Loading...
2 15 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Pledge of Allegiance Invocation was provided by Mayor Roy D. Buol. PROCLAMATION th League of Women Voters 90 Anniversary Week (February 15 – 20, 2010) was accepted by League President Ann Michalski, 1520 Altura Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#20) Safe Community Task Force Facilitator be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Telelprogramming Commission of 1/5; City Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Commission of 2/3; Zoning Board of Adjustment of 1/28 Proofs of publication of City Council Proceedings of January 19, 2010 and List of Claims and Summary of Revenues for month ended December 2009 th Investment Oversight Commission 67 Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: Schwan’s Home Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury. Upon motion the 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: Schwan’s Homes Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury; and Lester Leubka for personal injury. Upon motion the documents were received, filed, and concurred. Salt Dome Conveyor Project: City Manager recommending acceptance of the Salt Dome Conveyor Project as completed by Conlon Construction in the final contract amount of $155,805. Upon motion the documents were received and filed and Resolution No. 36-10 Accepting the Salt Dome Conveyor Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 36-10 ACCEPTING THE SALT DOME CONVEYOR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Salt Dome Conveyor 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 General Fund appropriation for the contract amount of $155,805.00 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. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Montcrest Street Sanitary Sewer Extension Project: City Manager recommending acceptance of the Montcrest Street Sanitary Sewer Extension Project as completed by McDermott Excavating in the final contract amount of $66,822.14, and approval of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 37-10 Accepting the Montcrest Street Sanitary Sewer Extension Project and authorizing payment of the contract amount to the contractor and Resolution No. 38-10 Adopting the final schedule of assessments for the Montcrest Street Sanitary Sewer Extension Project were adopted. RESOLUTION NO. 37-10 ACCEPTING THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Montcrest Street Sanitary Sewer Extension 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; and 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 Sanitary Lateral Connection Assistance Program – Special Assessments and the Stormwater Ditch Remediation appropriations for the contract amount of $66,822.14 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Montcrest Street Sanitary Sewer Extension 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 $70,940.44. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 11 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 38-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Montcrest Street Sanitary Sewer Extension Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 3 MONTCREST SANITARY SEWER FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as true valuations of such lots by the city council of the City of Dubuque, Iowa. OWNER; ADDRESS; FULL LEGAL DESCRIPTION; SUBDIVISION; PARCEL NUMBER; GROSS ASSESSMENT; VALUATION; VALUATION w/IMPROVEMENT; DEFICIENCY ASSESSMENT; TOTAL NET ASSESSMENT: Penhollow, Gerald L. & Christine M., 777 Seward Street, Lots 13 to 20, 13A, 16A & 20A Incl. C. H. Meyers Add, Lots 1 to 4 Incl., Pleasant View, 10-23-227-011, $5,704.50, $38,030.00, $48,816.59, $ -0-, $5,704.50; Wickham, Lyle K. III & Marlene K., 795 Montcrest, Lot 15 & 16 Pleasant View Add, Pleasant View Add, 10-23-231-001, $9,814.69, $116,260.00, $126,074.69, $ -0-, $9,814.69; Haugen, Lawrence H. & Ruth, 805 Montcrest, Lot 17 & 18 Pleasant View Add 805-805 1/2 Montcrest, Pleasant View Add., 10-23-230-005, $9,792.60, $71,080.00, $80,872.60, $-0-, $9,792.60. TOTAL: $25,311.80 2009 Manhole Replacement Project: City Manager recommending acceptance of the 2009 Manhole Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $65,472.92. Upon motion the documents were received and filed and Resolution No. 39-10 Accepting the 2009 Manhole Replacement Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 39-10 ACCEPTING THE 2009 SANITARY SEWER MANHOLE REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2009 Sanitary Sewer Manhole Replacement 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 Sanitary Sewer Manhole Replacement appropriation for the contract amount of $65,472.92 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 SANITARY SEWER MANHOLE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2009 Sanitary Sewer Manhole Replacement Project, that the Project has been 4 performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $68,207.80. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk 2009 Intake Reconstruction Project: City Manager recommending acceptance of the 2009 Intake Reconstruction Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon motion the documents were received and filed and Resolution No. 40-10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 40-10 ACCEPTING THE 2009 INTAKE RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2009 Intake Reconstruction 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 Catch Basin Maintenance appropriation for the contract amount of $90,906.45 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 INTAKE RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2009 Intake Reconstruction 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 $93,188.88. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Project – Acceptance of Easements: City Manager recommending approval of the acceptance of easements in connection with the North Fork Catfish Creek Project. Upon motion the documents were received and filed and Resolution No. 41-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Car- Ann-Jo LLC; Resolution No. 42-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Dubuque Community 5 Church; Resolution No. 43-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Yiannias Place; Resolution No. 44-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Avenarius; Resolution No. 45-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC; and Resolution No. 46-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Selchert Place were adopted. RESOLUTION NO. 41-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, CAR-ANN-JO, LLC has executed an Easement for Sanitary Sewer over and across parts of Lot 1-1-2-2 of NE ¼ NE ¼ Sec. 28, and Lot 1-1-2 W ½ NW ¼ NW ¼ Sec. 27, all in T89N, th R2E, 5 PM, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22800 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1-1-2-2 of NE th ¼ NE ¼ Sec. 28, and Lot 1-1-2 W ½ NW ¼ NW ¼ Sec. 27, all in T89N, R2E, 5 PM in the City of Dubuque, Dubuque County, Iowa, from CAR-ANN-JO, LLC, recorded as Instrument No. 2009- 22800 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 42-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Community Church has executed an Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-0107 in the Office of the Dubuque County Recorder on January 4, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision, in the City of Dubuque, Dubuque County, Iowa, from Dubuque Community Church, recorded as Instrument No. 2010-0107 on January 4, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 6 RESOLUTION NO. 43-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Key City Investment Co. has executed an Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22799 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa, from Key City Investment Co., recorded as Instrument No. 2009-22799 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 44-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Marlin and Ritchie Avenarius have executed an Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22801 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa, from Marlin and Ritchie Avenarius, recorded as Instrument No. 2009-22801 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 45-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Mattroy, LLC has executed an Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig’s John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-00673 in the Office of the Dubuque County Recorder on January 14, 2010. 7 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig’s John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa, from Mattroy, LLC recorded as Instrument No. 2010-00673 on January 14, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 46-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Stephen J. and Judy L. Selchert has executed an Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-00001070 in the Office of the Dubuque County Recorder on January 22, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa, from Stephen J. and Judy L. Selchert recorded as Instrument No. 2010-00001070 on January 22, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk South Siegert Farm Lease Extension: City Manager recommending approval of an amendment of the farm lease with William and Janet Siegert for the North Siegert Farm to provide for a one- year lease extension. Upon motion the documents were received and filed and Resolution No. 47- 10 Approving an amendment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert was adopted. RESOLUTION NO. 47-10 APPROVING AN AMENDMENT TO THE FARM LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM AND JANET SIEGERT Whereas, the City of Dubuque, Iowa (City) entered into a Farm Lease with William and Janet Siegert (Siegerts) for certain property as described in the Lease; and Whereas, City and Siegerts desire to amend the Lease as set forth in the attached Amendment to Farm Lease; and Whereas, it is the determination of this Council that approval of the Amendment to Farm Lease, is in the public interest of the citizens of the City of Dubuque. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Amendment to Farm Lease is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amendment to Farm Lease on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Farm Lease, as amended. nd Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to Lease Agreement – Dubuque by Carriage: City Manager recommending approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease of the former Dock Board building until April 30, 2012. Upon motion the documents were received, filed, and approved. Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for the Blue Moon Development Company 2009 property tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitalization Program Applications: City Manager recommending approval of 2009 Urban Revitalization Program applications for residential property tax exemptions. Upon motion the documents were received and filed and Resolution No. 48-10 Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. RESOLUTION NO. 48-10 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban th Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11 Street, Old Main, Cathedral and Langworthy; and Whereas, the City of Dubuque, as of February 1, 2010, received tax abatement applications from the following property owners in the aforementioned urban revitalization districts. Washington Neighborhood Urban Revitalization Area: 1126 White - Jack & Sharon Hyde; 1128 White –Philip & Leah Johnson; 1130 White- Horsfall Inc.; 1132 White- Richardo Cunningham; 1134 White- Andrew Crosh; 1620 -1628 White- Mary & Richard Rokosek; 1732 Jackson-Dale & Linda Wlochal; 1763 White – Richard Properties LLC; 2016 Jackson-Cynthia Meyer; 2064 Washington- Gloria Valdez th West 11 Street Urban Revitalization Area: 9 573-579 Arlington- Julie Lott; 583-593 Arlington- Julie Lott; 609-617 Arlington- Julie Lott; thth 637-641 Arlington- Julie Lott; 595 West 11 Street- Mary & Ken Bichell; 631 West 16 Street- David & Bridget Stipanovich; 658 Chestnut – L. Peter Alt Salvia HouseUrban Revitalization Area: 2160 Elm- Salvia House LTD Langworthy Urban Revitalization Area: 1090 West Third Street- David Klavitter & Kara Bunte Garfield Place II Urban Revitalization Area: 601 Garfield – Davis Place LLC Cathedral Urban Revitalization Area: 448 Bluff- Julie Lott; 205 Bluff- B&C Cathedral Development LLC; 320 Jones- Mike Muench; 322 Jones- Mike Muench; 605 Bluff – Judge Real Estate LLC. Whereas, the Housing and Community Development Department and Building Services Department have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the requirements of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax abatement applications to the City Assessor. th Passed, approved and adopted this 15 day of February 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Black Hills Energy – Contract for Water Meter Reading: City Manager recommending approval of a revised contract with Black Hills Energy to extend the contract for water meter reading through December 2011 for completion of the water meter replacement project. Upon motion the documents were received, filed, and approved. 418 / 420 Emmett Street – Lot Split: Zoning Advisory Commission recommending approval of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the documents were received and filed and Resolution No. 49-10 Approving a plat of survey of Wedig Place in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 49-10 APPROVING A PLAT OF SURVEY OF WEDIG PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Wedig Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 1,047 square feet and 1,051 square feet of lot area for Lot 1 and Lots 2 respectively, where 1,200 square feet of lot area is required by Section 5-7.7 of Title 16 of the City or Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, Said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-7.7 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 1,047 square feet and 1,051 square feet of lot area for Lot 1 and Lots 2 respectively where 1,200 square feet of lot area is required. Section 2. That the Plat of Survey of Wedig Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to enclose the approval of the City of Dubuque, Iowa upon said final plat. th Passed, approved and adopted this 15 day of February 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: Communication to State Legislators providing a position statement on House Study Bill 573 relating to flood plain management. Communication to State Legislators in opposition to House Study Bill 608 concerning 500 year flood plain regulation. Upon motion the documents were received and filed. 2009 National Park Service Annual Products Report: City Manager transmitting the 2009 National Park Service Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. HOME Partnership Program: Communication from the Iowa Department of Economic Development advising that the City of Dubuque’s HOME Partnership Program has been administered in substantial compliance with finance and program requirements. Upon motion the document was received and filed. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the Vision Iowa Board intends to award the City of Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to promote the Art Market. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment and Facilities for a non-linear editing system to replace the original non-linear editing system that is no longer able to digitize video and is not powerful enough to meet our current editing needs. Upon motion the documents were received, filed, and approved. 2009 Certified Local Government (CLG) Annual Report: City Manager submitting the 2009 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. Safe Community Task Force Facilitator: City Manager recommending approval of a contract with Urban Strategies, Inc. to facilitate the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Connors provided an explanation of why the Task Force is hiring Urban Strategies as an outside facilitator and read a biography of the company into the record. Van Milligen stated that the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Motion carried 7-0. 11 Business License Refund: Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was 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. 50-10 Granting the issuance of a Class “C” Beer Permit to Oky Doky #8; and Resolution No. 51-10 Granting the issuance of a Class “C” Beer/Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey’s, Hammerheads and Tony’s Place; a Class “B” Wine to Oky Doky #8; and a th Class “WBN” Native Wine to National Mississippi River Museum and 16 Street Auto / Truck Plaza were adopted. RESOLUTION NO. 50-10 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 Hill Street Plaza, Inc. Oky Doky # 8 Foods+(Sunday Sale) 535 Hill Street th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 51-10 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. 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 Mr. Roger’s Pub, LLC Mr. Rogers Pub+(Sunday Sale) 2093 Washington Street Fraternal Order of Eagles Eagles Club+(Sunday Sale) 1175 Century Drive Bulldog Billiards, Inc. Bulldog Billiards+(Sunday Sale) 1850 Central Avenue HE-FR, Ltd. Gin Rickeys+(Sunday Sale) 1447 Central Avenue Hammerheads, Inc. Hammerheads Bar+(Sunday Sale) 2095 Kerper Blvd. Charles Steffen Tony’s Place+(Sunday Sale) 1701 Central Avenue CLASS “B” WINE Hill Street Plaza, Inc. Oky Doky # 8 Foods 535 Hill Street CLASS “WBN” NATIVE WINE Dubuque Co. Historical Nat’l Mississippi River Museum 350 E. 3 rd Street Society 12 Mulgrew Oil Co. 16 th Street Auto/Truck Plaza 1215 E. 16 th Street th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 Voetberg. Motion carried 7-0. Lease Agreement – Dubuque Bruisers Football: City Manager recommending that a public hearing be set for March 1, 2010 to consider a lease agreement with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. RESOLUTION NO. 52-10 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DOMINICK LOCASCIO, OWNER, DUBUQUE BRUISERS FOOTBALL WHEREAS, the City of Dubuque, Iowa (City) is the owner of the Premises shown on Exhibit A of the Lease, all in Dubuque County, Iowa (the Property); and WHEREAS, Dominick Locascio, Owner, Dubuque Bruisers Football (Team) desires to lease the Property to operate a semi-pro football team, upon the terms set forth in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term of twenty-five years; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease with Team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque intends to dispose of its interest in the Property as described in the Lease between City and Team. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property, to be held on the 1st day of March, 2010, at 6:30 o’clock p.m. at the Historic Federal Building, 360 W. Sixth Street, Dubuque, Iowa. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk thth Utility Relocation Project – 9 to 10 Street: City Manager recommending initiation of the public thth bidding process for the Utility Relocation Project – 9 to 10 Street and that a public hearing be set for March 1, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 53-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of thth public hearing and ordering bids for the Utility Relocation Project – 9 to 10 Street was adopted 13 setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. RESOLUTION NO. 53-10 THTH UTILITY RELOCATION PROJECT – 9 TO 10 STREET: SANITARY SEWER, 20-INCH TRANSMISSION WATERMAIN, AND FIBER OPTIC CONDUIT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Utility Relocation thth Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit, in the estimated amount $821,422.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 1 day of March, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth The Utility Relocation Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less th than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 9 day of March, 2010. Bids shall be opened and read by the City Clerk at said time and will be th submitted to the City Council for final action at 6:30 p.m. on the 15 day of March, 2010, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55-10 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. 14 RESOLUTION NO. 54-10 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2011 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2011 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2011 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Tuesday, March 9, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 55-10 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2011 THROUGH 2015 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2011 through 2015 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2011 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2011 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2011 through 2015 in the City Council Chambers at the th Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Tuesday, March 9, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Commission: Community Development Advisory Commission. Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and At- Large Term of Maloy). Applicants: Theresa Caldwell, 1633 Elm Street (Low/Moderate Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At-Large). Motion by Braig to appoint Teresa Caldwell and Paula Maloy, to the Community Development Advisory Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the Low/Moderate Income Area and Ms. Maloy to serve At-Large. Seconded by Connors. Motion carried 7-0. 15 PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone – Historic Millwork District: Proof of publication on notice of public hearing to th consider a request from the City of Dubuque to rezone property located south of 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD and Zoning Advisory Commission recommending approval. City Manager recommending that the Historic Millwork District PUD ordinance be referred back to the Zoning Advisory Commission to consider an amendment to the PUD in response to concerns expressed by some property owners. Motion by Connors to refer back to the Zoning Advisory Commission a proposed ordinance Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances, by th reclassifying hereinafter described property located south of 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Ordinances: Proof of publication on notice of public hearing to consider ordinances increasing the franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three percent and City Manager recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 7-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%); Ordinance No. 8-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Black Hills Energy Corporation, its successors and assigns, generated from the sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Maquoketa Valley Energy Cooperative, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%). Seconded by Braig. Budget Director Jenny Larson gave a slide presentation on the history of the franchise fee. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF ALLIANT ENERGY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) th Whereas, City of Dubuque Ordinance No. 58-93, adopted by the City Council on the 4 day of October 1993, granted to Interstate Power Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Alliant Energy is the successor to Interstate Power Company: and 16 Whereas, Ordinance No. 58-93 provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 58-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 of Ordinance No. 58-03 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise granted by Ordinance No. 58-93, there is hereby imposed upon the Company a fee equal to three percent (3%) of the gross revenue generated from the sale of electricity within the city of Dubuque. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 8-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF BLACK HILLS ENERGY CORPORATION, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE DISTRIBUTION AND SALE OF NATURAL GAS OR MIXED GAS WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinances th Appendix C), adopted by the City Council on the 19 day of July, 1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the city of Dubuque; and Whereas, Black Hills Energy Corporation is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93 provides that the City Council may, impose a franchise fee not to exceed three (3) percent of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, Ordinance No. 59-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 of Ordinance No. 59-03 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise granted by Ordinance No. 43-93, there is hereby imposed upon the Company a fee equal to three percent (3%) of the gross revenue generated from the sale of natural and mixed gas within the city of Dubuque. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor 17 Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 9-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) th Whereas, City of Dubuque Ordinance No. 20-04, adopted by the City Council on the 5day of April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 20-04 provided further that the City Council reserved the right to increase or decrease the amount of such franchise fee as it determined to be in the public interest; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The first paragraph of Ordinance No. 20-04 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise, Company shall pay to City a fee equal to three percent (3%) of the gross revenue generated from the sale of electricity within the city of Dubuque. City shall provide Company with a map depicting its current corporate boundaries and shall notify Company of any changes to the same. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council: Request of Cindy Kuhlmann, 1137 Oak Street, to address the City Council in opposition to the construction of multi-family housing on Oak Street. Motion by Lynch to receive and file the information. Seconded by Braig. Ms. Kuhlmann spoke on behalf of the Oak Street area residents and cited safety, increased traffic, and bluff erosion as major issues. Planning Services Manager Laura Carstens provided a zoning history of the area confirming that the site is zoned R-2 Residential and stated that the project is compliant with the Zoning Code. City Council recommended the neighbors try mediation with the developers. Motion carried 7-0. Dewane Lattner, 854 Cleveland Avenue, submitted correspondence related to the Oak Street multi-family housing project. The documents were made a Matter of Record. 18 Preliminary Plat – Felderman Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Felderman Subdivision located on the Northwest Arterial / Arboretum Drive. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Downtown Housing Incentive Awards: City Manager recommending approval of four projects to receive certain incentives to create new housing units within the Greater Downtown Urban Renewal District and authorization to negotiate specific contracts. Motion by Connors to receive and file the documents and adopt Resolution No. 56-10 Approving certain awards from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 56-10 APPROVING CERTAIN AWARDS FROM THE DOWNTOWN HOUSING INCENTIVE POOL TO CREATE NEW MARKET-RATE HOUSING UNITS WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has been successful in encouraging job creation and retention in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project; and Whereas, the City received several applications for assistance from a Request for Proposals due December 21, 2009; and Whereas, such proposals have been reviewed by a recommendation committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the following projects to receive financial assistance for the creation of market-rate housing units within the Greater Downtown Urban Renewal District: Housing Address Developer Units Assistance 756 N. Main Street Hippocrene Enterprises, LLC 4 $40,000 Grant (Walker Shoe Store) 129 Main Street K & E Partnership LLP 2 $12,000 Grant (Knippels Religious Gifts) 163 Main Street D & J Realty 3 $30,000 Grant 392-394 Bluff Street RMF Associates, LLC 2 $10,000 Grant Section 2. That the City Manager is hereby authorized and directed to execute Incentive Agreements for the approved projects. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Free Ride Program with Dubuque Community School District: City Manager recommending approval to renew the Free Ride Program with the Dubuque Community School District for the 19 school year of August 1, 2009 through July 31, 2010. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Resnick requested that the program be reconsidered as a way to solve child obesity related to the “Let’s Move” program by having children walk to school. Council Members stated that while they agreed with Mr. Resnick’s idea, the Free Ride Program had many other benefits to consider. Motion carried 6-1 with Resnick voting nay. Accessible Parking Snow Removal: City Manager recommending approval of an amendment to the City’s Accessible Parking Ordinance which makes property owners, or the property owner’s designee, responsible for the removal of snow from accessible parking spaces and access aisles and prohibits storing snow on accessible spots and access aisles. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the Disabled, Section 9-14-321.705 Prohibited Use of Parking Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a new Subsection C Snow Removal requiring the owner of any lot or parcel with accessible parking spaces and access isles from allowing accumulations of snow or ice thereon. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-10 AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 6 PARKING SPACES FOR THE DISABLED, SECTION 9-14-321.705 PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SUBSECTION C SNOW REMOVAL REQUIRING THE OWNER OF ANY LOT OR PARCEL WITH ACCESSIBLE PARKING SPACES AND ACCESS AISLES FROM ALLOWING ACCUMULATIONS OF SNOW OR ICE THEREON NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.705 of the City of Dubuque Code of Ordinances is amended by adding the following new Subsection C: 9-14-321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES: . . . . C. Snow Removal. 1. The owner of any property on which is located any disabled parking spaces and or access aisles shall not allow any snow or ice, or accumulations thereof, on the property to impede the free access and use of such disabled parking spaces or access aisles. 2. No person shall use a disabled parking space or access aisle, located on either public or private property, for the storage of snow. 3. A property owner notified by written notification from the City Manager of a violation of this section shall remove the snow or ice, or accumulations thereof, within twenty-four (24) hours of receipt of the notification. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 20 th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Final Report of the Sustainability Task Force: City Manager transmitting the final report on the activity of the Sustainability Task Force and recommending adoption of Dubuque’s Sustainability Vision, Three-Part Model, and eleven Sustainability Principles as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Mayor Buol thanked the members of the Task Force for their contributions. Cell Phone Ordinance (First Reading on February 1, 2010): Communications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submitting petition) regarding the proposed cell phone ordinance. 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 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City’s ordinance might be a waste of time. Responding to questions from City Council, Van Milligen stated hands-free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 10 MISCELLANEOUS RULES, BY ADDING A NEW SECTION 9-10-400 PROHIBITING THE USE OF ELECTRONIC COMMUNICATIONS DEVICES WHILE DRIVING A MOTOR VEHICLE Whereas, the use of electronic communications devices by motorists has increased in recent years including within the city of Dubuque; and Whereas, drivers who use a hand-held communications device, and particularly those who are dialing or texting, are at a greater risk of a crash or near crash than drivers who are simply driving; and Whereas, many citizens have acknowledged that they have been hit or nearly hit by a driver using such devices; and Whereas, the consequences of distracted driving due to the use of such devices can be and often are catastrophic; and Whereas the City Council finds that hands-free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios, citizens band radio hybrids, or other electronic communication devices with a push-to-talk function are significantly less distracting than electronic communications devices which require the operator to manually insert letters or figures; and Whereas, the City Council finds that it is within its authority to provide for the health, safety, and welfare of its citizens to regulate the use of such devices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF DUBUQUE, IOWA AS FOLLOWS: 21 Section 1. The City of Dubuque Code of Ordinances, Title 9, Chapter 10, is amended by adding the following new section: 9-10-400: USE OF ELECTRONIC COMMUNICATIONS DEVICES PROHIBITED WHILE DRIVING A MOTOR VEHICLE A. Except as provided in subsection C, no person shall drive a motor vehicle on the public streets within the city of Dubuque while using an electronic communications device for the ordinary purposes for which such devices are used. B. "Electronic communications device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, which requires the operator to manually insert letters or figures, but does not include hands-free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios or citizens band radio hybrids, or other electronic communication devices with a push-to-talk function. C. "Hands-free electronic communications device” means a device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand, provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the device. D. Using an electronic communications device includes but is not limited to the following: 1. Composing, sending, or reading an electronic message; 2. Talking into, dialing or listening on an electronic communications device; 3. Holding an electronic communications device to, or in the immediate proximity of, the person’s ear; or 4. Manipulating an electronic communications device to command or request access to an Internet site E. Subsection A shall not apply to: 1. Public safety personnel, law enforcement officers, and operators of emergency vehicles when on duty and acting in their official capacities. 2. Persons using a hands-free electronic communications device allowing the driver to talk into and listen to the other party without the use of the driver’s hands. 3. Persons using an electronic communications device for the sole purpose of calling 911 or other emergency telephone numbers to contact public safety forces. 4. Persons using an electronic communications device while maintaining a motor vehicle in a stationary parked position while parked off the traveled portion of the road, and while the motor vehicle is not in gear. F. Any person who violates subsection A of this section shall be subject to a scheduled fine as follows: 1. Fifty Dollars ($50) if no traffic accident is involved; 2. Two hundred fifty dollars ($250), if the violation resulted in a traffic accident. Section 2. This ordinance shall take effect upon publication. th Passed, approved and adopted the 15day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 22 COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regarding Collective Bargaining Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 23 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Pledge of Allegiance Invocation was provided by Mayor Roy D. Buol. PROCLAMATION th League of Women Voters 90 Anniversary Week (February 15 – 20, 2010) was accepted by League President Ann Michalski, 1520 Altura Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#20) Safe Community Task Force Facilitator be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Telelprogramming Commission of 1/5; City Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Commission of 2/3; Zoning Board of Adjustment of 1/28 Proofs of publication of City Council Proceedings of January 19, 2010 and List of Claims and Summary of Revenues for month ended December 2009 th Investment Oversight Commission 67 Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: Schwan’s Home Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury. Upon motion the 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: Schwan’s Homes Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury; and Lester Leubka for personal injury. Upon motion the documents were received, filed, and concurred. Salt Dome Conveyor Project: City Manager recommending acceptance of the Salt Dome Conveyor Project as completed by Conlon Construction in the final contract amount of $155,805. Upon motion the documents were received and filed and Resolution No. 36-10 Accepting the Salt Dome Conveyor Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 36-10 ACCEPTING THE SALT DOME CONVEYOR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Salt Dome Conveyor 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 General Fund appropriation for the contract amount of $155,805.00 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. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Montcrest Street Sanitary Sewer Extension Project: City Manager recommending acceptance of the Montcrest Street Sanitary Sewer Extension Project as completed by McDermott Excavating in the final contract amount of $66,822.14, and approval of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 37-10 Accepting the Montcrest Street Sanitary Sewer Extension Project and authorizing payment of the contract amount to the contractor and Resolution No. 38-10 Adopting the final schedule of assessments for the Montcrest Street Sanitary Sewer Extension Project were adopted. RESOLUTION NO. 37-10 ACCEPTING THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Montcrest Street Sanitary Sewer Extension 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; and 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 Sanitary Lateral Connection Assistance Program – Special Assessments and the Stormwater Ditch Remediation appropriations for the contract amount of $66,822.14 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Montcrest Street Sanitary Sewer Extension 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 $70,940.44. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 11 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 38-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MONTCREST STREET SANITARY SEWER EXTENSION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the Montcrest Street Sanitary Sewer Extension Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 3 MONTCREST SANITARY SEWER FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as true valuations of such lots by the city council of the City of Dubuque, Iowa. OWNER; ADDRESS; FULL LEGAL DESCRIPTION; SUBDIVISION; PARCEL NUMBER; GROSS ASSESSMENT; VALUATION; VALUATION w/IMPROVEMENT; DEFICIENCY ASSESSMENT; TOTAL NET ASSESSMENT: Penhollow, Gerald L. & Christine M., 777 Seward Street, Lots 13 to 20, 13A, 16A & 20A Incl. C. H. Meyers Add, Lots 1 to 4 Incl., Pleasant View, 10-23-227-011, $5,704.50, $38,030.00, $48,816.59, $ -0-, $5,704.50; Wickham, Lyle K. III & Marlene K., 795 Montcrest, Lot 15 & 16 Pleasant View Add, Pleasant View Add, 10-23-231-001, $9,814.69, $116,260.00, $126,074.69, $ -0-, $9,814.69; Haugen, Lawrence H. & Ruth, 805 Montcrest, Lot 17 & 18 Pleasant View Add 805-805 1/2 Montcrest, Pleasant View Add., 10-23-230-005, $9,792.60, $71,080.00, $80,872.60, $-0-, $9,792.60. TOTAL: $25,311.80 2009 Manhole Replacement Project: City Manager recommending acceptance of the 2009 Manhole Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $65,472.92. Upon motion the documents were received and filed and Resolution No. 39-10 Accepting the 2009 Manhole Replacement Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 39-10 ACCEPTING THE 2009 SANITARY SEWER MANHOLE REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2009 Sanitary Sewer Manhole Replacement 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 Sanitary Sewer Manhole Replacement appropriation for the contract amount of $65,472.92 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 SANITARY SEWER MANHOLE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2009 Sanitary Sewer Manhole Replacement Project, that the Project has been 4 performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $68,207.80. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk 2009 Intake Reconstruction Project: City Manager recommending acceptance of the 2009 Intake Reconstruction Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon motion the documents were received and filed and Resolution No. 40-10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 40-10 ACCEPTING THE 2009 INTAKE RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2009 Intake Reconstruction 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 Catch Basin Maintenance appropriation for the contract amount of $90,906.45 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 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2009 INTAKE RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2009 Intake Reconstruction 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 $93,188.88. th Dated this 10 day of February, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of February, 2010. Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Project – Acceptance of Easements: City Manager recommending approval of the acceptance of easements in connection with the North Fork Catfish Creek Project. Upon motion the documents were received and filed and Resolution No. 41-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Car- Ann-Jo LLC; Resolution No. 42-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Dubuque Community 5 Church; Resolution No. 43-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Yiannias Place; Resolution No. 44-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Avenarius; Resolution No. 45-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC; and Resolution No. 46-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Selchert Place were adopted. RESOLUTION NO. 41-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, CAR-ANN-JO, LLC has executed an Easement for Sanitary Sewer over and across parts of Lot 1-1-2-2 of NE ¼ NE ¼ Sec. 28, and Lot 1-1-2 W ½ NW ¼ NW ¼ Sec. 27, all in T89N, th R2E, 5 PM, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22800 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1-1-2-2 of NE th ¼ NE ¼ Sec. 28, and Lot 1-1-2 W ½ NW ¼ NW ¼ Sec. 27, all in T89N, R2E, 5 PM in the City of Dubuque, Dubuque County, Iowa, from CAR-ANN-JO, LLC, recorded as Instrument No. 2009- 22800 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 42-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Community Church has executed an Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-0107 in the Office of the Dubuque County Recorder on January 4, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision, in the City of Dubuque, Dubuque County, Iowa, from Dubuque Community Church, recorded as Instrument No. 2010-0107 on January 4, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 6 RESOLUTION NO. 43-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Key City Investment Co. has executed an Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22799 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa, from Key City Investment Co., recorded as Instrument No. 2009-22799 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 44-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Marlin and Ritchie Avenarius have executed an Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009-22801 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa, from Marlin and Ritchie Avenarius, recorded as Instrument No. 2009-22801 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 45-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Mattroy, LLC has executed an Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig’s John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-00673 in the Office of the Dubuque County Recorder on January 14, 2010. 7 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig’s John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa, from Mattroy, LLC recorded as Instrument No. 2010-00673 on January 14, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 46-10 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Stephen J. and Judy L. Selchert has executed an Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010-00001070 in the Office of the Dubuque County Recorder on January 22, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa, from Stephen J. and Judy L. Selchert recorded as Instrument No. 2010-00001070 on January 22, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk South Siegert Farm Lease Extension: City Manager recommending approval of an amendment of the farm lease with William and Janet Siegert for the North Siegert Farm to provide for a one- year lease extension. Upon motion the documents were received and filed and Resolution No. 47- 10 Approving an amendment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert was adopted. RESOLUTION NO. 47-10 APPROVING AN AMENDMENT TO THE FARM LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM AND JANET SIEGERT Whereas, the City of Dubuque, Iowa (City) entered into a Farm Lease with William and Janet Siegert (Siegerts) for certain property as described in the Lease; and Whereas, City and Siegerts desire to amend the Lease as set forth in the attached Amendment to Farm Lease; and Whereas, it is the determination of this Council that approval of the Amendment to Farm Lease, is in the public interest of the citizens of the City of Dubuque. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Amendment to Farm Lease is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amendment to Farm Lease on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Farm Lease, as amended. nd Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to Lease Agreement – Dubuque by Carriage: City Manager recommending approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease of the former Dock Board building until April 30, 2012. Upon motion the documents were received, filed, and approved. Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for the Blue Moon Development Company 2009 property tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitalization Program Applications: City Manager recommending approval of 2009 Urban Revitalization Program applications for residential property tax exemptions. Upon motion the documents were received and filed and Resolution No. 48-10 Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. RESOLUTION NO. 48-10 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban th Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11 Street, Old Main, Cathedral and Langworthy; and Whereas, the City of Dubuque, as of February 1, 2010, received tax abatement applications from the following property owners in the aforementioned urban revitalization districts. Washington Neighborhood Urban Revitalization Area: 1126 White - Jack & Sharon Hyde; 1128 White –Philip & Leah Johnson; 1130 White- Horsfall Inc.; 1132 White- Richardo Cunningham; 1134 White- Andrew Crosh; 1620 -1628 White- Mary & Richard Rokosek; 1732 Jackson-Dale & Linda Wlochal; 1763 White – Richard Properties LLC; 2016 Jackson-Cynthia Meyer; 2064 Washington- Gloria Valdez th West 11 Street Urban Revitalization Area: 9 573-579 Arlington- Julie Lott; 583-593 Arlington- Julie Lott; 609-617 Arlington- Julie Lott; thth 637-641 Arlington- Julie Lott; 595 West 11 Street- Mary & Ken Bichell; 631 West 16 Street- David & Bridget Stipanovich; 658 Chestnut – L. Peter Alt Salvia HouseUrban Revitalization Area: 2160 Elm- Salvia House LTD Langworthy Urban Revitalization Area: 1090 West Third Street- David Klavitter & Kara Bunte Garfield Place II Urban Revitalization Area: 601 Garfield – Davis Place LLC Cathedral Urban Revitalization Area: 448 Bluff- Julie Lott; 205 Bluff- B&C Cathedral Development LLC; 320 Jones- Mike Muench; 322 Jones- Mike Muench; 605 Bluff – Judge Real Estate LLC. Whereas, the Housing and Community Development Department and Building Services Department have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the requirements of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax abatement applications to the City Assessor. th Passed, approved and adopted this 15 day of February 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Black Hills Energy – Contract for Water Meter Reading: City Manager recommending approval of a revised contract with Black Hills Energy to extend the contract for water meter reading through December 2011 for completion of the water meter replacement project. Upon motion the documents were received, filed, and approved. 418 / 420 Emmett Street – Lot Split: Zoning Advisory Commission recommending approval of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the documents were received and filed and Resolution No. 49-10 Approving a plat of survey of Wedig Place in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 49-10 APPROVING A PLAT OF SURVEY OF WEDIG PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey Wedig Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 1,047 square feet and 1,051 square feet of lot area for Lot 1 and Lots 2 respectively, where 1,200 square feet of lot area is required by Section 5-7.7 of Title 16 of the City or Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, Said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-7.7 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 1,047 square feet and 1,051 square feet of lot area for Lot 1 and Lots 2 respectively where 1,200 square feet of lot area is required. Section 2. That the Plat of Survey of Wedig Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to enclose the approval of the City of Dubuque, Iowa upon said final plat. th Passed, approved and adopted this 15 day of February 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: Communication to State Legislators providing a position statement on House Study Bill 573 relating to flood plain management. Communication to State Legislators in opposition to House Study Bill 608 concerning 500 year flood plain regulation. Upon motion the documents were received and filed. 2009 National Park Service Annual Products Report: City Manager transmitting the 2009 National Park Service Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. HOME Partnership Program: Communication from the Iowa Department of Economic Development advising that the City of Dubuque’s HOME Partnership Program has been administered in substantial compliance with finance and program requirements. Upon motion the document was received and filed. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the Vision Iowa Board intends to award the City of Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to promote the Art Market. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment and Facilities for a non-linear editing system to replace the original non-linear editing system that is no longer able to digitize video and is not powerful enough to meet our current editing needs. Upon motion the documents were received, filed, and approved. 2009 Certified Local Government (CLG) Annual Report: City Manager submitting the 2009 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. Safe Community Task Force Facilitator: City Manager recommending approval of a contract with Urban Strategies, Inc. to facilitate the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Connors provided an explanation of why the Task Force is hiring Urban Strategies as an outside facilitator and read a biography of the company into the record. Van Milligen stated that the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Motion carried 7-0. 11 Business License Refund: Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was 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. 50-10 Granting the issuance of a Class “C” Beer Permit to Oky Doky #8; and Resolution No. 51-10 Granting the issuance of a Class “C” Beer/Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey’s, Hammerheads and Tony’s Place; a Class “B” Wine to Oky Doky #8; and a th Class “WBN” Native Wine to National Mississippi River Museum and 16 Street Auto / Truck Plaza were adopted. RESOLUTION NO. 50-10 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 Hill Street Plaza, Inc. Oky Doky # 8 Foods+(Sunday Sale) 535 Hill Street th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 51-10 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. 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 Mr. Roger’s Pub, LLC Mr. Rogers Pub+(Sunday Sale) 2093 Washington Street Fraternal Order of Eagles Eagles Club+(Sunday Sale) 1175 Century Drive Bulldog Billiards, Inc. Bulldog Billiards+(Sunday Sale) 1850 Central Avenue HE-FR, Ltd. Gin Rickeys+(Sunday Sale) 1447 Central Avenue Hammerheads, Inc. Hammerheads Bar+(Sunday Sale) 2095 Kerper Blvd. Charles Steffen Tony’s Place+(Sunday Sale) 1701 Central Avenue CLASS “B” WINE Hill Street Plaza, Inc. Oky Doky # 8 Foods 535 Hill Street CLASS “WBN” NATIVE WINE Dubuque Co. Historical Nat’l Mississippi River Museum 350 E. 3 rd Street Society 12 Mulgrew Oil Co. 16 th Street Auto/Truck Plaza 1215 E. 16 th Street th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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 Voetberg. Motion carried 7-0. Lease Agreement – Dubuque Bruisers Football: City Manager recommending that a public hearing be set for March 1, 2010 to consider a lease agreement with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. RESOLUTION NO. 52-10 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH DOMINICK LOCASCIO, OWNER, DUBUQUE BRUISERS FOOTBALL WHEREAS, the City of Dubuque, Iowa (City) is the owner of the Premises shown on Exhibit A of the Lease, all in Dubuque County, Iowa (the Property); and WHEREAS, Dominick Locascio, Owner, Dubuque Bruisers Football (Team) desires to lease the Property to operate a semi-pro football team, upon the terms set forth in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides among other things for a term of twenty-five years; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease with Team. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque intends to dispose of its interest in the Property as described in the Lease between City and Team. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property, to be held on the 1st day of March, 2010, at 6:30 o’clock p.m. at the Historic Federal Building, 360 W. Sixth Street, Dubuque, Iowa. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk thth Utility Relocation Project – 9 to 10 Street: City Manager recommending initiation of the public thth bidding process for the Utility Relocation Project – 9 to 10 Street and that a public hearing be set for March 1, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 53-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of thth public hearing and ordering bids for the Utility Relocation Project – 9 to 10 Street was adopted 13 setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. RESOLUTION NO. 53-10 THTH UTILITY RELOCATION PROJECT – 9 TO 10 STREET: SANITARY SEWER, 20-INCH TRANSMISSION WATERMAIN, AND FIBER OPTIC CONDUIT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Utility Relocation thth Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit, in the estimated amount $821,422.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 1 day of March, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. thth The Utility Relocation Project – 9 to 10 Street: Sanitary Sewer, 20-Inch Transmission Watermain, and Fiber Optic Conduit is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less th than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 9 day of March, 2010. Bids shall be opened and read by the City Clerk at said time and will be th submitted to the City Council for final action at 6:30 p.m. on the 15 day of March, 2010, in the th Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55-10 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. 14 RESOLUTION NO. 54-10 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2011 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2011 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2011 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Tuesday, March 9, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 55-10 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2011 THROUGH 2015 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2011 through 2015 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2011 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2011 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2011 through 2015 in the City Council Chambers at the th Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Tuesday, March 9, 2010, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 15th day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Commission: Community Development Advisory Commission. Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and At- Large Term of Maloy). Applicants: Theresa Caldwell, 1633 Elm Street (Low/Moderate Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At-Large). Motion by Braig to appoint Teresa Caldwell and Paula Maloy, to the Community Development Advisory Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the Low/Moderate Income Area and Ms. Maloy to serve At-Large. Seconded by Connors. Motion carried 7-0. 15 PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone – Historic Millwork District: Proof of publication on notice of public hearing to th consider a request from the City of Dubuque to rezone property located south of 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD and Zoning Advisory Commission recommending approval. City Manager recommending that the Historic Millwork District PUD ordinance be referred back to the Zoning Advisory Commission to consider an amendment to the PUD in response to concerns expressed by some property owners. Motion by Connors to refer back to the Zoning Advisory Commission a proposed ordinance Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances, by th reclassifying hereinafter described property located south of 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Ordinances: Proof of publication on notice of public hearing to consider ordinances increasing the franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three percent and City Manager recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 7-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%); Ordinance No. 8-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Black Hills Energy Corporation, its successors and assigns, generated from the sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Maquoketa Valley Energy Cooperative, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%). Seconded by Braig. Budget Director Jenny Larson gave a slide presentation on the history of the franchise fee. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF ALLIANT ENERGY, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) th Whereas, City of Dubuque Ordinance No. 58-93, adopted by the City Council on the 4 day of October 1993, granted to Interstate Power Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Alliant Energy is the successor to Interstate Power Company: and 16 Whereas, Ordinance No. 58-93 provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 58-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 of Ordinance No. 58-03 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise granted by Ordinance No. 58-93, there is hereby imposed upon the Company a fee equal to three percent (3%) of the gross revenue generated from the sale of electricity within the city of Dubuque. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 8-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF BLACK HILLS ENERGY CORPORATION, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE DISTRIBUTION AND SALE OF NATURAL GAS OR MIXED GAS WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinances th Appendix C), adopted by the City Council on the 19 day of July, 1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the city of Dubuque; and Whereas, Black Hills Energy Corporation is the successor to Peoples Natural Gas Company; and Whereas, Ordinance No. 43-93 provides that the City Council may, impose a franchise fee not to exceed three (3) percent of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, Ordinance No. 59-03 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 of Ordinance No. 59-03 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise granted by Ordinance No. 43-93, there is hereby imposed upon the Company a fee equal to three percent (3%) of the gross revenue generated from the sale of natural and mixed gas within the city of Dubuque. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor 17 Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 9-10 INCREASING THE FRANCHISE FEE OF TWO PERCENT (2%) OF THE GROSS REVENUE OF MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, GENERATED FROM THE SALE OF ELECTRICITY WITHIN THE CITY OF DUBUQUE TO THREE PERCENT (3%) th Whereas, City of Dubuque Ordinance No. 20-04, adopted by the City Council on the 5day of April, 2004, granted to Maquoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to collectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, Ordinance No. 20-04 imposed a franchise fee equal to two percent (2%) of the gross revenue of the Company generated from the sale of electricity within the city of Dubuque; and Whereas, Ordinance No. 20-04 provided further that the City Council reserved the right to increase or decrease the amount of such franchise fee as it determined to be in the public interest; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the franchise fee to three percent (3%). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The first paragraph of Ordinance No. 20-04 is amended to read as follows: Section 1. Effective June 1, 2010 and for the term of the franchise, Company shall pay to City a fee equal to three percent (3%) of the gross revenue generated from the sale of electricity within the city of Dubuque. City shall provide Company with a map depicting its current corporate boundaries and shall notify Company of any changes to the same. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council: Request of Cindy Kuhlmann, 1137 Oak Street, to address the City Council in opposition to the construction of multi-family housing on Oak Street. Motion by Lynch to receive and file the information. Seconded by Braig. Ms. Kuhlmann spoke on behalf of the Oak Street area residents and cited safety, increased traffic, and bluff erosion as major issues. Planning Services Manager Laura Carstens provided a zoning history of the area confirming that the site is zoned R-2 Residential and stated that the project is compliant with the Zoning Code. City Council recommended the neighbors try mediation with the developers. Motion carried 7-0. Dewane Lattner, 854 Cleveland Avenue, submitted correspondence related to the Oak Street multi-family housing project. The documents were made a Matter of Record. 18 Preliminary Plat – Felderman Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Felderman Subdivision located on the Northwest Arterial / Arboretum Drive. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Downtown Housing Incentive Awards: City Manager recommending approval of four projects to receive certain incentives to create new housing units within the Greater Downtown Urban Renewal District and authorization to negotiate specific contracts. Motion by Connors to receive and file the documents and adopt Resolution No. 56-10 Approving certain awards from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 56-10 APPROVING CERTAIN AWARDS FROM THE DOWNTOWN HOUSING INCENTIVE POOL TO CREATE NEW MARKET-RATE HOUSING UNITS WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City of Dubuque has been successful in encouraging job creation and retention in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project; and Whereas, the City received several applications for assistance from a Request for Proposals due December 21, 2009; and Whereas, such proposals have been reviewed by a recommendation committee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the following projects to receive financial assistance for the creation of market-rate housing units within the Greater Downtown Urban Renewal District: Housing Address Developer Units Assistance 756 N. Main Street Hippocrene Enterprises, LLC 4 $40,000 Grant (Walker Shoe Store) 129 Main Street K & E Partnership LLP 2 $12,000 Grant (Knippels Religious Gifts) 163 Main Street D & J Realty 3 $30,000 Grant 392-394 Bluff Street RMF Associates, LLC 2 $10,000 Grant Section 2. That the City Manager is hereby authorized and directed to execute Incentive Agreements for the approved projects. th Passed, approved and adopted this 15 day of February, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Free Ride Program with Dubuque Community School District: City Manager recommending approval to renew the Free Ride Program with the Dubuque Community School District for the 19 school year of August 1, 2009 through July 31, 2010. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Resnick requested that the program be reconsidered as a way to solve child obesity related to the “Let’s Move” program by having children walk to school. Council Members stated that while they agreed with Mr. Resnick’s idea, the Free Ride Program had many other benefits to consider. Motion carried 6-1 with Resnick voting nay. Accessible Parking Snow Removal: City Manager recommending approval of an amendment to the City’s Accessible Parking Ordinance which makes property owners, or the property owner’s designee, responsible for the removal of snow from accessible parking spaces and access aisles and prohibits storing snow on accessible spots and access aisles. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the Disabled, Section 9-14-321.705 Prohibited Use of Parking Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a new Subsection C Snow Removal requiring the owner of any lot or parcel with accessible parking spaces and access isles from allowing accumulations of snow or ice thereon. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-10 AMENDING TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 6 PARKING SPACES FOR THE DISABLED, SECTION 9-14-321.705 PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SUBSECTION C SNOW REMOVAL REQUIRING THE OWNER OF ANY LOT OR PARCEL WITH ACCESSIBLE PARKING SPACES AND ACCESS AISLES FROM ALLOWING ACCUMULATIONS OF SNOW OR ICE THEREON NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.705 of the City of Dubuque Code of Ordinances is amended by adding the following new Subsection C: 9-14-321.705: PROHIBITED USE OF PARKING PLACES OR IDENTIFICATION DEVICES: . . . . C. Snow Removal. 1. The owner of any property on which is located any disabled parking spaces and or access aisles shall not allow any snow or ice, or accumulations thereof, on the property to impede the free access and use of such disabled parking spaces or access aisles. 2. No person shall use a disabled parking space or access aisle, located on either public or private property, for the storage of snow. 3. A property owner notified by written notification from the City Manager of a violation of this section shall remove the snow or ice, or accumulations thereof, within twenty-four (24) hours of receipt of the notification. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 15 day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 20 th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Final Report of the Sustainability Task Force: City Manager transmitting the final report on the activity of the Sustainability Task Force and recommending adoption of Dubuque’s Sustainability Vision, Three-Part Model, and eleven Sustainability Principles as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Mayor Buol thanked the members of the Task Force for their contributions. Cell Phone Ordinance (First Reading on February 1, 2010): Communications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submitting petition) regarding the proposed cell phone ordinance. 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 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City’s ordinance might be a waste of time. Responding to questions from City Council, Van Milligen stated hands-free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 10 MISCELLANEOUS RULES, BY ADDING A NEW SECTION 9-10-400 PROHIBITING THE USE OF ELECTRONIC COMMUNICATIONS DEVICES WHILE DRIVING A MOTOR VEHICLE Whereas, the use of electronic communications devices by motorists has increased in recent years including within the city of Dubuque; and Whereas, drivers who use a hand-held communications device, and particularly those who are dialing or texting, are at a greater risk of a crash or near crash than drivers who are simply driving; and Whereas, many citizens have acknowledged that they have been hit or nearly hit by a driver using such devices; and Whereas, the consequences of distracted driving due to the use of such devices can be and often are catastrophic; and Whereas the City Council finds that hands-free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios, citizens band radio hybrids, or other electronic communication devices with a push-to-talk function are significantly less distracting than electronic communications devices which require the operator to manually insert letters or figures; and Whereas, the City Council finds that it is within its authority to provide for the health, safety, and welfare of its citizens to regulate the use of such devices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF DUBUQUE, IOWA AS FOLLOWS: 21 Section 1. The City of Dubuque Code of Ordinances, Title 9, Chapter 10, is amended by adding the following new section: 9-10-400: USE OF ELECTRONIC COMMUNICATIONS DEVICES PROHIBITED WHILE DRIVING A MOTOR VEHICLE A. Except as provided in subsection C, no person shall drive a motor vehicle on the public streets within the city of Dubuque while using an electronic communications device for the ordinary purposes for which such devices are used. B. "Electronic communications device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, which requires the operator to manually insert letters or figures, but does not include hands-free electronic communications devices, global positioning systems, navigation systems or emergency notification systems, and citizens band radios or citizens band radio hybrids, or other electronic communication devices with a push-to-talk function. C. "Hands-free electronic communications device” means a device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand, provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the device. D. Using an electronic communications device includes but is not limited to the following: 1. Composing, sending, or reading an electronic message; 2. Talking into, dialing or listening on an electronic communications device; 3. Holding an electronic communications device to, or in the immediate proximity of, the person’s ear; or 4. Manipulating an electronic communications device to command or request access to an Internet site E. Subsection A shall not apply to: 1. Public safety personnel, law enforcement officers, and operators of emergency vehicles when on duty and acting in their official capacities. 2. Persons using a hands-free electronic communications device allowing the driver to talk into and listen to the other party without the use of the driver’s hands. 3. Persons using an electronic communications device for the sole purpose of calling 911 or other emergency telephone numbers to contact public safety forces. 4. Persons using an electronic communications device while maintaining a motor vehicle in a stationary parked position while parked off the traveled portion of the road, and while the motor vehicle is not in gear. F. Any person who violates subsection A of this section shall be subject to a scheduled fine as follows: 1. Fifty Dollars ($50) if no traffic accident is involved; 2. Two hundred fifty dollars ($250), if the violation resulted in a traffic accident. Section 2. This ordinance shall take effect upon publication. th Passed, approved and adopted the 15day of February, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of February, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 22 COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regarding Collective Bargaining Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 23