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8 4 14 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 4, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick (via conference phone), Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Health Center Week (August 10-16, 2014) was accepted by Public Health Specialist and Crescent Community Health Center Board Chair Mary Rose Corrigan and CHC Ex- ecutive Director Julie Woodyard, 1789 Elm Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 7/21; Human Rights Commission of 6/14; Investment Oversight Advisory Commission of 7/23; Library Board of Trustees Update of 7/24; Proof of Publication for City Council proceedings of 7/7. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Dwayne and Susan Murphy for property damage, An- drew Schroeder for property damage, Zuhdija Zulic for property damage; City of Dubu- que vs. Dena Kurt et. al. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Dwayne and Susan Murphy for property damage, Steve Maker for vehicle for property damage. Upon motion the documents were received, filed and concurred. 1 4. Government Finance Officers Association - Certificate of Achievement: City Man- ager transmitting the 26th consecutive Certificate of Achievement for Excellence in Fi- nancial Reporting from the Government Officer's Finance Association (GFOA). Upon motion the document was received and filed. 5. Multicultural Family Center - Phase II Renovation: City Manager recommending approval of the consultant selection committee's recommendation for hiring Selser Schaefer Architects to provide architectural design and construction administration ser- vices for the Multicultural Family Center — Phase II Renovation Project. Upon motion the documents were received, filed and approved. 6. Property Acquisition - 321 E. 22nd Street: City Manager recommending approval to purchase a residential dwelling located at 321 E. 22nd Street owned by Gary E. Bay and Susan M. Bay as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolu- tion No. 225-14 Approving the acquisition of real estate owned by Gary E. Bay and Su- san M. Bay in the City of Dubuque was adopted. RESOLUTION NO. 225-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY GARY E. BAY AND SUSAN M. BAY, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate as necessary for the Bee Branch Creek Restoration Project (the Project) for stormwater mitigation activi- ties as recommended in the 2001 "Drainage Basin Master Plan"; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the Owners of this certain real estate proposed that the City of Dubuque acquire the certain real estate legally described as follows (the Property): Lot 2 of 2 and East YZ of Lot 90 & Lot 1 of 1 of East YZ of Lot 91 all in East Dubu- que Addition; Lots 5 and 6 in Morgan's Subdivision; South 1/2 of the South 1/5 of Lot 490; Lot 2 of Lot 3 in Kemp's Subdivision subject to "private alley" all in the City of Dubuque, Iowa; and Whereas, the City has executed a Programmatic Agreement among the U.S. Army Corps of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Office and the City of Dubuque regarding the construction of the Project which requires the City to ensure that the Property is protected from the adverse effects of construction; and Whereas, the Project requires excavation and construction activities within close proximity of the Property; and Whereas, ownership of the Property would allow the City latitude to protect the build- ing and deal with impacts that arise before, during, and after construction of the Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and 2 Whereas, a purchase agreement has been finalized with the owners of the real es- tate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the Owners. 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 approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to- gether with a certified copy of this Resolution. Section 4. That the City Attorney be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Quarterly Investment Report - June 30, 2014: City Manager transmitting the June 30, 2014 Quarterly Investment Report. Upon motion the documents were received and filed. 8. AmeriCorps Partners in Learning Grant Award 12-13 (Grant 12 -AC -13): City Man- ager recommending approval of the grant agreement with the Iowa Commission on Vol- unteer Service for the City of Dubuque AmeriCorps Program. Upon motion the docu- ments were received, filed and approved. 9. Lamar Companies Lease: City Manager recommending approval of a Renewal Lease Agreement with the Lamar Companies for a term commencing July 1, 2014, and terminating June 30, 2015 to allow for a Lamar -owned sign on City property at 280 South Locust Street. Upon motion the documents were received, filed and approved. 10. Stipulation of Settlement - AMC Showplace Theatres, Inc. Property Tax Appeals: City Attorney recommending approval of a Stipulation of Settlement with AMC Show- place Theaters, Inc., for property tax appeals. Upon motion the documents were re- ceived, filed and approved. 11. Approval of Plat - Aviation Drive: City Manager recommending approval of the plat of City property, which includes Aviation Drive, in order for Dubuque County to for- mally recognize and assign the name. Upon motion the documents were received and filed and Resolution No. 226-14 Approving the Plat of Roadway Easement for a Perma- nent Roadway Easement Located in the Northwest Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa Hereinafter Known as Lot A of Said Northwest Quarter was adopted. 3 RESOLUTION NO. 226-14 APPROVING THE PLAT OF ROADWAY EASEMENT FOR A PERMANENT ROAD- WAY EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA HEREINAFTER KNOWN AS LOT A OF SAID NORTH- WEST QUARTER Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat of roadway easement dated the 27th day of January, 2014, prepared by WHKS for a permanent roadway easement located in the Northwest Quarter of Section 35, Town- ship 88 North, Range 2 East of the 5th principal meridian, Dubuque County, Iowa, here- inafter known as Lot A of said Northwest Quarter; and Whereas, Lot A is for public roadway purposes and roadway improvements will be con- structed and maintained by the City of Dubuque; and Whereas, said public roadway shall be known as Aviation Drive; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 27th day of January, 2014, prepared by WHKS relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Approval of Plats - Jecklin Lane: City Manager recommending approval of the plats of City property for the relocated Jecklin Lane. Upon motion the documents were received and filed and Resolution No. 227-14 Approving the Acquisition Plat for Tract A for the Relocation of Jecklin Lane and Tract B for the Vacation of Existing County Road Right of Way in Lot 1 of the Replat of the Southwest Quarter of the Southwest Quarter in Section 22, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa; and Resolution No. 228-14 Approving the Acquisition Plat for Tract A for the Relocation of Jecklin Lane in Lot 1 of the Replat of the Northwest Quarter of the Northwest Quarter, and Tract B for the Vacation of Existing County Road Right of Way in the Northeast Quarter of the Northwest Quarter, and In Lot 1 of the Northwest Quar- ter of the Northwest Quarter all in Section 27, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, were adopted. RESOLUTION NO. 227-14 APPROVING THE ACQUISITION PLAT FOR TRACT A FOR THE RELOCATION OF JECKLIN LANE AND TRACT B FOR THE VACATION OF EXISTING COUNTY ROAD RIGHT OF WAY IN LOT 1 OF THE REPLAT OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 22, TOWNSHIP 88 NORTH, RANGE 2 4 EAST OF THE 5TH PRINICIPAL MERIDIAN, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an acquisition plat dated the 27th day of January, 2014, prepared by WHKS for Tract A for the relocation of Jecklin Lane and Tract B for the vacation of existing county road right of way in Lot 1 of the Replat of the Southwest Quarter of the Southwest Quarter in Section 22, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 27th day of January, 2014, prepared by WHKS relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 228-14 APPROVING THE ACQUISITION PLAT FOR TRACT A FOR THE RELOCATION OF JECKLIN LANE IN LOT 1 OF THE REPLAT OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, AND TRACT B FOR THE VACATION OF EXISTING COUNTY ROAD RIGHT OF WAY IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, AND IN LOT 1 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER ALL IN SECTION 27, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council for the City of Dubuque, Iowa, an acquisition plat dated the 27th day of January, 2014, prepared by WHKS for Tract A for the relocation of Jecklin Lane in Lot 1 of the Replat of the Northwest Quarter of the Northwest Quarter, and Tract B for the vacation of existing county road right of way in the Northeast Quarter of the Northwest Quarter, and in Lot 1 of the Northwest Quarter of the Northwest Quarter, all in Section 27, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 27th day of January, 2014, prepared by WHKS relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. 5 Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Approval of Plat — Merlin Lane: City Manager recommending approval of the plat of City property that includes the relocated Merlin Lane. Upon motion the documents were received and filed and Resolution No. 229-14 Approving the Acquisition Plat of Lot B for the Relocation of Merlin Lane Located in the Southeast Quarter of the Northwest Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, was adopted. RESOLUTION NO. 229-14 APPROVING THE ACQUISITION PLAT OF LOT B FOR THE RELOCATION OF MERLIN LANE LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an acquisition plat dated the 27th day of January, 2014, prepared by WHKS for the relo- cation of Merlin Lane located in the Southeast Quarter of the Northwest Quarter of Sec- tion 35, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque Coun- ty, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 27th day of January, 2014, prepared by WHKS relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and di- rected to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Mediacom Communications Company: Correspondence from Mediacom Com- munications Company advising the City of channel relocations that will take place on or about September 1, 2014. Upon motion the document was received and filed. 15. Improvement Contracts/Maintenance Bonds: Fred Jackson Tuckpointing Co., Inc. for the North Softening Basins Rehabilitation Project; Portzen Construction, Inc. for the John F. Kennedy Rd. and Wacker Drive Traffic Signal Replacement Project. Upon mo- tion the documents were received, filed and approved. 6 16. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 230-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 230-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals National Mississippi River Museum & Aquarium 350 & 400 E Third St. Class C Liquor, Class B Native Wine (Outdoor) (Catering) (Sunday) Road Ranger #159 2175 Central Ave. Class C Beer, Class B Wine (Sunday) Ron's Discount Smokes Cen- ter 1 3300 Asbury Rd. Class C Beer, Class B Native Wine (Sunday) Texas Roadhouse 845 Wacker Dr. Class C Liquor (Outdoor) (Catering) (Sunday) The Lift 180 Main St. Class C Liquor (Sunday) Tri-State Independent Blind Society Inc. 3333 Asbury Rd. Special Class C Liquor West Dubuque Tap 1701 Asbury Class C Liquor (Sunday) corner grill 1689 Elm St. Special Class C Liquor (Outdoor) Special 10`h Annual Irish Hooley 8-22-14 Alliant Amphitheater Class B Beer (Outdoor) Summer's Last Blast 8-22-14 Town Clock Plaza Class B Beer (Outdoor) National Mississippi River Museum & Aquarium 8-7-14 350 & 400 E Third St. Parking lot Class C Liquor, Class B Native Wine (Outdoor) (Catering) (Sunday) Passed, approved and adopted this 4"' day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 7 Roy D. Buol, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch 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 Connors. Motion carried 7-0. 1. Intent to Dispose of Property by Easement - Jecklin Lane: City Manager recom- mending setting a public hearing for August 18, 2014 on the disposition of a portion of Jecklin Lane. Upon motion the documents were received and filed and Resolution No. 231-14 Setting a public hearing on the disposition of property by easement to Dubuque County was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2014 in the Historic Federal Building. RESOLUTION NO. 231-14 SETTING A PUBLIC HEARING ON THE DISPOSITION OF PROPERTY BY EASE- MENT TO DUBUQUE COUNTY Whereas, the City of Dubuque is constructing a new airport terminal at the Dubuque Regional Airport; and Whereas, as part of the construction project the airport was required to extend the runway safety area to comply with Federal Aviation Administration (FAA) requirements; and Whereas, extension of the runway safety area required the relocation of a portion of Jecklin Lane, a county roadway; and Whereas, the portion of Jecklin Lane was relocated onto City of Dubuque property; and Whereas, it was, and is, in the best interests of the City and Dubuque County for Jecklin Lane to be relocated onto City property yet remain a county road; and Whereas, Dubuque County has agreed to accept an easement for the relocated Jecklin Lane on City property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council sets a public hearing on the Easement Agreement with Dubuque County for August 18, 2014 at 6:30 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Intent to Dispose of Property by Easement - Merlin Lane: City Manager recom- mending setting a public hearing for August 18, 2014 on the disposition of a portion of Merlin Lane. Upon motion the documents were received and filed and Resolution No. 232-141 Setting a public hearing on the disposition of property by easement to Dubuque County was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 18, 2014 in the Historic Federal Building. 8 RESOLUTION NO. 232-14 SETTING A PUBLIC HEARING ON THE DISPOSITION OF PROPERTY BY EASE- MENT TO DUBUQUE COUNTY Whereas, the City of Dubuque is constructing a new airport terminal at the Dubuque Regional Airport; and Whereas, as part of the construction project a new entrance road is being construct- ed; and Whereas, construction of the new entrance road requires the relocation of a portion of Merlin Lane, a county roadway; and Whereas, the portion of Merlin Lane was relocated onto City of Dubuque property; and Whereas, it was, and is, in the best interests of the City and Dubuque County for Merlin Lane to be relocated onto City property yet remain a county road; and Whereas, Dubuque County has agreed to accept an easement for the relocated Mer- lin Lane on City property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council sets a public hearing on the Easement Agreement with Dubuque County for August 18, 2014 at 6:30 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Dubuque Technology Park - Economic Development District Amendment: City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Eco- nomic Development District is both necessary and appropriate, and sets a public hear- ing on the proposed amendment for September 2, 2014. Upon motion the documents were received and filed and Resolution No. 233-14 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Technology Park Economic Devel- opment District meet the definition of an Economic Development Area Under the Urban Renewal Law, that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a pro- posed amendment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Sep- tember 2, 2014 in the Historic Federal Building. RESOLUTION NO. 233-14 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE ESTABLISHED DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UN- DER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PRO - 9 POSED AMENDMENT TO THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 179- 14, adopted June 16th, 2014, approved the Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District (the "District") in order to provide redevelopment opportunities which will further economic development purposes and objectives as described in the Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 of the Iowa Code and should be included therein; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so desig- nating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Sub -Area C generally described in Exhibit A to this Resolution, which is proposed to be added to the District, is an economic development area as de- fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the City Manager is authorized and directed to prepare an amend- ment to the Urban Renewal Plan for the Dubuque Technology Park Economic Devel- opment District, such amendment to include Sub -Area C within the District and such other modifications to the property contained within the District as may be appropriate, and setting forth the urban renewal projects that are currently expected to be undertak- en in the District, and the City Manager is further authorized to determine an appropriate date for and conduct the consultation process required by law with affected taxing enti- ties concerning the proposed amendment. Section 3. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Development District on September 2nd, 2014 at 6:30p.m. in the Historic Fed- eral Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the area to be covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such ar- ea, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of pub- lic hearing shall be sent by ordinary mail to the affected taxing entities. Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 4th day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 10 Roy D. Buol, Mayor BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting: 1. Housing Commission: One, 3 -year term through August 17, 2017 (Expiring term of Baumhover). Applicant: Rick Baumhover, 601 Garfield Ave #104. Motion by Lynch to appoint Rick Baumhover to a 3 -year term through August 17, 2017. Seconded by Con- nors. Motion carried 7-0. 2. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant term of Helgager). Applicants: Nikkole Nutter, 2897 Asbury Rd.; Susan Stone, 1384 So- lon St. Upon roll call vote of 7-0, Susan Stone was appointed to a 3 -year term through January 1, 2016. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council and the following items. 1. Elm Street Parking Lot Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the Elm Street Parking Lot Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 234-14 Approval of plans, specifications, form of contract, and estimated cost for the Elm Street Parking Lot Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 234-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE ELM STREET PARKING LOT 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 Elm Street Parking Lot Project, in the estimated amount $567,068.76, are hereby ap- proved. Passed, adopted and approved this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. SRF Green Alley Project Bid Set 5 - Year 1: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the SRF Green Alley Project Bid Set 5 - Year 1 and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 235-14 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid Set 5 — Year 1 Project; Resolution No. 236-14 Resolu- tion with Respect to the Adoption of the Resolution Of Necessity Proposed for the SRF Green Alley Bid Set 5 — Year 1 Project; and Resolution No. 237-14 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 5 — Year 1 Project. Seconded by Connors. Motion carried 7-0. 11 RESOLUTION NO. 235-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 5 — YEAR 1 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 SRF Green Alley Bid Set 5 — Year 1 Project, in the estimated amount $138,880.63, are hereby approved. Passed, adopted and approved this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 236-14 RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 5 — YEAR 1 PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 5 — Year 1 Project and has given notice of the public hearing there- on 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, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 237-14 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 5 — YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 5 — Year 1 Project are hereby approved. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. SRF Green Alley Project Bid Set 1 - Year 2: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Project Bid Set 1 - Year 2 and the City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt Resolu- 12 tion No. 238-14 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid Set 1 — Year 2 Project; Resolution No. 239-14 Resolu- tion with Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 1 — Year 2 Project; and Resolution No. 240-14 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 1 — Year 2 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 238-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 2 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 SRF Green Alley Bid Set 1 — Year 2 Project, in the estimated amount $916,106.95, are hereby approved. Passed, adopted and approved this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 239-14 RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 2 PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 1 — Year 2 Project and has given notice of the public hearing there- on 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, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 240-14 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 1 — Year 2 Project are hereby approved. 13 Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Serenity Ridge Subdivision: Developer John Herrig requesting to address the City Council regarding the intersection of Plaza Drive and Derby Grange Road related to Se- renity Ridge Subdivision. Motion by Connors to receive and file the documents and refer to the City Manager. Seconded by Jones. Mr. Herrig, 13570 Surrey Lane, described the issue surrounding the connection of Plaza Drive to Derby Grange Road in terms of speed limit, visibility and costs. Mr. Herrig offered to provide a portion of the associated costs citing that the improvement would be of benefit to the City in terms of economic development and EMS access. City Manager Van Milligen stated that he is available to meet with Mr. Herrig to discuss the issue further. Motion carried 7-0. 2. Convention and Visitors Bureau Quarterly Report: Executive Director Keith Rahe provided a verbal quarterly report for the Dubuque Convention and Visitors Bureau. Mo- tion by Connors to receive and file the information. Seconded by Jones. Mr. Rahe high- lighted the 2014 America's River Festival, tourism growth, community branding, eco- nomic impact, quality of life, visitor demographics, tours and events, economic impact, and hotel occupancy. Motion carried 7-0. 3. Code of Ordinances Amendment - Title 12 Airport Commissions: City Manager recommending approval of a new Title 12 for three ordinances which provides for ad- ministration and enforcement of the Airport, creates the office of Airport Administrator, establishes general and Airport zoning regulations, and establishes the Airport Com- mission, Airport Zoning Commission, and Airport Zoning Board of Adjustment. 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 Connors. Airport Man- ager Bob Grierson explained the changes in outdated code language. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 51-14 Amend- ing City of Dubuque Code of Ordinances Title 12 Airport By Repealing Title 12 Airport and Adopting a New Title 12 Airport In Lieu Thereof Providing for Administration and Enforcement of the Airport; Creating the Office of Airport Administrator; Establishing General Regulations for the Airport; Establishing Airport Zoning Regulations; Establish- ing the Airport Commission; Establishing the Airport Zoning Commission; and Establish- ing the Airport Zoning Board of Adjustment. Seconded by Connors. Motion carried 7-0. 14 OFFICIAL PUBLICATION ORDINANCE NO. 51-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 12 AIRPORT BY REPEALING TITLE 12 AIRPORT AND ADOPTING A NEW TITLE 12 AIRPORT IN LIEU THEREOF PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THE AIRPORT; CREATING THE OFFICE OF AIRPORT ADMINISTRATOR; ESTABLISH- ING GENERAL REGULATIONS FOR THE AIRPORT; ESTABLISHING AIRPORT ZONING REGULATIONS; ESTABLISHING THE AIRPORT COMMISSION; ESTAB- LISHING THE AIRPORT ZONING COMMISSION; AND ESTABLISHING THE AIR- PORT ZONING BOARD OF ADJUSTMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 12 of the City of Dubuque Code of Ordinances is amended to read as follows: Title 12 AIRPORT Chapter 1 ADMINISTRATION AND ENFORCEMENT 12-1-1: AIRPORT MANAGER: A. Office Created: The office of airport manager is hereby created, who shall perform such duties as shall from time to time be required by the Airport Commission. B. Duties: In addition to general management and supervision of the airport, including the regulation of all activities connected therewith, the airport manager shall be respon- sible for all activities of the civil landing area, the continued maintenance of the civil landing area with adequate personnel, its protective facilities; acting to ensure the oper- ation of civil aircraft, persons, and businesses are in compliance with any rules or regu- lations prescribed by the airport commission; issuing all permits approved by the airport commission; and collecting all fees prescribed by ordinances of the city or the rules and regulations provided for in this title. Chapter 2 GENERAL REGULATIONS 12-2-1: NAME: The airport located in Table Mound township now the property of the city is hereby named "Dubuque Regional Airport". 12-2-2: GOVERNMENT REGULATIONS ADOPTED: The federal aviation regulations and policies as established by the federal aviation administration are hereby adopted by reference and made a part of this chapter. 12-2-3: PERMITS REQUIRED: No person shall use the airport as a base or terminal for operating a commercial activity or for the sale of refreshments or of any other com- modity, gasoline, oil, or any other merchandise, or rendering any services for hire within the confines of the airport without having first secured any permits required per Airport Commission Policy. 12-2-4: VIOLATIONS; EJECTION OF OFFENDERS: Any person operating or han- dling any aircraft or vehicle in violation of the provisions of this title, the rules and regula- tions promulgated hereunder, or amendments thereto, or who refuses to comply there- with may be promptly removed and ejected from the airport by or under authority of the airport manager, and, upon the written order of the airport manager, may be denied the 15 further use of the airport and its facilities for such length of time as may be required to ensure the safety of the airport and the public and its interest therein. 12-2-5: OFF -AIRPORT CAR RENTAL BUSINESS: No person operating a car rental business shall pick up a person at the airport for the purpose of renting to such person a car or other motor vehicle without a prior written agreement with the airport commission to conduct such car rental business. 12-2-6: PARKING LOTS ESTABLISHED; FEES: A. Rules And Regulations: The airport commission is authorized and directed to es- tablish parking rules and regulations for the parking lots at the Dubuque regional airport consistent with the City of Dubuque parking ordinances. B. Parking Fees: The airport commission is authorized to establish parking fees at the airport. It shall be unlawful for any person to park at the airport without paying the established parking fee. Chapter 3 AIRPORT ZONING REGULATIONS 12-3-1: SHORT TITLE: This chapter shall be known and may be cited as the DUBU- QUE REGIONAL AIRPORT ZONING RESOLUTION. 12-3-2: DEFINITIONS: As used in this chapter, unless the context otherwise requires, certain terms and words shall be construed as provided in this section: AIRPORT: The Dubuque regional airport and the lands embraced by the description as provided in the most current exhibit A documentation located at the airport adminis- trative offices. AIRPORT HAZARD: Any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 CFR 77 and which obstructs the air- space required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft. AIRPORT REFERENCE POINT: Latitude 42 degrees 24'07°16", longitude 90 de- grees 42'34°14". Airport elevation one thousand seventy six feet (1,076') mean sea lev- el. BOARD: The airport zoning board of adjustment created by the provisions of section 12-6-1 of this chapter. USABLE LANDING AREA: That portion of the airport which is used or intended to be used for actual landings or takeoffs of aircraft at the airport. 12-3-3: ZONES: A. Generally: In order to carry out the purpose of this chapter, airport airspace creat- ed by this section must embrace the airport, and the area in, around, adjacent to, and surrounding the published approach and departure corridors of the airport. B. Class D Navigable Airspace: 1. The Dubuque regional airport is surrounded by class D navigable airspace. This airspace is controlled during operating hours of the air traffic control tower and ex- tends five (5) statute miles from the airport and upward to two thousand five hun- dred feet (2,500') above ground level. 2. Imaginary surfaces are established with relation to the airport and each runway. The size, slope, and dimension of each imaginary surface is based on the catego- ry of approach for each designated runway, as established under 14 CFR 77. Air - 16 port imaginary surfaces are continually updated and are available from airport ad- ministration. 12-3-4: HEIGHT LIMITATIONS: A. Generally: Except as otherwise provided in this chapter, no structure that pene- trates the zones may be erected, created, established, replaced, rebuilt, altered, al- lowed to grow, or replanted in any zone described in section 12-3-3 of this chapter to a height in excess of the height limits established by this section for the respective zones. B. Height and Hazard Zoning Map: No obstruction shall be erected, created, estab- lished, planted, or allowed to grow in any imaginary surface area, in excess of height limits established under 14 CFR 77 regulations and the Dubuque regional airport height and hazard limitation map. These height limitations are continually updated and are available from airport administration. 12-3-5: LAND AND NONCONFORMING USE RESTRICTIONS: A. Land: Notwithstanding any other provisions of this chapter, no use may be made of land in any of the zones described in section 12-3-3 of this chapter, in such a manner as to create electrical interference with radio communications between aircraft and ground stations, make it difficult for operators of aircraft to distinguish between lights on the airport intended for aid in landing or taking off thereat or in aerial navigation, and other lights, result in glare to the eyes of the operators of aircraft using the airport, im- pair visibility in any of such zones or otherwise make hazardous the landing or taking off of aircraft at the airport or the maneuvering of aircraft in connection with such landings or takeoffs; provided, however, that the mere height of trees or structures on any land in said zones conforming to the height restrictions prescribed in section 12-3-4 of this chapter shall not constitute a use of land in violation of this section. B. Nonconforming Uses: The regulations prescribed in this chapter shall not be so construed as to require the removal, lowering, changing or altering of any nonconform- ing structure or tree nor as to otherwise interfere with any nonconforming use of land nor as to require any change in the construction, alteration or intended use of any struc- ture, the construction or alteration of which was begun prior to the effective date of reso- lution 52-52 and which was diligently prosecuted and completed within one year from the date thereof; provided, however, that the owner of any nonconforming structure or tree is hereby required to permit the city and county, or either of them, at the expense of such city or county to install, operate and maintain thereon such markers and lights as shall be deemed by such city or county to be necessary to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. 12-3-6: ENFORCEMENT: The regulations prescribed by this chapter shall be admin- istered and enforced by the airport zoning commission created by Chapter 5 of this title and a resolution adopted by the board of supervisors of the county. Such commission may select an administrator of airport zoning regulations to assist in the performance of its duties, none of whom shall be members of the board of adjustment. 12-3-7: CONFLICTING REGULATIONS: In the event of any conflict between the re- quirements of this chapter and any other regulations applicable to the same area, the more stringent limitation or regulation shall govern and prevail. Chapter 4 AIRPORT COMMISSION 12-4-1: COMMISSION CREATED: There is hereby created the Airport Commission. 17 12-4-2: PURPOSE: The purpose of the commission is to manage, control, and oper- ate the Dubuque Regional Airport. 12-4-3: INTERNAL ORGANIZATION AND RULES: The commission shall promulgate and put in force such rules and regulations as shall be deemed necessary and appro- priate for the order, operation, management, control and supervision of the Dubuque Regional Airport. 12-4-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its opera- tions, except where the policies are in conflict with the regulations of the Federal Avia- tion Administration, the Transportation Security Administration, or the Iowa Department of Transportation. 12-4-5: MEMBERSHIP: A. The commission comprises five (5) residents of the city, appointed by the city council. B. No person may be appointed or reappointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (1/2) of the membership of the commission plus one (1) unless the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commis- sion for a period of three (3) months but has been unable to make a compliant appoint- ment. The city must utilize a fair and unbiased method of selecting the best qualified applicants. 12-4-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 12-4-7: TERMS: The term of office for commissioners is four (4) years or until such member's successor is appointed and qualified. 12-4-8: VACANCIES: Vacancies must be filled in the same manner as original ap- pointments. 12-4-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The chairper- son must appoint a secretary, who need not be a commissioner. The commission must fill a vacancy among its officers for the remainder of the officer's unexpired term. 12-4-10: MEETINGS: A. Meetings. Meetings may be called by the chairperson or at the written request of a majority of the commissioners. B. Open Meetings. All meetings must be called and held in conformance with the Io- wa Open Meetings Law. C. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. 18 E. Minutes. A copy of the minutes of all regular and special meetings of the commis- sion must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum. Three (3) members of the commission constitute a quorum for the trans- action of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 12-4-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative poli- cies and budget. 12-4-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after public hearing. 12-4-13: POWERS: A. The commission has all of the powers in relation to airports granted to cities and counties under state law, except powers to sell the airport. B. All funds derived from taxation or otherwise for airport purposes are under the con- trol of the commission for the purposes of management, operation, and control of the airport and must be deposited with the finance director to the credit of the commission and must be disbursed only on the written warrant or order of the commission including the payment of all indebtedness arising from the acquisition and construction of airports and the maintenance, operation, and extension thereof. 12-4-14: ANNUAL REPORT: An annual report will be prepared, submitted, and dis- tributed in accordance with Iowa Code Chapter 330. Chapter 5 AIRPORT ZONING COMMISSION 12-5-1: COMMISSION CREATED: There is hereby created the Airport Zoning Com- mission. 12-5-2: PURPOSE: The purpose of the commission is to make recommendations to the Dubuque County Board of Supervisors if there is an airport hazard that endangers the lives and property of users of the Dubuque Regional Airport and the occupants of the land and other persons in its vicinity, or if a hazard impairs the utility of the airport. 12-5-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 12-5-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its opera- tions, except where the policies are in conflict with the regulations of the Federal Avia- tion Administration, the Transportation Security Administration, or the Iowa Department of Transportation. 12-5-5: MEMBERSHIP: A. The commission comprises five (5) members, selected and appointed as follows: 1. Two (2) members appointed by the city council from the City of Dubuque Zoning Advisory Commission; 2. Two (2) members appointed by the Dubuque County Board of Supervisors; and 3. One (1) member from the public at -large appointed by the other four (4) mem- bers. This member will serve as chairperson. 19 B. No person may be appointed or reappointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (%) of the membership of the commission plus one (1) unless the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commis- sion for a period of three (3) months but has been unable to make a compliant appoint- ment. The city must utilize a fair and unbiased method of selecting the best qualified applicants. 12-5-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 12-5-7: TERMS: The term of office for commissioners is six (6) years or until such member's successor is appointed and qualified, provided, however, that the terms of the cross-representative appointees from the City of Dubuque Zoning Advisory Commission must coincide with their terms on the Zoning Advisory Commission. 12-5-8: VACANCIES: Vacancies must be filled in the same manner as original ap- pointments. 12-5-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a vice-chairperson to serve a term of one (1) year. The chairperson must appoint a secre- tary, who need not be a commissioner. The commission must fill a vacancy among its officers for the remainder of the officer's unexpired term. 12-5-10: MEETINGS: A. Meetings. Meetings may be called by the chairperson or at the written request of a majority of the commissioners. B. Open Meetings. All meetings must be called and held in conformance with the Io- wa Open Meetings Law. C. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. D. Minutes. A copy of the minutes of all regular and special meetings of the commis- sion must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. E. Quorum. Three (3) members of the commission constitute a quorum for the trans- action of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 12-5-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city and county adminis- trative policies and budget. 12-5-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after public hearing. 12-5-13: POWERS: The commission has the following powers, duties, and responsi- bilities: 20 A. To make recommendations to the Dubuque County Board of Supervisors and the city council as to the boundaries of the original airport hazard area and the appropriate regulations and restrictions to be enforced therein. The commission must, with due dili- gence, prepare a preliminary report on such matters and hold public hearings thereon before submitting its final report. B. The commission has such other powers and duties as may hereafter be assigned to it by the Iowa Code or joint resolution of the Dubuque County Board of Supervisors and the city council. Chapter 6 AIRPORT ZONING BOARD OF ADJUSTMENT 12-6-1: BOARD CREATED: There is hereby created the Airport Zoning Board of Ad- justment. 12-6-2: PURPOSE: The purpose of the board is to hear petitions of those who seek to modify regulations and restrictions regarding airport zoning issues. 12-6-3: INTERNAL ORGANIZATION AND RULES: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 12-6-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations, except where the policies are in conflict with the regulations of the Federal Aviation Ad- ministration, the Transportation Security Administration, or the Iowa Department of Transportation. 12-6-5: MEMBERSHIP: A. The board consists of five (5) residents of the city. B. Special Qualifications. 1. Two (2) members must be selected by the city council from the City of Dubuque Zoning Board of Adjustment. 2. Two (2) members must be selected by the Dubuque County Board of Supervi- sors. 3. One (1) member from the public at -large must be appointed by the other four (4) members. This member will serve as chairperson. C. No person may be appointed or reappointed to the board if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (%) of the membership of the board plus one (1) unless the city has made a good faith effort to appoint a qualified person to fill a vacancy on the board for a period of three (3) months but has been unable to make a compliant appointment. The city must utilize a fair and unbiased method of selecting the best qualified applicants. 12-6-6: OATH: Each person, upon appointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. 12-6-7: TERMS: The term of office for members of the board is five (5) years or until such member's successor is appointed and qualified, provided, however, that the terms of the cross -representative appointees from the City of Dubuque Zoning Board of Ad- justment must coincide with their terms on the Zoning Board of Adjustment. 12-6-8: VACANCIES: Vacancies must be filled in the same manner as original ap- pointments. 21 12-6-9: OFFICERS/ORGANIZATION: The board must choose annually a vice - chairperson to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the board. The board must fill a vacancy among its offic- ers for the remainder of the officer's unexpired term. 12-6-10: MEETINGS: A. Meetings. Meetings may be called by the chairperson or at the written request of a majority of the members. B. Open Meetings. All meetings must be called and held in conformance with the Io- wa Open Meetings Law. C. Attendance. 1. In the event a member of the board has been absent for three (3) or more con- secutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. D. Minutes. A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. E. Quorum. Three (3) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. The affirmative vote of a majority of the board is necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this chapter, or to effect any variation from the terms thereof. 12-6-11: COMPENSATION: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial board business within the limits established in the city and county administrative policies and budget. 12-6-12: REMOVAL: The city council may remove any member for cause upon writ- ten charges and after public hearing. 12-6-13: POWERS: The board has the following powers, duties, and responsibilities: A. To hear and decide appeals where it is alleged there is error in any order, re- quirement, decision, or determination made by an administrative official in the enforce- ment of this chapter. B. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship, and so that the spirit of this chapter will be observed and substantial justice done. C. The procedures and appeals of the board must be in accordance with this Code of Ordinances and the Iowa Code. 12-6-14: SCOPE OF AUTHORITY ON APPEALS: In exercising its powers on appeal, the board may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, deci- sion, or determination as ought to be made and to that end have all of the powers of the officer from whom the appeal is taken. 22 Section 2. Nothing herein effects the term of any person serving as a member as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 4th day of August, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of August, 2014. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 2 Investment Oversight Advisory Commis- sion: City Manager recommending approval of an ordinance with a new Title 2, Chapter 3, which establishes the Investment Oversight Advisory Commission and provides for the powers, operation, membership and meetings. 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 Jones. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 52-14 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 3 Investment Oversight Advisory Commission and Adopting a New Chapter 3 Investment Oversight Advisory Commission in Lieu Thereof Establishing the Investment Oversight Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 52-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 3 INVESTMENT OVERSIGHT ADVISO- RY COMMISSION AND ADOPTING A NEW CHAPTER 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE INVESTMENT OVERSIGHT ADVISORY COMMISSION AND PROVIDING FOR THE POWERS, OP- ERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 3 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 3 INVESTMENT OVERSIGHT ADVISORY COMMISSION 2-3-1: COMMISSION CREATED: There is hereby created the Investment Oversight Advisory Commission. 2-3-2: PURPOSE: The purpose of the commission is to review the actions and deci- sions of the city's investments and all money managers for compliance with the city's investment policy and to report any noncompliance to the city council; to recommend, as needed, changes in the investment policy to the city council; and to review the in- vestment performance of the city's investments and money managers and to report to the city council concerning such investment performance at least quarterly. 23 2-3-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-3-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its opera- tions. 2-3-5: MEMBERSHIP: The commission comprises five (5) residents of the city, ap- pointed by the city council, who have knowledge about investments and finance but with no affiliation with a firm or corporation which does now or during the term of a commis- sioner provides investment or financial advice or services to the city. 2-3-6: OATH: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-3-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-3-8: VACANCIES: Vacancies must be filled in the same manner as original ap- pointments. 2-3-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The chairper- son must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-3-10: MEETINGS: A. Regular Meetings. The commission must meet quarterly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Io- wa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such ab- sence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the commis- sion must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum. Three (3) commissioners constitute a quorum for the transaction of busi- ness. The affirmative vote of a majority of the commissioners present and voting is nec- essary for the adoption of any motion or resolution. 2-3-11: COMPENSATION: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative poli- cies and budget. 24 2-3-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after a public hearing. 2-3-13: POWERS: The commission has the following powers, duties, and responsibil- ities: A. To review the actions and decisions of the finance director and the city's money managers for compliance with the city's investment policy and report any noncompli- ance to the city council; B. To recommend, as needed, changes in the city's investment policy to the city manager and the city council; and C. To review the investment performance of the city and the city's money managers and report to the city council concerning same at least quarterly. 2-3-14: REPORTS PROVIDED: The finance director must provide the commission with monthly, quarterly, and annual reports prepared by the finance director and the city's financial advisors. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 4th day of August, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of August, 2014. /s/Kevin S. Firnstahl, City Clerk 5. Iowa Department of Transportation - Safety Grant Application: City Manager rec- ommending authorization for the City of Dubuque to submit a grant application to the State of Iowa for Traffic Safety Improvement Program funding for the North Grandview Avenue and Delhi Street Roundabout Intersection Improvement. Motion by Braig to re- ceive and file the documents and adopt Resolution No. 241-14 Authorizing the Filing of a Grant Application with the Iowa Department of Transportation for Traffic Safety Im- provements funding for the City of Dubuque North Grandview Avenue and Delhi Street roundabout intersection improvement. Seconded by Connors. Responding to questions from the City Council, City Engineer Gus Psihoyos described the project and location and provided information on the meeting with businesses adjacent to the intersection. Psihoyos added that bicyclists would have to merge with the regular traffic through the roundabout. Motion carried 7-0. RESOLUTION NO. 241-14 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENTS FUNDING FOR THE CITY OF DUBUQUE NORTH GRANDVIEW AVENUE AND DEL- HI STREET ROUNDABOUT INTERSECTION IMPROVEMENT Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at North Grandview Avenue, Delhi Street and Grace Street in the City of Dubuque could be improved by a roundabout; and 25 Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended by the Iowa Department of Transportation office of Traffic Safety, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project imple- mentation, and upon completion, in cooperation with the Iowa Department of Transpor- tation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City files this grant application for funds through the Traffic Safety Im- provement Program to fund North Grandview Avenue and Delhi Street Roundabout In- tersection Improvement. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Regional Conservation Partnership Program Competitive Pre -Application Pro- posal: City Manager recommending approval of the pre -proposal application for the USDA Regional Conservation Partnership Program. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion car- ried 7-0. 7. Dubuque County Resource Enhancement and Protection (REAP) Plan and City Representative: City Manager recommending approval of the City of Dubuque's update of the Fiscal Year 2015 Dubuque County Resource Enhancement and Protection (REAP) Plan, as well as the resolution and the Fiscal Year 2015 REAP Grant applica- tion for Phase 5 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail. It is further recom- mended that the City Council confirm the City representative on the Dubuque County REAP Committee to attend the committee meeting on August 12, 2014. Motion by Lynch to receive and file the documents, adopt Resolution No. 242-14 Authorizing REAP Grant Application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 5); and re -confirm Council Member Joyce Connors as the City's representative. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 242-14 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR IOWA 32 BIKE/HIKE TRAIL (PHASE 5) Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in- cludes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that in- cludes the Iowa 32 Bike/Hike Trail (Phase 5) as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 26 Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the Iowa Department of Natural Re- sources for REAP funds for the Iowa 32 Bike/Hike Trail (Phase 5). Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 4th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors thanked the Parks and Recreation staff for the Lighted Boat Parade event held on August 2 in the Port of Dubuque. Council Member Jones expressed sympathy for the communities of Farley and Ep- worth regarding the fatal vehicular accident that happened on August 2 west of Dubu- que. There being no further business, upon motion the City Council adjourned at 7:19 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 27