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9 19 11 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 19, 2011 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Sutton, Council Members Braig, Connors, Jones, Lynch, Resnick, Acting City Manager Peck, City Attorney Lindahl Absent: Mayor Buol, City Manager Van Milligen Mayor Pro -Tem Sutton read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. Pledge of Allegiance Invocation was provided by Reverend Eugene Kutsch. PROCLAMATION Crop Walk Day (October 2, 2011) was accepted by Dorothy Krayer, 1205 Park Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated with exception to #11 (Request to Rezone 340 Olympic Heights). Seconded by Jones. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 7/26; Cable Community Teleprogramming Commission of 7/5; City Council proceedings of 9/6 and 9/12; Civil Service Commission of 9/5 and 9/6; Housing Trust Fund Committee of 8/19 and 9/23/10; Human Rights Commission of 7/25; Park and Recreation Advisory Commission of 8/9; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25 Library Board of Trustees Update from Meeting of August 25, 2011 Proofs of Publication for City Council Proceedings of August 24 and 24, 2011 Upon motion the documents were received and filed. Notice of Claims /Suits: Curt and LuAnn Callahan for property damage; Lorraine Lattner for property damage; Sarah Ryan for property damage; Peter Sweeney for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nichole Bauer for vehicle damager; Curt Callahan for property damage; Lorraine Lattner for property damage; Sarah Ryan for property damage; Charles Sulcer for vehicle damage; Peter Sweeney for personal injury; Katy Wethal for property damage; Kim Yoko for personal injury. Upon motion the documents were received, filed and concurred. 2011 Justice Assistant Grant (JAG): City Manager recommending approval to accept the 2011 Justice Assistance Grant (JAG) award in the amount of $57,858 from the Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions. Upon motion the documents were received, filed, and approved. Fiscal Year 2011 City Street Financing Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2011 City Street Financing Report. Upon motion the documents were received and filed and Resolution No. 313 -11 Approving the City of Dubuque Fiscal Year 2011 City Street Financing Report was adopted. RESOLUTION NO. 313 -11 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2011 CITY STREET FINANCING REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2010, to June 30, 2011, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 19th day of September, 2011 Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Manson Road Bridge and Watermain Emergency Repair: City Manager recommending emergency repairs to the Manson Road bridge and watermain and to retain IIW Engineers & Surveyors, PC to provide engineering consultant services. Upon motion the documents were received and filed and Resolution No. 314 -11 Authorizing emergency repairs to the bridge and watermain on Manson Road and to retain the services of IIW Engineers & Surveyors, PC to provide engineering consultant services was adopted. RESOLUTION NO. 314 -11 AUTHORIZING EMERGENCY REPAIRS TO THE BRIDGE AND WATERMAIN ON MANSON ROAD AND TO RETAIN THE SERVICES OF IIW ENGINEERS & SURVEYORS, PC TO PROVIDE ENGINEERING CONSULTANT SERVICES Whereas, the Manson Road bridge and watermain are need of repair due to the July 27 -28, 2011 severe storm event; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public improvement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, the City Council finds that the damaged condition of the watermain and bridge along Manson Road constitutes an emergency and that an emergency repair is in the best interest of public welfare and safety and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from IIW Engineers & Surveyors, PC, a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifying that emergency repairs to the bridge and watermain are necessary. 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council finds that it is necessary to institute emergency proceedings to repair the bridge and watermain along Manson Road. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Section 3. The City Council approves that IIW Engineers & Surveyors, PC be retained to provide the consultant engineering services for Manson Road Bridge and Watermain Repairs Emergency Repair Project. Passed, adopted and approved this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Consent Decree Semiannual Report: City Manager submitting the Environmental Protection Agency (EPA) Consent Decree, September 30, 2011 semiannual report. Upon motion the documents were received and filed. Bishop Block Subordination: City Manager recommending approval of the subordination of the City's mortgage on the Bishop's Block Building at the request of Mercy Housing, Inc., in order to refinance existing indebtedness on the property. Upon motion the documents were received, filed, and approved. Fiscal Year 2011 Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the submission to U.S Department of Housing and Urban Development of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2010 through June 30, 2011. Upon motion the documents were received and filed and Resolution No. 315 -11 Authorizing the submission of a Consolidated Performance and Evaluation Report (CAPER) for the period commencing July 1, 2010 and concluding June 30, 2011 was adopted. RESOLUTION NO. 315 -11 AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2010 AND CONCLUDING JUNE 30, 2011. Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the City of Dubuque, Iowa was awarded Community Development Block Grant Recovery (CDBG -R) funds and Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds in FY 2009; and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2010 and concluding June 30, 2011; 2) published notice of availability of the CAPER in the Telegraph Herald and City of Dubuque website on August 19,2011; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and Community Development Department and City of Dubuque website; 4) held a public hearing 3 pursuant to published notice before the Community Development Advisory Commission on September 7, 2011; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2010 and concluding June 30, 2011 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin Firnstahl, City Clerk PEG Capital Grant Expenditure Requests: City Manager recommending approval of a request from the City of Dubuque for up to $37,500 for two 60- terabyte servers to provide storage and back up of the media files generated by the Cable TV Division and from Mediacom for up to $23,500 to replace and upgrade the equipment in the public access studio. Upon motion the documents were received, filed, and approved. Final Plat — Pine View Subdivision: Zoning Advisory Commission recommending approval of the Final Plat for Pine View Subdivision (12724 Pine View Drive) as requested by John Sibley. Upon motion the documents were received and filed and Resolution No. 316 -11 Approving the Final Plat of Pine View Subdivision in Dubuque County, Iowa, was adopted. RESOLUTION NO.316 -11 APPROVING THE FINAL PLAT OF PINE VIEW SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk the Final Plat of Pine View Subdivision in Dubuque County, Iowa; and Whereas, said Final Plat provides 40 feet of frontage for Lot 2 on a public or private street, where 50 feet is required by Section 11 -14 of Title 16 of the Dubuque County Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE DUBUQUE COUNTY, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 40 feet of frontage on a public or private street for Lot 2. 4 Section 2. That the Final Plat of Pine View Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 19th day of September 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Plat of Survey — Olympic Heights: Zoning Advisory Commission recommending approval of the Plat of Survey of Gillespie's Third Addition (340 Olympic Heights) as submitted by Allen Weber. Upon motion this item was removed from the agenda. Plat of Survey — Asbury Plaza No. 16: Zoning Advisory Commission recommending approval of the Plat of Survey for Asbury Plaza No. 16 (Asbury Drive) as submitted by Dave Schneider. Upon motion the documents were received and filed and Resolution No. 317 -11 Approving the Plat of Survey for Asbury Plaza No. 16 in City of Dubuque, Iowa, was adopted. RESOLUTION NO. 317 -11 APPROVING THE PLAT OF SURVEY ASBURY PLAZA NO. 16 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Asbury Plaza No. 16 in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or approved private street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 2. Section 2. That the Plat of Survey Asbury Plaza No. 16 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 19th day of September 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Setting Fees for Memorial Benches in Various City Areas: City Manager recommending approval to set the cost of sponsorship of a bench at $2,000 for community parks and high service /impact areas such as the Bee Branch and Historic Millwork District, and $1,600 for mini and neighborhood parks and trails. Upon motion the documents were received, filed, and approved. Collective Bargaining — International Union of Operating Engineers Local No. 234 Amendment to Agreement: City Manager recommending approval of the annual amendment for full -time Public Safety Dispatchers to have a schedule of ten hours per day and four days 5 per week effective October 1, 2011 through September 30, 2012. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Lead Public Safety Dispatcher, Mechanic, Sanitation Driver, and Police Officer. Upon motion the documents were received, filed and made a Matter of Record. July 6, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Lead Public Safety Dispatcher was administered on June 21, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. LEAD PUBLIC SAFETY DISPATCHER 1. Mark Meyer 2. Angela Jones 3. Julie Rooney 4. Brenda Hernandez 5. Jessica George Respectfully submitted, Daniel White Jim Schilling Betty Takes Civil Service Commission July 6, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Mechanic was administered on June 28, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 6 MECHANIC 1. Mark Conner 2. Chad Schneider 3. Cary Gentz 4. Charles Klein 5. Francis Thomas 6. Patrick Herrig 7. Steven Christ 8. John Greenwood 9. Jay Valentine 10. Kenneth Klinkhammer 11. Russell Duve 12. Robert Moyer 13. Luke Hartmann 14. Thomas Spoerl 15. Jacob Connor 16. Tracy Gerhard 17. Ricky Dickerson 18. Dennis Schmid 19. Steve Schulz 20. Michael Frommelt 21. Robert Hall 22. Brian Kelly 23. Brian Wessels 24. Ben Ginter 25. John Smith 26. Jared Kueter Respectfully submitted, Daniel White Jim Schilling Betty Takes Civil Service Commission July 6, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Sanitation Driver was administered on May 10, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 1. Albert Stuart 2. Rodney Weires 3. Adam Kruser 4. Corey Leach 5. Mark Pottebaum 6. Kevin Hammond 7. Nathan Miller 8. Greg Schuckert 9. Richard Asbell 10. Mason Birch 11. Patrick Donovan 12. Brian Kelly 13. Jacob Leyten 14. James Lindecker 15. John Shepherd SANITATION DRIVER 16. Jay Valentine 17. Nicholas Connolly 18. William Hefei 19. Dawson Williams 20. Vincent Jellison 21. Kenneth Klinkhammer 22. Rodney Kretz 23. Shawn Perkins 24. Terry Dunkel 25. Brian Heim 26. Timothy Lawler 27. Michael Pottebaum 28. Shawn Thomas, Jr. 29. Andrew Bertsch 30. Michael Conner 7 31. Robert Harjehausen 32. Chris Quinones 33. Ryan Revenig 34. Neal Sweeney 35. Shaun Gilligan 36. David Healey 37. Robert Kenneally, Jr. 38. Neil Scott 39. Charles Wehrspann 40. Jason DeMaio 41. Steve Dunne 42. John Hennings 43. Jeremy Hubanks 44. Kenneth Miller 45. Steven Viertel Respectfully submitted, Daniel White Jim Schilling Betty Takes Civil Service Commission July 6, 2011 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on March 12, 2011. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good until May 6, 2012. POLICE OFFICER 1. Jeffrey George 2. Anthony Dalsing 3. Danielle McNally 4. Lauren Blum 5. Keith Varner 6. Richard Fullmer 7. Sara McDonough 8. Jay Murray 9. Mark Beasley 10. Isaiah Hoff 11. Garrett Bisinger 12. Josh Lawler 13. Matthew Drosopoulos 14. Andrew Gillip 15. Austin Weitz 16. Adam McKay 17. Thomas Ammon 18. Matthew Tauke 19. Brian Pelock 20. Albert Williams 21. Adam Schmerbach 22. Cole Hedrick 23. Billy Dieujuste 24. Mitchell Ottenhausen 25. Jeremy Vondal 26. Dennis Larson 27. Michael Arthur 28. Jase Guetter 29. Cale Loewen 30. Ben Watts Respectfully submitted, Daniel White Jim Schilling Betty Takes Civil Service Commission Tri -State Business Times- Rising Stars: City Manager transmitting information from the Tri- State Business Times featuring Assistant Economic Development Director Aaron DeJong as one of eight rising stars of the tri -state business world. Upon motion the document was received and filed. U.S. Department of Housing and Urban Development (HUD): Communication from Director Michelle Miller, Programs Division Director for the U.S. Department of Housing and Urban Development informing the City that it's Green and Healthy Homes and Lead Hazard Control program's overall performance is outstanding. Upon motion the documents were received and filed. 8 Federal Emergency Management Agency (FEMA): Correspondence from Sandra Knight, Deputy Federal Insurance and Mitigation Administrator for the Federal Emergency Management Agency (FEMA) advising that the City has until October 18, 2011 to adopt and have the Department of Homeland Security's Federal Emergency Management Agency (FEMA) Regional Office approve floodplain management measures that satisfy 44 Code of Federal Regulations (CFR) Section 60.3(d) of the National Flood Insurance Program (NFIP) regulations. Upon motion the documents were received, filed and referred to the City Manager. Sustainable Dubuque: City Manager recommending purchase of Sustainable Dubuque promotional items for use at the Growing Sustainable Communities conference and for community activities. Upon motion the documents were received, filed, and approved. City of Dubuque Code of Ordinances — Supplement No. 5: City Manager recommending adoption of Supplement No. 5 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 318 -11 Adopting Supplement No. 5 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 318 -12 ADOPTING SUPPLEMENT NO. 5 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 5 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 31 -11 and 35 -11 passed by Council and enacted through August 30, 2011, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Housing Trust Fund Committee: Housing Commission recommending approval of the appointment of Dorothy Schwendinger as the Commission's representative to the Housing Trust Fund Committee. Upon motion the documents were received, filed, and approved. Dubuque Metropolitan Area Transportation Study (DMATS): City Manager transmitting a letter of support for the Dubuque Metropolitan Area Transportation Study (DMATS) for a Sustainable Communities Regional Planning grant to the U.S. Department of Housing and Urban Development (HUD). Upon motion the documents were received and filed. 9 Alcohol Compliance — Civil Penalties for Alcohol License Holders — Casey's #2421: City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Casey's General Store #2421. Upon motion the documents were received, filed, and approved. Alcohol Compliance — Civil Penalties for Alcohol License Holders — Hilton Garden Inn / Houlihan's Restaurant: City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Hilton Garden Inn / Houlihan's Restaurant. Upon motion the documents were received, filed, and approved. Alcohol Compliance — Civil Penalties for Alcohol License Holders — Instant Replay: City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Instant Replay. Upon motion the documents were received, filed, and approved. Alcohol Compliance — Civil Penalties for Alcohol License Holders — Murph's South End Tap: City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Murph's South End Tap. Upon motion the documents were received, filed, and approved. Tobacco Compliance — Civil Penalties for Tobacco License Holders — Casey's Store #2421: City Manager recommending approval of the Tobacco Compliance Settlement Agreement with Casey's General Store #2421. Upon motion the documents were received, filed, and approved. Tobacco Compliance — Civil Penalties for Tobacco License Holders — Kwik Star #495: City Manager recommending approval of the Tobacco Compliance Settlement Agreement with Kwik Star #495. Upon motion the documents were received, filed, and approved. Liquor License Refund: Request by Rick Worcester of the Lift Bar requesting a refund on Beer and Liquor Combination License No. LC0037590 in the amount of $633.75. Upon motion the documents were received, filed, and approved. Signed Contracts: A) Port of Dubuque Ramp Repairs — RAM Change Order; B) Dubuque Community School District agreement with Jule Transportation; C) Water Pollution Control Plant Modifications Project contract with Terracon Consultants for site investigation services. Upon motion the documents were received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 319 -11 Granting the issuance of a Class "C" Beer /Liquor License to Happy's Place, the Grand Tap, Manna Java World Cafe, Angie's Bar, and The District; a Class "B" Wine License to Eagle Country Market; and Resolution No. 320 -11 Granting the issuance of a Class "C" Beer Permit to Eagle Country Market were adopted. RESOLUTION NO. 319 -12 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. P.M.S.T. Inc. James /Janet Kohl Manna Java World Cafe Angela Mangeno The District, Inc. Downtown Eagle, Inc. CLASS "C" BEER /LIQUOR LICENSE Happy's Place +(Sunday Sale) The Grand Tap +(Sunday Sale) LLC Manna Java World Cafe +(Sunday Sale) Angie's Bar +(Sunday Sale) The District +(Sunday Sale) 2323 Rockdale Rd. 802 Central Ave. 700 Locust St. 1401 Elm St. 1700 Central CLASS "B" WINE Eagle Country Market 1800 Elm St. Passed, approved and adopted this 19th day of September, 2011 Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 320 -12 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Downtown Eagle, Inc. CLASS "C" BEER PERMIT Eagle Country Market +(Sunday Sale) 1800 Elm St. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6 -0. Dubuque Regional Airport — Conservation Easement: City Manager recommending setting a public hearing for October 3, 2011 to consider disposal of an interest in City -owned property as set forth in the Declaration of Conservation Covenants and Restrictions Conservation Easement on the specified property at the Dubuque Regional Airport. Upon motion the documents were received and filed and Resolution No. 321 -11 Resolution of 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 disposition of City owned - property in the form of a Declaration of Conservation Covenants and Restrictions and providing for the 11 publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 3, 2011 in the Historic Federal Building. RESOLUTION NO. 321 -11 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 DISPOSITION OF CITY OWNED PROPERTY IN THE FORM OF A DECLARATION OF CONSERVATION COVENANTS AND RESTRICTIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described in the attached Declaration of Conservation Covenants and Restrictions; and Whereas, the City Council has determined that it would be in the best interests of the City to restrict the use of the property described in the Declaration of Conservation Covenants and Restrictions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of an interest in the foregoing- described Property as described in the attached Declaration of Conservation Covenants and Restrictions. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 3rd day of October, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper the 23rd day of September, 2012. /s /Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions: Civic Center Commission: One 3 -year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willenborg, 3497 Hillcrest Road, #2. Ms. Willenborg spoke in support of her appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 12 Request to Rezone — 3400 Block of Keymont Drive: Request from Tom Thompson to rezone property located at 3400 Keymont Drive from R -2 Two - Family Residential District to R- 3 Moderate Density Multi - Family Residential District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Charles Daoud, 396 Moore Heights, spoke in support of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Responding to questions from City Council, Zoning Advisory Commission Chairperson Charles Miller, Mr. Daoud and Ms. Carstens addressed sustainability elements, security and ownership issues. Motion carried 6- 0. Motion by Connors for final consideration and passage of Ordinance No. 44 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located in the 3400 block of Keymont Drive from R -2 Two - Family Residential District to R -3 Moderate Density Multi - Family Residential District. Seconded by Jones. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 44 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 3400 BLOCK OF KEYMONT DRIVE FROM R -2 TWO- FAMILY RESIDENTIAL DISTRICT TO R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from R -2 Two - Family Residential District to R -3 Moderate Density Multi - Family Residential District, to wit: As shown in Exhibit A, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of September, 2011. /s /Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011. /s /Kevin S. Firnstahl, City Clerk Request to Rezone — 3485 Windsor Avenue: Request from William Peterson Architects to amend the Padre Pio Healthcare Center Institutional District to allow construction of a four - story nursing addition and a one -story therapy center and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Responding to questions 13 from City Council, the architect stated that parking will still meet requirements and a generator - powered elevator is planned for emergency situations. Motion carried 6 -0. Motion by Lynch for final consideration and passage of Ordinance No. 45 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, rescinding Ordinance 66 -95, and approving an amended Campus Development Plan for Padre Pio Health Care Center Institutional District for a new four -story nursing addition and a one -story therapy addition. Seconded by Connors. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 45 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, RESCINDING ORDINANCE 66 -95, AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR PADRE PIO HEALTH CARE CENTER INSTITUTIONAL DISTRICT FOR A NEW FOUR -STORY NURSING ADDITION AND A ONE - STORY THERAPY ADDITION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Development Code and rescind Ordinance No. 66 -95 and adopting a revised campus development plan for a new nursing and therapy additions for the Padre Pio Health Care Center Institutional District for the following property, to wit: Lot 1 and Lot 2 of Stonehill Community Subdivision No. 2, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional district and of the Zoning Ordinance, the above - described property is subject to the following conditions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above - described ID Institutional District: 1. Principal permitted uses shall be limited to the following: a. Nursing or convalescent homes. b. Residential care facilities. c. Multi- family dwellings for the housing of institutional residents or affiliates. d. Offices for administrative personnel or other institutional employees and affiliates. e. Off - street parking and loading. 2. Conditional use shall be regulated by Section 5 -22.2 of the Unified Development Code. 3. Accessory uses shall be regulated by Section 5 -22.3 of the Unified Development Code. A. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: 1. That the proposed nursing and therapy additions shall be located in substantial conformance with the attached amended conceptual development plan. 2. A maximum height of 50 feet shall be allowed for call campus buildings. 3. That all previously- approved campus development plans are hereby superseded to allow for the attached development plan. B. Site Development Standards 14 The site development standards for this ID Institutional District shall be established as follows: 1. Site plans shall be submitted in compliance with Section 12 Site Plans of the Unified Development Code. 2. New outdoor lighting shall comply with Section 13 -3.1 Site Lighting of the Unified Development Code. 3. That storm water from new facilities shall comply with Section 13 -3.3 Storm Water Management of the Unified Development Code. 4. Landscaping and screening requirements shall be established in accordance with the requirements of Section 13 -4.4 of the Unified Development Code. 5. Trash enclosures shall comply with Section 13 -4.9 Exterior Trash Collection Areas of the Unified Development Code. C. Sign Regulations The sign regulations shall be the same as that which are allowed for ID Districts in Section 15 -11.13 of the Unified Development Code of the City of Dubuque, Iowa. D. Parking Standards The off - street parking requirement for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows: 1. That new off - street parking spaces shall be designed and constructed in compliance with Section 13 -3.5 Parking Lot Layout of the Unified Development Code. 2. Any significant expansion or reduction in the number of off - street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Padre Pio Health Center Institutional District. E. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowledges awareness of the conditionals authorizing the establishment of this district. F. Modifications Any modifications of this Ordinance must be approved by the City council in accordance with zoning reclassification proceedings of Section 9 -5 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of September, 2011. /s /Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011. /s /Kevin S. Firnstahl, City Clerk Unified Development Code: City of Dubuque: Request from the City of Dubuque to amend Section 6 -4 Flood Hazard Overlay of the Unified Development Code and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6 -0. 15 Motion by Jones for final consideration and passage of Ordinance No. 46 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 6 -4 Flood Hazard Overlay District and enacting a new Section 6 -4 Flood Hazard Overlay District to comply with National Flood Insurance Program Requirements. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 46 -11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 6 -4 FLOOD HAZARD OVERLAY DISTRICT AND ENACTING A NEW SECTION 6 -4 FLOOD HAZARD OVERLAY DISTRICT TO COMPLY WITH NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by repealing Section 6 -4 and enacting a new Section 6 -4 Flood Hazard Overlay Districts, as follows: 6 -4 Flood Hazard Overlay Districts 6 -4.1 - Purpose The provisions of the Flood Hazard Overlay Districts are intended to promote the public health, safety, and general welfare and to minimize the extent of floods and the losses incurred in flood hazard areas. The regulations of this Section are designed to: A. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities; B. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction; C. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and D. Assure that eligibility is maintained for property owners in the City to purchase flood insurance in the National Flood Insurance Program. 6 -4.2 - Lands to Which Regulations Apply This section shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map as being within the boundaries of the 100 -year floodplain. 6 -4.3 - Establishment of Official Floodplain Zoning Map The official floodplain zoning map, together with all explanatory matter thereon and is hereby adopted by reference and declared to be a part of this Code. The Official Zoning Map bears the signature of the Mayor attested by the City Clerk and shall be on file in the office of the Planning Services Department. The Flood Insurance Rate Map (FIRM) for Dubuque County and incorporated areas, City of Dubuque, Panels 19061CO215E, 0217D, 0220E, 0236E, 0237E, 0238E, 0239E, 0241E, 0242E, 0243E, 0244E, 0330E, 0332E, 0335E, 0351E, 0352E, 0354E, 0356E, 0358E, 00360E dated October 18, 2011, which were prepared as part of the Flood Insurance Study for Dubuque County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this ordinance. 6 -4.4 - Rules for Interpretation of District Boundaries The boundaries of the zoning district shall be determined by scaling distances on the official floodplain zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, the City Planner shall make the 16 necessary interpretation. The person contesting the location of the district boundary shall be given a reasonable opportunity to present their case and submit technical evidence. 6 -4.5 - Compliance No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered to cause a substantial improvement without full compliance with the terms of this Code and other applicable regulations which apply to uses within the jurisdiction of this Code. Existing structures which suffer substantial damage shall also be required to meet full compliance with the terms of this Code should the damaged structure be repaired or rebuilt. 6 -4.6 - Abrogation and Greater Restrictions It is not intended by this Code to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this Code imposes greater restrictions, the provisions of this Code shall prevail. All other ordinances inconsistent with this Code are hereby repealed to the extent of the inconsistency only. 6 -4.7 - Interpretation In their interpretation and application, the provisions of this Code shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 6 -4.8 - Warning and Liability Disclaimer The degree of flood protection required by this Code is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Code does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Code shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Code or any administrative decision lawfully made thereunder. 6 -4.9 - Establishment of Floodplain Overlay Districts The floodplain areas within the jurisdiction of this Code are hereby divided into the following districts: A. Floodway Overlay District (FW). Floodway Fringe Overlay District (FF) and General Flood Plain Overlay District (FP). The boundaries are shown on the official floodplain zoning map. Within these districts all uses not allowed as permitted uses are prohibited. B. Floodway Overlay District (FW). The Floodway Overlay District shall be consistent with the boundaries of the floodway as shown on the official floodplain zoning map Overlay and indicated on the FIRM maps as Zone AE (hatched). C. Floodway Fringe Overlay District (FF). The Floodway Fringe Overlay District shall be those areas shown as floodway fringe on the official floodplain zoning map and indicated on the FIRM maps as Zone AE. D. General Floodplain Overlay District (FP). The General Floodplain Overlay District shall be those areas shown as being within the approximate 100 -year flood boundary on the official floodplain zoning map and indicated on the FIRM maps as Zone A. 6 -4.10 - FW Floodway Overlay District A. Permitted uses. The following uses shall be permitted within the FW District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory -built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. 17 2. Accessory uses of land for industrial /commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreational uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 5. Such other open space uses similar in nature to the above uses. 6. Conditional uses. The following uses which involve structures (temporary or permanent), fill, and storage of materials or equipment may be permitted only upon issuance of a conditional use permit by the Zoning Board of Adjustment as provided for in Article 8. Such uses must also meet the applicable provisions of the Floodway District performance standards. 7. Uses or structures accessory to open -space uses. 8. Circuses, carnivals, and similar transient amusement enterprises. 9. Drive -in theaters, new and used car lots, roadside stands, signs, and billboards. 10. Extraction of sands, gravel, and other materials. 11. Marinas, boat rentals, docks, piers, wharves. 12. Utility transmission lines, underground pipelines. 13. Other uses similar in nature to the above described uses and which are consistent with the general spirit and purposes of this Code. B. Performance standards. All permitted or conditional uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. No use shall be permitted in the Floodway Overlay District that would result in any increase in the one hundred -year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. All uses within the Floodway Overlay District shall: i. Be consistent with the need to minimize flood damage. ii. Use construction methods and practices that will minimize flood damage. iii. Use construction materials and utility equipment that are resistant to flood damage. 3. No use shall affect the capacity or conveyance of the channel or floodway or any tributary to the main stream, drainage ditch, or any other drainage facility or system. 4. Structures and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows. 5. Structures, if permitted, shall have a low flood damage potential and shall not be for human habitation. 6. Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the IDNR. 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 18 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 6 -4.11 FF Floodway Fringe Overlay District A. Permitted uses. All uses within the Floodway Fringe Overlay District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe Overlay District. However, on the Mississippi River or on islands therein, no use will be allowed unless identified as not being a floodway area by the IDNR. In which case, if a floodway area is identified, the provisions of the FW Floodway Overlay District will apply. B. Performance standards. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards: 1. All structures shall be: i. Adequately anchored to prevent flotation, collapse or lateral movement of the structure; ii. Constructed with materials and utility equipment resistant to flood damage; and iii. Constructed by methods and practices that minimize flood damage. 2. All new and substantially improved structures: i. Such areas shall be used solely for parking vehicles, building access and low damage potential storage. ii. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. iii. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. iv. The bottom of all openings shall be no higher than one foot above grade. v. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. vi. New and substantially improved structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. vii. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. Designs for meeting this requirement must be certified by a professional engineer registered in the State of Iowa. 3. Residential buildings. All new or substantially improved residential structures shall have the lowest floor, including basements, elevated a minimum of one foot above the 100 -year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100 -year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Zoning Board of Adjustment and issuance of a variance, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstanding the various forces and hazards associated with flooding. All new residential buildings shall be provided with a means of access which will be passable by wheeled vehicles during the 100 -year flood. 19 4. Nonresidential buildings. All new and substantially improved nonresidential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100 -year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100 -year flood; and that the structures, below the 100 -year flood level, are watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to North American Vertical Datum, 1988) to which any structures are floodproofed shall be maintained by the City Planner. 5. Factory -built homes: i. Factory -built homes including those placed in existing factory -built home parks or subdivisions shall be anchored to resist flotation, collapse, or lateral movement. ii. Factory -built homes including those placed in existing factory -built home parks or subdivisions shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one foot above the 100 -year flood level. 6. Utility and sanitary systems: i. All new and replacement sanitary sewage systems shall be designed to minimize and eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood water. Wastewater treatment facilities shall be provided with a level of flood protection equal to or greater than one foot above the 100 -year flood elevation. ii. On -site waste disposal systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. iii. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities shall be provided with a level of protection equal to or greater than one foot above the 100 -year flood elevation. iv. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. v. All such systems shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100 -year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters, or (ii) be readily removable from the area within the time available after flood warning. 8. Flood control structural works such as levees and flood walls shall provide, at a minimum, protection from a 100 -year flood with a minimum of three feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the IDNR. 9. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch, or other drainage facility or system. 10. Subdivisions (including factory -built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals shall meet the applicable performance standards. Subdivision proposals intended for residential development shall provide all lots with a means of vehicular access that will remain dry during occurrence of the 100 -year flood. Proposals for subdivisions greater than five (5) acres or fifty 20 (50) lots (whichever is less) shall include 100 -year flood elevation data for those areas located within the Floodplain (Overlay) District. 11. The exemption of detached garages, sheds, and similar structures less than 300 square feet in area from the 100 -year flood elevation requirements may result in increased premium rates for insurance coverage of the structure and contents; however, said detached garages, sheds, and similar accessory type structures are exempt from the 100 -year flood elevation requirements, provided: i. The structures shall not be used for human habitation. ii. The structure shall be designed to have low flood damage potential. iii. The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. iv. Structures shall be firmly anchored to prevent flotation which may result in damage to other structures. v. The structure's service facility such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100 -year flood level. vi. All such structures shall be certified as meeting these requirements by a professional engineer registered in the State of Iowa. 12. Recreational Vehicles i. Recreational vehicles are exempt from the requirements of Section 6- 4.11(8)(5) of this Ordinance regarding anchoring and elevation of factory -built homes when the following criteria are satisfied. a. The recreational vehicle shall be located on the site for less than 180 consecutive days, and b. The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. ii. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section 6- 4.11(8)(5) of this Ordinance regarding anchoring and elevation of factory -built homes. 13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. 6 -4.12 FP General Floodplain Overlay District A. Permitted uses. The following uses shall be permitted within the FP General Floodplain Overlay District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory -built homes, fill or other obstruction, the storage of materials or equipment, excavation, or alteration of a watercourse. 1. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Accessory uses of land for industrial /commercial uses such as loading areas, parking areas, airport landing strips. 3. Private and public recreation uses such as golf courses, tennis courts, ball fields, driving ranges, archery ranges, picnic grounds, transient camping and recreational vehicle facilities, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails. 4. Residential uses of land such as lawns, gardens, parking areas and play areas. 21 5. Such other open space uses similar in nature to the above uses. B. Conditional uses. Any uses which involve placement of structures, factory -built homes, fill or other obstructions, the storage of materials or equipment, excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Zoning Board of Adjustment. All such uses shall be reviewed by the IDNR to determine: (i) whether the land involved is either wholly or partly within the floodway or floodway fringe, and (ii) the 100 -year flood level. The applicant shall be responsible for providing the IDNR with sufficient technical information to make the determination. C. Performance standards. 1. All conditional uses, or portions thereof, to be located in the floodway as determined by the IDNR shall meet the applicable provisions and standards of the Floodway Overlay District. 2. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the IDNR shall meet the applicable standards of the Floodway Fringe Overlay District. 6 -4.13 Floodplain Overlay District Administration A. Appointment, duties and responsibilities of City Planner. 1. A City Planner designated by the City Manager shall administer and enforce this Code and will herein be referred to as the Administrator. 2. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: i. Review all floodplain development permit applications to ensure that the provisions of this Code will be satisfied. ii. Review all floodplain development permit applications to ensure that all necessary permits have been obtained from federal, state or local governmental agencies. iii. Record and maintain a record of: (a) the elevation On relation to North American Vertical Datum, 1988) of the lowest floor of all new or substantially improved structures, or (b) the elevation to which new or substantially improved structures have been floodproofed. iv. Notify adjacent communities and /or counties and the IDNR prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Insurance Administrator. v. Keep a record of all permits, conditional uses, appeals, variances and such other transactions and correspondence pertaining to the administration of this Code. vi. Submit to the Federal Insurance Administrator an annual report concerning the City's participation in the National Flood Insurance Program, utilizing the annual report form supplied by the Federal Insurance Administrator. vii. Notify the Federal Insurance Administration of any annexations or modifications to the City's boundaries as part of the annual report. viii. Review subdivision proposals to ensure such proposals are consistent with the purpose of this Code and advise the City Council of potential conflicts. B. Floodplain development permit. 1. Permit required. A floodplain development permit issued by the Administrator shall be secured prior to initiation of any floodplain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory - built homes in both the Floodway, Floodway Fringe and General Floodplain Overlay Districts. 22 2. Application for permit. Application for a floodplain development permit shall be made on forms supplied by the Administrator and shall include the following information. i. Description of and plans for the work to be covered by the permit for which application is to be made. ii. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. iii. Identification of the use or occupancy for which the proposed work is intended. iv. Elevation of the 100 -year flood. v. Elevation (in relation to North American Vertical Datum, 1988) of the lowest floor (including basement) of the structure or of the level to which a structure is to be floodproofed. vi. For structures being improved or rebuilt, the estimated cost of improvements and market value of the structure prior to the improvements. vii. All certifications by a professional engineer registered in the State of Iowa as required by this Code. viii. Such other information as the Administrator deems reasonably necessary for the purpose of this Code. 3. Action for permit application. The Administrator shall make a determination as to whether the proposed floodplain development meets the applicable provisions and standards of this Code and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefore. The Administrator shall not issue permits for conditional uses or variances except as directed by the Zoning Board of Adjustment. 4. As -built certification. The applicant shall be required, prior to the use or occupancy of any structure or development, to submit certification by a professional engineer registered in the State of Iowa that the work authorized by the floodplain development permit was accomplished in compliance with this Code. Any use, arrangement, or construction in conflict with that authorized shall be deemed a violation of this Code. 6 -4.14 - Zoning Board of Adjustment Action Authorized. A. The Zoning Board of Adjustment shall hear and decide applications for conditional uses, appeals and variances. B. Conditional uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board. C. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this Code, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken. D. Variances. The Board may authorize, upon request in specific cases, such variances from the terms of this Code that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Code will result in unnecessary hardship. Variances granted must meet the following applicable standards: 1. No variances shall be granted for any development within the Floodway Overlay District which would result in any increase in the 100 -year level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 23 2. Variances shall only be granted upon: (1) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisances, or cause fraud on or victimization of the public. 3. A variance shall only be granted upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. 4. In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this Code, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance, and (ii) such construction increases risks to life and property. 5. All variances granted shall have the concurrence or approval of the IDNR. E. Board decisions. In passing upon requests for conditional uses and variances, the Board shall consider all relevant factors specified in other sections of this Code and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept on to other lands or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a floodplain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. Such other factors which are relevant to the purpose of this Code. F. Conditions attached to conditional uses or variances. Upon consideration of the factors listed above, the Board may attach such conditions to the granting of conditional uses and variances as it deems necessary to further the purpose of this Code. Such conditions may include, but not necessarily be limited to: 1. Modification of waste disposal and water supply facilities; 2. Limitation on periods of use and operation; 3. Imposition of operational controls, sureties and deed restrictions; 4. Requirements for construction of channel modification, dikes, levees, and other protective measures, provided such are approved by the IDNR and are deemed the only practical alternative to achieving the purposes of this Code; and 5. Floodproofing measures which shall be designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood and that the applicant submit a plan or document certified by a professional engineer registered in the 24 State of Iowa that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 6 -4.15 Definitions Unless specifically defined below or in Article 2, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Base Flood: The flood having one (1) percent chance of being equaled or exceeded in any given year (See 100 -year flood). Basement: Any enclosed area of a structure which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor." Development: Any man -made change to improved or unimproved real estate, including but not limited to buildings or other structures, the storage of equipment or materials, mining, dredging, filling, grading, paving, excavation or drilling operations. Existing Construction: Any structure for which the "start of construction" commenced before the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. May also be referred to as "existing structure." Existing Factory-Built Home Park or Subdivision: A factory -built home park or subdivision for which the construction of facilities for servicing the lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. Expansion of Existing Factory-Built Home Park or Subdivision: The preparation of additional sites by the construction of facilities for servicing the lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Factory-Built Home: Any structure, designed for residential use, which is wholly or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this ordinance, factory -built homes include mobile homes, manufactured homes and modular homes and also include park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. Factory-Built Home Park: A parcel or contiguous parcels of land divided into two or more factory -built home lots for rent or sale. Flood: A general or temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. Flood Elevation: The elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100 -year flood elevation is the elevation of flood waters related to the occurrence of the 100 -year flood. Flood Insurance Rate Map: The official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. Flood Insurance Study: A study initiated, funded and published by the Federal Insurance Administration for the purpose of evaluating in detail the existence and severity of flood hazards; providing the City with the necessary information for adopting a flood plain management program and establishing actuarial flood insurance rates. Flood Plain: Any land area susceptible to being inundated by water as a result of a flood. Flood Plain Management: An overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to 25 emergency preparedness plans, flood control works, flood - proofing and flood plain management regulations. Floodproofing: Any combination of structure and non - structural additions, changes, or adjustments to structures, including utility and sanitary facilities, which will reduce or eliminate flood damage to such structures. Floodway: The channel of a river or stream, and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not result in substantially higher flood levels or flow velocities. Floodway Fringe: Those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities. Historic Structure: Any structure that is: 1. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing of the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either: (i) an approved state program as determined by the Secretary of the Interior, or (ii) directly by the Secretary of the Interior in states without approved programs. Lowest Floor. The floor of the lowest enclosed area in a structure, including a basement, except when all the following criteria are met: 1. The enclosed area is designated to satisfy the provisions of Section 6- 4.11(4); and 2, The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and 3. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) food above the 100 -year flood level; and 4. The enclosed area is not a "basement" as defined in this section. In cases where the lowest enclosed area satisfies criteria 1, 2, 3, and 4 above, the lowest flood is the floor of the next highest enclosed area that does not satisfy the criteria above. Minor Projects: Small development activities (except for filling, grading and excavating) valued at less than $500. New Construction: Those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map (September 6, 1989). New Factory-Built Home Park or Subdivision: A factory -built home park or subdivision for which the construction of facilities for servicing the lots on which the factory -built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the first floodplain management regulations adopted by the community on April 16, 1990. 26 One Hundred (100) Year Flood: A flood, the magnitude of which has a one (1) percent chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years. Recreational Vehicle: A vehicle which is: 1. Built on a single chassis; 2. Four hundred (400) square feet or less when measured at the largest horizontal projection; 3. Designed to be self - propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. Routine Maintenance of Existing Buildings and Facilities: Repairs necessary to keep a structure in a safe and habitable condition, provided they are not associated with a general improvement of the structure or repair of a damaged structure. Such repairs include: 1. Normal maintenance of structures such as re- roofing, replacing roofing tiles and replacing siding; 2. and similar finish work; 3. Basement sealing; 4. Repairing or replacing damaged or broken window panes; 5. Repairing plumbing systems, electrical systems, heating or air conditioning systems and repairing wells or septic systems. Special Flood Hazard Area: The land within a community subject to the 100 -year flood. This land is identified as Zone A on the community's Flood Insurance Rate Map. Start of Construction: Includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement, was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory -built home on a foundation. Permanent construction does not include land preparation, such as cleaning, grading or filling, nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers, or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimension of the building. Structure: Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory -built homes, storage tanks, and other similar uses. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement: Any improvement to a structure which satisfies either of the following criteria: 1. Any repair, reconstruction, rehabilitation, addition or improvement of a structure, the cost of which would equal or exceed 50 percent of the market value of the structure either (i) before the improvement or repair is started, or (ii) if the structure has been damaged, and was being restored, before the damaged occurred. For the purposes of this definition, "substantial 27 improvement" is considered to occur when the first alteration affects the external dimensions of the structure. This term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. 2. Any addition which increases the original floor area of a building by 25 percent or more. All additions constructed after September 6, 1989 shall be added to any proposed addition in determining whether the total increase in original flood space would exceed 25 percent. Variance: A grant of relief by a community from the terms of the floodplain management regulations as defined in Article 2. Violation: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. Section 3. The foregoing amendment shall take affect upon publication, as provided by law. Passed, approved and adopted this 19th day of September, 2011. /s /Lynn V. Sutton, Mayor Pro -Tem Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph - Herald on the 23rd day of September, 2011. /s /Kevin S. Firnstahl, City Clerk Fiscal Year 2012 Budget Amendment No. 1: Proof of publication on notice of public hearing to consider the Fiscal Year 2012 Budget Amendment No. 1, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 322 -11 Amending the current budget for the fiscal year ending June 30, 2012. Seconded by Jones. Responding to questions from City Council, Budget Director Jenny Larson clarified that this involves carryover of funds for projects and grants which cross multiple fiscal years. Motion carried 6 -0. CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of Dubuque County, Iowa: The City Council of Dubuque in said County /Counties met on 09/19/2011, at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. 28 RESOLUTION NO. 322 -11 A resolution amending the current budget for the Fiscal Year ending June 30, 2012. Be it Resolved by the Council of the City of Dubuque. Section 1. Following notice published and the public hearing held, 09/19/2011, 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: Passed this 19th day of September 2011. Kevin S. Firnstahl City Clerk 29 Roy D. Buol, Mayor Total Budget as certified or last amended 20,559,847 Current Amendment 0 Total Budget after Current Amendment 20,559,847 Revenues & Other Financing Sources Taxes Levied on Property 1 Less Uncollectted Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 20,559,847 0 20,559,847 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 10,151,097 0 10,151,097 Other City Taxes 6 14,904,342 0 14,904,342 Licenses & Permits 7 1,254,672 0 1,254,672 Use of Money and Property 8 12,639,846 135,000 12,774,846 Intergovernmental 9 33,190,214 60,110,019 93,300,233 Charges for Services 10 32,758,317 81,480 32,839,797 Special Assessments 11 244,100 197,000 441,100 Miscellaneous 12 6,556,190 1,634,709 8,190,899 Other Financing Sources 13 66,978,000 37,141,675 104,119,675 Total Revenues and Other Sources 14 199,236,625 24,073,368 99,299,883 616,997 298,536,508 24,690,365 Expenditures & Other Financing Uses Public Safety 15 Public Works _ 16 11,669,809 368,554 12,038,363 Health and Social Services _ 17 914,521 105,983 1,020,504 Culture and Recreation 18 9,891,483 107,623 9,999,106 Community and Economic Development 19 13,006,091 342,906 13,348,997 General Government 20 6,912,736 233,650 7,146,386 Debt Service 21 7,019,294 0 7,019,294 Capital Projects 22 32,035,166 77,624,991 109,660,157 Total Government Activities Expenditures 23 105,522,468 79,400,704 184,923,172 Business Type / Enterprises 24 76,139,146 38,562,757 114,701,903 Total Gov Activities & Business Expenditures 25 181,661,614 117,963,461 299,625,075 Transfers Out 26 21,147,963 6,865,744 28,013,707 Total Expenditures /Transfers Out 27 202,809,577 - 3,572,952 124,829,205 - 25,529,322 327,638,782 - 29,102,274 Excess Revenues & Other Sources Over (Under) Expenditures /Transfers Out Fiscal Year 28 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 22,846,457 16,872,124 39,718,581 Ending Fund Balance June 30 31 19,273,505 - 8,657,198 10,616,307 Passed this 19th day of September 2011. Kevin S. Firnstahl City Clerk 29 Roy D. Buol, Mayor Rose of Dubuque, LLP — Development Agreement: Proof of publication on notice of public hearing to consider a Development Agreement with the Rose of Dubuque, LP for a 70 -unit affordable living facility on Lake Ridge Drive and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 323 -11 Approving a Development Agreement with the Rose of Dubuque, L.P. for property located on Lake Ridge Drive. Seconded by Resnick. Responding to questions from City Council, developer Greg McClenahan addressed the issue that all residents are encouraged to wear electronic pendants for the 24 -hour emergency safety system. Motion carried 6 -0. RESOLUTION NO. 323 -11 APPROVING A DEVELOPMENT AGREEMENT WITH THE ROSE OF DUBUQUE, L.P. FOR PROPERTY LOCATED ON LAKE RIDGE DRIVE Whereas, the City of Dubuque, Iowa, has undertaken an Urban Renewal project for the purpose of advancing the community's ongoing economic development efforts in the Lake Ridge Urban Renewal District; and Whereas, the City Council, by Resolution No. 302 -11, dated September 6, 2011 declared its intent to enter into a Development Agreement with The Rose of Dubuque, L.P. for property located on Lake Ridge Drive; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 19, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City of Dubuque, Iowa is encouraging the use of urban renewal tax obligations for the purpose of developing property located on Lake Ridge Drive into a seventy (70) unit affordable assisted living facility; and Whereas, it is the determination of this Council that approval of the Development Agreement for the purpose of developing property located on Lake Ridge Drive by The Rose of Dubuque, L.P. according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with The Rose of Dubuque, L.P. is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with The Rose of Dubuque, L.P. Section 3.That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Dubuque River Rides, Inc. — Docking Lease Agreement: Proof of publication on notice of public hearing to consider the proposed Docking License Agreement between the City of Dubuque and Dubuque River Rides, Inc., and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 324 -11 Disposing of an Interest in real property by License Agreement with Dubuque River Rides, Inc. Seconded by Braig. Motion carried 6 -0. 30 RESOLUTION NO. 324 -11 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LICENSE AGREEMENT WITH DUBUQUE RIVER RIDES, INC. Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on Exhibit A attached hereto (the Property); and Whereas, Dubuque River Rides, Inc. (River Rides) desires to license the Property for docking its vessels and other related uses upon the terms set forth in a Docking License Agreement now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which provides among other things for a term of five years; and Whereas, the City Council, pursuant to notice published as required by law, held a public hearing on the proposed disposition of the Property on September 19, 2011, and overruled all objections thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves of the Docking License Agreement disposing of the City's interest in the Property. Section 2. The Mayor is authorized and directed to execute the Docking License Agreement on behalf of the City. Passed, approved and adopted this 19th day of September 2011. Roy D. Buol, Mayor, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Electrical Code Amendments: City Manager recommending approval of amendments to the City of Dubuque's Electrical Code that have been recommended by the Electrical Board of Appeals. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6- 0. Motion by Connors for final consideration and passage of Ordinance No. 47 -11 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Section 14-1D-2 National Electrical Code Amendments by removing replacement, installation, and alteration from activities allowed as routine maintenance and performed by a maintenance electrician and by removing Section 83 -8 Bonding, Article 250.104(B) Other Metal Piping, and Article 250.104(E) Gas Piping System Bonding requirement. Seconded by Braig. Motion carried 6 -0. OFFICIAL PUBLICATION ORDINANCE NO. 47 -11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, SECTION 14 -1D -2 NATIONAL ELECTRICAL CODE AMENDMENTS BY REMOVING REPLACEMENT, INSTALLATION, AND ALTERATION FROM ACTIVITIES ALLOWED AS ROUTINE MAINTENANCE AND PERFORMED BY A MAINTENANCE ELECTRICIAN AND BY REMOVING SECTION 83 -8 BONDING, ARTICLE 250.104(B) OTHER METAL PIPING, AND ARTICLE 250.104(E) GAS PIPING SYSTEM BONDING REQUIREMENT 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14 -1 D -2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1D-2: NATIONAL ELECTRICAL CODE AMENDMENTS: The national electrical code adopted by section 14 -1 D -1 of this article is hereby amended as follows: 80 -3. Definitions, General. For the purpose of these provisions, certain terms, phrases, words, and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's third new international dictionary of the English language, unabridged, copyright 1981, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in masculine gender include the feminine and the feminine the masculine. Routine maintenance means the servicing, maintaining, or repairing of existing electrical apparatus or equipment for which no changes in wiring are made. 8▪ 3 -1. Definitions. For use within this article, the following words and phrases are defined: Maintenance electrician means a person who has the necessary training, experience, and technical knowledge to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment within the stipulated confines of property owned or controlled by the firm, business, or company by whom employed. An electrical maintenance certificate of competency may be issued to an individual and will entitle the holder thereof to undertake the work of servicing, maintaining, and repairing electrical devices, appliances, and equipment only within the confines of the property owned by such individual for use or application to such property. Sec▪ t▪ ion 2. This Ordinance takes effect upon publication. Passed, approved and adopted the 19th day of September, 2011. /s /Lynn V. Sutton, Mayor Pro -Tem Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald newspaper on the 23rd day of September, 2011. /s /Kevin S. Firnstahl, City Clerk Iowa Clean Air Attainment Program (ICAAP) Grant Application: City Manager recommending approval of the submission of the Iowa Clean air Attainment Program (ICAAP) grant in the amount of $2,535,832 to fund the IBM research and pilot route services for two years. Motion by Lynch to receive and file the documents and adopt Resolution No. 325 -11 Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) grant application to the Iowa Department of Transportation to fund IBM research and for implementation of two pilot route services. Seconded by Jones. Motion carried 6 -0. 32 RESOLUTION NO. 325 -11 ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION TO FUND IBM RESEARCH AND FOR IMPLEMENTATION OF TWO PILOT ROUTE SERVICES Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for reducing congestion, reducing travel or single- occupant vehicle usage, and improving air quality; and Whereas the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds; and Whereas, the City Council finds that the IBM Smarter Travel project, college route and the midtown circulator and downtown feeder route would promote clean air standards in Dubuque and provide a new form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby endorses the attached application to the Iowa Clean Air Attainment Program which includes for a 20% local match for the midtown circulator and downtown feeder routes. Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the application for ICAAP. Passed, approved and adopted this 19th day of September, 2011. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Request for Work Session: City Manager requesting setting a work session on Monday, December 5, at 5:30 p.m. for a presentation on Council Bluffs activities related to the 2011 Missouri River flooding. Motion by Connors to receive and file the document and set a work session for the requested date and time. Council Member Lynch stated that he will not be able to attend. Seconded by Jones. Motion carried 6 -0. COUNCIL MEMBER REPORTS Council Member Braig and Mayor Pro -Tem Sutton reported on the Midwest Culturally Inclusive Conference they attended in Platteville on September 16 and 17. There being no further business, upon motion the City Council adjourned at 7:31 p.m. Kevin S. Firnstahl City Clerk 33