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1 3 12 City Council Proceedings Offical_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 3, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Pledge of Allegiance Moment of Silence SWEARING IN Mayor Pro -Tem Ric Jones swore in 2nd Ward City Council Member Karla Braig and At -Large City Council Member David Resnick. PROCLAMATION Martin Luther King, Jr. Day (January 16, 2012) was accepted by Mary Ann Conzett on behalf of the Faces and Voices. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: City Council Proceedings of 12/19, Housing Code Appeals Board of 11/15, Transit Advisory Board of 12/8; Library Board of Trustees Up- date from meeting of 12/14; Proof of Publication for City Council Proceedings of 12/5. Upon motion the documents were received and filed. Notice of Claims and Suits: Daniel Davis for vehicle damage, Jeffrey Glenn Holt for personal injury, Joseph Jacobsmeier for vehicle and property damage, Ron and Diane Streif for vehicle damage, Wulfekuhle Injection and Plumbing for materials and labor. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims and Suits: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communi- ties Assurance Pool: Joseph Jacobsmeier for property and vehicle damage. Upon mo- tion the documents were received, filed and concurred. Special Assessment - 1104 Riverview Street: City Manager recommending approval to assess $11,915.36 to the property at 1104 Riverview, for demolition, water service removal, weed removal and publication of notice in the Telegraph Herald. Upon motion 1 the documents were received and filed and Resolution No. 1 -12 Adopting the Schedule of Special Assessment for a lien against the property at 1104 Riverview Drive and di- recting the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 1 -12 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AT 1104 RIVERVIEW DRIVE AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENT TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for non- payment of assessments applied by Section 14 -3 -4 of the City Code which Schedule of Assessments was filed in the office of the City Clerk on the 16th day of December, 2011, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Of- fice, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun- ty Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 3rd day of January, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 1104 RIVERVIEW DRIVE SCHEDULE OF ASSESSMENTS 1. Telegraph Herald, Notice and Order of Demo, $30.36 2. Ted Stackis Construction, Deconstruction, $8,950.00 3. Drew Cook & Sons, Disconnect water service, $2,865.00 4. City of Dubuque Housing, Weed removal $70.00 Total, $11,915.36 Request for Proposals - 9th & 11th Streets One -Way to Two -Way Conversion and Downtown Traffic Analysis: City Manager recommending issuance of a Request for 2 Proposal (RFP) to seek qualified firms interested in providing professional services for the 9th Street & 11th Street One -Way to Two -Way Conversion. This will also include a comprehensive downtown traffic study. Upon motion the documents were received, filed, and approved. Transportation, Community and System Preservation Program (TCSP) Application: City Manager recommending approval to submit a grant application for a $600,000 grant from the Transportation, Community and System Preservation Program to assist in the cost of converting 9th and 11th Streets from one -way to two -way streets. Upon motion the documents were received, filed, and approved. Final Plat - Liberty Subdivision: Zoning Advisory Commission recommending rescind- ing Resolution No. 310 -11 and re- approval of the Final Plat of Liberty Subdivision. Upon motion the documents were received and filed and RESOLUTION NO. 2 -12 Authorizing the re- approval of the Final Plat of Liberty Subdivision of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 2 -12 AUTHORIZING THE RE- APPROVAL OF THE FINAL PLAT OF LIBERTY SUBDIVI- SION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Liberty Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Mya Rose Court (Lot A) and Liberty Avenue (Lot B) together with certain public utility, and storm sewer easements and storm water detention facilities (Lot C and Lot D), which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; subject to the owner's agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that streets and public utili- ties have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 310 -11 is hereby rescinded. Section 2. That the dedication of Mya Rose Court (Lot A), Liberty Avenue (Lot B), de- tention facilities (Lot C and Lot D) and the easements for public utilities and storm sew- er, as they appear on said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Liberty Subdivision is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Mya Rose Court (Lot A) to grade and to construct longitudinal sub - drain, with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engi- 3 neer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer main and sewer service laterals into each individual lot, water main and water service laterals into each individual lot, storm sewers and catch basins, street lighting with all appurtenances, and erosion control de- vices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer. (c) To connect storm water facilities to an approved storm water detention facility in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications and in accordance with construction improve- ment plans, and inspected by the City Engineer. (d) To construct said improvements, prior to the two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner. And, further provided that said Graceland, LLC, as owners of said property, shall se- cure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Man- ager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights -of -way, including lots with multiple frontages, as required by City Code 10- 1-2. Section 4. The maintenance expenses incurred by the City of Dubuque for the storm water detention facilities on Lot C and Lot D Liberty Subdivision shall be assessed against the lot owners of Liberty Subdivision, except the City of Dubuque, as indicated in the final plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treas- urer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the final acceptance of the public improvements shall occur upon cer- tification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City stand- ards and specifications and accepted by City Council Resolution. Section 6. That in the event Graceland, LLC, fails to execute the acceptance and fur- nish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin Firnstahl, Acting City Clerk Healthcare Analytics Proposal for Actuarial Services: City Manager recommending approval of the acceptance of the Proposal for Actuarial Services for the City of Dubu- que prepared by Healthcare Analytics to negotiate reimbursement arrangements for Finley and Mercy Hospitals and authorization for the City Manager to sign the Proposal Memorandum. Upon motion the documents were received, filed, and approved. 4 Approve Acquisition of Police K9 and Accept Grant from K9s 4COPS: City Manager recommending acquisition of Police K9 and acceptance of a grant from K9s 4COPS. Upon motion the documents were received, filed, and approved. 2012 Federal Legislative Priorities: City Manager requesting adoption of the 2012 Federal Legislative Priorities. Upon motion the documents were received, filed, and ap- proved. Sustainable Dubuque Monthly Report - December 2011: City Manager submitting the Sustainable Dubuque Monthly Report for December 2011. Upon motion the documents were received and filed. Housing Code Appeals Board: Commissioner Bill Kinsella submitting his resignation from the Housing Code Appeals Board. Upon motion the document was received and filed and the resignation accepted. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending adopting of a resolution authorizing the City Clerk to certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 3 -12 Authorizing the City to col- lect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO.3 -12 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3C2o; TITLE 6 -6- 4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collec- tion Charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached 5 Grass/Weed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 3rd day of January, 2012. Ric W Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Schedule Of Assessments Delinquent Grass And Weed Cutting And Garbage Collection Charges Dubuque Property Mgmt 8505 Southern Hills Court Dubuque IA 52003, Lots 46 -50 and Lot 2 of 51 Lennox Add, unknown, $450.00, grass, weeds and garbage Judith Ann Beecher 55 Milwaukee St. Dubuque IA 52001, 55 Milwaukee, 1014228013, $215.00, garbage Mark A Morrison 1825 Shoreline Drive #314 Alameda CA 94501, 1356 Elm St, 1024432007, $110.00, garbage Ryan Neuhaus 2535 Coates Street Dubuque IA 52003, 355 Kaufmann, 1024127031, $300.00, grass and weeds Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $1,120.00, grass, weeds and garbage Bryan R Glanz /Brianne S Roddick 1305 N Grandview Avenue Dubuque, IA 52003, 2995 Hillcrest, 1022338001, $105.00, garbage Kevin D and Sarah E Halfhill 1825 Wood St. Dubuque IA 52001, 1801 Lincoln, 1118133008, $205.00, grass and weeds Laird Properties Ltd 3960 Cedar Heights Court Dubuque IA 52002, 909 Rhomberg, 1013477015, $70.00, garbage Greg A Prehm 8505 Southern Hills Court Dubuque IA 52003, 574 Chestnut, 1024381006, $140.00, garbage JBM Enterprises LLC 14186 Dietz Drive Dubuque IA 52002, 625 Rhomberg, 1013487012, $175.00, garbage Jesse J Rans 125 Kayle Drive Manchester IA 52057, 2008 Foye, 1024177022, $250.00, grass and weeds Michael D Voss 1280 Cleveland Avenue Dubuque IA 52003, 1280 Cleveland, 1025361012, $930.37, garbage Andrew M and Shannon R Schneider 2065 Deborah Drive Dubuque IA 52001, 1821 Rhomberg, 1118134011, $265.00, grass and weeds Jody L Lenstra 817 7th Street Dike IA 50624, 1903 Grace, 1026210007, $120.00, grass, weeds and garbage High Performance Properties 8505 Southern Hills Court Dubuque IA 52003, 1592 Iowa, 1024403002, $1,030.00, grass, weeds and garbage Daniel J Seifker 1838 Central Avenue Dubuque IA 52001, 1838 Central, 1024256005, $100.00, garbage Michelle Scott 607 W 8th Street Dubuque IA 52001, 607 W 8th, 1025130023, $115.00, grass and weeds Dale B and Linda J Walker 1271 Lakeside Drive #3127 Sunnyvale CA 94085, 830 Valentine, 1035305004, $295.00, grass and weeds 6 Secy Housing & Urban Dev 210 Walnut Street Des Moines IA 50309, 1603 Wash- ington, 1024268021, $205.00, grass and weeds Thomas J and Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 215 E 22nd, 1024203023, $140.00, grass and weeds Nottingham Properties LLC 2115 Kennedy Road Dubuque, IA 52001, 1620 White, 1024267006, $350.00, grass, weeds and garbage Thomas E and Mona L Burbach 614 E 22nd Street Dubuque IA 52001, 230 E 15th 1024426004, $265.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1118 White, 1024439006, $210.00, grass, weeds and garbage Henkels & Co Inc. Richard A Henkel 13912 Whistle Wind Lane Dubuque IA 52002, 1812 Central, 1024256008, $196.00, garbage Matthew J and Jeanne A Cottrell 1571 Washington Street Dubuque IA 52001, 1571 Washington, 1024281011, $175.00, grass and weeds Bon Vivant LLC c/o James /Kathy Bauerly 3500 Dodge Street #387 Dubuque IA 52003, 562 Almond, 1024177006, $150.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 2512 Elm, 1 01 341 3009, $190.00, grass, weeds and garbage Wells Fargo Bank NA Trustee c/o American Home Mortg Sery 4600 Regent Blvd Ir- ving TX 75063, 1683 Wisconsin, 1027226015, $65.00, grass and weeds Jeffrey Welter 695 Kane Street Dubuque IA 52001, 695 Kane, 1 01 443301 4, $382.53, grass, weeds and garbage Cottage Estates LC 3500 Dodge Street #387 Dubuque, IA 52003, 752 Cottage, 1023236006, $88.84, garbage Federal Natl Mortg Assoc P 0 Box 650043 Dallas TX 75265, 749 Wilson, 1025131004, $305.00, grass and weeds Scott Volz 1449 Jackson Street Dubuque IA 52001, 1449 Jackson, 1024409011, $95.00, grass and weeds US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1530 Jackson, 1024281006, $135.00, grass and weeds Wells Fargo Bank NA Tr. c/o Ocwen Loan Srv. #705573384 Box 24737 West Palm Beach FL 33416, 556 Clarke, 1024155052, $185.00, grass and weeds Fed Home Loan Mortg Corp 5000 Plano Pkwy Carrollton TX 75010, 705 W 3rd, 1025182012, $210.00, grass and weeds Maurice Kirchberg 1228 Jackson Street Dubuque IA 52001, 1228 Jackson, 1024435011, $400.00, garbage High Performance Properties 8505 Southern Hills Court Dubuque IA 52003, 1496 White, 1024409001, $230.00, garbage Ocean Rock Investments LC 1940 Amelia Drive Dubuque IA 52001, 4060 Peru, 1012176002, $260.00, garbage Dubuque Properties LLC 1805 State Street #103 Bettendorf IA 52722, 2076 Washington, 1024215001, $105.00, garbage Yankee 3 LLC 1664 Washington Street Dubuque IA 52001, 1527 Central, 1024403015, $85.00, garbage Property Investment Group LLC 605 Bluff Street #132 Dubuque IA 52001, 2134 Cen- tral, 1024207008, $150.00, garbage 7 BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1010 University, 1025106004, $250.00, garbage Larry E & Rhonda L Latham 1814 Jackson Street Dubuque IA 52001, 1814 Jackson, 1024258017, $95.00, grass and weeds Jackson Square Estates 3500 Dodge Street #387 Dubuque IA 52003, 1597 Wash- ington, 1024281008, $130.00, garbage Federal Natl Mortg Assn 13455 Noel Road, Suite 600 Dallas TX 75240, 1103 Thomas, 1013436009, $115.00, grass, weeds and garbage Scott Shaffer 502 E 15th Street Dubuque IA 52001, 2911 Jackson, 1013153017, $85.00, grass, weeds and garbage BM Properties LLC 8110 Southern Hills Circle Dubuque IA 52003, 765 Alpine, 1025105025, $160.00, garbage Teodoro Rubio 2630 Roosevelt Street Dubuque IA 52001, 836 Merz, 1013434008, $95.00, garbage Christopher Staebell 189 E 5th Sterling IL 61081, 693 Clarke, 1 0241 0801 3, $95.00, grass and weeds Reed Ray & Rand LC c/o Bonjour Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 925 Garfield, 1118353009, $70.00, garbage Thomas J & Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 2301 White, 1024130012, $280.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1490 Cornell, 1024334001, $255.00, grass, weeds and garbage Cary A & Debra J Mandelka 2660 Greeley Street Dubuque IA 52001, 2660 Greeley, 1013312003, $95.00, grass and weeds Joseph E Healey 2586 Crissy Drive Dubuque IA 52001, 1010 Wilson, 1025104004, $215.00, garbage Antonio G Conley 2512 Broadway Street Dubuque IA 52001, 1104 Riverview, 1013431012, $70.00, grass and weeds Paul R & Kitty A George 710 Merz Street Dubuque IA 52001, 710 Merz, 1013454030, $100.00, grass, weeds and garbage Charles W & Lisa A Wehrspann 13150 Circle Ridge Road Sherrill IA 52073, 3870 Creston, 1021352001, $175.00, grass, weeds and garbage Bijou Estates LC c/o Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 3070 Westmore, 1015382010, $70.00, grass and weeds Thomas P & Julie M Kane 11020 Lakeview Drive Dubuque IA 52003, 2735 Asbury, 1022254003, $115.00, grass and weeds Queck Capital Management P 0 Box 762 Dubuque IA 52004 -0762, 2219 Washington, 1024203014, $80.00, garbage Daniel M & Keri L Keller 481 Sherwood East Dubuque IL 61025, 2162 Washington, 1024210002, $55.00, garbage Stuart G Hoover 850 White Street Dubuque IA 52001, 656 W 11th, 1024385007, $225.00, garbage William J Finn 1860 Heeb Street Dubuque IA 52001, 2010 Shelby, 1024134046, $85.00, grass and weeds Merlin J & Sandra L Meyer 340 Valley Street Dubuque IA 52001, 340 Valley, 1036202005, $95.00, grass and weeds 8 Leroy P & Carol Ruden 412 4th Avenue SE Dyersville IA 52040, 1808 Grace, 1026251005, $70.00, grass and weeds Nathan B & Jennifer M Boyes 14130 Cypress Point Dubuque IA 52002, 977 Cleve- land, 1025378004, $70.00, grass and weeds Curtis J Prado 2230 Francis Street Dubuque IA 52001, 2230 Francis, 1 0241 2901 1, $75.00, grass, weeds and garbage Sec Housing & Urban Dev c/o Michaelson, Connor & Boul 4400 Will Rogers Pkwy #300 Oklahoma City OK 73108, 2224 Francis, 1024129012, $120.00, grass, weeds and garbage Grand Estates LC c/o Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 145 S Grandview, 1026476026, $70.00, grass and weeds Richard Henry Then Testamentary Trust 4812 Then Road Bernard IA 52032, 2062 White, 1024213001, $85.00, garbage US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1494 Jackson, 1024426002, $120.00, grass and weeds OHP 17 LC 2920 Harrison Street Davenport IA 52803, 326 W Locust, 1024329018, $65.00, grass and weeds Garden District Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 75 W 24th 1013377049, $115.00, garbage Stacy L Rhone 2412 White Street Dubuque IA 52001, 2412 White, 1013379010, $290.00, grass, weeds and garbage Residential Funding Co c/o GMAC Mortgage LLC 1100 Virginia Drive Fort Washing- ton PA 19034, 1576 Locust, 1024336003, $190.00, grass and weeds Larry P & Cheryl A Conley 2512 Broadway Street Dubuque IA 52001, 2512 Broad- way, 1013377008, $245.00, grass, weeds and garbage Helicon Resources LLC 800 Spring Street Suite 101 Galena IL 61036, 2404 White, 1013379013, $115.00, garbage Queck Properties LLC P 0 Box 762 Dubuque IA 52004 -0762, 2410 White, 1013379011, $70.00, grass, weeds and garbage John F Fazio & Alicia K Hall 1469 Marjorie Circle Dubuque IA 52002, 1794 Delhi, 1026211002, $185.00, grass, weeds and garbage Mark W Quade 1122 Center Place Dubuque IA 52001, 1118 Center, 1024357006, $230.00, grass, weeds and garbage F28 LLC c/o Jeffrey K Bair 514 Loras Boulevard Dubuque IA 52001, 514 Loras, 1024340001, $65.00, grass and weeds Christopher F Curfman 765 Kelly Lane Dubuque IA 52003, 82 Alpine, 1025303003, $80.00, grass and weeds William J Kelly Jr 911 Tressa Street Dubuque IA 52003, 1711 W 3rd, 1026252025, $75.00, grass and weeds Mark P & Deborah A McDonough 10946 Mockingbird Drive Peosta IA 52068, 855 W 5th, 1025176005, $35.00, grass and weeds Aaron D & Brianna L Locke 321 Monroe Street Dubuque IA 52001, 321 Monroe, 1013310005, $205.00, garbage West Locust Properties LLC 800 Spring Street #101 Galena IL 61036, 460 W Lo- cust, 1024179004, $70.00, grass and weeds 9 GNP LLC 1700 Auburn Street Dubuque IA 52001, 1480 Cornell, 1024334003, $100.00, grass and weeds Tri -State Property Mgmt 485 Locust Street Dubuque IA 52001, 641 W 11th 1024381018, $95.00, grass and weeds Robert J & Maribeth P Devereaux P 0 Box 684 Elk Grove Village IL 60009, 2850 Burlington, 1014428006, $331.00, garbage David A & Kathy M Dickey 2088 Hummingbird Drive Dubuque IA 52002, 1866 Jack- son, 1024258003, $85.00, garbage 14th Street Properties LLC 800 spring Street #101 Galena IL 61036, 232 E 14th 1024430002, $100.00, garbage Nicholas J & Leann S May 910 Lincoln Avenue Dubuque IA 52001, 910 Lincoln, 1013477005, $75.00, garbage Mardi Gras Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 2586 Central, 1013376002, $65.00, garbage Nottingham Properties LLC 2115 Kennedy Road Dubuque IA 52002, 2006 Hum- boldt, 1 01 347701 8, $75.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 1029 W 5th, 1025108018, $135.00, garbage Meyer Brothers of Dubuque LLP 205 Kaufmann Avenue Dubuque IA 52001, 2631 Washington, 1013330031, $170.00, grass and weeds Vacant and Abandoned Building and Problem Property Assessments: City Manager recommending adoption of a resolution authorizing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treas- urer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 4 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in ac- cordance with Title 6- 6 -3B1h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 4 -12 AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1H; TITLE 6 -6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are al- lowed to deteriorate according to 6 -6 -3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 10 Section I. That the persons listed on the attached VAB /Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2.That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 3rd day of January, 2012. Ric W Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Vacant And Abandoned Building And Problem Property Charges Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 22nd, 1024211001, $3,025.00, deconstruct garage, steps and porch Barbara Travis 700 English Lane Dubuque IA 52003, 517 Rhomberg, 1024229009, $2,020.00, remove % garage, rebuild gable end Stuart Hoover 850 White Street Dubuque IA 52001, 656 W 11th, 1024385007, $170.00, remove back porch and secure door Iowa Department of Transportation - Highway Corridor Preservation Notice of Re- newal: City Manager transmitting correspondence from the Iowa Department of Trans- portation regarding their intent to renew the Corridor Preservation Zone in Dubuque County along U.S. 20 from the Peosta interchange easterly to the intersection with the Northwest Arterial in Dubuque. Upon motion the document was received and filed. Citizen Correspondence - Traffic Cameras: Correspondence from Gary Hughes of Marion, Iowa, regarding the legality of traffic cameras. Upon motion the document was received and filed. Global Smart City Summit: City Manager submitting information on Mayor Roy D. Buol's participation in the Global Smart City Summit, December 14 -16, 2011 in Tainan, Taiwan. Upon motion the documents were received and filed. Signed Contracts: A) Contract with R &R Mills Trucking Company for removal of top soil at the former Dubuque Packing Plant parking lot site, B) Contract with McCullough & Associates for schedule analysis related to the Water Pollution Control Plant Modifica- tion Project, C) Contract with KJWW Engineering Consultants for close -out activities re- lated to the Carnegie -Stout Public Library Renovation Project, D) Contract with the Iowa Department of Economic Development Authority for CDBG Watershed Management Authority Phase I. Upon motion the documents were received and filed. Alcohol License Renewals: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and 11 filed and Resolution No. 5 -12 Approving the issuance of a Class "B" Beer Permit to United Automobile Workers #94, and a Class "C" Beer Permit to Hartig Drug Store #4; and Resolution No. 6 -12 Approving the issuance of a Class "B" Hotel /Motel Liquor Li- cense to Chammps Americana, a Class "C" Beer /Liquor License to Breezer's Pub, and a Class "B" Wine Permit to Hartig Drug Store #4 were adopted. RESOLUTION NO. 5 -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 appli- cants a Beer Permit. CLASS "B" BEER PERMIT Intern'I Union UAW Local # 94, United Automobile Workers (Sunday Sale), 3450 Central CLASS "C" BEER PERMIT Hartig Drug Company, Hartig Drug # 4 +(Sunday Sale), 2225 Central Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 6 -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. 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 appli- cants a Liquor License. Class "B" (Hotel /Motel) Liquor License Best Western Plus DBQ Hotel, Champps Americana (Sunday /Outdoor Sale), 3100 Dodge St Class "C" Beer /Liquor License Breezers Pub Company, Breezers Pub +(Sunday Sale), 600 Central Av Class "B" Wine Hartig Drug Company, Hartig Drug # 4, 2225 Central Av Passed, approved and adopted this 3rd day of, January 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 12 BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Sister City Relationships Advisory Commission: Two 3 -year terms through February 1, 2015 (expiring terms of Jochum and McNamara). Applicants: Jeffrey Jochum, 3750 Aerostar Drive; Patrick McNamara, 1041 Shady Oaks Drive. Mr. Jochum and Mr. McNamara both spoke in support of their respective appointments. Appointments to the following Boards /Commissions: Housing Code Appeals Board: One 3 -year term through January 11, 2015 (Expiring term of Miller). Applicant: Fred Miller, 2462 Central Avenue. Motion by Braig to appoint Fred Miller to the Housing Code Appeals Board for a 3 -year term through January 11, 2015. Seconded by Connors. Motion carried 7 -0. Investment Oversight Advisory Commission: One 3 -year term through July 1, 2012 (Vacant term of Melendez). Applicant: Ashlie Simonson, 44 S. Algona Street. Motion by Braig to appoint Ashlie Simonson to the remainder of a 3 -year term through July 1, 2012. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Green Alley Permeable Pavers Project (17th - 18th between Jackson and Washington Streets): Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost; adopt the Resolution of Necessity and the Preliminary Schedule of Assessments for the Green Alley Permeable Pavers Project (17th - 18th, between Jackson & Washington Streets); and the City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 7 -12 Approval of plans, specifications, form of contract, and esti- mated cost for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson & Washington Streets); Resolution No. 8 -12 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Green Alley Permeable Pavers Project (17th - 18th Between Jackson & Washington Streets); and Resolution No. 9 -12 Approv- ing Schedule of Assessments and estimate of total cost for the Green Alley Permeable Pavers Project (17th - 18th Between Jackson & Washington Streets). Seconded by Resnick. Motion carried 7 -0. RESOLUTION NO. 7 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH - BETWEEN JACKSON & WASHINGTON STREETS) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 13 That the proposed plans, specifications, form of contract and estimated cost for the Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets), in the estimated amount $185,242.17, are hereby approved. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 8 -12 WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PRO- POSED FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) Whereas, the City Council has proposed a Resolution of Necessity for the Green Al- ley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, with- out amendment, and all objections filed or made having been duly considered are over- ruled. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 9 -12 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH BETWEEN JACKSON & WASHINGTON STREETS) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the [provided] plat, schedule of assessments, and estimate of total cost for the Green Alley Permeable Pavers Project (17th — 18th between Jackson & Washington Streets) are hereby approved. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk A.Y. McDonald State Assistance - Application Amendment: Proof of publication on notice of public hearing to consider modifying the application for financial assistance submitted to the Iowa Economic Development Authority on behalf of A.Y. McDonald and the City Manager recommending approval. Motion by Braig to receive and file the doc- uments and adopt Resolution No. 10 -12 Approving issuance of Urban Renewal Tax In- crement Revenue Obligations and the execution of a Development Agreement relating thereto with A.Y. McDonald Mfg., Co. Seconded by Lynch. Motion carried 7 -0. 14 RESOLUTION NO. 10 -12 APPROVING ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH A.Y. MCDONALD MFG CO. Whereas, the City Council, by Resolution No. 436 -11, dated December 19, 2011 de- clared its intent to enter into a Development Agreement with A.Y. McDonald Mfg. Co., and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on December 19, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carry- ing out an Urban Renewal Plan as hereinafter described 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 attached Development Agreement by and between the City of Dubuque, A.Y. McDonald Mfg., Co. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. 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 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Senator Harkin - Historic Federal Building Lease Renewal: Proof of publication on no- tice of public hearing to consider a nine -year lease extension with Senator Harkin for office space in the Historic Federal Building and the City Manager recommending ap- proval. Motion by Lynch to receive and file the documents and adopt Resolution No. 11- 12 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and the Federal Government on behalf of Senator Harkin. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 11 -12 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND THE FEDERAL GOVERNMENT ON BEHALF OF SENATOR HARKIN Whereas, the City of Dubuque, Iowa (City) owns the real property described as the Historic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa; and Whereas, City and the Federal Government have negotiated a 9 year Lease Agree- ment for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and 15 Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and the Federal Government is here- by approved and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Purina Drive Weigh Scale House Building Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and es- timated cost for the Purina Drive Weigh Scale House Project and the City Manager rec- ommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 12 -12 Approval of plans, specifications, form of contact, and estimated cost for the Purina Drive Weigh Scale House Building Project. Seconded by Resnick. Responding to questions from City Council, Public Works Manager Don Vogt stated that the current building is inadequate in terms of no restroom, water, or sewer connections and has been cited by the Corps of Engineers. The new building is intended to be a permanent facility. Motion carried 7 -0. RESOLUTION NO. 12 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Purina Drive Weigh Scale House Building Project, in the estimated amount $149,713.00, are hereby approved. Passed, adopted and approved this 3rd day of January, 2012. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Five Flags Center Annual Report and Activities Update: City Manager transmitting the Annual Report for Five Flags. Five Flags Manager Joyce White, who is employed by SMG, the private management company for Five Flags, made a verbal presentation to the City Council on the update of activities in the current fiscal year and plans for the future. Highlights included financial and budget information, review of past and upcom- ing events, and community relations efforts. Motion by Connors to receive and file doc- uments. Seconded by Resnick. Motion carried 7 -0. 16 Blue Zones Project Application - Commitment Letters: City Manager recommending approval and execution of commitment letters for the Blue Zones Project by the individ- ual City Council Members, the City Manager and the Public Health Specialist. Motion by Connors to receive and file the documents and approve the recommendation. Second- ed by Braig. Public Health Specialist Mary Rose Corrigan introduced members of the Blue Zone Project Team. Motion carried 7 -0. Sustainable Dubuque - Request for Work Session: City Manager requesting setting the date for the quarterly Sustainable Dubuque work session for Monday, February 20, at 5:00 p.m. to be held in Council Chambers. Motion by Connors to receive and file the documents and set the work session for February 20 at 5:00 p.m. in the Historic Federal Building. Seconded by Resnick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Jones reported on the upcoming opening ceremonies of the Special Olympics on January 9 at 6:00 p.m. at the Grand Harbor Hotel. There being no further business, upon motion the City Council adjourned at 7:29 p.m. /s /Kevin S. Firnstahl City Clerk 17