IX or as approved by the administrative which connections are made from the fixture authority's testing procedures. side of traps and through which vapor or foul PLUMBING. The practice, materials and air is removed from the fixture or device uti-fixtures utilized in the installation, mainten- lized on bedpan washers. ance, extension and alteration of all piping, MACERATING TOILET SYSTEMS. An as-fixtures, plumbing appliances and plumbing sembly consisting of a water closet and sump appurtenances, within or adjacent to any struc- with a macerating pump that is designed to ture, in connection with sanitary drainage or collect, grind and pump wastes from the water storm drainage facilities; venting systems; and closet and up to two other fixtures connected public or private water supply systems. to the sump. PLUMBING APPLIANCE. Anyone of a AIN. The principal pipe artery to which special class of plumbing fixtures intended to branches are connected. perform a special function. Included are fix- MANIFOLD. See "Plumbing appurten-tures having the operation or control depen- ance." dent on one or more energized components, MECHANICAL JOINT. A connection be-such as motors, controls, heating elements, or tween pipes, fittings, or pipes and fittings that pressure- or temperature-sensing elements. Book 140 Regular Session, July 19, 2010 287 Such fixtures are manually adjusted or con-PUBLIC WATER MAIN. A water supply trolled by the owner or operator, or are operat-pipe for public utilization controlled by public ed automatically through one or more of the authority. following actions: a time cycle, a temperature QUICK-CLOSING VALVE. A valve or fau- range, a pressure range, a measured volume cet that closes automatically when released or weight. manually or that is controlled by a mechanical PLUMBING APPURTENANCE. A manu-means for fast-action closing. factured device, prefabricated assembly or an READY ACCESS. That which enables a on-the-job assembly of component parts that is fixture, appliance or equipment to be directly an adjunct to the basic piping system and reached without requiring the removal or plumbing fixtures. An appurtenance demands movement of any panel, door or similar ob- no additional water supply and does not add struction and without the use of a portable any discharge load to a fixture or to the drai-ladder, step stool or similar device. nage system. REDUCED PRESSURE PRINCIPLE PLUMBING FIXTURE. A receptacle or de-BACKFLOW PREVENTER. A backflow pre- vice that is either permanently or temporarily vention device consisting of two independently connected to the water distribution system of acting check valves, internally force-loaded to the premises and demands a supply of water a normally closed position and separated by therefrom; discharges wastewater, liquid-borne an intermediate chamber (or zone) in which waste materials or sewage either directly or there is an automatic relief means of venting to indirectly to the drainage system of the pre-the atmosphere, internally loaded to a normally mises; or requires both a water supply connec-open position between two tightly closing shu- tion and a discharge to the drainage system of toff valves and with a means for testing for the premises. tightness of the checks and opening of the PLUMBING SYSTEM. Includes the water relief means. supply and distribution pipes; plumbing fixtures REGISTERED DESIGN PROFESSIONAL. and traps; water-treating or water-using An individual who is registered or licensed to equipment; soil, waste and vent pipes; and practice professional architecture or engineer- sanitary and storm sewers and building drains; ing as defined by the statutory requirements of in addition to their respective connections, the professional registration laws of the state devices and appurtenances within a structure or jurisdiction in which the project is to be con- or premises. structed. POLLUTION. An impairment of the quality RELIEF VALVE of the potable water to a degree that does not Pressure relief valve. A pressure-actuated create a hazard to the public health but that valve held closed by a spring or other means does adversely and unreasonably affect the and designed to relieve pressure automatically aesthetic qualities of such potable water for at the pressure at which such valve is set. domestic use. Temperature and pressure relief (T&P) POTABLE WATER. Water free from impur-valve. A combination relief valve designed to ities present in amounts sufficient to cause function as both a temperature relief and a disease or harmful physiological effects and pressure relief valve. conforming to the bacteriological and chemical Temperature relief valve. A temperature- quality requirements of the Public Health Ser-actuated valve designed to discharge automat- vice Drinking Water Standards or the regula-ically at the temperature at which such valve is tions of the public health authority having juris-set. diction. RELIEF VENT. A vent whose primary func- PRIVATE. In the classification of plumbing tion is to provide circulation of air between fixtures, "private" applies to fixtures in resi-drainage and vent systems. dences and apartments, and to fixtures in RIM. An unobstructed open edge of a fix- nonpublic toilet rooms of hotels and motels ture. and similar installations in buildings where the RISER. See "Water pipe, riser." plumbing fixtures are intended for utilization by ROOF DRAIN. A drain installed to receive a family or an individual. water collecting on the surface of a roof and to PUBLIC OR PUBLIC UTILIZATION. In the discharge such water into a leader or a con- classification of plumbing fixtures, "public" ap-ductor. plies to fixtures in general toilet rooms of ROUGH-IN. Parts of the plumbing system schools, gymnasiums, hotels, airports, bus and that are installed prior to the installation of fix- railroad stations, public buildings, bars, public tures. This includes drainage, water supply, comfort stations, office buildings, stadiums, vent piping and the necessary fixture supports stores, restaurants and other installations and any fixtures that are built into the struc- where a number of fixtures are installed so that ture. their utilization is similarly unrestricted. 288 Regular Session, July 19, 2010 Book 140 SELF-CLOSING FAUCET. A faucet con-Utensil. A device for the sterilization of taining a valve that automatically closes upon utensils as utilized in health care services. deactivation of the opening means. Water. A water sterilizer is a device for ste- SEPARATOR. See "Interceptor." rilizing water and storing sterile water. SEWAGE. Any liquid waste containing an-STERILIZER VENT. A separate pipe or imal or vegetable matter in suspension or solu-stack, indirectly connected to the building drai- tion, including liquids containing chemicals in nage system at the lower terminal, that rece- solution. ives the vapors from nonpressure sterilizers, or SEWAGE EJECTORS. A device for lifting the exhaust vapors from pressure sterilizers, sewage by entraining the sewage in a high-and conducts the vapors directly to the open velocity jet of steam, air or water. air. Also called vapor, steam, atmospheric or SEWER exhaust vent. Building sewer. See "Building sewer." STORM DRAIN. See "Drainage system, Public sewer. A common sewer directly storm." controlled by public authority. STRUCTURE. That which is built or con- Sanitary sewer. A sewer that carries se-structed or a portion thereof. wage and excludes storm, surface and ground SUBSOIL DRAIN. A drain that collects water. subsurface water or seepage water and con- Storm sewer. A sewer that conveys rain-veys such water to a place of disposal. water, surface water, subsurface water and SUMP. A tank or pit that receives sewage similar liquid wastes. or liquid waste, located below the normal SLOPE. The fall (pitch) of a line of pipe in grade of the gravity system and that must be reference to a horizontal plane. In drainage, emptied by mechanical means. the slope is expressed as the fall in units ver-SUMP PUMP. An automatic water pump tical per units horizontal (percent) for a length powered by an electric motor for the removal of pipe. of drainage, except raw sewage, from a sump, SOIL PIPE. A pipe that conveys sewage pit or low point. containing fecal matter to the building drain or SUMP VENT. A vent from pneumatic se- building sewer. wage ejectors, or similar equipment, that ter- SPILLPROOF VACUUM BREAKER. An minates separately to the open air. assembly consisting of one check valve force-SUPPORTS. Devices for supporting and loaded closed and an air-inlet vent valve force-securing pipe, fixtures and equipment. loaded open to atmosphere, positioned down-SWIMMING POOL. Any structure, basin, stream of the check valve, and located be-chamber or tank containing an artificial body of tween and including two tightly closing shutoff water for swimming, diving or recreational valves and a test cock. bathing having a depth of 2 feet (610 mm) or STACK. A general term for any vertical line more at any point. of soil, waste, vent or inside conductor piping TEMPERED WATER. Water having a that extends through at least one story with or temperature range between 85°F (29°C) and without offsets. 110°F (43°C). STACK VENT. The extension of a soil or THIRD-PARTY CERTIFICATION AGEN- waste stack above the highest horizontal drain CY. An approved agency operating a product connected to the stack. or material certification system that incorpo- STACK VENTING. A method of venting a rates initial product testing, assessment and fixture or fixtures through the soil or waste surveillance of a manufacturer's quality control stack. system. STERILIZER THIRD-PARTY CERTIFIED. Certification Boiling type. A boiling-type sterilizer is a obtained by the manufacturer indicating that fixture of a nonpressure type utilized for boiling the function and performance characteristics of instruments, utensils or other equipment for a product or material have been determined by disinfection. These devices are portable or are testing and ongoing surveillance by an ap- connected to the plumbing system. proved third-party certification agency. Asser- Instrument. A device for the sterilization of tion of certification is in the form of identifica- various instruments. tion in accordance with the requirements of the Pressure ( autoclave). A pressure vessel third-party certification agency. fixture designed to utilize steam under pres-THIRD-PARTY TESTED.Procedure by sure for sterilizing. which an approved testing laboratory provides Pressure instrument washer sterilizer. A documentation that a product, material or sys- pressure instrument washer sterilizer is a tem conforms to specified requirements. pressure vessel fixture designed to both wash TRAP.A fitting or device that provides a and sterilize instruments during the operating liquid seal to prevent the emission of sewer cycle of the fixture. gases without materially affecting the flow of sewage or wastewater through the trap. Book 140 Regular Session, July 19, 2010 289 TRAP SEAL.The vertical distance be-ter from the water service pipe, or from the tween the weir and the top of the dip of the meter when the meter is at the structure, to the trap. points of utilization. UNSTABLE GROUND.Earth that does not Water service pipe. The pipe from the wa- provide a uniform bearing for the barrel of the ter main or other source of potable water sewer pipe between the joints at the bottom of supply, or from the meter when the meter is at the pipe trench. the public right of way, to the water distribution VACUUM.Any pressure less than that ex-system of the building served. erted by the atmosphere. WATER SUPPLY SYSTEM. The water VACUUM BREAKER.A type of backflow service pipe, water distribution pipes, and the preventer installed on openings subject to necessary connecting pipes, fittings, control normal atmospheric pressure that prevents valves and all appurtenances in or adjacent to backflow by admitting atmospheric pressure the structure or premises. through ports to the discharge side of the WELL device. Bored. A well constructed by boring a VENT PIPE.See "Vent system." hole in the ground with an auger and instal- VENT STACK.A vertical vent pipe in-ling a casing. stalled primarily for the purpose of providing Drilled. A well constructed by making a circulation of air to and from any part of the hole in the ground with a drilling machine drainage system. of any type and installing casing and VENT SYSTEM.A pipe or pipes installed screen. to provide a flow of air to or from a drainage Driven. A well constructed by driving a system, or to provide a circulation of air within pipe in the ground. The drive pipe is usual- such system to protect trap seals from sipho-ly fitted with a well point and screen. nage and backpressure. Dug. A well constructed by excavating VERTICAL PIPE.Any pipe or fitting that a large-diameter shaft and installing a cas- makes an angle of 45 degrees (0.79 rad) or ing. more with the horizontal. WHIRLPOOL BATHTUB. A plumbing ap- WALL-HUNG WATER CLOSET. A wall-pliance consisting of a bathtub fixture that is mounted water closet installed in such a way equipped and fitted with a circulating piping that the fixture does not touch the floor. system designed to accept, circulate and dis- WASTE. The discharge from any fixture, charge bathtub water upon each use. appliance, area or appurtenance that does not YOKE VENT. A pipe connecting upward contain fecal matter. from a soil or waste stack to a vent stack for WASTE PIPE. A pipe that conveys only the purpose of preventing pressure changes in waste. the stacks. WATER-HAMMER ARRESTOR. A device Sec. 605. Use of Copper Tubing. utilized to absorb the pressure surge (water (a).Copper tube for underground drai- hammer) that occurs when water flow is sud-nage and vent piping shall be tempered denly stopped in a water supply system. copper tube type L or type K. WATER HEATER. Any heating appliance (b) Copper tube for aboveground drai- or equipment that heats potable water and nage and vent piping shall be type L or supplies such water to the potable hot water type K. distribution system. (c) Copper tube shall not be used for WATER MAIN. A water supply pipe or sys-chemical or industrial wastes as defined in tem of pipes, installed and maintained by a Section 605 of this Code. city, township, county, public utility company or (d) Copper tube for building supply pip- other public entity, on public property, in the ing shall be type K to the point of entrance street or in an approved dedicated easement to a building or structure. Water distribution of public or community use. pipe within a building or structure shall be WATER OUTLET. A discharge opening type L or type K. through which water is supplied to a fixture, Type M copper tube may be used in into the atmosphere (except into an open tank detached one- and two-family dwellings that is part of the water supply system), to a within the structure only when piping is ab- boiler or heating system, or to any devices or oveground or floor slab. equipment requiring water to operate but (e) In addition to the required incised which are not part of the plumbing system. marking, all hand drawn copper tubing WATER PIPE shall be marked by means of a continuous Riser. A water supply pipe that extends and indelibly colored stripe at least one- one full story or more to convey water to quarter inch branches or to a group of fixtures. (6.4 mm) in width as follows: type K, Water distribution pipe. A pipe within the green; type L, blue; type M, red; type DVW, structure or on the premises that conveys wa-yellow. 290 Regular Session, July 19, 2010 Book 140 (f) Listed flexible water connectors shall connected to any drainage system, public be installed in exposed locations. sewer, or private sewer, any ashes, cind- Sec. 605.3. Materials. ers, solids, rags, flammable, poisonous, or (a) Building supply water piping to the explosive liquids or gases, oils, grease, point of entrance to the building shall be and any other thing whatsoever which made of copper tube type K, or cast-iron would or could cause damage to the public water pipe. sewer or private sewer. (b) Water distributing piping shall be of (b) No storm water, surface water, brass pipe, copper tube type L or type K, ground water, roof runoff, subsurface drai- copper pipe, galvanized wrought iron pipe, nage, interior or exterior foundation drains galvanized open-hearth pipe, galvanized or floor drains used for collecting storm wa- steel pipe. Plastic piping for potable water ter shall be connected to or discharged into distribution is prohibited unless approval is any drainage system connected to a public given by the Plumbing Board or the admin-or private sanitary sewer. istrative authority. (c) No septic tank, seepage pit, or Type M copper tube may be used in drainfield shall be connected to any public one- and two-family dwellings within the sewer or to any building sewer leading to structure only when piping is aboveground such public sewer. or floor slab. (d) No commercial food waste grinder (c) All materials used in the water shall be connected to a private sewage supply system, except valves and similar disposal system unless permission has first devices shall be of a like material, except been obtained from the administrative au- where otherwise specifically approved by thority. the building official. (e) An approved type watertight se- (d) Cast-iron fittings up to and including wage or waste water holding tank, the con- two (2) inches (50.8mm) in size, when tents of which, due to their character, must used in potable water piping, shall be gal-be periodically removed and disposed of at vanized. some approved offsite location, shall be in- (e) All malleable iron water fittings shall stalled only when required by the Adminis- be galvanized. trative Authority or the Health Officer to (f) Solder shall conform to the require-prevent anticipated surface or subsurface ments of Sec. 802(d). contamination or pollution, damage to the Sec. 609. Cooling Water. public sewer, or other hazardous or nuis- The discharge of water used exclusively as ance condition. a cooling medium in an appliance, device, or Sec. 702. Building Sewer Materials. apparatus to any sanitary sewer is specifically (a) The building sewer, beginning 2' prohibited. from any building or structure shall be of Exception: Clean running water used ex-such materials as approved by the admin- clusively as a cooling medium in an appliance, istrative authority. device or apparatus may discharge into the (b) Joining methods and materials shall drainage system if the same comes from be as prescribed in Chapter 7 of this Code. equipment so designed that the total rate of Sec. 702.1. Drainage piping aboveground discharge from the premises served on such within buildings shall be of brass pipe, copper sewer cannot exceed five (5) gallons per tube Type L or Type K, cast-iron soil pipe, gal- minute. vanized steel pipe, lead pipe, ABS or PVC- Sec. 701.5. Damage to Drainage System DVW Schedule 40 plastic pipe, except that: or Public Sewer. (1) No galvanized wrought iron or gal- Roofs, inner courts, vent shafts, light wells vanized steel pipe shall be used under- or similar areas having rain water drain, shall ground and shall be kept at least six (6) discharge to the outside of the building, to the inches (152.4mm) above ground. gutter, or to a storm drainage system. (2) No vitrified clay pipe or fittings shall The installation of sump pumps, sump be used above ground, where pressurized pump connections, or gravity connections by a pump or ejector, or on the interior of which discharge or cause to be discharged, any building or structure. any storm water, surface water, groundwater, Sec. 702.2. Underground Building Sanitary roof runoff, subsurface drainage, interior and Drainage and Vent Pipe. exterior foundation drains, or floor drains used (a) Underground building drains shall for collecting storm water to any sanitary sew-be of cast-iron soil pipe, tempered copper er is specifically prohibited. tube Type L or Type K, ABS or PVC-DVW (a) It shall be unlawful for any person to Schedule 40 plastic pipe. deposit, by any means whatsoever, into (b) Drainage fittings shall be of cast- any plumbing fixture, floor drain, intercep-iron, malleable iron, lead, brass, copper, tor, sump, receptacle, or device which is ABS or PVC Schedule 40, or other ap- Book 140 Regular Session, July 19, 2010 291 proved materials having a smooth interior (3) Excepting the building drain and waterway of the same diameter as the pip-its horizontal branches, a cleanout shall ing served and all such fittings shall con-not be required on any pipe or piping form to the type of pipe used. which is above the first floor of the (1) Fittings on screwed pipe shall building. be of the recessed drainage type. (4) An approved type of two-way Burred ends shall be reamed to the full cleanout fitting, installed inside the bore of the pipe. building wall near the connection be- (2) The threads of drainage fittings tween the building drain and building shall be tapped so as to allow one-sewer or installed outside of a building fourth inch per foot (20.9 mm/m) grade. at the lower end of a building drain and Sec. 703. Size of Building Sewers. extended to grade, may be substituted The minimum size of any building sewer for an upper terminal cleanout. shall be determined on the basis of the total (e) Each vertical drainage pipe which number of fixture units drained by such sew-has a double sanitary tee installed shall be ers, in accordance with Table 11-2. No build-provided with a cleanout within a distance ing sewer shall have a smaller diameter than of thirty-six (36) inches above or below the four (4) inches or the size of the building drain; centerline of the sanitary tee. whichever is larger. (f) Each drainage pipe penetrating the Sec. 708. Cleanouts. lowest floor level of any structure shall be (a) Every vent pipe that penetrates the provided with a cleanout located not less lowest floor level shall be provided with a than six (6) nor more than thirty (30) inches cleanout located not less than six (6) nor above the lowest floor level. more than thirty (30) inches above the low-(g) An additional cleanout shall be pro- est floor level. vided in a horizontal line for each aggre- (b) Each cleanout in piping two (2) gate change of direction exceeding one inches or less in size shall be so installed hundred and thirty-five (135) degrees. that there is a clearance of not less than (h) Each cleanout shall be installed so twelve (12) inches in front of the cleanout. that it opens in a direction opposite to the Cleanouts in piping larger than two (2) flow of the soil or waste or at right angles inches shall have a clearance of not less thereto and, except in the case of "wye" than eighteen (18) inches in front of the branch and end-of-line cleanouts, shall be cleanout. Cleanouts in underfloor piping installed vertically above the flow line of the shall be extended to or above the finished pipe. floor or shall be extended outside the build-(i) Each cleanout extension shall be ing when there is less than eighteen (18) considered as drainage piping and each inches vertical and thirty (30) inches hori-ninety (90) degree cleanout extension shall zontal clearance from the means of access be extended from a "Y" type fitting or other to such cleanout. No underfloor cleanout in approved fitting of equivalent sweep. any residential occupancy shall be located (j) Each cleanout for an interceptor more than twenty (20) feet from an access shall be outside of such interceptor. door, trap door, or crawl hole. (k) Each cleanout, unless installed un- (c) Cleanout fittings shall be not less in der an approved cover plate, shall be size than those established by the building above grade, readily accessible, and so lo- official. cated as to serve the purpose for which it (d) Each horizontal drainage pipe shall is intended. Cleanouts located under cover be provided with a cleanout at its upper plates shall be so installed as to provide terminal and each run of piping, which is the clearances and accessibility required more than one hundred (100) feet (30.4m) by this Section. in total developed length, shall be provided (l) Each cleanout in piping two (2) inch- with a cleanout for each one hundred (100) es or less in size shall be so installed that feet (30.4m), or fraction thereof, in length there is a clearance of not less than twelve of such piping. (12) inches in front of the cleanout. Clea- (1) Cleanouts may be omitted on a nouts in piping larger than two (2) inches horizontal drain line less than five (5) shall have a clearance of not less than feet (1.5m) in length unless such line is eighteen (18) inches in front of the clea- serving sinks or urinals. nout. Cleanouts in underfloor piping shall (2) Cleanouts may be omitted on be extended to or above the finished floor any horizontal drainage pipe installed or shall be extended outside the building on a slope of seventy-two (72) degrees when there is less than eighteen (18) inch- or less from the vertical angle (angle of es vertical and thirty (30) inches horizontal one-fifth (1/5) bend). clearance from the means of access to such cleanout. No underfloor cleanout in 292 Regular Session, July 19, 2010 Book 140 any residential occupancy shall be located (1) No galvanized steel pipe shall more than twenty (20) feet from an access be used underground and shall be kept door, trap door, or crawl hole. at least six (6) inches aboveground. (m) Cleanout fittings shall be not less in (2) ABS and PVC DWV piping in- size than those established by the building stallations shall be limited to structures official. not exceeding three (3) floors above (n) Cleanouts shall be provided for grade. For the purpose of this Subsec- pressure drainage systems as classified tion, the first floor of a building shall be under Section 708. that floor that has fifty percent (50%) or (o) Countersunk cleanout plugs shall more of the exterior wall surface area be installed where raised heads may cause level with or above finished grade. One a hazard. (1) additional level that is the first level (p) When a hubless blind plug is used and not designed for human habitation for a required cleanout, the complete and used only for vehicle parking, sto- coupling and plug shall be accessible for rage, or similar use shall be permitted. removal or replacement. (b) Vent piping underground shall be Sec. 712. Drainage of Fixtures Located Be-cast-iron soil pipe, copper tube type L or low the Next Upstream Manhole or Below the type K, ABS or DWV schedule 40 plastic Main Sewer Level. pipe. When subsoil drainage systems are in-(c) Vent fittings shall be cast-iron, gal- stalled, they shall be discharged into an ap-vanized malleable iron or galvanized steel, proved sump or receiving tank and shall be lead, copper, brass, ABS or PVC schedule discharged in a manner satisfactory to the 40 or other approved materials except that administrative authority. The installation of no galvanized malleable iron or galvanized sump pumps or sump pump connections, steel fittings shall be used underground which discharge or cause to be discharged, and shall be kept at least six (6) inches ab- any storm water, surface water, groundwater, oveground. roof runoff, subsurface drainage, including (d) Changes in direction of vent piping interior and exterior foundation drains, floor shall be made by the appropriate use of drains used for collecting storm water, uncon-approved fittings and, with the exception of taminated cooling water, or unpolluted indus-copper tube, no such pipe shall be strained trial process waters, to any sanitary sewer, is or bent. Burred ends shall be reamed to specifically prohibited. the full bore of the pipe. Air conditioning water, drip pans, refrigera-Sec. 904. Vent Termination. tion water or cooling tower water may be dis-(a) Each vent pipe or stack shall extend charged into a sanitary sewer if the same through its flashing and shall terminate ver- comes from equipment so designed that the tically not less than six (6) inches above total rate of discharge from the premises the roof nor less than one (1) foot from any served on such sewer cannot exceed five (5) vertical surface. gallons per minute. (b) Each vent shall terminate not less Sec. 715.2. Backwater Valves. Backwater than ten (10) feet from, or at least three (3) valves shall have bodies of cast iron, brass, or feet above any openable window, door, other approved materials, noncorrosive bear-opening, air intake, or vent shaft, nor less ings, seats and self-aligning discs, and shall than three (3) feet in every direction from be so constructed as to insure a positive me-any lot line; alley and street excepted. chanical seal and to remain closed, except (c) Vent pipes shall be extended sepa- when discharging wastes. Such valves shall rately or combined, of full required size, not remain sufficiently open during periods of low less than six (6) inches above the roof or flows to avoid screening of solids and shall not fire wall. Flagpoling of vents is prohibited restrict capacities or cause excessive turbu-except where the roof is used for purposes lence during peak loads. Unless otherwise other than weather protection. All vents listed, valve access covers shall be bolted type within ten (10) feet of any part of the roof with gasket and each valve shall bear the that is used for such other purposes shall manufacturer's name cast into body and cover. extend not less than seven (7) feet above Backwater valves shall be installed so that such roof and shall be securely stayed. their working parts will be accessible for ser-(d) Vent pipes for outdoor installations vice and repairs. shall extend at least ten (10) feet above Sec. 902. Materials. ground and shall be securely supported. (a) Vent piping aboveground in build-(e) Joints at the roof around vent pipes ings shall be of brass pipe, copper pipe, shall be made watertight by the use of ap- copper tube, type L or type K, cast-iron soil proved flashings or flashing material. pipe, galvanized steel pipe, lead pipe, ABS (f) Frost or Snow Closure. Where frost or PVC-DWV schedule 40 plastic pipe. or snow closure is likely to occur in loca- Book 140 Regular Session, July 19, 2010 293 tions having minimum design temperature 2009 International Mechanical Code: City below 0 degrees F, vent terminals shall be Manager recommending adoption of the 2009 a minimum of three (3) inches in diameter International Mechanical Code. Motion by but in no event smaller than the required Connors to receive and file the documents and vent pipe. The change in diameter shall be that the requirement that a proposed ordin- made inside the building at least one (1) ance be considered and voted on for passage foot below the roof and terminate not less at two Council meetings prior to the meeting at than ten (10) inches above the roof, or as which it is to be passed be suspended. required by the administrative authority. Seconded by Braig. Motion carried 6-0. 14-1H-3. Licensure and Certification. Motion by Connors for final consideration 1.Except as provided in Iowa Code and passage of Ordinance No. 44-10 Amend- section 105.11, a person shall not operate ing City of Dubuque Code of Ordinances Title as a contractor or install or repair plumb-14 Building Development, Chapter 1 Building ing, HVAC, refrigeration, or hydronic sys-Codes, Article F International Mechanical tems without obtaining a license issued by Code, Section 14-1F-1 International Mechani- the State, or install or repair medical gas cal Code Adopted by repealing such section piping systems without obtaining a valid and enacting a new section in lieu thereof and certification approved by the State. Sections 14-1F-2 and 14-1F-3 International 2.Except as provided in Iowa Code Mechanical Code Amendments providing for section 105.11, a person shall not engage the adoption of the International Mechanical in the business of designing, installing, or Code (2009) and making amendments thereto. repairing plumbing, HVAC, refrigeration, or Seconded by Braig. Motion carried 6-0. hydronic systems unless at all times a li- OFFICIAL PUBLICATION censed master, who shall be responsible ORDINANCE NO. 44-10 for the proper designing, installing, and re- AMENDING CITY OF DUBUQUE CODE OF pairing of the Plumbing, HVAC, refrigera- ORDINANCES TITLE 14 BUILDING DEVEL- tion, or hydronic system, is employed by OPMENT, CHAPTER 1 BUILDING CODES, the person and is actively in charge of the ARTICLE F INTERNATIONAL MECHANICAL plumbing, HVAC, refrigeration, or hydronic CODE, SECTION 14-1F-1 INTERNATIONAL work of the person. An individual who per- MECHANICAL CODE ADOPTED BY RE- forms such work pursuant to a business PEALING SUCH SECTION AND ENACTING operated as a sole proprietorship shall be a A NEW SECTION IN LIEU THEREOF AND licensed master in the applicable discipline. SECTIONS 14-1F-2 AND 14-1F-3 INTERNA- 14-1H-4. Backflow Prevention Require- TIONAL MECHANICAL CODE AMEND- ments for New Residential Construction. MENTS PROVIDING FOR THE ADOPTION There are hereby established minimum OF THE INTERNATIONAL MECHANICAL backflow prevention standards for new resi- CODE (2009) AND MAKING AMENDMENTS dential construction. The city manager shall THERETO determine the type of backflow prevention as- sembly required for containment based on the NOW, THEREFORE, BE IT ORDAINED degree of hazard as outlined in Title 13, Chap-BY THE CITY COUNCIL OF THE CITY OF ter 1, Article D. DUBUQUE, IOWA: 14-1H-5. Backflow Prevention Require-Section 1. Section 14-1F-1 of the City of ments for Existing Water Services. Dubuque Code of Ordinances is amended by The requirements for backflow prevention repealing Section 14-1F-1 and enacting a new related to existing water services are outlined Section 14-1F-1 in lieu thereof as follows: in Title 13, Chapter 1, Article D. 14-1F-1: INTERNATIONAL MECHAN- Sec. 14-1H-6. Inspection Fees. ICAL CODE ADOPTED: A fee shall be paid for inspections made Except as hereinafter added to, de- outside of normal business hours and for in-leted, modified or amended, there is here- spections for which no fees are specifically by adopted by reference as the mechanical indicated. Inspection fees shall be as set forth code of the city that certain mechanical by the City Manager. code known as the international mechani- Section 3. This Ordinance shall take effect cal code, 2009 edition, and the provisions on publication. of such mechanical code shall be control- th Passed, approved and adopted this 19 ling for the installation, maintenance and day of July, 2010. use of heating, ventilating, cooling, refrige- /s/Roy D. Buol, Mayor ration systems, incinerators and other mis- Attest: /s/Jeanne F. Schneider, CMC, City cellaneous heat producing appliances with- Clerk in the corporate limits of the city and shall Published officially in the Telegraph Herald be known as the Dubuque mechanical th Newspaper the 24 day of July, 2010. code. A copy of the international mechani- /s/Jeanne F. Schneider, CMC, City Clerk cal code, 2009 edition, as adopted, shall 294 Regular Session, July 19, 2010 Book 140 be on file in the office of the city clerk for bership, a chairperson and vice chairper- public inspection. son, each to serve a term of one (1) year. Section 2. Sections 14-1F-2 and 14-1F-3 of The building official, or the building offi- the City of Dubuque Code of Ordinances are cial’s designee, shall be secretary of the amended by repealing Sections 14-1F-2 and Board. The Board shall fill vacancies 14-1F-3 and enacting the following additions, among its officers for the remainder of the deletions, modifications, or amendments of the unexpired term. International Mechanical Code, 2009 Edition, I. Meetings. adopted in Section 14-1F-1 to read as follows: 1. Regular Meetings. The Me- Section 203, "Board of Appeals" is hereby chanical Code Board shall meet at amended by repealing such section and re-least once every three (3) months. placing such section with a new section in lieu 2. Special Meetings. Special thereof as follows: meetings may be called by the chair- Section 203. Mechanical Code Board person or at the written request of A. Board Created. There is hereby three (3) members by giving at least created a Mechanical Code Board. twenty-four (24) hours notice to every B. Mission. The mission of the Mechan-other member of the Commission. ical Code Board shall be to determine the The call for a special meeting shall suitability of alternative materials and me-include an agenda and only matters thods of installation, to provide for reason-included in that agenda may be acted able interpretations of the Mechanical on at the meeting. Code, to serve as an appeal body for the 3. Open Meetings. All meetings decisions of the building official, to advise shall be called and held in confor- the City Council on all heating, ventilating, mance with the Iowa Open Meetings air conditioning, and refrigeration regula-Law. tions and procedures, and to provide for 4. Attendance. examining applicants for certification of a. In the event a member of competency and issuing certificates of the Mechanical Code Board, competency and registration. created by this Chapter, has been C. Internal Organization and Rules. absent for three (3) or more con- The Board may adopt rules and regulations secutive meetings of the Board, to govern its organizational procedures as without being excused by the may be necessary and which are not in chairperson, it shall be grounds conflict with City or State Code. for the Board to recommend to D. Procedures for Operation. All admin-the City Council that the position istrative, personnel, accounting, budgetary, be declared vacant and a re- and procurement policies of the City shall placement appointed. govern the Board in all its operations. b. Attendance shall be entered E. Membership. upon the minutes of all meetings. 1. The Mechanical Code Board 5. Minutes. A copy of the minutes shall consist of seven (7) residents of of all regular and special meetings of the City of Dubuque, appointed by the the Board shall be filed with the City City Council. Council within ten (10) working days 2. Special Qualifications. after each meeting. a. Each member shall 6. Quorum. Four (4) members of have a background or expe-the Board shall constitute a quorum rience in sheet metal con-for the transaction of business. The tracting, hot water and affirmative vote of at least four (4) steam fitting contracting, hot members shall be necessary for the water and steam fitting work, adoption of any resolution. refrigeration contracting, re-J. Compensation. The members of the frigeration work, or mechan-Mechanical Code Board created by this ical engineering. Chapter shall serve without compensation, F. Terms. The term of office for mem-provided that they may receive reimburse- bers of the Mechanical Code Board shall ment for necessary travel and other ex- be three (3) years. All officers shall be eli-penses while on official Board business gible to serve successive terms of office. and such shall be within the limits estab- G. Vacancies. Vacancies caused by lished in the City budget. death, resignation, or otherwise shall be K. Removal. The City Council may re- promptly filled by the City Council for the move any member of any board or com- unexpired term of office. mission which it has established. H. Officers/Organization. The Board shall choose annually, from its own mem- Book 140 Regular Session, July 19, 2010 295 L. Powers. The Mechanical Code Section 3. This Ordinance shall take effect Board Commission shall have the following on publication. th powers, duties, and responsibilities: Passed, approved and adopted this 19 Any person who is aggrieved by a day of July, 2010. decision of the building official result-/s/Roy D. Buol, Mayor ing from the enforcement of the Me-Attest: chanical Code may appeal from such /s/Jeanne F. Schneider, CMC, City Clerk decision to the Mechanical Code Published officially in the Telegraph Herald th Board, and said Board shall serve as Newspaper the 24 day of July, 2010. an appeal board. In case the ag-/s/Jeanne F. Schneider, CMC, City Clerk grieved party is a board member, said COUNCIL MEMBER REPORTS member shall be disqualified as a member of the board acting as an appeal board until the person ag-Jones reported that the Dubuque County grieved has been heard and a deci-Empowerment Board now has sufficient Coun- sion rendered. cil representation from the region and that he The appeal shall be made by the will not be submitting an application to person aggrieved giving written notice represent the Dubuque City Council. of such appeal to the building official Buol reported that after thinking of an idea at the building official’s office within to carry a bag for picking up litter, he noticed a seven (7) days. The building official citizen doing just that. shall, within seven (7) days thereaf- ter, notify the board of the appeal. There being no further business, upon mo- The Mechanical Code Board shall tion the City Council adjourned at 10:50 p.m. meet within seven (7) days after re- ceiving such notice and shall render a /s/Jeanne F. Schneider, CMC decision within five (5) days thereaf-City Clerk ter. Any interested party, including the building official, may have the right to present such party’s case to the ap- peal board, whose decision shall be final unless appealed to the district court as provided by law. Section 204, "Violations" is hereby amended by repealing such section and re- placing such section with a new section in lieu thereof as follows: Section 204. Violations and Penalties. It shall be unlawful for any person, firm, or cor- poration to erect, construct, enlarge, alter, re- pair, move, improve, remove, convert, or de- molish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Title 1 of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Table 3-A, “Mechanical Permit Fees" is hereby repealed. 14-1F-3. Fees. The fee for each me- chanical permit and supplemental mechan- ical permits shall be as established by the City Manager. 296 Regular Session, August 2, 2010 Book 140 CITY OF DUBUQUE, IOWA property damage; Dan and Lori Dolphin for property damage; Dorothy L. Lester vs. City of CITY COUNCIL Dubuque, an Iowa Municipal Corporation. OFFICIAL Upon motion the documents were received, PROCEEDINGS filed and 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 August 2, 2010 in the Services of Iowa, the agent for the Iowa Com- Historic Federal Building. munities Assurance Pool: Stephanie Schadl for personal injury/property damage; Erin Fitz- Present: Mayor Buol, Council Members simmons for vehicle damage; Tom Juergens Braig, Connors, Jones, Lynch, Resnick, Voet- for personal injury; Gayle Walter for personal berg (Via Conference Phone), City Manager injury; Jennifer Bries for vehicle damage; Neil Van Milligen, City Attorney Lindahl Pitman for property damage. Upon motion the documents were received, filed and concurred. Mayor Buol read the call and stated this is a regular session of the City Council to act First Half of 2010 Weed Assessments: City upon such business that may properly come Manager recommending approval of the levy before the City Council. of special assessments for the first half of the 2010 Weed Enforcement Program in the total Pledge of Allegiance amount of $1,372.15. Upon motion the docu- ments were received and filed and Resolution Invocation was provided by Pastor Kristian No. 279-10 Adopting the schedule of assess- Kincaid, Our Redeemer Lutheran Church ments for the first half of the 2010 Weed En- forcement Program and directing the City PROCLAMATIONS Clerk to certify the schedule of assessments to the County Treasurer and to publish notice United Way Campaign Time (August 2010) thereof was adopted. was accepted by Campaign Co-Chair Judy Wolf; Responsible Gaming Education Week RESOLUTION NO. 279-10 (August 2-6, 2010) was accepted by Joey An- ADOPTING THE SCHEDULE OF ASSESS- derson from the Mystique Casino and Scott MENTS FOR FIRST HALF OF 2010 AND Cooper from the Diamond Jo Casino. DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUB- CONSENT ITEMS LISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED Motion by Lynch to receive and file the BY THE CITY COUNCIL OF THE CITY OF documents, adopt the resolutions, and dispose DUBUQUE, IOWA: of as indicated. Seconded by Lynch. Motion That after full consideration of the Sche- carried 7-0. dule of Assessments attached hereto for weed/grass cutting tax assessments which Minutes and Reports Submitted: Arts and Schedule of Assessments was filed in the of- Cultural Affairs Advisory Commission of 5/25, th fice of the City Clerk on the 29 day of July, 6/10 and 6/16; City Council of 7/19; Library 2010, the said Schedule of Assessments be Board of Trustees of 4/22; Historic Preserva- and the same is hereby approved and tion Commission of 7/15; Housing Commission adopted. of 5/25 That there be, and is herby assessed and Library Board of Trustees Update from the levied as a lien upon the real property, the Meeting of July 22, 2010 respective sums indicated. Proof of publication of City Council Pro- That the City Clerk be and is hereby di- ceedings of July 6, 2010 rected to certify said schedule to the County Upon motion the documents were received Treasurer of Dubuque County, Iowa, and to and filed. publish notice of said certification once each week for two consecutive weeks in the manner Notice of Claims/Suits: Thomas J. Juer- provided in Iowa Code § 362.3, the first publi- gens for personal injury; Erin Fitzsimmons for cation of which shall be not more than fifteen vehicle damage; Gayle Walter for personal days from the date of filing of the final sche- injury; Karen L. Candee for property damage; dule. On or before the date of the second pub- Jennifer Bries for vehicle damage; Thomas J. lication of the notice, the City Clerk shall also Juergens for personal injury; Erin Fitzsimmons mail a copy of said notice to property owners for vehicle damage; Neil and Beth Pitman for Book 140 Regular Session, August 2, 2010 297 whose property is subject to assessment, as Kevin & Sarah Halfhill, 1801 Lincoln Ave., provided and directed in Iowa Code § 384.60. Dubuque, IA 52001; Lincoln, 1801; Lot 553 The assessments may be paid in full or in Hams Add; Weed cutting; 77.50 part without interest at the Utility Billing Office, City Mortgage, Inc., Merger to Citi Finan- th City Hall, 50 W. 13 Street, Dubuque, Iowa, at cial Mortgage Co., 1000 Technology Drive, any time within 30 days after the date of the O'Fallon, MO 63368; Merz, 916; Lot 22 A first publication of the notice of the filing of the Stines Sub; Weed cutting; 95.00 TOTAL Assessments: 1,372.14 Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Highway 61 / 151 South Water Main Ex- Dubuque County Courthouse, 720 Central tension Project: City Manager recommending Avenue, Dubuque, Iowa, and charges shall be acceptance of the Highway 61 / 151 South collected in the same manner as general Water Main Extension Project as completed by property taxes against the respective parcels McClain Excavating Company, Inc. in the final of the property set opposite the name of the contract amount of $117,084.26. Upon motion property owner. the documents were received and filed and nd Passed, approved and adopted this 2 day Resolution No. 280-10 Accepting the Highway of August, 2010. 61 / 151 South Water Main Extension project Roy D. Buol, Mayor and authorizing payment of the contract Attest: Jeanne F. Schneider, CMC, City Clerk amount to the contractor was adopted. SCHEDULE OF ASSESSMENTS FOR THE RESOLUTION NO. 280-10 FIRST HALF OF THE 2010 WEED EN-ACCEPTING THE HIGHWAY 61/151 SOUTH FORCEMENT PROGRAM WATER MAIN EXTENSION PROJECT AND Owner; Property Address/Location; Le-AUTHORIZING THE PAYMENT OF THE gal Description; Category; Total Amount of CONTRACT AMOUNT TO THE CONTRAC- Lien TOR Fred Jahn, 2014 Rhomberg Ave. Dubuque, Whereas, the Public Improvement Contract IA 52001; Rhomberg, 2014; Lot 298 Hams for the Highway 61 / 151 South Water Main Add; Weed cutting; 155.00 Extension Project (the project) has been com- Brian Kretz, 1840 Wood Street, Dubuque, pleted and the City’s Consultant Engineer, IIW IA 52001; Wood St, 1840; Lot 12-3 of Min Lot Engineering & Surveying Inc. (the engineer) of 178; Weed cutting; 112.50 Dubuque, Iowa has examined the work and Eldon Wilwert, 35 Cambridge Ct., Dubu-filed a certificate stating the Project has been que, IA 52001; Cambridge Ct, 35; Lot 7 Blk 11 completed according to the terms of the Public Steger Heights; Weed cutting; 77.50 Improvement Contract and that the Engineer Equity Builders, LLC, P O Box 208, Lake recommends that the Project be accepted; and Zurich, IL 60047; Sapphire Circle, 640; Lot 2-2 NOW THEREFORE, BE IT RESOLVED Emerald Acres No. 4; Weed cutting; 77.50 BY THE CITY COUNCIL OF THE CITY OF Frugal Mule Properties, LLC, 303 Oak DUBUQUE, IOWA: Street, Monfort, WI 53569; Hill Street, 695; Lot Section 1. The recommendation of the En- 1-2-1-39 Kellys Sub; Weed cutting; 60.00 gineer is approved and the Project is hereby Ryan Neuhaus, 355 Kaufmann Ave, Dubu-accepted. que, IA 52001; Kaufmann, 355; Lot 2-3-135 & Section 2. The Finance Director is hereby 2-4-135 L H Langworthy's Add; Weed cutting; directed to pay to the Contractor from the 60.00 Highway 61 / 151 South Water Main Extension Anthony Trentz & Ti Krapfl, 1890 Audubon Project appropriations for the contract amount St., Dubuque, IA 52001; Audubon, 1890; Lot of $117,084.26 less any retained percentage 37 Rosedale Add; Weed cutting; 147.50 provided for therein as provided in Iowa Code Bryan Glanz & Brianne Roddick, 2995 chapter 573, and to pay such retainage only in Hillcrest Rd. Dubuque, IA 52001; Hillcrest Rd, accordance with the provisions of Iowa Code 2995; Lot 2-2-2-A Hillcrest Park; Weed cutting; chapter 573. nd 77.50 Passed, approved and adopted this 2 day Andrea Bermas, 1005 Victoria St., Dubu-of August, 2010. que, IA 52003; Victoria St, 1005; Lot 1-1 Cook Roy D. Buol, Mayor & Allen Place; Weed cutting; 149.64 Attest: Jeanne F. Schneider, CMC, City Clerk Timothy Schulte, 2240 Hoyt St., Dubuque, IA 52001; Hoyt, 2240; Lot 1-3 Pfohls Sub; Friends of the Mines of Spain Historic Dis- Weed cutting; 77.50 trict Public Improvement Program (HDPIP) Fern E Wall Trust, 1304 South Sheffield Request: Historic Preservation Commission Court, Carol Stream, IL 60188; Jackson St, recommending approval of $25,000 in Historic 2539; LOT 1-1 & 2-2-1 All of Lots 218 & 219 District Public Improvement Program (HDPIP) Davis Farm Add.; Weed cutting; 205.00 funds for the Junkermann Farm and Meskwaki 298 Regular Session, August 2, 2010 Book 140 nd Interpretive Exhibits as part of the Mines of Passed, approved and adopted this 2 day Spain Exhibit and Education Program. Upon of August, 2010. motion the documents were received, filed, Roy D. Buol, Mayor and approved. Attest: Jeanne F. Schneider, CMC, City Clerk Operation: New View: Communication from US 52 Traffic Flow Enhancement Project: Tom Stovall, Operation: New View, thanking City Manager recommending approval of the the City Council for their support of the award of the contract for the US 52 Traffic $18,805 Purchase of Service contract. Upon Flow Enhancement Project to Portzen Con- motion the document was received and filed. struction, Inc., in the amount of $970,792.42. Upon motion the documents were received Novell Multi-Year Support Agreement: City and filed and Resolution No. 282-10 Awarding Manager recommending approval of a three-public improvement contract for the US 52 year Novell software licensing and support Traffic Flow Enhancement Project was agreement as proposed by Arrow Enterprise adopted. Computing Solutions, Inc. Upon motion the RESOLUTION NO. 282-10 documents were received, filed, and approved. AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE US 52 TRAFFIC FLOW IA 32 and Asbury Road Turn Lane Im- ENHANCEMENT PROJECT provements Project: City Manager recom- mending approval of the award of the contract Whereas, sealed proposals have been for the IA 32 and Asbury Road Turn Lane Im-submitted by contractors for the US 52 Traffic provements Project to Eastern Iowa Excavat-Flow Enhancement Project (the Project) pur- ing and Concrete, LLC, in the amount of suant to Resolution No. 236-10 and Notice to $410,312.15. Upon motion the documents Bidders published in a newspaper published in th were received and filed and Resolution No. the City of Dubuque, Iowa on the 9 day of 281-10 Awarding public improvement contract July, 2010; and for the IA 32 and Asbury Road Turn Lane Im-Whereas, said sealed proposals were th provements Project was adopted. opened and read on the 27 day of July, 2010 and it has been determined that Portzen Con- RESOLUTION NO. 281-10 struction, Inc. of Dubuque, Iowa, with a bid in AWARDING PUBLIC IMPROVEMENT CON- the amount of $970,792.42, is the lowest res- TRACT FOR THE IA 32 AND ASBURY ponsive, responsible bidder for the Project. ROAD TURN LANE IMPROVEMENTS NOW THEREFORE, BE IT RESOLVED PROJECT, IOWA DOT PROJECT NO. STP- BY THE CITY COUNCIL OF THE CITY OF 32-1(30)--2C-31 DUBUQUE, IOWA: Whereas, sealed proposals have been That a Public Improvement Contract for the submitted by contractors for the IA 32 and Project is hereby awarded to Portzen Con- Asbury Road Turn Lane Improvements Project struction, Inc. and the City Manager is hereby - Iowa DOT Project No. STP-32-1(30)—2C-31 directed to execute a Public Improvement (the Project) pursuant to Resolution No. 208-Contract on behalf of the City of Dubuque for 10 and Notice to Bidders published in a news-the Project. nd paper published in the City of Dubuque, Iowa Passed, approved and adopted this 2 day th on the 25 day of June, 2010; and of August, 2010. Whereas, said sealed proposals were Roy D. Buol, Mayor opened and read by the Iowa Department of Attest: Jeanne F. Schneider, CMC, City Clerk th Transportation on the 20 day of July, 2010 stnd and it has been determined that Eastern Iowa Central Avenue Water Main (21 to 32 Excavating and Concrete, LLC of Cascade, Street) Project: City Manager recommending Iowa, with a bid in the amount of $410,312.15, approval of the award of the contract for the stnd is the lowest responsive, responsible bidder for Central Avenue Water Main (21 to 32 the Project. Street) Project to Drew Cook & Sons Excavat- NOW THEREFORE, BE IT RESOLVED ing Co. Inc., in the amount of $492,512.00. BY THE CITY COUNCIL OF THE CITY OF Upon motion the documents were received DUBUQUE, IOWA: and filed and Resolution No. 283-10 Awarding That a Public Improvement Contract for the public improvement contract for the Central stnd Project is hereby awarded to Eastern Iowa Avenue Water Main (21 to 32 Street) Excavating and Concrete, LLC, subject to the Project was adopted. concurrence by Iowa Department of Transpor- RESOLUTION NO. 283-10 tation (Iowa DOT), and the City Manager is AWARDING PUBLIC IMPROVEMENT CON- hereby directed to execute a Public Improve- TRACT FOR THE CENTRAL AVENUE WA- ment Contract on behalf of the City of Dubu- STND TER MAIN (21 – 32 STREET) PROJECT que for the Project. Book 140 Regular Session, August 2, 2010 299 Whereas, sealed proposals have been proposal to institute proceedings for the is- submitted by contractors for the Central Ave-suance of the above described Bonds, and all stnd nue Water Main (21 – 32 Street) Project objections, if any, to such Council action made (the Project) pursuant to Resolution No. 266-by any resident or property owner of the City 10 and Notice to Bidders published in a news-were received and considered by the Council; paper published in the City of Dubuque, Iowa and it is the decision of the Council that addi- th on the 9 day of July, 2010. tional action be taken for the issuance of Whereas, said sealed proposals were Bonds, and that such action is considered to th opened and read on the 27 day of July, 2010, be in the best interests of the City and the res- and it has been determined that Drew Cook & idents thereof; Sons Excavating Co., Inc., with a bid in the Whereas, the Council has received infor- amount of $492,512.00, is the lowest respon-mation from its Financial Consultant recom- sive, responsible bidder for the Project. mending that sealed and electronic facsimile NOW THEREFORE, BE IT RESOLVED and internet bidding be authorized for the sale BY THE CITY COUNCIL OF THE CITY OF of the Bonds, and that such procedures will DUBUQUE, IOWA: maintain the integrity and security of the com- That a Public Improvement Contract for the petitive bidding process and facilitate the deli- Project is hereby awarded to Drew Cook & very of bids by interested parties; and Sons Excavating Co., Inc., and the City Man-Whereas, the Council deems it in the best ager is hereby directed to execute a Public interests of the City and the residents thereof Improvement Contract on behalf of the City of to receive bids to purchase such Bonds by Dubuque for the Project. means of sealed and electronic facsimile and nd Passed, approved and adopted this 2 day internet communication. of August, 2010. 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: Section 1. That the receipt of electronic Bus Wrap Advertising: City Manager re-bids by facsimile machine and through the © commending that all of the responses to the PARITY competitive bidding system de- Request for Proposals for bus wrap advertising scribed in the Notice of Sale are hereby found be rejected and that a local plan be imple-and determined to provide reasonable security mented. Upon motion the documents were and to maintain the integrity of the competitive received, filed, and approved. bidding process, and to facilitate the delivery of bids by interested parties in connection with Proceedings to Direct Advertisement for the offering of the Bonds hereinafter described the Sale of Water Revenue Bonds: City Man-at public sale. ager recommending approval to advertise the Section 2. That the preliminary Official sale of $5,700,000 Water Revenue Bonds and Statement in the form presented to this meet- approve electronic bidding procedures and the ing be and the same hereby is approved as to form of notice of sale. Upon motion the docu-form and deemed final for purposes of Rule ments were received and filed and Resolution 15c2-12 of the Securities and Exchange No. 284-10 Directing the advertisement for Commission, subject to such revisions, correc- sale of $5,700,000 Water Revenue Bonds was tions or modifications as the Finance Director, adopted. upon the advice of bond counsel and the City's financial consultant, shall determine to be ap- RESOLUTION NO. 284-10 propriate, and is authorized to be distributed RESOLUTION DIRECTING THE ADVERTI- thereafter in connection with the offering of the SEMENT FOR SALE OF $5,700,000 WATER Bonds for sale. REVENUE BONDS, SERIES 2010D, AND Section 3. That the Clerk is hereby directed APPROVING ELECTRONIC BIDDING PRO- to publish notice of sale of the Bonds at least CEDURES once, the last one of which shall be not less Whereas, the City of Dubuque, Iowa (the than four clear days nor more than twenty "City") is in need of funds to pay costs of days before the date of the sale. Publication constructing and equipping improvements and shall be made in the Telegraph Herald, a legal extensions to the Municipal Water System, newspaper, printed wholly in the English lan- and it is deemed necessary and advisable that guage, published within the county in which the City issue water revenue bonds for such the Bonds are to be offered for sale or an ad- purposes to the amount of $5,700,000 as au-jacent county. The notice is given pursuant to thorized by Section 384.83 of the City Code of Chapter 75 of the Code of Iowa, and shall Iowa; and state that this Council, on the 16th day of Au- Whereas, pursuant to notice published as gust, 2010, at 6:30 o'clock P.M., will hold a required by Section 384.83 this Council has meeting to receive and act upon bids for the held a public meeting and hearing upon the 300 Regular Session, August 2, 2010 Book 140 RESOLUTION NO. 286-10 Bonds; the notice to be in substantially the ACCEPTING THE DEED TO CERTAIN REAL [provided] form. nd ESTATE IN DUBUQUE COUNTY, IOWA Passed and approved this 2 day of Au- FROM SB DEVELOPMENT, LLC gust, 2010. Roy D. Buol, Mayor Whereas, the City of Dubuque entered into Attest: Jeanne F. Schneider, CMC, City Clerk an Agreement with SB Development, LLC for the purchase of the following described real Request for Proposals – Structural Modifi-property in Dubuque County, Iowa: cations to Floodwall Levee: City Manager re-Lot 1 of 354 in East Dubuque No. 2 in the commending approval of the issuance of a City of Dubuque, Iowa, according to the rec- Request for Proposals for structural analysis of orded plat thereof; and the Dubuque levee and floodwall system in Whereas, the terms of the Agreement have accordance with the levee certification re-now been met. quirements of the National Flood Insurance NOW, THEREFORE, BE IT RESOLVED Program regulations. Upon motion the docu-BY THE CITY COUNCIL OF THE CITY OF ments were received, filed, and approved. DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Purchase of Property – Hwy 151 & 61 De-Warranty Deed from SB Development, LLC, velopment, LLC and SB Development, LLC: attached hereto. City Manager recommending acceptance of 2. The City Clerk is hereby authorized and the Warranty Deeds from Hwy 151 & 61 De-directed to record this Resolution and the War- velopment, LLC and SB Development, LLC for ranty Deed with the Dubuque County Record- acquisition of right-of-way for the Bee Branch er. nd Creek Sewer Project. Upon motion the docu-Passed, approved and adopted this 2 day ments were received and filed and Resolution of August, 2010. No. 285-10 Accepting the deed to certain real Roy D. Buol, Mayor estate in Dubuque County, Iowa from Hwy 151 Attest: Jeanne F. Schneider, City Clerk & 61 Development, LLC; and Resolution No. 286-10 Accepting the deed to certain real es-Dubuque 2.0: Communication from Justin tate in Dubuque County, Iowa from SB Devel-Thiltgen, Director – Dubuque 2.0, providing an opment, LLC, were adopted. update on Dubuque 2.0. Upon motion the doc- ument was received and filed. RESOLUTION NO. 285-10 ACCEPTING THE DEED TO CERTAIN REAL Federal Transit Administration: City Attor- ESTATE IN DUBUQUE COUNTY, IOWA ney providing the requisite opinion of counsel FROM HWY 151 & 61 DEVELOPMENT, LLC for the benefit of the Federal Transit Adminis- Whereas, the City of Dubuque entered into tration in connection with the application of the an Agreement with Hwy 151 & 61 Develop-City for Federal transportation assistance. ment, LLC for the purchase of the following Upon motion the document was received and described real property in Dubuque County, filed. Iowa: Lot 1 of Riverview Plaza; Lot 316, Lot 355 and Lot 2-354 of East Dubuque No. 2 in Federal Emergency Management Agency the City of Dubuque, Iowa (the “South Lots”); (FEMA): Communication from Senator Charles and Grassley thanking the City for providing his Whereas, the terms of the Agreement have staff with an update on the status of the work now been met. with the Federal Emergency Management NOW, THEREFORE, BE IT RESOLVED Agency (FEMA) regarding the City’s prelimi- BY THE CITY COUNCIL OF THE CITY OF nary flood plain map. Upon motion the docu- DUBUQUE, IOWA, AS FOLLOWS: ment was received and filed. 1. The City of Dubuque hereby accepts the Warranty Deed from Hwy 151 & 61 Develop-City Development Board: Communication ment, LLC, attached hereto. from the City Development Board providing 2. The City Clerk is hereby authorized and notice of meeting to reconsider voluntary an- directed to record this Resolution and the War-nexation in the matter of the City of Asbury ranty Deed with the Dubuque County Record-voluntary annexation including non-consenting er. owners within the urban area of the City of nd Passed, approved and adopted this 2 day Dubuque. Upon motion the documents were of August, 2010. received and filed. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Office of the City Assessor: Communica- tion from Richard A. Engelken, City Assessor, advising that the Board of Review has one appeal before the Property Assessment Ap- Book 140 Regular Session, August 2, 2010 301 ITEMS TO BE SET FOR PUBLIC HEARING peals Board in Des Moines and four appeals before the Iowa District Court. Upon motion the document was received and filed. Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- Quarterly Investment Report: City Manager lic hearings as indicated, and direct the City transmitting the June 30, 2010 Quarterly In-Clerk to publish notice as prescribed by law. vestment Report. Upon motion the documents Seconded by Braig. Motion carried 7-0. were received and filed. 73 CHS Forward, LLC – Development Iowa Department of Transportation – Local Agreement: City Manager recommending that Road Detour Agreement: City Manager re-a public hearing be set for August 16, 2010 to commending approval for the Mayor to ex-consider entering into a Development Agree- ecute an agreement with the Iowa Department ment with 73 CHS Forwards, LLC on the prop- of Transportation for the use of local roads as erty located at 299 Main Street, the former an authorized detour route for the Central Cooper Wagon Works building. Upon motion stnd Avenue (21 – 32 Street) Water Main the documents were received and filed and Project. Upon motion the documents were Resolution No. 288-10 Fixing the date for a received and filed and Resolution No. 287-10 public hearing of the City Council of the City of Approving the Iowa Department of Transporta-Dubuque, Iowa on the proposed issuance of tion Agreement for use of local agency roads Urban Renewal Tax Increment Revenue Obli- as detours for the Central Avenue (US 52) gations and the execution of a Development Water Main Project was adopted. Agreement relating thereto with 73 CHS For- wards, LLC, and providing for the publication RESOLUTION NO. 287-10 of notice thereof was adopted setting a public RESOLUTION APPROVING THE IOWA DE- hearing for a meeting to commence at 6:30 PARTMENT OF TRANSPORTATION p.m. on August 16, 2010 in the Historic Feder- AGREEMENT FOR USE OF LOCAL AGEN- al Building. CY ROADS AS DETOURS FOR THE CEN- TRAL AVENUE (US 52) WATER MAIN RESOLUTION NO. 288-10 PROJECT. FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY Whereas, the City of Dubuque is proceed- stnd OF DUBUQUE, IOWA ON THE PROPOSED ing with the Central Avenue (21 – 32 Street) ISSUANCE OF URBAN RENEWAL TAX IN- Water Main Project. CREMENT REVENUE OBLIGATIONS AND Whereas, Central Avenue is located on US THE EXECUTION OF A DEVELOPMENT Highway 52 and is under the jurisdiction of the AGREEMENT RELATING THERETO WITH Iowa Department of Transportation. stnd 73 CHS FORWARDS, LLC, AND PROVIDING Whereas, the Central Avenue (21 – 32 FOR THE PUBLICATION OF NOTICE THE- Street) Water Main Project will involve the re- REOF placement of fire hydrants, valves, tees, lead services and water service stop boxes con-Whereas, City and 73 CHS Forwards, LLC nected to lead services. have entered into a Development Agreement, Whereas, due to the street work required subject to the approval of the City Council, a on Central Avenue and in the interest of public copy of which is now on file at the Office of the th safety, vehicular traffic will be detoured onto City Clerk, City Hall, 13 and Central Avenue, Jackson Street. Dubuque, Iowa, as shown on Exhibit A attached NOW THEREFORE, BE IT RESOLVED hereto; and BY THE CITY COUNCIL OF THE CITY OF Whereas, the City Council has tentatively DUBUQUE, IOWA: determined that it would be in the best interests Section 1. That said Agreement for Use of of the City to approve the Development Local Agency Roads with the Iowa Department Agreement, with 73 CHS Forwards, LLC; and of Transportation is hereby approved for the Whereas, it is deemed necessary and ad- stnd Central Avenue (21 – 32 Street) Water Main visable that City should authorize Urban Re- Project. newal Tax Increment Revenue obligations, as Section 2. That the Mayor be authorized provided by Chapter 403 of theCode of Iowa, and directed to execute two copies of said and to enter into the Development Agreement Agreement for Use of Local Agency Roads relating thereto for the purpose of carrying out with the Iowa Department of Transportation for an Urban Renewal Plan as hereinafter de- stnd the Central Avenue (21 – 32 Street) Water scribed; and Main Project. Whereas, before said obligations may be nd Passed, approved and adopted this 2 day approved, Chapter 403 of the Code of Iowa of August, 2010. requires that the City Clerk publish a notice of Roy D. Buol, Mayor the proposal and of the time and place of the Attest: Jeanne F. Schneider, CMC, City Clerk meeting at which the City Council proposes to 302 Regular Session, August 2, 2010 Book 140 take action thereon and at which meeting the to commence at 6:30 p.m. on August 16, 2010 City Council shall receive oral and/or written in the Historic Federal Building. objections from any resident or property owner RESOLUTION NO. 289-10 of said City to such proposed action. SOUTHWEST ARTERIAL PROJECT NOW THEREFORE, BE IT RESOLVED NORTH CASCADE ROAD BY THE CITY COUNCIL OF THE CITY OF RECONSTRUCTION DUBUQUE, IOWA: GRADING & PAVING, IOWA DOT PROJECT Section 1. The City Clerk is hereby autho- NO. HDP-2100 (655)--71-31; SETTING DATE rized and directed to cause this Resolution and OF PUBLIC HEARING ON PLANS, SPECI- a notice to be published as prescribed by Iowa FICATIONS, FORM OF CONTRACT, AND Code Section 403.9 of a public hearing on the ESTIMATED COST City's intent authorize Urban Renewal Tax In- crement Revenue obligations, to be held on the NOW THEREFORE, BE IT RESOLVED th 16 day of August, 2010, at 6:30 o'clock p.m. in BY THE CITY COUNCIL OF THE CITY OF the City Council Chambers at the Historic Fed-DUBUQUE, IOWA: eral Building, 350 W. 6th St., Dubuque, Iowa. The proposed plans, specifications, form of Section 2. The City Council will meet at contract and estimated cost for the North Cas- said time and place for the purpose of taking cade Road Reconstruction Project (Phase I of , action on the matter of authorizing Urban Re-the Southwest Arterial Project) Iowa DOT newal Tax Increment Revenue obligations and Project No. HDP-2100 (655)--71-31, in the the execution of the Development Agreement estimated amount $2,230,868, are hereby relating thereto with 73 CHS Forwards, LLC, preliminarily approved and ordered filed in the the proceeds of which obligations will be used office of the City Clerk for public inspection. to carry out certain of the special financing A public hearing will be held on the 16th activities described in the Urban Renewal Plan day of August, 2010, at 6:30 p.m. in the Histor- for the Greater Downtown Urban Renewal ic Federal Building Council Chambers (second th District, consisting of the funding of economic floor), 350 West 6 Street, Dubuque, Iowa, at developments grants to 73 CHS Forwards, LLC which time interested persons may appear and pursuant to the Development Agreement un-be heard for or against the proposed plans and der the terms and conditions of said Urban specifications, form of contract and estimated Renewal Plan. It is expected that the aggre-cost of said Project, and the City Clerk be and gate amount of the Tax Increment Revenue is hereby directed to cause the attached notice obligations is approximately $375,000. of the time and place of such hearing to be Section 3. The Clerk is hereby directed to published in a newspaper having general cir- cause at least one publication to be made of a culation in the City of Dubuque, Iowa, which notice of said meeting, in a newspaper, printed notice shall be published not less than four wholly in the English language, published at days nor more than twenty days prior to the least once weekly, and having general circula-date of such hearing. At the hearing, any inter- tion in said City, said publication to be not less ested person may appear and file objections to than four days nor more than twenty days be-the proposed plans, specifications, form of fore the date of said meeting on the issuance contract, or estimated cost of the Project. nd of said obligations. Passed, adopted and approved this 2 day Section 4. That the notice of the proposed of August, 2010. action to issue said obligations shall be in sub-Roy D. Buol, Mayor stantially the form attached hereto. Attest: Jeanne F. Schneider, CMC, City Clerk nd Passed, approved and adopted this 2 day BOARDS/COMMISSIONS of August, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Applicants were invited to address the City Council regarding their desire to serve on the Southwest Arterial Project: North Cascade following Boards/Commissions: Historic Pre- Road Reconstruction: City Manager recom-servation Commission: One 3-year term mending that a public hearing be set for Au-through July 1, 2013, (Term of Whalen) West th gust 16, 2010 on the North Cascade Road 11 Street Historic Preservation District resi- Reconstruction Project (Phase I of the South-dent requirement. Applicant: Dr. John Whalen, west Arterial Project). Upon motion the docu-1105 Highland Place. Dr. Wahlen spoke in ments were received and filed and Resolution support of his appointment. No. 289-10 Setting date of public hearing on Appointments to the following plans, specifications, form of contract and es-Boards/Commissions: timated cost for the Southwest Arterial Project: Housing Commission: Three 3-year terms North Cascade Road Reconstruction was through August 17, 2013 (Terms of Eddy, Root adopted setting a public hearing for a meeting and Schwendinger). Applicants: Barbara Fischer, 617 Lincoln Avenue; Judy Root, 1008 Book 140 Regular Session, August 2, 2010 303 Walnut Street; and Dorothy Schwendinger, Loras College President Jim Collins spoke OSF, 3525 Windsor Avenue. Motion by Braig in support of the petition citing the economic to appoint Judy Root and Dorothy Schwendin-and community benefits of the proposal and ger to the Housing Commission for 3-year provided additional conceptual renderings. Mr. terms through August 17, 2013. Seconded by Collins stated there would be no City respon- Jones. Motion carried 7-0. Ms. Fischer was not sibility for the referenced retaining wall and appointed. portion of Cox Street. Pat Crahan, University Transit Advisory Board: One 3-year term of Dubuque Finance Committee Chair; Cham- through July 30, 2011 (Vacant term of Crois-ber of Commerce President Molly Grover; sant). One 3-year term through July 30, 2013 Greater Dubuque Development Director Rick (Term of Scharnau). Applicants: Ruth Schar-Dickinson; Derek Oberding, 1950 Lagen nau, 2905 Wilderness Drive; and Lu Ann Street; Dave Bunting, 903 Kirkwood Street; Schmidt, 3395 Jackson Street. Motion by Jones to and Bennett Cook, 1395 Alta Vista Street, appoint Ruth Scharnau to a 3-year term through spoke in support of the proposal citing its eco- July 30, 2013 and Lu Ann Schmidt to a 3-year nomic impact, community benefits, and the term through July 30, 2011. Seconded by Res-cooperation of Loras College. Tom Hoelscher, th nick. Motion carried 7-0. 780 Angella Street, Giles Ede, 590 W. 17 Street; Joanne Jaeger, 725 Angella Street; th PUBLIC HEARINGS Beverly Bettcher, 669 W. 16; and Steve Half- hill, 1785 Alta Vista Street, spoke in opposition Upon motion the rules were suspended al-to the proposal citing difficult winter access lowing anyone present to address the City involving snow and ice removal, limited emer- Council. gency vehicle access, limited parking, driver and pedestrian safety issues, and bus traffic. Vacating Petition – Portion of Cox Street: Mr. Collins provided a rebuttal related to the Proof of publication on notice of public hearing traffic study, street upgrade costs, retaining to consider a request from Loras College Pres-wall liability, student behavior, and additional ident Jim Collins to vacate and purchase a concessions. Responding to questions from portion of Cox Street and City Manager re-City Council, City Manager Van Milligen stated commending approval. that the proposed street improvement projects City Manager providing follow-up to the in the area are currently not assessable questions asked about the possible vacation of projects. Cox Street. Following City Council discussion, Resnick Communications from Michael and Jackie moved to amend the original motion withholding Mulgrew, Ray Martelle, Bob Selle, Giles Ede the sale and closing of Cox Street until Priority #1 and Carol Nestby in opposition to the pro-street projects as recommended by the City Engi- posed closing of Cox Street. neer are completed. Motion failed for lack of a Communication from Roman and Nancy second. Original motion carried 7-0. Ciapalo, 1209 Highland Place, in support of RESOLUTION NO. 290-10 the vacating and disposal of a portion of Cox APPROVING THE PLAT OF PROPOSED Street to Loras College. VACATED PORTION OF COX STREET Communication from James E. Collins, TH FROM LORAS BOULEVARD TO WEST 17 President – Loras College, regarding the pro- STREET posal to vacate and purchase a portion of Cox Street. Whereas, there has been presented to the Communication from Tom Hoelscher in City Council of the City of Dubuque, Iowa, a th opposition to the vacating and sale of a portion plat dated the 14 day of May, 2010, prepared of Cox Street to Loras College. by IIW Engineers & Surveyors, PC, describing Communications from Anne Callan Vaas-the proposed vacated portion of Cox Street thth sen, 611 W 17 Street; Travis Fishnick, 615 from Loras Boulevard to West 17 Street; and th Angella Street; and Julie Lembke, 611 W. 17 Whereas, said plat conforms to the laws Street. and statutes pertaining thereto. Motion by Connors to receive and file the NOW, THEREFORE, BE IT RESOLVED documents and adopt Resolution No. 290-10 BY THE CITY COUNCIL OF THE CITY OF Approving the plat of proposed vacated portion DUBUQUE, IOWA: th of Cox Street from Loras Boulevard to West Section 1. That the plat dated the 14 day th 17 Street, Resolution No. 291-10 Vacating a of May, 2010, prepared by IIW Engineers & portion of Cox Street from Loras Boulevard to Surveyors, PC, relative to the real estate he- th West 17 Street, and Resolution No. 292-10 reinabove described be and the same is here- Disposing of City interest in Lot 1A of City Lot by approved, and the Mayor and City Clerk be 741 in the City of Dubuque, Dubuque County, and they are hereby authorized and directed to Iowa. Seconded by Braig. execute said plat for and on behalf of the City of Dubuque, Iowa. 304 Regular Session, August 2, 2010 Book 140 Section 2. The City of Dubuque reserves Survey of Lot 1A of City Lot 741 in the City of unto itself a perpetual easement including the Dubuque, Dubuque County, Iowa. nd right of ingress and egress thereto, for the Passed, approved and adopted this 2 day purpose of erecting, installing, constructing, of August, 2010. reconstructing, repairing, owning, operating, Roy D. Buol, Mayor and maintaining water, sewer, drainage, fiber Attest: Jeanne F. Schneider, CMC, City Clerk optics, gas, telephone, television cable, and RESOLUTION NO. 292-10 electric lines as may be authorized by the City DISPOSING OF CITY INTEREST IN LOT 1A of Dubuque, Iowa, as shown on the Plat of OF CITY LOT 741 IN THE CITY OF DUBU- Survey of Lot 1A of City Lot 741 in the City of QUE, DUBUQUE COUNTY, IOWA Dubuque, Dubuque County, Iowa. Section 3. That the City Clerk be and is he-Whereas, pursuant to resolution and pub- reby authorized and directed to file said plat lished notice of time and place of hearing, pub- and certified copy of this resolution in the office lished in the Telegraph Herald, a newspaper of of the Recorder in and for Dubuque County, general circulation published in the City of Du- rd Iowa. buque, Iowa on 23 day of August, 2010, the nd Passed, approved and adopted this 2 day City Council of the City of Dubuque, Iowa met nd of August, 2010. on the 2 day of August, 2010, at 6:30 p.m. in Roy D. Buol, Mayor the Public Library Auditorium, 360 West 11 Attest: Jeanne F. Schneider, CMC, City Clerk Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real es- RESOLUTION NO. 291-10 tate described as: VACATING A PORTION OF COX STREET Lot 1A of City Lot 741 in the City of Dubu- TH FROM LORAS BOULEVARD TO WEST 17 que, Dubuque County, Iowa STREET Whereas, the City Council of the City of Whereas, Loras College has requested the Dubuque, Iowa overruled any and all objec- vacating of a portion of Cox Street from Loras tions, oral or written to the proposal to sell th Boulevard to West 17 Street; and such real estate, except for easement as Whereas, IIW Engineers & Surveyors, PC noted. has prepared and submitted to the City Coun-NOW THEREFORE, BE IT RESOLVED cil a plat showing the vacated portion of Cox BY THE CITY COUNCIL OF THE CITY OF th Street from Loras Boulevard to West 17 DUBUQUE, IOWA: Street and assigned a lot number thereto, Section 1. That the sale of City of Dubuque which hereinafter shall be known and de-real property described as Lot 1A of City Lot scribed as Lot 1A of City Lot 741 in the City of 741 in the City of Dubuque, Dubuque County, Dubuque, Dubuque County, Iowa; and Iowa, to Loras College be and the same is Whereas, the City Council of the City of hereby approved for the sum of $50,000.00, Dubuque, Iowa has determined that that por-plus the cost of platting, publication, and filing tion of Cox Street from Loras Boulevard to fees. Conveyance shall be by Quit Claim th West 17 Street shown as Lot 1A of City Lot Deed. 741 is no longer required for public use, except Section 2. The City of Dubuque reserves for utility easements as noted on said plat, and unto itself a perpetual easement including the vacating of said portion of the plat of Cox right of ingress and egress thereto, for the th Street from Loras Boulevard to West 17 purpose of erecting, installing, constructing, Street, known as Lot 1A of City Lot 741 in the reconstructing, repairing, owning, operating, City of Dubuque, Dubuque County, Iowa and maintaining water, sewer, drainage, fiber should be approved. optics, gas, telephone, television cable, and NOW THEREFORE, BE IT RESOLVED electric lines as may be authorized by the City BY THE CITY COUNCIL OF THE CITY OF of Dubuque, Iowa, as shown on the Plat of DUBUQUE, IOWA: Survey of Lot 1A of City Lot 741 in the City of Section 1. That the real estate described Dubuque, Dubuque County, Iowa. as Lot 1A of City Lot 741 in the City of Dubu-Section 3. That the construction, recon- que, Iowa, be and the same is hereby vacated. struction, repair and maintenance of the street, Section 2. The City of Dubuque reserves sanitary sewer, retaining walls, and watermain unto itself a perpetual easement including the on the portion of Cox Street from Loras Boule- th right of ingress and egress thereto, for the vard to West 17 Street become the responsi- purpose of erecting, installing, constructing, bility of Loras College on the date of the reso- reconstructing, repairing, owning, operating, lution approving the disposal of said Lot 1A. and maintaining water, sewer, drainage, fiber Section 4. That a corridor in Lot 1A shall optics, gas, telephone, television cable, and remain open to function as a Fire Apparatus electric lines as may be authorized by the City Access Road, as classified by the International of Dubuque, Iowa, as shown on the Plat of Fire Code, with a minimum roadway width of 24 feet at all times. The corridor shall also re- Book 140 Regular Session, August 2, 2010 305 main open at all times for utility service ve-Whereas, pursuant to notice published as hicles for construction and maintenance of required by law, this Council has held a public existing or new utilities and for emergency meeting and hearing upon the proposal to in- response for personnel and vehicles, including stitute proceedings for the authorization of a all reasonable requirements established and Loan and Disbursement Agreement by and set forth by City of Dubuque by law enforce-between the City and the Iowa Finance Au- ment and fire safety officials. thority, and the issuance to the Iowa Finance Section 5. That the Mayor be authorized Authority of not to exceed $65,000,000 Sewer and directed to execute a Quit Claim Deed, Revenue Capital Loan Notes to evidence the and the City Clerk be and is hereby authorized obligations of the City under said Loan and and directed to deliver said deed of con-Disbursement Agreement, for the purpose of veyance to Loras College upon receipt of the paying costs of acquisition, construction, re- purchase price in full. construction, extending, remodeling, improv- Section 6. That the City Clerk be and is he-ing, repairing and equipping all or part of the reby authorized and directed to record a certi-Municipal Sewer System, including those costs fied copy of this resolution in the offices of the associated with the Water Pollution Control City Assessor, Dubuque County Recorder and Plant Modification Project, and has considered Dubuque County Auditor. the extent of objections received from resi- Passed, approved and adopted this dents or property owners as to said proposal nd 2 day of August, 2010. and, accordingly the following action is now Roy D. Buol, Mayor considered to be in the best interests of the Attest: Jeanne F. Schneider, CMC, City Clerk City and residents thereof: NOW, THEREFORE, BE IT RESOLVED Dubuque County Historical Society Lease BY THE CITY COUNCIL OF THE CITY OF for Mississippi Plaza Property: Proof of publi-DUBUQUE, IOWA: cation on notice of public hearing to consider Section 1. That this Council does hereby the Fourth Amendment to the Lease Agree-institute proceedings and takes additional ac- ment with the Dubuque County Historical So-tion for the authorization of a Loan and Dis- ciety for the National Mississippi River Mu-bursement Agreement by and between the seum and Aquarium and the new National City and the Iowa Finance Authority, and the River Center and City Manager recommending issuance to the Iowa Finance Authority in the that this item be tabled to August 16, 2010 manner required by law of not to exceed upon completion of the public hearing. Motion $65,000,000 Sewer Revenue Capital Loan by Jones to receive and file the documents Notes for the foregoing purpose. and table to August 16, 2010. Seconded by Section 2. That this Council does hereby Braig. Dubuque County Historical Society Ex-consent to the terms and conditions of the ecutive Director Jerry Enzler spoke in support SRF Loan Program, which terms and condi- of the request and citing the need for im-tions and the disclosures provided with respect provements and the significant investment by thereto are hereby acknowledged, accepted the DCHS. Motion carried 7-0. and approved. Section 3. That the City Clerk, with the as- Sewer Revenue Capital Loan Notes: Proof sistance of the City Attorney and bond coun- of publication on notice of public hearing to sel, is hereby authorized and directed to pro- consider the issuance of not to exceed ceed with the preparation of such documents $65,000,000 Sewer Revenue Capital Loan and proceedings as shall be necessary to au- Notes and City Manager recommending ap-thorize the City's participation in the SRF Loan proval. Motion by Connors to receive and file Program, to select a suitable date for final the documents and adopt Resolution No. 293-Council authorization of the required Loan and 10 Instituting proceedings to take additional Disbursement Agreement and issuance of the action for the authorization of a Loan and Dis-Note to evidence the City's obligations the- bursement Agreement and the issuance of not reunder, and to take such other actions as the to exceed $65,000,000 Sewer Revenue Capi-Clerk shall deem necessary to permit the tal Loan Notes. Seconded by Jones. Motion completion of a loan on a basis favorable to carried 7-0. the City and acceptable to this Council. Section 4. This Resolution shall serve as a RESOLUTION NO. 293-10 declaration of official intent under Treasury RESOLUTION INSTITUTING PROCEEDINGS Regulation 1.150-2 and shall be maintained on TO TAKE ADDITIONAL ACTION FOR THE file as a public record of such intent. It is rea- AUTHORIZATION OF A LOAN AND DIS- sonably expected that the sewer utility fund BURSEMENT AGREEMENT AND THE IS- moneys may be advanced from time to time SUANCE OF NOT TO EXCEED $65,000,000 for capital expenditures which are to be paid SEWER REVENUE CAPITAL LOAN NOTES from the proceeds of the above loan agree- ment. The amounts so advanced shall be 306 Regular Session, August 2, 2010 Book 140 reimbursed from the proceeds of the Loan Section 1. That the bid for the Bonds as Agreement not later than eighteen months above set out is hereby determined to be the after the initial payment of the capital expendi-best and most favorable bid received and said tures or eighteen months after the property is Bonds are hereby awarded based on said bid. placed in service. Such advancements shall Section 2. That the form of contract for the not exceed the loan amount authorized in this sale of said Bonds is hereby approved and the Resolution unless the same are for preliminary Mayor and Clerk are authorized to execute the expenditures or unless another declaration of same on behalf of the City. intention is adopted. Section 3. That the notice of the sale of the nd Passed and approved this 2 day of Au-Bonds heretofore given and all acts of the gust, 2010. Clerk and Finance Director done in furtherance Roy D. Buol, Mayor of the sale of said Bonds are hereby ratified Attest: Jeanne F. Schneider, CMC, City Clerk and approved. nd Passed and approved this 2 day of Au- Upon motion the rules were reinstated li-gust, 2010. miting discussion to the City Council. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACTION ITEMS RESOLUTION NO. 295-10 RESOLUTION DIRECTING SALE OF TAXA- Sale of General Obligation Bonds: City BLE GENERAL OBLIGATION URBAN RE- Manager advising that the results of the sale of NEWAL BONDS, SERIES 2010B $4,470,000 General Obligation Bonds, Series 2010A; $2,675,000 Taxable General Obliga-Whereas, pursuant to notice as required by tion Urban Renewal Bonds, Series 2010B; and law, bids have been received at public sale for $2,825,000 General Obligation Urban Renewal the Bonds described as follows and the best Bonds, Series 2010C will be brought to the bid received is determined to be the following: August 2, 2010 City Council meeting for ap-TAXABLE GENERAL OBLIGATION UR- proval. Motion by Jones to receive and file the BAN RENEWAL BONDS, SERIES 2010B: documents and adopt Resolution No. 294-10 Bidder: United Bankers’ Bank of Blooming- Directing sale of General Obligation Bonds, ton, Minnesota, the terms of said bid being: Series 2010A; Resolution No. 295-10 Directing Principal Amount: $2,675,000 sale of Taxable General Obligation Urban Re-Purchase Price: $2,648,510.00 newal Bonds, Series 2010B; Resolution No. True Interest Cost: 4.6650% 296-10 Directing sale of General Obligation Net Interest Cost: $1,563,537.03 Urban Renewal Bonds, Series 2010C; and NOW, THEREFORE, BE IT RESOLVED Resolution No. 297-10 Authorizing the re-BY THE CITY COUNCIL OF THE CITY OF demption of the outstanding General Obliga-DUBUQUE, IOWA: tion Bonds, Series 2002B, dated March 1, Section 1. That the bid for the Bonds as 2002, of the City of Dubuque, Iowa, and direct-above set out is hereby determined to be the ing Notice of Redemption. Seconded by Con-best and most favorable bid received and said nors. PFM Senior Managing Consultant Tion-Bonds are hereby awarded based on said bid. na Pooler provided a summary of the bond Section 2. That the form of contract for the sale. Motion carried 7-0. sale of said Bonds is hereby approved and the Mayor and Clerk are authorized to execute the RESOLUTION NO. 294-10 same on behalf of the City. RESOLUTION DIRECTING SALE OF GEN- Section 3. That the notice of the sale of the ERAL OBLIGATION BONDS, SERIES 2010A Bonds heretofore given and all acts of the WHEREAS, pursuant to notice as required Clerk and Finance Director done in furtherance by law, bids have been received at public sale of the sale of said Bonds are hereby ratified for the Bonds described as follows and the and approved. nd best bid received is determined to be the fol-Passed and approved this 2 day of Au- lowing: gust, 2010. GENERAL OBLIGATION BONDS, SERIES Roy D. Buol, Mayor 2010A: Attest: Jeanne F. Schneider, CMC, City Clerk Bidder: BMO Capital Markets GKST, Inc. of RESOLUTION NO. 296-10 Chicago, Illinois, the terms of said bid being: RESOLUTION DIRECTING SALE OF GEN- Principal Amount: $4,470,000 ERAL OBLIGATION URBAN RENEWAL Purchase Price: $4,473,966.40 BONDS, SERIES 2010C True Interest Cost: 3.2838% Net Interest Cost $1,618,286.38 Whereas, pursuant to notice as required by NOW, THEREFORE, BE IT RESOLVED law, bids have been received at public sale for BY THE CITY COUNCIL OF THE CITY OF the Bonds described as follows and the best DUBUQUE, IOWA: bid received is determined to be the following: Book 140 Regular Session, August 2, 2010 307 GENERAL OBLIGATION URBAN RE-Section 2. The Finance Director is hereby NEWAL BONDS, SERIES 2010C: authorized and directed to cause to be depo- Bidder: BMO Capital Markets GKST< Inc. sited with Wells Fargo Bank, N.A., from the of Chicago, Illinois, the terms of said bid being: proceeds of the General Obligation Bonds, Principal Amount: $2,825,000 Series 2010A, an amount sufficient to pay all Purchase Price: $2,811,943.75 principal and interest on the redeemed Series True Interest Cost: 3.3264 2002B Bonds to the date of redemption. Net Interest Cost: $1,114,386.94 Section 3. That the form of such notice be NOW, THEREFORE, BE IT RESOLVED substantially as follows: BY THE CITY COUNCIL OF THE CITY OF NOTICE OF THE CALL OF BONDS FOR DUBUQUE, IOWA: REDEMPTION Section 1. That the bid for the Bonds as TO THE HOLDERS OF THE FOLLOWING above set out is hereby determined to be the DESCRIBED BONDS: best and most favorable bid received and said Bonds are hereby awarded based on said bid. Please take notice that the Bonds de- Section 2. That the form of contract for the scribed below have been called for redemp- sale of said Bonds is hereby approved and the tion. Owners of the Bonds should present their Mayor and Clerk are authorized to execute the Bonds for payment on the Redemption Date. same on behalf of the City. Issuer: City of Dubuque, Iowa Section 3. That the notice of the sale of the Original Issue Amount: $1,000,000 Bonds heretofore given and all acts of the Bond Issue: Clerk and Finance Director done in furtherance General Obligation Bonds, Series 2002B of the sale of said Bonds are hereby ratified Dated Date: March 1, 2002 and approved. Redemption Date: September 2, 2010 nd Passed and approved this 2 day of Au-Redemption Price:Par, plus accrued interest gust, 2010. Roy D. Buol, Mayor Bonds Called for Redemption Attest: Jeanne F. Schneider, CMC, City Clerk Principal Interest Maturity CUSIP Amount Rate Date Numbers RESOLUTION NO. 297-10 RESOLUTION AUTHORIZING THE RE- $50,000 4.200% June 1, 263867 2011 RQ8 DEMPTION OF THE OUTSTANDING GEN- 50,000 4.300 June 1, 263867 ERAL OBLIGATION BONDS, SERIES 2012 RR6 2002B, DATED MARCH 1, 2002, OF THE 55,000 4.400 June 1, 263867 CITY OF DUBUQUE, IOWA, AND DIRECT- 2013 RS4 ING NOTICE OF REDEMPTION 55,000 4.500 June 1, 263867 Whereas, the City did by Resolution No. 2014 RT2 160-02 dated March 18, 2002, authorize the 60,000 4.600 June 1, 263867 issuance of $1,000,000 General Obligation 2015 RU9 Bonds, Series 2002B, dated March 1, 2002 60,000 4.700 June 1, 263867 (the "Series 2002B Bonds"); and 2016 RV7 Whereas, the Series 2002B Bonds matur-65,000 4.800 June 1, 263867 2017 RW5 ing after June 1, 2010 are redeemable in any 70,000 4.900 June 1, 263867 order of maturity upon giving notice in the 2018 RX3 manner provided in the resolution authorizing 70,000 4.950 June 1, 263867 the issuance of the Series 2002B Bonds; and 2019 RY1 Whereas, it is deemed necessary and ad- 75,000 5.000 June 1, 263867 visable that the Series 2002B Bonds be so 2020 RZ8 redeemed and notice of redemption be given. 80,000 5.000 June 1, 263867 NOW, THEREFORE, BE IT RESOLVED 2021 SA2 BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: No representation is made as to the accu- Section 1. That the 2011 through 2021 racy of the CUSIP numbers printed herein or principal maturities of the General Obligation on the Bonds. Bonds, Series 2002B, dated March 1, 2002, in The above Bonds should be presented to the aggregate amount of $690,000, be and the Wells Fargo Bank, N.A., 666 Walnut Street, same are hereby redeemed as of September Des Moines, Iowa 50309, telephone 2, 2010. (515/245-8504). This represents a full call of Wells Fargo Bank, N.A., as Registrar and the outstanding obligations. All interest will Paying Agent for the Refunded Bonds, is he- cease to accrue on the Redemption Date. reby authorized and directed to cause notice of Wells Fargo Bank, National Association such redemption to be given not less than thir- (End of Notice) ty (30) days prior to the redemption date. 308 Regular Session, August 2, 2010 Book 140 nd CESSITY PROPOSED FOR THE SUNSET Passed and approved this 2 day of Au- RIDGE RECONSTRUCTION PROJECT gust, 2010. Roy D. Buol, Mayor Whereas, the City Council has proposed a Attest: Jeanne F. Schneider, CMC, City Clerk Resolution of Necessity for the Sunset Ridge Reconstruction Project and has given notice of Sunset Ridge Reconstruction Project – Mo-the public hearing thereon as required by law; tion to Reconsider: Council Member Braig re-and questing that the July 19, 2010 vote on the Whereas, the public hearing has been motion to approve the Sunset Ridge Recon-held, all persons offering objections have been struction Project be reconsidered. Motion by Braig heard and consideration given to all objections to receive and file the documents and reconsider and is pending before this Council; and the Sunset Ridge Reconstruction Project. Whereas, this is the time and place set as Seconded by Lynch. Motion carried 7-0. provided for the taking of action on the pro- posed Resolution of Necessity. Sunset Ridge Reconstruction Project: NOW THEREFORE, BE IT RESOLVED Communication from Steve Conlon, 655 Sun-BY THE CITY COUNCIL OF THE CITY OF set Ridge, advising that the majority of resi-DUBUQUE, IOWA: dents of Sunset Ridge would like to rescind That the proposed Resolution of Necessity their opposition to sidewalk installation and described above is hereby adopted, without request that the City Council approve the Sun-amendment, and all objections filed or made set Ridge Reconstruction Project. having been duly considered are overruled. nd Communication from Jeff Eddy, 565 Sun-Passed, adopted and approved this 2 day set Ridge, in objection to the installation of of August, 2010. sidewalks.R City Manager recommending approval of oy D. Buol, Mayor the Sunset Ridge Reconstruction Project with Attest: Jeanne F. Schneider, CMC, City Clerk a revised project schedule. RESOLUTION NO. 300-10 Motion by Braig to receive and file the doc- APPROVING SCHEDULE OF ASSESS- uments and adopt Resolution No. 298-10 Ap- MENTS AND ESTIMATE OF TOTAL COST proving plans, specifications, form of contract, FOR THE SUNSET RIDGE RECONSTRUC- and estimated cost for the Sunset Ridge Re- TION PROJECT construction Project, Resolution No. 299-10 Resolution with respect to the adoption of the NOW THEREFORE,BE IT RESOLVED Resolution of Necessity for the Sunset Ridge BY THE CITY COUNCIL OF THE CITY OF Reconstruction Project, and Resolution No. DUBUQUE, IOWA: 300-10 Approving schedule of assessments That the attached plat, schedule of as- and estimate of total cost for the Sunset Ridge sessments, and estimate of total cost for the Reconstruction Project. Seconded by Connors. Sunset Ridge Reconstruction Project are he- Braig read a short summary of the project’s reby approved. nd history. Motion carried 7-0. Passed, approved and adopted this 2 day of August, 2010. RESOLUTION NO. 298-10 Roy D. Buol, Mayor APPROVAL OF PLANS, SPECIFICATIONS, Attest: Jeanne F. Schneider, CMC, City Clerk FORM OF CONTRACT, AND ESTIMATED COST FOR THE SUNSET RIDGE RECON-SUNSET RIDGE STRUCTION PROJECT RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION NOW THEREFORE, BE IT RESOLVED AND PROPOSED ASSESSMENTS; DATE: BY THE CITY COUNCIL OF THE CITY OF July 6, 2010 DUBUQUE, IOWA: That the proposed plans, specifications, The following schedule is hereby deter- form of contract and estimated cost for the mined to show each lot proposed to be as- Sunset Ridge Reconstruction Project, in the sessed for the improvement shown in the title estimated amount $1,548,102.82, are hereby together with the amount proposed to be as- approved. sessed against each lot and the valuations nd Passed, adopted and approved this 2 day shown opposite each lot are hereby fixed as of August, 2010. the true valuations of such lots by the City Roy D. Buol, Mayor Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DE- Attest: Jeanne F. Schneider, CMC, City Clerk SCRIPTION; PARCEL NUMBER; VALUA- RESOLUTION NO. 299-10 TION; WITH IMPROVEMENT; NET PAVING RESOLUTION WITH RESPECT TO THE IMPROVEMENT COST; NET PAVING IM- ADOPTION OF THE RESOLUTION OF NE-PROVEMENT DEFICIENCY; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE Book 140 Regular Session, August 2, 2010 309 COSTS; SANITARY SEWER PRIVATE LAT- Richardson, James R.; Lot 1 Sunset Ridge ERAL COST; CONCRETE SIDEWALK #3; 10 35 252 012; $353,535.13; $3,260.76; COST; TOTAL NET ASSESSMENT; SANI- $0.00; $3,260.76, -0-, $24,274.37; $0.00; TARY CONNECTION CHARGE COSTS $27,535.13 Nemmers, Genevieve F.; Lot 1-29 & 2-28 Their, Tony A. & Anna K.; Lot 2 Sunset Sunset Ridge Sub; 10 35 252 001; Ridge #3 & N 1/2 Lot 18 Sunset Ridge; 10 35 $335,137.98; $4,207.46; $0.00; $4,207.46; -0-; 252 014; $295,345.26; $5,023.64; $0.00; $20,930.52; $0.00; $25,137.98 $5,023.64; $918.39; $19,653.23; $0.00; Koopmann, Leonard & Jody Scott Koop-$25,595.26 mann; Lot 1-1-2 ML 129 & Lot 2-1 Sunset Kalb, Andrew E. & Conlon, Rebecca E.; Ridge; 10 35 179 003; $425,748.38; Lot 1 Sunset Ridge #5; 10 35 251 006; $1,148.90; $0.00; $1,148.90, -0-, $26,199.48; $411,222.65; $5,622.10; $0.00; $5,622.10, -0-, $0.00; $27,348.38 $23,364.48; $3,436.07; $32,422.65 Wagner, Hubert & Elma N.; Lot 1-1 Sunset McNamara, Timothy J.; S 1/2 Lot 18 Sun- Ridge Sub; 10 35 251 001; $386,326.13; set Ridge; 10 35 402 002; $253,981.29; $4,357.69; $0.00; $4,357.69, -0-, $20,759.48; $1,594.18; $0.00; $1,594.18; $918.39; $4,208.96; $29,326.13 $16,668.72; $0.00; $19,181.29 Scott, Michael H. & Nicola M.; Lot 2 Sunset Wertheimer, Mark & Barbara R.; Lots 13, Ridge & Lot 2-1-2 ML 129; 10 35 179 004; 1-1-14, 2-12 All in Sunset Ridge; 10 35 401 $370,353.13; $3,308.54; $0.00; $3,308.54, -0-, 002; $553,781.04; $4,486.74; $0.00; $20,659.67; $1,784.92; $25,753.13 $4,486.74, -0-, $19,107.02; $2,087.28; Schmitz, Margaret B. Trustee; Lots 27, 1-$25,681.04 28 & 2-29 Sunset Ridge Sub; 10 35 252 003; Heitzman, Wesley W. & Harriet; Lot 1-15 $354,574.75; $6,125.01; $0.00; $6,125.01; Sunset Ridge; 10 35 402 005; $280,484.15; $918.39; $25,031.35; $0.00; $32,074.75 $4,361.14; $0.00; $4,361.14; $918.39; Wahlert, Susan L. Trustee Revocable Tr.; $21,804.62; $0.00; $27,084.15 Sunset Ridge No 2 Lots 2-2 & 2-1 Both of ML Woodward, Thomas N. & Charlice L.; Lot 2 129; 10 35 179 010; $596,853.39; $6,366.36; Faldorf Place (4.6 Ac) & Lots 2-14 & 2-15 $0.00; $6,366.36, -0-, $21,790.10; $3,496.93; Sunset Ridge; 10 35 402 009; $555,436.91; $31,653.39 $8,975.46; $0.00; $8,975.46; -0-, $22,993.51; Obbink, Bruce A. & Kristi R.; Lot 26 Sunset $767.94; $32,736.91 Ridge Sub; 10 35 252 004; $488,398.21; Smith, Peter L. & Susan M.; Lot 2-14 Sun- $3,183.18; $0.00; $3,183.18, -0-, $22,805.03; set Ridge; 10 35 401 003; $264,636.56; $0.00; $25,988.21 $3,630.92; $0.00; $3,630.92, -0-, $17,734.28; Mohr, Matthew D. & Jennifer M.; Lot 25 $1,971.36; $23,336.56 Sunset Ridge Sub; 10 35 252 005; Kennedy, James G. & Frances D.; Lot 2-7 $358,453.66; $3,183.18; $0.00; $3,183.18; Sunset Ridge Sub; 10 35 251 002; $918.39; $21,152.09; $0.00; $25,253.66 $28,025.39; $1,501.57; $0.00; $1,501.57, -0-, Eddy, Jeffrey W. & Charlene A.; Lot 2-1-1 $0.00; $0.00; $1,501.57; $1,923.82 ML 129 & Lot 5 Sunset Ridge; 10 35 179 007; De Long, Myra E.; N 80' or Bal Lot 23 Sun- $301,127.38; $3,220.62; $0.00; $3,220.62, -0-, set Ridge Sub; 10 35 252 007; $66,534.67; $22,218.61; $1,488.15; $26,927.38 $2,566.00; $0.00; $2,566.00, -0-, $3,068.67; De Long, Myra E.; Lot 24 Sunset Ridge $0.00; $5,634.67 Sub; 10 35 252 006; $416,310.08; $3,213.97; Conlon, Stephen D.; Lot 2 Sunset Ridge $0.00; $3,213.97, -0-, $24,596.11; $0.00; #5; 10 35 401 005; $78,230.04; $2,534.97; $27,810.08 $0.00; $2,534.97; $1,442.10; $0.00; Kennedy, James G. & Frances D.; Lot 6 $1,724.70; $5,701.77; $3,028.27 Sunset Ridge & Lot 1-1-1 ML 129; 10 35 179 McNamara, Timothy J.; Lot 17 Sunset 008; $442,653.97; $3,476.25; $0.00; Ridge; 10 35 402 003; $35,174.85; $3,193.77; $3,476.25, -0-, $27,248.31; $2,729.41; $0.00; $3,193.77; $918.39; $3,762.69; $0.00; $33,453.97 $7,874.85 Kreiss, Jon N. & Molly A.; Lot 22 & S 20' McNamara, Timothy J.; Lot 16 Sunset Lot 23 Sunset Ridge Sub; 10 35 252 008; Ridge; 10 35 402 004; $50,885.30; $3,190.82; $347,728.48; $3,886.31; $0.00; $3,886.31, -0-, $0.00; $3,190.82, -0-, $9,394.48; $0.00; $21,142.17; $0.00; $25,028.48 $12,585.30 Roling, Benjamin M.; Lot 21 Sunset Ridge Wartburg Theological Seminary; Lot 1-1 & Sub; 10 35 252 009; $343,231.32; $3,241.80; 2-1 both of ML 132; 10 35 128 006; $0.00; $3,241.80, -0-, $19,989.52; $0.00; $991,612.88; $0.00; $0.00; $0.00, -0-, $0.00; $23,231.32 $1,092.88; $1,092.88 Conlon, Stephen D.; Lot 1 Sunset Ridge Conlon, Christine; "All" McDonald Wart- #4; 10 35 251 005; $785,086.34; $9,074.96; burg Place; 10 35 201 007; $737,616.35; $0.00; $9,074.96, -0-, $23,580.73; $5,630.65; $0.00; $0.00; $0.00, -0-, $31,316.35; $0.00; $38,286.34 $31,316.35 310 Regular Session, August 2, 2010 Book 140 TOTALS = $107,936.29; $6,952.44; Fiscal Year 2011 Dubuque County REAP $531,245.59; $30,419.25; $676,553.57 Plan: City Manager recommending approval of the City of Dubuque’s update of the Fiscal Trash and Ash Cans on Public Right-of-Year 2011 Dubuque County REAP Plan, sub- Way: City Manager recommending approval of mittal of the Fiscal Year 2011 REAP grant ap- general guidelines for ash and trash cans plication for installation of the Iowa 32 Bike / placed on public right-of-way. Motion by Jones Hike Trail – Phase 4 Project and appointment to receive and file the documents and approve of a City Council representative (currently the recommendation. Seconded by Connors. Council Member Joyce Connors) to the REAP Connors questioned the number of cans re-Committee. Motion by Jones to receive and file quired vs. the number of building entrances. the documents and adopt Resolution No. 301- Lynch opposed the measure stating it should 10 Authorizing REAP Grant application to Iowa not be forced upon business owners. Voetberg Department of Natural Resources for Iowa 32 stated it’s a solution to a non-existent problem. Bike/Hike Trail (Phase 4) and appoint Council Resnick questioned the safety of possibly Member Joyce Connors as representative. combining ash and trash. Van Milligen stated Seconded by Lynch. Motion carried 7-0. that the guidelines would regulate the public RESOLUTION NO. 301-10 right-of-way and not private business property. AUTHORIZING REAP GRANT APPLICA- City Engineer Gus Psihoyos stated that com- TION TO IOWA DEPARTMENT OF NATU- pliance would be complaint driven and that the RAL RESOURCES FOR IOWA 32 BIKE/HIKE standards would be enforced through the En- TRAIL (PHASE 4) gineering Department. Motion failed 3-4 with Voetberg, Braig, Buol and Lynch voting nay. Whereas, the Iowa Department of Natural Resources has allocated grant funds in the Repeal of Cell Phone Ordinance: City REAP (Resource Enhancement and Protec- Manager recommending that the cell phone tion) Program for the development of bike/hike ordinance be repealed due to the adoption of trails; and State legislation on texting and cell phone use. Whereas, the City of Dubuque has adopted Motion by Jones to receive and file the docu-the 2008 Comprehensive Plan that includes ments and that the requirement that a pro-goals for development of bike/hike trails; and posed ordinance be considered and voted on Whereas, the City of Dubuque has adopted for passage at two Council meetings prior to the 2008 Tri-State Trail Plan that includes the the meeting at which it is to be passed be sus-Iowa 32 Bike/Hike Trail (Phase 4) as a High pended. Seconded by Resnick. Motion carried Priority project. 6-1 with Buol voting nay. NOW THEREFORE, BE IT RESOLVED Motion by Jones for final consideration and BY THE CITY COUNCIL OF THE CITY OF passage of Ordinance No. 45-10 Repealing DUBUQUE, IOWA: Ordinance No. 11-10 Prohibiting the Use of an Section 1. The Mayor hereby is authorized Electronic Communications Device While Op-to sign and the Planning Services Manager is erating a Motor Vehicle. Seconded by Resnick. hereby authorized to submit an application to Buol stated he believed the City’s Ordnance the Iowa Department of Natural Resources for was appropriate. Motion carried 6-1 with Buol REAP funds for the Iowa 32 Bike/Hike Trail voting nay. (Phase 4). Section 2. That in the event said applica- OFFICIAL PUBLICATION tion is approved, the City Council hereby pro- ORDINANCE NO. 45-10 vides its written assurance that the completed REPEALING ORDINANCE NO. 11-10 PRO- project will be adequately maintained for its HIBITING THE USE OF AN ELECTRONIC intended use in accordance with state re- COMMUNICATIONS DEVICE WHILE quirements. nd OPERTING A MOTOR VEHICLE Passed, approved and adopted this 2 day NOW, THEREFORE, BE IT ORDAINED of August 2010. BY THE CITY COUNCIL OF THE CITY OF Roy D. Buol, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. Ordinance No. 11-10 is repealed effective July 1, 2010. 2009 International Fire Code: City Manager nd Passed, approved and adopted this 2 day recommending approval of the adoption of the of August, 2010 2009 International Fire Code published by the /s/Roy D. Buol, Mayor International Code Council, Inc. Motion by Attest: Jones to receive and file the documents and /s/Jeanne F. Schneider, CMC, City Clerk that the requirement that a proposed ordin- Published officially in the Telegraph Herald ance be considered and voted on for passage th Newspaper the 6 day of August, 2010. at two Council meetings prior to the meeting at /s/Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, August 2, 2010 311 which it is to be passed be suspended. rehabilitation, continued use or change of Seconded by Resnick. Motion carried 7-0. use of a historic building may be made in Motion by Jones for final consideration and compliance with the provisions of the 1997 passage of Ordinance No. 46-10 Amending Edition of the Uniform Code for Building City of Dubuque Code of Ordinances Title 14 Conservation (UCBC) or Title 14, Chapter Building and Development, Chapter 1 Building 5 of the City of Dubuque Code of Codes, Article E Fire Code and Regulations by Ordinances. repealing such section and adopting a new Where, in any specific case, different Title 14, Chapter 1, Article E, Sections 1 through 5 sections of this code specify different which adopt the International Fire Code, 2009 materials, methods of construction or other Edition, amends the International Fire Code, 2009 requirements, the most restrictive shall Edition, as adopted, and provides for enforcement, govern. Where there is a conflict between addresses emergent situations, and provides dis-a general requirement and a specific cretion to the Fire Chief. Seconded by Resnick. requirement, the specific requirement shall Motion carried 7-0. be applicable. Wherever in this code reference is OFFICIAL PUBLICATION made to the appendix, the provisions in the ORDINANCE NO. 46-10 appendix shall not apply unless specifically AMENDING CITY OF DUBUQUE CODE OF adopted. ORDINANCES TITLE 14 BUILDING AND Section 104.1.2, Fire/Police Investiga- DEVELOPMENT, CHAPTER 1 BUILDING tors. The fire chief may appoint and desig- CODES, ARTICLE E FIRE CODE AND nate such members of the fire department REGULATIONS BY REPEALING SUCH as fire/police investigators upon being cer- SECTION AND ADOPTING A NEW TITLE 14, tified by the Iowa Law Enforcement Acad- CHAPTER 1, ARTICLE E, SECTIONS 1 emy. A fire/police investigator shall have THROUGH 5 WHICH ADOPT THE the powers of a peace officer in performing INTERNATIONAL FIRE CODE, 2009 the duties under this code, including full EDITION, AMENDS THE INTERNATIONAL powers of arrest to effectuate the duties of FIRE CODE, 2009 EDITION, AS ADOPTED, enforcing city ordinances and state sta- AND PROVIDES FOR ENFORCEMENT, tutes. Notwithstanding such status as a ADDRESSES EMERGENT SITUATIONS, peace officer, a fire/police investigator shall AND PROVIDES DISCRETION TO THE FIRE be subject to the rules and regulations of CHIEF the Dubuque fire department and shall per- NOW, THEREFORE, BE IT ORDAINED form such functions as the fire chief shall BY THE CITY COUNCIL OF THE CITY OF assign. DUBUQUE, IOWA: Section 105, Permits Required. It shall Section 1. Section 14-1E-1 of the City of be unlawful for any person, firm or corpora- Dubuque Code of Ordinances is amended by tion to use a building or premises or en- repealing Section 14-1E-1 and enacting a new gage in any activities for which a permit is Section 14-1E-1 in lieu thereof as follows: required by the code of ordinances without 14-1E-1: INTERNATIONAL FIRE first having obtained such permit. CODE ADOPTED: Section 108. Whenever the fire chief Except as hereinafter added to, de-shall disapprove an application or refuse to leted, modified or amended, the Interna-grant a permit applied for, that applicant tional Fire Code, 2009 edition, as promul-may appeal from the decision of the fire gated by the International Code Council, is chief to the city manager within ten (10) hereby adopted by reference from the ef-days from the date of the decision ap- fective date hereof. pealed. Such appeal to the city manager A copy of the International Fire Code, shall be made in writing setting forth the 2009 edition, shall be on file in the office of decision appealed from and the grounds the city clerk for public inspection. for such appeal. Section 2. Section 14-1E-2 of the City of Section 109.3, Violation Penalties is Dubuque Code of Ordinances is amended by hereby repealed. repealing Section 14-1E-2 and enacting the Section 3. Sections 14-1E-3, 14-1E-4, and following additions, deletions, modifications, or 14-1E-5 of the City of Dubuque Code of amendments of the International Fire Code, Ordinances is amended by repealing Sections 2009 Edition, adopted in Section 14-1E-1 to 14-1E-3, 14-1E-4, and 14-1E-5 and enacting read as follows: new Sections 14-1E-3, 14-1E-4, and 14-1E-5 14-1E-2: INTERNATIONAL FIRE in lieu thereof as follows: CODE AMENDMENTS: 14-1E-3: INTERNATIONAL FIRE Section 102.5, Historic buildings. CODE ENFORCEMENT: Repairs, alterations and additions necessary for the preservation, restoration, 312 Special Sessions (2), August 10, 2010 Book 140 CITY OF DUBUQUE, IOWA The code adopted by section 14-1E-1 of this article shall be enforced by the bu- CITY COUNCIL reau of fire prevention in the fire depart- OFFICIAL ment of the city. PROCEEDINGS 14-1E-4: EMERGENCIES: Where a situation requires immediate decision that of the fire chief shall be final The Dubuque City Council met in Special and conclusive. Session at 4:45 p.m. on August 10, 2010, In 14-1E-5: SPECIAL CONDITIONS: the Historic Federal Building. The fire chief in matters of fire preven- tion shall have full power to exercise judg- Present: Mayor Buol, Council Members, ment in a reasonable and proper manner Braig, Connors, Lynch, Resnick, City Manager and rule accordingly on all special cases in Van Milligen; City Attorney Lindahl. Council regard to any of the matters and things Member Jones joined the meeting at 4:52 p.m. treated in this code relating to fire hazards not specifically covered thereby. Absent: Council Member Voetberg Section 4. This Ordinance shall take effect on publication. Mayor Buol read the call and stated this is nd Passed, approved and adopted the 2 day a special session of the City Council called to of August, 2010. act upon such business that may properly /s/Roy D. Buol, Mayor come before the City Council. Attest: /s/Jeanne F. Schneider, CMC, City Clerk Conservation Easement Agreement for Published officially in the Telegraph Herald Preservation of the Dubuque Shot Tower: City th Newspaper the 6 day of August, 2010. Manager recommending that a public hearing /s/Jeanne F. Schneider, CMC, City Clerk be set for August 16, 2010 to consider a Con- servation Easement Agreement for Preserva- COUNCIL MEMBER REPORTS tion of the Dubuque Shot Tower. Motion by Braig to receive and file the documents and Buol reported that he had received many approve the recommendation setting a public great comments from RAGBRAI visitors and hearing for a meeting to commence at 6:30 participants. p.m. on August 16, 2010 in the Historic Feder- Resnick thanked Dubuque citizens for the al Building. Seconded by Lynch. Motion car- good reception provided to RAGBRAI partici- ried 5-0. pants. Jones acknowledged the work of City staff Sewer Revenue Capital Loan Notes, Se- on this year’s RAGBRAI. ries 2010E: City Manager recommending ap- Braig acknowledged the Boy Scouts in at- proval of the required action on the tendance. $64,885,000 Sewer Revenue Capital Loan Voetberg reported that the get-well cards Note from the State of Iowa Revolving Fund and letters he has received are greatly appre- Loan/Iowa Water Pollution Control Works Fi- ciated. nancing Program. Motion by Connors to re- ceive and file the documents and adopt Reso- PUBLIC INPUT lution No. 302-10 Authorizing and providing for the issuance and securing the payment of Phil French, 1025 Rockdale Road, ex- $64,885,000 Sewer Revenue Capital Loan pressed his comments and suggestions re- Notes, Series 2010E, by the City of Dubuque, garding public safety including police walking Iowa, under the provisions of Chapter 384 of the streets, 24-hour park patrol, encourage the Code of Iowa, providing for a method of people to stick together and get to know their payment thereof, approving Loan and Dis- neighbors, increased diversity on the Police bursement Agreement, and other related mat- Department, loud music, drug paraphernalia ters. Seconded by Braig. Motion carried 5-0. found near schools, offensive public appear- ance of citizens, people and police are afraid RESOLUTION NO. 302-10 to walk downtown, and believes taxpayers are SERIES RESOLUTION AUTHORIZING AND not represented and are frustrated. PROVIDING FOR THE ISSUANCE AND SE- CURING THE PAYMENT OF $64,885,000 There being no further business, upon mo- SEWER REVENUE CAPITAL LOAN NOTES, tion the City Council adjourned at 8:52 p.m. SERIES 2010E, BY THE CITY OF DUBU- QUE, IOWA UNDER THE PROVISIONS OF /s/Jeanne F. Schneider, CMC CHAPTER 384 OF THE CODE OF IOWA, City Clerk PROVIDING FOR A METHOD OF PAYMENT Book 140 Special Sessions (2), August 2, 2010 313 THEREOF, APPROVING LOAN AND DIS-"Closing" shall mean the date of execu- BURSEMENT AGREEMENT, AND OTHER tion of the Agreement and delivery of the Se- RELATED MATTERS ries 2010E Bonds to the Original Purchaser Whereas, the City Council of the City of and the funding of the Loan by the Trustee. "Loan" Dubuque, Iowa (the "City") has heretofore es- shall mean the total principal tablished charges, rates and rentals for servic-amount allocated by the Original Purchaser to es which are and will continue to be collected the City under the Program, equal in amount to as system revenues of the Municipal Sanitary the aggregate principal amount of the Series Sewer System, and said revenues have not 2010E Bonds. "Master Resolution" been pledged and are available for the pay- means the City ment of sewer revenue bonds or notes, subject Council Resolution No. 437-08, passed and to the following premises; and approved on December 15, 2008, entitled Whereas, by Resolution No. 437-08 "Master Resolution relating to the issuance of passed and approved on December 15, 2008 Sewer Revenue Bonds by the City of Dubu- (the "Master Resolution"), the City Council que, Iowa under the provisions of Chapter 384 heretofore has authorized the issuance of of the Code of Iowa, authorizing and providing $2,000,000 Sewer Revenue Capital Loan for the issuance and securing the payment of Notes, Series 2009A, for the purpose of fi-$2,000,000 Sewer Revenue Capital Loan nancing the construction of the Series 2009A Notes, Series 2009A, providing for a method of Project described therein, and to pay related payment thereof, and related matters," as the costs of issuance; and same may be amended from time to time. "Original Purchaser" Whereas, Section 8.3 of the Master Reso- means the Iowa lution authorizes the issuance of additional Finance Authority, as the purchaser of the Senior Bonds, including Senior SRF Bonds, by Series 2010E Bonds from the City at the time the City from time to time, if all of the condi-of their original issuance. "Program" tions set forth therein are satisfied; and shall mean the Iowa Water Whereas, the notice of intention of the City Pollution Control Works Financing Program Council to take action for the issuance of not to administered by the Original Purchaser. "Series 2010E Bonds" exceed $65,000,000 Sewer Revenue Capital means the Loan Notes has heretofore been duly pub-$64,885,000 Sewer Revenue Capital Loan lished and no objections to such proposed Notes, Series 2010E, dated the date of deli- action have been filed; and very, authorized to be issued pursuant to this Whereas, the Council has determined to Series Resolution. "Series 2010E Costs of Issuance Ac- issue additional Senior SRF Bonds, and has count" determined that, upon passage of this Series means the account by that name with- Resolution all of the requirements of Article in the Project Fund established in Section 5.1 VIII of the Master Resolution with respect to of the Master Resolution. "Series 2010E Project" the issuance of additional Senior SRF Bonds shall mean the will have been satisfied. Project being financed with the proceeds of the NOW, THEREFORE, BE IT RESOLVED Series 2010E Bonds, including those costs BY THE CITY COUNCIL OF THE CITY OF associated with the Water Pollution Control DUBUQUE, IN THE COUNTY OF DUBUQUE, Plant Modification Project and the refinancing STATE OF IOWA:of the Sewer Revenue Capital Loan Notes ARTICLE I Anticipation Project Note, Series 2009, dated DEFINITIONS March 11, 2009, issued in respect of such Section 1.1. Definitions . Except as oth-costs, as described generally in the Agreement erwise provided below in this Article I, all and more particularly in the plans and specifi- words and terms defined in Article I of the cations on file from time to time with the City Master Resolution shall have the same mean-Clerk. "Series 2010E Project Account" ings in this Series Resolution as such defined means words and terms are given in Article I of the the account by that name within the Project Master Resolution. In addition, the following Fund established in Section 5.1 of the Master terms shall have the following meanings in this Resolution. "Series 2010E Rebate Account" Series Resolution unless the text expressly or means by necessary implication requires otherwise: the account by that name within the Rebate "Agreement" shall mean the Loan and Fund established in Section 6.10 of the Master Disbursement Agreement dated as of the Resolution. "Series Resolution" Closing between the City and the Original Pur- means this Resolu- chaser relating to the Loan made to the City tion of the Council. "Tax Exemption Certificate" under the Program. means the "City" Issuer or"" shall mean the City of Tax Exemption Certificate executed by the Dubuque, Iowa. Treasurer and delivered at the time of is- 314 Special Sessions (2), August 10, 2010 Book 140 suance and delivery of the Series 2010E cember 1, 2010, and semi-annually thereafter Bonds. on the 1st day of June and December in each "Trustee" shall mean Wells Fargo Bank, year until maturity as set forth on the Debt National Association, with its principal office Service Schedule attached to the Agreement located in the City of Des Moines, Iowa, and its as Exhibit A and incorporated herein by this successors and any corporation resulting from reference. As set forth on said Debt Service or surviving any consolidation or merger to Schedule, principal shall be payable on June which it or its successors may be a party and 1, 2014 and annually thereafter on the 1st day any successor trustee under the Program. of June in the amounts set forth therein until ARTICLE II principal and interest are fully paid, except that THE SERIES 2010E BONDS the final installment of the entire balance of Section 2.1. Series 2010E Bonds - Au- principal and interest, if not sooner paid, shall thorization and Purpose . Pursuant to the become due and payable on June 1, 2039. provisions of the Master Resolution and in Notwithstanding the foregoing or any other particular Section 8.3 thereof, there are hereby provision hereof, principal and interest shall be authorized to be issued, negotiable, serial, fully payable as shown on said Debt Service Sche- registered Sewer Revenue Capital Loan dule until completion of the Series 2010E Notes, Series 2010E, in the aggregate princip-Project, at which time the final Debt Service al amount of $64,885,000, dated the date of Schedule shall be determined by the Trustee delivery, for the purpose of constructing the based upon actual advancements, final costs Series 2010E Project and paying Project Costs and completion of the Series 2010E Project, all relating thereto, and to pay related Costs of as provided in the administrative rules govern- Issuance. The Series 2010E Bonds shall be ing the Program. Payment of principal and issued as Senior SRF Bonds under the terms interest on the Series 2010E Bonds shall at all of the Master Resolution, for the purpose of times conform to said Debt Service Schedule paying costs of the Series 2010E Project. The and the rules of the Program. Council, pursuant to Sections 384.24A and In addition to the payment of principal of 384.82 of the Code of Iowa, hereby finds and and interest on the Series 2010E Bonds, the determines that it is necessary and advisable City also agrees to pay the Initiation Fee and to issue said Series 2010E Bonds authorized the Servicing Fee as defined and in accor- by the Agreement and this Resolution. dance with the terms of the Agreement. Section 2.2. Issuance of Series 2010E The Series 2010E Bonds and the Regi- Bonds in Certificated Form strar’s Certificate of Authentication shall be in . The Series substantially the form set forth in Exhibit A 2010E Bonds shall be issued as Bonds in Au- attached hereto, with such variations, omis-thorized Denominations and may at the re- sions, substitutions and insertions as are re-quest of the Original Purchaser be issued as a quired or permitted by this Series Resolution. single Series 2010E Bond in the full authorized The Series 2010E Bonds shall be executed amount thereof, and shall be registered in the by the manual or facsimile signature of the name of the Original Purchaser. Section 2.3. Appointment of Registrar Mayor and attested by the manual or facsimile . signature of the City Clerk of the Council, and The Treasurer is hereby appointed as Regi- shall be fully registered as to both principal strar for the Series 2010E Bonds under the and interest as provided in this Series Resolu-terms of this Series Resolution. Section 2.4. Execution, Authentication tion; principal, interest and premium, if any and Delivery of the Series 2010E Bonds shall be payable at the office of the Paying . Agent by mailing of a check, wire transfer or Upon the adoption of this Resolution, the automated clearing house system transfer to Mayor and City Clerk shall execute and deliver the registered owner of the Bond. The Series the Series 2010E Bonds to the Registrar, who 2010E Bonds shall be in the denomination of shall authenticate the same and deliver the $1,000 or multiples thereof and may at the same to or upon order of the Original Pur- request of the Original Purchaser be initially chaser. No such Series 2010E Bond shall be issued as a single Bond in the denomination of valid or obligatory for any purpose or shall be $64,885,000 and numbered R-1. entitled to any right or benefit hereunder un- The Series 2010E Bonds shall be issued less the Registrar shall duly endorse and ex- pursuant to the provisions of Sections 384.24A ecute on such Series 2010E Bond a Certificate and 384.82 of the Code of Iowa for the afore-of Authentication substantially in the form of said purpose, be designated "SEWER REVE-the Certificate herein set forth. Such Certificate NUE CAPITAL LOAN NOTE, SERIES 2010E", upon any such Series 2010E Bond executed be dated the date of delivery, and bear interest on behalf of the Issuer shall be conclusive at the rate of 3.0% per annum from the date of evidence that the Series 2010E Bond so au- each advancement made under the Agree-thenticated has been duly issued under this ment, until payment thereof, at the office of the Series Resolution and that the holder thereof Paying Agent, said interest payable on De- Book 140 Special Sessions (2), August 2, 2010 315 ARTICLE V is entitled to the benefits of this Series Resolu- TAX PROVISIONS tion. ARTICLE III Section 5.1. Disposition of Bond REDEMPTION OF BONDSProceeds; Arbitrage Not Permitted . The City Section 3.1. Optional Redemption . The reasonably expects and covenants that no use Series 2010E Bonds are subject to optional will be made of the proceeds from the is- redemption at a price of par plus accrued in-suance and sale of the Series 2010E Bonds terest (i) on any date upon receipt of written issued hereunder which will cause any of the consent of the Original Purchaser or (ii) in the Series 2010E Bonds to be classified as arbi- event that all or substantially all of the Series trage bonds within the meaning of Section 2010E Project is damaged or destroyed. Any 148(a) and (b) of the Code, and that through- optional redemption of the Series 2010E out the term of said Series 2010E Bonds it will Bonds may be made from any funds regard-comply with the requirements of said statute less of source, in whole or from time to time in and regulations issued thereunder. part, in inverse order of maturity, by giving not To the best knowledge and belief of the less than thirty (30) days notice of redemption City, there are no facts or circumstances that by certified or registered mail to the Original would materially change the foregoing state- Purchaser (or any other registered owner of ments or the conclusion that it is not expected the Series 2010E Bonds). The terms of re-that the proceeds of the Series 2010E Bonds demption shall be par, plus accrued interest to will be used in a manner that would cause date of call. The Series 2010E Bonds are also such Bonds to be arbitrage bonds. Without subject to mandatory redemption as set forth limiting the generality of the foregoing, the City in Section 5 of the Agreement. hereby agrees to comply with the provisions of ARTICLE IV the Tax Exemption Certificate and the provi- DELIVERY AND APPLICATION OF sions of the Tax Exemption Certificate are PROCEEDS hereby incorporated by reference as part of Section 4.1. Application of Series 2010E this Series Resolution. The Treasurer is here- Bond Proceeds . The Series 2010E Bonds by directed to make and insert all calculations shall be delivered as provided in Sections 6.1 and determinations necessary to complete the and 6.2 and the proceeds thereof shall be ap-Tax Exemption Certificate in all respects and plied as follows: to execute and deliver the Tax Exemption Cer- (i) An amount sufficient to pay tificate at issuance of the Series 2010E Bonds the Costs of Issuance of the to certify as to the reasonable expectations Series 2010E Bonds shall and covenants of the City at that date. be deposited into the Series The City covenants that it will treat as yield 2010E Costs of Issuance restricted any proceeds of the Series 2010E Account. Bonds remaining unexpended after three (ii) The balance of proceeds years from the issuance and any other funds shall be deposited into the required by the Tax Exemption Certificate to Series 2010E Project Ac-be so treated. If any investments are held with count of the Project Fund respect to the Series 2010E Bonds, the City and applied thereafter to pay shall treat the same for the purpose of re- Project Costs of the Series stricted yield as held in proportion to the origi- 2010E Project. nal principal amounts of each issue. Section 4.2. No Adjustment to Debt Ser- The City covenants that it will exceed any vice Reserve Requirement. The Series investment yield restriction provided in this 2010E Bonds shall be issued as Senior SRF Series Resolution only in the event that it shall Bonds under the Master Resolution, and shall first obtain an opinion of bond counsel that the not be secured by or payable from amounts proposed investment action will not cause the held in the Debt Service Reserve Fund estab-Series 2010E Bonds to be classified as arbi- lished in the Master Resolution. Upon is-trage bonds under Section 148(a) and (b) of suance of the Series 2010E Bonds, the the Code. amount to be accumulated and maintained in The City covenants that it will proceed with the Debt Service Reserve Fund shall not be due diligence to spend the proceeds of the increased, but shall continue to remain equal Series 2010E Bonds for the purpose set forth to 100% of the Debt Service Reserve Re-in this Series Resolution. The City further co- quirement computed on a basis which includes venants that it will make no change in the use all Senior Bonds which will be Outstanding of the proceeds available for the construction immediately after issuance of the Series of facilities or change in the use of any portion 2010E Bonds and which are not Senior SRF of the facilities constructed therefrom by per- Bonds. sons other than the City or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed 316 Special Sessions (2), August 10, 2010 Book 140 project or use will not be of such character as Tax Exemption Certificate referred to in Sec- to cause interest on any of the Series 2010E tion 5.1 hereof. Section 6.4. Construction Bonds not to be exempt from federal income . Except to the taxes in the hands of holders under the provi-extent set forth herein, all of the applicable sions of the Code. terms, conditions and provisions of the Master Section 5.2. Additional Covenants, Re- Resolution shall be deemed and construed to presentations and Warranties of the City . apply to the Series 2010E Bonds and are he- The City certifies and covenants with the pur-reby incorporated by reference and made a chasers and holders of the Series 2010E part hereof to the same extent as if fully set Bonds from time to time outstanding that the forth herein. Except as may otherwise be pro- City through its officers, (a) will make such vided herein, the Master Resolution shall re- further specific covenants, representations and main in full force and effect. Section 6.5. Severability assurances as may be necessary or advisable; . If any section, (b) comply with all representations, covenants paragraph, or provision of this Series Resolu- and assurances contained in the Tax Exemp-tion shall be held to be invalid or unenforcea- tion Certificate, which Tax Exemption Certifi-ble for any reason, the invalidity or unenfor- cate shall constitute a part of the contract be-ceability of such section, paragraph or provi- tween the City and the owners of the Series sion shall not affect any of the remaining pro- 2010E Bonds; (c) consult with bond counsel visions. Section 6.6. Repeal of Conflicting Or- (as defined in the Tax Exemption Certificate); dinances or Resolutions and Effective (d) pay to the United States, as necessary, Date such sums of money representing required . All other ordinances, resolutions and rebates of excess arbitrage profits relating to orders, or parts thereof, in conflict with the the Series 2010E Bonds; (e) file such forms, provisions of this Series Resolution are, to the statements and supporting documents as may extent of such conflict, hereby repealed; and be required and in a timely manner; and (f) if this Series Resolution shall be in effect from deemed necessary or advisable by its officers, and after its adoption. th to employ and pay fiscal agents, financial ad-Passed and approved this 10 day of Au- visors, attorneys and other persons to assist gust, 2010 the City in such compliance. Roy D. Buol, Mayor ARTICLE VI Attest: Jeanne F. Schneider, CMC, City Clerk MISCELLANEOUS PROVISIONS Section 6.1. Delivery of Series 2010E Iowa Jobs (I-JOBS II) Application – Lower Bonds . The City shall deliver the executed Bee Branch Creek Restoration Project: City Agreement and the Series 2010E Bonds to the Manager recommending approval of an appli- Original Purchaser at the price of par on the cation for I-JOBS II funding for the (Lower) date of Closing. Delivery of the executed Bee Branch Creek Restoration Project. Motion Agreement and the Series 2010E Bonds shall by Resnick to receive and file the documents be made to the Original Purchaser as soon as and adopt Resolution No. 303-10 Support of I- practicable after the effective date of this Se-JOBS II Disaster Prevention Grant Program ries Resolution. Application for funding for the Lower Bee Section 6.2. Approval of Agreement. The Branch Creek Restoration Project and Smart Agreement in substantially the form presented Planning Principals. Seconded by Connors. at this meeting of the Council is hereby autho-Motion carried 6-0. rized and approved, and the Mayor and City RESOLUTION NO. 303-10 Clerk are authorized to execute and deliver the SUPPORT OF I-JOBS II DISASTER PRE- Agreement, with such changes therein as such VENTION GRANT PROGRAM APPLICA- officials deem appropriate, for and on behalf of TION FOR FUNDING FOR THE LOWER BEE the City, such officers' signatures thereon be- BRANCH CREEK RESTORATION PROJECT ing conclusive evidence of such officials' and AND SMART PLANNING PRINCIPLES the City's approval thereof. Section 6.3. General Authorization. From Whereas, in 1999, 2002 and 2004, heavy and after the date of adoption of this Series rains produced flood damage spurring Presi- Resolution, the officers, employees and agents dential Disaster Declarations for Dubuque of the City are hereby authorized to do all such County and a request for a Presidential Disas- acts and things and to execute and deliver any ter Declaration for Dubuque County for the and all other documents, agreements, certifi-2010 storm damage has been made to the cates and instruments relating to the Series State of Iowa; and 2010E Bonds, the investment of the proceeds Whereas, the Lower Bee Branch Creek thereof and the other transactions contem-Restoration Project has been identified as one plated on the part of the City by this Series of a series of projects to provide relief from Resolution, including, but not limited to, the property damage due to flooding to 1,150 resi- dents in the City of Dubuque; and Book 140 Special Sessions (2), August 2, 2010 317 Whereas, during the 2010 Legislative Ses-Smart Planning Principles in confor- sion, the Iowa Legislature enacted Senate File mance with the Act. 2389 (the “Act”), creating the I-Jobs II Program 3. In the event the City of Dubu- and providing for I-Jobs grant funding to assist que is awarded one or more grants in the development and completion of public under the Iowa Jobs II local infra- construction projects relating to disaster pre-structure competitive grant program vention; and pursuant to the Act, the City shall Whereas, the Act also created new chapter complete the amendment of its Com- 18B of the Iowa Code, which provides, inter prehensive Plan utilizing Smart Plan- alia, that local governments shall consider and ning Principles in conformance with may apply certain planning principles, denomi-new chapter 18B within three years of nated by the Act as “Smart Planning Prin-the award of such grant. th ciples” during the deliberation of all appropriate Passed, approved and adopted this 10 planning, zoning, development, and resource day of August, 2010. management decisions; and Roy D. Buol, Mayor Whereas, pursuant to Sec. 88 of the Act, Attest: Jeanne F. Schneider, CMC, City Clerk only cities or counties that apply “smart plan- ning principles and guidelines pursuant to sec-There being no further business, upon mo- tions 18B.1 and 18B.2, may submit an applica-tion the City Council adjourned at 4:57 p.m. tion to the Iowa jobs board for financial assis- tance for a local infrastructure competitive /s/Jeanne F. Schneider, CMC grant for an eligible project under the pro-City Clerk gram;” and Whereas, the City Council passed Ordin- ance 11-90 in February of 1990 defining the City of Dubuque Comprehensive Plan and community planning process; and Whereas, the City Council passed Resolu- tion 33-08 in January of 2008 approving up- dates to the City of Dubuque 2002 Compre- hensive Plan thereby establishing the City of Dubuque 2008 Comprehensive Plan; and Whereas, the 2008 Dubuque Comprehen- sive Plan includes goals consistent with all 10 of the Smart Planning Principles outlined in the Act; and Whereas, the City of Dubuque has adopted both the 2009 Unified Development Code and a Sustainability Model that further the realiza- tion of the Smart Planning Principles outlined in the Act; and Whereas, the City of Dubuque desires to apply for I-Jobs II grant funding for the Lower Bee Branch Creek Restoration Project within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The City of Dubuque does hereby affirm that the 2008 Compre- hensive Plan by definition and by in- clusion of goals is consistent with all 10 of the Smart Planning Principles outlined in the Act, and that both the 2009 Unified Development Code and the Dubuque Sustainability Model fur- ther the realization of these Smart Planning Principles. 2. The City of Dubuque shall promptly perform a review to deter- mine the potential advantages and disadvantages to the City of amend- ing its Comprehensive Plan utilizing 318 Special Sessions (2), August 10, 2010 Book 140 CITY OF DUBUQUE, IOWA ment’s budget process if additional resources are needed. CITY COUNCIL 5. Give the Safe Community Task Force OFFICIAL and Police Department the opportuni- PROCEEDINGS ty to respond to the Northern Illinois University crime study report and recommendations due at the end of The Dubuque City Council met in Special September which may result in addi- Session at 5:30 p.m. on August 10, 2010 In tional recommendations: Consensus. the Historic Federal Building. 6. The Safe Community Task Force re- commends its continued existence to Present: Mayor Buol, Council Members, monitor the implementation and Braig, Connors, Jones, Lynch, Resnick, City progress of its recommendations Manager Van Milligen, City Attorney Lindahl through quarterly progress reports from City staff and special meetings Absent: Council Member Voetberg as necessary. The SCTF further re- commends that the City Council con- Mayor Buol read the call and stated this is sider creation of a Safe Community a special session of the City Council called for Commission: To be discussed at the the purpose of conducting a work session to City Council’s Goal Setting Session. discuss the recommendations of the Safe Community Task Force. Housing Code Enforcement 7. Support Landlords in evicting problem WORK SESSION tenants for cause: Consensus Safe Community Task Force 8. Mandate that landlords conduct ren- Recommendations ter background checks using the City’s free service: Consensus to City Manager Van Milligen provided back- keep “mandate” but with the option of ground information regarding the formation using the City’s service. and purpose of the Safe Community Task 9. Establish threshold number of com- Force. plaint calls that will place a problem Mayor Buol provided a brief explanation of property in priority category. Establish the goal of the work session and introduced polices and processes for immediate the recommendations for discussion by City response and resolution of problems Council. City Manager Van Milligen, Police involving those properties: Consen- Chief Mark Dalsing, Housing and Community sus Development Director David Harris, Assistant 10. Tie frequency of property inspections City Attorney Crenna Brumwell, Information to landlord’s history of cooperation Services Manager Chris Kohlmann and Plan- with Code compliance. Establish a ning Services Manager Laura Carstens re- threshold number of problem com- sponded to questions by City Council. plaints that will trigger a meeting among the landlord, the tenant, and Recommendations representatives of the Housing and Police Department: Consensus Enforcement 11. Intensify exterior code enforcement 1. Juvenile Curfew Ordinance: Consen- efforts: Encourage city employees sus for staff to review and provide a across departments to identify and recommendation. report property code enforcement 2. Provide additional resources for the problems and establish ways to re- Community Policing Program: Con- ward employees: Consensus sensus for staff to provide information 12. Create a data clearing house limited through the Police Department’s to verifiable and factual information budget process. that landlords and tenants can share 3. Direct Police Department to enforce and reference when making their ren- noise ordinances more aggressively: tal decisions: Consensus with limita- Consensus for staff to provide infor- tion to factual information. mation through the Police Depart- 13. Develop and offer frequent training ment’s budget process if additional programs on code enforcement and resources are needed. property management for all lan- 4. Direct Police Department to enforce dlords; require all landlords to attend traffic ordinances more aggressively: the program; issue only temporary Consensus for staff to provide infor- occupancy permits/licenses until mation through the Police Depart- training has been completed: Con- Book 140 Special Sessions (2), August 2, 2010 319 Management of Physical Environment sensus with the consideration of test- ing out. 1. Install street lights in the middle of the block to brighten up the streets at Section 8 Program night and increase visibility for resi- 1. Additional SCTF Recommendations: dents: Consensus Increase public understanding; in-2. Improve Dubuque neighborhoods by crease participation in effective self-a) encouraging home ownership, b) sufficiency programs; provide in-encourage mixed-income approach to creased training to housing commis-neighborhood development, c) creat- sioners; implement an Exception ing a sense of place through good Rent Program to avoid concentrated design and required to meet the pockets of poverty; strengthen the City’s sustainability goals: Consensus role of the Resident Advisory Board; 3. Create an ordinance prohibiting the provide community service credits for boarding of windows and doors facing participation in self-sufficiency pro-streets: Consensus grams; continue to provide resources 4. Develop and enforce policies consis- to Family Self-Sufficiency programs tent with the “preservation briefs” to based upon evidence of success: maintain historic properties: Consen- Consensus with emphasis on in-sus creasing public knowledge and 5. Increase the number of trash recep- awareness of the program by en-tacles on the street: Consensus to hancing basic information on the consider through the budget process City’s web site and using City Chan-6. Increase the number of neighborhood nel 8. clean-ups and educate the communi- ty on city waste disposal polices in an Neighborhood Engagement and Social effort to clarify the purpose of neigh- Capital borhood clean-up programs: Consen- 1. City-Wide Human Relations Effort sus with the objectives of increasing to- Research and Facts lerance and mutual understanding among the diverse segments of the Results from the crime statistics study cur- population and implementing appro-rently being conducted by Northern Illinois priate measures that safeguard the University will be available in late September. rights and opportunities for all: Con- sensus Recommendations from staff will be sub- 2. Develop a Neighborhood Watch Pro-mitted to City Council at subsequent meetings gram: Consensus; consider en-over the next several months. hanced anonymous tips programs for residents There being no further business, upon mo- 3. Increase resident participation using tion the City Council adjourned at 7:45 p.m. such vehicles as clean-up cam- paigns, neighborhood picnics, new /s/Jeanne F. Schneider, CMC neighbor welcome events, and other City Clerk strategies developed by residents: Consensus 4. Cultural Competency Training should be offered periodically to businesses and the community at-large and mandatory for City board/commission members and staff: Consensus; on- going for staff; staff to recommend mandating for board/commission members or adding an entry to the application form. 5. Continued support of Human Rights Department; devote resources to hu- man relations initiatives that promote respect and understanding among residents: Consensus 6. Support a welcoming program for all new renters/residents through com- munity-based organizations: Consen- sus 320 Regular Session, August 16, 2010 Book 140 CITY OF DUBUQUE, IOWA property damage; Edward Ehrlich for vehicle damage; Michelle Grobstick for vehicle dam- CITY COUNCIL age; Christine M. Putnam for personal injury; OFFICIAL Dave Grant for vehicle damage; Rolf and Nan- PROCEEDINGS cy Goeck for property damage; Justin R. Mills for property damage; James R. Richardson for vehicle damage. Upon motion the documents The Dubuque City Council met in regular were received, filed, and referred to the City session at 6:30 p.m. on August 16, 2010 in the Attorney. Historic Federal Building. City Attorney advising that the following Present: Mayor Buol, Council Members claims have been referred to Public Entity Risk Braig, Connors, Jones, Lynch, Resnick, City Services of Iowa, the agent for the Iowa Com- Manager Van Milligen, City Attorney Lindahl munities Assurance Pool: Dan Dolphin for property damage; Edward J. Ehrlich for vehicle Absent: Council Member Voetberg damage; James LaBee for property damage; Kenneth R. Booth for property damage; Tho- Mayor Buol read the call and stated this is mas Metz for property damage; Michelle a regular session of the City Council to act Grobstick for vehicle damage; Christine M. upon such business that may properly come Putnam for personal injury; Karen L. Candee before the City Council. for property damage; Nancy Goecke for prop- erty damage. Upon motion the documents Pledge of Allegiance were received, filed, and concurred. Invocation was provided by Pastor Travis Fiscal Year 2010 Annual Action Plan – Roehm of Bridge Christian Church. Amendment 4: City Manager recommending approval of Amendment 4 to the Fiscal Year PROCLAMATION 2010 Annual Plan for the Homelessness Pre- vention and Rapid Re-Housing Program. Upon Table Mound Elementary School Week (Au- motion the documents were received and filed gust 23-27, 2010) was accepted by Table Mound and Resolution No. 304-10 Approving Elementary School Principal Roy Hansen and Amendment 4 to the Fiscal Year 2010 Annual three student representatives. Plan for the Homelessness Prevention and Rapid Re-Housing Program was adopted. CONSENT ITEMS RESOLUTION NO. 304-10 Motion by Lynch to receive and file the APPROVING THE FISCAL YEAR 2010 AN- documents, adopt the resolutions, and dispose NUAL ACTION PLAN AMENDMENT 4 HO- of as indicated. Seconded by Braig. Louis Pfei- MELESSNESS PREVENTION AND RAPID ler, 12275 Kingston Way, requested (#15) RE-HOUSING PROGRAM Veterans’ Memorial Plaza be held for separate Whereas, the City of Dubuque prepared discussion. Motion carried 6-0. and filed a Fiscal Year 2010 Annual Action Plan; and Minutes and Reports Submitted: Arts and Cul- Whereas, the City of Dubuque approved tural Affairs Advisory Commission of 6/16; City an amendment to the FY 2010 Annual Action Council of 8/2; Human Rights Commission of Plan on January 19, 2010 which included the 7/8; Investment Oversight Advisory Commis- Homelessness Prevention and Rapid Re- sion of 7/28; Park and Recreation Commission Housing Program (HPRP) funds from the U.S. of 7/13; Transit Board of Trustees of 7/8; Zon- Department of Housing and Urban Develop- ing Advisory Commission of 8/4; Zoning Board ment; and of Adjustment of 7/22 Whereas, the City now desires to amend Investment Oversight Advisory Commis- said Fiscal Year 2010 Annual Plan to reallo- th sion’s 69 Quarterly Report cate HPRP funding as per the attached Exhibit Proof of publication of City Council Pro- A ; and ceedings of July 19, 2010 and List of Claims Whereas, the Community Development and Summary of Revenues for Month Ended Advisory Commission reviewed the proposed June 30, 2010 amendment on July 21, 2010 and voted to Upon motion the documents were received approve said amendment and recommended and filed. City Council approval. NOW THEREFORE, BE IT RESOLVED Notice of Claims/Suits: Kenneth Booth for BY THE CITY COUNCIL OF THE CITY OF vehicle damage; James and Bonita LaBee for DUBUQUE, IOWA: property damage; Thomas and Mary Metz for Book 140 Regular Session, August 16, 2010 321 Section 1. That the Fiscal Year 2010 An-The undersigned City Engineer of the City nual Action Plan is hereby amended as per of Dubuque, Iowa, hereby certifies that he has Amendment 4, hereto attached as Exhibit A. inspected the Fire Station #4 Re-Roof 2010 Section 2. That the City Manager is hereby Project, that the Project has been performed in authorized and directed to prepare and to compliance with the terms of the Public Im- submit to the United States Department of provement Contract, and that the total cost of Housing and Urban Development the Fiscal the completed work is $20,780.00. th Year 2010 Annual Action Plan- Amendment 4 Dated this 9 day of August, 2010. as required. Gus Psihoyos, City Engineer thth Passed, approved and adopted this 16 Filed in the office of the City Clerk on the 10 day of August 2010. day of August, 2010. Roy D. Buol, Mayor Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk Southwest Arterial – Supplemental Agree- Fire Station No. 4 – Roof Replacement ment: City Manager recommending approval Project: City Manager recommending accep-of the Supplemental Agreement with AECOM tance of the Fire Station No. 4 – Roof Re-Technical Services, Inc., to provide construc- placement Project as completed by Giese tion engineering services for the North Cas- Roofing Company in the final contract amount cade Road Reconstruction Project. Upon mo- of $20,780. Upon motion the documents were tion the documents were received and filed received and filed and Resolution No. 305-10 and Resolution No. 306-10 Approving the Accepting the Fire Station No. 4 – Roof Re-Consultant Professional Services – Supple- placement Project and authorizing payment of mental Agreement between AECOM Technical the contract amount to the contractor was Services, Inc. and the City of Dubuque for adopted. construction engineering services for the North Cascade Road Reconstruction Project (Phase RESOLUTION NO. 305-10 1 of the Southwest Arterial Project) was ACCEPTING THE FIRE STATION #4 RE- adopted. ROOF 2010 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT RESOLUTION NO. 306-10 AMOUNT TO THE CONTRACTOR APPROVING THE CONSULTANT PROFES- SIONAL SERVICES - SUPPLEMENTAL Whereas, the Public Improvement Contract AGREEMENT BETWEEN AECOM TECH- for the Fire Station #4 Re-Roof 2010 Project NICAL SERVICES, INC. AND THE CITY OF (the Project) has been completed and the City DUBUQUE FOR CONSTRUCTION ENGI- Engineer has examined the work and filed a NEERING SERVICES FOR THE NORTH certificate stating that the Project has been CASCADE ROAD RECONSTRUCTION completed according to the terms of the Public PROJECT (PHASE 1 OF THE SOUTHWEST Improvement Contract and that the City Engi- ARTERIAL PROJECT) neer recommends that the Project be ac- cepted; and Whereas, the City of Dubuque is proceed- NOW THEREFORE, BE IT RESOLVED ing with the North Cascade Road Reconstruc- BY THE CITY COUNCIL OF THE CITY OF tion Project (Phase I of the Southwest Arterial DUBUQUE, IOWA: Project); and Section 1. The recommendation of the City Whereas, AECOM Technical Services, Inc. Engineer is approved and the Project is hereby will provide construction engineering services accepted. for Phase I of the Southwest Arterial Project. Section 2. The Finance Director is hereby NOW THEREFORE, BE IT RESOLVED directed to pay to the Contractor from the Ex-BY THE CITY COUNCIL OF THE CITY OF terior Improvements – Station #4 Capital Im-DUBUQUE, IOWA: provement Project appropriation for the con-Section 1. That said Consultant Profes- tract amount of $20,780.00 less any retained sional Services - Supplemental Agreement - percentage provided for therein as provided in Southwest Arterial, from Seippel Road to Olde Iowa Code chapter 573, and to pay such retai-Davenport Road between AECOM Technical nage only in accordance with the provisions of Services, Inc. and the City of Dubuque is he- Iowa Code chapter 573. reby approved for the North Cascade Road th Passed, approved and adopted this 16 Reconstruction Project (Phase I of the South- day of August, 2010. west Arterial), subject to the concurrence of Roy D. Buol, Mayor the Iowa Department of Transportation. Attest: Jeanne F. Schneider, CMC, City Clerk Section 2. That the Mayor be authorized and directed to execute three copies of said CITY ENGINEER’S CERTIFICATE OF FINAL Consultant Professional Services - Supple- COMPLETION OF THE FIRE STATION #4 mental Agreement - Southwest Arterial, from RE-ROOF 2010 PROJECT Seippel Road to Olde Davenport Road, subject 322 Regular Session, August 16, 2010 Book 140 to the concurrence of the Iowa Department of lar employ of the City, certifying that emergen- Transportation, for the North Cascade Road cy repairs to the retaining wall and street are Reconstruction Project (Phase I of the South-necessary. west Arterial). NOW THEREFORE, BE IT RESOLVED th Passed, approved and adopted this 16 BY THE CITY COUNCIL OF THE CITY OF day of August, 2010. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. The City Council finds that it is Attest: Jeanne F. Schneider, CMC, City Clerk necessary to institute emergency proceedings to repair the retaining wall adjacent to Ray- Raymond Place/Maiden Lane Retaining mond Place and Maiden Lane including the Wall – Emergency Repair: City Manager re-street pavement, storm sewer and sanitary commending approval of the emergency re-sewer. pairs of the Raymond Place/Maiden Lane Re-Section 2. The City Manager is hereby au- taining Wall. Upon motion the documents were thorized to proceed with instituting such emer- received and filed and Resolution No. 307-10 gency repairs as provided by law. th Authorizing emergency repairs to the Ray-Passed, adopted and approved this 16 mond Place/Maiden Lane Retaining Wall was day of August, 2010. adopted. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 307-10 AUTHORIZING EMERGENCY REPAIRS TO E.B. Lyons Interpretive Center 28E Agree- THE RETAINING WALL AT THE INTERSEC- ment: City Manager recommending approval of a TION OF RAYMOND PLACE AND MAIDEN 28E Agreement including the City, the Iowa De- LANE INCLUDING THE STREET PAVE- partment of Natural Resources and the Friends of MENT, STORM SEWER AND SANITARY the Mines of Spain for the Friends of the Mines of SEWER Spain to operate their gift shop, vending machines Whereas, a public retaining wall adjacent and events at the expanded E.B. Lyons Interpre- to Raymond Place and Maiden Lane is failing tive Center at the state park. Upon motion the and the pavement on Raymond Place and documents were received, filed, and approved. Maiden Lane has collapsed as the result of the failing public retaining wall; and Final Plat – Larkspur Addition: Zoning Ad- Whereas, Iowa Code § 384.103 provides visory Commission recommending approval of that when emergency repair of a public im-the final plat of Lot 1, Lot 2 and Lot 3 of provement is necessary and the delay of ad-Larkspur Addition as requested by John A. vertising and a public letting might cause se-Brennan. Upon motion the documents were rious loss or injury to the city, the governing received and filed and Resolution No. 308-10 body shall, by resolution, make a finding of the Approving the Final Plat of Lot 1, Lot 2 and Lot necessity to institute emergency proceedings 3 of Larkspur Addition in the City of Dubuque, and shall procure a certificate from a compe-Iowa, was adopted. tent registered professional engineer or archi- RESOLUTION NO. 308-10 tect, not in the regular employ of the city, certi- APPROVING THE FINAL PLAT LOT 1, LOT fying that emergency repairs are necessary, 2 AND LOT 3 OF LARKSPUR ADDITION IN and that in that event the governing body may THE CITY OF DUBUQUE, IOWA. contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, there has been filed with the City Whereas, Iowa Code § 364.12(3)(c) pro-Clerk the Final Plat Lot 1, Lot 2 and Lot 3 of vides that a city may require the removal, re-Larkspur Addition in the City of Dubuque, pair, or dismantling of a dangerous structure Iowa; and and if the property owner does not perform the Whereas, said Final Plat provides 0 feet of action, in an emergency a city may perform the frontage for Lot 1 and 16 feet of lot frontage for action and assess the costs to the property Lot 2 on a public street, where 50 feet is re- owner; and quired by Section 11-14 of Title 16 of the City Whereas, the City Council finds that the of Dubuque Code of Ordinances, Unified De- condition of the retaining wall is a dangerous velopment Code; and structure and constitutes an emergency and Whereas, said Final Plat has been ex- that an emergency repair of the retaining wall amined by the Zoning Advisory Commission and adjoining public street supported by the and had its approval endorsed thereon; and retaining wall is necessary and the delay of Whereas, said Final Plat has been ex- advertising and a public letting might cause amined by the City Council and they find that it serious loss or injury to the city; and conforms to the statues and ordinances relat- Whereas, the City has procured a certifi-ing to it. cate from a competent professional engineer registered in the State of Iowa, not in the regu- Book 140 Regular Session, August 16, 2010 323 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: Section 1. That Section 11-14 of Title 16 of Iowa Department of Economic Develop- the City of Dubuque Code of Ordinances, Uni-ment State Planning Grant: City Manager re- fied Development Code, is waived to allow 0 commending approval of an Iowa Department feet of frontage on a public street or an ap-of Economic Development State Planning proved private street for Lot 1 and 16 feet of lot Grant application. Upon motion the documents frontage for Lot 2. were received and filed and Resolution No. Section 2. That the Final Plat Lot 1, Lot 2 310-10 Authorizing State Planning Grant ap- and Lot 3 of Larkspur Addition is hereby ap-plication to the Iowa Department of Economic proved and the Mayor and City Clerk are he-Development was adopted. reby authorized and directed to endorse the RESOLUTION NO. 310-10 approval of the City of Dubuque, Iowa upon AUTHORIZING STATE PLANNING GRANT said final plat. th APPLICATION TO IOWA DEPARTMENT OF Passed, approved and adopted this 16 ECONOMIC DEVELOPMENT day of August 2010. Roy D. Buol, Mayor Whereas, the Iowa Department of Eco- Attest: Jeanne F. Schneider, CMC, City Clerk nomic Development has solicited proposals from cities for a State Planning Grant for up- Plat of Survey – Creek Wood Drive: Zoning dates of comprehensive plans and housing Advisory Commission recommending approval needs assessments; and of the Plat of Survey of Creek Wood Drive as Whereas, the City of Dubuque plans to up- requested by Greg McCoy. Upon motion the date the 2008 Comprehensive Plan in the next documents were received and filed and Reso-three years; and lution No. 309-10 Approving the Plat of Survey Whereas, the City of Dubuque has identi- of Lot 1 of the NE 1/4 SW ¼ Section 2, T88N, fied that a housing needs assessment is a th R2E of the 5 P.M. of Creek Wood Drive was priority. adopted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 309-10 DUBUQUE, IOWA: APPROVING THE PLAT OF SURVEY OF Section 1. The Planning Services Manager LOT 1 OF THE NE ¼ SW ¼ SECTION 2, is hereby authorized to submit an application TH T88N, R2E OF THE 5 P.M. (CREEK WOOD to the Iowa Department of Economic Devel- DRIVE) opment for a State Planning Grant, and to Whereas, there has been filed with the City coordinate the required staff and partner sup- Clerk a Plat of Survey of Lot 1 of the NE ¼ SW port for preparation of the IDED grant applica- th ¼ Section 2, T88N, R2E of the 5 P.M.in the tion for a HUD Community Challenge Planning City of Dubuque, Iowa; and Grant. Whereas, said Plat of Survey has been ex-Section 2. That in the event said IDED ap- amined by the Zoning Advisory Commission plication is approved. The City Manager is and had its approval endorsed thereon; and hereby authorized to allocate funds from the Whereas, said Plat of Survey has been ex-City budget for the required local catch match amined by the City Council and they find that it and to direct City staff to provide the requisite conforms to the statutes and ordinances relat-in-kind match in staff time for this planning ing thereto. grant. th NOW THEREFORE, BE IT RESOLVED Passed, approved and adopted this 16 BY THE CITY COUNCIL OF THE CITY OF day of August 2010. DUBUQUE, IOWA: Roy D. Buol, Mayor Section 1. That Section 11-14 of Title 16 of Attest: Jeanne F. Schneider, CMC, City Clerk the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 Dubuque County Conservation Board: feet of frontage on a public street or an ap-Communication to Brian Preston, Dubuque proved private street for Lot 1 of the NE ¼ SW County Conservation Board, regarding a th ¼ Section 2, T88NB, R2E, of the 5 P.M. REAP Grant for land acquisition along Herit- Section 2. That the Plat of Survey of Lot 1 age Trail in Dubuque County. Upon motion the of the NE ¼ SW ¼ Section 2, T88N, R2E of document was received and filed. th the 5 P.M. is hereby approved and the Mayor and City Clerk are hereby authorized and di-73 CHS Forwards, LLC – Housing Enter- rected to endorse the approval of the City of prise Zone Agreement: City Manager recom- Dubuque, Iowa upon said final plat. mending approval of a Housing Enterprise th Passed, approved and adopted this 16 Zone Program Agreement for 73 CHS For- day of August 2010. wards, LLC related to the redevelopment of 324 Regular Session, August 16, 2010 Book 140 the historic Cooper Wagon Works Building and among the Iowa Department of Economic located at 299 Main Street. Upon motion the Development, the City of Dubuque and CA- documents were received and filed and Reso-RADCO Building, LLLP, was adopted. lution No. 311-10 Approving a Housing Enter- RESOLUTION NO. 312-10 prise Zone Program Agreement by and among APPROVING A HOUSING ENTERPRISE the Iowa Department of Economic Develop- ZONE PROGRAM AGREEMENT BY AND ment, the City of Dubuque and 73 CHS For- AMONG THE IOWA DEPARTMENT OF wards, LLC, was adopted. ECONOMIC DEVELOPMENT, THE CITY OF RESOLUTION NO. 311-10 DUBUQUE AND CARADCO BUILDING, APPROVING A HOUSING ENTERPRISE LLLP. ZONE PROGRAM AGREEMENT BY AND Whereas, the City of Dubuque has estab- AMONG THE IOWA DEPARTMENT OF lished two Enterprise Zones and an Enterprise ECONOMIC DEVELOPMENT, THE CITY OF Zone Commission; and DUBUQUE AND 73 CHS FORWARDS, LLC Whereas, the Enterprise Zone Commission Whereas, the City of Dubuque has estab-on February 24, 2010 approved the application lished two Enterprise Zones and an Enterprise of CARADCO Building, LLLP, for Housing En- Zone Commission; and terprise Zone benefits; and Whereas, the Enterprise Zone Commission Whereas, CARADCO Building, LLLP’s ap- on June 4, 2010 approved the application of plication was approved by the Iowa Depart- 73 CHS Forwards, LLC. for Housing Enter-ment of Economic Development on June 10, prise Zone benefits; and 2010; and Whereas, 73 CHS Forwards, LLC’s appli-Whereas, the Iowa Department of Eco- cation was approved by the Iowa Department nomic Development has prepared and submit- of Economic Development on June 25, 2010; ted for City Council approval an agreement and relating to Housing Enterprise Zone benefits Whereas, the Iowa Department of Eco-for CARADCO Building, LLLP., a copy of nomic Development has prepared and submit-which is attached hereto and by this reference ted for City Council approval an agreement made a part hereof; and relating to Housing Enterprise Zone benefits Whereas, the City Council finds that the for 73 CHS Forwards, LLC., a copy of which is proposed agreement is acceptable and neces- attached hereto and by this reference made a sary to the growth and development of the city. 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 10-HEZ- DUBUQUE, IOWA: 041, 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 10-HEZ-on behalf of the City of Dubuque and forward 068, is hereby approved. the executed copy to the Iowa Department of Section 2. That the Mayor is hereby autho-Economic Development for their approval. th rized and directed to execute the Agreement Passed, approved and adopted this 16 on behalf of the City of Dubuque and forward day of August, 2010. the executed copy to the Iowa Department of Economic Development for their approval. Roy D. Buol, Mayor th Passed, approved and adopted this 16 Attest: Jeanne F. Schneider, CMC, City Clerk day of August, 2010. Roy D. Buol, Mayor HHH Enterprises, LLC: City Manager re- Attest: Jeanne F. Schneider, City CMC, Clerk commending approval of $15,000 in funding from the Downtown Housing Incentive Pool to CARADCO Building, LLLP – Housing En-HHH Enterprises, LLC to create three housing terprise Zone Agreement: City Manager re-units at 164-180 Main Street. Upon motion the commending approval of a Housing Enterprise documents were received and filed and Reso- Zone Program Agreement for CARADCO lution No. 313-10 Approving an award to HHH Building, LLLP related to the redevelopment of Enterprises, LLC from the Downtown Housing the former Carr, Ryder & Adams Company Incentive Pool to create new market-rate hous- building located at 900 Jackson Street. Upon ing units within the Greater Downtown Urban motion the documents were received and filed Renewal District was adopted. and Resolution No. 312-10 Approving a Hous- ing Enterprise Zone Program Agreement by Book 140 Regular Session, August 16, 2010 325 RESOLUTION NO. 313-10 Louis Kartman, Keith Shearer and Cindy APPROVING AN AWARD TO HHH ENTER- Kohlmann. Motion carried 6-0. PRISES, LLC FROM THE DOWNTOWN HOUSING INCENTIVE POOL TO CREATE RESOLUTION NO. 314-10 NEW MARKET-RATE HOUSING UNITS ACCEPTING OWNERSHIP OF VETERANS WITHIN THE GREATER DOWNTOWN UR-MEMORIAL PLAZA ON CHAPLAIN BAN RENEWAL DISTRICT SCHMITT ISLAND Whereas, the City of Dubuque has been Whereas on May 21, 2007, the City of Du- successful in encouraging job creation and buque City Council authorized Veterans Me- retention in the community for several years; morial Plaza, an Iowa non-profit corporation, to and construct a Veterans' Memorial on Chaplain Whereas, many of the City of Dubuque’s Schmitt Island and agreed that upon comple- new residents have a strong desire to live near tion the Memorial would be the property of the work and entertainment; and City of Dubuque; and Whereas, a significant shortage of quality Whereas, there has not yet been adopted market-rate rental and owner-occupied resi-by the City Council a formal resolution accept- dential units exists and efforts are needed to ing ownership of the Plaza; and encourage new development of such units; Whereas, the Veterans Memorial Plaza or- and ganization desires to donate the Veterans Whereas, several downtown residential Memorial Plaza improvements as completed to development projects need financial assis-date to the City of Dubuque; and tance to secure funding for such project; and Whereas, the City of Dubuque agrees to Whereas, the City received several appli-assume responsibility for upkeep of the Plaza cations for assistance from a Request for Pro-with the improvements to date including but posals due May 24, 2010; and not limited to the lighting and flags; and Whereas, such proposals have been re-Whereas, the Veterans Memorial Plaza or- viewed by a recommendation committee. ganization wishes to continue the partnership NOW THEREFORE, BE IT RESOLVED with the City of Dubuque in an advisory ca- BY THE CITY COUNCIL OF THE CITY OF pacity working with the Leisure Services Man- DUBUQUE, IOWA: ager. Section 1. The City Council approves the NOW, THEREFORE, BE IT RESOLVED following project to receive financial assistance BY THE CITY COUNCIL OF THE CITY OF for the creation of market-rate housing units DUBUQUE, IOWA: within the Greater Downtown Urban Renewal The ownership of the Veterans' Memorial District: Plaza and its improvements are hereby ac- Hous-cepted by the City of Dubuque. th ing Assis- Passed, approved and adopted this 16 Address Developer Units tance day of August, 2010. HHH Roy D. Buol, Mayor 164-180 Enterpris-$15,000 Attest: Jeanne F. Schneider, CMC, City Clerk Main 3 es, Grant Street LLC Portside Ventures, LLC – Termination of Section 2. That the City Manager is hereby Development Agreement: City Manager re- authorized and directed to execute an Incen- commending approval of the acknowledge- tive Agreement with HHH Enterprises, LLC. ment of the termination of the Development Passed, approved and adopted this Agreement between the City and Portside th 16 day of August, 2010. Ventures, LLC. Upon motion the documents Roy D. Buol, Mayor were received and filed and Resolution No. Attest: Jeanne F. Schneider, CMC, City Clerk 315-10 Approving the acknowledgement of termination of the Development Agreement Veterans’ Memorial Plaza: City Manager between the City of Dubuque, Iowa and Port- recommending approval of the acceptance of side Ventures, LLC, was adopted. ownership of Veterans’ Memorial Plaza on Chaplain Schmitt Island. Motion by Jones to RESOLUTION NO. 315-10 receive and file the documents and adopt APPROVING THE ACKNOWLEDGMENT OF Resolution No. 314-10 Accepting ownership of TERMINATION OF THE DEVELOPMENT Veterans’ Memorial Plaza on Chaplain Schmitt AGREEMENT BETWEEN THE CITY OF DU- Island. Seconded by Resnick. Louis Pfeiler, BUQUE, IOWA, AND PORTSIDE VEN- 12275 Kingston Way, thanked the City Council TURES, LLC. and Dubuque residents for making the me- Whereas, the City of Dubuque, Port of Du- morial possible and spoke in support of the buque Adams Development, LLC, and The proposed resolution. Mr. Pfeiler provided a Durrant Group, Inc., entered into a Develop- project update and introduced project directors ment Agreement dated for reference purposes 326 Regular Session, August 16, 2010 Book 140 rd MOINES, IOWA, TO SERVE AS PAYING the 23 day of January, 2006 (the Develop- AGENT, BOND REGISTRAR, AND TRANS- ment Agreement); and FER AGENT, APPROVING THE PAYING Whereas, the Development Agreement AGENT AND BOND REGISTRAR AND provided for certain rights, privileges, obliga- TRANSFER AGENT AGREEMENT AND AU- tions and responsibilities of the parties with THORIZING THE EXECUTION OF THE respect to the “Durrant Project” and the “Mul- AGREEMENT tiuse Project” as described therein; and Whereas, pursuant to Section 16.6 of the Whereas, pursuant to the provisions of Development Agreement, all aspects of the Chapter 75 of the Code of Iowa, $4,470,000 Development Agreement related to the Mul-General Obligation Bonds, Series 2010A, tiuse Project were assigned by Port of Dubu-dated the date of delivery, have been sold at que Adams Development, LLC to Port of Du-public sale and action should now be taken to buque New Main Development, LLC, by an provide for the maintenance of records, regis- assignment a copy of which is attached hereto; tration of certificates and payment of principal and and interest in connection with the issuance of Whereas, Port of Dubuque New Main De-the Bonds; and velopment, LLC changed its name to Portside Whereas, this Council has deemed that the Ventures, LLC (Portside); and services offered by Wells Fargo Bank, National Whereas, the Multiuse Project was to be Association of Des Moines, Iowa, are neces- constructed on the following described real sary for compliance with rules, regulations, th property: Lot 1 in Adams Company 4 Addi-and requirements governing the registration, tion, in the City of Dubuque, Iowa, according to transfer and payment of registered Bonds; and the recorded Plat thereof, subject to ease-Whereas, a Paying Agent, Bond Registrar ments and restrictions of record (the “Proper-and Transfer Agent Agreement (hereafter ty”); and "Agreement") has been prepared to be entered Whereas, the Multiuse Project portion of into between the City and Wells Fargo Bank, the Development Agreement has expired ac-National Association. cording to its terms and City desires written NOW, THEREFORE, BE IT RESOLVED confirmation thereof. BY THE CITY OF DUBUQUE, IOWA: NOW, THEREFORE, IT IS AGREED BY Section 1. That Wells Fargo Bank, National AND BETWEEN THE PARTIES AS FOL-Association of Des Moines, Iowa, is hereby LOWS: appointed to serve as Paying Agent, Bond 1. The Acknowledgement of Termina-Registrar and Transfer Agent in connection tion attached hereto is approved. with the issuance of $4,470,000 General Obli- 2. The Mayor is authorized and di-gation Bonds, Series 2010A, dated the date of rected to sign the Acknowledgement of delivery. Termination on behalf of the City of Dubu-Section 2. That the Agreement with Wells que.Fargo Bank, National Association of Des th Passed, approved and adopted this 16 day Moines, Iowa, is hereby approved and that the of August, 2010. Mayor and Clerk are authorized to sign the Roy D. Buol, Mayor Agreement on behalf of the City. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed and approved this 16 day of Au- gust, 2010. General Obligation Bonds – Series 2010A: Roy D. Buol, Mayor City Manager recommending approval of the Attest: Jeanne F. Schneider, CMC, City Clerk final proceedings providing for the issuance of RESOLUTION NO. 317-10 $4,470,000 General Obligation Bonds, Series RESOLUTION AUTHORIZING AND PROVID- 2010A. Upon motion the documents were re- ING FOR THE ISSUANCE OF $4,470,000 ceived and filed and Resolution No. 316-10 GENERAL OBLIGATION BONDS, SERIES Appointing Wells Fargo Bank, National Asso- 2010A, AND LEVYING A TAX TO PAY SAID ciation of Des Moines, Iowa, to serve as Pay- BONDS ment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Whereas, the Issuer is duly incorporated, Registrar and Transfer Agent Agreement and organized and exists under and by virtue of the authorizing the execution of the Agreement; laws and Constitution of the State of Iowa; and and Resolution No. 317-10 Authorizing and Whereas, the Issuer is in need of funds to providing for the issuance of $4,470,000 Gen-pay costs of improvements and extensions to eral Obligation Bonds, Series 2010A, and levy-the municipal sanitary sewer and storm water ing a tax to pay said bonds were adopted. drainage systems; equipping the sanitation and road departments; improving the City air- RESOLUTION NO. 316-10 port grounds and facilities; the acquisition of RESOLUTION APPOINTING WELLS FARGO land and other costs associated with the Bee BANK, NATIONAL ASSOCIATION OF DES Branch storm water project; rehabilitation and Book 140 Regular Session, August 16, 2010 327  improvement of City parks; construction, re- "Current Refunding Portion" construction and repair of sidewalks; im- shall mean $705,000 of the Bonds provement and installation of street lighting being issued to refund the Refunded fixtures, connections and facilities; street im- Bonds. provements, including installation of fiber optic  "Depository Bonds" shall conduit; and refunding and refinancing of cer- mean the Bonds as issued in the form tain outstanding indebtedness of the City, in- of one global certificate for each ma- cluding the General Obligation Bonds, Series turity, registered in the Registration 2002B, dated March 1, 2002, essential corpo- Books maintained by the Registrar in rate purposes, and it is deemed necessary and the name of DTC or its nominee. advisable that General Obligation Bonds to the  "DTC" shall mean The De- amount of not to exceed $4,575,000 be autho- pository Trust Company, New York, rized for said purpose; and New York, a limited purpose trust Whereas, pursuant to notice published as company, or any successor book- required by Section 384.25 of said Code, this entry securities depository appointed Council has held a public meeting and hearing for the Bonds. upon the proposal to institute proceedings for  "Issuer" and "City" shall the issuance of the Bonds, and the Council is mean the City of Dubuque, Iowa. therefore now authorized to proceed with the  "New Money Portion" shall issuance of $4,470,000 of such Bonds; and mean $3,765,000 of the Bonds being Whereas, pursuant to the provisions of issued to pay the costs of improve- Chapter 75 of the Code of Iowa, the above ments and extensions to the munici- mentioned Bonds were heretofore sold at pub- pal sanitary sewer and storm water lic sale and action should now be taken to is- drainage systems; equipping the sa- sue said Bonds conforming to the terms and nitation and road departments; im- conditions of the best bid received at the ad- proving the City airport grounds and vertised public sale. facilities; the acquisition of land and NOW, THEREFORE, BE IT RESOLVED other costs associated with the Bee BY THE COUNCIL OF THE CITY OF DUBU- Branch storm water project; rehabili- QUE, IOWA: tation and improvement of City parks; Section 1. Definitions. The following terms construction, reconstruction and re- shall have the following meanings in this Reso- pair of sidewalks; improvement and lution unless the text expressly or by neces- installation of street lighting fixtures, sary implication requires otherwise: connections and facilities; street im-  "Authorized Denominations" provements, including installation of shall mean $5,000 or any integral fiber optic conduit. multiple thereof.  "Participants" shall mean  "Beneficial Owner" shall those broker-dealers, banks and oth- mean the person in whose name er financial institutions for which DTC such Bond is recorded as the benefi- holds Bonds as securities depository. cial owner of a Bond by a Participant  "Paying Agent" shall mean on the records of such Participant or Wells Fargo Bank, National Associa- such person's subrogee. tion, or such successor as may be  "Bond Fund" shall mean the approved by Issuer as provided here- fund created in Section 3 of this Res- in and who shall carry out the duties olution. prescribed herein as Issuer's agent to  "Bonds" shall mean provide for the payment of principal of $4,470,000 General Obligation and interest on the Bonds as the Bonds, Series 2010A, authorized to same shall become due. be issued by this Resolution.  "Project Fund" shall mean  "Cede & Co." shall mean the fund established under this Reso- Cede & Co., the nominee of DTC, lution for the deposit of the proceeds and any successor nominee of DTC of the Bonds. with respect to the Bonds.  "Rebate Fund" shall mean  "Continuing Disclosure Cer- the fund so defined in and estab- tificate" shall mean that certain Con- lished pursuant to the Tax Exemption tinuing Disclosure Certificate ex- Certificate. ecuted by the Issuer and dated the  "Refunded Bonds" shall date of issuance and delivery of the mean $690,000 of the $1,000,000 Bonds, as originally executed and as General Obligation Bonds, Series it may be amended from time to time 2002B, dated March 1, 2002. in accordance with the terms thereof. 328 Regular Session, August 16, 2010 Book 140  "Registrar" shall mean Wells $280,800 2026/2027 Fargo Bank, National Association of $281,200 2027/2028 Des Moines, Iowa, or such successor $281,200 2028/2029 as may be approved by Issuer as $280,800 2029/2030 provided herein and who shall carry out the duties prescribed herein with (NOTE: For example the levy to respect to maintaining a register of be made and certified against the the owners of the Bonds. Unless oth- taxable valuations of January 1, 2010 erwise specified, the Registrar shall will be collected during the fiscal year also act as Transfer Agent for the commencing July 1, 2011.) Bonds. (b) Resolution to be Filed With  "Representation Letter" shall County Auditor. A certified copy of mean the Blanket Issuer Letter of this Resolution should be filed with Representations executed and deli- the County Auditor of Dubuque Coun- vered by the Issuer to DTC on file ty, State of Iowa, and said Auditor is with DTC. hereby instructed in and for each of  "Resolution" shall mean this the years as provided, to levy and as- resolution authorizing the Bonds. sess the tax hereby authorized in  "Tax Exemption Certificate" Section 2 of this Resolution, in like manner as other taxes are levied and shall mean the Tax Exemption Certif- assessed, and such taxes so levied in icate executed by the Treasurer and and for each of the years aforesaid delivered at the time of issuance and be collected in like manner as other delivery of the Bonds.  taxes of the City are collected, and "Treasurer" shall mean the when collected be used for the pur- Finance Director or such other officer pose of paying principal and interest as shall succeed to the same duties on said Bonds issued in anticipation and responsibilities with respect to of said tax, and for no other purpose the recording and payment of the whatsoever. Bonds issued hereunder. (c) Additional City Funds Availa- Section 2. Levy and Certification of Annual ble. Principal and interest coming due Tax; Other Funds to be Used. at any time when the proceeds of (a) Levy of Annual Tax. That for said tax on hand shall be insufficient the purpose of providing funds to pay to pay the same shall be promptly the principal and interest of the Bonds paid when due from current funds of hereinafter authorized to be issued, the City available for that purpose there is hereby levied for each future and reimbursement shall be made year the following direct annual tax on from such special fund in the all of the taxable property in Dubu- amounts thus advanced. que, Iowa, to-wit: Section 3. Bond Fund. Said tax shall be collected each year at the same time and in FISCAL YEAR the same manner as, and in addition to, all (JULY 1 TO JUNE other taxes in and for the City, and when col- 30) lected they shall be converted into a special YEAR OF COL- fund within the Debt Service Fund to be known AMOUNT LECTION as the "GENERAL OBLIGATION BOND FUND $67,670 2010/2011 2010A" (the "Bond Fund"), which is hereby $336,888 2011/2012 pledged for and shall be used only for the $342,788 2012/2013 payment of the principal of and interest on the $338,488 2013/2014 Bonds hereinafter authorized to be issued; and $344,188 2014/2015 also there shall be apportioned to said fund its $339,688 2015/2016 proportion of taxes received by the City from $339,906 2016/2017 property that is centrally assessed by the State $344,444 2017/2018 of Iowa. $348,144 2018/2019 Section 4. Application of Bond Proceeds – $346,269 2019/2020 New Money Portion. Proceeds of the New $348,619 2020/2021 Money Portion of the Bonds shall be credited $275,669 2021/2022 to the Project Fund and expended therefrom $274,669 2022/2023 for the purposes of issuance. Any amounts on $278,263 2023/2024 hand in the Project Fund shall be available for $276,275 2024/2025 the payment of the principal of or interest on $278,850 2025/2026 the Bonds at any time that other funds shall be Book 140 Regular Session, August 16, 2010 329 insufficient to the purpose, in which event such interest as provided in this Resolution; funds shall be repaid to the Project Fund at the principal, interest and premium, if any, earliest opportunity. Any balance on hand in shall be payable at the office of the Paying the Project Fund and not immediately required Agent by mailing of a check to the regis- for its purposes may be invested not inconsis-tered owner of the Bond. The Bonds shall tent with limitations provided by law or this be in the denomination of $5,000 or mul- Resolution. In addition, $87,439.84 for capita-tiples thereof. The Bonds shall mature and lized interest shall be deposited in the Bond bear interest as follows: Fund. Section 5. Application of Bond Proceeds – Principal Interest Maturity Current Refunding Portion. Proceeds of Cur- Amount Rate June 1st rent Refunding Portion of the Bonds shall be $55,000 2.000% 2011 credited to the Project Fund and expended $205,000 2.000% 2012 therefrom for the purposes of issuance. $215,000 2.000% 2013 Proceeds invested shall mature before the $215,000 2.000% 2014 date on which the moneys are required for $225,000 2.000% 2015 payment of principal and interest on the Re- $225,000 2.125% 2016 funded Bonds. $230,000 2.375% 2017 Section 6. Investments of Bond Fund $240,000 2.625% 2018 Proceeds. All moneys held in the Bond Fund, $250,000 2.750% 2019 provided for by Section 3 of this Resolution $255,000 3.000% 2020 shall be invested in investments permitted by $265,000 3.000% 2021 Chapter 12B, Code of Iowa, 2009 (formerly $200,000 3.000% 2022 Chapter 452, Code of Iowa, as amended) or $205,000 3.125% 2023 deposited in financial institutions which are $215,000 3.250% 2024 members of the Federal Deposit Insurance $220,000 3.375% 2025 Corporation and the deposits in which are in- $230,000 3.500% 2026 sured thereby and all such deposits exceeding $240,000 4.000% 2027 the maximum amount insured from time to $250,000 4.000% 2028 time by FDIC or its equivalent successor in $260,000 4.000% 2029 any one financial institution shall be conti- nuously secured in compliance with the State $270,000 4.000% 2030 Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or oth- (b) Redemption. Bonds maturing af- erwise by a valid pledge of direct obligations of ter June 1, 2017 may be called for re- the United States Government having an demption by the Issuer and paid before equivalent market value. All such interim in- maturity on said date or any date the- vestments shall mature before the date on reafter, from any funds regardless of which the moneys are required for payment of source, in whole or from time to time in principal of or interest on the Bonds as herein part, in any order of maturity and within provided. an annual maturity by lot. The terms of Section 7. Bond Details, Execution and redemption shall be par, plus accrued Redemption. interest to date of call. (a) Bond Details. General Obligation Thirty days' notice of redemption Bonds of the City in the amount of shall be given by first class mail to the $4,470,000, shall be issued pursuant to the registered owner of the Bond. Failure to provisions of Section 384.25 of the City give such notice by mail to any regis- Code of Iowa for the aforesaid purpose. tered owner of the Bonds or any defect The Bonds shall be designated "GENERAL therein shall not affect the validity of OBLIGATION BOND, SERIES 2010A", be any proceedings for the redemption of dated the date of delivery, and bear inter- the Bonds. All bonds or portions thereof est from the date thereof, until payment called for redemption will cease to bear thereof, at the office of the Paying Agent, interest after the specified redemption said interest payable on June 1, 2011, and date, provided funds for their redemp- st semiannually thereafter on the 1 day of tion are on deposit at the place of pay- June and December in each year until ma- ment. turity at the rates hereinafter provided. If selection by lot within a maturity is The Bonds shall be executed by the required, the Registrar shall designate manual or facsimile signature of the Mayor the bonds to be redeemed by random and attested by the manual or facsimile selection of the names of the registered signature of the Clerk, and impressed or owners of the entire annual maturity printed with the seal of the City and shall until the total amount of bonds to be be fully registered as to both principal and called has been reached. 330 Regular Session, August 16, 2010 Book 140 Section 8. Issuance of Bonds in Book-the Bondholders as shown on the Registra- Entry Form; Replacement Bonds. tion Books, and all such payments shall be (a) Notwithstanding the other provi-valid and effective to fully satisfy and dis- sions of this Resolution regarding regis-charge the Issuer's obligations with respect tration, ownership, transfer, payment to the principal of, premium, if any, and in- and exchange of the Bonds, unless the terest on the Bonds to the extent so paid. Issuer determines to permit the ex-Notwithstanding the provisions of this Res- change of Depository Bonds for Bonds olution to the contrary (including without li- in the Authorized Denominations, the mitation those provisions relating to the Bonds shall be issued as Depository surrender of Bonds, registration thereof, Bonds in denominations of the entire and issuance in Authorized Denomina- principal amount of each maturity of tions), as long as the Bonds are Depository Bonds (or, if a portion of said principal Bonds, full effect shall be given to the Re- amount is prepaid, said principal presentation Letter and the procedures and amount less the prepaid amount); and practices of DTC thereunder, and the Pay- such Depository Bonds shall be regis-ing Agent shall comply therewith. tered in the name of Cede & Co., as (c) Upon (i) a determination by the Is- nominee of DTC. Payment of semi-suer that DTC is no longer able to carry out annual interest for any Depository Bond its functions or is otherwise determined un- shall be made by wire transfer or New satisfactory, or (ii) a determination by DTC York Clearing House or equivalent next that the Bonds are no longer eligible for its day funds to the account of Cede & Co. depository services or (iii) a determination on the interest payment date for the by the Paying Agent that DTC has re- Bonds at the address indicated in or signed or discontinued its services for the pursuant to the Representation Letter. Bonds, if such substitution is authorized by (b) With respect to Depository Bonds, law, the Issuer shall (A) designate a satis- neither the Issuer nor the Paying Agent factory substitute depository as set forth shall have any responsibility or obligation below or, if a satisfactory substitute is not to any Participant or to any Beneficial found, (B) provide for the exchange of De- Owner. Without limiting the immediately pository Bonds for replacement Bonds in preceding sentence, neither the Issuer nor Authorized Denominations. the Paying Agent shall have any responsi-(d) To the extent authorized by law, if bility or obligation with respect to (i) the ac-the Issuer determines to provide for the curacy of the records of DTC or its nomi-exchange of Depository Bonds for Bonds nee or of any Participant with respect to in Authorized Denominations, the Issuer any ownership interest in the Bonds, (ii) the shall so notify the Paying Agent and shall delivery to any Participant, any Beneficial provide the Registrar with a supply of ex- Owner or any other person, other than ecuted unauthenticated Bonds to be so ex- DTC or its nominee, of any notice with re-changed. The Registrar shall thereupon spect to the Bonds, (iii) the payment to any notify the owners of the Bonds and provide Participant, any Beneficial Owner or any for such exchange, and to the extent that other person, other than DTC or its nomi-the Beneficial Owners are designated as nee, of any amount with respect to the the transferee by the owners, the Bonds principal of, premium, if any, or interest on will be delivered in appropriate form, con- the Bonds, or (iv) the failure of DTC to pro-tent and Authorized Denominations to the vide any information or notification on be-Beneficial Owners, as their interests ap- half of any Participant or Beneficial Owner. pear. The Issuer and the Paying Agent may (e) Any substitute depository shall be treat DTC or its nominee as, and deem designated in writing by the Issuer to the DTC or its nominee to be, the absolute Paying Agent. Any such substitute deposi- owner of each Bond for the purpose of tory shall be a qualified and registered payment of the principal of, premium, if "clearing agency" as provided in Section any, and interest on such Bond, for the 17A of the Securities Exchange Act of purpose of all other matters with respect to 1934, as amended. The substitute deposi- such Bond, for the purpose of registering tory shall provide for (i) immobilization of transfers with respect to such Bonds, and the Depository Bonds, (ii) registration and for all other purposes whatsoever (except transfer of interests in Depository Bonds by for the giving of certain Bond holder con-book entries made on records of the depo- sents, in accordance with the practices and sitory or its nominee and (iii) payment of procedures of DTC as may be applicable principal of, premium, if any, and interest thereto). The Paying Agent shall pay all on the Bonds in accordance with and as principal of, premium, if any, and interest such interests may appear with respect to on the Bonds only to or upon the order of such book entries. Book 140 Regular Session, August 16, 2010 331 Section 9. Registration of Bonds; Appoint-tration Books of the Registrar shall be ment of Registrar; Transfer; Ownership; Deli-deemed and regarded as the absolute very; and Cancellation. owner thereof for all purposes, and pay- (a) Registration. The ownership of ment of or on account of the principal of Bonds may be transferred only by the mak-any such Bonds and the premium, if any, ing of an entry upon the books kept for the and interest thereon shall be made only to registration and transfer of ownership of or upon the order of the registered owner the Bonds, and in no other way. Wells Far-thereof or his legal representative. All such go Bank, National Association is hereby payments shall be valid and effectual to sa- appointed as Bond Registrar under the tisfy and discharge the liability upon such terms of this Resolution and under the pro-Bond, including the interest thereon, to the visions of a separate agreement with the extent of the sum or sums so paid. Issuer filed herewith which is made a part (e) Cancellation. All Bonds which have hereof by this reference. Registrar shall been redeemed shall not be reissued but maintain the books of the Issuer for the shall be cancelled by the Registrar. All registration of ownership of the Bonds for Bonds which are cancelled by the Regi- the payment of principal of and interest on strar shall be destroyed and a certificate of the Bonds as provided in this Resolution. the destruction thereof shall be furnished All Bonds shall be negotiable as provided promptly to the Issuer; provided that if the in Article 8 of the Uniform Commercial Issuer shall so direct, the Registrar shall Code and Section 384.31 of the Code of forward the cancelled Bonds to the Issuer. Iowa, subject to the provisions for registra-(f) Non-Presentment of Bonds. In the tion and transfer contained in the Bonds event any payment check representing and in this Resolution. payment of principal of or interest on the (b) Transfer. The ownership of any Bonds is returned to the Paying Agent or if Bond may be transferred only upon the any bond is not presented for payment of Registration Books kept for the registration principal at the maturity or redemption and transfer of Bonds and only upon sur-date, if funds sufficient to pay such princip- render thereof at the office of the Registrar al of or interest on Bonds shall have been together with an assignment duly executed made available to the Paying Agent for the by the holder or his duly authorized attor-benefit of the owner thereof, all liability of ney in fact in such form as shall be satis-the Issuer to the owner thereof for such in- factory to the Registrar, along with the ad-terest or payment of such Bonds shall dress and social security number or federal forthwith cease, terminate and be com- employer identification number of such pletely discharged, and thereupon it shall transferee (or, if registration is to be made be the duty of the Paying Agent to hold in the name of multiple individuals, of all such funds, without liability for interest such transferees). In the event that the ad-thereon, for the benefit of the owner of dress of the registered owner of a Bond such Bonds who shall thereafter be re- (other than a registered owner which is the stricted exclusively to such funds for any nominee of the broker or dealer in ques-claim of whatever nature on his part under tion) is that of a broker or dealer, there this Resolution or on, or with respect to, must be disclosed on the Registration such interest or Bonds. The Paying Agent's Books the information pertaining to the reg-obligation to hold such funds shall continue istered owner required above. Upon the for a period equal to two years and six transfer of any such Bond, a new fully reg-months following the date on which such istered Bond, of any denomination or de-interest or principal became due, whether nominations permitted by this Resolution in at maturity, or at the date fixed for redemp- aggregate principal amount equal to the tion thereof, or otherwise, at which time the unmatured and unredeemed principal Paying Agent, shall surrender any remain- amount of such transferred fully registered ing funds so held to the Issuer, whereupon Bond, and bearing interest at the same any claim under this Resolution by the rate and maturing on the same date or Owners of such interest or Bonds of what- dates shall be delivered by the Registrar. ever nature shall be made upon the Issuer. (c) Registration of Transferred Bonds. (g) Registration and Transfer Fees. The In all cases of the transfer of the Bonds, Registrar may furnish to each owner, at the the Registrar shall register, at the earliest Issuer's expense, one bond for each an- practicable time, on the Registration nual maturity. The Registrar shall furnish Books, the Bonds, in accordance with the additional bonds in lesser denominations provisions of this Resolution. (but not less than the minimum denomina- (d) Ownership. As to any Bond, the tion) to an owner who so requests. person in whose name the ownership of Section 10. Reissuance of Mutilated, De- the same shall be registered on the Regis-stroyed, Stolen or Lost Bonds. In case any 332 Regular Session, August 16, 2010 Book 140 outstanding Bond shall become mutilated or the validity and legality of all the Bonds be destroyed, stolen or lost, the Issuer shall at proposed to be issued. the request of Registrar authenticate and de-Section 13. Right to Name Substitute Pay- liver a new Bond of like tenor and amount as ing Agent or Registrar. Issuer reserves the the Bond so mutilated, destroyed, stolen or right to name a substitute, successor Registrar lost, in exchange and substitution for such or Paying Agent upon giving prompt written mutilated Bond to Registrar, upon surrender of notice to each registered bondholder. such mutilated Bond, or in lieu of and substitu-Section 14. Form of Bond. Bonds shall be tion for the Bond destroyed, stolen or lost, printed in substantial compliance with stan- upon filing with the Registrar evidence satis-dards proposed by the American Standards factory to the Registrar and Issuer that such Institute substantially in the form as [provided]. Bond has been destroyed, stolen or lost and Section 15. Contract Between Issuer and proof of ownership thereof, and upon furnish-Purchaser. This Resolution constitutes a con- ing the Registrar and Issuer with satisfactory tract between said City and the purchaser of indemnity and complying with such other rea-the Bonds. sonable regulations as the Issuer or its agent Section 16. Non-Arbitrage Covenants. The may prescribe and paying such expenses as Issuer reasonably expects and covenants that the Issuer may incur in connection therewith. no use will be made of the proceeds from the Section 11. Record Date. Payments of issuance and sale of the Bonds issued he- principal and interest, otherwise than upon full reunder which will cause any of the Bonds to redemption, made in respect of any Bond, be classified as arbitrage bonds within the shall be made to the registered holder thereof meaning of Sections 148(a) and (b) of the In- or to their designated agent as the same ap-ternal Revenue Code of the United States, as pear on the books of the Registrar on the 15th amended, and that throughout the term of the day preceding the payment date. All such Bonds it will comply with the requirements of payments shall fully discharge the obligations statutes and regulations issued thereunder. of the Issuer in respect of such Bonds to the To the best knowledge and belief of the Is- extent of the payments so made. Payment of suer, there are no facts or circumstances that principal shall only be made upon surrender of would materially change the foregoing state- the Bond to the Paying Agent. ments or the conclusion that it is not expected Section 12. Execution, Authentication and that the proceeds of the Bonds will be used in Delivery of the Bonds. Upon the adoption of a manner that would cause the Bonds to be this Resolution, the Mayor and Clerk shall ex-arbitrage bonds. Without limiting the generality ecute and deliver the Bonds to the Registrar, of the foregoing, the Issuer hereby agrees to who shall authenticate the Bonds and deliver comply with the provisions of the Tax Exemp- the same to or upon order of the Purchaser. tion Certificate and the provisions of the Tax No Bond shall be valid or obligatory for any Exemption Certificate are hereby incorporated purpose or shall be entitled to any right or by reference as part of this Resolution. The benefit hereunder unless the Registrar shall Treasurer is hereby directed to make and in- duly endorse and execute on such Bond a sert all calculations and determinations neces- Certificate of Authentication substantially in the sary to complete the Tax Exemption Certificate form of the Certificate herein set forth. Such in all respects and to execute and deliver the Certificate upon any Bond executed on behalf Tax Exemption Certificate at issuance of the of the Issuer shall be conclusive evidence that Bonds to certify as to the reasonable expecta- the Bond so authenticated has been duly is-tions and covenants of the Issuer at that date. sued under this Resolution and that the holder Section 17. Additional Covenants, Repre- thereof is entitled to the benefits of this Reso-sentations and Warranties of the Issuer. The lution. Issuer certifies and covenants with the pur- No Bonds shall be authenticated and deli-chasers and holders of the Bonds from time to vered by the Registrar unless and until there time outstanding that the Issuer through its shall have been provided the following: officers, (a) will make such further specific 1. A certified copy of the Resolution of covenants, representations and assurances as Issuer authorizing the issuance of the may be necessary or advisable; (b) comply Bonds; with all representations, covenants and assur- 2. A written order of Issuer signed by ances contained in the Tax Exemption Certifi- the Treasurer of the Issuer directing the cate, which Tax Exemption Certificate shall authentication and delivery of the Bonds to constitute a part of the contract between the or upon the order of the Purchaser upon Issuer and the owners of the Bonds;(c) consult payment of the purchase price as set forth with bond counsel (as defined in the Tax Ex- therein; emption Certificate); (d) pay to the United 3. The approving opinion of Ahlers & States, as necessary, such sums of money Cooney, P.C., Bond Counsel, concerning representing required rebates of excess arbi- trage profits relating to the Bonds;(e) file such Book 140 Regular Session, August 16, 2010 333 forms, statements and supporting documents No. 318-10 Appointing Wells Fargo Bank, Na- as may be required and in a timely manner; tional Association of Des Moines, Iowa, to and (f) if deemed necessary or advisable by its serve as Payment Agent, Bond Registrar and officers, to employ and pay fiscal agents, fi-Transfer Agent, approving the Paying Agent nancial advisors, attorneys and other persons and Bond Registrar and Transfer Agent to assist the Issuer in such compliance. Agreement and authorizing the execution of Section 18. Amendment of Resolution to the Agreement; and Resolution No. 319-10 Maintain Tax Exemption. This Resolution may Authorizing and providing for the issuance of be amended without the consent of any owner $2,675,000 Taxable General Obligation Urban of the Bonds if, in the opinion of bond counsel, Renewal Bonds, Series 2010B and levying a such amendment is necessary to maintain tax tax to pay said bonds were adopted. exemption with respect to the Bonds under RESOLUTION NO. 318-10 applicable Federal law or regulations. RESOLUTION APPOINTING WELLS FARGO Section 19. Continuing Disclosure. The Is- BANK, NATIONAL ASSOCIATION OF DES suer hereby covenants and agrees that it will MOINES, IOWA, TO SERVE AS PAYING comply with and carry out all of the provisions AGENT, BOND REGISTRAR, AND TRANS- of the Continuing Disclosure Certificate, and FER AGENT, APPROVING THE PAYING the provisions of the Continuing Disclosure AGENT AND BOND REGISTRAR AND Certificate are hereby incorporated by refer- TRANSFER AGENT AGREEMENT AND AU- ence as part of this Resolution and made a THORIZING THE EXECUTION OF THE part hereof. Notwithstanding any other provi- AGREEMENT sion of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certifi-Whereas, pursuant to the provisions of cate shall not be considered an event of de-Chapter 75 of the Code of Iowa, $2,675,000 fault under this Resolution; however, any hold-Taxable General Obligation Urban Renewal er of the Bonds or Beneficial Owner may take Bonds, Series 2010B, dated the date of deli- such actions as may be necessary and appro-very, have been sold at public sale and action priate, including seeking specific performance should now be taken to provide for the main- by court order, to cause the Issuer to comply tenance of records, registration of certificates with its obligations under the Continuing Dis-and payment of principal and interest in con- closure Certificate. For purposes of this sec-nection with the issuance of the Bonds; and tion, "Beneficial Owner" means any person Whereas, this Council has deemed that the which (a) has the power, directly or indirectly, services offered by Wells Fargo Bank, National to vote or consent with respect to, or to dis-Association of Des Moines, Iowa, are neces- pose of ownership of, any Bond (including sary for compliance with rules, regulations, persons holding Bonds through nominees, and requirements governing the registration, depositories or other intermediaries), or (b) is transfer and payment of registered Bonds; and treated as the owner of any Bonds for federal Whereas, a Paying Agent, Bond Registrar income tax purposes. and Transfer Agent Agreement (hereafter Section 20. Severability Clause. If any sec-"Agreement") has been prepared to be entered tion, paragraph, clause or provision of this into between the City and Wells Fargo Bank, Resolution be held invalid, such invalidity shall National Association. not affect any of the remaining provisions he-NOW, THEREFORE, BE IT RESOLVED reof, and this Resolution shall become effec-BY THE CITY OF DUBUQUE, IOWA: tive immediately upon its passage and ap-Section 1. That Wells Fargo Bank, National proval. Association of Des Moines, Iowa, is hereby Section 21. Repeal of Conflicting Resolu-appointed to serve as Paying Agent, Bond tions or Ordinances. That all ordinances and Registrar and Transfer Agent in connection resolutions and parts of ordinances and reso-with the issuance of $2,675,000 Taxable Gen- lutions in conflict herewith are hereby re-eral Obligation Urban Renewal Bonds, Series pealed. 2010B, dated the date of delivery. th Passed and approved this 16 day of Au-Section 2. That the Agreement with Wells gust, 2010. Fargo Bank, National Association of Des Roy D. Buol, Mayor Moines, Iowa, is hereby approved and that the Attest: Jeanne F. Schneider, CMC, City Clerk Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Taxable General Obligation Urban Renew-Passed and approved this 16th day of Au- al Bonds – Series 2010B: City Manager re-gust, 2010. commending approval of the final proceedings Roy D. Buol, Mayor providing for the issuance of $2,675,000 Tax-Attest: Jeanne F. Schneider, CMC, City Clerk able General Obligation Urban Renewal Bonds, Series 2010B. Upon motion the docu- ments were received and filed and Resolution 334 Regular Session, August 16, 2010 Book 140 RESOLUTION NO. 319-10 QUE, IOWA: RESOLUTION AUTHORIZING AND PROVID- Section 1. Definitions. The following terms ING FOR THE ISSUANCE OF $2,675,000 shall have the following meanings in this Reso- TAXABLE GENERAL OBLIGATION URBAN lution unless the text expressly or by neces- RENEWAL BONDS, SERIES 2010B, AND sary implication requires otherwise: LEVYING A TAX TO PAY SAID BONDS  "Authorized Denominations" shall Whereas, the Issuer is duly incorporated, mean $5,000 or any integral multiple organized and exists under and by virtue of the thereof. laws and Constitution of the State of Iowa; and  "Beneficial Owner" shall mean Whereas, the Issuer is in need of funds to the person in whose name such Bond pay costs of aiding in the planning, undertak- is recorded as the beneficial owner of ing and carrying out of urban renewal project a Bond by a Participant on the activities under the authority of Chapter 403 of records of such Participant or such the Code of Iowa and the Amended and Res- person's subrogee. tated Urban Renewal Plan for the Greater  "Bond Fund" shall mean the fund Downtown Urban Renewal Area, including created in Section 3 of this Resolu- those costs associated with construction of tion. parking improvements and landscape projects  "Bonds" shall mean $2,675,000 within the Greater Downtown Urban Renewal Taxable General Obligation Urban Area; and aiding in the planning, undertaking Renewal Bonds, Series 2010B, au- and carrying out of urban renewal project ac- thorized to be issued by this Resolu- tivities under the authority of Chapter 403 of tion. the Code of Iowa and the Amended and Res-  "Cede & Co." shall mean Cede & tated Urban Renewal Plan for the Greater Co., the nominee of DTC, and any Downtown Urban Renewal Area, including successor nominee of DTC with re- those costs associated with the construction of spect to the Bonds. street, stormwater, sanitary sewer, water, fiber  "Continuing Disclosure Certifi- optic, parking and other public improvements cate" shall mean that certain Continu- in the Historic Millwork District, and the funding ing Disclosure Certificate executed by of grants, loans and other financial assistance the Issuer and dated the date of is- to private developers to assist in rehabilitation suance and delivery of the Bonds, as of existing buildings and construction of hous- originally executed and as it may be ing development projects in the Millwork Dis- amended from time to time in accor- trict, an urban renewal purpose project, and it dance with the terms thereof. is deemed necessary and advisable that the  "Depository Bonds" shall mean City issue Taxable General Obligation Urban the Bonds as issued in the form of Renewal Bonds, Series 2010B, for such pur- one global certificate for each maturi- pose to the amount of not to exceed ty, registered in the Registration $3,000,000 as authorized by Sections 403.12 Books maintained by the Registrar in and 384.24(3)(q) of the City Code of Iowa; and the name of DTC or its nominee. Whereas, pursuant to notice published as  "DTC" shall mean The Deposito- required by Sections 403.12 and 384.24(3)(q) ry Trust Company, New York, New this Council has held a public meeting and York, a limited purpose trust compa- hearing upon the proposal to institute proceed- ny, or any successor book-entry se- ings for the issuance of the Bonds, and all curities depository appointed for the objections, if any, to such Council action made Bonds. by any resident or property owner of the City  "Issuer" and "City" shall mean were received and considered by the Council; the City of Dubuque, Iowa. and no petition having been filed, it is the deci-  "Participants" shall mean those sion of the Council that additional action be broker-dealers, banks and other fi- taken for the issuance of the $2,675,000 of nancial institutions for which DTC such Bonds, and that such action is consi- holds Bonds as securities depository. dered to be in the best interests of the City and  "Paying Agent" shall mean Wells the residents thereof; and Fargo Bank, National Association, or Whereas, pursuant to the provisions of such successor as may be approved Chapter 75 of the Code of Iowa, the above by Issuer as provided herein and who mentioned Bonds were heretofore sold at pub- shall carry out the duties prescribed lic sale and action should now be taken to is- herein as Issuer's agent to provide for sue said Bonds conforming to the terms and the payment of principal of and inter- conditions of the best bid received at the ad- est on the Bonds as the same shall vertised public sale: become due. NOW, THEREFORE, BE IT RESOLVED  "Project Fund" shall mean the BY THE COUNCIL OF THE CITY OF DUBU- Book 140 Regular Session, August 16, 2010 335 fund required to be established by (NOTE: For example the levy to be this Resolution for the deposit of the made and certified against the taxable val- proceeds of the Bonds. uations of January 1, 2010 will be collected  during the fiscal year commencing July 1, "Registrar" shall mean Wells 2011.) Fargo Bank, National Association of (b) Resolution to be Filed With County Des Moines, Iowa, or such successor Auditor. A certified copy of this Resolution as may be approved by Issuer as should be filed with the County Auditor of provided herein and who shall carry Dubuque County, State of Iowa, and said out the duties prescribed herein with Auditor is hereby instructed in and for each respect to maintaining a register of of the years as provided, to levy and as- the owners of the Bonds. Unless oth- sess the tax hereby authorized in Section 2 erwise specified, the Registrar shall of this Resolution, in like manner as other also act as Transfer Agent for the taxes are levied and assessed, and such Bonds. taxes so levied in and for each of the years  "Representation Letter" shall aforesaid be collected in like manner as mean the Blanket Issuer Letter of other taxes of the City are collected, and Representations executed and deli- when collected be used for the purpose of vered by the Issuer to DTC on file paying principal and interest on said Bonds with DTC. issued in anticipation of said tax, and for no  "Resolution" shall mean this res- other purpose whatsoever. olution authorizing the Bonds. (c) Additional City Funds Available.  "Treasurer" shall mean the Principal and interest coming due at any Finance Director or such other officer time when the proceeds of said tax on as shall succeed to the same duties hand shall be insufficient to pay the same and responsibilities with respect to shall be promptly paid when due from cur- the recording and payment of the rent funds of the City available for that pur- Bonds issued hereunder. pose and reimbursement shall be made Section 2. Levy and Certification of Annual from such special fund in the amounts thus Tax; Other Funds to be Used. advanced. (a) Levy of Annual Tax. That for Section 3. Bond Fund. Said tax shall be the purpose of providing funds to pay the collected each year at the same time and in principal and interest of the Bonds herei- the same manner as, and in addition to, all nafter authorized to be issued, there is he- other taxes in and for the City, and when col- reby levied for each future year the follow- lected they shall be converted into a special ing direct annual tax on all of the taxable fund within the Debt Service Fund to be known property in Dubuque, Iowa, to-wit: as the "TAXABLE GENERAL OBLIGATION FISCAL YEAR URBAN RENEWAL BOND FUND 2010B" (the (JULY 1 TO JUNE "Bond Fund"), which is hereby pledged for and 30) shall be used only for the payment of the prin- YEAR OF COL- cipal of and interest on the Bonds hereinafter AMOUNT LECTION authorized to be issued; and also there shall $82,953 2010/2011 be apportioned to said fund its proportion of $200,196 2011/2012 taxes received by the City from property that is $199,296 2012/2013 centrally assessed by the State of Iowa. $202,946 2013/2014 Section 4. Application of Bond Proceeds. $201,165 2014/2015 Proceeds of the Bonds, other than capitalized $204,028 2015/2016 interest as provided below, shall be credited to $206,428 2016/2017 the Project Fund and expended therefrom for $208,225 2017/2018 the purposes of issuance. Any amounts on $209,485 2018/2019 hand in the Project Fund shall be available for $215,288 2019/2020 the payment of the principal of or interest on $215,350 2020/2021 the Bonds at any time that other funds shall be $219,955 2021/2022 insufficient to the purpose, in which event such $218,865 2022/2023 funds shall be repaid to the Project Fund at the $222,340 2023/2024 earliest opportunity. Any balance on hand in the Project Fund and not immediately required $225,133 2024/2025 for its purposes may be invested not inconsis- $232,213 2025/2026 tent with limitations provided by law or this $233,393 2026/2027 Resolution. Capitalized interest, in the amount $233,893 2027/2028 of $82,953.29 shall be deposited in the Bond $238,593 2028/2029 Fund. $242,305 2029/2030 336 Regular Session, August 16, 2010 Book 140 Section 5. Investments of Bond Fund $105,000 3.050% 2017 Proceeds. All moneys held in the Bond Fund, $110,000 3.400% 2018 provided for by Section 3 of this Resolution $115,000 3.650% 2019 shall be invested in investments permitted by $125,000 3.950% 2020 Chapter 12B, Code of Iowa, 2009 (formerly $130,000 4.150% 2021 Chapter 452, Code of Iowa, as amended) or $140,000 4.350% 2022 deposited in financial institutions which are $145,000 4.500% 2023 members of the Federal Deposit Insurance $155,000 4.650% 2024 Corporation and the deposits in which are in- $165,000 4.800% 2025 sured thereby and all such deposits exceeding $180,000 4.900% 2026 the maximum amount insured from time to $190,000 5.000% 2027 time by FDIC or its equivalent successor in $200,000 5.150% 2028 any one financial institution shall be conti- $215,000 5.250% 2029 nuously secured in compliance with the State $230,000 5.350% 2030 Sinking Fund provided under Chapter 12C of the Code of Iowa, 2009, as amended or oth- (b) Redemption. Bonds maturing af- erwise by a valid pledge of direct obligations of ter June 1, 2017 may be called for re- the United States Government having an demption by the Issuer and paid before equivalent market value. All such interim in- maturity on said date or any date the- vestments shall mature before the date on reafter, from any funds regardless of which the moneys are required for payment of source, in whole or from time to time in principal of or interest on the Bonds as herein part, in any order of maturity and within provided. an annual maturity by lot. The terms of Section 6. Bond Details, Execution and redemption shall be par, plus accrued Redemption. interest to date of call. (a) Bond Details. Taxable General Ob- Thirty days' notice of redemption ligation Urban Renewal Bonds of the City shall be given by first class mail to the in the amount of $2,675,000, shall be is- registered owner of the Bond. Failure to sued pursuant to the provisions of Section give such notice by mail to any regis- 403.12 of the City Code of Iowa for the afo- tered owner of the Bonds or any defect resaid purpose. The Bonds shall be desig- therein shall not affect the validity of nated "TAXABLE GENERAL OBLIGATION any proceedings for the redemption of URBAN RENEWAL BOND, SERIES the Bonds. All bonds or portions thereof 2010B", be dated the date of delivery, and called for redemption will cease to bear bear interest from the date thereof, until interest after the specified redemption payment thereof, at the office of the Paying date, provided funds for their redemp- Agent, said interest payable on June 1, tion are on deposit at the place of pay- 2011, and semiannually thereafter on the ment. st 1 day of June in each year until maturity If selection by lot within a maturity is at the rates hereinafter provided. required, the Registrar shall designate The Bonds shall be executed by the the bonds to be redeemed by random manual or facsimile signature of the Mayor selection of the names of the registered and attested by the manual or facsimile owners of the entire annual maturity signature of the Clerk, and impressed or until the total amount of bonds to be printed with the seal of the City and shall called has been reached. be fully registered as to both principal and Section 7. Issuance of Bonds in Book- interest as provided in this Resolution; Entry Form; Replacement Bonds. principal, interest and premium, if any, (a) Notwithstanding the other provi- shall be payable at the office of the Paying sions of this Resolution regarding regis- Agent by mailing of a check to the regis- tration, ownership, transfer, payment tered owner of the Bond. The Bonds shall and exchange of the Bonds, unless the be in the denomination of $5,000 or mul- Issuer determines to permit the ex- tiples thereof. The Bonds shall mature and change of Depository Bonds for Bonds bear interest as follows: in the Authorized Denominations, the Bonds shall be issued as Depository Principal Interest Maturity Bonds in denominations of the entire Amount Rate June 1st principal amount of each maturity of $90,000 1.000% 2012 Bonds (or, if a portion of said principal $90,000 1.500% 2013 amount is prepaid, said principal $95,000 1.875% 2014 amount less the prepaid amount); and $95,000 2.250% 2015 such Depository Bonds shall be regis- $100,000 2.600% 2016 tered in the name of Cede & Co., as Book 140 Regular Session, August 16, 2010 337 nominee of DTC. Payment of semi-be given to the Representation Letter annual interest for any Depository Bond and the procedures and practices of shall be made by wire transfer or New DTC thereunder, and the Paying Agent York Clearing House or equivalent next shall comply therewith. day funds to the account of Cede & Co. (c) Upon (i) a determination by the on the interest payment date for the Issuer that DTC is no longer able to Bonds at the address indicated in or carry out its functions or is otherwise pursuant to the Representation Letter. determined unsatisfactory, or (ii) a de- (b) With respect to Depository termination by DTC that the Bonds are Bonds, neither the Issuer nor the Pay-no longer eligible for its depository ser- ing Agent shall have any responsibility vices or (iii) a determination by the Pay- or obligation to any Participant or to ing Agent that DTC has resigned or any Beneficial Owner. Without limiting discontinued its services for the Bonds, the immediately preceding sentence, if such substitution is authorized by law, neither the Issuer nor the Paying Agent the Issuer shall (A) designate a satis- shall have any responsibility or obliga-factory substitute depository as set tion with respect to (i) the accuracy of forth below or, if a satisfactory substi- the records of DTC or its nominee or of tute is not found, (B) provide for the ex- any Participant with respect to any change of Depository Bonds for re- ownership interest in the Bonds, (ii) the placement Bonds in Authorized Deno- delivery to any Participant, any Benefi-minations. cial Owner or any other person, other (d) To the extent authorized by law, than DTC or its nominee, of any notice if the Issuer determines to provide for with respect to the Bonds, (iii) the pay-the exchange of Depository Bonds for ment to any Participant, any Beneficial Bonds in Authorized Denominations, Owner or any other person, other than the Issuer shall so notify the Paying DTC or its nominee, of any amount with Agent and shall provide the Registrar respect to the principal of, premium, if with a supply of executed unauthenti- any, or interest on the Bonds, or (iv) the cated Bonds to be so exchanged. The failure of DTC to provide any informa-Registrar shall thereupon notify the tion or notification on behalf of any Par-owners of the Bonds and provide for ticipant or Beneficial Owner. such exchange, and to the extent that The Issuer and the Paying Agent the Beneficial Owners are designated may treat DTC or its nominee as, and as the transferee by the owners, the deem DTC or its nominee to be, the Bonds will be delivered in appropriate absolute owner of each Bond for the form, content and Authorized Denomi- purpose of payment of the principal of, nations to the Beneficial Owners, as premium, if any, and interest on such their interests appear. Bond, for the purpose of all other mat-(e) Any substitute depository shall ters with respect to such Bond, for the be designated in writing by the Issuer purpose of registering transfers with re-to the Paying Agent. Any such substi- spect to such Bonds, and for all other tute depository shall be a qualified and purposes whatsoever (except for the registered "clearing agency" as pro- giving of certain Bond holder consents, vided in Section 17A of the Securities in accordance with the practices and Exchange Act of 1934, as amended. procedures of DTC as may be applica-The substitute depository shall provide ble thereto). The Paying Agent shall for (i) immobilization of the Depository pay all principal of, premium, if any, Bonds, (ii) registration and transfer of and interest on the Bonds only to or interests in Depository Bonds by book upon the order of the Bondholders as entries made on records of the deposi- shown on the Registration Books, and tory or its nominee and (iii) payment of all such payments shall be valid and ef-principal of, premium, if any, and inter- fective to fully satisfy and discharge the est on the Bonds in accordance with Issuer's obligations with respect to the and as such interests may appear with principal of, premium, if any, and inter-respect to such book entries. est on the Bonds to the extent so paid. Section 8. Registration of Bonds; Appoint- Notwithstanding the provisions of this ment of Registrar; Transfer; Ownership; Deli- Resolution to the contrary (including very; and Cancellation. without limitation those provisions relat-(a) Registration. The ownership of ing to the surrender of Bonds, registra-Bonds may be transferred only by the mak- tion thereof, and issuance in Authorized ing of an entry upon the books kept for the Denominations), as long as the Bonds registration and transfer of ownership of are Depository Bonds, full effect shall the Bonds, and in no other way. Wells Far- 338 Regular Session, August 16, 2010 Book 140 go Bank, National Association is hereby payments shall be valid and effectual to sa- appointed as Bond Registrar under the tisfy and discharge the liability upon such terms of this Resolution and under the pro-Bond, including the interest thereon, to the visions of a separate agreement with the extent of the sum or sums so paid. Issuer filed herewith which is made a part (e) Cancellation. All Bonds which have hereof by this reference. Registrar shall been redeemed shall not be reissued but maintain the books of the Issuer for the shall be cancelled by the Registrar. All registration of ownership of the Bonds for Bonds which are cancelled by the Regi- the payment of principal of and interest on strar shall be destroyed and a certificate of the Bonds as provided in this Resolution. the destruction thereof shall be furnished All Bonds shall be negotiable as provided promptly to the Issuer; provided that if the in Article 8 of the Uniform Commercial Issuer shall so direct, the Registrar shall Code and Section 384.31 of the Code of forward the cancelled Bonds to the Issuer. Iowa, subject to the provisions for registra-(f) Non-Presentment of Bonds. In the tion and transfer contained in the Bonds event any payment check representing and in this Resolution. payment of principal of or interest on the (b) Transfer. The ownership of any Bonds is returned to the Paying Agent or if Bond may be transferred only upon the any bond is not presented for payment of Registration Books kept for the registration principal at the maturity or redemption and transfer of Bonds and only upon sur-date, if funds sufficient to pay such princip- render thereof at the office of the Registrar al of or interest on Bonds shall have been together with an assignment duly executed made available to the Paying Agent for the by the holder or his duly authorized attor-benefit of the owner thereof, all liability of ney in fact in such form as shall be satis-the Issuer to the owner thereof for such in- factory to the Registrar, along with the ad-terest or payment of such Bonds shall dress and social security number or federal forthwith cease, terminate and be com- employer identification number of such pletely discharged, and thereupon it shall transferee (or, if registration is to be made be the duty of the Paying Agent to hold in the name of multiple individuals, of all such funds, without liability for interest such transferees). In the event that the ad-thereon, for the benefit of the owner of dress of the registered owner of a Bond such Bonds who shall thereafter be re- (other than a registered owner which is the stricted exclusively to such funds for any nominee of the broker or dealer in ques-claim of whatever nature on his part under tion) is that of a broker or dealer, there this Resolution or on, or with respect to, must be disclosed on the Registration such interest or Bonds. The Paying Agent's Books the information pertaining to the reg-obligation to hold such funds shall continue istered owner required above. Upon the for a period equal to two years and six transfer of any such Bond, a new fully reg-months following the date on which such istered Bond, of any denomination or de-interest or principal became due, whether nominations permitted by this Resolution in at maturity, or at the date fixed for redemp- aggregate principal amount equal to the tion thereof, or otherwise, at which time the unmatured and unredeemed principal Paying Agent, shall surrender any remain- amount of such transferred fully registered ing funds so held to the Issuer, whereupon Bond, and bearing interest at the same any claim under this Resolution by the rate and maturing on the same date or Owners of such interest or Bonds of what- dates shall be delivered by the Registrar. ever nature shall be made upon the Issuer. (c) Registration of Transferred Bonds. (g) Registration and Transfer Fees. The In all cases of the transfer of the Bonds, Registrar may furnish to each owner, at the the Registrar shall register, at the earliest Issuer's expense, one bond for each an- practicable time, on the Registration nual maturity. The Registrar shall furnish Books, the Bonds, in accordance with the additional bonds in lesser denominations provisions of this Resolution. (but not less than the minimum denomina- (d) Ownership. As to any Bond, the tion) to an owner who so requests. person in whose name the ownership of Section 9. Reissuance of Mutilated, De- the same shall be registered on the Regis-stroyed, Stolen or Lost Bonds. In case any tration Books of the Registrar shall be outstanding Bond shall become mutilated or deemed and regarded as the absolute be destroyed, stolen or lost, the Issuer shall at owner thereof for all purposes, and pay-the request of Registrar authenticate and de- ment of or on account of the principal of liver a new Bond of like tenor and amount as any such Bonds and the premium, if any, the Bond so mutilated, destroyed, stolen or and interest thereon shall be made only to lost, in exchange and substitution for such or upon the order of the registered owner mutilated Bond to Registrar, upon surrender of thereof or his legal representative. All such such mutilated Bond, or in lieu of and substitu- Book 140 Regular Session, August 16, 2010 339 tion for the Bond destroyed, stolen or lost, dards proposed by the American Standards upon filing with the Registrar evidence satis-Institute substantially in the form as [provided]. factory to the Registrar and Issuer that such Section 14. Contract Between Issuer and Bond has been destroyed, stolen or lost and Purchaser. This Resolution constitutes a con- proof of ownership thereof, and upon furnish-tract between said City and the purchaser of ing the Registrar and Issuer with satisfactory the Bonds. indemnity and complying with such other rea-Section 15. Continuing Disclosure. The Is- sonable regulations as the Issuer or its agent suer hereby covenants and agrees that it will may prescribe and paying such expenses as comply with and carry out all of the provisions the Issuer may incur in connection therewith. of the Continuing Disclosure Certificate, and Section 10. Record Date. Payments of the provisions of the Continuing Disclosure principal and interest, otherwise than upon full Certificate are hereby incorporated by refer- redemption, made in respect of any Bond, ence as part of this Resolution and made a shall be made to the registered holder thereof part hereof. Notwithstanding any other provi- or to their designated agent as the same ap-sion of this Resolution, failure of the Issuer to pear on the books of the Registrar on the 15th comply with the Continuing Disclosure Certifi- day preceding the payment date. All such cate shall not be considered an event of de- payments shall fully discharge the obligations fault under this Resolution; however, any hold- of the Issuer in respect of such Bonds to the er of the Bonds or Beneficial Owner may take extent of the payments so made. Payment of such actions as may be necessary and appro- principal shall only be made upon surrender of priate, including seeking specific performance the Bond to the Paying Agent. by court order, to cause the Issuer to comply Section 11. Execution, Authentication and with its obligations under the Continuing Dis- Delivery of the Bonds. Upon the adoption of closure Certificate. For purposes of this sec- this Resolution, the Mayor and Clerk shall ex-tion, "Beneficial Owner" means any person ecute and deliver the Bonds to the Registrar, which (a) has the power, directly or indirectly, who shall authenticate the Bonds and deliver to vote or consent with respect to, or to dis- the same to or upon order of the Purchaser. pose of ownership of, any Bond (including No Bond shall be valid or obligatory for any persons holding Bonds through nominees, purpose or shall be entitled to any right or depositories or other intermediaries), or (b) is benefit hereunder unless the Registrar shall treated as the owner of any Bonds for federal duly endorse and execute on such Bond a income tax purposes. Certificate of Authentication substantially in the Section 16. Severability Clause. If any sec- form of the Certificate herein set forth. Such tion, paragraph, clause or provision of this Certificate upon any Bond executed on behalf Resolution be held invalid, such invalidity shall of the Issuer shall be conclusive evidence that not affect any of the remaining provisions he- the Bond so authenticated has been duly is-reof, and this Resolution shall become effec- sued under this Resolution and that the holder tive immediately upon its passage and ap- thereof is entitled to the benefits of this Reso-proval. lution. Section 17. Repeal of Conflicting Resolu- No Bonds shall be authenticated and deli-tions or Ordinances. That all ordinances and vered by the Registrar unless and until there resolutions and parts of ordinances and reso- shall have been provided the following: lutions in conflict herewith are hereby re- 1. A certified copy of the Resolu-pealed. th tion of Issuer authorizing the issuance Passed and approved this 16 day of Au- of the Bonds; gust, 2010. 2. A written order of Issuer signed Roy D. Buol, Mayor by the Treasurer of the Issuer direct-Attest: Jeanne F. Schneider, CMC, City Clerk ing the authentication and delivery of the Bonds to or upon the order of the General Obligation Urban Renewal Bonds Purchaser upon payment of the pur-– Series 2010C: City Manager recommending chase price as set forth therein; approval of the final proceedings providing for 3. The approving opinion of Ah-the issuance of $2,825,000 General Obligation lers & Cooney, P.C., Bond Counsel, Urban Renewal Bonds, Series 2010C. Upon concerning the validity and legality of motion the documents were received and filed all the Bonds proposed to be issued. and Resolution No. 320-10 Appointing Wells Section 12. Right to Name Substitute Pay-Fargo Bank, National Association of Des ing Agent or Registrar. Issuer reserves the Moines, Iowa, to serve as Payment Agent, right to name a substitute, successor Registrar Bond Registrar and Transfer Agent, approving or Paying Agent upon giving prompt written the Paying Agent and Bond Registrar and notice to each registered bondholder. Transfer Agent Agreement and authorizing the Section 13. Form of Bond. Bonds shall be execution of the Agreement; and Resolution printed in substantial compliance with stan-No. 321-10 Authorizing and providing for the 340 Regular Session, August 16, 2010 Book 140 issuance of $2,825,000 General Obligation Whereas, the Issuer is in need of funds to Urban Renewal Bonds, Series 2010C, and pay costs of aiding in the planning, undertak- levying a tax to pay said bonds were adopted. ing and carrying out of urban renewal project activities under the authority of Chapter 403 of RESOLUTION NO. 320-10 the Code of Iowa and the Amended and Res- RESOLUTION APPOINTING WELLS FARGO tated Urban Renewal Plan for the Greater BANK, NATIONAL ASSOCIATION OF DES Downtown Urban Renewal Area, including MOINES, IOWA, TO SERVE AS PAYING those costs associated with construction of AGENT, BOND REGISTRAR, AND TRANS- parking improvements and landscape projects FER AGENT, APPROVING THE PAYING within the Greater Downtown Urban Renewal AGENT AND BOND REGISTRAR AND Area; and aiding in the planning, undertaking TRANSFER AGENT AGREEMENT AND AU- and carrying out of urban renewal project ac- THORIZING THE EXECUTION OF THE tivities under the authority of Chapter 403 of AGREEMENT the Code of Iowa and the Amended and Res- Whereas, pursuant to the provisions of tated Urban Renewal Plan for the Greater Chapter 75 of the Code of Iowa, $2,825,000 Downtown Urban Renewal Area, including General Obligation Urban Renewal Bonds, those costs associated with the construction of Series 2010C, dated the date of delivery, have street, stormwater, sanitary sewer, water, fiber been sold at public sale and action should now optic, parking and other public improvements be taken to provide for the maintenance of in the Historic Millwork District, and the funding records, registration of certificates and pay-of grants, loans and other financial assistance ment of principal and interest in connection to private developers to assist in rehabilitation with the issuance of the Bonds; and of existing buildings and construction of hous- Whereas, this Council has deemed that the ing development projects in the Millwork Dis- services offered by Wells Fargo Bank, National trict, an urban renewal purpose project, and it Association of Des Moines, Iowa, are neces-is deemed necessary and advisable that the sary for compliance with rules, regulations, City issue General Obligation Urban Renewal and requirements governing the registration, Bonds, Series 2010C, for such purpose to the transfer and payment of registered Bonds; and amount of not to exceed $3,000,000 as autho- Whereas, a Paying Agent, Bond Registrar rized by Section 403.12 of the City Code of and Transfer Agent Agreement (hereafter Iowa; and "Agreement") has been prepared to be entered Whereas, pursuant to notice published as into between the City and Wells Fargo Bank, required by Sections 403.12 and 384.24(3)(q) National Association. this Council has held a public meeting and NOW, THEREFORE, BE IT RESOLVED hearing upon the proposal to institute proceed- BY THE CITY OF DUBUQUE, STATE OF ings for the issuance of the Bonds, and all IOWA: objections, if any, to such Council action made Section 1. That Wells Fargo Bank, National by any resident or property owner of the City Association of Des Moines, Iowa, is hereby were received and considered by the Council; appointed to serve as Paying Agent, Bond and no petition having been filed, it is the deci- Registrar and Transfer Agent in connection sion of the Council that additional action be with the issuance of $2,825,000 General Obli-taken for the issuance of the $2,825,000 gation Urban Renewal Bonds, Series 2010C, Bonds, and that such action is considered to dated the date of delivery. be in the best interests of the City and the res- Section 2. That the Agreement with Wells idents thereof; and Fargo Bank, National Association of Des Whereas, pursuant to the provisions of Moines, Iowa, is hereby approved and that the Chapter 75 of the Code of Iowa, the above Mayor and Clerk are authorized to sign the mentioned Bonds were heretofore sold at pub- Agreement on behalf of the City. lic sale and action should now be taken to is- th Passed and approved this 16 day of Au-sue said Bonds conforming to the terms and gust, 2010. conditions of the best bid received at the ad- Roy D. Buol, Mayor vertised public sale: Attest: Jeanne F. Schneider, CMC, City Clerk NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 321-10 QUE, STATE OF IOWA: RESOLUTION AUTHORIZING AND PROVID- Section 1. Definitions. The following terms ING FOR THE ISSUANCE OF $2,825,000 shall have the following meanings in this Reso- GENERAL OBLIGATION URBAN RENEWAL lution unless the text expressly or by neces- BONDS, SERIES 2010C, AND LEVYING A sary implication requires otherwise: TAX TO PAY SAID BONDS  "Authorized Denominations" Whereas, the Issuer is duly incorporated, shall mean $5,000 or any integral organized and exists under and by virtue of the multiple thereof. laws and Constitution of the State of Iowa; and Book 140 Regular Session, August 16, 2010 341  "Beneficial Owner" shall "Registrar" shall mean Wells mean the person in whose name Fargo Bank, National Association of such Bond is recorded as the benefi-Des Moines, Iowa, or such successor cial owner of a Bond by a Participant as may be approved by Issuer as on the records of such Participant or provided herein and who shall carry such person's subrogee. out the duties prescribed herein with  respect to maintaining a register of "Bond Fund" shall mean the the owners of the Bonds. Unless oth- fund created in Section 3 of this Res- erwise specified, the Registrar shall olution. also act as Transfer Agent for the  "Bonds" shall mean Bonds. $2,825,000 General Obligation Urban  "Representation Letter" shall Renewal Bonds, Series 2010C, au- mean the Blanket Issuer Letter of thorized to be issued by this Resolu- Representations executed and deli- tion. vered by the Issuer to DTC on file  "Cede & Co." shall mean with DTC. Cede & Co., the nominee of DTC,  "Resolution" shall mean this and any successor nominee of DTC resolution authorizing the Bonds. with respect to the Bonds.   "Tax Exemption Certificate" "Continuing Disclosure Cer- shall mean the Tax Exemption Certif- tificate" shall mean that certain Con- icate executed by the Treasurer and tinuing Disclosure Certificate ex- delivered at the time of issuance and ecuted by the Issuer and dated the delivery of the Bonds. date of issuance and delivery of the  "Treasurer" shall mean the Bonds, as originally executed and as it may be amended from time to time Finance Director or such other officer in accordance with the terms thereof. as shall succeed to the same duties  and responsibilities with respect to "Depository Bonds" shall the recording and payment of the mean the Bonds as issued in the form Bonds issued hereunder. of one global certificate for each ma- Section 2. Levy and Certification of Annual turity, registered in the Registration Tax; Other Funds to be Used. Books maintained by the Registrar in (a) Levy of Annual Tax. That for the name of DTC or its nominee. the purpose of providing funds to pay  "DTC" shall mean The De- the principal and interest of the Bonds pository Trust Company, New York, hereinafter authorized to be issued, New York, a limited purpose trust there is hereby levied for each future company, or any successor book- year the following direct annual tax on entry securities depository appointed all of the taxable property in Dubu- for the Bonds. que, Iowa, to-wit:  "Issuer" and "City" shall mean the City of Dubuque, State of FISCAL YEAR Iowa. (JULY 1 TO JUNE 30)  "Participants" shall mean YEAR OF those broker-dealers, banks and oth- AMOUNT COLLECTION er financial institutions for which DTC $64,212 2010/2011 holds Bonds as securities depository. $200,300 2011/2012  "Paying Agent" shall mean $198,000 2012/2013 Wells Fargo Bank, National Associa- $195,700 2013/2014 tion, or such successor as may be $198,400 2014/2015 approved by Issuer as provided here- $196,000 2015/2016 $198,450 2016/2017 in and who shall carry out the duties $200,481 2017/2018 prescribed herein as Issuer's agent to $202,069 2018/2019 provide for the payment of principal of $203,356 2019/2020 and interest on the Bonds as the $204,156 2020/2021 same shall become due. $204,806 2021/2022  "Project Fund" shall mean $205,306 2022/2023 the fund required to be established by $205,463 2023/2024 this Resolution for the deposit of the $205,263 2024/2025 proceeds of the Bonds. $204,694 2025/2026  "Rebate Fund" shall mean $208,744 2026/2027 the fund so defined in and estab- $207,219 2027/2028 lished pursuant to the Tax Exemption $210,513 2028/2029 Certificate. $213,200 2029/2030 342 Regular Session, August 16, 2010 Book 140 (NOTE: For example the levy to Resolution. Capitalized interest, in the amount be made and certified against the of $64,211.94, shall be deposited in the Bond taxable valuations of January 1, 2010 Fund. will be collected during the fiscal year Section 5. Investments of Bond Fund commencing July 1, 2011.) Proceeds. All moneys held in the Bond Fund, (b) Resolution to be Filed With provided for by Section 3 of this Resolution County Auditor. A certified copy of shall be invested in investments permitted by this Resolution should be filed with Chapter 12B, Code of Iowa, 2009 (formerly the County Auditor of Dubuque Coun-Chapter 452, Code of Iowa, as amended) or ty, State of Iowa, and said Auditor is deposited in financial institutions which are hereby instructed in and for each of members of the Federal Deposit Insurance the years as provided, to levy and as-Corporation and the deposits in which are in- sess the tax hereby authorized in sured thereby and all such deposits exceeding Section 2 of this Resolution, in like the maximum amount insured from time to manner as other taxes are levied and time by FDIC or its equivalent successor in assessed, and such taxes so levied in any one financial institution shall be conti- and for each of the years aforesaid nuously secured in compliance with the State be collected in like manner as other Sinking Fund provided under Chapter 12C of taxes of the City are collected, and the Code of Iowa, 2009, as amended or oth- when collected be used for the pur-erwise by a valid pledge of direct obligations of pose of paying principal and interest the United States Government having an on said Bonds issued in anticipation equivalent market value. All such interim in- of said tax, and for no other purpose vestments shall mature before the date on whatsoever. which the moneys are required for payment of (c) Additional City Funds Availa-principal of or interest on the Bonds as herein ble. Principal and interest coming due provided. at any time when the proceeds of Section 6. Bond Details, Execution and said tax on hand shall be insufficient Redemption. to pay the same shall be promptly (a) Bond Details. General Obliga- paid when due from current funds of tion Urban Renewal Bonds of the City the City available for that purpose in the amount of $2,825,000, shall be and reimbursement shall be made issued pursuant to the provisions of from such special fund in the Sections 403.12 and 384.24(3)(q) of amounts thus advanced. the City Code of Iowa for the aforesa- Section 3. Bond Fund. Said tax shall be id purpose. The Bonds shall be des- collected each year at the same time and in ignated "GENERAL OBLIGATION the same manner as, and in addition to, all URBAN RENEWAL BOND, SERIES other taxes in and for the City, and when col-2010C", be dated the date of delivery, lected they shall be converted into a special and bear interest from the date the- fund within the Debt Service Fund to be known reof, until payment thereof, at the of- as the "GENERAL OBLIGATION URBAN RE-fice of the Paying Agent, said interest NEWAL BOND FUND 2010C" (the "Bond payable on June 1, 2011, and se- st Fund"), which is hereby pledged for and shall miannually thereafter on the 1 day of be used only for the payment of the principal of June and December in each year un- and interest on the Bonds hereinafter autho-til maturity at the rates hereinafter rized to be issued; and also there shall be ap-provided. portioned to said fund its proportion of taxes The Bonds shall be executed by received by the City from property that is cen-the manual or facsimile signature of trally assessed by the State of Iowa. the Mayor and attested by the manual Section 4. Application of Bond Proceeds. or facsimile signature of the Clerk, Proceeds of the Bonds, other than capitalized and impressed or printed with the interest as provided below, shall be credited to seal of the City and shall be fully reg- the Project Fund and expended therefrom for istered as to both principal and inter- the purposes of issuance. Any amounts on est as provided in this Resolution; hand in the Project Fund shall be available for principal, interest and premium, if the payment of the principal of or interest on any, shall be payable at the office of the Bonds at any time that other funds shall be the Paying Agent by mailing of a insufficient to the purpose, in which event such check to the registered owner of the funds shall be repaid to the Project Fund at the Bond. The Bonds shall be in the de- earliest opportunity. Any balance on hand in nomination of $5,000 or multiples the- the Project Fund and not immediately required reof. The Bonds shall mature and for its purposes may be invested not inconsis-bear interest as follows: tent with limitations provided by law or this Book 140 Regular Session, August 16, 2010 343 Bonds for Bonds in the Authorized Denominations, the Bonds shall be Principal Interest Maturity issued as Depository Bonds in deno- Amount Rate June 1st minations of the entire principal $115,000 2.000% 2012 amount of each maturity of Bonds (or, $115,000 2.000% 2013 if a portion of said principal amount is $115,000 2.000% 2014 prepaid, said principal amount less $120,000 2.000% 2015 the prepaid amount); and such Depo- $120,000 2.125% 2016 sitory Bonds shall be registered in the $125,000 2.375% 2017 name of Cede & Co., as nominee of $130,000 2.625% 2018 DTC. Payment of semi-annual inter- $135,000 2.750% 2019 est for any Depository Bond shall be $140,000 3.000% 2020 made by wire transfer or New York $145,000 3.000% 2021 Clearing House or equivalent next $150,000 3.000% 2022 day funds to the account of Cede & $155,000 3.125% 2023 Co. on the interest payment date for $160,000 3.250% 2024 the Bonds at the address indicated in $165,000 3.375% 2025 or pursuant to the Representation $170,000 3.500% 2026 Letter. $180,000 3.625% 2027 (b) With respect to Depository $185,000 3.625% 2028 Bonds, neither the Issuer nor the $195,000 3.750% 2029 Paying Agent shall have any respon- $205,000 4.000% 2030 sibility or obligation to any Participant or to any Beneficial Owner. Without limiting the immediately preceding (b) Redemption. Bonds maturing sentence, neither the Issuer nor the after June 1, 2017 may be called for Paying Agent shall have any respon- redemption by the Issuer and paid sibility or obligation with respect to (i) before maturity on said date or any the accuracy of the records of DTC or date thereafter, from any funds re- gardless of source, in whole or from its nominee or of any Participant with time to time in part, in any order of respect to any ownership interest in maturity and within an annual maturi-the Bonds, (ii) the delivery to any Par- ticipant, any Beneficial Owner or any ty by lot. The terms of redemption other person, other than DTC or its shall be par, plus accrued interest to nominee, of any notice with respect to date of call. the Bonds, (iii) the payment to any Thirty days' notice of redemption Participant, any Beneficial Owner or shall be given by first class mail to the any other person, other than DTC or registered owner of the Bond. Failure to give such notice by mail to any reg-its nominee, of any amount with re- istered owner of the Bonds or any de-spect to the principal of, premium, if fect therein shall not affect the validity any, or interest on the Bonds, or (iv) the failure of DTC to provide any in- of any proceedings for the redemp- formation or notification on behalf of tion of the Bonds. All bonds or por- any Participant or Beneficial Owner. tions thereof called for redemption will The Issuer and the Paying Agent cease to bear interest after the speci- may treat DTC or its nominee as, and fied redemption date, provided funds for their redemption are on deposit at deem DTC or its nominee to be, the the place of payment. absolute owner of each Bond for the If selection by lot within a maturity purpose of payment of the principal of, premium, if any, and interest on is required, the Registrar shall desig- such Bond, for the purpose of all oth- nate the bonds to be redeemed by er matters with respect to such Bond, random selection of the names of the for the purpose of registering trans- registered owners of the entire annual fers with respect to such Bonds, and maturity until the total amount of bonds to be called has been reached. for all other purposes whatsoever Section 7. Issuance of Bonds in Book-(except for the giving of certain Bond Entry Form; Replacement Bonds. holder consents, in accordance with the practices and procedures of DTC (a) Notwithstanding the other pro- as may be applicable thereto). The visions of this Resolution regarding Paying Agent shall pay all principal registration, ownership, transfer, of, premium, if any, and interest on payment and exchange of the Bonds, the Bonds only to or upon the order of unless the Issuer determines to per- mit the exchange of Depository the Bondholders as shown on the 344 Regular Session, August 16, 2010 Book 140 Registration Books, and all such and transfer of interests in Depository payments shall be valid and effective Bonds by book entries made on to fully satisfy and discharge the Is-records of the depository or its nomi- suer's obligations with respect to the nee and (iii) payment of principal of, principal of, premium, if any, and in-premium, if any, and interest on the terest on the Bonds to the extent so Bonds in accordance with and as paid. Notwithstanding the provisions such interests may appear with re- of this Resolution to the contrary (in-spect to such book entries. cluding without limitation those provi-Section 8. Registration of Bonds; Appoint- sions relating to the surrender of ment of Registrar; Transfer; Ownership; Deli- Bonds, registration thereof, and is-very; and Cancellation. suance in Authorized Denomina-(a) Registration. The ownership of tions), as long as the Bonds are De-Bonds may be transferred only by the pository Bonds, full effect shall be making of an entry upon the books given to the Representation Letter kept for the registration and transfer and the procedures and practices of of ownership of the Bonds, and in no DTC thereunder, and the Paying other way. Wells Fargo Bank, Nation- Agent shall comply therewith. al Association is hereby appointed as (c) Upon (i) a determination by the Bond Registrar under the terms of Issuer that DTC is no longer able to this Resolution and under the provi- carry out its functions or is otherwise sions of a separate agreement with determined unsatisfactory, or (ii) a the Issuer filed herewith which is determination by DTC that the Bonds made a part hereof by this reference. are no longer eligible for its deposito-Registrar shall maintain the books of ry services or (iii) a determination by the Issuer for the registration of own- the Paying Agent that DTC has re-ership of the Bonds for the payment signed or discontinued its services for of principal of and interest on the the Bonds, if such substitution is au-Bonds as provided in this Resolution. thorized by law, the Issuer shall (A) All Bonds shall be negotiable as pro- designate a satisfactory substitute vided in Article 8 of the Uniform depository as set forth below or, if a Commercial Code and Section satisfactory substitute is not found, 384.31 of the Code of Iowa, subject (B) provide for the exchange of De-to the provisions for registration and pository Bonds for replacement transfer contained in the Bonds and Bonds in Authorized Denominations. in this Resolution. (d) To the extent authorized by (b) Transfer. The ownership of law, if the Issuer determines to pro-any Bond may be transferred only vide for the exchange of Depository upon the Registration Books kept for Bonds for Bonds in Authorized De-the registration and transfer of Bonds nominations, the Issuer shall so notify and only upon surrender thereof at the Paying Agent and shall provide the office of the Registrar together the Registrar with a supply of ex-with an assignment duly executed by ecuted unauthenticated Bonds to be the holder or his duly authorized at- so exchanged. The Registrar shall torney in fact in such form as shall be thereupon notify the owners of the satisfactory to the Registrar, along Bonds and provide for such ex-with the address and social security change, and to the extent that the number or federal employer identifi- Beneficial Owners are designated as cation number of such transferee (or, the transferee by the owners, the if registration is to be made in the Bonds will be delivered in appropriate name of multiple individuals, of all form, content and Authorized Deno-such transferees). In the event that minations to the Beneficial Owners, the address of the registered owner as their interests appear. of a Bond (other than a registered (e) Any substitute depository shall owner which is the nominee of the be designated in writing by the Issuer broker or dealer in question) is that of to the Paying Agent. Any such substi-a broker or dealer, there must be dis- tute depository shall be a qualified closed on the Registration Books the and registered "clearing agency" as information pertaining to the regis- provided in Section 17A of the Securi-tered owner required above. Upon ties Exchange Act of 1934, as the transfer of any such Bond, a new amended. The substitute depository fully registered Bond, of any denomi- shall provide for (i) immobilization of nation or denominations permitted by the Depository Bonds, (ii) registration this Resolution in aggregate principal Book 140 Regular Session, August 16, 2010 345 amount equal to the unmatured and nature on his part under this Resolu- unredeemed principal amount of such tion or on, or with respect to, such in- transferred fully registered Bond, and terest or Bonds. The Paying Agent's bearing interest at the same rate and obligation to hold such funds shall maturing on the same date or dates continue for a period equal to two shall be delivered by the Registrar. years and six months following the (c) Registration of Transferred date on which such interest or prin- Bonds. In all cases of the transfer of cipal became due, whether at maturi- the Bonds, the Registrar shall regis-ty, or at the date fixed for redemption ter, at the earliest practicable time, on thereof, or otherwise, at which time the Registration Books, the Bonds, in the Paying Agent, shall surrender any accordance with the provisions of this remaining funds so held to the Issuer, Resolution. whereupon any claim under this Res- (d) Ownership. As to any Bond, olution by the Owners of such interest the person in whose name the own-or Bonds of whatever nature shall be ership of the same shall be registered made upon the Issuer. on the Registration Books of the Re-(g) Registration and Transfer gistrar shall be deemed and regarded Fees. The Registrar may furnish to as the absolute owner thereof for all each owner, at the Issuer's expense, purposes, and payment of or on ac-one bond for each annual maturity. count of the principal of any such The Registrar shall furnish additional Bonds and the premium, if any, and bonds in lesser denominations (but interest thereon shall be made only to not less than the minimum denomina- or upon the order of the registered tion) to an owner who so requests. owner thereof or his legal representa-Section 9. Reissuance of Mutilated, De- tive. All such payments shall be valid stroyed, Stolen or Lost Bonds. In case any and effectual to satisfy and discharge outstanding Bond shall become mutilated or the liability upon such Bond, including be destroyed, stolen or lost, the Issuer shall at the interest thereon, to the extent of the request of Registrar authenticate and de- the sum or sums so paid. liver a new Bond of like tenor and amount as (e) Cancellation. All Bonds which the Bond so mutilated, destroyed, stolen or have been redeemed shall not be lost, in exchange and substitution for such reissued but shall be cancelled by the mutilated Bond to Registrar, upon surrender of Registrar. All Bonds which are can-such mutilated Bond, or in lieu of and substitu- celled by the Registrar shall be de-tion for the Bond destroyed, stolen or lost, stroyed and a certificate of the de-upon filing with the Registrar evidence satis- struction thereof shall be furnished factory to the Registrar and Issuer that such promptly to the Issuer; provided that if Bond has been destroyed, stolen or lost and the Issuer shall so direct, the Regi-proof of ownership thereof, and upon furnish- strar shall forward the cancelled ing the Registrar and Issuer with satisfactory Bonds to the Issuer. indemnity and complying with such other rea- (f) Non-Presentment of Bonds. In sonable regulations as the Issuer or its agent the event any payment check may prescribe and paying such expenses as representing payment of principal of the Issuer may incur in connection therewith. or interest on the Bonds is returned to Section 10. Record Date. Payments of the Paying Agent or if any bond is not principal and interest, otherwise than upon full presented for payment of principal at redemption, made in respect of any Bond, the maturity or redemption date, if shall be made to the registered holder thereof funds sufficient to pay such principal or to their designated agent as the same ap- of or interest on Bonds shall have pear on the books of the Registrar on the 15th been made available to the Paying day preceding the payment date. All such Agent for the benefit of the owner the-payments shall fully discharge the obligations reof, all liability of the Issuer to the of the Issuer in respect of such Bonds to the owner thereof for such interest or extent of the payments so made. Payment of payment of such Bonds shall forth-principal shall only be made upon surrender of with cease, terminate and be com-the Bond to the Paying Agent. pletely discharged, and thereupon it Section 11. Execution, Authentication and shall be the duty of the Paying Agent Delivery of the Bonds. Upon the adoption of to hold such funds, without liability for this Resolution, the Mayor and Clerk shall ex- interest thereon, for the benefit of the ecute and deliver the Bonds to the Registrar, owner of such Bonds who shall the-who shall authenticate the Bonds and deliver reafter be restricted exclusively to the same to or upon order of the Purchaser. such funds for any claim of whatever No Bond shall be valid or obligatory for any 346 Regular Session, August 16, 2010 Book 140 purpose or shall be entitled to any right or Treasurer is hereby directed to make and in- benefit hereunder unless the Registrar shall sert all calculations and determinations neces- duly endorse and execute on such Bond a sary to complete the Tax Exemption Certificate Certificate of Authentication substantially in the in all respects and to execute and deliver the form of the Certificate herein set forth. Such Tax Exemption Certificate at issuance of the Certificate upon any Bond executed on behalf Bonds to certify as to the reasonable expecta- of the Issuer shall be conclusive evidence that tions and covenants of the Issuer at that date. the Bond so authenticated has been duly is-Section 16. Additional Covenants, Repre- sued under this Resolution and that the holder sentations and Warranties of the Issuer. The thereof is entitled to the benefits of this Reso-Issuer certifies and covenants with the pur- lution. chasers and holders of the Bonds from time to No Bonds shall be authenticated and delivered time outstanding that the Issuer through its by the Registrar unless and until there shall officers, (a) will make such further specific have been provided the following: covenants, representations and assurances as 1. A certified copy of the Resolution of may be necessary or advisable; (b) comply Issuer authorizing the issuance of the with all representations, covenants and assur- Bonds; ances contained in the Tax Exemption Certifi- 2. A written order of Issuer signed by cate, which Tax Exemption Certificate shall the Treasurer of the Issuer directing the constitute a part of the contract between the authentication and delivery of the Bonds to Issuer and the owners of the Bonds;(c) consult or upon the order of the Purchaser upon with bond counsel (as defined in the Tax Ex- payment of the purchase price as set forth emption Certificate); (d) pay to the United therein; States, as necessary, such sums of money 3. The approving opinion of Ahlers & representing required rebates of excess arbi- Cooney, P.C., Bond Counsel, concerning trage profits relating to the Bonds;(e) file such the validity and legality of all the Bonds forms, statements and supporting documents proposed to be 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. Continuing Disclosure. The Is- the Bonds. suer hereby covenants and agrees that it will Section 15. Non-Arbitrage Covenants. The comply with and carry out all of the provisions Issuer reasonably expects and covenants that of the Continuing Disclosure Certificate, and no use will be made of the proceeds from the the provisions of the Continuing Disclosure issuance and sale of the Bonds issued he-Certificate are hereby incorporated by refer- reunder which will cause any of the Bonds to ence as part of this Resolution and made a be classified as arbitrage bonds within the part hereof. Notwithstanding any other provi- meaning of Sections 148(a) and (b) of the In-sion of this Resolution, failure of the Issuer to ternal Revenue Code of the United States, as comply with the Continuing Disclosure Certifi- amended, and that throughout the term of the cate shall not be considered an event of de- Bonds it will comply with the requirements of fault under this Resolution; however, any hold- statutes and regulations issued thereunder. er of the Bonds or Beneficial Owner may take To the best knowledge and belief of the Is-such actions as may be necessary and appro- suer, there are no facts or circumstances that priate, including seeking specific performance would materially change the foregoing state-by court order, to cause the Issuer to comply ments or the conclusion that it is not expected with its obligations under the Continuing Dis- that the proceeds of the Bonds will be used in closure Certificate. For purposes of this sec- a manner that would cause the Bonds to be tion, "Beneficial Owner" means any person arbitrage bonds. Without limiting the generality which (a) has the power, directly or indirectly, of the foregoing, the Issuer hereby agrees to to vote or consent with respect to, or to dis- comply with the provisions of the Tax Exemp-pose of ownership of, any Bond (including tion Certificate and the provisions of the Tax persons holding Bonds through nominees, Exemption Certificate are hereby incorporated depositories or other intermediaries), or (b) is by reference as part of this Resolution. The Book 140 Regular Session, August 16, 2010 347 treated as the owner of any Bonds for federal $129,834.43 less any retained percentage income tax purposes. provided for therein as provided in Iowa Code Section 19. Severability Clause. If any sec-chapter 573, and to pay such retainage only in tion, paragraph, clause or provision of this accordance with the provisions of Iowa Code Resolution be held invalid, such invalidity shall chapter 573. th not affect any of the remaining provisions he-Passed, approved and adopted this 16 reof, and this Resolution shall become effec-day of August, 2010. tive immediately upon its passage and ap-Roy D. Buol, Mayor proval. Attest: Jeanne F. Schneider, CMC, City Clerk Section 20. Repeal of Conflicting Resolu- tions or Ordinances. That all ordinances and Human Rights Commission: Communica- resolutions and parts of ordinances and reso-tion from the Human Rights Commission ad- lutions in conflict herewith are hereby re-vising the City Council of recent and upcoming pealed. endeavors of the Commission. Upon motion th Passed and approved this 16 day of August, the document was received and filed. 2010. Roy D. Buol, Mayor Agreement with the Community Founda- Attest: Jeanne F. Schneider, CMC, City Clerk tion of Greater Dubuque for Project HOPE: City Manager recommending approval of a Day of Peace Partnership: City Manager contract for services with Community Founda- recommending approval for the City to be tion of Greater Dubuque to assist in achieving listed as a sponsor for the celebration of the the Project HOPE objectives. Upon motion the United Nations International Day of Peace on documents were received, filed, and approved. September 21, 2010. Upon motion the docu- ments were received, filed, and approved. Catfish Creek Generator Project: City Manager recommending award of the contract Miller Road Water Main Extension Project: for the Catfish Creek Generator Project to City Manager recommending acceptance of A&G Electric, in the amount of $92,100. Upon the Miller Road Water Main Extension Project motion the documents were received and filed as completed by McClain Excavating Compa-and Resolution No. 323-10 Awarding construc- ny, Inc. in the final contract amount of tion contract for the Catfish Creek Pumping $129,834.43. Upon motion the documents Station Generator Project was adopted. were received and filed and Resolution No. RESOLUTION NO. 323-10 322-10 Accepting the Miller Road Water Main AWARDING CONSTRUCTION CONTRACT Extension Project and authorizing payment of FOR THE CATFISH CREEK PUMPING STA- the contract amount to the contractor was TION GENERATOR PROJECT adopted. Whereas, sealed proposals have been RESOLUTION NO. 322-10 submitted by contractors for the ACCEPTING THE MILLER ROAD WATER Catfish Creek Pumping Station Generator MAIN EXTENSION PROJECT AND AUTHO- Project pursuant to Resolution No. 231-10 and RIZING THE PAYMENT OF THE CONTRACT notice to bidders published in a newspaper AMOUNT TO THE CONTRACTOR published in the City of Dubuque, Iowa on the th Whereas, the Public Improvement Contract 9 day of July, 2010. for the Miller Road Water Main Extension Whereas, said sealed proposals were Project (the project) has been completed and opened and read on the 6th day of August, the City’s Consultant Engineer, Alltrans, Inc. 2010, and it has been determined that the bid (the engineer) of Cedar Rapids, Iowa has ex-of A&G Electric, of Dubuque, Iowa, in the amined the work and filed a certificate stating amount of $92,100.00 was the lowest bid for the Project has been completed according to the furnishings of all labor and materials and the terms of the Public Improvement Contract performing the work as provided for the plans and that the Engineer recommends that the and specification. Project be accepted. 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 contract for the above improve- Section 1. The recommendation of the En-ments be awarded to A&G Electric, and the gineer is approved and the Project is hereby Manager be and is hereby directed to execute accepted. a contract on behalf of the City of Dubuque for Section 2. The Finance Director is hereby the complete performance of the work. directed to pay to the Contractor from the Mil-BE IT FURTHER RESOLVED: ler Road Water Main Extension Project appro-That upon the signing of said contract and priations for the contract amount of the approval of the contractor’s bond the City 348 Regular Session, August 16, 2010 Book 140 Treasurer is authorized and instructed to re-event. Upon motion the documents were re- turn the bid deposits of the unsuccessful bid-ceived, filed, and approved. ders. th Passed, approved and adopted this 16 Liquor License Refund: Request of Kristina day of August, 2010. L. Chapman, K-Chap Foods, for a refund of Roy D. Buol, Mayor Cigarette License #DBQ-059 in the amount of Attest: Jeanne F. Schneider, CMC, City Clerk $75.00. Upon motion the documents were received, filed, and the refund approved. Citizen Communications: Communication from Dionne T. Klauer, 2131 Concord Court, Liquor License Applications: City Manager regarding the lack of sidewalks on Marion recommending approval of annual liquor li- Street from Fremont to the bottom of the hill at cense renewals as submitted. Upon motion the Concord and Concord Court. documents were received and filed and Reso- Communication from William Steppan re-lution No. 324-10 Granting the issuance of a questing that the parking ordinance limiting Class “B” Beer Permit (5 Day Special Event) to one parking permit per apartment and two Clarke University, Riverfest and Music n More; permits per block be re-visited. and a Class “C” Beer Permit to Sid’s Beve- Upon motion the documents were re-rage, Ron’s Discount Smokes and DBQ Quick ceived, filed, and referred to the City Manager. Stop Mart; and Resolution No. 325-10 Grant- ing the issuance of a Class “C” Beer/Liquor Transit Board of Trustees: Communication License to Eagles Club, Courtside Sports from Lu Ann Schmidt advising that she is una-Bar/Grill, Star Restaurant and Lounge and ble to accept her appointment to the Transit Chances R; a Special Class “C” Liquor Li- Board of Trustees. cense to Tri-State Blind Society and Banda- Communication from Ruth Scharnau advis-na’s Bar-B-Q; a Special Class “C” Liquor Li- ing that she will not be able to accept her re-cense (5 Day Special Event) to Dubuque Jay- appointment to the Transit Board of Trustees. cees (8/19/10 and 9/2/10), Camp Albrecht Upon motion the documents were received Acres and Dubuque Fine Arts Society; a Spe- and filed. cial Class “C” Liquor License (14 Day Special Event) to Dubuque Fine Arts Society; a Class FAA Grant Funds Match Request: City “B” Wine Permit to Sid’s Beverage Store; and Manager recommending approval to reallocate a Class “WBN” Native Wine License to Mando- funds from existing projects to meet the re-lin Inn were adopted. quired 5% local match ($99,500) for Runway RESOLUTION NO. 324-10 Safety Area Improvements, Electronic Airport Layout Plan and Safety Management Sys-Whereas, applications for Beer Permits tems. Upon motion the documents were re-have been submitted and filed to this Council ceived, filed, and approved. for approval and the same have been ex- amined and approved: and Grant Application for Innovative Human Whereas, the premises to be occupied by Resources Project: City Manager recommend-such applicants were inspected and found to ing approval of the submission of a grant ap-comply with the Ordinances of the City and plication to the International Public Manage-have filed proper bonds. ment Association for Human Resources and NOW, THEREFORE, BE IT RESOLVED CPS Human Resource Services in the amount BY THE CITY COUNCIL OF THE CITY OF of $25,000. Upon motion the documents were DUBUQUE, IOWA: received, filed, and approved. That the Manager be authorized to cause to be issued the following named applicants a Safe Community Task Force Recommen-Beer Permit. dations – Section 8 Policy Changes: City Man-CLASS “B” BEER PERMIT (5-DAY SPECIAL ager transmitting information about recent EVENT) Section 8 rule changes adopted by the Dubu-Clarke University of Dubuque, Clarke Uni- que Housing Commission. Upon motion the versity, 1550 Clarke Drive documents were received and filed. Riverfest, Inc., Riverfest +(Sunday Sale), Town Clock Plaza Signed Contracts: Bergfeld Trail Phase 2 Music n More Promotions, Music n More Project – Change Order. Upon motion the Promotions, Town Clock Plaza documents were received and filed. CLASS “C” BEER PERMIT Sid’s Beverage Store, Sid’s Beve- Liquor License Transfer: Request of the rage+(Sunday Sale), 2727 Dodge Street Rotary Club of Dubuque to transfer their liquor RKM, LLC, Ron’s Discount license to the Alliant Energy Outdoor Amphi-Smokes/Beverage theater on August 28, 2010 for the Irish Hooley +(Sunday Sale), 3300 Asbury Road Book 140 Regular Session, August 16, 2010 349 Dubuque Quick Stop Mart, DBQ Quick Attest: Jeanne F. Schneider, CMC, City Clerk Stop Mart +(Sunday Sale), 1401 Central Ave. License Agreement – Dubuque Community th Passed, approved and adopted this 16 Ice and Recreation Center, Inc.: City Manager day of August, 2010. recommending approval of a License Agree- Roy D. Buol, Mayor ment between Dubuque Community Ice and Attest: Jeanne F. Schneider, CMC, City Clerk Recreation Center, Inc., and Northern Lights Hockey. Upon motion the documents were RESOLUTION NO. 325-10 received, filed, and approved. Whereas, applications for Liquor Licenses have been submitted to this Council for ap-Dubuque Community Ice and Recreation proval and the same have been examined and Center, Inc.: City Manager recommending approved; and approval of the First Amendment to the Lease Whereas, the premises to be occupied by Agreement between the City of Dubuque and such applicants were inspected and found to Dubuque Community Ice and Recreation Cen- comply with the State Laws and all City Ordin-ter. Upon motion the documents were received ances relevant thereto and they have filed and filed and Resolution No. 326-10 Approving proper bonds. the First Amendment to the Lease Agreement NOW, THEREFORE, BE IT RESOLVED between the City of Dubuque, Iowa and Dubu- BY THE CITY COUNCIL OF THE CITY OF que Community Ice and Recreation Center, DUBUQUE, IOWA: Inc. was adopted. That the Manager be authorized to cause RESOLUTION NO. 326-10 to be issued the following named applicants a APPROVING THE FIRST AMENDMENT TO Liquor License. LEASE AGREEMENT BETWEEN THE CITY CLASS “C” BEER/LIQUOR LICENSE OF DUBUQUE, IOWA AND DUBUQUE Fraternal Order Eagles#568, Eagles COMMUNITY ICE & RECREATION CENTER, Club(1 Day Outdoor Sale), 1175 Century Dr. INC. Courtside, Inc., Courtside Sports Bar/Grill, +(Sunday/Outdoor Sale), 2095 Holiday Dr. Whereas, on October 30, 2009, the City of James Madison, Inc., Star Restaurant & Dubuque, Iowa, a municipal corporation (Les- Lounge, +(Sunday/Outdoor Sale), 600 Star sor) and Dubuque Community Ice & Brewery Recreation Center, Inc., an Iowa corporation Donavon, Inc., Chances R (Lessee) entered into a Lease Agreement for +(Sunday/Outdoor Sale), 1046 Central Ave. certain real property described therein; and SPECIAL CLASS “C” LIQUOR Whereas, the Lease Agreement provides Tri-State Blind Society, Tri-State Blind So-for a term of 25 years commencing on October ciety, 3333 Asbury Rd. 30, 2009; and Bandana’s Missouri, LLC, Bandana’s Bar-Whereas, the Lease Agreement incorrectly B-Q +(Sunday Sale), 2035 JFK Rd. states that the Lease terminates on October SPECIAL CLASS “C” LIQUOR (5-DAY SPE-29, 2024; and CIAL EVENT) Whereas, the correct termination date is Dubuque Jaycees, Dubuque Jaycees (8-October 29, 2034; and 19-10), Town Clock Plaza Whereas, Lessor and Lessee now desire Dubuque Jaycees, Dubuque Jaycees (9-2-to clarify the term of the Lease Agreement with 10), Town Clock Plaza this First Amendment; and Camp Albrecht Acres, Camp Albrecht Whereas, the City Council deems it in the rd Acres, (Oktoberfest 9-14-10), 350 / 400 E. 3 public interest to amend the Lease Agreement St. as set forth in the First Amendment to Lease Dubuque Fine Arts, Dubuque Fine Arts Agreement attached hereto. Society +(Sunday Sale), 1000 Jackson St. NOW, THEREFORE, IT IS AGREED BY SPECIAL CLASS “C” LIQUOR (14-DAY SPE-AND BETWEEN THE PARTIES AS FOL- CIAL EVENT) LOWS: Dubuque Fine Arts, Dubuque Fine Arts Section 1. The First Amendment to Lease Society +(Sunday Sale), 1000 Jackson St. Agreement, a copy of which is attached here- CLASS “B” WINE to, is hereby approved. Sid’s Beverage Store, Sid’s Beverage Section 2. The Mayor is hereby authorized Store, 2727 Dodge Street and directed to sign the First Amendment on CLASS “WBN” NATIVE WINE LICENSE behalf of the City of Dubuque, Iowa. th Mandolin Inn, Mandolin Inn, 199 Loras Passed, approved and adopted this 16 day Blvd of August, 2010. Passed, approved and adopted this 16th Roy D. Buol, Mayor day of August, 2010 Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor 350 Regular Session, August 16, 2010 Book 140 ITEMS TO BE SET FOR PUBLIC HEARING Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution Motion by Lynch to receive and file the and a notice to be published as prescribed by documents, adopt the resolutions, set the pub-Iowa Code Section 364.7 of a public hearing lic hearings as indicated, and direct the City on the City’s intent to dispose of the foregoing- th Clerk to publish notice as prescribed by law. described Property, to be held on the 7 day of Seconded by Braig. Motion carried 6-0. August, 2010, at 6:30 o’clock p.m. at the His- toric Federal Building, 650 West Locust, Du- Sale of Property at 1699 Washington buque, Iowa. th Street: City Manager recommending that a Passed, approved and adopted this 16 public hearing be set for September 7, 2010 to day of August, 2010. consider the disposal of property located at Roy D Buol, Mayor 1699 Washington Street. Upon motion the Attest: Jeanne Schneider, CMC, City Clerk documents were received and filed and Reso- lution No. 327-10 Resolution of Intent to dis-Five Points Traffic Signal Reconstruction pose of City-owned property, specifically, Lot 2 Project: City Manager recommending initiation of Lot 86 in East Dubuque Addition in the City of the public bidding process for the Five of Dubuque, County of Dubuque, Iowa, ac-Points Traffic Signal Reconstruction Project cording to the recorded plat thereof, 1699 and that a public hearing be set for September Washington Street was adopted setting a pub-7, 2010 to consider approval of the plans and lic hearing for a meeting to commence at 6:30 specifications, form of contract and estimated p.m. on September 7, 2010 in the Historic cost. Upon motion the documents were re- Federal Building. ceived and filed and Resolution No. 328-10 Preliminary approval of plans, specifications, RESOLUTION NO. 327-10 form of contract, and estimated cost, setting RESOLUTION OF INTENTION TO DISPOSE date of public hearing and ordering bids for the OF CITY-OWNED PROPERTY, SPECIFI- Five Points Traffic Signal Reconstruction CALLY, LOTS TWO (2) OF LOT EIGHTY-SIX Project was adopted setting a public hearing (86) IN EAST DUBUQUE ADDITION IN THE for a meeting to commence at 6:30 p.m. on CITY OF DUBUQUE, COUNTY OF DUBU- September 7, 2010 in the Historic Federal QUE, IOWA, ACCORDING TO THE REC- Building. ORDED PLAT THEREOF, 1699 WASHING- TON STREET RESOLUTION NO. 328-10 5 POINTS TRAFFIC SIGNAL Whereas, the City of Dubuque has pur- RECONSTRUCTION PROJECT chased certain real property for purpose of its PRELIMINARY APPROVAL OF PLANS, rehabilitation and re-sale for owner-occupied SPECIFICATIONS, FORM OF CONTRACT, housing; and AND ESTIMATED COST; SETTING DATE Whereas, the City received an offer to pur- OF PUBLIC HEARING ON PLANS, SPECI- chase this property from a qualifying family; FICATIONS, FORM OF CONTRACT, AND Whereas, such purpose supports the ESTIMATED COST; AND ORDERING THE Neighborhood Stabilization Program and ADVERTISEMENT FOR BIDS Washington Neighborhood Revitalization strategy as approved by the City Council; and NOW THEREFORE, BE IT RESOLVED Whereas, by accepting the selected offer BY THE CITY COUNCIL OF THE CITY OF the City’s objectives of providing first-time ho-DUBUQUE, IOWA: meownership to a lower-income buyer and The proposed plans, specifications, form of rehabilitation of a foreclosed home can be contract and estimated cost for the 5 Points realized; Traffic Signal Reconstruction Project, in the NOW, THEREFORE, BE IT RESOLVED estimated amount $146,752.30, are hereby BY THE CITY COUNCIL OF THE CITY OF preliminarily approved and ordered filed in the DUBUQUE, IOWA: office of the City Clerk for public inspection. th Section 1. That the City of Dubuque, Iowa, A public hearing will be held on the 7 day intends to dispose of its interest in the follow-of September, 2010, at 6:30 p.m. in the Histor- ing legally-described property: ic Federal Building Council Chambers at which “Lot Two (2) of Lot Eighty-Six (86) in East time interested persons may appear and be Dubuque Addition in the City of Dubuque, heard for or against the proposed plans and County of Dubuque, Iowa, according to the specifications, form of contract and estimated recorded Plat thereof, cost of said Project, and the City Clerk be and Section 2. That the City of Dubuque, Iowa, is hereby directed to cause the attached notice proposes to dispose of its interest in the above of the time and place of such hearing to be described real estate to KC James Summers published in a newspaper having general cir- for the sum of $40 000. culation in the City of Dubuque, Iowa, which notice shall be published not less than four Book 140 Regular Session, August 16, 2010 351 days nor more than twenty days prior to the 384.24A and 384.25, Code of Iowa, as date of such hearing. At the hearing, any inter-amended, for the purpose of providing funds to ested person may appear and file objections to pay costs of carrying out an essential corpo- the proposed plans, specifications, form of rate purpose project as hereinafter described; contract, or estimated cost of the Project. and The 5 Points Traffic Signal Reconstruction Whereas, the Loan Agreement and Notes Project is hereby ordered to be advertised for shall be secured by the Debt Service Fund but bids for construction. are expected to be payable from available The amount of the security to accompany Storm Water Utility revenues; and each bid shall be in an amount which shall Whereas, before a Loan Agreement may conform to the provisions of the Notice to Bid-be authorized and General Obligation Capital ders hereby approved. Loan Notes issued to evidence the obligation The City Clerk is hereby directed to adver-of the City thereunder, it is necessary to comp- tise for bids for the construction of the im-ly with the provisions of the City Code of Iowa, provements herein provided, by publishing the as amended, and to publish a notice of the attached Notice to Bidders to be published in a proposal and of the time and place of the newspaper having general circulation in the meeting at which the Council proposes to take City of Dubuque, Iowa, which notice shall be action for the authorization of the Loan published not less than four but not more than Agreement and Notes and to receive oral forty-five days before the date for filing bids and/or written objections from any resident or th before 2:00 p.m. on the 9 day of September, property owner of the City to such action. 2010. Bids shall be opened and read by the NOW, THEREFORE, BE IT RESOLVED City Clerk at said time and will be submitted to BY THE CITY COUNCIL OF THE CITY OF the City Council for final action at 6:30 p.m. on DUBUQUE, IOWA: th the 20 day of September, 2010, in the Histor-Section 1. That this Council meet in the ic Federal Building Council Chambers (second Historic Federal Building, 350 West 6th Street, thth floor), 350 West 6 Street, Dubuque, Iowa. Dubuque, Iowa, at 6:30 o'clock p.m. on the 7 th Passed, adopted and approved this 16 day of September, 2010, for the purpose of day of August, 2010. taking action on the matter of the authorization Roy D. Buol, Mayor of a Loan Agreement and the issuance of not Attest: Jeanne F. Schneider, CMC, City Clerk to exceed $3,000,000 General Obligation Cap- ital Loan Notes to evidence the obligations of General Obligation Loan Notes: City Man-the City thereunder for an essential corporate ager recommending that a public hearing be purpose of the City, the proceeds of which will set for September 7, 2010 to consider the is-be used to pay costs of constructing the Sy- suance of not to exceed $3,000,000 General camore Street and 16th Street bridge im- Obligation Capital Loan Notes. Upon motion provements being undertaken as part of the the documents were received and filed and Bee Branch Creek Restoration Project. Resolution No. 329-10 Fixing date for a meet-Section 2. The Finance Director is autho- ing on the authorization of a Loan and Dis-rized and directed to proceed on behalf of the bursement Agreement and the issuance of not City with the negotiation of terms of a Loan to exceed $3,000,000 General Obligation Cap-Agreement and the issuance of General Obli- ital Loan Notes of Dubuque, Iowa, and provid-gation Capital Loan Notes evidencing the ing for the publication of notice thereof was City's obligations to a principal amount of not adopted setting a public hearing for a meeting to exceed $3,000,000, to distribute a Request to commence at 6:30 p.m. on September 7, for Proposals to purchase the Notes to local 2010 in the Historic Federal Building. financial institutions, to select a date for the final approval thereof, to cause to be prepared RESOLUTION NO. 329-10 such notice and sale information as may ap- RESOLUTION FIXING DATE FOR A MEET- pear appropriate, to distribute the same on ING ON THE AUTHORIZATION OF A LOAN behalf of the City and this Council and other- AGREEMENT AND THE ISSUANCE OF NOT wise to take all action necessary to permit the TO EXCEED $3,000,000 GENERAL OBLI- completion of a loan on a basis favorable to GATION CAPITAL LOAN NOTES OF THE the City and acceptable to the Council. CITY OF DUBUQUE, IOWA, AND PROVID- Section 3. That the Clerk is hereby directed ING FOR PUBLICATION OF NOTICE THE- to cause at least one publication to be made of REOF a notice of the meeting, in a legal newspaper, Whereas, it is deemed necessary and ad-printed wholly in the English language, pub- visable that the City of Dubuque, Iowa, should lished at least once weekly, and having gener- provide for the authorization of a Loan Agree-al circulation in the City. The publication to be ment and the issuance of General Obligation not less than four clear days nor more than Capital Loan Notes, to the amount of not to twenty days before the date of the public meet- exceed $3,000,000, as authorized by Sections ing on the issuance of the Notes. 352 Regular Session, August 16, 2010 Book 140 Section 4. The notice of the proposed ac-Whereas, before a Loan and Disbursement tion shall be in substantially the [provided] Agreement may be authorized and Storm Wa- form. ter Utility Revenue Capital Loan Notes issued th Passed and approved this 16 day of Au-to evidence the obligation of the City the- gust, 2010 reunder, it is necessary to comply with the Roy D. Buol, Mayor provisions of the City Code of Iowa, as Attest: Jeanne F. Schneider, CMC, City Clerk amended, and to publish a notice of the pro- posal and of the time and place of the meeting Sewer Revenue Capital Loan Notes: City at which the Council proposes to take action Manager recommending that a public hearing for the authorization of the Loan and Dis- be set for September 20, 2010 to consider the bursement Agreement and Note and to receive issuance of not to exceed $10,100,000 Sewer oral and/or written objections from any resident Revenue Capital Loan Notes. Upon motion the or property owner of the City to such action, documents were received and filed and Reso-and the right to petition for an election thereon. lution No. 330-10 Fixing date for a meeting on NOW, THEREFORE, BE IT RESOLVED the authorization of a Loan and Disbursement BY THE CITY COUNCIL OF THE CITY OF Agreement and the issuance of not to exceed DUBUQUE, IOWA: $10,100,000 Sewer Revenue Capital Loan Section 1. That this Council meet in the Notes of Dubuque, Iowa, and providing for the Historic Federal Building, 350 West 6th Street, th publication of notice thereof was adopted set-Dubuque, Iowa, at 6:30 o'clock p.m., on the 7 ting a public hearing for a meeting to com-day of August, 2010, for the purpose of taking mence at 6:30 p.m. on September 20, 2010 in action on the matter of the authorization of a the Historic Federal Building. Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Storm RESOLUTION NO. 330-10 Water Utility Revenue Capital Loan Notes to RESOLUTION FIXING DATE FOR A MEET- evidence the obligations of the City thereund- ING ON THE AUTHORIZATION OF A LOAN er, the proceeds of which will be used to pro- AND DISBURSEMENT AGREEMENT AND vide funds to pay the costs of constructing THE ISSUANCE OF NOT TO EXCEED storm water drainage projects and improve- $10,100,000 STORM WATER UTILITY REV- ments, including those costs associated with ENUE CAPITAL LOAN NOTES OF DUBU- the Lower Bee Branch Creek Restoration QUE, IOWA, AND DIRECTING PUBLICA- Project and the refinancing of a portion of the TION OF NOTICE THEREOF $1,889,521 General Obligation Capital Loan Whereas, it is deemed necessary and ad-Notes Anticipation Project Note, Series 2006, visable that the City of Dubuque, Iowa should dated December 28, 2006, issued in respect of provide for the authorization of a Loan and such costs. Disbursement Agreement and the issuance of Section 2. That the Clerk cause publication Storm Water Utility Revenue Capital Loan to be made of a notice of said meeting, in a Notes, in the amount of not to exceed legal newspaper, printed wholly in the English $10,100,000, as authorized by Sections language, published at least once weekly, and 384.24A and 384.84A, Code of Iowa, as having general circulation in said City, said amended, for the purpose of providing funds to publication not less than thirty (30) clear days pay costs as hereinafter described; and before the date of said public meeting on the Whereas, the City has applied for a loan issuance of the Note. through the Iowa Water Pollution Control Section 3. The notice of the proposed ac- Works Financing Program pursuant to which tion shall be in substantially the [provided] the Iowa Finance Authority has agreed to pur-form. th chase the City's Notes and has requested that Passed and approved this 16 day of Au- such Notes be issued as a single Note in a gust, 2010. denomination equal to the total amount of the Roy D. Buol, Mayor issue as authorized by Chapter 384 of the City Attest: Jeanne F. Schneider, CMC Code of Iowa; and 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: Airport Com- Utility; and shall not be general obligations of mission: Two 4-year terms through August 14, the City or payable in any manner by taxation 2014 (Terms of Accinelli and Daoud). Appli- and the City shall be in no manner liable by cants: Steven Accinelli, 3007 Huntington Drive; reason of the failure of the net revenues to be and Charles Daoud, 396 Moore Heights. sufficient for the payment of the Loan and Dis-Appointments to the following bursement Agreement and Note; and Boards/Commissions: Historic Preservation Book 140 Regular Session, August 16, 2010 353 Commission: One 3-year term through July 1, 2100(655)--71-31, in the estimated amount th 2013, (Term of Whalen) West 11 Street His-$2,583,468.00, are hereby approved. th toric Preservation District resident require-Passed, adopted and approved this 16 ment. Applicant: Dr. John Whalen, 1105 High-day of August, 2010. land Place. Motion by Braig to appoint John Roy D. Buol, Mayor Whalen to the Historic Preservation Commis-Attest: Jeanne F. Schneider, CMC, City Clerk th sion (W. 11 Street Historic Preservation Dis- RESOLUTION NO. 332-10 trict) for a 3-year term through July 1, 2013. AWARDING PUBLIC IMPROVEMENT CON- Seconded by Connors. Motion carried 6-0. TRACT FOR THE NORTH CASCADE ROAD PUBLIC HEARINGS RECONSTRUCTION - GRADING & PAVING PROJECT (SOUTHWEST ARTERIAL - PHASE I), IOWA DOT PROJECT NO. HDP- Upon motion the rules were suspended al- 2100(655)--71-31 lowing anyone present to address the City Council. Whereas, said sealed proposals were opened and read by the Iowa Department of th Southwest Arterial Project: North Cascade Transportation on the 20 day of July, 2010 Road Reconstruction: Proof of publication on and it has been determined that C.J. Moyna & notice of public hearing on the plans, specifica-Sons, Inc. of Elkader, Iowa, with a bid in the tions, form of contract and estimated cost for amount of $1,591,521.32 is the lowest respon- the North Cascade Road Reconstruction sive, responsible bidder for the Project. Project (Phase I of the Southwest Arterial NOW THEREFORE, BE IT RESOLVED Project) and City Manager recommending BY THE CITY COUNCIL OF THE CITY OF award of the contract to C.J. Moyna & Sons, DUBUQUE, IOWA: Inc. in the amount of $1,591,521.32, subject to That a Public Improvement Contract for the Iowa Department of Transportation approval. Project is hereby awarded to C.J. Moyna & Motion by Jones to receive and file the docu-Sons, Inc., subject to the concurrence by Iowa ments and adopt Resolution No. 331-10 Ap-Department of Transportation (Iowa DOT), and proving plans, specifications, form of contract the City Manager is hereby directed to execute and estimated cost for the North Cascade a Public Improvement Contract on behalf of Road Reconstruction – Grading and Paving the City of Dubuque for the Project. th Project; and Resolution No. 332-10 Awarding Passed, approved and adopted this 16 public improvement contract for the North day of August, 2010. Cascade Road Reconstruction – Grading and Roy D. Buol, Mayor Paving Project. Seconded by Connors. Robert Attest: Jeanne F. Schneider, CMC, City Clerk Runde, 13097 N. Cascade Road, questioned st how the project will be constructed while allow-Request to Rezone – 380 East 21 Street: ing for through traffic, why the overpasses are Proof of publication on notice of public hearing scheduled for construction ahead of the main to consider a request from Michelle Mihalakis st project, and who will be responsible for main-to rezone property located at 380 East 21 taining the final roadway. Assistant City Engi-Street from R-2A Alternate Two-Family Resi- neer Bob Schiesl stated that it is a more effi-dential District to OR Office Residential District cient and effective expenditure of available and Zoning Advisory Commission recommend- funds to keep the project moving forward add-ing approval. Motion by Connors to receive ing that overpasses will be constructed parallel and file the documents and that the require- to impacted cross roads to allow for through ment that a proposed ordinance be considered traffic and that the County has the responsibili-and voted on for passage at two Council meet- ty of maintaining the final roadway. Motion ings prior to the meeting at which it is to be carried 6-0. passed be suspended. Seconded by Lynch. Motion carried 6-0. Michelle Mihalakis, 2545 RESOLUTION NO. 331-10 Jackson Street; Jenny Manders, 1990 Ellis APPROVAL OF PLANS, SPECIFICATIONS, Street; and Theresa Caldwell, 1633 Elm FORM OF CONTRACT, AND ESTIMATED Street, spoke in support of the proposed or- COST FOR THE NORTH CASCADE ROAD dinance. Planning Services Manager Laura RECONSTRUCTION - GRADING & PAVING Carstens provided a staff report. PROJECT (SOUTHWEST ARTERIAL - Motion by Connors for final consideration PHASE I), IOWA DOT PROJECT NO. HDP- and passage of Ordinance No. 47-10 Amend- 2100(655)--71-31 ing Title 16 of the City of Dubuque Code of That the proposed plans, specifications, Ordinances, Unified Development Code, by form of contract and estimated cost for the reclassifying hereinafter described property st North Cascade Road Reconstruction – Grad-located at 380 East 21 Street from R-2A Al- ing & Paving Project (Southwest Arterial – ternate Two-Family Residential to OR Office Phase I), Iowa DOT Project No. HDP- 354 Regular Session, August 16, 2010 Book 140 OFFICIAL PUBLICATION Residential District. Seconded by Braig. Mo- ORDINANCE NO. 48-10 tion carried 6-0. AMENDING TITLE 16 OF THE CITY OF DU- OFFICIAL PUBLICATION BUQUE CODE OF ORDINANCES, UNIFIED ORDINANCE NO. 47-10 DEVELOPMENT CODE, BY AMENDING AR- AMENDING TITLE 16 OF THE CITY OF DU-TICLE 2 DEFINITIONS BY MODIFYING THE BUQUE CODE OF ORDINANCES, UNIFIED DEFINITION OF TOWNHOUSE. DEVELOPMENT CODE, BY RECLASSIFY- NOW, THEREFORE, BE IT ORDAINED ING HEREINAFTER DESCRIBED PROPER- BY THE CITY COUNCIL OF THE CITY OF ST TY LOCATED AT 380 E. 21 STREET DUBUQUE, IOWA: FROM R-2A ALTERNATE TWO-FAMILY Section 1. That Title 16 of the City of Du- RESIDENTIAL TO OR OFFICE RESIDEN- buque Code of Ordinances, Unified Develop- TIAL DISTRICT. ment Code, is hereby amended by amending NOW, THEREFORE, BE IT ORDAINED Article 2 Definitions by modifying the definition BY THE CITY COUNCIL OF THE CITY OF of townhouse as follows: Townhouse: a one DUBUQUE, IOWA: family dwelling unit, with a private entrance in Section 1. That Title 16 of the City of Du-a group of three or more units, which part of a buque Code of Ordinances, Unified Develop-structure whose dwelling units are attached ment Code, is hereby amended by reclassify-horizontally in a linear arrangement and having ing the hereinafter described property from R-a total exposed front and at least one other 2A Alternate Two-Family Residential District to building wall exposed to allow for access, light OR Office Residential District, to wit: East 41 and ventilation. feet of south 42 feet of Lot 1 of 97 L. H. Lang-Section 2. The foregoing amendment has worthy’s Addition, and to the centerline of the heretofore been reviewed by the Zoning Advi- adjoining public right-of-way, all in the City of sory Commission of the City of Dubuque, Dubuque, Iowa. Iowa. Section 2. The foregoing amendment has Section 3. This ordinance shall take effect heretofore been reviewed by the Zoning Advi-immediately upon publication, as provided by sory Commission of the City of Dubuque, law. th Iowa. Passed, approved and adopted this 16 Section 3. This Ordinance shall take effect day of August, 2010. upon publication, as provided by law. /s/Roy D. Buol, Mayor th Passed, approved and adopted this 16 Attest: day of August, 2010. /s/Jeanne F. Schneider, CMC, City Clerk /s/Roy D. Buol, Mayor Published officially in the Telegraph Herald th Attest: Newspaper the 19 day of August, 2010. /s/Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Newspaper the 19 day of August, 2010. Request for Text Amendment – Commer- /s/Jeanne F. Schneider, CMC, City Clerk cial Recreation District: Proof of publication on notice of public hearing to consider a request Request for Text Amendment – Definition from the City of Dubuque to amend Article 5 – of Townhouse: Proof of publication on notice Unified Development Code to allow upper floor of public hearing to consider a request from housing units in the CR Commercial the City of Dubuque to amend Article 2 – Uni-Recreation District as a permitted use and fied Development Code to modify the definition Zoning Advisory Commission recommending of a townhouse and Zoning Advisory Commis-approval. Motion by Lynch to receive and file sion recommending approval. Motion by Con-the documents and that the requirement that a nors to receive and file the documents and that proposed ordinance be considered and voted the requirement that a proposed ordinance be on for passage at two Council meetings prior considered and voted on for passage at two to the meeting at which it is to be passed be Council meetings prior to the meeting at which suspended. Seconded by Connors. Motion it is to be passed be suspended. Seconded by carried 6-0. Planning Services Manager Laura Braig. Motion carried 6-0. Planning Services Carstens provided a staff report. Manager Laura Carstens provided a staff re-Motion by Lynch for final consideration and port. passage of Ordinance No. 49-10 Amending Motion by Connors for final consideration Title 16 of the City Of Dubuque Code of Ordin- and passage of Ordinance No. 48-10 Amend-ances, Unified Development Code, by amend- ing Title 16 of the City Of Dubuque Code of ing Article 5, Zoning Districts, to allow residen- Ordinances, Unified Development Code, by tial use above the first floor only as a principal amending Article 2 Definitions by modifying the permitted use in the CR Commercial definition of Townhouse. Seconded by Braig. Recreation District. Seconded by Braig. Motion Motion carried 6-0. carried 6-0. Book 140 Regular Session, August 16, 2010 355 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 49-10 ORDINANCE NO. 50-10 AMENDING TITLE 16 OF THE CITY OF DU-AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF ORDINANCES, UNIFIED BUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING AR-DEVELOPMENT CODE, BY AMENDING AR- TICLE 5, ZONING DISTRICTS, TO ALLOW TICLE 5, ZONING DISTRICTS, TO ALLOW RESIDENTIAL USE ABOVE THE FIRST ADDING RESIDENTIAL USE AS A CONDI- FLOOR ONLY AS A PRINCIPAL PERMIT-TIONAL USE IN THE LI LIGHT INDUSTRIAL TED USE IN THE CR COMMERCIAL AND MHI MODIFIED HEAVY INDUSTRIAL RECREATION DISTRICT. DISTRICTS 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 Title 16 of the City of Du-Section 1. That Title 16 of the City of Du- buque Code of Ordinances, Unified Develop-buque Code of Ordinances, Unified Develop- ment Code Article 5-17.1 is hereby amended ment Code Article 5-18.2 and 5-20.2, is hereby as follows: amended as follows: 5-17.1: 5-18.2: 30. Residential use above the first 3. Residential Use floor only. 4. Wind Energy Conversion System 31. Retail sales and service 5-20.2: 32. Tour home 4. Residential Use Section 2. The foregoing amendment has 5. Wind Energy Conversion System heretofore been reviewed by the Zoning Advi-Section 2. The foregoing amendment has sory Commission of the City of Dubuque, heretofore been reviewed by the Zoning Advi- Iowa. sory Commission of the City of Dubuque, Section 3. This ordinance shall take effect Iowa. immediately upon publication, as provided by Section 3. This ordinance shall take effect law. immediately upon publication, as provided by th Passed, approved and adopted this 16 law. th day of August, 2010. Passed, approved and adopted this 16 /s/Roy D. Buol, Mayor day of August, 2010. Attest: /s/Roy D. Buol, Mayor /s/Jeanne F. Schneider, CMC, City Clerk Attest: Published officially in the Telegraph Herald /s/Jeanne F. Schneider, CMC, City Clerk th Newspaper the 19 day of August, 2010. Published officially in the Telegraph Herald th /s/Jeanne F. Schneider, CMC, City Clerk Newspaper the 19 day of August, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request for Text Amendment – Light In- dustrial District: Proof of publication on notice 73 CHS Forwards, LLC – Development of public hearing to consider a request from Agreement: Proof of publication on notice of the City of Dubuque to amend Article 5 – Uni-public hearing to consider entering into a De- fied Development Code to allow residential velopment Agreement with 73 CHS Forwards, use as a conditional use in LI Light Industrial LLC on the property located at 299 Main and MHI Modified Heavy Industrial Districts Street, the former Cooper Wagon Works build- and Zoning Advisory Commission recommend-ing, and City Manager recommending approv- ing approval. Motion by Connors to receive al. Motion by Lynch to receive and file the and file the documents and that the require-documents and adopt Resolution No. 333-10 ment that a proposed ordinance be considered Approving a Development Agreement with 73 and voted on for passage at two Council meet-CHS Forwards, LLC for the property located at ings prior to the meeting at which it is to be 299 Main Street. Seconded by Braig. Res- passed be suspended. Seconded by Lynch. ponding to questions from City Council, Eco- Motion carried 6-0. Planning Services Manag-nomic Development Director Dave Heiar clari- er Laura Carstens provided a staff report. fied that the referenced apartments are mar- Motion by Connors for final consideration ket-rate/workforce housing. Motion carried 6-0. and passage of Ordinance No. 50-10 Amend- RESOLUTION NO. 333-10 ing Title 16 of the City Of Dubuque Code of APPROVING A DEVELOPMENT AGREE- Ordinances, Unified Development Code, by MENT WITH 73 CHS FORWARDS, LLC FOR amending Article 5, Zoning Districts, to allow THE PROPERTY LOCATED AT 299 MAIN adding residential use as a conditional use in STREET. the LI Light Industrial and MHI Modified Heavy Industrial Districts. Seconded by Braig. Motion Whereas, the City of Dubuque, Iowa, has carried 6-0. created Downtown Incentive Programs for the 356 Regular Session, August 16, 2010 Book 140 purpose of stimulating reinvestment in the 10 Directing sale of Water Revenue Bonds, Greater Downtown Urban Renewal District; Series 2010D. Seconded by Braig. Budget and Director Jenny Larson provided a summary of Whereas, the City of Dubuque, Iowa is en-the bond sale. Motion carried 6-0. couraging the use of these loan/grant pro- RESOLUTION NO. 334-10 grams to finance code compliance activities RESOLUTION DIRECTING SALE OF WA- and to spur job creation activities; and TER REVENUE BONDS, SERIES 2010D Whereas, the grant application from 73 CHS Forwards, LLC meets the requirements Whereas, pursuant to notice as required by of this program; and law, bids have been received at public sale for Whereas, it is the determination of this the Bonds described as follows and the best Council that approval of the Development bid received is determined to be the following: Agreement for the rehabilitation of the Property WATER REVENUE BONDS, SERIES 2010D: by 73 CHS Forwards, LLC according to the Bidder: Robert W. Baaird & Co., Inc., terms and conditions set out in the Develop-of Milwaukee, Wisconsin, the terms of ment Agreement is in the public interest of the said bid being: City of Dubuque. Principal Amount: $5,700,000.00 NOW, THEREFORE, BE IT RESOLVED Purchase Price: $5,732,114.45 BY THE CITY COUNCIL OF THE CITY OF True Interest Cost: 3.5352% DUBUQUE, IOWA: Net Interest Cost: $2,580,420.97 Section 1. That the Development Agree-NOW, THEREFORE, BE IT RESOLVED ment with 73 CHS Forwards, LLC is hereby BY THE CITY COUNCIL OF THE CITY OF accepted and approved. DUBUQUE, IOWA: Section 2. That the Mayor is hereby autho-Section 1. That the bid for the Bonds as rized to execute, on behalf of the City Council above set out is hereby determined to be the of the City of Dubuque, Iowa, the attached best and most favorable bid received and, said Development Agreement with 73 CHS For-Bonds are hereby awarded based on said bid. wards, LLC. Section 2. That the form of contract for the Section 3. That the City Manager is hereby sale of said Bonds is hereby approved and the authorized to execute, on behalf of the City Mayor and Clerk are authorized to execute the Council of the City of Dubuque, Iowa, all ne-same on behalf of the City. cessary grant documents and is further autho-Section 3. That the notice of the sale of the rized to disburse grant funds from the Down-Bonds heretofore given and all acts of the town Incentive Programs, in accordance with Clerk done in furtherance of the sale of said the terms and conditions of the executed Bonds are hereby ratified and approved. th agreement. Passed and approved, this 16 day of Au- th Passed, approved and adopted this 16 gust, 2010. day of August, 2010. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk State of Iowa Financial Assistance Applica- Conservation Easement Agreement for tion for Sedgwick Claims Management, Inc.: Preservation of the Dubuque Shot Tower: City Manager recommending approval of a Proof of publication on notice of public hearing financial assistance application to the Iowa to consider a Conservation Easement Agree-Department of Economic Development on ment for Preservation of the Dubuque Shot behalf of Sedgwick Claims Management, Inc. Tower and City Manager recommending ap-Motion by Connors to receive and file the doc- proval. Motion by Lynch to receive and file the uments and adopt Resolution No. 335-10 Au- documents and approve the recommendation. thorizing the filing of an application for State Seconded by Braig. Motion carried 6-0. Financial Assistance on behalf of Sedgwick Claims Management Services, Inc. Seconded Upon motion the rules were reinstated li-by Resnick. Motion carried 6-0. mited discussion to the City Council. RESOLUTION NO. 335-10 ACTION ITEMS AUTHORIZING THE FILING OF AN APPLI- CATION FOR STATE FINANCIAL ASSIS- TANCE ON BEHALF OF SEDGWICK Sale of Water Revenue Bonds – Series CLAIMS MANAGEMENT SERVICES, INC. 2010D: City Manager advising that the results of the sale of $5,700,000 Water Revenue Whereas, Sedgwick Claims Management, Bonds, Series 2010D will be brought to the Inc. has proposed the expansion of its opera- August 16, 2010 City Council meeting for ap-tions in Dubuque, Iowa and Bellevue, Iowa; proval. Motion by Connors to receive and file and the documents and adopt Resolution No. 334- Book 140 Regular Session, August 16, 2010 357 Whereas, the City Council of Dubuque, Bee Branch Creek Reconstruction Project to Iowa has considered said proposal and has Tschiggfrie Excavating Co. in the amount of determined that the proposed project will con-$10,836,588.85. A video regarding the Lower tribute to the local economy through the crea-Bee Branch Creek Reconstruction Project and tion of 150 total jobs; 106 new jobs for area recent flooding in the area was shown. Motion residents and 44 new jobs for the City of Bel-by Connors to receive and file the documents levue; and and adopt Resolution No. 336-10 Awarding Whereas, the Iowa Department of Eco-public improvement contract for the Lower Bee nomic Development's 130% Component Fi-Branch Creek Reconstruction Project. nancial and High Quality Jobs Program Seconded by Braig. Responding to questions (HQJP) Assistance Program was designed to from City Council, Civil Engineer Deron Muehr- assist in the economic development efforts of ing stated that despite improvements in up- local jurisdictions; and stream detention basins, the Bee Branch Whereas, the City of Dubuque, Iowa is eli-Creek sewer is still under capacity adding that gible to apply for funding from the 130% Com-increases in the non-residential storm water ponent program and HQJP Program. fee would be a multiple of the residential storm NOW, THEREFORE, BE IT RESOLVED water fee, which can include credit for pervious BY THE CITY COUNCIL OF THE CITY OF surfaces. Muehring said that final costs could DUBUQUE, IOWA: come in lower than originally bid. Motion car- Section 1. That the filing of an application ried 6-0. for participation in the 130% Component Fi- RESOLUTION NO. 336-10 nancial Assistance Program on behalf of AWARDING PUBLIC IMPROVEMENT CON- Sedgwick Claims Management, Inc. is hereby TRACT FOR THE LOWER BEE BRANCH approved. CREEK RESTORATION PROJECT Section 2. That the local match identified in the application estimated at $467,880 consist-Whereas, sealed proposals have been ing of TIF rebates for increased building valua-submitted by contractors for the Lower Bee tion estimated at $2 million to the company is Branch Creek Restoration Project (the Project) hereby approved, subject to the 130% Com-pursuant to Resolution No. 112-10 and Notice ponent and HQJP application approval. The to Bidders published in a newspaper published Schedule of TIF rebates are as follows: in the City of Dubuque, Iowa on the 23rd day of April, 2010; and 2012 $66,840 Whereas, said sealed proposals were 2013 $66,840 th opened and read on the 25 day of May, 2010 2014 $66,840 and it has been determined that Tschiggfrie 2015 $66,840 Excavating Co. of Dubuque, Iowa, with a bid in 2016 $66,840 the amount of $10,836,588.85, is the lowest 2017 $66,840 responsive, responsible bidder for the Project. 2018 $66,840 NOW THEREFORE, BE IT RESOLVED Section 3. That the Mayor is hereby autho- BY THE CITY COUNCIL OF THE CITY OF rized to execute and the City Manager is here- DUBUQUE, IOWA: by directed to submit said application to the That a Public Improvement Contract for the Iowa Department of Economic Development Project is hereby awarded to Tschiggfrie Ex- together with such documents as may be re- cavating Co. and the City Manager is hereby quired. directed to execute a Public Improvement th Passed, approved, and adopted this 16 Contract on behalf of the City of Dubuque for day of August, 2010. the Project. Roy D. Buol, Mayor th Passed, approved and adopted this 16 Attest: Jeanne Schneider, CMC, City Clerk day of August, 2010. Roy D. Buol, Mayor Every Child / Every Promise: Request of Attest: Jeanne F. Schneider, CMC, City Clerk Community Foundation of Greater Dubuque Vice President of Programs Eric Dregne to Reorganization of the Human Rights De- address the City Council to provide an update partment: City Manager recommending ap- on the efforts of Every Child / Every Promise. proval of a proposed reorganization of the Motion by Jones to receive and file the infor- Human Rights Department to implement one mation. Seconded by Braig. Mr. Dregne, 700 of the Safe Community Task Force recom- Locust Street, provided an oral report. Motion mendations. Motion by Jones to receive and carried 6-0. file the documents and approve the recom- mendation. City Attorney Barry Lindahl ex- Lower Bee Branch Creek Reconstruction plained what City Attorney services would be Project: City Manager recommending award of outsourced and how staff duties would be re- the public improvement contract for the Lower structured to accommodate the Human Rights 358 Regular Session, August 16, 2010 Book 140 BY AND FOR THE BENEFIT OF THE STATE Department work. Seconded by Connors. Mo- OF IOWA, CITY OF DUBUQUE, COUNTY OF tion carried 6-0. DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING Acceptance of Petition and Waiver Agree- DISTRICTS, BE PAID TO A SPECIAL FUND ments – Historic Millwork District: City Manag- FOR PAYMENT OF PRINCIPAL AND IN- er recommending acceptance of the Petition TEREST ON LOANS, MONIES ADVANCED and Waiver Agreements from the property TO AND INDEBTEDNESS, INCLUDING owners donating the right-of-way in the Mill- BONDS ISSUED OR TO BE ISSUED, IN- work District. This item was removed from the CURRED BY SAID CITY IN CONNECTION agenda. WITH THE URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- Antique Police Car: City Manager recom- NEWAL DISTRICT mending acceptance of the charitable donation of an antique 1948 Chevrolet Stylemaster se-Whereas, the City Council of the City of dan which replicates a Dubuque Police De-Dubuque, Iowa (the "City") has heretofore, in partment Accident Prevention Bureau vehicle. Ordinance No. 30-82, provided for the division Motion by Jones to receive and file the docu-of taxes within the original Downtown Dubuque ments and approve the recommendation. Urban Renewal Project, Iowa R-15, described Seconded by Resnick. Motion carried 6-0. in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code Tax Increment Financing Ordinance for the of Iowa; and Greater Downtown Urban Renewal District: Whereas, the original Downtown Dubuque City Manager recommending adoption of an Urban Renewal Project, Iowa R-15, subse- ordinance amending the tax increment financ-quently was amended by Resolution No. 79-71 ing district for the Greater Downtown Urban approved on March 15, 1971, by Resolution Renewal District. Motion by Connors to receive No. 73-74 approved on March 11, 1974, by and file the documents and that the require-Resolution No. 107-82 approved on May 3, ment that a proposed ordinance be considered 1982, by Resolution No. 191-84 approved on and voted on for passage at two Council meet-June 25, 1984, by Resolution No. 371-93 ap- ings prior to the meeting at which it is to be proved on December 6, 1993, by Resolution passed be suspended. Seconded by Braig. No. 145-94 approved on May 2, 1994, by Res- Motion carried 6-0. 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. 51-10 Amend-October 19, 1998 and by Resolution No. 187- ing Ordinance Nos. 58-09, 60-08, 63-07, 20-02 approved on April 1, 2002, which amend- 07, 35-04, 30-82 and 66-89, as previously ments, among other things, added areas re- amended, providing that general property tax-ferred to as the Old Main Subarea, Town es levied and collected each year on all prop-Clock Expansion Subarea and Upper Main erty located within the Greater Downtown Ur-Subarea to the area of the Downtown Dubu- ban Renewal District of the City of Dubuque, que Urban Renewal District; and County of Dubuque, State of Iowa, by and for Whereas, consistent with the foregoing the benefit of the State of Iowa, City of Dubu-amendments, Ordinance No. 30-82 subse- que, County of Dubuque, Dubuque Community quently was amended by Ordinance Nos. 23- School District, and other taxing districts, be 94, 36-94, 67-97, and 26-02 to provide for the paid to a special fund for payment of principal division of taxes within the several subareas of and interest on loans, monies advanced to and the amended Downtown Dubuque Urban Re- indebtedness, including bonds issued or to be newal District; and issued, incurred by said City in connection with Whereas, the City Council of the City has the Urban Renewal Plan for the Greater Down-heretofore, in Ordinance No. 66-89, provided town Urban Renewal District. Seconded by for the division of taxes within the original Ice Braig. Motion carried 6-0. Harbor Urban Renewal District, described in Resolution No. 403-89 adopted on December OFFICIAL PUBLICATION 18, 1989, pursuant to Section 403.19 of the ORDINANCE NO. 51-10 Code of Iowa; and AMENDING ORDINANCE NOS. 58-09, 60-08, Whereas, the original Ice Harbor Urban 63-07, 20-07, 35-04, 30-82 AND 66-89, AS Renewal District subsequently was amended PREVIOUSLY AMENDED, PROVIDING by Resolution No. 241-00 approved on June 5, THAT GENERAL PROPERTY TAXES LE- 2000 and by Resolution 114-02 approved on VIED AND COLLECTED EACH YEAR ON March 4, 2002, which amendments, among ALL PROPERTY LOCATED WITHIN THE other things, added an additional area referred GREATER DOWNTOWN URBAN RENEWAL to as Subarea B to the area of the Ice Harbor DISTRICT OF THE CITY OF DUBUQUE, Urban Renewal District; and COUNTY OF DUBUQUE, STATE OF IOWA, Book 140 Regular Session, August 16, 2010 359 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 Dubuque Whereas, the Urban Renewal Plan for the Urban Renewal District and the original Ice Greater Downtown Urban Renewal District Harbor Urban Renewal District and their re-was further amended and restated as an spective Subareas were combined into a sin-Amended and Restated Urban Renewal Plan, gle urban renewal area, under the terms of an pursuant to Resolution No. 393-09 approved 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, consistent with the foregoing amendment, Ordinance Nos. 30-82 and 66-89 amendment, Ordinance No. 60-08 was were amended by Ordinance No. 35-04 to amended by Ordinance No. 58-09 to provide provide for the division of taxes within the vari-for the division of taxes within the Cable Car ous sub-areas of the Greater Downtown Urban Subarea of the Greater Downtown Urban Re- Renewal District; and newal District; and Whereas, the Urban Renewal Plan for the Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District Greater Downtown Urban Renewal District was amended and restated as an Amended was further amended and restated as an and Restated Urban Renewal Plan, pursuant Amended and Restated Urban Renewal Plan, to Resolution No. 108-07 approved on Febru-pursuant to Resolution No. 269-10 approved ary 20th, 2007, to provide for, among other on July 19, 2010, for the purpose of expanding things, the further expansion of the Greater the Greater Downtown Urban Renewal District Downtown Urban Renewal District to include to include additional areas described as the additional areas described as the Ice Harbor Bluff Street Subarea, and Subarea C; and Whereas, indebtedness has been incurred Whereas, consistent with the foregoing by the City, and additional indebtedness is amendment, Ordinance No.35-04 was anticipated to be incurred in the future, to amended by Ordinance No. 20-07 to provide finance urban renewal project activities within for the division of taxes within Ice Harbor Sub-the combined area known as the Greater area C of the Greater Downtown Urban Re-Downtown Urban Renewal District (the newal District; and “Greater Downtown Urban Renewal District”), Whereas, the Urban Renewal Plan for the and the continuing needs of redevelopment Greater Downtown Urban Renewal District within the Greater Downtown Urban Renewal was further amended and restated as an District are such as to require the continued Amended and Restated Urban Renewal Plan, application of the incremental tax resources of pursuant to Resolution No. 597-07 approved the Greater Downtown Urban Renewal District; on December 17, 2007, for the purpose of and expanding the Greater Downtown Urban Re-Whereas, the following enactment is ne- newal District to include additional areas de-cessary to accomplish the objectives de- scribed as the Warehouse Subarea and the scribed in the premises. South Main Subarea, and NOW, THEREFORE, BE IT ORDAINED Whereas, consistent with the foregoing BY THE CITY COUNCIL OF THE CITY OF amendment, Ordinance No. 20-07 was DUBUQUE, IOWA, THAT: amended by Ordinance No. 63-07 to provide Ordinance No. 58-09 (amending Ordinance for the division of taxes within the Warehouse 60-08, Ordinance 63-07, amending Ordinance Subarea and the South Main Subarea of the No. 20-07, amending Ordinance No. 35-04, Greater Downtown Urban Renewal District; amending Ordinance No. 30-82, as amended and by Ordinance Nos. 23-94, 36-94, 67-97, and Whereas, the Urban Renewal Plan for the 26-02, and Ordinance No. 66-89, as amended Greater Downtown Urban Renewal District by Ordinance No. 97-00) is hereby amended was further amended and restated as an to read as follows: Amended and Restated Urban Renewal Plan, Section 1: For purposes of this Ordinance, pursuant to Resolution No. 300-08 approved the following terms shall have the following on September 2, 2008, for the purpose of ex-meanings: panding the Greater Downtown Urban Renew-(a) Original Town Clock Subarea al District to include additional areas described shall mean that portion of the as the South Port Subarea; and Amended Project Area initially de- 360 Regular Session, August 16, 2010 Book 140 scribed in the Urban Renewal Plan to the north right-of-way line of the for the Downtown Dubuque Urban Locust Street Connector; thence east Renewal Project, Iowa R-15, ap-along the north right-of-way line of the proved by Resolution No. 123-67 on Locust Street Connector to the west May 18, 1967, as amended by the right-of-way line of Highways 151/61; Amended and Restated Urban Re-thence north along the west right-of- newal Plan for the Greater Downtown line of Highways 151/61 to the point Urban Renewal District approved by of beginning. Resolution No. 108-07 on February (c) Town Clock Expansion Sub- 20th, 2007, which Original Town area shall mean that portion of the Clock Subarea includes the lots and Amended Project Area initially de- parcels located within the area now scribed in the Amended and Restated legally described as follows: Urban Renewal Plan for the Down- Beginning at the intersection of town Dubuque Urban Renewal Dis- the north right-of-way line of Ninth trict approved by Resolution No. 479- Street with the east right-of-way line 97 on November 17, 1997, which of Central Avenue; thence south Town Clock Expansion Subarea in- along the east right-of-way line of cludes the lots and parcels located Central Avenue to its intersection with within the area legally described as the south right-of-way line of Fourth follows: Street; thence west along the south South 1/2 of City Lot 167, City Lot right-of-way line of Fourth Street to its 168 and City Lot 168A; Lots 1 & 2 of intersection with the west right-of-way City Lots 204, 205, 206, 207 and 208, line of Locust Street; thence north N. 23' of City Lot 263, S. 28.5' of City along the west right-of-way line of Lo-Lot 263, N. 1/2 of City Lot 262, S. 1/2 cust Street to its intersection with the of City Lot 262, N. 1/2 of City Lot 261, north right-of-way line of Ninth Street, all in Section 24, Township 89 North, but also including the adjacent City Range 2 East, 5th P.M., Dubuque Lots 623 and 624 (Dubuque Museum County, Iowa and any adjoining pub- of Art), the Locust Street Parking lic right-of-way. Ramp between 8th and 9th Streets (d) Upper Main Subarea shall and the former U.S. Federal Building mean that portion of the Amended located on City Lots 101, 102, 139, Project Area initially described in the 140, and the N 54.5’ of City Lots 103 Amended and Restated Urban Re- & 138, and the vacated alley between newal Plan for the Downtown Dubu- said lots; thence east along the north que Urban Renewal District approved right-of-way line of Ninth Street to its by Resolution No. 187-02 on April 1, intersection with the east right-of-way 2002, as amended by the Amended line of Central Avenue, but also in-and Restated Urban Renewal Plan cluding the adjacent Iowa Inn proper-for the Greater Downtown Urban Re- ty and the public parking lot known as newal District approved by Resolution Parking Lot Number 1 located be-No. 108-07 on February 20th, 2007, tween 9th and 10th Streets east of which Upper Main Subarea includes Iowa Street, to the point of beginning. the lots and parcels located within the (b) Old Main Subarea shall mean area legally described as follows: that portion of the Amended Project On the North by Fourteenth Area initially described in the Street, on the West by Locust Street Amended and Restated Urban Re-but also including adjacent City Lots newal Plan for the Downtown Dubu-660, 659, 658A and 658 except the que Urban Renewal District approved south 1’ of City Lot 658 (Carnegie- by Resolution No. 145-94 on May 2, Stout Public Library), on the South by 1994, which Old Main Subarea in-the Town Clock Expansion Subarea cludes the lots and parcels located and on the East by Central Avenue, within the area legally described as including all public rights-of-way. follows: (e) Ice Harbor Subarea A shall Beginning at the intersection of mean that portion of the Amended the south right-of-way line of Fourth Project Area initially described in the Street with the east right-of-way line Urban Renewal Plan for the Ice Har- of Central Avenue; thence west along bor Urban Renewal District approved the south right-of-way line of Fourth by Resolution No. 403-89 on Decem- Street to the west right-of-way line of ber 18, 1989, which Ice Harbor Sub- Locust Street; thence south along the area A includes the lots and parcels west right-of-way line of Locust Street Book 140 Regular Session, August 16, 2010 361 located within the area legally de-with the centerline of 12th Street; scribed as follows: thence northeasterly along the cen- that area generally bounded on terline of 12th Street and extension the north by the public alley located thereof to a point of intersection with between the vacated Fourth Street the centerline of US Highways 151 and Third Street, on the west by the and 61; thence southwesterly along Chicago, Central and Pacific Railroad the centerline of US Highways 151 right-of-way, on the south by East and 61 to a point of intersection with First Street and on the east by the the centerline of 4th Street extended; municipal limits of the City of Dubu-thence southwesterly along the cen- que, Iowa and including any adjoining terline of 4th Street and extension public right-of-way. thereof to a point of intersection with (f) Ice Harbor Subarea B shall the centerline of Central Avenue; mean that portion of the Amended thence northwesterly along the cen- Project Area initially described in the terline of Central Avenue to a point of Amended and Restated Urban Re-intersection with the centerline of 9th newal Plan for the Ice Harbor Urban Street; thence southwesterly along Renewal District approved by Resolu-the centerline of 9th Street to a point tion No. 241-00 on June 5, 2000, of intersection with the westerly line which Ice Harbor Subarea B includes of City Lot 259 extended southerly; the lots and parcels located within the thence northwesterly along the wes- area legally described as follows: terly line of City Lot 259, and Lots 1 that area generally bounded on and 2 of the Subdivision of the South the north and west by the Chicago, ½ of City Lot 261 and City Lot 260 to Central and Pacific Railroad right-of-the southwest corner of the N ½ of way, on the south by the northerly City Lot 261; thence northeasterly boundary of the Ice Harbor Subarea along the southerly line of the N ½ of A and on the east by the municipal City Lot 261 and extension thereof to limits of the City of Dubuque, Iowa a point of intersection with the center- (excluding Lot 1 Adams Co.'s 2nd line of Central Avenue; thence north- Addition) and including any adjoining westerly along the centerline of Cen- public right-of-way. tral Avenue to a point of intersection (g) Ice Harbor Subarea C shall of 11th Street also being point of be- mean a portion of the Amended ginning; and including any adjoining Project Area added by the Amended public right-of-way. and Restated Urban Renewal Plan (i) South Main Subarea shall for the Greater Downtown Urban Re-mean a portion of the Amended newal District approved by Resolution Project Area added by the Amended No. 108-07 on February 20th, 2007, and Restated Urban Renewal Plan consisting of Lot 1 Adams Co.’s 2nd for the Greater Downtown Urban Re- Addition and any adjoining public newal District approved by Resolution right-of-way. No. 597-07 on December 17, 2007, (h) Warehouse Subarea shall which South Main Subarea includes mean a portion of the Amended the lots and parcels located within the Project Area added by the Amended area legally described as follows: and Restated Urban Renewal Plan Commencing as a point of refer- for the Greater Downtown Urban Re-ence at a point of intersection of the newal District approved by Resolution centerline of Locust Street with the No. 597-07 on December 17, 2007, Locust Street Connector in the City of which Warehouse Subarea includes Dubuque, Dubuque County, Iowa, the lots and parcels located within the said point being the point of begin- area legally described as follows: ning; thence northeasterly along the Commencing as a point of refer-centerline of the Locust Street Con- ence at the intersection of the center-nector to a point of intersection with lines of 11th Street and Central Ave-the centerline of US Highways 52, 61, nue in the City of Dubuque, Dubuque and 151; thence southeasterly along County, Iowa, said point being the the centerline of US Highways 52, 61, point of beginning; thence northeas-and 151 to a point of intersection with terly along the centerline of 11th the centerline of the eastern section Street to a point of intersection with of Jones Street extended southwes- the centerline of White Street; thence terly; thence southwesterly along said northwesterly along the centerline of extension of the centerline of the White Street to a point of intersection eastern section of Jones Street to a 362 Regular Session, August 16, 2010 Book 140 point of intersection with the center-terly right of way line of vacated Wa- line of Main Street; thence northwes-ter Street; Thence northwesterly terly along the centerline of Main along said easterly line to the south- Street to a point of intersection with westerly corner of lot 2 of said Block the centerline of Jones Street; thence 17; Thence westerly along the exten- northwesterly along the centerline of sion of the southerly line of said Lot 2 Jones Street to a point of intersection to the westerly line of Vacated Water with the easterly line of Lot 2D of va-Street; Thence southeasterly along cated Shields Street extended nor-said westerly right of way line to the therly; thence southeasterly along the southerly corner of lot 2 of Block 18 of easterly line of Lot 2D of vacated Dubuque Harbor Company’s Addi- Shields Street to the southeasterly tion; Thence northwesterly along the corner of said Lot 2D; thence south-westerly line of said lot 2 to a point of westerly along the southerly lines of intersection with the southerly right of Lot A and Lot 2D of vacated Shields way line of vacated Charter St; Street and Lot 1 of 2 of City Lot 543 Thence southwesterly along said right extended westerly to a point of inter-of way line and extension thereof the section with the centerline of Locust centerline of South Main Street; Street; thence northeasterly along the Thence northwesterly along said cen- centerline of Locust Street to a point terline to the northerly line of lot 5, of intersection with the centerline of Block 13 Dubuque Harbor Company’s the Second Street Connector, also Addition extended northeasterly; being the point of beginning; and in-Thence southwesterly along said line cluding any adjoining public right-of-to the easterly line of lots 7 and 8 of way. said Block 13; Thence southeasterly (j) South Port Subarea shall mean along the easterly lines of said lots 7 a portion of the Amended Project & 8 and extension thereof to the cen- Area added by the Amended and terline of Charter Street; Thence Restated Urban Renewal Plan for the southwesterly along said centerline to Greater Downtown Urban Renewal the centerline of Salina Street; District approved by Resolution No. Thence northwesterly along said cen- 300-08 on September 2, 2008, which terline to the northerly line of lot 1 of 3 South Port Subarea includes the lots of Block C of Industrial Sub. No. 1 ex- and parcels located within the area tended northeasterly; Thence south- legally described as follows: westerly along the northerly lines of Beginning at a point of reference said lot 1 of 3 and Lot 2 of said Block at 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; Book 140 Regular Session, August 16, 2010 363 Thence northwesterly along said cen-right of way line of W. Fourth Street; terline to a point of intersection with Thence northeasterly across W. the southerly right of way line of East Fourth Street to the southwest corner First Street; Thence southeasterly of Lot 1 of Evan’s Place, said point along said right of way line to the also being on the northerly right of point of beginning. way line of W. Fourth Street; Thence (k) Cable Car Subarea shall mean northwesterly along the west line of a portion of the Amended Project said Lot 1 to the southeast corner of Area added by the Amended and Lot 34 of Cooper Heights Addition; Restated Urban Renewal Plan for the Thence continuing northwesterly Greater Downtown Urban Renewal along the easterly line of Lots 34, 35, District approved by Resolution No. 36 and 37 of Cooper Heights Addition 393-09 on October 5, 2009, which to a point of intersection with the sou- Cable Car Subarea includes the lots therly right of way line of W. Fifth and parcels located within the area Street; Thence northeasterly to a legally described as follows: point of intersection in the centerline Commencing as a point of refer-of W. Fifth Street approximately 270 ence at the intersection of the center-feet southwesterly of the centerline of lines of Second Street and Locust Bluff Street; Thence northwesterly Street in the City of Dubuque, Dubu-along the centerline of W. Fifth Street que County, Iowa, said point being to a point of intersection with the sou- the point of beginning; Thence sou-therly line of Coriell’s Dubuque also theasterly along the centerline of Lo-being the northerly right of way line of cust Street to a point of intersection W. Fifth Street; Thence northeasterly with the centerline of First Street; along said right of way line of W. Fifth Thence southwesterly along the cen-St. to the southwest corner of Lot 1 of terline of First Street to a point of in-City Lot 690;Thence northwesterly tersection with the centerline of Bluff along the westerly line of said Lot 1 to Street; Thence northwesterly along the northwest corner of said Lot the centerline of Bluff Street to a point 1;Thence northeasterly along the nor- of intersection with the centerline of therly line of said Lot 1 to the north- Emmett Street; Thence southwesterly east corner of said Lot 1;Thence sou- along the centerline of Emmett Street theasterly along the easterly line of to a point of intersection with the cen-said Lot 1 to a point of intersection terline of St. Mary’s Street; Thence with the northerly line of the south northwesterly along the centerline of 62.5 ft. of the north 64 ft. of City lot St. Mary’s Street and to a point of in-617;Thence northeasterly along said tersection with the northerly line of northerly line and extension thereof to Cathedral Center extended south-a point of intersection with the center- westerly; Thence northeasterly along line of Bluff Street; Thence southeas- the northerly line of Cathedral Center terly along the centerline of Bluff to a point of intersection with the wes-Street to a point of intersection with terly 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) Bluff Street Subarea shall Thence northeasterly along said sou-mean a portion of the Amended therly line to a point of intersection Project Area added by the Amended with the westerly line of Lot 2 of 2 of and Restated Urban Renewal Plan City Lot 692;Thence northwesterly for the Greater Downtown Urban Re- along said westerly line and westerly newal District approved by Resolution line of Lot 1 of 2 of City Lot 692 to a No. 269-10 on July 19, 2010, which point of intersection with the southerly Bluff Street Subarea includes the lots 364 Regular Session, August 16, 2010 Book 140 and parcels located within the area West Eighth Street; thence northwes- legally described as follows: terly along said centerline of West Commencing as a point of refer-Eighth Street to a point of intersection ence at the intersection of the center-with the westerly line of Lot 1 of the lines of W. Sixth Street and Bluff Subd’n. of City Lot 688 and part of Street in the City of Dubuque, Dubu-City Lot 654 extended southerly; que County, Iowa, said point being thence northwesterly along said wes- the point of beginning; thence sou-terly line of Lot 1 and extension the- theasterly along the centerline of Bluff reof northerly to a point of intersection Street to a point of intersection with with the centerline of West Ninth the northerly line of the south 62.5 ft. Street; thence southwesterly along of the north 64 ft. of City Lot 617 ex-the centerline of West Ninth Street to tended southeasterly; thence south-a point of intersection with the sou- westerly along said northerly line to therly extension of the westerly line of the easterly line of Lot 1 of City Lot Lot 2 of Lot 12 of Central Addition; 690; thence northwesterly along the thence northwesterly along said wes- easterly line of said Lot 1 to the terly right of Lot 2 of Lot 12 to the northeast corner of said Lot 1; thence northwest corner of said Lot; thence southwesterly along the northerly line northeasterly along the northerly line of said Lot 1 to the northwest corner of said Lot 2 of Lot 12 to the north- of said Lot 1; thence southeasterly east corner of said Lot; thence sou- along the westerly line of said Lot 1 to theasterly along said easterly line of a point of intersection with northerly said Lot 2 of Lot 12 to the southwest right of way line of W. Fifth Street; corner of Lot 1 of Lot 11 of Central thence southwesterly along said right Addition; thence northeasterly along of way line of W. Fifth St. to the the southerly line of Lot 1 of Lot 11 southeast corner of the South 73’ of and Lot 1 of Lot 10 of Central Addi- Lot 13 of Coriell’s Dubuque; thence tion to a point of intersection with the northwesterly 73’ along the easterly westerly line of Lot 1 of Lot 9 of Cen- line of said South 73’ of Lot 13 of Co-tral Addition; thence northwesterly riell’s Dubuque to the northeast cor-along said westerly line of Lot 1 of Lot ner of the South 73’ of Lot 13 of Co-9 to a point of intersection with the riell’s Dubuque; thence southwesterly southerly right of way line of a public along the northerly line of said South alley in Central Addition; thence nor- 73’ of Lot 13 of Coriell’s Dubuque to a theasterly along said southerly line to point of intersection with westerly line a point of intersection with the wester- of Lot 13 of Coriell’s Dubuque; thence ly line of Lot 1 of 1 of 10 of Lorimer’s northwesterly along said westerly line Subdivision; thence northwesterly of Lot 13 to a point of intersection along said westerly line of said Lot 1 with the southerly line of Lot 33 of Co-of 1 of 10 to the northerly line of Lo- riell’s Dubuque; thence northeasterly rimer’s Subdivision; thence northeas- along said southerly line of Lot 33 to terly along the northerly line of Lori- a point of intersection with the wester-mer’s Subdivision to the southeast ly line of Lot 14 of Coriell’s Dubuque’ corner of a public alley between Cor- thence northwesterly along said wes-kery’s Subdivision and City Lot 655; terly line of said Lot 14 to a point of thence northwesterly along the eas- intersection with the southerly line of terly right of way line of said alley to a Lot 34 of Coriell’s Dubuque; thence point of intersection with West Ele- northeasterly along said southerly line venth Street; thence southwesterly of Lot 34 to the easterly line of Co-along centerline of West Eleventh riell’s Dubuque; thence northwesterly Street to a point of intersection with along said easterly line Lots 34, 35, the centerline of Grove Terrace; 36, 37, 38, and 44 of Coriell’s Dubu-thence northwesterly along centerline que to the northwest corner of the of Grove Terrace to a point of inter- North 50’ of Lot 1 of Lot 1 of City Lot section with the northerly right of way 653; thence northeasterly along the line of Arlington Street; thence nor- northerly line of said North 50’ of Lot theasterly along the northerly right of 1 of Lot 1 of City Lot 653 to the way line of Arlington Street to the southeast corner of Lot 1 of McKin-southeast corner of City Lot 769B; lay’s Subdivision; thence northwester-thence northwesterly along the eas- ly along said easterly line of said Lot terly line of said City Lot 769B to a 1 and extension thereof to a point of point of intersection with the southerly intersection with the centerline of line of Lot 3 of Brown’s Subdivision; Book 140 Regular Session, August 16, 2010 365 thence southwesterly along the sou-que, Iowa included within the Original therly line of said Lot 3 to the south-Town Clock Subarea, the Old Main west corner of said lot; thence north-Subarea, the Town Clock Expansion westerly along the westerly line of Subarea, the Ice Harbor Subarea A, said Lot 3 and extension thereof to a the Ice Harbor Subarea B, the Ice point of intersection with the center-Harbor Subarea C, the Warehouse line of Loras Boulevard; thence nor-Subarea, the South Main Subarea, theasterly along said centerline to a the South Port Subarea, the Cable point of intersection with the center-Car Subarea, and the Bluff Street line of Locust Street; thence sou-Subarea, each as described in this theasterly along the centerline of Lo-Section. cust Street to a point of intersection (n) Urban Renewal Plan shall with the centerline of W. Eleventh mean the Amended and Restated Street; thence southwesterly along Urban Renewal Plan for the Greater the centerline of W. Eleventh Street Downtown Urban Renewal District, to a point of intersection with the cen-approved by Resolution No. 269-10 terline of Bluff Street; thence sou-on July 19, 2010, as the same may theasterly along the centerline of Bluff be amended from time to time. Street to a point of intersection with Section 2: The taxes levied on the taxable the extension of the southerly line of property in the Amended Project Area, legally City Lot 658A; thence northeasterly described in Section 1 hereof, by and for the along the southerly line of City Lot benefit of the State of Iowa, City of Dubuque, 658A extended and the southerly line County of Dubuque, Dubuque Community of City Lot 658, except the southerly School District, and all other taxing districts one foot thereof, extended to a point from and after the effective date of this Ordin- of intersection with the centerline of ance shall be divided as hereinafter in this Locust Street; thence southeasterly Ordinance provided. along the centerline of Locust Street Section 3: As to the Original Town Clock to a point of intersection with the cen-Subarea, that portion of the taxes which would terline of West Ninth Street; thence be produced by the rate at which the tax is southwesterly along the centerline of levied each year by or for each of the taxing West Ninth Street to a point of inter-districts taxing property in the Original Town section with the centerline of Bluff Clock Subarea upon the total sum of the as- Street; thence southeasterly along sessed value of the taxable property in the the centerline of Bluff Street to a point Original Town Clock Subarea as shown on the of intersection with the centerline of assessment roll as of January 1, 1966, being West Eighth Street; thence northeas-the assessment roll last equalized prior to the terly along the centerline of West date of the initial adoption of the Urban Re- Eighth Street to a point of intersection newal Plan for the Downtown Dubuque Urban with the centerline of Locust Street; Renewal Project, Iowa R-15, shall be allocated thence southeasterly along the cen-to and when collected be paid into the fund for terline of Locust Street to a point of the respective taxing district as taxes by or for intersection with the northerly line of said taxing district into which all other property City Lot 624 extended northeasterly; taxes are paid. The taxes so determined shall thence southwesterly along the nor-be referred herein as the "base period taxes" therly line of City Lot 624 extended for such subarea. southeasterly to the centerline of a As to the Old Main Subarea, base pe- public alley; thence southeasterly riod taxes shall be computed in the same along the centerline of a public alley manner using the total assessed value to a point of intersection with the cen-shown on the assessment roll as of Janu- terline of W. Seventh Street; thence ary 1, 1993, being the assessment roll as northeasterly along the centerline of of January 1 of the calendar year preced- W. Seventh Street to a point of inter-ing the effective date of Ordinance No. 23- section with Locust Street; thence 94. southeasterly along the centerline of As to the Town Clock Expansion Sub- Locust Street to a point of intersection area, base period taxes shall be computed with West Sixth Street; thence south-in the same manner using the total as- westerly along the centerline of West sessed value shown on the assessment Sixth Street to a point of intersection roll as of January 1, 1996, being the as- with Bluff Street said point being the sessment roll as of January 1 of the calen- point of beginning. dar year preceding the effective date of (m) Amended Project Area shall Ordinance No. 67-97. mean the areas of the City of Dubu- 366 Regular Session, August 16, 2010 Book 140 As to the Upper Main Subarea, base value shown on the assessment roll as of period taxes shall be computed in the January 1, 2009, being the first day of the same manner using the total assessed calendar year preceding the effective date value shown on the assessment roll as of of this Ordinance. January 1, 2001, being the assessment roll Section 4: That portion of the taxes each as of January 1 of the calendar year pre-year in excess of the base period taxes for the ceding the effective date of Ordinance No. Amended Project Area, determined for each 26-02. subarea thereof as provided in Section 3 of As to the Ice Harbor Subarea A, base this Ordinance, shall be allocated to and when period taxes shall be computed in the collected be paid into the special tax increment same manner using the total assessed fund previously established by the City of Du- value shown on the assessment roll as of buque to pay the principal of and interest on January 1, 1988, being the assessment roll loans, monies advanced to, or indebtedness, as of January 1 of the calendar year pre-whether funded, refunded, assumed or other- ceding the effective date of Ordinance No. wise, including bonds issued under authority of 66-89. Section 403.9 or Section 403.12 of the Code of As to the Ice Harbor Subarea B, base Iowa, incurred by the City of Dubuque, Iowa to period taxes shall be computed in the finance or refinance, in whole or in part, urban same manner using the total assessed renewal projects undertaken within the value shown on the assessment roll as of Amended Project Area pursuant to the Urban January 1, 1999, being the assessment roll Renewal Plan, except that taxes for the regular as of January 1 of the calendar year pre-and voter-approved physical plant and equip- ceding the effective date of Ordinance No. ment levy of a school district imposed pursuant 97-00. to Section 298.2 of the Code of Iowa (but only As to the Ice Harbor Subarea C, base to the extent required under Section 403.19(2)) period taxes shall be computed in the and taxes for the payment of bonds and inter- same manner using the total assessed est of each taxing district shall be collected value shown on the assessment roll as of against all taxable property within the January 1, 2006, being the assessment roll Amended Project Area without any limitation as of January 1 of the calendar year pre-as hereinabove provided. ceding the effective date of Ordinance No. Section 5: Unless or until the total as- 20-07. sessed valuation of the taxable property in the As to the Warehouse Subarea, base subareas of the Amended Project Area ex- period taxes shall be computed in the ceeds the total assessed value of the taxable same manner using the total assessed property in said subareas shown by the as- value shown on the assessment roll as of sessment rolls referred to in Section 3 of this January 1, 2006, being the first day of the Ordinance, all of the taxes levied and collected calendar year preceding the effective date upon the taxable property in the Amended of Ordinance No. 63-07. Project Area shall be paid into the funds for the As to the South Main Subarea, base respective taxing districts as taxes by or for the period taxes shall be computed in the taxing districts in the same manner as all other same manner using the total assessed property taxes. value shown on the assessment roll as of Section 6: At such time as the loans, mo- January 1, 2006, being the first day of the nies advanced, bonds and interest thereon calendar year preceding the effective date and indebtedness of the City of Dubuque re- of Ordinance No. 63-07. ferred to in Section 4 hereof have been paid, As to the South Port Subarea, base pe-all monies thereafter received from taxes upon riod taxes shall be computed in the same the taxable property in the Amended Project manner using the total assessed value Area shall be paid into the funds for the re- shown on the assessment roll as of Janu-spective taxing districts in the same manner as ary 1, 2007, being the first day of the ca-taxes on all other property. lendar year preceding the effective date of Section 7: All ordinances or parts of ordin- Ordinance No. 60-08. ances in conflict with the provisions of this As to the Cable Car Subarea, base pe-Ordinance are hereby repealed. The provi- riod taxes shall be computed in the same sions of this Ordinance are intended and shall manner using the total assessed value be construed so as to continue the division of shown on the assessment roll as of Janu-taxes from property within the Amended ary 1, 2008, being the first day of the ca-Project Area under the provisions of Section lendar year preceding the effective date of 403.19 of the Code of Iowa, as authorized in Ordinance 58-09. Ordinance Nos. 58-09, 60-08, 63-07, 20-07, As to the Bluff Street Subarea, base 35-04, 30-82 and 66-89, as amended by Or- period taxes shall be computed in the dinance Nos. 23-94, 36-94, 67-97, 26-02 and same manner using the total assessed Book 140 Special Session, August 17, 2010 367 CITY OF DUBUQUE, IOWA 97-00, and to fully implement the division of taxes in the Bluff Street Subarea. In the event CITY COUNCIL that any provision of this Ordinance shall be OFFICIAL determined to be contrary to law it shall not PROCEEDINGS affect other provisions or application of this Ordinance which shall at all times be con- strued to fully invoke the provisions of Section The Dubuque City Council met in special 403.19 of the Code of Iowa with reference to session at 4:30 p.m. on August 17, 2010 at the the Amended Project Area and the territory Grand River Center. contained therein. Section 8: This Ordinance shall be in effect Present: Mayor Buol, Council Members after its final passage, approval and publica- Braig, Connors, Jones, Lynch, Resnick, City tion as provided by law. Manager Van Milligen, City Attorney Lindahl th Passed and approved this 16 day of Au- gust, 2010. Absent: Council Member Voetberg /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mayor Buol read the call and stated this is Read first time: August 16, 2010 a special session of the City Council called for Read second time: August 16, 2010 the purpose of conducting a Leadership and Read third time: August 16, 2010 Strategic Planning Workshop with Lyle Sumek Passed and Approved: August 16, 2010 facilitating. Published: August 20, 2010 Published officially in the Telegraph Herald The 2009-2010 Performance Report was th Newspaper the 20 day of August, 2010. reviewed and the top successes for the past /s/Jeanne F. Schneider, CMC, City Clerk year and the actions associated with each were discussed and refined. Dubuque County Historical Society Lease for Mississippi Plaza Property – Tabled from The City Council approved the City of Du- August 2, 2010 Meeting: City Manager re- buque Vision 2025 as: “Dubuque is a pro- commending approval of the amended lease gressive, sustainable City with a strong diversi- agreement between the Dubuque County His- fied economy and expanding global connec- torical Society and the City of Dubuque for the tions; the Dubuque Community is an inclusive development of the proposed Mississippi Pla- community celebrating culture and heritage za, subject to the approval of the associated and has actively preserved our Masterpiece on sub-lease agreements and the Vision Iowa the Mississippi; Dubuque Citizens experience contract. healthy living and retirement through quality Vision Iowa: River Enhancement Commu- livable neighborhoods with an abundance of nity Attraction and Tourism Program Grant fun things to do and are engaged in the com- Agreement: City Attorney recommending ap- munity achieving goals through partnerships; proval of a proposed River Enhancement and Dubuque City Government is financially Community Attraction and Tourism Program sound and is providing services with citizens Grant Agreement by and among the Vision getting value for their tax dollar. Iowa Board, Dubuque County Historical Socie- ty and the City of Dubuque. There was a strategic discussion on the Motion by Jones to table these two items following critical issues: until the September 7, 2010 City Council meet- ing. Seconded by Braig. Motion carried 6-0.  Safe Community Task Force: Council discussed the formation of a Safe There being no further business, upon mo- Community Action Committee, which tion the City Council adjourned at 8:47 p.m. would meet quarterly to monitor the im- plementation of the Task Force’s recom- /s/Jeanne F. Schneider, CMC mendations and provide a forum for public City Clerk input.  Every Child / Every Promise: Con- sensus was reached on continued com- mitment to and support of the program and it was decided that this would be re- evaluated in a year.  Budget Process and Priorities: Council discussed increasing residents understanding of the City’s budget process. 368 Special Session, August 18, 2010 Book 140  Strategic Planning Workshop with Lyle Sumek Responding to questions from facilitating. Council, the City Manager explained the process used by the City in determining The City Council members listed what they the annual budget. considered the top challenges and priorities for  Unified Development Code: Imple- the City of Dubuque over the next twelve to mentation, Requirements, Flexibility – eighteen months. Council recognized that staff is fine-tuning the Code and that flexibility and discretion The City Council confirmed the five-year need to be used when encountering omis- goals for the community as: (1) Diverse, sions and unforeseen impacts. Strong Dubuque Economy; (2) Sustainable  Riverfront Vision and Direction – City; (3) Planned and Managed Growth; (4) South Port of Dubuque, North City Island: Partnering for a Better Dubuque; and (5) Im- Consensus was reached regarding the proved Connectivity – Transportation and Tel- need for a clear vision and master plan for ecommunication. Objectives for each of the development of the complete riverfront in- goals were ranked, with the short-term chal- cluding the South Port and North City Isl- lenges identified with the actions necessary to and with consistent quality development achieve each goal. while maintaining a top-quality working port and tourist destination. The Policy Agenda for 2010 – 2012 was  Workforce Housing Strategy: Staff established as: Top Priority – Master Plan for is currently working on this on-going is- the South Port and City Island, Human Rela- sue. tions Strategy, the City’s Sustainability Plan,  Historic Millwork District Strategy: SMARTER City Partnership, Historic Millwork Council discussed what the next steps District Plan, Safe Community Task Force and were in order to move this initiative for- Southwest Arterial Funding; and High Priority – ward including quality private develop- Project HOPE, FEMA Maps, Every Child / ment, infrastructure upgrade and project Every Promise, Community Foundation of funding sources. Greater Dubuque, Collaboration with the Du-  City Council discussed governance buque Community School District and Leisure issues including the current workload of Services Department, and Air Service Expan- the Council and it was also determined sion. that the City Clerk and City Attorney should have annual evaluations similar to The Management Agenda for 2010 – 2012 that of the City Manager. was established as: Top Priority – Workforce Housing, DubuqueWorks, Washington Neigh- There being no further business, upon mo- borhood, Intermodal Facility, Bee Branch tion the meeting adjourned at 9:24 p.m. Creek Reconstruction, and Street Improve- ment Program; and High Priority – Riverfront Jeanne F. Schneider, CMC Leases, Destination Opportunity, Dubuque 2.0, City Clerk West End Fire Station, and Passenger Rail Service. There being no further business, upon mo- CITY OF DUBUQUE, IOWA tion the meeting adjourned at 9:16 p.m. CITY COUNCIL OFFICIAL Jeanne F. Schneider, CMC City Clerk PROCEEDINGS The Dubuque City Council met in special session at 4:30 p.m. on August 18, 2010 at the Grand River Center. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligan, City Attorney Lindahl Absent: Council Member Voetberg Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a Leadership and Book 140 Special Session, September 7, 2010 369 CITY OF DUBUQUE, IOWA Ms. Steinhauser acknowledged IBM project representatives Michelle Cullen, Man- CITY COUNCIL ager, Washington DC Office; Michael Kearney, OFFICIAL Research Business Develop Executive; and PROCEEDINGS John Tolva, Director for Citizenship and Tech- nology. The Dubuque City Council met in special Smarter Water Meter Project Update: Ms. session at 5:00 p.m. on September 7, 2010 in Steinhauser acknowledged city staff and busi- the Historic Federal Building. ness partners comprising the core team: Pub- lic Information Officer Randy Gehl, Water Plant Present: Mayor Buol, Council Members Manager Bob Green, Water Distribution Su- Braig, Connors, Jones, Lynch, Resnick, City pervisor Mike Brekke, Information Services Manager Van Milligen, City Attorney Lindahl Manager Chris Kohlmann, Network Analyst Joe Pregler, Finance Director Ken TeKippe, Absent: Council Member Voetberg Utility Billing Supervisor Rose Hoerner, Build- ing Services Manager Rich Russell, Plumbing Mayor Buol read the call and stated this is Inspector Jason Mouring, Help Desk Intern a special session of the City Council to discuss Kim Miller, Tom Jakubowski of Water Accoun- the Smarter Sustainable Dubuque Project. tability Engineering, Patrick Brown of HDR Engineering, Rob McDonald and Darrell Gi- WORK SESSION lreath from A.Y. McDonald Co., Ian Colburn of Smarter Sustainable Dubuque Project & Neptune Technology, Kim Foster and Brian Smart Water Meter Project Rollins from Northern Water Works Supply. Smarter Sustainable Dubuque Project: As- Water Plant Manager Bob Green provided sistant City Manager Cindy Steinhauser pro- a summary update of the Water Meter Re- vided project background information, de- placement Project including project back- scribed the format for the work session, and ground and timeline, description of existing introduced key staff who provided brief presen- meter system, technology overview, project tations. funding, installation overview and progress, 1. Cori Burbach, City of Dubuque Sus- partner participation, customer information, tainability Coordinator: background meter technology, and current and future work. information, Sustainable Dubuque mission statement, sustainability Im- There being no further business, upon mo- pact, incorporation, and measuring tion the City Council adjourned at 6:14 p.m. progress 2. David Lyons, Smarter Sustainable /s/Jeanne F. Schneider, CMC Dubuque Project Manager: business City Clerk case, data relevance and examples, coordination of infrastructure and out- reach, creating a model/template for other communities, 3. Eric Dregne, Vice President of Pro- gramming for the Community Foun- dation of Greater Dubuque: Dubuque 2.0 initiative, funding support and partnerships, community engagement goals and information outlets 4. Malind Naphade, Program Director for Smarter City Services for IBM: Water Pilot executive summary, Wa- ter Miser web site portal demonstra- tion, future opportunities for water and electrical consumption and con- servation 5. Teri Goodmann, Assistant City Man- ager: federal/state funding sources, history, current opportunities, and in- itiative benefits, 6. Cindy Steinhauser, Assistant City Manager: critical next steps 370 Regular Session, September 7, 2010 Book 140 CITY OF DUBUQUE, IOWA Upon motion the documents were received and filed. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Brandon Priem for PROCEEDINGS property damage; Chad Fury for vehicle dam- age; Anna Eichacker for property damage; Steven and Leslie Neyens for property dam- The Dubuque City Council met in regular age; Bruce Haugen for property damage; Gary session at 6:30 p.m. on September 7, 2010 in and Joan Miller for property damage; Tom the Historic Federal Building. Baldwin for vehicle damage; Charles Pieken- brock for vehicle damage; Dan and Molly Fitz- Present: Mayor Buol, Council Members simmons for property damage; Christine A. Braig, Connors, Jones, Lynch, Resnick, Voet- Jensen for vehicle damage; Michael Wong for berg, City Manager Van Milligen, City Attorney vehicle damage; Stacy Treanor for vehicle Lindahl damage; Schlichtmann Machine and Design for property damage; Cindy Sanchez for prop- Mayor Buol read the call and stated this is erty damage; Micah Mork for property and a regular session of the City Council to act vehicle damage. Upon motion the documents upon such business that may properly come were received and filed and referred to the City before the City Council. Attorney. Pledge of Allegiance City Attorney advising that the following claims have been referred to Public Entity Risk Invocation was provided by Pastor John So- Services of Iowa, the agent for the Iowa Com- renson of Lord of Life Lutheran Church. munities Assurance Pool: Chad Fury for ve- hicle damage; Anna Eichacker for property Swearing In of Mayor Pro-Tem Karla Braig damage; Steven Neyens for property damage; Bruce Haugen for property damage; Justin PROCLAMATIONS Mills for vehicle damage; James Richardson for vehicle damage; Christine A. Jensen for Day of Peace (September 21, 2010) was vehicle damage; Michael Wong for vehicle accepted by Sr. Dolores Uhlrich and repre- damage; Stacy Treanor for vehicle damage; sentatives from the Human Rights Commis- Cindy Sanchez for property damage; Gary sion, Multicultural Family Center, and the Du- Schlichtmann for property damage; Dave buque Dispute Resolution Center; Shriners Grant for vehicle damage; Charles Piecken- Hospitals Day (September 25, 2010) was ac- brock for vehicle damage; Gary and Joan Mil- cepted by Council Member Ric Jones; Voices ler for property damage; Tom Baldwin for ve- from the Warehouse District VI: Transition hicle damage. Upon motion the documents Days (September 11–October 3, 2010) was were received and filed and concurred. accepted by Arts and Cultural Affairs Advisory Commission Chair Geri Shafer; and Communi- Amendment to Collective Bargaining ty Wellness Day (October 3, 2010) was ac- Agreement: City Manager recommending ap- cepted by Dr. Jack Hinderman, 998 Freemont proval of an amendment to the Collective Bar- Avenue. gaining Agreement between the City and the International Union of Operating Engineers to CONSENT ITEMS provide for a work week that consists of ten hours per day and four days per week for full- Motion by Lynch to receive and file the time Public Safety Dispatchers. Upon motion documents, adopt the resolutions, and dispose the documents were received, filed, and ap- of as indicated. Seconded by Connors. Motion proved. carried 7-0. City Development Board: Amended Final Minutes and Reports Submitted: Cable TV Order in the matter of the City of Asbury volun- Teleprogramming Commission of 7/6; City tary annexation from the City Development Council of 8/10, 8/16, 8/17 and 8/18; Civil Ser- Board. Upon motion the document was re- vice Commission of 7/9; Community Develop- ceived and filed. ment Advisory Commission of 8/18; Electrical Code Board of 7/26; Historic Preservation Prosperity Eastern Iowa: Communication Commission of 8/19; Housing Commission of to Kelley Deutmeyer in support of Prosperity 7/27 Eastern Iowa’s IDED Economic Development Proofs of publication of City Council Pro- Regional Initiatives grant application to contin- ceedings of August 2, 10, 16, 17 and 18, 2010 ue to enhance the Accessmyfuture.com web- Book 140 Regular Session, September 7, 2010 371 site. Upon motion the document was received mittee, official, or officer of the city or any city and filed. employee delegated the responsibility for im- plementing the requirements of the Public J.D. Communications, Inc., Lease: City Records Law, is hereby declared confidential Manager recommending approval of the as-information under Iowa Code § 22.7(50): signment of the J.D. Communications, Inc., (1) Information directly related to vulne- lease for property in the Historic Federal Build-rability assessments; ing to G.A. Publishing, Inc. Upon motion the (2) Information contained in records re- documents were received, filed, and approved. lating to security measures such as securi- ty and response plans, security codes and Board and Commission Resignations: Jo-combinations, passwords, restricted area seph D. Suarez submitting his letter of resigna-passes, keys, and security or response tion from the Environmental Stewardship Advi-procedures; sory Commission. (3) Emergency response protocols; and Linda Frommelt submitting her resignation (4) Information contained in records from the Housing Commission. that if disclosed would significantly in- Upon motion the documents were received crease the vulnerability of critical physical and filed and the resignations accepted. systems or infrastructures of a government body to attack. th State Historical Society of Iowa: Communi-Passed, approved and adopted this 7 day cation from the State Historical Society of Iowa of September, 2010. advising that Walker’s Shoe Store (756 Main Roy D. Buol, Mayor Street); the Schroeder-Kline Grocer Company Attest: Jeanne F. Schneider, CMC, City Clerk Warehouse and M.M. Walker Company Ware- house (40 – 48 Main Street), Upper Main His-Mediacom: Communication from Lee toric District (900 - 1000 Main Street); Wash-Grassley, Mediacom Senior Manager – Gov- nd ington Street (2162 – 2145) and East 22 ernment Relations, notifying the City of upcom- Street Historic District will be considered by ing channel changes. Upon motion the docu- the State National Register Nominations Re-ment was received and filed. view Commission on October 8, 2010. Upon motion the document was received and filed. Ride the Rail: Communication from David A. Solberg, Chair – Ride the Rail Envision Confidential Security Procedures and 2010 Rail Passenger Group, expressing sup- Emergency Preparedness Information: City port of the proposed intermodal facility to be Manager recommending adoption of a resolu-built in the Port of Dubuque. Upon motion the tion designating security procedures and document was received and filed. emergency preparedness information as con- fidential. Upon motion the documents were Legislative Correspondence: Communica- received and filed and Resolution No. 337-10 tion from Senator Charles Grassley thanking Establishing as confidential certain information the Mayor for the City’s correspondence re- concerning security procedures and emergen-lated to the Energy Efficiency and Conserva- cy preparedness information was adopted. tion Block Grant (EECBG) Program. Upon motion the document was received and filed. RESOLUTION NO. 337-10 ESTABLISHING AS CONFIDENTIAL CER- Mystique Casino – Request for Fireworks TAIN INFORMATION CONCERNING SECU- Display: Communication from Mystique Casino RITY PROCEDURES AND EMERGENCY requesting permission to display fireworks on PREPAREDNESS INFORMATION Saturday, September 25, 2010. Upon motion Whereas, the City Council of the City of the document was received, filed, and ap- Dubuque has determined that information con-proved. cerning security procedures and or emergency preparedness information developed and U.S. Department of Housing and Urban maintained for the protection of governmental Development: City Manager advising that the employees, visitors to the government body, City will respond within the 30-day time limit to persons in the care, custody, or under the con-three areas of improvement noted in the recent trol of the government body could reasonably evaluation of the City’s Homelessness Preven- be expected to jeopardize such employees, tion and Rapid Re-Housing Program by the visitors, persons, or property. U.S. Department of Housing and Urban De- NOW, THEREFORE, BE IT RESOLVED velopment. Upon motion the documents were BY THE CITY COUNCIL OF THE CITY OF received and filed. DUBUQUE, IOWA, AS FOLLOWS: 1. The following information held by the city Childhood Lead Poisoning Prevention Pro- or any department, board, commission, com-gram (CLPPP): City Manager recommending 372 Regular Session, September 7, 2010 Book 140 approval of a contract with the Dubuque Coun-tion the documents were received, filed, and ty Board of Health and the Iowa Department of approved. Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Pro-Federal Emergency Management Agency gram (CLPPP) and a renewed agreement with (FEMA): Communication of Mayor Roy D. Buol the VNA for services related to the CLPPP. to the Federal Emergency Management Agen- Upon motion the documents were received, cy constituting a technical appeal of FEMA’s filed, and approved. preliminary DFIRM for the City of Dubuque. Upon motion the document was received and Alcohol Compliance – Civil Penalty for Al-filed. cohol License Holders: City Manager recom- mending approval of the Acknowledge-Mystique Casino: City Manager recom- ment/Settlement Agreements for a first offense mending approval of a request from Jesús alcohol compliance violation for Kwik Stop, Avilés for approval of two separate loans with 2255 Kerper Boulevard; Sid’s Beverage, 2727 American Trust and Savings Bank and Dubu- Dodge Street; and I Luv Food, 535 Hill Street; que Bank and Trust to refinance existing debt a second offense alcohol compliance violation and to fund the recent remodeling of the Mys- for Applebee’s, 1355 Associates Drive; and a tique Casino. Upon motion the documents third offense alcohol compliance violation for were received, filed, and approved. The Lounge, 481 Locust Street. Upon motion the documents were received, filed, and ap-Commitment Letter to the Federal Highway proved. Administration: City Manager recommending approval of a letter of commitment for any Tobacco Compliance – Civil Penalty for funds above and beyond the $5.6 million TIG- Tobacco License Holder: City Manager re-ER grant needed for the Historic Millwork Dis- commending approval of the Acknowledge-trict Streetscape and Utilities Project. Upon ment/Settlement Agreements for first offense motion the documents were received, filed, tobacco compliance violations for Kwik Stop and approved. Food Mart, 2255 Kerper Boulevard; Sid’s Be- verage Store, 2727 Dodge Street; and Beech-Wilmac Properties – Housing Enterprise er’s, 1691 Asbury Road. Upon motion the doc-Zone Agreement: City Manager recommend- uments were received, filed, and approved. ing approval of a Housing Enterprise Zone Program Agreement for Wilmac Properties Tri-State Trail Vision: Communication from related to the redevelopment of the Voices Tony Zelinskas, President – Tri-State Trail Building, Building #24 of the former Carr, Ryd- Vision, requesting the City’s continuing support er & Adams Company building located at 1000 for the development of the Middle Fork Catfish Jackson Street. Upon motion the documents Creek Multi-Use Recreational Trail. Upon mo-were received and filed and Resolution No. tion the document was received and filed. 338-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa IBM Joint Development Agreement – First Department of Economic Development, the Amendment: City Manager recommending City of Dubuque and Wilmac Properties was approval of the first amendment to the IBM adopted. Joint Development Agreement to clarify that RESOLUTION NO. 338-10 the Agreement runs through the end of the AGREEMENT BY AND AMONG THE IOWA year versus September 22, 2010 as was in the DEPARTMENT OF ECONOMIC DEVELOP- original Agreement. Upon motion the docu- MENT, THE CITY OF DUBUQUE AND WIL- ments were received, filed, and approved. MAC PROPERTIES Cox Street Vacate – Release of Easement: Whereas, the City of Dubuque has estab- City Manager recommending approval of the lished two Enterprise Zones and an Enterprise Release of Easement for the vacated area of Zone Commission; and Cox Street and authorization for the document Whereas, the Enterprise Zone Commission to be recorded. Upon motion the documents on February 24, 2010 approved the application were received, filed, and approved. of Wilmac Properties for Housing Enterprise Zone benefits; and Dubuque Levee and Floodwall Certification Whereas, Wilmac Properties’ application – PAL Progress Report #3: City Manager was approved by the Iowa Department of Eco- transmitting the Provisionally Accredited Levee nomic Development on June 25, 2010; and (PAL) Progress Report #3 to FEMA for certifi-Whereas, the Iowa Department of Eco- cation of the Dubuque levee and floodwall nomic Development has prepared and submit- system along the Mississippi River. Upon mo-ted for City Council approval an agreement relating to Housing Enterprise Zone benefits Book 140 Regular Session, September 7, 2010 373 for Wilmac Properties, a copy of which is at-(DITC). Upon motion the documents were re- tached hereto and by this reference made a ceived, filed, and approved. part hereof; and Whereas, the City Council finds that the Airport Hangar Reconstruction Project: City proposed agreement is acceptable and neces-Manager recommending approval for the Air- sary to the growth and development of the city. port Commission to proceed with the Airport NOW THEREFORE, BE IT RESOLVED Hangar Reconstruction Project. Upon motion BY THE CITY COUNCIL OF THE CITY OF the documents were received, filed, and ap- DUBUQUE, IOWA: proved. Section 1. That the Iowa Department of Economic Development Housing Enterprise Water Revenue Bonds, Series 2010D: City Zone Program Agreement, Number 10-HEZ-Manager recommending approval of the final 042, is hereby approved. proceedings providing for the issuance of Section 2. That the Mayor is hereby autho-$5,700,000 Water Revenue Bonds, Series rized and directed to execute the Agreement 2010D. Upon motion the documents were re- on behalf of the City of Dubuque and forward ceived and filed and Resolution No. 339-10 the executed copy to the Iowa Department of Appointing Wells Fargo Bank, National Asso- Economic Development for their approval. ciation of Des Moines, Iowa, to serve as Pay- th Passed, approved and adopted this 7 day ment Agent, Bond Registrar and Transfer of September, 2010. Agent, approving the Paying Agent and Bond Roy D. Buol, Mayor Registrar and Transfer Agent Agreement and Attest: Jeanne F. Schneider, CMC, City Clerk authorizing the execution of the Agreement; and Resolution No. 340-10 Authorizing and Dubuque Regional Humane Society: Letter providing for the issuance of $5,700,000 Water of support for the Dubuque Regional Humane Revenue Bonds, Series 2010D, and levying a Society’s DRA Future Fund Grant application. tax to pay said bonds were adopted. Upon motion the document was received and RESOLUTION NO. 339-10 filed. RESOLUTION APPOINTING WELLS FARGO BANK, NATIONAL ASSOCIATION OF DES Iowa 32 Hike/Bike Trail – Phase 2 Project: MOINES, IOWA, TO SERVE AS PAYING City Manager recommending approval of the AGENT, BOND REGISTRAR, AND TRANS- reallocation of money from the Eagle Point FER AGENT, APPROVING THE PAYING Park Overlook Sidewalk CIP and utilizing sav- AGENT AND BOND REGISTRAR AND ings from the Pamela/Ramona Joint Repair TRANSFER AGENT AGREEMENT AND AU- Project and the Library HVAC Maintenance THORIZING THE EXECUTION OF THE Project to cover overages for the Iowa 32 AGREEMENT Hike/Bike Trail – Phase 2 Project. Upon mo- tion the documents were received, filed and Whereas, pursuant to the provisions of approved. Chapter 75 of the Code of Iowa, $5,700,000 Water Revenue Bonds, Series 2010D, dated Residential Energy Efficiency Audit and the date of delivery, have been sold at public Retrofit Reimbursements: City Manager re-sale and action should now be taken to pro- commending approval of a contract with Four vide for the maintenance of records, registra- Mounds Foundation to administer the City’s tion of certificates and payment of principal residential energy efficiency audit and retrofit and interest in connection with the issuance of grant program as allocated through the ARRA the Bonds; and Energy Efficiency and Conservation Block Whereas, this Council has deemed that the Grant (EECBG). Upon motion the documents services offered by Wells Fargo Bank, National were received, filed, and approved. Association of Des Moines, Iowa, are neces- sary for compliance with rules, regulations, Environmental Protection Agency (EPA) and requirements governing the registration, Climate Showcase Communities Grant: City transfer and payment of registered Bonds; and Manager recommending approval of the sub-Whereas, a Paying Agent, Bond Registrar mission of a Climate Showcase Communities and Transfer Agent Agreement (hereafter Grant application to the Environmental Protec-"Agreement") has been prepared to be entered tion Agency. Upon motion the documents were into between the City and Wells Fargo Bank, received, filed, and approved. National Association. NOW, THEREFORE, BE IT RESOLVED TIGER II Grant Application: City Manager BY THE CITY OF DUBUQUE, STATE OF recommending approval of a TIGER II Grant IOWA: Application to the U.S. Department of Trans-Section 1. That Wells Fargo Bank, National portation in the amount of $15 million to fund Association of Des Moines, Iowa, is hereby the Dubuque Intermodal Transportation Center appointed to serve as Paying Agent, Bond 374 Regular Session, September 7, 2010 Book 140 ARTICLE I Registrar and Transfer Agent in connection DEFINITIONS with the issuance of $5,700,000 Water Reve- Section 1.1. Definitions nue Bonds, Series 2010D, dated the date of . Except as oth- delivery. erwise provided below in this Article I, all Section 2. That the Agreement with Wells words and terms defined in Article I of the Fargo Bank, National Association of Des Master Resolution shall have the same mean- Moines, Iowa, is hereby approved and that the ings in this Series Resolution as such defined Mayor and Clerk are authorized to sign the words and terms are given in Article I of the Agreement on behalf of the City. Master Resolution. In addition, the following th Passed and approved this 7 day of Sep-terms shall have the following meanings in this tember, 2010. Series Resolution unless the text expressly or Roy D. Buol, Mayor by necessary implication requires otherwise: "Master Resolution" means the City RESOLUTION NO. 340-10 Council Resolution No. 379-08, passed and RESOLUTION AUTHORIZING AND PROVID- approved on October 20, 2008, entitled "Mas- ING FOR THE ISSUANCE AND SECURING ter Resolution relating to the issuance of Water THE PAYMENT OF $5,700,000 WATER Revenue Bonds by the City of Dubuque, Iowa REVENUE BONDS, SERIES 2010D, BY THE under the provisions of Chapter 384 of the CITY OF DUBUQUE, IOWA, UNDER THE Code of Iowa, authorizing and providing for the PROVISIONS OF CHAPTER 384 OF THE issuance and securing the payment of CODE OF IOWA, AND PROVIDING FOR A $1,195,000 Water Revenue Bonds, Series METHOD OF PAYMENT THEREOF 2008D, providing for a method of payment Whereas, the City Council of the City of thereof, funding a Debt Service Reserve Fund, Dubuque, Iowa (the "City"), has heretofore and related matters," as the same may be established charges, rates and rentals for ser-amended from time to time. "Original Purchaser" vices which are and will continue to be col- means Robert W. lected as system revenues of the Municipal Baird & Co., Inc. of Milwaukee, Wisconsin, as Water Utility System, and said revenues have the purchaser of the Series 2010D Bonds from not been pledged and are available for the the City at the time of their original issuance. "Series 2010D Bonds" payment of water revenue bonds or notes, means the subject to the following premises; and $5,700,000 Water Revenue Bonds, Series Whereas, by Resolution No. 379-08 2010D, dated the date of delivery, authorized passed and approved on October 20, 2008 to be issued pursuant to this Series Resolu- (the "Master Resolution"), the City Council tion. "Series 2010D Costs of Issuance Ac- heretofore has authorized the issuance of count" $1,195,000 Water Revenue Bonds, Series means the account by that name with- 2008D, for the purpose of financing the con-in the Project Fund established in Section 5.1 struction of the Series 2008D Project de-of the Master Resolution. "Series 2010D Projects" scribed therein, and to pay related costs of shall mean the issuance; and Projects being financed with the proceeds of Whereas, notice of the intention of the City the Series 2010D Bonds, consisting of costs of Council to take action for the issuance of not to constructing and equipping improvements and exceed $5,700,000 Water Revenue Bonds has extensions to the Municipal Water System, as heretofore been duly published and no objec-described more particularly in the plans and tions to such proposed action have been filed; specifications on file from time to time with the and City Clerk. "Series 2010D Projects Account" Whereas, Section 8.3 of the Master Reso- means lution authorizes the issuance of additional the account by that name within the Project Senior Bonds by the City from time to time, if Fund established in Section 5.1 of the Master all of the conditions set forth therein are satis-Resolution. "Series 2010D Rebate Account" fied; and means Whereas, the Council has determined to the account by that name within the Rebate issue additional Senior Bonds, and has deter-Fund established in Section 6.10 of the Master mined that, upon passage of this Series Reso-Resolution. lution and receipt of the reports described in "Series Resolution" Section 8.3 of the Master Resolution, all of the means this Resolu- requirements of Article VIII of the Master tion of the Council. "Tax Exemption Certificate" Resolution with respect to the issuance of ad-means the ditional Senior Bonds will have been satisfied. Tax Exemption Certificate executed by the NOW, THEREFORE, BE IT RESOLVED Treasurer and delivered at the time of is- BY THE CITY COUNCIL OF THE CITY OF suance and delivery of the Series 2010D DUBUQUE, IN THE COUNTY OF DUBUQUE, Bonds. STATE OF IOWA: Book 140 Regular Session, September 7, 2010 375 ARTICLE II shall be payable at the office of the Paying THE SERIES 2010D BONDS Agent by mailing of a check, wire transfer or Section 2.1. Authority . The Series 2010D automated clearing house system transfer to Bonds authorized by this Series Resolution the registered owner of the Series 2010D shall be issued pursuant to Section 384.82 of Bond. The Series 2010D Bonds shall be dated the City Code of Iowa, and in compliance with the date of delivery, and shall mature and bear the Master Resolution and all applicable provi-interest as follows: sions of the Constitution and laws of the State of Iowa. Principal Interest Maturity Section 2.2. Status as Series Resolution Amount Rate June 1st and Senior Bonds . This Series Resolution $185,000 2.000% 2012 shall constitute and be treated as a Series $185,000 2.000% 2013 Resolution within the meaning of the Master $195,000 2.000% 2014 Resolution. The terms of the Master Resolu- $195,000 2.000% 2015 tion are hereby ratified, confirmed and ap- $205,000 2.500% 2016 proved and all of the provisions thereof are $210,000 2.500% 2017 hereby made applicable to the Series 2010D $215,000 3.000% 2018 Bonds as if fully set forth herein, except as the $225,000 3.000% 2019 same may otherwise be modified in this Series $235,000 3.000% 2020 Resolution. The Series 2010D Bonds shall $240,000 3.000% 2021 constitute and be treated for all purposes as $250,000 3.250% 2022 Senior Bonds under the Master Resolution. $260,000 3.500% 2023 Section 2.3. Series 2010D Bonds - Au- $390,000 3.500% 2024 thorization and Purpose . Pursuant to the $405,000 3.500% 2025 provisions of the Master Resolution and in $420,000 4.000% 2026 particular Section 8.3 thereof, there are hereby $440,000 4.000% 2027 authorized to be issued, negotiable, serial, fully $460,000 4.000% 2028 registered Water Revenue Bonds, Series $480,000 4.000% 2029 2010D, in the aggregate principal amount of $505,000 4.000% 2030 $5,700,000, dated the date of delivery, for the purpose of constructing the Series 2010D Section 2.5. Issuance of Series 2010D Projects and paying Project Costs relating Bonds in Book-Entry Form thereto, and to pay related Costs of Issuance. . The Series Section 2.4. Bond Details . The Series 2010D Bonds shall be issued as Depository 2010D Bonds shall be issued as Senior Bonds Bonds and be issued in denominations of the under the terms of the Master Resolution, shall entire principal amount of each maturity of the be designated "CITY OF DUBUQUE, IOWA, Series 2010D Bonds, and shall be registered WATER REVENUE BONDS, SERIES 2010D", in the name of Cede & Co., as nominee of and bear interest from the date thereof, until DTC. Section 2.6. Appointment of Registrar payment thereof, at the office of the Paying . Agent, said interest payable on June 1, 2011 Wells Fargo Bank, National Association is he- and semiannually thereafter on the 1st day of reby appointed as Registrar for the Series June and December in each year until maturity 2010D Bonds under the terms of this Series at the rates hereinafter provided. The Council, Resolution. Section 2.7. Execution, Authentication pursuant to Section 384.82 of the Code of and Delivery of the Series 2010D Bonds Iowa, hereby finds and determines that it is . necessary and advisable to issue said Series Upon the adoption of this Resolution, the 2010D Bonds authorized by this Series Reso-Mayor and City Clerk shall execute and deliver lution. the Series 2010D Bonds to the Registrar, who The Series 2010D Bonds and the Regi- shall authenticate the same and deliver the strar's Certificate of Authentication shall be in same to or upon order of the Original Pur- substantially the form set forth in Exhibit A chaser. No such Series 2010D Bond shall be attached hereto, with such variations, omis- valid or obligatory for any purpose or shall be sions, substitutions and insertions as are re- entitled to any right or benefit hereunder un- quired or permitted by this Series Resolution. less the Registrar shall duly endorse and ex- The Series 2010D Bonds shall be ex-ecute on such Series 2010D Bond a Certificate ecuted by the manual or facsimile signature of of Authentication substantially in the form of the Mayor and attested by the manual or fac- the Certificate herein set forth. Such Certificate simile signature of the City Clerk, and im- upon any such Series 2010D Bond executed pressed or printed with the seal of the City, on behalf of the Issuer shall be conclusive and shall be fully registered as to both princip- evidence that the Series 2010D Bond so au- al and interest as provided in this Series Reso- thenticated has been duly issued under this lution; principal, interest and premium, if any Series Resolution and that the holder thereof 376 Regular Session, September 7, 2010 Book 140 is entitled to the benefits of this Series Resolu-will be made of the proceeds from the is- tion. suance and sale of the Series 2010D Bonds ARTICLE III issued hereunder which will cause any of the REDEMPTION OF BONDS Series 2010D Bonds to be classified as arbi- Section 3.1. Optional Redemption . The trage bonds within the meaning of Section Series 2010D Bonds maturing after June 1, 148(a) and (b) of the Code, and that through- 2017 may be called for redemption by the Is-out the term of said Series 2010D Bonds it will suer and paid before maturity on such date or comply with the requirements of said statute any date thereafter, from any funds regardless and regulations issued thereunder. of source, in whole or from time to time in part, To the best knowledge and belief of the in any order of maturity and within an annual City, there are no facts or circumstances that maturity by lot. The terms of redemption shall would materially change the foregoing state- be par, plus accrued interest to date of call. ments or the conclusion that it is not expected Notice of redemption shall be given as pro-that the proceeds of the Series 2010D Bonds vided in the Master Resolution. will be used in a manner that would cause ARTICLE IV such Bonds to be arbitrage bonds. Without DELIVERY AND APPLICATION OF limiting the generality of the foregoing, the City PROCEEDS hereby agrees to comply with the provisions of Section 4.1. Application of Series 2010D the Tax Exemption Certificate and the provi- Bond Proceeds . The Series 2010D Bonds sions of the Tax Exemption Certificate are shall be delivered as provided in Section 6.1 hereby incorporated by reference as part of and the proceeds thereof shall be applied as this Series Resolution. The Treasurer is here- follows: by directed to make and insert all calculations (i) - $109,013 or an amount sufficient to and determinations necessary to complete the pay the Costs of Issuance of the Series Tax Exemption Certificate in all respects and 2010D Bonds shall be deposited into the to execute and deliver the Tax Exemption Cer- Series 2010D Costs of Issuance Account. tificate at issuance of the Series 2010D Bonds (ii) - $525,200 or an amount sufficient to certify as to the reasonable expectations to satisfy the Debt Service Reserve Re-and covenants of the City at that date. quirement applicable to all Outstanding The City covenants that it will treat as yield Senior Bonds, including the Series 2010D restricted any proceeds of the Series 2010D Bonds, shall be deposited into the Debt Bonds remaining unexpended after three Service Reserve Fund. years from the issuance and any other funds (iii) - $132,135 shall be deposited into required by the Tax Exemption Certificate to the Sinking Fund as capitalized interest be so treated. If any investments are held with and used to pay interest on the Series respect to the Series 2010D Bonds, the City 2010D Bonds on June 1, 2011. shall treat the same for the purpose of re- (iv) - The balance of proceeds shall be stricted yield as held in proportion to the origi- deposited into the Series 2010D Projects nal principal amounts of each issue. Account of the Project Fund and applied The City covenants that it will exceed any thereafter to pay Project Costs of the Se-investment yield restriction provided in this ries 2010D Projects. Series Resolution only in the event that it shall Section 4.2. Adjustment to Debt Service first obtain an opinion of bond counsel that the Reserve Requirement. The Series 2010D proposed investment action will not cause the Bonds shall be issued as Senior Bonds under Series 2010D Bonds to be classified as arbi- the Master Resolution, and shall be secured trage bonds under Section 148(a) and (b) of by and payable from amounts held in the Debt the Code. Service Reserve Fund established in the Mas-The City covenants that it will proceed with ter Resolution. Upon issuance of the Series due diligence to spend the proceeds of the 2010D Bonds, the amount to be accumulated Series 2010D Bonds for the purpose set forth and maintained in the Debt Service Reserve in this Series Resolution. The City further co- Fund shall be increased, and shall continue to venants that it will make no change in the use remain equal to 100% of the Debt Service Re-of the proceeds available for the construction serve Requirement computed on a basis which of facilities or change in the use of any portion includes all Senior Bonds which will be Out-of the facilities constructed therefrom by per- standing immediately after issuance of the sons other than the City or the general public Series 2010D Bonds and which are not Senior unless it has obtained an opinion of bond SRF Bonds. counsel or a revenue ruling that the proposed ARTICLE V project or use will not be of such character as TAX PROVISIONS to cause interest on any of the Series 2010D Section 5.1. Disposition of Bond Bonds not to be exempt from federal income Proceeds; Arbitrage Not Permitted . The City taxes in the hands of holders under the provi- reasonably expects and covenants that no use sions of the Code. Book 140 Regular Session, September 7, 2010 377 Section 5.2. Additional Covenants, Re-Section 6.5. Repeal of Conflicting Or- presentations and Warranties of the Citydinances or Resolutions and Effective . Date The City certifies and covenants with the pur-. All other ordinances, resolutions and chasers and holders of the Series 2010D orders, or parts thereof, in conflict with the Bonds from time to time outstanding that the provisions of this Series Resolution are, to the City through its officers, (a) will make such extent of such conflict, hereby repealed; and further specific covenants, representations and this Series Resolution shall be in effect from assurances as may be necessary or advisable; and after its adoption. th (b) comply with all representations, covenants Passed and approved this 7 day of Sep- and assurances contained in the Tax Exemp-tember, 2010. tion Certificate, which Tax Exemption Certifi-Roy D. Buol, Mayor cate shall constitute a part of the contract be-Attest: Jeanne F. Schneider, CMC, City Clerk tween the City and the owners of the Series 2010D Bonds; (c) consult with bond counsel Fiscal Year 2010 City Street Financing Re- (as defined in the Tax Exemption Certificate); port: City Manager recommending approval of (d) pay to the United States, as necessary, the City of Dubuque’s Fiscal Year 2010 Street such sums of money representing required Financing Report for submittal to the Iowa De- rebates of excess arbitrage profits relating to partment of Transportation. Upon motion the the Series 2010D Bonds; (e) file such forms, documents were received and filed and Reso- statements and supporting documents as may lution No. 341-10 Approving the City of Dubu- be required and in a timely manner; and (f) if que Fiscal Year 2010 Street Finance Report deemed necessary or advisable by its officers, was adopted. to employ and pay fiscal agents, financial ad- RESOLUTION NO. 341-10 visors, attorneys and other persons to assist APPROVING THE CITY OF DUBUQUE FIS- the City in such compliance. ARTICLE VI CAL YEAR 2010 CITY STREET FINANCING MISCELLANEOUS PROVISIONSREPORT Section 6.1. Delivery of Series 2010D NOW THEREFORE, BE IT RESOLVED BY Bonds . The City shall deliver the executed THE CITY COUNCIL OF THE CITY OF DUBU- Series 2010D Bonds to the Original Purchaser QUE, IOWA: on the date of closing described in the final Section 1. That the City Street Finance Report Official Statement for the Series 2010D Bonds. for the period of July 1, 2009, to June 30, 2010, is Section 6.2. General Authorization. From hereby approved and that the City Clerk is hereby and after the date of adoption of this Series authorized and directed to file said report with the Resolution, the officers, employees and agents Iowa Department of Transportation. th of the City are hereby authorized to do all such Passed, approved and adopted this 7 day of acts and things and to execute and deliver any September, 2010. and all other documents, agreements, certifi-Roy D. Buol, Mayor cates and instruments relating to the Series Attest: Jeanne F. Schneider, CMC, City Clerk 2010D Bonds, the investment of the proceeds thereof and the other transactions contem-2009 Water Fluoridation Quality Award: plated on the part of the City by this Series Communication from the Iowa Department of Resolution, including, but not limited to, the Public Health advising that the Centers for Tax Exemption Certificate referred to in Sec-Disease Control and Prevention (CDC) has tion 5.1 hereof. awarded the City of Dubuque with a 2009 Wa- Section 6.3. Construction . Except to the ter Fluoridation Quality Award. Upon motion extent set forth herein, all of the applicable the document was received and filed. terms, conditions and provisions of the Master Resolution shall be deemed and construed to Iowa 32 Trail – Mississippi River Trail apply to the Series 2010D Bonds and are he-(MRT) Side Trip: City Manager recommending reby incorporated by reference and made a approval of the request to ask DMATS and the part hereof to the same extent as if fully set IDOT to designate the Iowa 32 Bike/Hike Trail forth herein. Except as may otherwise be pro-as an official side trip for the Mississippi River vided herein, the Master Resolution shall re-Trail (MRT), and to allocate excess MRT Ear- main in full force and effect. mark funding of $279,000 for extension of the Section 6.4. Severability . If any section, Iowa 32 Trail from Plaza Drive to Pennsylvania paragraph, or provision of this Series Resolu-Avenue. Upon motion the documents were tion shall be held to be invalid or unenforcea-received, filed, and approved. ble for any reason, the invalidity or unenfor- ceability of such section, paragraph or provi-Section 8 Housing Vouchers: Communica- sion shall not affect any of the remaining pro-tion from David Kapler, Chairperson – Housing visions. Commission, regarding the reduction of Sec- tion 8 housing vouchers and City Manager’s 378 Regular Session, September 7, 2010 Book 140 response. Upon motion the documents were 1. The City Council accepts the Correction received and filed. Warranty Deedattached hereto. 2. The City Clerk is hereby authorized and AmeriCorps Partners in Learning Grant directed to record a copy of this Resolution Award: City Manager recommending approval and the Correction Warranty Deed with the of a grant agreement with the Iowa Commis- Dubuque County Recorder. th sion on Volunteer Service for the City’s Amer- Passed, approved and adopted this 7 day iCorps program. Upon motion the documents of September, 2010. were received, filed, and approved. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PEG Capital Grant Expenditure Request: City Manager recommending approval of the Signed Contracts / Agreements: Desman Cable TV Tele-Programming Commission rec- Associates – Re-Bid Fees; Morton Internation- ommendation for funding from the Public, al, Inc. – Salt Storage and Handling Agree- Educational, and Government (PEG) Capital ments; First Amendment to Public Improve- Grant for Access Equipment and Facilities in ment Contract – J.P. Cullen & Sons, Inc.; Re- the amount of $6,000 for the City of Dubuque lease of Federal Building Funding for FSS to add a digital single lens reflex capability to Staff Office; and Agreement for Monitoring its motion-controlled time lapse system. Upon Underground Storage Tanks at Rock- motion the documents were received, filed, dale/Grandview site. Upon motion the docu- and approved. ments were received and filed. Hwy 151 & 61 – Correction Deed: City At- Liquor License Transfer: Request to trans- torney recommending approval of the Correc- fer the five-day Camp Albrecht Acres Special tion Warranty Deed for property acquired from Class “C” Beer Permit to Five Flags Center on Hwy 151 & 61 Development, LLC, for the Bee September 18, 2010 for the Octoberfest event. Branch Creek project. Upon motion the docu- Upon motion the document was received, filed, ments were received and filed and Resolution and approved. No. 342-10 Accepting a Correction Deed from Hwy 151 & 61 Development, LLC, to Lot 1 of Liquor License Applications: City Manager Riverview Plaza, being a subdivision of River- recommending approval of annual liquor li- view Plaza, in the City of Dubuque, Iowa, ac- cense renewals as submitted. Upon motion the cording to the recorded plat thereof; and Lot documents were received and filed and Reso- 316, Lot 355 and Lot 2-354 of East Dubuque lution No. 343-10 Granting the issuance of a No. 2 in the City of Dubuque, Iowa, was Class “C” Beer Permit to Family Mart, Phillips adopted. 66/Arby’s, Kwik Stop Food Mart, Eagle Coun- try Market, and Wal-Mart Supercenter #2004; RESOLUTION NO. 342-10 and Resolution No. 344-10 Granting the is- ACCEPTING A CORRECTION DEED FROM suance of a Class “C” Beer/Liquor License to HWY 151 & 61 DEVELOPMENT, LLC, TO National River Museum, Carlos O’Kelly’s Mex- LOT 1 OF RIVERVIEW PLAZA, BEING A ican Café, Los Aztecas Mexican Restaurant, SUBDIVISION OF RIVERVIEW PLAZA, IN Lucky 13 Tap, Vinny Vanucchis Little Italy and THE CITY OF DUBUQUE, IOWA, ACCORD- Dubuque Community Ice Center; a Class “C” ING TO THE RECORDED PLAT THEREOF; Beer/Liquor License (5-Day Special Event) to AND LOT 316, LOT 355 AND LOT 2-354 OF Diamond Jo Casino; a Class “B” Wine Permit EAST DUBUQUE NO. 2 IN THE CITY OF to Eagle Country Market, Wal-Mart Supercen- DUBUQUE, IOWA ter #2004, and Family Mart; and a Class Whereas, Resolution No. 285-10, recorded ”WBN” Native Wine Permit to Kwik Stop Food as Instrument No. 2010-00011132, approved Mart were adopted. the acceptance of a Warranty Deed to certain property from Hwy 151 & 61 Development, RESOLUTION NO. 343-10 LLC; and Whereas, applications for Beer Permits have Whereas, there was an error in the legal been submitted and filed to this Council for ap- description in the Warranty Deed, the correct proval and the same have been examined and legal description being as follows: Lot 1 of Ri- approved; and verview Plaza, being a subdivision of River- Whereas, the premises to be occupied by view Plaza, in the City of Dubuque, Iowa, ac- such applicants were inspected and found to cording to the recorded plat thereof; and Lot comply with the Ordinances of the City and have 316, Lot 355 and Lot 2-354 of East Dubuque filed proper bonds. No. 2 in the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF DUBU- BY THE CITY COUNCIL OF THE CITY OF QUE, IOWA: DUBUQUE, IOWA, AS FOLLOWS: Book 140 Regular Session, September 7, 2010 379 That the Manager be authorized to cause to CLASS “WBN” NATIVE WINE be issued the following named applicants a Beer Rainbo Oil Company, Kwik Stop Food Mart, Permit. 2360 Central Ave. th CLASS “C” BEER PERMIT Passed, approved and adopted this 7 day of Family Mart, Inc., Family Mart +(Sunday September, 2010 Sale), 3201 Central Ave. Roy D. Buol, Mayor Liberty Station, LLC, Phillips 66/Arby’s Attest: Jeanne F. Schneider, CMC, City Clerk +(Sunday Sale), 10 S. Main Street ITEMS TO BE SET FOR PUBLIC HEARING Rainbo Oil Company, Kwik Stop Food Mart +(Sunday Sale), 2360 Central Ave. Downtown Eagle, Inc., Eagle Country Mar-Motion by Connors to receive and file the ket +(Sunday Sale), 1800 Elm Street documents, adopt the resolutions, set the pub- Wal-Mart Stores, Inc., Wal-Mart Supercen-lic hearings as indicated, and direct the City ter #2004+(Sunday Sale), 4200 Dodge Street Clerk to publish notice as prescribed by law. th Passed, approved and adopted this 7 day of Seconded by Resnick. Motion carried 7-0. September, 2010. Roy D. Buol, Mayor Petition to Vacate a Portion of Van Buren Attest: Jeanne F. Schneider, CMC, City Clerk Street at Isborn Avenue: City Manager re- commending that a public hearing be set for RESOLUTION NO. 344-10 September 20, 2010 to consider vacating and Whereas, applications for Liquor Licenses disposing of a portion of Van Buren Street have been submitted to this Council for approval right-of-way to David and Bambi Roth. Upon and the same have been examined and approved; motion the documents were received and filed and and Resolution No. 345-10 Resolution of intent Whereas, the premises to be occupied by to vacate and dispose of City interest in Lot such applicants were inspected and found to 97A of Lenox Addition in the City of Dubuque, comply with the State Laws and all City Ordin-Dubuque County, Iowa, was adopted setting a ances relevant thereto and they have filed proper public hearing for a meeting to commence at bonds. 6:30 p.m. on September 20, 2010 in the His- NOW, THEREFORE, BE IT RESOLVED BY toric Federal Building. THE CITY COUNCIL OF THE CITY OF DUBU- RESOLUTION NO. 345-10 QUE, IOWA: RESOLUTION OF INTENT TO VACATE AND That the Manager be authorized to cause to DISPOSE OF CITY INTEREST IN LOT 97A be issued the following named applicants a Liquor OF LENOX ADDITION IN THE CITY OF DU- License. BUQUE, DUBUQUE COUNTY, IOWA CLASS “C” BEER/LIQUOR LICENSE DBQ Co. Historical Society, National River Whereas, David H. Roth and Bambi L. Museum Roth have requested the vacating and dispos- rd +(Sunday/Outdoor Sale), 350 E. 3 St. al of a portion of Van Buren Street east of Is- Carlos O’Kelly’s, Inc., Carlos O’Kelly’s born Avenue; and Mexican Café Whereas, Buesing & Associates has pre- +(Sunday Sale), 1355 Associates Dr. pared and submitted to the City Council a plat Famolo of Iowa, Inc., Los Aztecas Mexican showing the vacated portion of Van Buren Restaurant +(Sunday Sale), 2700 Dodge St. Street east of Isborn Avenue and assigned lot David Erickson, Lucky 13 Tap +(Sunday number thereto, which hereinafter shall be th Sale), 385 E. 13 St. known and described as Lot 97A of Lenox Grayson Enterprises, Vinny Vanucchi’s Lit-Addition in the City of Dubuque, Dubuque tle Italy +(Sunday/Outdoor Sale), 180 Main St. County, Iowa, should be approved. DBQ Community Ice Center, DBQ Com-NOW THEREFORE, BE IT RESOLVED munity Ice Center BY THE CITY COUNCIL OF THE CITY OF +(Sunday Sale), 1800 Admiral Sheehey DUBUQUE, IOWA: Dr. Section 1. That the City of Dubuque in- CLASS “C” BEER/LIQUOR LICENSE (5-DAY tends to vacate and dispose of its interest in SPECIAL EVENT) Lot 97A of Lenox Addition in the City of Dubu- Diamond Jo Casino, Diamond Jo Casino que, Dubuque County, Iowa. (Parking Lot), 301 Bell St. Section 2. That the conveyance of Lot 97A CLASS “B” WINE of Lenox Addition in the City of Dubuque, Du- Downtown Eagle, Inc., Eagle Country Mar-buque County, Iowa, to David H. Roth and ket, 1800 Elm St. Bambi L. Roth be contingent upon the pay- Wal-Mart Stores, Inc., Wal-Mart Supercen-ment of $300.00 plus platting, publication, and ter #2004, 4200 Dodge St. filing fees. Family Mart, Inc., Family Mart, 3201 Cen-Section 3. That the City Clerk be and is he- tral Ave. reby authorized and directed to cause a notice 380 Regular Session, September 7, 2010 Book 140 of intent to vacate and dispose of said real The Bunker Hill Golf Course Irrigation Re- estate to be published in the manner as pre-novation Project is hereby ordered to be ad- scribed by law. vertised for bids for construction. th Passed, approved and adopted this 7 day The amount of the security to accompany of September, 2010. each bid shall be in an amount which shall Roy D. Buol, Mayor 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- Bunker Hill Irrigation Renovation Project: tise for bids for the construction of the im- City Manager recommending initiation of the provements herein provided, by publishing the public bidding process for the Bunker Hill Irri-attached Notice to Bidders to be published in a gation Renovation Project and that a public newspaper having general circulation in the hearing be set for September 20, 2010 to con-City of Dubuque, Iowa, which notice shall be sider approval of the plans and specifications, published not less than four but not more than form of contract and estimated cost. Upon forty-five days before the date for filing bids th motion the documents were received and filed before 2:00 p.m. on the 14 day of September, and Resolution No. 346-10 Preliminary ap-2010. 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 hearing and ordering bids for the Bunker Hill the 20th day of September, 2010, in the Histor- Irrigation Renovation Project was adopted ic Federal Building Council Chambers (second setting a public hearing for a meeting to com-floor), 350 West 6th Street, Dubuque, Iowa. th mence at 6:30 p.m. on September 20, 2010 in Passed, adopted and approved this 7 day the Historic Federal Building. of September, 2010. Roy D. Buol, Mayor RESOLUTION NO. 346-10 Attest: Jeanne F. Schneider, CMC, City Clerk BUNKER HILL GOLF COURSE IRRIGATION RENOVATION PROJECT Fiscal Year 2011 Budget – Second PRELIMINARY APPROVAL OF PLANS, Amendment: City Manager recommending that SPECIFICATIONS, FORM OF CONTRACT, a public hearing be set for September 20, AND ESTIMATED COST; SETTING DATE 2010 to consider the second amendment to OF PUBLIC HEARING ON PLANS, SPECI- the Fiscal Year 2011 Budget. Upon motion the FICATIONS, FORM OF CONTRACT, AND documents were received and filed and Reso- ESTIMATED COST; AND ORDERING THE lution No. 347-10 Setting a public hearing on ADVERTISEMENT FOR BIDS the Fiscal Year 2011 Budget was adopted NOW THEREFORE, BE IT RESOLVED setting a public hearing for a meeting to com- BY THE CITY COUNCIL OF THE CITY OF mence at 6:30 p.m. on September 20, 2010 in DUBUQUE, IOWA: the Historic Federal Building. The proposed plans, specifications, form of RESOLUTION NO. 347-10 contract and estimated cost for the Bunker Hill SETTING THE DATE FOR THE PUBLIC Golf Course Irrigation Renovation Project, in HEARING ON AMENDMENT NO. 2 TO THE the estimated amount $180,000, are hereby FISCAL YEAR 2011 BUDGET FOR THE preliminarily approved and ordered filed in the CITY OF DUBUQUE office of the City Clerk for public inspection. A public hearing will be held on the 20th Whereas, Iowa Code Section 384.16 pro- day of September, 2010, at 6:30 p.m. in the vides that the City Council shall set a time and Historic Federal Building Council Chambers at place for a public hearing on amendments to which time interested persons may appear and the budget and publish notice before the hear- be heard for or against the proposed plans and ing as provided in Iowa Code Section 362.3. specifications, form of contract and estimated NOW THEREFORE, BE IT RESOLVED cost of said Project, and the City Clerk be and BY THE CITY COUNCIL OF THE CITY OF is hereby directed to cause the attached notice DUBUQUE, IOWA: of the time and place of such hearing to be Section 1. That the City Council shall con- published in a newspaper having general cir-duct a public hearing on proposed Amendment culation in the City of Dubuque, Iowa, which No. 2 to the Fiscal Year 2011 budget for the notice shall be published not less than four City of Dubuque at the City Council Chambers days nor more than twenty days prior to the at the Historic Federal Building, 350 West 6th date of such hearing. At the hearing, any inter-Street, Dubuque, Iowa, on Monday, Septem- ested person may appear and file objections to ber 20, 2010, beginning at 6:30 p.m. the proposed plans, specifications, form of Section 2. That the City Clerk be and is he- contract, or estimated cost of the Project. reby authorized and directed to publish notice of the public hearing, according to law, togeth- er with the required budget information. Book 140 Regular Session, September 7, 2010 381 th Passed, approved and adopted this 7 day RESOLUTION NO. 348-10 of September, 2010. APPROVING THE SALE OF REAL ESTATE Roy D. Buol, Mayor SPECIFICALLY LOT TWO (2) OF LOT Attest: Jeanne F. Schneider, CMC, City Clerk EIGHTY-SIX (86) IN EAST DUBUQUE ADDI- BOARDS/COMMISSIONS TION IN THE CITY OF DUBUQUE COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 1699 WASH- Applicants were invited to address the City INGTON STREET Council regarding their desire to serve on the following Boards/Commissions: Whereas, pursuant to a notice, duly pub- Environmental Stewardship Advisory lished in the Telegraph Herald newspaper, in Commission: Two 3-year terms through Octo-the City Council of Dubuque, Iowa, met on the ber 1, 2013 (Terms of Buelow and Oberdoer-7 September 2010, in the Dubuque Historic th ster). Applicants: Michael Buelow, 2131 Gra-Federal Building, 350 West 6 Street, Dubu- ham Circle; and Chad Oberdoerster, 420 que, Iowa, to consider the proposal to dispose Summit Street. Mr. Buelow and Mr. Oberdoer-of City-owned real estate located at 1699 ster spoke in support of their appointment. Washington Street: Lot Two (2) of Lot Eighty- Housing Commission: One 3-year term Six (86) in East Dubuque Addition in the City through August 17, 2013 (Term of Eddy): Ap-of Dubuque, County of Dubuque, Iowa, ac- plicant: Ricardo Woods, 1535 Bluff Street. Mr. cording to the recorded Plat thereof; and Woods spoke in support of his appointment. Whereas, such purpose supports the Transit Advisory Board: One 3-year term Washington Neighborhood revitalization strat- through July 30, 2013 (Term of Scharnau): egy as approved by the City Council; and th Applicant: Rhonda Knight, 250 W. 6 Street. Whereas, the City has received an offer to Ms. Knight spoke in support of her appoint-purchase this property from a qualifying ment. household; and TV Cable Regulatory Commission: One 3-Whereas, the City Council of the City of year term through June 30, 2010 (Term of Dubuque, Iowa, has overruled any and all ob- Bellings) Applicant: Kenneth Miller, 195 Julien jections, oral and written, to the proposal to Dubuque Drive. Mr. Miller withdrew his appli-dispose of the interest of the City of Dubuque, cation. Iowa, in the herein and above-named real es- Appointments to the following tate to the above-named grantee. Boards/Commissions: Airport Commission: NOW, THEREFORE, BE IT RESOLVED Two 4-year terms through August 14, 2014 BY THE CITY COUNCIL OF THE CITY OF (Terms of Accinelli and Daoud). Applicants: DUBUQUE, IOWA: Steven Accinelli, 3007 Huntington Drive; Section 1. That the City of Dubuque hereby Charles Daoud, 396 Moore Heights; Daniel approves the sale of the following legally de- Nicholson, 889 Walker Street (additional appli-scribed property: Lot Two (2) of Lot Eighty-Six cant). Upon roll call vote Steven Accinelli and (86) in East Dubuque Addition in the City of Charles Daoud were appointed to the Airport Dubuque, County of Dubuque, Iowa, according Commission for 4-year terms through August to the recorded Plat thereof, at the cost of For- 14, 2014. ty Thousand dollars. ($40 000). Section 2. That the City of Dubuque be and PUBLIC HEARINGS is hereby authorized to provide a Warranty Deed to the buyer, conveying the City’s inter- Upon motion the rules were suspended al-est to KC James Summers for the herein- lowing anyone present to address the City described real estate. Council. Section 3. That the City Clerk be and she is hereby authorized an directed to cause said Sale of Property at 1699 Washington Warranty Deed to be recorded in the Office of Street: Proof of publication of notice of public the Dubuque County Recorder, together with a hearing to consider the disposal of property certified copy of the Resolution. located at 1699 Washington Street to KC Section 4. That the City Clerk be and she James Summers for the sum of $40,000 and is hereby authorized and directed to forward a City Manager recommending approval. Motion copy of this Resolution to the Dubuque Count by Connors to receive and file the documents Assessor and the Dubuque County Auditor. th and adopt Resolution No. 348-10 Disposing of Passed, approved and adopted this 7 day City-owned property, specifically, Lot 2 of Lot of September, 2010. 86 in East Dubuque Addition in the City of Du-Roy D Buol, Mayor buque, County of Dubuque, Iowa, according to Attest: Jeanne Schneider, CMC, City Clerk the recorded plat thereof, 1699 Washington Street. Seconded by Voetberg. Motion carried Five Points Traffic Signal Reconstruction 7-0. Project: Proof of publication of notice of public 382 Regular Session, September 7, 2010 Book 140 hearing to consider approval of the plans and following action is now considered to be in the specifications, form of contract and estimated best interests of the City and residents thereof. cost for the Five Points Traffic Signal Recon-NOW, THEREFORE, BE IT RESOLVED struction Project and City Manager recom-BY THE CITY COUNCIL OF THE CITY OF mending approval. Motion by Braig to receive DUBUQUE, IOWA: and file the documents and adopt Resolution Section 1. That this Council does hereby No. 349-10 Approving plans, specifications, institute proceedings and take additional action form of contract, and estimated cost for the for the authorization of a Loan Agreement and Five Points Traffic Signal Reconstruction issuance in the manner required by law of not Project. Seconded by Lynch. Motion carried 7-to exceed $3,000,000 General Obligation Cap- 0. ital Loan Notes to evidence the obligation the- reof for the foregoing purpose. th RESOLUTION NO. 349-10 Passed and approved this 7 day of Sep- APPROVAL OF PLANS, SPECIFICATIONS, tember, 2010. FORM OF CONTRACT, AND ESTIMATED Roy D. Buol, Mayor COST FOR THE 5 POINTS TRAFFIC SIG- Attest: Jeanne F. Schneider, CMC, City Clerk NAL RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED Upon motion the rules were reinstated li- BY THE CITY COUNCIL OF THE CITY OF miting discussion to the City Council. DUBUQUE, IOWA: ACTION ITEMS That the proposed plans, specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruction Project, in Washington Neighborhood Inspection Initi- the estimated amount of $146,752.30, are ative: City Manager recommending approval of hereby approved. a pilot program of intensified housing inspec- th Passed, adopted and approved this 7 day tions of the exteriors of all downtown residen- of September, 2010. tial properties, including owner-occupied hous- Roy D. Buol, Mayor ing, beginning in the Washington Neighbor- Attest: Jeanne F. Schneider, CMC, City Clerk hood. Motion by Connors to receive and file the documents and approve the recommendation. General Obligation Loan Notes: Proof of Seconded by Voetberg. Motion carried 7-0. publication of notice of public hearing to con- sider the issuance of not to exceed $3,000,000 Housing Code Exterior Enforcement Initia- General Obligation Capital Loan Notes and tive: City Manager recommending approval of City Manager recommending approval. Motion a pilot program of intensified exterior housing by Voetberg to receive and file the documents code enforcement. Motion by Jones to receive and adopt Resolution No. 350-10 Instituting and file the documents and approve the rec- proceedings to take additional action for the ommendation. Seconded by Voetberg. Motion authorization of a Loan Agreement and the carried 7-0. issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes. Seconded by Acceptance of Petition and Waiver Agree- Braig. Motion carried 7-0. ments – Historic Millwork District: City Manag- er recommending acceptance of the Petition RESOLUTION NO. 350-10 and Waiver Agreements from the property RESOLUTION INSTITUTING PROCEEDINGS owners donating the right-of-way in the Mill- TO TAKE ADDITIONAL ACTION FOR THE work District. Motion by Voetberg to receive AUTHORIZATION OF A LOAN AGREEMENT and file the documents and adopt Resolution AND THE ISSUANCE OF NOT TO EXCEED No. 351-10 Approving the Petition and Waiver $3,000,000 GENERAL OBLIGATION CAPI- Agreement with CARADCO Building, LLLP; TAL LOAN NOTES Resolution No. 352-10 Approving the Petition Whereas, pursuant to notice published as and Waiver Agreement with Wilmac Property required by law, this Council has held a public Company; and Resolution No. 353-10 Approv- meeting and hearing upon the proposal to in-ing the Petition and Waiver Agreement with stitute proceedings for the authorization of a Mid American Holdings, LLC. Seconded by Loan Agreement and the issuance of not to Braig. Motion carried 7-0. exceed $3,000,000 General Obligation Capital RESOLUTION NO. 351-10 Loan Notes for the purpose of paying costs of APPROVING THE PETITION AND WAIVER constructing the Sycamore Street and 16th AGREEMENT WITH CARADCO BUILDING, Street bridge improvements being undertaken LLLP as part of the Bee Branch Creek Restoration Project, and has considered the extent of ob-Whereas, the City of Dubuque has ac- jections received from residents or property cepted Final Plats dedicating right-of-way for owners as to the proposal and, accordingly the public streets and utilities; and Book 140 Regular Session, September 7, 2010 383 Whereas, upon said Final Plat appears Section 1. That the City of Dubuque will th streets to be known as East 10 Street and make improvements to the platted Washington th Washington Street, together with certain public Street and East 10 Street areas in the Histor- easements, which the owner, by said Final ic Millwork District. Plat, has dedicated to the public forever; and Section 2. That the Petition and Waiver Whereas, the City of Dubuque intends to Agreement with Wilmac Property Company is construct public improvements that are in the hereby approved and the Mayor and City Clerk best interest of the City on these streets, which are hereby authorized and directed to endorse improvements shall be constructed at such the approval of the City of Dubuque, Iowa, times and in accordance with the development upon said agreement. th agreements to be entered into with the adja-Passed, approved and adopted this 7 day cent property owners; and of September, 2010. Whereas, the adjoining property owners Roy D. Buol, Mayor have agreed to reimburse the City for said Attest: Jeanne F. Schneider, CMC, City Clerk improvements should they default in making RESOLUTION NO. 353-10 building improvements as identified in a sepa- APPROVING THE PETITION AND WAIVER rate development agreement. AGREEMENT WITH MID AMERICAN HOLD- NOW THEREFORE, BE IT RESOLVED INGS, LLC. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the City of Dubuque has ac- Section 1. That the City of Dubuque will cepted Final Plats dedicating right-of-way for make improvements to the platted Washington public streets and utilities; and th Street and East 10 Street areas in the Histor-Whereas, upon said Final Plat appears th ic Millwork District. streets to be known as East 10 Street and Section 2. That the Petition and Waiver Washington Street, together with certain public Agreement with CARADCO Building, LLLP, is easements, which the owner, by said Final hereby approved and the Mayor and City Clerk Plat, has dedicated to the public forever; and are hereby authorized and directed to endorse Whereas, the City of Dubuque intends to the approval of the City of Dubuque, Iowa, construct public improvements that are in the upon said agreement. best interest of the City on these streets, which th Passed, approved and adopted this 7 day improvements shall be constructed at such of September, 2010. times and in accordance with the development Roy D. Buol, Mayor agreements to be entered into with the adja- Attest: Jeanne F. Schneider, CMC, City Clerk cent property owners; and Whereas, the adjoining property owners RESOLUTION NO. 352-10 have agreed to reimburse the City for said APPROVING THE PETITION AND WAIVER improvements should they default in making AGREEMENT WITH WILMAC PROPERTY building improvements as identified in a sepa- COMPANY rate development agreement. Whereas, the City of Dubuque has ac-NOW THEREFORE, BE IT RESOLVED cepted Final Plats dedicating right-of-way for BY THE CITY COUNCIL OF THE CITY OF public streets and utilities; and DUBUQUE, IOWA: Whereas, upon said Final Plat appears Section 1. That the City of Dubuque will th streets to be known as East 10 Street and make improvements to the platted Washington th Washington Street, together with certain public Street and East 10 Street areas in the Histor- easements, which the owner, by said Final ic Millwork District. Plat, has dedicated to the public forever; and Section 2. That the Petition and Waiver Whereas, the City of Dubuque intends to Agreement with Mid America Holdings, LLC, is construct public improvements that are in the hereby approved and the Mayor and City Clerk best interest of the City on these streets, which are hereby authorized and directed to endorse improvements shall be constructed at such the approval of the City of Dubuque, Iowa, times and in accordance with the development upon said agreement. th agreements to be entered into with the adja-Passed, approved and adopted this 7 day cent property owners; and of September, 2010. Whereas, the adjoining property owners Roy D. Buol, Mayor have agreed to reimburse the City for said Attest: Jeanne F. Schneider, CMC, City Clerk improvements should they default in making building improvements as identified in a sepa-Dubuque County Historical Society Lease rate development agreement. for Mississippi Plaza Property – Tabled from NOW THEREFORE, BE IT RESOLVED August 16, 2010 Meeting: City Manager re- BY THE CITY COUNCIL OF THE CITY OF commending approval of the amended lease DUBUQUE, IOWA: agreement between the Dubuque County His- torical Society and the City of Dubuque for the 384 Regular Session, September 7, 2010 Book 140 RESOLUTION NO. 355-10 development of the proposed Mississippi Pla- APPROVING A SUBLEASE BETWEEN PE- za, subject to the approval of the associated NINSULA GAMING COMPANY, L.L.C., AND sub-lease agreements and the Vision Iowa DUBUQUE COUNTY HISTORICAL SOCIETY contract. Motion by Jones to remove from the AND A SUB-SUBLEASE BETWEEN PENIN- table Seconded by Connors. Motion carried 7-0. SULA GAMING COMPANY, L.L.C., AND Motion by Jones to receive and file the DUBUQUE COUNTY HISTORICAL SOCIETY documents and adopt Resolution No. 354-10 Disposing of an interest in real property by Whereas, on March 31, 2004 the City of Fourth Amendment to Lease between the City Dubuque, Iowa (City), and Dubuque Racing of Dubuque, Iowa and Dubuque County Histor-Association, Ltd., (DRA) entered into an ical Society; and Resolution No. 355-10 Ap-Amended and Restated Lease Agreement proving a sublease between Peninsula Gam-(original Lease Agreement dated February 18, ing Company, LLC, and Dubuque County His-1990) in which the City leased to DRA a parcel torical Society and a sub-sublease between of real estate identified as Lot C, for parking Peninsula Gaming Company, LLC, and Dubu-purposes; and a parcel of real estate identified que County Historical Society. Seconded by as Lot D, each Lot more particularly identified Resnick. Motion carried 7-0. on the attached Exhibit A; and Whereas, DRA has subleased Lots C and RESOLUTION NO. 354-10 D to Peninsula Gaming Company, L.L.C. (Pe- DISPOSING OF AN INTEREST IN REAL ninsula); and PROPERTY BY FOURTH AMENDMENT TO Whereas, Dubuque County Historical So- LEASE BETWEEN THE CITY OF DUBUQE, ciety (the Historical Society) desires and in- IOWA AND DUBUQUE COUNTY tends to expand the National Mississippi River HISTORICAL SOCIETY Museum and Aquarium by developing a plaza Whereas, the City of Dubuque, Iowa (City) area between the Great Rivers Center and the and Dubuque County Historical Society National Mississippi River Museum building (DCHS) entered into a Lease Agreement which will require expansion and development (Lease) on June 5, 2000 for certain real prop-into a portion of the area identified as Lot C, erty (Demised Premises); and currently used for parking and a throughway Whereas, City and DCHS amended the and further requires the use of a portion of the Lease by the First, Second and Third Amend-area identified as Lot D, for development of the ments to Lease Agreement; and plaza area; and Whereas, City and DCHS desire to further Whereas, the Historical Society desires to amend the Lease as set forth in the attached sub-sublease those necessary portions of Lots Fourth Amendment; and C and D from Peninsula for the creation of a Whereas, on August 2, 2010 the City plaza area for the National Mississippi River Council pursuant to notice published as re-Museum and Aquarium pursuant to the Sub- quired by law held a public hearing on its intent Sublease between Peninsula Gaming Compa- to dispose of the foregoing interest in real ny, LLC, and Dubuque County Historical So- property and overruled all objections thereto; ciety attached hereto, which Sub-Sublease the and parties, including the City and DRA, desire to Whereas, the City Council finds that it is in approve; and the best interests of the City to approve the dis-Whereas, City and Peninsula are parties to position of such real property. a Lease Agreement dated June 1, 2005, pur- NOW, THEREFORE, BE IT RESOLVED BY suant to which City leases to Peninsula Lot B THE CITY COUNCIL OF THE CITY OF DUBU-shown on the attached Exhibit A; and QUE, IOWA: Whereas, the Historical Society desires to Section 1. The City Council of the City of sublease Lot B from Peninsula pursuant to the Dubuque, Iowa, approves the Fourth Amend-Sublease between Peninsula Gaming Compa- ment to Lease Agreement attached hereto and ny, L.L.C. and Dubuque County Historical So- the Mayor is hereby authorized and directed to ciety attached hereto; and sign this Resolution and the Fourth Amendment Whereas, City has agreed to consent to to Lease Agreement. the Sublease and the Sub-Sublease but only th Passed, approved and adopted this 7 day on the terms and conditions set forth therein. of September, 2010. 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: Section 1. The Sublease between Peninsu- la Gaming Company, LLC, and Dubuque County Historical Society and the Sub- Sublease between Peninsula Gaming Compa- ny, LLC, and Dubuque County Historical So- ciety are hereby approved. Book 140 Regular Session, September 7, 2010 385 Section 2. The Mayor is authorized and di-Tourism Program Grant Agreement attached rected to execute the consent to the Sublease hereto; and between Peninsula Gaming Company, LLC, Whereas, the City Council has determined and Dubuque County Historical Society and that execution of the Grant Agreement is in the the Sub-Sublease between Peninsula Gaming best interests of the City of Dubuque. Company, LLC, and Dubuque County Histori-NOW, THEREFORE, BE IT RESOLVED cal Society. BY THE CITY COUNCIL OF THE CITY OF th Passed, approved and adopted this 7 day DUBUQUE, IOWA: of September, 2010. Section 1. The River Enhancement Com- Roy D. Buol, Mayor munity Attraction and Tourism Program Grant Attest: Jeanne F. Schneider, CMC, City Clerk Agreement is hereby approved. Section 2. The City Manager is hereby au- Vision Iowa: River Enhancement Commu-thorized to execute the Grant Agreement and nity Attraction and Tourism Program Grant such other documents as are necessary to Agreement – Tabled from August 16, 2010 bind the City and to deliver the grant agree- Meeting: City Attorney recommending approv-ment and such other documents as the Vision al of a proposed River Enhancement Commu-Iowa Board or the Board’s legal counsel may nity Attraction and Tourism Program Grant reasonably request. th Agreement by and among the Vision Iowa Passed, approved and adopted this 7 day Board, Dubuque County Historical Society and of September, 2010. the City of Dubuque. Motion by Lynch to re-Roy D. Buol, Mayor move from the table. Seconded by Braig. Mo-Attest: Jeanne F. Schneider, CMC, City Clerk tion carried 7-0. Motion by Lynch to receive and file the Sunset Ridge Reconstruction Project: City documents and adopt Resolution No. 356-10 Manager recommending award of the public Approving the River Enhancement Community improvement contract for the Sunset Ridge Attraction and Tourism Program Grant Agree-Reconstruction Project to Eastern Iowa Exca- ment by and among the Vision Iowa Board, vating and Concrete, LLC in the amount of Dubuque County Historical Society and the $1,220,261.22. Motion by Connors to receive City of Dubuque. Seconded by Jones. Motion and file the documents and adopt Resolution No. carried 7-0. 357-10 Awarding public improvement contract for the Sunset Ridge Reconstruction Project. RESOLUTION NO. 356-10 Seconded by Jones. Motion carried 7-0. APPROVING THE RIVER ENHANCEMENT COMMUNITY ATTRACTION AND TOURISM RESOLUTION NO. 357-10 PROGRAM GRANT AGREEMENT BY AND AWARDING PUBLIC IMPROVEMENT CON- AMONG THE VISION IOWA BOARD, DU-TRACT FOR THE SUNSET RIDGE RECON- BUQUE COUNTY HISTORICAL SOCIETY STRUCTION PROJECT AND THE CITY OF DUBUQUE Whereas, sealed proposals have been Whereas, the River Enhancement Com-submitted by contractors for the Sunset Ridge munity Attraction and Tourism (RECAT) Pro-Reconstruction Project (the Project) pursuant gram was established by the Iowa Legislature to Resolution No. 241-10 and Notice to Bid- and the Governor of Iowa to supportcommuni-ders published in a newspaper published in th ty projects that build on Iowa's unique assets the City of Dubuque, Iowa, on the 9 day of and values and expand the recreational, cul-July, 2010. tural, educational, and entertainment opportun-Whereas, said sealed proposals were th ities that relate to, connect with and enhance opened and read on the 19 day of August, rivers., lakes, and. river corridors in Iowa; and 2010 and it has been determined that Eastern Whereas, the Dubuque County Historical Iowa Excavating and Concrete, LLC, of Cas- Society and the City of Dubuque submitted an cade, Iowa, with a bid in the amount of application to the Vision Iowa Board request-$1,220,261.22, is the lowest responsive, re- ing RECAT assistance to help finance the Mis-sponsible bidder for the Project. sissippi Plaza Project; and NOW THEREFORE, BE IT RESOLVED Whereas, the Vision Iowa Board found the BY THE CITY COUNCIL OF THE CITY OF Project to meet the requirements established DUBUQUE, IOWA: for participation in the RECAT Program; and That a Public Improvement Contract for the Whereas, the Board, on December 9, 2009 Project is hereby awarded to Eastern Iowa unanimously voted to award a grant of One Excavating and Concrete, LLC, and the City Million, Two Hundred Thirty Thousand Dollars Manager is hereby directed to execute a Pub- ($1,230,000) to assist in funding the Project, lic Improvement Contract on behalf of the City subject to the terms and conditions of the Riv-of Dubuque for the Project. th er Enhancement Community Attraction and Passed, approved and adopted this 7 day of September, 2010. 386 Regular Session, September 7, 2010 Book 140 Roy D. Buol, Mayor to permit the entering into of a Loan Agree- Attest: Jeanne F. Schneider, CMC, City Clerk ment on a basis favorable to the City and ac- General Obligation Loan Notes: City Man-ceptable to the Council, and to proceed to ager recommending acceptance of a proposal meet the conditions of this accepted proposal. th from U.S. Bank to purchase $2,850,000 Gen-Passed and approved this 7 day of Sep- eral Obligation Capital Loan Notes with a fixed tember, 2010. 1.49% interest rate, and a second Resolution Roy D. Buol, Mayor approving and authorizing a form of loan Attest: Jeanne F. Schneider, CMC, City Clerk agreement for the issuance of $2,850,000 RESOLUTION NO. 359-10 General Obligation Capital Loan Notes, Series RESOLUTION APPROVING AND AUTHO- 2010F, and levying a tax to pay the notes. RIZING A FORM OF LOAN AGREEMENT Motion by Connors to receive and file the doc- AND AUTHORIZING AND PROVIDING FOR uments and adopt Resolution No. 358-10 Di- THE ISSUANCE OF $2,850,000 GENERAL recting the acceptance of a proposal to pur- OBLIGATION CAPITAL LOAN NOTES, SE- chase $2,850,000 General Obligation Capital RIES 2010F, AND LEVYING A TAX TO PAY Loan Notes; and Resolution No. 359-10 Ap- THE NOTES proving and authorizing a form of Loan Agreement and authorizing and providing for Whereas, the Issuer is duly incorporated, the issuance of $2,850,000 General Obligation organized and exists under and by virtue of the Capital Loan Notes, Series 2010F, and levying laws and Constitution of the State of Iowa; and a tax to pay the notes. Seconded by Voetberg. Whereas, the Issuer is in need of funds to Motion carried 7-0. pay costs of constructing the Sycamore Street and 16th Street bridge improvements being RESOLUTION NO. 358-10 undertaken as part of the Bee Branch Creek RESOLUTION DIRECTING THE ACCEP- Restoration Project, an essential corporate TANCE OF A PROPOSAL TO PURCHASE purpose, and it is deemed necessary and ad- $2,850,000 GENERAL OBLIGATION CAPI- visable that a form of Loan Agreement be ap- TAL LOAN NOTES proved and authorized and General Obligation Whereas, the City of Dubuque, in the Capital Loan Notes, Series 2010F, in the County of Dubuque, State of Iowa, sometimes amount of $2,850,000 be issued for said pur- hereinafter referred to as the City, is a munici-pose; and pal corporation duly incorporated, organized Whereas, pursuant to notice published as and existing under and by virtue of the Consti-required by Sections 384.24, 384.24A and tution and laws of the State of Iowa; and 384.25 of said Code, this Council has held a Whereas, it is deemed necessary that the public meeting and hearing upon the proposal City should enter into a Loan Agreement and to institute proceedings for the issuance of borrow the amount of $2,850,000 as autho-said Notes, and the Council is therefore now rized by Sections 384.24, 384.24A and 384.25, authorized to proceed with the issuance of Code of Iowa, as amended, for the purposes $2,850,000 General Obligation Capital Loan of paying costs of constructing the Sycamore Notes. Street and 16th Street bridge improvements NOW, THEREFORE, BE IT RESOLVED being undertaken as part of the Bee Branch BY THE CITY COUNCIL OF THE CITY OF Creek Restoration Project; and DUBUQUE, IOWA: Whereas, proposals have been requested Section 1. Definitions. The following terms and received from financial institutions offering shall have the following meanings in this Reso- to enter into such Loan Agreement; and lution unless the text expressly or by neces- WHEREAS, it is the intention of this Coun-sary implication requires otherwise:  cil to enter into a Loan Agreement in accor- - "Issuer" and "City" shall mean the dance with the most favorable proposal re- City of Dubuque, Iowa. ceived.  - "Loan Agreement" shall mean a NOW, THEREFORE, BE IT RESOLVED Loan Agreement between the Issuer BY THE CITY COUNCIL OF THE CITY OF and a lender or lenders in substantial- DUBUQUE, IOWA: ly the form attached to and approved Section 1. That this Council does hereby by this Resolution. accept the attached proposal of US Bank of  - "Note Fund" shall mean the fund Dubuque, Iowa, and takes additional action to created in Section 4 of this Resolu- permit the entering into of a Loan Agreement tion. on the basis proposed.  - "Notes" shall mean $2,850,000 Section 2. The Mayor and City Clerk are General Obligation Capital Loan authorized and directed to proceed on behalf Notes, Series 2010F, authorized to of the City to acknowledge the acceptance of be issued by this Resolution. said proposal, to negotiate the final terms of a Loan Agreement, to take all action necessary Book 140 Regular Session, September 7, 2010 387  - "Paying Agent" shall mean the FISCAL YEAR AMOUNT (JULY 1 TO JUNE 30) Finance Director, or such successor YEAR OF COLLECTION as may be approved by Issuer as provided herein and who shall carry $978,781.842011/2012 out the duties prescribed herein as $964,351.602012/2013 Issuer's agent to provide for the pay- ment of principal of and interest on (NOTE: For example the levy to be the Notes as the same shall become made and certified against the taxa- due. ble valuations of January 1, 2010, will  - "Project" shall mean the costs of be collected during the fiscal year constructing the Sycamore Street and commencing July 1, 2011). 16th Street bridge improvements be- (b) Resolution to be Filed With ing undertaken as part of the Bee County Auditor. A certified copy of Branch Creek Restoration Project. this Resolution shall be filed with the  - "Project Fund" shall mean the Auditor of Dubuque County, Iowa and fund required to be established by the Auditor is hereby instructed in and this Resolution for the deposit of the for each of the years as provided, to levy and assess the tax hereby au- proceeds of the Notes.  thorized in Section 3 of this Resolu- - "Rebate Fund" shall mean the tion, in like manner as other taxes are fund so defined in and established levied and assessed, and such taxes pursuant to the Tax Exemption Certif- so levied in and for each of the years icate. aforesaid be collected in like manner  - "Registrar" shall mean the as other taxes of the City are col- Finance Director of Dubuque, Iowa, lected, and when collected be used or such successor as may be ap- for the purpose of paying principal proved by Issuer as provided herein and interest on said Notes issued in and who shall carry out the duties anticipation of the tax, and for no oth- prescribed herein with respect to er purpose whatsoever. maintaining a register of the owners (c) Additional City Funds Availa- of the Notes. Unless otherwise speci- ble. Principal and interest coming due fied, the Registrar shall also act as at any time may be paid from availa- Transfer Agent for the Notes. ble revenues of the Stormwater Man-  - "Resolution" shall mean this reso- agement Utility System. In the event lution authorizing the Notes. such revenues are not available, and  - "Tax Exemption Certificate" shall when the proceeds of said tax on mean the Tax Exemption Certificate hand shall be insufficient to pay the executed by the Treasurer and deli- same, principal and interest shall be vered at the time of issuance and de- promptly paid when due from current livery of the Notes. funds of the City available for that  - "Treasurer" shall mean the purpose and reimbursement shall be Finance Director or such other officer made from such special fund in the as shall succeed to the same duties amounts thus advanced. and responsibilities with respect to Section 4. Note Fund. Said tax shall be as- the recording and payment of the sessed and collected each year at the same Notes issued hereunder. time and in the same manner as, and in addi- Section 2. Loan Agreement. The form of tion to, all other taxes in and for the City, and Loan Agreement in substantially the form at- when collected they shall be converted into a tached to this Resolution is hereby approved special fund within the Debt Service Fund to and is authorized to be executed and issued be known as the "GENERAL OBLIGATION on behalf of the Issuer by the Mayor and at- CAPITAL LOAN NOTE FUND 2010F" (the tested by the City Clerk. "Note Fund"), which is hereby pledged for and Section 3. Levy and Certification of Annual shall be used only for the payment of the prin- Tax; Other Funds to be Used. cipal of and interest on the Notes hereinafter (a) Levy of Annual Tax. That for authorized to be issued; and also there shall the purpose of providing funds to pay be apportioned to said fund its proportion of the principal and interest of the Notes taxes received by the City from property that is hereinafter authorized to be issued, centrally assessed by the State of Iowa. there is hereby levied for each future Section 5. Application of Note Proceeds. year the following direct annual tax on Proceeds of the Notes other than accrued in- all of the taxable property in the City terest except as may be provided below shall of Dubuque, Iowa, to-wit: be credited to the Project Fund and expended 388 Regular Session, September 7, 2010 Book 140 therefrom for the purposes of the Project. Any the Mayor and attested by the manual amounts on hand in the Project Fund shall be or facsimile signature of the City available for the payment of the principal of or Clerk, and impressed or printed with interest on the Notes at any time that other the seal of the City and shall be fully funds shall be insufficient to the purpose, in registered as to both principal and in- which event such funds shall be repaid to the terest as provided in this Resolution; Project Fund at the earliest opportunity. Any principal, interest and premium, if balance on hand in the Project Fund and not any, shall be payable at the office of immediately required for its purposes may be the Paying Agent by mailing of a invested not inconsistent with limitations pro-check to the registered owner of the vided by law or this Resolution. Accrued inter-Note. The Notes shall be in the de- est, if any, shall be deposited in the Note nomination of $5,000 or multiples the- Fund. reof and shall mature and bear inter- Section 6. Investments of Note Fund est as follows: Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in in- Principal Interest Maturity st vestments permitted by Chapter 12B, Code of Amount Rate June 1 Iowa, 2009, as amended, or deposited in fi- $950,000 1.49% 2011 nancial institutions which are members of the $950,000 1.49% 2012 Federal Deposit Insurance Corporation and $950,000 1.49% 2013 the deposits in which are insured thereby and all such deposits exceeding the maximum (b) Redemption. The Notes may amount insured from time to time by FDIC or be called for redemption by the Issuer its equivalent successor in any one financial and paid before maturity on any date, institution shall be continuously secured in from any funds regardless of source, compliance with Chapter 12C of the Code of in whole or from time to time in part, Iowa, 2009, as amended, or otherwise by a in any order of maturity and within an valid pledge of direct obligations of the United annual maturity by lot. The terms of States Government having an equivalent mar- redemption shall be par, plus accrued ket value. All such interim investments shall interest to date of call. mature before the date on which the moneys Ten day's notice of redemption are required for payment of principal of or in- shall be given by certified mail to the terest on the Notes as herein provided. registered owner of the Note. Failure Section 7. Note Details, Execution and Re- to give such notice by mail to any reg- demption. istered owner of the Notes or any de- (a) Note Details. General Obliga- fect therein shall not affect the validity tion Capital Loan Notes, Series of any proceedings for the redemp- 2010F, of the City in the total amount tion of the Notes. All Notes or por- of $2,850,000, shall be issued to evi- tions thereof called for redemption will dence the obligations of the Issuer cease to bear interest after the speci- under the Loan Agreement pursuant fied redemption date, provided funds to the provisions of Sections 384.24, for their redemption are on deposit at 384.24A, and 384.25 of the City Code the place of payment. of Iowa, as amended, for the aforesa- If selection by lot within a maturity id purpose. The Notes shall be issued is required, the Registrar shall desig- in one or more series and shall be on nate the Notes to be redeemed by a parity and secured equally and rat- random selection of the names of the ably from the sources provided in registered owners of the entire annual Section 3 of this Resolution. The maturity until the total amount of Notes shall be designated Notes to be called has been reached. "$2,850,000 GENERAL OBLIGA- Section 8. Registration of Notes; Appoint- TION CAPITAL LOAN NOTES, SE- ment of Registrar; Transfer; Ownership; Deli- RIES 2010F", be dated the date of very; and Cancellation. delivery, and bear interest from the (a) Registration. The ownership of date thereof, until payment thereof, at Notes may be transferred only by the the office of the Paying Agent, said making of an entry upon the books interest payable on December 1, kept for the registration and transfer 2010, and semiannually thereafter on of ownership of the Notes, and in no the 1st day of June and December in other way. The Finance Director is each year until maturity at the rates hereby appointed as Registrar under hereinafter provided. the terms of this Resolution. Registrar The Notes shall be executed by shall maintain the books of the Issuer the manual or facsimile signature of Book 140 Regular Session, September 7, 2010 389 for the registration of ownership of the and effectual to satisfy and discharge Notes for the payment of principal of the liability upon such Note, including and interest on the Notes as provided the interest thereon, to the extent of in this Resolution. All Notes shall be the sum or sums so paid. negotiable as provided in Article 8 of (e) Cancellation. All Notes which the Uniform Commercial Code sub-have been redeemed shall not be ject to the provisions for registration reissued but shall be cancelled by the and transfer contained in the Notes Registrar. All Notes which are can- 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 if any Note is not number or federal employer identifi-presented for payment of principal at cation number of such transferee (or, the maturity or redemption date, if if registration is to be made in the funds sufficient to pay such principal name of multiple individuals, of all of or interest on Notes shall have such transferees). In the event that been made available to the Paying the address of the registered owner Agent for the benefit of the owner the- of a Note (other than a registered reof, all liability of the Issuer to the owner which is the nominee of the owner thereof for such interest or broker or dealer in question) is that of payment of such Notes shall forthwith a broker or dealer, there must be dis-cease, terminate and be completely closed on the Registration Books the discharged, and thereupon it shall be information pertaining to the regis-the duty of the Paying Agent to hold tered owner required above. Upon such funds, without liability for inter- the transfer of any such Note, a new est thereon, for the benefit of the fully registered Note, of any denomi-owner of such Notes who shall the- nation or denominations permitted by reafter be restricted exclusively to this Resolution in aggregate principal such funds for any claim of whatever amount equal to the unmatured and nature on his part under this Resolu- unredeemed principal amount of such tion or on, or with respect to, such in- transferred fully registered Note, and terest or Notes. The Paying Agent's bearing interest at the same rate and obligation to hold such funds shall maturing on the same date or dates continue for a period equal to two shall be delivered by the Registrar. years and six months following the (c) Registration of Transferred date on which such interest or prin- Notes. In all cases of the transfer of cipal became due, whether at maturi- the Notes, the Registrar shall register, ty, or at the date fixed for redemption at the earliest practicable time, on the thereof, or otherwise, at which time Registration Books, the Notes, in ac-the Paying Agent, shall surrender any cordance with the provisions of this remaining funds so held to the Issuer, Resolution. whereupon any claim under this Res- (d) Ownership. As to any Note, olution by the Owners of such interest the person in whose name the own-or Notes of whatever nature shall be ership of the same shall be registered made upon the Issuer. on the Registration Books of the Re-(g) Registration and Transfer gistrar shall be deemed and regarded Fees. The Registrar may furnish to as the absolute owner thereof for all each owner, at the Issuer's expense, purposes, and payment of or on ac-one Note for each annual maturity. count of the principal of any such The Registrar shall furnish additional Notes and the premium, if any, and Notes in lesser denominations (but interest thereon shall be made only to not less than the minimum denomina- or upon the order of the registered tion) to an owner who so requests. owner thereof or his legal representa-Section 9. Reissuance of Mutilated, De- tive. All such payments shall be valid stroyed, Stolen or Lost Notes. In case any 390 Regular Session, September 7, 2010 Book 140 outstanding Note shall become mutilated or be issuance and sale of the Notes issued he- destroyed, stolen or lost, the Issuer shall at the reunder which will cause any of the Notes to request of Registrar authenticate and deliver a be classified as arbitrage notes within the new Note of like tenor and amount as the Note meaning of Sections 148(a) and (b) of the In- so mutilated, destroyed, stolen or lost, in ex-ternal Revenue Code of the United States, as change and substitution for such mutilated amended, and that throughout the term of the Note to Registrar, upon surrender of such mu-Notes it will comply with the requirements of tilated Note, or in lieu of and substitution for statutes and regulations issued thereunder. the Note destroyed, stolen or lost, upon filing To the best knowledge and belief of the Is- with the Registrar evidence satisfactory to the suer, there are no facts or circumstances that Registrar and Issuer that such Note has been would materially change the foregoing state- destroyed, stolen or lost and proof of owner-ments or the conclusion that it is not expected ship thereof, and upon furnishing the Registrar that the proceeds of the Notes will be used in a and Issuer with satisfactory indemnity and manner that would cause the Notes to be arbi- complying with such other reasonable regula-trage notes. Without limiting the generality of tions as the Issuer or its agent may prescribe the foregoing, the Issuer hereby agrees to and paying such expenses as the Issuer may comply with the provisions of the Tax Exemp- incur in connection therewith. tion Certificate and the provisions of the Tax Section 10. Record Date. Payments of Exemption Certificate are hereby incorporated principal and interest, otherwise than upon full by reference as part of this Resolution. The redemption, made in respect of any Note, shall Treasurer is hereby directed to make and in- be made to the registered holder thereof or to sert all calculations and determinations neces- their designated Agent as the same appear on sary to complete the Tax Exemption Certificate the books of the Registrar on the 15th day in all respects and to execute and deliver the preceding the payment date. All such pay-Tax Exemption Certificate at issuance of the ments shall fully discharge the obligations of Notes to certify as to the reasonable expecta- the Issuer in respect of such Notes to the ex-tions and covenants of the Issuer at that date. tent of the payments so made. Payment of Section 16. Additional Covenants, Repre- principal shall only be made upon surrender of sentations and Warranties of the Issuer. The the Note to the Paying Agent. Issuer certifies and covenants with the pur- Section 11. Execution, Authentication and chasers and holders of the Notes from time to Delivery of the Notes. The Mayor and Clerk time outstanding that the Issuer through its shall execute and deliver the Notes to the Re-officers, (a) will make such further specific gistrar, who shall authenticate the Notes and covenants, representations and assurances as deliver the same to or upon order of the Pur-may be necessary or advisable; (b) comply chaser. No Note shall be valid or obligatory for with all representations, covenants and assur- any purpose or shall be entitled to any right or ances contained in the Tax Exemption Certifi- benefit hereunder unless the Registrar shall cate, which Tax Exemption Certificate shall duly endorse and execute on such Note a Cer-constitute a part of the contract between the tificate of Authentication substantially in the Issuer and the owners of the Notes; (c) consult form of the Certificate herein set forth. Such with bond counsel (as defined in the Tax Ex- Certificate upon any Note executed on behalf emption Certificate); (d) pay to the United of the Issuer shall be conclusive evidence that States, as necessary, such sums of money the Note so authenticated has been duly is-representing required rebates of excess arbi- sued under this Resolution and that the holder trage profits relating to the Notes; (e) file such thereof is entitled to the benefits of this Reso-forms, statements and supporting documents lution. 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 noteholder. Section 17. Amendment of Resolution to Section 13. Form of Note. Notes 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 Notes 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 Notes under Purchaser. This Resolution shall constitute a applicable Federal law or regulations. contract between said City and the purchaser Section 18. Severability Clause. If any sec- of the Notes. tion, paragraph, clause or provision of this Section 15. Non-Arbitrage Covenants. The Resolution be held invalid, such invalidity shall Issuer reasonably expects and covenants that not affect any of the remaining provisions he- no use will be made of the proceeds from the reof, and this Resolution shall become effec- Book 140 Regular Session, September 7, 2010 391 tive immediately upon its passage and ap-Section 2. That the Final Plat of Wingate proval. Place No. 4 is hereby approved by the Mayor Section 19. Repeal of Conflicting Resolu-and City Clerk are hereby authorized and di- tions or Ordinances. All ordinances and resolu-rected to endorse the approval of the City of tions and parts of ordinances and resolutions Dubuque, Iowa, upon said final plat, provided in conflict herewith are hereby repealed. the owners of said property herein named, th Passed and approved this 7 day of Sep-execute their written acceptance hereto at- tember, 2010. tached agreeing: Roy D. Buol, Mayor (a) To reduce Wingate Drive (Lot A) to Attest, Jeanne F. Schneider, CMC, City Clerk grade and to construct longitudinal sub- drain, concrete curb and gutter and to hard Keyline Rebranding Process: City Manager surface with asphaltic concrete, or with requesting City Council input to help identify concrete paving with integral curb, all in the top five names in the Keyline Rebranding accordance with the City of Dubuque stan- Process. Motion by Connors to receive and file dard specifications, all in a manner accept- the documents and approve the top five choic-able to the City Engineer, in conformance es and add “Green Machine.” Seconded by with construction improvement plans ap- Jones. Motion carried 6-1 with Resnick voting proved by the City Engineer, and inspected nay. by the City Engineer. (b) To install sanitary sewer mains and Final Plat – Wingate Place #4: City Man-sewer service laterals into each individual ager recommending approval of the final plat lot, water mains and water service laterals of Wingate Place #4 in the City of Dubuque. into each individual lot, storm sewers and Motion by Jones to receive and file the docu-catch basins, boulevard street lighting and ments and adopt Resolution No. 360-10 Ap-erosion control devices all in accordance proving the final plat of Wingate Place #4. with the City of Dubuque standard specifi- Seconded by Braig. Motion carried 7-0. cations, all in a manner acceptable to the City Engineer, and in accordance with con- RESOLUTION NO. 360-10 struction improvement plans approved by AUTHORIZING APPROVING FINAL PLAT the City Engineer, and inspected by the OF WINGATE PLACE NO. 4 IN THE CITY OF City Engineer. DUBUQUE, IOWA (c) To construct said improvements, Whereas, there has been filed with the City prior to the two (2) years from the date of Clerk a final plat of Wingate Place No. 4 in the acceptance of this resolution, at the sole City of Dubuque, Iowa; and expense of the owners, or future owner. Whereas, upon said final plat appears a (d) To maintain the public improve- street to be known as Wingate Drive (Lot A) ments, for a period of two (2) years from together with certain public utility, storm sewer the date of the acceptance of those im- and water main easements, which the owner provements by the City Council of the City by said final plat has dedicated to the public of Dubuque, Iowa, at the sole final expense forever; and of the owners, or future owner; and, further Whereas, the preliminary plat has been provided that said GNZ Properties, Inc., L. examined by the Zoning Advisory Commission Wingate Properties, LLC, D. Wingate Real and had its approval endorsed thereon; and Estate, LLC, as owners of said property, Whereas, said final plat has been reviewed shall secure the performance of the fore- by the City Planner and had her approval en-going conditions provided in this Section by dorsed thereon subject to the owner’s agree-providing guarantees in such form and with ing to the conditions noted in Section 3 below; such sureties as may be acceptable to the and City Manager of the City of Dubuque, Iowa. Whereas, said final plat has been ex-Section 3. Sidewalk installation shall be the amined by the City Council and they find that it responsibility of the owner abutting the public conforms to the statutes and ordinances relat-rights-of-way, including lots with multiple fron- ing to it, except that streets and public utilities tages, as required by City Code 10-1-2 (Side- have not yet been completely constructed or walk Installation and Repair). installed. Section 4. The owner must continue to own NOW THEREFORE, BE IT RESOLVED and maintain Lot B of Wingate Place No. 3 and BY THE CITY COUNCIL OF THE CITY OF stormwater detention facility until (1) the facility DUBUQUE, IOWA: has been fully completed, (2) 80% of the plat- Section 1. That the dedication of Wingate ted lots on Wingate Place, Wingate Place No. Drive (Lot A) and the easements for public 2, Wingate Place No. 3, Wingate Place No. 4 utilities, storm sewer and water mains, as they and subdivisions thereof have been fully de- appear on said final plat, be and the same are veloped, and (3) adequate erosion control hereby accepted. measures, as approved by the City have been 392 Regular Session, September 7, 2010 Book 140 installed on the remaining 20% of the lots. mendation. Seconded by Connors. Motion Acceptance of said Lot B and the detention carried 7-0. facility must be by the City Council as required by the Unified Development Code. Upon the Environmental Stewardship Advisory City’s acceptance of the detention facility, the Commission: Communication from Wayne inspection, administrative and maintenance Klostermann, Chair – Environmental Steward- expenses incurred by the City of Dubuque for ship Advisory Commission, requesting that the the storm water detention facility (Lot B of City encourage retailers not to use petroleum- Wingate Place No. 3) shall be assessed based plastic bags and that the City adopt a against the lot owners of all phases of Wingate policy of recommending the phasing out of the Place as indicated above and on the prelimi-use of plastic bags. Motion by Connors to re- nary plat, in proportion to the acreage of each ceive and file the documents and work toward lot, and the City Manager shall certify such phasing out the use of petroleum-based plastic costs to the City Clerk, who in turn shall bags no later than 2014. Seconded by Jones. promptly certify such costs to the Dubuque Motion carried 6-1 with Resnick voting nay. County Treasurer, and such costs shall then be collected with and in the same manner as Urban Conservation Program and Wa- general property taxes in accordance with pro-tershed Management Plan: Communication visions of law. from Wayne Klostermann, Chair – Environ- Section 5. That the final acceptance of the mental Stewardship Advisory Commission, public improvements shall occur upon certifica-recommending that the City support and fund tion of the City Engineer to the City Council the Urban Conservation program and Wa- that the public improvements have been com-tershed Management Plan for the Catfish pleted in accordance with the approved im-Creek watershed basin. Motion by Lynch to provement plans and City standards and spe-receive and file the documents and refer to cifications and accepted by City Council Reso-staff. Seconded by Braig. Motion carried 7-0. lution. Section 6. That in the event GNZ Proper-Air Service Support Request: City Manager ties, Inc., L. Wingate Properties, LLC, D. Win-recommending leveraging $150,000 revenue gate Real Estate, LLC, fail to execute the ac-guarantee money as a match for a Feder- ceptance and furnish the guarantees provided al/State Small Community Air Service Grant in Section 2 hereof within 180 days after the application with other partners to develop a date of this Resolution, the provisions hereof pool of $856,045 to enhance air service, which shall be null and void and the acceptance of could include a fourth flight. Motion by Con- the dedication and approval the plat shall not nors to receive and file the documents and be effective. approve the recommendation. Seconded by th Passed, approved and adopted this 7 day Lynch. Motion carried 7-0. of September 2010. th Roy D. Buol, Mayor Five Flags Theater 100 Birthday Entryway Attest: Jeanne F. Schneider, CMC, City Clerk Renovation Project – Phase 1: City Manager recommending approval of the funding of th ACCEPTANCE OF Phase I of the Five Flags Theater 100 Birth- RESOLUTION NO. 360-10 day Entryway Renovations. Motion by Connors I, the undersigned, Jim Gantz, representing to receive and file the documents and approve GNZ Properties, Inc., L. Wingate Properties, the recommendation. Seconded by Resnick. LLC, D. Wingate Real Estate, LLC, having Motion carried 7-0. read the terms and conditions of the Resolu- tion No. 360-10 and being familiar with the Revocable Permit – Art Pape Transfer, conditions thereof, hereby accept this same Inc.: City Manager recommending revocation and agree to the conditions required therein. of Ordinance No. 62-94 for Art Pape Transfer, th Dated in Dubuque, Iowa, this 14 day of Inc. to operate a private parking lot on City- September, 2010. owned property. Motion by Jones to receive By: Jim Gantz and file the documents and that the require- GNZ Properties, Inc., ment that a proposed ordinance be considered L. Wingate Properties, LLC, and voted on for passage at two Council meet- D. Wingate Real Estate, LLC, ings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. 2012 International Energy Conservation Motion carried 7-0. Code: City Manager recommending support Motion by Jones for final consideration and for the adoption of the 2012 International passage of Ordinance No. 52-10 Revoking the Energy Conservation Code by the International Revocable Permit granted by Ordinance No. Code Council. Motion by Jones to receive and 62-04 to Art Pape Transfer, Inc. to operate and th file the documents and approve the recom-maintain a parking lot located on East 12 Book 140 Regular Session, September 7, 2010 393 Street, just east of Highway 61/151. Seconded that the City designate a voting delegate and by Connors. Motion carried 7-0. alternate voting delegate for the upcoming National League of Cities Annual Business OFFICIAL PUBLICATION meeting on December 4, 2010. Motion by ORDINANCE NO. 52-10 Lynch to receive and file the documents and REVOKING THE REVOCABLE PERMIT appoint Mayor Buol and Council Member Con- GRANTED BY ORDINANCE NO. 62-94 TO nors as the voting delegate and alternate re- ART PAPE TRANSFER, INC. TO OPERATE spectively. Seconded by Braig. Motion carried AND MAINTAIN A PARKING LOT LOCATED 7-0. TH ON EAST 12 STREET, JUST EAST OF HIGHWAY 61/151 COUNCIL MEMBER REPORTS Whereas, Ordinance No. 62-94 granted a revocable permit to Art Pape Transfer, Inc., to Connors reported on the possibility of ban- operate and maintain a parking lot located on ning backyard recreational fires due to several th East 12 Street, just east of Highway 61/151; complaints received. Jones added that the City and has an ordinance that already regulates recre- Whereas, the City Council has determined ational fires and sees it as an enforcement that the permit should now be revoked. issue. Voetberg added that the City’s geogra- NOW, THEREFORE, BE IT ORDAINED phy aggravates the flow of smoke and a com- BY THE CITY COUNCIL OF THE CITY OF plaint process is already in place. DUBUQUE, IOWA: Resnick reported on the need to solve traf- Section 1. The permit granted by Ordin-fic issues at N. Grandview Avenue and Clarke ance No. 62-94 and all permission and authori-Drive related to Senior High School. th ty to occupy the East 12 Street right-of-way is PUBLIC INPUT hereby revoked. Section 2. This ordinance shall take effect on publication. Sgt. Lee Harlow Andre, 1175 Highland th Passed, adopted and approved this 7 day Place, addressed the Council regarding the of September, 2010. pet park, but was gaveled off by Mayor Buol /s/Roy D. Buol, Mayor for making inappropriate remarks. Attest: /s/Jeanne F. Schneider, CMC, City Clerk There being no further business, upon mo- Published in the Telegraph Herald Newspaper tion the City Council adjourned at 9:00 p.m. th the 11 day of September, 2010. /s/Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC City Clerk City of Bellevue, Iowa: Communication from Mayor Virgil Murray, City of Bellevue, thanking the City Council for their efforts in the Sedgwick expansion project. Motion by Con- nors to receive and file the document. Seconded by Braig. Mayor Pro-Tem Braig read the letter into the record. Motion carried 7-0. Sister City Letter: Communication from Mayor Roy D. Buol to Mr. Wolfgang Rümmele, Mayor of Dornbirn, Austria, regarding a formal Sister City relationship. Motion by Voetberg to receive and file the document and approve the letter. At the Mayor’s request, City Council discussed the current format of the Sister City Committee and its membership. Consideration was given to a more formal structure and membership appointment process, which would include additional City staff and busi- ness partnerships. Council Members Lynch and Voetberg, who currently sit on the Sister City Committee, agreed to a review. Seconded by Resnick. Motion carried 7-0. National League of Cities: Communication from the National League of Cities requesting 394 Regular Session, September 20, 2010 Book 140 CITY OF DUBUQUE, IOWA Trustees of 8/12; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of 8/26 CITY COUNCIL Proof of publication of the List of Claims and OFFICIAL Summary of Revenues for month ended July 31, PROCEEDINGS 2010 Upon motion the documents were received and filed. The Dubuque City Council met in regular ses- sion at 6:30 p.m. on September 20, 2010 in the Notice of Claims/Suits: Susan M. Schetgen for Historic Federal Building. personal injury; Uneka Lewis vs. City of Dubuque, et al. Upon motion the documents were received, Present: Mayor Pro-Tem Braig, Council Mem- filed and referred to the City Attorney. bers Connors, Jones, Lynch, Resnick, Voetberg (via telephone), City Manager Van Milligen, Assis- City Attorney advising that the following claims tant City Attorney O’Brien have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- Absent: Mayor Buol surance Pool: Micah Mork for property dam- age/vehicle damage; Susan Schetgen for person- Mayor Pro-Tem Braig read the call and stated al injury; Brandon Priem for property damage. this is a regular session of the City Council to act Upon motion the documents were received, filed, upon such business that may properly come be- and concurred. fore the City Council. Montrose Terrace Stairs Reconstruction Pledge of Allegiance Project: City Manager recommending acceptance of the Montrose Terrace Stairs Reconstruction Invocation was provided by Sister Dolores Project as completed by Max Smith Construction McHugh, BVM, Sisters of Charity of the Blessed in the final contract amount of $46,880.80. Upon Virgin Mary motion the documents were received and filed and Resolution No. 361-10 Accepting the Montrose PROCLAMATIONS Terrace Stairs Reconstruction Project and autho- rizing payment of the contract amount to the con- Constitution Week (September 17 – 23, 2010) tractor was adopted. was accepted by Eileen Coursey, Daughters of the American Revolution, 2222 Central Avenue; RESOLUTION NO. 361-10 Crop Walk Day in Dubuque (October 3, 2010) was ACCEPTING THE MONTROSE TERRACE accepted by Dorothy Krayer, 1205 Park Street.; STAIRS RECONSTRUCTION PROJECT Arts and Humanities Month (October 2010) was AND AUTHORIZING THE PAYMENT OF THE accepted by Arts and Cultural Affairs Advisory CONTRACT AMOUNT TO THE CONTRAC- Commission Chairperson Geri Shafer, 1207 Ade- TOR line Street, and representatives of the Dubuque Whereas, the Public Improvement Contract for Youth Ballet; and Make a Will Month (October the Montrose Terrace Stairs Reconstruction 2010) was accepted by Make a Will Month Com- Project (the Project) has been completed and the mittee Members Ric Jones, 1370 Dunleith Ct.; City Engineer has examined the work and filed a Joan Ness, 7638 N. Indian Ridge Road, E. Dubu- certificate stating that the Project has been com- que, IL; and Dave Schmitz, 1317 Curtis Street. pleted according to the terms of the Public Im- provement Contract and that the City Engineer CONSENT ITEMS recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY Motion by Lynch to receive and file the docu- THE CITY COUNCIL OF THE CITY OF DUBU- ments, adopt the resolutions, and dispose of as QUE, IOWA: indicated with Item #22 Alcohol Compliance - Civil Section 1. The recommendation of the City Penalty for Lot One being removed from the Engineer is approved and the Project is hereby agenda. Seconded by Resnick. Motion carried 6- accepted. 0. Section 2. The Finance Director is hereby di- rected to pay to the Contractor from the Montrose Minutes and Reports Submitted: Airport Steps Reconstruction Project, Steps, Railing, Commission of 8/2 and 8/16; Arts and Cultural Fencing, and Sidewalk Program, City-Owned Affairs Advisory Commission of 7/27; Cable appropriations for the contract amount of Community Teleprogramming Commission of $46,880.80 less any retained percentage provided 8/26; City Council of 9/7; Environmental Steward- for therein as provided in Iowa Code Chapter 573, ship Advisory Commission of 9/7; Park and and to pay such retainage only in accordance with Recreation Commission of 8/10; Transit Board of the provisions of Iowa Code Chapter 573. Book 140 Regular Session, September 20, 2010 395 thth Passed, approved and adopted this 20 day of Passed, approved and adopted this 20 day of September, 2010. September, 2010. Karla A. Braig, Mayor Pro-Tem Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MONTROSE TER-COMPLETION OF THE MCALEECE PARK RACE STAIRS RECONSTRUCTION AND RECREATION COMPLEX PARKING PROJECT LOT RECONSTRUCTION PROJECT The undersigned City Engineer of the City of The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in-Dubuque, Iowa, hereby certifies that he has in- spected the Montrose Terrace Stairs Reconstruc-spected the McAleece Park and Recreation Com- tion Project, that the Project has been performed plex Parking Lot Reconstruction Project, that the in compliance with the terms of the Public Im-Project has been performed in compliance with provement Contract, and that the total cost of the the terms of the Public Improvement Contract, and completed work is $56,993.40. that the total cost of the completed work is th Dated this 15 day of September, 2010. $242,417.47. th Gus Psihoyos, City Engineer Dated this 15 day of September, 2010. th Filed in the office of the City Clerk on the 15 Gus Psihoyos, City Engineer th day of September, 2010. Filed in the office of the City Clerk on the 15 Jeanne F. Schneider, CMC, City Clerk day of September, 2010. Jeanne F. Schneider, CMC, City Clerk McAleece Parking Lot Reconstruction Project: thth City Manager recommending acceptance of the Utility Relocation Project – 9 to 10 Street on McAleece Parking Lot Reconstruction Project as Central Avenue: City Manager recommending th completed by River City Paving in the final con-acceptance of the Utility Relocation Project – 9 to th tract amount of $233,866.45. Upon motion the 10 Street on Central Avenue as completed by documents were received and filed and Resolu-Top Grade Excavating, Inc., in the final contract tion No. 362-10 Accepting the McAleece Parking amount of $727,373.48. Upon motion the docu- Lot Reconstruction Project and authorizing pay-ments were received and filed and Resolution No. ment of the contract amount to the contractor was 363-10 Accepting the Utility Relocation Project – thth adopted. 9 to 10 Street on Central Avenue and authoriz- ing payment of the contract amount to the contrac- RESOLUTION NO. 362-10 tor was adopted. ACCEPTING THE MCALEECE PARK AND RECREATION COMPLEX PARKING LOT RESOLUTION NO. 363-10 RECONSTRUCTION PROJECT AND AU-ACCEPTING THE UTILITY RELOCATION THTH THORIZING THE PAYMENT OF THE CON-PROJECT – 9 TO 10 STREET: SANITA- TRACT AMOUNT TO THE CONTRACTOR RY SEWER, 20-INCH TRANSMISSION WA- TERMAIN, AND FIBER OPTIC CONDUIT Whereas, the Public Improvement Contract for AND AUTHORIZING THE PAYMENT OF THE the McAleece Park and Recreation Complex CONTRACT AMOUNT TO THE CONTRAC- Parking Lot Reconstruction Project (the Project) TOR has been completed and the City Engineer has examined the work and filed a certificate stating Whereas, the Public Improvement Contract for thth that the Project has been completed according to the Utility Relocation Project – 9 to 10 Street: the terms of the Public Improvement Contract and Sanitary Sewer, 20-Inch Transmission Watermain, that the City Engineer recommends that the and Fiber Optic Conduit (the Project) has been Project be accepted. completed and the City Engineer has examined NOW THEREFORE, BE IT RESOLVED BY the work and filed a certificate stating that the THE CITY COUNCIL OF THE CITY OF DUBU-Project has been completed according to the QUE, IOWA: terms of the Public Improvement Contract and that Section 1. The recommendation of the City the City Engineer recommends that the Project be Engineer is approved and the Project is hereby accepted. accepted. NOW THEREFORE, BE IT RESOLVED BY Section 2. The Finance Director is hereby di-THE CITY COUNCIL OF THE CITY OF DUBU- rected to pay to the Contractor from the McAleece QUE, IOWA: Park and Recreation Complex Re-Construct Park-Section 1. The recommendation of the City ing Lots appropriation for the contract amount of Engineer is approved and the Project is hereby $233,866.45 less any retained percentage pro-accepted. vided for therein as provided in Iowa Code Chap-Section 2. The Finance Director is hereby di- ter 573, and to pay such retainage only in accor-rected to pay to the Contractor from the Sanitary dance with the provisions of Iowa Code Chapter Sewer Construction Funds, General Storm Sewer 573. Repairs, Traffic Conduit & Foundations, Fiber 396 Regular Session, September 20, 2010 Book 140 Optic Conduit & Structures, Street Lighting, and NOW THEREFORE, BE IT RESOLVED BY Water Construction Funds appropriations for the THE CITY COUNCIL OF THE CITY OF DUBU- contract amount of $727,373.48 less any retained QUE, IOWA: percentage provided for therein as provided in Section 1. The recommendation of the City Iowa Code Chapter 573, and to pay such retai-Engineer is approved and the Project is hereby nage only in accordance with the provisions of accepted. Iowa Code Chapter 573. Section 2. The Finance Director is hereby di- th Passed, approved and adopted this 20 day of rected to pay to the Contractor from the White September, 2010. Water Creek Bridge Relocation capital improve- Karla A. Braig, Mayor Pro-Tem ment appropriation for the contract amount of Attest: Jeanne F. Schneider, CMC, City Clerk $19,500.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, CITY ENGINEER’S CERTIFICATE OF FINAL and to pay such retainage only in accordance with COMPLETION OF THE UTILITY RELOCA- the provisions of Iowa Code Chapter 573. THTH th TION PROJECT – 9 TO 10 STREET: Passed, approved and adopted this 20 day of SANITARY SEWER, 20-INCH TRANSMIS- September, 2010. SION WATERMAIN, AND FIBER OPTIC Karla A. Braig, Mayor Pro-Tem CONDUIT Attest: Jeanne F. Schneider, CMC, City Clerk The undersigned City Engineer of the City of CITY ENGINEER’S CERTIFICATE OF FINAL Dubuque, Iowa, hereby certifies that he has in- thth COMPLETION OF THE HISTORIC WHITE spected the Utility Relocation Project – 9 to 10 WATER CREEK BRIDGE RELOCATION Street: Sanitary Sewer, 20-Inch Transmission PROJECT, PHASE I - BRIDGE RELOCA- Watermain, and Fiber Optic Conduit, that the TION TO DUBUQUE INDUSTRIAL CENTER Project has been performed in compliance with WEST the terms of the Public Improvement Contract, and that the total cost of the completed work is The undersigned City Engineer of the City of $887,581.95. Dubuque, Iowa, hereby certifies that he has in- th Dated this 15 day of September, 2010. spected the Historic White Water Creek Bridge Gus Psihoyos, City Engineer Relocation Project, Phase I - Bridge Relocation to th Filed in the office of the City Clerk on the 15 Dubuque Industrial Center West, that the Project day of September, 2010. has been performed in compliance with the terms Jeanne F. Schneider, CMC, City Clerk of the Public Improvement Contract, and that the total cost of the completed work is $23,500.00. th Historic White Water Creek Bridge Relocation Dated this 15 day of September, 2010. Project – Phase I: City Manager recommending Gus Psihoyos, City Engineer th acceptance of the Historic White Water Creek Filed in the office of the City Clerk on the 15 Bridge Relocation Project – Phase I as completed day of September 2010. by Goodwin House Moving, Inc., in the final con-Jeanne F. Schneider, CMC, City Clerk tract amount of $19,500. Upon motion the docu- ments were received and filed and Resolution No. Historic White Water Creek Bridge Relocation 364-10 Accepting the White Water Creek Bridge Project – Phase II: City Manager recommending Relocation Project – Phase I and authorizing acceptance of the White Water Creek Bridge Re- payment of the contract amount to the contractor location Project – Phase II as completed by Heiar was adopted. Painting Company in the final contract amount of $54,860. Upon motion the documents were re- RESOLUTION NO. 364-10 ceived and filed and Resolution No. 365-10 Ac- ACCEPTING THE HISTORIC WHITE WATER cepting the White Water Creek Bridge Relocation CREEK BRIDGE RELOCATION PROJECT, Project – Phase II and authorizing payment of the PHASE I - BRIDGE RELOCATION TO DU- contract amount to the contractor was adopted. BUQUE INDUSTRIAL CENTER WEST AND AUTHORIZING THE PAYMENT OF THE RESOLUTION NO. 365-10 CONTRACT AMOUNT TO THE CONTRAC-ACCEPTING THE HISTORIC WHITE WATER TOR CREEK BRIDGE RELOCATION PROJECT, PHASE II - LEAD PAINT REMOVAL, CLEAN- Whereas, the Public Improvement Contract for ING AND PAINTING AND AUTHORIZING the Historic White Water Creek Bridge Relocation THE PAYMENT OF THE CONTRACT Project, Phase I - Bridge Relocation to Dubuque AMOUNT TO THE CONTRACTOR Industrial Center West (the Project) has been completed and the City Engineer has examined Whereas, the Public Improvement Contract for the work and filed a certificate stating that the the Historic White Water Creek Bridge Relocation Project has been completed according to the Project, Phase II - Lead Paint Removal, Cleaning terms of the Public Improvement Contract and that and Painting (the Project) has been completed the City Engineer recommends that the Project be and the City Engineer has examined the work and accepted. filed a certificate stating that the Project has been Book 140 Regular Session, September 20, 2010 397 NEERING DESIGN PHASE OF THE completed according to the terms of the Public SOUTHWEST ARTERIAL PROJECT. Improvement Contract and that the City Engineer recommends that the Project be accepted. Whereas, the City of Dubuque is proceeding NOW THEREFORE, BE IT RESOLVED BY with the Southwest Arterial Project, from U.S. THE CITY COUNCIL OF THE CITY OF DUBU-Highway 20 to U.S. Highway 151/61, in Dubuque, QUE, IOWA: Iowa; and Section 1. The recommendation of the City Whereas, as a result of ongoing design re- Engineer is approved and the Project is hereby views, recent geotechnical findings and recom- accepted. mendations outlined in the Value Engineering Section 2. The Finance Director is hereby di-study, several modifications to the previous prelim- rected to pay to the Contractor from the White inary plans were developed; and Water Creek Bridge Relocation capital improve-Whereas, as a result of the proposed design ment appropriation for the contract amount of and plan modifications, the Consultant Profes- $54,860.00 less any retained percentage provided sional Services - Supplemental Agreement autho- for therein as provided in Iowa Code Chapter 573, rizes AECOM to provide the revised scope of ser- and to pay such retainage only in accordance with vices to continue to advance the completion of the the provisions of Iowa Code Chapter 573. final engineering design phase. th Passed, approved and adopted this 20 day of NOW THEREFORE, BE IT RESOLVED BY September, 2010. THE CITY COUNCIL OF THE CITY OF DUBU- Karla A. Braig, Mayor Pro-Tem QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. That said Consultant Professional Services - Supplemental Agreement between CITY ENGINEER’S CERTIFICATE OF FINAL AECOM Technical Services, Inc., and the City of COMPLETION OF THE HISTORIC WHITE Dubuque for the final engineering design phase of WATER CREEK BRIDGE RELOCATION the Southwest Arterial project is hereby approved, PROJECT, PHASE II - LEAD PAINT RE- subject to the concurrence of the Iowa Department MOVAL, CLEANING AND PAINTING of Transportation. The undersigned City Engineer of the City of Section 2. That the Mayor be authorized and Dubuque, Iowa, hereby certifies that he has in-directed to execute three copies of said Consultant spected the Historic White Water Creek Bridge Professional Services - Supplemental Agreement Relocation Project, Phase II - Lead Paint Remov-with AECOM Technical Services, Inc., for the final al, Cleaning and Painting, that the Project has engineering design phase of the Southwest Arteri- been performed in compliance with the terms of al project. th the Public Improvement Contract, and that the Passed, approved and adopted this 20 day of total cost of the completed work is $57,860.00. September, 2010. th Dated this 15 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Gus Psihoyos, City Engineer Attest: Jeanne F. Schneider, CMC, City Clerk th Filed in the office of the City Clerk on the 15 day of September 2010. US 151/61 Twin Valley and Maquoketa Drive Jeanne F. Schneider, CMC, City Clerk Safety Improvements: City Manager recommend- ing approval of the issuance of a Request for Pro- Southwest Arterial Project – Consultant Pro-posals (RFP) for consultant services regarding the fessional Services – Supplemental Agreement: US 151/61 Twin Valley and Maquoketa Drive City Manager recommending approval of the ex-Safety Improvements Project. Upon motion the ecution of the Consultant Professional Services – documents were received, filed, and approved. Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design Structural/Stability Analysis of the Dubuque phase of the Southwest Arterial project, subject to Levee and Floodwall System: City Manager re- the concurrence of the Iowa Department of Trans-commending approval of the selection of GEI portation. Upon motion the documents were re-Consultants to provide a structural/stability analy- ceived and filed and Resolution No. 366-10 Ap-sis of the Dubuque levee and floodwall system. proving the Consultant Professional Services – Upon motion the documents were received, filed, Supplemental Agreement No. 5 with AECOM and approved. Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project was Safe Routes to School Program Funding: City adopted. Manager recommending approval of the submis- sion of an application to the Iowa Department of RESOLUTION NO. 366-10 Transportation for a $69,308 Safe Routes to APPROVING THE CONSULTANT PROFES- School Infrastructure Grant. Upon motion the doc- SIONAL SERVICES – SUPPLEMENTAL uments were received and filed and Resolution AGREEMENT NO. 5 BETWEEN AECOM No. 367-10 Authorizing the filing of an application TECHNICAL SERVICES, INC. AND THE with the Iowa Department of Transportation for CITY OF DUBUQUE FOR THE FINAL ENGI- 398 Regular Session, September 20, 2010 Book 140 th Safe Routes to School Infrastructure Grant Fund-lished in the City of Dubuque, Iowa, on the 20 ing for the City of Dubuque was adopted. day of August, 2010; and Whereas, said competitive sealed bid propos- RESOLUTION NO. 367-10 als for the Project were opened and read by the th AUTHORIZING THE FILING OF AN APPLI- City of Dubuque on the 9 day of September, CATION WITH THE IOWA DEPARTMENT 2010; and OF TRANSPORTATION FOR SAFE ROUTES Whereas, the City Council has deemed it ad- TO SCHOOL INFRASTRUCTURE GRANT visable to reject all competitive bid proposals for FUNDING FOR THE CITY OF DUBUQUE the Project. Whereas, pedestrian/motorist safety could be NOW THEREFORE, BE IT RESOLVED BY improved in City of Dubuque school zones by THE CITY COUNCIL OF THE CITY OF DUBU- traffic control devices; and QUE, IOWA: Whereas, the City of Dubuque has determined Section 1. All of the bid proposals for the that improvements to school zones, as recom-Project are hereby rejected. th mended by the Safe Routes to School Master Passed, approved and adopted this 20 day of Plan and Committee Members (City, County, September, 2010. ECIA, Dubuque Community School District, and Karla A. Braig, Mayor Pro-Tem Holy Family School Representatives) will improve Attest: Jeanne F. Schneider, CMC, City Clerk pedestrian and motorist safety; and Whereas, the Iowa Department of Transporta-Arts and Economic Prosperity IV Study: City tion provides, on a competitive basis, funds for Manager recommending approval of an agree- school zones that address pedestrian/motorist ment with Americans for the Arts to conduct an safety improvements; and Arts Economic Impact Study in Dubuque. Upon Whereas, the City of Dubuque is willing to motion the documents were received, filed, and commit the necessary local matching fund for approved. project implementation and upon completion, in cooperation with the Iowa Department of Trans-Smart Planning Grant Application: City Man- portation, be responsible for maintaining and op-ager recommending approval of a letter of support erating the public improvements for a minimum of to the Rebuild Iowa Office for a joint Smart Plan- 10 years. ning Local Comprehensive Planning Grant Appli- NOW THEREFORE, BE IT RESOLVED BY cation. Upon motion the documents were received THE CITY COUNCIL OF THE CITY OF DUBU-and filed and Resolution No. 369-10 Authorizing QUE, IOWA, THAT: Smart Planning Grant Application was adopted. Section 1. The City makes application to the RESOLUTION NO. 369-10 Iowa Department of Transportation for funds AUTHORIZING SMART PLANNING GRANT through the Safe Routes to School Infrastructure APPLICATION Grant Program to fund the improvements at school locations identified by the Safe Routes to Whereas, the Rebuild Iowa Office has solicited School Master Plan. proposals for the Iowa Smart Planning Local th Passed, approved and adopted this 20 day of Comprehensive Planning Grant Program that September, 2010. assists communities, counties, and regions as Karla A. Braig, Mayor Pro-Tem they develop forward-thinking comprehensive Attest: Jeanne F. Schneider, CMC, City Clerk plans; and Whereas, the City of Dubuque plans to update Five Points Traffic Signal Reconstruction the 2008 Comprehensive Plan; and Project: City Manager recommending that the bids Whereas, the City of Dubuque acknowledges received for the Five Points Traffic Signal Recon-the requirements of the Local Comprehensive Iowa struction Project be rejected. Upon motion the Planning Grant Program as specified in the Smart Planning: Local Comprehensive Planning documents were received and filed and Resolu- Grant Program Application Guidelines tion No. 368-10 Rejecting all competitive bids re- and under- ceived for the Five Points Traffic Signal Recon-stands the importance and benefits of compre- struction Project was adopted. hensive planning. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 368-10 THE CITY COUNCIL OF THE CITY OF DUBU- REJECTING ALL COMPETITIVE BID PRO- QUE, IOWA: POSALS RECEIVED FOR THE5-POINTS Section 1. That the City of Dubuque, in coop- TRAFFIC SIGNAL RECONSTRUCTION eration with Neighboring Jurisdictions in Dubuque PROJECT County, hereby agrees to apply for a grant through Whereas, competitive sealed bid proposals the Local Comprehensive Planning Grant Pro- have been submitted by contractors for the 5-gram for the development of an updated compre- Points Traffic Signal Reconstruction Project and hensive plan. th Notice to Bidders published in a newspaper pub-Passed, approved and adopted this 20 day of September 2010. Book 140 Regular Session, September 20, 2010 399 Karla A. Braig, Mayor Pro-Tem Section 3: The Mayor of the City of Dubuque Attest: Jeanne F. Schneider, CMC, City Clerk or his/her designee is hereby authorized and di- rected to execute said grant and cooperative Authorizing Resolutions for Federal Transit agreements with the Federal Transit Administra- Administration (FTA) Applications: City Manager tion on behalf of the City of Dubuque and the City recommending approval of a corrected Authoriza-Clerk is authorized and directed to attest his/her tion Resolution for FTA Applications 2010 which is such signature. th necessary for the Federal Transit Authority to re-Passed, approved and adopted this 20 day of lease KeyLine Transit’s federal funding. Upon September, 2010. motion the documents were received and filed and Karla A. Braig, Mayor Pro-Tem Resolution No. 370-10 Authorizing the filing of Attest: Jeanne F. Schneider, CMC, City Clerk applications with the Federal Transit Administra- tion, an operating administration of the United 2010 Justice Assistance Grant (JAG): City States Department of Transportation, for federal Manager recommending acceptance of the 2010 transportation assistance authorized by 48 U.S.C. Justice Assistance Grant (JAG) in the amount of Chapter 53, Title 23 United States Code and other $85,521. Upon motion the documents were re- federal statutes administered by the Federal Tran-ceived, filed, and approved. sit Administration was adopted. Consolidated Annual Performance and Evalu- RESOLUTION NO. 370-10 ation Report (CAPER): City Manager recommend- AUTHORIZING THE FILING OF APPLICA- ing approval of the submission of the Consolidated TIONS WITH THE FEDERAL TRANSIT AD- Annual Performance and Evaluation Report (CA- MINISTRATION, AN OPERATING ADMINIS- PER) to the U.S. Department of Housing and Ur- TRATION OF THE UNITED STATES DE- ban Development Department for the period of PARTMENT OF TRANSPORTATION, FOR July 1, 2009 through June 30, 2010. Upon motion FEDERAL TRANSPORTATION ASSIS- the documents were received and filed and Reso- TANCE AUTHORIZED BY 49 U.S.C. CHAP- lution No. 371-10 Authorizing the submission of a TER 53, TITLE 23 UNITED STATES CODE Consolidated Annual Performance and Evaluation AND OTHER FEDERAL STATUES ADMI- Report (CAPER) for the period commencing July NISTERED BY THE FEDERAL TRANSIT 1, 2009 and concluding June 30, 2010, was ADMINISTRATION adopted. Whereas, the Federal Transit Administration RESOLUTION NO. 371-10 has been delegated authority to award Federal AUTHORIZING THE SUBMISSION OF A financial assistance for a transportation project; CONSOLIDATED ANNUAL PERFORMANCE and AND EVALUATION REPORT (CAPER) FOR Whereas, the grant or cooperative agreement THE PERIOD COMMENCING JULY 1, 2009 for Federal Financial assistance will impose cer- AND CONCLUDING JUNE 30, 2010 tain obligations upon the Applicant, and may re- quire the Applicant to provide the local share of the Whereas, the City of Dubuque, Iowa, is an en- project cost; and titlement grant recipient under the Community Whereas, the Applicant has or will be required Development Block Grant (CDBG) Program of the to provide all annual certifications and assurances U.S. Department of Housing and Urban Develop- to the Federal Transit Administration required for ment (HUD); and the project. Whereas, the City of Dubuque, Iowa, was NOW, THEREFORE, BE IT RESOLVED BY awarded Community Development Block Grant THE CITY COUNCIL OF DUBUQUE, IOWA AS Recovery (CDBG-R) funds and Homelessness FOLLOWS:Prevention and Rapid Re-Housing Program Section 1. The Mayor of the City of Dubuque (HPRP) funds in FY 2009; and or his/her designee is authorized to execute and Whereas, the CDBG regulations require that file application for Federal assistance on behalf of no later than ninety (90) days after the completion the City of Dubuque d.b.a. KeyLine Transit with of a program year, each entitlement recipient must the Federal Transit Administration for Federal submit a performance and evaluation report, Con- Assistance authorized by 49 U.S.C. Chapter 53, solidated Annual Performance and Evaluation Title 23, United States Code, or other Federal Report (CAPER); and statutes authorizing a project administered by the Whereas, the City has 1) prepared a CAPER Federal Transit Administration. for the program year commencing July 1, 2009 Section 2. The Mayor of the City of Dubuque and concluding June 30, 2010; 2) published notice or his/her designee is authorized to execute and of availability of the CAPER in the Telegraph He- file with the City’s application the annual certifica-rald and City of Dubuque website on August 20, tion and assurances and other documents the 2010; 3) made copies of the CAPER available for Federal Transportation Administration requires public review at the Carnegie Stout Public Library, before awarding a Federal assistance grant or City Hall, Housing and Community Development cooperative agreement. Department and City of Dubuque website; 4) held 400 Regular Session, September 20, 2010 Book 140 a public hearing pursuant to published notice be-Whereas, the Housing Trust Fund Committee fore the Community Development Advisory Com-has authorized an application to IFA for a Housing mission on September 7, 2010; and Trust Fund award, in the amount of $157 250; and Whereas, the Community Development Advi-Whereas, General Funds committed to the sory Commission has voted to approve the CA-Washington Neighborhood revitalization initiative PER and to recommend City Council approval. are available in the current year Housing Depart- NOW, THEREFORE, BE IT RESOLVED BY ment budget in sufficient amount to meet the THE CITY COUNCIL OF THE CITY OF DUBU-matching funds requirement; and QUE, IOWA: Whereas, other City funds have been commit- Section 1. That the Consolidated Annual Per-ted to the Washington Neighborhood in support of formance and Evaluation Report (CAPER) for the the Housing Trust Fund’s initiative, including: period commencing July 1, 2009 and concluding Community Development Block Grant: $200 June 30, 2010 is hereby approved for submission. 000 Section 2. That the Mayor of the City of Dubu-I-Jobs: $240 000 que is hereby authorized and directed to execute CDBG Rental Rehab: $40 000 the Consolidated Annual Performance and Evalu-NOW, THEREFORE, BE IT RESOLVED BY ation Report (CAPER) on behalf of the City of THE CITY COUNCIL OF THE CITY OF DUBU- Dubuque, Iowa. QUE, IOWA: Section 3. That the City Manager is hereby au-Section 1. That the City of Dubuque hereby thorized and directed to submit the Consolidated approves commitment of $40,000 in current year Annual Performance and Evaluation Report (CA-General Funds as a match to the application for PER) to the U.S. Department of Housing and Ur-IFA State Housing Trust Funds. ban Development. Section 2. That the Housing Trust Fund th Passed, approved and adopted this 20 day of Committee, in accordance with Sec. 2-5D-7 of the September, 2010. Code of Ordinances, shall have final authority to Karla A. Braig, Mayor Pro-Tem direct how such funds shall be used in support of Attest: Jeanne F. Schneider, CMC, City Clerk revitalization activities in the Washington Neigh- borhood. th Area Residential Care Partnership: City Man-Passed, approved and adopted this 20 day of ager recommending approval of pursuing a Revi-September, 2010. talize Iowa Infrastructure Program grant to help Karla A. Braig, Mayor Pro-Tem fund a west side Keyline transfer center in partner-Attest: Jeanne Schneider, CMC, City Clerk ship with Area Residential Care. Upon motion the documents were received, filed, and approved. Homelessness Prevention and Rapid Re- Housing Program: City Manager transmitting the Washington Neighborhood / Housing Trust City’s response to the U.S. Department of Housing Fund Application: City Manager recommending and Urban Development regarding three areas of approval of the submission of a Housing Trust improvement noted in the recent evaluation of the Fund Grant Application to the Iowa Finance Au-City’s Homelessness Prevention and Rapid Re- thority in the amount of $157,250 for continued Housing Program. Upon motion the documents support of homeownership activities in the Wash-were received and filed. ington Neighborhood. Upon motion the docu- ments were received and filed and Resolution No. Dubuque County Board of Supervisors: 372-10 Approving commitment of matching funds Communication from the Dubuque County Board for an application to the Iowa Finance Authority of Supervisors advising that a public hearing will (IFA) for State Housing Trust Funds was adopted. be held on September 27, 2010 regarding a Social Host Ordinance for Dubuque County. Upon mo- RESOLUTION NO. 372-10 tion the document was received and filed. APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE Alcohol Compliance – Civil Penalty for Lot IOWA FINANCE AUTHORITY (IFA) FOR One: City Manager recommending acceptance of STATE HOUSING TRUST FUNDS the Acknowledgement/Settlement Agreement for Whereas, the Iowa Finance Authority has rec-a second offense alcohol compliance violation for ognized Dubuque’s Housing Trust Fund Commit-Lot One, 100 Main Street. This item was removed tee as a certified Local Housing Trust Fund; and from the agenda. Whereas, IFA has made funding available in state-wide competition to local trust funds for State Airport Commission: Communication from Sue Housing Trust Fund grants, in amounts based on Hafkemeyer advising that she is resigning from the population size; and Airport Commission. Upon motion the document Whereas, a 25% local match is required for was received and filed and the resignation ac- receipt of a funding award; and cepted. Book 140 Regular Session, September 20, 2010 401 Signed Contracts: Canadian National Railroad NOW, THEREFORE, BE IT RESOLVED BY Track Easement Release and USTs at Former THE CITY COUNCIL OF THE CITY OF DUBU- Public Works Facility. Upon motion the documents QUE, IOWA: were received and filed. That the Manager be authorized to cause to be issued the following named applicants a Liquor Liquor License Transfer: Request of Rotary License. Club of Dubuque to transfer their liquor license to CLASS “LB” (HOTEL/MOTEL) Kruse / Wartham, 600 Century Drive, on October BEER/LIQUOR LICENSE 16, 2010. Upon motion the documents were re-Dubuque Casino Hotel, Hilton Garden ceived, filed, and approved. Inn/Houlihan’s Restaurant +(Sunday/Outdoor), 1795 Greyhound Drive Liquor License Applications: City Manager re-CLASS “C” BEER/LIQUOR LICENSE commending approval of annual liquor license Fiesta Cancun Mexican Restaurant, Fiesta renewals as submitted. Upon motion the docu-Cancun Authentic Restaurant (Sunday/Outdoor ments were received and filed and Resolution No. Sale), 2515 NW Arterial 373-10 Granting the issuance of a Class “B” Beer The District, Inc., The District +(Sunday Sale), Permit (5-Day Special Event) to Chad Remakel for 1700 Central Ave. the Josh Ryan Benefit; and Resolution No. 374-10 Platinum Hospitality Group, Grand River Cen- Granting the issuance of a Class “LB” (Ho-ter +(Sunday Sale), 500 Bell St. tel/Motel) Beer/Liquor License to Hilton Garden Red Robin International, Red Robin AM. Inn/Houlihan Restaurant; a Class “C” Beer/Liquor Burgers +(Sunday /Outdoor Sale), 2775 NW Ar- License to Fiesta Cancun, The District, Grand terial River Center, Red Robin, Angie’s Bar, Fat Tues-Angela Mangeno, Angie’s Bar +(Sunday day, Grand Tap, Happy’s Place and Knicker’s Sale), 1401 Elm St. Saloon (1-Day Outdoor Sale); and a Special Class Ibrico, Inc., Fat Tuesday +(Sunday Sale), 1121 “C” Liquor License (5-Day Special Event) to Du-University Ave. buque Jaycees were adopted. James Kohl, Grand Tap +(Sunday Sale), 802 Central Ave. RESOLUTION NO. 373-10 P.M.S.T., Inc., Happy’s Place +(Sunday Sale), Whereas, applications for Beer Permits have 2323 Rockdale Rd. been submitted and filed to this Council for ap-Curtis L. Gerhard, Knicker’s Saloon (1-Day proval and the same have been examined and Outdoor Sale), 2186 Central Ave. approved; and SPECIAL CLASS “C” LIQUOR LICENSE (5- Whereas, the premises to be occupied by DAY SPECIAL EVENT) such applicants were inspected and found to Dubuque Jaycees, Dubuque Jaycees, Cable comply with the Ordinances of the City and have Car Square th filed proper bonds. Passed, approved and adopted this 20 NOW, THEREFORE, BE IT RESOLVED BY day of September, 2010. THE CITY COUNCIL OF THE CITY OF DUBU-Karla A. Braig, Mayor Pro-Tem QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That the Manager be authorized to cause to ITEMS TO BE SET FOR PUBLIC HEARING be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT (5-DAY SPECIAL Motion by Lynch to receive and file the docu- EVENT) ments, set the public hearings as indicated, and Chad Remakel, Empire Diesel Perfor-direct the City Clerk to publish notice as prescribed mance/Josh Ryan Benefit, 1055 Century Drive by law. Seconded by Resnick. Motion carried 6-0. th Passed, approved and adopted this 20 day of September, 2010. Request to Annex – John Knepper: City Man- Karla A. Braig, Mayor Pro-Tem ager recommending that a public hearing be set Attest: Jeanne F. Schneider, CMC, City Clerk for October 18, 2010 to consider a request from John Knepper to voluntarily annex and rezone RESOLUTION NO. 374-10 2.79 acres of property on the south side of the City Whereas, applications for Liquor Licenses of Dubuque adjacent to Timber-Hyrst Subdivision. have been submitted to this Council for approval Upon motion the documents were received, filed, and the same have been examined and approved; and approved setting a public hearing for a meet- and ing to commence at 6:30 p.m. on October 18, Whereas, the premises to be occupied by 2010 in the Historic Federal Building. such applicants were inspected and found to comply with the State Laws and all City Ordin-Request to Annex – Dubuque Metropolitan ances relevant thereto and they have filed proper Area Solid Waste Agency: City Manager recom- bonds. mending that a public hearing be set for Novem- ber 15, 2010 to consider a request from the Dubu- 402 Regular Session, September 20, 2010 Book 140 que Metropolitan Area Solid Waste Agency to Avenue from AG Agricultural District to R-3 Mod- voluntarily annex and rezone 318.25 acres of erate Density Multi-Family Residential District and property on the west side of the City of Dubuque. Zoning Advisory Commission recommending ap- Upon motion the documents were received, filed, proval. Motion by Connors to receive and file the and approved setting a public hearing for a meet-documents and that the requirement that a pro- ing to commence at 6:30 p.m. on November 15, posed ordinance be considered and voted on for 2010 in the Historic Federal Building. passage at two Council meetings prior to the meeting at which it is to be passed be suspended. BOARDS/COMMISSIONS Seconded by Jones. Planning Services Manager Laura Carstens provided a staff report. Ed Gra- Applicants were invited to address the City ham, 1965 Firestone Drive, Bedrock Develop- Council regarding their desire to serve on the fol-ment, spoke in support of the request. Motion lowing Boards/Commissions: carried 6-0. Airport Commission: One 4-year term through Motion by Connors for final consideration and September 14, 2012 (Term of Czeshinski). Appli-passage of Ordinance No. 53-10 Amending Title cants: Dan Nicholson, 889 Walker Street; and 16 of the City of Dubuque Code of Ordinances, Amy Wagner, 4555 Camelot Drive. Mr. Nicholson Unified Development Code, by reclassifying herei- and Ms. Wagner spoke in support of their ap-nafter described property located at 5304 Penn- pointment. sylvania Avenue from AG Agricultural District to R- Environmental Stewardship Advisory Com-3 Moderate Density Multi-Family Residential Dis- mission – Additional Applicants: One 3-year term trict. Seconded by Jones. Motion carried 6-0. through October 1, 2013 (Term of Suarez). Appli- OFFICIAL PUBLICATION cants: Will Hoyer, 486 Clarke Drive; Kenneth Mil- ORDINANCE NO. 53-10 ler, 195 Julien Dubuque Drive; Aditi Sinha, 900 AMENDING TITLE 16 OF THE CITY OF DU- South Grandview Avenue; Stacy Splittstoesser, BUQUE CODE OF ORDINANCES, UNIFIED 1694 Radford Road, #18. Ms. Sinha and Ms. DEVELOPMENT CODE, BY RECLASSIFY- Splittstoesser spoke in support of their appoint- ING HEREINAFTER DESCRIBED PROPER- ment. TY LOCATED AT 5304 PENNSYLVANIA Appointments to the following AVENUE FROM AG AGRICULTURAL DIS- Boards/Commissions: TRICT TO R-3 MODERATE DENSITY MULTI- Environmental Stewardship Advisory Com- FAMILY RESIDENTIAL DISTRICT. mission: Two 3-year terms through October 1, 2013 (Terms of Buelow & Oberdoerster). Appli-NOW, THEREFORE, BE IT ORDAINED BY cants: Michael Buelow, 2131 Graham Circle; and THE CITY COUNCIL OF THE CITY OF DUBU- Chad Oberdoerster, 420 Summit Street. Motion by QUE, IOWA: Lynch to appoint Michael Buelow and Chad Ober-Section 1. That Title 16 of the City of Dubuque doerster to the Environmental Stewardship Advi-Code of Ordinances, Unified Development Code, sory Commission for 3-year terms through Octo-is hereby amended by reclassifying the hereinaf- ber 2, 2013. Seconded by Connors. Motion car-ter-described property from AG Agricultural District ried 6-0. to R-3 Moderate Density Multi-Family Residential Housing Commission: One 3-year term District, to wit: Lot 1 of 1 NW ¼ NW ¼ Section 29 through August 17, 2013 (Term of Eddy). Appli-T89N R2E except the easterly 224 feet and the cant: Ricardo Woods, 1535 Bluff Street. Motion by SW ¼ NW ¼ Section 29 T89N R2E, and to the Jones to appoint Ricardo Woods to the Housing centerline of the adjoining public right-of-way, all in Commission for one 3-year term through August the City of Dubuque, Iowa. 2013. Seconded by Resnick. Motion carried 6-0. Section 2. The foregoing amendment has he- Transit Advisory Board: One 3-year term retofore been reviewed by the Zoning Advisory through July 30, 2013 (Term of Scharnau). Appli-Commission of the City of Dubuque, Iowa. th cant: Rhonda Knight, 250 W. 6 Street. Motion by Section 3. This ordinance shall take effect im- Connors to appoint Rhonda Knight to the Transit mediately upon publication, as provided by law. th Advisory Board for one 3-year term through July Passed, approved and adopted this 20 day of 30, 2013. Seconded by Lynch. Motion carried 6-0. September, 2010. /s/Karla A. Braig, Mayor Pro-Tem PUBLIC HEARINGS Attest: /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were suspended allow-Published officially in the Telegraph Herald th ing anyone present to address the City Council. Newspaper the 24 day of September, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request to Rezone – 5304 Pennsylvania Avenue: Proof of publication on notice of public Request for Text Amendment: Proof of publi- hearing to consider a request from Bedrock De-cation on notice of public hearing to consider a velopment, LLC / McFadden Family Partnership to request from the City of Dubuque to amend Article rezone property located at 5304 Pennsylvania 5 – Unified Development Code to delete Personal Book 140 Regular Session, September 20, 2010 403 Services as an allowed use in the C-2A Mixed Use ceive and file the documents and adopt Resolution Neighborhood District and C-2 Neighborhood No. 375-10 Approving the plat of proposed va- Shopping Center District and Zoning Advisory cated portion of Van Buren Street east of Isborn Commission recommending approval. Motion by Avenue; Resolution No. 376-10 Vacating a portion Jones to receive and file the documents and that of Van Buren Street east of Isborn Avenue; and the requirement that a proposed ordinance be Resolution No. 377-10 Disposing of City interest in considered and voted on for passage at two Lot 97A of Lenox Addition in the City of Dubuque, Council meetings prior to the meeting at which it is Dubuque County, Iowa. Seconded by Connors. to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Planning Services Manager Laura Carstens pro- RESOLUTION NO. 375-10 vided a staff report adding that personal services APPROVING THE PLAT OF PROPOSED include health and beauty care services, which are VACATED PORTION OF VAN BUREN provided for in other areas of the Unified Devel- STREET EAST OF ISBORN AVENUE opment Code. Motion carried 6-0. Motion by Jones for final consideration and Whereas, there has been presented to the passage of Ordinance No. 54-10 Amending Title City Council of the City of Dubuque, Iowa, a plat rd 16 of the City of Dubuque Code of Ordinances, dated the 23 day of August, 2010 prepared by Unified Development Code, by amending Article Buesing & Associates, Inc., describing the pro- 5, Zoning Districts, to eliminate Personal Services posed vacated portion of Van Buren Street east of as a permitted use in the C-2 Neighborhood Isborn Avenue to be known as Lot 97A of Lenox Shopping Center and C-2A Mixed Use Neighbor-Addition in the City of Dubuque, Dubuque County, hood Districts. Seconded by Lynch. Motion carried Iowa; and 6-0. Whereas, said plat conforms to the laws and statutes pertaining thereto. OFFICIAL PUBLICATION NOW, THEREFORE, BE IT RESOLVED BY ORDINANCE NO. 54-10 THE CITY COUNCIL OF THE CITY OF DUBU- AMENDING TITLE 16 OF THE CITY OF DU- QUE, IOWA: rd BUQUE CODE OF ORDINANCES, UNIFIED Section 1. That the plat dated the 23 day of DEVELOPMENT CODE, BY AMENDING AR- August, 2010 prepared by Buesing & Associates, TICLE 5, ZONING DISTRICTS, TO ELIMI- Inc., relative to the real estate hereinabove de- NATE PERSONAL SERVICES AS A PER- scribed be and the same is hereby approved, and MITTED USE IN THE C-2 NEIGHBORHOOD the Mayor and City Clerk be and they are hereby SHOPPING CENTER AND C-2A MIXED USE authorized and directed to execute said plat for NEIGHBORHOOD DISTRICTS. and on behalf of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT ORDAINED BY Section 2. The City of Dubuque reserves unto THE CITY COUNCIL OF THE CITY OF DUBU-itself a perpetual easement including the right of QUE, IOWA: ingress and egress thereto, for the purpose of Section 1. That Title 16 of the City of Dubuque erecting, installing, constructing, reconstructing, Code of Ordinances, Unified Development Code, repairing, owning, operating, and maintaining wa- Article 5.11.1 and 5.12.1 are hereby amended as ter, sewer, drainage, gas, telephone, television follows: cable, fiber optics and electric lines as may be 5.11.1 14. Personal Services authorized by the City of Dubuque, Iowa, as 5.12.1 7. Personal Services shown on the Plat of Survey of Lot 97A of Lenox Section 2. The foregoing amendment has he-Addition. retofore been reviewed by the Zoning Advisory Section 3. That the City Clerk be and is hereby Commission of the City of Dubuque, Iowa. authorized and directed to file said plat and certi- Section 3. This ordinance shall take effect im-fied copy of this resolution in the office of the Re- mediately upon publication, as provided by law. corder in and for Dubuque County, Iowa. thth Passed, approved and adopted this 20 day of Passed, approved and adopted this 20 day of September, 2010. September, 2010. /s/Karla A. Braig, Mayor Pro-Tem Karla A. Braig, Mayor Pro-Tem Attest: Attest: Jeanne F. Schneider, CMC, City Clerk /s/Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 376-10 Published officially in the Telegraph Herald th VACATING A PORTION OF VAN BUREN Newspaper the 24 day of September, 2010. STREET EAST OF ISBORN AVENUE /s/Jeanne F. Schneider, CMC, City Clerk Whereas, David H. Roth and Bambi L. Roth Petition to Vacate a Portion of Van Buren have requested the vacating of a portion of Van Street at Isborn Avenue: Proof of publication on Buren Street east of Isborn Avenue; and notice of public hearing to consider vacating and Whereas, Buesing & Associates, Inc., has disposing of a portion of Van Buren Street right-of-prepared and submitted to the City Council a plat way to David and Bambi Roth and City Manager showing the vacated portion of Van Buren Street recommending approval. Motion by Lynch to re-east of Isborn Avenue and assigned a lot number 404 Regular Session, September 20, 2010 Book 140 thereto, which hereinafter shall be known and filing fees. Conveyance shall be by Quit Claim described as Lot 97A of Lenox Addition in the City Deed. of Dubuque, Dubuque County, Iowa; and Section 2. The City of Dubuque reserves unto Whereas, the City Council of the City of Dubu-itself a perpetual easement including the right of que, Iowa has determined that Van Buren Street ingress and egress thereto, for the purpose of east of Isborn Avenue shown as Lot 97A of Lenox erecting, installing, constructing, reconstructing, Addition is no longer required for public use, ex-repairing, owning, operating, and maintaining wa- cept for utility easements as noted on said plat, ter, sewer, drainage, fiber optics, gas, telephone, and vacating of said portion of the of Van Buren television cable, and electric lines as may be au- Street east of Isborn Avenue, known as Lot 97A of thorized by the City of Dubuque, Iowa, as shown Lenox Addition in the City of Dubuque, Dubuque on the Plat of Survey of Lot 97A of Lenox Addition County, Iowa should be approved. in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY Section 3. That the Mayor be authorized and THE CITY COUNCIL OF THE CITY OF DUBU-directed to execute a Quit Claim Deed, and the QUE, IOWA: City Clerk be and is hereby authorized and di- Section 1. That the real estate described as rected to deliver said deed of conveyance to David Lot 97A of Lenox Addition in the City of Dubuque, H. Roth and Bambi L. Roth upon receipt of the Iowa, be and the same is hereby vacated. purchase price in full. Section 2. The City of Dubuque reserves unto Section 4. That the City Clerk be and is hereby itself a perpetual easement including the right of authorized and directed to record a certified copy ingress and egress thereto, for the purpose of of this resolution in the offices of the City Assessor, erecting, installing, constructing, reconstructing, Dubuque County Recorder and Dubuque County repairing, owning, operating, and maintaining wa-Auditor. th ter, sewer, drainage, fiber optics, gas, telephone, Passed, approved and adopted this 20 day of television cable, and electric lines as may be au-September, 2010. thorized by the City of Dubuque, Iowa, as shown Karla A. Braig, Mayor Pro-Tem on the Plat of Survey of Lot 97A of Lenox Addition Attest: Jeanne F. Schneider, CMC, City Clerk in the City of Dubuque, Dubuque County, Iowa. th Passed, approved and adopted this 20 day of Bunker Hill Irrigation Renovation Project: Proof September, 2010. of publication on notice of public hearing to con- Karla A. Braig, Mayor Pro-Tem sider the plans and specifications, form of contract Attest: Jeanne F. Schneider, CMC, City Clerk and estimated cost for the Bunker Hill Irrigation Renovation Project and City Manager recom- RESOLUTION NO. 377-10 mending approval and award of the contract to DISPOSING OF CITY INTEREST IN LOT 97A Midwest Irrigation, LLC in the amount of $159,380. OF LENOX ADDITION IN THE CITY OF DU- Motion by Jones to receive and file the documents BUQUE, DUBUQUE COUNTY, IOWA and adopt Resolution No. 378-10 Approval of Whereas, pursuant to resolution and published plans, specifications, form of contract, and esti- notice of time and place of hearing, published in mated cost for the Bunker Hill Irrigation Renova- the Telegraph Herald, a newspaper of general tion Project; and Resolution No. 379-10 Awarding circulation published in the City of Dubuque, Iowa, contract for the Bunker Hill Irrigation Renovation th on this 10 day of September, 2010, the City Project. Seconded by Connors. Motion carried 6- Council of the City of Dubuque, Iowa, met on the 0. th 20 day of September, 2010, at 6:30 p.m. in the RESOLUTION NO. 378-10 Historic Federal Building Council Chambers, 350 ADOPTING PLANS AND SPECIFICATIONS West 6th Street, Dubuque, Dubuque County, Iowa, to consider the proposal for the sale of real Whereas, on the 7th day of September, 2010, estate described as: Lot 97A of Lenox Addition in plans, specifications, form of contract and esti- the City of Dubuque, Dubuque County, Iowa; and mated cost were filed with the City Clerk of Dubu- Whereas, the City Council of the City of Dubu-que, Iowa for the Bunker Hill Golf Course Irrigation que, Iowa, overruled any and all objections, oral or Renovation Project; and written to the proposal to sell such real estate, Whereas, notice of hearing on plans, specifi- except for easement as noted. cations, form of contract, and estimated cost was NOW THEREFORE, BE IT RESOLVED BY published as required by law. THE CITY COUNCIL OF THE CITY OF DUBU-NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- Section 1. That the sale of City of Dubuque QUE, IOWA: real property described as Lot 97A of Lenox Addi-That the said plans, specifications, form of tion in the City of Dubuque, Dubuque County, contract and estimated cost are hereby approved Iowa, to David H. Roth and Bambi L. Roth be and as the plans, specifications, form of contract and the same is hereby approved for the sum of estimated cost for said improvements for said $300.00, plus the cost of platting, publication, and project. Book 140 Regular Session, September 20, 2010 405 th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 379-10 AWARDING CONTRACT - BUNKER HILL GOLF COURSE IRRIGATION RENOVATION PROJECT Whereas, sealed proposals have been submit- ted by contractors for the Bunker Hill Golf Course Irrigation Renovation Project pursuant to Resolu- tion No. 346-10, and notice to bidders published in a newspaper published in the City of Dubuque, th Iowa, on the 9 day of September, 2010. Whereas, said sealed proposals were opened th and read on the 14 day of September, 2010, and it has been determined that the bid of Midwest Irrigation, LLC, in the amount of $159,380.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: That the contract for the above improvement be awarded to Midwest Irrigation, LLC, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Trea- surer is authorized and instructed to return the bid deposits of the unsuccessful bidders. th Passed, approved and adopted this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Budget – Second Amend- ment: Proof of publication on notice of public hear- ing to consider the second amendment to the Fiscal Year 2011 Budget and City Manager re- commending approval. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 380-10 Amending the Fiscal Year 2011 Budget. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 380-10 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2011 (AS AMENDED LAST ON JULY 19, 2010) Be it Resolved by the Council of the City of Continued Dubuque: () 406 Regular Session, September 20, 2010 Book 140 Section 1. Following notice published and the public hearing held, 9/20/10 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 19,177,697 0 19,177,697 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 19,177,697 0 19,177,697 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 9,080,612 0 9,080,612 Other City Taxes 6 14,628,325 0 14,628,325 Licenses & Permits 7 1,187,750 0 1,187,750 Use of Money and Property 8 17,204,673 135,000 17,339,673 Intergovernmental 9 41,810,047 33,533,137 75,343,184 Charges for Services 10 29,537,134 739,427 30,276,561 Special Assessments 11 229,000 857,809 1,086,809 Miscellaneous 12 6,930,645 2,178,512 9,109,157 Other Financing Sources 13 51,008,769 45,711,134 96,719,903 Total Revenues and Other Sources 14 190,794,652 83,155,019 273,949,671 Expenditures & Other Financing Uses Public Safety 15 23,226,178 618,728 23,844,906 Public Works 16 11,236,376 1,129,909 12,366,285 Health and Social Services 17 864,254 98,118 962,372 Culture and Recreation 18 9,392,532 117,954 9,510,486 Community and Economic Development 19 11,678,675 380,312 12,058,987 General Government 20 6,912,832 272,989 7,185,821 Debt Service 21 5,716,743 90,974 5,807,717 Capital Projects 22 37,105,080 50,390,346 87,495,426 Total Government Activities Expenditures 23 106,132,670 53,099,330 159,232,000 Business Type / Enterprises 24 61,034,759 49,592,589 110,627,348 Total Gov Activities & Business Expendi- tures 25 167,167,429 102,691,919 269,859,348 Transfers Out 26 23,426,759 6,094,302 29,521,061 Total Expenditures/Transfers Out 27 190,594,188 108,786,221 299,380,409 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 200,464 -25,631,202 -25,430,738 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 23,257,306 26,483,909 49,741,215 Ending Fund Balance June 30 31 23,457,770 852,707 24,310,477 th Passed this 20 day of September, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, September 20, 2010 407 Sewer Revenue Capital Loan Notes: Proof of required Loan and Disbursement Agreement and publication on notice of public hearing to consider issuance of the Notes to evidence the City's obli- the issuance of not to exceed $10,100,000 Sewer gations thereunder, and to take such other actions Revenue Capital Loan Notes and City Manager as the Clerk shall deem necessary to permit the recommending approval. Motion by Jones to re-completion of a loan on a basis favorable to the ceive and file the documents and adopt Resolution City and acceptable to this Council. No. 381-10 Instituting proceedings to take addi-Section 3. That this Resolution be and does tional action for the authorization of a Loan and hereby serve as a declaration of official intent un- Disbursement Agreement and the issuance of not der Treasury Regulation 1.150-2, because the City to exceed $10,100,000 Sewer Revenue Capital reasonably expects to reimburse with the Loan Notes. Seconded by Connors. Motion car-proceeds of the Notes, all or a portion of original ried 6-0. expenditures incurred in connection with the above purposes. th RESOLUTION NO. 381-10 Passed and approved this 20 day of Sep- RESOLUTION INSTITUTING PROCEEDINGS tember, 2010. TO TAKE ADDITIONAL ACTION FOR THE Karla A. Braig, Mayor Pro-Tem AUTHORIZATION OF A LOAN AND DIS- Attest: Jeanne F. Schneider, CMC, City Clerk BURSEMENT AGREEMENT AND THE IS- SUANCE OF NOT TO EXCEED $10,100,000 Upon motion the rules were suspended limit- STORM WATER UTILITY REVENUE CAPI- ing discussion to the City Council. TAL LOAN NOTES ACTION ITEMS Whereas, pursuant to notice published as re- quired by law, this Council has held a public meet- ing and hearing upon the proposal to institute pro-Implementation of Intercultural Competency ceedings for the authorization of a Loan and Dis-Training: City Manager recommending approval of bursement Agreement by and between the City a pilot training program for implementation of the and the Iowa Finance Authority and the issuance Intercultural Competency Training for Board and to the Iowa Finance Authority of not to exceed Commission members as recommended by the $10,100,000 Storm Water Utility Revenue Capital Safe Community Task Force. Motion by Connors Loan Notes to evidence the obligations of the City to receive and file the documents and approve the under said Loan and Disbursement Agreement, recommendation. Seconded by Jones. Motion for the purpose of paying costs of constructing carried 6-0. storm water drainage projects and improvements, including those costs associated with the Lower Circles Program: City Manager advising that Bee Branch Creek Restoration Project and the the City is going to begin implementing the refinancing of a portion of the $1,889,521 General Bridges Initiative, which is the umbrella concept Obligation Capital Loan Notes Anticipation Project that incorporates three programs: Bridges Out of Note, Series 2006, dated December 28, 2006, Poverty training, Getting Ahead in a Just-Gettin’- issued in respect of such costs, and has consi-By World training and the Circles Program, which dered the extent of objections received from resi-is consistent with the Safe Community Task Force dents or property owners as to said proposal and, recommendation regarding a major City-wide hu- accordingly the following action is now considered man relations effort. Motion by Jones to receive to be in the best interests of the City and residents and file the documents. Seconded by Connors. thereof. Motion carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY COUNCIL MEMBER REPORTS THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That this Council does hereby insti-Jones thanked the representatives of the Du- tute proceedings and takes additional action for buque Youth Ballet for attending and reported on the authorization of a Loan and Disbursement the specifics of the state-of-the-art fire truck on Agreement by and between the City and the Iowa display prior to the meeting. Finance Authority and the issuance to the Iowa CLOSED SESSION Finance Authority in the manner required by law of not to exceed $10,100,000 Storm Water Utility Revenue Capital Loan Notes for the foregoing Motion by Jones at 7:25 p.m. to go into closed purpose. session to discuss security procedures and emer- Section 2. That the City Clerk, with the assis-gency preparedness matters pursuant to Chapter tance of the City Attorney and bond counsel, is 21.5(1) Code of Iowa. Seconded by Lynch. Motion hereby authorized and directed to proceed with carried 6-0. the preparation of such documents and proceed- ings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the 408 Regular & Special Sessions, October 4, 2010 Book 140 CITY OF DUBUQUE, IOWA Upon motion the City Council reconvened in open session at 7:50 p.m. stating that staff had CITY COUNCIL been given proper direction. OFFICIAL There being no further business, upon motion PROCEEDINGS the City Council adjourned at 7:51 p.m. REGULAR SESSION /s/Jeanne F. Schneider, CMC City Clerk The Dubuque City Council met in regular ses- sion at 6:30 p.m. on October 4, 2010 in the Histor- ic Federal Building. Present: Mayor Pro-Tem Braig, Council Mem- CITY OF DUBUQUE, IOWA bers, Connors, Jones, Lynch, Resnick, Voetberg CITY COUNCIL (via phone), City Manager Van Milligen, City Attor- OFFICIAL ney Lindahl PROCEEDINGS Absent: Mayor Buol SPECIAL SESSION Mayor Pro-Tem Braig read the call and stated The Dubuque City Council met in special ses-this is a regular session of the City Council to act sion at 5:30 p.m. on October 4, 2010 in the Histor-upon such business that may properly come be- ic Federal Building. fore the City Council. Present: Mayor Pro-Tem Braig, Council Mem-Pledge of Allegiance bers, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attor-Invocation was provided by Reverend Lynn ney Lindahl Spicer of Faith Temple United Pentecostal Church. Absent: Mayor Buol PRESENTATIONS Mayor Pro-Tem Braig read the call and stated 2010 Census Partnership Recognition was this is a special session of the City Council to con-presented by Planning Services Manager Laura duct a closed session in accordance with Chapter Carstens. 21.5(1)(c)(j) Code of Iowa. International Economic Development Council – Excellence in Economic Development Award Motion by Connors to go into closed session was presented by Economic Development Direc- at 5:31 p.m. regarding pending litigation pursuant tor Dave Heiar. to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded PROCLAMATIONS by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in Week without Violence (October 10 – 16, open session stating that staff had been given 2010) was accepted by Sr. Charla Bulko of the proper direction. Dubuque Community Y, 35 N. Booth Street; White Cane Safety Day (October 15, 2010); National There being no further business, upon motion Save for Retirement Week (October 17 – 23, the City Council adjourned at 6:26 p.m. 2010) was accepted by Personnel Manager Randy Peck; Niemann-Pick Disease Awareness /s/Jeanne F. Schneider, CMC Month (October 2010); Trick or Treat Night (Octo- City Clerk ber 31, 2010) was accepted by Mayor Pro-Tem Braig. CONSENT ITEMS Motion by Lynch to receive and file the docu- ments, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Voetberg re- quested (#7) 2010 Census Awareness Campaign Summary; (#13) Government Finance Officers Association; and (#14) Office of the Governor be held for separate discus Book 140 Regular Session, October 4, 2010 409 -sion. Connors requested (#20) All-Star Com-NOW THEREFORE, BE IT RESOLVED BY munity for Sustainability Initiative be held for sepa-THE CITY COUNCIL OF THE CITY OF DUBU- rate discussion. Motion carried 6-0. QUE, IOWA: Section 1. The recommendation of the City Minutes and Reports Submitted: City Council Engineer is approved and the Project is hereby of 9/20; Historic Preservation Commission of 9/16; accepted. Housing Commission of 8/24; Housing Commis-Section 2. The Finance Director is hereby di- sion Trust Fund of 8/27 and 9/23; Park and rected to pay to the Contractor from the Traffic Recreation Commission of 9/14 Safety Improvements Funds and the Dubuque Library Board of Trustees Update from the Community School District Fund appropriation for meeting of August 26, 2010 the contract amount of $316,390.70 less any re- Proof of publication of City Council Proceed-tained percentage provided for therein as provided ings of September 7, 2010 (Work Session and in Iowa Code Chapter 573, and to pay such retai- Regular Session) nage only in accordance with the provisions of Upon motion the documents were received Iowa Code Chapter 573. th and filed. Passed, approved and adopted this 4 day of October, 2010. Notice of Claims/Suits: Cyndi Harker for prop-Karla A. Braig, Mayor Pro-Tem erty damage; Donald Berg for vehicle damage; Attest: Jeanne F. Schneider, CMC, City Clerk James Norman for property damage. Upon motion CITY ENGINEER’S CERTIFICATE OF FINAL the documents were received, filed and referred to COMPLETION OF THE PENNSYLVANIA the City Attorney. AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT City Attorney advising that the following claims PHASE II have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-The undersigned City Engineer of the City of surance Pool: Dan and Molly Fitzsimmons for Dubuque, Iowa, hereby certifies that he has in- property damage; Donald Berg for vehicle dam-spected the Pennsylvania Avenue from IA 32 to age; Cyndi Harker for property damage; James Vizaleea Drive Safety Improvements Project Norman for property damage. Upon motion the Phase II, that the Project has been performed in documents were received, filed and concurred. compliance with the terms of the Public Improve- ment Contract, and that the total cost of the com- Pennsylvania Avenue – IA 32 to Vizaleea pleted work is $384,681.54. th Drive – Safety Improvements Project: City Man-Dated this 28 day of September, 2010. ager recommending acceptance of the Pennsyl-Gus Psihoyos, City Engineer th vania Avenue – IA 32 to Vizaleea Drive – Safety Filed in the office of the City Clerk on the 30 Improvements Project as completed by McDer-day of September, 2010. mott Excavating in the final contract amount of Jeanne F. Schneider, CMC, City Clerk $316,390.70. Upon motion the documents were received and filed and Resolution No. 382-10 Ac-Chavenelle Road Pavement Repair Project: cepting the Pennsylvania Avenue – IA 32 to Viza-City Manager recommending acceptance of the leea Drive – Safety Improvements Project Phase II Chavenelle Road Pavement Repair Project as and authorizing payment of the contract amount to completed by Horsfield Construction, Inc., in the the contractor was adopted. final contract amount of $37,986.10. Upon motion the documents were received and filed and Reso- RESOLUTION NO. 382-10 lution No. 383-10 Accepting the Chavenelle Road ACCEPTING THE PENNSYLVANIA AVENUE Concrete Pavement Repair Project and authoriz- FROM IA 32 TO VIZALEEA DRIVE SAFETY ing payment of the contract amount to the contrac- IMPROVEMENTS PROJECT PHASE II AND tor was adopted. AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-RESOLUTION NO. 383-10 TOR ACCEPTING THE CHAVENELLE DRIVE – 2010 PCC CONCRETE PAVEMENT REPAIR Whereas, the Public Improvement Contract for PROJECT AND AUTHORIZING THE PAY- the Pennsylvania Avenue from IA 32 to Vizaleea MENT OF THE CONTRACT AMOUNT TO Drive Safety Improvements Project Phase II (the THE CONTRACTOR Project) has been completed and the City Engi- neer has examined the work and filed a certificate Whereas, the Public Improvement Contract for stating that the Project has been completed ac-the Chavenelle Drive – 2010 PCC Concrete cording to the terms of the Public Improvement Pavement Repair Project (the Project) has been Contract and that the City Engineer recommends completed and the City Engineer has examined that the Project be accepted. the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that 410 Regular Session, October 4, 2010 Book 140 the City Engineer recommends that the Project be provement Contract and that the City Engineer accepted. recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: QUE, 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 di-Section 2. The Finance Director is hereby di- rected to pay to the Contractor from the Site B rected to pay to the Contractor from the Iowa De- Industrial Park and General Storm Repair appropr-partment of Transportation funds and the City’s iations for the contract amount $37,986.10 less Bridge Repairs/Maintenance appropriation for the any retained percentage provided for therein as contract amount of $41,554.76 less any retained provided in Iowa Code chapter 573, and to pay percentage provided for therein as provided in such retainage only in accordance with the provi-Iowa Code Chapter 573, and to pay such retai- sions of Iowa Code chapter 573. nage only in accordance with the provisions of th Passed, approved and adopted this 4 day of Iowa Code Chapter 573. th October, 2010. Passed, approved and adopted this 4 day of Karla A. Braig, Mayor Pro-Tem October, 2010. Attest: Jeanne F. Schneider, CMC, City Clerk Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CHAVENELLE CITY ENGINEER’S CERTIFICATE OF FINAL DRIVE – 2010 PCC CONCRETE PAVEMENT COMPLETION OF THE THIRD STREET REPAIR PROJECT OVERPASS BRIDGE APPROACH REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in-The undersigned City Engineer of the City of spected the Chavenelle Drive – 2010 PCC Con-Dubuque, Iowa, hereby certifies that he has in- crete Pavement Repair Project, that the Project spected the Third Street Overpass Bridge Ap- has been performed in compliance with the terms proach Repair Project, that the Project has been of the Public Improvement Contract, and that the performed in compliance with the terms of the total cost of the completed work is $39,942.56. Public Improvement Contract, and that the total th Dated this 29 day of September, 2010. cost of the completed work is $46,703.76. th Gus Psihoyos, City Engineer Dated this 29 day of September, 2010. th Filed in the office of the City Clerk on the 30 Gus Psihoyos, City Engineer th day of September, 2010. Filed in the office of the City Clerk on the 30 Jeanne F. Schneider, CMC, City Clerk day of September, 2010. Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Bridge Approach Re- pair Project: City Manager recommending accep-Rescind Lease Agreement – Dubuque Bruis- tance of the Third Street Overpass Bridge Ap-ers Football Team: City Manager recommending proach Repair Project as completed by Tschiggfrie approval of rescinding the lease agreement be- Excavating Company in the final contract amount tween the City and Dubuque Bruisers Football of $41,554.76. Upon motion the documents were Team for a portion of Roosevelt Park. Upon mo- received and filed and Resolution No. 384-10 Ac-tion the documents were received, filed, and ap- cepting the Third Street Overpass Bridge Ap-proved. proach Repair Project and authorizing payment of the contract amount to the contractor was 2010 Census Awareness Campaign Sum- adopted. mary: City Manager transmitting the Census 2010 Awareness Campaign Summary Report. Motion RESOLUTION NO. 384-10 by Voetberg to receive and file the document. ACCEPTING THE THIRD STREET OVER- Seconded by Connors. Voetberg commended PASS BRIDGE APPROACH REPAIR Planning Services Manager Laura Carstens for PROJECT AND AUTHORIZING THE PAY- her work. Motion carried 6-0. MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Iowa Clean Air Attainment Program and the Whereas, the Public Improvement Contract for Job Access Reverse Commute Program: City the Third Street Overpass Bridge Approach Repair Manager recommending approval of an applica- Project (the Project) has been completed and the tion for a $225,907 grant from the Iowa Clean Air City Engineer has examined the work and filed a Attainment Program (ICAAP) and a $30,058 grant certificate stating that the Project has been com-from the Job Access Reverse Commute Program. pleted according to the terms of the Public Im-Upon motion the documents were received and filed and Resolution No. 385-10 Authorizing an Book 140 Regular Session, October 4, 2010 411 application for funding from the Iowa Clean Air vide a continuing form of public transit service for Attainment Program to create a bus route that the citizens of Dubuque. serves the west end shopping centers; and Reso-NOW, THEREFORE, BE IT RESOLVED BY lution No. 386-10 Authorizing an application for THE CITY COUNCIL OF THE CITY OF DUBU- continuation funding from the Job Access Reverse QUE, IOWA: Commute Program for a bus route serving the Section 1. That the City Council of the City of Industrial Park and Industrial Park West were Dubuque, Iowa, hereby endorses the attached adopted. application to the Job Access Reverse Commute Program for funding for the operational costs and RESOLUTION NO. 385-10 marketing of the West End Tripper. AUTHORIZING AN APPLICATION FOR Section 2. That the City Manager is authorized FUNDING FROM THE IOWA CLEAN AIR to sign, on behalf of the City Council the applica- ATTAINMENT PROGRAM TO CREATE A tion for JARC. th BUS ROUTE THAT SERVES THE WEST Passed, approved and adopted this 4 day of END SHOPPING CENTERS October, 2010. Whereas, the Iowa Clean Air Attainment Pro-Karla A. Braig, Mayor Pro-Tem gram (ICAAP) provides funding for reducing con-Attest: Jeanne F. Schneider, CMC, City Clerk gestion, reducing travel or single-occupant vehicle usage, and improving air quality; and Community Foundation of Greater Dubuque: Whereas the ICAAP program is an 80/20 Media release announcing that the Community match, 80% federal funds ($223,584), 20% local Foundation of Greater Dubuque has received a match funds ($46,800); and $205,500 grant from the John S. and James L. Whereas, the City Council finds that a shop-Knight Foundation. Upon motion the document ping shuttle that serves retail businesses along was received and filed. JFK Road, Warren Plaza, and Asbury Plaza would promote clean air standards in Dubuque Application for HUD Healthy Homes / Lead and provide a new form of public transit service for Paint Hazard Control Program Funding: City Man- the citizens of Dubuque. ager recommending approval of an application to NOW, THEREFORE, BE IT RESOLVED BY the U.S. Department of Housing and Urban De- THE CITY COUNCIL OF THE CITY OF DUBU-velopment for continuation of the Lead Paint Ha- QUE, IOWA: zard Control Program. Upon motion the docu- Section 1. That the City Council of the City of ments were received and filed and Resolution No. Dubuque, Iowa, hereby endorses the attached 387-10 Authorizing the Mayor to execute an appli- application to the Iowa Clean Air Attainment Pro-cation for a HUD Lead Paint Hazard Control and gram for funding for the operational costs and Healthy Homes Program Grant was adopted. marketing of the proposed shopping shuttle. RESOLUTION NO 387-10 Section 2. That the City Manager is authorized AUTHORIZING THE MAYOR TO EXECUTE to sign, on behalf of the City Council, the applica- AN APPLICATION FOR A HUD LEAD PAINT tion for ICAAP. th HAZARD CONTROL AND HEALTHY Passed, approved and adopted this 4 day of HOMES PROGRAM GRANT October, 2010. Karla A. Braig, Mayor Pro-Tem Whereas, the City of Dubuque has operated a Attest: Jeanne F. Schneider, CMC, City Clerk local childhood lead poisoning prevention program since 1994; and RESOLUTION NO. 386-10 Whereas, the City initially received a HUD AUTHORIZING AN APPLICATION FOR Round 4 Lead Hazard Control Program Grant in CONTINUATION FUNDING FROM THE JOB 1997, and has continually administered a program ACCESS REVERSE COMMUTE PROGRAM for 13 years; and FOR A BUS ROUTE SERVING THE INDUS- Whereas, the U.S. Department of Housing TRIAL PARK AND INDUSTRIAL PARK and Urban Development has made available addi- WEST tional funds for the Lead Hazard Control and Whereas, the Job Access Reverse Commute Healthy Homes Programs, including for lead- (JARC) program provides funding for transporta-based paint hazard control, lead hazard aware- tion for employment and job readiness training; ness, training, community outreach, environmental and assessments and treatment; and Whereas the JARC program is a 50/50 match, Whereas, the City of Dubuque proposes a 50% federal funds ($30,058), 50% local match Lead Paint Hazard Control Program in Census funds ($30,058); and Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of Du- Whereas, the city council finds that a West buque. End Tripper JARC funded route that serves indus-NOW, THEREFORE, BE IT RESOLVED BY tries along Dubuque’s Industrial Park and Industri-THE CITY COUNCIL OF THE CITY OF DUBU- al Park West would promote public transportation QUE, IOWA: and economic development in Dubuque and pro- 412 Regular Session, October 4, 2010 Book 140 Section 1. That the Mayor is hereby authorized tion No. 388-10 Re-Lighting the Fifth Street Ramp and directed to execute an application to the U.S. and Locust Street Ramp was adopted. Department of Housing and Urban Development RESOLUTION NO. 388-10 for a Lead Paint Hazard Control and Healthy TH RE-LIGHTING OF THE 5 STREET RAMP Homes Program Grant in the amount of $3.1 mil- AND LOCUST STREET RAMP lion. Section 2. Funds from the Community Devel-Whereas, Twist/HDM has submitted a pro- opment Block Grant Program in the amount of posal in response to the City of Dubuque’s request th $180,000 will be committed in Fiscal Years 2011-to re-light the 5 Street and Locust Street Parking 2114 as required match. Ramps; and Section 3. That the City Manager is hereby au-Whereas, they were selected as the vendor thorized and directed to forward said application through the bidding process for the new ramp at th and resulting standard executed contract to the 10 and Central and now through that process respective agencies in a timely fashion and as considered a sole source provider for like equip- required by the U. S. Department of Housing and ment due to the operating system required for Urban Development. each ramp. th Passed, approved and adopted this 4 day of NOW, THEREFORE, BE IT RESOLVED BY October, 2010. THE CITY COUNCIL OF THE CITY OF DUBU- Karla A. Braig, Mayor Pro-Tem QUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk Section 1. To award the two contracts to Twist/HDM in the amount of $171,932.00 to relight th Crescent Community Health Center Federal the 5 Street and Locust Street Parking Ramps. th Grant Renewal: City Manager recommending Passed, approved and adopted this 4 day of approval of a letter of support for the Crescent October, 2010. Community Health Center’s Service Area Compe-Karla A. Braig, Mayor Pro-Tem tition (SAC) Grant. Upon motion the documents Attest: Jeanne F. Schneider, CMC, City Clerk were received, filed, and approved. Plat of Survey – Dubuque Technology Park Support for Safe Routes to School Infrastruc-#3: City Manager recommending approval of a ture Grant: Letter of support from the Health Ser-plat to subdivide Lot 1 of the Dubuque Technology vices Department for the City of Dubuque’s appli-Park #3 to accommodate the development plans cation for a Safe Routes to School Infrastructure submitted by Conlon Johnson Development, LLC Grant. Upon motion the document was received for the Sedgwick expansion. Upon motion the and filed. documents were received and filed and Resolu- tion No. 389-10 Approving plat of survey of Lot 1 Government Finance Officers Association: of 1 and Lot 2 of 1 in Dubuque Technology Park Communication from the Government Finance #3 in the City of Dubuque, Iowa, was adopted. Officers Association advising that the City has RESOLUTION NO. 389-10 received the Distinguished Budget Presentation APPROVING PLAT OF SURVEY OF LOT 1 Award for the current budget and that a Certificate OF 1 AND LOT 2 OF 1 IN DUBUQUE TECH- of Recognition for Budget Presentation has been NOLOGY PARK NO. 3, IN THE CITY OF presented to Budget Director Jennifer M. Larson. DUBUQUE, IOWA Motion by Voetberg to receive and file the docu- ment. Seconded by Connors. Voetberg com-Whereas, there has been presented to the mended Budget Director Jenny Larson for her City Council of the City of Dubuque, Iowa, a Plat of work. Motion carried 6-0. Survey, Lot 1 of 1 and Lot 2 of 1, Dubuque Tech- nology Park No. 3 in the City of Dubuque, Iowa Office of the Governor: Communication from dated September 20, 2010, prepared by Buesing Governor Chester J. Culver and Lt Governor Patty & Associates, Inc., Engineers and Surveyors, de- Judge informing Paul Schultz that he has been scribing the property to be subdivided, a copy of appointed as a member of the Green Advisory which is attached hereto (the Plat); and Committee. Motion by Voetberg to receive and file Whereas, said Plat conforms to the laws and the document. Seconded by Connors. Voetberg statutes pertaining thereto. commended Resource Management Coordinator NOW, THEREFORE, BE IT RESOLVED BY Paul Schultz for his work. Motion carried 6-0. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Re-Lighting the Fifth Street Ramp and Locust Section 1. The Plat is hereby approved, and Street Ramp: City Manager recommending ap-the Mayor and City Clerk are hereby authorized proval of two contracts with TwistHDM/Limelight and directed to execute the Plat for and on behalf for replacement lighting in the Fifth Street Ramp of the City of Dubuque, Iowa. and the Locust Street Ramp. Upon motion the Section 2. That the City Clerk is hereby autho- documents were received and filed and Resolu-rized and directed to file said Plat and certified Book 140 Regular Session, October 4, 2010 413 copy of this resolution in the office of the Recorder signed to assist communities in the development in and for Dubuque County, Iowa. and creation of multiple purpose attraction or tour- th Passed, approved and adopted this 4 day of ism facilities; and October, 2010. Whereas, the Bee Branch Creek Restoration Karla A. Braig, Mayor Pro-Tem Project will replace an underground storm sewer Attest: Jeanne F. Schneider, CMC, City Clerk with an open waterway and a linear park that will improve quality of life for neighborhood residents Dubuque County Board of Supervisors: and create a tourist attraction; and Communication from the Dubuque County Board Whereas, the City Council has adopted the of Supervisors to the Federal Emergency Man-Fiscal Year 2011-2016 Capital Improvement Pro- agement Agency in support of the City of Dubu-gram (CIP) budget, which includes the City’s fi- que’s technical appeal of the FEMA preliminary nancial commitment to secure loans in the amount DFIRM. Upon motion the documents were re-of $38.6 million to build the $46.9 million multi-year ceived and filed. Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY International Economic Development Council: THE CITY COUNCIL OF THE CITY OF DUBU- Media release from the International Economic QUE, IOWA: Development Council announcing that the City of Section 1. The Mayor is authorized to sign and Dubuque has received an Excellence in Economic submit this grant application to Vision Iowa for Historic Roshek Build- Development Award for the RECAT Program Funding for the Bee Branch ing Redevelopment in the category of Public-Creek Restoration Project. th Private Partnerships. Passed, approved and adopted this 4 day of Press release announcing that the Greater October, 2010. Dubuque Development Corporation was recog-Karla A. Braig, Mayor Pro-Tem nized for Excellence in Economic Development for Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Works – A Workforce Initiative their in the category of Human Capital from the Interna-AmeriCorps Partners in Learning Supplemen- tional Economic Development Council. tal Grant Award: City Manager recommending Upon motion the documents were received approval of the execution of the supplemental and filed. grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque Ameri- Historic Millwork District Complete Streets Corps Program. Upon motion the documents were TIGER Grant: City Manager recommending ap-received, filed, and approved. proval of the final TIGER grant funding agreement for the Historic Millwork District Complete Streets Open Burning: Communication from Joan E. Project. Upon motion the documents were re-Wehrspann, P.O. Box 632, regarding open burn- ceived, filed, and approved. ing. Upon motion the documents were received and filed. All-Star Community for Sustainability Initiative: Press release announcing that the Iowa League of Liquor License Applications: City Manager re- Cities has recognized the City of Dubuque as a commending approval of annual liquor license 2010 All-Star Community for its sustainability initia-renewals as submitted. Upon motion the docu- tive. Motion by Connors to receive and file the ments were received and filed and Resolution No. documents. Seconded by Resnick. Connors pre-391-10 Granting the issuance of a Class “C” Beer sented the award. Motion carried 6-0. Permit to Hy-Vee Gas #2 and Holy Ghost Church; and Resolution No. 392-10 Granting the issuance RECAT Grant Application for Bee Branch of a Class “C” Beer/Liquor License to Denny’s Lux Creek Restoration Project: City Manager recom-Club and Loras College; and a Class “WBN Native mending approval of a Notice of Intent to Apply Wine” to Solon Langworthy House were adopted. form and Resolution for a RECAT grant applica- RESOLUTION NO. 391-10 tion for the Bee Branch Creek Restoration Project to Vision Iowa. Upon motion the documents were Whereas, applications for Beer Permits have received and filed and Resolution No. 390-10 been submitted and filed to this Council for ap- Support of RECAT Program Application for fund-proval and the same have been examined and ing for the Bee Branch Creek Restoration Project approved; and was adopted. Whereas, the premises to be occupied by such applicants were inspected and found to RESOLUTION NO. 390-10 comply with the Ordinances of the City and have SUPPORT OF RECAT PROGRAM APPLI- filed proper bonds. CATION FOR FUNDING FOR THE BEE NOW, THEREFORE, BE IT RESOLVED BY BRANCH CREEK RESTORATION PROJECT THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the River Enhancement Community QUE, IOWA: Attraction and Tourism (RECAT) program is de- 414 Regular Session, October 4, 2010 Book 140 That the Manager be authorized to cause to suance of Urban Renewal Tax Increment Reve- be issued the following named applicants a Beer nue Obligations and the execution of an Amended Permit. and Restated Development Agreement relating CLASS “C” BEER PERMIT thereto with Conlon Johnson Development, LLC, Hy-Vee, Inc., Hy-Vee Gas #2 +(Sunday Sale), and providing for the publication of notice thereof 2435 NW Arterial was adopted setting a public hearing for a meeting Holy Ghost Church, Holy Ghost Church to commence at 6:30 p.m. on October 18, 2010 in +(Sunday Sale), 2921 Central Ave. the Historic Federal Building. Passed, approved and adopted this 4th day of RESOLUTION NO. 393-10 October, 2009. INTENT TO DISPOSE OF AN INTEREST IN Karla A. Braig, Mayor Pro-Tem CITY OF DUBUQUE REAL ESTATE Attest: Jeanne F. Schneider, CMC, City Clerk AND RESOLUTION NO. 392-10 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY Whereas, applications for Liquor Licenses OF DUBUQUE, IOWA, ON THE PROPOSED have been submitted to this Council for approval ISSUANCE OF URBAN RENEWAL TAX IN- and the same have been examined and approved; CREMENT REVENUE OBLIGATIONS AND and THE EXECUTION OF AN AMENDED AND Whereas, the premises to be occupied by RESTATED DEVELOPMENT AGREEMENT such applicants were inspected and found to RELATING THERETO WITH CONLON comply with the State Laws and all City Ordin- JOHNSON DEVELOPMENT, LLC, AND ances relevant thereto and they have filed proper PROVIDING FOR THE PUBLICATION OF bonds. NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-Whereas, the City of Dubuque, Iowa, (City) is QUE, IOWA: the owner of the following real property (the Prop- That the Manager be authorized to cause to erty): Lot 2-1 of Dubuque Technology Park No. 3 be issued the following named applicants a Liquor in the City of Dubuque, Iowa, according to the License. recorded plat thereof; and CLASS “C” BEER/LIQUOR LICENSE Whereas, City and Conlon Johnson Develop- Kelly Oppelt, Denny’s Lux Club +(Sunday ment, LLC, have entered into an Amended and Sale), 3050 Asbury Road Restated Development Agreement, subject to the Aramark Education Services, Loras College approval of the City Council, a copy of which is Athletic/Wellness Center, +(Sunday Sale), 1600 now on file at the Office of the City Clerk, City Hall, th Cox Street 13 and Central Avenue, Dubuque, Iowa, pur- CLASS “WBN” NATIVE WINE suant to which City will convey the Property to Keisha Wainwright, Solon Langworthy House, Conlon Johnson Development, LLC; and 264 Alpine Street Whereas, the City Council has tentatively de- th Passed, approved and adopted this 4 day of termined that it would be in the best interests of October, 2010 the City to approve the Development Agreement, Karla A. Braig, Mayor Pro-Tem including the conveyance of the Property to Con- Attest: Jeanne F. Schneider, CMC, City Clerk lon Johnson Development, LLC; and Whereas, it is deemed necessary and advisa- ITEM TO BE SET FOR PUBLIC HEARING ble that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Motion by Lynch to receive and file the docu-Chapter 403 of theCode of Iowa, and to enter into ments, adopt the resolution, set the public hearing the Development Agreement relating thereto for as indicated, and direct the City Clerk to publish the purpose of carrying out an Urban Renewal notice as prescribed by law. Seconded by Res-Plan as hereinafter described; and nick. Motion carried 6-0. Whereas, before said obligations may be ap- proved, Chapter 403 of the Code of Iowarequires Amended and Restated Development Agree-that the City Clerk publish a notice of the proposal ment – Conlon Johnson Development, LLC: City and of the time and place of the meeting at which Manager recommending that a public hearing be the City Council proposes to take action thereon set for October 18, 2010 to consider an Amended and at which meeting the City Council shall re- and Restated Development Agreement with Con-ceive oral and/or written objections from any resi- lon / Johnson to accommodate the Company’s dent or property owner of said City to such pro- continued growth in the Technology Park. Upon posed action. motion the documents were received and filed and NOW THEREFORE, BE IT RESOLVED BY Resolution No. 393-10 Intent to dispose of an THE CITY COUNCIL OF THE CITY OF DUBU- interest in City of Dubuque real estate and fixing QUE, IOWA: the date for a public hearing of the City Council of Section 1. The City of Dubuque intends to dis- the City of Dubuque, Iowa on the proposed is-pose of its interest in the foregoing-described Book 140 Regular Session, October 4, 2010 415 Property by Deed to Conlon Johnson Develop-Environmental Stewardship Advisory Com- ment LLC. mission: One 3-year term through October 1, 2013 Section 2. The City Clerk is hereby authorized (Term of Suarez). Applicants: Will Hoyer, 486 and directed to cause this Resolution and a notice Clarke Drive; Kenneth Miller, 195 Julien Dubuque to be published as prescribed by Iowa Code Sec-Drive; Aditi Sinha, 900 South Grandview Avenue; tion 364.7 of a public hearing on the City's intent to and Stacy Splittstoesser, 1694 Radford Road, dispose of the foregoing-described Property, to be #18. Upon roll-call vote, Aditi Sinha was appointed th held on the 18 day of October, 2010 at 6:30 to the Environmental Stewardship Advisory Com- o'clock p.m. in the City Council Chambers at the mission for one 3-year term through October 1, Historic Federal Building, 350 W. 6th St., Dubu-2013. que, Iowa. ACTION ITEMS Section 3. The City Council will also meet at said time and place for the purpose of taking ac- tion on the matter of authorizing Urban Renewal Convention and Visitors Bureau Quarterly Re- Tax Increment Revenue obligations and the ex-port: Keith Rahe, Convention and Visitors Bureau, ecution of the Development Agreement relating to provide a verbal quarterly report. Motion by thereto with Conlon Johnson Development LLC, Lynch to receive and file the documents. the proceeds of which obligations will be used to Seconded by Resnick. Motion carried 6-0. carry out certain of the special financing activities described in the Urban Renewal Plan for the Du-Upper Main Street National Register of Histor- buque Industrial Center South Economic Devel-ic Places District: Historic Preservation Commis- opment District, consisting of the funding of eco-sion recommending approval of an amendment to nomic developments grants to Conlon Johnson the Upper Main Street National Register of Historic Development, LLC, pursuant to the Development Places District to include 909 Main Street (the Agreement under the terms and conditions of said Fischer Building), 951 Main Street, 955 Main Urban Renewal Plan. It is expected that the ag-Street and 965 Main Street. Motion by Voetberg to gregate amount of the Tax Increment Revenue receive and file the documents and approve the obligations will be approximately $467,800. recommendation. Seconded by Jones. Motion Section 4. The Clerk is hereby directed to carried 6-0. cause at least one publication to be made of a notice of said meeting, in a newspaper, printed Schroeder-Kleine Grocer Company Ware- wholly in the English language, published at least house and M.M. Walker Company Warehouse: once weekly, and having general circulation in Historic Preservation Commission recommending said City, said publication to be not less than four that the Schroeder-Kleine Grocer Company days nor more than twenty days before the date of Warehouse and M.M. Walker Company Ware- said meeting on the issuance of said obligations. house be nominated to the National Register of Section 5. That the notice of the proposed ac-Historic Places. Motion by Voetberg to receive and tion to issue said obligations shall be in substan-file the documents and approve the recommenda- tially the form attached hereto. tion. Seconded by Jones. Motion carried 6-0. th Passed, approved and adopted this 4 day of October, 2010. Walker’s Shoe Store: Historic Preservation Karla A. Braig, Mayor Pro-Tem Commission recommending that the Walker Shoe Attest: Jeanne F. Schneider, CMC, City Clerk Store building be nominated to the National Regis- ter of Historic Places. Motion by Voetberg to re- BOARDS/COMMISSIONS ceive and file the documents and approve the recommendation. Seconded by Jones. Motion Applicants were invited to address the City carried 6-0. Council regarding their desire to serve on the fol- nd lowing Boards/Commissions: Washington Street and East 22 Street His- Housing Trust Fund Advisory Committee: One toric District: Historic Preservation Commission 3-year term through September 8, 2013 (Term of recommending that the Washington Street and nd Walsh). Applicant: John Walsh, 3116 Spring Val-East 22 Street Historic District be nominated to ley Road. the National Register of Historic Places. Motion by Appointments to the following Connors to receive and file the documents and Boards/Commissions: approve the recommendation. Seconded by Voet- Airport Commission: One 4-year term through berg. Motion carried 6-0. September 14, 2012 (Term of Czeshinski- Hafkemeyer). Applicants: Dan Nicholson, 889 Historic Millwork District Parking: City Manager Walker Street; Amy Wagner, 4555 Camelot Drive. recommending approval of an Offer to Buy Real Upon roll-call vote, Amy Wagner was appointed to Estate and Acceptance for the Alamo site in the the Airport Commission for one 4-year term Historic Millwork District to develop parking to sup- through September 8, 2013. port redevelopment of the District. Motion by Con- nors to receive and file the documents and adopt 416 Regular Session, October 4, 2010 Book 140 Resolution No. 394-10 Approving an agreement ance be considered and voted on for passage at for the purchase of real estate in the Historic Mill-two Council meetings prior to the meeting at which work District, City of Dubuque, Iowa, commonly it is to be passed be suspended. Seconded by referred to as the Alamo site, from Warehouse Resnick. Responding to questions from the City Redevelopment, LLC. Seconded by Jones. Res-Council, Van Milligen stated that the duration of ponding to questions from the City Council, Eco-the committee can be extended beyond the rec- nomic Development Director Dave Heiar stated ommended sunset date of December 31, 2011. that the percentage of public parking versus pri-Connors asked that current Safe Community Task vate parking is not known yet and will be deter-Force members and subcommittee members be mined by the final design and developer needs. solicited for membership. Voetberg stated that the Motion carried 6-0. Task Force’s list of recommendations be noted as such and not as recommendations from the City RESOLUTION NO. 394-10 Council. Jones stated that he believes it is the APPROVING AN AGREEMENT FOR THE responsibility of the Council to implement the rec- PURCHASE OF REAL ESTATE IN THE HIS- ommendations of the Task Force and this meas- TORIC MILLWORK DISTRICT, CITY OF DU- ure may slow the process. Connors and Resnick BUQUE, IOWA, COMMONLY REFERRED stated they favored the sunset extension option. TO AS THE ALAMO SITE FROM WARE- Motion carried 6-0. HOUSE REDEVELOPMENT, LLC Motion by Connors for final consideration and Whereas, Warehouse Redevelopment, LLC, passage of Ordinance No. 55-10 Creating a Safe is the owner of City Lot 2 of Center City Place in Community Advisory Committee. Seconded by the City of Dubuque, Iowa, according to the United Voetberg. Motion carried 5-1 with Jones voting States Commissioners’ Map of the Town of Dubu-nay. que, Iowa (the Property); and OFFICIAL PUBLICATION Whereas, the City Council finds that it is in the ORDINANCE NO. 55-10 best interests of the City of Dubuque to purchase CREATING A SAFE COMMUNITY ADVI- the Property for future parking and plaza needs in SORY COMMITTEE the Historic Millwork District; and Whereas, the City Council has obtained the Whereas, the City of Dubuque City Council necessary financing to purchase the Property; and made creating a crime strategy a high priority in Whereas, the Offer to Buy and Acceptance, August 2009; and attached hereto and by this reference made a part Whereas, a community forum was held Sep- hereof, sets forth the terms and conditions of the tember 2009 to gather input from the citizens of purchase of property from Warehouse Redeve-Dubuque to address crime; and lopment, LLC. Whereas, the City Manager recommended the NOW, THEREFORE, BE IT RESOLVED BY creation of the Safe Community Task Force THE CITY COUNCIL OF THE CITY OF DUBU-(SCTF) to analyze the City’s crime issues and QUE, IOWA: possible solutions; and Section 1. That the Offer to Buy and Accep-Whereas, the SCTF was created consisting of tance attached hereto, is hereby approved. two City Council members, the City Manager, the Section 2. That the City Manager is hereby au-Police Chief, and twenty-one citizens, appointed thorized and directed to execute, on behalf of the October 2009; and City of Dubuque, Iowa, said Purchase Agreement. Whereas, the SCTF was tasked with: th  Passed, approved and adopted this 4 day of Collecting facts about the scope October, 2010. of the problems, Karla A. Braig, Mayor Pro-Tem  Identifying already existing ef- Attest: Jeanne F. Schneider, CMC, City Clerk forts working to improve and pre- vent problems, Lot One, LLC Settlement Agreement: City  Looking at models and initiatives Manager recommending approval of the Settle- in other communities, ment / Acknowledgement Agreement of Lot One,  Establishing goals and objec- LLC, and communication from Joseph Zwack, Lot tives, One, LLC, regarding the Alcohol Compliance Set-  Creating committees and work tlement Agreement. Motion by Connors to receive groups to involved additional and file the documents and approve the recom- community members, mendation. Seconded by Voetberg. Motion carried  Making recommendations to the 6-0. City Council; and Whereas, the SCTF provided a first set of nine Safe Community Advisory Committee: City recommendations to the City Council in January Manager recommending approval of the creation 2010 and a second set of twenty-eight recom- of the Safe Community Advisory Committee. Mo- mendations to the City Council in July 2010; and tion by Connors to receive and file the documents and that the requirement that a proposed ordin- Book 140 Regular Session, October 4, 2010 417 Whereas, one of the recommendations was 2. Special Meetings. Special meetings may be continued existence of the Task Force to monitor called by the chairperson or at the written request the implementation and progress of its recom-of three (3) members. mendations through quarterly progress reports 3. Open Meetings. All meetings shall be called from City staff and special meetings as necessary, and held in conformance with the Iowa Open as well as a recommendation that the City Council Meetings Law. consider the creation of a “Safe Community 4. Attendance. Commission;” and a. In the event a member of the Safe Whereas, the SCTF shall continue to meet Community Advisory Committee, created by this during the Fall of 2010 to receive and review up-Chapter, has been absent for two (2) or more con- dates from City staff and the crime study results secutive meetings of the Committee, without being provided by Northern Illinois University and make excused by the chairperson, it shall be grounds for further recommendations to the City Council, and the Committee to recommend to the City Council turn over the recommendations to a newly created that the position be declared vacant and a re- committee as of January 1, 2011. placement appointed. NOW, THEREFORE, BE IT ORDAINED BY b. Attendance shall be entered upon the THE CITY COUNCIL OF THE CITY OF DUBU-minutes of all meetings. QUE, IOWA: 5. Minutes. A copy of the minutes of all regular Section 1. The City of Dubuque City Council and special meetings of the Committee shall be hereby creates a committee and encourages filed with the City Council within ten (10) working members of the Safe Community Task Force and days after each meeting. subcommittees of the Task Force to apply. 6. Quorum. Five (5) members of the Commit- Section 2. There is hereby created a Safe tee shall constitute a quorum for the transaction of Community Advisory Committee. business. The affirmative vote of at least five (5) 2-9-1: Commission Created: There is hereby members shall be necessary for the adoption of created the Safe Community Advisory Committee any resolution. to have such powers and responsibilities as herei-2-9-10: Compensation: The members of the nafter provided. Safe Community Advisory Committee created by 2-9-2: Mission: The mission of the Committee this Chapter shall serve without compensation, shall be to monitor the implementation and provided that they may receive reimbursement for progress of the Safe Community Task Force rec-necessary travel and other expenses while on ommendations. official Committee business and such shall be 2-9-3: Internal Organization and Rules: The within the limits established in the City budget. Committee may adopt rules and regulations to 2-9-11: Removal: The City Council may re- govern its organizational procedures as may be move any member of any board or committee necessary and which are not in conflict with City or which it has established. State Code. 2-9-12: Powers: The Safe Community Advi- 2-9-4: Procedures for Operation: All adminis-sory Committee shall have the following powers, trative, personnel, accounting, budgetary, and duties, and responsibilities: procurement policies of the City shall govern the 1. Monitor the implementation and progress of Committee in all its operations. the Safe Community Task Force recommenda- 2-9-5: Membership: The Safe Community Ad-tions, visory Committee shall consist of nine (9) resi-2. Serve as conduit for information to the City dents of the City of Dubuque, appointed by the Manager, City Council. 3. Provide reports to the City Council as 2-9-6: Terms: The term of office for members needed, of the Safe Community Advisory Committee shall 4. Research and tasks as assigned by the City begin January 1, 2011 and end on December 31, Council. 2011. 2-9-13: Sunsetof Safe Community Advisory 2-9-7: Vacancies: Vacancies caused by death, Committee: The Safe Community Advisory Com- resignation, or otherwise shall be promptly filled by mittee shall cease to exist on December 31, 2011. the City Council for the unexpired term of office. Section 3. This Ordinance shall take effect 2-9-8: Officers/Organization: The Committee upon publication. th shall choose annually, from its own membership, a Passed, approved and adopted this 4 day of chairperson and vice chairperson. The chairper-October, 2010. son shall appoint a secretary, who need not be a /s/Karla A. Braig, Mayor Pro-Tem member of the Committee. The Committee shall Attest: fill vacancies among its officers for the remainder /s/Jeanne F. Schneider, CMC, City Clerk of the unexpired term. Published officially in the Telegraph Herald th 2-9-9: Meetings: Newspaper the 8 day of October, 2010. 1. Regular Meetings. The Safe Community /s/Jeanne F. Schneider, CMC, City Clerk Advisory Committee shall meet quarterly. 418 Regular Session, October 4, 2010 Book 140 Iowa Great Places Video: City Manager transmitting information on the City of Dubuque’s Iowa Great Places Designation and the Iowa Great Places Video. Motion by Connors to receive and file the documents. Seconded by Resnick. Assistant City Manager Cindy Steinhauser intro- duced and presented the video. Motion carried 6- 0. Continued Implementation of IBM Smarter City Partnership: City Manager recommending continued implementation of the Smarter City Partnership with IBM into the area of vehicle miles traveled. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on attending the recent Iowa League of Cities Conference and the Glimmer of Hope – Domestic Violence Awareness event. Braig reported on attending the HEART dinner and program. CLOSED SESSION Motion by Lynch to go into closed session at 7:52 p.m. regarding Pending Litigation and Proper- ty Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion car- ried 6-0. Upon motion the City Council reconvened in open session at 9:19 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:20 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 140 Special Session, October 12, 2010 419 CITY OF DUBUQUE, IOWA proposes to take action thereon and to receive oral and/or written objections from any resident or CITY COUNCIL property owner of said City to such action. OFFICIAL NOW, THEREFORE, BE IT RESOLVED BY PROCEEDINGS THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That this Council meet in the Histor- The Dubuque City Council met in Special ic Federal Building, 350 West 6th Street, Dubu- Session at 5:00 p.m. on October 12, 2010, in th que, Iowa, at 6:30 o'clock P.M., on the 18 day of Conference Room B of City Hall. October, 2010, for the purpose of taking action on the matter of the issuance of not to exceed Present: Mayor Buol, Council Members, $350,000 Urban Renewal Tax Increment Reve- Braig, Connors, Jones, Lynch, Resnick, City nue Notes, the proceeds of which will be used to Manager Van Milligen provide funds to pay costs of aiding in the plan- ning, undertaking and carrying out of urban re- Absent: Council Member Voetberg newal project activities under the authority of Chapter 403 of the Code of Iowa and the Mayor Buol read the call and stated this is Amended and Restated Urban Renewal Plan for a special session of the City Council called to the Greater Downtown Urban Renewal District, act upon such business that may properly including those costs associated with the funding come before the City Council. of economic development grants and loans to 44 Main, LLC, an Iowa limited liability company, un- 44 Main, LLC – Development Agreement: der the terms of a Development Agreement be- City Manager recommending that a public tween the City of Dubuque and 44 Main, LLC, as hearing be set for October 18, 2010 to consid- the same may be amended from time to time, and er a proposed Development Agreement for the funding of related reserves and payment of property located at 44 Main Street and the capitalized interest and the costs of issuance of issuance of not to exceed $350,000 Urban the Notes. Renewal Tax Increment Revenue Bonds. Mo- Section 2. That the Clerk is hereby directed to tion by Connors to receive and file the docu- cause at least one publication to be made of a ments and adopt Resolution No. 395-10 Fixing notice of said meeting, in a legal newspaper, date for a meeting on the proposition of the printed wholly in the English language, published issuance of not to exceed $350,000 Urban at least once weekly, and having general circula- Renewal Tax Increment Revenue Notes of tion in said City, said publication to be not less Dubuque, Iowa, and providing for publication than four clear days nor more than twenty days of notice thereof was adopted setting a public before the date of said public meeting on the is- hearing for a meeting to commence at 6:30 suance of said obligations. p.m. on October 18, 2010 in the Historic Fed- Section 3. The notice of the proposed action to eral Building. Seconded by Braig. Motion car- issue said Urban Renewal Tax Increment Reve- ried 6-0. nue Notes shall be in substantially the [provided] form. RESOLUTION 395-10 th Passed and approved this 12 day of October, RESOLUTION FIXING DATE FOR A MEET- 2010. ING ON THE PROPOSITION OF THE IS- Roy D. Buol, Mayor SUANCE OF NOT TO EXCEED $350,000 Attest: Jeanne F. Schneider, CMC, City Clerk URBAN RENEWAL TAX INCREMENT REV- ENUE NOTES OF DUBUQUE, IOWA, AND There being no further business, upon mo- PROVIDING FOR PUBLICATION OF NO- tion the City Council adjourned at 5:01 p.m. TICE THEREOF Whereas, it is deemed necessary and advisa- /s/Jeanne F. Schneider, CMC ble that the City of Dubuque, Iowa should issue City Clerk Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $350,000, as autho- rized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and Whereas, Section 403.9 sets forth the proce- dural action required to be taken before said Ur- ban Renewal Tax Increment Revenue Notes may be issued, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council 420 Regular Session, October 18, 2010 Book 140 CITY OF DUBUQUE, IOWA Notice of Claims/Suits: Gregory Doser for ve- CITY COUNCIL hicle damage; William J. Millman for vehicle dam- OFFICIAL age; Mark and Kim Tranel for property damage; PROCEEDINGS Anne Holmberg for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. The Dubuque City Council met in regular ses- sion at 6:30 p.m. on October 18, 2010 in the His- City Attorney advising that the following claims toric Federal Building. have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- Present: Mayor Buol, Council Members Con- surance Pool: Gregory Doser for vehicle damage; nors, Jones, Lynch, Resnick, Voetberg, Acting City William J. Millman for vehicle damage; Mark and Manager Carstens, City Attorney Lindahl Kim Tranel for property damage. Upon motion the documents were received, filed and concurred. Absent: Council Member Braig, City Manager Van Milligen Replacement of Solid Waste Collection Ve- hicle: City Manager recommending approval of the Mayor Buol read the call and stated this is a replacement of solid waste collection vehicle regular session of the City Council to act upon #3419 subject to a future budget amendment. such business that may properly come before the Upon motion the documents were received, filed, City Council. and approved. Pledge of Allegiance Camille Blackbourn Claim: Communication from Bradley T. Boffeli, Blair & Fitzsimmons, P.C., Invocation was provided by Pastor Dianne requesting that the claim of Camille Blackbourn for Christopher of St. Luke's Methodist Church. vehicle damage be reviewed. Upon motion the document was received, filed and referred to the PRESENTATION City Attorney. Iowa Wellness Council's Healthy Community Iowa Department of Transportation: Official Award was presented by Health Services Manag- notification that the Iowa Department of Transpor- er Mary Rose Corrigan. tation proposes to let a HMA (Hot Mix Asphalt) Joint and Crack Sealing project located on US 52 PROCLAMATION nd from 32 Street northerly to Iowa 32 in Dubuque on December 21, 2010. Upon motion the docu- Dubuque Weatherization Challenge Day was ment was received and filed. accepted by Thomas Stovall, Operation: New View Community Action Agency, 1473 Central Plat of Survey – Lott Addition: Zoning Advisory Avenue; and Laura Roussell, Black Hills Energy, Commission recommending approval of the Plat 1015 Cedar Cross Road. of Survey of 637 Arlington Street as requested by Dave Schneider / David and Julie Lott. Upon mo- CONSENT ITEMS tion the documents were received and filed and Resolution No. 396-10 Approving the Plat of Sur- Motion by Lynch to receive and file the docu- vey of Lott Addition in the City of Dubuque, Iowa, ments, adopt the resolutions, and dispose of as was adopted. indicated except for (#12) National Mississippi River Museum and Aquarium Rivers Center RESOLUTION NO. 396-10 Project – Phase II, which was removed from the APPROVING THE PLAT OF SURVEY OF agenda. Seconded by Resnick. Motion carried 6- LOTT ADDITION IN THE CITY OF DUBU- 0. QUE, IOWA Whereas, there has been filed with the City Minutes and Reports Submitted: City Council Clerk a Plat of Survey of Lott Addition in the City of of 10/4 and 10/12; Community Development Advi- Dubuque, Iowa; and sory Commission of 9/7; Human Rights Commis- Whereas, said Plat of Survey provides 24.07 sion of 9/13; Zoning Advisory Commission of 10/6; feet of frontage and 24.57 square feet of lot area Zoning Board of Adjustment of 9/23 for Lot 1, where 50 feet of lot frontage and 2,500 Proofs of publication of City Council Proceed- square feet of lot area is required by Section 11-14 ings of September 20, 2010 and List of Claims of Title 16 of the City of Dubuque Code of Ordin- and Summary of Revenues for Month Ended Au- ances, Unified Development Code; and gust 31, 2010 Whereas, said Plat of Survey has been ex- Upon motion the documents were received amined by the Zoning Advisory Commission and and filed. had its approval endorsed thereon; and Book 140 Regular Session, October 18, 2010 421 th Whereas, said Plat of Survey has been ex-Passed, approved and adopted this 18 day of amined by the City Council and they find that it October 2010. conforms to the statues and ordinances relating to Roy D. Buol, Mayor it. Attest: Jeanne F. Schneider, CMC, City Clerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-Sustainable Dubuque Task Force: Communi- QUE, IOWA: cation from the Iowa Chapter of the American Sustainable Section 1. That Section 11-14 of Title 16 of the Planning Association advising that the Dubuque City of Dubuque Code of Ordinances, Unified planning process has been selected to Development Code, is waived to allow 24.07 feet receive the Chapter’s Excellence Award for Inno- of frontage and 2,500 square feet of lot area for vation for Sustaining Places. Upon motion the Lot 1. document was received and filed. Section 2. That the Plat of Survey of Lot Addi- tion is hereby approved and the Mayor and City School Resource Officer Agreement: City Clerk are hereby authorized and directed to en-Manager recommending approval of the Fiscal dorse the approval of the City of Dubuque, Iowa Year 2010/2011 School Resource Officer agree- upon said Plat of Survey. ment between the City of Dubuque Police De- th Passed, approved and adopted this 18 day of partment and the Dubuque Community School October 2010. District. Upon motion the documents were re- Roy D. Buol, Mayor ceived, filed, and approved. Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West-North Siegert Final Plat – Westwood Heights No. 2: Zoning Farm Phase III – PCC Paving and Utilities Project: Advisory Commission recommending approval of City Manager recommending acceptance of the the Final Plat of Lot 1 and Lot 2 of Westwood Dubuque Industrial Center West-North Siegert Heights No. 2 in the County of Dubuque, Iowa. Farm Phase III – PCC Paving and Utilities Project, Upon motion the documents were received and as completed by Horsfield Construction, Inc., in filed and Resolution No. 397-10 Approving the the final contract amount of $693,058.70. Upon Final Plat of Lot 1 and Lot 2 of Westwood Heights motion the documents were received and filed and No. 2 in the County of Dubuque was adopted. Resolution No. 398-10 Accepting the Dubuque Industrial Center West-North Siegert Farm Phase RESOLUTION NO. 397-10 III – PCC Paving and Utilities Project and authoriz- APPROVING THE FINAL PLAT LOT 1 AND ing payment of the contract amount to the contrac- LOT 2 OF WESTWOOD HEIGHTS NO. 2 IN tor was adopted. THE COUNTY OF DUBUQUE, IOWA. RESOLUTION NO. 398-10 Whereas, there has been filed with the City ACCEPTING THE DUBUQUE INDUSTRIAL Clerk the Final Plat Lot 1 and Lot 2 of Westwood CENTER WEST – NORTH SIEGERT FARM, Heights No. 2 in the County of Dubuque, Iowa; PHASE III – PCC PAVING AND UTILITIES and AND AUTHORIZING THE PAYMENT OF THE Whereas, said Final Plat provides 0 feet of CONTRACT AMOUNT TO THE CONTRAC- frontage for Lot 2 on a public street or an approved TOR private street, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Whereas, the Public Improvement Contract for Ordinances, Unified Development Code; and the Dubuque Industrial Center West – North Sie- Whereas, said Final Plat has been examined gert Farm, Phase III – PCC Paving and Utilities by the Zoning Advisory Commission and had its (the Project) has been completed and the City approval endorsed thereon; and Engineer has examined the work and filed a certif- Whereas, said Final Plat has been examined icate stating that the Project has been completed by the City Council and they find that it conforms to according to the terms of the Public Improvement the statues and ordinances relating to it. Contract and that the City Engineer recommends NOW THEREFORE, BE IT RESOLVED BY that the Project be accepted. THE CITY COUNCIL OF THE CITY OF DUBU-NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- Section 1. That Section 11-14 of Title 16 of the QUE, IOWA: City of Dubuque Code of Ordinances, Unified Section 1. The recommendation of the City Development Code, is waived to allow 0 feet of Engineer is approved and the Project is hereby frontage on a public street or an approved private accepted. street for Lot 2. Section 2. The Finance Director is hereby di- Section 2. That the Final Plat Lot 1 and Lot 2 rected to pay to the Contractor from the Revitalize of Westwood Heights No. 2 is hereby approved Iowa’s Sound Economy Rise (RISE) Program and and the Mayor and City Clerk are hereby autho-General Obligation Bonds Proceeds (TIF-Abated) rized and directed to endorse the approval of the appropriations for the contract amount of City of Dubuque, Iowa upon said final plat. $693,058.70 less any retained percentage pro- 422 Regular Session, October 18, 2010 Book 140 vided for therein as provided in Iowa Code chapter Whereas, the City of Dubuque submitted an 573, and to pay such retainage only in accordance application (the "Application") to the Iowa Jobs with the provisions of Iowa Code chapter 573. board requesting assistance in financing for the th Passed, approved and adopted this 18 day of Lower Bee Branch Creek Restoration Project (the October, 2010. "Project"); and Roy D. Buol, Mayor Whereas, the Iowa Jobs Review Committee Attest: Jeanne F. Schneider, CMC, City Clerk reviewed the Application and the Iowa Jobs Board made a determination to award Grantee a grant CITY ENGINEER’S CERTIFICATE OF FINAL pursuant to the Iowa Jobs II Program; and COMPLETION OF THE DUBUQUE INDUS- Whereas, the Board, on September 19, 2010 TRIAL CENTER WEST – NORTH SIEGERT (the "Award Date"), voted to award a grant (the FARM, PHASE III – PCC PAVING AND UTIL- "Grant") of up to Three Million Nine Hundred Sixty ITIES Five Thousand Five Hundred Dollars (US $ The undersigned City Engineer of the City of 3,965,500) for the Project, subject to the terms and Dubuque, Iowa, hereby certifies that he has in-conditions set forth in the Grant Agreement (the spected the Dubuque Industrial Center West – "Agreement"); and North Siegert Farm, Phase III – PCC Paving and Whereas, it is in the best interest of the City to Utilities, that the Project has been performed in enter into the Agreement as required for the City’s compliance with the terms of the Public Improve-receipt of the grant funding. ment Contract, and that the total cost of the com-NOW THEREFORE, BE IT RESOLVED BY pleted work is $827,883.70. THE CITY COUNCIL OF THE CITY OF DUBU- th Dated this 13 day of October, 2010. QUE, IOWA: Gus Psihoyos, City Engineer The City Manager is authorized to execute th Filed in the office of the City Clerk on the 14 and deliver the Agreement and execute such oth- day of October, 2010. er documents as the Iowa Jobs Board or the Iowa Jeanne F. Schneider, CMC, City Clerk Finance Authority may reasonably require that are necessary to bind the City to the terms of the I-JOBS Agreement – Lower Bee Branch Agreement as required for the City’s receipt of $ Creek Restoration Project: City Manager recom-3,965,500 I-JOBS II grant funds for the Lower Bee mending approval of the I-JOBS Grant Agreement Branch Creek Restoration Project. th for the Lower Bee Branch Creek Restoration Passed, approved and adopted this 18 day of Project. Upon motion the documents were re-October, 2010. ceived and filed and Resolution No. 399-10 Autho-Roy D. Buol, Mayor rizing the execution of a Grant Agreement with the Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Jobs Board and the Iowa Finance Authority as required for the City’s receipt of $3,965,500 in National Mississippi River Museum and Aqua- State I-JOBS funding for the Lower Bee Branch rium Rivers Center Project – Phase II: This item Creek Restoration Project was adopted. was removed from the agenda. RESOLUTION NO. 399-10 Asbury Plaza No. 12: City Manager recom- AUTHORIZING THE EXECUTION OF A mending that the developer of Asbury Plaza No GRANT AGREEMENT WITH THE IOWA 12, Rubloff Development Group, Inc., be required JOBS BOARD AND THE IOWA FINANCE to install street lighting in 2010 and be given until AUTHORITY AS REQUIRED FOR THE July 1, 2011, to complete the public improvements CITY’S RECEIPT OF $3,965,500 IN STATE I- as required by the Resolution approving the Final JOBS FUNDING FOR THE LOWER BEE Plat. Upon motion the documents were received BRANCH CREEK RESTORATION and filed and Resolution No. 400-10 Amending PROJECT. Resolution No. 387-04 Approving the Final Plat of Whereas, in 1999, 2002, 2004, and 2010 Asbury Plaza No. 12 in the City of Dubuque, Iowa, heavy rains produced flood damage spurring was adopted. Presidential Disaster Declarations for Dubuque RESOLUTION NO. 400-10 County; and AMENDING RESOLUTION NO. 387-04 AP- Whereas, the Lower Bee Branch Creek Res- PROVING THE FINAL PLAT OF ASBURY toration Project has been identified as one of a PLAZA NO. 12 IN THE CITY OF DUBUQUE, series of projects to provide relief from property IOWA damage due to flooding to 1,150 residents in the City of Dubuque; and Whereas, on October 4, 2004, the City Council Whereas, the Iowa Legislature and the Gov-adopted Resolution No. 387-04 approving the final ernor of Iowa pursuant to 2010 Iowa Acts Senate plat of Asbury Plaza No. 12 in the City of Dubu- File 2389 (the "2010 Act") created the Iowa Jobs II que, Iowa; and program to assist in disaster prevention construc-Whereas, Section 3(e) of Resolution No. 387- tion projects; and 04 required the owner to construct certain public Book 140 Regular Session, October 18, 2010 423 improvements prior to two years from the date of Roy D. Buol, Mayor acceptance of the resolution; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the owner has requested an exten- sion of time in which to construct said improve-2010 Public Right-of-Way Sidewalk Repair ments; and Assessment Project: City Manager recommending Whereas, the City Council finds that it is in the approval of the final assessment schedule for the best interests of the City of Dubuque to grant an 2010 Public Right-of-Way Sidewalk Repair As- extension for the construction of said improve-sessment Project. Upon motion the documents ments. were received and filed and Resolution No. 402- NOW, THEREFORE, BE IT RESOLVED BY 10 Adopting the final assessment schedule for the THE CITY COUNCIL OF THE CITY OF DUBU-2010 Public Right-of-Way Sidewalk Repair As- QUE, IOWA: sessment Project was adopted. Section 1. Resolution No. 387-04, Section 3(e) RESOLUTION NO. 402-10 is hereby amended to read as follows: ADOPTING THE FINAL ASSESSMENT The owner agrees to construct said improve- st SCHEDULE FOR THE 2010 PUBLIC RIGHT- ments prior to the 1 day of July, 2011, at the sole OF-WAY SIDEWALK REPAIR ASSESS- expense of the owner or future owner. MENT PROJECT Section 2. All other requirements and obliga- tions of Resolution No. 387-04 shall remain in full NOW, THEREFORE, BE IT RESOLVED BY force and effect as provided therein. THE CITY COUNCIL OF THE CITY OF DUBU- th Passed, approved and adopted this 18 day of QUE, IOWA: October, 2010. After full consideration, the Final Schedule of Roy D. Buol, Mayor Assessments as shown on the attached sheet(s), Attest: Jeanne F. Schneider, CMC, City Clerk Page 1 to Page 1 inclusive; is hereby approved for the 2010 Public Right-of-Way Sidewalk Repair North Grandview Avenue and Rosedale Ave-Assessment Project. nue Storm Sewer Repair: City Manager recom-There is hereby assessed and levied as a mending approval of the emergency repairs of the special tax against and upon each of the benefited North Grandview Avenue and Rosedale Avenue properties, the respective sums indicated. The Storm Sewer Repair Project, and to solicit informal amounts shown in said Final Schedule of As- bids for the project through adoption of the at-sessments as deficiencies are found to be proper tached resolution. Upon motion the documents and levied conditionally against the respective were received and filed and Resolution No. 401-properties benefited by the improvements as 10 Authorizing emergency repairs to the storm shown in the Final Schedule of Assessments, sewer at North Grandview Avenue and Rosedale subject to the provisions of Iowa Code § 384.63. Avenue was adopted. Said assessments against said lots are hereby declared to be in proportion to the special benefits RESOLUTION NO. 401-10 conferred and not in excess of twenty-five percent AUTHORIZING EMERGENCY REPAIRS TO of the value of same. THE STORM SEWER AT NORTH GRAND- The City Clerk be and is hereby directed to VIEW AVENUE AND ROSEDALE AVENUE certify the Final Schedule of Assessments to the Whereas, the storm sewer west of the inter-County Treasurer of Dubuque County, Iowa, and section of North Grandview Avenue and Rosedale to publish notice of said certification once each Avenue has collapsed and has caused undermin-week for two consecutive weeks in the manner ing of the pavement and sidewalk areas; and provided in Iowa Code § 362.3, the first publication Whereas, the City Council finds that the condi-of which shall be not more than fifteen days from tion of the storm sewer is dangerous and consti-the date of filing of the Final Schedule of Assess- tutes an emergency and that an emergency repair ments. On or before the date of the second publi- of the storm sewer is necessary and the delay cation of the notice, the City Clerk shall also mail a might cause serious loss or injury to the city. copy of said notice to property owners whose NOW THEREFORE, BE IT RESOLVED BY property is subject to assessment, as provided in THE CITY COUNCIL OF THE CITY OF DUBU-Iowa Code § 384.60. QUE, IOWA: The assessments may be paid in full or in part Section 1. The City Council finds that it is ne-without interest at the office of the City Treasurer, th cessary to institute emergency proceedings to City Hall, 50 W. 13 Street, Dubuque, Iowa, at any repair the storm sewer west of the intersection of time within 30 days after the date of the first notice North Grandview Avenue and Rosedale Avenue. of the Final Schedule of Assessments. Thereafter, Section 2. In the interest of public safety, the unpaid assessments of $100.00 or more are pay- City Manager is hereby authorized to proceed with able in 10 annual installments at the County Trea- instituting such emergency repairs as provided by surer’s Office, Dubuque County Courthouse, 720 law. Central Avenue, Dubuque, Iowa, and will draw th Passed, adopted and approved this 18 day of annual interest at nine percent (9%) computed to October, 2010. December 1 next following the due dates of the 424 Regular Session, October 18, 2010 Book 140 respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will Termination of Lease – ABC Supply: City be delinquent from October 1 following its due Manager recommending approval of the termina- date on July 1 of each year. However, when the tion of the current lease with ABC Supply. Upon last day of September is a Saturday or Sunday, motion the documents were received, filed, and that amount shall be delinquent from the second approved. business day of October. Delinquent installments will draw the same delinquent interest as ordinary International Economic Development Council taxes. Property owners may elect to pay any an-(IEDC): Media release announcing that East Cen- nual installments semi-annually in advance. tral Intergovernmental Association received an th Passed, approved and adopted this 18 day of Excellence in Economic Development Award for AccessMyFuture.com – Find Your Road to October, 2010. their Success Roy D. Buol, Mayor in the category of Special Purpose Web- Attest: Jeanne F. Schneider, CMC, City Clerk site from the International Economic Development Council (IEDC). Upon motion the document was CITY OF DUBUQUE, IOWA received and filed. 2010 SIDEWALK REPAIR ASSESSMENTS FINAL SCHEDULE OF VALUATION AND Hillcrest Family Services Agreement: City PROPOSED ASSESSMENTS Manager recommending approval of an agree- DATE: October 5, 2010 ment with Hillcrest Family Services for the use of The following schedule is hereby determined Murphy Park from October 30th through January to show each lot proposed to be assessed for the 10th to set up a holiday light display. Upon motion improvement shown in the title together with the the documents were received, filed, and approved. amount proposed to be assessed against each lot and the valuations shown opposite each lot are Assistance to Firefighter Grant Application: hereby fixed as the true valuations of such lots by City Manager recommending approval of an As- the City Council of the City of Dubuque. sistance to Firefighter Grant Program application PROPERTY OWNER NAME, LOT DESCRIP- to the U.S. Department of Homeland Security for TION, PARCEL NUMBER, MAILING AD- public education, inspection and equipment fund- DRESS, CITY, STATE, ZIP, STREET AD- ing. Upon motion the documents were received, DRESS, VALUATION WITH IMPROVEMENT, filed, and approved. SIDEWALK ASSESSMENT, ADMINISTRA- TIVE FEE, TOTAL NET ASSESSMENT Delinquent Water, Sewer, Refuse and Storm Peteris, Hillary, Lot 4 South Ave Add, Water Collection Accounts: City Manager recom- 1036252012, 519 Southern Ave, Dubuque, IA mending approval of the submission of delinquent 52003, 519 Southern Ave, $79,160.00, $160.00, water, sewer, refuse and storm water collection $24.00, $184.00 accounts to the Dubuque County Treasurer. Upon Moore Management LLC, S 26.2' M 1/5 of City motion the documents were received and filed and Lot 478; N 19.81' of N 1/5 of S 2/5 City Lot 478, Resolution No. 403-10 Adopting the Schedule of 1024454003, 803 Grant Court, Maquoketa, IA Assessments for delinquent water, refuse, sewer 52060, 1134 Locust St., $107,700.00, $1,879.62, and storm water collection accounts and directing $274.44, $2,154.06 the Clerk to certify the schedule of assessments to Moore Management LLC, S 67/100' of a Foot the County Treasurer and to publish notice thereof of N 1/5 of S 2/5 and NM 1/5 of S 2/5 of City Lot was adopted. 478 , 1024454004, 803 Grant Court, Maquoketa, RESOLUTION NO. 403-10 IA 52060, 1132 Locust St., $74,900.00, $876.88, ADOPTING THE SCHEDULE OF ASSESS- $124.03, $1,000.91 MENTS FOR DELINQUENT WATER, SEW- David & Angela Duehr, S 40' 2-3 & THE S 5' N ER, REFUSE AND STORM WATER AC- 18' 2-3 Boxleiters Sub, 1026257003, 240 North COUNTS AND DIRECTING THE CITY Grandview Ave, Dubuque, IA 52001, 240 North CLERK TO CERTIFY THE SCHEDULE OF Grandview, $70,300.00, $575.00, $78.75, $653.75 ASSESSMENTS TO THE COUNTY TREA- Larry & Cheryl Conley, Lot 1-1-18 John King's SURER AND TO PUBLISH NOTICE THE- Dubuque, 1013377008, 2512 Broadway St., Du- REOF buque, IA 52001, 2512 Broadway St., $105,800.00, $1,394.00, $201.60, $1,595.60 NOW, THEREFORE, BE IT RESOLVED BY TOTAL: $5,588.32 THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Historic Millwork District Development: Com-That after full consideration of the Schedule of munication from Jill Connors, Gronen Restoration, Assessments attached hereto for delinquent wa- to Michael Brannon, President of the Dubuque ter, sewer, refuse, and storm water accounts Community School District, regarding the DCSD’s which Schedule of Assessments was filed in the Facilities Global Strategy. Upon motion the docu-office of the City Clerk on the 11th day of October, ment was received and filed. Book 140 Regular Session, October 18, 2010 425 2010, the said Schedule of Assessments be and Chris C. Clark, 2411 Rhomberg Ave., the same is hereby approved and adopted. 46.11 That there be, and is herby assessed and le-Chris J. Feldman, 1675 Amy Ct., 142.85 vied as a lien upon the real property, the respec-Christi A. Powers, 267 W 17th St., 60.24 tive sums indicated. Cindy's New You, 1626 Central Ave., Apt That the City Clerk be and is hereby directed 1, 412.94 to certify said schedule to the County Treasurer of Cindy's New You, 1626 Central Ave., Apt Dubuque County, Iowa, and to publish notice of 2, 794.78 said certification once each week for two consecu-CK Concrete Construction, LLC, 7869 tive weeks in the manner provided in Iowa Code § Commerce Park, 226.39 362.3, the first publication of which shall be not Corey E. Bonner, 1815 W 3rd St., 121.25 more than fifteen days from the date of filing of the Cory D. Schlitter, 4174 Peru Rd., 38.49 final schedule. On or before the date of the second D. W. Geiger, 2600 Central Ave., 488.97 publication of the notice, the City Clerk shall also DaVinci's LLC, 395 W 9th St., 323.35 mail a copy of said notice to property owners Dale P. Kleinschrodt, 421 Kaufmann Ave., whose property is subject to assessment, as pro-147.43 vided and directed in Iowa Code § 384.60. Dallas M. Kalmes, 1038 Bluff St., 243.56 The assessments may be paid in full or in part Daniel J. Pfeiffer, 510 Angella St., 192.75 th at the Utility Billing Office, City Hall, 50 W. 13 David A. & Cecilia J. Carner, 358 E 16th Street, Dubuque, Iowa, at any time within 30 days St., 263.29 after the date of the first publication of the notice of David A. Young, 1570 Central Ave., 371.60 the filing of the Schedule of Assessments with the David B. Welsh, 775 S Grandview Ave., County Treasurer. After 30 days, unpaid assess-130.88 ments are payable at the County Treasurer’s Of-Dawn M. Snider, 154 W 23rd St., 122.42 fice, Dubuque County Courthouse, 720 Central Deutsche Bank National, 2842 Burlington Avenue, Dubuque, Iowa, and charges shall be St., 187.27 collected in the same manner as general property Deutsche Bank National Trust, 475 Valeria taxes against the respective parcels of the proper-St., 379.94 ty set opposite the name of the property owner. Don D. Heim, 596 University Ave., 104.88 th Passed, approved and adopted this 18 day of Donna J. Beidler, 1000 Century Cr., 51.08 October, 2010. Doran R. & Berry, Shari L. Bush, 2925 Pi- Roy D. Buol, Mayor nard St., 90.38 Attest: Jeanne F. Schneider, CMC, City Clerk Doug Wolff, 2020 Rockdale Rd., 125.90 Gary A. Hansen, 2060 Ellen St., 198.55 Customer Name, Service Address, Balance Gary Bernhard, 1100 Roosevelt St., 138.62 3 GW, LLC, 2406 White St., 266.09 Gary Bernhard, 1110 Roosevelt St., 58.97 Advanced Custom Builders LLC, 3357 Ar-Gary E. & Susan M Bay, 1805 Jackson St., rowwood Ln., 79.25 199.22 Amber Cooper, 2702 Pinard St., 49.55 Greg B. Cray, 745 Davis St., 279.07 Amy L. & Micah J. Tuttle, 2945 Keokuk St., H & R Properties, 1586 Washington St., 315.60 141.81 Andrew M. Bartolotta, 904 W 5th St., Heath & Sara Hutchinson, 421 W 16th St., 383.99 62.64 Angie Grimes, 2695 Dove St., 159.68 Heath H. & Sara A. Hutchinson, 431 W Antonio G. Conley, 1104 Riverview St., 16th St 1st, 293.96 38.70 Heath Hutchinson, 431 W 16th St. 2nd, Auto & Truck Parts, Inc., 3000 Jackson St., 239.93 300.63 Henkel & Company, Inc., 1804 Central Barb J. Goodman, 1853 Carter Rd., 100.56 Ave., Apt 1, 53.29 Bill J. Finn, 2010 Shelby St., 82.06 Henkels & Company, Inc., 1812 Central Bryan R. Glanz, 2995 Hillcrest Rd., 166.07 Ave., Apt 3, 143.02 Callahan Construction Inc., 7720 Com-Ivan Divino Sr., 380 W Locust St., Apt 2, merce Park, #204, 15.86 77.21 Callahan Construction Inc., 7720 Com-J. Foht, 723 Peru Rd., 138.62 merce Park, #103, 21.51 Jacqueline C. Woodward, 2509 Roosevelt Callahan Construction Inc., 7760 Com-St., House, 190.65 merce Park, #103, 53.39 Jacqueline R. Krantz, 1040 Kelly Ln., Callahan Construction Inc., 7760 Com-102.90 merce Park, #104, 55.95 James & Suzanne Callahan, 2521 Windsor Callahan Construction Inc., 7760 Com-Ave., 240.54 merce Park, #102, 150.02 Jamie J. Miller, 2450 Merfeld Ln., 85.56 Chad J. Hagge, 800 W Locust St., 245.22 Jay C. Close, 689 W Locust St., 396.40 426 Regular Session, October 18, 2010 Book 140 Jeffrey J. Huseman, 2390 Theda Dr., Monte J Bruggeman, 2494 Hempstead St., 205.36 172.39 Jeffrey L. Fredericks, 1150 N Booth St., Nina K Nelson, 520 Lincoln Ave., 421.83 91.81 Nottingham Properties LLC, 1461 Bluff St., Jeffrey T. Smith, 1265 Thomas Pl., 145.54 43.57 Jerald Brown, 1612 Rosedale, 142.01 Nottingham Properties LLC, 443 Clark St., Jeramy Jackson, 2050 Ogilby Rd., 111.68 13.04 Jeremy D. Shireman, 2225 St Celia St., Pat F Naderman, 2124 Jackson St., 333.54 61.26 Patrick J Duggan, 2005 Simpson St., Jerod F. & Sarah A. Bennett, 750 Kelly Ln., 198.49 136.94 Patrick R Marsh, 158 Bluff St., 176.93 Jesse Rans, 2008 Foye St., 110.34 Perry D Sopina, 116 W 13th St. 1st Fl, Jessy A. Jones, 1525 Washington St., 36.87 292.21 Perry Sopina, 116 W 13th St. #2, 2nd Fl, Jim Prine, 1040 Davis Ave., 177.35 171.24 Jody & Jason P McCarty, 2170 Deborah Philip F. Schromen, 713 Peru Rd., 87.01 Dr, 261.88 Quattro C. Properties LLC, 2674 Raven Joe R. & Tonya R. Howe, 2422 University Oaks Dr., 84.13 Ave, 314.87 Radford Court Real Estate LLC, 4989 Rad- John H. White, 955 Jackson St., 198.12 ford Ct, 286.57 John R. Barbee, 3085 Oak View Ct, 288.23 Randy S. Weber, 535 S Grandview Ave., John R Nauman, 500 Primrose St., 83.17 343.19 John W. Fowler, 2770 Jackson St., 33.98 Rebecca A. Stover, 2875 Argyle St., John Walters Jr., 2840 Burlington St., 347.05 169.34 Ricky J. Hurst, 3975 Inwood Ave., 137.15 Jonathan Slaght, 3102 Asbury Rd, 38.75 Robert J. Sarazin, 2626 Broadway St., Josie M. Hagensten, 9 E 26th St., 148.29 257.21 Julie Leclere, 2489 Hempstead St., 171.92 Robert Tomkins, Jr., 491 Clark St., 254.62 Kenneth A. Ginter, 2662 Ogle St., 142.86 Ron Rudiger, 590 Angella St., 201.35 Kenneth E. Keller, 2054 Jackson St. # 2, Ronald C. Steuer, 3478 Kimberly Dr., 108.74 221.86 Kenneth E. Keller, 2054 Jackson St. # 1, Russell M. & Erin M. Tomkins, 1282 124.47 Langworthy St., 183.21 Kingdom Investment LLC, 500 Hill St., Ryan A. Neuhaus, 355 Kaufmann Ave., 84.86 497.55 Kress Industrial Facility LLC, Seippel Rd., Sandralee M. Scott, 599 W 8th St., 158.22 Commercial Park, 209.67 Sara J. Ludwig, 2260 Simpson St., 270.94 KZ Investments, LLC, 4840 Asbury Rd, Scotlyn Properties, 35 W 15th St., 1st, 215.96 96.43 Larry & Brenda Husemann, 131 E. 13th St Scotlyn Properties, 37 W 15th St., Apt 1, #3, 27.14 48.97 Larry Oglesby, 712 Hill St Apt 1, 321.82 Scotlyn Properties, 37 W 15th St., #3, Larry P. & Cheryl A. Conley, 2512 Broad-13.45 way St., 136.10 Scott A Runde, 35 W 15th St., Apt 1, 58.28 Laurie & David Vonah, 707 Lincoln Ave, Scott A Runde, 35 W 15th St., Apt 2, 58.16 291.69 Scott A Runde, 37 W 15th St., #2, 308.62 Lonnie L. Allen, 2565 Front St., 112.58 Scott Neuwoehner, 702 Caledonia St., Loras Boge Revocable Trust, 1901 Rock-165.05 dale Rd., 263.52 Sherrie L. Jones, 2790 Andrew Ct., 232.04 Marar, LLC, Cedar Cross Rd., 1,205.34 So. Fourth Pacific Rim Finance, 2225 Ker- Marie E. Gerhard, 16497 Middle Rd., per Blvd., 733.47 170.79 Steve A Sarazin, 1315 Finley St., 46.23 Mark Krolich, 743 Louise St., 166.41 Terry M. Kane, 2765 Andrew Ct., 147.39 Marshallese House of Praise, 2155 Rock-Thomas J. & Martha Blake, 357 Kaufmann dale Rd., 882.64 Ave., Apt 1, 14.29 Michael / Patricia Betts, 4955 Old Hwy Rd., Thomas J. & Martha Blake, 809 W 8th St., 66.57 87.81 Michael Kane, 2222 Washington St., Thomas J. & Martha Blake, 809 W 8th St., 135.22 #2, 195.19 Michael Lloyd, 2046 Morningview Rd., Thomas J. & Martha J. Blake, 2305 White 237.64 St., Apt 2, 102.48 Michelle Scott, 607 W 8th St., 115.41 Thomas J. & Martha J. Blake, 2214 Jack- son St., # 2, 424.98 Book 140 Regular Session, October 18, 2010 427 Thomas R. & Sherry L. Steinback, 16303 Storm Water Utility System, sometimes hereinafter Middle Rd., 111.71 referred to as the "System", and said revenues Timothy K. Manning, 1552 Locust St., have not been pledged and are available for the 138.66 payment of revenue Notes, subject to the following Toby Kress, 3020 N Cascade Rd., 129.09 premises; and Tom E. Connolly, 2900 Indiana Ave., Whereas, Issuer proposes to issue its Storm 222.07 Water Utility Revenue Capital Loan Notes, Series Tom J. Ede, 3951 Inwood Ave., 139.55 2010G, to the extent of $7,850,000, for the pur- Trisha L. Drake, 400 Kaufmann Ave., pose of defraying the costs of the Project as set 89.15 forth in Section 1 of this Resolution; and, it is Tri-State Property Management, 954 W 5th deemed necessary and advisable and in the best St., 43.12 interests of the City that the form of Loan and Dis- Tri-State Property Management, 529 Pick-bursement Agreement by and between the City ett St., 40.51 and the Iowa Finance Authority, be approved and Tri-State Property Management, 535 Pick-authorized; and ett St., 69.07 Whereas, in the resolution authorizing the is- Vicki L. Rako, 1017 Bluff St., 113.71 suance of the outstanding notes it is provided that Wayne & Allie Ross, 556 W 17th St., additional revenue notes may be issued on a pari- 387.67 ty with the outstanding notes or bonds, for the William Cook, 2227 Washington, 258.78 costs of future improvements and extensions to William Fay, 1285 Rockdale Rd., 105.92 the System, provided that there has been pro- William L. Delaney, 554 W Locust St., cured and placed on file with the City Clerk, a 214.35 statement complying with the conditions and limi- Kenny J. Birch, 1414 Washington St., tations therein imposed upon the issuance of said 103.28 parity notes or bonds; and Total: $28,591.76 Whereas, the Iowa Finance Authority, as the sole holder of the outstanding Storm Water Utility Storm Water Utility Revenue Capital Loan Revenue Capital Loan Notes, has agreed to waive Notes, Series 2010G: City Manager recommend-the requirement that a statement of an indepen- ing approval of the final proceedings providing for dent certified public accountant be placed on file in the issuance of $7,850,000 Storm Water Utility the office of the City Clerk prior to Closing, show- Revenue Capital Loan Notes, Series 2010G. ing the conditions and limitations of the resolution Upon motion the documents were received and authorizing the outstanding notes, with regard to filed and Resolution No. 404-10 Approving and the sufficiency of the revenues of the System to authorizing a form of Loan and Disbursement permit the issuance of additional revenue notes or Agreement by and between the City of Dubuque bonds ranking on a parity with the outstanding and the Iowa Finance Authority, and authorizing notes to have been met and satisfied as required; and providing for the issuance and securing the and payment of $7,850,000 Storm Water Utility Reve-Whereas, the notice of intention of Issuer to nue Capital Loan Notes, Series 2010G, of the City take action for the issuance of not to exceed of Dubuque, Iowa, under the provisions of the $10,100,000 Storm Water Utility Revenue Capital Code of Iowa, and providing for a method of pay-Loan Notes has heretofore been duly published ment of said Notes was adopted. and no objections to such proposed action have been filed. RESOLUTION NO. 404-10 NOW, THEREFORE, BE IT RESOLVED BY A RESOLUTION APPROVING AND AU- THE CITY COUNCIL OF THE CITY OF DUBU- THORIZING THE FORM OF LOAN AND QUE, IN THE COUNTY OF DUBUQUE, STATE DISBURSEMENT AGREEMENT BY AND OF IOWA: BETWEEN THE CITY OF DUBUQUE AND Section 1. Definitions. The following terms THE IOWA FINANCE AUTHORITY, AND shall have the following meanings in this Resolu- AUTHORIZING AND PROVIDING FOR THE tion unless the text expressly or by necessary ISSUANCE AND SECURING THE PAYMENT implication requires otherwise: OF $7,850,000 STORM WATER UTILITY  "Additional Notes" shall mean any REVENUE CAPITAL LOAN NOTES, SERIES storm water utility revenue notes or 2010G, OF THE CITY OF DUBUQUE, IOWA, notes issued on a parity with the UNDER THE PROVISIONS OF THE CODE Notes in accordance with the provi- OF IOWA, AND PROVIDING FOR A ME- sions of this Resolution. THOD OF PAYMENT OF SAID NOTES  "Agreement" shall mean the Loan Whereas, the City Council of the City of Dubu-and Disbursement Agreement, dated que, Iowa, sometimes hereinafter referred to as as of the Closing between the City the "Issuer", has heretofore established charges, and the Original Purchaser, relating rates and rentals for services which are and will to the Loan made to the City under continue to be collected as system revenues of the the Program. 428 Regular Session, October 18, 2010 Book 140  "Authorized Denominations" shall  "Notes" or "Note" shall mean mean $5,000 or any integral multiple $7,850,000 Storm Water Utility Reve- thereof. nue Capital Loan Notes, Series  "Clerk" shall mean the City Clerk or 2010G, authorized to be issued by such other officer of the successor this Resolution Governing Body as shall be charged  "Original Purchaser" shall mean with substantially the same duties the Iowa Finance Authority, as the and responsibilities. purchaser of the Notes from Issuer at  "Closing" shall mean the date of the time of their original issuance. delivery of the Note to the Original  "Outstanding Obligations" shall Purchaser and the funding of the mean the $998,000 Storm Water Utili- Loan by the Trustee. ty Revenue Capital Loan Notes, Se-  "Corporate Seal" shall mean the ries 2010B, dated January 13, 2010. official seal of Issuer adopted by the  "Parity Obligations" shall mean Governing Body. storm water notes or bonds payable  "Fiscal Year" shall mean the solely from the Net Revenues of the twelve-month period beginning on Ju-System on an equal basis with the ly l of each year and ending on the Notes herein authorized to be issued, last day of June of the following year, and shall include the Outstanding Ob- or any other consecutive twelve-ligations. month period adopted by the Govern- "Paying Agent" shall mean the City ing Body or by law as the official ac-Treasurer, or such successor as may counting period of the System. Re-be approved by Issuer as provided quirements of a Fiscal Year as ex-herein and who shall carry out the du- pressed in this Resolution shall ex-ties prescribed herein as Issuer's clude any payment of principal or in-agent to provide for the payment of terest falling due on the first day of principal of and interest on the Notes the Fiscal Year and include any pay-as the same shall become due. ment of principal or interest falling  "Permitted Investments" shall due on the first day of the succeeding mean: Fiscal Year. ■ direct obligations of (in-  "Governing Body" shall mean the cluding obligations issued or City Council of the City, or its succes-held in book entry form on sor in function with respect to the op-the books of) the Depart- eration and control of the System. ment of the Treasury of the  "Independent Auditor" shall mean United States of America; an independent firm of Certified Pub-■ obligations of any of the lic Accountants or the Auditor of following federal agencies State. which obligations represent  "Issuer" and "City" shall mean the full faith and credit of the City of Dubuque, Iowa. United States of America,  "Loan" shall mean the principal including: amount allocated by the Original Pur-– Export - Import Bank chaser to the City under the Program, – Farm Credit System Fi- equal in amount to the principal nancial Assistance Corpo- amount of the Notes; ration  "Net Revenues" shall mean gross – USDA - Rural Develop- earnings of the System after deduc-ment tion of Current Expenses; "Current – General Services Ad- Expenses" shall mean and include ministration the reasonable and necessary cost of – U.S. Maritime Adminis- operating, maintaining, repairing and tration insuring the System, including pur-– Small Business Admin- chases at wholesale, if any, salaries, istration wages, and costs of materials and – Government National supplies, but excluding depreciation Mortgage Association and principal of and interest on the (GNMA) Notes and any Parity Obligations or – U.S. Department of payments to the various funds estab-Housing & Urban Devel- lished herein; capital costs, deprecia-opment (PHA's) tion and interest or principal pay-– Federal Housing Admin- ments are not System expenses. istration Book 140 Regular Session, October 18, 2010 429 ■ repurchase agreements account or fund (the "es- whose underlying collateral crow"), in the highest rating consists of the investments category of S&P or Moody's set out above if the Issuer or any successors thereto; takes delivery of the colla-or (b)(i) which are fully se- teral either directly or cured as to principal and in- through an authorized cus-terest and redemption pre- todian. Repurchase agree-mium, if any, by an escrow ments do not include re-consisting only of cash or di- verse repurchase agree-rect obligations of the De- ments; partment of the Treasury of ■ senior debt obligations the United States of Ameri- rated "AAA" by Standard & ca, which escrow may be Poor's Corporation (S&P) or applied only to the payment "Aaa" by Moody's Investors of such principal of and in- Service Inc. (Moody's) is-terest and redemption pre- sued by the Federal National mium, if any, on such notes Mortgage Association or the or other obligations on the Federal Home Loan Mort-maturity date or dates the- gage Corporation; reof or the specified redemp- ■ U.S. dollar denominated tion date or dates pursuant deposit accounts, federal to such irrevocable instruc- funds and banker's accep-tions, as appropriate; and tances with domestic com-(ii) which escrow is suffi- mercial banks which have a cient, as verified by a na- rating on their short-term tionally recognized indepen- certificates of deposit on the dent certified public accoun- date of purchase of "A-1" or tant, to pay principal of and "A-1+" by S&P or "P-1" by interest and redemption Moody's and maturing no premium, if any, on the more than 360 days after the notes or other obligations date of purchase (ratings on described in this paragraph holding companies are not on the maturity date or dates considered as the rating of specified in the irrevocable the bank); instructions referred to ■ commercial paper which is above, as appropriate; rated at the time of purchase ■ tax exempt notes as de- in the single highest classifi-fined and permitted by sec- cation, "A-1+" by S&P or "P-tion 148 of the Internal Rev- 1" by Moody's and which enue Code and applicable matures not more than 270 regulations and only if rated days after the date of pur-within the two highest classi- chase; fications as established by at ■ investments in a money least one of the standard rat- market fund rated "AAAm" ing services approved by the or "AAAm-G" or better by superintendent of banking S&P; by rule adopted pursuant to ■ pre-refunded municipal chapter 17A Code of Iowa; obligations, defined as any ■ an investment contract notes or other obligations of rated within the two highest any state of the United classifications as estab- States of America or of any lished by at least one of the agency, instrumentality or standard rating services ap- local governmental unit of proved by the superinten- any such state which are not dent of banking by rule callable at the option of the adopted pursuant to chapter obligor prior to maturity or as 17A Code of Iowa; and to which irrevocable instruc-■ Iowa Public Agency In- tions have been given by the vestment Trust. obligor to call on the date  "Prior Note Resolution" shall mean specified in the notice; and Resolution No. 467-09, approved on (a) which are rated, based December 21, 2009, authorizing the on an irrevocable escrow 430 Regular Session, October 18, 2010 Book 140 Outstanding Obligations, issued in  "Yield Restricted" shall mean re- respect of such costs. quired to be invested at a yield that is  "Program" shall mean the Iowa not materially higher than the yield on Water Pollution Control Works Fi-the Notes under section 148(a) of the nancing Program undertaken by the Internal Revenue Code or regulations Original Purchaser. issued thereunder.  "Project" shall mean the costs of Section 2. Authority. The Agreement and the constructing storm water drainage Notes authorized by this Resolution shall be is- projects and improvements, including sued pursuant to Division V, Chapter 384 of the those costs associated with the Lower City Code of Iowa, and in compliance with all ap- Bee Branch Creek Restoration plicable provisions of the Constitution and laws of Project and the refinancing of a por-the State of Iowa. The Agreement shall be sub- tion of the $1,889,521 General Obli-stantially in the form attached to this Resolution gation Capital Loan Notes Anticipa-and are authorized to be executed and issued on tion Project Note, Series 2006, dated behalf of the Issuer by the Mayor and attested by December 28, 2006, issued in respect the City Clerk. of such costs. Section 3. Authorization and Purpose. There  "Project Fund" shall mean the Loan are hereby authorized to be issued, negotiable, Account maintained by the Trustee serial, fully registered Storm Water Utility Revenue under the Program for the benefit of Capital Loan Notes of Dubuque, in the County of the Issuer, into which the proceeds of Dubuque, State of Iowa, Series 2010G, in the the Loan and the Note shall be allo-aggregate amount of $7,850,000 for the purpose cated and held until disbursed to pay of paying costs of constructing storm water drai- Project costs. nage projects and improvements, including those  "Rebate Fund" shall mean the fund costs associated with the Lower Bee Branch so defined in and estab-Creek Restoration Project and the refinancing of a lished pursuant to the Tax portion of the $1,889,521 General Obligation Capi- Exemption Certificate. tal Loan Notes Anticipation Project Note, Series  "Registrar" shall mean the City 2006, dated December 28, 2006, issued in re- Treasurer or such successor as may spect of such costs. The City Council, pursuant to be approved by Issuer as provided Sections 384.24A and 384.84A of the Code of herein and who shall carry out the du-Iowa, hereby finds and determines that it is neces- ties prescribed herein with respect to sary and advisable to issue said Notes authorized maintaining a register of the owners by the Agreement and this Resolution. of the Notes. Unless otherwise speci-Section 4. Source of Payment. The Notes fied, the Registrar shall also act as herein authorized and Parity Notes and the inter- Transfer Agent for the Notes. est thereon shall be payable solely and only out of  "Resolution" shall mean this resolu-the net earnings of the System and shall be a lien tion authorizing the issuance on the future Net Revenues of the System. The of the Notes. Notes shall not be general obligations of the Issuer  "System" shall mean the Storm nor shall they be payable in any manner by taxa- Water Utility of the Issuer and all tion and the Issuer shall be in no manner liable by properties of every nature hereinafter reason of the failure of the said Net Revenues to owned by the Issuer comprising part be sufficient for the payment of the Notes. of or used as a part of the System, Section 5. Note Details. Storm Water Utility including all improvements and ex-Revenue Capital Loan Notes, Series 2010G, of tensions made by Issuer while any of the City in the amount of $7,850,000, shall be the Notes or Parity Notes remain out-issued to evidence the obligations of the Issuer standing; all real and personal prop-under the Agreement pursuant to the provisions of erty; and all appurtenances, con-Sections 384.24A and 384.84A of the Code of tracts, leases, franchises and other Iowa for the aforesaid purpose. The Notes shall be intangibles. designated "STORM WATER UTILITY REVE-  "Tax Exemption Certificate" shall NUE CAPITAL LOAN NOTE, SERIES 2010G", mean the Tax Exemption Certificate be dated the date of delivery, and bear interest at executed by the Treasurer and deli-the rate of 3.0% per annum from the date of each vered at the time of issuance and de-advancement made under the Agreement, until livery of the Notes. payment thereof, at the office of the Paying Agent,  "Treasurer" shall mean the City said interest payable on December 1, 2010, and Treasurer or such other officer as semi-annually thereafter on the 1st day of June shall succeed to the same duties and and December in each year until maturity as set responsibilities with respect to the re-forth on the Debt Service Schedules attached to cording and payment of the Notes is-the Agreement as Exhibit A and incorporated sued hereunder. herein by this reference. As set forth on said Debt Book 140 Regular Session, October 18, 2010 431 Service Schedule, principal shall be payable on ship of the Notes, and in no other June 1, 2012 and annually thereafter on the 1st way. The Treasurer is hereby day of June in the amounts set forth therein until appointed as Note Registrar un- principal and interest are fully paid, except that the der the terms of this Resolution. final installment of the entire balance of principal Registrar shall maintain the and interest, if not sooner paid, shall become due books of the Issuer for the regis- and payable on June 1, 2041. Notwithstanding the tration of ownership of the Notes foregoing or any other provision hereof, principal for the payment of principal of and interest shall be payable as shown on said and interest on the Notes as pro- Debt Service Schedule until completion of the vided in this Resolution. All Project, at which time the final Debt Service Sche-Notes shall be negotiable as pro- dule shall be determined by the Trustee based vided in Article 8 of the Uniform upon actual advancements, final costs and com-Commercial Code subject to the pletion of the Project, all as provided in the admin-provisions for registration and istrative rules governing the Program. Payment of transfer contained in the Notes principal and interest on the Notes shall at all times and in this Resolution. conform to said Debt Service Schedule and the (b) Transfer. The ownership rules of the Program. of any Note may be transferred The Notes shall be executed by the manual or only upon the Registration Books facsimile signature of the Mayor and attested by kept for the registration and the manual or facsimile signature of the Clerk, and transfer of Notes and only upon impressed or imprinted with the seal of the City surrender thereof at the office of and shall be fully registered as to both principal the Registrar together with an and interest as provided in this Resolution; prin-assignment duly executed by the cipal, interest and premium, if any, shall be paya-holder or his duly authorized at- ble at the office of the Paying Agent by mailing of a torney in fact in such form as check, wire transfer or automated clearing house shall be satisfactory to the Regi- system transfer to the registered owner of the strar, along with the address and Note. The Notes shall be in the denomination of social security number or federal $1,000 or multiples thereof and may at the request employer identification number of of the Original Purchaser be initially issued as a such transferee (or, if registration single Note in the denomination of $7,850,000 is to be made in the name of numbered R-1. multiple individuals, of all such Section 6. Initiation Fee and Servicing transferees). In the event that the Fee. In addition to the payment of principal of and address of the registered owner interest on the Notes, the Issuer also agrees to of a Note (other than a registered pay the Initiation Fee and the Servicing Fee as owner which is the nominee of defined and in accordance with the terms of the the broker or dealer in question) Agreement. is that of a broker or dealer, there Section 7. Redemption. The Notes are subject must be disclosed on the Regis- to optional redemption at a price of par plus ac-tration Books the information per- crued interest (i) on any date upon receipt of writ-taining to the registered owner ten consent of the Original Purchaser or (ii) in the required above. Upon the trans- event that all or substantially all of the Project is fer of any such Note, a new fully damaged or destroyed. Any optional redemption registered Note, of any denomi- of the Notes may be made from any funds regard-nation or denominations permit- less of source, in whole or from time to time in ted by this Resolution in aggre- part, in inverse order of maturity, by giving not less gate principal amount equal to than thirty (30) days notice of redemption by certi-the unmatured and unredeemed fied or registered mail to the Original Purchaser (or principal amount of such trans- any other registered owner of the Note). The terms ferred fully registered Note, and of redemption shall be par, plus accrued interest to bearing interest at the same rate date of call. The Notes are also subject to manda-and maturing on the same date tory redemption as set forth in Section 5 of the or dates shall be delivered by the Agreement. Registrar. Section 8. Registration of Notes; Appointment (c) Registration of Trans- of Registrar; Transfer; Ownership; Delivery; and ferred Notes. In all cases of the Cancellation. transfer of the Notes, the Regi- (a) Registration. The owner-strar shall register, at the earliest ship of Notes may be transferred practicable time, on the Registra- only by the making of an entry tion Books, the Notes, in accor- upon the books kept for the reg-dance with the provisions of this istration and transfer of owner-Resolution. 432 Regular Session, October 18, 2010 Book 140 (d) Ownership. As to any months following the date on Note, the person in whose name which such interest or principal the ownership of the same shall became due, whether at maturi- be registered on the Registration ty, or at the date fixed for re- Books of the Registrar shall be demption thereof, or otherwise, deemed and regarded as the ab-at which time the Paying Agent, solute owner thereof for all pur-shall surrender any remaining poses, and payment of or on ac-funds so held to the Issuer, whe- count of the principal of any such reupon any claim under this Notes and the premium, if any, Resolution by the Owners of and interest thereon shall be such interest or Notes of what- made only to or upon the order of ever nature shall be made upon the registered owner thereof or the Issuer. his legal representative. All such Section 9. Reissuance of Mutilated, De- payments shall be valid and ef-stroyed, Stolen or Lost Notes. In case any out- fectual to satisfy and discharge standing Note shall become mutilated or be de- the liability upon such Note, in-stroyed, stolen or lost, the Issuer shall at the re- cluding the interest thereon, to quest of Registrar authenticate and deliver a new the extent of the sum or sums so Note of like tenor and amount as the Note so muti- paid. lated, destroyed, stolen or lost, in exchange and (e) Cancellation. All Notes substitution for such mutilated Note to Registrar, which have been redeemed shall upon surrender of such mutilated Note, or in lieu of not be reissued but shall be can-and substitution for the Note destroyed, stolen or celled by the Registrar. All Notes lost, upon filing with the Registrar evidence satis- which are cancelled by the Regi-factory to the Registrar and Issuer that such Note strar shall be destroyed and a has been destroyed, stolen or lost and proof of Certificate of the destruction the-ownership thereof, and upon furnishing the Regi- reof shall be furnished promptly strar and Issuer with satisfactory indemnity and to the Issuer; provided that if the complying with such other reasonable regulations Issuer shall so direct, the Regi-as the Issuer or its agent may prescribe and pay- strar shall forward the cancelled ing such expenses as the Issuer may incur in con- Notes to the Issuer. nection therewith. (f) Non-Presentment of Section 10. Record Date. Payments of prin- Notes. In the event any payment cipal and interest, otherwise than upon full re- check representing payment of demption, made in respect of any Note, shall be principal of or interest on the made to the registered holder thereof or to their Notes is returned to the Paying designated Agent as the same appear on the Agent or if any note is not pre-books of the Registrar on the 15th day of the sented for payment of principal at month preceding the payment date. All such pay- the maturity or redemption date, ments shall fully discharge the obligations of the if funds sufficient to pay such Issuer in respect of such Notes to the extent of the principal of or interest on Notes payments so made. shall have been made available Section 11. Execution, Authentication and De- to the Paying Agent for the bene-livery of the Notes. Upon the adoption of this fit of the owner thereof, all liability Resolution, the Mayor and City Clerk shall execute of the Issuer to the owner thereof and deliver the Notes to the Registrar, who shall for such interest or payment of authenticate the Notes and deliver the same to or such Notes shall forthwith cease, upon order of the Original Purchaser. No Note terminate and be completely dis-shall be valid or obligatory for any purpose or shall charged, and thereupon it shall be entitled to any right or benefit hereunder unless be the duty of the Paying Agent the Registrar shall duly endorse and execute on to hold such funds, without liabili-such Note a Certificate of Authentication substan- ty for interest thereon, for the tially in the form of the Certificate herein set forth. benefit of the owner of such Such Certificate upon any Note executed on be- Notes who shall thereafter be re-half of the Issuer shall be conclusive evidence that stricted exclusively to such funds the Note so authenticated has been duly issued for any claim of whatever nature under this Resolution and that the holder thereof is on his part under this Resolution entitled to the benefits of this Resolution. or on, or with respect to, such in-Section 12. Right to Name Substitute Paying terest or Notes. The Paying Agent or Registrar. Issuer reserves the right to Agent's obligation to hold such name a substitute, successor Registrar or Paying funds shall continue for a period Agent upon giving prompt written notice to each equal to two years and six registered noteholder. Book 140 Regular Session, October 18, 2010 433 Section 13. Form of Note. Notes shall be nue Fund"), and shall be disbursed only as fol- printed in substantial compliance with standards lows: proposed by the American Standards Institute (a) Operation and Maintenance Fund. Money substantially in the form as [provided]. in the Revenue Fund shall first be disbursed to Section 14. Equality of Lien. The timely pay-make deposits into a separate and special fund to ment of principal of and interest on the Notes and pay current expenses. The fund shall be known as Parity Notes shall be secured equally and ratably the Storm Water Utility Revenue Operation and by the Net Revenues of the System without priority Maintenance Fund (the "Operation and Mainten- by reason of number or time of sale or delivery; ance Fund"). There shall be deposited in the Op- and the Net Revenues of the System are hereby eration and Maintenance Fund each month an irrevocably pledged to the timely payment of both amount sufficient to meet the current expenses of principal and interest as the same become due. the month plus an amount equal to 1/12th of ex- Section 15. Application of Note Proceeds - penses payable on an annual basis such as in- Project Fund. Proceeds of the Notes shall be ap-surance. After the first day of the month, further plied as follows: deposits may be made to this account from the An amount equal to the Initiation Fee and oth-Revenue Fund to the extent necessary to pay er costs of issuance of the Notes shall be applied current expenses accrued and payable to the to pay such costs as may be approved by the extent that funds are not available in the Surplus Treasurer. Fund. The balance of the proceeds shall be depo-(b) Sinking Fund. Money in the Revenue Fund sited to the Project Fund and expended therefrom shall next be disbursed to make deposits into a for the purposes of issuance. separate and special fund to pay the principal and Any amounts on hand in the Project Fund interest requirements of the Fiscal Year on the shall be available for the payment of the principal Notes and Parity Notes. The fund shall be known of or interest on the Notes at any time that other as the Storm Water Utility Revenue Capital Loan funds of the System shall be insufficient to the Note and Interest Sinking Fund (the "Sinking purpose, in which event such funds shall be repaid Fund"). The required amount to be deposited in to the Project Fund at the earliest opportunity. Any the Sinking Fund in any month shall be the equal balance on hand in the Project Fund and not im-monthly amount necessary to pay in full the in- mediately required for its purposes may be in-stallment of interest coming due on the next inter- vested not inconsistent with limitations provided by est payment date on the then outstanding Notes law, the Internal Revenue Code and this Resolu-and Parity Notes plus the equal monthly amount tion. Any excess proceeds remaining on hand necessary to pay in full the installment of principal after completion of the purpose of issuance shall coming due on such Notes on the next succeed- be paid into the Improvement Fund to the maxi-ing principal payment date until the full amount of mum required amounts and any remaining such installment is on hand. If for any reason the amounts shall be used to call or otherwise retire amount on hand in the Sinking Fund exceeds the Notes. required amount, the excess shall forthwith be Section 16. User Rates. There has heretofore withdrawn and paid into the Revenue Fund. Mon- been established and published as required by ey in the Sinking Fund shall be used solely for the law, just and equitable rates or charges for the use purpose of paying principal of and interest on the of the service rendered by the System. Said rates Notes and Parity Notes as the same shall become or charges to be paid by the owner of each and due and payable. every lot, parcel of real estate, or building that is (c) Subordinate Obligations. Money in the connected with and uses the System, by or Revenue Fund may next be used to pay principal through any part of the System or that in any way of and interest on (including reasonable reserves uses or is served by the System. therefor) any other obligations which by their terms Any revenues paid and collected for the use of shall be payable from the revenues of the System, the System and its services by the Issuer or any but subordinate to the Notes and Parity Notes, and department, agency or instrumentality of the Issu-which have been issued for the purposes of ex- er shall be used and accounted for in the same tensions and improvements to the System or to manner as any other revenues derived from the retire the Notes or Parity Notes in advance of ma- operations of the System. turity, or to pay for extraordinary repairs or re- Section 17. Application of Revenues. From placements to the System. and after the delivery of any Notes, and as long as (d) Surplus Revenue. All money thereafter re- any of the Notes or Parity Notes shall be outstand-maining in the Revenue Fund at the close of each ing and unpaid either as to principal or as to inter-month may be deposited in any of the funds est, or until all of the Notes and Parity Notes then created by this Resolution, may be used to pay for outstanding shall have been discharged and satis-extraordinary repairs or replacements to the Sys- fied in the manner provided in this Resolution, the tem, or may be used to pay or redeem the Notes entire income and revenues of the System shall or Parity Notes any of them, or for any lawful pur- be deposited as collected in a fund to be known as pose. the Storm Water Utility Revenue Fund (the "Reve- 434 Regular Session, October 18, 2010 Book 140 Money in the Revenue Fund shall be allotted continuously secured in compliance with the State and paid into the various funds and accounts he-Sinking Fund provided under Iowa Code chapter reinbefore referred to in the order in which said 12C, or otherwise by a valid pledge of direct obli- funds are listed, on a cumulative basis on the 10th gations of the United States Government having day of each month, or on the next succeeding an equivalent market value. All investments shall business day when the 10th shall not be a busi-mature before the date on which the moneys are ness day; and if in any month the money in the required for the purposes for which the fund was Revenue Fund shall be insufficient to deposit or created or otherwise as herein provided. The pro- transfer the required amount in any of said funds visions of this Section shall not be construed to or accounts, the deficiency shall be made up in the require the Issuer to maintain separate accounts following month or months after payments into all for the funds created by this Section. funds and accounts enjoying a prior claim to the All income derived from such investments revenues shall have been met in full. shall be deposited in the Revenue Fund and shall Section 18. Outstanding Obligations. The pro-be regarded as revenues of the System except visions in the Prior Note Resolution, whereby there earnings on investments of the Project Fund shall was created and is to be maintained a Storm Wa-be deposited in and expended from the Project ter Utility Revenue Note Principal and Interest Fund. Investments shall at any time necessary be Sinking Fund ("Sinking Fund"), and for the monthly liquidated and the proceeds thereof applied to the payment into said fund from the future Net Reve-purpose for which the respective fund was nues of the System such portion thereof as will be created. sufficient to meet the principal and interest of the Section 20. Covenants Regarding the Opera- Outstanding Obligations, and maintaining a re-tion of the System. The Issuer hereby covenants serve therefor, are hereby ratified and confirmed, and agrees with each and every holder of the and all such provisions inure to and constitute the Notes and Parity Notes: security for the payment of the principal and inter-(a) Maintenance and Efficiency. The Issuer will est on Notes hereby authorized to be issued; pro-maintain the System in good condition and oper- vided, however, that the amounts to be set aside ate it in an efficient manner and at reasonable and paid into the Sinking Fund in equal monthly cost. installments from the earnings shall be sufficient to (b) Sufficiency of Rates. On or before the be- pay the principal and interest due each year, not ginning of each Fiscal Year the Governing Body only on the Outstanding Obligations, but also the will adopt or continue in effect rates for all services principal and interest of the Notes herein autho-rendered by the System determined to be suffi- rized to be issued and to maintain a reserve there-cient to produce Net Revenues for the next suc- for. Except as may be otherwise provided in the ceeding Fiscal Year adequate to pay principal and above Prior Note Resolution, proceeds of the interest requirements and create reserves as pro- Notes or other funds may be invested in Permitted vided in this Resolution but not less than 110% Investments. percent of the principal and interest requirements Nothing in this Resolution shall be construed of the Fiscal Year. No free use of the System by to impair the rights vested in the Outstanding Obli-the Issuer or any department, agency or instru- gations. The amounts herein required to be paid mentality of the Issuer shall be permitted except into the various funds named in this Section shall upon the determination of the Governing Body that be inclusive of payments required in respect to the the rates and changes otherwise in effect are suf- Outstanding Obligations. The provisions of the ficient to provide Net Revenues at least equal to legislation authorizing the Outstanding Obligations the requirements of this subsection. and the provisions of this Resolution are to be (c) Insurance. The Issuer shall maintain insur- construed wherever possible so that the same will ance for the benefit of the noteholders on the in- not be in conflict. In the event such construction is surable portions of the System of a kind and in an not possible, the provisions of the resolution first amount which normally would be carried by pri- adopted shall prevail until such time as the notes vate companies engaged in a similar kind of busi- or bonds authorized by said resolution have been ness. The proceeds of any insurance, except pub- paid in full or otherwise satisfied as therein pro-lic liability insurance, shall be used to repair or vided at which time the provisions of this Resolu-replace the part or parts of the System damaged tion shall again prevail. or destroyed. Section 19. Investments. Moneys on hand in (d) Accounting and Audits. The Issuer will the Project Fund and all of the funds provided by cause to be kept proper books and accounts this Resolution may be invested only in Permitted adapted to the System and in accordance with Investments or deposited in financial institutions generally accepted accounting practices, and will which are members of the Federal Deposit Insur-diligently act to cause the books and accounts to ance Corporation, or its equivalent successor, and be audited annually and reported upon not later the deposits of which are insured thereby and all than 180 days after the end of each Fiscal Year by such deposits exceeding the maximum amount an Independent Auditor and will provide copies of insured from time to time by FDIC or its equivalent the audit report to the holders of any of the Notes successor in any one financial institution shall be and Parity Notes upon request. The holders of any Book 140 Regular Session, October 18, 2010 435 of the Notes and Parity Notes shall have at all or claim on the property or revenues of the System reasonable times the right to inspect the System having priority over the Notes or Parity Notes. and the records, accounts and data of the Issuer Additional Notes may be issued on a parity relating thereto. and equality of rank with the Notes with respect to (e) State Laws. The Issuer will faithfully and the lien and claim of such Additional Notes to the punctually perform all duties with reference to the revenues of the System and the money on deposit System required by the Constitution and laws of in the funds adopted by this Resolution, for the the State of Iowa, including the making and col-following purposes and under the following condi- lecting of reasonable and sufficient rates for ser-tions, but not otherwise: vices rendered by the System as above provided, (a) For the purpose of refunding any of the and will segregate the revenues of the System Notes or Parity Notes which shall have matured or and apply said revenues to the funds specified in which shall mature not later than three months this Resolution. after the date of delivery of such refunding Notes (f) Property. The Issuer will not sell, lease, and for the payment of which there shall be insuffi- mortgage or in any manner dispose of the Sys-cient money in the Sinking Fund; tem, or any capital part thereof, including any and (b) For the purpose of refunding any Notes, all extensions and additions that may be made Parity Notes or general obligation notes outstand- thereto, until satisfaction and discharge of all of the ing, or making extensions, additions, improve- Notes and Parity Notes shall have been provided ments or replacements to the System, if all of the for in the manner provided in this Resolution; pro-following conditions shall have been met: vided, however, that this covenant shall not be (i) before any such Additional Notes ranking construed to prevent the disposal by the Issuer of on a parity are issued, there will have been pro- property which in the judgment of its Governing cured and filed with the Clerk, a statement of an Body has become inexpedient or unprofitable to Independent Auditor not a regular employee of the use in connection with the System, or if it is to the Issuer, reciting the opinion based upon necessary advantage of the System that other property of investigations that the Net Revenues of the Sys- equal or higher value be substituted therefor, and tem for the preceding Fiscal Year (with adjust- provided further that the proceeds of the disposi-ments as hereinafter provided) were equal to at tion of such property shall be placed in a revolving least 1.10 times the maximum amount that will be fund and used in preference to other sources for required in any Fiscal Year prior to the longest capital improvements to the System. Any such maturity of any of the Notes or Parity Notes for proceeds of the disposition of property acquired both principal of and interest on all Notes or Parity with the proceeds of the Notes or Parity Notes Notes then outstanding which are payable from shall not be used to pay principal or interest on the the net earnings of the System and the Additional Notes and Parity Notes or for payments into the Notes then proposed to be issued. Sinking Funds. For the purpose of determining the Net Reve- (g) Fidelity Note. The Issuer shall maintain fi-nues of the System for the preceding Fiscal Year delity note coverage in amounts which normally as aforesaid, the amount of the gross revenues for would be carried by private companies engaged in such year may be adjusted by an Independent a similar kind of business on each officer or em-Auditor, not a regular employee of the Issuer, so ployee having custody of funds of the System. as to reflect any changes in the amount of such (h) Budget. The Governing Body of the Issuer revenues which would have resulted had any shall approve and conduct operations pursuant to revision of the schedule of rates or charges im- a system budget of revenues and current ex-posed at or prior to the time of the issuance of any penses for each Fiscal Year. Such budget shall such Additional Notes been in effect during all of take into account revenues and current expenses such preceding Fiscal Year. during the current and last preceding Fiscal Years. (ii) the Additional Notes must be payable as to Copies of such budget and any amendments the-principal and as to interest on the same month and reto shall be provided to the holders of any of the day as the Notes herein authorized. Notes upon request. (iii) for the purposes of this Section, principal Section 21. Remedies of Noteholders. Except and interest falling due on the first day of a Fiscal as herein expressly limited the holder or holders of Year shall be deemed a requirement of the imme- the Notes and Parity Notes shall have and pos-diately preceding Fiscal Year. sess all the rights of action and remedies afforded (iv) for the purposes of this Section, general by the common law, the Constitution and statutes obligation capital loan notes shall be refunded only of the State of Iowa, and of the United States of upon a finding of necessity by the Governing Body America, for the enforcement of payment of their and only to the extent the general obligation capi- Notes and interest thereon, and of the pledge of tal loan notes were issued or the proceeds of them the revenues made hereunder, and of all cove-were expended for the System. nants of the Issuer hereunder. (v) for purposes of this Section, "preceding Section 22. Prior Lien and Parity Notes. The Fiscal Year" shall be the most recently completed Issuer will issue no other Notes or obligations of Fiscal Year for which audited financial statements any kind or nature payable from or enjoying a lien prepared by a certified public accountant are is- 436 Regular Session, October 18, 2010 Book 140 sued and available, but in no event a Fiscal Year under the provisions of Section 142(a) of the Inter- which ended more than eighteen months prior to nal Revenue Code of the United States, related the date of issuance of the Additional Notes. statutes and regulations. Section 23. Disposition of Note Proceeds; Ar-Section 24. Additional Covenants, Represen- bitrage Not Permitted. The Issuer reasonably ex-tations and Warranties of the Issuer. The Issuer pects and covenants that no use will be made of certifies and covenants with the purchasers and the proceeds from the issuance and sale of the holders of the Notes from time to time outstanding Notes issued hereunder which will cause any of that the Issuer through its officers, (a) will make the Notes to be classified as arbitrage bonds with-such further specific covenants, representations in the meaning of Section 148(a) and (b) of the and assurances as may be necessary or advisa- Internal Revenue Code of the United States, and ble; (b) comply with all representations, covenants that throughout the term of said Notes it will comp-and assurances contained in the Tax Exemption ly with the requirements of said statute and regula-Certificate, which Tax Exemption Certificate shall tions issued thereunder. constitute a part of the contract between the Issuer To the best knowledge and belief of the Issuer, and the owners of the Notes; (c) consult with bond there are no facts or circumstances that would counsel (as defined in the Tax Exemption Certifi- materially change the foregoing statements or the cate); (d) pay to the United States, as necessary, conclusion that it is not expected that the proceeds such sums of money representing required re- of the Notes will be used in a manner that would bates of excess arbitrage profits relating to the cause the Notes to be arbitrage bonds. Without Notes; (e) file such forms, statements and support- limiting the generality of the foregoing, the Issuer ing documents as may be required and in a timely hereby agrees to comply with the provisions of the manner; and (f) if deemed necessary or advisable Tax Exemption Certificate and the provisions of by its officers, to employ and pay fiscal agents, the Tax Exemption Certificate are hereby incorpo-financial advisors, attorneys and other persons to rated by reference as part of this Resolution. The assist the Issuer in such compliance. Treasurer is hereby directed to make and insert all Section 25. Amendment of Resolution to calculations and determinations necessary to Maintain Tax Exemption. This Resolution may be complete the Tax Exemption Certificate in all re-amended without the consent of any owner of the spects and to execute and deliver the Tax Exemp-Notes if, in the opinion of bond counsel, such tion Certificate at issuance of the Notes to certify amendment is necessary to maintain tax exemp- as to the reasonable expectations and covenants tion with respect to the Notes under applicable of the Issuer at that date. Federal law or regulations. The Issuer covenants that it will treat as Yield Section 26. Discharge and Satisfaction of Restricted any proceeds of the Notes remaining Notes. The covenants, liens and pledges entered unexpended after three years from the issuance into, created or imposed pursuant to this Resolu- and any other funds required by the Tax Exemp-tion may be fully discharged and satisfied with tion Certificate to be so treated. If any investments respect to the Notes and Parity Notes, or any of are held with respect to the Notes and Parity them, in any one or more of the following ways: Notes, the Issuer shall treat the same for the pur-(a) By paying the Notes or Parity Notes when pose of restricted yield as held in proportion to the the same shall become due and payable; and original principal amounts of each issue. (b) By depositing in trust with the Treasurer, or The Issuer covenants that it will exceed any with a corporate trustee designated by the Go- investment yield restriction provided in this Resolu-verning Body for the payment of said obligations tion only in the event that it shall first obtain an and irrevocably appropriated exclusively to that opinion of recognized bond counsel that the pro-purpose an amount in cash or direct obligations of posed investment action will not cause the Notes the United States the maturities and income of to be classified as arbitrage bonds under Section which shall be sufficient to retire at maturity, or by 148(a) and (b) of the Internal Revenue Code or redemption prior to maturity on a designated date regulations issued thereunder. upon which said obligations may be redeemed, all The Issuer covenants that it will proceed with of such obligations outstanding at the time, to- due diligence to spend the proceeds of the Notes gether with the interest thereon to maturity or to for the purpose set forth in this Resolution. The the designated redemption date, premiums there- Issuer further covenants that it will make no on, if any that may be payable on the redemption change in the use of the proceeds available for the of the same; provided that proper notice of re- construction of facilities or change in the use of demption of all such obligations to be redeemed any portion of the facilities constructed therefrom shall have been previously published or provisions by persons other than the Issuer or the general shall have been made for such publication. public unless it has obtained an opinion of bond Upon such payment or deposit of money or counsel or a revenue ruling that the proposed securities, or both, in the amount and manner project or use will not be of such character as to provided by this Section, all liability of the Issuer cause interest on any of the Notes not to be ex-with respect to the Notes or Parity Notes shall empt from federal income taxes in the hands of cease, determine and be completely discharged, holders other than substantial users of the project, and the holders thereof shall be entitled only to Book 140 Regular Session, October 18, 2010 437 payment out of the money or securities so depo-(b) Materially affect the rights of the holders of sited. less than all of the Notes and Parity Notes then Section 27. Resolution a Contract. The provi-outstanding; and sions of this Resolution shall constitute a contract (c) Reduce the percentage of the principal between the Issuer and the holder or holders of amount of Notes, the consent of the holders of the Notes and Parity Notes, and after the issuance which is required to effect a further amendment. of any of the Notes no change, variation or altera-Whenever the Issuer shall propose to amend tion of any kind in the provisions of this Resolution this Resolution under the provisions of this Sec- shall be made in any manner, except as provided tion, it shall cause notice of the proposed amend- in the next succeeding Section, until such time as ment to be filed with the Original Purchaser and to all of the Notes and Parity Notes, and interest due be mailed by certified mail to each registered thereon, shall have been satisfied and discharged owner of any Notes as shown by the records of as provided in this Resolution. the Registrar. Such notice shall set forth the nature Section 28. Amendment of Resolution Without of the proposed amendment and shall state that a Consent. The Issuer may, without the consent of copy of the proposed amendatory Resolution is on or notice to any of the holders of the Notes and file in the office of the City Clerk. Parity Notes, amend or supplement this Resolu-Whenever at any time within one year from the tion for any one or more of the following purposes: date of the mailing of said notice there shall be (a) to cure any ambiguity, defect, omission or filed with the City Clerk an instrument or instru- inconsistent provision in this Resolution or in the ments executed by the holders of at least two- Notes or Parity Notes; or to comply with any appli-thirds in aggregate principal amount of the Notes cation provision of law or regulation of federal or then outstanding as in this Section defined, which state agencies; provided, however, that such ac-instrument or instruments shall refer to the pro- tion shall not materially adversely affect the inter-posed amendatory Resolution described in said ests of the holders of the Notes or Parity Notes; notice and shall specifically consent to and ap- (b) to change the terms or provisions of this prove the adoption thereof, thereupon, but not Resolution to the extent necessary to prevent the otherwise, the Governing Body of the Issuer may interest on the Notes or Parity Notes from being adopt such amendatory Resolution and such includable within the gross income of the holders Resolution shall become effective and binding thereof for federal income tax purposes; upon the holders of all of the Notes and Parity (c) to grant to or confer upon the holders of the Notes. Notes or Parity Notes any additional rights, reme-Any consent given by the holder of a Note dies, powers or authority that may lawfully be pursuant to the provisions of this Section shall be granted to or conferred upon the holders of the irrevocable for a period of six months from the Notes; date of the instrument evidencing such consent (d) to add to the covenants and agreements of and shall be conclusive and binding upon all future the Issuer contained in this Resolution other cove-holders of the same Note during such period. nants and agreements of, or conditions or restric-Such consent may be revoked at any time after six tions upon, the Issuer or to surrender or eliminate months from the date of such instrument by the any right or power reserved to or conferred upon holder who gave such consent or by a successor the Issuer in this Resolution; or in title by filing notice of such revocation with the (e) to subject to the lien and pledge of this City Clerk. Resolution additional pledged revenues as may The fact and date of the execution of any in- be permitted by law. strument under the provisions of this Section may Section 29. Amendment of Resolution Requir-be proved by the certificate of any officer in any ing Consent. This Resolution may be amended jurisdiction who by the laws thereof is authorized from time to time if such amendment shall have to take acknowledgments of deeds within such been consented to by holders of not less than two-jurisdiction that the person signing such instrument thirds in principal amount of the Notes and Parity acknowledged before him the execution thereof, Notes at any time outstanding (not including in or may be proved by an affidavit of a witness to any case any Notes which may then be held or such execution sworn to before such officer. owned by or for the account of the Issuer, but in-The amount and numbers of the Notes held by cluding such Refunding Notes as may have been any person executing such instrument and the issued for the purpose of refunding any of such date of his holding the same may be proved by an Notes if such Refunding Notes shall not then be affidavit by such person or by a certificate ex- owned by the Issuer); but this Resolution may not ecuted by an officer of a bank or trust company be so amended in such manner as to: showing that on the date therein mentioned such (a) Make any change in the maturity or interest person had on deposit with such bank or trust rate of the Notes, or modify the terms of payment company the Notes described in such certificate. of principal of or interest on the Notes or any of Notwithstanding anything in this Section to the them or impose any conditions with respect to contrary, the holder or holders of 100% of the such payment; Notes and Parity Obligations may consent to any amendment of this Resolution, or waive any notic- 438 Regular Session, October 18, 2010 Book 140 es required hereunder, on such terms and under and a Class “B” Wine Permit to Crust Italian Kitch- such conditions as said holders shall determine to en and Target Store were adopted. be appropriate. RESOLUTION NO. 405-10 Section 30. Severability. If any section, para- graph, or provision of this Resolution shall be held NOW, THEREFORE, BE IT RESOLVED BY to be invalid or unenforceable for any reason, the THE CITY COUNCIL OF THE CITY OF DUBU- invalidity or unenforceability of such section, para-QUE, IOWA: graph or provision shall not affect any of the re-That the following having complied with the maining provisions. provisions of law relating to the sale of Cigarettes Section 31. Repeal of Conflicting Ordinances within the City of Dubuque, Iowa, be granted a or Resolutions and Effective Date. All other ordin-permit to sell Cigarettes and Cigarette Papers ances, resolutions and orders, or parts thereof, in within said City. conflict with the provisions of this Resolution are, NEW to the extent of such conflict, hereby repealed; and Kohinoor Grocers, Tahera Nishat, 1198 White this Resolution shall be in effect from and after its Street th adoption. Passed, approved and adopted this day 18 of Section 32. Rule of Construction. This Resolu-October, 2010 tion and the terms and conditions of the Notes Roy D. Buol, Mayor authorized hereby shall be construed whenever Attest: Jeanne F. Schneider, CMC, City Clerk possible so as not to conflict with the terms and RESOLUTION NO. 406-10 conditions of the Loan and Disbursement Agree- ment. In the event such construction is not possi-Whereas, applications for Beer Permits have ble, or in the event of any conflict or inconsistency been submitted and filed to this Council for ap- between the terms hereof and those of the Loan proval and the same have been examined and and Disbursement Agreement, the terms of the approved: and Loan and Disbursement Agreement shall prevail Whereas, the premises to be occupied by and be given effect to the extent necessary to such applicants were inspected and found to resolve any such conflict or inconsistency. comply with the Ordinances of the City and have th Passed and approved this 18 day of October, filed proper bonds. 2010. NOW, THEREFORE, BE IT RESOLVED BY Roy D. Buol, Mayor THE CITY COUNCIL OF THE CITY OF DUBU- Attest: Jeanne F. Schneider, CMC, City Clerk QUE, IOWA: That the Manager be authorized to cause to Legislative Correspondence: Communication be issued the following named applicants a Beer from Senator Charles Grassley regarding the Permit. Transit Investment for Greenhouse Gas and CLASS “B” BEER PERMIT Energy Reduction (TIGGER) application submit-J & P O’Hara, Inc., Happy Joe’s Ice Cream & ted by the City of Dubuque. Upon motion the doc-Pizza Parlor +(Sunday Sales), 855 Century Dr. ument was received and filed. CLASS “C” BEER PERMIT Target Corp., Target Store T-0086 +(Sunday Liquor License Refunds: Refund of K-Chap Sale), 3500 Dodge Street Foods, Inc. Beer Permit No. BC 0013779 in the Molo Oil Company, Big 10 Mart Car Wash amount of $56.25; Refund of Mr. Rogers Pub LLC +(Sunday Sale), 1875 JFK Rd. th Class C Liquor License No. LC0035906 in the Passed, approved and adopted this 18 day of amount of $295.75. Upon motion the documents October, 2010 were received and filed and the refunds approved. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cigarette and Liquor License Applications: City RESOLUTION NO. 407-10 Manager recommending approval of annual liquor license renewals as submitted. Upon motion the Whereas, applications for Liquor Licenses documents were received and filed and Resolu-have been submitted to this Council for approval tion No. 405-10 Granting the issuance of one new and the same have been examined and approved; cigarette license to Kohinoor Grocers; Resolution and No. 406-10 Granting the issuance of a Class “B” Whereas, the premises to be occupied by Beer Permit to Happy Joe’s Ice Cream and Pizza such applicants were inspected and found to Parlor and a Class “C” Beer Permit to Target Store comply with the State Laws and all City Ordin- and Big 10 Mart Car Wash; and Resolution No. ances relevant thereto and they have filed proper 407-10 Granting the issuance of a Class “C” bonds. Beer/Liquor License to Manna Java World Café, NOW, THEREFORE, BE IT RESOLVED BY Europa Haus & Bierstube, The Bank Bar & Grill, THE CITY COUNCIL OF THE CITY OF DUBU- Jumper’s Sports Bar, Rainbow Lounge, Dog QUE, IOWA: House Lounge and Crust Italian Kitchen; a Special Class “C” Liquor License to HuHot Mongolian Grill; Book 140 Regular Session, October 18, 2010 439 DUBUQUE, IOWA, ACCORDING TO THE That the Manager be authorized to cause to RECORDED PLAT THEREOF, 2015 WASH- be issued the following named applicants a Liquor INGTON STREET License. Whereas, the City of Dubuque has purchased CLASS “C” BEER/LIQUOR LICENSE certain real property for purpose of its rehabilitation Manna Java World Café, LLC, Manna Java and re-sale for owner-occupied housing; and World Café +(Sunday Sale), 700 Locust St. Whereas, the City received an offer to pur- Europa Haus, Inc., Europa Haus & Bierstube, chase this property from a qualifying family; and 1301 Rhomberg Ave. Whereas, such purpose supports the Neigh- CES II Properties, Inc., The Bank Bar & Grill borhood Stabilization Program and Washington +(Sunday Sale), 342 Main St. Neighborhood Revitalization strategy as approved Blue Sky 4, LTD, Jumpers Sports Bar & Grill by the City Council; and , +(Sunday Sale), 2600 Dodge St. Whereasby accepting the selected offer the DAMA Corp., Rainbow Lounge +(Sunday City’s objectives of providing first-time homeow- th Sale), 36 W. 4 St nership to a lower-income buyer and rehabilitation Dog Gone, Inc., Dog House Lounge +(Sunday of a foreclosed home can be realized. Sale), 1646 Asbury Rd. NOW, THEREFORE, BE IT RESOLVED BY Crust, LLC , Crust Italian Kitchen/Bar THE CITY COUNCIL OF THE CITY OF DUBU- +(Sunday & Outdoor), 299 Main St. QUE, IOWA: SPECIAL CLASS “C” LIQUOR Section 1. That the City of Dubuque, Iowa, in- CCW, LLC, HuHot Mongolian Grill +(Sunday tends to dispose of its interest in the following le- Sale), 555 JFK Rd. gally-described property: Northerly 46 feet of Lot CLASS “B” WINE 20 in Steiner’s Addition or Subdivision in the City Crust, LLC, Crust Italian Kitchen/Bar, 299 of Dubuque, County of Dubuque, Iowa, according Main St. to the recorded Plat thereof. Target Corp., Target Store T-0086, 3500 Section 2. That the City of Dubuque, Iowa, Dodge St. proposes to dispose of its interest in the above th Passed, approved and adopted this 18 day of described real estate to Jerry Chase and Julie October, 2010. Woodyard for the sum of $91 000. , Roy D. BuolMayor Section 3. That the City Clerk is hereby autho- , Attest:Jeanne F. Schneider, CMCCity Clerk rized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s ITEM TO BE SET FOR PUBLIC HEARING intent to dispose of the foregoing-described Prop- st erty, to be held on the 1 day of November, 2010, Motion by Connors to receive and file the doc-at 6:30 o’clock p.m. at the Historic Federal Build- uments, adopt the resolution, set the public hear-ing, 350 West Locust, Dubuque, Iowa. th ing as indicated, and direct the City Clerk to pub-Passed, approved and adoptedthis 18 day of lish notice as prescribed by law. Seconded by October, 2010. Resnick. Motion carried 6-0. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Sale of Property – 2015 Washington Street: BOARDS/COMMISSIONS City Manager recommending that a public hearing be set for November 1, 2010 to consider the sale of property located at 2015 Washington Street to Appointments to the following Jerry Chase and Julie Woodyard. Upon motion Boards/Commissions: Housing Trust Fund Advi- the documents were received and filed and Reso-sory Committee. One 3-year term through Sep- lution No. 408-10 Resolution of intention to dis-tember 8, 2013 (Term of Walsh). Applicant: John pose of City-owned property, specifically, the nor-Walsh, 3116 Spring Valley Road. Motion by Lynch therly 46 feet of Lot 20 in Steiner’s Addition or to appoint John Walsh to the Housing Trust Fund Subdivision in the City of Dubuque, County of Advisory Committee for a three-year term through Dubuque, Iowa, according to the recorded plat September 8, 2013. Seconded by Jones. Motion thereof, 2015 Washington Street was adopted carried 6-0. setting a public hearing for a meeting to com- PUBLIC HEARINGS mence at 6:30 p.m. on November 1, 2010 in the Historic Federal Building. Request to Rezone – End of Radford Court: RESOLUTION NO. 408-10 Proof of publication on notice of public hearing to RESOLUTION OF INTENTION TO DISPOSE consider a request from John Herrig / Flint Drake / OF CITY-OWNED PROPERTY, SPECIFI- Radford Development, LLC, to rezone property CALLY, NORTHERLY 46 FEET OF LOT 20 located at the end of Radford Court from C-2 IN STEINER’S ADDITION OR SUBDIVISION Neighborhood Shopping Center District to R-4 IN THE CITY OF DUBUQUE, COUNTY OF 440 Regular Session, October 18, 2010 Book 140 FROM COUNTY C-1 AND R-2 TO CITY R-1 Multi-Family Residential District and Zoning Advi- SINGLE-FAMILY RESIDENTIAL DISTRICT. sory Commission recommending approval. Communication from Planning Services Man-NOW, THEREFORE, BE IT ORDAINED BY ager Laura Carstens advising that 31.7% of the THE CITY COUNCIL OF THE CITY OF DUBU- adjacent property owners within 200 feet of the QUE, IOWA: rezoning are in opposition; therefore, a super-Section 1. That Title 16 of the City of Dubuque majority vote of the City Council is necessary to Code of Ordinances, Unified Development Code, approve the rezoning request. is hereby amended by reclassifying the hereinaf- Communication from Mark J. Sullivan request-ter-described property, in conjunction with annexa- ing that the proposed rezoning of property located tion, from County C-1 and R-2 to City R-1 Single- on Radford Court be tabled to November 15, Family Residential District, to wit: Lot 1 of the NE th 2010. ¼ SW ¼, Section 2, T88N, R2E of the 5 P.M., in Communication and petition from Mark J. Sul-the City of Dubuque, Iowa. livan in opposition to the proposed rezoning. Section 2. The foregoing amendment has he- Communication from Flint Drake requesting retofore been reviewed by the Zoning Advisory that the proposed rezoning of property located on Commission of the City of Dubuque, Iowa. Radford Court be tabled to November 1, 2010. Section 3. This ordinance shall take effect im- Motion by Jones to table the proposed ordin-mediately upon publication, as provided by law. th ance amending Title 16 of the City of Dubuque Passed, approved and adopted this 18 day of Code of Ordinances, Unified Development Code, October, 2010. by reclassifying hereinafter described property /s/Roy D. Buol, Mayor located at the end of Radford Court from C-2 Attest: Neighborhood Shopping Center District to R-4 /s/Jeanne F. Schneider, CMC, City Clerk Multi-Family Residential District to November 15, Published officially in the Telegraph Herald nd 2010. Seconded by Lynch. Motion carried 6-0. Newspaper the 22 day of October, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were suspended allow- ing anyone present to address the City Council. Request to Annex – John Knepper: Proof of publication on notice of public hearing to consider Request to Rezone – Property South of a request from John Knepper to voluntarily annex Creekwood Drive: Proof of publication on notice of and rezone 2.79 acres of property on the south public hearing to consider a request from Davin side of the City of Dubuque adjacent to Timber- Curtiss (representing John Knepper) to rezone Hyrst Subdivision and City Manager recommend- property located south of Creekwood Drive, in ing approval. Motion by Lynch to receive and file conjunction with annexation, from County C-1 and the documents and adopt Resolution No. 409-10 R-2 to City R-1 Single-Family Residential District, Approving application for voluntary annexation of and Zoning Advisory Commission recommending territory to the City of Dubuque, Iowa. Seconded approval. Motion by Connors to receive and file by Jones. Motion carried 6-0. the documents and that the requirement that a RESOLUTION NO. 409-10 proposed ordinance be considered and voted on APPROVING APPLICATION FOR VOLUN- for passage at two Council meetings prior to the TARY ANNEXATION OF TERRITORY TO meeting at which it is to be passed be suspended. THE CITY OF DUBUQUE, IOWA Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report. Motion Whereas, John L. Knepper, the property own- carried 6-0. er, has submitted a written application for voluntary Motion by Connors for final consideration and annexation of approximately 2.79 acres of land to passage of Ordinance No. 56-10 Amending Title the City of Dubuque, Iowa; and 16 of the City of Dubuque Code of Ordinances, Whereas, the annexation territory is not sub- Unified Development Code, by reclassifying herei-ject to an existing annexation moratorium agree- nafter described property, in conjunction with an-ment; and nexation, located south of Creekwood Drive from Whereas, the annexation territory does not in- County C-1 and R-2 to City R-1 Single-Family clude any State or railroad property; and Residential District. Seconded by Jones. Motion Whereas, Iowa Code section 368.7 authorizes carried 6-0. the extension of City limits in situations of this cha- racter by adoption of a resolution after notification OFFICIAL PUBLICATION and public hearing; and ORDINANCE NO. 56-10 Whereas, this annexation is consistent with AMENDING TITLE 16 OF THE CITY OF DU- the Comprehensive Plan of the City of Dubuque; BUQUE CODE OF ORDINANCES, UNIFIED and DEVELOPMENT CODE, BY RECLASSIFY- Whereas, the City of Dubuque has the capaci- ING HEREINAFTER DESCRIBED PROPER- ty to provide substantial municipal services to the TY, IN CONJUNCTION WITH ANNEXATION, annexation territory; and LOCATED SOUTH OF CREEKWOOD DRIVE Book 140 Regular Session, October 18, 2010 441 Whereas, the annexation is in the public inter-District to OC Office Commercial District. est. Seconded by Voetberg. Motion carried 6-0. NOW THEREFORE, BE IT RESOLVED BY OFFICIAL PUBLICATION THE CITY COUNCIL OF THE CITY OF DUBU- ORDINANCE NO. 57-10 QUE, IOWA: AMENDING TITLE 16 OF THE CITY OF DU- Section 1. That the application of John L. BUQUE CODE OF ORDINANCES, UNIFIED Knepper, the property owner, for voluntary annex- DEVELOPMENT CODE, BY RECLASSIFY- ation of approximately 2.79 acres of land of territo- ING HEREINAFTER DESCRIBED PROPER- ry lying outside of the corporate limits of the City of TY LOCATED AT 40, 42, 44 AND 48 MAIN Dubuque, Iowa, as shown on Exhibit A and legally STREET FROM C-4 DOWNTOWN COM- described as Lot 1 of the NE ¼, SW ¼, Section 2, th MERCIAL DISTRICT TO OC OFFICE COM- Township 88N, Range 2E of the 5 P.M., Dubu- MERCIAL DISTRICT. que County, Iowa is hereby approved for annexa- tion to the City of Dubuque, Iowa. NOW, THEREFORE, BE IT ORDAINED BY Section 2. That, subject to the approval of the THE CITY COUNCIL OF THE CITY OF DUBU- Secretary of State, the corporate limits of the City QUE, IOWA: of Dubuque, Iowa, be and they hereby are ex-Section 1. That Title 16 of the City of Dubuque tended to include the approximately 2.79 acres of Code of Ordinances, Unified Development Code, annexation territory as shown on Exhibit A. is hereby amended by reclassifying the hereinaf- Section 3. That the City Council of Dubuque, ter-described property from C-4 Downtown Com- Iowa, does hereby certify that the City of Dubuque mercial District to OC Office Commercial District, has complied with the notice and hearing require-to wit: ments of the Iowa Code pertaining to voluntary Lot 1-10A of the W ½ Block 1, Balance W annexation of territory outside an urbanized area ½ Lot 12 Block 1, Lots 13, 14 & 15 of W ½ of another city. of Block 1, Lots 16 & 17 of W ½ of Block 1, Section 4. That if the Secretary of State ap-Lot 1-12A of W ½ of Block 1, Lot 1-17A of proves this annexation, the territory hereby an-W ½ of Block 1, and Lot 1 of 1A of W ½ of nexed shall become a part of Precinct One of Block 1, all in the Dubuque Harbor Com- Ward One of the City of Dubuque, Iowa. pany’s Addition, and to the centerline of the Section 5. That the City Clerk shall file this adjoining public right-of-way, all in the City resolution, all exhibits and the applications for vo-of Dubuque, Iowa. luntary annexation with the State of Iowa in accor-Section 2. The foregoing amendment has he- dance with the provisions of Chapter 368 of the retofore been reviewed by the Zoning Advisory Iowa Code. Commission of the City of Dubuque, Iowa. th Passed, approved and adopted this 18 day of Section 3. This ordinance shall take effect im- October 2010. mediately upon publication, as provided by law. th Roy D. Buol, Mayor Passed, approved and adopted this 18 Attest: Jeanne F. Schneider, CMC, City Clerk day of October, 2010. /s/Roy D. Buol, Mayor Request to Rezone – 40, 42, 44 and 48 Main Attest: Street: Proof of publication on notice of public /s/Jeanne F. Schneider, CMC, City Clerk hearing to consider a request from Jay Freeberry Published officially in the Telegraph Herald nd to rezone property located at 40, 42, 44 and 48 Newspaper the 22 day of October, 2010. Main Street from C-3 General Commercial and C-/s/Jeanne F. Schneider, CMC, City Clerk 4 Downtown Commercial District to OC Office Commercial District and Zoning Advisory Com-44 Main, LLC – Development Agreement: mission recommending approval. Motion by Con-Proof of publication on notice of public hearing to nors to receive and file the documents and that the consider the issuance of not to exceed $350,000 requirement that a proposed ordinance be consi-Urban Renewal Tax Increment Revenue Bonds dered and voted on for passage at two Council and a proposed Development Agreement with 44 meetings prior to the meeting at which it is to be Main, LLC and City Manager recommending ap- passed be suspended. Seconded by Voetberg. proval. Motion by Voetberg to receive and file the Developer Chris Miller, 44 Main LLC, 1415 Foulk documents and adopt Resolution No. 410-10 Insti- Road, Wilmington, Delaware, spoke in support of tuting proceedings to take additional action for the the proposed ordinance on behalf of the applicant. issuance of not to exceed $350,000 Urban Re- Planning Services Manager Laura Carstens pro-newal Tax Increment Revenue Notes; and Reso- vided a staff report. Motion carried 6-0. lution No. 411-10 Authorizing and providing for the Motion by Connors for final consideration and issuance of $337,000 Urban Renewal Tax Incre- passage of Ordinance No. 57-10 Amending Title ment Revenue Notes, Taxable Series 2010H (44 16 of the City of Dubuque Code of Ordinances, Main, LLC Project) of the City of Dubuque, Iowa, Unified Development Code, by reclassifying herei-and providing for the securing of such notes for the nafter described property located at 40, 42, 44 and purpose of carrying out an Urban Renewal Project 48 Main Street from C-4 Downtown Commercial in the area of the City of Dubuque, Iowa, desig- 442 Regular Session, October 18, 2010 Book 140 BAN RENEWAL TAX INCREMENT REVE- nated as the Greater Downtown Urban Renewal NUE NOTES, TAXABLE SERIES 2010H (44 District. Seconded by Jones. Responding to ques- MAIN LLC PROJECT), OF THE CITY OF tions from City Council, Economic Development DUBUQUE, IOWA, AND PROVIDING FOR Director Dave Heiar stated that this project has THE SECURING OF SUCH NOTES FOR THE helped satisfy some of the need for downtown PURPOSE OF CARRYING OUT AN URBAN housing and a request for proposals for additional RENEWAL PROJECT IN THE AREA OF THE units is planned pending approval. Motion carried CITY OF DUBUQUE, IOWA DESIGNATED 6-0. AS THE GREATER DOWNTOWN URBAN RESOLUTION NO. 410-10 RENEWAL DISTRICT RESOLUTION INSTITUTING PROCEEDINGS Whereas, the City Council of the City of Dubu- TO TAKE ADDITIONAL ACTION FOR THE que, Iowa (the "City" or the "Issuer") has hereto- ISSUANCE OF NOT TO EXCEED $350,000 fore adopted an Amended and Restated Urban URBAN RENEWAL TAX INCREMENT REV- Renewal Plan (the "Urban Renewal Plan") under ENUE NOTES which plan there are to be carried out urban re- Whereas, pursuant to notice published as re-newal project activities in an area designated as quired by law, this Council has held a public meet-the Greater Downtown Urban Renewal District ing and hearing upon the proposal to institute pro-(the "Project Area"); and ceedings for the issuance of not to exceed Whereas, it is presently estimated that the $350,000 Urban Renewal Tax Increment Reve-costs of carrying out the purposes and provisions nue Notes for the purpose of pay costs of aiding in of the Urban Renewal Plan for the Project Area, the planning, undertaking and carrying out of ur-including the purpose set forth in Section 3 hereof, ban renewal project activities under the authority exceed $350,000, and provisions must now be of Chapter 403 of the Code of Iowa and the made by the City to provide for the payment of Amended and Restated Urban Renewal Plan for such costs by the issuance of Notes; and the Greater Downtown Urban Renewal District, Whereas, the City has heretofore adopted Or- including those costs associated with the funding dinances under Section 403.19 of the Code of of economic development grants and loans to 44 Iowa (the "Ordinance"), under which the taxes Main, LLC, an Iowa limited liability company, un-levied on the taxable property in the Project Area der the terms of a Development Agreement be-shall be divided, and a special fund created under tween the City of Dubuque and 44 Main, LLC, and the authority of Section 403.19(2) of the Code of has considered the extent of objections received Iowa, as amended (which special fund is hereinaf- from residents or property owners as to said pro-ter referred to as the "Greater Downtown Urban posed issuance; and, accordingly the following Renewal District Tax Increment Revenue Fund" or action is now considered to be in the best interests "Revenue Fund") which fund was created in order of the City and residents thereof. to pay the principal of and interest on loans, mo- NOW, THEREFORE, BE IT RESOLVED BY nies advanced to or indebtedness whether THE CITY COUNCIL OF THE CITY OF DUBU-funded, refunded, assumed, or otherwise, includ- QUE, IOWA: ing bonds issued under the authority of Section Section 1. That this Council does hereby insti-403.9(1) of the Code of Iowa, as amended, in- tute proceedings and takes additional action for curred by the City to finance or refinance in whole the sale and issuance in the manner required by or in part urban renewal project activities underta- law of not to exceed $350,000 Urban Renewal ken within the Project Area, and pursuant to which Tax Increment Revenue Notes for the foregoing Ordinance such Revenue Fund may be irrevoca- purpose. bly pledged by the City for the payment of principal Section 2. The Finance Officer is authorized and interest on such indebtedness; and and directed to proceed on behalf of the City with Whereas, the notice of intention of Issuer to the sale of said Notes, to select a date for the sale take action for the issuance of not to exceed thereof, to cause to be prepared such notice and $350,000 Urban Renewal Tax Increment Reve- sale information as may appear appropriate, to nue Notes has heretofore been duly published publish and distribute the same on behalf of the and no objections to such proposed action have City and this Council and otherwise to take all been filed and it is now necessary and advisable action necessary to permit the sale of said Notes that provisions be made for the issuance of Notes on a basis favorable to the City and acceptable to to the amount of $337,000 pursuant to the provi- the Council. sions of Section 403.9(1) of the Code of Iowa, th Passed and approved this 18 day of October, payable from a portion of the income and 2010. proceeds of the Revenue Fund and other funds of Roy D. Buol, Mayor the City derived from or held in connection with the Attest: Jeanne F. Schneider, CMC, City Clerk undertaking and carrying out of the Urban Re- newal Plan for the Project Area as described here- RESOLUTION NO. 411-10 in. RESOLUTION AUTHORIZING AND PROVID- NOW, THEREFORE, BE IT RESOLVED BY ING FOR THE ISSUANCE OF $337,000 UR- THE CITY COUNCIL OF THE CITY OF DUBU- Book 140 Regular Session, October 18, 2010 443 QUE, IN THE COUNTY OF DUBUQUE, STATE otherwise, including bonds or other OF IOWA: obligations issued under the authority Section 1. Definitions. In addition to the de-of Section 403.19 or 403.12 of the fined terms set forth in the preambles hereof, the Code of Iowa, incurred by the City to following terms shall have the following meanings finance or refinance in whole or in part in this Resolution unless the text expressly or by projects undertaken pursuant to the necessary implication requires otherwise: Urban Renewal Plan for the Project  Area; "Clerk" shall mean the City Clerk or  "Independent Auditor" shall mean an such other officer of the successor Governing Body as shall be charged independent firm of Certified Public with substantially the same duties and Accountants or the Auditor of State;  responsibilities; "Issuer" and "City" shall mean the City  "Corporate Seal" shall mean the offi- of Dubuque, Iowa;  cial seal of Issuer adopted by the Go- "Minimum Improvements" shall mean verning Body; the construction of twenty four (24)  "Developer" shall mean 44 Main, LLC, apartments for market-rate rental by an Iowa limited liability company; the Developer on the Development  Property in accordance with the terms "Development Agreement" shall mean of the Development Agreement; the Development Agreement expected  "Notes" or "Note" shall mean the to be dated as of October 18, 2010 by and between the City and the Devel-$337,000 Urban Renewal Tax Incre- oper, as amended from time to time; ment Revenue Note, Taxable Series  2010H (44 Main LLC Project), autho- "Development Property" shall mean rized to be issued by this Resolution; that portion of the Project Area being  "Original Purchaser" shall mean Amer- developed by the Developer under the terms of the Development Agreement, ican Trust & Savings Bank, Dubuque, upon which the Developer has cove-Iowa, as the purchaser of the Note nanted to construct the Minimum Im-from Issuer at the time of its original provements, being legally described issuance;  as set forth in the Development "Paying Agent" shall be the City Trea- Agreement; surer, or such successor as may be  "Fiscal Year" shall mean the twelve- approved by Issuer as provided herein month period beginning on July l of and who shall carry out the duties pre- each year and ending on the last day scribed herein as Issuer's agent to of June of the following year, or any provide for the payment of principal of other consecutive twelve-month period and interest on the Note as the same adopted by the Governing Body or by shall become due;  law as the official accounting period of "Project Area" shall mean the Greater the Issuer; Downtown Urban Renewal District of  "44 Main, LLC TIF Account" means a the Issuer, as amended from time to separate account to be established time;  within the Greater Downtown Urban "Project Fund" or "Construction Ac- Renewal District Tax Increment Reve- count" shall mean the fund required to nue Fund of the City, in which there be established by this Resolution for shall be deposited all Tax Increments the deposit of the proceeds of the received by the City in respect of the Note; Minimum Improvements and the De-  "Registrar" shall be the City Treasurer velopment Property; of Dubuque, Iowa, or such successor  "Governing Body" shall mean the City as may be approved by Issuer as pro- Council of the City, or its successor in vided herein and who shall carry out function with respect to the operation the duties prescribed herein with re- and control of the Project Area; spect to maintaining a register of the  "Greater Downtown Urban Renewal owners of the Note. Unless otherwise District Tax Increment Revenue Fund" specified, the Registrar shall also act or "Revenue Fund" means the special as Transfer Agent for the Note;  fund of the City created under the au- "Tax Increments" means the property thority of Section 403.19(2) of the tax revenues divided and made avail- Code of Iowa and the Ordinance, able to the City for deposit in the which fund was created in order to pay Greater Downtown Urban Renewal the principal of and interest on loans, District Tax Increment Revenue Fund monies advanced to, or indebtedness, under the provisions of Section 403.19 whether funded, refunded, assumed or of the Code and the Ordinance; 444 Regular Session, October 18, 2010 Book 140  in the 44 Main LLC TIF Account of the City. The "Treasurer" shall mean the City Trea- City hereby covenants and agrees to maintain the surer or such other officer as shall Ordinance in force during the term of the Notes succeed to the same duties and re- and to apply the Tax Increments collected in re- sponsibilities with respect to the re- spect of the Development Property and the Mini- cording and payment of the Note is- mum Improvements located thereon and allocated sued hereunder. to the 44 Main LLC TIF Account to the payment of Section 2. Authority. The Note authorized by the principal of and interest on the Notes. The this Resolution shall be issued pursuant to Section Notes shall not be payable in any manner from 403.9 of the Code of Iowa, and in compliance with other Tax Increments collected in respect of other all applicable provisions of the Constitution and properties within the Project Area or by general laws of the State of Iowa. taxation or from any other City funds. Section 3. Authorization, Purpose, Approval of The Notes shall not constitute an indebted- Purchase Agreement and Disbursements. There ness within the meaning of any statutory debt are hereby authorized to be issued, one negotia- limitation or restriction and shall not be subject to ble, serial, fully registered Urban Renewal Tax the provisions of any other law relating to the au- Increment Revenue Note, Taxable Series 2010 thorization, issuance or sale of notes. (44 Main LLC Project), of the City of Dubuque, in The Notes shall recite in substance that they the County of Dubuque, State of Iowa, in the ag- have been issued by the City in connection with an gregate principal amount of $337,000 for the pur- urban renewal project as defined in Chapter 403 of pose of paying costs of aiding in the planning, the Code of Iowa, and in any suit, action or pro- undertaking and carrying out of urban renewal ceeding involving the validity or enforceability of project activities under the authority of Chapter any Note issued hereunder or the security there- 403 of the Code of Iowa and the Amended and for, such Notes shall be conclusively deemed to Restated Urban Renewal Plan for the Greater have been issued for such purpose and such Downtown Urban Renewal District, including those project shall be conclusively deemed to have been costs associated with the funding of economic planned, located and carried out in accordance development grants and loans to 44 Main, LLC, with the provisions of Chapter 403 of the Code of an Iowa limited liability company, under the terms Iowa. of a Development Agreement between the City of Section 5. Note Details. Urban Renewal Tax Dubuque and 44 Main, LLC, as the same may be Increment Revenue Notes of the City in the amended from time to time, and the funding of amount of $337,000 shall be issued pursuant to related reserves and payment of capitalized inter- the provisions of Section 403.9 of the Code of est and the costs of issuance of the Notes. Iowa for the aforesaid purpose. The Notes shall be The Purchase Agreement between the City designated "URBAN RENEWAL TAX INCRE- and the Original Purchaser (the "Purchase MENT REVENUE NOTE, TAXABLE SERIES Agreement") is hereby approved in substantially 2010H (44 MAIN LLC PROJECT)", be dated as of the form presented at this meeting, and the Mayor the date of delivery, and bear interest from the and City Clerk are authorized to execute and de- date of disbursement of the proceeds thereof at liver the same on behalf of the City with such the rate of 6.00% per annum, until payment the- changes as shall to them, upon the advice of the reof, at the office of the Paying Agent, and shall City Attorney, be necessary or appropriate. mature in the principal amounts set forth on the On the date of issuance of the Note, proceeds disbursement and repayment schedule attached of the Note in the amount set forth in the dis- to the Purchase Agreement as Exhibit A and in- bursement and repayment schedule attached to corporated herein by this reference. As set forth on the Purchase Agreement shall be drawn upon and said schedule, principal shall be payable on De- deposited in the Project Fund and held in such cember 31, 2012 and semiannually thereafter on fund until disbursed to the Developer in accor- the last business day of June and December of dance with the Development Agreement and ap- each year in the amounts set forth therein until plied to costs of issuance of the Note. In addition principal and interest are fully paid, except that the to such amount, the amounts set forth in said dis- final installment of the entire balance of principal bursement and repayment schedule shall be with- and interest, if not sooner paid, shall become due drawn by the Treasurer on December 31, 2010, and payable on June 30, 2027. June 30, 2011, December 31, 2011 and June 30, The Note shall be executed by the manual 2012 (in the respective amounts set forth in the signature of the Mayor and attested by the manual said schedule) and deposited in the Sinking Fund signature of the City Clerk, and impressed with the established in Section 16 hereof and thereafter seal of the City and shall be fully registered as to applied to the payment of interest on the Note on both principal and interest as provided in this Res- said dates. olution; principal, interest and premium, if any shall Section 4. Source of Payment. As provided be payable at the office of the Paying Agent by and required by Chapter 403 of the Code of Iowa, mailing of a check to the registered owner of the and Section 403.9, the Note and interest thereon Note. The Note may be in the denomination of shall be payable from and secured solely and only $1,000 or multiples thereof and shall, at the re- by amounts deposited and held from time to time Book 140 Regular Session, October 18, 2010 445 quest of the Original Purchaser, be issued initially strar shall be deemed and regarded as the abso- as a single Note in the principal amount of lute owner thereof for all purposes, and payment $337,000 and numbered R-1. of or on account of the principal of any such Notes Section 6. Redemption. The principal of the and the premium, if any, and interest thereon shall Note may be called for redemption by the Issuer be made only to or upon the order of the regis- and paid before maturity on any date, from any tered owner thereof or his legal representative. All funds regardless of source, in whole or from time such payments shall be valid and effectual to sa- to time in part, by giving thirty days' notice of re-tisfy and discharge the liability upon such Note, demption by registered or certified mail, to the including the interest thereon, to the extent of the registered owner of the Note. The terms of re-sum or sums so paid. demption shall be par, plus accrued interest to (e) Cancellation. All Notes which have been date of call. redeemed shall not be reissued but shall be can- Section 7. Registration of Notes; Appointment celled by the Registrar. All Notes which are can- of Registrar; Transfer; Ownership; Delivery; and celled by the Registrar shall be destroyed and a Cancellation. certificate of the destruction thereof shall be fur- (a) Registration. The ownership of Notes may nished promptly to the Issuer; provided that if the be transferred only by the making of an entry upon Issuer shall so direct, the Registrar shall forward the books kept for the registration and transfer of the cancelled Notes to the Issuer. ownership of the Notes, and in no other way. The (f) Non-Presentment of Notes. In the event any Treasurer is hereby appointed as Note Registrar payment check representing payment of principal under the terms of this Resolution. Registrar shall of or interest on the Notes is returned to the Pay- maintain the books of the Issuer for the registration ing Agent or is not presented for payment of prin- of ownership of the Notes for the payment of prin-cipal at the maturity or redemption date, if funds cipal of and interest on the Notes as provided in sufficient to pay such principal of or interest on this Resolution. All Notes shall be negotiable as Notes shall have been made available to the Pay- provided in Article 8 of the Uniform Commercial ing Agent for the benefit of the owner thereof, all Code and Section 384.83(5) of the Code of Iowa, liability of the Issuer to the owner thereof for such subject to the provisions for registration and trans-interest or payment of such Notes shall forthwith fer contained in the Notes and in this Resolution. cease, terminate and be completely discharged, (b) Transfer. The ownership of any Note may and thereupon it shall be the duty of the Paying be transferred only upon the Registration Books Agent to hold such funds, without liability for inter- kept for the registration and transfer of Notes and est thereon, for the benefit of the owner of such only upon surrender thereof at the office of the Notes who shall thereafter be restricted exclusively Registrar together with an assignment duly ex-to such funds for any claim of whatever nature on ecuted by the holder or his duly authorized attor-his part under this Resolution or on, or with respect ney in fact in such form as shall be satisfactory to to, such interest or Notes. The Paying Agent's the Registrar, along with the address and social obligation to hold such funds shall continue for a security number or federal employer identification period equal to two years interest or principal be- number of such transferee (or, if registration is to came due, whether at maturity, or at the date fixed be made in the name of multiple individuals, of all for redemption thereof, or otherwise, at which time such transferees). In the event that the address of the Paying Agent, shall surrender any remaining the registered owner of a Note (other than a regis-funds so held to the Issuer, whereupon any claim tered owner which is the nominee of the broker or under this Resolution by the Owners of such inter- dealer in question) is that of a broker or dealer, est or Notes of whatever nature shall be made there must be disclosed on the Registration Books upon the Issuer. the information pertaining to the registered owner Section 8. Reissuance of Mutilated, De- required above. Upon the transfer of any such stroyed, Stolen or Lost Notes. In case any out- Note, a new fully registered Note, of any denomi-standing Note shall become mutilated or be de- nation or denominations permitted by this Resolu-stroyed, stolen or lost, the Issuer shall at the re- tion in aggregate principal amount equal to the quest of Registrar authenticate and deliver a new unmatured and unredeemed principal amount of Note of like tenor and amount as the Note so muti- such transferred fully registered Note, and bearing lated, destroyed, stolen or lost, in exchange and interest at the same rate and maturing on the substitution for such mutilated Note to Registrar, same date or dates shall be delivered by the Regi-upon surrender of such mutilated Note, or in lieu of strar. and substitution for the Note destroyed, stolen or (c) Registration of Transferred Notes. In all lost, upon filing with the Registrar evidence satis- cases of the transfer of the Notes, the Registrar factory to the Registrar and Issuer that such Note shall register, at the earliest practicable time, on has been destroyed, stolen or lost and proof of the Registration Books, the Notes, in accordance ownership thereof, and upon furnishing the Regi- with the provisions of this Resolution. strar and Issuer with satisfactory indemnity and (d) Ownership. As to any Note, the person in complying with such other reasonable regulations whose name the ownership of the same shall be as the Issuer or its agent may prescribe and pay- registered on the Registration Books of the Regi- 446 Regular Session, October 18, 2010 Book 140 ing such expenses as the Issuer may incur in con-Section 15. Tax Levy. After its adoption, a nection therewith. copy of this Resolution shall be filed in the office of Section 9. Record Date. Payments of principal the County Auditor of Dubuque County to evi- and interest, otherwise than upon full redemption, dence the pledging of a portion of the Greater made in respect of any Note, shall be made to the Downtown Urban Renewal District Tax Increment registered holder thereof or to their designated Revenue Fund and the portion of taxes to be paid agent as the same appear on the books of the into the 44 Main LLC TIF Account and, pursuant to Registrar on the 15th day of the month preceding the direction of Section 403.19 of the Code of the payment date. All such payments shall fully Iowa, the Auditor shall thereafter allocate the taxes discharge the obligations of the Issuer in respect in accordance therewith and in accordance with of such Notes to the extent of the payments so the Ordinance referred to in the preamble hereof. made. Final payment of principal shall only be It is hereby certified that the annual amount of made upon surrender of the Note to the Paying Tax Increments to be collected in respect of the Agent. Development Property and the Minimum Im- Section 10. Execution, Authentication and De-provements located thereon pursuant to Section livery of the Notes. Upon the adoption of this 403.19(2) of the Code of Iowa shall be not less Resolution, the Mayor and Clerk shall execute and than the annual requirement for principal and in- deliver the Notes to the Registrar, who shall au-terest on the Note, as follows: thenticate the Notes and deliver the same to or upon order of the Original Purchaser. No Note Fiscal Year shall be valid or obligatory for any purpose or shall Amount of Principal (July 1 to June 30) be entitled to any right or benefit hereunder unless and Interest Year of Collection the Registrar shall duly endorse and execute on $12,645 2010/2011 such Note a Certificate of Authentication substan-19,653 2011/2012 tially in the form of the Certificate herein set forth. 34,584 2012/2013 Such Certificate upon any Note executed on be-34,584 2013/2014 half of the Issuer shall be conclusive evidence that 34,584 2014/2015 the Note so authenticated has been duly issued 34,584 2015/2016 under this Resolution and that the holder thereof is 34,584 2016/2017 entitled to the benefits of this Resolution. 34,584 2017/2018 Section 11. Right to Name Substitute Paying 34,584 2018/2019 Agent or Registrar. Issuer reserves the right to 34,584 2019/2020 name a substitute, successor Registrar or Paying 34,584 2020/2021 Agent upon giving prompt written notice to each 34,584 2021/2022 registered Noteholder. 34,584 2022/2023 Section 12. Form of Note. Notes shall be 34,584 2023/2024 printed in substantial compliance with standards 34,584 2024/2025 proposed by the American Standards Institute 34,584 2025/2026 substantially in the form as [provided]. 34,584 2026/2027 Section 13. Equality of Lien. The timely pay- ment of principal of and interest on the Notes shall Section 16. Application of Revenues. From be secured equally and ratably by the Tax Incre-and after the delivery of the Note, and as long as ments collected and allocated to the 44 Main LLC the Note shall be outstanding and unpaid either as TIF Account without priority by reason of number to principal or as to interest, or until the Note shall or time of sale or delivery; and the Tax Increments have been discharged and satisfied in the manner collected and allocated to the 44 Main LLC TIF provided in this Resolution, the Tax Increments Account are hereby irrevocably pledged to the collected in respect of the Development Property timely payment of both principal and interest as and the Minimum Improvements located thereon the same become due. shall be deposited as collected in the 44 Main LLC Section 14. Application of Note Proceeds. TIF Account and shall be disbursed only as fol- Proceeds of the Note shall be drawn upon and lows: applied as described in Section 3 hereof. Subject (a) Sinking Fund. There is hereby established to the limitations contained in Code Section and shall be maintained a special fund within the 403.9(1) any amounts on hand in the Project Fund 44 Main LLC TIF Account from which interest and shall be available for the payment of the principal principal on the Note will be paid. The fund shall of or interest on the Note at any time that other be known as the 44 Main LLC Principal and Inter- funds shall be insufficient to the purpose, in which est Fund (the "Sinking Fund"). The amount to be event such funds shall be repaid to the Project deposited in the Sinking Fund in any year shall be Fund at the earliest opportunity. Any balance on an amount equal to the interest and principal com- hand in the Project Fund and not immediately ing due on such Note during the fiscal year. Mon- required for its purposes may be invested not in-ey shall be first deposited into the Interest Account consistent with limitations provided by law or this of the Sinking Fund to an amount equal to the Resolution. interest falling due in each fiscal year. Money shall Book 140 Regular Session, October 18, 2010 447 next be deposited into the Principal Account of the to the County Auditor in an amount not less than Sinking Fund to an amount equal to the principal the principal and interest falling due within the falling due in each fiscal year. Money in the Sink-year, and applied as provided in this Resolution, ing Fund shall be used solely for the purpose of unless the Notes are paid or sufficient provision for paying principal of and interest on the Note, as the their payment is made. Provided, however, that to same shall become due and payable. the extent that amounts are on hand and are suffi- (b) Surplus Revenue. All revenues thereafter cient to meet the payments required to be made remaining in the 44 Main LLC TIF Account shall and to maintain a sufficient balance in each fund be deposited to remedy any deficiency in any of as required by this Resolution, the Issuer may the funds created by this Resolution, or may be abate the levy of incremental taxes in any year. used to pay or reimburse the Issuer for other (b) Accounting and Audits. The Issuer will loans, moneys advanced to or indebtedness in-cause to be kept proper books and accounts curred to finance or refinance in whole or in part adapted to the Project Area and in accordance the project of the Developer, as permitted by law, with generally accepted accounting practices, and or may be used to pay or redeem the Notes or for will cause the books and accounts to be audited any other lawful purpose. annually not later than 180 days after the end of Moneys on hand in the Project Fund and all of each fiscal year by an Independent Auditor and the funds provided by this Section may be in-will provide copies of the audit report to the Origi- vested only in direct obligations of the United nal Purchaser upon request. The Original Pur- States Government or deposited in financial insti-chaser and holders of any of the Notes shall have tutions which are members of the Federal Deposit at all reasonable times the right to inspect the Is- Insurance Corporation ("FDIC") and the deposits suer's records, accounts and data of the Issuer in which are insured thereby and all such deposits relating to the Revenue Fund or the 44 Main LLC exceeding the maximum amount insured from TIF Account. time to time by FDIC or its equivalent successor in (c) State Laws. The Issuer will faithfully and any one financial institution shall be continuously punctually perform all duties with reference to the secured by a valid pledge of direct obligations of Urban Renewal Plan required by the Constitution the United States Government having an equiva-and laws of the State of Iowa, and will segregate lent market value. Alternatively, such moneys may the revenues of the Project Area and apply said be invested in tax-exempt bonds or obligations of revenues to the funds as specified in this Resolu- any state or political subdivision thereof which are tion. rated by Moody's Investors Service or Standard & (d) Amendments. The Issuer reserves the right Poor's Corporation at a rating classification equal to amend the Urban Renewal Plan for the Project to or better than the rating carried by the Notes or, Area and the Ordinance in its lawful discretion; in the case of short-term obligations, a rating of provided, that in no event shall obligations result- MIG-1, S&P-1 or better. All such interim invest-ing from an amendment or merger thereof have ments shall mature before the date on which the any priority over the Note. moneys are required for the purposes for which Section 18. Remedies of Noteholders. Except said fund was created or otherwise as herein pro-as herein expressly limited the holder or holders of vided. The provisions of this Section shall not be the Notes shall have and possess all the rights of construed to require the Issuer to maintain sepa-action and remedies afforded by the common law, rate bank accounts for the funds created by this the Constitution and statutes of the State of Iowa, Section; except the Sinking Fund shall be main-and of the United States of America, for the en- tained in a separate account but may be invested forcement of payment of their Notes and interest in conjunction with other funds of the City but des-thereon, and of the pledge of the revenues made ignated as a trust fund on the books and records hereunder, and of all covenants of the Issuer he- of the City. reunder. All income derived from such investments Section 19. No Prior Lien or Parity Notes. The shall be deposited in the 44 Main LLC TIF Account Issuer will issue no other bonds or obligations of and shall be regarded as revenues thereof. Such any kind or nature payable from or enjoying a lien investments shall at any time necessary be liqui-or claim on the property or revenues of the 44 dated and the proceeds thereof applied to the Main LLC TIF Account having priority over the purpose for which the respective fund was Note or standing on a parity therewith with respect created. to the lien and claim of such additional obligations Section 17. Covenants Regarding the Opera-to the revenues thereof and the money on deposit tion of the Project Area. The Issuer hereby cove-in the funds created in this Resolution, without the nants and agrees with each and every holder of written consent of the Original Purchaser or other the Notes: registered holder of the Note. The Issuer reserves (a) Maintenance in Force. The Issuer will the right to issue other obligations payable from maintain the Urban Renewal Plan and the Ordin-the Tax Increments collected in respect of other ance in force and will cause the incremental taxes properties within the Project Area, without notice to from the Development Property and Minimum or consent of the Original Purchaser. Improvements to be levied annually and certified 448 Regular Session, October 18, 2010 Book 140 Section 20. Discharge and Satisfaction of (c) Reduce the percentage of the principal Notes. The covenants, liens and pledges entered amount of Notes, the consent of the holders of into, created or imposed pursuant to this Resolu-which is required to effect a further amendment. tion may be fully discharged and satisfied with Whenever the Issuer shall propose to amend respect to the Note in any one or more of the fol-this Resolution under the provisions of this Sec- lowing ways: tion, it shall cause notice of the proposed amend- (a) By paying the Note when the same shall ment to be filed with the Original Purchaser or to become due and payable; or be mailed by certified mail to any other registered (b) By depositing in trust with the Treasurer, or owner of the Note as shown by the records of the with a corporate trustee designated by the govern-Registrar. Such notice shall set forth the nature of ing body for the payment of said obligations and the proposed amendment and shall state that a irrevocably appropriated exclusively to that pur-copy of the proposed amendatory Resolution is on pose an amount in cash or direct obligations of the file in the office of the City Clerk. United States the maturities and income of which Whenever at any time within one year from the shall be sufficient to retire at maturity, or by re-date of the mailing of said notice there shall be demption prior to maturity on a designated date filed with the City Clerk an instrument or instru- upon which said obligations may be redeemed, all ments executed by the holders of at least two- of such obligations outstanding at the time, to-thirds in aggregate principal amount of the Notes gether with the interest thereon to maturity or to then outstanding as in this Section defined, which the designated redemption date, premiums there-instrument or instruments shall refer to the pro- on, if any that may be payable on the redemption posed amendatory Resolution described in said of the same; provided that proper notice of re-notice and shall specifically consent to and ap- demption of all such obligations to be redeemed prove the adoption thereof, thereupon, but not shall have been previously published or provisions otherwise, the governing body of the Issuer may shall have been made for such publication. adopt such amendatory Resolution and such Upon such payment or deposit of money or Resolution shall become effective and binding securities, or both, in the amount and manner upon the holders of all of the Notes. provided by this Section, all liability of the Issuer Any consent given by the holder of a Note with respect to the Notes shall cease, determine pursuant to the provisions of this Section shall be and be completely discharged, and the holders irrevocable for a period of six months from the thereof shall be entitled only to payment out of the date of the instrument evidencing such consent money or securities so deposited. and shall be conclusive and binding upon all future Section 21. Resolution a Contract. The provi-holders of the same Note during such period. sions of this Resolution shall constitute a contract Such consent may be revoked at any time after six between the Issuer and the holder or holders of months from the date of such instrument by the the Note, and after the issuance of any of the Note holder who gave such consent or by a successor no change, variation or alteration of any kind in the in title by filing notice of such revocation with the provisions of this Resolution shall be made in any City Clerk. manner, except as provided in the next succeed-The fact and date of the execution of any in- ing Section, until such time as all of the Note, and strument under the provisions of this Section may interest due thereon, shall have been satisfied and be proved by the certificate of any officer in any discharged as provided in this Resolution. jurisdiction who by the laws thereof is authorized Section 22. Modification of Resolution. This to take acknowledgments of deeds within such Resolution may be amended from time to time if jurisdiction that the person signing such instrument such amendment shall have been consented to by acknowledged before him the execution thereof, holders of not less than two-thirds in principal or may be proved by an affidavit of a witness to amount of the Notes at any time outstanding (not such execution sworn to before such officer. including in any case any Notes which may then The amount and numbers of the Notes held by be held or owned by or for the account of the Is-any person executing such instrument and the suer, but including such Refunding Notes as may date of his holding the same may be proved by an have been issued for the purpose of refunding any affidavit by such person or by a certificate ex- of such Notes if such Refunding Notes shall not ecuted by an officer of a bank or trust company then be owned by the Issuer); but this Resolution showing that on the date therein mentioned such may not be so amended in such manner as to: person had on deposit with such bank or trust (a) Make any change in the maturity or interest company the Notes described in such certificate. rate of the Notes, or modify the terms of payment Section 23. Severability. If any section, para- of principal of or interest on the Notes or any of graph, or provision of this Resolution shall be held them or impose any conditions with respect to to be invalid or unenforceable for any reason, the such payment; invalidity or unenforceability of such section, para- (b) Materially affect the rights of the holders of graph or provision shall not affect any of the re- less than all of the Notes then outstanding; and maining provisions. Section 24. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordin- Book 140 Regular Session, October 18, 2010 449 ances, resolutions and orders, or parts thereof, in Development, LLC for the sale of the Property is conflict with the provisions of this Resolution are, hereby approved. to the extent of such conflict, hereby repealed; and Section 2. That the Mayor is hereby authorized this Resolution shall be in effect from and after its and directed to execute the Amended and Res- adoption. tated Development Agreement on behalf of the th Passed and approved this 18 day of October, City and City Clerk is authorized and directed to 2010. attest to his signature. Roy D. Buol, Mayor Section 3. That the Mayor and City Clerk are Attest: Jeanne F. Schneider, CMC, City Clerk hereby authorized and directed to execute and deliver a Deed for the Property as provided in the Amended and Restated Development Agree-Amended and Restated Development Agreement. ment – Conlon Johnson Development, LLC: Proof Section 4. That the City Manager is authorized of publication on notice of public hearing to con-to take such actions as are necessary to comply sider an Amended and Restated Development with the terms of the Amended and Restated De- Agreement with Conlon Johnson to accommodate velopment Agreement as herein approved. th the Company’s continued growth in the Technolo-Passed, approved and adopted this 18 day of gy Park and City Manager recommending ap-October, 2010. proval. Motion by Lynch to receive and file the Roy D. Buol, Mayor documents and adopt Resolution No. 412-10 Ap-Attest: Jeanne F. Schneider, CMC, City Clerk proving an Amended and Restated Development Agreement providing for the sale of Lot 2-1 of Du-Upon motion the rules were reinstated limiting buque Technology Park No. 3, in the City of Du-discussion to the City Council. buque, Iowa, according to the recorded plat the- ACTION ITEMS reof to Conlon Johnson Development, LLC. Seconded by Connors. Motion carried 6-0. Resolution of Support: Communication from RESOLUTION NO. 412-10 Arnie Honkamp and Dan Hammel requesting that APPROVING AN AMENDED AND RES- City Council adopt a Resolution of Support for the TATED DEVELOPMENT AGREEMENT referendum on the continuation of gaming in Du- PROVIDING FOR THE SALE OFLOT 2-1 OF buque County. Motion by Jones to receive and file DUBUQUE TECHNOLOGY PARK NO. 3, IN the documents and adopt Resolution No. 413-10 THE CITY OF DUBUQUE, IOWA ACCORD- Supporting the referendum on the continuation of ING TO THE RECORDED PLAT THEREOF gaming in Dubuque County, Iowa. Seconded by TO CONLON JOHNSON DEVELOPMENT, Voetberg. Motion carried 6-0. LLC. RESOLUTION NO. 413-10 Whereas, the City Council, by Resolution No. RESOLUTION SUPPORTING THE REFE- 393-10, dated October 4, 2010, declared its intent RENDUM ON THE CONTINUATION OF to enter into an Amended and Restated Develop- GAMING IN DUBUQUE, COUNTY, IOWA ment Agreement with Conlon Johnson Develop- ment, LLC for the sale of Lot 2-1 in Dubuque Whereas, there will be a question on the con- Technology Park No. 3 in the City of Dubuque, tinuation of gaming in Dubuque County on the Iowa, according to the recorded plat thereof and November 2, 2010 general election ballot; and Lot 2-1 of Dubuque Technology Park No. 3 (the Whereas, the Mystique Casino and the Di- Property); and amond Jo Casino welcomed nearly two million Whereas, pursuant to published notice, a pub-visitors to their facilities in the past year; and lic hearing was held on the proposed disposition Whereas, the Mystique Casino and the Di- on October 18, 2010 at 6:30 p.m. at City Council amond Jo Casino employ over 1,000 Dubuque Chambers, at the Historic Federal Building, 350 area residents with an annual payroll of more than th W. 6 St., Dubuque, Iowa; and $35 million; and Whereas, it is the determination of the City Whereas, the Mystique Casino and the Di- Council that approval of the Amended and Res-amond Jo Casino have contributed more than tated Development Agreement for the sale to and $129,236,000 to the City of Dubuque since begin- development of the Property by Conlon Johnson ning operations. Development, LLC according to the terms and NOW, THEREFORE, BE IT RESOLVED BY conditions set out in the Amended and Restated THE CITY OF COUNCIL OF THE CITY OF DU- Development Agreement is in the public interest of BUQUE, IOWA: the City of Dubuque. Section 1. That the City Council of the City of NOW, THEREFORE, BE IT RESOLVED BY Dubuque supports the continuation of gaming in THE CITY COUNCIL OF THE CITY OF DUBU-Dubuque County. QUE, IOWA: Section 2. That all electors are encouraged to Section 1. That the attached Amended and study the issue and cast an informed vote on the Restated Development Agreement by and be-issue of the continuation of gaming in Dubuque tween the City of Dubuque and Conlon Johnson County on November 2, 2010. 450 Regular Session, October 18, 2010 Book 140 th Passed, approved and adopted this 18 day of Roy D. Buol, Mayor October, 2010. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Downtown Housing Incentive Program: City Manager recommending approval of projects by Amendment to Development Agreement – 40 Bonson Block, LLC and 44 Main, LLC to receive Main, LLC: City Manager recommending approval incentives to create new housing units within the of the Third Amendment to the Development Greater Downtown Urban Renewal District and Agreement with 40 Main, LLC and authorize the issuance of a Request for Proposals for a third agreements to allow for refinancing of the project. round of applications. Motion by Lynch to receive Motion by Connors to receive and file the docu-and file the documents and adopt Resolution No. ments and adopt Resolution No. 414-10 Approv-415-10 Approving an award to Bonson Block, LLC ing the Third Amendment to the 40 Main, LLC and 44 Main, LLC from the Downtown Housing Development Agreement. Seconded by Voetberg. Incentive Pool to create new market-rate housing Motion carried 6-0. units within the Greater Downtown Urban Renew- al District and recommend closeout of the second RESOLUTION NO. 414-10 round of applications for the incentive program APPROVING THE THIRD AMENDMENT TO and authorizing the City Manager to solicit pro- THE 40 MAIN LLC DEVELOPMENT posals for a third round of applications. Seconded AGREEMENT by Voetberg. Motion carried 6-0. Whereas, a Development Agreement (the RESOLUTION NO. 415-10 Agreement), dated January 15, 2009, was entered APPROVING AN AWARD TO BONSON into by and between the City of Dubuque, a mu- BLOCK, LLC AND 44 MAIN, LLC FROM THE nicipal corporation of the State of Iowa (City), and DOWNTOWN HOUSING INCENTIVE POOL 40 Main LLC (Developer); and TO CREATE NEW MARKET-RATE HOUS- Whereas, this Development Agreement was ING UNITS WITHIN THE GREATER DOWN- amended (First Amendment) on May 18, 2009; TOWN URBAN RENEWAL DISTRICT AND and RECOMMEND CLOSEOUT OF THE Whereas, this Development Agreement was SECOND ROUND OF APPLICATIONS FOR further amended (Second Amendment) on August THE INCENTIVE PROGRAM AND AUTHO- 3, 2009; and RIZING THE CITY MANAGER TO SOLICIT Whereas, City and 40 Main LLC now desire to PROPOSALS FOR A THIRD ROUND OF amend the Development Agreement as set forth APPLICATIONS attached Third Amendment, and Whereas, 40 Main LLC desires to refinance Whereas, the City of Dubuque has been suc- the project with American Trust & Savings Bank cessful in encouraging job creation and retention (Bank) and the Bank requires certain agreements in the community for several years; and to be approved. Whereas, many of the City of Dubuque’s new NOW, THEREFORE, BE IT RESOLVED BY residents have a strong desire to live near work THE CITY COUNCIL OF THE CITY OF DUBU-and entertainment; and QUE, IOWA: Whereas, a significant shortage of quality Section 1. That the Third Amendment of the market-rate rental and owner-occupied residential 40 Main LLC Development Agreement is hereby units exists and efforts are needed to encourage approved. new development of such units; and Section 2. That the Mayor is hereby authorized Whereas, several downtown residential devel- and directed to execute said Third Amendment on opment projects need financial assistance to se- behalf of the City of Dubuque and the City Clerk is cure funding for such project; and authorized and directed to attest to his signature. Whereas, the City received several applica- Section 3. That the City Manager is authorized tions for assistance from a Request for Proposals to take such actions as are necessary to imple-due May 24, 2010; and ment the terms of the Third Amendment as herein Whereas, such proposals have been reviewed approved. by a recommendation committee. Section 4. That the Mayor is authorized to ex-NOW THEREFORE, BE IT RESOLVED BY ecute the City’s Consent Regarding the Develop-THE CITY COUNCIL OF THE CITY OF DUBU- ment Agreement. QUE, IOWA: Section 5. That the City Manager is authorized Section 1. The City Council approves the fol- to execute the Intercreditor Agreement with the lowing projects to receive financial assistance for Bank. the creation of market-rate housing units within the Section 6. That the City Manager is authorized Greater Downtown Urban Renewal District: to execute the Collateral Assignment of Real Es- tate Contract. th Passed, approved and adopted this 18 day of October 2010. Book 140 Regular Session, October 18, 2010 451 receive and file the documents and approve the recommendation. Seconded by Resnick. With the Hous- Assis- Address Developer ing Mayor’s approval, School Board President Mike tance Units Brannon, 489 So. Grandview Avenue, spoke re- 356 garding the District’s original intent and the School Bonson Block, $80,000 Main 8 LLC Grant Board’s current recommendation to direct adminis- Street tration to comprehensively redesign its facilities 44 $240,000 planning process through consensus with a new Main 44 Main, LLC 24 Grant Street time line and community feedback. Motion carried 6-0. Section 2. That the City Manager is hereby au- CLOSED SESSION thorized and directed to execute an Incentive Agreement with Bonson Block, LLC and 44 Main, nd Motion by Jones at 7:46 p.m. to go into closed LLC and recommend closeout of the 2 round of session regarding pending litigation and property the Incentive Program and authorize staff to pre- rd acquisition pursuant to Chapter 21.5(1)(c)(j) Code pare an RFP for a 3 round of applications. th of Iowa. Seconded by Voetberg. Motion carried 6- Passed, approved and adopted this 18 day of 0. October, 2010. Upon motion the City Council reconvened in Roy D. Buol, Mayor open session at 8:31 p.m. stating that staff had Attest: Jeanne F. Schneider, CMC, City Clerk been given proper direction. th 18 Street Office Building Renovation – Re- There being no further business, upon motion quest for Proposals: City Manager recommending the City Council adjourned at 8:32 p.m. approval of the issuance of a Request for Propos- als to seek qualified firms interested in providing /s/Jeanne F. Schneider, CMC architectural design and construction administra- th City Clerk tion services for the 18 Street Office Building Renovation Project and authorize the City Manag- er to negotiate and execute the contract. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Con- nors. Motion carried 6-0. Community Development Block Grant Award to CARADCO Project: City Manager recommend- ing that he be authorized to indicate to the Iowa Department of Economic Development the City’s interest in accepting a $3 million Community De- velopment Block Grant award for the CARADCO project. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. Safe Community Task Force: City Manager transmitting information on the Dubuque Police Department’s response to two Safe Community Task Force recommendations – (1) direct the Po- lice Department to enforce noise ordinances more aggressively and (2) direct the Police Department to enforce traffic ordinances more aggressively. Motion by Connors to receive and file the docu- ments. Seconded by Lynch. Connors commended the success and work of the Police Department. Motion carried 6-0. Dubuque Community School District School Closure Options: City Manager recommending approval of the transmittal of the City of Dubuque’s report on the proposed public school closure op- tions being considered by the Dubuque Communi- ty School District to the Dubuque Community School District Board and request that the Board reconsider their decision. Motion by Connors to 452 Special Session, November 1, 2010 Book 140 CITY OF DUBUQUE, IOWA  Non-Internet users tool kit, jour- naling and game board CITY COUNCIL  Community Cafés discussion fo- OFFICIAL rums PROCEEDINGS  Business partnerships, funding partners, and steering committee members The Dubuque City Council met in special ses-  Educational signage and practic- sion at 5:00 p.m. on November 1, 2010 in the His- al application examples toric Federal Building. Part II: Climate Acton Plan Present: Mayor Buol, Council Members Braig, Ms. Burbach provided information on the In- Connors, Jones, Lynch, Resnick, City Manager ternational Collocation of Local Environmental Van Milligen, City Attorney Lindahl Initiatives (ICLEI) five milestone process specifical- ly milestones 2 and 3: Absent: Council Member Voetberg  Adopt emissions reduction target plan Mayor Buol read the call and stated this is a  special session of the City Council to receive an Develop local climate action plan  update on the Greenhouse Gas Inventory. ICLEI Communities Sample Tar- get Communities dates and base WORK SESSION years Greenhouse Gas Inventory and Climate Action Plan Assistant City Manager Cindy Steinhauser de- scribed additional tools available to Dubuque: Part I: Overview  Climate and Air Pollution Plan- Sustainable Community Coordinator Cori Bur- ning Assistant: helps communi- bach provided an overview of the work session ties explore, identify and analyze with a slide presentation, which included an up- 125+ preliminary local govern- date on: ment response options to climate  Dubuque’s larger sustainable issues explaining that each of the projects as related to the City six main categories has six Council’s goals and priorities weighted criteria that estimates  Eleven sustainability principles benefits and costs relative to the and their influence degree of implementation of  each measure. Recent developments and up-  dates Star Community Index   Sustainability’s impact on Dubu- International City Managers As- que sociation (ICMA) Sustainability  Survey results, comparisons and Support of local businesses’ sus- best practices tainability efforts Ms. Burbach provided additional information Smarter Sustainable Dubuque Coordinator on the creation of a Climate Action Plan: David Lyons provided information on Sustainable  Dubuque: Verifiable measurement of a  green community What is it?   A smarter sustainable city with Data relevance, interaction, and green jobs breadth of impact on water, elec-  trical, natural gas, and vehicle Innovation and continuous im- miles traveled provement   Update on pilot study volunteer Ahead of legislation and shovel- homes and portals ready projects Dubuque 2.0 representative Eric Dregne pro- Why create a Climate Action Plan?  vided information on community partnerships and Economic prosperity engagement opportunities from the Dubuque 2.0  Environmental integrity perspective.  Social/cultural vibrancy  Practical facts and information sharing What’s measured in a Climate Action Plan?  Green asset map of local oppor-  What Dubuque’s Greenhouse tunities Gas Inventory includes  Dubuque 2.0 Sustainability Chal- lenge, January 2011 Book 140 Special Session, November 1, 2010 453  Review of the City of Dubuque’s first base-line year for data col- lection of 2003, interim year 2007, change in emissions 2003- 2007, and projected future emis- sions Target Ranges: Resource Manager Paul Schultz provided information on the targets sug- gested for ICLEI Municipalities  State and national comparisons  2015, 2030, and 2050 target range considerations and sug- gestions for attaining goals  Commitment to 2006 Mayor’s Climate Protection Agreement  Dubuque’s leadership relative to methane capture and the Water Pollution Control Plant Ms. Burbach shared information on additional significant accomplishments including:  Conversion of traffic lights to LED  Right-sizing City fleet and fuel ef- ficiencies  Conversion of public transit fleet to hybrid and/or clean diesel (in progress)  Smarter Sustainable Dubuque pi- lot households Next Steps:  Continue working toward ICLEI’s milestone process  Periodic data updates  Staff strategy for developing a Climate Action Plan and budg- et/policy implications  Recommended process for regu- lar operations measurement and evaluation tools City Council discussion and questions in- cluded the cost of electricity for water delivery and the tracking of black carbon as it impacts both climate and air. There being no further business, the City Council adjourned at 6:22 p.m. /s/Jeanne F. Schneider, CMC City Clerk 454 Regular Session, November 1, 2010 Book 140 CITY OF DUBUQUE, IOWA Upon motion the documents were received and filed. CITY COUNCIL OFFICIAL Notice of Claims/Suits: Darlene Ryan for ve- PROCEEDINGS hicle damage; Donald Cherba for vehicle damage; Sunnycrest Manor for property damage; Jennifer Ney for personal injury; James and Molly Kolf for The Dubuque City Council met in regular ses- property damage; Gerald J. Lochner for vehicle sion at 6:30 p.m. on November 1, 2010 in the His- damage; Donna J. Cooksley for vehicle damage. toric Federal Building. Upon motion the documents were received, filed and referred to the City Attorney. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City City Attorney advising that the following claims Manager Van Milligen, City Attorney Lindahl have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- Mayor Buol read the call and stated this is a surance Pool: Donald Cherba for vehicle damage; regular session of the City Council to act upon Jennifer Ney for personal injury; Anne Holmberg such business that may properly come before the for personal injury; Sunnycrest Manor for property City Council. damage; James and Molly Kolf for property dam- age; Gerald Lochner for vehicle damage. Upon Pledge of Allegiance motion the documents were received, filed and concurred. Invocation was provided by Pastor Scott Griffin of Bible Baptist Church. Renewal Rates for Voluntary Dental Plan: City Manager recommending approval of the renewal PRESENTATIONS rates for the City’s voluntary dental plan. Upon motion the documents were received, filed, and Iowa Chapter of the American Planning Asso- approved. ciation – Unified Development Code was pre- sented by Planning Services Manager Laura Renewal Rates for Worker’s Compensation Carstens; 1000 Friends of Iowa Award – Unified Claims: City Manager recommending approval of Development Code was presented by Planning the renewal rates from Alternative Services Con- Services Manager Laura Carstens; and Iowa cepts (ASC) for services related to the administra- Chapter of the American Planning Association – tion of the City’s Worker’s Compensation Pro- Sustainable Dubuque was presented by Sustain- gram. Upon motion the documents were received, able Community Coordinator Cori Burbach. filed, and approved. PROCLAMATIONS Trail Project at the Bergfeld Recreation Area: City Manager recommending acceptance of the Hospice Month (November 2010) was ac- Trail Project at the Bergfeld Recreation Area as cepted by Carole Carroll, Hospice of Dubuque, completed by Drew Cook and Sons Excavating in 2255 JFK Road; Philanthropy Day (November 15, the final contract amount of $444,582.00. Upon 2010) was accepted by Dan McCarthy, Finley motion the documents were received and filed and Health Foundation, 350 N. Grandview Avenue; Resolution No. 416-10 Accepting the Trail Project and Dubuque Main Street Week (November 1 – 7, at the Bergfeld Recreation Area and authorizing 2010) was accepted by DMS Executive Director payment of the contract amount to the contractor Dan LoBianco. was adopted. CONSENT ITEMS RESOLUTION NO. 416-10 ACCEPTING THE TRAIL PROJECT AT THE Motion by Lynch to receive and file the docu- BERGFELD RECREATION AREA AND AU- ments, adopt the resolutions, and dispose of as THORIZING THE PAYMENT OF THE CON- indicated. Seconded by Voetberg. Motion carried TRACT AMOUNT TO THE CONTRACTOR 7-0. Whereas, the Public Improvement Contract for the Trail Project at the Bergfeld Recreation Area Minutes and Reports Submitted: Arts and Cul- (the Project) has been completed and the City tural Affairs Advisory Commission of 8/31; City Engineer has examined the work and filed a certif- Council of 10/18; Historic Preservation Commis- icate stating that the Project has been completed sion of 10/21; Library Board of 8/26 according to the terms of the Public Improvement Proof of publication of City Council Proceed- Contract and that the City Engineer recommends ings of October 4 and 12, 2010 and List of Claims that the Project be accepted. and Summary of Revenues for Month Ended Sep- tember 30, 2010 Book 140 Regular Session, November 1, 2010 455 NOW THEREFORE, BE IT RESOLVED BY Section 2. The Finance Director is hereby di- THE CITY COUNCIL OF THE CITY OF DUBU-rected to pay to the Contractor from the Catfish QUE, IOWA: Interceptor Reconstruction and North Fork Sanita- Section 1. The recommendation of the City ry Sewer Improvements appropriations for the Engineer is approved and the Project is hereby contract amount of $719,884.12 less any retained accepted. percentage provided for therein as provided in Section 2. The Finance Director is hereby di-Iowa Code Chapter 573, and to pay such retai- rected to pay to the Contractor from the Trail nage only in accordance with the provisions of Project at the Bergfeld Recreation Area, CIP #360-Iowa Code Chapter 573. st 1943 appropriation for the contract amount of Passed, approved and adopted this 1 day of $444,582 less any retained percentage provided November, 2010. for therein as provided in Iowa Code Chapter 573, Roy D. Buol, Mayor and to pay such retainage only in accordance with Attest: Jeanne F. Schneider, CMC, City Clerk the provisions of Iowa Code Chapter 573. CITY ENGINEER’S CERTIFICATE OF FINAL Passed, approved and adopted this 1st day of COMPLETION OF THE NORTH FORK CAT- November, 2010. FISH CREEK STORMWATER AND SANITA- Roy D. Buol, Mayor RY SEWER IMPROVEMENTS PROJECT – Attest: Jeanne F. Schneider, CMC, City Clerk PHASE I Iowa Section of the American Water Works The undersigned City Engineer of the City of Association: City Manager advising that Water Dubuque, Iowa, hereby certifies that he has in- Department Manager Bob Green has been spected the North Fork Catfish Creek Stormwater elected to the Chair position of the Iowa Section of and Sanitary Sewer Improvements Project – the American Water Works Association Board of Phase I, that the Project has been performed in Directors. Upon motion the documents were re-compliance with the terms of the Public Improve- ceived and filed. ment Contract, and that the total cost of the com- pleted work is $896,932.65. th North Fork Catfish Creek Stormwater and Sa-Dated this 25 day of October, 2010. nitary Sewer Improvements Project – Phase I: City Gus Psihoyos. City Engineer th Manager recommending acceptance of the North Filed in the office of the City Clerk on the 28 Fork Catfish Creek Stormwater and Sanitary day of October, 2010. Sewer Improvements Project – Phase I as com-Jeanne F. Schneider, CMC, City Clerk pleted by Anstoetter Construction Co., in the final contract amount of $719,884.12. Upon motion the North Fork Catfish Creek Stormwater and Sa- documents were received and filed and Resolu-nitary Sewer Improvements Project – Phase II: tion No. 417-10 Accepting the North Fork Catfish City Manager recommending acceptance of the Creek Stormwater and Sanitary Sewer Improve-North Fork Catfish Creek Stormwater and Sanitary ments Project – Phase I and authorizing payment Sewer Improvements Project – Phase II as com- of the contract amount to the contractor was pleted by Portzen Construction, Inc., in the final adopted. contract amount of $1,052,308.47. Upon motion the documents were received and filed and Reso- RESOLUTION NO. 417-10 lution No. 418-10 Accepting the North Fork Catfish ACCEPTING THE NORTH FORK CATFISH Creek Stormwater and Sanitary Sewer Improve- CREEK STORMWATER AND SANITARY ments Project – Phase II and authorizing payment SEWER IMPROVEMENTS PROJECT – of the contract amount to the contractor was PHASE I AND AUTHORIZING THE PAY- adopted. MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR RESOLUTION NO. 418-10 ACCEPTING THE NORTH FORK CATFISH Whereas, the Public Improvement Contract for CREEK STORMWATER AND SANITARY the North Fork Catfish Creek Stormwater and SEWER IMPROVEMENTS PROJECT – Sanitary Sewer Improvements Project – Phase I PHASE II AND AUTHORIZING THE PAY- (the Project) has been completed and the City MENT OF THE CONTRACT AMOUNT TO Engineer has examined the work and filed a certif- THE CONTRACTOR icate stating that the Project has been completed according to the terms of the Public Improvement Whereas, the Public Improvement Contract for Contract and that the City Engineer recommends the North Fork Catfish Creek Stormwater and that the Project be accepted. Sanitary Sewer Improvements Project – Phase II NOW THEREFORE, BE IT RESOLVED BY (the Project) has been completed and the City THE CITY COUNCIL OF THE CITY OF DUBU-Engineer has examined the work and filed a certif- QUE, IOWA: icate stating that the Project has been completed Section 1. The recommendation of the City according to the terms of the Public Improvement Engineer is approved and the Project is hereby Contract and that the City Engineer recommends accepted. that the Project be accepted. 456 Regular Session, November 1, 2010 Book 140 NOW THEREFORE, BE IT RESOLVED BY Sanitary Sewer Improvements Project – Phase III THE CITY COUNCIL OF THE CITY OF DUBU-(the Project) has been completed and the City QUE, IOWA: Engineer has examined the work and filed a certif- Section 1. The recommendation of the City icate stating that the Project has been completed Engineer is approved and the Project is hereby according to the terms of the Public Improvement accepted. Contract and that the City Engineer recommends Section 2. The Finance Director is hereby di-that the Project be accepted. rected to pay to the Contractor from the Catfish NOW THEREFORE, BE IT RESOLVED BY Interceptor Reconstruction, North Fork Sanitary THE CITY COUNCIL OF THE CITY OF DUBU- Sewer Improvements, and the Pennsylvania/John QUE, IOWA: F. Kennedy Culvert Improvement appropriations Section 1. The recommendation of the City for the contract amount $1,052,308.47 less any Engineer is approved and the Project is hereby retained percentage provided for therein as pro-accepted. vided in Iowa Code Chapter 573, and to pay such Section 2. The Finance Director is hereby di- retainage only in accordance with the provisions of rected to pay to the Contractor from the Catfish Iowa Code Chapter 573. Interceptor Reconstruction, North Fork Sanitary st Passed, approved and adopted this 1 day of Sewer Improvements, Key Way Channel and November, 2010. Culvert Improvements, Key Way to Rosemont Roy D. Buol, Mayor Channel Improvements, Rosemont Culvert Im- Attest: Jeanne F. Schneider, CMC, City Clerk provements, Rosemont to NW Arterial Channel Improvements appropriations for the contract CITY ENGINEER’S CERTIFICATE OF FINAL amount $1,626,471.56 less any retained percen- COMPLETION OF THE NORTH FORK CAT- tage provided for therein as provided in Iowa Code FISH CREEK STORMWATER AND SANITA- Chapter 573, and to pay such retainage only in RY SEWER IMPROVEMENTS PROJECT – accordance with the provisions of Iowa Code PHASE II Chapter 573. st The undersigned City Engineer of the City of Passed, approved and adopted this 1 day of Dubuque, Iowa, hereby certifies that he has in-November, 2010. spected the North Fork Catfish Creek Stormwater Roy D. Buol, Mayor and Sanitary Sewer Improvements Project – Attest: Jeanne F. Schneider, CMC, City Clerk Phase II, that the Project has been performed in CITY ENGINEER’S CERTIFICATE OF FINAL compliance with the terms of the Public Improve- COMPLETION OF THE NORTH FORK CAT- ment Contract, and that the total cost of the com- FISH CREEK STORMWATER AND SANITA- pleted work is $1,215,817.24. th RY SEWER IMPROVEMENTS PROJECT – Dated this 26 day of October, 2010. PHASE III Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 The undersigned City Engineer of the City of day of October, 2010. Dubuque, Iowa, hereby certifies that he has in- Jeanne F. Schneider, CMC, City Clerk spected the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – North Fork Catfish Creek Stormwater and Sa-Phase III, that the Project has been performed in nitary Sewer Improvements Project – Phase III: compliance with the terms of the Public Improve- City Manager recommending acceptance of the ment Contract, and that the total cost of the com- North Fork Catfish Creek Stormwater and Sanitary pleted work is $1,847,577.95. th Sewer Improvements Project – Phase III as com-Dated this 26 day of October, 2010. pleted by Portzen Construction, Inc., in the final Gus Psihoyos, City Engineer th contract amount of $1,626,471.56. Upon motion Filed in the office of the City Clerk on the 28 the documents were received and filed and Reso-day of October, 2010. lution No. 419-10 Accepting the North Fork Catfish Jeanne F. Schneider, CMC, City Clerk Creek Stormwater and Sanitary Sewer Improve- ments Project – Phase III and authorizing payment National Mississippi River Museum and Aqua- of the contract amount to the contractor was rium Rivers Center Project – Phase II: City Man- adopted. ager recommending acceptance of the construc- tion contracts for the National Mississippi River RESOLUTION NO. 419-10 Museum and Aquarium Rivers Center Project – ACCEPTING THE NORTH FORK CATFISH Phase II. Upon motion the documents were re- CREEK STORMWATER AND SANITARY ceived and filed; and SEWER IMPROVEMENTS PROJECT – Resolution No. 420-10 Accepting the National PHASE III AND AUTHORIZING THE PAY- Mississippi River Museum and Aquarium Rivers MENT OF THE CONTRACT AMOUNT TO Center Project – Phase II (Iowa DOT No. EDP- THE CONTRACTOR 2100 (652)—7Y-31), Contract No. 1 – General Whereas, the Public Improvement Contract for Construction, authorizing payment of the contract the North Fork Catfish Creek Stormwater and amount to the contractor; Book 140 Regular Session, November 1, 2010 457 Resolution No. 421-10 Accepting the National Chapter 573, and to pay such retainage only in Mississippi River Museum and Aquarium Rivers accordance with the provisions of Iowa Code Center Project – Phase II (Iowa DOT No. EDP-Chapter 573. st 2100 (652)—7Y-31), Contract No. 2 – Food Ser-Passed, approved and adopted this 1 day of vice, authorizing payment of the contract amount November, 2010. to the contractor; Roy D. Buol, Mayor Resolution No. 422-10 Accepting the National Attest: Jeanne F. Schneider, CMC, City Clerk Mississippi River Museum and Aquarium Rivers CITY ENGINEER’S CERTIFICATE OF FINAL Center Project – Phase II (Iowa DOT No. EDP- COMPLETION OF THE NATIONAL MISSIS- 2100 (652)—7Y-31), Contract No. 4 –Plumbing SIPPI RIVER MUSEUM AND AQUARIUM Systems, authorizing payment of the contract RIVERS CENTER PROJECT – PHASE II amount to the contractor; (IOWA DOT NO. EDP-2100 (652)--7Y-31), Resolution No. 423-10 Accepting the National CONTRACT NO. 1 – GENERAL CON- Mississippi River Museum and Aquarium Rivers STRUCTION Center Project – Phase II (Iowa DOT No. EDP- 2100 (652)—7Y-31), Contract No. 5 –HVAC Sys-The undersigned City Engineer of the City of tems, authorizing payment of the contract amount Dubuque, Iowa, hereby certifies that he has in- to the contractor; spected the National Mississippi River Museum Resolution No. 424-10 Accepting the National and Aquarium Rivers Center Project – Phase II, Mississippi River Museum and Aquarium Rivers Contract No. 1 – General Construction, that the Center Project – Phase II (Iowa DOT No. EDP-Project has been performed in compliance with 2100 (652)—7Y-31), Contract No. 6 – Geothermal the terms of the Public Improvement Contract, and Well Systems, authorizing payment of the contract that the total cost of the completed work is amount to the contractor; and $2,359,048.00. th Resolution No. 425-10 Accepting the National Dated this 26 day of October, 2010. Mississippi River Museum and Aquarium Rivers Gus Psihoyos, City Engineer th Center Project – Phase II (Iowa DOT No. EDP-Filed in the office of the City Clerk on the 28 2100 (652)—7Y-31), Contract No. 7 –Electrical day of October, 2010. System, authorizing payment of the contract Jeanne F. Schneider, CMC, City Clerk amount to the contractor were adopted. RESOLUTION NO. 421-10 RESOLUTION NO. 420-10 ACCEPTING THE NATIONAL MISSISSIPPI ACCEPTING THE NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II (IOWA DOT CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 2 – FOOD SERVICE, AUTHORIZING NO. 1 – GENERAL CONSTRUCTION, AU-THE PAYMENT OF THE CONTRACT THORIZING THE PAYMENT OF THE CON-AMOUNT TO THE CONTRACTOR TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Whereas, the Public Improvement Contract for the National Mississippi River Museum and Aqua- the National Mississippi River Museum and Aqua-rium Rivers Center Project – Phase II, Contract rium Rivers Center Project – Phase II, Contract No. 2 – Food Service (the Project) has been com- No. 1 – General Construction (the Project) has pleted and the City Engineer has examined the been completed and the City Engineer has ex-work and filed a certificate stating that the Project amined the work and filed a certificate stating that has been completed according to the terms of the the Project has been completed according to the Public Improvement Contract and that the City terms of the Public Improvement Contract and that Engineer recommends that the Project be ac- the City Engineer recommends that the Project be cepted. accepted. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- THE CITY COUNCIL OF THE CITY OF DUBU-QUE, IOWA: QUE, 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 di- Section 2. The Finance Director is hereby di-rected to pay to the Contractor from the Rivers to rected to pay to the Contractor from the Rivers to the Sea Exhibit Grant (EDP-2100(652)--7Y-31) the Sea Exhibit Grant (EDP-2100(652)--7Y-31) ($93,112.00), and the City shall be reimbursed in ($1,828,469.60), and the City shall be reimbursed the amount of $23,278.00 from the Dubuque in the amount of $530,578.40 from the Dubuque County Historical Society for the contract amount County Historical Society for the contract amount of $116,390.00 less any retained percentage pro- of $2,359,048.00 less any retained percentage vided for therein as provided in Iowa Code Chap- provided for therein as provided in Iowa Code ter 573, and to pay such retainage only in accor- 458 Regular Session, November 1, 2010 Book 140 dance with the provisions of Iowa Code Chapter Roy D. Buol, Mayor 573. Attest: Jeanne F. Schneider, CMC, City Clerk st Passed, approved and adopted this 1 day of CITY ENGINEER’S CERTIFICATE OF FINAL November, 2010. COMPLETION OF THE NATIONAL MISSIS- Roy D. Buol, Mayor SIPPI RIVER MUSEUM AND AQUARIUM Attest: Jeanne F. Schneider, CMC, City Clerk RIVERS CENTER PROJECT – PHASE II CITY ENGINEER’S CERTIFICATE OF FINAL (IOWA DOT NO. EDP-2100 (652)--7Y-31), COMPLETION OF THE NATIONAL MISSIS-CONTRACT NO. 4 – PLUMBING SYSTEMS SIPPI RIVER MUSEUM AND AQUARIUM The undersigned City Engineer of the City of RIVERS CENTER PROJECT – PHASE II Dubuque, Iowa, hereby certifies that he has in- (IOWA DOT NO. EDP-2100 (652)--7Y-31), spected the National Mississippi River Museum CONTRACT NO. 2 – FOOD SERVICE and Aquarium Rivers Center Project – Phase II, The undersigned City Engineer of the City of Contract No. 4 – Plumbing Systems, that the Dubuque, Iowa, hereby certifies that he has in-Project has been performed in compliance with spected the National Mississippi River Museum the terms of the Public Improvement Contract, and and Aquarium Rivers Center Project – Phase II, that the total cost of the completed work is Contract No. 2 – Food Service, that the Project $332,094.35. th has been performed in compliance with the terms Dated this 26 day of October, 2010. of the Public Improvement Contract, and that the Gus Psihoyos, City Engineer th total cost of the completed work is $116,390.00. Filed in the office of the City Clerk on the 28 th Dated this 26 day of October, 2010. day of October, 2010. Gus Psihoyos, City Engineer Jeanne F. Schneider, CMC, City Clerk th Filed in the office of the City Clerk on the 28 RESOLUTION NO. 423-10 day of October, 2010. ACCEPTING THE NATIONAL MISSISSIPPI Jeanne F. Schneider, CMC, City Clerk RIVER MUSEUM AND AQUARIUM RIVERS RESOLUTION NO. 422-10 CENTER PROJECT – PHASE II (IOWA DOT ACCEPTING THE NATIONAL MISSISSIPPI NO. EDP-2100 (652)--7Y-31), CONTRACT RIVER MUSEUM AND AQUARIUM RIVERS NO. 5 – HVAC SYSTEMS, AUTHORIZING CENTER PROJECT – PHASE II (IOWA DOT THE PAYMENT OF THE CONTRACT NO. EDP-2100 (652)--7Y-31), CONTRACT AMOUNT TO THE CONTRACTOR NO. 4 – PLUMBING SYSTEMS, AUTHORIZ- Whereas, the Public Improvement Contract for ING THE PAYMENT OF THE CONTRACT the National Mississippi River Museum and Aqua- AMOUNT TO THE CONTRACTOR rium Rivers Center Project – Phase II, Contract Whereas, the Public Improvement Contract for No. 5 – HVAC Systems, (the Project) has been the National Mississippi River Museum and Aqua-completed and the City Engineer has examined rium Rivers Center Project – Phase II, Contract the work and filed a certificate stating that the No. 4 – Plumbing Systems, (the Project) has been Project has been completed according to the completed and the City Engineer has examined terms of the Public Improvement Contract and that the work and filed a certificate stating that the the City Engineer recommends that the Project be Project has been completed according to the accepted. terms of the Public Improvement Contract and that NOW THEREFORE, BE IT RESOLVED BY the City Engineer recommends that the Project be THE CITY COUNCIL OF THE CITY OF DUBU- accepted. QUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. The recommendation of the City THE CITY COUNCIL OF THE CITY OF DUBU-Engineer is approved and the Project is hereby QUE, IOWA: accepted. Section 1. The recommendation of the City Section 2. The Finance Director is hereby di- Engineer is approved and the Project is hereby rected to pay to the Contractor from the Rivers to accepted. the Sea Exhibit Grant (EDP-2100(652)--7Y-31) Section 2. The Finance Director is hereby di-($1,323,692.00), and the City shall be reimbursed rected to pay to the Contractor from the Rivers to in the amount of $340,912.00 from the Dubuque the Sea Exhibit Grant (EDP-2100(652)--7Y-31) County Historical Society for the contract amount ($256,408.12), and the City shall be reimbursed in of $1,664,604.00 less any retained percentage the amount of $75,686.23 from the Dubuque provided for therein as provided in Iowa Code County Historical Society for the contract amount Chapter 573, and to pay such retainage only in of $332,094.35 less any retained percentage pro-accordance with the provisions of Iowa Code vided for therein as provided in Iowa Code chapter Chapter 573. st 573, and to pay such retainage only in accordance Passed, approved and adopted this 1 day of with the provisions of Iowa Code chapter 573. November, 2010. st Passed, approved and adopted this 1 day of Roy D. Buol, Mayor November, 2010. Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Regular Session, November 1, 2010 459 CITY ENGINEER’S CERTIFICATE OF FINAL CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NATIONAL MISSIS- COMPLETION OF THE NATIONAL MISSIS-SIPPI RIVER MUSEUM AND AQUARIUM SIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II RIVERS CENTER PROJECT – PHASE II (IOWA DOT NO. EDP-2100 (652)--7Y-31), (IOWA DOT NO. EDP-2100 (652)--7Y-31), CONTRACT NO. 6 – GEOTHERMAL WELL CONTRACT NO. 5 – HVAC SYSTEMS SYSTEMS The undersigned City Engineer of the City of The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in-Dubuque, Iowa, hereby certifies that he has in- spected the National Mississippi River Museum spected the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II, and Aquarium Rivers Center Project – Phase II, Contract No. 5 – HVAC Systems, that the Project Contract No. 6 – Geothermal Well Systems, that has been performed in compliance with the terms the Project has been performed in compliance of the Public Improvement Contract, and that the with the terms of the Public Improvement Contract, total cost of the completed work is $1,664,604.00. and that the total cost of the completed work is th Dated this 26 day of October, 2010. $427,800.63. th Gus Psihoyos, City Engineer Dated this 26 day of October, 2010. th Filed in the office of the City Clerk on the 28 Gus Psihoyos, City Engineer th day of October, 2010. Filed in the office of the City Clerk on the 28 Jeanne F. Schneider, CMC, City Clerk day of October, 2010. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 424-10 ACCEPTING THE NATIONAL MISSISSIPPI RESOLUTION NO. 425-10 RIVER MUSEUM AND AQUARIUM RIVERS ACCEPTING THE NATIONAL MISSISSIPPI CENTER PROJECT – PHASE II (IOWA DOT RIVER MUSEUM AND AQUARIUM RIVERS NO. EDP-2100 (652)--7Y-31), CONTRACT CENTER PROJECT – PHASE II (IOWA DOT NO. 6 – GEOTHERMAL WELL SYSTEMS, NO. EDP-2100 (652)--7Y-31), CONTRACT AUTHORIZING THE PAYMENT OF THE NO. 7 – ELECTRICAL SYSTEMS, AUTHO- CONTRACT AMOUNT TO THE CONTRAC-RIZING THE PAYMENT OF THE CONTRACT TOR AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Whereas, the Public Improvement Contract for the National Mississippi River Museum and Aqua-the National Mississippi River Museum and rium Rivers Center Project – Phase II, Contract Aquarium Rivers Center Project – Phase II, No. 6 – Geothermal Well Systems, (the Project) Contract No. 7 – Electrical Systems, (the has been completed and the City Engineer has Project) has been completed and the City En- examined the work and filed a certificate stating gineer has examined the work and filed a cer- that the Project has been completed according to tificate stating that the Project has been com- the terms of the Public Improvement Contract and pleted according to the terms of the Public that the City Engineer recommends that the Improvement Contract and that the City Engi- Project be accepted. neer recommends that the Project be ac- NOW THEREFORE, BE IT RESOLVED BY cepted. THE CITY COUNCIL OF THE CITY OF DUBU-NOW THEREFORE, BE IT RESOLVED BY QUE, IOWA: THE CITY COUNCIL OF THE CITY OF DUBU- Section 1. The recommendation of the City QUE, IOWA: Engineer is approved and the Project is hereby Section 1. The recommendation of the City accepted. Engineer is approved and the Project is hereby Section 2. The Finance Director is hereby di-accepted. rected to pay to the Contractor from the Rivers to Section 2. The Finance Director is hereby di- the Sea Exhibit Grant (EDP-2100(652)--7Y-31) rected to pay to the Contractor from the Rivers to ($327,936.04), and the City shall be reimbursed in the Sea Exhibit Grant (EDP-2100(652)--7Y-31) the amount of $99,864.59 from the Dubuque ($666,857.24), and the City shall be reimbursed in County Historical Society for the contract amount the amount of $229,887.31 from the Dubuque of $427,800.63 less any retained percentage pro-County Historical Society for the contract amount vided for therein as provided in Iowa Code Chap-of $896,744.55 less any retained percentage pro- ter 573, and to pay such retainage only in accor-vided for therein as provided in Iowa Code Chap- dance with the provisions of Iowa Code Chapter ter 573, and to pay such retainage only in accor- 573. dance with the provisions of Iowa Code Chapter st Passed, approved and adopted this 1 day of 573. st November, 2010. Passed, approved and adopted this 1 day of Roy D. Buol, Mayor November, 2010. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 460 Regular Session, November 1, 2010 Book 140 CITY ENGINEER’S CERTIFICATE OF FINAL City of Dubuque and the Iowa Department of COMPLETION OF THE NATIONAL MISSIS- Transportation be approved for the PCC pave- SIPPI RIVER MUSEUM AND AQUARIUM ment widening and traffic signals at the intersec- RIVERS CENTER PROJECT – PHASE II tions of Maquoketa Drive and Twin Valley Drive. (IOWA DOT NO. EDP-2100 (652)--7Y-31), Section 2. That the Mayor be authorized and CONTRACT NO. 7 – ELECTRICAL SYS- directed to execute two copies of Iowa DOT TEMS Agreement for a Iowa Clean Air Attainment Pro- The undersigned City Engineer of the City of gram (ICAAP) Project (Agreement 6-10-STPA-26) Dubuque, Iowa, hereby certifies that he has in-for the US 151/61 at US 52 and US 151/61 at spected the National Mississippi River Museum Maquoketa Drive Traffic Signal Project. st and Aquarium Rivers Center Project – Phase II, Passed, approved and adopted this 1 day of Contract No. 7 – Electrical Systems, that the November, 2010. Project has been performed in compliance with Roy D. Buol, Mayor the terms of the Public Improvement Contract, and Attest: Jeanne F. Schneider, CMC, City Clerk that the total cost of the completed work is $896,744.55. US 151/61 Capacity Improvements Project – th Dated this 26 day of October, 2010. Consultant Selection: City Manager recommend- Gus Psihoyos, City Engineer ing approval of the selection of IIW Engineers and th Filed in the office of the City Clerk on the 28 Surveyors, P.C. to perform the street geometric day of October, 2010. and traffic signal engineering design for the im- Jeanne F. Schneider, CMC, City Clerk provements along US 151/61 from US 52/Twin Valley to the Maquoketa Drive Intersection and US 151/61 at US 52 and US 151/61 at Maqu-authorize the City Manager to negotiate a profes- oketa Drive Traffic Signal Project: City Manager sional Services Agreement and execute a contract recommending approval of the execution of the with IIW Engineers and Surveyors, P.C. Upon Iowa Department of Transportation (Iowa DOT) motion the documents were received, filed, and Agreement for Iowa Clean Air Attainment Program approved. (ICAAP) funding for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal 2009 Sewer Cured-in-Place (CIPP) Pipe Lin- Project. Upon motion the documents were re-ing Project: City Manager recommending accep- ceived and filed and Resolution No. 426-10 Ap-tance of the 2009 Sewer Cured-in-Place Pipe proving the Iowa Department of Transportation (CIPP) Lining Project, as completed by Visu- Federal Aid Funding Agreement for an Iowa Clean Sewer Clean & Seal, in the final contract amount Air Attainment Program (ICAAP) Project (Agree-of $142,254.15. Upon motion the documents were ment No. 6-10-STPA-26) for the US 151/61 at US received and filed and Resolution No. 427-10 Ac- 52 and US 151/61 at Maquoketa Drive Traffic cepting the 2009 Sewer CIPP Lining Project and Signal Project was adopted. authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 426-10 APPROVING THE IOWA DEPARTMENT OF RESOLUTION NO. 427-10 TRANSPORTATION AGREEMENT FOR A ACCEPTING THE 2009 SEWER CURED-IN- IOWA CLEAN AIR ATTAINMENT PROGRAM PLACE PIPE (CIPP) LINING PROJECT AND (ICAAP) PROJECT (AGREEMENT NO. 6-10-AUTHORIZING THE PAYMENT OF THE STPA-26) FOR THE US 151/61 AT US 52 CONTRACT AMOUNT TO THE CONTRAC- AND US 151/61 AT MAQUOKETA DRIVE TOR TRAFFIC SIGNAL PROJECT Whereas, the Public Improvement Contract for Whereas, the Iowa Department of Transporta-the 2009 Sewer Cured-In-Place Pipe (CIPP) Lin- tion (Iowa DOT) has authorized the use of Iowa ing Project (the Project) has been completed and Clean Air Attainment Program (ICAAP) funds for the City Engineer has examined the work and filed the PCC pavement widening and traffic signals at a certificate stating that the Project has been com- the intersections of Maquoketa Drive and Twin pleted according to the terms of the Public Im- Valley Drive. provement Contract and that the City Engineer Whereas, the Iowa DOT ICAAP funds will be recommends that the Project be accepted. eligible to complete said improvements to the US NOW THEREFORE, BE IT RESOLVED BY 151/61 at US 52 and US 151/61 at Maquoketa THE CITY COUNCIL OF THE CITY OF DUBU- Drive Traffic Signal Project, within Dubuque Coun-QUE, IOWA: ty, Iowa. Section 1. The recommendation of the City NOW THEREFORE, BE IT RESOLVED BY Engineer is approved and the Project is hereby THE CITY COUNCIL OF THE CITY OF DUBU-accepted. QUE, IOWA: Section 2. The Finance Director is hereby di- Section 1. That said Iowa DOT Agreement for rected to pay to the Contractor from the Sanitary a Iowa Clean Air Attainment Program (ICAAP) Sewer Lining and General Storm Sewer Repairs Project (Agreement 6-10-STPA-26) between the appropriations for the contract amount of Book 140 Regular Session, November 1, 2010 461 $142,254.15 less any retained percentage pro-ation for the contract amount of $81,567.83 less vided for therein as provided in Iowa Code Chap-any retained percentage provided for therein as ter 573, and to pay such retainage only in accor-provided in Iowa Code Chapter 573, and to pay dance with the provisions of Iowa Code Chapter such retainage only in accordance with the provi- 573. sions of Iowa Code Chapter 573. stst Passed, approved and adopted this 1 day of Passed, approved and adopted this 1 day of November, 2010. November, 2010. Roy D. Buol, Mayor Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 SEWER COMPLETION OF THE DUBUQUE RE- CURED-IN-PLACE PIPE (CIPP) LINING GIONAL AIRPORT JET CENTER DRIVE PROJECT RESURFACING PROJECT The undersigned City Engineer of the City of The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has in-Dubuque, Iowa, hereby certifies that he has in- spected the 2009 Sewer Cured-In-Place Pipe spected the Dubuque Regional Airport Jet Center (CIPP) Lining Project, that the Project has been Drive Resurfacing Project, that the Project has performed in compliance with the terms of the been performed in compliance with the terms of Public Improvement Contract, and that the total the Public Improvement Contract, and that the cost of the completed work is $145,059.39. total cost of the completed work is $85,488.01. thth Dated this 26 day of October, 2010. Dated this 26 day of October, 2010. Gus Psihoyos, City Engineer Gus Psihoyos, City Engineer thth Filed in the office of the City Clerk on the 28 Filed in the office of the City Clerk on the 28 day of October, 2010. day of October, 2010. Jeanne F. Schneider, CMC, City Clerk Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Airport Jet Center Drive Bee Branch Creek Restoration Project – Resurfacing Project: City Manager recommending Property Acquisition: City Manager recommending acceptance of the Dubuque Regional Airport Jet approval to purchase a commercial property lo- Center Drive Resurfacing Project as completed by cated at 501 Rhomberg Avenue as part of the Eastern Iowa Excavating & Concrete, LLC, in the acquisition program associated with the Bee final contract amount of $81,567.83. Upon motion Branch Creek Restoration Project. Upon motion the documents were received and filed and Reso-the documents were received and filed and Reso- lution No. 428-10 Accepting the Dubuque Region-lution No. 429-10 Approving the acquisition of real al Airport Jet Center Drive Resurfacing Project and estate owned by Steven J. Smith and Gary L. authorizing payment of the contract amount to the Carner in the City of Dubuque was adopted. contractor was adopted. RESOLUTION NO. 429-10 RESOLUTION NO. 428-10 APPROVING THE ACQUISITION OF REAL ACCEPTING THE DUBUQUE REGIONAL ESTATE OWNED BY STEVEN J. SMITH AIRPORT JET CENTER DRIVE RESURFAC-AND GARY L. CARNER IN THE CITY OF ING PROJECT AND AUTHORIZING THE DUBUQUE PAYMENT OF THE CONTRACT AMOUNT Whereas,the City of Dubuque intends to ac- TO THE CONTRACTOR quire certain properties located in the area of the Whereas, the Public Improvement Contract for Bee Branch Creek Restoration Project for storm- the Dubuque Regional Airport Jet Center Drive water mitigation activities as recommended in the Resurfacing Project (the Project) has been com-Drainage Basin Master Plan; and pleted and the City Engineer has examined the Whereas,a purchase agreement has been fi- work and filed a certificate stating that the Project nalized with the owner of the property scheduled has been completed according to the terms of the for acquisition. Public Improvement Contract and that the City NOW, THEREFORE, BE IT RESOLVED BY Engineer recommends that the Project be ac-THE CITY COUNCIL OF THE CITY OF DUBU- cepted. QUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the City of Dubuque hereby THE CITY COUNCIL OF THE CITY OF DUBU-approves the acquisition of the following legally QUE, IOWA: described property: Lot 1 of Lot 11 and Lot 2 of Lot Section 1. The recommendation of the City 12, Smedley’s Subdivision, all in the City of Dubu- Engineer is approved and the Project is hereby que, Dubuque County, Iowa, at the cost of Ninety accepted. Thousand and 00/100 Dollars ($90,000.00). Section 2. The Finance Director is hereby di-Section 2. That the City of Dubuque be and is rected to pay to the Contractor from the Asphalt hereby authorized to accept a Quit Claim deed Pavement Maintenance for Parking Lots appropri-from the owner, conveying the owner’s interest to 462 Regular Session, November 1, 2010 Book 140 the City of Dubuque, Iowa for the herein described CAT Marketing Grant Program funding for the real estate. Mines of Spain and City Bilingual Trail System. st Section 3. That the City Clerk be and is hereby Passed, approved and adopted this 1 day of authorized and directed to cause said Quit Claim November 2010. Deed to be recorded in the office of the Dubuque Roy D. Buol, Mayor County Recorder, together with certified copy of Attest: Jeanne F. Schneider, CMC, City Clerk the Resolution. Section 4. That the City Clerk be and is hereby Federal Emergency Management Agency: directed to forward a copy of this Resolution to the City Manager recommending approval of a re- Dubuque County Assessor and the Dubuque sponse letter to FEMA which outlines the City’s County Auditor. concern with the FEMA DFIRM mapping project st Passed, approved and adopted this 1 day of as it affects the City of Dubuque and clarifies the November, 2010. inclusion of the Julien Dubuque Monument in a Roy D. Buol, Mayor special flood hazard area. Upon motion the docu- Attest: Jeanne F. Schneider, CMC, City Clerk ments were received, filed, and approved. Certification of Local Government Approval: Historic Preservation Commission Correspon- City Manager recommending City Council certifi-dence: Correspondence from the Historic Preser- cation to the Iowa Finance Authority for Project vation Commission regarding the Dubuque Com- Concern’s Homeless Shelter Operating Grant munity School District proposed school closures. funding. Upon motion the documents were re-Upon motion the document was received and ceived, filed, and approved. filed. Community Attraction and Tourism (CAT) Historic Millwork District Parking Lot Design – Marketing Grant Application: City Manager re-Request for Proposals: City Manager recommend- commending approval of a $15,000 Community ing approval of the issuance of a Request for Pro- Attraction and Tourism (CAT) Marketing Grant posals for the Historic Millwork District Parking Lot application for marketing the Mines of Spain and Design. Upon motion the documents were re- the City’s bilingual bike/hike trail system. Upon ceived, filed, and approved. motion the documents were received and filed and Resolution No. 430-10 Support of a CAT Market-“Timmy” Award: Communication from Mary ing Program Grant Application for the Mines of Mulgrew Gronen advising that the Roshek Build- Spain and City Bilingual Trail System was ing Redevelopment Project has won the “Best adopted. Historic Rehab Utilizing New Markets Tax Credits” Timmy Award from the National Housing and Re- RESOLUTION NO. 430-10 habilitation Association. SUPPORT OF CAT MARKETING PROGRAM October 2010 Tax Credit Advisor Magazine GRANT APPLICATION FOR THE MINES OF with 2010 Timmy Award finalists. SPAIN AND CITY BILINGUAL TRAIL SYS- Upon motion the documents were received TEM and filed. Whereas, the Community Attraction and Tour- ism (CAT) Marketing Grant program is designed to Shelter + Care Program Annual Report: City assist communities in the development and crea-Manager recommending certification of the Shelter tion of attractions or tourism facilities; and + Care Program annual report. Upon motion the Whereas, the City of Dubuque and the Friends documents were received, filed and approved. of the Mines of Spain jointly received a CAT grant for the expansion of the E.B. Lyons Interpretive Dubuque Racing Association: City Manager Center at the Mines of Spain; and recommending approval of the Second Amend- Whereas, the City of Dubuque’s bilingual ment to Loan Agreement between DRA and bike/hike trail system connects to the trail system American Trust and Savings Bank, the First in the Mines of Spain to create a community at-Amendment to the Assignment of the City-DRA traction; and Lease Agreement, and the First Amendment to Whereas, the City of Dubuque supports mar-the Negative Pledge Agreement between the City keting these facilities to take advantage of eco-and American Trust and Savings Bank. Upon nomic development opportunities in tourism, and motion the documents were received and filed and strengthen the community’s competitiveness as a Resolution No. 431-10 Approving the Second place to work and live. Amendment to Loan Agreement between Dubu- NOW THEREFORE, BE IT RESOLVED BY que Racing Association, Ltd. and American Trust THE CITY COUNCIL OF THE CITY OF DUBU-and Savings Bank was adopted. QUE, IOWA: Section 1. The Mayor is authorized to sign and submit this grant application to Vision Iowa for Book 140 Regular Session, November 1, 2010 463 RESOLUTION NO. 431-10 Healthy Homes Production Program Grant was APPROVING THE SECOND AMENDMENT adopted. TO LOAN AGREEMENT BETWEEN DUBU- QUE RACING ASSOCIATION, LTD. AND RESOLUTION NO. 432-10 AMERICAN TRUST & SAVINGS BANK AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HEALTHY Whereas, the City of Dubuque, Iowa (City) HOMES PRODUCTION PROGRAM GRANT leases property to Dubuque Racing Association, Ltd. (DRA) for the operation of the Mystique Casi-Whereas, the U.S. Department of Housing no; and and Urban Development has made funds availa- Whereas, the lease requires City consent to ble for the Lead Hazard Control and Healthy certain indebtedness incurred by DRA; and Homes Programs, including for lead-based paint Whereas, DRA has requested American Trust hazard control, lead hazard awareness, training, & Savings Bank (Bank) to grant to DRA two loans, community outreach, environmental assessments one loan in the amount of $5,000,000.00 and the and treatment; and other loan in the amount of $14,911,173.02; and Whereas, the City of Dubuque proposes to in- Whereas, the loans will be used by DRA to itiate a Healthy Homes Production Program in provide financing for the build–out of the Mystique Census Tracts 1, 2, 5, 6, 7.01 and 7.02. Casino; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the loans will also be used to pay off THE CITY COUNCIL OF THE CITY OF DUBU- DRA's existing indebtedness to Bank; and QUE, IOWA: Whereas, the terms and conditions of the Section 1. That the Mayor is hereby authorized loans are set forth in the Second Amendment to and directed to execute an application to the U.S. Loan Agreement, a copy of which is attached he-Department of Housing and Urban Development reto; and for a Healthy Homes Production Program Grant in Whereas, the City Council finds that consent-the amount of $1 million. ing to the Second Amendment to Loan Agreement Section 2. That the City Manager is hereby au- is in the best interests of the City of Dubuque; and thorized and directed to forward said application Whereas, the City Council has previously ap-and resulting standard executed contract to the proved an Assignment of the Lease and a Nega-respective agencies in a timely fashion and as tive Pledge Agreement between City and Bank required by the U. S. Department of Housing and with respect to DRA's existing indebtedness to Urban Development. st Bank; and Passed, approved and adopted this 1 day of Whereas, DRA has requested that the City November, 2010. consent to the attached First Amendment to the Roy D Buol, Mayor Assignment of the Lease and the First Amend-Attest: Jeanne F. Schneider, CMC, City Clerk ment to the Negative Pledge Agreement in con- nection with the Second Amendment to Loan The Best Small Cities to Raise a Family: Ar- Agreement. ticle from Yahoo! Real Estate that Forbes has NOW, THEREFORE, BE IT RESOLVED BY named Dubuque as the top ranked city of “The THE CITY COUNCIL OF THE CITY OF DUBU-Best Small Cities to Raise a Family.” Upon motion QUE, IOWA, AS FOLLOWS: the documents were received and filed. Section 1. The City Council hereby consents to the Second Amendment to Loan Agreement on Claim of Camille Blackbourn for Vehicle Dam- behalf of the City of Dubuque. age: City Attorney submitting information regard- Section 2. The First Amendment to Assign-ing the claim of Camille Blackbourn for vehicle ment of Lease Agreement and First Amendment damage. Upon motion the documents were re- to Negative Pledge Agreement are hereby ap-ceived and filed. proved and the Mayor is hereby authorized and directed to execute the Amendments on behalf of Signed Contracts: A. Water Pollution Control the City of Dubuque. Plant Upgrade Project – Strand Associates, Inc. – st Passed, approved and adopted this 1 day of Construction Related Services Agreement – November, 2010. Amendment #1; B. Water Pollution Control Plant Roy D. Buol, Mayor Upgrade Project – Strand Associates, Inc. – Co- Attest: Jeanne F. Schneider, CMC, City Clerk generation Facilities Contract; C. Water Pollution Control Plant Upgrade Project – MWH Americas, U.S. Department of Housing and Urban De-Inc. (MWH) – Environmental Contamination Con- velopment – Healthy Homes Program Funding: sulting Services; D. Water Pollution Control Plant City Manager recommending approval of an appli-Upgrade Project – Environmental Management cation to the U.S. Department of Housing and Services of Iowa, Inc. (EMSI) – Asbestos Remov- Urban Development for Healthy Homes Program al; E. Award of the North Grandview Avenue and funding. Upon motion the documents were re-Rosedale Avenue Storm Sewer Repair Project ceived and filed and Resolution No. 432-10 Autho-contract; F. Structural/Stability Analysis of Dubu- rizing the Mayor to execute an application for a 464 Regular Session, November 1, 2010 Book 140 que Levy and Floodwall. Upon motion the docu-Carolyn Fonck, Channel Inn Restaurant, 2010 ments were received and filed. ½ Kerper Blvd. L. May, Inc., L. May +(Sunday/Outdoor Sale), Liquor License Applications: City Manager re-1072 Main Street commending approval of annual liquor license CLASS “B” WINE renewals as submitted. Upon motion the docu-Aldi, Inc., Aldi, Inc. # 30, 2160 Holliday Drive ments were received and filed and Resolution No. CLASS “WBN” NATIVE WINE 433-10 Granting the issuance of a Class “C” Beer Rainbo Oil Company, Kwik Stop Food Mart, Permit to Friendly Locust Mart, Aldi, Inc. #30, and 4039 Pennsylvania Ave. Kwik Stop Food Mart; and Resolution No. 434-10 Dubuque Humane Society, DBQ Humane So- Granting the issuance of a Class “C” Beer/Liquor ciety Adoption Center, 555 JFK Road st License to Aragon Tap, Channel Inn Restaurant Passed, approved and adopted this 1 day of and L. May; a Class “B” Wine Permit to Aldi, Inc. November, 2010 #30; and a Class “WBN” Native Wine Permit to Roy D. Buol, Mayor Kwik Stop Food Mart and Dubuque Humane So-Attest: Jeanne F. Schneider, CMC, City Clerk ciety Adoption Center were adopted. PUBLIC HEARING RESOLUTION NO. 433-10 Whereas, applications for Beer Permits have Upon motion the rules were suspended allow- been submitted and filed to this Council for ap-ing anyone present to address the City Council. proval and the same have been examined and approved; and Sale of Property – 2015 Washington Street: Whereas, the premises to be occupied by Proof of publication on notice of public hearing to such applicants were inspected and found to consider the sale of property located at 2015 comply with the Ordinances of the City and have Washington Street to Jerry Chase and Julie Woo- filed proper bonds. dyard and City Manager recommending approval. NOW, THEREFORE, BE IT RESOLVED BY Motion by Jones to receive and file the documents THE CITY COUNCIL OF THE CITY OF DUBU-and adopt Resolution No. 435-10 Approving the QUE, IOWA: sale of real estate, specifically, the northerly 46 That the Manager be authorized to cause to feet of Lot 20 in Steiner’s Addition or Subdivision in be issued the following named applicants a Beer the City of Dubuque, County of Dubuque, Iowa, Permit. according to the recorded plat thereof, 2015 CLASS “C” BEER PERMIT Washington Street. Seconded by Braig. Motion Awn Stop Mart # 3, Friendly Locust Mart carried 7-0. +(Sunday Sale), 408 W. Locust Street RESOLUTION NO. 435-10 Aldi, Inc., Aldi, Inc. # 30 +(Sunday Sale), 2160 APPROVING THE SALE OF REAL ESTATE Holliday Drive SPECIFICALLY, NORTHERLY 46 FEET OF Rainbo Oil Company, Kwik Stop Food Mart LOT 20 IN STEINER’S ADDITION OR SUB- +(Sunday Sale), 4039 Pennsylvania Ave. st DIVISION IN THE CITY OF DUBUQUE Passed, approved and adopted this 1 day of COUNTY OF DUBUQUE, IOWA, ACCORD- November, 2010. ING TO THE RECORDED PLAT THEREOF – Roy D. Buol, Mayor 2015 WASHINGTON STREET Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, pursuant to a notice, duly published RESOLUTION NO. 434-10 in the Telegraph Herald newspaper, the City Whereas, applications for Liquor Licenses Council of Dubuque, Iowa, met on 1 November have been submitted to this Council for approval 2010, in the Dubuque Historic Federal Building, th and the same have been examined and approved; 350 West 6 Street, Dubuque, Iowa to consider and the proposal to dispose of City-owned real estate Whereas, the premises to be occupied by located at 2015 Washington Street, described as: such applicants were inspected and found to Northerly 46 feet of Lot 20 in Steiner’s Addition or comply with the State Laws and all City Ordin-Subdivision in the City of Dubuque, County of ances relevant thereto and they have filed proper Dubuque, Iowa, according to the recorded Plat bonds. thereof, and NOW, THEREFORE, BE IT RESOLVED BY Whereas, such purpose supports the Wash- THE CITY COUNCIL OF THE CITY OF DUBU-ington Neighborhood revitalization strategy as QUE, IOWA: approved by the City Council; and That the Manager be authorized to cause to Whereas, the City has received an offer to be issued the following named applicants a Liquor purchase this property from a qualifying house- License. hold; and CLASS “C” BEER/LIQUOR LICENSE Whereas, the City Council of the City of Dubu- Aragon Tap, Inc., Aragon Tap +(Sunday Sale), que, Iowa has overruled any and all objections, 1103 Iowa Street oral and written, to the proposal to dispose of the Book 140 Regular Session, November 1, 2010 465 interest of the City of Dubuque, Iowa, in the herein Whereas, many of the City of Dubuque’s new and above-described real estate to the below-residents have a strong desire to live near work named grantee. and entertainment; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, a significant shortage of quality THE CITY COUNCIL OF THE CITY OF DUBU-market-rate rental and owner-occupied residential QUE, IOWA: units exists and efforts are needed to encourage Section 1. That the City of Dubuque hereby new development of such units; and approves the sale of the following legally-Whereas, several downtown residential devel- described property: Northerly 46 feet of Lot 20 in opment projects need financial assistance to se- Steiner’s Addition or Subdivision in the City of cure funding for such project. Dubuque, County of Dubuque, Iowa, according to NOW THEREFORE, BE IT RESOLVED BY the recorded Plat thereof, at the cost of Ninety-one THE CITY COUNCIL OF THE CITY OF DUBU- thousand dollars ($91 000). QUE, IOWA: Section 2. That the City of Dubuque be and is Section 1. The City Council approves the Re- hereby authorized to provide a Warranty Deed to quest for Proposal for projects that are in need of the buyer, conveying the City’s interest to Jerry assistance to encourage new market-rate down- Chase and Julie Woodyard for the herein-town rental and owner-occupied residential hous- described real estate. ing units in the Greater Downtown Urban Renewal Section 3. That the City Clerk be and is hereby District. authorized and directed to cause said Warranty Section 2. That the City Manager is hereby au- Deed to be recorded in the Office of the Dubuque thorized and directed to distribute the Request for County Recorder, together with certified copy of Proposal to interested parties. st the Resolution. Passed, approved and adopted this 1 day of Section 4. That the City Clerk be and she is November, 2010. hereby authorized and directed to forward a copy Roy D. Buol, Mayor of this Resolution to the Dubuque Count Assessor Attest: Jeanne F. Schneider, CMC, City Clerk and the Dubuque County Auditor. st Passed, approved and adopted this 1 day of Alcoholic Beverages on Leisure Services November, 2010. Property: City Manager recommending approval Roy D Buol, Mayor of a change to the City ordinance which allows Attest: Jeanne Schneider, CMC, City Clerk and/or prohibits alcoholic beverages in City parks. Motion by Jones to receive and file the documents Upon motion the rules were reinstated limiting and that the requirement that a proposed ordin- discussion to the City Council. ance be 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. Responding to questions from City Council, Assistance Pool to Encourage Residential Leisure Services Manager Marie Ware clarified Housing in Downtown: City Manager recommend-that the exempted parks are gathering spots ing approval of the issuance of a Request for Pro-suited to larger functions versus the smaller com- posals for the third round of the Downtown Hous-munity parks, which tended to be located in resi- ing Incentives Program. Motion by Connors to dential areas and in proximity to schools. City At- receive and file the documents and adopt Resolu-torney Lindahl stated that Dubuque is one of the tion No. 436-10 Authorizing the City Manager to few larger Iowa cities without a possession law for solicit proposals for projects to encourage market-its parks and that possession of alcoholic beve- rate downtown rental and owner-occupied resi-rages is easier to prove than consumption. Motion dential units in the Greater Downtown Urban Re-carried 6-1 with Lynch voting nay. newal District. Seconded by Voetberg. Motion Motion by Jones for final consideration and carried 7-0. passage of Ordinance No. 58-10 Amending City of Dubuque Code of Ordinances Title 10 Public RESOLUTION NO. 436-10 Ways and Property, Chapter 5 Parks and APPROVING AUTHORIZING THE CITY Recreation, Article B Use Regulations, Section 10- MANAGER TO SOLICIT PROPOSALS FOR 5B-2 Intoxicating Beverages by prohibiting the PROJECTS TO ENCOURAGE MARKET- possession, consumption, or use of alcoholic liq- RATE DOWNTOWN RENTAL AND OWNER- uor, wine, beer, or other intoxicating beverages on OCCUPIED RESIDENTIAL UNITS IN THE park roadways and recreational trails, in park and GREATER DOWNTOWN URBAN RENEWAL recreation facility parking lots and vehicles within a DISTRICT park, and in parks, unless specifically exempted or Whereas, the City of Dubuque has been suc-permitted. Seconded by Voetberg. Motion carried cessful in encouraging job creation and retention 5-2 with Lynch and Resnick voting nay. in the community for several years; and 466 Regular Session, November 1, 2010 Book 140 OFFICIAL PUBLICATION o. Any other park with the prior written approv- ORDINANCE NO. 58-10 al of the city manager. AMENDING CITY OF DUBUQUE CODE OF 2. Subsection A shall not apply to the trans- ORDINANCES TITLE 10 PUBLIC WAYS porting of closed containers of intoxicating beve- AND PROPERTY, CHAPTER 5 PARKS AND rages on park roadways, in park and recreation RECREATION, ARTICLE B USE REGULA- facility parking lots, in vehicles located within the TIONS, SECTION 10-5B-2 INTOXICATING park, and the public parks and park and recreation BEVERAGES BY PROHIBITING THE POS- facilities listed in Subsection B(1). SESSION, CONSUMPTION, OR USE OF 3. Keg Beer: Notwithstanding Subsection B(1), ALCOHOLIC LIQUOR, WINE, BEER, OR beer in containers commonly referred to as “keg OTHER INTOXICATING BEVERAGES ON beer” shall only be permitted by a licensed holder PARK ROADWAYS AND RECREATIONAL of a beer permit who has obtained a permit from TRAILS, IN PARK AND RECREATION FA- the city manager authorizing the use of such con- CILITY PARKING LOTS AND VEHICLES tainer. WITHIN A PARK, AND IN PARKS, UNLESS Section 2. This Ordinance shall take effect on SPECIFICALLY EXEMPTED OR PERMIT- publication. st TED Passed, approved and adopted the 1day of NOW, THEREFORE, BE IT ORDAINED BY November, 2010. THE CITY COUNCIL OF THE CITY OF DUBU-/s/Roy D. Buol, Mayor QUE, IOWA: Attest: Section 1. Section 10-5B-2 of the City of Du-/s/Jeanne F. Schneider, CMC, City Clerk buque Code of Ordinances is amended to read as Published officially in the Telegraph Herald th follows: Newspaper the 5 day of November, 2010. 10-5B-2: INTOXICATING BEVERAGES: /s/Jeanne F. Schneider, CMC, City Clerk A. Possession, Consumption, Or Use of Alco- holic Liquor, Wine, Beer, Or Other Intoxicating Sister City Relationships Advisory Commis- Beverages Prohibited: sion: City Council Members Kevin Lynch and Dirk 1. The possession, consumption, or use of al-Voetberg recommending creation of the Sister City coholic liquors, wine, and beer as defined by Relationships Advisory Commission. Motion by Chapter 123 of the Code of Iowa or any other Connors to receive and file the documents and intoxicating beverages is prohibited on park road-that the requirement that a proposed ordinance be ways and recreational trails, in park and recreation considered and voted on for passage at two facility parking lots, and in vehicles located within a Council meetings prior to the meeting at which it is park. to be passed be suspended. Seconded by Voet- 2. The possession, consumption, or use of al-berg. Motion carried 7-0. coholic liquors, wine, and beer as defined by Motion by Connors for final consideration and Chapter 123 of the Code of Iowa or any other passage of Ordinance No. 59-10 Amending Title 2 intoxicating beverages is prohibited in any public of the City of Dubuque Code of Ordinances by park or park and recreation facility unless specifi-adopting a new Chapter 10 Creating the Sister cally exempted in Subsection B. City Relationships Advisory Commission. B. Exemptions: Seconded by Braig. Motion carried 7-0. 1. Subsection A(2) shall not apply to the pos- OFFICIAL PUBLICATION session, consumption, or use of alcoholic liquors, ORDINANCE NO. 59-10 wine, beer, or other intoxicating beverages at: AMENDING TITLE 2 OF THE CITY OF DU- a. Alliant Energy Amphitheater events for BUQUE CODE OF ORDINANCES BY which a special events permit has been issued; ADOPTING A NEW CHAPTER 10 CREAT- b. American Trust River's Edge Plaza events ING THE SISTER CITY RELATIONSHIPS for which a special events permit has been issued; ADVISORY COMMISSION c. A.Y. McDonald Park; d. Bunker Hill Golf Course; Whereas, the City Council of the City of Dubu- e. Eagle Point Park; que established its first Sister City relationship with f. Flora Park; Pyatigorsk, Russia, and later added Handan, Chi- g. Four Mounds Park as approved by the Four na, as a Sister City; and Mounds Foundation; Whereas, the City Council believes streng- h. John G. Bergfeld Recreation Area; thening and maintaining Sister City relationships i. Marshall Park as approved by the Dubuque and exploring new partnerships is valuable and Arboretum Association, Inc.; necessary to the on-going economic and cultural j. McAleece Park and Recreation Complex; growth of the City of Dubuque; and k. Miller Riverview Park; Whereas, the City of Dubuque will benefit from l. Mississippi Riverwalk events for which a the continued international exchange of informa- special events permit has been issued; tion facilitated through the creation of a Sister City m. Murphy Park; Commission. n. Veterans Park; and, Book 140 Regular Session, November 1, 2010 467 NOW, THEREFORE, BE IT ORDAINED BY 2. Special Meetings. Special meetings may be THE CITY COUNCIL OF THE CITY OF DUBU-called by the facilitators or at the written request of QUE, IOWA: three (3) members. Section 1. Title 2 of the City of Dubuque Code 3. Open Meetings. All meetings shall be called of Ordinances is hereby amended by adding the and held in conformance with the Iowa Open following: Meetings Law. Chapter 10 4. Attendance. SISTER CITY RELATIONSHIPS a. In the event a member of the Commission, ADVISORY COMMISSION created by this Chapter, has been absent for three 2-10-1: Commission Created: There is hereby (3) or more consecutive meetings of the Commis- created the Sister City Relationships Advisory sion, without being excused by the facilitator, it Commission to have such powers and responsibil-shall be grounds for the Commission to recom- ities as hereinafter provided. mend to the City Council that the position be de- 2-10-2: Purpose: The purposes of the Com-clared vacant and a replacement appointed. mission shall be to facilitate and maintain econom-b. Attendance shall be entered upon the mi- ic and cultural exchanges with the City’s officially nutes of all meetings. recognized international Sister Cities; to explore 5. Minutes. A copy of the minutes of all regular potential relationships with cities where a Sister and special meetings of the Commission shall be City relationship may be mutually beneficial; and to filed with the City Council within ten (10) working engage partnerships with the business community days after each meeting. and education institutions that will enhance Sister 6. Quorum. Six (6) members of the Commis- City relationships. sion shall constitute a quorum for the transaction 2-10-3: Internal Organization and Rules: The of business. The affirmative vote of a simple ma- Commission may adopt rules and regulations to jority of the members present shall be necessary govern its organizational procedures as may be for the adoption of any resolution. necessary and which are not in conflict with City or 2-10-10: Compensation: The members of the State Code. Commission shall serve without compensation, 2-10-4: Procedures for Operation: All adminis-provided that they may receive reimbursement for trative, personnel, accounting, budgetary, and necessary travel and other expenses while on procurement policies of the City shall govern the official Commission business within the limits es- Commission in all its operations. tablished in the City administrative policies and the 2-10-5: Membership: The Commission shall City budget. consist of twelve (12) members appointed by the 2-10-11: Removal: The City Council may re- City Council. move any member of any board or commission 1. Two (2) members shall be representatives which it has established. of the City Council. 2-10-12: Powers: The Commission shall have 2. Ten (10) members shall be at-large resi-the following powers, duties, and responsibilities: dents of the City, appointed by the City Council. 1. To recommend to the City 2-10-6: Terms: 2-10-6: The initial terms of Council the official acknowledge- Commissioners will be as follows: four Commis- ment of or absolving of a Sister sioners for terms ending February 1, 2012, four City relationship. Commissioners for terms ending February 1, 2013, and four Commissioners for terms ending 2. To facilitate and maintain the February 1, 2014. Thereafter, each member of the exchange of information by and Commission shall hold office for three (3) years or between the City and its Sister Ci- until such member's successor is appointed and qualified. ties through, but not limited to cor- 2-10-7: Vacancies: Vacancies caused by respondence, delegation visits, death, resignation, or otherwise shall be promptly and event planning. filled by the City Council for the unexpired term of office. Section 2. This Ordinance shall take effect 2-10-8: Officers; Organization: The Commis- upon publication. sion shall choose annually, from its own member- st Passed, approved and adopted the 1day of ship, two (2) persons to serve as facilitators, each November, 2010. to serve a term of one (1) year. The City Manager /s/Roy D. Buol, Mayor shall appoint a City staff person to serve as secre- Attest: tary. The Commission shall fill vacancies among /s/Jeanne F. Schneider, CMC, City Clerk its officers for the remainder of the unexpired term. Published officially in the Telegraph Herald 2-10-9: Meetings: th Newspaper the 5 day of November, 2010. 1. Regular Meetings. The Commission shall /s/Jeanne F. Schneider, CMC, City Clerk meet quarterly. 468 Regular Session, November 15, 2010 Book 140 CITY OF DUBUQUE, IOWA Cartegraph Corporation Strategic Advisory Board: City Manager advising that the City of Du- CITY COUNCIL buque has been invited to participate in the Carte- OFFICIAL graph Corporation Strategic Advisory Board; and, PROCEEDINGS if City Council accepts the invitation, recommend- ing appointment of a staff person to the Board. Motion by Connors to receive and file the docu- The Dubuque City Council met in regular ses- ments and appoint the City Manager as the repre- sion at 6:30 p.m. on November 15, 2010 in the sentative staff person. Seconded by Lynch. Motion Historic Federal Building carried 7-0. Present: Mayor Buol, Council Members Braig, COUNCIL MEMBER REPORTS Connors, Jones, Lynch, Resnick, City Manager Van Milligen; City Attorney Lindahl Braig acknowledged Boy Scout Troop 48 and thanked them for attending. Absent: Council Member Voetberg Resnick reminded everyone of Election Day, November 2. Mayor Buol read the call and stated this is a regular session of the City Council to act upon There being no further business, upon motion such business that may properly come before the the City Council adjourned at 7:45 p.m. City Council. /s/Jeanne F. Schneider, CMC Pledge of Allegiance City Clerk Invocation was provided by Major Tom Mason of the Salvation Army. PRESENTATION International Livable Communities Award was presented by Sustainable Community Coordinator Cori Burbach. PROCLAMATION th Five Flags Theater 100 Anniversary Week (November 15 – 20, 2010) was accepted by Five Flags Theater Lobby Committee Co-Chair Ali Le- vasseur, 405 Main Street. CONSENT ITEMS Motion by Lynch to receive and file the docu- ments, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 6- 0. Minutes and Reports Submitted: Cable TV Regulatory Commission of 4/14; Cable TV Tele- programming Commission of 9/14; City Council of 11/1; Community Development Advisory Com- mission of 10/6; Investment Oversight Commis- sion of 10/27; Park and Recreation Commission of 10/12; Zoning Advisory Commission of 11/3; Zon- ing Board of Adjustment of 10/27 Proof of publication of City Council Proceed- ings of October 18, 2010 Library Board of Trustees Update from the Meeting of September 30, 2010 Upon motion the documents were received and filed. Book 140 Regular Session, November 15, 2010 469 CITY ENGINEER’S CERTIFICATE OF FINAL Notice of Claims/Suits: Daniel Stark for vehicle COMPLETION OF THE GREEN ALLEY damage. Upon motion the documents were re- THTH PROJECT (15 – 16, BETWEEN WASH- ceived, filed and referred to the City Attorney. INGTON & ELM STREETS) City Attorney advising that the following claims The undersigned City Engineer of the City of have been referred to Public Entity Risk Services Dubuque, Iowa, hereby certifies that he has in- thth of Iowa, the agent for the Iowa Communities As-spected the Green Alley Project (15 – 16, be- surance Pool: Donna Cooksley for vehicle dam-tween Washington & Elm Streets), that the Project age; Darlene Ryan for vehicle damage; Daniel has been performed in compliance with the terms Stark for vehicle damage. Upon motion the docu-of the Public Improvement Contract, and that the ments were received, filed and concurred. total cost of the completed work is $175,982.62. th Human Rights Commission: Resignation of Dated this 4 day of November, 2010. Katrina Wilberding from the Human Rights Com-Gus Psihoyos, City Engineer th mission. Upon motion the document was received, Filed in the office of the City Clerk on the 9 filed and the resignation accepted. day of November, 2010. Jeanne F. Schneider, CMC, City Clerk Green Alley Project: City Manager recom- mending acceptance of the Green Alley Project Copper Field Subdivision – Acceptance of thth (15 – 16 between Washington and Elm Streets) Public Improvements: City Manager recommend- as completed by Connolly Construction, Inc., in ing acceptance of the public improvements which the final contract amount of $164,306.81. Upon the developer, Copper Mill Construction, has motion the documents were received and filed and completed in Copper Field Subdivision in the City Resolution No. 437-10 Accepting the Green Alley of Dubuque, Iowa. Upon motion the documents thth Project (15 – 16 between Washington and Elm were received and filed and Resolution No. 438- Streets) and authorizing payment of the contract 10 Accepting improvements in Copper Field Sub- amount to the contractor was adopted. division was adopted. RESOLUTION NO. 437-10 RESOLUTION NO. 438-10 ACCEPTING THE GREEN ALLEY PROJECT ACCEPTING IMPROVEMENTS IN COPPER THTH (15 – 16, BETWEEN WASHINGTON & FIELD SUBDIVISION IN THE CITY OF DU- ELM STREETS)AND AUTHORIZING THE BUQUE, IOWA PAYMENT OF THE CONTRACT AMOUNT Whereas, pursuant to Resolution No. 212-96, TO THE CONTRACTOR certain public improvements including street pav- Whereas, the Public Improvement Contract for ing with curb, sanitary sewer main, watermain, thth the Green Alley Project (15 – 16, between storm sewer and catch basins, detention facilities, Washington & Elm Streets) (the Project) has been and boulevard street lighting were installed by the completed and the City Engineer has examined developer of Copper Field Subdivision in the City the work and filed a certificate stating that the of Dubuque, Iowa; and Project has been completed according to the Whereas, the improvements have been com- terms of the Public Improvement Contract and that pleted and the City Manager has examined the the City Engineer recommends that the Project be work and has filed a certificate stating that the accepted. same has been completed in accordance with the NOW THEREFORE, BE IT RESOLVED BY plans approved by the City Council and in confor- THE CITY COUNCIL OF THE CITY OF DUBU-mance with City specifications, and has recom- QUE, IOWA: mended that the improvements be accepted by Section 1. The recommendation of the City the City Council. Engineer is approved and the Project is hereby NOW THEREFORE, BE IT RESOLVED BY accepted. THE CITY COUNCIL OF THE CITY OF DUB- Section 2. The Finance Director is hereby di-QUE, IOWA: rected to pay to the Contractor from the Communi-Section 1. That the recommendation of the ty Development Block Grant Recovery Funds, City Manager be approved and that said public Water Main Replacement Program, and Sanitary improvements in Copper Field Subdivision in the Sewer Manhole Replacement Fund appropriations City of Dubuque, Iowa, be and the same are he- for the contract amount of $164,306.81 less any reby accepted. th retained percentage provided for therein as pro-Passed, approved and adopted this 15 day of vided in Iowa Code Chapter 573, and to pay such November, 2010. retainage only in accordance with the provisions of Roy D. Buol, Mayor Iowa Code Chapter 573. Attest: Jeanne F. Schneider, CMC, City Clerk th Passed, approved and adopted this 15 day of November, 2010. 2010 Sidewalk Assessment: City Manager re- Roy D. Buol, Mayor commending approval of the levy of a special As- Attest: Jeanne F. Schneider, CMC, City Clerk sessment for a public sidewalk replacement at 662 th West 8 Street. Upon motion the documents were 470 Regular Session, November 15, 2010 Book 140 th received and filed and Resolution No. 439-10 Passed, approved and adopted this 15 day of Adopting the final Assessment schedule for the November, 2010. 2010 Sidewalk Assessment Project was adopted. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 439-10 ADOPTING THE FINAL ASSESSMENT 2010 SIDEWALK REPAIR ASSESSMENT SCHEDULE FOR THE 2010 SIDEWALK AS-FINAL SCHEDULE OF VALUATION AND SESSMENT PROPERTY PROPOSED ASSESSMENTS DATE: November 5, 2010 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-The following schedule is hereby determined QUE, IOWA: to show each lot proposed to be assessed for the After full consideration, the Final Schedule of improvement shown in the title together with the Assessments as shown on the attached sheet(s), amount proposed to be assessed against each lot Page 1 to Page 1 inclusive; is hereby approved for and the valuations shown opposite each lot are the 2010 Sidewalk Assessment Property. hereby fixed as the true valuations of such lots by There is hereby assessed and levied as a the City Council of the City of Dubuque. special tax against and upon each of the benefited PROPERTY OWNER NAME; LOT DE- properties, the respective sums indicated. The SCRIPTION; PARCEL NUMBER; MAILING AD- amounts shown in said Final Schedule of As-DRESS; CITY, STATE, ZIP; STREET ADDRESS; sessments as deficiencies are found to be proper VALUATION WITH IMPROVEMENT; SIDEWALK and levied conditionally against the respective ASSESSMENT; ADMINISTRATIVE FEE; TOTAL properties benefited by the improvements as NET ASSESSMENT shown in the Final Schedule of Assessments, Krier, David L.; W 1/2 E 1/4 43 & E 3.5' EM 1/4 subject to the provisions of Iowa Code § 384.63. Lot 43 & Lot 1-42 & E 1/2 of E 1/4 of Lot 43 Kelly’s Said assessments against said lots are hereby Sub; 1025133037; 662 W. 8th; Dubuque, IA declared to be in proportion to the special benefits 52001; 662 W. 8th; $81,048; $848.00; $50.00; conferred and not in excess of twenty-five percent $898.00 of the value of same. The City Clerk be and is hereby directed to Census 2010 Final Participation Rates: City certify the Final Schedule of Assessments to the Manager submitting the Census 2010 final partici- County Treasurer of Dubuque County, Iowa, and pation rates and a media release from the U.S. to publish notice of said certification once each Census Bureau. Upon motion the documents week for two consecutive weeks in the manner were received and filed. provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from Dubuque Levee and Floodwall Certification – the date of filing of the Final Schedule of Assess-PAL Progress Report #4: City Manager recom- ments. On or before the date of the second publi-mending approval of revised sections of the Oper- cation of the notice, the City Clerk shall also mail a ation and Maintenance Manual and the revised copy of said notice to property owners whose Emergency Flood Control Plan, both dated Octo- property is subject to assessment, as provided in ber 2010, and transmittal of the City of Dubuque's Iowa Code § 384.60. Provisionally Accredited Levee (PAL) Progress The assessments may be paid in full or in part Report #4 to FEMA for certification of the Dubuque without interest at the office of the City Treasurer, levee and floodwall system along the Mississippi th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any River. Upon motion the documents were received, time within 30 days after the date of the first notice filed, and approved. of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are pay-South Siegert Farm Lease Extension: City able in 10 annual installments at the County Trea-Manager recommending approval of an amend- surer’s Office, Dubuque County Courthouse, 720 ment of the farm lease with William and Janet Central Avenue, Dubuque, Iowa, and will draw Siegert for the South Siegert Farm to extend the annual interest at nine percent (9%) computed to lease to March 1, 2012. Upon motion the docu- December 1 next following the due dates of the ments were received and filed and Resolution No. respective installments as provided in Section 440-10 Approving an amendment to the farm 384.65 of the Code of Iowa. Each installment will lease between the City of Dubuque, Iowa and be delinquent from October 1 following its due William and Janet Siegert was adopted. date on July 1 of each year. However, when the RESOLUTION NO. 440-10 last day of September is a Saturday or Sunday, RESOLUTION APPROVING AN AMEND- that amount shall be delinquent from the second MENT TO THE FARM LEASE BETWEEN business day of October. Delinquent installments THE CITY OF DUBUQUE, IOWA AND WIL- will draw the same delinquent interest as ordinary LIAM AND JANET SIEGERT taxes. Property owners may elect to pay any an- nual installments semi-annually in advance. Whereas, the City of Dubuque, Iowa (City) en- tered into a Farm Lease with William and Janet Book 140 Regular Session, November 15, 2010 471 Siegert (Siegerts) for certain property as described filed and Resolution No. 441-10 Adopting the in the Lease; and schedule of special Assessment for a lien against Whereas, City and Siegerts desire to amend the property and directing the City Clerk to certify the Lease as set forth in the attached Amendment the schedule of Assessment to the County Trea- to Farm Lease; and surer and to publish notice thereof was adopted. Whereas, it is the determination of this Council RESOLUTION NO. 441-10 that approval of the Amendment to Farm Lease, is ADOPTING THE SCHEDULE OF SPECIAL in the public interest of the citizens of the City of ASSESSMENT FOR A LIEN AGAINST THE Dubuque. PROPERTY AND DIRECTING THE CITY NOW, THEREFORE, BE IT RESOLVED BY CLERK TO CERTIFY THE SCHEDULE OF THE CITY COUNCIL OF THE CITY OF DUBU- ASSESSMENT TO THE COUNTY TREA- QUE, IOWA: SURER AND TO PUBLISH NOTICE THE- Section 1. That the attached Amendment to REOF Farm Lease is hereby approved. Section 2. That the Mayor is hereby authorized NOW, THEREFORE, BE IT RESOLVED BY and directed to execute the Amendment to Farm THE CITY COUNCIL OF THE CITY OF DUBU- Lease on behalf of the City and City Clerk is au-QUE, IOWA: thorized and directed to attest to his signature. That after full consideration of the Schedule of Section 3. That the City Manager is authorized Assessments attached hereto for non-payment of to take such actions as are necessary to comply Court order payments assessments which Sche- with the terms of the Farm Lease, as amended. dule of Assessments was filed in the office of the thth Passed, approved and adopted this 15 day of City Clerk on the 10 day of November, 2010, the November, 2010. said Schedule of Assessments be and the same is Roy D. Buol, Mayor hereby approved and adopted. Attest: Jeanne F. Schneider, CMC, City Clerk That there be, and is herby assessed and le- vied as a lien upon the real property, the respec- AmeriCorps Grant: City Manager recommend-tive sums indicated. ing approval of the execution of the grant applica-That the City Clerk be and is hereby directed tion to the Iowa Commission on Volunteer Servic-to certify said schedule to the County Treasurer of es for the City of Dubuque AmeriCorps Program. Dubuque County, Iowa, and to publish notice of Upon motion the documents were received, filed, said certification once each week for two consecu- and approved. tive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not Sisters of Charity – Water Meter Wireless more than fifteen days from the date of filing of the Network Equipment License Agreement: City final schedule. On or before the date of the second Manager recommending approval of the Water publication of the notice, the City Clerk shall also Meter Wireless Network Equipment License mail a copy of said notice to property owners Agreement between the City and the Sisters of whose property is subject to assessment, as pro- Charity. Upon motion the documents were re-vided and directed in Iowa Code § 384.60. ceived, filed, and approved. The assessments may be paid in full or in part without interest at the City Treasurer’s Office, City th Quarterly Investment Report: City Manager Hall, 50 W. 13 Street, Dubuque, Iowa, at any transmitting the September 30, 2010 Quarterly time within 30 days after the date of the first publi- Investment Report. Upon motion the documents cation of the notice of the filing of the Schedule of were received and filed. Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the Fiscal Year 2010 Annual Financial Report: City County Treasurer’s Office, Dubuque County Manager transmitting the Fiscal Year 2010 Annual Courthouse, 720 Central Avenue, Dubuque, Iowa, Financial Report. Upon motion the documents and charges shall be collected in the same man- were received and filed. ner as general property taxes against the respec- tive parcels of the property set opposite the name Green and Healthy Homes Initiative: City of the property owner. th Manager recommending approval of the submis-Passed, approved and adopted this 15 day of sion of a letter of commitment to become a Green November, 2010. and Healthy Homes Pilot City through the National Roy D. Buol, Mayor Green and Healthy Homes Initiative. Upon motion Attest: Jeanne F. Schneider, CMC, City Clerk the documents were received, filed, and approved. SCHEDULE OF SPECIAL ASSESSMENT Special Assessment: City Manager recom-FOR A LIEN AGAINST THE PROPERTY mending approval of the levy of a special As-[Property; Property Owner; Mailing Address; sessment for non-payment of a Settlement Order Lot Description; Total; Purpose] against Julie LeClere, 2489 Hempstead Street. 2489 Hempstead; Julie LeClere; 2491 Upon motion the documents were received and Hempstead, Dubuque IA 52001; Lot 1 -2 of Sub of 472 Regular Session, November 15, 2010 Book 140 Lots 150A & 1 -150 L H Langs Add.; $2,325.00; Animal boarding after seizure until conditions were Liquor License Transfer: Transfer of the liquor met. license of The Rotary Club of Dubuque to 700 Locust Street on November 20/21 and November Sustainable Dubuque VISTA Position: City 22/23 for the Mercy Festival of Trees event. Upon Manager recommending approval of the extension motion the documents were received, filed, and of the Sustainable Dubuque VISTA position for approved. one year. Upon motion the documents were re- ceived, filed, and approved. Liquor License Applications: City Manager re- commending approval of annual liquor license U.S. Conference of Mayors: Communication renewals as submitted. Upon motion the docu- from Tom Cochran, U.S. Conference of Mayors, ments were received and filed and Resolution No. releasing the two most recent Brownfield publica-442-10Granting the issuance of a Class “B” Beer tions in which Dubuque is featured. Upon motion Permit to Jumpin’ Jane’s Indoor Party; and a Class the documents were received and filed. “C” Beer Permit to Iowa Street Market and Plaza 20 / BP Amoco; and Resolution No. 443-10 Grant- Dubuque Initiatives: Communication from Du-ing the issuance of a Class “B” (Hotel/Motel) Liq- buque Initiatives to Michael Brannon, Dubuque uor License to Hotel Julien Dubuque, Grand Har- Community School Board, related to the District’s bor Resort, and Holiday Inn Five Flags; a Class facility planning process. Upon motion the docu-“C” Beer/Liquor License to Yen Ching Restaurant ment was received and filed. and Bridge Restaurant; a Class “B” Wine Permit to Iowa Street Market; and a Class “WBN” Native Mediacom: Communication from Lee Grass-Wine Permit to Dubuque Area Chamber of Com- ley, Mediacom Senior Manager – Government merce were adopted. Relations, advising of rate changes effective on or RESOLUTION NO. 442-10 about December 1, 2010. Communication from Lee Grassley, Mediacom Whereas, applications for Beer Permits have Senior Manager – Government Relations, advis-been submitted and filed to this Council for ap- ing of channel changes that will occur on or about proval and the same have been examined and December 20, 2010. approved; and Upon motion the documents were received Whereas, the premises to be occupied by and filed. such applicants were inspected and found to comply with the Ordinances of the City and have Citizen Communication: Communication and filed proper bonds. petition from Joan Wehrspann regarding recrea-NOW, THEREFORE, BE IT RESOLVED BY tional burning in the City of Dubuque. Upon motion THE CITY COUNCIL OF THE CITY OF DUBU- the documents were received and filed. QUE, IOWA: That the Manager be authorized to cause to PEG Capital Grant Expenditure Request: City be issued the following named applicants a Beer Manager recommending approval of the Cable TV Permit. Tele-Programming Commission recommendation for funding from the Public, Educational, and Gov-CLASS “B” BEER PERMIT ernment (PEG) Capital Grant for Access Equip-R2K Entertainments, LLC, Jumpin’ Jane’s In- ment and Facilities in the amount of $86,000 for door Party, +(Sunday Sale), 2055 Holliday Drive Loras College to purchase new studio cameras CLASS “C” BEER PERMIT and a new production switcher. Upon motion the Iowa Street Market, Inc., Iowa Street Market documents were received, filed, and approved. +(Sunday Sale), 1256 Iowa Street R Future, Plaza 20/BP Amoco +(Sunday National Civic Review: City Manager transmit-Sale), 2600 Dodge Street th ting information from the Fall 2010 special issue of Passed, approved and adopted this 15 day of National Civic Review on the ”Civics of Sustaina-November, 2010. , bility” which includes an article written by Planning Roy D. Buol, Mayor Services Manager Laura Carstens entitled “Defin-Attest: Jeanne F. Schneider, CMC, City Clerk ing, Inspiring, and Implementing Sustainability.” RESOLUTION NO. 443-10 Upon motion the documents were received and filed. Whereas, the premises to be occupied by such applicants were inspected and found to Signed Contracts: Cooperative Winter Road comply with the State Laws and all City Ordin- Maintenance Agreement; Catfish Lift Station ances relevant thereto and they have filed proper Standby Generator Contract; and Raymond Place bonds. / Maiden Lane Retaining Wall Repair Award Re-NOW, THEREFORE, BE IT RESOLVED BY cording Memo. Upon motion the documents were THE CITY COUNCIL OF THE CITY OF DUBU- received and filed. QUE, IOWA: Book 140 Regular Session, November 15, 2010 473 That the Manager be authorized to cause to at which it is to be passed be suspended. be issued the following named applicants a Liquor Seconded by Jones. Motion failed 4-2 with Buol, License. Lynch, Resnick and Braig voting nay. There was CLASS “B”(HOTEL/MOTEL) LIQUOR LI-no motion for a first reading of the proposed ordin- CENSE ance. HJD Subtenant, LLC, Hotel Julien Dubuque Planning Services Manager Laura Carstens +(Sunday/Outdoor Sale), 200 Main Street provided a staff report. Zoning Advisory Commis- Platinum Holdings, LLC, Grand Harbor sion Chairperson Jeff Stiles responded to ques- Resort/Water Park +(Sunday/Outdoor), 350 Bell tions from City Council. Attorney Mark Sullivan of Street Reynonlds & Kenline Law Firm spoke in opposi- Kinseth Hotel Corp., Holiday Inn 5-tion to the proposed ordinance on behalf of adja- flags+(Sunday Sale), 450 Main Street cent property owner and wife Marna Sullivan, CLASS “C” BEER/LIQUOR LICENSE 4617 Camelot Drive. He informed the City Council Hernandez Corp., Yen Ching Restaurant, 926 that while he did not officially represent other Main Street property owners in attendance, his remarks did Raysan Corp., Bridge Restaurant +(Sunday reflect their viewpoints. Mr. Sullivan stated that the Sale), 31 Locust Street applicant failed to prove that the C-2 zoning is in CLASS “B” WINE LICENSE error. Property owners Sally Schneider, 1941 Iowa St Market, Inc., Iowa Street Market, 1256 Hummingbird Drive; Karen Maury, 1981 Hum- Iowa Street mingbird Drive; Marna Sullivan, 4617 Camelot CLASS “WBN” NATIVE WINE LICENSE Drive; Greg Wollmuth, 1885 North Court; Ro- Dubuque Area Chamber, Dubuque Area bert/Angie Hohmann, 1866 Hummingbird Drive Chamber of Commerce, 300 Main Street spoke in opposition to the rezoning citing foot traf- th Passed, approved and adopted this 15 day of fic across private property, storm water runoff, November, 2010. increased vehicular traffic and dangerous intersec- Roy D. Buol, Mayor tions and street crossings as additional issues. Attest: Jeanne F. Schneider, CMC, City Clerk American Red Cross – Request to Amend ID PUBLIC HEARINGS Institutional District: Proof of publication on notice of public hearing to consider a request from Mike Upon motion the rules were suspended allow-McDonough / American Red Cross to amend their ing anyone present to address the City Coun-ID Institutional District to modify Section 2(D) cil. Signs regarding allowed size, height and illumina- tion and the Zoning Advisory Commission re- Request to Rezone – End of Radford Court commending approval. Motion by Connors to re- (Tabled from October 18, 2010): Proof of publica-ceive and file the documents and that the require- tion on notice of public hearing to consider a re-ment that a proposed ordinance be considered quest from John Herrig / Flint Drake / Radford and voted on for passage at two Council meetings Development, LLC, to rezone property located at prior to the meeting at which it is to be passed be the end of Radford Court from C-2 Neighborhood suspended. Seconded by Jones. Motion failed 4-2 Shopping Center District to R-4 Multi-Family Resi-with Buol, Lynch, Resnick and Braig voting nay. dential District and Zoning Advisory Commission Planning Services Manager Laura Carstens pro- recommending approval. vided a staff report. American Red Cross repre- Communication from Planning Services Man-sentative Mike McDonough spoke in favor of the ager Laura Carstens advising that 31.7% of the proposed ordinance. Rick Droeske of Lange Sign adjacent property owners within 200 feet of the Group, 1780 IL Route 35, East Dubuque, provided rezoning are in opposition; therefore, a super-technical information about the sign. Property majority vote of the City Council is necessary to owners Victoria Kruser, 2443 Asbury Road; and approve the rezoning request. Kathy Flynn Thurlow, 2425 Asbury Road, spoke in Communication from John Herrig asking that opposition to the sign citing traffic distraction, over his request be tabled until December 6, 2010. lighting, and neighborhood character as primary Motion by Jones to remove the proposed or-issues. There was no motion for a first reading of dinance amending Title 16 of the City of Dubuque the proposed ordinance amending Title 16 of the Code of Ordinances, Unified Development Code, City of Dubuque Code of Ordinances, Unified by reclassifying hereinafter described property Development Code, by providing for the amend- located at the end of Radford Court from C-2 ment of Ordinance 49-86, which established the Neighborhood Shopping Center District to R-4 American Red Cross ID Institutional District by Multi-Family Residential District from the table. modifying Section 2(D) Signs regarding allowed Seconded by Connors. Motion carried 6-0. size, height and illumination. Motion by Connors to receive and file the doc- uments and that the requirement that a proposed Unified Development Code – Text Amend- ordinance be considered and voted on for pas-ment: Proof of publication on notice of public hear- sage at two Council meetings prior to the meeting ing to consider a request from the City of Dubuque 474 Regular Session, November 15, 2010 Book 140 to amend Article 13 of the Unified Development Dubuque and City Manager recommending that Code to clarify the number of bicycle parking this item be tabled to December 20, 2010. Motion spaces required for parking lots over 50 spaces by Connors to receive and file the documents and and Zoning Advisory Commission recommending table to December 20, 2010. Seconded by Braig. approval. Motion by Jones to receive and file the Motion carried 6-0. documents and that the requirement that a pro- posed ordinance be considered and voted on for Upon motion the rules were reinstated limiting passage at two Council meetings prior to the discussion to the City Council. meeting at which it is to be passed be suspended. ACTION ITEMS Seconded by Braig. Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report. Dubuque Industrial Center North – Final Plat: Motion by Jones for final consideration and City Manager recommending approval of the final passage of Ordinance No. 60-10 Amending Title plat of the Dubuque Industrial Center North First 16 of the City of Dubuque Code of Ordinances, Addition (North Siegert Farm) and naming the new Unified Development Code, by amending Article street Innovation Drive, unless the City Council 13, Site Design Standards, to clarify the number chooses a different name. Motion by Connors to and location of bicycle parking spaces required for receive and file the documents and adopt Resolu- parking lots over 50 spaces. Seconded by Braig. tion No. 444-10. Approving the final plat of Dubu- Motion carried 6-0. que Industrial Center North First Addition in the City of Dubuque, Iowa. Seconded by Lynch. Mo- OFFICIAL PUBLICATION tion carried 6-0. ORDINANCE NO. 60-10 AMENDING TITLE 16 OF THE CITY OF DU-RESOLUTION NO. 444-10 BUQUE CODE OF ORDINANCES, UNIFIED APPROVING THE FINAL PLAT OF DUBU- DEVELOPMENT CODE, BY AMENDING AR-QUE INDUSTRIAL CENTER NORTH FIRST TICLE 13, SITE DESIGN STANDARDS TO ADDITION IN THE CITY OF DUBUQUE, CLARIFY THE NUMBER AND LOCATION IOWA OF BICYCLE PARKING SPACES RE- Whereas, there has been filed with the City QUIRED FOR PARKING LOTS OVER 50 Clerk a Final Plat of Dubuque Industrial Center SPACES North First Addition in the City of Dubuque; and NOW, THEREFORE, BE IT ORDAINED BY Whereas, upon said Final Plat appear street(s) THE CITY COUNCIL OF THE CITY OF DUBU-to be known as Innovation Drive (Lot B) and QUE, IOWA: Pennsylvania Avenue (Lot D) which the owners by Section 1. That Title 16 of the City of Dubuque said Final Plat have dedicated to the public forev- Code of Ordinances, Unified Development Code, er; and Article 13-3.5.1(B) is hereby amended as follows: Whereas, upon said Final Plat appear access 13-3.5.1(B) Bicycle parking spaces shall be at easements to be reserved for the City of Dubuque; least as close as the closest automobile space, and except for accessible parking spaces, or as near a Whereas, said Final Plat has been reviewed regularly used building entrance as possible with-by the City Planner and had her approval en- out interfering with pedestrian traffic. dorsed thereon; and Section 2. The foregoing amendment has he-Whereas, said Final Plat has been examined retofore been reviewed by the Zoning Advisory by the City Council and they find that it conforms to Commission of the City of Dubuque, Iowa. the statutes and ordinances relating to it. Section 3. This ordinance shall take effect im-NOW THEREFORE, BE IT RESOLVED BY mediately upon publication, as provided by law. THE CITY COUNCIL OF THE CITY OF DUBU- th Passed, approved and adopted this 15 day of QUE, IOWA: November, 2010. Section 1. That the dedication of Innovation /s/Roy D. Buol, Mayor Drive (Lot B) and Pennsylvania Avenue (Lot D) as Attest: they appear upon said Final Plat be and the same /s/Jeanne F. Schneider, CMC, City Clerk are hereby accepted. Section 2. That the access easements for the Published officially in the Telegraph Herald City of Dubuque as they appear upon said Final th Newspaper the 19 day of November, 2010. Plat be and the same are hereby approved. /s/Jeanne F. Schneider, CMC, City Clerk Section 3. That the Final Plat of Dubuque In- dustrial Center North First Addition is hereby ap- Request to Annex – Dubuque Metropolitan proved and the Mayor and City Clerk are hereby Area Solid Waste Agency: Proof of publication on authorized and directed to endorse the approval of notice of public hearing to consider a request from the City of Dubuque, Iowa upon said Final Plat. the Dubuque Metropolitan Area Solid Waste Section 4. Sidewalk installation shall be the re- Agency to voluntarily annex and rezone 318.25 sponsibility of the owner of the property abutting acres of property on the west side of the City of the public right-of-way, as required by City Code Book 140 Regular Session, November 15, 2010 475 10-1-2. The responsibility shall extend to all suc-million as the local match toward this RIO-CDBG cessors, heirs and assignees. Sidewalks shall be application. five (5) feet in width and installed one (1) foot from Section 3. That the Mayor is hereby authorized the property line. and directed to execute this Resolution on behalf Section 5. That the final acceptance of all pub-of the City of Dubuque and forward the executed lic improvements shall occur upon certification of copy to the Iowa Department of Economic Devel- the City Engineer to the City Council that all public opment. th improvements have been completed in accor-Passed, approved and adopted this 15 day of dance with the improvement plans and City stan-November, 2010. dard specifications. Roy D. Buol, Mayor th Passed, approved and adopted this 15 day of Attest: Jeanne F. Schneider, CMC, City Clerk November 2010. Roy D. Buol, Mayor Purchase of Transit Vehicles: City Manager Attest: Jeanne F. Schneider, CMC, City Clerk recommending approval to incur costs for re- placement of the Keyline bus fleet and to add Intel- RIO-CDBG Multi-Family Rental Unit Produc-ligent Transportation Systems (ITS) technology on tion: City Manager recommending approval of an the buses. Motion by Lynch to receive and file the application for $5.9 million of RIO-CDBG Multi-documents and adopt Resolution No. 446-10 Au- Family Rental Unit Production – Round 3 funding thorizing the purchase of a new transit fleet and to create multi-family rental units in the Caradco adding Intelligent Transportation System Technol- Building. Motion by Jones to receive and file the ogies (ITS). Seconded by Resnick. Transit Man- documents and adopt Resolution No. 445-10 ager Barbara Morck responded to questions from Resolution of support to the Iowa Department of City Council. Motion carried 6-0. Economic Development, on behalf of Caradco RESOLUTION NO. 446-10 Building, LLLP, for submittal of an application for a AUTHORIZING THE PURCHASE OF A NEW RIO-CDBG Disaster Multi-Family Unit Production TRANSIT FLEET AND ADDING INTELLI- Round 3 Application. Seconded by Braig. Motion GENT TRANSPORTATION SYSTEM TECH- carried 6-0. NOLOGIES (ITS) RESOLUTION NO. 445-10 Whereas, ECIA and the City of Dubuque pre- RESOLUTION OF SUPPORT TO THE IOWA pared and submitted two federal grants for the DEPARTMENT OF ECONOMIC DEVELOP- replacement of the Keyline bus fleet and to add MENT ON BEHALF OF CARADCO BUILD- ITS technology on the buses; and ING, LLLP FOR SUBMITTAL OF AN APPLI- Whereas, the City of Dubuque was awarded CATION FOR A RIO-CDBG DISASTER $2.5 million from the State of Good Repair grant MULTI-FAMILY UNIT PRODUCTION ROUND and $1.5 million from the Clean Fuels grant; and 3 APPLICATION. Whereas, the City Council finds that purchas- Whereas, Dubuque County was impacted by ing a new transit fleet would promote clean air the floods of 2008 and the area has a critical need standards in Dubuque and provide a new form of for additional workforce housing; and public transit service for the citizens of Dubuque. Whereas, in 2009 the Real Property Research NOW, THEREFORE, BE IT RESOLVED BY Group along with other studies concluded that THE CITY COUNCIL OF THE CITY OF DUBU- there is a need for additional downtown housing; QUE, IOWA: and Section 1. That the City Council of the City of Whereas, the City Council has prioritized the Dubuque, Iowa, hereby authorizes the purchase redevelopment of the Historic Millwork District for of a new transit fleet and ITS related equipment. th mixed use with an emphasis on downtown hous-Passed, approved and adopted this 15 day of ing; and November, 2010. Whereas, the Caradco Building project will Roy Buol, Mayor provide much needed residential development to Attest: Jeanne F. Schneider, CMC, City Clerk the downtown area; and Whereas, the City Council finds that the pro-Purchase of Light Duty Transit Vehicles – Re- posed application is acceptable and necessary to quest for Proposals: City Manager recommending the growth and development of the city. approval of the issuance of a Request for Propos- NOW THEREFORE, BE IT RESOLVED BY als for the purpose of obtaining a Light Duty Sprin- THE CITY COUNCIL OF THE CITY OF DUBU-ter vehicle purchasing contract that contains the QUE, IOWA: clean diesel engine option for Keyline Transit. Section 1. The City of Dubuque agrees to Motion by Connors to receive and file the docu- support the RIO-CDBG Disaster Multi-Family Unit ments and approve the recommendation. Production Round 3 Application on behalf of Ca-Seconded by Resnick. Motion carried 6-0. radco Building, LLLP. Section 2. The City of Dubuque will commit 15 Southwest Arterial / Value Engineering Study years of TIF, conservatively estimated at over $2.5 Update: City Manager transmitting an update on 476 Special Session, December 6, 2010 Book 140 CITY OF DUBUQUE, IOWA the results of the preliminary design Value Engi- neering evaluations for the Southwest Arterial CITY COUNCIL project. Motion by Connors to receive and file the OFFICIAL documents. Seconded by Jones. Motion carried 6- PROCEEDINGS 0. Assistant City Engineer Bob Schiesl provided a slide presentation on the project and responded to questions from City Council. The Dubuque City Council met in special ses- sion at 5:30 p.m. on December 6, 2010 in the His- Expansion of Washington Neighborhood Yard toric Federal Building. Lighting Initiative Program: City Manager recom- mending approval of expanding the Washington Present: Mayor Buol, Council Members Braig, Neighborhood Yard Lighting Initiative to older Connors, Jones, Lynch, Resnick, City Manager neighborhoods in the City as well as to the Van Milligen, City Attorney Lindahl low/moderate income (target areas) of the City. Motion by Braig to receive and file the documents Absent: Council Member Voetberg and approve the recommendation. Seconded by Jones. Motion carried 6-0. Mayor Buol read the call and stated this is a special session of the City Council to conduct a Sustainability at Work Presentation: Presenta- closed session in accordance with Chapter tion on “Sustainability at Work: How Sustainability 21.5(1)(c)(j) Code of Iowa. is Enhancing Dubuque’s Economic Competitive- ness.” Motion by Connors to receive and file the Motion by Braig to go into closed session at information. Seconded by Resnick. Motion carried 5:31 p.m. regarding pending litigation and property 6-0. Sustainable Community Coordinator Cori acquisition pursuant to Chapter 21.5(1)(c)(j) Code Burbach provided a video presentation and intro- of Iowa. Seconded by Resnick. Motion carried 6-0. duced Candace Eudaly of ECIA, Smarter City Project Manager David Lyons and Sustainable Upon motion the City Council reconvened in Cities Network President Tom Woodward. Each open session at 6:28 p.m. stating that staff had spoke about the Buyer Supplier Network, the Petal been given proper direction. Project, Green Economy, Sustainability Innovation Consortium, and the Sustainable City Network. There begin no further business, upon motion the City Council adjourned at 6:29 p.m. COUNCIL MEMBER REPORTS /s/Jeanne F. Schneider, CMC Jones reported on the award Paramount Am- City Clerk bulance recently received in Des Moines. CLOSED SESSION Motion by Jones at 9:35 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 Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session at 9:51 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk Book 140 Regular Session, December 6, 2010 477 CITY OF DUBUQUE, IOWA surance Pool: John McEnery for vehicle damage; Amy Osterberger for vehicle damage; TransPaC CITY COUNCIL Solutions on behalf of Rebecca Voss for personal OFFICIAL injury; Kristi Schreiber for property damage. Upon PROCEEDINGS motion the documents were received, filed, and concurred. The Dubuque City Council met in regular ses- Homelessness and Rapid Re-Housing Pro- sion at 6:30 p.m. on December 6, 2010 in the His- gram (HPRP): City Manager recommending ap- toric Federal Building. proval of an amendment to the Project Concern, Inc. agreement for the Homelessness Prevention Present: Mayor Buol, Council Members Braig, and Rapid Re-Housing Program (HPRP). Upon Connors, Jones, Lynch, Resnick, City Manager motion the documents were received, filed, and Van Milligen, City Attorney Lindahl approved. Absent: Council Member Voetberg Amendment to Fiscal Year 2010 and Fiscal Year 2011 Annual Action Plans: City Manager Mayor Buol read the call and stated this is a recommending approval of an amendment to the regular session of the City Council to act upon Fiscal Year 2010 and Fiscal Year 2011 Annual such business that may properly come before the Action Plans by reallocating funds from the prior City Council. Fiscal Year 2010 Annual Plan into the Fiscal Year 2011 Annual Plan and reprogramming funds for Pledge of Allegiance existing and new projects. Upon motion the doc- uments were received and filed and Resolution Invocation was provided by Deacon Tim Lo- No. 447-10 Approving a Fiscal Year 2011 (Pro- Bianco of Resurrection Catholic Church. gram Year 2010) Annual Action Plan – Amend- ment #2 for Community Development Block Grant CONSENT ITEMS (CDBG), Homelessness Prevention and Rapid Re-Housing (HPRP) and Community Develop- Motion by Connors to receive and file the doc- ment Block Grant Recovery (CDBG-R) Funds was uments, adopt the resolutions, and dispose of as adopted. indicated. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 447-10 Minutes and Reports Submitted: Arts and Cul- APPROVING A FISCAL YEAR 2011 (PRO- tural Affairs Advisory Commission of 9/28 and GRAM YEAR 2010) ANNUAL ACTION PLAN- 10/26; City Council of 11/15; Community Devel- AMENDMENT 2 FOR COMMUNITY DEVEL- opment Advisory Commission of 11/17; Housing OPMENT BLOCK GRANT (CDBG), HOME- Commission of 9/28; Housing Code Appeals LESSNESSS PREVENTION AND RAPID RE- Board of 8/17; Human Rights Commission of HOUSING (HPRP) AND COMMUNITY DE- 10/11; Library Board of 9/30 and 10/28; Park and VELOPMENT BLOCK GRANT RECOVERY Recreation Commission of 11/9 (CDBG-R) FUNDS. Library Board of Trustees Update from Meet- Whereas, the City of Dubuque prepared and ing of October 28, 2010 filed Annual Action Plans for Fiscal Years 2010 Proofs of publication of City Council Proceed- and 2011; and ings of November 1 and 15, 2010 and List of Whereas, the City of Dubuque now desires to Claims and Summary of Revenues for Month amend said Annual Plans by incorporating them Ended October 31, 2010 into one amended FY 2011 Annual Plan as per Upon motion the documents were received the attached Exhibit A; and and filed. Whereas, said amendment is a substantial amendment as provided in the City's Citizen Par- Notice of Claims/Suits: TransPaC Solutions for ticipation Plan and therefore must be approved by personal injury of Rebecca Voss; John W. McE- resolution of the City Council after a public hearing nery for vehicle damage; Kristi Schreiber for prop- by the Community Development Advisory Com- erty loss; Amy Osterberger for vehicle damage; mission; and Thomas C. Metz and Mary K. Metz, James W. Whereas, the City advertised a 30 day public LaBee and Bonita A. LaBee, and F. James Kolf comment period beginning October 13, 2010; and and Molly A. Kolf vs. City of Dubuque for property Whereas, the Community Development Advi- damage; Mark and Sandra Willis for vehicle dam- sory Commission reviewed the proposed amend- age. Upon motion the documents were received, ment at a public hearing on November 17, 2010, filed, and referred to the City Attorney. and has voted to approve said amendments and City Attorney advising that the following claims to recommend approval by the City Council. have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- 478 Regular Session, December 6, 2010 Book 140 THE COUNTY TREASURER AND TO PUB- NOW THEREFORE, BE IT RESOLVED BY LISH NOTICE THEREOF THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the Annual Action Plans for THE CITY COUNCIL OF THE CITY OF DUBU- Fiscal Years 2010 and 2011 are hereby rescinded QUE, IOWA: and the balance of funds from these plans are That after full consideration of the Schedule of incorporated into a Fiscal Year 2011 (Program Assessments attached hereto for weed/grass Year 2010) Annual Action Plan- Amendment 2, cutting and junk removal tax assessments which attached hereto as Exhibit A. Schedule of Assessments was filed in the office of st Section 2. That said Fiscal Year 2011 (Pro-the City Clerk on the 1 day of December, 2010 gram Year 2010) Annual Action Plan- Amendment and the said Schedule of Assessments be and the 2 attached hereto as Exhibit A is hereby approved. same is hereby approved and adopted. Section 4. That the City Manager is hereby au-That there be, and is herby assessed and le- thorized and directed to submit a copy of this reso-vied as a lien upon the real property, the respec- lution and Plan to the U.S. Department of Housing tive sums indicated. and Urban Development. That the City Clerk be and is hereby directed th Passed, approved and adopted this 6 day of to certify said schedule to the County Treasurer of December, 2010. Dubuque County, Iowa, and to publish notice of Roy D. Buol, Mayor said certification once each week for two consecu- Attest: Jeanne F. Schneider, CMC, City Clerk tive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not Acceptance of Worker’s Compensation more than fifteen days from the date of filing of the Claims Administrative Services: City Manager final schedule. On or before the date of the second recommending approval of an agreement be-publication of the notice, the City Clerk shall also tween the City of Dubuque and Alternative Servic-mail a copy of said notice to property owners es Concepts (ASC) for services related to the whose property is subject to assessment, as pro- administration of the City’s Worker’s Compensa-vided and directed in Iowa Code § 384.60. tion Program. Upon motion the documents were The assessments may be paid in full or in part received, filed, and approved. without interest at the Utility Billing Office, City Hall, th 50 W. 13 Street, Dubuque, Iowa, at any time National League of Cities: Communication within 30 days after the date of the first publication from Donald J. Borut, Executive Director – Nation-of the notice of the filing of the Schedule of As- al League of Cities, congratulating the City of Du-sessments with the County Treasurer. After 30 buque on winning the 2010 All-Star Community days, unpaid assessments are payable at the Award in the Sustainability Recognition category. County Treasurer’s Office, Dubuque County Upon motion the document was received and Courthouse, 720 Central Avenue, Dubuque, Iowa, filed. and charges shall be collected in the same man- ner as general property taxes against the respec- Environmental Stewardship Advisory Com-tive parcels of the property set opposite the name mission: Communication from the Environmental of the property owner. th Stewardship Advisory Commission recommend-Passed, approved and adopted this 6 day of ing City Council adoption of a Complete Streets December, 2010. Policy for new and existing streets. Upon motion Roy D. Buol, Mayor the document was received, filed, and referred to Attest: Jeanne F. Schneider, CMC, City Clerk the City Manager. SCHEDULE OF ASSESSMENTS FOR Weed Assessments: City Manager recom-SECOND HALF OF 2010 Owner; Location; Legal Description; Parcel mending approval of the levy of special assess- #; Category; Total Amount of Lien ments for the second half of the 2010 Weed En- forcement Program. Upon motion the documents The National Bank, 852 Middle Road, Betten- were received and filed and Resolution No. 448-dorf IA 52722 ; Lot south of 585 Tanzanite Drive; 10 Adopting the schedule of assessments for Lot 5 Emerald Acres No. 4; 1002479026; Weed second half of 2010 and directing the City Clerk to cutting; $95.00 certify the schedule of assessments to the County Corey Bonner, 1815 W 3rd Street; Dubuque Treasurer and to publish notice thereof was IA 52001; 1815 W 3rd St; Lots 13, 13A, 14 & 14A adopted. all in Hodges Sub # 2; 1026252022; Weed cutting; $77.50 RESOLUTION NO. 448-10 Federal National Mortgage Association, c/o Ci- ADOPTING THE SCHEDULE OF ASSESS- timortgage, # 2004405110, 1000 Technology Dr., MENTS FOR SECOND HALF OF 2010 AND O'Fallon MO 63368; 2828 Brunswick; Lot 68 Bel- DIRECTING THE CITY CLERK TO CERTIFY mont All; 1013178004; Weed cutting; $105.00 THE SCHEDULE OF ASSESSMENTS TO Book 140 Regular Session, December 6, 2010 479 Ryan Downs, 80 York Street, Dubuque IA 2010 Intake Reconstruction Project: City Man- 52001; 80 York Street; S 50' N 100' Lot 12 of Min ager recommending acceptance of the 2010 In- Lot 149; 1026432005; Weed cutting; $60.00 take Reconstruction Project as completed by Kevin & Sarah Halfhill, 1801 Lincoln Avenue, McDermott Excavating in the final contract amount Dubuque IA 52001; 1801 Lincoln; Lot 553 Hams of $65,999.00. Upon motion the documents were Add; 1118133008; Weed cutting; $77.50 received and filed and Resolution No. 449-10 Ac- Timothy Schulte, 2240 Hoyt Street, Dubuque cepting the 2010 Intake Reconstruction Project IA 52001; 2240 Hoyt Street; Lot 1-3 Pfohls Sub; and authorizing payment of the contract amount to 1023327001; Weed cutting; $77.50 the contractor was adopted. Anthony Trentz & Ti Krapfl, 1890 Audubon, RESOLUTION NO. 449-10 Dubuque IA 52001; 1890 Audubon; Lot 37 Rose- ACCEPTING THE 2010 INTAKE RECON- dale Add; 1023404007; Weed cutting; $77.50 STRUCTION PROJECT AND AUTHORIZING Deutsch National Tr Co, c/o Wells Fargo THE PAYMENT OF THE CONTRACT Bank, One Home Campus, Des Moines, IA AMOUNT TO THE CONTRACTOR 50312; 640 Sapphire Circle; Lot 2-2 Emerald Acres No. 4; 1002479021; Weed cutting; $77.50 Whereas, the Public Improvement Contract for Timothy Schulte, 2240 Hoyt Street, Dubuque the 2010 Intake Reconstruction Project (the IA 52001; 2240 Hoyt; Lot 1-3 Pfohls Sub; Project) has been completed and the City Engi- 1023327001; Weed cutting; $112.50 neer has examined the work and filed a certificate Kevin & Sarah Halfhill, 1801 Lincoln Avenue, stating that the Project has been completed ac- Dubuque IA 52001; 1801 Lincoln; Lot 553 Hams cording to the terms of the Public Improvement Add; 1118133008; Weed cutting; $77.50 Contract and that the City Engineer recommends Bayview Investments LC, 1940 Amelia Dr., that the Project be accepted. Dubuque IA 52001; 30 W 28th; N 36.5' & S 23.5' - NOW THEREFORE, BE IT RESOLVED BY W 114' OF LOT 263 Davis Farm Add.; THE CITY COUNCIL OF THE CITY OF DUBU- 1013307011; Weed cutting; $77.50 QUE, IOWA: Dale & Linda Walker 1271 Lakeside Dr. # Section 1. The recommendation of the City 3127, Sunnyvale CA 94085-1061; 830 Valentine; Engineer is approved and the Project is hereby Lot 1 Blk 2 Thomas Farm Add; 1035305004; accepted. Weed cutting; $95.00 Section 2. The Finance Director is hereby di- Advanced Custom Builders LLC, 15942 Can-rected to pay to the Contractor from the Catch terbury Ct., Dubuque IA 52002; 3357 Arrowwood Basin Maintenance appropriation for the contract Lane; LOT 12 BLK 8 ARBOR ESTATES; amount of $65,999.00 less any retained percen- 1009482006; Weed cutting; $112.50 tage provided for therein as provided in Iowa Code Veronica Paradiso, 222 Evergreen Dr., Mar-Chapter 573, and to pay such retainage only in shall WI 53559-9214; 459 Loras; Lot 6 of City Lot accordance with the provisions of Iowa Code 667; 1024338005; Weed cutting; $95.00 Chapter 573. th Bruggeman, Monte, 2494 Hempstead Street, Passed, approved and adopted this 6 day of Dubuque IA 52001; 2494 Hempstead; Lot 1-2-2-3 December, 2010. Lots 146 & 146A LH Langworthy's Add; Roy D. Buol, Mayor 1024104002; Weed cutting; $77.50 Attest: Jeanne F. Schneider, CMC, City Clerk Deutsch National Tr Co, c/o Wells Fargo CITY ENGINEER’S CERTIFICATE OF FINAL Bank, One Home Campus, Des Moines, IA COMPLETION OF THE 2010 INTAKE RE- 50312; Sapphire Circle, 640; Lot 2-2 Emerald CONSTRUCTION PROJECT Acres No. 4; 1002479021; Weed cutting; $60.00 Thomas & Christine Meierhoff, 365 Hill Street, The undersigned City Engineer of the City of Dubuque IA 52001; Hill Street, 365; Lot 26 Dem-Dubuque, Iowa, hereby certifies that he has in- ing & Horrs Sub; 1025176022; Weed cutting & spected the 2010 Intake Reconstruction Project, Junk removal; $462.00 that the Project has been performed in compliance Steve Haggerty, 620 Fremont Ave., Dubuque with the terms of the Public Improvement Contract, IA 52003; Lot at corner of N Grandview & Kauf-and that the total cost of the completed work is mann Avenues; Lot 2-1-1-1-1-1-1-1-1-1 of Mineral $68,197.45. th Lot 342; 1014376021; Weed cutting; $95.00 Dated this 30 day of November, 2010. Kaiser, Travis A. & Chapman, Kendra K, 2721 Gus Psihoyos, City Engineer th Elm St; 2721 Elm St; S 1/2 of Lot 191 GlenDale Filed in the office of the City Clerk on the 30 Add; Junk removal; $110.00 day of November, 2010. Michael, Gay & David Early, 627 Angella Jeanne F. Schneider, CMC, City Clerk Street, Dubuque IA 52001; 627 Angella; Lot 17 thth Quigley's Sub of 712 627-629 Angella; Junk and Locust Street Resurfacing Project – 9 to 17 animal waste removal; $240.00 Streets: City Manager recommending acceptance th TOTAL = $2,262.00 of the Locust Street Resurfacing Project – 9 to th 17 Streets as completed by Tschiggfrie Excavat- ing Company in the final contract amount of 480 Regular Session, December 6, 2010 Book 140 $643,936.18. Upon motion the documents were received and filed and Resolution No. 450-10 Ac-Traffic Signal Mastarm Retrofit Project – Cen- ththth cepting the Locust Street Resurfacing Project – 9 tral Avenue at 5 and 7 Streets: City Manager th to 17 Streets and authorizing payment of the recommending acceptance of the Traffic Signal th contract amount to the contractor was adopted. Mastarm Retrofit Project – Central Avenue at 5 th and 7 Streets as completed by A&G Electric in RESOLUTION NO. 450-10 the final contract amount of $156,897.58. Upon ACCEPTING THE LOCUST STREET AS- motion the documents were received and filed and TH PHALT RESURFACING PROJECT (9 Resolution No. 451-10 Accepting the Traffic Signal TH th STREET TO 17 STREET), IOWA DOT Mastarm Retrofit Project – Central Avenue at 5 th PROJECTNO. STP-U-2100 (641)--70-31 and 7 Streets and authorizing payment of the AND AUTHORIZING THE PAYMENT OF THE contract amount to the contractor was adopted. CONTRACT AMOUNT TO THE CONTRAC- TOR RESOLUTION NO. 451-10 ACCEPTING THE TRAFFIC SIGNAL MAS- Whereas, the Public Improvement Contract for th TARM RETROFIT PROJECT, CENTRAL the Locust Street Asphalt Resurfacing Project (9 THTH th AVENUE AT 5 AND 7 STREETS, AND Street to 17 Street), Iowa DOT Project No. STP- AUTHORIZING THE PAYMENT OF THE U-2100 (641)--70-31 (the Project) has been com- CONTRACT AMOUNT TO THE CONTRAC- pleted and the City Engineer has examined the TOR work and filed a certificate stating that the Project has been completed according to the terms of the Whereas, the Public Improvement Contract for Public Improvement Contract and that the City the Traffic Signal Mastarm Retrofit Project, Central thth Engineer recommends that the Project be ac-Avenue at 5 and 7 Streets (the Project) has cepted. been completed and the City Engineer has ex- NOW THEREFORE, BE IT RESOLVED BY amined the work and filed a certificate stating that THE CITY COUNCIL OF THE CITY OF DUBU-the Project has been completed according to the QUE, IOWA: terms of the Public Improvement Contract and that Section 1. The recommendation of the City the City Engineer recommends that the Project be Engineer is approved and the Project is hereby accepted. accepted. NOW THEREFORE, BE IT RESOLVED BY Section 2. The Finance Director is hereby di-THE CITY COUNCIL OF THE CITY OF DUBU- rected to pay to the Contractor from the DMATS QUE, IOWA: thth STP Funds, Locust, 9 to 17, Sanitary Manhole Section 1. The recommendation of the City Replacement Program, Water Main Replacement Engineer is approved and the Project is hereby Program, and Storm Sewer Replacement Pro-accepted. gram appropriations for the contract amount of Section 2. The Finance Director is hereby di- $643,936.18 less any retained percentage pro-rected to pay to the Contractor from the Traffic vided for therein as provided in Iowa Code Chap-Signal Mastarm Retrofit, Signal Intersection Re- ter 573, and to pay such retainage only in accor-construction, Fiber Optic Conduit – Private and dance with the provisions of Iowa Code Chapter Miscellaneous appropriations for the contract 573. amount of $156,897.58 less any retained percen- th Passed, approved and adopted this 6 day of tage provided for therein as provided in Iowa Code December, 2010. Chapter 573, and to pay such retainage only in Roy D. Buol, Mayor accordance with the provisions of Iowa Code Attest: Jeanne F. Schneider, CMC, City Clerk Chapter 573. th CITY ENGINEER’S CERTIFICATE OF FINAL Passed, approved and adopted this 6 day of COMPLETION OF THE LOCUST STREET December, 2010. TH ASPHALT RESURFACING PROJECT (9 Roy D. Buol, Mayor TH STREET TO 17 STREET), IOWA DOT Attest: Jeanne F. Schneider, CMC, City Clerk PROJECTNO. STP-U-2100 (641)--70-31 CITY ENGINEER’S CERTIFICATE OF FINAL The undersigned City Engineer of the City of COMPLETION OF THE TRAFFIC SIGNAL Dubuque, Iowa, hereby certifies that he has in- MASTARM RETROFIT PROJECT, CENTRAL spected the Locust Street Asphalt Resurfacing THTH thth AVENUE AT 5 AND 7 STREETS Project (9 Street to 17 Street), Iowa DOT Project No. STP-U-2100 (641)--70-31, that the Project has The undersigned City Engineer of the City of been performed in compliance with the terms of Dubuque, Iowa, hereby certifies that he has in- the Public Improvement Contract, and that the spected the Traffic Signal Mastarm Retrofit thth total cost of the completed work is $796,194.25. Project, Central Avenue at 5 and 7 Streets, that th Dated this 29 day of November, 2010. the Project has been performed in compliance Gus Psihoyos, City Engineer with the terms of the Public Improvement Contract, th Filed in the office of the City Clerk on the 30 and that the total cost of the completed work is day of November, 2010. $180,432.22. th Jeanne F. Schneider, CMC, City Clerk Dated this 29 day of November, 2010. Book 140 Regular Session, December 6, 2010 481 Gus Psihoyos, City Engineer Section 2. That the Mayor is hereby authorized th Filed in the office of the City Clerk on the 30 and directed to execute the Agreement on behalf day of November, 2010. of the City of Dubuque and forward the executed Jeanne F. Schneider, CMC, City Clerk copy to the Iowa Department of Economic Devel- opment for their approval. th Replacement of Section 8 Software System: Passed, approved and adopted this 6 day of City Manager recommending approval of the is-December, 2010. suance of a request for proposals for replacement Roy D. Buol, Mayor of the Housing and Community Development Attest: Jeanne F. Schneider, CMC, City Clerk Department’s Section 8 financial and tenant man- agement software system. Upon motion the doc-Downtown Rehabilitation Loan and Grants for uments were received, filed, and approved. the Caradco Building Project: City Manager re- commending approval of a letter of commitment Housing Enterprise Zone Program Agreement for a Downtown Rehabilitation Loan of $300,000, – Bonson’s Block Ventures, LLC: City Manager a $10,000 façade grant, a $10,000 design grant recommending approval of a Housing Enterprise and a $15,000 financial consultant grant for John Zone Program Agreement by and among the Iowa and Mary Gronen to support their rehabilitation of Department of Economic Development, the City of the Caradco Building at 900 Jackson Street in the Dubuque and Bonson’s Block Ventures, LLC for Historic Millwork District. Upon motion the docu- benefits related to the redevelopment of the Bon-ments were received and filed and Resolution No. son Block building located at 356 Main Street. 453-10 Authorizing a letter of commitment and Upon motion the documents were received and additional actions concerning a Downtown Reha- filed and Resolution No. 452-10 Approving a bilitation Loan, Façade Grant, Design Grant and Housing Enterprise Zone Program Agreement by Financial Consultant Grant to Caradco Building, and among the Iowa Department of Economic LLLP, was adopted. Development, the City of Dubuque and Bonson’s RESOLUTION NO. 453-10 Block Ventures, LLC, was adopted. AUTHORIZING A LETTER OF COMMIT- RESOLUTION NO. 452-10 MENT AND ADDITIONAL ACTIONS CON- APPROVING A HOUSING ENTERPRISE CERNING A DOWNTOWN REHABILITA- ZONE PROGRAM AGREEMENT BY AND TION LOAN, FAÇADE GRANT, DESIGN AMONG THE IOWA DEPARTMENT OF GRANT AND FINANCIAL CONSULTANT ECONOMIC DEVELOPMENT, THE CITY OF GRANT TO CARADCO BUILDING, LLLP. DUBUQUE AND BONSON’S BLOCK VEN- Whereas, the City of Dubuque, Iowa, has TURES, LLC. created a Downtown Rehabilitation Loan/Grant Whereas, the City of Dubuque has established Program for the purpose of stimulating reinvest- two Enterprise Zones and an Enterprise Zone ment in the Greater Downtown Urban Renewal Commission; and District; and Whereas, the Enterprise Zone Commission on Whereas, the City of Dubuque, Iowa is en- September 29, 2010 approved the application of couraging the use of this loan/grant program to Bonson’s Block Ventures, LLC, for Housing En-finance code compliance activities and to spur job terprise Zone benefits; and creation activities; and Whereas, Bonson’s Block Ventures, LLC’s, Whereas, the loan application from Caradco application was approved by the Iowa Department Building, LLLP meets the requirements of this of Economic Development on October 19, 2010; program; and and Whereas, a Commitment Letter, hereto at- Whereas, the Iowa Department of Economic tached and by this reference made a part hereof, Development has prepared and submitted for City sets forth the terms and conditions of Caradco Council approval an agreement relating to Hous-Building, LLLP participation in the Downtown Re- ing Enterprise Zone benefits for Bonson’s Block habilitation Loan Program. Ventures, LLC, a copy of which is attached hereto NOW, THEREFORE, BE IT RESOLVED BY and by this reference made a part hereof; and THE CITY COUNCIL OF THE CITY OF DUBU- Whereas, the City Council finds that the pro-QUE, IOWA: posed agreement is acceptable and necessary to Section 1. That the application of Caradco the growth and development of the city. Building, LLLP for participation in the Downtown NOW THEREFORE, BE IT RESOLVED BY Rehabilitation Loan and Grant Program is hereby THE CITY COUNCIL OF THE CITY OF DUBU-accepted and approved. QUE, IOWA: Section 2. That the Mayor is hereby authorized Section 1. That the Iowa Department of Eco-to execute, on behalf of the City Council of the City nomic Development Housing Enterprise Zone of Dubuque, Iowa, the attached Commitment Let- Program Agreement, Number 11-HEZ-008, is ter and to forward said letter to Caradco Building, hereby approved. LLLP for review and approval. 482 Regular Session, December 6, 2010 Book 140 Section 3.That the City Manager be and he is Passed, approved and adopted this 6th day of hereby directed to prepare, upon execution and December, 2010. receipt of the attached Commitment Letter by the Roy D. Buol, Mayor applicant, the necessary loan documents in ac-Attest: Jeanne F. Schneider, CMC, City Clerk cordance with the terms and conditions set forth in said Commitment Letter. Recreation Site Field Supervisor Position: City Section 4.That the City Manager is hereby au-Manager recommending approval of the creation thorized to execute, on behalf of the City Council of a temporary part-time position to assist with of the City of Dubuque, Iowa, all necessary loan staffing at the Multicultural Family Center (MFC). documents and is further authorized to disburse Upon motion the documents were received, filed, loan funds from the Downtown Rehabilitation and approved. Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. Design Service Agreement: City Manager re- th Passed, approved and adopted this 6 day of commending approval of a Design Service December, 2010. Agreement with IIW for the Dubuque flood control th Roy D. Buol, Mayor system and East 12 Street peninsula. Upon mo- Attest: Jeanne F. Schneider, CMC, City Clerk tion the documents were received, filed, and ap- proved. National Academy of Public Administration: Press release that City Manager Michael C. Van Helping Services for Northeast Iowa: City Milligen has been elected to be a NAPA Fellow Manager recommending approval of a subcon- and information from the National Academy of tract with Helping Services for Northeast Iowa Public Administration. Upon motion the docu-regarding underage alcohol sales compliance ments were received and filed. checks and monitoring reimbursement. Upon mo- tion the documents were received, filed, and ap- Iowa 32 Bike / Hike Trail – Phase 2 Project: proved. City Manager recommending acceptance of the Iowa 32 Bike / Hike Trail – Phase 2 Project as Human Rights Commission Annual Report: completed by Connolly Construction in the final City Manager transmitting the Human Rights contract amount of $266,265. Upon motion the Commission’s Annual Report for Fiscal Year documents were received and filed and Resolu-2009/2010. Upon motion the documents were tion No. 454-10 Accepting the Iowa 32 Bike / Hike received and filed. Trail – Phase 2 Project and authorizing payment of the contract amount to the contractor was Washington Neighborhood Plan: City Manag- adopted. er recommending approval of the Washington Neighborhood Plan to facilitate future implementa- RESOLUTION NO. 454-10 tion of the strategies for the Washington Neigh- ACCEPTING THE IOWA 32 BIKE/HIKE borhood and providing an update on progress. TRAIL PHASE 2 PROJECT AND AUTHORIZ- Upon motion the documents were received and ING THE PAYMENT OF THE CONTRACT filed and Resolution No. 455-10 Adopting the AMOUNT TO THE CONTRACTOR Washington Neighborhood Plan was adopted. Whereas, the Public Improvement Contract for RESOLUTION NO. 455-10 the Iowa 32 Bike/Hike Trail Phase 2 Project (the ADOPTING THE WASHINGTON NEIGH- Project) has been completed and the City Engi- BORHOOD PLAN neer has examined the work and filed a certificate stating that the Project has been completed ac-Whereas, a two-year visioning and community cording to the terms of the Public Improvement planning process begun in 2007 produced a con- Contract and that the City Engineer recommends sensus-built plan for revitalization of the Washing- that the Project be accepted; and ton Neighborhood; and NOW THEREFORE, BE IT RESOLVED BY Whereas, this Plan was presented to the City THE CITY COUNCIL OF THE CITY OF DUBU-Council in a work session in April 2009, and has QUE, IOWA: served as a blueprint for subsequent implementa- Section 1. The recommendation of the City tion of recommendations for improvements in the Engineer is approved and the Project is hereby Washington Neighborhood; and accepted. Whereas, adoption of the Plan is required for Section 2. The Finance Director is hereby di-implementation of additional recommendations. rected to pay to the Contractor from the Iowa 32 NOW, THEREFORE, BE IT RESOLVED BY Bike/Hike Trail Phase 2 Project appropriation for THE CITY COUNCIL OF THE CITY OF DUBU- the contract amount of $266,265 less any retained QUE, IOWA: percentage provided for therein as provided in Section 1. That the Washington Neighborhood Iowa Code Chapter 573, and to pay such retai-Plan is hereby adopted in its entirety. th nage only in accordance with the provisions of Passed, approved and adopted this 6 day of Iowa Code Chapter 573. December, 2010. Book 140 Regular Session, December 6, 2010 483 th Roy D Buol, Mayor Passed, approved and adopted this 6 day of Attest: Jeanne F Schneider, CMC, City Clerk December, 2010. Roy D. Buol, Mayor Human Rights Commission: Communication Attest: Jeanne F. Schneider, CMC, City Clerk from Pamela Sharrad submitting her resignation from the Human Rights Commission. Upon motion Signed Contracts: Water Pollution Control the document was received and filed and the res-Plant Modifications – Additional Service Agree- th ignation accepted. ment; and the 10 and Central Parking Ramp and th 10 and Central Fire Headquarters Expansion – 3D Modeling Software:City Manager recom-Construction Testing and Inspection Services. mending that the City of Dubuque support a 3D Upon motion the documents were received and Modeling project to support transportation services filed. and economic development in Dubuque County and the region. Upon motion the documents were Business Licenses: City Manager recom- received, filed, and approved. mending approval of annual liquor license renew- als as submitted. Upon motion the documents Code of Ordinances: City Manager recom-were received and filed and Resolution No. 457- mending approval of Supplements 2 and 3 to the 10 Granting the issuance of a permit to sell ciga- City of Dubuque Code of Ordinances. Upon mo-rettes and cigarette papers to Kwik Stop; Resolu- tion the documents were received and filed and tion No. 458-10 Granting the issuance of a Class Resolution No. 456-10 Adopting Supplements 2 “C” Beer Permit to Hy-Vee #2, Kwik Stop Food and 3 to the Code of Ordinances of the City of Mart (2320 Hwy 61) and Kwik Stop (4110 Dodge Dubuque was adopted. Street); and Resolution No. 459-10 Granting the issuance of a Class “C” Beer/Liquor License to RESOLUTION NO. 456-10 Pepper Sprout, Instant Replay and Double Shot; a ADOPTING SUPPLEMENT NOS. 2 AND 3 Class “C” Liquor License to Cookin’ Something TO THE CODE OF ORDINANCES OF THE Up; a Class “B” Wine Permit to Hy-Vee #2; and a CITY OF DUBUQUE, IOWA Class “WBN” Native Wine License to I Luv Food, Whereas, under date of August 17, 2009, the Gotta Have It, Kwik Stop Food Mart (2320 Hwy City Council, pursuant to Ordinance No. 43-09, 61) and Kwik Stop (4110 Dodge Street) were readopted the Code of Ordinances of the City of adopted. Dubuque, Iowa in its entirety; and RESOLUTION NO. 457-10 Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted NOW, THEREFORE, BE IT RESOLVED BY certain ordinances amending the Code of Ordin-THE CITY COUNCIL OF THE CITY OF DUBU- ances and said amendments have been printed QUE, IOWA: as supplements to the Code of Ordinances; and That the following having complied with the Whereas, Section 380.8 of the Code of Iowa provisions of law relating to the sale of Cigarettes provides that supplements, by resolution, become within the City of Dubuque, Iowa, be granted a part of the Code of Ordinances. permit to sell Cigarettes and Cigarette Papers NOW THEREFORE BE IT RESOLVED BY within said City. THE CITY COUNCIL OF THE CITY OF DUBU-NEW QUE, IOWA: Kwik Stop, Rainbo Oil Company, 4110 Dodge Section 1. That Supplement No. 2 of the Code Street th of Ordinances of the City of Dubuque, Iowa, cover-Passed, approved and adopted this day 6 of ing Ordinances 52-09 through 54-09, 57-09, 59-December, 2010 09, 2-10 through 15-10, 17-10, 21-10, 22-10, 24-Roy D. Buol, Mayor 10 passed by Council and enacted through April Attest: Jeanne F. Schneider, CMC, City Clerk 19, 2010, prepared by the Sterling Codifiers, Inc., RESOLUTION NO. 458-10 and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and be-Whereas, applications for Beer Permits have comes part of the Code of Ordinances of the City been submitted and filed to this Council for ap- of Dubuque, Iowa. proval and the same have been examined and Section 2. That Supplement No. 3 of the Code approved: and of Ordinances of the City of Dubuque, Iowa, cover-Whereas, the premises to be occupied by ing Ordinances 25-10, 26-10, 31-10 through 37-such applicants were inspected and found to 10, 39-10 through 46-10, 48-10 through 50-10 and comply with the Ordinances of the City and have 54-10 passed by Council and enacted through filed proper bonds. September 20, 2010, prepared by the Sterling NOW, THEREFORE, BE IT RESOLVED BY Codifiers, Inc., and filed in the Office of the City THE CITY COUNCIL OF THE CITY OF DUBU- Clerk of the City of Dubuque, Iowa is hereby QUE, IOWA: adopted and becomes part of the Code of Ordin- ances of the City of Dubuque, Iowa. 484 Regular Session, December 6, 2010 Book 140 That the Manager be authorized to cause to Historic Millwork District Complete Streets be issued the following named applicants a Beer Project: City Manager recommending initiation of Permit. the public bidding process for the Historic Millwork CLASS “C” BEER PERMIT District Complete Streets Project and that a public Hy-Vee, Inc., Hy-Vee #2 +(Sunday Sale), hearing be set for December 20, 2010 to consider 2395 NW Arterial approval of the plans and specifications, form of Rainbo Oil Company, Kwik Stop Food Mart contract, estimated cost and Resolution of Neces- +(Sunday Sale), 2320 Hwy 61 sity. Upon motion the documents were received Rainbo Oil Company, Kwik Stop +(Sunday and filed and Resolution No. 460-10 Preliminary Sale), 4110 Dodge Street approval of plans, specifications, form of contract, th Passed, approved and adopted this 6 day of and estimated cost, setting date of public hearing December, 2010 and ordering bids for the Historic Millwork District Roy D. Buol, Mayor Complete Streets Project; and Resolution No. Attest: Jeanne F. Schneider, CMC, City Clerk 461-10 Approving the plat, schedule of assess- ments and estimate of total cost and setting date RESOLUTION NO. 459-10 of public hearing on the Resolution of Necessity Whereas, applications for Liquor Licenses were adopted setting a public hearing for a meet- have been submitted to this Council for approval ing to commence at 6:30 p.m. on December 20, and the same have been examined and approved; 2010 in the Historic Federal Building. and RESOLUTION NO. 460-10 Whereas, the premises to be occupied by HISTORIC MILLWORK DISTRICT such applicants were inspected and found to COMPLETE STREETS PROJECT comply with the State Laws and all City Ordin- PRELIMINARY APPROVAL OF PLANS, ances relevant thereto and they have filed proper SPECIFICATIONS, FORM OF CONTRACT, bonds. AND ESTIMATED COST; SETTING DATE NOW, THEREFORE, BE IT RESOLVED BY OF PUBLIC HEARING ON PLANS, SPECI- THE CITY COUNCIL OF THE CITY OF DUBU- FICATIONS, FORM OF CONTRACT, AND QUE, IOWA: ESTIMATED COST; AND ORDERING THE That the Manager be authorized to cause to ADVERTISEMENT FOR BIDS be issued the following named applicants a Liquor License. NOW THEREFORE, BE IT RESOLVED BY CLASS “C” BEER/LIQUOR LICENSE THE CITY COUNCIL OF THE CITY OF DUBU- Pepper Sprout, Inc., Pepper Sprout +(Sunday QUE, IOWA: Sale), 378 Main Street The proposed plans, specifications, form of Pamela Barry Arensdorf, Instant Replay contract and estimated cost for the Historic Mill- +(Sunday Sale), 1602 Central Avenue work District Complete Streets Project, in the esti- Tim Specht, Double Shot +(Sunday Sale), mated amount $6,631,721.25, are hereby prelimi- 2093 Washington Street narily approved and ordered filed in the office of SPECIAL CLASS “C” LIQUOR the City Clerk for public inspection. th Cookin’ Something Up, Cookin’ Something Up A public hearing will be held on the 20 day of +(Sunday Sale), 1640 JFK Rd. December, 2010, at 6:30 p.m. in the Historic Fed- CLASS “B” WINE eral Building Council Chambers at which time Hy-Vee, Inc., Hy-Vee # 2, 2395 NW Arterial interested persons may appear and be heard for CLASS “WBN” NATIVE WINE LICENSE or against the proposed plans and specifications, TFM, I Luv Food, 535 Hill Street, Ste. B form of contract and estimated cost of said Project, Gotta Have It, Inc., Gotta Have It, 315 Bluff and the City Clerk be and is hereby directed to Street cause the attached notice of the time and place of Rainbo Oil Company, Kwik Stop Food, 2320 such hearing to be published in a newspaper hav- Hwy 61 ing general circulation in the City of Dubuque, Rainbo Oil Company, Kwik Stop, 4110 Dodge Iowa, which notice shall be published not less than Street four days nor more than twenty days prior to the Passed, approved and adopted this 6th day of date of such hearing. At the hearing, any interest- December. 2010 ed person may appear and file objections to the Roy D. Buol, Mayor proposed plans, specifications, form of contract, or Attest: Jeanne F. Schneider, CMC, City Clerk estimated cost of the Project. The Historic Millwork District Complete Streets ITEM TO BE SET FOR PUBLIC HEARING Project is hereby ordered to be advertised for bids for construction. Motion by Lynch to receive and file the docu-The amount of the security to accompany ments, adopt the resolutions, set the public hear-each bid shall be in an amount which shall con- ing as indicated, and direct the City Clerk to pub-form to the provisions of the Notice to Bidders lish notice as prescribed by law. Seconded by hereby approved. Braig. Motion carried 6-0. Book 140 Regular Session, December 6, 2010 485 th The City Clerk is hereby directed to advertise Passed, approved and adopted this 6 day of for bids for the construction of the improvements December, 2010. herein provided, by publishing the attached Notice Roy D. Buol, Mayor to Bidders to be published in a newspaper having Attest: Jeanne F. Schneider, CMC, City Clerk general circulation in the City of Dubuque, Iowa, MILLWORK DISTRICT which notice shall be published not less than four RECONSTRUCTION PROJECT but not more than forty-five days before the date th PRELIMINARY SCHEDULE OF VALUATION for filing bids before 2:00 p.m. on the 25 day of AND PROPOSED ASSESSMENTS January, 2011. Bids shall be opened and read by DATE: NOVEMBER 8, 2010 the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the The following schedule is hereby determined th 7 day of February, 2011, in the Historic Federal to show each lot proposed to be assessed for the Building Council Chambers (second floor), 350 improvement shown in the title together with the th West 6 Street, Dubuque, Iowa. amount proposed to be assessed against each lot th Passed, adopted and approved this 6 day of and the valuations shown opposite each lot are December, 2010. hereby fixed as the true value of such lots by the Roy D. Buol, Mayor City Council of the City of Dubuque PROPERTY OWNER NAME; LOT DE- Attest: Jeanne F. Schneider, CMC, City Clerk SCRIPTION; PARCEL NUMBER; NET AS- RESOLUTION NO. 461-10 SESSED VALUATION (2010); VALUATION; HISTORIC MILLWORK DISTRICT WITH IMPROVEMENT; 20% NET PAVING COMPLETE STREETS PROJECT IMPROVEMENT COST; 100% NET PAVING APPROVING THE PLAT, SCHEDULE OF IMPROVEMENT COST; CONCRETE SIDE- ASSESSMENTS AND ESTIMATE OF TOTAL WALK COST; TOTAL PUBLIC IMPROVE- COST AND SETTING DATE OF PUBLIC MENT COST; ASSESSMENT DEFICIENCY; HEARING ON RESOLUTION OF NECESSI-PRIVATE SANITARY SEWER SERVICE; TY PRIVATE WATER SERVICE; TOTAL NET ASSESSMENT Whereas, the proposed Resolution of Neces- sity for the Project has been introduced for the Design Center, Inc.; City Lots 359, 360 & 361; Project. 10 24 491 001; $48,400; $65,549.08; $17,149.08; NOW THEREFORE,BE IT RESOLVED BY $17,149.08; -$761.81; $16,387.27 THE CITY COUNCIL OF THE CITY OF DUBU-Plastic Center, Inc.; City Lots 364-368 Inc. also QUE, IOWA: Vac Alley between City Lots 359 to 363 & City The attached plat, schedule of assessments, Lots 364 to 368; 10 24 491 002; $582,410; and estimate of total cost for the Historic Millwork $602,988.90; $20,578.90; $20,578.90; $20,578.90 District Complete Streets Project and the pro-Plastic Center, Inc.; Balance City Lot 404; 10 posed Resolution of Necessity are hereby ap-24 492 001; $73,200; $101,142.63; $27,942.63; proved and ordered placed on file in the Office of $27,942.63; -$2,656.97; $25,285.66 the City Clerk. Plastic Center, Inc.; City Lots 354, 355, 356, th The City Council will meet on the 20 day of 357 & 358 Also W1/2 alley between White St. & December, 2010, at 6:30 p.m. at the Historic Fed-Jackson from 7th-8th-Adjacent to Said Lots; 10 24 eral Building Council Chambers (second floor), 488 001; $730,880; $766,189.52; $35,309.52; th 350 West 6 Street, Dubuque, Iowa, at which time $35,309.52; $35,309.52 the owners of property subject to assessment for Plastic Center, Inc.; City Lots 369, 370, 371, the proposed improvement or any other person 372 & 373 Also E 1/2 Alley adjacent to City Lots having an interest in the matter may appear and 369 to 373 - alley located between White & Jack- be heard for or against the making of the im-son Sts. 7th - 8th Sts.; 10 24 488 002; $67,400; provement, the boundaries of the district, the cost, $112,349.19; $44,949.19; $44,949.19; - the assessment against any lot, or the final adop-$16,861.89; $28,087.30 tion of a resolution of necessity. Wilmac Property Co.; City Lots 349A, 349, A property owner will be deemed to have 350, 351, 352, 353, 374, 375, 376, 377 & 378; 10 waived all objections unless at the time of hearing 24 483 001; $926,600; $980,548.22; $53,948.22; the property owner has filed objections with the $53,948.22; $53,948.22 City Clerk. Wilmac Property Co.; City Lot 379 & S 15' City The City Clerk be and is hereby authorized Lot 380; 10 24 479 008; $78,400; $86,277.80; and directed to cause the attached notice of the $7,877.80; $7,877.80; $7,877.80 time and place of such hearing to be published in Redmond, Mark S.; W 45' City Lot 399, W 45' a newspaper having general circulation in the City N 1/2 City Lot 400; 10 24 484 001; $49,000; of Dubuque, Iowa, which notice shall be published $55,255.78; $6,255.78; $6,255.78; $6,255.78 once each week for two consecutive weeks, the Rettenmaier, John; E 55' City Lot 399 & E 55' first publication of which shall be not less than ten N 1/2 City Lot 400; 10 24 484 002; $87,600; days prior to the day fixed for its consideration. $90,113.28; $2,513.28; $2,513.28; $2,513.28 486 Regular Session, December 6, 2010 Book 140 BOARDS/COMMISSIONS 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 Applicants were invited to address the City Caradco Building LLLP; City Lots 394 thru Council regarding their desire to serve on the fol- 398, 420 thru 424, & S 1/2 W Bal of City Lot 505A lowing Boards/Commissions: & City Lot 394A; 10 24 480 009; $340,500; Human Rights Commission: Three 3-year $640,436.07; $27,416.83; $244,163.00; terms through January 1, 2014 (Terms of Davis, $28,356.24; $299,936.07; $5,000.00; $2,000.00; Scott, and Rubenstein); one 3-year term through $306,936.07 January 1, 2013 (Term of Sharrad); and one 3- White, John H.; Lot 1 of City Lot 381 N 36.2' of year term through January 1, 2012 (Term of City Lot 380; 10 24 479 007; $28,700; $35,415.17; Wilberding). Applicants: Frederick Davis, Jr., $6,715.17; $6,715.17; $6,715.17 2274½ Washington Street; Kurt Hansen, 511 Noc- White, John H.; Lot 2 of City Lot 381; 10 24 turnal Lane; and Marcos Rubinstein, 663 Fenelon 479 011; $52,700; $56,383.43; $3,683.43; Place. Mr. Davis and Mr. Hansen spoke in support $3,683.43; $3,683.43 of their appointment. Montague, Ryan; City Lot 382; 10 24 479 010; Mediacom Cultural Affairs Charitable Founda- $106,500; $112,592.80; $6,092.80; $6,092.80; tion: Two 1-year terms through December 31, $6,092.80 2011 (Terms of Chavenelle and Twining). Appli- Jakd LLC; City Lot 383; 10 24 479 009; cants: Gail Chavenelle, 1155 Kelly Lane; and $79,300; $85,392.80; $6,092.80; $6,092.80; ; Connie Twining, 421 N. Booth Street. $6,092.80 Safe Community Advisory Committee: Nine 1- Spahn & Rose Lumber Co.; City Lots 384-387 year terms through December 31, 2011. Appli- & S 1/2 City Lot 388; 10 24 477 010; $363,000; cants: Anthony Allen, 1725 Delhi Street; Mary Rae $390,417.60; $27,417.60; $27,417.60; ; Bragg, 350 Kaufmann Avenue; Diane Callahan, $27,417.60 531 Sapphire Circle; Jonathan Cheatham, 2396 Kalmes Brothers LLC; N 1/2 City Lot 388; 10 University Avenue; Rachel Daack, 800 Laurel 24 477 009; $133,000; $136,046.40; $3,046.40; Street; Amanda Elkins, 2257 Chaney Road; Ann $3,046.40; $3,046.40 Ernst, 899 Mt. Carmel Road; Phil French, 1035 Mabusth, Stuart W. & Mary P.; City Lot 389, N Rockdale Road; Bob Lanka, 2280 Jackson Street; 30.89' of City Lot 390; 10 24 480 001; $79,600; Doug Stillings, 1255 Locust Street; Susan Stork, $89,358.00; $9,758.00; $9,758.00; $9,758.00 2115 Golden Eagle Drive; and Lynn Sutton, 876 Mabusth, Stuart W. & Mary P.; City Lots 428 & Yale Court. Ms. Bragg, Ms. Callahan, Ms. Daack, 429 & N Pt City Lot 427; 10 24 480 002; $127,500; Ms. Ernst, Mr. French, Mr. Stillings, Ms. Stork, and $127,500.00; $0.00; $2,500.00; $2,500.00; Ms. Sutton spoke in support of their appointment. $5,000.00 ACTION ITEMS 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.); Request to Reconsider – Radford Court Re- 10 24 480 003; $582,200; $732,299.49; zoning: Communication from John Herrig request- $17,618.49; $115,783.00; $16,698.00; ing that City Council reconsider the Radford Court $150,099.49; $0.00; $2,000.00; $10,000.00; rezoning application. $162,099.49 Communications from City Attorney Barry A. Warehouse Redevelopment LLC; Lot 2 Cen-Lindahl regarding the reclassification for Radford ter City Place (375 E. 9th); 10 24 480 014; Court LLC. $402,600; $756,149.00; $311,425.00; $42,124.00; Communication from Mark J. Sullivan request- $353,549.00; $0.00; $1,500.00; $2,000.00; ing that the City Council deny the reconsideration $357,049.00 application filed by John Herrig. Mid American Holdings; Lot 1 Center City Mayor Buol reiterated concerns brought up at th Place; 10 24 480 013; $703,500; $1,199,860.16; the November 15 public hearing. $456,628.00; $39,732.16; $496,360.16; $0.00; Motion by Jones to reconsider the request and $2,500.00; $15,000.00; $513,860.16 re-open the public hearing. Seconded by Connors. Jeld-Wen Inc. D/B/A Jeld-Wen Fiber of Iowa Motion failed 2-4 with Lynch, Resnick, Braig and Attn Prop. Tax Acct.; City Lots 405, 405A, 406, Buol voting nay. 407, 408, 409, 410, 411, 412, 413, 414 & 2-417; Motion by Jones to reconsider the request and 10 24 489 002; $260,050; $311,961.79; allow developer John Herrig to rebut public com- $51,911.79; $51,911.79; $51,911.79 ments only. Motion carried 6-0. Mr. Herrig, 13750 Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa Surrey Lane, spoke and waived his right to rebut- Attn Prop. Tax Acct.; City Lot 402, 403, N25'2" Lot tal. 415, 416 & 416A; 10 24 484 010; $128,500; Motion by Braig to receive and file the docu- thth $141,914.39; $13,414.39; $13,414.39; $13,414.39 ments from the November 15 and December 6 TOTALS: $1,653,740.70; -$20,280.68; meetings. Seconded by Lynch. Motion carried 6-0. $13,500.00; $31,500.00; $1,678,460.03 Motion by Connors to receive and file the doc- uments and consider the first reading of the pro- Book 140 Regular Session, December 6, 2010 487 posed ordinance amending Title 16 of the City of Section 1. That the filing of an application for Dubuque Code of Ordinances, Unified Develop-participation in the CEBA Program on behalf of ment Code, by reclassifying hereinafter described Eagle Point Software is hereby approved. property located at the end of Radford Court from Section 2. That the local match identified in the C-2 Neighborhood Shopping Center District to R-4 application estimated at $200,000 consisting of Multi-Family Residential District from the table. TIF funding to the Landlord for buildout of the Seconded by Jones. Motion failed 4-2 with Lynch, space was approved in the Development Agree- Resnick, Braig, and Buol voting nay. ment to redevelop the property at 40 Main Street. Section 3. That the Mayor is hereby authorized City in Motion – An IBM First of a Kind Pro-to execute and the City Manager is hereby di- posal: City Manager recommending approval of rected to submit said application to the Iowa De- the expansion of the IBM / City of Dubuque Smar-partment of Economic Development together with ter City Partnership into the area of vehicle miles such documents as may be required. th traveled. Motion by Connors to receive and file the Passed, approved, and adopted this 6 day of documents and approve the recommendation. December, 2010. Seconded by Resnick. Motion carried 6-0. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Memorandum of Understanding – Black Hills Energy: City Manager recommending approval to Five Flags Civic Center Annual Report: City enter into a Memorandum of Understanding with Manager transmitting the Five Flags Civic Center Black Hills Energy Corporation to conduct a natu-Annual Report and advising that Five Flags Man- ral gas pilot program as part of Smarter Sustaina-ager Joyce White will provide an update on activi- ble Dubuque. Motion by Jones to receive and file ties in the current fiscal year and plans for the fu- the documents and approve the recommendation. ture. Motion by Connors to receive and file the Seconded by Resnick. Motion carried 6-0. documents. Seconded by Braig. Ms. White re- viewed highlights from the annual report and de- State of Iowa Financial Assistance Application scribed new initiatives for the Center. Motion car- for Eagle Point Software: City Manager recom-ried 6-0. mending approval of the submission of a Commu- nity Economic Betterment Account (CEBA) Pro-Multicultural Family Center Annual Report: gram Financial Assistance application to the Iowa City Manager transmitting the Multicultural Family Department of Economic Development on behalf Center Annual Report and advising that Multicul- of Eagle Point Software Corporation. Motion by tural Family Center Director Tara Velez will pro- Connors to receive and file the documents and vide an update on the efforts and success of the adopt Resolution No. 462-10 Authorizing the filing Center. Motion by Lynch to receive and file the of an application for State Financial Assistance on documents. Seconded by Jones. Ms. Valez pro- behalf of Eagle Point Software. Seconded by vided highlights from the Center’s first annual re- Braig. Motion carried 6-0. port and responded to questions from City Coun- cil. Motion carried 6-0. RESOLUTION NO. 462.10 AUTHORIZING THE FILING OF AN APPLI- Results of Public Vote for Rebranding and CATION FOR STATE FINANCIAL ASSIS- Renaming KeyLine: City Manager transmitting the TANCE ON BEHALF OF EAGLE POINT results of the public vote for the rebranding and SOFTWARE. renaming of KeyLine and recommending that the Whereas, Eagle Point Software Corporation City Council select a new name from the top vote has proposed the relocation and expansion of its getters. Motion by Connors to receive and file the operations in Dubuque, Iowa; and documents, select the name “JULE”, and leave Whereas, the City Council of Dubuque, Iowa the color choice to staff. Seconded by Braig. Res- has considered said proposal and has determined ponding to questions from City Council, Economic that the proposed project will contribute to the local Development Director Dave Heiar stated that economy through the creation of 15 total jobs; and ECIA staff will handle the graphic design work and Whereas, the Iowa Department of Economic requests direction from the City Council regarding Development's Community Economic Betterment name and possible color scheme adding that out- Account (CEBA) Program was designed to assist side design companies will be considered. Transit in the economic development efforts of local juris-Director Barbara Morck explained that due to dictions; and equipment wear patterns it would not be feasible Whereas, the City of Dubuque, Iowa is eligible to limit vehicles to specific colors and routes. Mo- to apply for funding from the CEBA program. tion carried 6-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-State of Iowa Legislative Priorities – 2011 QUE, IOWA: Session: City Manager recommending approval of the State of Iowa Legislative Priorities for the 2011 session. Motion by Connors to receive and file and 488 Special Session, December 20, 2010 Book 140 CITY OF DUBUQUE, IOWA approve the recommendation. Seconded by Braig. Motion carried 6-0. CITY COUNCIL OFFICIAL Council Appointments: Communication from PROCEEDINGS Jesús Avilés, Dubuque Racing Association, re- questing that the City make appointments to the DRA Board of Directors (currently Mayor Roy The Dubuque City Council met in special ses- Buol, City Council Members Kevin Lynch and Ric sion at 5:30 p.m. on December 20, 2010 in the Jones, and City Manager Michael C. Van Milli- Historic Federal Building. gen). Communication from M. Thomas Stovall, Ex- Present: Mayor Buol, Council Members Braig, ecutive Director of Operation: New View Commu- Connors, Lynch, Resnick, City Manager Van Milli- nity Action Agency, requesting that the City make gen, City Attorney Lindahl appointments to the Board of Directors (currently City Council Members Ric Jones and David Res- Absent: Council Members Jones and Voet- nick), and a representative appointed by the City berg Manager (currently Jason Hartman). Motion by Connors to receive and file the doc- Mayor Buol read the call and stated this is a uments and reappoint the current members to the special session of the City Council to conduct a DRA board and Council Member Resnick to the closed session in accordance with Chapter Operation: New View board. Seconded by Res- 21.5(1)(c)(j) Code of Iowa. nick. Jones indicated that he would be agreeable to going off the Operation: New View Board due to Motion by Lynch at 5:31 p.m. to go into closed schedule conflicts. Connors questioned why three session to discuss pending litigation pursuant to people represent the City on the Operation New Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by View board. Van Milligen suggested appointing Resnick. Motion carried 5-0. one person and checking into the agency’s by- laws relative to membership. Motion carried 6-0. Upon motion at 5:59 p.m. the City Council re- convened in open session stating that staff had There being no further business, upon motion been given proper direction. the City Council adjourned at 8:26 pm. There being no further business, upon motion /s/Jeanne F. Schneider, CMC the City Council adjourned at 6:00 p.m. City Clerk /s/Kevin S. Firnstahl Assistant City Clerk Book 140 Regular Session, December 20, 2010 489 CITY OF DUBUQUE, IOWA McDermott Excavating in the final contract amount of $21,942.75. Upon motion the documents were CITY COUNCIL received and filed and Resolution No. 463-10 Ac- OFFICIAL cepting the Woodland Drive Storm Sewer Project PROCEEDINGS and authorizing payment of the contract amount to the contractor was adopted. The Dubuque City Council met in regular ses- RESOLUTION NO. 463-10 sion at 6:30 p.m. on December 20, 2010 in the ACCEPTING THE WOODLAND DRIVE Historic Federal Building. STORMWATER PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT Present: Mayor Buol, Council Members Braig, AMOUNT TO THE CONTRACTOR Connors, Jones (joined at 6:33 p.m.), Lynch, Res- Whereas, the Public Improvement Contract for nick, City Manager Van Milligen, City Attorney the Woodland Drive Stormwater Project (the Lindahl Project) has been completed and the City Engi- neer has examined the work and filed a certificate Absent: Council Member Voetberg stating that the Project has been completed ac- cording to the terms of the Public Improvement Mayor Buol read the call and stated this is a Contract and that the City Engineer recommends regular session of the City Council to act upon that the Project be accepted. such business that may properly come before the NOW THEREFORE, BE IT RESOLVED BY City Council. THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Pledge of Allegiance Section 1. The recommendation of the City Engineer is approved and the Project is hereby Invocation was provided by Mayor Buol. accepted. Section 2. The Finance Director is hereby di- CONSENT ITEMS rected to pay to the Contractor from the Woodland Storm and Curb and Catch Basin Replacement Motion by Lynch to receive and file the docu- fund appropriations for the contract amount of ments, adopt the resolutions, and dispose of as $21,942.75 less any retained percentage provided indicated. Seconded by Resnick. Connors re- for therein as provided in Iowa Code Chapter 573, quested (#20) Citizen Communication from Marion and to pay such retainage only in accordance with Martin Pliner be held for separate discussion. Mo- the provisions of Iowa Code Chapter 573. tion carried 6-0. th Passed, approved and adopted this 20 day of December, 2010. Minutes and Reports Submitted: Cable TV Te- Roy D. Buol, Mayor leprogramming Commission of 11/2; City Council Attest: Jeanne F. Schneider, CMC, City Clerk of 12/15; Civil Service Commission of 9/1; Com- munity Development Advisory Commission of CITY ENGINEER’S CERTIFICATE OF FINAL 12/1; Electrical Board of 11/22; Historic Preserva- COMPLETION OF THE WOODLAND DRIVE tion Commission Education Task Force of 11/17 STORMWATER PROJECT and 12/1; Human Rights Commission of 11/8; The undersigned City Engineer of the City of Zoning Advisory Commission of 12/1; Zoning Dubuque, Iowa, hereby certifies that he has in- Board of Adjustment of 12/1. Upon motion the spected the Woodland Drive Stormwater Project, documents were received and filed. that the Project has been performed in compliance with the terms of the Public Improvement Contract, Notice of Claims/Suits: Justine Pesko for ve- and that the total cost of the completed work is hicle damage; Kayla McLaughlin and Nicole $23,347.62. Huseman for vehicle damage. Upon motion the th Dated this 13 day of December, 2010. documents were received, filed and referred to the Gus Psihoyos, City Engineer City Attorney. th Filed in the office of the City Clerk on the 15 day of December, 2010. City Attorney advising that the following claim Jeanne F. Schneider, CMC, City Clerk has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- Historic Shot Tower – Phase I Project: City ance Pool: Justine Pesko for vehicle damage. Manager recommending acceptance of the Histor- Upon motion the documents were received, filed ic Shot Tower – Phase I Project as completed by and concurred. Klauer Construction Company in the final contract amount of $642,238.00. Upon motion the docu- Woodland Drive Storm Sewer Project: City ments were received and filed and Resolution No. Manager recommending acceptance of the Wood- 464-10 Accepting the Historic Shot Tower – land Drive Storm Sewer Project as completed by 490 Regular Session, December 20, 2010 Book 140 Phase I Project and authorizing payment of the Water Pollution Control Plant, Mercury Spill at contract amount to the contractor was adopted. Trickling Filters Clean-Up Project. Upon motion the documents were received, filed, and approved. RESOLUTION NO. 464-10 ACCEPTING THE HISTORIC SHOT TOWER Acquisition of Property – Bee Branch Creek REHABILITATION PROJECT - PHASE I AND Restoration Project: City Manager recommending AUTHORIZING THE PAYMENT OF THE approval of the acquisition of property at 2356 CONTRACT AMOUNT TO THE CONTRAC- Washington Street for the Bee Branch Creek Res- TOR toration Project. Upon motion the documents were Whereas, the Public Improvement Contract for received and filed and Resolution No. 465-10 Ap- the Historic Shot Tower Rehabilitation Project – proving the acquisition of real estate owned by Phase I (the Project) has been completed and the Steven R. and Sue A. Boelk in the City of Dubu- City Engineer has examined the work and filed a que was adopted. certificate stating that the Project has been com- RESOLUTION NO. 465-10 pleted according to the terms of the Public Im- APPROVING THE ACQUISITION OF REAL provement Contract and that the City Engineer ESTATE OWNED BY STEVEN R. AND SUE recommends that the Project be accepted. A. BOELK IN THE CITY OF DUBUQUE NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-Whereas,the City of Dubuque intends to ac- QUE, IOWA: quire certain properties located in the area of the Section 1. The recommendation of the City Bee Branch Creek Restoration Project for storm- Engineer is approved and the Project is hereby water mitigation activities as recommended in the accepted. Drainage Basin Master Plan; and Section 2. The Finance Director is hereby di-Whereas,a purchase agreement has been fi- rected to pay to the Contractor from the HDRP nalized with the owner of the property scheduled Grant ($15,500; CIP 1001854), Save America’s for acquisition. Treasures Grant ($295,000; CIP 7001854), Histor-NOW, THEREFORE, BE IT RESOLVED BY ic Sites Preservation Grant ($100,000; CIP THE CITY COUNCIL OF THE CITY OF DUBU- 1001854), Historic District Public Improvement QUE, IOWA: Project ($100,000; CIP 1001854), Shot Tower Section 1. That the City of Dubuque hereby Restoration General Fund ($116,738; CIP approves the acquisition of the following legally 7001854), Shot Tower Restoration General Fund described property: Lot 2-2-1-106 L H Langwor- ($15,000; CIP 1001854) appropriations for the thy’s Add, all in the City of Dubuque, Dubuque contract amount of $642,238.00 less any retained County, Iowa, at the cost of Eighty Six Thousand percentage provided for therein as provided in Five Hundred and 00/100 Dollars ($86,500.00). Iowa Code Chapter 573, and to pay such retai-Section 2. That the City of Dubuque be and is nage only in accordance with the provisions of hereby authorized to accept a Quit Claim deed Iowa Code Chapter 573. from the owner, conveying the owner’s interest to th Passed, approved and adopted this 20 day of the City of Dubuque, Iowa, for the herein de- December, 2010. scribed real estate. Roy D. Buol, Mayor Section 3. That the City Clerk be and is hereby Attest: Jeanne F. Schneider, CMC, City Clerk authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque CITY ENGINEER’S CERTIFICATE OF FINAL County Recorder, together with certified copy of COMPLETION OF THE HISTORIC SHOT the Resolution. TOWER REHABILITATION PROJECT - Section 4. That the City Clerk be and is hereby PHASE I directed to forward a copy of this Resolution to the The undersigned City Engineer of the City of Dubuque County Assessor and the Dubuque Dubuque, Iowa, hereby certifies that he has in-County Auditor. th spected the Historic Shot Tower Rehabilitation Passed, approved and adopted this 20 day of Project – Phase I, that the Project has been per-December, 2010. formed in compliance with the terms of the Public Roy D. Buol, Mayor Improvement Contract, and that the total cost of Attest: Jeanne F. Schneider, CMC, City Clerk the completed work is $780,798.00. th Dated this 14 day of December, 2010. B & C Cathedral Development, LLC and Unit- Gus Psihoyos, City Engineer ed Clinical Laboratories, Inc. Irrevocable License: th Filed in the office of the City Clerk on the 15 City Manager recommending approval of Irrevoc- day of December, 2010. able Licenses for B & C Cathedral Development, Jeanne F. Schneider, CMC, City Clerk LLC and United Clinical Laboratories, Inc. to en- croach the public right-of-way of Bluff and Emmett Water Pollution Control Plant: City Manager Streets. Upon motion the documents were re- recommending approval to raise Miron Construc-ceived, filed, and approved. tion Company’s contract limit to $1 Million for the Book 140 Regular Session, December 20, 2010 491 Wild Rose Place – Plat of Survey: Zoning Ad-57,300.00 is to be accepted for the work as pro- visory Commission recommending approval of the vided in the Request for Proposal as approved by Plat of Survey of Wild Rose Place. Upon motion the City Council. the documents were received and filed and Reso-NOW, THEREFORE, BE IT RESOLVED BY lution No. 466-10 Approving the Plat of Survey of THE CITY COUNCIL OF THE CITY OF DUBU- Wild Rose Place in Dubuque County, Iowa, was QUE, IOWA: adopted. That the contract for the above be awarded to MSA Professional Services, and the City Manager RESOLUTION NO. 466-10 be and is hereby directed to execute a contract on APPROVING THE PLAT OF SURVEY OF behalf of the City of Dubuque for the completion of WILD ROSE PLACE IN DUBUQUE COUNTY, the work. th IOWA Passed, approved and adopted this 20 day of Whereas, there has been filed with the City December, 2010. Clerk the Plat of Survey of Wild Rose Place in Roy D. Buol, Mayor Dubuque County; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, said plat provides 33 feet of frontage for Lot 1 and Lot 2, where 50 feet is required by Civil Service Commission: Civil Service Com- Section 16-16-14(B) of the Subdivision Regula-mission submitting the certified lists for the posi- tions; and tions of Recreation Program Supervisor, Environ- Whereas, said plat has been examined by the mental Engineer and Firefighter. Upon motion the Zoning Advisory Commission and had its approval documents were received, filed and made a Mat- endorsed thereon; and ter of Record. Whereas, said plat has been examined by the City Council and they find that it conforms to the December 6, 2010 statutes and ordinances relating thereto. Honorable Mayor and NOW THEREFORE, BE IT RESOLVED BY Members of the City Council THE CITY COUNCIL OF THE CITY OF DUBU-In accordance with Chapter 400 of the Code of QUE, IOWA: Iowa, an examination for the position of Section 1. That the City Council hereby waives Recreation Program Supervisor was administered. Article IV, Design and Improvement Standards of We hereby certify that the individuals listed below the Subdivision Regulations, except for Section have passed this written examination and the va- 16-16-14(B), Blocks and Lots. cancy for this position should be made from this Section 2. That Section 16-16-14(B) of the list and that this list is good for two (2) years from Subdivision Regulations is waived to allow Lot 1 above date. and Lot 2 to have 33 feet of frontage, where 50 RECREATION PROGRAM SUPERVISOR feet is required. Section 3. That the Plat of Survey of Wild Anthony Elskamp Dawn Cogan Rose Place in Dubuque County, is hereby ap-Patrick Hanniford Dennis Merkel proved and the Mayor and City Clerk are hereby Michele Nauman Natalie Capron authorized and directed to endorse the approval of Ryan Mohling James Sells the City of Dubuque, Iowa, upon said final plat. Matthew Siders Alyssa Krumholz th Passed, approved and adopted this 20 day of Kati Averkamp Tia Freiburger December 2010. William Luensmann Heather Riley Roy D. Buol, Mayor Jason Bishop Donovan Kron Attest: Jeanne F. Schneider, CMC, City Clerk Ryan McGovern Renee Clark Joshua Larsen Michael Cantonwine Historic Millwork District Parking Lot Design: Ryan Merritt Stacey Bauer City Manager recommending approval of the se-Suzanne Nank lection of MSA Professional Services to design two parking lots in the Historic Millwork District. Respectfully submitted, Upon motion the documents were received and Daniel White, Chairperson filed and Resolution No. 467-10 Awarding contract Jim Schilling, was adopted. Betty Takes Civil Service Commission RESOLUTION NO. 467-10 AWARDING CONTRACT December 6, 2010 HISTORIC MILLWORK DISTRICT Honorable Mayor and PARKING LOT DESIGN Members of the City Council Whereas, responses to the Historic Millwork In accordance with Chapter 400 of the Code of District Parking Lot Design Request for Proposal Iowa, an examination for the position of Environ- th were received on the 7 day of December, 2010. It mental Engineer was administered. We hereby has been determined that the proposal submitted certify that the individuals listed below have by MSA Professional Services in the amount of $ passed this written examination and the vacancy 492 Regular Session, December 20, 2010 Book 140 for this position should be made from this list and nancing Report. Upon motion the documents were that this list is good for two (2) years from above received and filed. date. Scale Operator Position: City Manager re- ENVIRONMENTAL ENGINEER commending approval of the elimination of one Todd Shoemaker Laborer position and the creation of one Scale Xiaofel Cui Operator position. Upon motion the documents Michael Chyi were received, filed, and approved. Jon Macaulay Steven Hunn HEART YouthBuild Program: Communication David Heer to the U.S. Department of Labor in support of the Brandan Hager HEART YouthBuild program application to the Sol Brich DOL for support through YouthBuild funding. Kumar Patel Upon motion the documents were received, filed, Chris Peters and approved. Michelle Carr Housing Enterprise Zone Program Agreement Respectfully submitted, – 44 Main Street, LLC: City Manager recommend- Daniel White, Chairperson ing approval of a Housing Enterprise Zone Pro- Jim Schilling, gram Agreement for 44 Main Street, LLC, to pro- Betty Takes vide 24 new market-rate housing units in the Civil Service Commission downtown area. Upon motion the documents were received and filed and Resolution No. 468-10 Ap- December 6, 2010 proving a Housing Enterprise Zone Program Honorable Mayor and Agreement by and among the Iowa Department of Members of the City Council Economic Development, the City of Dubuque, and In accordance with Chapter 400 of the Code of 44 Main Street, LLC, was adopted. Iowa, an examination for the position of Firefighter RESOLUTION NO. 468-10 was given November 13, 2010. We hereby certify APPROVING A HOUSING ENTERPRISE that the individuals listed below have passed this ZONE PROGRAM AGREEMENT BY AND written examination and the vacancy for this posi- AMONG THE IOWA DEPARTMENT OF tion should be made from this list and that this list ECONOMIC DEVELOPMENT, THE CITY OF is good for one (1) year from above date. DUBUQUE AND 44 MAIN STREET, LLC FIREFIGHTER Whereas, the City of Dubuque has established Kyle Mueller Ryan Kieffer two Enterprise Zones and an Enterprise Zone James Romer Michael Breitbach Commission; and Joseph Snodgrass Jami Mundell Whereas, the Enterprise Zone Commission on Brandon Rondeau Susanna Duggan October 13, 2010 approved the application of 44 Dean Gasper Jeff Mayerl Main Street, LLC, for Housing Enterprise Zone Alexander Miller Jacob Reiff benefits; and Douglas Merkes Paul Tucker Whereas, 44 Main Street, LLC’s application Joe Simonson Robert Klaren was approved by the Iowa Department of Eco- Michael Peterson Jeffrey Schmitt nomic Development on October 25, 2010; and Corey LuGrain Bradley Soat Whereas, the Iowa Department of Economic Patrick Hanniford Jeremy Kolberg Development has prepared and submitted for City Shane Westphal Robert Cole Council approval an agreement relating to Hous- Richard Lounsbury Amos Langlois ing Enterprise Zone benefits for 44 Main Street, Ross Dillavou Ryan Haxmeier LLC, a copy of which is attached hereto and by Michael Koch Daniel Zenisek this reference made a part hereof; and Adam Frey Anthony Bigelbach Whereas, the City Council finds that the pro- Travis Kirby Cory Dillon posed agreement is acceptable and necessary to Andrew Schoessow Christopher Lester the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY Respectfully submitted, THE CITY COUNCIL OF THE CITY OF DUBU- Daniel White, Chairperson QUE, IOWA: Jim Schilling, Section 1. That the Iowa Department of Eco- Betty Takes nomic Development Housing Enterprise Zone Civil Service Commission Program Agreement, Number 11-HEZ-009, is hereby approved. Fiscal Year 2012 Annual Tax Increment Fi-Section 2. That the Mayor is hereby authorized nancing (TIF) Report: City Manager transmitting and directed to execute the Agreement on behalf the Fiscal Year 2012 Annual Tax Increment Fi-of the City of Dubuque and forward the executed Book 140 Regular Session, December 20, 2010 493 copy to the Iowa Department of Economic Devel-Upon motion the documents were received, filed, opment for their approval. and approved. th Passed, approved and adopted this 20 day of December, 2010. Jane Doe v. Yager: City Manager recom- Roy D. Buol, Mayor mending approval of the settlement in the case Attest: Jeanne F. Schneider, City Clerk captioned “City of Dubuque on behalf of Jane Doe v. Yager”. Upon motion the documents were re- Regional Transit Authority Contract: City Man-ceived, filed, and approved. ager recommending approval of a contract with the Regional Transit Authority (RTA) for two transit Community Development Advisory Commis- vehicles to be used by Keyline (The Jule). Upon sion Liaison: City Manager recommending ap- motion the documents were received, filed, and proval of the appointment of Housing Commis- approved. sioner Ricardo Woods as liaison to the Community Development Advisory Commission. Upon motion Vision Iowa RECAT Application: City Manager the documents were received, filed, and approved. recommending approval of a fundraising cam- paign for the Bee Branch Creek Restoration U.S. Department of the Interior – National Park Project as part of the Vision Iowa RECAT applica-Service: Communication from Rachel Weekley, tion. Upon motion the documents were received, U.S. Department of the Interior – National Park filed, and approved. Service, regarding the Biennial Report for the His- toric Federal Building. Upon motion the document Alcohol Compliance – Civil Penalty for Alcohol was received and filed. License Holders: City Manager recommending approval of the Acknowledgement/Settlement American Recovery and Reinvestment Act: Agreement for a first offense alcohol compliance City Manager transmitting the City’s latest update violation for Creslanes Bowling and Pro Shop, 255 on local efforts to obtain federal grants through the South Main Street. Upon motion the documents American Recovery and Reinvestment Act. Upon were received, filed, and approved. motion the documents were received and filed. Tobacco Compliance – Civil Penalty for To-Northeast Iowa Community College: Commu- bacco License Holder: City Manager recommend-nication from Northeast Iowa Community College ing approval of the Acknowledgement/Settlement thanking the City and East Central Intergovern- Agreement for a first offense tobacco compliance mental Association for providing transportation to violation for Kwik Stop Food Mart, 2390 Central NICC students. Upon motion the document was Avenue. Upon motion the documents were re-received and filed. ceived, filed, and approved. Checkout Plastic Bag Elimination: City Man- PEG Capital Grant Expenditure Request: City ager providing information on staff progress re- Manager recommending approval of the Cable TV garding the City Council directive to eliminate Tele-Programming Commission recommendation checkout plastic bag usage by 2014. Upon motion for funding from the Public, Educational, and Gov-the documents were received and filed. ernment (PEG) Capital Grant for Access Equip- ment and Facilities to the City of Dubuque for up to Bowling and Beyond Settlement Agreement: $8,600 for a motion-controlled camera dolly com-City Manager recommending approval of the Set- ponent for the CamBlock time lapse system. Upon tlement Agreement Assessing Penalties for a motion the documents were received, filed, and second offense alcohol compliance violation for approved. Bowling & Beyond Dubuque, Inc., 1860 Haw- thorne Street. Upon motion the documents were Citizen Communication: Communication from received and filed. Marion Martin Pliner, 2690 Marywood Drive, re- garding the school bus stop at the corner of Mary-Human Rights Commission: Communication wood and John F. Kennedy Road. Motion by from Colin Scott submitting his resignation from Connors to receive, file and refer to the City Man-the Human Rights Commission. Upon motion the ager. Seconded by Resnick. City Manager Van document was received, filed and the resignation Milligen stated that Ms. Pliner would receive a was accepted. response. Motion carried 6-0. Contracts: Fire Station Expansion / 975 Cen- Upper Bee Branch Creek Restoration Project: tral Parking Ramp Change Order #1 – FS and City Manager recommending approval of a Green Change Order #1 – PS; Fire Station Expansion / Project funding application submitted to the Iowa 975 Central Parking Ramp Change Order #2; and Department of Natural Resources (IDNR) for the Bee Branch Creek Restoration Project – Agree- Upper Bee Branch Creek Restoration Project. ment for Design and Engineering Services – 494 Regular Session, December 20, 2010 Book 140 Strand Associates, Inc. Upon motion the docu-That the Manager be authorized to cause to ments were received and filed. be issued the following named applicants a Liquor License. Liquor License Refund: Request of David CLASS “C” BEER/LIQUOR LICENSE Kirkpatrick, Rosewood Diner and Supper Club, CueMasters Billiards, Cue Masters Billiard LLC, for a refund of Liquor License #LC0037522 +(Sunday Sale), 900 Central Avenue in the amount of $211.25. Upon motion the docu-Bowling & Beyond DBQ, Bowling & Beyond ments were received, filed, and approved. DBQ, +(Sunday& Outdoor Sale), 1860 Hawthorne St. Liquor License Applications: City Manager re-The Moracco, Inc., The Moracco+(Sunday commending approval of annual liquor license Sale), 1413 Rockdale Road renewals as submitted. Upon motion the docu-Kevin J. Stoffel, The Screaming Eagle Bar ments were received and filed and Resolution No. +(Sunday& Outdoor Sale), 2600 Central Avenue 469-10 Granting the issuance of a Class “B” Beer Mayas, Inc., Las Margaritas +(Sunday & Out- Permit to UAW Local #94 and aClass “C” Beer door Sale), 1575 JFK Road Permit to Puff n Snuff; and Resolution No. 470-10 CLASS “B” WINE Granting the issuance of a Class “C” Beer/Liquor Molo Oil Company, Puff n Snuff, 1101 Rhom- License to Cue Masters Billiard, Bowling & berg Avenue Beyond, The Moracco, The Screaming Eagle Bar CLASS “WBN” NATIVE WINE and Las Margaritas; a Class “B” Wine Permit to Hy-Vee, Inc., Hy-Vee Gas # 2, 2435 N W Ar- Puff n Snuff; and a Class “WBN” Native Wine terial Permit to Hy-Vee Gas #2 were adopted. Passed, approved and adopted this 20th day of December, 2010 RESOLUTION NO. 469-10 Roy D. Buol, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, CMC, City Clerk been submitted and filed to this Council for ap- BOARDS/COMMISSIONS proval and the same have been examined and approved: and Whereas, the premises to be occupied by Appointments to the following Boards such applicants were inspected and found to /Commissions: : comply with the Ordinances of the City and have Human Rights CommissionThree 3-year filed proper bonds. terms through January 1, 2014 (Terms of Davis, NOW, THEREFORE, BE IT RESOLVED BY Scott, and Rubenstein); one 3-year term through THE CITY COUNCIL OF THE CITY OF DUBU-January 1, 2013 (Term of Sharrad); and one 3- QUE, IOWA: year term through January 1, 2012 (Term of That the Manager be authorized to cause to Wilberding). Applicants: Andrea Beacham, 1749 be issued the following named applicants a Beer Churchill Drive (Additional Applicant); Frederick Permit. Davis, Jr., 2274½ Washington Street; Michael CLASS “B” BEER PERMIT Elliott, 301 S. Grandview Avenue (Additional Ap- International UAW Local # 94, UAW Local # plicant); Megan Gloss, 1130 Main Street (Addi- 94 +(Sunday Sale), 3450 Central Avenue tional Applicant); Kurt Hansen, 511 Nocturnal CLASS “C” BEER PERMIT Lane; and Marcos Rubinstein, 663 Fenelon Place. Molo Oil Company, Puff n Snuff+(Sunday Upon roll-call vote, Andrea Beacham, Michael Sale), 1101 Rhomberg Avenue Elliot and Megan Gloss were appointed to 3-year th Passed, approved and adopted this 20 day of terms through January 1, 2014. Frederick Davis, December, 2010. Jr., was appointed to a 3-year term through Janu- Roy D. Buol, Mayor ary 1, 2013; and Kurt Hansen was appointed to a Attest: Jeanne F. Schneider, CMC, City Clerk 3-year term through January 1, 2012. RESOLUTION NO. 470-10 Mediacom Cultural Affairs Charitable Founda- Whereas, applications for Liquor Licenses tion:Two 1-year terms through December 31, have been submitted to this Council for approval 2011 (Terms of Chavenelle and Twining). Appli- and the same have been examined and approved; cants: Gail Chavenelle, 1155 Kelly Lane; and and Connie Twining, 421 N. Booth Street. Motion by Whereas, the premises to be occupied by Braig to appoint Gail Chavenelle and Connie such applicants were inspected and found to Twining to the Mediacom Cultural Affairs Charita- comply with the State Laws and all City Ordin-ble Foundation for 1-year terms through Decem- ances relevant thereto and they have filed proper ber 31, 2011. Seconded by Connors. Motion car- bonds. ried 6-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-Safe Community Advisory Committee:Nine 1- QUE, IOWA: year terms through December 31, 2011. Appli- cants: Anthony Allen, 1725 Delhi Street; Mary Rae Book 140 Regular Session, December 20, 2010 495 Bragg, 350 Kaufmann Avenue; Diane Callahan, Attest: Jeanne F. Schneider, CMC, City Clerk 531 Sapphire Circle; Jonathan Cheatham, 2396 RESOLUTION NO. 472-10 University Avenue; Rachel Daack, 800 Laurel APPROVING SCHEDULE OF ASSESS- Street; Amanda Elkins, 2257 Chaney Road; Ann MENTS AND ESTIMATE OF TOTAL COST Ernst, 899 Mt. Carmel Road; Phil French, 1035 FOR THE HISTORIC MILLWORK DISTRICT Rockdale Road; Bob Lanka, 2280 Jackson Street; COMPLETE STREETS PROJECT Doug Stillings, 1255 Locust Street; Susan Stork, 2115 Golden Eagle Drive; and Lynn Sutton, 876 NOW THEREFORE,BE IT RESOLVED BY Yale Court. THE CITY COUNCIL OF THE CITY OF DUBU- Upon roll-call vote, Anthony Allen, Mary Rae QUE, IOWA: Bragg, Diane Callahan, Jonathan Cheatham, Ra-That the attached plat, schedule of assess- chel Daack, Ann Ernst, Doug Stillings, Susan ments, and estimate of total cost for the Historic Stork, and Lynn Sutton were appointed to 1-year Millwork District Complete Streets Project are he- terms through December 31, 2011. reby approved. th Passed, approved and adopted this 20 day of PUBLIC HEARINGS December, 2010. Roy D. Buol, Mayor Upon motion the rules were suspended allow-Attest: Jeanne F. Schneider, CMC, City Clerk ing anyone present to address the City Council. MILLWORK DISTRICT RECONSTRUCTION PROJECT Historic Millwork District Complete Streets PRELIMINARY SCHEDULE OF VALUATION Project: Proof of publication of notice of public AND PROPOSED ASSESSMENTS hearing to consider approval of the plans and spe- DATE: NOVEMBER 8, 2010 cifications, form of contract, estimated cost and Resolution of Necessity for the Historic Millwork The following schedule is hereby determined District Complete Streets Project and City Manag-to show each lot proposed to be assessed for the er recommending approval. Motion by Jones to improvement shown in the title together with the receive and filed the documents and adopt Reso-amount proposed to be assessed against each lot lution No. 471-10 Approval of plans, specifications, and the valuations shown opposite each lot are form of contract, and estimated cost for the Histor-hereby fixed as the true value of such lots by the ic Millwork District Complete Streets Project; City Council of the City of Dubuque Resolution No. 472-10 Approving schedule of PROPERTY OWNER NAME; LOT DE- assessments and estimate of total cost for the SCRIPTION; PARCEL NUMBER; NET AS- Historic Millwork District Complete Streets Project; SESSED VALUATION (2010); VALUATION and Resolution No. 473-10 Resolution of Necessi-WITH IMPROVEMENT; 20% NET PAVING IM- ty. Seconded by Braig. Speaking on behalf of Du-PROVEMENT COST; 100% NET PAVING IM- buque Main Street, 1069 Main Street, Executive PROVEMENT COST; CONCRETE SIDEWALK Director Dan LoBianco commended the City COST; TOTAL PUBLIC IMPROVEMENT COST; Council and staff for their work and incentives ASSESSMENT DEFICIENCY; PRIVATE SANI- related to the project. Responding to questions TARY SEWER SERVICE; PRIVATE WATER from City Council, City Manager Van Milligen SERVICE; TOTAL NET ASSESSMENT stated that tree plantings were not included in the Design Center, Inc.; City Lots 359, 360 & 361; design because of the Historic Preservation 10 24 491 001; $48,400; $65,549.08; $17,149.08; Commission’s concept of maintaining the historic $0.00; $0.00; $17,149.08; -$761.81; $0.00; $0.00; character of the original millwork district. Motion $16,387.27 carried 6-0. Plastic Center, Inc.; City Lots 364-368 Inc. also Vac Alley between City Lots 359 to 363 & City RESOLUTION NO. 471-10 Lots 364 to 368; 10 24 491 002; $582,410; APPROVAL OF PLANS, SPECIFICATIONS, $602,988.90; $20,578.90; $0.00; $0.00; FORM OF CONTRACT, AND ESTIMATED $20,578.90; $0.00; $0.00; $0.00; $20,578.90 COST FOR THE HISTORIC MILLWORK Plastic Center, Inc.; Balance City Lot 404; 10 DISTRICT COMPLETE STREETS PROJECT 24 492 001; $73,200; $101,142.63; $27,942.63; NOW THEREFORE, BE IT RESOLVED BY $0.00; $0.00; $27,942.63; -$2,656.97; $0.00; THE CITY COUNCIL OF THE CITY OF DUBU-$0.00; $25,285.66 QUE, IOWA: Plastic Center, Inc.; City Lots 354, 355, 356, That the proposed plans, specifications, form 357 & 358 Also W1/2 alley between White St. & of contract and estimated cost for the Historic Mill-Jackson from 7th-8th-Adjacent to Said Lots; 10 24 work District Complete Streets Project, in the esti-488 001; $730,880; $766,189.52; $35,309.52; mated amount $6,631,721.25, are hereby ap-$0.00; $0.00; $35,309.52; $0.00; $0.00; $0.00; proved. $35,309.52 th Passed, adopted and approved this 20 day of Plastic Center, Inc.; City Lots 369, 370, 371, December, 2010. 372 & 373 Also E 1/2 Alley adjacent to City Lots Roy D. Buol, Mayor 369 to 373 - alley located between White & Jack- 496 Regular Session, December 20, 2010 Book 140 son Sts. 7th - 8th Sts.; 10 24 488 002; $67,400; 10 24 480 003; $582,200; $732,299.49; $112,349.19; $44,949.19; $0.00; $0.00; $17,618.49; $115,783.00; $16,698.00; $44,949.19; -$16,861.89; $0.00; $0.00; $150,099.49; $0.00; $2,000.00; $10,000.00; $28,087.30 $162,099.49 Wilmac Property Co.; City Lots 349A, 349, Warehouse Redevelopment LLC; Lot 2 Cen- 350, 351, 352, 353, 374, 375, 376, 377 & 378; 10 ter City Place (375 E. 9th); 10 24 480 014; 24 483 001; $926,600; $980,548.22; $53,948.22; $402,600; $756,149.00; $0.00; $311,425.00; $0.00; $0.00; $53,948.22; $0.00; $0.00; $0.00; $42,124.00; $353,549.00; $0.00; $1,500.00; $53,948.22 $2,000.00; $357,049.00 Wilmac Property Co.; City Lot 379 & S 15' City Mid American Holdings; Lot 1 Center City Lot 380; 10 24 479 008; $78,400; $86,277.80; Place; 10 24 480 013; $703,500; $1,199,860.16; $7,877.80; $0.00; $0.00; $7,877.80; $0.00; $0.00; $0.00; $456,628.00; $39,732.16; $496,360.16; $0.00; $7,877.80 $0.00; $2,500.00; $15,000.00; $513,860.16 Redmond, Mark S.; W 45' City Lot 399, W 45' Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa, N 1/2 City Lot 400; 10 24 484 001; $49,000; Attn. Prop. Tax Acct.; City Lots 405, 405A, 406, $55,255.78; $6,255.78; $0.00; $0.00; $6,255.78; 407, 408, 409, 410, 411, 412, 413, 414 & 2-417; $0.00; $0.00; $0.00; $6,255.78 10 24 489 002; $260,050; $311,961.79; Rettenmaier, John; E 55' City Lot 399 & E 55' $51,911.79; $0.00; $0.00; $51,911.79; $0.00; N 1/2 City Lot 400; 10 24 484 002; $87,600; $0.00; $0.00; $51,911.79 $90,113.28; $2,513.28; $0.00; $0.00; $2,513.28; Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa, $0.00; $0.00; $0.00; $2,513.28 Attn. Prop. Tax Acct.; City Lot 402, 403, N25'2" Lot Fincel, Michael J.; S 1/2 City Lot 400, City Lot 415, 416 & 416A; 10 24 484 010; $128,500; 401; 10 24 484 003; $91,600; $100,739.20; $141,914.39; $13,414.39; $0.00; $0.00; $9,139.20; $0.00; $0.00; $9,139.20; $0.00; $0.00; $13,414.39; $0.00; $0.00; $0.00; $13,414.39 $0.00; $9,139.20 TOTALS: $1,653,740.70; -$20,280.68; Caradco Building LLLP; City Lots 394 thru $13,500.00; $31,500.00; $1,678,460.03 398, 420 thru 424, & S 1/2 W Bal of City Lot 505A RESOLUTION NO. 473-10 & City Lot 394A; 10 24 480 009; $340,500; RESOLUTION WITH RESPECT TO THE $640,436.07; $27,416.83; $244,163.00; ADOPTION OF THE RESOLUTION OF NE- $28,356.24; $299,936.07; $0.00; $5,000.00; CESSITY PROPOSED FOR THE HISTORIC $2,000.00; $306,936.07 MILLWORK DISTRICT COMPLETE White, John H.; Lot 1 of City Lot 381 N 36.2' of STREETS PROJECT City Lot 380; 10 24 479 007; $28,700; $35,415.17; $6,715.17; $0.00; $0.00; $6,715.17; $0.00; $0.00; Whereas, the City Council has proposed a $0.00; $6,715.17 Resolution of Necessity for the Historic Millwork White, John H.; Lot 2 of City Lot 381; 10 24 District Complete Streets Project and has given 479 011; $52,700; $56,383.43; $3,683.43; $0.00; notice of the public hearing thereon as required by $0.00; $3,683.43; $0.00; $0.00; $0.00; $3,683.43 law; and Montague, Ryan; City Lot 382; 10 24 479 010; Whereas, the public hearing has been held, all $106,500; $112,592.80; $6,092.80; $0.00; $0.00; persons offering objections have been heard and $6,092.80; $0.00; $0.00; $0.00; $6,092.80 consideration given to all objections and is pend- Jakd LLC; City Lot 383; 10 24 479 009; ing before this Council; and $79,300; $85,392.80; $6,092.80; $0.00; $0.00; Whereas, this is the time and place set as pro- $6,092.80; $0.00; $0.00; $0.00; $6,092.80 vided for the taking of action on the proposed Spahn & Rose Lumber Co.; City Lots 384-387 Resolution of Necessity. & S 1/2 City Lot 388; 10 24 477 010; $363,000; NOW THEREFORE, BE IT RESOLVED BY $390,417.60; $27,417.60; $0.00; $0.00; THE CITY COUNCIL OF THE CITY OF DUBU- $27,417.60; $0.00; $0.00; $0.00; $27,417.60 QUE, IOWA: Kalmes Brothers LLC; N 1/2 City Lot 388; 10 That the proposed Resolution of Necessity 24 477 009; $133,000; $136,046.40; $3,046.40; described above is hereby adopted, without $0.00; $0.00; $3,046.40; $0.00; $0.00; $0.00; amendment, and all objections filed or made hav- $3,046.40 ing been duly considered are overruled. th Mabusth, Stuart W. & Mary P.; City Lot 389, N Passed, adopted and approved this 20 day of 30.89' of City Lot 390; 10 24 480 001; $79,600; December, 2010. $89,358.00; $9,758.00; $0.00; $0.00; $9,758.00; Roy D. Buol, Mayor $0.00; $0.00; $0.00; $9,758.00 Attest: Jeanne F. Schneider, CMC, City Clerk Mabusth, Stuart W. & Mary P.; City Lots 428 & 429 & N Pt City Lot 427; 10 24 480 002; $127,500; Dubuque Industrial Center – Planned Unit De- $127,500.00; $0.00; $0.00; $0.00; $0.00; $0.00; velopment District (Tabled on June 7, 2010): City $2,500.00; $2,500.00; $5,000.00 Manager requesting that this item be tabled to July Wilmac Property Co.; City Lots 391-393, 5, 2011. 389A, 425, 426 & S Pt 427, S 20.17' of 390, N 1/2 Proof of publication on notice of hearing to W-Bal 505A (100 Jackson, 225 & 275 E. 10th St.); consider a request from the City of Dubuque/ Du- Book 140 Regular Session, December 20, 2010 497 buque Initiatives to amend the Planned Unit De-trict, with conditions. Seconded by Braig. Motion velopment (PUD) for the Dubuque Industrial Cen-carried 6-0. ter, located on Chavenelle Road and the North- OFFICIAL PUBLICATION west Arterial, to change the designation of proper- ORDINANCE NO. 61-10 ty from open space to commercial and Zoning AMENDING TITLE 16 OF THE CITY OF DU- Advisory Commission recommending approval, BUQUE CODE OF ORDINANCES, UNIFIED with conditions. DEVELOPMENT CODE, BY RECLASSIFY- Motion by Connors to remove from the table. ING HEREINAFTER DESCRIBED PROPER- Seconded by Resnick. Motion carried 6-0. TY LOCATED AT U.S. HIGHWAY 20 WEST Motion by Connors to table a proposed ordin- FROM COUNTY A-1 AGRICULTURAL DIS- ance amending Appendix A (the Zoning Ordin- TRICT, COUNTY R-1 RURAL RESIDENTIAL ance) of the City of Dubuque Code of Ordinances DISTRICT AND CITY AG AGRICULTURAL by adopting a revised Planned Unit Development DISTRICT TO CITY HI HEAVY INDUSTRIAL Ordinance for the Dubuque Industrial Center DISTRICT, WITH CONDITIONS Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle NOW, THEREFORE, BE IT ORDAINED BY Road and by repealing Ordinance 22-07 to July 5, THE CITY COUNCIL OF THE CITY OF DUBU- 2011. Seconded by Braig. Motion carried 6-0. QUE, IOWA: Section 1. That Title 16 of the City of Dubuque Request to Rezone – Dubuque Metropolitan Code of Ordinances, Unified Development Code, Area Solid Waste Agency: Proof of publication on is hereby amended by reclassifying the hereinaf- notice of public hearing to consider a request from ter-described property from County A-1 Agricultur- the Dubuque Metropolitan Area Solid Waste al District, County R-1 Rural Residential District, Agency (DMASWA) to rezone property located on and City AG Agricultural District, with conditions, to U.S. Highway 20 West from County A-1 Agricul-wit: As shown on Exhibit A, and to the centerline of tural District, County R-1 Rural Residential District the adjoining public right-of-way, all in the City of and City AG Agricultural District to City HI Heavy Dubuque, Iowa. Industrial District, with conditions, in conjunction Section 2. The foregoing amendment has he- with annexation and Zoning Advisory Commission retofore been reviewed by the Zoning Advisory recommending approval. Commission of the City of Dubuque, Iowa. Motion by Connors to receive and file the doc-Section 3. Passed, approved and adopted this th uments and that the requirement that a proposed 20 day of December, 2010. ordinance be considered and voted on for pas-/s/Roy D. Buol, Mayor sage at two Council meetings prior to the meeting Attest: at which it is to be passed be suspended. /s/Jeanne F. Schneider, CMC, City Clerk Seconded by Lynch. Planning Services Manager MEMORANDUM OF AGREEMENT Laura Carstens provided a staff report. Dan Gotto, 15265 Briarwood Drive, Peosta, stated that he Pursuant to the Iowa Code Section 414.5 was not made aware of the request and had con-(2007), and as an express condition of rezoning of cerns, which included increased truck traffic and the property described as: As shown on Exhibit A, noise as the landfill encroaches on the neighbor-and to the center line of the adjoining public right- ing subdivisions. Responding to questions from of-way, all in the City of Dubuque, Iowa, which is City Council, Carstens stated that property owners the subject of Ordinance No. 61-10, a copy of within 200 feet of the proposed request were noti-which is attached hereto and incorporated herein fied in accordance with and in excess of state and by reference, the undersigned property owners, local requirements. Public Works Director Don agree to the following conditions, all of which the Vogt stated that the landfill has been in existence property owner further agrees are reasonable and since 1976 and is already a regional landfill jointly are imposed to satisfy public needs which are operated by the City of Dubuque and Dubuque caused directly by the rezoning: County with contracts/customers in Delaware, Jo A) Performance Standards: Daviess, and Jackson Counties. He added that 1) That the permitted uses for this additional expansion and cells are planned and Heavy Industrial District shall be limited that state law dictates many of the landfills opera-to the following: tions. Motion carried 6-0. a) Automated gas station Motion by Connors for final consideration and b) Freight transfer facility passage of Ordinance No. 61-10 Amending Title c) Resource recovery/recycling 16 of the City of Dubuque Code of Ordinances, center (outdoor/indoor) Unified Development Code, by reclassifying herei-d) Railroad or public or quasi-public nafter described property located on U.S. Highway utility, including substation. 20 West from County A-1 Agricultural District, e) Sanitary landfill County R-1 Rural Residential District and City AG 2) That the conditional uses for this Agricultural District to City HI Heavy Industrial Dis-Heavy Industrial District shall be limited to the following: 498 Regular Session, December 20, 2010 Book 140 , a) Wind energy conversion system WhereasIowa Code Section 368.7 authorizes B) Modifications. Any modifications of this the extension of City limits in situations of this cha- Agreement shall be considered a zoning reclassi-racter by adoption of a resolution after notification fication and shall be subject to the provisions of and public hearing; and the Unified Development Code governing zoning Whereas, this annexation is consistent with reclassifications. All such modifications must be the Comprehensive Plan of the City of Dubuque; approved by the City Council of Dubuque, Iowa. and C) Construction. This Agreement shall be con-Whereas, the City of Dubuque has the capaci- strued and interpreted as though it were part of ty to provide substantial municipal services to the Title 16 of the Code of Ordinances of the City of annexation territory; and Dubuque, also known as the Unified Development Whereas, the annexation is in the public inter- Code of the City of Dubuque, Iowa. est. D) This Agreement shall be binding upon the NOW THEREFORE, BE IT RESOLVED BY undersigned and his/her heirs, successor and THE CITY COUNCIL OF THE CITY OF DUBU- assignees. QUE, IOWA: Section 1. That the application of the Dubuque ACCEPTANCE OF ORDINANCE NO. 61-10 Metropolitan Area Solid Waste Agency (DMAS- I, Ric W. Jones, representing Dubuque Metro-WA), the property owner, for voluntary annexation politan Solid Waste Agency, having read the terms of approximately 178.29 acres of land of territory and conditions of the foregoing Ordinance No. 61-lying outside of the corporate limits of the City of 10 and being familiar with the conditions thereof, Dubuque, Iowa, as shown on Exhibit A and legally hereby accept this same and agree to the condi-described as Lot 1 Landfill West Subdivision in tions required therein. Section 1, Township 88 North, Range 1 East of thth Dated in Dubuque, Iowa this 20 day of De-the 5 P.M.; Southwest ¼ of the Southeast ¼ in cember, 2010. Section 1, Township 88 North, Range 1 East of th /s/Ric W. Jones the 5 P.M.; Lot 2 of the Southeast ¼ of the Dubuque Metropolitan Solid Waste Agency Southeast ¼ in Section 1, Township 88 North, th Published officially in the Telegraph Herald Range 1 East of the 5 P.M.; and Lot 1 Landfill th Newspaper the 24 day December, 2010. South Subdivision, in Section 6, Township 88 th /s/Jeanne F. Schneider, CMC, City Clerk North, Range 2 East of the 5 P.M.; all in Dubu- que County, Iowa, is hereby approved for annexa- Request to Annex – Dubuque Metropolitan tion to the City of Dubuque, Iowa. Area Solid Waste Agency (Tabled from November Section 2. That, subject to the approval of the 15, 2010 City Council Meeting): Proof of publica-City Development Board, the corporate limits of tion on notice of public hearing to consider a re-the City of Dubuque, Iowa, be and they hereby are quest from the Dubuque Metropolitan Area Solid extended to include the approximately 178.29 Waste Agency to voluntarily annex and rezone acres of DMASWA annexation territory as shown 178.29 acres of property on the west side of the on Exhibit A. City of Dubuque and City Manager recommending Section 3. That the City Council of Dubuque, approval. Motion by Connors to remove from the Iowa, does hereby certify that the City of Dubuque table. Seconded by Resnick. Motion carried 6-0. has complied with the notice and hearing require- Motion by Connors to receive and file the doc-ments of the Iowa Code pertaining to voluntary uments and adopt Resolution No. 474-10 Approv-annexation of territory within an urbanized area of ing application for voluntary annexation of territory another city. to the City of Dubuque. Seconded by Lynch. Section 4. That if the City Development Board Planning Services Manager Laura Carstens pro-approves this annexation, the territory hereby an- vided a staff report. Motion carried 6-0. nexed shall become a part of Precinct Five of Ward One of the City of Dubuque, Iowa. RESOLUTION NO. 474-10 Section 5. That the City Clerk shall file this APPROVING APPLICATION FOR VOLUN- resolution, all exhibits and the applications for vo- TARY ANNEXATION OF TERRITORY TO luntary annexation with the State of Iowa in accor- THE CITY OF DUBUQUE, IOWA dance with the provisions of Chapter 368 of the Whereas, the Dubuque Metropolitan Area Sol-Iowa Code. th id Waste Agency (DMASWA), the property owner, Passed, approved and adopted this 20 day of has submitted a written application for voluntary December 2010. annexation of approximately 178.29 acres of land Roy D. Buol, Mayor to the City of Dubuque, Iowa; and Attest: Jeanne F. Schneider, CMC, City Clerk Whereas, the annexation territory is not sub- ject to an existing annexation moratorium agree-Request to Rezone – 6900, 6950 and 7000 ment; and Pennsylvania Avenue: Proof of publication on Whereas, the annexation territory does not in-notice of public hearing to consider a request from clude any State or railroad property; and the City of Dubuque to rezone property located at 6900, 6950 and 7000 Pennsylvania Avenue from Book 140 Regular Session, December 20, 2010 499 AG Agricultural District to PUD Planned Unit De-Published officially in the Telegraph Herald th velopment with a PI Planned Industrial District Newspaper the 24 day of December, 2010. designation and Zoning Advisory Commission /s/Jeanne F. Schneider, CMC, City Clerk recommending approval. Motion by Jones to receive and file the docu-Text Amendment – City of Dubuque: Proof of ments and that the requirement that a proposed publication on notice of public hearing to consider ordinance be considered and voted on for pas-a request from the City of Dubuque to amend sage at two Council meetings prior to the meeting Article 2.3 Definitions and Article 5-19.1 HI Heavy at which it is to be passed be suspended. Industrial District to modify regulation of Resource Seconded by Braig. Planning Services Manager Recovery/Recycling Centers and Zoning Advisory Laura Carstens provided a staff report. Motion Commission recommending approval. carried 6-0. Motion by Lynch to receive and file the docu- Motion by Jones for final consideration and ments and that the requirement that a proposed passage of Ordinance No. 62-10 Amending Title ordinance be considered and voted on for pas- 16 of the City of Dubuque Code of Ordinances, sage at two Council meetings prior to the meeting Unified Development Code, by amending Ordin-at which it is to be passed be suspended. ances No. 14-98, 7-02, and 83-04 by reclassifying Seconded by Connors. Planning Services Man- three (3) parcels along Pennsylvania Avenue from ager Laura Carstens provided a staff report. Mo- AG Agricultural District to PUD Planned Unit De-tion carried 6-0. velopment with a PI Planned Industrial District Motion by Lynch for final consideration and designation to incorporate the three parcels into passage of Ordinance No. 63-10 Amending the the Dubuque Industrial Center West. Seconded by City of Dubuque Code of Ordinances, Unified Braig. Motion carried 6-0. Development Code, by amending Article 2, Defini- tions, to modify definitions of Resource/Recycling OFFICIAL PUBLICATION Center, and amend Article 5, Zoning Districts, to ORDINANCE NO. 62-10 eliminate outdoor resource recovery/recycling AMENDING TITLE 16 OF THE CITY OF DU- centers. Seconded by Connors. Motion carried 6- BUQUE CODE OF ORDINANCES, UNIFIED 0. DEVELOPMENT CODE, BY AMENDING ORDINANCES NO. 14-98, 07-02 AND 83-04 OFFICIAL PUBLICATION BY RECLASSIFYING THREE (3) PARCELS ORDINANCE NO. 63-10 ALONG PENNSYLVANIA AVENUE FROM AMENDING APPENDIX A (THE ZONING AG AGRICULTURAL DISTRICT TO PUD ORDINANCE) OF THE CITY OF DUBUQUE PLANNED UNIT DEVELOPMENT WITH A PI CODE OF ORDINANCES, UNIFIED DEVEL- PLANNED INDUSTRIAL DISTRICT DESIG-OPMENT CODE, BY AMENDING ARTICLE NATION TO INCORPORATE THE THREE 2, DEFINITIONS, TO MODIFY DEFINITIONS PARCELS INTO THE DUBUQUE INDUSTRI-OF RESOURCE RECOVERY / RECYCLING AL CENTER WEST CENTER AND AMEND ARTICLE 5, ZONING DISTRICTS, TO ELIMINATE OUTDOOR RE- NOW, THEREFORE, BE IT ORDAINED BY SOURCE RECOVERY / RECYCLING CEN- THE CITY COUNCIL OF THE CITY OF DUBU- TER QUE, IOWA: Section 1. That Title 16 of the City of Dubuque NOW, THEREFORE, BE IT ORDAINED BY Code of Ordinances, Unified Development Code, THE CITY COUNCIL OF THE CITY OF DUBU- is hereby amended by reclassifying the hereinaf-QUE, IOWA: ter-described property from AG Agricultural District Section 1. That Title 16 of the City of Dubuque to PUD Planned Unit Development with a PI Code of Ordinances, Unified Development Code, Planned Industrial District Designation, to wit: Article 2-3 is hereby amended as follows: Lot 2 of NW ¼ NE ½ Section 30 T89N, R2E, Resource Recovery / Recycling Center: indoor Lot 2 of 1 NW ¼ NE ¼ Section 30 T89N R2E, and and outdoor facilities for obtaining useful materials Lot 2 of E 10 acres of NE ¼ NW ¼ Section 30, or energy from solid waste or recycled materials. T89N, R2E, and to the centerline of the adjoining Materials can be reused for their original purpose, public right-of-way, all in the City of Dubuque, packaged and shipped elsewhere, reprocessed Iowa. for a different purpose or converted into energy, Section 2 The foregoing amendment has he-not to include a biofuels plan or a salvage yard. retofore been reviewed by the Zoning Advisory Section 2. That Title 16 of the City of Dubuque Commission of the City of Dubuque, Iowa. Code of Ordinances, Unified Development Code, Section 3. The foregoing amendment shall Article 5-19.1 is hereby amended as follows: take affect upon publication, as provided by law. 5-19.1 th Passed, approved and adopted this 20 day of 40. Resource Recovery / Recycling Center December, 2010. (outdoor/indoor indoor only). /s/Roy D. Buol, Mayor Section 3. The foregoing amendment has he- Attest: retofore been reviewed by the Zoning Advisory /s/Jeanne F. Schneider, CMC, City Clerk Commission of the City of Dubuque, Iowa. 500 Regular Session, December 20, 2010 Book 140 Section 4. This ordinance shall take effect im-being acquired and demolished for the Bee mediately upon publication, as provided by law. Branch Creek Restoration Project, as shown on th Passed, approved and adopted this 20 day of the map on file in the office of the City Clerk, 50 W. December, 2010. 13th Street, Dubuque, Iowa, during the period /s/Roy D. Buol, Mayor from the effective date of this ordinance through Attest: June 22, 2011, except where a vested right to the /s/Jeanne F. Schneider, CMC, City Clerk issuance of such permit accrued prior to Decem- Published officially in the Telegraph Herald ber 23, 2010. th Newspaper the 24 day of December, 2010. Section 2. This ordinance shall take effect im- /s/Jeanne F. Schneider, CMC, City Clerk mediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of Upon motion the rules were reinstated limiting December, 2010. discussion to the City Council. /s/Roy D. Buol, Mayor Attest: ACTION ITEMS /s/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald th Washington Neighborhood Conservation Dis-Newspaper the 24 day of December, 2010. trict: City Manager recommending approval of /s/Jeanne F. Schneider, CMC, City Clerk expansion of the Washington Neighborhood Con- servation District to encompass the entire neigh-IBM Joint Development Agreement – borhood and that this be referred to the Historic Amendment No. 2: City Manager recommending Preservation Commission so they can hold a pub-approval of an amendment to the existing IBM lic hearing and provide a recommendation to the Joint Development Agreement on Smarter Water. City Council. Motion by Jones to receive and file the documents Motion by Connors to receive and file the doc-and approve the recommendation. Seconded by uments and that the requirement that a proposed Braig. Motion carried 6-0. ordinance be considered and voted on for pas- sage at two Council meetings prior to the meeting Ordinance Changes – Through Streets, at which it is to be passed be suspended. Stop/Yield Intersections: City Manager recom- Seconded by Braig. Motion carried 6-0. mending approval of changes to the City of Dubu- Motion by Connors for final consideration and que Code of Ordinances involving stop intersec- passage of Ordinance No. 64-10 Establishing a tions, yield intersections and through streets. moratorium on the issuance of demolition permits Motion by Connors to receive and file the doc- in the Washington Street Neighborhood Conser-uments and that the requirement that a proposed vation District. Seconded by Braig. Motion carried ordinance be considered and voted on for pas- 6-0. sage at two Council meetings prior to the meeting at which it is to be passed be suspended. OFFICIAL PUBLICATION Seconded by Jones. Motion carried 6-0. ORDINANCE NO. 64-10 Motion by Connors for final consideration and ESTABLISHING A MORATORIUM ON THE passage of Ordinance No. 65-10 Amending City of ISSUANCE OF DEMOLITION PERMITS IN Dubuque Code of Ordinances Title 9 Motor Ve- THE WASHINGTON STREET NEIGHBOR- hicles and Traffic, Chapter 1 General Provisions, HOOD CONSERVATION DISTRICT Section 9-1-321.1 Definitions by amending the Whereas, the City has adopted the Washing-definition of through (or thru) highway; Amending ton Neighborhood Strategic Plan; and Chapter 7 Operation, Section 9-7-321.321 Enter- Whereas, expansion of the Washington Street ing Through Streets by removing streets designat- Neighborhood Conservation District is an imple-ed as through streets; amending Chapter 7 Op- mentation step of the Washington Neighborhood eration, Section 9-7-321.322 Stop and Yield Inter- Strategic Plan; and sections by removing intersections designated as Whereas, the City Council plans to study the stop and yield intersections; and amending Chap- proposed expansion of the district. ter 7 Operation, Section 9-7-321.322A by remov- NOW, THEREFORE, BE IT ORDAINED BY ing such section. Seconded by Braig. Motion car- THE CITY COUNCIL OF THE CITY OF DUBU-ried 6-0. QUE, IOWA: OFFICIAL PUBLICATION Section 1. Title 14 of the City of Dubuque ORDINANCE NO. 65-10 Code of Ordinances, Building and Development, AMENDING CITY OF DUBUQUE CODE OF Chapter 2, Section 14-2-4 is hereby amended as ORDINANCES TITLE 9 MOTOR VEHICLES follows: AND TRAFFIC, CHAPTER 1 GENERAL D. Washington Street Neighborhood Conser- PROVISIONS, SECTION 9-1-321.1 DEFINI- vation District: The City Manager shall not issue TIONS BY AMENDING THE DEFINITION OF any permit for demolition, in the proposed expan- THROUGH (OR THRU) HIGHWAY; AMEND- sion of the Washington Street Neighborhood Con- ING CHAPTER 7 OPERATION, SECTION 9- servation District, with the exception properties Book 140 Regular Session, December 20, 2010 501 7-321.321 ENTERING THROUGH STREETS immediate hazard during the time the driver is BY REMOVING STREETS DESIGNATED AS moving across or within the intersection. THROUGH STREETS; AMENDING CHAP- B. Yield Intersections: The driver of a vehicle TER 7 OPERATION, SECTION 9-7-321.322 approaching a yield sign shall slow to a speed STOP AND YIELD INTERSECTIONS BY reasonable for the existing conditions and, if re- REMOVING INTERSECTIONS DESIGNATED quired for safety, shall stop at the first opportunity AS STOP AND YIELD INTERSECTIONS; at either the clearly marked stop line, before enter- AND AMENDING CHAPTER 7 OPERATION, ing the crosswalk, before entering the intersection, SECTION 9-7-321.322A BY REMOVING or at the point nearest the intersecting roadway SUCH SECTION where the driver has a view of approaching traffic NOW, THEREFORE, BE IT ORDAINED BY on the intersecting roadway. After slowing or stop- THE CITY COUNCIL OF THE CITY OF DUBU-ping, the driver shall yield the right of way to any QUE, IOWA: vehicle on the intersecting roadway which has Section 1. Section 9-1-321.1 of the City of Du-entered the intersection or which is approaching buque Code of Ordinances is amended to read as so closely as to constitute an immediate hazard follows: during the time the driver is moving across or with- 9-1-321.1: DEFINITIONS: in the intersection. The following words and phrases, when used C. Signs: in this title shall, for the purpose of this title, have 1. Stop signs shall be erected at entrances to the meanings respectively ascribed to them in this through streets and at one or more entrances to section: stop intersections. Every driver of a vehicle shall . . . . stop at such sign or at a clearly marked stop line THROUGH (OR THRU) STREET: Every before entering an intersection, except when di- street or portion thereof at the entrances to which rected to proceed by a peace officer or traffic con- vehicular traffic from intersecting streets is required trol signal. by law to stop before entering or crossing the 2. Yield signs shall be erected at the specified same and when stop signs are erected as pro-entrances to the yield intersections designated vided by law or such entrances are controlled by a and shall be located as near as practical to the peace officer or traffic control signal. The term property line of the highway at the entrance at "arterial" shall be synonymous with "through" or which the yield must be made, or at the nearest "thru" when applied to streets of this city. line of the crosswalk there at, or, if none, at the . . . . nearest line of the roadway. Section 2. Section 9-7-321.321 of the City of Section 4. This Ordinance shall take effect on Dubuque Code of Ordinances is amended to read publication. th as follows: Passed, approved and adopted this 20 day of 9-7-321.321: ENTERING THROUGH December, 2010. STREETS: Except where yield signs or official /s/Roy D. Buol, Mayor traffic control signals are erected, the driver of a Attest: vehicle shall stop or yield as required by this title at /s/Jeanne F. Schneider, CMC, City Clerk the entrance to a through street and shall yield the Published officially in the Telegraph Herald th right of way to other vehicles which have entered Newspaper the 24 day of December, 2010. the intersection from such through street or which /s/Jeanne F. Schneider, CMC, City Clerk are approaching so closely on such through street as to constitute a hazard, but such driver having Neighborhood Watch: City Manager transmit- so yielded may proceed cautiously and with due ting information on the process being used to fur- care. ther explore the Safe Community Task Force rec- Section 3. Section 9-7-321.322 of the City of ommendation to develop a Neighborhood Watch Dubuque Code of Ordinances is amended to read Program. Motion by Lynch to receive and file the as follows: documents. Seconded by Resnick. Connors 9-7-321.322: STOP AND YIELD INTERSEC-thanked the City Manager and Police Chief Mark TIONS: Dalsing for their work and noted that recommen- A. Stop Intersections: The driver of a vehicle dations from the Safe Community Task Force approaching a stop intersection indicated by a have appeared regularly on recent agendas for stop sign shall stop at the first opportunity at either action by the City Council. Motion carried 6-0. the clearly marked stop line, before entering the crosswalk, before entering the intersection, or at Landlord Notification Letters: City Manager the point nearest the intersecting roadway where transmitting information on the status of the Police the driver has a view of approaching traffic on the Department’s Landlord Notification System im- intersecting roadway before entering the intersec-plemented in 2010. Motion by Braig to receive and tion. Before proceeding, the driver shall yield the file the documents. Seconded by Connors. Motion right of way to any vehicle on the intersecting carried 6-0. roadway which has entered the intersection or which is approaching so closely as to constitute an 502 Regular Session, December 20, 2010 Book 140 Intercultural Communication Training for Board Bee Branch Creek Restoration Project – Addi- and Commission Members: City Manager re-tional Property Acquisitions: City Manager commending that the City offer Intercultural Com-recommending approval of the acquisition of munication Training sessions once per year to City additional property for the Bee Branch Creek board and commission members. Motion by Con-Restoration Project. Motion by Connors to nors to receive and file the documents and strong-receive and file the documents and approve ly recommend all current board and commission the recommendation. Seconded by Braig. City members and future applicants attend these inter-Manger Van Milligen clarified the details and cultural communication sessions. Seconded by costs of the project’s different options as they Jones. City Council discussion centered around related to soil excavation, property acquisition, making the training mandatory or voluntary, for and new facilities. Motion carried 6-0. current or only new members, taken within the first year or first term, and if it would affect re-Fiscal Year 2012 Policy Guidelines: City Man- appointment. Motion carried 4-2 with Lynch and ager recommending approval of the Policy Guide- Braig voting nay. lines for Fiscal Year 2012. Motion by Connors to receive and file the documents and approve the Smart Planning Grant Contract: City Manager recommendation. Seconded by Braig. Jones recommending approval of an agreement with voiced objection to item #10 relating to salary in- East Central Intergovernmental Association creases over the amount budgeted for salaries as (ECIA) for a joint Smart Planning Local Compre-he believes it is the definition of bad-faith bargain- hensive Planning Grant application with Dubuque ing. Resnick stated that citizens are already facing County, Peosta, Asbury, Dyersville, Farley, Ep-financial hardships, questioned the meaning of the worth and Cascade. Motion by Jones to receive City Council’s priorities, and believed a lesser in- and file the documents and adopt Resolution No. crease could be achieved. Connors agreed that 475-10 Authorizing Smart Planning Grant Agree-the increase was due largely to increasedpension ment. Seconded by Lynch. Motion carried 6-0. costs and is mandated by the state, which takes it out of the City’s control. Lynch stated he is fru- RESOLUTION NO. 475-10 strated over other taxing authorities but depends AUTHORIZING SMART PLANNING GRANT upon the City Manager andBudget Director’s AGREEMENT judgment. Braig stated that she is aware of how Whereas, the Rebuild Iowa Office has hard staff works to keep costs low, but city servic- awarded an Iowa Smart Planning Local Compre-es come with a price and the tax increase isn’t a hensive Planning Grant to Dubuque County to significant hardship. Buol stated that over the assist six communities and the County as they years he has served on the City Council, he has develop forward-thinking comprehensive plans; always tried to keep costs down and depends and upon the Council and staff’s visioning. He added Whereas, the City of Dubuque plans to update that city services take a tremendous financial out- the 2008 Comprehensive Plan; and lay and citizens have grown used to a certain level Whereas, the City of Dubuque acknowledges of service. Motion carried 5-1 with Resnick voting the requirements of the Local Comprehensive nay. Iowa Planning Grant Program as specified in the Smart Planning: Local Comprehensive Planning There being no further business, upon motion Grant Program Application Guidelines and under-the City Council adjourned at 8:17 p.m. stands the importance and benefits of compre- hensive planning. /s/Kevin S. Firnstahl NOW THEREFORE, BE IT RESOLVED BY Assistant City Clerk THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. That the City of Dubuque, in coop- eration with Neighboring Jurisdictions in Dubuque County, hereby agrees to comply with the grant agreement for the Local Comprehensive Planning Grant Program for the development of a updated comprehensive plan. Section 2. That the Mayor is hereby authorized to sign the grant agreement on behalf of the City of Dubuque, Iowa. th Passed, approved and adopted this 20 day of December 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Book 140 Special Session, December 21, 2010 503 CITY OF DUBUQUE, IOWA CITY COUNCIL OFFICIAL PROCEEDINGS The Dubuque City Council met in Special Session at 5:00 p.m. on December 21, 2010, in Conference Room B of City Hall. Present: Mayor Buol, Council Members Braig, Jones, Lynch, Resnick, City Manager Van Milligen; City Attorney Lindahl Absent: Council Members Connors and Voetberg Mayor Buol read the call and stated this is a special session of the City Council called to act upon such business that may properly come before the City Council. Water Pollution Control Plant: City Manag- er recommending approval of a proposed set- tlement agreement with the Iowa Occupational Safety and Health Administration (IOSHA) for violation notices for the Water Pollution Control Plant. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 5-0. There being no further business, upon mo- tion the City Council adjourned at 5:02 p.m. /s/Jeanne F. Schneider, CMC City Clerk 504 Regular Session, December 20, 2010 Book 140 A A&G Electric ......................................................................................................................................... 347, 480 A.Y. McDonald Company ............................................................................................................................... 369 A.Y. McDonald Park............................................................................................................................... 163, 466 ABC Supply ................................................................................................................................................... 424 Accessible Parking Snow Removal ...................................................................................................................54 AccessMyFuture ................................................................................................................................... 370, 424 Accessorize Me ............................................................................................................................................. 251 Accinelli, Steven .................................................................................................................................... 352, 381 Adams, Greg ................................................................................................................................................. 171 Advanced Metering Infrastructure Project ............................................................................................. 115, 140 AECOM Technical Services, Inc. ............................................................................................................. 321, 397 Air Service Support ....................................................................................................................................... 392 Airport ..................................................................................................................See Dubuque Regional Airport Airport Commission Hangar Reconstruction Project .................................................................................................................. 373 Membership ............................................................................................................... 352, 381, 400, 402, 415 Minutes Submitted ................................................................................................................................... 394 Airport Passenger Terminal ........................................................................................................................... 116 Alamo Site ..............................................................................................................See Historic Millwork District Alcohol Compliance .............................................................................................. 3, 30, 126, 372, 400, 416, 493 Aldi, Inc. ....................................................................................................................................................... 464 Allan, Jim ...................................................................................................................................................... 175 Allen, Anthony ............................................................................................................................... 486, 494, 495 Alliant Energy ...................................................................................................... 25, 26, 27, 52, 63, 64, 348, 466 Alliant Energy Amphitheater ............................................................................................... See Port of Dubuque All-Star Community ........................................................................................................................ 409, 413, 478 All-Terrain Vehicles ............................................................................................................................... 213, 214 Alternative Services Concepts (ASC) .................................................................................................18, 454, 478 Althof, Marilyn ................................................................................................................................................58 Amberg, Sandy.................................................................................................................................... 13, 30, 97 America’s River Corporation .................................................................................................................... 58, 162 America’s River Festival...................................................................................................................................58 American Cancer Society ............................................................................................................................... 160 American City & County Magazine .................................................................................................................... 2 American Eagle Airlines ...................................................................................................................................82 American Legion Post 6 ......................................................................................................................... 117, 196 American National Life of Texas Life .............................................................................................................. 191 American Planning Association .............................................................................................................. 421, 454 American Queen, The.................................................................................................................................... 189 American Recovery and Reinvestment Act ............................................................................ 14, 31, 36, 139, 493 American Red Cross ...................................................................................................................................... 473 American Trust and Savings Bank .......................................................................................................... 372, 462 American Trust River’s Edge Plaza ....................................................................................... See Port of Dubuque American Water Works Association ............................................................................................................... 455 Americans with Disabilities Act (ADA) .......................................................................... 3, 169, 196, 242, 255, 274 AmeriCorps VISTA .............................................................................................. 24, 142, 251, 378, 413, 471, 472 Amphitheater ..................................................................................................................... See Port of Dubuque Analysis of Impediments to Fair Housing ........................................................................................... 69, 86, 131 Andersen, Christina ....................................................................................................................................... 160 Anderson, Father Gabriel .............................................................................................................................. 142 Anderson, Jerry (Bluff Street Brew Haus) .........................................................................................................66 Anderson, Joey ............................................................................................................................................. 296 Anderson, Phyllis .......................................................................................................................................... 142 Anderson-Bricker, John and Kristin ..................................................................................................................72 Andre, Sgt. Lee Harlow .................................................................................................................................. 393 Book 140 INDEX 505 Andresen, Sandi ..............................................................................................................................................72 Angie’s Bar.................................................................................................................................................... 401 Anglese, Ryan ........................................................................................................................................... 67, 87 Annexation City of Asbury.......................................................................................................... 63, 84, 160, 175, 300, 370 Creek Wood Drive (Knepper) ..................................................................................................................... 440 Dubuque Metropolitan Area Solid Waste Agency ................................................................ 401, 474, 497, 498 Public Land .................................................................................................................................................24 Timber-Hyrst Subdivision (Knepper)................................................................................................... 401, 440 Annual Financial Report 2010 ........................................................................................................................ 471 Anstoetter Construction Co. .......................................................................................................................... 455 Apartment, Ltd. ............................................................................................................................................ 197 Apartments, Inc., The (The Mining Company) ..................................................................................................25 Applebee’s Grill and Bar ........................................................................................................................ 196, 372 Aragon Tap ........................................................................................................................................... 197, 464 Aramark Education Services .................................................................................................................. 128, 414 Arbor Glen Apartments ......................................................................................................................... 105, 106 Arboretum Court .......................................................................................................................................... 171 Arboretum Development, LLC ............................................................................................................... 171, 172 Arboretum Drive .............................................................................................................................................54 Arby’s Restaurant ................................................................................................................................. 378, 379 Area Residential Care .................................................................................................................................... 400 Arensdorf, Pamela (Instant Replay) ....................................................................................................... 222, 484 Arrow Enterprise Computing Solutions, Inc. ................................................................................................... 298 Art on the River ............................................................................................................................................ 107 Art Pape Transfer, Inc. ........................................................................................................................... 392, 393 Arts and Cultural Affairs Advisory Commission ............................................................................................... 394 Art on the River ......................................................................................................................................... 107 Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support ................................................ 211 Fiscal Year 2011 Special Projects Arts and Cultural Grant Program .............................................................. 211 Membership ..................................................................................................................................... 184, 200 Minutes Submitted .............................................................................. 105, 142, 170, 296, 320, 394, 454, 477 Voices From the Warehouse Proclamation................................................................................................. 370 Arts and Economic Prosperity IV Study .......................................................................................................... 398 Asbury Plaza ....................................................................................................................................12, 411, 422 Asbury Road ............................................................................................ 129, 145, 146, 156, 161, 199, 232, 298 Asbury, City of .....................................................................................................63, 84, 160, 175, 300, 370, 502 Assessments 2009 Sidewalk Assessment Program ............................................................................................................19 2010 Detention Basin Maintenance Program ............................................................................................. 244 2010 Public Right-of-Way Sidewalk Repair Assessment Project ................................................................... 423 2010 Sidewalk Assessment Program .......................................................................................................... 470 2010 Weed Enforcement Program ............................................................................................................. 296 2489 Hemstead Street (LeClere) ................................................................................................................ 471 stnd Central Avenue Water Main (21 to 32 Street) Project .................................................................... 226, 256 Delinquent Vacant and Abandoned Building and Problem Property Charges .................................................10 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts ............................... 21, 123, 248, 424 Historic Millwork District Complete Streets Project .................................................................................... 484 Montcrest Street Sanitary Sewer Extension Project ......................................................................................42 Oak Grove Sanitary Sewer and Water Main Extension Project ................................................................ 61, 62 Snow and Ice Removal and Garbage Collection Charges ............................................................................. 172 Snow Removal and Right-of-Way Obstruction Removal .............................................................................. 117 Sunset Ridge Reconstruction Project.................................................................................................. 233, 308 Vacant and Abandoned Buildings (VABs) and Problem Property ................................................................. 174 Weed and Grass Cutting ........................................................................................................................ 7, 478 Assistance to Firefighter Grant ...................................................................................................................... 424 Associates Drive ............................................................................................................................................ 158 Atkinson, Linda Kay (Bar-X Bar)...................................................................................................................... 110 Automated Agenda Management....................................................................................................................36 506 Regular Session, December 20, 2010 Book 140 Avenarius, Marlin and Ritchie .................................................................................................................... 45, 46 Avilés, Jesús ................................................................................................................................... 142, 372, 488 Awn Stop Mart........................................................................................................................... 24, 25, 222, 464 B B&C Cathedral Development, LLC .....................................................................................................69, 143, 490 Bakke, Rod ............................................................................................................................................ 184, 200 Baldwin, Tom ................................................................................................................................................ 370 Balek, Michelle ..................................................................................................................................... 142, 251 Balsamo, Susan M. ........................................................................................................................................ 175 Bammers Sports Bar and Grill, LLC ...................................................................................................................85 Bandana’s Bar-B-Q ................................................................................................................................ 348, 349 Bank Bar & Grill, The ............................................................................................................................. 438, 439 Barker, Barbara ............................................................................................................................................. 142 Barry Street .................................................................................................................................................. 108 Bar-X Bar, The ............................................................................................................................................... 110 Baxter, Lieutenant Scott ..................................................................................................................................60 Beacham, Andrea .......................................................................................................................................... 494 Becker, Ron .................................................................................................................................................. 169 Bedrock Development, LLC ............................................................................................................................ 402 Bee Branch Creek Restoration Project Additional Property Acquistions ................................................................................................................ 502 Alignment Study Area................................................................................................................................ 101 Asbestos Inspections ................................................................................................................................. 110 Building Deconstruction ....................................................................................................... 39, 154, 167, 187 Design and Engineering Services ................................................................................................................ 493 Highway 151 & 61 Development, LLC ............................................................ 175, 220, 221, 241, 264, 300, 378 Lower Bee Branch Creek Restoration ..................................... See Lower Bee Branch Creek Restoration Project Programmatic Agreement ......................................................................................................................... 109 Purchase of 2263 Elm Street ...................................................................................................................... 148 Purchase of 2275 Elm Street ...................................................................................................................... 148 Purchase of 2349 Elm Street ...................................................................................................................... 149 Purchase of 2350 Elm Street ...................................................................................................................... 149 Purchase of 2356 Washington Street ................................................................................................. 150, 490 Purchase of 500 Rhomberg Avenue ........................................................................................................... 149 Purchase of 501 / 507 Garfield Avenue ...................................................................................................... 147 Purchase of 501 Rhomberg Avenue ................................................................................................... 150, 461 RECAT Grant ............................................................................................................................................. 413 SB Development, LLC......................................................................................................................... 176, 300 Upper Bee Branch Creek Restoration Project ......................... See Upper Bee Branch Creek Restoration Project Vision Iowa Grant ...................................................................................................................................... 493 Beecher Beverage ...............................................................................................................3, 176, 177, 197, 372 Bees, Reverend Tim ......................................................................................................................................... 1 Bell Tower Productions ......................................................................................................................... 222, 223 Bell, Deb .........................................................................................................................................................58 Bellevue, City of .................................................................................................................................... 241, 393 Berg, Donald ................................................................................................................................................. 409 Bergfeld Recreation Area ............................................................................................................... 348, 454, 466 Best Small Cities to Raise a Family ................................................................................................................. 463 Bethany Home .......................................................................................................................................... 88, 89 Beverly Street ............................................................................................................................................... 243 Bickel, Reverend Nancy ...................................................................................................................................17 Bies Drive ..................................................................................................................................................... 134 Big 10 Mart ................................................................................................................................ 24, 25, 197, 438 Bi-Lingual Trail Signage ....................................................................................................................................18 Billmeyer, Ronald ........................................................................................................................... 130, 154, 155 Bishop, Pastor Paul ....................................................................................................................................... 218 Black Hills Energy Corporation .............................................................................. 25, 26, 28, 48, 52, 53, 420, 487 Book 140 INDEX 507 Blackacre Properties ..................................................................................................................................... 121 Blackbourn, Camille .............................................................................................................................. 420, 463 Blair & Fitzsimmons, P.C. ............................................................................................................................... 420 Blazin Wings, Inc. .......................................................................................................................................... 153 Blue Moon Development Company .................................................................................................................47 Blue Sky 4, LTD .............................................................................................................................................. 439 Bluff Street ......................................................................................................................................69, 182, 259 Bluff Street Brew Haus ....................................................................................................................................66 Blum, Jamie .................................................................................................................................................. 242 Boelk, Sue A. ......................................................................................................................................... 150, 490 Boffeli, Bradley T. .......................................................................................................................................... 420 Boge, Diane .......................................................................................................................................... 117, 142 Bonson Block, LLC ......................................................................................................................................... 450 Bonson’s Block Ventures, LLC ........................................................................................................................ 481 Booth, Kenneth ............................................................................................................................................. 320 Bootlegger's Pub ....................................................................................................................................... 24, 25 Borut, Donald J. ............................................................................................................................................ 478 Bosserman Aviation Equipment, Inc. ............................................................................................................. 175 Bowling & Beyond Dubuque, Inc............................................................................................................ 493, 494 Boy Scout Troop 48 ....................................................................................................................................... 468 Boy Scout Troop 69 .........................................................................................................................................37 Boy Scouts of America (BSA), The ............................................................................................................ 17, 139 Bragg, Mary Rae.................................................................................................................................... 486, 495 Brannon, Michael........................................................................................................................... 424, 451, 472 Breezer’s Pub ................................................................................................................................................... 4 Brennan, John A. ........................................................................................................................................... 322 Brewery Conservation District .........................................................................................................................68 Bridge Restaurant, The .......................................................................................................................... 472, 473 Bridges Out of Poverty .....................................................................................................................60, 216, 407 Bries, Jennifer ............................................................................................................................................... 296 Brown, Michelle ..............................................................................................................................................58 Brown, Patrick .............................................................................................................................................. 369 Brownfields .......................................................................................................................................... 143, 472 Brunskill Road ............................................................................................................................................... 147 Budget Fiscal Year 2010 Budget Amendment No. 2 ........................................................................................ 111, 132 Fiscal Year 2011 Budget Amendment No. 1 ........................................................................................ 223, 260 Fiscal Year 2011 Budget Amendment No. 2 ........................................................................................ 380, 405 Buelow, Michael ................................................................................................................................... 381, 402 Buesing & Associates ............................................................................................ 2, 11, 120, 247, 379, 403, 412 Buffalo Wild Wings ....................................................................................................................................... 153 Bugalski, Rich ................................................................................................................................................ 106 Building Code Board of Appeals Membership ..................................................................................................................................... 231, 254 Building Services Department ..........................................................................................................................71 Bulko, Sr. Charla ............................................................................................................................................ 408 Bulldog Billiards ..............................................................................................................................................49 Bunker Hill Golf Course ................................................................................ 63, 85, 128, 251, 380, 404, 405, 466 Buol, Mayor Roy D. ...................................................................................................................... 1, 41, 105, 489 Burds, Ron and Ann ...................................................................................................................................... 1, 7 Bus Wrap Advertisement ................................................. 2, 63, 299, See KeyLine Transit, Requests for Proposals Business License Refunds ............................................................................................ 4, 13, 49, 65, 85, 110, 153 Business Licenses .................................................................................................................................. 222, 483 Buyer Supplier Network ................................................................................................................................ 476 508 Regular Session, December 20, 2010 Book 140 C Cable TV Division ............................................................................................................................................40 Cable TV Regulatory Commission Membership .............................................................................................................................. 185, 200, 381 Minutes Submitted ........................................................................................................................... 142, 468 Cable TV Teleprogramming Commission Minutes Submitted .............................................................................. 6, 41, 82, 117, 160, 370, 394, 468, 489 PEG Capital Grant Expenditure Request .......................................................... 84, 126, 162, 250, 378, 472, 493 Café Manna Java West ....................................................................................................................................13 Café Manna Java World Café ................................................................................................................. 438, 439 Caldwell, Theresa .............................................................................................................................. 28, 51, 353 Callahan Construction, Inc. ............................................................................................................................ 106 Callahan, Diane ..................................................................................................................................... 486, 495 Callahan, Joel ................................................................................................................................................ 120 CamBlock Camera System ..................................................................................................................... 162, 493 Camp Albrecht Acres ...................................................................................................................... 348, 349, 378 Camp Dresser & McKee ................................................................................................................................. 151 Canadian National Railroad ........................................................................................................................... 401 Candee, Karen L. ................................................................................................................................... 296, 320 Cannon, Tim ...................................................................................................................................................37 Capital Improvement Program ............................................................................................................ 63, 72, 73 Caradco Building .................................................................................................................... 372, 451, 475, 481 Caradco Building, LLLP..................................................................................................... 143, 193, 324, 475, 481 Car-Ann-Jo, LLC ......................................................................................................................................... 44, 45 Carlos O’Kelly’s Mexican Café ................................................................................................................ 378, 379 Carlton Street ............................................................................................................................................... 243 Carnegie-Stout Public Library ..............................................................................................58, 72, 117, 238, 373 Library Board of Trustees ................................................................................... See Library Board of Trustees Carner, Gary L. ...................................................................................................................................... 150, 461 Carr, Ryder & Adams Company............................................................................................ See Caradco Building Carroll, Carole ............................................................................................................................................... 454 Carroll, Chiquitta ........................................................................................................................................... 117 Cartegraph Corporation ................................................................................................................................ 468 Cascade, City of............................................................................................................................................. 502 Casey’s General Store ................................................................................................................ 3, 153, 154, 197 Catch Basin Replacement Project 2008 ............................................................................................................83 Catfish Charlie’s ............................................................................................................................................ 153 Catfish Creek .................................................................................................................. 225, 263, 347, 372, 472 Catfish Creek Watershed Basin ....................................................................................................... 240, 241, 392 CCW, LLC ...................................................................................................................................................... 439 Cedar Cross Amoco .................................................................................................................. 24, 176, 177, 222 Cedar Cross Road ............................................................................................................................................24 Cedar Ridge Farm Place No. 5 ..........................................................................................................................19 Cell Phone Ordinance ............................................................................................................. 6, 37, 55, 113, 310 Census ................................................................................................................................... 408, 410, 463, 470 Center City Place ................................................................................................................................... 192, 193 Centers for Disease Control and Prevention (CDC) ................................................................................... 63, 377 Central Avenue ........................................................................................ 144, 226, 255, 298, 301, 395, 480, 493 Central Coast Hospitality ............................................................................................................................... 110 Certificates of Completion ............................................................................................................................. 247 Certified Local Government ............................................................................................................... 48, 57, 462 CES II Properties, Inc. .................................................................................................................................... 439 Chamber of Commerce ...................................................................... See Dubuque Area Chamber of Commerce Champp’s Americana .................................................................................................................................... 3, 4 Chances R Bar ............................................................................................................................................... 126 Channel Inn Restaurant ................................................................................................................................. 464 Chaplain Schmitt Island ......................................................................................................................... 162, 325 Book 140 INDEX 509 Chapman, Kristina L. (K-Chap Foods)...................................................................................................... 222, 348 Charitable Donation of Antique Police Car ..................................................................................................... 358 Chase, Jerry ................................................................................................................................... 439, 464, 465 Chavenelle Drive ................................................................................................................................... 158, 220 Chavenelle Road ............................................................................................................................ 145, 185, 409 Chavenelle, Gail .................................................................................................................................... 486, 494 Cheatham, Jonathan ............................................................................................................................. 486, 495 Checkout Plastic Bag Elimination ................................. 493, See Enironmental Stewardship Advisory Commission Cherba, Donald ............................................................................................................................................. 454 Child Restraint Devices .......................................................................................................................... 213, 214 Childhood Lead Poisoning Prevention Program ........................................................................................ 63, 371 Christopher, Pastor Dianne ........................................................................................................................... 420 Ciapalo, Roman and Nancy ............................................................................................................................ 303 Cigarette Licenses ......................................................................................................................................... 438 TM CirclesInitiative, The .......................................................................................................................... 111, 407 Citizen Petition ............................................................................................................................... See Petitions City Assessor ......................................................................................................... 47, 48, 96, 132, 232, 300, 404 City Attorney’s Office .............................................................................................................................. 38, 255 City Board of Review ..................................................................................................................................... 300 City Clerk’s Office ............................................................................................................................................38 City Conference Board Minutes Submitted ............................................................................................................................... 41, 82 City Development Board ......................................................................................63, 84, 160, 175, 300, 370, 498 City in Motion .................................................................. 487, See International Business Machines Corporation City Island ..................................................................................................................................................... 368 City Manager’s Office ......................................................................................................................................38 Civic Center ........................................................................................................................See Five Flags Center Civic Center Commission Membership .............................................................................................................................. 175, 184, 200 Civil Service Commission Certified List for Assistant Fire Chief ............................................................................................................65 Certified List for Assistant Fire Marshal ........................................................................................................65 Certified List for Custodian I ...................................................................................................................... 218 Certified List for EMS Supervisor ..................................................................................................................65 Certified List for Environmental Engineer ................................................................................................... 491 Certified List for Fire Captain .......................................................................................................................65 Certified List for Fire Lieutenant...................................................................................................................65 Certified List for Firefighter........................................................................................................................ 491 Certified List for Police Captain ....................................................................................................................64 Certified List for Police Lieutenant ...............................................................................................................64 Certified List for Police Officer ................................................................................................................... 243 Certified List for Recreation Program Supervisor ........................................................................................ 491 Certified List for Truck Driver ..................................................................................................................... 175 Certified List for Water Meter Repairworker .............................................................................................. 218 Certified List for Water Pollution Control Plant Operator ............................................................................ 218 Membership ......................................................................................................................................... 67, 86 Minutes Submitted ................................................................................ 60, 117, 142, 170, 218, 242, 370, 489 Clark of Dubuque .......................................................................................................................................... 197 Clark, Bryan .............................................................................................................................................. 14, 28 Clark, Keith Karlton and Mary E. .................................................................................................................... 198 Clarke College ........................................................................................................................................... 3, 110 Clarke Drive ....................................................................................................................................................18 Clayton, Kenneth M. .......................................................................................................................................63 Clean Fuels and State of Good Repair Federal Bus Grant ................................................................................ 238 Clean Water State Revolving Fund ...................................................................................................................13 Clemons, Antoine.................................................................................................................................... 83, 105 Climate Showcase Communities .................................................................................................................... 373 Closed Sessions .................................................................... 56, 115, 159, 216, 217, 407, 408, 418, 451, 476, 488 Clough, Donna .............................................................................................................................................. 6, 7 510 Regular Session, December 20, 2010 Book 140 Clubhouse, The ......................................................................................................................................... 24, 25 Code of Ordinances ................................................................................................... 483, See Text Amendments Colburn, Ian .................................................................................................................................................. 369 Colin, Nan .......................................................................................................................................................82 Collective Bargaining ............................................................................................................ 38, 56, 85, 191, 370 Collins, Jim ............................................................................................................................................ 235, 303 Colts Community Center ............................................................................................................................... 196 Colts Drum and Bugle Corps .............................................................................................................82, 175, 190 Community Access Preservation (CAP) Act of 2009 ........................................................................................... 2 Community Attraction and Tourism (CAT).......................................................................... 48, 367, 385, 413, 462 Community Development Advisory Commission ............................................................................................ 320 Membership .................................................................................................................... 28, 51, 86, 113, 493 Minutes Submitted ..................................................................... 1, 17, 117, 160, 242, 370, 420, 468, 477, 489 Community Development Block Grant (CDBG) Annual Action Plan ........................................................................................................ 4, 7, 57, 219, 320, 477 Caradco Award.......................................................................................................................................... 451 Homelessness Prevention and Rapid Re-Housing ........................................................................... 7, 320, 477 HUD Agreement ........................................................................................................................................ 242 Release of Funds ....................................................................................................................................... 126 Community Economic Betterment Account (CEBA) .................................................................................. 12, 487 Community Foundation of Greater Dubuque ........................................................... 216, 347, 357, 368, 369, 411 Community Oriented Policing Services (COPS) ....................................................................................... 176, 238 Complete Streets ............................................................................................................ 190, 413, 478, 484, 495 Comprehensive Annual Financial Report (CAFR)................................................................................................ 2 Comprehensive Emergency Management Plan .............................................................................................. 115 Comprehensive Operational Analysis Report .......2, See LSC Transportation Consultants, Inc., See KeyLine Transit Comprehensive Plan ................................................................................................................................. 63, 69 Concord Street .............................................................................................................................................. 348 Conference Center .......................................................................................................... See Grand River Center Confidential Security Procedures and Emergency Preparedness ..................................................................... 371 Confluence (Urban Forest Evaluation Project) ..................................................................................................63 Conlon Construction, Inc. ................................................................................................................................42 Conlon Johnson Development, LLC ................................................................................................. 412, 414, 449 Connolly Construction, Inc.............................................................................................................. 239, 469, 482 Connors, Jill .................................................................................................................................................. 424 Consolidated Annual Performance and Evaluation Report (CAPER) ................................................................. 399 Consolidated Plan ..................................................................................................................................... 63, 86 Consolidated Plan and Analysis of Impediments to Fair Housing Fiscal Year 2011-2015 ................................... 130 Consulting and Actuarial Services .................................................................................................................. 152 Convention and Visitors Bureau .................................................................................... 41, 57, 58, 162, 242, 415 Cookin’ Something Up ........................................................................................................................... 483, 484 Cooksley, Donna J. ................................................................................................................................ 454, 469 Cooper Wagon Works Building ............................................................................................... 301, 324, 355, 362 Cooper, Scott ................................................................................................................................................ 296 Cooperative Traffic Paint and Pavement Markings ......................................................................................... 144 Cooperative Winter Road Maintenance Agreement ....................................................................................... 472 Copper Field Subdivision ............................................................................................................................... 469 Copper Mill Construction .............................................................................................................................. 469 Copperhead Place No. 2 ................................................................................................................................ 121 Corley, Everett .......................................................................................................................................... 60, 83 Cottingham and Butler, Inc ..............................................................................................................................12 Cotton, Arthur .............................................................................................................................................. 1, 7 County Board of Health .............................................................................. See Dubuque County Board of Health Coursey, Eileen ............................................................................................................................................. 394 Courtside Sports Bar and Grill ................................................................................................................ 348, 349 Cox Street ...................................................................................................................................... 235, 303, 372 Crawford, Merrill .......................................................................................................................................... 134 Crawford, Murphy & Tilly, Inc., Consulting Engineers ..................................................................................... 116 Creative Touch Gallery .................................................................................................................................. 196 Book 140 INDEX 511 Crescent Community Health Center ............................................................................................................... 412 Creslanes Bowling ................................................................................................................................. 196, 493 Crown Communities......................................................................................................................................... 2 Crust Italian Kitchen .............................................................................................................................. 438, 439 Cue Masters Billiard ...................................................................................................................................... 494 Culver, Governor Chester J. ........................................................................................................................... 412 Cunningham, Ann ......................................................................................................................................... 222 Curiel, Hazel....................................................................................................................................................60 Curtis Collection, The ......................................................................................................................................11 D D. Wingate Real Estate, LLC .................................................................................................... 157, 158, 391, 392 Daack, Rachel ....................................................................................................................................... 486, 495 Dalsing, Mark ..................................................................................................................................................30 DAMA Corp. (Rainbow Lounge) ..................................................................................................................... 439 Daoud, Charles ..................................................................................................................................... 352, 381 Davis, George ............................................................................................................................................... 216 Davis, Jr., Frederick ................................................................................................................ 184, 200, 486, 494 Days Inn, The ................................................................................................................................................ 153 DB&T Community Development Corp. ........................................................................................................... 198 Deborah Drive .......................................................................................................................................... 60, 61 Delaney, Madonna ........................................................................................................................................ 242 Delinquent Grass and Weed Cutting and Garbage Collection Charges ................................................................ 7 Delinquent Snow and Ice Removal and Garbage Collection Charges ............................................................... 172 Delinquent Vacant and Abandoned Buildings...................................................................................................10 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts ................................... 21, 122, 248, 424 Delta Queen, The .......................................................................................................................................... 189 Demmer, Wayne ................................................................................................................................... 189, 216 Demolition and Moving Permits ......................................................................................................................98 Denlinger, Norma.......................................................................................................................................... 264 Denny’s Lux Club ................................................................................................................................... 413, 414 Department of the Army ............................................................................................................................... 125 Derby Grange Road ....................................................................................................................................... 161 Desman Associates ....................................................................................................................................... 378 Destination Opportunity ............................................................................................................................... 368 Detention Basins ............................................................................................................................ 241, 244, 357 Deutmeyer, Kelley Hutton ..................................................................................................................... 158, 370 Devine, Melissa Sue ...................................................................................................................................... 191 DFIRM ....................................................................................................... See Digital Flood Insurance Rate Map Diamond Jo Casino ............................................................................ 153, 163, 164, 222, 223, 296, 378, 379, 449 DICE ................................................................................... See Dubuque Community Ice and Recreation Center Dickinson, Rick ....................................................................................................................30, 89, 169, 211, 303 Digital Flood Insurance Rate Map (DFIRM) ............................................................21, 69, 139, 151, 372, 413, 462 Digman, Police Lieutenant John ..................................................................................................................... 160 District Bar, The ............................................................................................................................................ 401 Dodge Street Entertainment (Champp’s Americanna) ....................................................................................... 4 Doe, Jane, v Yager ......................................................................................................................................... 493 Dog Gone, Inc. .............................................................................................................................................. 439 Dog House Lounge, The ..................................................................................................................... 3, 438, 439 Dolphin, Dan and Lori ............................................................................................................................ 296, 320 Donavon, Inc. (Chances R Bar) ....................................................................................................................... 349 Dornbirn, Austria ........................................................................................................................... 159, 169, 393 Doser, Gregory.............................................................................................................................................. 420 Double Shot Bar .................................................................................................................................... 483, 484 Dove Harbor ......................................................................................................................................... 128, 155 Downtown Design Guidelines ................................................................................................... 11, 92, 93, 94, 95 Downtown Housing Incentive Award Program ......................................................54, 69, 135, 264, 324, 450, 465 Downtown Rehabilitation Loan and Façade Grant .................................................................................... 97, 481 512 Regular Session, December 20, 2010 Book 140 Drake, Flint .................................................................................................................................... 439, 440, 473 Dregne, Eric ................................................................................................................................... 357, 369, 452 Drew Cook & Sons Excavating Co., Inc. ....................................................... 11, 18, 43, 44, 61, 246, 298, 299, 454 Droeske, Rick ................................................................................................................................................ 473 Dubuque 2.0 ................................................................................................................... 140, 300, 368, 369, 452 Dubuque Arboretum and Botanical Gardens .................................................................................................. 264 Dubuque Arboretum Association, Inc. ........................................................................................................... 466 Dubuque Area Chamber of Commerce ...................................................................... 37, 140, 162, 303, 472, 473 Dubuque Area Labor Management Council ..................................................................................... 162, 196, 197 Dubuque Art Center ...................................................................................................................................... 250 Dubuque Bank and Trust ....................................................................................................................... 198, 372 Dubuque Bowling Lanes ........................................................................................................................ 176, 177 Dubuque Bruisers Football ..................................................................................................... 49, 50, 67, 68, 410 Dubuque by Carriage ......................................................................................................................................47 Dubuque Children’s Zoo Boosters .................................................................................................................. 125 Dubuque Community Ice and Recreation Center, Inc. ............................................................. 105, 349, 378, 379 Dubuque Community School District .............................. 54, 82, 143, 172, 238, 358, 368, 421, 424, 451, 462, 472 Dubuque Community Y ................................................................................................................................. 408 Dubuque County ..................................................................................................... 144, 162, 198, 232, 483, 502 Dubuque County Board of Health ............................................................................................. 83, 176, 191, 372 Dubuque County Board of Supervisors ....................................................................................... 83, 84, 400, 413 Dubuque County Empowerment Board .................................................................................. 105, 189, 216, 295 Dubuque County Fine Arts Society ................................................................................................................. 153 Dubuque County Health Department ..............................................................................................................21 Dubuque County Historical Society ............................................................. 49, 196, 251, 252, 305, 367, 379, 383 Dubuque County Hospital Board of Trustees .................................................................................................. 162 Dubuque County Iowa State University Extension .......................................................................................... 162 Dubuque County REAP Plan........................................................................................................................... 310 Dubuque Cultural Preservation Committee......................................................................................................11 Dubuque Dispute Resolution Center ...................................................................................................... 126, 370 Dubuque Fine Arts Society .................................................................................................................... 348, 349 Dubuque Flood Control System ..................................................................................................................... 482 Dubuque Golf and Country Club ............................................................................................................ 106, 153 Dubuque Greenhouse Gas Inventory ............................................................................................................. 264 Dubuque Greyhound Park and Casino ..........................................................................142, See Mystique Casino Dubuque Homebuilders Association .............................................................................................................. 275 Dubuque ICE ....................................................................... See Dubuque Community Ice and Recreation Center Dubuque Ice Arena ............................................................. See Dubuque Community Ice and Recreation Center Dubuque Industrial Center ...................................................................................................................... 76, 185 Dubuque Industrial Center North .................................................................................................................. 474 Dubuque Industrial Center West .................................................................................................... 237, 247, 421 Dubuque Initiatives ........................................................................................................................ 185, 472, 497 Dubuque Intermodal Transportation Center .............................................. See Port of Dubuque, Parking Division Dubuque Janitorial ........................................................................................................................................ 251 Dubuque Jaycees ............................................................................................. 176, 177, 222, 223, 348, 349, 401 Dubuque Landlords Association.......................................................................................................................57 Dubuque Levee and Floodwall Certification ...................................................... 158, 247, 300, 372, 397, 464, 470 Dubuque Main Street ........................................................................................................ 90, 162, 204, 454, 495 Dubuque Metropolitan Area Solid Waste Agency (DMASWA) .................................................... 11, 474, 497, 498 Dubuque Metropolitan Area Transportation Study (DMATS) ................................................... 107, 139, 145, 377 Dubuque Mining Co., The .................................................................................................................. 24, 25, 197 Dubuque Property Investments, LLC ................................................................................................................89 Dubuque Quick Stop Mart ..................................................................................................................... 222, 349 Dubuque Racing Association .................................................................66, 71, 161, 170, 373, 384, 462, 463, 488 Dubuque Regional Airport ...............................................................................................................................71 Bosserman Aviation Equipment, Inc. .......................................................................................................... 175 Collective Bargaining ...................................................................................................................................85 Federal Aviation Association ...................................................................................................................... 348 Hangar Reconstruction Project .................................................................................................................. 373 Book 140 INDEX 513 Jet Center Drive Resurfacing ............................................................................................... 179, 209, 239, 461 Passenger Terminal ........................................................................................................................... 105, 116 Wastewater Treatment ............................................................................................................................. 191 Dubuque Regional Humane Society ....................................................................................................... 373, 464 Dubuque Religious Center ...............................................................................................................................13 Dubuque Senior Apartments ......................................................................................................................... 134 Dubuque Senior High School ......................................................................................................................... 175 Dubuque Soil and Water Conservation District....................................................................................... 240, 241 Dubuque Technology Park.............................................................................................................. 412, 414, 449 Dubuque Terminals, Inc.................................................................................................................. 128, 129, 155 Dubuque Water Ski Club ............................................................................................................................... 125 Dubuque Water Trail Project ...........................................................................................................................36 Dubuque Works .......................................................................................................... 30, 60, 162, 211, 368, 413 Dubuque Yacht Basin .................................................................................................................................... 251 Dubuque Youth Ballet ........................................................................................................................... 394, 407 Dubuque, Julien ...............................................................................................................................82, 143, 462 Duncan, Shane .................................................................................................................................97, 184, 200 DuRide.......................................................................................................................................................... 172 Duve, Jesi........................................................................................................................................................17 Dyersville, City of .......................................................................................................................................... 502 E E. B. Lyons Interpretive Center ................................................................................ 121, 127, 143, 195, 322, 462 Eagle Country Market .................................................................................................................... 197, 378, 379 Eagle Point Park .................................................................................................................................... 373, 466 Eagle Point Software Corporation .................................................................................................................. 487 Eagles Club, The ...............................................................................................................................49, 348, 349 Earl Drive ........................................................................................................................................................30 th East 10Street.............................................................................................................................................. 192 th East 12 Street ............................................................................................................................................. 482 th East 18 Street ............................................................................................................................................. 198 nd East 22 Street ..................................................................................................................................... 371, 415 th East 24 Street ..................................................................................................................................... 1, 21, 69 East Central Intergovernmental Association (ECIA) .......................................................... 158, 172, 238, 493, 502 Eastern Iowa Excavating & Concrete, LLC ................................................................................ 239, 298, 385, 461 Eastvedt, Police Corporal Steve ..................................................................................................................... 156 Easy Street Bar ...................................................................................................................................... 163, 164 Econo Foods .................................................................................................................................................... 3 Economic Development Administration ................................................................... 112, 134, 151, 172, 181, 210 Economic Development Department ...............................................................................................................57 Eddy, Jeff .............................................................................................................................................. 255, 308 Ede, Giles ...................................................................................................................................................... 303 Edelman, Ann ............................................................................................................................................... 142 Edwards, Sherri ............................................................................................................................................. 105 Ehrlich, Edward ............................................................................................................................................. 320 Eichacker, Anna ............................................................................................................................................ 370 Eide Bailly, LLP .............................................................................................................................................. 174 Eighteenth Street .......................................................................................................................................... 451 Eighth Street ................................................................................................................................................. 238 El Paisano Grocery Store .................................................................................................................................13 Electrical Code Board Minutes Submitted ........................................................................................................................... 370, 489 Eleventh Street ............................................................................................................................................. 163 Elkins, Amanda ..................................................................................................................................... 486, 495 Elliott, Michael .............................................................................................................................................. 494 Elm Street ..................................................................................................................................................... 164 Brewery Conservation District .....................................................................................................................68 Green Alley Project ............................................................................................................ 180, 209, 239, 469 514 Regular Session, December 20, 2010 Book 140 LK Development and Storage, LLC ................................................................................................................18 Purchase of Property ......................................................................................................................... 148, 149 Sale of Property ................................................................................................................................ 164, 185 Sustainable Neighborhood Builders, Inc. .................................................................................................... 188 Emerald Acres No. 6 ...................................................................................................................................... 247 Emergency Communications Department ........................................................................................................71 Emergency Management Department .............................................................................................................71 Emergency Preparedness ...................................................................................................................... 115, 371 Emmett Street ................................................................................................................................................48 Empire Diesel Performance ........................................................................................................................... 401 Energy Efficiency and Conservation Block Grant (EECBG) .....................................................13, 36, 106, 371, 373 Engelken, Richard A. ..................................................................................................................................... 300 Engineering Department ........................................................ 39, 88, 109, 116, 146, 147, 255, 310, 475, 476, 493 Enterprise Car Rental .................................................................................................................................... 170 Enterprise Zone Amendments .........................................................................................................................12 Enterprise Zone Commission 44 Main Street, LLC ................................................................................................................................... 492 73 CHS Forwards, LLC ................................................................................................................................ 324 Bonson's Block Ventures, LLC .................................................................................................................... 481 Caradco Building, LLLP ............................................................................................................................... 324 Helicon Management, LLC ......................................................................................................................... 151 Membership ................................................................................................................................................ 3 Wilmac Properties ..................................................................................................................................... 372 Environmental Management Services of Iowa, Inc. ........................................................................................ 463 Environmental Protection Agency ................................................................................................................. 373 Environmental Stewardship Advisory Commission Car Washes and Storm Water Management ................................................................................................13 Complete Streets Policy ............................................................................................................................. 478 Continuum of Sustainability ....................................................................................................................... 243 Membership ...................................................................................................................... 371, 381, 402, 415 Minutes Submitted .............................................................................................................. 82, 142, 218, 394 Petroleum-Based Plastic Bags .................................................................................................................... 392 Stormwater Management ................................................................................................................. 127, 241 Urban Conservation Program and Watershed Management Plan ............................................................... 392 Enzler, Jerry ................................................................................................................................... 196, 231, 305 Epworth, City of ............................................................................................................................................ 502 Erickson, David (Lucky 13 Tap) ............................................................................................................... 222, 379 Ernsdorf, Michelle ......................................................................................................................................... 142 Ernst, Ann ............................................................................................................................................. 486, 495 Europa Haus & Bierstube ...................................................................................................................... 438, 439 Every Child / Every Promise ............................................................................................... 60, 216, 357, 367, 368 F Faces and Voices .............................................................................................................................................. 1 Family Mart ............................................................................................................................... 3, 197, 378, 379 Family Self-Sufficiency Program (FSS) ...................................................................................................... 57, 319 Famolo of Iowa, Inc. (Los Aztecas Mexican Restaurant) .................................................................................. 379 Farley, City of ................................................................................................................................................ 502 Farni, Ron .......................................................................................................................................................55 Farooq, Omer (Clark of Dubuque) .................................................................................................................. 197 Fat Tuesday's ................................................................................................................................................ 401 Federal Aviation Association ......................................................................................................................... 348 Federal Emergency Management Agency (FEMA) . 17, 21, 64, 69, 84, 139, 151, 158, 194, 247, 300, 372, 413, 462, 470 Federal Highway Administration .................................................................................................................... 372 Federal Job Access Reverse Commute ........................................................................................................... 237 Federal Transit Administration ............................................................................................... 238, 242, 300, 399 Felderman Subdivision ............................................................................................................................ 54, 171 Book 140 INDEX 515 FEMA Flood Plain Map ............................................................................... See Digital Flood Insurance Rate Map Ferguson Group, The .......................................................................................................................................13 Ferring, James (Dubuque Bowling Lanes) ....................................................................................................... 177 Ferry, John and Nancy ................................................................................................................................... 134 Field, Marilynne .................................................................................................................................... 184, 200 Fiesta Cancun Mexican Restaurant ................................................................................................................ 401 Fifteenth Street...................................................................................................................... 180, 209, 239, 469 Fifth Street ........................................................................................................................................... 144, 480 Final Plats Center City Place No. 2 .............................................................................................................................. 192 Center City Place No. 3 .............................................................................................................................. 192 Center City Place No. 4 .............................................................................................................................. 192 Center City Place No. 5 .............................................................................................................................. 193 Copperhead Place No. 2 ............................................................................................................................ 121 Dubuque Industrial Center North............................................................................................................... 474 Felderman Subdivision .............................................................................................................................. 171 Inland Molasses Place No. 2 ...................................................................................................................... 191 Westwood Heights No. 2 ........................................................................................................................... 421 Wingate Place No. 4 .................................................................................................................................. 391 Finance Department .......................................................................................................................................38 Finley Health Foundation .............................................................................................................................. 454 Finley Street ................................................................................................................................................. 201 Fire Department ....................................................................................................................................... 58, 59 Fire Headquarters Expansion Project ....................................................................... 112, 134, 169, 181, 210, 238 Fire Sprinkler Service .......................................................................................................................................78 Fire Station No. 4 .................................................................................................................................. 194, 321 Fire Training Facility ........................................................................................................................................17 Fireworks ........................................................................................................................ 106, 142, 241, 243, 371 First National Bank of Dubuque ..................................................................................................................... 106 First Transit ............................................................................................................................................. 38, 122 Fiscal Year 2011 Departmental Budgets ............................................................................... 38, 39, 40, 57, 58, 71 Fiscal Year 2011 Operating Budget and Capital Improvement Program ....................................................... 37, 51 Fiscal Year 2011 Wage Plan and Compensation Package for Non-Bargaining Unit Employees ............................84 Fischer Lanes ................................................................................................................................................ 196 Fischer, Barbara .................................................................................................................................... 254, 302 Fishnick, Travis .............................................................................................................................................. 303 Fitzsimmons, Dan and Molly .................................................................................................................. 370, 409 Fitzsimmons, Erin .......................................................................................................................................... 296 Five Flags Center ........................................................................................ 40, 152, 196, 378, 472, 487, See SMG Five Flags Theater ................................................................................................................................. 392, 468 Five Points ..................................................................................................................................... 350, 381, 398 Five-Year Street Construction Program ............................................................................................................76 Flora Park ..................................................................................................................................................... 466 Fluoridation ................................................................................................................................. 13, 30, 97, 377 Foley, Don ............................................................................................................................................ 184, 200 Fonck, Caroly (Channel Inn) ........................................................................................................................... 464 Fondell Excavating, Inc. ......................................................................................................................... 108, 194 Forbes Magazine ........................................................................................................................................... 463 Forty (40) Main, LLC .........................................................................................................................20, 143, 450 Forty Four (44) Main Street ........................................................................................................ 16, 17, 419, 492 Forty Four (44) Main, LLC ....................................................................................................... 419, 441, 450, 492 Forty One Ten Dodge St., Inc. ........................................................................................................................ 222 Foster, Kim ................................................................................................................................................... 369 Four (4) - ALL, LLC ......................................................................................................................................... 1, 2 Four Mounds Energy Office Pilot Program ..................................................................................................... 106 Four Mounds Foundation ............................................................................................................... 162, 373, 466 Franchise Fee ...................................................................................................................................... 25, 52, 63 Fraternal Order of Eagles ................................................................................................................................49 Free Ride Program .................................................................................................................................. 54, 172 516 Regular Session, December 20, 2010 Book 140 Freeberry, Jay ............................................................................................................................................... 441 Freebery, Sherry ........................................................................................................................................... 143 French, Phil ............................................................................................................................ 189, 312, 486, 495 Frick, Edwin A. and Patricia A......................................................................................................................... 134 Friendly Locust Mart ..................................................................................................................................... 464 Friends of the Mines of Spain ................................................................... 297, 322, 462, See Mines of Spain, The Frommelt, Linda ............................................................................................................................................ 371 Fuerste Carew Law Firm ................................................................................................................................ 255 Fuerste, William C. .................................................................................................................................... 60, 63 Fuller, Vicky ................................................................................................................................................ 6, 18 Funders’ Network for Smart Growth and Livable Communities............................................................... 168, 175 Fury, Chad .............................................................................................................................................. 10, 370 G G.A. Publishing, Inc. ...................................................................................................................................... 371 G.M.S., Inc. (George Stephenson) ....................................................................................................................63 Gallagher Benefit Services ............................................................................................................................. 152 Galle, John .................................................................................................................................................... 117 Gantz, Jim ............................................................................................................................................. 158, 392 Garfield Avenue .................................................................................................................................... 147, 203 Gas & Go (3270, 4110 Dodge St., Inc.) ........................................................................................................... 222 GEI Consultants............................................................................................................................................. 397 Geiger, Donald W. (A&B Tap) ..........................................................................................................................85 General Obligation Bonds .................................... 112, 134, 181, 210, 224, 225, 262, 265, 306, 307, 326, 327, 329 General Obligation Capital Loan Notes ........................................................................................... 351, 382, 386 General Obligation Urban Renewal Bonds ............................................................5, 224, 262, 265, 306, 333, 339 Geographic Information System (GIS) ..............................................................................................................38 Geometric and Signalization Improvements ............................................................. 145, 179, 180, 210, 239, 240 Gerhard, Curtis (Knicker’s Saloon) .................................................................................................. 140, 251, 401 Getting Ahead in a Just-Gettin’-By World ..........................................................................................60, 111, 407 Gianakouros, Raki ......................................................................................................................................... 264 Giese Roofing Company ................................................................................................................................ 321 Gillen, Sheena .................................................................................................................................................83 Gilligan, Mark J. ..............................................................................................................................................30 Gilreath, Darrell ............................................................................................................................................ 369 Giltne, Gene.................................................................................................................................................. 117 Gin Rickey’s ....................................................................................................................................................49 Ginter, D & G ................................................................................................................................................ 128 Ginter, Donna ............................................................................................................................................... 128 Glassman, Susan ........................................................................................................................................... 264 Gloss, Megan ................................................................................................................................................ 494 GMRI, Inc. (Olive Garden) .............................................................................................................................. 110 GNZ Properties, Inc. ............................................................................................................... 157, 158, 391, 392 Goals and Priorities - City Council .......................................................................................................... 367, 368 Goebel, Richard E. ......................................................................................................................................... 175 Goeck, Rolf and Nancy .................................................................................................................................. 320 Goecke, Rolf and Nancy ................................................................................................................................ 320 Goodman, Thomas ................................................................................................................................ 184, 200 Goodwin House Moving, Inc. ......................................................................................................................... 396 Gotta Have It ........................................................................................................................................ 483, 484 Gotto, Dan .................................................................................................................................................... 497 Gotto, John ................................................................................................................................................... 196 Government Finance Officers Association ....................................................................................... 195, 408, 412 Governor’s Volunteer Award ......................................................................................................................... 251 Graham, Ed ................................................................................................................................................... 402 Granback, Norm..............................................................................................................................................29 Grand Harbor Resort and Water Park .................................................................................................... 472, 473 Grand Opera House ...................................................................................................................................... 238 Book 140 INDEX 517 Grand River Center, The ........................................................................................................... 40, 367, 368, 401 Grand Tap, The ......................................................................................................................................... 3, 401 Grandview Avenue Pet Park .............................................................................................................See Pet Park Grant, Dave .......................................................................................................................................... 320, 370 Grassley, Lee ............................................................................................................... 63, 83, 106, 127, 371, 472 Grassley, Senator Charles .................................................................................................. 21, 251, 300, 371, 438 Graves, Mel .................................................................................................................................................. 264 Grayfields ..................................................................................................................................................... 143 Grayson Enterprises (Vinny Vanucchi's Little Italy) ......................................................................................... 379 Great Rivers Center ...........................................................See National Mississippi River Museum and Aquarium Greater Downtown Urban Renewal District ....... 11, 69, 76, 182, 204, 259, 264, 324, 356, 358, 359, 442, 450, 465 Downtown Housing Incentive Awards ..........................................................................................................54 Greater Dubuque Development Corporation ......................................................... 30, 60, 89, 162, 169, 211, 413 Green Advisory Committee ........................................................................................................................... 412 Green Alley Project ......................................................................................................... 180, 209, 219, 239, 469 Green and Healthy Homes Initiative .............................................................................................................. 471 Green Dubuque ............................................................................................................................................ 264 Green Economy ............................................................................................................................................ 476 Green Project................................................................................................................................................ 493 Greenhouse Gas Inventory .................................................................................................................... 264, 452 Gregory, Douglas .......................................................................................................................................... 116 Griffin, Pastor Scott ....................................................................................................................................... 454 Grobstick, Michelle ....................................................................................................................................... 320 Gronen Restoration, Inc. ....................................................................................................................... 187, 424 Gronen, Mary ................................................................................................................................ 143, 462, 481 Ground Round Restaurant, The ................................................................................................................. 65, 66 Guns, Diann .....................................................................................................................................59, 184, 200 H H1N1 ..............................................................................................................................................................21 Hafkemeyer, Sue ........................................................................................................................................... 400 Haggerty, Steve.............................................................................................................................. 110, 175, 479 Hamilton, Brad .............................................................................................................................................. 116 Hammel, Dan ................................................................................................................................................ 449 Hammer Time Bar ................................................................................................................................. 110, 153 Hammerhead's Bar and Billiards .............................................................................................................. 49, 197 Hancock House Bed and Breakfast Inn ........................................................................................................... 164 Handan City, China ........................................................................................................................................ 466 Hansen, Kurt ......................................................................................................................................... 486, 494 Hansen, Roy .................................................................................................................................................. 320 Hanson, James .............................................................................................................................................. 142 Hanson, Richard L. ........................................................................................................................................ 1, 7 Happy Joe’s Pizza .......................................................................................................................................... 438 Happy’s Place ............................................................................................................................................... 401 Harker, Cyndi ................................................................................................................................................ 409 Harkin Wellness Grant .................................................................................................................................. 176 Harkin, Senator Thomas ........................................................................................................................ 176, 251 Harris, Charles ...................................................................................................................................... 184, 200 Harris, Sarah ................................................................................................................................................. 211 Hartig Drug Company .............................................................................................. 4, 24, 25, 110, 163, 164, 197 Harvard School of Public Health ......................................................................................................................63 Harvest View Estates ..................................................................................................................................... 236 Haugen, Bruce .............................................................................................................................................. 370 Haugen, Father John ........................................................................................................................................ 1 Haupert, Police Lieutenant David .................................................................................................................. 160 Hauser, Alyssa.................................................................................................................................................60 Hazard Mitigation Plan .......................................................................................................................... 115, 122 HDR Engineering ........................................................................................................................................... 369 518 Regular Session, December 20, 2010 Book 140 Head Start Program ........................................................................................................................................71 Health Choices Administrative Services.......................................................................................................... 174 Health Services Department ...................................................................................................................... 58, 59 Healthy Homes / Lead Paint Hazard Control Program ..................................................................................... 411 Healthy Homes Production Program .............................................................................................................. 463 HEART YouthBuild Program ........................................................................................................................... 492 Heeb Street .................................................................................................................................................. 246 HE-FR, Ltd. (Gin Rickey's) .................................................................................................................................49 Heiar Painting Company ................................................................................................................................ 396 Helicon Management, LLC ................................................................................................................97, 151, 152 Hellmer, Michelle .......................................................................................................................................... 117 Helping Services for Northeast Iowa .................................................................................................58, 162, 482 Hemmer, Paul ................................................................................................................................... 6, 184, 200 Hempstead Senior High School ................................................................... 23, 124, 143, 144, 249, 250, 426, 479 Hempstead Street ......................................................................................................................................... 471 Henry, Doug.................................................................................................................................................. 255 Hernandez Corporation (Yen Ching)............................................................................................................... 473 Herrig, John ........................................................................................................................... 161, 439, 473, 486 HHH Enterprises.............................................................................................................. 111, 131, 132, 324, 325 Highway 151 & 61 Development, LLC ...................................................................... 175, 220, 221, 241, 264, 378 Hildalgo, Inc. (Los Aztecas Mexican Restaurant) ............................................................................................. 177 Hill Street Plaza, Inc.........................................................................................................................................49 Hillcrest Family Services .......................................................................................................................... 85, 424 Hills and Dales ........................................................................................................................................ 58, 162 Hilton Garden Inn ......................................................................................................................................... 401 Hinderman, Dr. Jack ...................................................................................................................................... 370 Historic District Public Improvement Program (HDPIP) ........................................................................... 143, 297 Historic Federal Building............................................................................................ 71, 198, 232, 371, 378, 493 Historic Millwork District Alamo Site ................................................................................................................................................ 415 Caradco Building ....................................................................................................................................... 481 Complete Streets ....................................................................................................................... 413, 484, 495 Dubuque Community School District ......................................................................................................... 424 Iowa Finance Authority Loan Agreement ................................................................................................... 177 Market Rate Housing ................................................................................................................................. 204 Master Plan .................................................................................................................................... 93, 94, 95 Parking ...................................................................................................................................... 415, 462, 491 Policy Agenda ........................................................................................................................................... 368 Preservation Iowa ..................................................................................................................................... 190 Request to Rezone .......................................................................................................................... 51, 66, 89 Right-of-Way ..................................................................................................................................... 358, 382 Safe Community Task Force .........................................................................................................................60 Strategic Plannin Session ........................................................................................................................... 368 Streetscape and Utilities .................................................................................................................... 109, 372 Work Session ............................................................................................................................................ 190 Workforce and Market-Rate Housing ......................................................................................................... 168 Workforce Housing ................................................................................................................................... 241 Historic Preservation Commission th 10 and Central Avenue Parking Ramp ........................................................................................................36 3040 Elm Street .................................................................................................................................... 18, 68 Brewery Conservation District .....................................................................................................................68 Dubuque Community School District ......................................................................................................... 462 Education Task Force................................................................................................................................. 489 Historic District Public Improvement Program .................................................................................... 143, 297 Individual Historic Designations ...................................................................................................................16 Membership ...................................................................................................................... 184, 200, 302, 353 Minutes Submitted ............................................................... 6, 17, 60, 117, 142, 190, 242, 296, 370, 409, 454 Preservation Month .................................................................................................................................. 142 Proposed School Closures.......................................................................................................................... 462 Book 140 INDEX 519 Schroeder-Kleine Grocer Company Warehouse and M.M. Walker Company Warehouse ............................. 415 Upper Main Street .................................................................................................................................... 415 Walker Shoe Store Building ....................................................................................................................... 415 Washington Street and East 22nd Street .................................................................................................... 415 Historic Resource Development Program............................................................................................... 142, 143 Historic Shot Tower, The Historic ................................................................................................................... 489 Historic White Water Creek Bridge Relocation Project ................................................................................... 396 HJD Subtenant, LLC (Hotel Julien Dubuque) ................................................................................................... 473 Hoelscher, Tom ..................................................................................................................................... 235, 303 Hoffman, Paul ....................................................................................................................................... 184, 200 Hogstrom, Jill ................................................................................................................................................ 160 Hohmann, Robert and Angie ......................................................................................................................... 473 Holiday Inn Dubuque/Galena Hotel ............................................................................................ 29, 47, 472, 473 Holliday Drive ............................................................................................................................................... 145 Holmberg, Anne .................................................................................................................................... 420, 454 Holy Family Schools ...................................................................................................................................... 128 Holy Ghost Church ................................................................................................................. 229, 259, 413, 414 HOME Partnership Program ............................................................................................................................48 Homelessness Prevention and Rapid Re-Housing Program ....... 127, 371, 400, 477, See Community Development Block Grant (CDBG) Honkamp, Arnie ............................................................................................................................................ 449 Hoppman, James and Jen .............................................................................................................................. 134 Horsfield Construction, Inc. ................................................................................................................... 409, 421 Hospice of Dubuque ...................................................................................................................................... 454 Hotel Julien Dubuque ............................................................................................................................ 472, 473 Houlihan’s Restaurant ................................................................................................................................... 401 House of China, The ...................................................................................................................................... 251 Housing and Community Development Department ............................................................................ 57, 60, 71 Housing Code Appeals Board Minutes Submitted ........................................................................................................................... 190, 477 Housing Code Exterior Enforcement Initiative ................................................................................................ 382 Housing Commission 2015 Consolidated Plan and Analysis of Impediments to Fair Housing ........................................................ 131 Membership ....................................................................................................... 154, 254, 302, 371, 381, 402 Minutes Submitted .................................................................................. 17, 60, 105, 142, 170, 296, 409, 477 Safe Community Task Force Enforcement Subcommittee .............................................................................85 Section 8 Voucher Program ....................................................................................................................... 377 Housing Enterprise Zone Program .................................................................... 151, 152, 323, 324, 372, 481, 492 Housing Trust Fund Advisory Committee Membership ..................................................................................................................................... 415, 439 Minutes Submitted ........................................................................................................................... 105, 409 Hub on Main, Inc., The .................................................................................................................................. 128 HuHot Mongolian Grill .......................................................................................................................... 438, 439 Human Rights Commission ............................................................................................................................ 196 Annual Report ........................................................................................................................................... 482 Day of Peace Proclamation ........................................................................................................................ 370 Membership ......................................................................... 175, 184, 190, 200, 469, 477, 483, 486, 493, 494 Minutes Submitted ...........................................................................17, 60, 105, 117, 160, 242, 320, 420, 489 Reports Submitted .................................................................................................................................... 347 Human Rights Department ................................................................................................................ 38, 60, 319 Reorganization .......................................................................................................................................... 357 Huntley, Susan .............................................................................................................................................. 164 Huseman, Nicole ........................................................................................................................................... 489 Hutchinson, Heath ................................................................................................................................ 131, 425 Hy-Vee, Inc. .................................................................................. 65, 66, 163, 164, 197, 413, 414, 483, 484, 494 520 Regular Session, December 20, 2010 Book 140 I I Luv Food ...................................................................................................................................... 372, 483, 484 IA Hwy 32 ........................................................... 129, 145, 146, 156, 161, 179, 199, 210, 232, 239, 298, 409, 420 Ibrico, Inc. (Fat Tuesday's) ............................................................................................................................. 401 Ice Harbor ............................................................................................................................ See Port of Dubuque ICMA Retirement Corporation ............................................................................................................... 106, 107 IIW Engineers and Land Surveryors, PC .................................................................4, 236, 297, 303, 304, 460, 482 I-JOBS ............................................................................................................................... 97, 107, 252, 316, 422 I-JOBS II ........................................................................................................................................................ 252 Ilten, Pastor Jay............................................................................................................................................. 170 Individual Historic Designations .......................................................................................................................16 Information Services Department ....................................................................................................................40 Inland Molasses Place No. 2 .......................................................................................................................... 191 Inland Protein Corporation ............................................................................................................................ 170 Instant Replay ................................................................................................................................ 222, 483, 484 Insurance Institute for Highway Safety ............................................................................................................83 Intake Reconstruction Project ................................................................................................................. 44, 479 Intelligent Transportation Systems ................................................................................................................ 475 Intercultural Communication Training ........................................................................................................... 502 Intercultural Competency.................................................................................................................. 21, 38, 407 Intermodal Facility .................................................................................... See Port of Dubuque, Parking Division International Building Code ........................................................................................................................... 272 International Business Machines Corporation (IBM) ................... 115, 120, 140, 141, 162, 175, 372, 418, 487, 500 International Collocation of Local Environmental Initiatives (ICLEI) ................................................................. 452 International Economic Development Council................................................................................. 408, 413, 424 International Energy Conservation Code ......................................................................................... 267, 268, 392 International Fire Code .......................................................................................................... 236, 304, 310, 311 International Fuel Gas Code .......................................................................................................................... 267 International Livable Communities ................................................................................................................ 468 International Mechanical Code ...................................................................................................................... 293 International Plumbing Code ......................................................................................................................... 277 International Public Management Association ............................................................................................... 348 International Residential Code ...................................................................................................................... 275 International UAW Local #94 ......................................................................................................................... 494 International Union of Operating Engineers Local #758 .......................................................................... 191, 370 Interstate Power and Light Company ............................................................................... 115, 117, 140, 141, 142 Investment Oversight Advisory Commission Membership ..................................................................................................................................... 184, 200 Minutes Submitted .............................................................................................................. 41, 160, 320, 468 Quarterly Report ..........................................................................................................................41, 160, 320 Investment Policy.......................................................................................................................................... 152 Invocation Anderson, Father Gabriel .......................................................................................................................... 142 Bishop, Pastor Paul.................................................................................................................................... 218 Buol, Mayor Roy D. ......................................................................................................................41, 105, 489 Christopher, Pastor Dianne ........................................................................................................................ 420 Dr. Reverend Winston Persaud ....................................................................................................................60 Griffin, Pastor Scott ................................................................................................................................... 454 Haugen, Father John .................................................................................................................................... 1 Ilten, Pastor Jay ......................................................................................................................................... 170 Kincaid, Pastor Kristian .............................................................................................................................. 296 Lang, Deacon Tom ..................................................................................................................................... 160 LoBianco, Deacon Tim ............................................................................................................................... 477 LoBianco, Reverend Tim ............................................................................................................................... 6 Mason, Major Tom .................................................................................................................................... 468 McGhee, Deacon Dave ................................................................................................................................82 McHugh, BVM, Sister Dolores .................................................................................................................... 394 Book 140 INDEX 521 Pacholke, Chaplain David........................................................................................................................... 117 Reverend Nancy Bickel ................................................................................................................................17 Roehm, Pastor Travis................................................................................................................................. 320 Shinkle, Pastor Tom ................................................................................................................................... 190 Sorenson, Pastor John ............................................................................................................................... 370 Spicer, Reverend Lynn ............................................................................................................................... 408 Sr. Jennifer Rausch .................................................................................................................................... 242 Iowa 32 Bike/Hike Trail .......................................................................................................... 310, 373, 377, 482 Iowa Clean Air Attainment Program ....................................................................................... 145, 410, 411, 460 Iowa Commission on Volunteer Service .................................................................................... 24, 378, 413, 471 Iowa Department of Cultural Affairs .............................................................................................................. 152 Iowa Department of Economic Development (IDED) .13, 48, 98, 143, 151, 182, 210, 323, 324, 356, 451, 475, 481, 487, 492 Iowa Department of Natural Resources .....................13, 36, 69, 109, 121, 122, 128, 191, 195, 231, 310, 322, 493 Iowa Department of Public Health ......................................................................................................... 372, 377 Iowa Department of Transportation (IDOT) .. 20, 107, 139, 143, 144, 145, 146, 147, 194, 200, 301, 353, 377, 397, 420, 460 Iowa Economic Development Board .............................................................................................................. 143 Iowa Finance Authority ........................................................................................... 107, 158, 168, 177, 204, 400 Iowa Governor’s Traffic Safety Bureau .............................................................................................................63 Iowa Great Places ......................................................................................................................................... 418 Iowa League of Cities .......................................................................................................................84, 413, 418 Iowa Occupational Safety and Health Administration (IOSHA) ........................................................................ 503 Iowa Office of Energy Independence ..................................................................................................... 106, 222 Iowa Power and Light .................................................................................................................................... 250 Iowa Power Fund ........................................................................................................................... 140, 141, 175 Iowa State Energy Program ........................................................................................................................... 222 Iowa Street Market ........................................................................................................................ 197, 472, 473 Iowa Street Parking Ramp ...............................................................................................................................21 Iowa Utilities Board .........................................................................................................................................21 Iowa Wellness Council................................................................................................................................... 420 Irrevocable Licenses ...................................................................................................................................... 490 Isborn Avenue....................................................................................................................................... 379, 403 Isenhart, Representative Chuck ..................................................................................................................... 109 J J & P O’Hara, Inc. .......................................................................................................................................... 438 J.D. Communications, Inc. ............................................................................................................................. 371 J.P. Cullen & Sons ........................................................................................................................... 169, 238, 378 Jackson Street .................................................................................................................................................83 Jakubowski, Tom ........................................................................................................................................... 369 James Madison, Inc. (Star Restaurant) ........................................................................................................... 349 Jamis, LLC (The Ground Round) .......................................................................................................................66 Jasper, Josh................................................................................................................................................... 105 Jeffrey Drive ............................................................................................................................................. 60, 61 Jensen, Christine A. ....................................................................................................................................... 370 Job Access Reverse Commute Program .................................................................................................. 410, 411 John F. Kennedy Road ...................................................................................... 107, 145, 179, 240, 254, 456, 493 John G. Bergfeld Recreation Area ........................................................................... See Bergfeld Recreation Area Johnsen, William T. ....................................................................................................................................... 125 Johnson, Bob ................................................................................................................................................ 143 Jones Street .................................................................................................................................................. 127 Jones, Claire ....................................................................................................................................................58 Judge, Lt. Governor Patty .............................................................................................................................. 412 Juergens, Thomas J. ...................................................................................................................................... 296 JULE, The ............................................................................................................... 487, 493, See KeyLine Transit Jumper’s Sports Bar .............................................................................................................................. 438, 439 Jumpin’ Jane’s Indoor Party ........................................................................................................................... 472 522 Regular Session, December 20, 2010 Book 140 Jurisic, Ruth .......................................................................................................................................... 165, 185 Justice Assistance Grant (JAG) ............................................................................................................... 174, 399 K Kalmes Breaktime Bar ........................................................................................................................... 163, 164 Kalmes Brothers, LLC ..................................................................................................................................... 164 Kames, Louise ....................................................................................................................................... 184, 200 Kamp, Mary Lou (Noonan's Tap) .................................................................................................................... 110 Kane, Brian .....................................................................................................................................................18 Kane, Joseph P. ............................................................................................................................................. 254 Kane, Norby & Reddick, P.C. .................................................................................................................... 68, 254 Kapler, David ................................................................................................................................................ 377 Kaufmann Avenue.................................................................................................................. 107, 166, 186, 240 K-Chap Foods ................................................................................................................................. 222, 348, 438 Kehl, Keith ......................................................................................................................................................30 Kephart Building, The ............................................................................................................................ 160, 161 Kephart, Wendy and Rusty ..............................................................................................................................82 Kephart’s Music Store .....................................................................................................................................82 Kerper Boulevard ............................................................................................................................................18 Key City Investment Company ....................................................................................................................... 254 Key Way ....................................................................................................................................................... 456 KeyLine Transit .... 2, 57, 58, 63, 152, 158, 237, 238, 251, 267, 391, 399, 400, 475, 487, 493, See Jule, The, Transit Division Keymont Drive ................................................................................................................................................. 1 Keywest Conoco ................................................................................................................................... 153, 154 Kincaid, Pastor Kristian .................................................................................................................................. 296 Kinseth Hotel Corporation ............................................................................................................................. 473 Kirkpatrick, David .......................................................................................................................................... 494 Klapatauskas, Todd .........................................................................................................................................68 Klauer Construction .............................................................................................................................. 160, 489 Klauer, Dionne T. .......................................................................................................................................... 348 Klauer, Robert D. and Livija ........................................................................................................................... 148 Klavitter, David ................................................................................................................................. 15, 47, 142 Klinge, Kenneth ..................................................................................................................................... 184, 200 Klostermann, Wayne ...................................................................................................................... 127, 243, 392 K-Mart Corporation ............................................................................................................................... 176, 177 Knepper, John ....................................................................................................................................... 401, 440 Knicker’s Saloon ............................................................................................................................. 140, 251, 401 Knight Foundation, John S. and James L. ........................................................................................................ 411 Knight of Columbus, The ............................................................................................................................... 110 Knight, Michael ............................................................................................................................................. 142 Knight, Rhonda ..................................................................................................................................... 381, 402 Knoll, Joe ...................................................................................................................................................... 264 Kohinoor Grocers .......................................................................................................................................... 438 Kohl, James (Grand Tap) ................................................................................................................................ 401 Kohl, Paul ............................................................................................................................................. 184, 200 Kolf, James............................................................................................................................................ 231, 254 Kolf, James and Molly ........................................................................................................................... 454, 477 Kolz, Beverly A. ............................................................................................................................................. 175 Koshakji, Peter ........................................................................................................................................ 86, 113 Krayer, Dorothy ............................................................................................................................................ 394 Kress Industrial Facility, LLC ........................................................................................................ 66, 95, 124, 250 Kress, Toby ................................................................................................................. 66, 95, 125, 202, 203, 427 Kretz, Mary L................................................................................................................................................. 134 Krier, Christina .......................................................................................................................................... 67, 96 Kruse / Wartham Dubuque Auto Plaza........................................................................................................... 401 Kruse, Rebecca................................................................................................................................................83 Kruser, Victoria ............................................................................................................................................. 473 Book 140 INDEX 523 Kublie, Mr. and Mrs. Kenneth ........................................................................................................................ 134 Kuhlmann, Cindy .............................................................................................................................................53 Kurt, Barb ............................................................................................................................................. 184, 200 Kwik Star ....................................................................................................................................... 176, 177, 197 Kwik Stop....................................................................................................................................... 197, 372, 483 Kwik Stop C-Stores ........................................................................................................................................ 110 Kwik Stop Food Mart ................................................................................ 251, 372, 378, 379, 464, 483, 484, 493 Kwik Trip............................................................................................................................................... 153, 177 L L B. Metcalf, Inc. (Cedar Cross Amoco) ..................................................................................................... 25, 222 L. May Restaurant ......................................................................................................................................... 464 L. Wingate Properties, LLC ...................................................................................................... 157, 158, 391, 392 LaBee, James and Bonita ....................................................................................................................... 320, 477 Lake Ridge Drive .............................................................................................................................................24 Land and Water Conservation Fund (LWCF) ................................................................................................... 121 Landlord Notification System ........................................................................................................................ 501 Lane, Justin ................................................................................................................................................... 275 Lang, Deacon Tom......................................................................................................................................... 160 Lang, Sally A. ................................................................................................................................................. 1, 7 Lange Sign Group .......................................................................................................................................... 473 Lange, Carl F. ........................................................................................................................................ 105, 106 Lange, Christopher ................................................................................................................................ 142, 160 Langworthy Neighborhood Association ...........................................................................................................14 Lanka, Bob ............................................................................................................................................ 486, 495 Larkspur Addition.......................................................................................................................................... 322 Las Margaritas Mexican Restaurant ............................................................................................................... 494 Lattner, Dewane .............................................................................................................................................53 Law Enforcement Explorer Post ..................................................................................................................... 139 LB Metcalf, Inc.(Cedar Cross Amoco) ............................................................................................................. 177 Lead Poisoning Prevention Program ................................................................................................................63 LeClere, Julie ................................................................................................................................................. 471 LEED Certification ......................................................................................................................................... 125 Leeper, Elizabeth ............................................................................................................................................72 Legionnaires Drum and Bugle Corps .............................................................................................................. 196 Legislative Correspondence ............................................................................................................... 24, 48, 438 Energy Efficiency and Conservation Block Grant (EECBG) ............................................................................ 371 HF 2382 Designating a Physician ................................................................................................................ 109 HF 2502 Contibution to MFPRS .................................................................................................................. 109 HSB 741 Local Hote/Motel Tax Increase ..................................................................................................... 109 Public Safety Employer-Employee Cooperaton Act ..................................................................................... 251 State Video Franchising Law ......................................................................................................................... 3 LeGrand, Mary C. .......................................................................................................................................... 218 Leisure Services Department ......................................................................................................................... 465 Lembke, Julie ................................................................................................................................................ 303 Lester, Dorothy L............................................................................................................................... 41, 42, 296 Leubka, Lester C. ....................................................................................................................................... 17, 42 Levasseur, Ali ................................................................................................................................................ 468 Lewis, Nancy ...................................................................................................................................................58 Lewis, Uneka................................................................................................................................................. 394 Liberty Station, LLC ............................................................................................................................... 197, 379 Library ............................................................................................................. See Carnegie-Stout Public Library Library Board of Trustees .......................................................................................................................... 58, 59 Membership .............................................................................................................................. 175, 184, 200 Minutes Submitted .................................................................................... 6, 41, 105, 117, 218, 296, 468, 477 Updates Submitted ........................................................................................... 6, 60, 142, 242, 296, 409, 477 Lift Bar, The .................................................................................................................................................. 153 Lindstrom, Carole (Dubuque by Carriage) ........................................................................................................47 524 Regular Session, December 20, 2010 Book 140 Liquor License Applications 4, 13, 24, 49, 65, 85, 110, 127, 153, 163, 176, 196, 251, 348, 378, 401, 413, 438, 464, 472, 494 Liquor License Refunds........................................................................................................... 222, 348, 438, 494 Liquor License Renewals .................................................................................................................................68 Liquor License Transfers ......................................................................................................... 163, 251, 348, 401 Liquor License Violation Hearings .................................................................................................................. 156 List of Claims and Summary of Revenues ..................................1, 41, 105, 160, 190, 242, 320, 394, 420, 454, 477 Livingston, Dana..............................................................................................................................................59 LK Development and Storage, LLC ............................................................................................................. 18, 68 LoBianco, Dan .......................................................................................................................... 90, 204, 454, 495 LoBianco, Deacon Tim ................................................................................................................................... 477 LoBianco, Reverend Tim ................................................................................................................................... 6 Locascio, Dominick .............................................................................................................................. 49, 50, 68 Lochner, Gerald J. ......................................................................................................................................... 454 Locust Street................................................................................................................................................. 479 Long Range Planning Advisory Commission 2015 Consolidated Plan and Analysis of Impediments to Fair Housing ........................................................ 131 Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District ................ 259 Analysis of Impediments to Fair Housing ......................................................................................................69 Consolidated Plan .......................................................................................................................................63 Fiscal Year 2011 – 2015 Capital Improvement Program ................................................................................63 Membership .......................................................................................................................... 14, 28, 184, 200 Minutes Submitted ............................................................................................................................. 60, 242 Loras College ........................................................................................................ 2, 84, 127, 235, 413, 414, 472 Lorenz, Dave and Natalie .................................................................................................................................68 Los Aztecas Mexican Restaurant ............................................................................................. 176, 177, 378, 379 Lot One, LLC ..................................................................................................... 126, 127, 128, 156, 394, 400, 416 Lott, David and Julie ...................................................................................................................................... 420 Lounge, Riviera The ........................................................................................................................... 65, 85, 197 Lounge, The ............................................................................................................................................ 13, 372 Love, Phillip R..................................................................................................................................................13 Lower Bee Branch Creek Restoration Project ........................................................... 129, 155, 252, 316, 357, 422 Loyal Order of Moose #355 ........................................................................................................................... 127 LSC Transportation Consultants, Inc. ................................................................................................................. 2 Lucky 13 Tap .................................................................................................................................. 222, 378, 379 Ludovissy, Cheryl .......................................................................................................................................... 1, 7 LuGrain, Lana Kaye (P.J.'s Tap) .........................................................................................................................85 Lynch-Huerta, Sue ............................................................................................................................................ 6 Lyness, Karen ...................................................................................................................................40, 184, 200 Lyons, David .......................................................................................................................... 189, 369, 452, 476 M M.M. Walker Company Warehouse ....................................................................................................... 371, 415 M2M Magazine ............................................................................................................................................. 152 Maiden Lane ......................................................................................................................................... 322, 472 Main Street.............................................................................................................................. 97, 204, 301, 481 Maloy, SVM, Paula .................................................................................................................................... 28, 51 Manders, Jenny ...................................................................................................................................... 57, 353 Mandolin Inn, The ................................................................................................................................. 348, 349 Mangeno, Angie (Angie's Bar)........................................................................................................................ 401 Manhole Replacement Project 2009 ................................................................................................................43 Manternach, Glinda .................................................................................................................................. 88, 89 Maquoketa Drive .................................................................................................................................. 397, 460 Maquoketa Valley Electric Cooperative................................................................................ 25, 27, 28, 52, 53, 64 Marco’s Italian-American Food ...................................................................................................................... 127 Maria House ................................................................................................................................................. 163 Mario’s Italian Restaurant ...............................................................................................................................13 Marion Street ............................................................................................................................................... 348 Book 140 INDEX 525 Maro, Jerry .....................................................................................................................................................57 Marshall Park ................................................................................................................................................ 466 Martelle, Ray ................................................................................................................................................ 303 Marywood Drive ........................................................................................................................................... 493 Mason Dixon Saloon ..................................................................................................................................... 196 Mason, Major Tom........................................................................................................................................ 468 Mathy Construction Company ............................................................................................................... 193, 194 Mattroy, LLC ............................................................................................................................................. 44, 46 Max Smith Construction ........................................................................................................................ 151, 394 Mayas, Inc. (Las Margaritas Mexican Restaurant) ........................................................................................... 494 Mayor Pro-Tem ......................................................................................................................................... 1, 370 McAleece BMX Bicycle Course ....................................................................................................................... 189 McAleece Park and Recreation Complex ........................................................... 110, 165, 186, 189, 193, 395, 466 McAllister, Lisa ...................................................................................................................................... 130, 154 McCann, Steven R. ..........................................................................................................................................84 McCann’s Service ....................................................................................................................... 3, 176, 177, 197 McCarthy, Dan .............................................................................................................................................. 454 McClain Excavating Company, Inc. ......................................................................................................... 297, 347 McCoy, Greg ................................................................................................................................................. 323 McDermott Excavating, Inc................................................................ 12, 18, 42, 83, 143, 161, 243, 409, 479, 489 McDonald, Curtis .......................................................................................................................................... 134 McDonald, Rob ..................................................................................................................................... 134, 369 McDonald, Tim ............................................................................................................................................. 120 McDonell, Robert .................................................................................................................................. 184, 200 McDonough, Mike ........................................................................................................................................ 473 McDonough, Sr., John J. ................................................................................................................................ 108 McEnery, John W. ......................................................................................................................................... 477 McFadden Family Partnership ....................................................................................................................... 402 McGhee, Deacon Dave ....................................................................................................................................82 McHugh, BVM, Sister Dolores ........................................................................................................................ 394 McLaughlin, Kayla ......................................................................................................................................... 489 McNamara, Tim ........................................................................................................................................ 90, 97 Mechanical Board Membership ................................................................................................................................. 67, 87, 154 Minutes Submitted .................................................................................................................... 142, 160, 170 Mediacom Communications Company................................................. 5, 21, 63, 83, 106, 126, 127, 371, 472, 494 Mediacom Cultural Affairs Charitable Foundation .......................................................................................... 486 Membership ............................................................................................................................................. 494 Medline Industries, Inc. ................................................................................................................................. 125 Memorandums of Understanding .................................................................................... 115, 141, 188, 250, 487 Mercy Festival of Trees ................................................................................................................................. 472 Merkel, Deone ................................................................................................................................................72 Metz, Thomas C. and Mary K. ................................................................................................................ 320, 477 Meyer, Courtney .......................................................................................................................... See Lang, Sally Michael Kelly ............................................................................................................................................ 67, 87 Michalski, Ann ..................................................................................................................... 41, 57, 59, 130, 160 Mid America Holdings .................................................................................................................... 192, 193, 383 Middle Fork Catfish Creek Multi-Use Recreational Trail .................................................................................. 372 Middle Road ................................................................................................................................................. 168 Midwest Irrigation, LLC ......................................................................................................................... 404, 405 Miller & Van Eaton, Inc..................................................................................................................................... 4 Miller Riverview Park .......................................................................................................................... 4, 63, 466 Miller Road ................................................................................................................................................... 347 Miller, Chris .................................................................................................................................................. 441 Miller, Ellen Goodmann...................................................................................................................................90 Miller, Fred ........................................................................................................................................... 184, 200 Miller, Gary and Joan .................................................................................................................................... 370 Miller, Kenneth .............................................................................................................................. 381, 402, 415 Millius, Austin ....................................................................................................................................... 191, 218 526 Regular Session, December 20, 2010 Book 140 Millman, William J. ........................................................................................................................................ 420 Mills, Justin R. ............................................................................................................................................... 320 Mindframe MultiMedia, LLC ...................................................................................................................... 65, 66 Mines of Spain, The ................................................................................................. 121, 127, 142, 297, 322, 462 Mini-Bus ............................................................................................................................................... 152, 251 Miron Construction Co., Inc. ........................................................................................................... 212, 213, 490 Mississippi Plaza ................................................................................................................. See Port of Dubuque Mississippi Queen, The .................................................................................................................................. 189 Mississippi River Trail .................................................................................................................................... 377 Mississippi Riverwalk .......................................................................................................... See Port of Dubuque Mobile Data Terminals .................................................................................................................................. 152 Molo Oil Company ............................................................................................................ 25, 153, 197, 438, 494 Monk’s Kaffee Pub ................................................................................................................................ 163, 164 Montcrest Street....................................................................................................................................... 42, 43 Montrose Terrace .......................................................................................................................... 151, 188, 394 Mootz, Robert ...................................................................................................................................... 165, 186 Moracco Restaurant, The .............................................................................................................................. 494 Mork, Micah ......................................................................................................................................... 370, 394 Morse Electric ............................................................................................................................................... 195 Morton International, Inc. ............................................................................................................................. 378 Moss, Melvin ................................................................................................................................................ 142 Mouzon, Antonio J. ....................................................................................................................................... 160 TM Move the Mountain .................................................................................................................................. 111 Mozena, Terry .......................................................................................................................................... 14, 15 Mr. Rogers Pub ....................................................................................................................................... 49, 438 MSA Professional Services ............................................................................................................................. 491 Mulgrew Oil Company......................................................................................................................49, 110, 197 Mulgrew, Michael and Jackie......................................................................................................................... 303 Multicultural Family Center ......................................................................................... 40, 60, 128, 370, 482, 487 Multiple Housing Cooperative Transfers ........................................................................................................ 113 Municipal Climate Action Plan ....................................................................................................................... 264 Municipal Fire and Police Retirement System ................................................................................................ 109 Munson, Mark ................................................................................................................................................58 Murph’s South End Tap ......................................................................................................................... 176, 177 Murphy Park ......................................................................................................................................... 424, 466 Murphy, Gail ......................................................................................................................................... 184, 200 Murphy, Pamela (Murph's South End Tap) ..................................................................................................... 177 Music N More ............................................................................................................................................... 153 Music on the March ...................................................................................................................................... 175 MWH Americas, Inc ...................................................................................................................................... 463 Mystique Casino ...................................................................................65, 66, 142, 197, 296, 371, 372, 449, 463 N National Academy of Public Administration ................................................................................................... 482 National Civic Review Magazine .................................................................................................................... 472 National Flood Insurance Program ................................................................................................................. 300 National Housing and Rehabilitation Association ........................................................................................... 462 National League of Cities .................................................................................... 24, 56, 70, 83, 84, 216, 393, 478 National Mississippi River Museum and Aquarium ..................................................... 49, 196, 251, 252, 378, 379 Rivers Center .................................................................................................................................... 422, 456 National Park Service .......................................................................................................................48, 122, 493 National Register of Historic Places................................................................................................. 109, 135, 415 National Rivers Center ................................................................................................................... 196, 252, 305 National Security Breakfast ........................................................................................................................... 125 National Weather Service ........................................................................................................................ 69, 115 NCP International (Pizza Hut) ........................................................................................................................... 4 Neighbor’s Tap............................................................................................................................................ 3, 85 Neighborhood Stabilization Program ................................................................................................67, 182, 210 Book 140 INDEX 527 Neighborhood Watch ............................................................................................................................ 319, 501 Neptune Technology ..................................................................................................................................... 369 Ness, Joan ..................................................................................................................................................... 394 Nestby, Carol ................................................................................................................................................ 303 Newt Marine ................................................................................................... 128, See Dubuque Terminals, Inc. Ney, Jennifer ................................................................................................................................................. 454 Neyens, Steven and Leslie ............................................................................................................................. 370 Nicholson, Daniel .................................................................................................................................. 381, 402 Ninth Street ........................................................................................................................68, 98, 163, 395, 479 Nishat, Tahera .............................................................................................................................................. 438 Nodolf, Glen P. .............................................................................................................................................. 218 Noonan’s Tap................................................................................................................................................ 110 Norman, James ............................................................................................................................................. 409 North Cascade Road ....................................................................................................................... 302, 321, 353 North Fork Catfish Creek ..................................................................................................................44, 455, 456 North Fork Trails Subdivision ............................................................................................................................ 1 North Grandview Avenue ...................................................................................................................... 423, 463 North Siegert Farm ..........................................................................................................................46, 421, 474 Northeast Iowa Community College (NICC) ........................................................................................ 21, 58, 493 Northeast Iowa Council of the Boy Scouts of America .............................................................................. 17, 139 Northeast Iowa School of Music .................................................................................................................... 163 Northern Illinois University.................................................................................................................... 108, 176 Northern Lights Hockey ................................................................................................................................. 349 Northern Water Works Supply .............................................................................................................. 168, 369 Northouse, Russell (Hammer Time Bar) ................................................................................................. 110, 153 Northside Bar ............................................................................................................................ 24, 25, 163, 164 Northwest Arterial ........................................................................................................................................ 185 Norton, Patrick ..................................................................................................................................... 185, 200 Norton, Terrence J. (Iowa Street Market) ....................................................................................................... 197 Novell Software Licensing.............................................................................................................................. 298 Novus Systems ................................................................................................................................................36 O O’Clock Industries, Inc. ............................................................................................................................ 85, 197 O’Clock, Patrick ...............................................................................................................................................65 O’Meara, Dan .................................................................................................................................................89 Oak Grove............................................................................................................................................. 8, 61, 62 Oak Street ......................................................................................................................................................53 Oberdoerster, Chad .............................................................................................................................. 381, 402 Oberhoffer, Tom .............................................................................................................................................58 O'Bryon, Cindy ................................................................................................................................................58 Off-Premise Sign Area .....................................................................................................................................16 Oky Doky Stores ..................................................................................................................... 3, 49, 65, 110, 197 Old Highway Road ......................................................................................................................................... 202 Olive Garden Restaurant, The ........................................................................................................................ 110 One Thousand Friends of Iowa Award ........................................................................................................... 454 Ooh LaLa Salon ............................................................................................................................................. 196 Open Burning................................................................................................................................................ 413 Opening Doors .................................................................................................................................58, 127, 163 Operation New View Community Action Agency ............................................................ 6, 58, 163, 298, 420, 488 Orchard Park Subdivision .............................................................................................................................. 134 ORDINANCES 01-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located partially within the Langworthy Historic District from R-2 Two-Family Residential District to R-1 Single-Family Residential District ..............................................15 02-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-12 Off-Premise Signs and adopting a new Section 15-12 Off-Premise Signs in lieu thereof 528 Regular Session, December 20, 2010 Book 140 pertaining to the regulations of off-premise signs along state and federal highways and near historic districts ...................................................................................................................................................16 03-10 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances by adding Article 10-7(C)(4) Establishing an individually designated historic property at 2537 Windsor Avenue and by adding Article 10-7(C)5) Establishing an individually designated historic property at 44 Main Street ..........16 04-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District and adopting a new Section 15-11.10 Schedule of Sign Regulations for the C-5 Central Business District in lieu thereof, pertaining to the addition of Freestanding Identification Signs from 4th to 5th Streets along the east side of Main Street .............................................................................................................................................29 05-10 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial and All Other Uses ...................................................................................................................................35 06-10 Amending City of Dubuque Code of Ordinances Section 13-2C-3(B) Establishing the Schedule of Rates for Residential and Commercial Sewer Users by increasing the rates and amending Section 13-2C-3(C)(7) Establishing the Minimum Service Charge by increasing the minimum service charge ...............................35 07-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%) ........52 08-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Black Hills Energy Corporation, its successors and as-signs, generated from the sale of natural gas within the City of Dubuque to three percent (3%)............................................................................................................................................52 09-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Maquoketa Valley Energy Cooperative, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%) ..................................................................................................................................53 10-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the Disabled, Section 9-14-321.705 Prohibited Use of Parking Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a new Subsection C Snow Removal requiring the owner of any lot or parcel with accessible parking spaces and access isles from allowing accumulations of snow or ice thereon ...................................................................................................................................................55 11-10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle .....................................................................................................55 12-10 Amending the City of Dubuque Code of Ordinances Chapter 14 Parking, Division 5 Restrictions during Snow Removal, Section 9-14-321.682 Snow Route, Restricted Parking, by adding .....................................70 13-10 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establishing Water Rates for Residential, Commercial, Industrial, and all other uses ....................................................................................................................77 14-10 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Section 13-1C-2 Fixing Water Rates for Fire Sprinkler Service ................................78 15-10 Amending the City of Dubuque Code of Ordinances Sections 13-2c-3(B) and 13-2c-3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by Increasing the Rates ......................................78 16-10 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established - Exceptions, and Amending Section 13-6A-8(D) Yard Waste and Food Scraps ......................................................................79 17-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9-14-321.645 Meters - Time and Fee Schedule for Specific Lots of the City of Dubuque Code of Ordinances by Deleting Lots No. 1 and 4, Adding Lot No. 9, Increasing the Monthly Rates for Lots No. 2, 4, 10, and 12, and Establishing the Hours and Rates for Parking Lot No. 3 and the Federal Building Parking Lot ...............................................................81 18-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan to allow construction of an expanded parking lot for the University of Dubuque ID Institutional District near the corner of Finley and West Streets ........87 19-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 921 / 925 Lincoln Avenue from R-2A Alternate Two- Family Residential District to R-3 Moderate Density Multi-Family Residential District ................................89 20-10 Amending Title 16, of the City Of Dubuque Code Of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of 12th Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD ...90 Book 140 INDEX 529 21-10 Amending the City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-1, Permit Required, Section 14-2-2 Application for Permit, Section 14-2-3, Permit Issuance, Generally, Section 14-2-4, Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities ........................................................99 22-10 Amending Title 14 Chapter 7 of the City of Dubuque Code of Ordinances, Condominium Conversions, by prohibiting transfer of an existing structure to a multiple housing cooperative unless the structure meets building code requirements in effect on the date of transfer ........................................................ 113 23-10 Amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6-1 Definitions of the City of Dubuque Code of Ordinances by adding a definition for container - Section 13-6-3 Container Requirements - Collection Restrictions by adding definitions for garbage bags, oversized rigid solid waste containers, and solid waste carts - amending Article A City or Private Collection Service by amending Section 13-6a-4 Placement of Containers for Collection, Subsections A, C, D, and E and adopting a new Subsection F - and Amending Section 13-6a-6 Rates and Charges Established - Exceptions, Subsection D ............................. 136 24-10 Amending Title 6 Health, Housing, Sanitation and Environment, Chapter 6, Housing Regulations of the City of Dubuque Code of Ordinances, by repealing Section 6-6-4 A.3. Notice of Violation - Order of Compliance, and adopting in lieu thereof a new Section 6-6-4 A.3 - by amending Section 6-6-5 Enforcement of Order of City Manager by deleting Paragraph (4) - and by repealing Section 6-6-9 F.1. Extension of Time, and adopting in lieu thereof a new Section 6-6-9 F.1 .............................................................................. 138 25-10 Amending City of Dubuque Code of Ordinances § 9-7-321.321 Entering through Streets by adding Chavenelle Drive, from Associates Drive to the east right-of-way line of Seippel Road and from the west right-of-way line of Seippel Road to its northerly terminus ..................................................................... 159 26-10 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (A) of Section § 9-7-321.322 thereof providing for the deletion of the stop sign on Futuro Court at Chavenelle Drive .... 159 27-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 6900 / 7005 / 7010 Asbury Road from AG Agricultural District to R-1 Single-Family Residential District ................................................................... 167 28-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan to allow construction of an expanded parking lot, a new parking lot, and a new office/classroom building for the University of Dubuque ID Institutional District near the corner of Finley and West Streets ................................................................................. 201 29-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of Old Highway Road from AG Agricultural District to CR Commercial Recreation District with conditions ................................................................. 203 30-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 525 Garfield and 1907 and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District. ................................................................................................................. 203 31-10 Repealing City of Dubuque Ordinance 16-10, amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-6 Rates and Charges Established, Exceptions, Subsections A, B, C, D, and E, and amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-8 Yard Waste and Food Scraps, Subsection D ............................................................................................................................................................. 211 32-10 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by increasing the rates..................................... 213 33-10 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 all-terrain vehicles ........ 214 34-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 5 Obedience to and Effect of Traffic Laws, Section 9-5-321.234A All-Terrain Vehicles by amending certain roadway use restrictions therein ............................................................................................................ 214 35-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.445 Safety Belts and Safety Harnesses by modify-ing the age when safety belt use is required and establishing the violations and penalties for failure to wear safety belts ................... 214 36-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.446 Child Restraint Devices by modifying the age when use of child restraint devices or safety belts is required and providing exceptions to such requirements and providing the process for establishing violations for failure to use child restraint devices or safety belts ....................... 215 37-10 Amending the City of Dubuque Code of Ordinances Section 9-14-321-602 (D)-Prohibited Parking on City Streets or Portions Thereof .................................................................................................................... 238 530 Regular Session, December 20, 2010 Book 140 38-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 75 John F. Kennedy Road from PUD Planned Unit Development District with a PC Planned Commercial Designation to C-3 General Commercial District ..... 254 39-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Section 14-1G-1 Fuel Gas Code Adopted by repealing such section and enacting a new section in lieu thereof and Section 406.4.1 Test Pressure and 406.4.2 Test Duration by repealing such sections and enacting new sections in lieu thereof .......................................................... 267 40-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Article C Energy Conservation Code, Section 14-1C-1 International Energy Conservation Code Adopted by repealing such section and enacting a new section in lieu thereof and Section 14-1C-2 International Energy Conservation Code Amendments providing for the adoption of the International Energy Conservation Code (2009) and making amendments thereto ...................................................... 268 41-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14-1A-1 International Building Code Adopted and Section 14-1A-2 International Building Code Amendments by repealing such sections and enacting new Sections 14-1A-1 and 14-1A-2 in lieu thereof adopting the 2009 International Building Code and providing for the issuance of permits and collection of fees therefore.................................................................... 272 42-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B International Residential Code, Section 14-1B-1 International Residential Code Adopted and Section 14-1B-2 Inter-national Residential Code Amendments by repealing such sections and enacting new Sections 14-1B-1 and 14-1B-2 adopting the 2009 International Residential Code and pro-viding for the issuance of permits and collec-tion of fees therefore.............................................................................. 275 43-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Article H International Plumbing Code, Section 14-1H-1 International Plumbing Code Adopted by repealing such section and enacting a new section in lieu thereof and Sections 14-1H-2, 14-1H-3, 14-1H-4, 14-1H-5, and 14-1H-6 International Plumbing Code Amendments providing for the adoption of the International Plumbing Code (2009) and making amendments thereto ................................................... 277 44-10 Amending City of Dubuque Code of Ordinances Title 14 Building Development, Chapter 1 Building Codes, Article F International Mechanical Code, Section 14-1F-1 International Mechanical Code Adopted by repealing such section and enacting a new section in lieu thereof and Sections 14-1F-2 and 14-1F-3 International Mechanical Code Amendments providing for the adoption of the International Mechanical Code (2009) and making amendments thereto ....................................................................................... 293 45-10 Repealing Ordinance No. 11-10 Prohibiting the Use of an Electronic Communications Device While Operating a Motor Vehicle..................................................................................................................... 310 46-10 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the International Fire Code, 2009 Edition, as adopted, and provides for enforcement, addresses emergent situations, and provides discretion to the Fire Chief ............................................................................... 311 47-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 380 East 21st Street from R-2A Alternate Two- Family Residential to OR Office Residential District ................................................................................. 354 48-10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 2 Definitions by modifying the definition of Townhouse .............................................. 354 49-10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to allow residential use above the first floor only as a principal permitted use in the CR Commercial Recreation District ......................................................................... 355 50-10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to allow adding residential use as a conditional use in the LI Light Industrial and MHI Modified Heavy Industrial Districts ........................................................................... 355 51-10 Amending Ordinance Nos. 58-09, 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, etc. .................................................................................... 358 52-10 Revoking the Revocable Permit granted by Ordinance No. 62-04 to Art Pape Transfer, Inc. to operate and maintain a parking lot located on East 12th Street, just east of Highway 61/151 ............................... 393 53-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 5304 Pennsylvania Avenue from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District .......................................................... 402 Book 140 INDEX 531 54-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to eliminate Personal Services as a permitted use in the C-2 Neighborhood Shopping Center and C-2A Mixed Use Neighborhood Districts ......................................... 403 55-10 Creating a Safe Community Advisory Committee .............................................................................. 416 56-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located south of Creekwood Drive from County C-1 and R-2 to City R-1 Single-Family Residential District ............................................ 440 57-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 40, 42, 44 and 48 Main Street from C-4 Downtown Commercial District to OC Office Commercial District ............................................................................. 441 58-10 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-2 Intoxicating Beverages by prohibiting the possession, consumption, or use of alcoholic liquor, wine, beer, or other intoxicating beverages on park roadways and recreational trails, in park and recreation facility parking lots and vehicles within a park, and in parks, unless specifically exempted or permitted. ............................................................................... 466 59-10 Amending Title 2 of the City of Dubuque Code of Ordinances by adopting a new Chapter 10 Creating the Sister City Relationships Advisory Commission ................................................................................. 466 60-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 13, Site Design Standards, to clarify the number and location of bicycle parking spaces required for parking lots over 50 spaces ................................................................................................. 474 61-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located on U.S. Highway 20 West from County A-1 Agricultural District, County R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions ......................................................................................................................... 497 62-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ordinances No. 14-98, 7-02, and 83-04 by reclassifying three (3) parcels along Pennsylvania Avenue from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial District designation to incorporate the three parcels into the Dubuque Industrial Center West ........................... 499 63-10 Amending the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 2, Definitions, to modify definitions of Resource/Recycling Center, and amend Article 5, Zoning Districts, to eliminate outdoor resource recovery/recycling centers .......................................................................... 499 64-10 Establishing a moratorium on the issuance of demolition permits in the Washington Street Neighborhood Conservation District ...................................................................................................... 500 65-10 Amending 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 through (or thru) highway ......... 500 O'Rourke, Marina (Rosenow)................................................................................................................. 184, 200 Orr, Brigadier General Tim ............................................................................................................................ 125 Orwoll, Greg ....................................................................................................................................82, 175, 190 Osterberger, Amy ......................................................................................................................................... 477 Oswald, Lou ............................................................................................................................... 14, 28, 184, 200 OurHome Construction Loan Program ........................................................................................................... 158 Outdoor Warning Siren Activation Protocol .....................................................................................................69 P P.J.’s Tap .........................................................................................................................................................85 P.M.S.T., Inc. (Happy's Place) ......................................................................................................................... 401 Pacholke, Chaplain David .............................................................................................................................. 117 Paige, Carlotta .............................................................................................................................................. 264 Pamela Street ............................................................................................................................................... 373 Panchero’s Mexican Grill ............................................................................................................................... 110 Papin, Paul ................................................................................................................................................ 67, 87 Paradiso, Anna ................................................................................................................................................. 1 Park and Recreation Advisory Commission Membership ..................................................................................................................................... 184, 200 Minutes Submitted ................................................................... 17, 60, 142, 160, 242, 320, 394, 409, 468, 477 Pet Park ......................................................................................................................................................40 Parking Division 532 Regular Session, December 20, 2010 Book 140 10th and Central Parking Ramp and Fire Headquarters Expansion Project ...... 36, 111, 134, 151, 181, 210, 238, 483, 493 Budget ........................................................................................................................................................57 Downtown Parking Ramp Shuttle Service .....................................................................................................76 Eighth Street Parking ................................................................................................................................. 238 Fifth Street Parking Ramp .......................................................................................................................... 412 Historic Millwork District ............................................................................................................ 415, 462, 491 Locust Street Parking Ramp ................................................................................................................. 57, 412 Port of Dubuque Intermodal Facility .................................................................................................. 371, 373 Port of Dubuque Parking Facility ................................................................................................................ 109 Purhcase of Vehicle ................................................................................................................................... 196 Parks Division .................................................................................................................................................40 Paro Food Mart ..................................................................................................................................... 110, 197 Parsley, Thomas W. ....................................................................................................................................... 243 Passenger Rail Service ........................................................................................................................... 368, 371 Patterson, Tim .............................................................................................................................................. 106 Paul’s Tavern ............................................................................................................................................ 3, 196 Pearce, Douglas ............................................................................................................................................ 117 PEG Capital Grant Expenditure Request . See Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities Peninsula Gaming Company, LLC ......................................................................................................98, 384, 385 Pennsylvania Avenue ...................................................................................................... 145, 402, 409, 456, 498 Peosta, City of ............................................................................................................................................... 502 Pepper Sprout Restaurant ..................................................................................................................... 483, 484 Persaud, Dr. Reverend Winston .......................................................................................................................60 Pesko, Justine ............................................................................................................................................... 489 Pet Park ............................................................................................................................................ 40, 72, 393 Petal Project ................................................................................................................................................. 476 Petitions ............................................................................................................................................. 1, 55, 188 Petitions to Vacate ........................................................................................................................................ 379 Petsche, Angela ..............................................................................................................................................60 Pfeiler, Louis ......................................................................................................................................... 320, 325 Phillips 66 ...................................................................................................................................... 197, 378, 379 Piekenbrock, Charles ..................................................................................................................................... 370 Pinchuck-Herrig Place .....................................................................................................................................11 Pioneers Rest Stop ................................................................................................................................ 196, 197 Pitman, Neil and Beth ................................................................................................................................... 296 Pizza Hut.......................................................................................................................................................... 4 Pizzimenti, Marco ......................................................................................................................................... 105 PJ’s Tap......................................................................................................................................................... 150 Planning Services Department .........................................................................................................................57 Plastic Center, Inc. ................................................................................................................. 196, 256, 485, 495 Platinum Holdings, LLC .................................................................................................................................. 473 Platinum Hospitality Group ........................................................................................................................... 401 Plats of Survey .............................................................................................................................................. 491 637 Arlington (Schneider) .......................................................................................................................... 420 Creek Wood Drive ..................................................................................................................................... 323 Dubuque Technology Park #3 .................................................................................................................... 412 Pinchuck-Herrig Place ..................................................................................................................................11 Sisters of St. Francis...................................................................................................................................... 2 Southeast Corner of Pearl and Gilliam Streets ............................................................................................ 120 Wedig Place ................................................................................................................................................48 Westbrook Subdivision .............................................................................................................................. 120 Players Sports Bar ...........................................................................................................................................68 Plaza 20 / BP Amoco ............................................................................................................................. 197, 472 Plaza Drive ............................................................................................................................................ 145, 161 Pleasant View Drive ...................................................................................................................................... 106 Plumbing Board Minutes Submitted ............................................................................................................................. 41, 170 Book 140 INDEX 533 Police Department .................................................................................................................................... 60, 71 Policy Guidelines for Fiscal Year 2012 ............................................................................................................ 502 Port of Dubuque Alliant Energy Amphitheater....................................................................................................... 251, 348, 466 American Trust River’s Edge Plaza ......................................................................................................... 17, 466 Dubuque Terminals, Inc. .................................................................................................................... 128, 155 Ice Harbor Boat Docks .................................................................................................................................17 Intermodal Facility ..................................................................................................................... 368, 371, 373 Mississippi Plaza.......................................................................................................... 252, 305, 367, 383, 384 Mississippi Riverwalk ............................................................................................................................. 17, 466 Parking Facility .................................................................................................................................. 109, 110 Riverfront Marina.............................................................................................................................. 198, 231 South Port Development ........................................................................................................................... 368 Usage Policies ........................................................................................................................................... 152 Portside Ventures, LLC .......................................................................................................................... 325, 326 Portzen Construction, Inc. ................................................................................................. 21, 240, 298, 455, 456 Potter, Scott ................................................................................................................................................. 203 Pregler, John ............................................................................................................................................. 14, 28 Prehm, Greg ...................................................................................................................................................89 Premier Bank ..................................................................................................................................................20 Prescott Street .............................................................................................................................................. 170 Preservation Iowa 2010................................................................................................................................. 190 Priem, Brandon ..................................................................................................................................... 370, 394 Problem Property Maintenance Task Force.................................................................................................... 135 Prochaska, James .................................................................................................................................. 184, 200 Proclamations Americans with Disabilities 20th Anniversary ............................................................................................. 242 AmeriCorps Week (May 8 – 15, 2010) ........................................................................................................ 142 Apples for Children (June and July, 2010) ................................................................................................... 170 Arts Education Month (March 2010) ............................................................................................................82 Bike to Work Week (May 17 – 21, 2010) .................................................................................................... 142 Community Wellness Day (October 3, 2010) .............................................................................................. 370 Compass to Care Day - the Mike and Sandy Ernsdorf Childhood Cancer Foundation (July 9, 2010)............... 142 Congenital Heart Defect Awareness Week (February 7-14, 2010) .................................................................17 Constitution Week (September 17 – 23, 2010) ........................................................................................... 394 Crop Walk Day in Dubuque (October 3, 2010) ............................................................................................ 394 Day of Peace (September 21, 2010) ........................................................................................................... 370 Dubuque County Fair Week ....................................................................................................................... 242 Dubuque Main Street Week (November 1 – 7, 2010) ................................................................................. 454 Dubuque Visiting Nurse Association Centennial Week (March 28–April 3, 2010) ...........................................82 Dubuque Weatherization Challenge Day .................................................................................................... 420 Earned Income Tax Credit (EITC) Awareness Day (January 29, 2010) .............................................................. 6 Five Flags Theater 100th Anniversary Week (November 15 – 20, 2010) ...................................................... 468 Hospice Month (November 2010) .............................................................................................................. 454 Humanities Month (October 2010) ............................................................................................................ 394 League of Women Voters 90th Anniversary Week (February 15 – 20, 2010)..................................................41 Make a Will Month (October 2010)............................................................................................................ 394 Martin Luther King Days (January 17 and 18) ................................................................................................ 1 Mental Health Month (May, 2010) ............................................................................................................ 160 Monarch Moments Month (July, 2010) ...................................................................................................... 190 National Save for Retirement Week (October 17 – 23, 2010) ...................................................................... 408 National Train Day (May 8, 2010) ............................................................................................................... 142 Niemann-Pick Disease Awareness Month (October 2010) .......................................................................... 408 Nursing Home Week (May 9 – 15, 2010) .................................................................................................... 142 Philanthropy Day (November 15, 2010) ..................................................................................................... 454 Preservation Month (May, 2010) ............................................................................................................... 142 Public Service Employee Recognition Week (May 3 – 7, 2010) .................................................................... 142 Relay for Life Days (June 4 and 5, 2010) ..................................................................................................... 160 Responsible Gaming Education Week (August 2-6, 2010) ........................................................................... 296 534 Regular Session, December 20, 2010 Book 140 Rotary Foundation Group Study Exchange Days (April 28 – May 1, 2010) .................................................... 117 Scouting Day (February 7, 2010) ..................................................................................................................17 Sexual Assault Awareness Month (April 2010) ............................................................................................ 105 Shriners Hospitals Day (September 25, 2010) ............................................................................................. 370 Silver Star Banner Day (May 1, 2010) ......................................................................................................... 117 Table Mound Elementary School Week (August 23-27, 2010) ..................................................................... 320 Trick or Treat Night (October 31, 2010) ...................................................................................................... 408 United Way Campaign Time (August 2010) ................................................................................................ 296 Voices from the Warehouse District VI Transition Days (September 11–October 3, 2010) ........................... 370 Volunteer Week (April 18 – 24, 2010) ........................................................................................................ 117 Week of the Young Child (April 1-17, 2010) ................................................................................................ 105 Week without Violence (October 10 – 16, 2010) ........................................................................................ 408 White Cane Safety Day (October 15, 2010) ................................................................................................ 408 Progressive Packaging, LLC ............................................................................................................................ 247 Project Concern .......................................................................................................... 57, 58, 127, 163, 462, 477 Child Care Referral, Foster Grandparent Program.........................................................................................58 Information and Referral ..............................................................................................................58, 126, 163 Project HOPE ...................................................................................................................................60, 347, 368 Proofs of Publication ........................................... 1, 6, 17, 41, 60, 82, 105, 117, 142, 160, 170, 190, 370, 420, 477 Property Assessment Appeals Board.............................................................................................................. 301 Prosperity Eastern Iowa ................................................................................................................................ 370 Proudly Accessible Dubuque (PAD) .............................................................................................................. 17, 242 Provisionally Accredited Levee (PAL) .............................................................................................. 247, 372, 470 Public Right-of-Way Sidewalk Repair ............................................................................................................. 423 Public Works Department ......................................................................................... 39, 133, 172, 191, 261, 406 Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities.... 48, 84, 126, 162, 250, 472, 493 Puff n Snuff .........................................................................................................................24, 25, 153, 197, 494 Purchase of Property 1925 Washington Street (Mootz) ............................................................................................................... 165 2315 Jackson Street ....................................................................................................................................83 250 Main Street ..........................................................................................................................................20 3301 Roosevelt Street: .............................................................................................................................. 108 Highway 151 & 61 Development, LLC and SB Development ........................................................................ 300 Purchase of Service Agreements............................................................................................................ 162, 163 Purchase of Services Budget Hearing ...............................................................................................................58 Purchase of Vehicles ...................................................................................................................... 196, 420, 475 Pusateri’s Italian Restaurant ............................................................................................................................25 Putnam, Christine M. .................................................................................................................................... 320 Pyatigorsk, Russia ......................................................................................................................................... 466 Q Quarterly Investment Report.................................................................................................... 20, 152, 301, 471 R R Future, Inc. ................................................................................................................................. 153, 197, 472 R2K Entertainments, LLC (Jumpin'Jane's) ....................................................................................................... 472 Rabbett, Troy ................................................................................................................................................ 242 Radford Court ................................................................................................................................ 440, 473, 486 Radford Development, LLC .................................................................................................................... 439, 473 Radio Dubuque ............................................................................................................................................. 243 RAGBRAI .................................................................................................................................. 57, 169, 242, 312 Rahe, Keith .......................................................................................................................... 41, 57, 58, 242, 415 Rainbo Oil Company ................................................................................. 110, 153, 197, 251, 379, 464, 483, 484 Rainbow Lounge, The ............................................................................................................................ 438, 439 Ramirez, Pablo .............................................................................................................................................. 105 Ramona Street .............................................................................................................................................. 373 Book 140 INDEX 535 Rawson, Tom ............................................................................................................................................ 67, 86 Raymond Place ..................................................................................................................................... 322, 472 Raysan Corporation (The Bridge Restaurant).................................................................................................. 473 REAP Plan .......................................................................................................... See Dubuque County REAP Plan Rebuild Iowa Office ............................................................................................................................... 398, 502 RECAT Program .............................................................................................................................. 385, 413, 493 Recovery Zone Area ...................................................................................................................................... 195 Recreation Division ................................................................................................................................. 40, 189 Recreation Site Field Supervisor .................................................................................................................... 482 Red Robin ..................................................................................................................................................... 401 Refunding General Obligation Bonds ..................................................................................................... 224, 262 Regan, Lorri .......................................................................................................................................... 184, 200 Regional Transit Authority (RTA) ............................................................................................... 58, 237, 238, 493 Reisdorf, Stephen.................................................................................................................................. 184, 200 Release of Easements ............................................................................................................................. 96, 372 Remakel, Chad .............................................................................................................................................. 401 Requests for Proposals 18th Street Office Building......................................................................................................................... 451 9th Street and 11th Street Traffic Study ..................................................................................................... 107 Downtown Housing Incentive Award Program ........................................................................................... 135 Expanded Study on Crime and Poverty ........................................................................................................68 FEMA Flood Plain Mapping ..........................................................................................................................69 Historic Millwork District Parking Lot Design .............................................................................................. 462 Iowa Finance Authority, Historic Millwork District ...................................................................................... 241 KeyLine Transit Bus Wrap Advertisement ......................................................................................... 2, 63, 299 Light Duty Transit Vehicles ........................................................................................................................ 475 Mobile Data Terminals .............................................................................................................................. 152 Structural Modifications to Floodwall Levee............................................................................................... 300 Transit Management Services .................................................................................................................. 5, 36 US 151/61 Twin Valley and Maquoketa Drive Safety Improvements Project ................................................ 397 Requests for Text Amendment ...................................................................................................................... 354 Requests to Purchase Property 1745 Madison Street (Hanten) ................................................................................................................... 163 Requests to Rezone 2639 University Avenue (Prehm) .................................................................................................................89 380 East 21st Street (Mihalakis) ................................................................................................................. 353 40, 42, 44 and 48 Main Street (Freeberry) .................................................................................................. 441 525 Garfield Avenue and 1907 and 1911 Johnson Street (Potter) ............................................................... 203 5304 Pennsylvania Avenue, (Bedrock Development, McFadden) ................................................................ 402 6900 / 7005 / 7010 Asbury Road (Bahl) ...................................................................................................... 167 74 Kennedy Road (Key City Investment Company)...................................................................................... 254 921 / 925 Lincoln Avenue (Manternach) ......................................................................................................88 Creek Wood Drive (Knepper) ..................................................................................................................... 440 Historic Millwork District (City) ........................................................................................................ 51, 66, 89 Landfill (DMASWA) .................................................................................................................................... 497 Langworthy Neighborhood District (Mozena) ...............................................................................................14 Old Highway Road, Kunde Place (Kress) ..................................................................................................... 202 Pennsylvania Avenue (City)........................................................................................................................ 498 Radford Court (Drake) ............................................................................................................................... 439 Radford Court (Herrig) ....................................................................................................................... 473, 486 Residential Energy Efficiency Audit and Retrofit Reimbursements .................................................................. 373 Residential Parking Permit District ................................................................................................................. 348 RESOLUTIONS 001-10 Approving public improvements in North Fork Trails – Lots 10 through 18 and Lots A and B ............... 1 002-10 Approval of Usage Agreement with Loras College for use of Petrakis Park .......................................... 3 003-10 Approval of Usage Agreement with Clarke College for use of Veterans’ Memorial Park Field #2 .......... 3 004-10 Beer Permits January 4, 2010 ............................................................................................................ 4 005-10 Liquor Licenses January 4, 2010 ........................................................................................................ 4 536 Regular Session, December 20, 2010 Book 140 006-10 Setting a public hearing on the Fiscal Year 2011 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan .............................................................................................................. 4 007-10 Instituting proceedings to take additional action for the issuance of not to exceed $2,500,000 General Obligation Urban Renewal Bonds .............................................................................................................. 5 008-10 Approving plat of survey of Sisters of St. Francis Place in the City of Dubuque, Dubuque County, Iowa 2 009-10 Approving a Fiscal Year 2010 (Program Year 2009) 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 .................................................................................. 7 010-10 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6-3C2o, Title 6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa ......................................................................................................................................... 7 011-10 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h, Title l6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa .............................................................................................................................10 012-10 Approving Plat of Survey of Pinchuck-Herrig Place ............................................................................11 013-10 Accepting the Thomas Place Guardrail and Curb and Gutter Replacement Project and authorizing payment of the contract amount to the contractor ..................................................................................11 014-10 Accepting the Asbury Plaza Area Wastewater Pumping Facilities Project and authorizing payment of the contract amount to the contracto ......................................................................................................12 015-10 Authorizing the approval of an amendment to the CEBA and Enterprise Zone Agreements with Cottingham & Butler Insurance Service ....................................................................................................12 016-10 Beer Permits, January 19, 2010 ........................................................................................................13 017-10 Liquor Licenses January 19, 2010 .....................................................................................................13 018-10 Fixing date for a meeting on the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof ...............................................................................................14 019-10 Accepting the Kerper Boulevard Storm Sewer Improvements Project and authorizing payment of the contract amount to the contractor ...........................................................................................................18 020-10 Accepting the Clarke Drive Sanitary Sewer Repair Project and authorizing payment of the contract amount to the contractor ........................................................................................................................18 021-10 Accepting an ingress and egress easement for repair and maintenance of existing storm water detention facilities in the City of Dubuque, Iowa ......................................................................................19 022-10 Adopting the final assessment schedule for the 2009 Sidewalk Assessment Program ........................19 023-10 Approving a Collateral Assignment of Contract between Premier Bank and 40 Main, LLC ..................20 024-10 Accepting the Walkway Project between the Iowa Street Parking Ramp and Northeast Iowa Community College and authorizing payment of the contract amount to the contractor ...........................21 025-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof .............................................................................................................................22 026-10 Beer Permits February 1, 2010 .........................................................................................................24 027-10 Liquor Licenses February 1, 2010 .....................................................................................................25 028-10 Approving a Revenue Purpose Statement for the use or expenditure of electric and gas franchise fee revenues from the sale of electricity by Alliant Energy within the City of Dubuque ....................................26 029-10 Approving a Revenue Purpose Statement for the use or expenditure of gas franchise fee revenues from the sale of gas by Black Hills Energy Corporation within the City of Dubuque ....................................26 030-10 Approving a Revenue Purpose Statement for the use or expenditure of electric franchise fee revenues from the sale of electricity by Maquoketa Valley Electric Cooperative within the City of Dubuque .............26 031-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Alliant Energy from 2% to 3% on the sale of electricity within the City of Dubuque.............27 032-10 Setting a public hearing on a proposed or-dinance increasing the franchise fee under the City’s Gas Franchise with Black Hills Energy from 2% to 3% on the sale of gas within the City of Dubuque .................27 033-10 Setting a public hearing on a proposed ordinance increasing the franchise fee under the City’s Electric Franchise with Maquoketa Valley Electric Cooperative from 2% to 3% on the sale of electricity within the City of Dubuque ......................................................................................................................................28 034-10 Instituting proceedings to take additional action for the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes ...............................................................................................................................................................29 035-10 Authorizing and providing for the issuance and securing the payment of $8,676,000 Wa-ter Revenue Capital Loan Notes, Series 2010C by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Book 140 INDEX 537 Code of Iowa, providing for a method of payment thereof, approving loan and disbursement agreements and other related matters........................................................................................................................30 036-10 Accepting the Salt Dome Conveyor Project and authorizing payment of the contract amount to the contractor ...............................................................................................................................................42 036A-10 Approving an agreement for Iowa Water Trail funding with the Iowa Department of Natural Resources for the Dubuque Water Trail....................................................................................................36 037-10 Accepting the Montcrest Street Sanitary Sewer Extension Project and authorizing payment of the contract amount to the contractor ...........................................................................................................42 038-10 Adopting the final schedule of assessments for the Montcrest Street Sanitary Sewer Extension Project ...............................................................................................................................................................43 039-10 Accepting the 2009 Manhole Replacement Project and authorizing payment of the contract amount to the contractor .....................................................................................................................................43 040-10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor .........................................................................................................................................44 041-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Car-Ann-Jo LLC .............................................................................................................................45 042-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa ...............................................................................................45 043-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Yiannias Place ...............................................................................................................................45 044-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Avenarius .....................................................................................................................................45 045-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC ........................................................................46 046-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Selchert Place ...............................................................................................................................46 047-10 Approving an amendment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert ...........................................................................................................................................46 048-10 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 ...........................................................................................................................................47 049-10 Approving a plat of survey of Wedig Place in the City of Dubuque, Iowa............................................48 050-10 Beer Permits February 15, 2010 .......................................................................................................49 051-10 Liquor Licenses February 15, 2010....................................................................................................49 052-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football ............................................................................................50 053-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Utility Relocation Project – 9th to 10th Street .............................50 054-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque .........51 055-10 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque .............................................................................................51 056-10 Approving certain awards from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District ........................................................54 057-10 57-10 Accepting the Deborah and Jeffrey Drive Drain Tile Project and authorizing payment of the contract amount to the contractor ...........................................................................................................61 058-10 Accepting the Oak Grove Sanitary Sewer and Water Main Project and authorizing payment of the contract amount to the contractor ...........................................................................................................61 059-10 Adopting the final assessment schedule for the Oak Grove Sanitary Sewer and Water Main Extension Project ....................................................................................................................................................61 060-10 Amending Resolution No. 28-10 which ap-proved a Revenue Purpose Statement for the use or expenditure of electric franchise fee revenues from the sale of electricity by Alliant Energy within the City of Dubuque .............................................................................................................................................63 061-10 Amending Resolution No. 30-10 which approved a Revenue Purpose Statement for the use or expenditure of electric franchise fee revenues from the sale of electricity by Maquoketa Valley Electrical Cooperative within the City of Dubuque...................................................................................................64 062-10 Beer Permits March 1, 2010 .............................................................................................................66 063-10 Liquor Licenses March 1, 2010 .........................................................................................................66 064-10 Resolution of intent to dispose of interest and vacate roadway easement over Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa ....................................................66 538 Regular Session, December 20, 2010 Book 140 065-10 ........................................................................................................................................................67 066-10 Disposing of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football .....................................................................................................................................68 067-10 Approval of plans, specifications, form of con-tract, and estimated cost, for the Utility Relocation Project – 9th to 10th Street .....................................................................................................................68 068-10 Approving an award to B & C Cathedral Development, LLC from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District ...............69 069-10 Approving the adoption of pet park fees ..........................................................................................72 070-10 Adopting Annual Budget for the Fiscal Year Ending June 30, 2011 .....................................................73 071-10 Adopting the City of Dubuque Five Year Capital Improvement Program ............................................73 072-10 Adopting the Fiscal Year 2011 (Program Year 2010) Community Development Block Grant (CDBG) Annual Action Plan ..................................................................................................................................73 073-10 Rescinding Resolution No. 61-03, Establishing a Schedule of Development Services Fees, and adopting in lieu thereof a new Schedule of Development Services Fees as provided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code ......................................................................................73 074-10 Adopting the Five-Year Street Construction Program for Fiscal Years 2011-2015 ...............................76 075-10 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.........................................................................................................................................76 076-10 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.........................................................................................................................................76 077-10 Accepting the 2008 Catch Basin Replacement Project and authorizing payment of the contract amount to the contractor ........................................................................................................................83 078-10 Approving the acceptance of a Sheriff’s Deed for the east one-half of Lot 24A in L.H. Lang-worthy’s Addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located at 2315 Jackson Street .............................................................................................................................84 079-10 Approving the Wage Plan and Compensation Package for non-bargaining unit employees for Fiscal Year 2011 ................................................................................................................................................84 080-10 Liquor Licenses March 15, 2010 .......................................................................................................85 081-10 Liquor Licenses March 15, 2010 .......................................................................................................85 082-10 Setting a public hearing on the Fiscal Year 2011–2015 Consolidated Plan for Housing and Community Development ..........................................................................................................................................86 083-10 Setting a public hearing on the Analysis of Impediments to Fair Housing ...........................................86 084-10 Disposing of interest and vacate an excess easement for public roadway over Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa ....................................................96 085-10 Disposing of City-owned property, specifically, Lot Two of Lot Eighty-Six in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located at 1699 Washington Street...................................................................................................................................96 086-10 Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Façade Grant for property located at 756 Main Street ...............................................................97 087-10 Authorizing the filing of a Financial As-sistance Application to the Iowa Department of Economic Development on behalf of Peninsula Gaming, LLC ....................................................................................98 088-10 Awarding the public improvement contract for the Utility Relocation Project – 9th to 10th Streets Sanitary Sewer, 20-inch Trans-mission Watermain, and Fiber Optic Conduit .............................................98 089-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6- 10-STPU-05) for the Kaufmann Avenue from John F. Kennedy Road to Chaney Road HMA Recon- struction/Resurfacing Project................................................................................................................. 107 090-10 Authorizing the disposal of the interest of the City of Dubuque, Iowa, in the real property described as the northwesterly one-half of Barry Street in Barry Subdivision No. 2 in the City of Dubuque, Iowa, to the residual devisees under the John J. McDonough, Sr., last will and testament .......................................... 108 091-10 Accepting the warranty deed to part of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 311 in the City of Dubuque, Dubuque County, Iowa, from Fondell Excavating, Inc., of Dubuque, Iowa ................................ 108 092-10 Authorizing the execution of an agreement with the Iowa Department of Natural Resources, the U.S. Army Corp of Engineers, and the State Historic Preservation Office regarding the construction of the Bee Branch Creek Restoration project .......................................................................................................... 109 093-10 Beer Permits April 5, 2010 ............................................................................................................. 110 094-10 Liquor Licenses April 5, 2010 .......................................................................................................... 110 Book 140 INDEX 539 095-10 Resolution of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque and HHH Enterprises of Dubuque, Inc. ...................................................... 111 096-10 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque .................................................................................................................................... 111 097-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project .................................................................................................................................................. 112 098-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Water Pollution Control Plant Upgrade Project ......................... 112 099-10 Adopting the final assessment schedule for the Snow Removal and Right-of-Way Obstruction Removal Assessments.......................................................................................................................................... 117 100-10 Approving a Plat of Survey of Lot 1-100 and Lot 2-100 of Finley, Waples and Burton’s Addition in the City of Dubuque, Iowa ........................................................................................................................... 120 101-10 Approving a Plat of Survey of Lot 1-8 and Lot 2-8 Block 3 of Westbrook Subdivision in the City of Dubuque, Iowa ...................................................................................................................................... 120 102-10 Approving the Final Plat of Copperhead Place No. 2........................................................................ 121 103-10 Approving a contract with the Iowa Department of Natural Resources for the E. B. Lyons Interpretive Center Expansion Project ....................................................................................................................... 121 104-10 Approving a Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources for the E. B. Lyons Interpretive Center Expansion Project ........................................... 121 105-10 Approving and adopting the Dubuque Hazard Mitigation Plan Update ............................................ 122 106-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ........................................................................................................................... 123 107-10 Approving the Third Amendment to the Med-line Industries, Inc., Development Agreement ........... 125 108-10 Authorizing publication of a Notice of Intent to Request Release of Funds for certain Community Development Block Grant Projects for Fiscal Year 2011 (Program Year 2010) .......................................... 126 109-10 Liquor Licenses April 19, 2010 ........................................................................................................ 127 110-10 Resolution of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., an Iowa Corporation (the Dove Harbor Lease) ................................................................................................................................................... 128 111-10 Resolution of intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) ................................................................................................................................................... 128 112-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Lower Bee Branch Creek Restoration Project ............................ 129 113-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Asbury Road and IA 32 Traffic Signal and Grading Project .......... 130 114-10 Adopting the Fiscal Year 2011 – 2015 Consolidated Plan for Housing and Community Development, authorizing the Mayor to execute said plan and all necessary certifications, designating the City Manager as the authorized Chief Executive Officer for the Consolidated Plan, and directing that said plan be submitted to the U.S. Department of Housing and Urban Development .................................................................. 131 115-10 Approving the Analysis of Impediments to Fair Housing .................................................................. 131 116-10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque and HHH Enterprises of Dubuque, Inc...................................................................................... 132 117-10 Approving Amendment No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque ..................... 132 118-10 Approving plans, specifications, form of con-tract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project ......................................................................... 134 119-10 Approving plans, specifications, form of contract, and estimated cost for the Water Pollution Control Plant Upgrade Project ............................................................................................................................ 134 120-10 Authorizing the City Manager to solicit proposals for projects to encourage market-rate downtown rental and owner-occupied residential units in the Greater Dubuque Downtown Urban Renewal District and approve changes to the Downtown Rehabilitation Loan Program ..................................................... 135 121-10 Approving an increase in the license fee for vacant and abandoned buildings ................................. 138 122-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 2009-E-275) for the development of the Southwest Arterial Project ....................................................... 139 123-10 Granting the issuance of a Class ..................................................................................................... 140 540 Regular Session, December 20, 2010 Book 140 124-10 Approving Agreements with Interstate Power and Light Company and International Business Machines Corporation for the Advanced Metering Infrastructure Project and approving an Iowa Power Fund Board Contract for a grant for the Project ...................................................................................... 140 125-10 Authorizing grant application for HRDP Funds for Mines of Spain Interactive Multi-Media Timeline Exhibit ................................................................................................................................................... 142 126-10 Accepting the Hempstead Safety Improvements – Crosswalks and Geometrics Project Phase I and authorizing payment of the contract amount to the contractor .............................................................. 143 127-10 Approving Traffic Paint and Pavement Markings Agreement between the City of Dubuque and Dubuque County ................................................................................................................................... 144 128-10 Approving the Iowa Department of Transportation State Aid Funding Agreement (Agreement No. 2011-TS-029) for the Traffic Signal Mastarm Retrofit Project, Central Avenue at 5th and 7th Streets ....... 144 129-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6- 10-ICAAP-11) for the IA 32 Geometric and Signalization Improvements .................................................. 145 130-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6- 10-STPU-06) for the IA 32 and Asbury Road Turn Lane Im-provement Project ......................................... 145 131-10 Traffic Safety Funding Agreement for a signal and grading project that will make improvements to the IA 32 and Asbury Road intersection. Upon motion the documents were received and filed and Resolution No. 131-10 Approving the Iowa Department of Transportation State Aid Funding Agreement (Agreement No. 2009-TS-017) for the Asbury Road and IA 32 Traffic Signal and Grading Project ................................. 146 132-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6- 10-USTEP-12) for the IA 32 and Asbury Road Turn Lane Improvement Project ........................................ 146 133-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6- 10-HBRR-09) for the Brunskill Road Bridge Replacement Project............................................................. 147 134-10 Establishing the Fair Market Value of certain real property owned by IBC Sales Corporation in the City of Dubuque, Iowa – 501 / 507 Garfield Avenue ...................................................................................... 147 135-10 Establishing the Fair Market Value of certain real property owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa – 2263 Elm Street ............................................................................................... 148 136-10 Establishing the Fair Market Value of certain real property owned by Robert D. and Livija Klauer in the City of Dubuque, Iowa – 2275 Elm Street ............................................................................................... 148 137-10 Establishing the Fair Market Value of certain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa – 2350 Elm Street ...................................................................................................... 149 138-10 Establishing the Fair Market Value of certain real property owned by Jerry A. Spiegelhalter in the City of Dubuque, Iowa, was adopted – 2349 Elm Street ................................................................................. 149 139-10 Establishing the Fair Market Value of certain real property owned by PJ’s Tap, LLC in the City of Dubuque, Iowa – 500 Rhomberg Avenue ............................................................................................... 150 140-10 Establishing the Fair Market Value of certain real property owned by Steven Smith and Gary L. Carner in the City of Dubuque, Iowa – 501 Rhomberg Avenue ........................................................................... 150 141-10 Establishing the Fair Market Value of certain real property owned by Steven and Sue A. Boelk in the City of Dubuque, Iowa – 2356 Washington Street ................................................................................... 150 142-10 Authorizing contract with U.S. Department of Commerce Economic Development Administration – EDA for the 10th and Central Parking Ramp Project ................................................................................ 151 143-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Helicon Management, LLC ......................................... 151 144-10 Adopting the City of Dubuque Investment Policy ............................................................................ 152 145-10 Beer Permits May 3, 2010 .............................................................................................................. 153 146-10 Liquor Licenses May 3, 2010 .......................................................................................................... 153 147-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bee Branch Creek Building Deconstruction Project .................... 154 148-10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Dove Harbor Lease) .................. 155 149-10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Dubuque Terminals, Inc., an Iowa Corporation (the Ice Harbor Lease) ...................... 155 150-10 Approving plans, specifications, form of contract, and estimated cost for the Lower Bee Branch Creek Restoration Project. ............................................................................................................................... 156 151-10 Approving plans, specifications, form of contract, and estimated cost for the Asbury Road and IA 32 Traffic Signal and Grading Project .......................................................................................................... 156 152-10 Approving final plat of Wingate Place No. 3 in the City of Dubuque, Iowa........................................ 156 Book 140 INDEX 541 153-10 Approving the selection of East Central Intergovernmental Association (ECIA) for transit management services and authorizing the City Manager to execute an appropriate contract for said management contract ................................................................................................................................................ 158 154-10 Accepting Kephart Building Improvement Project and authorizing the payment of the contract amount to the contractor ...................................................................................................................... 160 155-10 Awarding public improvement contract for the Asbury Road and IA 32 Traffic Signal and Grading Project – Iowa DOT Project No. TSF-32-1(28)-92-31 ................................................................................ 161 156-10 Rescinding the approval of the agreement between the City of Dubuque and John W. Herrig and Sally Jo Herrig relating to the intersection project for Serenity Ridge Subdivision at Plaza Drive and Derby Grange Road ..................................................................................................................................................... 161 157-10 Beer Permits May 17, 2010 ............................................................................................................ 164 158-10 Liquor Licenses May 15, 2010......................................................................................................... 164 159-10 Resolution of intent to dispose of City-owned property, specifically, south one-half of Lot 148 and the south one foot of the north one-half of Lot 148 in East Dubuque, an addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1523 Elm Street .............................. 164 160-10 Resolution of intent to dispose of City-owned property, specifically, Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1925 Washington Street .................................................................................................................................................... 165 161-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the McAleece Ballpark Parking Lot Reconstruction Project .............. 166 162-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Kaufmann Avenue Resurfacing Project...................................... 166 163-10 Approval of plans, specifications, form of con-tract, and estimated cost for the Bee Branch Creek Building Deconstruction Project ............................................................................................................. 168 164-10 Authorizing the filing of an application with the Iowa Finance Authority (IFA) on behalf of the City of Dubuque to establish a local re-volving loan fund for workforce and market rate housing in the Historic Millwork District .................................................................................................................................... 168 165-10 Rejecting all competitive bid proposals received for the construction of the parking ramp at Tenth and Central and expansion of the Fire Headquarters building ........................................................................ 169 166-10 Accepting the warranty deed to Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa from Inland Protein Corporation ....................................................................................... 170 167-10 Approving final plat of Felderman Subdivision in the City of Dubuque, County of Dubuque, Iowa .... 171 168-10 Approving the contract for administration of an Economic Development Administration Grant to the East Central Intergovernmental Association ........................................................................................... 172 169-10 Authorizing the City to collect delinquent snow and ice removal and garbage collection charges in accordance with Title 6-6-3C2o, Title 6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa ...................................................................................................................................... 173 170-10 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h, Title l6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa ........................................................................................................................... 174 171-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development, LLC ........................................................................................................................................................ 176 172-10 Establishing the fair market value of certain real property owned by SB Development, LLC in the City of Dubuque, Iowa .................................................................................................................................. 176 173-10 Beer Permits June 7, 2010 .............................................................................................................. 177 174-10 Liquor Licenses June 7, 2010 .......................................................................................................... 177 175-10 Fixing date for a meeting on the authorization of a loan agreement with the Iowa Finance Authority in the principal amount of $4,500,000 and providing for publication of notice thereof ................................ 177 176-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relat-ing thereto with the Victory Café – Dubuque, Inc., and providing for the publication of notice thereof ....................................................................................................................................... 178 177-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Dubuque Regional Airport – Jet Drive Resurfacing Project ......... 179 178-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project.......................................................................................................................................... 180 542 Regular Session, December 20, 2010 Book 140 179-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Green Alley Project – 15th to 16th Streets from Washington to Elm Streets .................................................................................................................................................. 180 180-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project .................................................................................................................................................. 181 181-10 Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds ....................................................................................... 182 182-10 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 ...................................... 182 183-10 Disposing of City-owned property, specifically the south one-half of Lot 148 and the south one foot of the north one-half of Lot 148 in East Dubuque, an addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1523 Elm Street.............................................................. 185 184-10 Disposing of City-owned property, specifi-cally, Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1925 Washington Street ................. 186 185-10 Approving plans, specifications, form of contract, and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project ........................................................................................................ 186 186-10 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Resurfacing Project ................................................................................................................................ 187 187-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Gronen Restoration, Inc. ................................................................................... 187 188-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Tschiggfrie Excavating) ..................................................................................... 187 189-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Ted Stackis Construction ................................................................................... 188 190-10 Approving a Memorandum of Understanding with Sustainable Neighborhood Builders, Inc., for the redevelopment of 1079 Elm Street......................................................................................................... 188 191-10 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758 and authorizing the Mayor to sign the Agreement ................................ 191 192-10 Approving a final plat of Inland Molasses Place No. 2 in the City of Dubuque, Iowa, ........................ 192 193-10 Approving the final plat of Center City Place #2 in the City of Dubuque, Iowa .................................. 192 194-10 Approving the final plat of Center City Place #3 in the City of Dubuque, Iowa .................................. 192 195-10 Approving the final plat of Center City Place #4 in the City of Dubuque, Iowa .................................. 193 196-10 Approving the final plat of Center City Place #5 in the City of Dubuque, Iowa .................................. 193 197-10 Awarding public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project .......................................................................................................................... 193 198-10 Approving the Iowa Department of Transportation Supplemental Agreement for maintenance of primary roads in municipalities for the Third Street Overpass Bridge Approach Repair Project ................ 194 199-10 Accepting the deed to certain real estate in Dubuque County, Iowa, from Fondell Excavating, Inc. .. 194 200-10 Accepting the Terminal Street Pumping Station Improvements Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 195 201-10 Approving the establishment of a Recovery Zone Area within the City of Dubuque ......................... 195 202-10 Beer Permits June 21, 2010 ............................................................................................................ 196 203-10 Liquor Licenses June 21, 2010 ........................................................................................................ 196 204-10 Cigarette License Renewals June 21, 2010 ...................................................................................... 197 205-10 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque County ......................................................................................... 198 206-10 Setting a time and place for a public hearing for the Port of Dubuque – Riverfront Marina Project .. 198 207-10 Setting a public hearing on a proposed easement agreement between the City of Dubuque, Iowa, (City), Keith Karlton Clark and Mary E. Clark (Clark), DB&T Community Development Corp. (DB&T CDC), and Gary F. Bishop (Bishop), establishing rights and duties of the parties relating to the Washington Street Row Houses Project ...................................................................................................................................... 199 208-10 208-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 and Asbury Road Turn Lane Improvements Project ............................................................................................................................................................. 199 209-10 209-10 Approving a Development Agreement with Victory Café – Dubuque, Inc., for the property located at 756 Main Street..................................................................................................................... 204 Book 140 INDEX 543 210-10 Instituting proceedings to take additional action for the authorization of a loan agreement with the Iowa Finance Authority .......................................................................................................................... 205 211-10 Approving and authorizing a form of loan agreement and authorizing and providing for the issuance and securing the payment of a promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said note ......................................................................................................................... 205 212-10 Approving a loan agreement with the Iowa Finance Authority (IFA) on behalf of the City of Dubuque to establish a local revolving loan fund for workforce and market rate housing in the Historic Millwork District .................................................................................................................................................. 209 213-10 Approving plans, specifications, form of contract, and estimated cost for the Green Alley Project – 15th to 16th Street from Washington to Elm Streets .............................................................................. 209 214-10 Approving plans, specifications, form of contract and estimated cost for the Dubuque Regional Airport – Jet Drive Resurfacing Project ............................................................................................................... 209 215-10 Approving plans, specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project ........................................................................ 210 216-10 Approving plans, specifications, form of con-tract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. ........................................................................ 210 217-10 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds ............................................................................................ 210 218-10 Awarding construction contract for the Water Pollution Control Plant Modification Project ............ 213 219-10 Approving a Fiscal Year 2010 (Program Year 2009) Annual Action Plan – Amendment #3 for Community Development Block Grant Recovery (CDBG-R) funds ............................................................ 219 220-10 Approving a Fiscal Year 2011 (Program Year 2010) Annual Action Plan – Amendment #1 for Community Development Block Grant (CDBG) funds .............................................................................. 219 221-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development ............................................................................................................................................................. 220 222-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development ............................................................................................................................................................. 220 223-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development ............................................................................................................................................................. 221 224-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development ............................................................................................................................................................. 221 225-10 Cigarette Licenses July 6, 2010 ....................................................................................................... 222 226-10 Beer Permits July 6, 2010 ............................................................................................................... 222 227-10 Liquor Licenses July 6, 2010 ........................................................................................................... 222 228-10 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque .................................................................................................................................... 223 229-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $5,700,000 Water Revenue Bonds of the City of Dubuque, Iowa ......................................................................................... 223 230-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa................ 224 231-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $4,575,000 General Obligation Bonds (for essential corporate purposes) of the City of Dubuque, Iowa .................................. 224 232-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Catfish Creek Generator Installation Project .............................. 225 233-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Central Avenue Water Main (21st to 32nd Streets) Project ........ 226 234-10 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity for the Central Avenue Water Main (21st to 32nd Street) Project ...... 226 235-10 Resolution of Necessity for the Central Avenue Water Main (21st to 32nd Street) Project ............... 230 236-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the US 52 Traffic Flow Enhancement Project ................................... 230 237-10 Approving the Ice Harbor as the selected location for the Port of Dubuque Riverfront Marina Project ............................................................................................................................................................. 231 238-10 Disposing of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque and Dubuque County .............................................................................................................. 232 239-10 Disposing of real property by revising, restating and vacating various easements related to the Washington Street Row Houses Project over portions of Lots 90 and 91 in the City of Dubuque .............. 232 240-10 Approving plans, specifications, form of contract, and estimated cost for the IA 32 and Asbury Road Turn Lane Improvements Project ........................................................................................................... 233 544 Regular Session, December 20, 2010 Book 140 241-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Sunset Ridge Reconstruction Project ......................................... 233 242-10 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity ........................................................................................................ 233 243-10 Resolution of Necessity for the Sunset Ridge Reconstruction Project .............................................. 235 244-10 Resolution of intent to vacate and dispose of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa .......................................................................................................... 236 245-10 Approving the final plat of Harvest View Estates Sixth Addition in the City of Dubuque ................... 236 246-10 Awarding public improvement contract for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. ........................................................................................................... 238 247-10 247-10 Awarding public improvement contract for the Green Alley Project – 15th to 16th Street from Washington to Elm Streets..................................................................................................................... 239 248-10 Awarding public improvement contract for the Dubuque Regional Airport – Jet Drive Resur-facing Project. ................................................................................................................................................. 239 249-10 Awarding public improvement contract for the IA 32 Geometric and Signalization Improve-ments – US 20 to JFK Road Project. .......................................................................................................................... 240 250-10 Rejecting all competitive bid proposals received for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Chaney), Iowa DOT Project No. STP-U-2100 (651)—70-31 ............................... 240 251-10 Authorizing the execution of a 28E Agreement with the Dubuque Soil and Water Conservation District regarding the water sampling of streams within the Catfish Creek Watershed Basin ............................... 240 252-10 Approving a request for proposal for the Local Revolving Loan Fund for workforce and market-rate housing in the Historic Millwork District ................................................................................................. 241 253-10 Authorizing execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development ................................................................................... 242 254-10 Accepting the Beverly to Carlton Street – Sanitary Sewer Spot Repair Project and authorizing payment of the contract amount to the contractor ............................................................................................... 243 255-10 Adopting the final assessment schedule for the Fiscal Year 2010 Detention Basin Maintenance Program ................................................................................................................................................ 244 256-10 Accepting the Heeb Street Retaining Wall Project and authorizing payment of the contract amount to the contractor ....................................................................................................................................... 247 257-10 Approving the final plat of Emerald Acres No. 6 in the City of Dubuque, Iowa ................................. 247 258-10 Approving the acceptance of a Sheriff’s Deed for the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof, located at 2015 Washington Street................................................................................................................................. 248 259-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ........................................................................................................................... 248 260-10 Beer Permits July 19, 2010 ............................................................................................................. 251 261-10 Liquor Licenese July 19, 2010 ......................................................................................................... 251 262-10 Authorizing the submittal of an application to the State of Iowa I-JOBS II Disaster Prevention Grant program for funding for the Lower Bee Branch Creek Restoration Project ............................................... 252 263-10 Authorizing the submittal of an application to the State of Iowa I-JOBS II Disaster Prevention Grant program for funding for the excess flow management portion of the Water Pollution Control Plant Modification Project .............................................................................................................................. 252 264-10 Intent to dispose of real property by the Fourth Amendment to the Lease Agreement between the City of Dubuque and the Dubuque County Historical Society .................................................................. 253 265-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof ...................................................................................................... 253 266-10 Approving plans, specifications, form of contract, and estimated cost for the Central Avenue Water Main (21st to 32nd Streets) Project ........................................................................................................ 256 267-10 Resolution with respect to the adoption of the Resolution of Necessity for the Central Avenue Water Main (21st to 32nd Street) Project ......................................................................................................... 256 268-10 Approving schedule of assessments and estimate of total cost for the Central Avenue Water Main (21st to 32nd Street) Project .................................................................................................................. 256 269-10 Approving the amended and restated Urban Renewal Plan for the Greater Downtown Urban Renewal District .................................................................................................................................................. 259 270-10 Approving Amendment No. 1 to the Fiscal Year 2011 budget for the City of Dubuque ..................... 260 Book 140 INDEX 545 271-10 Instituting proceedings to take additional action for the issuance of not to exceed $5,700,000 Water Revenue Bonds...................................................................................................................................... 262 272-10 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligation ............................................................................................................................................. 262 273-10 Instituting proceedings to take additional action for the issuance of not to exceed $4,575,000 General Obligation Bonds ................................................................................................................................... 263 274-10 Approving plans, specifications, form of contract, and estimated cost for the Catfish Creek Generator Installation Project ................................................................................................................................ 263 275-10 Approving plans, specifications, form of contract, and estimated cost for the US 52 Traffic Flow Enhancement Project ............................................................................................................................ 263 276-10 Authorizing Amendment #4 to a Development Agreement with Highway 151/61 Development, Inc. and acquisition of Bee Branch right-of-way ............................................................................................ 264 277-10 Approving certain awards from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District. ..................................................... 265 278-10 Directing the advertisement for sale of $4,470,000 General Obligation Bonds, Series 2010A, $2,675,000 Taxable General Obligation Urban Renewal Bonds Series 2010B and, $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C ..................................................................................... 265 279-10 Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ....................................................................................................................................... 296 280-10 Accepting the Highway 61 / 151 South Water Main Extension project and authorizing payment of the contract amount to the contractor ......................................................................................................... 297 281-10 Awarding public improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project .................................................................................................................................................. 298 282-10 Awarding public improvement contract for the US 52 Traffic Flow Enhancement Project ................ 298 283-10 Awarding public improvement contract for the Central Avenue Water Main (21st to 32nd Street) Project .................................................................................................................................................. 298 284-10 Directing the advertisement for sale of $5,700,000 Water Revenue Bonds ...................................... 299 285-10 Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC ........................................................................................................................................................ 300 286-10 Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC ...... 300 287-10 Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for the Central Ave-nue (US 52) Water Main Project .................................................................. 301 288-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with 73 CHS Forwards, LLC, and providing for the publication of notice thereof ............................................................................................................................................................. 301 289-10 Setting date of public hearing on plans, specifications, form of contract and estimated cost for the Southwest Arterial Project North Cascade Road Reconstruction ...................................................................................................... 302 290-10 Approving the plat of proposed vacated portion of Cox Street from Loras Boulevard to West 17th Street .................................................................................................................................................... 303 291-10 Vacating a portion of Cox Street from Loras Boulevard to West 17th Street .................................... 304 292-10 Disposing of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa .. 304 293-10 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes .............. 305 294-10 Directing sale of General Obligation Bonds, Series 2010A ............................................................... 306 295-10 Directing sale of Taxable General Obligation Urban Renewal Bonds, Series 2010B ........................... 306 296-10 Directing sale of General Obligation Urban Renewal Bonds, Series 2010C ....................................... 306 297-10 Authorizing the redemption of the outstanding General Obligation Bonds, Series 2002B, dated March 1, 2002, of the City of Dubuque, Iowa, and directing Notice of Redemption ............................................ 307 298-10 Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge Reconstruction Project .......................................................................................................................... 308 299-10 Resolution with respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruction Project .......................................................................................................................... 308 300-10 Approving schedule of assessments and estimate of total cost for the Sunset Ridge Reconstruction Project .................................................................................................................................................. 308 301-10 Authorizing REAP Grant application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) ....................................................................................................................................... 310 546 Regular Session, December 20, 2010 Book 140 302-10 Authorizing and providing for the issuance and securing the payment of $64,885,000 Sewer Revenue Capital Loan Notes, Series 2010E, 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 Agreement, and other related matters...................................................................................................................... 312 303-10 Support of I-JOBS II Disaster Prevention Grant Program Application for funding for the Lower Bee Branch Creek Restoration Project and Smart Planning Principals. ............................................................ 316 304-10 Approving Amendment 4 to the Fiscal Year 2010 Annual Plan for the Homelessness Prevention and Rapid Re-Housing Program .................................................................................................................... 320 305-10 Accepting the Fire Station No. 4 – Roof Replacement Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 321 306-10 Approving the Consultant Professional Services – Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for construction engineering services for the North Cascade Road Reconstruction Project (Phase 1 of the Southwest Arterial Project)................................... 321 307-10 Authorizing emergency repairs to the Raymond Place/Maiden Lane Retaining Wall ........................ 322 308-10 Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition in the City of Dubuque, Iowa 322 309-10 Approving the Plat of Survey of Lot 1 of the NE 1/4 SW ¼ Section 2, T88N, R2E of the 5th P.M. of Creek Wood Drive ........................................................................................................................................... 323 310-10 Authorizing State Planning Grant application to the Iowa Department of Economic Development ... 323 311-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and 73 CHS Forwards, LLC ................................................ 324 312-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and CARADCO Building, LLLP, ........................................... 324 313-10 Approving an award to HHH Enterprises, LLC from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District ............................ 325 314-10 Accepting ownership of Veterans’ Memorial Plaza on Chaplain Schmitt Island ................................ 325 315-10 Approving the acknowledgement of termination of the Development Agreement between the City of Dubuque, Iowa and Portside Ventures, LLC ............................................................................................ 325 316-10 Appointing Wells Fargo Bank, National Asso-ciation of Des Moines, Iowa, to serve as Pay-ment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement .................................................................. 326 317-10 Authorizing and providing for the issuance of $4,470,000 General Obligation Bonds, Series 2010A, and levying a tax to pay said bonds ............................................................................................................... 326 318-10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement .................................................................. 333 319-10 Authorizing and providing for the issuance of $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B and levying a tax to pay said bonds ........................................................................ 334 320-10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent......................................................................................................... 340 321-10 Authorizing and providing for the issuance of $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, and levying a tax to pay said bonds ................................................................................... 340 322-10 Accepting the Miller Road Water Main Extension Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 347 323-10 Awarding construction contract for the Catfish Creek Pumping Station Generator Project ............... 347 324-10 Beer Permits August 16, 2010 ........................................................................................................ 348 325-10 Liquor Licenses August 16, 2010 ..................................................................................................... 349 326-10 Approving the First Amendment to the Lease Agreement between the City of Dubuque, Iowa and Dubuque Community Ice and Recreation Center, Inc .............................................................................. 349 327-10 Resolution of Intent to dispose of City-owned property, specifically, Lot 2 of Lot 86 in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 1699 Washington Street................................................................................................................................. 350 328-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Five Points Traffic Signal Reconstruction Project ....................... 350 329-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof ....................................................................................... 351 330-10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof ...................................................................................................... 352 Book 140 INDEX 547 331-10 Approving plans, specifications, form of contract and estimated cost for the North Cascade Road Reconstruction – Grading and Paving Project ......................................................................................... 353 332-10 Awarding public improvement contract for the North Cascade Road Reconstruction – Grading and Paving Project ....................................................................................................................................... 353 333-10 Approving a Development Agreement with 73 CHS Forwards, LLC for the property located at 299 Main Street .................................................................................................................................................... 355 334-10 Directing sale of Water Revenue Bonds, Series 2010D .................................................................... 356 335-10 Authorizing the filing of an application for State Financial Assistance on behalf of Sedgwick Claims Management Services, Inc. .................................................................................................................... 356 336-10 Awarding public improvement contract for the Lower Bee Branch Creek Reconstruction Project. .... 357 337-10 Establishing as confidential certain information concerning security procedures and emergency preparedness information ..................................................................................................................... 371 338-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Wilmac Properties ..................................................... 372 339-10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement .................................................................. 373 340-10 Authorizing and providing for the issuance of $5,700,000 Water Revenue Bonds, Series 2010D, and levying a tax to pay said bonds ............................................................................................................... 374 341-10 Approving the City of Dubuque Fiscal Year 2010 Street Finance Report ........................................... 377 342-10 Accepting a Correction Deed from Hwy 151 & 61 Development, LLC, to Lot 1 of Riverview Plaza, being a subdivision of Riverview Plaza, in the City of Dubuque, Iowa, according to the recorded plat thereof, and Lot 316, Lot 355 and Lot 2-354 of East Dubuque No. 2 in the City of Dubuque, Iowa ............................... 378 343-10 Beer Permits, September 7, 2010 ................................................................................................... 378 344-10 Liquor Licenses September 7, 2010 ................................................................................................ 379 345-10 Resolution of intent to vacate and dispose of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa .......................................................................................................... 379 346-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bunker Hill Irrigation Renovation Project .................................. 380 347-10 Setting a public hearing on the Fiscal Year 2011 Budget .................................................................. 380 348-10 Disposing of City-owned property, specifically, Lot 2 of Lot 86 in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 1699 Washington Street ... 381 349-10 Approving plans, specifications, form of contract, and estimated cost for the Five Points Traffic Signal Reconstruction Project. ......................................................................................................................... 382 350-10 Instituting proceedings to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes.......................................... 382 351-10 Approving the Petition and Waiver Agreement with CARADCO Building, LLLP ................................. 382 352-10 Approving the Petition and Waiver Agreement with Wilmac Property Company ............................. 383 353-10 Approving the Petition and Waiver Agreement with Mid American Holdings, LLC ............................ 383 354-10 Disposing of an interest in real property by Fourth Amendment to Lease between the City of Dubuque, Iowa and Dubuque County Historical Society .......................................................................... 384 355-10 Approving a sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical Society and a sub-sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical Society .................................................................................................................................................. 384 356-10 Approving the River Enhancement Community Attraction and Tourism Program Grant Agreement by and among the Vision Iowa Board, Dubuque County Historical Society and the City of Dubuque ............. 385 357-10 Awarding public improvement contract for the Sunset Ridge Reconstruction Project ...................... 385 358-10 Directing the acceptance of a proposal to pur-chase $2,850,000 General Obligation Capital Loan Notes ............................................................................................................................................................. 386 359-10 Approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $2,850,000 General Obligation Capital Loan Notes, Series 2010F, and levying a tax to pay the notes ... 386 360-10 Approving the final plat of Wingate Place #4 .................................................................................. 391 361-10 Accepting the Montrose Terrace Stairs Reconstruction Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 394 362-10 Accepting the McAleece Parking Lot Reconstruction Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 395 363-10 Accepting the Utility Relocation Project – 9th to 10th Street on Central Avenue and authorizing payment of the contract amount to the contractor ................................................................................ 395 548 Regular Session, December 20, 2010 Book 140 364-10 Accepting the White Water Creek Bridge Relocation Project – Phase I and authorizing payment of the contract amount to the contractor ......................................................................................................... 396 365-10 Accepting the White Water Creek Bridge Relocation Project – Phase II and authorizing payment of the contract amount to the contractor ......................................................................................................... 396 366-10 Approving the Consultant Professional Services – Supplemental Agreement No. 5 with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project ............. 397 367-10 Authorizing the filing of an application with the Iowa Department of Transportation for Safe Routes to School Infrastructure Grant Funding ...................................................................................................... 398 368-10 Rejecting all competitive bids received for the Five Points Traffic Signal Reconstruction Project ...... 398 369-10 Authorizing Smart Planning Grant Application ................................................................................ 398 370-10 Authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 48 U.S.C. Chapter 53, Title 23 United States Code and other federal statutes administered by the Federal Transit Administration ......................................................................................................... 399 371-10 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2009 and concluding June 30, 2010 ........................................................ 399 372-10 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds ..................................................................................................................... 400 373-10 Beer Permits September 20, 2010 .................................................................................................. 401 374-10 Liquor Licenses September 20, 2010 .............................................................................................. 401 375-10 Approving the plat of proposed vacated portion of Van Buren Street east of Isborn Avenue ............ 403 376-10 Vacating a portion of Van Buren Street east of Isborn Avenue ........................................................ 403 377-10 Disposing of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa ............................................................................................................................................................. 404 378-10 Approval of plans, specifications, form of contract, and estimated cost for the Bunker Hill Irrigation Renovation Project ................................................................................................................................ 404 379-10 Awarding contract for the Bunker Hill Irrigation Renovation Project ................................................ 405 380-10 Amending the Fiscal Year 2011 Budget ........................................................................................... 405 381-10 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes .............. 407 382-10 Accepting the Pennsylvania Avenue – IA 32 to Vizaleea Drive – Safety Improvements Project Phase II and authorizing payment of the contract amount to the contractor ........................................................ 409 383-10 Accepting the Chavenelle Road Concrete Pavement Repair Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 409 384-10 Accepting the Third Street Overpass Bridge Approach Repair Project and authorizing payment of the contract amount to the contractor ......................................................................................................... 410 385-10 Authorizing an application for funding from the Iowa Clean Air Attainment Program to create a bus route that serves the west end shopping centers ................................................................................... 411 386-10 Authorizing an application for continuation funding from the Job Access Reverse Commute Program for a bus route serving the Industrial Park and Industrial Park West ........................................................ 411 387-10 Authorizing the Mayor to execute an applica-tion for a HUD Lead Paint Hazard Control and Healthy Homes Program Grant ........................................................................................................................... 411 388-10 Re-Lighting the Fifth Street Ramp and Locust Street Ramp .............................................................. 412 389-10 Approving plat of survey of Lot 1 of 1 and Lot 2 of 1 in Dubuque Technology Park #3 in the City of Dubuque, Iowa ...................................................................................................................................... 412 390-10 Support of RECAT Program Application for funding for the Bee Branch Creek Restoration Project ... 413 391-10 Beer Permits October 4, 2010 ........................................................................................................ 413 392-10 Liquor Licenses October 4, 2010 ..................................................................................................... 414 393-10 Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of an Amended and Restated Development Agreement relating thereto with Conlon Johnson Development, LLC, and providing for the pub-lication of notice thereof ..... 414 394-10 Approving an agreement for the purchase of real estate in the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the Alamo site, from Warehouse Redevelopment, LLC ............ 416 395-10 Fixing date for a meeting on the proposition of the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for publication of notice thereof ............................................................................................................................................................. 419 396-10 Approving the Plat of Survey of Lott Addition in the City of Dubuque, Iowa ..................................... 420 397-10 Approving the Final Plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque ... 421 Book 140 INDEX 549 398-10 Accepting the Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project and authorizing payment of the contract amount to the con-tractor ........................................... 421 399-10 Authorizing the execution of a Grant Agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City’s receipt of $3,965,500 in State I-JOBS funding for the Lower Bee Branch Creek Restoration Project ...................................................................................................................... 422 400-10 Amending Resolution No. 387-04 Approving the Final Plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa ...................................................................................................................................... 422 401-10 Authorizing emergency repairs to the storm sewer at North Grandview Avenue and Rosedale Avenue ............................................................................................................................................................. 423 402-10 Adopting the final assessment schedule for the 2010 Public Right-of-Way Sidewalk Repair Assessment Project .................................................................................................................................................. 423 403-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof ........................................................................................................................... 424 404-10 Approving and authorizing a form of 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 $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes .................................................................................................................................................... 427 405-10 Cigarette Licenses October 18, 2010 .............................................................................................. 438 406-10 Beer Permits Octiber 18, 2010 ....................................................................................................... 438 407-10 Liquor Licenses October 18, 2010 ................................................................................................... 438 408-10 Resolution of intention to dispose of City-owned property, specifically, the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, County of Dubu-que, Iowa, according to the recorded plat thereof, 2015 Washington Street...................................................................................... 439 409-10 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa ............... 440 410-10 Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes ................................................................................................. 442 411-10 Authorizing and providing for the issuance of $337,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2010H (44 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 ....................................................... 442 412-10 Approving an Amended and Restated Development Agreement providing for the sale of Lot 2-1 of Dubuque Technology Park No. 3, in the City of Dubuque, Iowa, according to the recorded plat thereof to Conlon Johnson Development, LLC......................................................................................................... 449 413-10 Supporting the referendum on the continuation of gaming in Dubuque County, Iowa ..................... 449 414-10 Approving the Third Amendment to the 40 Main, LLC Development Agreement ............................. 450 415-10 Approving an award to Bonson Block, LLC and 44 Main, LLC from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District and recommend closeout of the second round of applications for the incentive program and authorizing the City Manager to solicit proposals for a third round of applications .......................................................... 450 416-10 Accepting the Trail Project at the Bergfeld Recreation Area and authorizing payment of the contract amount to the contractor ...................................................................................................................... 454 417-10 Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I and authorizing payment of the contract amount to the contractor ............................................ 455 418-10 Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and authorizing payment of the contract amount to the contractor ........................................... 455 419-10 Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase III and authorizing payment of the contract amount to the contractor .......................................... 456 420-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 1 – General Construction, authorizing payment of the contract amount to the contractor ......................................................................................................... 457 421-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 2 – Food Service, authorizing payment of the contract amount to the contractor ...................................................................................................................... 457 422-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 4 –Plumbing Systems, authorizing payment of the contract amount to the contractor ...................................................................................................................... 458 550 Regular Session, December 20, 2010 Book 140 423-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 5 –HVAC Systems, authorizing payment of the contract amount to the contractor ...................................................................................................................... 458 424-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 6 – Geothermal Well Systems, authorizing payment of the contract amount to the contractor ......................................................................................................... 459 425-10 Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 7 –Electrical System, authorizing payment of the contract amount to the contractor ...................................................................................................................... 459 426-10 Approving the Iowa Department of Transportation Federal Aid Funding Agreement for an Iowa Clean Air Attainment Program (ICAAP) Project (Agreement No. 6-10-STPA-26) for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project ................................................................................... 460 427-10 Accepting the 2009 Sewer CIPP Lining Project and authorizing payment of the contract amount to the contractor ............................................................................................................................................. 460 428-10 Accepting the Dubuque Regional Airport Jet Center Drive Resurfacing Project and authorizing payment of the contract amount to the contractor ................................................................................ 461 429-10 Approving the acquisition of real estate owned by Steven J. Smith and Gary L. Carner in the City of Dubuque ............................................................................................................................................... 461 430-10 Support of a CAT Marketing Program Grant Application for the Mines of Spain and City Bilingual Trail System .................................................................................................................................................. 462 431-10 Approving the Second Amendment to Loan Agreement between Dubuque Racing Association, Ltd. and American Trust and Savings Bank .................................................................................................... 463 432-10 Authorizing the Mayor to execute an application for a Healthy Homes Production Program Grant .. 463 433-10 Beer Permits November 1, 2010..................................................................................................... 464 434-10 Liquor Licenses November, 1, 2010 ................................................................................................ 464 435-10 Approving the sale of real estate, specifically, the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2015 Washington Street................................................................................................................................. 464 436-10 Authorizing the City Manager to solicit proposals for projects to encourage market-rate downtown rental and owner-occupied residential units in the Greater Downtown Urban Renewal District ............... 465 437-10 Accepting the Green Alley Project (15th – 16th between Washington and Elm Streets) and authorizing payment of the contract amount to the contractor ................................................................................ 469 438-10 Accepting improvements in Copper Field Subdivision ..................................................................... 469 439-10 Adopting the final Assessment schedule for the 2010 Sidewalk Assessment Project ........................ 470 440-10 Approving an amendment to the farm lease between the City of Dubuque, Iowa and William and Janet Siegert ......................................................................................................................................... 470 441-10 Adopting the schedule of special Assessment for a lien against the property and directing the City Clerk to certify the schedule of Assessment to the County Treasurer and to publish notice thereof ......... 471 442-10 Beer Permits November 15, 2010 ................................................................................................... 472 443-10 Liquor Licenses November 15, 2010 ............................................................................................... 472 444-10 Approving the final plat of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa ...................................................................................................................................................... 474 445-10 Resolution of support to the Iowa Department of Economic Development, on behalf of Caradco Building, LLLP, for submittal of an application for a RIO-CDBG Disaster Multi-Family Unit Production Round 3 Application ......................................................................................................................................... 475 446-10 Authorizing the purchase of a new transit fleet and adding Intelligent Transportation System Technologies (ITS). Seconded by Resnick. Transit Manager Barbara Morck responded to questions from City Council .................................................................................................................................................. 475 447-10 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 ........................................................... 477 448-10 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 ............................... 478 449-10 Accepting the 2010 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor ....................................................................................................................................... 479 450-10 Accepting the Locust Street Resurfacing Project – 9th to 17th Streets and authorizing payment of the contract amount to the contractor ......................................................................................................... 480 451-10 Accepting the Traffic Signal Mastarm Retrofit Project – Central Avenue at 5th and 7th Streets and authorizing payment of the contract amount to the contractor .............................................................. 480 Book 140 INDEX 551 452-10 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..................................... 481 453-10 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 ................... 481 454-10 Accepting the Iowa 32 Bike / Hike Trail – Phase 2 Project and authorizing payment of the contract amount to the contractor ...................................................................................................................... 482 455-10 Adopting the Washington Neighborhood Plan ................................................................................ 482 456-10 Adopting Supplements 2 and 3 to the Code of Ordinances of the City of Dubuque .......................... 483 457-10 Cigarette Licenses Decemeber 6, 2010 ........................................................................................... 483 458-10 Beer Permits December 6, 2010 ..................................................................................................... 483 459-10 Liquor Licenses December 6, 2010 ................................................................................................. 484 460-10 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 ................... 484 461-10 Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on the Resolution of Necessity .................................................................................................. 485 462-10 Authorizing the filing of an application for State Financial Assistance on behalf of Eagle Point Software ............................................................................................................................................................. 487 463-10 Accepting the Woodland Drive Storm Sewer Project and authorizing payment of the contract amount to the contractor ................................................................................................................................... 489 464-10 Accepting the Historic Shot Tower – Phase I Project and authorizing payment of the contract amount to the contractor ................................................................................................................................... 490 465-10 Approving the acquisition of real estate owned by Steven R. and Sue A. Boelk in the City of Dubuque ............................................................................................................................................................. 490 466-10 Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa ..................................... 491 467-10 Awarding Contract - Historic Millwork District Parking Lot Design ................................................... 491 468-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and 44 Main Street, LLC .................................................. 492 469-10 Beer Permits December 20, 2010 ................................................................................................... 494 470-10 Liquor Licenses December 20, 2010 ............................................................................................... 494 471-10 Approval of plans, specifications, form of contract, and estimated cost for the Historic Millwork District Complete Streets Project ........................................................................................................... 495 472-10 Approving schedule of assessments and estimate of total cost for the Historic Millwork District Complete Streets Project ....................................................................................................................... 495 473-10 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Historic Millwork District Complete Streets Project ............................................................................................. 496 474-10 Approving application for voluntary annexation of territory to the City of Dubuque ........................ 498 475-10 Authorizing Smart Planning Grant Agreement ................................................................................ 502 Resolutions of Support .................................................................................................................................. 449 Resurrection Catholic Church ................................................................................................................ 196, 197 Retired and Senior Volunteer Program (RSVP) ......................................................................................... 58, 163 Revocable Permits ........................................................................................................................................ 392 Reynonlds & Kenline Law Firm....................................................................................................................... 473 Rhomberg Avenue ........................................................................................................................................ 149 Richardson, James R. ..................................................................................................................................... 320 Ride the Rail Envision 2010 Rail Passenger Group .......................................................................................... 371 Riedel, Susan ........................................................................................................................................ 184, 200 RIO-CDBG Multi-Family Rental Unit Production.............................................................................................. 475 River City Paving ............................................................................................................................ 193, 194, 395 River’s Edge Plaza ............................................................................................................... See Port of Dubuque Riverfront Marina ............................................................................................................... See Port of Dubuque Rivers Center Project.........................................................See National Mississippi River Museum and Aquarium Riverview Center, The ................................................................................................................................... 105 RKM, LLC .............................................................................................................................................. 153, 348 Road Ranger ....................................................................................................................... 3, 4, 13, 30, 197, 251 Roberts, William ........................................................................................................................................... 142 Robey, Kerry ................................................................................................................................................. 191 Robinson, Elmer ..............................................................................................................................................60 Rock and Soul Reunion .................................................................................................................................. 251 Rockdale Road .............................................................................................................................................. 378 552 Regular Session, December 20, 2010 Book 140 Rollings, Brian ............................................................................................................................................... 369 Ron’s 5 Point Mart ................................................................................................................................ 153, 197 Ron’s Discount Smokes .................................................................................................................. 153, 197, 348 RonSan Enterprises ....................................................................................................................................... 153 Roosevelt Park ........................................................................................................................... 49, 67, 125, 410 Roosevelt Street ............................................................................................................................... 2, 108, 194 Root, Judy ...................................................................................................................................... 254, 302, 303 Rosedale Avenue .................................................................................................................................. 423, 463 Rosemont Street ........................................................................................................................................... 456 Rosewood Diner and Supper Club............................................................................................................ 85, 494 Roshek Building, The ...................................................................................................................... 135, 413, 462 Rotary Club of Dubuque ................................................................................... 117, 163, 196, 251, 348, 401, 472 Roth, David and Bambi .......................................................................................................................... 379, 403 Roussell, Laura .............................................................................................................................................. 420 Rubinstein, Marcos ............................................................................................................................... 486, 494 Rubloff Development Group, Inc. .................................................................................................................. 422 Ruden, Gary .................................................................................................................................................. 200 Ruden, Michael ......................................................................................................................................... 67, 87 Ruefe, Victoria R. .......................................................................................................................................... 134 Ruefer, Donald P. .......................................................................................................................................... 134 Rümmele, Wolfgang...................................................................................................................................... 393 Ryan, Darlene ....................................................................................................................................... 454, 469 Ryan, Josh ..................................................................................................................................................... 401 S Safe Community Advisory Committee............................................................................................................ 416 Membership ..................................................................................................................................... 486, 494 Safe Community Task Force......................... 36, 49, 60, 85, 108, 264, 318, 348, 357, 367, 368, 407, 416, 451, 501 Northern Illinois University Crime & Poverty Research Study ...................................................................... 176 Safe Routes to School Program .............................................................................................................. 397, 412 Safety Belts ........................................................................................................................................... 213, 214 Safety National ............................................................................................................................................. 243 Sahajanand Enterprise, Inc. (Paro Food Mart) ................................................................................................ 197 Sahajanand Enterprises, Inc. (Paro Food Mart ................................................................................................ 110 Sale of Property 1523 Elm Street (Jurisic) .................................................................................................................... 164, 185 1699 Washington Street (Krier) ............................................................................................................. 67, 96 1699 Washington Street (Summers) .................................................................................................. 350, 381 1925 Washington Street (Mootz) ....................................................................................................... 165, 186 2015 Washington Street (Chase)........................................................................................................ 439, 464 Salsa’s Mexican Restaurant .............................................................................................................................85 Salt Dome Conveyor Project ............................................................................................................................42 Sanchez, Cindy .............................................................................................................................................. 370 Santillo, Michael ........................................................................................................................................... 116 Sayler, Gwen ...................................................................................................................................................72 SB Development, LLC ............................................................................................................................ 176, 300 Scale Operator .............................................................................................................................................. 492 Schaal, Bruce ..................................................................................................................................................89 Schadl, Stephanie.................................................................................................................................. 242, 296 Scharnau, Ruth .............................................................................................................................. 254, 303, 348 Schedules of Assessments ............................................................................................................................. 478 2009 Sidewalk Assessment Program ............................................................................................................19 2010 Detention Basin Maintenance Project ............................................................................................... 244 2010 Public Right-of-Way Sidewalk Repair Assessment Project ................................................................... 424 2010 Sidewalk Assessment Program .......................................................................................................... 470 2010 Weed Enforcement Program ............................................................................................................. 296 stnd Central Avenue Water Main (21 – 32 Street) Project ............................................................... 226, 227, 256 Delinquent Vacant and Abandoned Building and Problem Property Charges .................................................10 Book 140 INDEX 553 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts ............................... 22, 123, 248, 424 Historic Millwork District Complete Streets Project ............................................................................ 485, 495 Snow Removal and Right-of-Way Obstruction Removal Assessments ......................................................... 118 Special Assessments (LeClere) ................................................................................................................... 471 Sunset Ridge ..................................................................................................................................... 234, 308 Schetgen, Susan ............................................................................................................................................ 394 Schilling, Jim ........................................................................................................................ 67, 86, 87, 491, 492 Schlichtmann Machine and Design ................................................................................................................ 370 Schlichtmann, Gary ....................................................................................................................................... 370 Schlueter, David .................................................................................................................................... 184, 200 Schmidt, Lu Ann ............................................................................................................................. 254, 303, 348 Schmitz, Dave ............................................................................................................................................... 394 Schneider, David ........................................................................................................................................... 420 Schneider, Sally ............................................................................................................................................. 473 Schollmeyer, Jerry ......................................................................................................................................... 231 School Resource Officer ................................................................................................................................ 421 Schreiber, Kristi ............................................................................................................................................. 477 Schroeder-Kleine Grocer Company Warehouse...................................................................................... 371, 415 Schumacher, Molly and Mike ........................................................................................................................ 134 Schute, Mr. and Mrs. Robert ......................................................................................................................... 134 Schwan’s Home Service, Inc. ..................................................................................................................... 41, 42 Schwendinger, John .............................................................................................................................. 231, 254 Schwendinger, OSF, Dorothy ................................................................................................................. 254, 303 Screaming Eagle Bar, The ........................................................................................................... 4, 163, 164, 494 Section 8 Program ........................................................................................ 57, 59, 189, 264, 319, 348, 377, 481 Secure Our Schools Grant .............................................................................................................................. 238 Sedgwick Claims Management, Inc. ........................................................................................ 356, 357, 393, 412 Seer, Phillip .....................................................................................................................................................55 Seippel Road .............................................................................................................................. 66, 95, 106, 158 Selchert Place ........................................................................................................................................... 45, 46 Selchert, Stephen J. and Judy L. .......................................................................................................................46 Selle, Bob ...................................................................................................................................................... 303 Serenity Ridge Subdivision ............................................................................................................................ 161 Seventeenth Street ....................................................................................................................................... 479 Seventh Street ...................................................................................................................................... 144, 480 Seventy Three CHS Forwards, LLC ................................................................................................... 301, 323, 355 Sewer Cured-in-Place (CIPP) Pipe Lining Project 2009..................................................................................... 460 Sewer Revenue Capital Loan Notes ................................................................... 253, 305, 312, 313, 314, 352, 407 Shafer, Geri......................................................................................................................................38, 370, 394 Shannon’s Bar and Grill ................................................................................................................................. 251 Sharrad, Pamela ............................................................................................................................................ 483 Shelter + Care Program ................................................................................................................................. 462 Shenanigan’s Pub .......................................................................................................................................... 153 Sheppley, Ed ................................................................................................................................................. 142 Sheriff’s Deeds ........................................................................................................................... 83, 84, 247, 248 Shinkle, Pastor Tom ...................................................................................................................................... 190 Shot Tower Inn ..................................................................................................................................... 163, 164 Shot Tower, The Historic ....................................................................................................................... 312, 356 Shumaker, Coralita................................................................................................................................ 142, 160 Sid’s Beverage........................................................................................................................ 197, 348, 349, 372 Sidewalk Assessment Program 2009 ................................................................................................................19 Sidewalk Assessment Project 2010 ................................................................................................................ 469 Siegert, William and Janet ....................................................................................................................... 46, 470 Signed Contracts Environmental Testing Services ................................................................................................................. 163 Bee Branch Creek Restoration Project Asbestos Inspections ....................................................................... 110 Bergfeld Trail Phase 2 Project .................................................................................................................... 348 Miller Riverview Park Expansion Project........................................................................................................ 4 Northern Illinois University – Crime/Poverty Research Study ...................................................................... 176 554 Regular Session, December 20, 2010 Book 140 Port of Dubuque Ramp Repair Approval..................................................................................................... 110 Riverfront Leases – Environmental Testing Services ................................................................................... 163 Storm Sewer Improvements – South Main and Jones ................................................................................. 127 The Ferguson Group for Energy Efficiency and Conservation Block Grant (EECBG) Strategic / Grant Writing Services ...................................................................................................................................................13 Sinha, Aditi ........................................................................................................................................... 402, 415 Sister City Committee ................................................................................................................................... 393 Sister City Relationships Advisory Commission ............................................................................................... 466 Sisters of Charity ................................................................................................................................... 394, 471 Sisters of St. Francis Place ................................................................................................................................ 2 Sixteenth Street ..................................................................................................................... 180, 209, 239, 469 Sixteenth Street Auto/Truck Plaza ............................................................................................ 49, 110, 126, 197 Smart Planning ............................................................................................................................................. 502 Smart Planning Local Comprehensive Planning ...................................................................................... 398, 502 Smarter City Partnership ..................................................................................................368, 418, 487, See IBM Smarter Sustainable Dubuque .................................................................. 140, 168, 189, 251, 369, 452, 453, 487 Smarter Water Meter Project ................................................................................................................ 369, 500 SMG (Five Flags Center) ........................................................................................................................ 152, 196 Smith, Robert........................................................................................................................................ 170, 191 Smith, Ron .................................................................................................................................................... 275 Smith, Steven J...................................................................................................................................... 150, 461 Snow Removal and Right-of-Way Obstruction Removal.................................................................................. 117 Snow Route Addition ......................................................................................................................................69 Social Host Ordinance ................................................................................................................................... 400 Solberg, David A. ................................................................................................................................... 142, 371 Solid Waste Collection Fees ........................................................................................................................... 211 Solon Langworthy House ....................................................................................................................... 413, 414 Sorenson, Pastor John ................................................................................................................................... 370 South Grandview Avenue .............................................................................................................................. 378 South Main Street ......................................................................................................................................... 127 South Siegert Farm ....................................................................................................................................... 470 Southwest Arterial ........................................................................................... 139, 302, 321, 353, 368, 397, 475 Specht, Tim (Double Shot Bar) ....................................................................................................................... 484 Special Sessions 44 Main, LLC Development Agreement ...................................................................................................... 419 Advanced Metering Infrastructure Project ................................................................................................. 115 Airport Passenger Terminal ....................................................................................................................... 116 Closed Session ................................................................................................................... 217, 408, 476, 488 Convention and Visitors Bureau ...................................................................................................................41 FY 2011 Departmental Budget Hearings ..................................................................... 38, 39, 40, 57, 58, 71, 72 Greenhouse Gas Inventory ........................................................................................................................ 452 Historic Millwork District ........................................................................................................................... 190 Historic Shot Tower Conservation Easement .............................................................................................. 312 Leadership and Strategic Planning Workshop ..................................................................................... 367, 368 Liquor License Renewal for Knicker’s Saloon .............................................................................................. 140 Safe Community Task Force ....................................................................................................................... 318 Smarter Sustainable Dubuque, Smart Water Meter Project ........................................................................ 369 Water Pollution Control Plant .................................................................................................................... 503 Specific and Aggregate Stop Loss Renewal ..................................................................................................... 191 Spicer, Reverend Lynn ................................................................................................................................... 408 Spiegelhalter, Jerry A. ................................................................................................................................... 149 Spiegelhalter, Melvin (The Clubhouse) .............................................................................................................25 Spirit's Bar .................................................................................................................................................... 153 Splinter, John ................................................................................................................................................ 222 Splittstoesser, Stacy .............................................................................................................................. 402, 415 St. Joseph’s Church Key West ........................................................................................................................ 162 St. Mark’s Community Center ................................................................................................................ 163, 170 Stabilization Program ......................................................................................................................................96 Stanley, Roya ................................................................................................................................................ 106 Book 140 INDEX 555 Star Restaurant & Lounge.............................................................................................................................. 349 Stark, Daniel ................................................................................................................................................. 469 State Farm Insurance ..................................................................................................................... 105, 106, 142 State Historic Preservation Office .................................................................................................................. 109 State Historical Society of Iowa ...................................................................................................... 135, 142, 371 State National Register Nominations Review Commission .............................................................................. 371 State of Iowa Direct Financial Assistance Program ...........................................................................................98 State of Iowa Legislative Priorities ................................................................................................................. 487 State of the City Address ............................................................................................................................... 105 Steckel, Carol ..................................................................................................................................................89 Steffen, Charles (Tony's Place) .........................................................................................................................49 Steil, Elaine and Vern ......................................................................................................................................55 Stein, Neal...................................................................................................................................................... 134 Steiner, Jim ............................................................................................................................................. 87, 201 Steinhauser, Robert ........................................................................................................................................82 Stephenson, George.................................................................................................................... See G.M.S., Inc. Steppan, William ........................................................................................................................................... 348 Sterling Codifiers, Inc. ................................................................................................................................... 483 Stevens, Kevin....................................................................................................................................... 185, 200 Stiles, Jeff ................................................................................................................................ 15, 185, 200, 473 Stillings, Doug ................................................................................................................................ 264, 486, 495 Stipulations of Settlement ................................................................................................................. 24, 47, 106 Stoffel, Kevin J. (Screaming Eagle Bar)................................................................................................ 4, 164, 494 Stone Cliff Winery ................................................................................................................................. 153, 154 Stork, Susan .......................................................................................................................................... 486, 495 Storm Water Utility Revenue Capital Loan Notes ........................................................................................... 427 Storybook Hill Children’s Zoo......................................................................................................................... 125 Stovall, M. Thomas............................................................................................................... 6, 58, 298, 420, 488 Strand Associates ..................................................................................................................... 69, 168, 463, 494 Streef, Chad (Whisky River) ........................................................................................................................... 110 Street Financing Report ................................................................................................................................. 377 Suarez, Joseph .............................................................................................................................................. 371 Substance Abuse Services Center ........................................................................................17, 58, 160, 163, 242 Sullivan, Mark ................................................................................................................................ 440, 473, 486 Sullivan, Marna ............................................................................................................................................. 473 Sumek, Lyle........................................................................................................................................... 367, 368 Summers, KC James .............................................................................................................................. 350, 381 Sunnycrest Manor ................................................................................................................................. 162, 454 Sunset Ridge ..................................................................................................................... 97, 233, 255, 308, 385 Sustainability at Work ................................................................................................................................... 476 Sustainability Innovation Consortium ............................................................................................................ 476 Sustainability Task Force .................................................................................................................................55 Sustainable Cities Institute ............................................................................................................................ 194 Sustainable Cities Network ............................................................................................................................ 476 Sustainable Dubuque ............................................................................................................................ 421, 472 Sustainable Dubuque AMI Pilot Project.................................................................................................. 115, 141 Sustainable Neighborhood Builders, Inc ................................................................................................. 143, 188 Sutton, Lynn ............................................................................................................................ 60, 264, 486, 495 Swearings In ....................................................................................................................................... 1, 30, 370 Sylvan Drive .................................................................................................................................................. 134 T T & M, Inc. (Mario’s Italian Restaurant) ...........................................................................................................13 Table Mound Elementary School ................................................................................................................... 143 Taiko Japanese Restaurant ...................................................................................................................... 13, 126 Target Stores ........................................................................................................................................ 438, 439 Tax Credit Advisor Magazine ......................................................................................................................... 462 Tax Increment Financing (TIF) ...........................................................................................................77, 358, 492 556 Regular Session, December 20, 2010 Book 140 Tax Increment Revenue............................................................................................... 76, 77, 178, 301, 302, 414 Tax Increment Revenue Notes ............................................................................................................... 419, 441 Teamsters Local No. 120 .................................................................................................................................85 Ted Stackis Construction ....................................................................................................................... 187, 188 Ten Pin Tap ................................................................................................................................................... 110 Tenth and Central Parking Ramp and Fire Headquarters Expansion Project 111, 134, 151, 169, 181, 210, 238, 493 Tenth Street............................................................................................................................... 68, 98, 395, 493 Terminal Street ............................................................................................................................................. 195 Terrill, Mike .................................................................................................................................................. 142 Text Amendments to the City Code of Ordinances ................................................16, 29, 354, 355, 402, 473, 499 TFM Company................................................................................................................................ 110, 197, 484 Theresa Shelter ............................................................................................................................................. 163 Thiltgen, Justin .............................................................................................................................................. 300 Third Street ................................................................................................................................... 194, 220, 410 Thirtle, OSF, Carolyn........................................................................................................................................55 Thirty Second Street....................................................................................................................... 241, 255, 301 Thirty Two Seventy Dodge St., Inc. ................................................................................................................. 222 Thomas Place ..................................................................................................................................................11 Thomas, Diane ................................................................................................................................................58 Thomas, John W. .......................................................................................................................................... 6, 7 Thompson, Jack ........................................................................................................................................ 49, 65 Three Diamond Development........................................................................................................................ 134 Three-D Modeling Software .......................................................................................................................... 483 Through Streets, Stop/Yield Intersections ...................................................................................................... 500 Thurlow, Kathy Flynn .................................................................................................................................... 473 TIGER Grant ................................................................................................................................... 372, 373, 413 Timber-Hyrst Subdivision .............................................................................................................................. 440 Timmy Award ............................................................................................................................................... 462 Tobacco Compliance .................................................................................................................. 3, 126, 372, 493 Tobacco Outlet Plus ....................................................................................................................... 110, 153, 197 Tobacco Use Prevention and Control Community Partnership ..........................................................................85 Tom Koch, Inc. (Paul's Tavern) ....................................................................................................................... 196 Tony’s Place ....................................................................................................................................................49 Top Grade Excavating, Inc. ................................................................................................................ 60, 98, 395 Tott’s Tap ..................................................................................................................................................... 153 Town Clock Inn, The .................................................................................................................................. 24, 25 Traffic Signal Mastarm Retrofit Project .......................................................................................................... 480 Tranel, Mark and Kim .................................................................................................................................... 420 Transit Advisory Board Membership ............................................................................................................... 254, 303, 348, 381, 402 Minutes Submitted ..................................................................................................... 105, 190, 218, 320, 394 Transit Board of Trustees ........................................................................................... See Transit Advisory Board Transit Division .................................................................................................... 57, 58, 63, See KeyLine Transit Transit Investment for Greenhouse Gas and Energy Reduction (TIGGER) ........................................................ 438 TransPaC Solutions........................................................................................................................................ 477 Trash and Ash Cans on Public Right-of-Way ................................................................................................... 310 Treanor, Stacy ............................................................................................................................................... 370 Tri-State Blind Society ........................................................................................................................... 348, 349 Tri-State Modelers ........................................................................................................................................ 125 Tri-State Property ...............................................................................................................8, 118, 119, 170, 427 Tri-State Trail Vision ...................................................................................................................................... 372 Tschiggfrie Excavating Company, Inc. ..................................................................... 6, 18, 170, 187, 357, 410, 479 Tuecke, Karen ............................................................................................................................................... 170 Twelfth Street .................................................................................................................................................66 Twenty First Street ................................................................................................................................ 255, 301 Twenty-Eight E (28E) Agreements ............................................................................................... 2, 191, 240, 322 Twin Valley Road................................................................................................................................... 397, 460 Twining, Connie .................................................................................................................................... 486, 494 Twist HDM/Limelight .................................................................................................................................... 412 Book 140 INDEX 557 U U.S. Army Corps of Engineers ........................................................................................................................ 109 U.S. Army War College National Security Seminar .......................................................................................... 125 U.S. Census Bureau ....................................................................................................................................... 470 U.S. Conference of Mayors ............................................................................................................................ 472 U.S. Department of Homeland Security ......................................................................................................... 424 U.S. Department of Housing and Urban Development (HUD) .............................. 86, 242, 371, 399, 400, 411, 463 U.S. Department of Labor .............................................................................................................................. 492 U.S. Department of the Interior ..................................................................................................................... 493 U.S. Department of Transportation................................................................................................................ 373 U.S. Economic Development Administration .................................................................................................. 172 U.S. Environmental Protection Agency’s (EPA) .................................................................................................63 U.S. Hwy 151 / 61 ................................................................................................................................. 397, 460 U.S. Hwy 151 / 61 South ................................................................................................................................ 297 U.S. Hwy 20 ........................................................................................................................... 145, 179, 210, 497 U.S. Hwy 52 .................................................................................................................... 230, 263, 298, 420, 460 Uhlrich, Sr. Dolores ....................................................................................................................................... 370 Underground Storage Tank ........................................................................................................................... 128 Unified Development Code ............................................................................................................... 29, 73, 368 United Nations International Day of Peace .................................................................................................... 347 University of Dubuque .............................................................................................. 87, 116, 200, 201, 303, 348 Library Board of Trustees ................................................................................................................................83 Upmann, Maryann ........................................................................................................................................ 106 Upper Bee Branch Creek Restoration Project ................................................................................................. 493 Upper Main Historic District .......................................................................................................................... 371 Urban Conservation Program and Watershed Management Plan ................................................................... 392 Urban Deer Management Program ................................................................................................................ 142 Urban Forest Evaluation ..................................................................................................................................63 Urban Renewal Tax Increment Revenue Bonds ...................................................................................... 419, 441 Urban Revitalization Program ..........................................................................................................................47 Urban Strategies ..................................................................................................................................... 49, 264 US Bank ............................................................................................................................................ 9, 106, 386 Utility Relocation Project .............................................................................................................. 50, 68, 98, 395 V Vaassen, Anne Callan .................................................................................................................................... 303 Vacant and Abandoned Buildings .................................................................................................................. 174 Vacating Petition........................................................................................................................ 66, 95, 235, 303 Van Buren Street................................................................................................................................... 379, 403 VantageTrust (ICMA-RC)........................................................................................................................ 106, 107 Various Arboretum, LLC ................................................................................................................................ 171 Veenstra & Kimm, Inc. ................................................................................................................................... 110 Vehicle Purchases ......................................................................................................................................... 238 Velez, Tara .............................................................................................................................................. 40, 487 Veterans’ Memorial Park ........................................................................................................................... 3, 466 Veterans’ Memorial Plaza...................................................................................................................... 175, 325 Victory Café .......................................................................................................................................... 178, 204 Vinny Vanucchis Little Italy ............................................................................................................................ 378 Vision Iowa ........................................................................................................ 48, 367, 384, 385, 413, 462, 493 Vision Iowa Board ............................................................................................................................48, 367, 385 Visiting Nurses Association ...................................................................................................................... 82, 372 VISTA ................................................................................................................................ See AmeriCorps VISTA Visu-Sewer Clean & Seal ................................................................................................................................ 460 Vizaleea Drive ............................................................................................................................................... 409 Vogel, Randy ................................................................................................................................................. 116 Voices Building.............................................................................................................................................. 372 Voluntary Dental Plan ................................................................................................................................... 454 558 Regular Session, December 20, 2010 Book 140 Vorwald, Richard.............................................................................................................................................72 Voss, Rebecca ............................................................................................................................................... 477 W W.C. Stewart Construction, Inc. ..................................................................................................................... 109 Wagner, Amy ........................................................................................................................................ 402, 415 Wainwright, Keisha ....................................................................................................................................... 414 Walgreens ...................................................................................................................... 126, 153, 163, 164, 197 Walker’s Shoe Store .........................................................................................................................97, 371, 415 Wal-Mart Stores, Inc. ................................................................................................................. 3, 197, 378, 379 Walnut Tap ........................................................................................................................................... 197, 251 Walsh, Chad .................................................................................................................................................. 143 Walsh, John .......................................................................................................................................... 415, 439 Walter, Gayle ................................................................................................................................................ 296 Warehouse Redevelopment, LLC ........................................................................................................... 192, 416 Warranty Deeds .......................................................................... 96, 108, 170, 185, 186, 194, 300, 378, 381, 465 Waseem, Bashra ........................................................................................................................................... 222 Washington Middle School ............................................................................................................................ 143 Washington Neighborhood ...................................................................................................... 97, 400, 476, 482 Washington Neighborhood Conservation District........................................................................................... 500 Washington Neighborhood Corporation ..........................................................................................................60 Washington Neighborhood Inspection Initiative ............................................................................................ 382 Washington Neighborhood Tool Library .................................................................................................. 58, 163 Washington Row Houses Project ............................................................................................ 107, 158, 198, 232 Washington Street ................................................................................................................................ 158, 186 Acceptance of Sheriff’s Deeds.................................................................................................................... 247 Easement Agreement for Row Houses Project ................................................................................... 198, 232 Final Plat for City Center Place No. 2 .......................................................................................................... 192 Final Plat for City Center Place No. 3 .......................................................................................................... 192 Green Alley Project ............................................................................................................ 180, 209, 239, 469 I-Jobs Affordable Housing Program ............................................................................................................ 107 Natonal Register for Historic Places ........................................................................................................... 415 Purchase of Property ......................................................................................................................... 150, 490 Sale of Property ...............................................................................................67, 96, 165, 350, 381, 439, 464 State Historical Society .............................................................................................................................. 371 Water Accountability Engineering ................................................................................................................. 369 Water and Sewer Billing Units .........................................................................................................................34 Water Department...........................................................................................................................39, 191, 455 Water Fluoridation Quality Award ................................................................................................................. 377 Water Meter Replacement Project .................................................................................................... 34, 48, 369 Water Meter Wireless Network .............................................................................................. 128, 143, 162, 471 Water Pollution Control Plant FY 2011 Budget ...........................................................................................................................................39 IOSAH Special Session ............................................................................................................................... 503 Mercury Spill ............................................................................................................................................. 490 Modifications Project ...................................................................... 69, 112, 134, 168, 170, 212, 252, 463, 483 Operator Position ...................................................................................................................................... 218 Water Quality Monitoring ............................................................................................................................. 240 Water Revenue Bonds ............................................................................................... 31, 223, 262, 299, 356, 373 Water Revenue Capital Loan Notes .......................................................................................... 14, 29, 30, 31, 32 Wedig Place ....................................................................................................................................................48 Weed Enforcement Program ................................................................................................................. 296, 478 Weekly, Rachel ............................................................................................................................................. 493 Wehrspann, Joan E................................................................................................................................ 413, 472 Weiner, Craig J. (Walnut Tap) ................................................................................................................ 197, 251 Wells Fargo Bank, National Association .................................................................................. 326, 333, 339, 373 Welp, Susan .................................................................................................................................................. 191 Welu, Tom ......................................................................................................................................................59 Book 140 INDEX 559 Welu, Tom and Cinda ......................................................................................................................................72 Werner, Cheryl ...............................................................................................................................................82 West Dubuque Tap ............................................................................................................................... 127, 128 West End Fire Station .................................................................................................................................... 368 West End Tripper Express Route .................................................................................................................... 237 West Street................................................................................................................................................... 201 Westbrook Subdivision................................................................................................................... 106, 120, 121 Westwood Heights No. 2 ............................................................................................................................... 421 Whalen, Dr. John .................................................................................................................................. 302, 353 Whiskey River Bar ......................................................................................................................................... 110 White Street ...................................................................................................................................................66 White, Daniel .................................................................................................................. 175, 218, 219, 491, 492 White, Ted and Rose ..................................................................................................................................... 241 Wilberding, Katrina ............................................................................................................................17, 242, 469 Wild Rose Estates.......................................................................................................................................... 168 Wild Rose Place ............................................................................................................................................ 491 Williams, Randy ............................................................................................................................................ 106 Williams, Vincent ............................................................................................................................................72 Willis, Mark and Sandra................................................................................................................................. 477 Wilmac Properties ................................................................................................................................ 372, 373 Windsor Avenue .............................................................................................................................................70 Wingate Place No. 3 ...................................................................................................................................... 156 Wingate Place No. 4 ...................................................................................................................................... 391 Winterwood, Charles ............................................................................................................................ 184, 200 Wirtz, Randy ...................................................................................................................................................69 Wolf, Christy ...................................................................................................................................................82 Wolf, Judy ..................................................................................................................................................... 296 Wollmuth, Greg ............................................................................................................................................ 473 Wong, Michael.............................................................................................................................................. 370 Woodland Drive ............................................................................................................................................ 489 Woodman, Myra K. (Aragon Tap) .................................................................................................................. 197 Woods, Ricardo.............................................................................................................................. 381, 402, 493 Woodward, Mona ......................................................................................................................................... 231 Woodward, Tom ........................................................................................................................................... 476 Woodyard, Julie ............................................................................................................................. 439, 464, 465 Worcester. Rick (The Lift) ...................................................................................................................... 153, 164 Work Sessions............................................................................................................................................... 115 Airport Passenger Terminal ....................................................................................................................... 116 Dubuque Regional Airport Passenger Terminal .......................................................................................... 105 Greenhouse Gas Inventory ........................................................................................................................ 452 Historic Millwork District ........................................................................................................................... 190 Safe Community Task Force ....................................................................................................................... 318 Smarter Sustainable Dubuque & Smart Meter Project ................................................................................ 369 Workers’ Compensation ............................................................................................ 18, 196, 222, 243, 454, 478 Wullweber, Brian .................................................................................................................................... 83, 105 Y Yahoo! Real Estate ........................................................................................................................................ 463 Yaklin, Vaughan C.......................................................................................................................................... 195 Yardarm, Inc., The ...........................................................................................................................................66 Yen Ching Restaurant ............................................................................................................................ 472, 473 Yiannias Place ................................................................................................................................... 44, 45, 254 Young, Aaron ........................................................................................................................................ 142, 160 Yunk, Robert ......................................................................................................................................... 184, 200 560 Regular Session, December 20, 2010 Book 140 Z Zelinskas, Tony.............................................................................................................................................. 372 Zoning Advisory Commission 1907 and 1911 Johnson Street ................................................................................................................... 203 2639 University Avenue (Lots 46 through 50 of the Lenox Addition along Beverly Avenue) ...........................89 380 East 21st Street (Mihalakis) ................................................................................................................. 353 40, 42, 44 and 48 Main Street (Freeberry) .................................................................................................. 441 418-420 Emmett Street ...............................................................................................................................48 525 Garfield Avenue .................................................................................................................................. 203 5304 Pennsylvania Avenue (Bedrock Development, McFadden) ................................................................. 402 637 Arlington Street (Schneider) ................................................................................................................ 420 6900 / 7005 / 7010 Asbury Road ................................................................................................................ 167 6900, 6950, 7000 Pennsylvania Avenue ..................................................................................................... 499 75 John F. Kennedy Road ........................................................................................................................... 254 921, 924 Lincoln Avenue (Manternach) ........................................................................................................88 American Red Cross .................................................................................................................................. 473 Center City Place No. 2 .............................................................................................................................. 192 Center City Place No. 3 .............................................................................................................................. 192 Center City Place No. 4 .............................................................................................................................. 192 Center City Place No. 5 .............................................................................................................................. 193 Copperhead Place No. 2 ............................................................................................................................ 121 Creek Wood Drive (Knepper) ..................................................................................................................... 440 Creek Wood Drive (McCoy) ....................................................................................................................... 323 DMASWA Annexation (Landfill) ................................................................................................................. 497 Emerald Acres No. 6 .................................................................................................................................. 247 Felderman Subdivision ........................................................................................................................ 54, 171 Historic Millwork District ....................................................................................................................... 52, 89 Holiday Inn Dubuque/Galena Hotel Signage .................................................................................................29 Inland Molasses Place No. 2 ...................................................................................................................... 191 International Residential Code ................................................................................................................... 275 Langworthy Neighborhood District ..............................................................................................................15 Larkspur Addition ...................................................................................................................................... 322 Membership ..................................................................................................................................... 185, 200 Minutes Submitted ............................................................... 6, 41, 82, 117, 190, 242, 320, 394, 420, 468, 489 Old Highway Road ..................................................................................................................................... 202 Orchard Park Subdivision........................................................................................................................... 134 Pinchuck-Herrig Place ..................................................................................................................................11 Radford Court ................................................................................................................................... 440, 473 Southeast Corner of Pearl and Gilliam Streets ............................................................................................ 120 Text Amendments ................................................................................................. 16, 354, 355, 403, 474, 499 University of Dubuque......................................................................................................................... 87, 201 Westbrook Subdivision .............................................................................................................................. 120 Westwood Heights No. 2 ........................................................................................................................... 421 Wild Rose Estates ...................................................................................................................................... 168 Wild Rose Place ......................................................................................................................................... 491 Zoning Board of Adjustment Membership ................................................................................................................................. 67, 87, 190 Minutes Submitted ............................................................... 6, 41, 82, 117, 160, 242, 320, 394, 420, 468, 489 Zwack, Joseph ....................................................................................................................................... 156, 416