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1 19 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 PM on January 19, 2010 in the Historic Federal Building. Present: Mayor Pro-Tem Resnick, City Council Members Braig, Connors, Jones, Lynch, Voetberg, Assistant City Manager Steinhauser, City Attorney Lindahl Absent: Mayor Buol, City Manager Van Milligen Mayor Pro-Tem Resnick read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Reverend Tim LoBianco of Resurrection Church PROCLAMATION Earned Income Tax Credit (EITC) Awareness Day (January 29, 2010) was accepted by Tom Stovall, Operation: New View Community Action Agency, 1473 Central Avenue. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 6-0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 11/3; City Council of 1/4; Historic Preservation Commission of 12/17; Library Board of Trustees of 11/17; Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17 Carnegie Stout Public Library Board of Trustees Update from Meeting of December 17, 2009 Proof of publication of City Council Proceedings of December 21 and 30, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Donna Clough for personal injury; John W. Thomas for property damage; Tschiggfrie Excavating Company for property damage; and Vicky Fuller for property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cheryl Ludovissy for vehicle damage; Sally Lang for personal injury / vehicle damage; Ron Burds for vehicle damage; Richard Hanson for vehicle damage; Donna Clough for personal injury; John W. Thomas for property damage; and Arthur Cotton for vehicle damage. Upon motion the documents were received, filed and concurred. Fiscal Year 2010 Annual Action Plan – Amendment 2: City Manager recommending approval of the second amendment to the Fiscal Year 2010 Annual Action Plan. Upon motion the documents were received and filed and Resolution No. 9-10 Approving a Fiscal Year 2010 (Program Year 2009) Annual Action Plan – Amendment 2 for Community Development Block Grant (CDBG) Homelessness Prevention and Rapid Re-Housing (HPRP) and Community Development Block Grant Recovery (CDBG-R) funds was adopted. RESOLUTION NO. 9-10 APPROVING AN FISCAL YEAR 2010 (PROGRAM YEAR 2009) ANNUAL ACTION PLAN- AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOMELESSNESSS PREVENTION AND RAPID RE-HOUSING (HPRP) AND COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY (CDBG-R) FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2009 and 2010; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended FY 2010 Annual Plan as per the attached Exhibit A; and Whereas, the City of Dubuque now proposes to amend the First Time Homebuyer program to remove the loan limit as per the attached Exhibit B; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and st Whereas, the City advertised a 30 day public comment period beginning December 1, 2009; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on January 6, 2010, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2009 and 2010 are hereby rescinded and the balance of funds from these plans are incorporated into a Fiscal Year 2010 (Program Year 2009) Annual Action Plan - Amendment 2, attached hereto as Exhibit A. Section 2. That the First Time Homeowner program is hereby amended as per Exhibit B. Section 3. That said Fiscal Year 2010 (Program Year 2009) Annual Action Plan- Amendment 2 attached hereto as Exhibit A and Exhibit B is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this Resolution and Plan to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Grass and Weed Cutting Assessments: City Manager recommending approval to certify grass and weed cutting 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. 10-10 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6-3C2o; Title 6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 10-10 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6- 3C2o; TITLE 6- 6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA 2 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 welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public 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 hereinafter, owning the properties thereby set forth, are delinquent in the payment of grass and weed cutting and garbage collection charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT Judge Real Estate, 605 Bluff Street #132, Dubuque IA 52001, 10-14-229-016, Lot 1 Linehan Park Add, $ 90.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52001, 10-24-332-023 Lot 1-1- 3 & Lot 2-1-4 Yates & Picketts 515-519 Pickett, $185.00 Tri-State Property Management, 18186 Williamsburg Court, Durango IA 52039, 10-24-332- 022, Lot 2-1-E 65'-5, Lot 2-E 65'- 6, Lot 2-N 26'-E 65'-7 all in Henion & Bairds Sub.; Also Lot 1- 1-4 in Yates & Pickett 529-535 Picket, $765.00 Tri-State Property Management, 18186 Williamsburg Court, Durango IA 52039, 10-24-332- 021, Lot 1-1-E 65'-5, Lot 1-E 65'- 6, Lot 1-E 65'-N 26'-7, all in Henion & Bairds, $595.00 Jeremy P Kass, 26928 200th Street, Bellevue IA, 5203110-24-208-023, Lot 1-1-1-1 of "Sub of N 54'- E 1/2-40 & E 1/2-39 L H, Langworthy's Add, $107.00 Moore Management, LLC, 803 Grant Court, Maquoketa IA 52060, 10-24-430-002, E 56' of th Lot 52 East Dubuque Add 232-234-244-246, E 14 St., $60.00 Federal National Mortgage Association, 3900 Wisconsin Avenue West, Washington DC 20016, 10-20-260-012, Lot 11 Blk 17 Sunnyslope Estates, $1,175.00 Leroy P & Carol A Ruden, 412 4th Avenue, Dyersville IA 52040, 10-24-434-010, SE S 1/2 - SM 1/5 of City Lot 496, $60.00 Tri-State Property Management, 18186 Williamsburg Court, Durango IA, 10-24-328-020, Lot 29 Yates Sub, $110.00 Eunice Newman, 1433 Washington Street, Dubuque IA 52001, 10-24-426-020, Lot 73 East Dubuque Add, $1,725.00 Mullett Enterprises, LLC, 14858 West Ridge Lane Suite 1, Dubuque IA 52003, 10-24-338- 010, Lot 2-1 of City Lot 667 1439-1441 Bluff St., $1,085.00 Nathan Boyes, 14130 Cypress Point, Dubuque IA 52002, 10-25-378-004, S 90' of Lot 61 Union Add 977-979 Cleveland Ave, $1,579.00 Equity Builders LLC, PO Box 208, Lake Zurich IL 60047, 10-02-479-021, Lot 2-2 Emerald Acres No. 4, $935.00 Freedom Development Co., LLC, 3250 Kennedy Circle, Dubuque IA 52002, 10-25-108-014, Lot 2 Arnolds Sub, $1,549.00 Robert J & Cheryl A Canon, 900 Rush Street, Dubuque IA 52003, 10-25-302-008, Lot 8 Guernsey & Langs Add, $105.00 Peter V Eck, PO Box 208, Lake Zurich IL 60047, 10-01-356-011, Lot 5 Emerald Acres #1, $1,040.00 Jeanne Diederich, PO Box 10, Sinsinawa WI 53824, 10-25-457-013, Lot 37 Oak Grove Add, $180.00 3 Danny L & Johanna D Creger, 27670 389th Street, Lamotte IA 52054, 10-24-129-025, N 1/2 of Lot 8 Tivoli Add, $370.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-25-178-008, Lot 4 th Geo. Martins Sub 754-754 1/2 W 5 St., $115.00 Greg A Prehm, 8505 Southern Hills Ct., Dubuque IA 52003, Lot 4 M A McDaniels Sub 574- 576 Chestnut, 10-24-381-006, $110.00 Federal Home Loan Mortgage Association, PO Box 650043, Dallas TX 75265, 10-24-259- 004, N 1/2 of Lot 98 East Dubuque Add, $810.00 Kenneth John Moore, 803 Grant Court, Maquoketa IA 52060, 10-24-378-009, A McDaniels Sub W 15' S1/2 Lot 796, A McDaniels Sub E 15' S1/2 Lot 797, $115.00 Jeffrey C Alm & Erin E Zamzow, 18216 157th Avenue, Renton WA 98058, 10-13-477-005, SE Lot 1 of 25 Hoopers Add, $78.00 Jerryl Lee Gesie, 21384 Crystal Drive, Dubuque IA 52001, 10-24-128-001, Lot 1-130 L H Langworthys Add., $1,115.00 Scott A Runde, Cuba City WI 53807, P O Box 704, 10-24-403-009, E 1/2-S 88'-E 1/2-S 2/5 th of City Lot 454 35-35 1/2 W, 15 St., $320.00 Cary Keith Homan, 2137 Jackson Street, Dubuque IA 52001, 10-24-208-016, Lot 2-S 36'6"- E 1/2-Lot 37 L H Langworthy's Add, $377.00 State Central Bank, 1805 Kennedy Road, Dubuque IA 52001, 10-24-256-001, N 26'5" - N 2/5 of City Lot 436, $580.00 Eric M & Matthew D Melloy, 2234 14th Street, Coralville IA 52241, 10-23-482-009, S 47' Lot 1 Rohners Sub & Lot 4 Rohners Sub, $162.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-23-177-012, Lot 1-9 of Min Lot 188, $324.00 Laura A Gerner, 1770 Garfield Avenue, Dubuque IA 52001, 10-13-454-037, Lots 4 & 5 Klingenbergs Sub 2407-2409 STAFFORD, $55.00 Wells Fargo Bank Na, One Home Campus, Des Moines IA 50312, 10-13-478-003, SW 33' of Lot 13 Hooper's Add, $385.00 Flagstar Bank Fsb, Loan #501255589, 5151 Corporate Drive, Troy MI 48098, 11-18-179- 001, Lot 138 Hams Add, $260.00 Federal National Mortgage, Association, PO Box 650043, Dallas TX 75265, 10-14-305-012, Lot 32 Blk 2 Marycrest Sub # 2, $1,255.00 Freedom Development CO., LLC, 9466 Royal Wood Drive, Peosta IA 52068, 10-13-159- 024, Lot 112 Glendale Add, $165.00 Dawn M Dubbels, 154 West 23rd Street, Dubuque IA 52001, 10-24-128-002, Lot 1-1-2-33 Tivoli Add & Lot 1-2-2-130 & Lot 2-1-1- 2-130 L H Lang's Add, $755.00 William J & Joyce M Glasson, 9503 West Furlong Road, Galena IL 61036, 10-13-453-011, N 30' Lot 39 Staffords Add, $292.00 Judge Real Estate, LLC, 605 Bluff Street, Dubuque IA 52001, 10-24-457-019, Lot 7 - E 1/2 - CITY Lot 655 1003-1005 BLUFF, $65.00 William M Vandermeulen & Amy L Parker, 15452 Lore Mound Road, Dubuque IA 52002, 10-13-182-002, S 13' of Lot 174 & N 1/2 of Lot 175 Glendale Add, $150.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-24-256-007, S 1/2 - SM 1/5 – City Lot 436, $135.00 Federal National Mortgage, Association, PO Box 650043, 10-24-432-014, N 1/2 - W 65' - Lot 208 East Dubuque Add, $877.00 Dallas TX 75265 Kevin Gladwin, 590 Clarke Dr., Dubuque IA 52001, 10-24-153-009, BAL - N 70' - Lot 8 J P Porters Add 590-590 1/2 Clarke Dr. $140.00 4 Christopher T & Gail A Huston, 1165 High Bluff Street, Dubuque IA 52001, 10-13-432-004, Lot 42 Fengler's Add, $348.00 John Walters Jr., 2840 Burlington Street, Dubuque IA 52001, 10-14-428-011, Lot 2 Rachel C. Sullivan Place, $635.00 Jeremy L & Jennifer J Kemp, 8427 Kemp Court, Dubuque IA 52003, 10-24-109-001, Lot 32 J P Schroeders Add, $100.00 Danny F Tuthill, 1238 Jackson Street, Dubuque IA 52001, 10-24-435-010, N 25' - Lot 60 East Dubuque Add, $582.00 HSBC Bank Usa National Association, C/O Wells Fargo, One Home Campus, Des Moines IA 50312, 10-24-265-005, SM 1/5 of City Lot 453, $420.00 Timothy J Brown, 1610 Iowa Street, Dubuque IA 52001,10-24-265-007, S 20' of S 1/5 of City Lot 453, $310.00 Tanya L Avenarius, 2015 Washington Street, Dubuque IA 52001, N 46'-Lot 20 Steiner's Add, 10-24-214-019, $375.00 US Bank National Association, Trustee for Cmlti 2007-Wfhe3, One Home Campus, Des Moines IA 50312, 10-13-487-003, NE 1/2 of Lot 52 Cooks Add, $381.10 Dubuque Properties, LLC, 1805 State Street Suite 103, Bettendorf IA 52722, 10-14-234- 010, E 170' of Lot 325 Davis Farm Add, $365.00 Michelle Scott, 607 West 8th Street, Dubuque IA 52001, 10-25-130-023, Lot 1-16 & Lot 2-16 City Lot 703, $105.00 Ronald J & Wanda M Koenig, 2210 Francis St., Dubuque IA 52001, 10-13-413-004, Lot 77 E Langworthy's Add, $515.00 Citimortgage Inc, Successor IN Int To Abn Mortg, 1000 Technology Dr., O'Fallon MO 63368, MS 314, 10-24-278-007, S 1/2 of Lot 111 East Dubuque Add, $650.00 Shannon K & Tobey L Dingbaum, 18567 Drexel Street, Omaha NE 68135, 10-24-260-007, Lot 2-7 of City Lot 675, $100.00 Liberty Bank Fsb, 2045 Holliday Drive, Dubuque IA 52002, 10-24-208-006, Lot 2-N 58'-W 1/2-Lot 39 L H Langworthy's Add, $620.00 Jonathan J Slaght & Mackenzie Kass, 1486 West 3rd St., Dubuque IA 52001, 10-22-176- 011, C Lot 2-1 Giesel Highland Park, $280.00 Federal National Mortgage Association, 3900 Wisconsin Avenue, Washington DC 20016, 10-13-177-006, S 34' of Lot 2-1-147 Glendale Add, $623.40 Christopher J Staebell, 695 Clarke Dr., Dubuque IA 52001, 10-24-108-013, Lots 3 & 4 Littleton & Sawyers Add 693 & 695, Clarke Dr., $115.00 Mark H & Lois M Bonifas, 2174 Seippel Rd., Dubuque IA 52002, 11-18-353-003, Lot 9 Hooper's Add 922-924 Rhomberg Ave., $106.50 John J & Loretta S Davis, 2108 Key Way Drive Apt 1, Dubuque IA 52002, 10-13-452-028, Lot 1-68 Staffords Add 2411-2413 Queen, $110.00 Robert J Tomkins Jr., & Connie M Fuerstenberg, 491 Clark Street, Dubuque IA 52001, 10- 24-326-023, M Lot 2-1 E PT of City Lot 682, $330.00 Mid-America Property Management, LLC, 604 Clinton Drive, East Dubuque IL 61025, 10- 24-437-001, N 2/3 Lot 197 East Dubuque Add 1292-1298 Elm, $512.00 Amy H Tai, 199 New Montgomery St #706, San Francisco CA 94105, 10-24-403-017, Lot 1 of Winner Place, $80.00 Ronald P Ferraro, 2830 Washington, Dubuque IA 52001, 10-13-159-007, Lot 1-103 Glendale Add, $285.00 BRP Properties, LLC 8505 Southern Hills Court, Dubuque IA 52003, 10-24-439-006, Lot 1- 1-S 1/5 of City Lot 480 $245.00 5 Kristi D Johnson & Wayne W Miller, 1405 Lincoln Avenue, Dubuque IA 52001, 11-18-158- 015, Lot 2-1-102 McCraney's 1st Add, $65.00 Michael & April Lausier, 651 Kaufmann Avenue, Dubuque IA 52001, 10-14-477-005, Lot 12 of Lots 164 & 166A in L H Langworthy's Add, $235.00 Tina A & Jason A Ferrel, 235 Valeria Street, Dubuque IA 52001, 10-24-128-013, Lot 2-40 Tivoli Add, $360.00 Secretary of Housing & Urban Development C/O Best Assets Inc., 501 Marquette Ave Suite1200, Minneapolis MN 55402, 10-24-129-012, Lot 18 Tivoli Add 2224-2226 Francis, $170.00 Donald A Jr. & Renee M Krier, 2900 Brunswick, Dubuque IA 52001, 10-24-268-018, Lot 2- 83 E Dubuque Add, $219.00 Richard Henry Then Testamentary Trust, 4812 Then Road, Bernard IA 52032, 10-24-213- 001, W 1/2-Lot 43 & S 28'-W 1/2-Lot 42 L H Langworthy's Add, $110.00 Chad Fury, 793 Clarke Drive, Dubuque IA 52001, 10-23-277-017, S 125' of Lots 17 & 18 Littleton & Sawyers Add, $85.00 CNI Properties, LLC, 424 West Locust St., Dubuque IA 52001, 10-24-336-002, S 1/2 of N 1/5 of City Lot 474 & N 3' of NM 1/5 of City Lot 474, $160.00 Nationstar Mortgage, LLC, Acct #0140913108, 350 Highland Drive, Lewisville TX 75067, 10-24-263-002, S 1/2 Lot 32 East Dubuque Add, $189.00 Z Fin 2, C/O Gary & Susan Bay, Dewey St., Platteville WI 53818, 10-24-263-014, Lot 2 of 2 of E1/2 of Lot 90 East Dub Add; Lot 1 80 of 1 of E1/2 of Lot 91 East Dub Add, $150.00 Robert A & Alana K Neuwoehner, 16401 Nottingham Court, Dubuque IA 52001, 10-26-279- 019, Lot 11 T S Nairns Dubuque, $154.00 Dubuque Property Investments, LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-27- 279-024, Lots 9, 46,47,48,49, 50 & 2-51 Lenox Add, $250.00 BRP Properties LLC, 8505 Southern Hills Court, Dubuque IA 52003, 10-24-385-015, Lot 2 - E 1/2 - 17 & W 14' - Lot 18 Farleys Sub, $210.00 Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of grass and weed cutting and garbage collection 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. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Vacant and Abandoned Buildings (VABs) and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 11-10 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h; Title l6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. 6 RESOLUTION NO. 11-10 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 allowed to deteriorate according to 6-6-3B1h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public 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: Section I. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the payment of vacant and abandoned building and problem property charges: NAME AND ADDRESS; PROPERTY DESCRIPTION; AMOUNT Maurice A Kirchberg, 1576 Locust Street, Dubuque IA 52001, 10-24-329-012, Lot 1-15 Cooley's Sub, $1,020.00 Jerryl Lee Gesie, 21384 Crystal Drive, Dubuque IA 52001, 10-24-128-001, Lot 1-130 L H Langs Add, $70.00 Antonio Conley, 2512 Broadway Street, Dubuque IA 52001, 10-13-431-012, Lot 1-1-37 Althausers Sub, $605.00 Gary Marburger, 1855 Scenic View Drive, Dubuque IA 52001, 10-24-252-029, Lot 2 of City Lot 675 (Except The N 15") N15" of LOT 2 of City Lot 675, N 1'9" S 15' 8" of Sub of 3 of City Lot 675, N 27' 8" of City Lot OF 3 of City Lot 675, $415.00 Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore 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. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Curtis Collection: City Attorney transmitting the fully executed Bill of Sale for the Curtis Collection from Dubuque Cultural Preservation Committee to the Dubuque Museum of Art. Upon motion the documents were received and filed. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting the Agency’s Fiscal Year 2011 fee schedule which goes into effect on July 1, 2010. Upon motion the documents were received and filed. Downtown Design Guidelines: City Manager recommending approval of the proposed expansion of the Downtown Design Guidelines (DDG) area to be consistent with the southern 7 boundary of the Greater Downtown Urban Renewal District. Upon motion the documents were received, filed, and approved. Plat of Survey – Pinchuck-Herrig Place: Zoning Advisory Commission recommending approval of the Plat of Survey of Pinchuck-Herrig Place as requested by Buesing and Associates. Upon motion the documents were received and filed and Resolution No. 12-10 Approving Plat of Survey of Pinchuck-Herrig Place was adopted. RESOLUTION NO. 12-10 APPROVING A PLAT OF SURVEY OF PINCHUCK-HERRIG PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Pinchuck-Herrig Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides no frontage for Lot 1 on a public street or approved private street as required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow no frontage on a public street or an approved private street for Lot 1. Section 2. That the Plat of Survey of Pinchuck-Herrig Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Thomas Place Guardrail and Curb and Gutter Replacement Project: City Manager recommending acceptance of the Thomas Place Guardrail and Curb and Gutter Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $35,547.35. Upon motion the documents were received and filed and Resolution No. 13-10 Accepting the Thomas Place Guardrail and Curb and Gutter Replacement Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 13-10 ACCEPTING THE THOMAS PLACE GUARDRAIL AND CURB & GUTTER INSTALLATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Thomas Place Guardrail and Curb & Gutter Installation Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. 8 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Guardrail Replacement appropriation for the contract amount of $35,547.35 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE THOMAS PLACE GUARDRAIL AND CURB & GUTTER INSTALLATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Thomas Place Guardrail and Curb & Gutter Installation Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $38,696.05. th Dated this 12 day of January, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 14 day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Asbury Plaza Area Wastewater Pumping Facilities Project: City Manager recommending acceptance of the Asbury Plaza Area Wastewater Pumping Facilities Project as completed by McDermott Excavating in the final contract amount of $550,845.47. Upon motion the documents were received and filed and Resolution No. 14-10 Accepting the Asbury Plaza Area Wastewater Pumping Facilities Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 14-10 ACCEPTING THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Asbury Plaza Area Wastewater Pumping Facilities Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Sewer Extensions – New Development appropriation for the contract amount of $550,845.47 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem 9 Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE ASBURY PLAZA AREA WASTEWATER PUMPING FACILITIES PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Asbury Plaza Area Wastewater Pumping Facilities Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $799,949.67. th Dated this 12 day of January, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 14 day of January, 2010. Jeanne F. Schneider, CMC, City Clerk Cottingham and Butler, Inc. – CEBA and EZ Amendments: City Manager recommending approval of an amendment to the CEBA and EZ agreements with Cottingham and Butler, Inc., which extends their job creation deadline by one year. Upon motion the documents were received and filed and Resolution No. 15-10 Authorizing the approval of an amendment to the CEBA and Enterprise Zone Agreements with Cottingham & Butler Insurance Service was adopted. RESOLUTION NO. 15-10 AUTHORIZING THE APPROVAL OF AN AMENDMENT TO THE CEBA AND ENTERPRISE ZONE AGREEMENTS WITH COTTINGHAM & BUTLER INSURANCE SERVICE. Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the Department of Economic Development approved Agreement Number 07- CEBA-13 with the City of Dubuque and Cottingham & Butler on May 7, 2007 for the expenditure of Community Economic Betterment funds; and Whereas, the Department of Economic Development approved Agreement Number 07-EZ- 021 with the City of Dubuque and Cottingham & Butler for the project to receive Enterprise Zone funds; and Whereas, Cottingham & Butler desire to amend the agreements and have requested to extend the project by one year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the amendment to extend the project by one year by amending the project completion date for the Community Economic Betterment Account program and Enterprise Zone program on behalf of Cottingham & Butler, Inc. is hereby approved. Section 3. That the Mayor is hereby authorized to execute the amendment and the City Manager is hereby directed to submit said amendment to the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved, and adopted this 19 day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Clean Water State Revolving Fund Rules: Communication to the Iowa Department of Natural Resources conveying the City of Dubuque’s comments on proposed changes to 10 Chapter 90 of the Code of Iowa regarding the Clean Water State Revolving Fund rules. Upon motion the document was received and filed. Citizen Communication: Communication from Sandy Amberg, 80 Croydon Crest, regarding fluoridation in the City’s water system. Upon motion the document was received, filed and referred to the City Manager. Environmental Stewardship Advisory Commission: Communication from the Environmental Stewardship Advisory Commission regarding fundraising car washes and stormwater management. Upon motion the document was received, filed and referred to the City Manager. Signed Contracts: The Ferguson Group for Energy Efficiency and Conservation Block Grant (EECBG) Strategic / Grant Writing Services. Upon motion the document was received and filed. Business License Refund: Request of Road Ranger, LLC for a refund of Liquor Licenses #BC029103 and #BC0029104. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 16-10 Granting the issuance of a Class “C” Beer Permit to El Paisano Grocery Store; and Resolution No. 17-10 Granting the issuance of a Class “C” Beer/Liquor License to Mario’s Italian Restaurant, Taiko Japanese Restaurant and The Lounge; a Special Class “C” (BW) Liquor License to Café Manna Java West; and a Class “B” Wine Permit to Dubuque Religious Center were adopted. RESOLUTION NO. 16-10 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Inocente Rubio El Paisano Grocery Store+(Sunday Sale) 1543 Central Avenue Passed, approved and adopted this 19th day of January, 2010 David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 17-10 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. 11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE T & M, Inc. Mario’s Italian Restaurant 1298 Main Street +(Sunday Sale) Taiko Restaurant Taiko Japanese Restaurant 2155 Southpark Court +(Sunday Sale) Phillip R. Love The Lounge 481 Locust Street SPECIAL CLASS “C” (BW) LIQUOR LICENSE Café Manna Java West, LLC Cafe Manna Java West 150 JFK Road +(Sunday Sale) CLASS “B” WINE Dubuque Religious Center Dubuque Religious Center 923 Main Street Passed, approved and adopted this 19th day of January, 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Braig to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 6-0. Water Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for February 1, 2010 to consider the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes. Upon motion the documents were received and filed and Resolution No. 18-10 Fixing date for a meeting on the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 1, 2010 in the Historic Federal Building. RESOLUTION NO. 18-10 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A FORGIVABLE LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $1,000,000 WATER REVENUE CAPITAL LOAN NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of Water Revenue Capital Loan Notes, in the amount of not to exceed $1,000,000, as authorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and WHEREAS, the City has applied for a loan through the Iowa Drinking Water State Revolving Fund Program, and pursuant to the American Recovery and Reinvestment Act of 2009 ("ARRA") and in accordance with the terms of a Forgivable Loan and Disbursement Agreement, the Iowa Finance Authority has determined to make a forgivable loan to the City in 12 the amount of not to exceed $1,000,000, from funds available to the Iowa Finance Authority under the ARRA, for the purpose of assisting the project as hereinafter described; and WHEREAS, before the Forgivable Loan and Disbursement Agreement may be authorized and Water Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Forgivable Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, th Dubuque, Iowa, at 6:30 o'clock P.M., on the 19 day of January, 2010, for the purpose of taking action on the matter of the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Water Utility, including those costs associated with the acquisition and installation of a fixed radio network water meter system. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form: th Passed and approved this 19 day of January 2010. David T. Resnick, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Long Range Planning Advisory Commission. One 3-year term through July 1, 2012 (Term of Stein). Applicants: Bryan Clark, 455 Moore Heights; Lou Oswald, 1080 Nowata Street; and John Pregler, 1525 Pego Court. Mr. Pregler spoke in support of his appointment. Mr. Anglese’s application was withdrawn. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – Langworthy Neighborhood District: Proof of publication on notice of public hearing to consider a request from Terry Mozena / Langworthy Neighborhood Association to rezone a portion of the Langworthy Neighborhood District from R-2 Two-Family Residential District to R-1 Single-Family Residential District and Zoning Advisory Commission recommending approval. 13 rd Communication from David Klavitter, 1090 West 3 Street, in support of the proposed rezoning of a portion of the Langworthy Neighborhood District. 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 Voetberg. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 1-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located partially within the Langworthy Historic District from R-2 Two-Family Residential District to R-1 Single-Family Residential District. Seconded by rd, Voetberg. Terry Mozena, 1036 West 3 Street spoke in support of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Speaking on behalf of the Zoning Advisory Commission, Chairperson Jeff Stiles stated that all affected residents except one support the request. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED PARTIALLY WITHIN THE LANGWORTHY HISTORIC DISTRICT FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter-described property from R-2 Two- Family Residential District to R-1 Single-Family Residential District, to wit: Lots 7 and 8 of Julia Langworthy’s Addition, Lots 49, 50, 51, 52, and 53 of Julia Langworthy’s Addition, S 40’ of Lot 6 of Julia Langworthy’s Addition, Lot 5 and the N 10’ of Lot 6 of Julia Langworthy’s Addition, Lot 4 of Julia Langworthy’s Addition, Lot 9 and the W ½ of Lot 10 of Julia Langworthy’s Addition, the E ½ of Lot 10 of Julia Langworthy’s Addition, Lots 10 and 11 of Julia Langworthy’s Addition, Lot 6 of the subdivision of Lots 2 and 3 of Mrs. L. H. Langworthy’s Subdivision, Lot 5 and the W 20’ of Lot 4 of the subdivision of Lots 2 and 3 of Mrs. L. H. Langworthy’s Subdivision, Lot 1 and 2 of Mrs. P. J. Pechous Subdivision, Lots 1 and 2 of Dupree Place, Lots 1 and 2 of Altman Place, Lot 4 of 4 of Mrs. L. H. Langworthy’s Subdivision, Lot 5 of 4 of Mrs. L. H. Langworthy’s Subdivision, Lot 2 of 5 and Lot 2 of 6 of the subdivision of Lots 1, 2 and 3 of Julia Langworthy’s Addition, Lots 1 of 5 and 1 of 6 of the subdivision of Lots 1, 2 and 3 of Julia Langworthy’s Subdivision, N 75’ of Lot 4 and S 41’ of Lot 4 of the subdivision of Lots 1, 2 and 3 of subdivision of Lot 1 of 2 of 3 Julia Langworthy’s Subdivision, Lot 1 of 5 in Mrs. L. H. Langworthy’s Subdivision except N 12’ thereof, Lot 1 of 6 and Lot 2 of 5 in Mrs. L. H. Langworthy’s Subdivision except the N 12’ thereof, Lot 2 of 6 Mrs. L. H. Langworthy’s Subdivisions except the N 12’ thereof, W 83’ of Lot 7 Mrs. L. H. Langworthy’s Subdivision, except the part deeded to the City, the E 80’ of Lot 7 Mrs. L. H. Langworthy’s Subdivision, Lot 1 of the N 160’ of Lot 8 of Mrs. L. H. Langworthy’s Subdivision, Lot 1 of 2 of the N 160’ of Lot 8 of Mrs. L. H. Langworthy’s Subdivision, Lot 2 of 2 of the No 160’ of Lot 8 of Mrs. L. H. Langworthy’s Subdivision, the S 60’ of Lot 8 of Mrs. L. H. Langworthy’s Subdivision, the W 15’ of Lot 4 of McCoy Subdivision, and the E 39’ of Lots 5 of McCoy’s Subdivision, the W 11’ of Lot 5 of McCoy’s Subdivision and Lot 6 of McCoy Subdivision, the S 150 feet of Lot 1 of P. Langworthy’s Subdivision, the E ½ of the S ½ of Lot 2 of P. Langworthy’s Subdivision, the W ½ of the S ½ of Lot 2 14 of P. Langworthy’s Subdivision, the E 60’ of the S ½ of Lot 3 of P. Langworthy’s Subdivision, the W 50’ of the S ½ of Lot 3 and the east 25’ of the S ½ of ½ of Lot 2 of 4 P. Langworthy’s Addition, the W 40’ of the S ½ of Lot 2 of 4 and the S ½ of Lot 2 of 1 of 4 P. Langworthy’s Addition, and Lot 1 of 1 of 1 of 1 of 4 of P. Langworthy’s Subdivision,. and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 19 day of January, 2010. /s/David T. Resnick, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk rd Published officially in the Telegraph Herald Newspaper the 23 day of January, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment – Off-Premise Sign Area: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 15-12 of the Unified Development Code regarding off-premise sign areas. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 2-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15-12 Off-Premise Signs and adopting a new Section 15-12 Off-Premise Signs in lieu thereof pertaining to the regulations of off-premise signs along state and federal highways and near historic districts. Seconded by Braig. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY REPEALING SECTION 15-12 OFF-PREMISE SIGNS AND ADOPTING A NEW SECTION 15-12 OFF-PREMISE SIGNS IN LIEU THEREOF, PERTAINING TO THE REGULATIONS OF OFF-PREMISE SIGNS ALONG STATE AND FEDERAL HIGHWAYS AND NEAR HISTORIC DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by repealing Section 15-12 Off-Premise Signs and adopting a new Section 15-12 Off-Premise Signs in lieu thereof, pertaining to the regulation of off-premise signs along state or federal highways and near historic districts, as shown in Exhibit A [attached]. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 19 day of January, 2010. /s/David T. Resnick, Mayor Pro-Tem 15 Attest: /s/Jeanne F. Schneider, CMC, City Clerk rd Published officially in the Telegraph Herald Newspaper the 23 day of January, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Individual Historic Designation – 44 Main Street: Proof of publication on notice of public hearing to consider the Individual Historic Designation for 44 Main Street and Historic Preservation Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 3-10 Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances by adding Article 10-7(C)(4) Establishing an individually designated historic property at 2537 Windsor Avenue and by adding Article 10-7(C)5) Establishing an individually designated historic property at 44 Main Street. Seconded by Voetberg. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 3-10 AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING ARTICLE 10-7(C)(4) ESTABLISHING AN INDIVIDUALLY DESIGNATED HISTORIC PROPERTY AT 2537 WINDSOR AVENUE AND BY ADDING ARTICLE 10-7(C)(5) ESTABLISHING AN INDIVIDUALLY DESIGNATED HISTORIC PROPERTY AT 44 MAIN STREET. Whereas, the Historic Preservation Commission, at the request of the property owners, has recommended an amendment to Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, to establish Individually Designated Historic Properties at 2537 Windsor Avenue and 44 Main Street as they are consistent with the criteria for said designation; and Whereas, the City of Dubuque may establish Individually Designated Historic Properties to recognize those properties that have historical, architectural, or cultural significance which are not of landmark status or located within a historic district. Whereas, Individually Designated Historic Properties qualify for historic preservation funding and require design review for exterior alterations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Article 10-7(C), Individually Designated Historic Properties, Title 16, Unified Development Code of the City of Dubuque Code of Ordinances, is hereby amended by adding the following new subsections: (4) The buildings, structures, objects, sites and property situated onLot 20 Staffords Add., also known as 2537 Windsor Avenue. (5) The buildings, structures, objects, sites and property situated onLots 13, 14 & 15 of W 1/2 Blk 1 Dubuque Harbor Co Add, also known as 44 Main Street. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 19 day of January, 2010. /s/David T. Resnick, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk rd Published officially in the Telegraph Herald Newspaper the 23 day of January, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 16 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Proudly Accessible Dubuque (PAD): Communications from Katrina Wilberding advising that the Mississippi Riverwalk and River’s Edge Plaza, the City Trolley – Dubuque, and Ice Harbor Boat Docks have been named as Proudly Accessible Dubuque businesses. Motion by Connors to receive and file the documents. Seconded by Braig. Connors commended and thanked Wilberding for her professionalism and success with the City’s accessibility compliance. Motion carried 6-0. Federal Emergency Management Agency (FEMA): City Manager recommending approval of the submittal of revised talking points to federal legislators related to the Federal Emergency Management Agency new flood area maps. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on her attendance at the emergency management exercise held at the Fire Training Facility earlier in the day. /s/Jeanne F. Schneider, CMC City Clerk 17