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6 21 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 June 21, 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 of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Tom Shinkle of Grandview Avenue Methodist Church. PROCLAMATION Colts Drum and Bugle Corps was accepted by Colts Director Greg Orwoll, 1101 Central Avenue; Monarch Moments Month (July, 2010). PRESENTATION Preservation Iowa 2010 Preservation at its Best Award (Historic Millwork District Master Plan) was accepted by Planning Services Manager Laura Carstens. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/7; Historic Preservation Commission of 5/20; Housing Code Appeals Board of 4/20; Human Rights Commission of 5/10; Transit Board of 5/13; Zoning Advisory Commission of 6/2; Zoning Board of Adjustment of 5/27 Proofs of publication of City Council Proceedings of May 17, 2010 and List of Claims and Summary of Revenues for Month Ended April 30, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Susan Welp for vehicle damage: Kerry Robey for vehicle damage; Austin Millius for vehicle damage. Upon motion the documents were received and 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: Susan Welp for vehicle damage; Kerry Robey for vehicle damage; Melissa Sue Devine for vehicle damage; Robert Smith for property damage. Upon motion the documents were received, filed and concurred. Specific and Aggregate Stop Loss Renewal – Health and Prescription Drug: City Manager recommending approval of the renewal rates submitted by American National Life of Texas Life for the City’s specific and aggregate stop loss insurance – health and prescription drug plans. Upon motion the documents were received, filed, and approved. Reclassification of Truck Driver Position: City Manager recommending that the Truck Driver positions in the Water Department be reclassified as Water Distribution Maintenanceworkers. Upon motion the documents were received, filed, and approved. Reclassification of Laborer Position: City Manager recommending that the Laborer position in the Public Works Department be reclassified as a Truck Driver. Upon motion the documents were received, filed, and approved. Collective Bargaining Agreement – International Union of Operating Engineers: City Manager recommending approval of the one-year collective bargaining agreement between the City and the International Union of Operating Engineers, Local #758. Upon motion the documents were received and filed and Resolution No. 191-10 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758 and authorizing the Mayor to sign the Agreement was adopted. RESOLUTION NO. 191-10 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758 submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Interagency Agreement between the City of Dubuque and Dubuque County Board of Health: City Manager recommending approval of an Interagency Agreement with the Dubuque County Board of Health for the inspection and enforcement of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents were received, filed, and approved. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources regarding the recent inspection of the Dubuque Regional Airport Wastewater Treatment Facility. 2 City Manager providing information related to the June 11, 2010 letter from the Iowa Department of Natural Resources. Upon motion the documents were received and filed. Final Plat – Inland Molasses Place No. 2: Zoning Advisory Commission recommending approval of the final plat of Inland Molasses Place No. 2 as requested by the City of Dubuque – Engineering Department. Upon motion the documents were received and filed and Resolution No. 192-10 Approving a final plat of Inland Molasses Place No. 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 192-10 APPROVING A FINAL PLAT INLAND MOLASSES PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat Inland Molasses Place No. 2 in the City of Dubuque, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Inland Molasses Place No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. st Passed, approved and adopted this 21 day of June 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat – Center City Place #2: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #2 located at the southwest corner of East 11 and Washington Streets as requested by Mid America Holdings. Upon motion the documents were received and filed and Resolution No. 193-10 Approving the final plat of Center City Place #2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 193-10 APPROVING THE FINAL PLAT OF SURVEY CENTER CITY PLACE #2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Final Plat of Survey of Center City Place #2 in the City of Dubuque, Iowa; and th Whereas, upon said Final Plat appears streets to be known as East 10 Street (Lot A) and Washington Street (Lot B), together with certain public easements, which the owner, by said Final Plat, has dedicated to the public forever; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 3 th Section 1. That the dedication of East 10 Street (Lot A) and Washington Street (Lot B), and easements as they appear upon said Final Plat, be and the same are hereby accepted. Section 2. That the Final Plat of Center City Place #2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Final Plat. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat – Center City Place #3: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #3 located at the southwest corner of East 10 and Washington Streets as requested by Warehouse Redevelopment, LLC. Upon motion the documents were received and filed and Resolution No. 194-10 Approving the final plat of Center City Place #3 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 194-10 APPROVING THE FINAL PLAT OF CENTER CITY PLACE #3 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Survey of Center City Place #3 in the City of Dubuque, Iowa; and th Whereas, upon said Final Plat appears streets to be known as East 10 Street (Lot A) and Washington Street (Lot B), together with certain public easements, which the owner, by said Final Plat, has dedicated to the public forever; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Section 1. That the dedication of East 10 Street (Lot A) and Washington Street (Lot B), and easements as they appear upon said Final Plat, be and the same are hereby accepted. Section 2. That the Final Plat of Center City Place #3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Final Plat. st Passed, approved and adopted this 21 day of June 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat – Center City Place #4: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #4 located at the southeast corner of East 10 and Jackson Streets as requested by Caradco Building, LLP. Upon motion the documents were received and filed and Resolution No. 195-10 Approving the final plat of Center City Place #4 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 195-10 APPROVING THE PLAT OF SURVEY OF CENTER CITY PLACE #4 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Center City Place #4 in the City of Dubuque, Iowa; and. 4 Whereas, upon said Plat of Survey appears streets Lot A, together with certain public easements, which the owner, by said plat of survey, has dedicated to the public forever; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A, and easements as they appear upon said Plat of Survey, be and the same are hereby accepted. Section 2. That the Plat of Survey of Center City Place #4 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey. st Passed, approved and adopted this 21 day of June 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Final Plat – Center City Place #5: Zoning Advisory Commission recommending approval of th the final plat of Center City Place #5 located at the northeast corner of East 10 and Jackson Streets as requested by Mid America Holdings. Upon motion the documents were received and filed and Resolution No. 196-10 Approving the final plat of Center City Place #5 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 196-10 APPROVING THE PLAT OF SURVEY OF CENTER CITY PLACE #5 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a Plat of Survey of Center City Place #5 in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey appears streets Lot A, together with certain public easements, which the owner, by said Plat of Survey, has dedicated to the public forever; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A, and easements as they appear upon said Plat of Survey, be and the same are hereby accepted. Section 2. That the Plat of Survey of Center City Place #5 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey. st Passed, approved and adopted this 21 day of June 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk McAleece Park and Recreation Complex Parking Lot Reconstruction Project: City Manager recommending award of the public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project to Mathy Construction Company in the amount of $248,673.25. Upon motion the documents were received and filed and Resolution No. 197- 5 10 Awarding public improvement contract for the McAleece Park and Recreation Parking Lot Reconstruction Project was adopted. RESOLUTION NO. 197-10 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE MCALEECE PARK AND RECREATION COMPLEX PARKING LOT RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the McAleece Park and Recreation Complex Parking Lot Reconstruction Project (the Project) pursuant to Resolution No. 161-10 and Notice to Bidders published in a newspaper published in the City of Dubuque, st Iowa on the 21 day of May, 2010; and th Whereas, said sealed proposals were opened and read on the 10 day of June, 2010 and it has been determined that River City Paving, a Division of Mathy Construction Company of Dubuque, Iowa, with a bid in the amount of $248,673.25, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to River City Paving, a Division of Mathy Construction Company, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Sustainable Cities Institute (SCI) Pilot Community Application: City Manager recommending approval of the Sustainable Cities Institute grant application in the amount of $500,000. Upon motion the documents were received, filed, and approved. Third Street Overpass Bridge Repair Project: City Manager recommending approval of the Iowa Department of Transportation Supplemental Funding Agreement for the Third Street Overpass Bridge Repair Project. Upon motion the documents were received and filed and Resolution No. 198-10 Approving the Iowa Department of Transportation Supplemental Agreement for maintenance of primary roads in municipalities for the Third Street Overpass Bridge Approach Repair Project was adopted. RESOLUTION NO. 198-10 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL AGREEMENT FOR MAINTENANCE OF PRIMARY ROADS IN MUNICIPALITIES FOR THE THIRD STREET OVERPASS BRIDGE APPROACH REPAIR PROJECT Whereas, the City of Dubuque (City) will be the lead agency responsible for the administration of the Third Street Overpass Bridge Approach Repair Project; and Whereas, the Third Street Overpass Bridge Approach Repair Project in Dubuque has been developed to include: section repair to the east abutment retaining wall; replacement of 300 feet of concrete sidewalk on both the east and west sides; and the roadway resurfacing on both the east and west abutment approaches; and Whereas, the City, in partnership with the Iowa Department of Transportation, will finance the Third Street Overpass Bridge Approach Repair Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. That said Iowa Department of Transportation (Iowa DOT) Supplemental Agreement for Maintenance of Primary Roads in Municipalities between the City of Dubuque and the Iowa Department of Transportation be approved for the Third Street Overpass Bridge Approach Repair Project in Dubuque. Section 2. That the Mayor be authorized and directed to execute two copies of Supplemental Agreement for Maintenance of Primary Roads in Municipalities for the Third Street Overpass Bridge Approach Repair Project in Dubuque. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fire Station #4 Re-Roof Project: City Manager recommending that the award for the Fire Station #4 Re-Roof Project be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Federal Emergency Management Agency: City Manager transmitting information on the correspondence from the Federal Emergency Management Agency regarding the proposed flood plain maps for the City of Dubuque. Upon motion the documents were received and filed. Roosevelt Road Water Tower Project: City Manager recommending acceptance of the warranty deed for property at 3301 Roosevelt Avenue from Fondell Excavating, Inc., for the Roosevelt Street Water Tower Project. Upon motion the documents were received and filed and Resolution No. 199-10 Accepting the deed to certain real estate in Dubuque County, Iowa, from Fondell Excavating, Inc., was adopted. RESOLUTION NO. 199-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, FROM FONDELL EXCAVATING, INC. Whereas, the City of Dubuque entered into an Agreement with Fondell Excavating, Inc., for the purchase of the property at 3301 Roosevelt Avenue, Dubuque, Iowa, for the purpose of the Roosevelt Street Water Tower Project, legally described as: Lot 1 of Orchard Park Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Fondell Excavating, Inc., attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Government Finance Officers Association: City Manager advising that the City has received nd for the 22 consecutive year the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the City’s Comprehensive Annual Financial Report for the fiscal year ended June 30, 2009. Upon motion the documents were received and filed. 7 Iowa Department of Natural Resources (IDNR) Funding Contract: City Manager recommending approval of Amendment #1 to the Iowa Department of Natural Resources funding contract regarding the E.B. Lyons Center expansion project. Upon motion the documents were received, filed, and approved. Terminal Street Pumping Station Improvements Project: City Manager recommending acceptance of the Terminal Street Pumping Station Improvements Project as completed by Morse Electric in the final amount of $615,475. Upon motion the documents were received and filed and Resolution No. 200-10 Accepting the Terminal Street Pumping Station Improvements Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 200-10 ACCEPTING THE TERMINAL STREET PUMP STATION ELECTRICAL IMPROVEMENTS AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Terminal Pump Station Electrical Improvements has been completed and the Engineer has examined the work stating the Project has been completed according to the terms of the Public Improvement Contract and that the Water Pollution Control Manager 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 Water Pollution Control Manager is approved and the Project is hereby accepted with a final contract amount of $615.475.00. Section 2. The Finance Director is hereby directed to pay to the Contractor for the contract amount of $61.475.00. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Citizen Communication: Communication from Vaughan C. Yaklin requesting that the City Council consider a resolution regarding substantial reformative legislation reining in the derivatives market. Upon motion the documents were received and filed. Creation of Recovery Zone Area: City Manager recommending approval of the creation of a Recovery Zone Area to facilitate the use of Recovery Zone Bonds and Recovery Zone Economic Development Bonds. Upon motion the documents were received and filed and Resolution No. 201-10 Approving the establishment of a Recovery Zone Area within the City of Dubuque was adopted. RESOLUTION NO. 201-10 APPROVING THE ESTABLISHMENT OF A RECOVERY ZONE AREA WITHIN THE CITY OF DUBUQUE. Whereas, the County of Dubuque has received two allocations of Recovery Zone Bond volume cap under the authority of Section 1400U-1(a) of the internal Revenue code of 1986, as amended, relating to the issuance of Recovery Zone Facility Bonds and Recovery Zone Economic Development Bonds, which if not committed by July 1, 2010 shall be recaptured and allocated by the Iowa Finance Authority (IFA) under House File 2487 enacted by the Iowa General Assembly; and 8 Whereas, the City of Dubuque, Iowa, has received permission from the County to utilize the foregoing Bond allocations; and Whereas, a Recovery Zone area must be established to facilitate the use of the Bonds; and Whereas, eligible Recovery Zones are those areas designated by the issuer as having significant poverty, unemployment, rate of home foreclosures or general distress; and Whereas, Enterprise Zone 1A and Enterprise Zone 2A of the City were established November 15, 2007 and fit the definition as a Recovery Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. A Recovery Zone is hereby established within the City of Dubuque, pursuant to Section 1400U-1(b)(1) of the internal Revenue Code of 1986, as amended, having the boundaries of existing Enterprise Zone 1A and Enterprise Zone 2A within the City and including all of the territory located therein. Section 2. The City Manager is hereby directed to notify the Iowa Finance Authority of the creation of the Recovery Zone, to file such applications with IFA as may be necessary or appropriate to receive allocations of Recovery Zone Bond volume cap, and to take such other actions as may be necessary or desirable to carry out the provisions of this resolution and to assure compliance with federal laws relating to the issuance of Recovery Zone Bonds. st Passed, approved and adopted this 21 day of June 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Purchase of Unbudgeted Utility Truck/Welder Unit: City Manager recommending approval of the purchase of an unbudgeted utility truck/welder unit for the Parking Division. Upon motion the documents were received, filed, and approved. Workers’ Compensation Claim: City Manager recommending approval of the settlement of the workers’ compensation claim of John Gotto. Upon motion the documents were received, filed, and approved. National Mississippi River Museum and Aquarium: Communication from Jerry Enzler, Executive Director – Dubuque County Historical Society, requesting to lease the land between the National Mississippi River Museum and Aquarium and the new National River Center. Upon motion the document was received and filed and referred to the City Manager. Americans with Disabilities Commemoration Roundtable: Communication from the Human Rights Commission inviting the City Council to attend the ADA Commemoration Roundtable to be held on Thursday, July 8, 2010. Upon motion the document was received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 202-10 Granting the issuance of a Class “B” Beer Permit to the Colts Community Center and a Class “C” Beer Permit to Pioneers Rest Stop; Resolution No. 203-10 Granting the issuance of a Class “C” Beer/Liquor License to Mason Dixon Saloon, National River Museum, Applebee’s Grill and Bar, Creslanes Bowling, Fischer Lanes, Rotary Club, American Legion, Paul’s Tavern and Five Flags Center; a Class “B” Wine Permit to Ooh LaLa; Class “B” Wine (Six Month) Permit to Church of the Resurrection and a Class “C” Beer/Liquor License (Five Day Special Event) to Dubuque Area Labor Management Council; and Resolution No. 204-10 9 Granting the issuance of fifty-two (52) renewal permits to sell cigarettes within the City of Dubuque were adopted. RESOLUTION NO. 202-10 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 “B” BEER PERMIT Legionnaires Drum/Bugle Corps Colts Community Center 1101 Central Avenue +(Sunday Sale) CLASS “C” BEER PERMIT Pioneers Rest Stop, LLC Pioneers Rest Stop 4900 Old Highway Road +(Sunday Sale) Passed, approved and adopted this 21st day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 203-10 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 Mason Dixon, Inc. Mason Dixon Saloon+(Sunday Sale) 163 Main Street DBQ Co. Historical Society National Miss. River Museum/Aquarium 400 E. 3 rd Street +(Sunday Sale) Apple Corp, LP Applebee’s Grill & Bar 1395 Associates Drive +(Sunday Sale) Creslanes Bowling, Inc. Creslanes Bowling+(Sunday Sale) 255 S. Main Street Plastic Center, Inc. Fischer Lanes+(Sunday Sale) 880 Locust Street Rotary Club of Dubuque Rotary Club+(Sunday Sale) 135 W. 8 th Street American Legion # 6 American Legion Post # (Sunday Sale) 1306 Delhi Street Tom Koch, Inc. Paul’s Tavern+(Sunday Sale) 176 Locust Street SMG Food/Beverage, LLC Five Flags Center+(Sunday Sale) 405 Main Street CLASS “B” WINE Creative Touch Gallery Ooh LaLa 3460 Hillcrest Road CLASS “B” WINE (6 MONTH) Church of the Resurrection Church of the Resurrection 4300 Asbury Road 10 CLASS “C” BEER/LIQUOR LICENSE (5-DAY SPECIAL EVENT) DBQ Area Labor Management DBQ Area Labor Management Town Clock Plaza st Passed, approved and adopted this 21 day of June, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 204-10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 52 RENEWALS 16 th St Auto Truck Plaza Mulgrew Oil Company 1215 E.16 th Street Aragon Tap Myra K. Woodman 1103 Iowa Street Beecher Co, Inc. Beecher Co., Inc. 1691 Asbury Road Big 10 Mart Molo Oil Company 1875 JFK Road Big 10 Mart Molo Oil Company 2100 JFK Road Casey’s General Store # 2420 Casey’s Marketing 2699 Rockdale Road Casey’s General Store# 2421 Casey’s Marketing 4003 Peru Road Clark o Dubuque Omer Farooq 700 Rhomberg Avenue Dubuque Mining Co. Apartment, Ltd. 555 JFK Road Mystique Casino DBQ Racing Association 1855 Greyhound Park Drive Eagle Country Market Downtown Eagle, Inc. 1800 Elm Street Family Mart, Inc. Family Mart, Inc. 3201 Central Avenue Hammerheads Bar & Billiards Hammerheads, Inc. 2095 Kerper Blvd. # 2 Hartig Drug Company # 2 Hartig Drug Company 157 Locust Street Hartig Drug Company # 3 Hartig Drug Company 2255 JFK Road Hartig Drug Company # 4 Hartig Drug Company 2225 Central Avenue Hartig Drug Company # 8 Hartig Drug Company 1600 University Avenue Hy-Vee Food Store # 1 Hy-Vee, Inc. 3500 Dodge Street Hy-Vee Food Store # 2 Hy-Vee, Inc. 2393 NW Arterial Hy-Vee Food Store # 3 Hy-Vee, Inc. 400 S Locust Street Hy-Vee Wine & Spirits # 1 Hy-Vee, Inc. 3500 Dodge Street Hy-Vee Gas # 2 Hy-Vee, Inc. 2435 NW Arterial Hy-Vee Gas # 3 Hy-Vee, Inc. 300 S Locust Street Iowa Street Market, Inc. Terrence J. Norton 1256 Iowa Street Kwik Star # 495 Kwik Tri, Inc. 2685 Dodge Street Kwik Stop Rainbo Oil Company 2255 Kerper Blvd. Kwik Stop Rainbo Oil Company 2390 Central Avenue Kwik Stop Rainbo Oil Company 2320 Hwy 61 South Kwik Stop Rainbo Oil Company 4039 Pennsylvania Avenue Kwik Stop Rainbo Oil Company 2335 University Avenue Kwik Stop Rainbo Oil Company 2150 Twin Valley Road McCann’s Service, Inc. McCann’s Service, Inc. 690 W. Locust Street Oky Doky # 1 TFM Co. 250 W 1 st Street Oky Doky # 2 TFM Co. 51 W. 32 nd Street Oky Doky # 8 Hill St Plaza 535 Hill Street Paro Food Mart Sahajanand Enterprise, Inc. 3200 Central Avenue 11 Phillips 66 Liberty Station, LLC 10 S Main Street Plaza 20 BP/Amoco R Future Inc 2600 Dodge Street Pioneer’s Rest Stop LLC Pioneer’s Rest Stop, LLC 4900 Old Highway Road Puff n Snuff Molo Oil Co. 1101 Rhomberg Avenue Road Ranger # 159 Road Ranger, LLC 2175 Central Avenue Ron’s 5 Point Mart R Future, Inc. 405 Rhomberg Avenue Ron’s Discount Smokes/Beverage RKM LLC 3300 Asbury Road Ron’s Discount Smokes/Beverage RKM LLC 1450 Loras Blvd. The Riviera Lounge, Ltd. O’Clock Industries, Inc. 116 W. 13 th Street Sid’s Beverage Beverly Miller 2727 Dodge Street Tobacco Outlet Plus # 504 Kwik Trip, Inc. 806 Wacker Dr # 140 Walgreen # 6154 Walgreen Co. 2260 JFK Road Walgreen # 9708 Walgreen Co. 55 JFK Road Walgreen # 11942 Walgreen Co. 345 E. 20 th Street Wal-Mart Supercenter # 2004 Wal-Mart Stores, Inc. 4200 Dodge Street Walnut Tap Craig J. Weiner 709 University Avenue st Passed, approved and adopted this 21 day of June, 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 Braig. Motion carried 7-0. Dubuque County Lease: City Manager recommending that a public hearing be set for July 6, 2010 to consider a proposed five year lease with Dubuque County for space in the Historic Federal Building. Upon motion the documents were received and filed and Resolution No. 205- 10 Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and Dubuque County was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. RESOLUTION NO. 205-10 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY Whereas, the City of Dubuque, Iowa (City), owns the real property described as the Historic th Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and Whereas, City and Dubuque County have negotiated a Lease Agreement for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City th Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described real property by Lease Agreement between City and Dubuque County. 12 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 th intent to dispose of the foregoing-described real property, to be held on the 6 day of July, 2010, th at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6 Street, Dubuque, Iowa. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Riverfront Marina – Ice Harbor Location: City Manager recommending that a public hearing be set for July 6, 2010 to consider the Riverfront Marina – Ice Harbor location. Upon motion the documents were received and filed and Resolution No. 206-10 Setting a time and place for a public hearing for the Port of Dubuque – Riverfront Marina Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. RESOLUTION NO. 206-10 PORT OF DUBUQUE – RIVERFRONT MARINA PROJECT SETTING A TIME AND PLACE FOR A PUBLIC HEARING FOR THE PORT OF DUBUQUE - RIVERFRONT MARINA PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th A public hearing will be held on the 6 day of July, 2010 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building at which time interested persons may appear and be heard for or against the Port of Dubuque - Riverfront Marina Project and the proposed Ice Harbor location. 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 address the City Council concerning the Port of Dubuque – Riverfront Marina Project and the proposed Ice Harbor location. st Passed, adopted and approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Easement Agreement for Washington Row Houses Project: City Manager recommending that a public hearing be set for July 6, 2010 to consider the disposition of real property owned by the City in the form of an easement agreement for common uses of property at the th “Washington Row Houses” located at 1765 – 1795 Washington Street and 260 East 18 Street. Upon motion the documents were received and filed and Resolution No. 207-10 Setting a public hearing on a proposed easement agreement between the City of Dubuque , Iowa, (City), Keith Karlton Clark and Mary E. Clark (Clark), DB&T Community Development Corp. (DB&T CDC), and Gary F. Bishop (Bishop), establishing rights and duties of the parties relating to the Washington Street Row Houses Projectwas adoptedsetting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. 13 RESOLUTION NO. 207-10 SETTING A PUBLIC HEARING ON A PROPOSED EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE , IOWA (CITY), KEITH KARLTON CLARK AND MARY E. CLARK (CLARK), DB&T COMMUNITY DEVELOPMENT CORP. (DB&T CDC), AND GARY F. BISHOP (BISHOP), ESTABLISHING RIGHTS AND DUTIES OF THE PARTIES RELATING TO THE WASHINGTON STREET ROW HOUSES PROJECT Whereas, City, Clark, DB&T CDC, and Gary F. Bishop are owners of the real estate related to the Washington Row Houses Project; and Whereas, these parties wish to revise, restate and establish various rights and obligations of the parties, their successors and assigns with respect to use, access, construction and maintenance of structures and open space, city water, sanitary sewer, storm water, drainage and utilities relating to the Washington Street Row Houses Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.3 of a public hearing on the City Council's th intent to approve the Easement Agreement attached hereto, to be held on the 7 day of July, 2010 at 6:30 o'clock p.m. to be held at the City Council Chambers at the Historical Federal th Building at 350 West 6 Street, Dubuque, Iowa. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk IA 32 and Asbury Road Turn Lane Improvements Project: City Manager recommending initiation of the public bidding process for the IA 32 and Asbury Road Turn Lane Improvements Project and that a public hearing be set for July 6, 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. 208-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 and Asbury Road Turn Lane Improvements Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2010 in the Historic Federal Building. RESOLUTION NO. 208-10 IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT IOWA DOT PROJECT NO. STP-32-1(30)--2C-31 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 IA 32 and , Asbury Road Turn Lane Improvements Project Iowa DOT Project No. STP-32-1(30)--2C-31, in the estimated amount $670,700.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 6 day of July, 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 14 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. , The IA 32 and Asbury Road Turn Lane Improvements Project Iowa DOT Project No. STP- 32-1(30)--2C-31, 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 than four but not more than forty-five days before the date for filing bids before 10:00 a.m. Central Time, with opening and reading of bids by the Iowa Department of th Transportation on the 20 day of July, 2010. Bids shall be opened and read by the Iowa Department of Transportation after 10:30 a.m. Central Time on the same date and will be nd submitted to the City Council for final action on the 2 day of August, 2010 in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission (Arts Community Representatives). Four 3- year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants: Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 900 Clarke Drive; Paul Kohl, 60 Lindberg Terrace; Marina O’Rourke Rosenow, 2085 Mullen Road; and Susan Riedel, 282 Kelly’s Bluff. Upon roll call vote Paul Hemmer, Louise Kames, Marina O’Rourke Rosenow, and Susan Riedel were appointed to the Arts and Cultural Affairs Advisory Commission for 3-year terms through June 30, 2013. Council Member Resnick abstained from a fourth choice citing a conflict of interest. Civic Center Commission: Three 3-year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt). Applicants: Rod Bakke, 3030 Karen Street; Marilynne Field, 1805 Eden Lane; Barb Kurt, 1304 Atlantic Street. Motion by Braig to appoint Rod Bakke, Marilynne Field, and Barb Kurt to the Civic Center Commission for 3-year terms through June 29, 2013. Seconded by Connors. Motion carried 7-0. Historic Preservation Commission (Jackson Street Historic District). One 3-year term th through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17 Street. Motion by Connors to appoint Robert McDonell to the Historic Preservation Commission’s Jackson Street Historic District for a 3-year term through July 1, 2013. Seconded by Braig. Motion carried 7-0. Human Rights Commission: One 3-year term through January 1, 2011 (Vacant term of Allan). Applicants: Frederick Davis, Jr., 2374 Green Street; and Robert Yunk, 815 Rose Street. Upon roll call vote Frederick Davis, Jr. was appointed to the Human Rights Commission to complete a 3-year term through January 1, 2011. Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Reisdorf and Ruden). Applicants: Stephen Reisdorf, 740 Brookview Square; and Gary 15 st Ruden, 325 West 1 Street. Motion by Connors to appoint Stephen Reisdorf and Gary Ruden to the Investment Oversight Advisory Commission for 3-year terms through July 1, 2013. Seconded by Braig. Motion carried 7-0. Library Board of Trustees – Mayor Appointment: Two 4-year terms through July 1, 2014 (Terms of Guns and Kolz). Applicants: Diann Guns, 1715 Diane Court; Fred Miller, 2462 Central Avenue; Gail Murphy, 3097 Oak View Court; and Lorri Regan, 2659 Queen Street. Upon City Council concurrence, Mayor Buol appointed Diann Guns and Fred Miller to the Library Board of Trustees for 4-year terms through July 1, 2014. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Prochaska and Winterwood). Applicants: Lou Oswald, 1080 Nowata Street; James Prochaska, 1410 Parkway Street; and Charles Winterwood, 1555 Montrose Terrace. Upon roll call vote, James Prochaska and Charles Winterwood were appointed to the Long Range Planning Advisory Commission for 3-year terms through July 1, 2013. Park and Recreation Commission: Three 3-year terms through June 30, 2013 (Terms of th Harjehausen, Hoffmann, Lyness). Applicants: Shane Duncan, 623 West 8 Street; Don Foley, 2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley Street; Kenneth Klinge, 2267 Carter Road; Karen Lyness, 89 Alpine Street; and David Schlueter, 2645 Crescent Ridge. Upon roll call vote, Paul Hoffman, Karen Lyness, and David Schlueter were appointed to the Park and Recreation Commission for 3-year terms through June 30, 2013. TV Cable Regulatory Commission: One 3-year terms through June 30, 2013 (Term of Stevens). Applicant: Kevin Stevens, 1735 Lawndale Street. Motion by Connors to appoint Kevin Stevens to the TV Cable Regulatory Commission for a 3-year term through June 30, 2013. Seconded by Braig. Motion carried 7-0. Zoning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Norton and Stiles). Applicants: Patrick Norton, 2739 Burden Avenue; and Jeff Stiles, 3087 Central Avenue. Motion by Braig to appoint Patrick Norton and Jeff Stiles to the Zoning Advisory Commission for 3-year terms through July 1, 2013. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. University of Dubuque – Amend Institutional District: Proof of publication on notice of public hearing to consider a request from the University of Dubuque to amend the ID Institutional District to allow construction of an expanded parking lot, a new parking lot, and a new office/classroom building near the corner of Finley and West Streets and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 28-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan to allow construction of an expanded parking lot, a new parking lot, and a new office/classroom building for the University of Dubuque ID Institutional District near the corner of Finley and West Streets. Seconded by Braig. Vice President of Finance for the University of Dubuque Jim Steiner provided a 16 presentation in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF AN EXPANDED PARKING LOT, A NEW PARKING LOT AND A NEW OFFICE/CLASSROOM BUILDING FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT NEAR THE CORNER OF FINLEY AND WEST STREETS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by providing for the approval of an amended campus development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above- described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affiliates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly. d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates. f. Single-family, two-family or multi-family dwellings for the housing of institutional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200’) from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed Mercer Birmingham Hall, the proposed parking lot at the corner of Finley and West Streets, and the proposed parking lot at Finley and McCormick Streets shall be constructed in substantial conformance with the attached amended campus development plan. 17 C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to commencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified Development Code. 5. All utilities, including telephone and cable television, shall be installed underground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows. 1. The number, size and layout of off-street parking shall be in substantial compliance with the amended campus plan. 2. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. I. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. st Passed, approved and adopted this 21 day of June, 2010. 18 /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request to Rezone – Toby Kress: Proof of publication on notice of public hearing to consider a request from Toby Kress to rezone the west portion of Lot 1 Kunde Place #3 located on Old Highway Road from AG Agricultural District to CR Commercial Recreation District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 29-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of Old Highway Road from AG Agricultural District to CR Commercial Recreation District with conditions. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report and stated that as required property owners within 200 feet of the area were informed of the request and the public hearing process. Developer Toby Kress, 3020 N. Cascade Road, spoke in support of the proposed ordinance. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to CR Commercial Recreation District, with conditions, to wit: West portion of Lot 1 Kunde Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publication, as provided by law. st Passed, approved and adopted this 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: West portion of Lot 1 Kunde Place, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 29-10, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: 19 A) Performance Standards 1) That a minimum of 70 evergreens shall be planted along the west side of the property. B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. C) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 29-10. D) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. E) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 29-10 I, Toby Kress, having read the terms and conditions of the foregoing Ordinance No. 29-10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 9 day of June, 2010. /s/Toby Kress th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request to Rezone – Scott Potter: Proof of publication on notice of public hearing to consider a request from Scott Potter to rezone property located at 525 Garfield Avenue / 1907 and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 30-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 525 Garfield and 1907 and 1911 Johnson Street from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District. Seconded by Braig. Scott Potter, 515 Garfield, spoke in support of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 525 GARFIELD AND 1907 & 1911 JOHNSON STREET FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT AND R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-3 General Commercial District, to wit: Lot 1, Lot 3 and Lot 4 of Scharles Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take affect upon publications, as provided by law. st Passed, approved and adopted this 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Victory Café – Development Agreement: Proof of publication on notice of public hearing to consider a Development Agreement between the City and Victory Café – Dubuque, Inc., to redevelop property at 756 Main Street and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 209-10 Approving a Development Agreement with Victory Café – Dubuque, Inc., for the property located at 756 Main Street. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 209-10 APPROVING A DEVELOPMENT AGREEMENT WITH THE VICTORY CAFÉ – DUBUQUE, INC., FOR THE PROPERTY LOCATED AT 756 MAIN STREET Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa, is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from The Victory Café – Dubuque, Inc., meets the requirements of this program; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property by The Victory Café – Dubuque, Inc., according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with The Victory Café – Dubuque, Inc., is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with The Victory Café – Dubuque, Inc. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. 21 st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Loan Agreement with Iowa Finance Authority: Proof of publication on notice of public hearing to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create workforce housing rental units in the Historic Millwork District and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 210- 10 Instituting proceedings to take additional action for the authorization of a loan agreement with the Iowa Finance Authority; Resolution No. 211-10 Approving and authorizing a form of loan agreement and authorizing and providing for the issuance and securing the payment of a promissory note of the City of Dubuque, Iowa, and providing for a method of payment of said note; and Resolution No. 212-10 Approving a loan agreement with the Iowa Finance Authority (IFA) on behalf of the City of Dubuque to establish a local revolving loan fund for workforce and market rate housing in the Historic Millwork District. Seconded by Voetberg. Dubuque Main Street Executive Director Dan LoBianco spoke in support of the recommendation. Motion carried 7-0. RESOLUTION NO. 210-10 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT WITH THE IOWA FINANCE AUTHORITY Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan Agreement with the Iowa Finance Authority in the principal amount of $4,500,000 for the purpose of paying costs of the funding of workforce housing assistance loans to private developers constructing improvements and rehabilitating historic buildings for residential and commercial use in the Greater Downtown Urban Renewal Area, and has considered the extent of objections received from residents or property owners as to the proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan Agreement for the foregoing purpose. st Passed and approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 211-10 RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN AGREEMENT AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF A PROMISSORY NOTE OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID NOTE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the funding of workforce housing assistance loans to private developers constructing improvements and rehabilitating historic buildings for residential and commercial use in the Greater Downtown Urban Renewal Area, an essential corporate purpose, and it is deemed necessary and advisable that a form of Loan 22 Agreement with the Iowa Finance Authority in the principal amount of $4,500,000 be approved and authorized; and Whereas, pursuant to notice published as required by Sections 384.24A and 384.25 of said Code, this Council has held a public meeting and hearing upon the proposal to institute proceedings and is therefore now authorized to proceed with the issuance of the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Definitions. The following terms shall have the following meanings in this Resolution unless the text expressly or by necessary implication requires otherwise:  "Issuer" and "City" shall mean the City of Dubuque, State of Iowa.  "Lender" shall mean the Iowa Finance Authority.  "Loan Agreement" shall mean a Loan Agreement between the Issuer and the Lender in substantially the form attached to and approved by this Resolution.  "Note Fund" shall mean the fund created in Section 4 of this Resolution.  "Paying Agent" shall mean the City Treasurer, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Note as the same shall become due.  "Project" shall mean the costs of the funding of workforce housing assistance loans to private developers constructing improvements and rehabilitating historic buildings for residential and commercial use in the Greater Downtown Urban Renewal Area.  "Project Fund" shall mean the fund required to be established by this Resolution for the deposit of the proceeds of the Note.  "Promissory Note" or "Note" shall mean the Promissory Note issued by the City to the Lender under the terms of the Loan Agreement in the aggregate amount of $4,500,000, authorized to be issued by this Resolution.  "Registrar" shall mean the City Treasurer of Dubuque, Iowa, or such successor as may be approved by Issuer as provided herein and who shall carry out the duties prescribed herein with respect to maintaining a register of the owners of the Note. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Note.  "Resolution" shall mean this resolution authorizing the Loan Agreement.  "Treasurer" shall mean the City Treasurer or such other officer as shall succeed to the same duties and responsibilities with respect to the recording and payment of the Notes issued hereunder. Section 2. Loan Agreement. The form of Loan Agreement in substantially the form attached to this Resolution is hereby approved and is authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. Levy and Certification of Annual Tax; Other Funds to be Used. (a) Levy of Annual Tax. That for the purpose of providing funds to pay the principal and interest of the Note hereinafter authorized to be issued, there is hereby levied for each future year the following direct annual tax on all of the taxable property in the City of Dubuque, State of Iowa, to-wit: FISCAL YEAR (JULY 1 TO JUNE 30) AMOUNT YEAR OF COLLECTION $135,000 2010/2011 23 $135,000 2011/2012 $135,000 2012/2013 $135,000 2013/2014 $135,000 2014/2015 $135,000 2015/2016 $135,000 2016/2017 $135,000 2017/2018 $135,000 2018/2019 $217,922 2019/2020 $300,844 2020/2021 $300,844 2021/2022 $300,844 2022/2023 $300,844 2023/2024 $300,844 2024/2025 $300,844 2025/2026 $300,844 2026/2027 $300,844 2027/2028 $300,844 2028/2029 $2,771,700 2029/2030 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2009, will be collected during the fiscal year commencing July 1, 2010). (b) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 3 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be collected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Note issued in anticipation of the tax, and for no other purpose whatsoever. (c) Additional City Funds Available. Loan repayments received from borrowers of the Note proceeds shall be applied to abate the levy of taxes described herein. In addition, principal and interest coming due at anytime when the proceeds of said tax on hand shall be insufficient to pay the same shall be promptly paid when due from current funds of the City available for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Section 4. Note Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when collected they shall be converted into a special fund within the Debt Service Fund to be known as the "2010 GENERAL OBLIGATION PROMISSORY NOTE FUND" (the "Note Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Note hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Section 5. Application of Note Proceeds. Proceeds of the Note shall be credited to the Project Fund and expended therefrom for the purposes of the Project. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Note at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project 24 Fund and not immediately required for its purposes may be invested not inconsistent with limitations provided by law or this Resolution. Section 6. Investments of Note Fund Proceeds. All moneys held in the Note Fund and the Project Fund, shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2009, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2009, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent market value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or interest on the Note as herein provided. Section 7. Note Details, Execution and Redemption. (a) Note Details. The Note shall be issued to evidence the obligations of the Issuer under the Loan Agreement pursuant to the provisions of Sections 384.24A, and 384.25 of the City Code of Iowa, as amended, for the aforesaid purpose. The Note shall be designated "$4,500,000 PROMISSORY NOTE", be dated the date of delivery and bear interest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2010, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Note shall be executed by the manual signature of the Mayor and attested by the manual signature of the City Clerk, and impressed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premium, if any, shall be payable at the office of the Paying Agent by mailing of a check to the registered owner of the Note. The Note shall mature and bear interest as set forth therein. (b) Redemption. The Note may be called for redemption by the Issuer and paid before maturity on any date, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty day’s notice of redemption shall be given by first class mail to the registered owner of the Note. Failure to give such notice by mail to any registered owner of the Note or any defect therein shall not affect the validity of any proceedings for the redemption of the Note. The Note or portions thereof called for redemption will cease to bear interest after the specified redemption date, provided funds for their redemption are on deposit at the place of payment. Section 8. Registration of Note; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. (a) Registration. The ownership of the Note may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Note, and in no other way. The Treasurer is hereby appointed as Registrar under the terms of this Resolution. Registrar shall maintain the books of the Issuer for the registration of ownership of the Note for the payment of principal of and interest on the Note as provided in this Resolution. The Note shall be negotiable as provided in Article 8 of the Uniform Commercial Code subject to the provisions for registration and transfer contained in the Notes and in this Resolution. (b) Transfer. The ownership of any Note may be transferred only upon the Registration Books kept for the registration and transfer of Note and only upon surrender thereof at the office of the Registrar together with an assignment duly 25 executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Note (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Registration Books the information pertaining to the registered owner required above. Upon the transfer of any such Note, a new fully registered Note, of any denomination or denominations permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such transferred fully registered Note, and bearing interest at the same rate and maturing on the same date or dates shall be delivered by the Registrar. (c) Registration of Transferred Note. In all cases of the transfer of the Note, the Registrar shall register, at the earliest practicable time, on the Registration Books, the Note, in accordance with the provisions of this Resolution. (d) Ownership. As to any Note, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, including the interest thereon, to the extent of the sum or sums so paid. (e) Cancellation. All Notes which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Notes which are cancelled by the Registrar shall be destroyed and a certificate of the destruction thereof shall be furnished promptly to the Issuer; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Notes to the Issuer. (f) Non-Presentment of Note. In the event any payment check representing payment of principal of or interest on the Note is returned to the Paying Agent or if any Note is not presented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Note shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such interest or payment of such Note shall forthwith cease, terminate and be completely discharged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Note who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such interest or Notes. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surrender any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Notes of whatever nature shall be made upon the Issuer. (g) Registration and Transfer Fees. The Registrar may furnish to each owner, at the Issuer's expense, one Note for each annual maturity. The Registrar shall furnish additional Notes in lesser denominations (but not less than the minimum denomination) to an owner who so requests. 26 Section 9. Reissuance of Mutilated, Destroyed, Stolen or Lost Notes. In case any outstanding Note shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Registrar authenticate and deliver a new Note of like tenor and amount as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note to Registrar, upon surrender of such mutilated Note, or in lieu of and substitution for the Note destroyed, stolen or lost, upon filing with the Registrar evidence satisfactory to the Registrar and Issuer that such Note has been destroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and complying with such other reasonable regulations as the Issuer or its agent may prescribe and paying such expenses as the Issuer may incur in connection therewith. Section 10. Record Date. Payments of principal and interest, otherwise than upon full redemption, made in respect of any Note, shall be made to the registered holder thereof or to their designated Agent as the same appear on the books of the Registrar on the 15th day preceding the payment date. All such payments shall fully discharge the obligations of the Issuer in respect of such Note to the extent of the payments so made. Payment of principal shall only be made upon surrender of the Note to the Paying Agent. Section 11. Execution, Authentication and Delivery of the Note. The Mayor and Clerk shall execute and deliver the Note to the Registrar, who shall authenticate the Note and deliver the same to or upon order of the Lender. No Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Note a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Note executed on behalf of the Issuer shall be conclusive evidence that the Note so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. Section 12. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered noteholder. Section 13. Form of Note. The Note shall be substantially in the form as set forth in the Loan Agreement. Section 14. Contract Between Issuer and Purchaser. This Resolution shall constitute a contract between said City and the purchaser of the Note. Section 15. Severability Clause. If any section, paragraph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Section 16. Repeal of Conflicting Resolutions or Ordinances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. st Passed an approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 212-10 APPROVING A LOAN AGREEMENT WITH THE IOWA FINANCE AUTHORITY (IFA) ON BEHALF OF THE CITY OF DUBUQUE TO ESTABLISH A LOCAL REVOLVING LOAN FUND FOR WORKFORCE AND MARKET RATE HOUSING IN THE HISTORIC MILLWORK DISTRICT. Whereas, the City has been working with the Iowa Finance Authority to create a state pool of funding to address the shortage of workforce housing; and Whereas, the Iowa Finance Authority has established a pool of funds to establish a low interest loan program to assist in the creation of workforce housing; and 27 Whereas, the low interest loan program would provide funds to assist Millwork District projects in creating workforce (120% of area median income and below) and market rate housing; and Whereas, the City of Dubuque, Iowa is eligible for funding from the Iowa Finance Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the loan agreement to establish a local revolving loan fund for workforce housing is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached loan agreement with the Iowa Finance Authority. st Passed, approved, and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk thth Green Alley Project – 15 to 16 Street from Washington to Elm Streets: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract thth and estimated cost for the Green Alley Project – 15 to 16 Street from Washington to Elm Streets. Motion by Voetberg to receive and file the documents and adopt Resolution No. 213- 10 Approving plans, specifications, form of contract, and estimated cost for the Green Alley thth Project – 15 to 16 Street from Washington to Elm Streets. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 213-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED THTH COST FOR THE GREEN ALLEY PROJECT (15 – 16, BETWEEN WASHINGTON & ELM STREETS) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Green thth Alley Project (15 – 16, between Washington & Elm Streets), in the estimated amount $165,091.80, are hereby approved. st Passed, adopted and approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Regional Airport – Jet Drive Resurfacing Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Dubuque Regional Airport – Jet Drive Resurfacing Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 214-10 Approving plans, specifications, form of contract and estimated cost for the Dubuque Regional Airport – Jet Drive Resurfacing Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 214-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE REGIONAL AIRPORT JET CENTER DRIVE RESURFACING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 28 That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Regional Airport Jet Center Drive Resurfacing Project, in the estimated amount $97,584.63, are hereby approved. st Passed, adopted and approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 215-10 Approving plans, specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 215-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE IA 32 GEOMETRIC AND SIGNALIZATION IMPROVEMENTS PROJECT, US 20 TO JOHN F. KENNEDY ROAD (IOWA DOT PROJECT NO. STP-A-32-1(29)--86-31) NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the IA 32 Geometric and Signalization Improvements Project, US 20 to John F. Kennedy Road, Iowa DOT Project No. STP-A-32-1(29)--86-31, in the estimated amount $791,110.05, are hereby approved. st Passed, adopted and approved this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 216-10 Approving plans, specifications, form of contract, and estimated cost for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 216-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED th COST FOR THE 10 & CENTRAL PARKING RAMP AND FIRE HEADQUARTERS EXPANSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th That the proposed plans, specifications, form of contract and estimated cost for the 10 & Central Parking Ramp and Fire Headquarters Expansion Project, in the estimated amount of $9,754,412.00 (partially funded by the U.S. Department of Commerce Economic Development th Administration Award # 05-01-04941) for the 10 & Central Parking Ramp and the estimated amount of $689,060.00 (completely funded by General Obligation Bonds) for the Fire Headquarters Expansion Project, are hereby approved. 29 st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Neighborhood Stabilization Program: Proof of publication on notice of public hearing to consider submission of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program (NSP) funds and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 217- 10 Authorizing an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 217-10 AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS Whereas, the City Council of the City of Dubuque, Iowa set a public hearing on June 7, 2010 and published a public notice in the Telegraph Herald newspaper on June 21, 2010 for receiving public comment for the purpose of submitting an application to IDED for Neighborhood Stabilization Program funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized and directed to prepare and to submit to the Iowa Department of Economic Development an application for Neighborhood Stabilization Program funds, and to sign the standard contract for administration of the awarded funds. st Passed, approved and adopted this 21 day of June 2010. Roy D Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Works: Sarah Harris, Director of Workforce Development, provided a verbal update on Dubuque Works. Greater Dubuque Development Corporation: Rick Dickinson, Executive Director – Greater Dubuque Development Corporation, provided a verbal update on the activities of the Greater Dubuque Development Corporation. Motion by Jones to receive and file the reports. Seconded by Voetberg. Motion carried 7-0. Fiscal Year 2011 Arts and Cultural Funding Program for Operating Support: Arts and Cultural Affairs Advisory Commission recommending approval of thirteen Fiscal Year 2011 Arts and Cultural Funding Program Operating Support requests and authorization for the City Manager to sign the funding agreements. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. Fiscal Year 2011 Special Projects Arts and Cultural Grant Program: Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2011 Arts and Cultural Grant Program for Special Projects and authorization for the City Manager to sign the grant 30 agreements. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Solid Waste Collection Fees: City Manager recommending approval of a proposed ordinance regarding solid waste collection fees. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Voetberg for final consideration and passage of Ordinance No. 31-10 Repealing City of Dubuque Ordinance 16-10, amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-6 Rates and Charges Established; Exceptions, Subsections A, B, C, D, and E; and amending Title 13 Public Utilities, Chapter 6 Solid Waste, Section 13-6A-8 Yard Waste and Food Scraps, Subsection D. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-10 REPEALING CITY OF DUBUQUE ORDINANCE 16-10, AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS, SUBSECTIONS A, B, C, D, AND E; AND AMENDING TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, SECTION 13-6A-8 YARD WASTE AND FOOD SCRAPS, SUBSECTION D NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6A-6: RATES AND CHARGES ESTABLISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of eleven dollars nine cents ($11.09) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: . . . . B. Class II Premises: 1. A fee of eleven dollars nine cents ($11.09) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. . . . . C. Class III Premises: 1. A fee of eleven dollars nine cents ($11.09) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. . . . . D. Unit Based Pricing: 31 . . . . 4. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved solid waste containers with permanent identification as to the specific premises. . . . . E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: 1. A fee of eight dollars ($8.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of waste. 2. An additional fee of eight dollars ($8.00) shall be paid for each additional three (3) cubic yards of solid waste. . . . . Section 2. Section 13-6A-8 of the City of Dubuque Code of Ordinances is amended to read as follows: 13-6A-8. YARD WASTE AND FOOD SCRAPS. . . . . D. Preparation of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for collection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty dollars ($30.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be fourteen dollars fifty cents ($14.50) per month with a one-time nonrefundable start up fee of twenty dollars ($20.00). . . . . Section 3. This Ordinance shall take effect on the 1st day of July, 2010. st Passed, approved and adopted the 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Water Pollution Control Plant Modification Project: City Manager recommending award of the public improvement contract for the Water Pollution Control Plant Modification Project to Miron Construction Co., Inc., of Cedar Rapids, Iowa, for the base bid amount of $49,750,000 and also authorize the inclusion of bid alternatives 1B, 2 and 6 for an additional amount of $757,418 and further recommending a sewer rate increase for Fiscal Year 2011. Motion by Connors to receive and file the documents, adopt Resolution No. 218-10 Construction contract 32 for the Water Pollution Control Plant Modification Project, 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. 32-10 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C)(7) Establishing Basic Sewer Rates for Residential and Commercial Users by increasing the rates. Seconded by Jones. Responding to questions from City Council, Water Pollution Control Plant Manager Jonathan Brown stated that the City paid Story Construction $50,000 for the initial project estimate, which included a constructability analysis, drawings, and complicated specifications. Upon request from Lynch, Brown will provide an explanation from Story Construction regarding their miscalculation of the project estimate. Brown added that microturbines can be installed incrementally over the 20-year design capacity of the plant. Motion carried 7-0. RESOLUTION NO. 218-10 AWARDING CONSTRUCTION CONTRACT FOR THE WATER POLLUTION CONTROL PLANT MODIFICATIONS PROJECT Whereas, sealed proposals have been submitted by contractors for the Water Pollution Control Plant Modifications Project pursuant to Resolution No. 98-10 and notice to bidders th published in a newspaper published in the City of Dubuque, Iowa, on the 9 day of April, 2010; and th Whereas, said sealed proposals were opened and read on the 20 day of May, 2010 and it has been determined that the bid of Miron Construction Company, Inc., of Cedar Rapids, Iowa, in the amount of $49,750,000.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for the plans and specification. In addition to the base bid alternates 1B, 2, and 6 are also included for an additional amount of $757,328.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvements be awarded to Miron Construction Company, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor’s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. st Passed, approved and adopted this 21 day of June, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 32-10 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13-2C-3(B) AND 13-2C-3(C)(7) ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet $2.63 Rate per each gallon $0.00352 33 Section 2. Section 13-2C-3(C)(7) of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size Minimum Allowance Allowance (inches) Charge (cubic feet) (gallons) 5/8 $ 5.26 200 1,496 3/4 $ 13.15 500 3,740 1 or larger $ 21.04 800 5,984 Section 3. This Ordinance shall take effect July 1, 2010. st Passed, approved and adopted this 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk All-Terrain Vehicles / Safety Belts / Child Restraint Devices: City Manager recommending approval of four ordinances regarding all-terrain vehicles, safety belts and child restraint devices to bring the City of Dubuque Code of Ordinances up-to-date with State Code changes. 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 Connors for final consideration and passage of Ordinance No. 33-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions by amending the definition of all-terrain vehicles; Ordinance No. 34-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 5 Obedience to and Effect of Traffic Laws, Section 9-5-321.234A All-Terrain Vehicles by amending certain roadway use restrictions therein; Ordinance No. 35- 10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.445 Safety Belts and Safety Harnesses by modifying the age when safety belt use is required and establishing the violations and penalties for failure to wear safety belts; and Ordinance No. 36-10 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 12 Equipment, Section 9-12-321.446 Child Restraint Devices by modifying the age when use of child restraint devices or safety belts is required and providing exceptions to such requirements and providing the process for establishing violations for failure to use child restraint devices or safety belts. Seconded by Jones. Addressing concerns expressed by City Council, City Attorney Lindahl will check on additional restrictions for the use of ATVs within the City limits. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1-321.1 DEFINITIONS BY AMENDING THE DEFINITION OF ALL-TERRAIN VEHICLE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 34 Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-1-321.1: DEFINITIONS: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: ALL-TERRAIN VEHICLE: A motor vehicle designed to travel on three (3) or more wheels and designed primarily for off road use. “All-terrain vehicle” includes off-road utility vehicles as defined in Iowa Code Section 321l.1, but does not include farm tractors or equipment, construction equipment, forestry vehicles, or lawn and grounds maintenance vehicles when used for farming, construction, commercial deliveries, forestry, lawn and grounds maintenance, or towing for utility as opposed to recreational uses. . . . . Section 2. This Ordinance shall take effect on July 1, 2010. st Passed, approved and adopted the 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 34-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 5 OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS, SECTION 9-5-321.234A ALL-TERRAIN VEHICLES BY AMENDING CERTAIN ROADWAY USE RESTRICTIONS THEREIN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-5-321.234A of the City of Dubuque Code of Ordinances is amended to read as follows: 9-5-321.234A: ALL-TERRAIN VEHICLES: A. Roadway Use: 1. All-terrain vehicles shall not be operated on a roadway unless one or more of the following conditions apply: a. The operation is between sunrise and sunset and is incidental to the vehicle's use for agricultural purposes. For purposes of this paragraph, “incidental to the vehicle’s use for agricultural purposes” includes stopping in the course of agricultural use to obtain fuel for the all-terrain vehicle or to obtain food or a non-alcoholic beverage for the operator. . . . . Section 2. This Ordinance shall take effect on July 1, 2010. st Passed, approved and adopted the 21day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk 35 OFFICIAL PUBLICATION ORDINANCE NO. 35-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9-12-321.445 SAFETY BELTS AND SAFETY HARNESSES BY MODIFYING THE AGE WHEN SAFETY BELT USE IS REQUIRED AND ESTABLISHING THE VIOLATIONS AND PENALTIES FOR FAILURE TO WEAR SAFETY BELTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-12-321.445 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-12-321.445: SAFETY BELTS AND SAFETY HARNESSES: A. It shall be unlawful for any driver or front seat occupant of a 1966 model year or newer model motor vehicle which is subject to registration in Iowa, except a motorcycle or a motorized bicycle, not to wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street in this city, except that a child under eighteen (18) years of age shall be secured as required under section 9-12-321.446 of this chapter. The safety belt or safety harness system used in the vehicle must meet standards as required under state of Iowa Code section 321.445(1) for safety belts and safety harnesses. This section shall not apply to: . . . . 5. A person possessing a written certification from a health care provider licensed under Iowa Code, on a form provided by the Iowa Department of Transportation that the person is unable to wear a safety belt or safety harness due to physical or medical reasons. The certification shall specify the time period for which the exemption applies. The time period shall not exceed twelve (12) months, at which time a new certification may be issued. . . . . B. The driver and front seat passengers may each be charged separately for improperly used or nonused equipment under subsection A of this section. However, the driver shall not be charged for a violation committed by a passenger who is fourteen (14) years of age or older unless the passenger is unable to properly fasten a seat belt due to a temporary or permanent disability. The owner of the motor vehicle may be charged for equipment violations. . . . . Section 2. This Ordinance shall take effect on July 1, 2010. st Passed, approved and adopted the 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 36-10 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 12 EQUIPMENT, SECTION 9-12-321.446 CHILD RESTRAINT DEVICES BY MODIFYING THE AGE WHEN USE OF CHILD RESTRAINT DEVICES OR 36 SAFETY BELTS IS REQUIRED AND PROVIDING EXCEPTIONS TO SUCH REQUIREMENTS, AND PROVIDING THE PROCESS FOR ESTABLISHING VIOLATIONS FOR FAILURE TO USE CHILD RESTRAINT DEVICES OR SAFETY BELTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-12-321.446 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-12-321.446: CHILD RESTRAINT DEVICES: . . . . C. A child at least six (6) years of age but under eighteen (18) years of age who is being transported in a motor vehicle subject to registration by the state, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer's instruction or by a safety belt or safety harness. The safety belt or safety harness system used in the vehicle must meet standards as required under Iowa Code section 321.445(1) for safety belts and safety harnesses. D. This section does not apply to the following: . . . . 6. The transportation of a child who has been certified by a physician licensed under Iowa Code, as having a medical, physical, or mental condition which prevents or makes inadvisable securing the child in a child restraint system, safety belt, or safety harness.7. A back seat occupant of a motor vehicle for whom no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided. E. A person who violates this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph “c”. Violations shall be charged as follows: 1. An operator who transports a passenger under fourteen (14) years of age in violation of subsection A, B, or C may be charged with a violation of this section. 2. If a passenger fourteen (14) years of age or older is unable to properly fasten a seatbelt due to a temporary or permanent disability, an operator who transports such a person in violation of subsection C may be charged with a violation of this section. Otherwise, a passenger fourteen (14) years of age or older who violates subsection C shall be charged in lieu of the operator. 3. If a child under fourteen (14) years of age, or a child fourteen (14) years of age or older who is unable to fasten a seatbelt due to a temporary or permanent disability, is being transported in a taxicab in a manner that is not in compliance with subsection A, B, or C, the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator. Otherwise, if a passenger being transported in the taxicab is fourteen (14) years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator. F. For purposes of this section, "child restraint system" means a specially designed seating system, including a belt positioning seat or a booster seat that meets federal motor vehicle safety standards. Section 2. This Ordinance shall take effect on July 1, 2010. st Passed, approved and adopted the 21 day of June, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 37 th Published officially in the Telegraph Herald Newspaper the 25 day of June, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Dubuque County Empowerment (Tabled on June 7, 2010): Communication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Dubuque County Empowerment Board. The Dubuque County Empowerment Board meetings are held on the last Tuesday of each month from 11:30 a.m. to 1:00 p.m. Motion by Connors to remove from the table. Seconded by Jones. Motion carried 7-0. Motion by Voetberg to receive and file the documents and appoint Council Member Jones as the City’s representative to the Dubuque County Empowerment Board. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg requested City Council concurrence to have staff form a partnership with the school system regarding additional recreational activities and sharing of facilities. Resnick reported that he recently greeted a group of visitors from Wisconsin who stated they were thrilled with the treatment they received while in Dubuque. Resnick, Jones, and Voetberg reported on their attendance at the recent Bridges Out of Poverty graduation. Connors reported on her attendance at the National League of Cities Conference on the Reconnecting Disengaged Youth and that Dubuque was one of four cities invited to participate. Connors added that this concept needs more local exposure and elected official involvement. She requested regular updates from the Community Foundation of Greater Dubuque on Every Child / Every Promise. PUBLIC INPUT School Board Member George Davis, 120 So. Grandview Avenue, provided additional information regarding Voetberg’s suggestion of a recreational partnership stating that starting a dialogue would be helpful to address needs and opportunities. CLOSED SESSION Motion by Jones to go into closed session at 8:43 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 10:02 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 10:03 p.m. /s/Jeanne F. Schneider, CMC City Clerk 38