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11 15 10 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 15, 2010 in the Historic Federal Building Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen; City Attorney Lindahl Absent: Council Member Voetberg 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 Major Tom Mason of the Salvation Army. PRESENTATION International Livable Communities Award was presented by Sustainable Community Coordinator Cori Burbach. PROCLAMATION th Five Flags Theater 100 Anniversary Week (November 15 – 20, 2010) was accepted by Five Flags Theater Lobby Committee Co-Chair Ali Levasseur, 405 Main Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Regulatory Commission of 4/14; Cable TV Teleprogramming Commission of 9/14; City Council of 11/1; Community Development Advisory Commission of 10/6; Investment Oversight Commission of 10/27; Park and Recreation Commission of 10/12; Zoning Advisory Commission of 11/3; Zoning Board of Adjustment of 10/27 Proof of publication of City Council Proceedings of October 18, 2010 Library Board of Trustees Update from the Meeting of September 30, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Daniel Stark for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donna Cooksley for vehicle damage; Darlene Ryan for vehicle damage; Daniel Stark for vehicle damage. Upon motion the documents were received, filed and concurred. Human Rights Commission: Resignation of Katrina Wilberding from the Human Rights Commission. Upon motion the document was received, filed and the resignation accepted. Green Alley Project: City Manager recommending acceptance of the Green Alley Project thth (15 – 16 between Washington and Elm Streets) as completed by Connolly Construction, Inc., in the final contract amount of $164,306.81. Upon motion the documents were received thth and filed and Resolution No. 437-10 Accepting the Green Alley Project (15 – 16 between Washington and Elm Streets) and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 437-10 THTH ACCEPTING THE GREEN ALLEY PROJECT (15 – 16, BETWEEN WASHINGTON & ELM STREETS)AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR thth Whereas, the Public Improvement Contract for the Green Alley Project (15 – 16, between Washington & Elm Streets) (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Community Development Block Grant Recovery Funds, Water Main Replacement Program, and Sanitary Sewer Manhole Replacement Fund appropriations for the contract amount of $164,306.81 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE GREEN ALLEY THTH PROJECT (15 – 16, BETWEEN WASHINGTON & ELM STREETS) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has thth inspected the Green Alley Project (15 – 16, between Washington & Elm Streets), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $175,982.62. th Dated this 4 day of November, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 9 day of November, 2010. Jeanne F. Schneider, CMC, City Clerk Copper Field Subdivision – Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements which the developer, Copper Mill Construction, has completed in Copper Field Subdivision in the City of Dubuque, Iowa. Upon motion the documents were received and filed and Resolution No. 438-10 Accepting improvements in Copper Field Subdivision was adopted. 2 RESOLUTION NO. 438-10 ACCEPTING IMPROVEMENTS IN COPPER FIELD SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 212-96, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, detention facilities, and boulevard street lighting were installed by the developer of Copper Field Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Copper Field Subdivision in the City of Dubuque, Iowa, be and the same are hereby accepted. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2010 Sidewalk Assessment: City Manager recommending approval of the levy of a special th Assessment for a public sidewalk replacement at 662 West 8 Street. Upon motion the documents were received and filed and Resolution No. 439-10 Adopting the final Assessment schedule for the 2010 Sidewalk Assessment Project was adopted. RESOLUTION NO. 439-10 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2010 SIDEWALK ASSESSMENT PROPERTY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the 2010 Sidewalk Assessment Property. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the 3 date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi- annually in advance. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2010 SIDEWALK REPAIR ASSESSMENT FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: November 5, 2010 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING ADDRESS; CITY, STATE, ZIP; STREET ADDRESS; VALUATION WITH IMPROVEMENT; SIDEWALK ASSESSMENT; ADMINISTRATIVE FEE; TOTAL NET ASSESSMENT Krier, David L.; W 1/2 E 1/4 43 & E 3.5' EM 1/4 Lot 43 & Lot 1-42 & E 1/2 of E 1/4 of Lot 43 Kelly’s Sub; 1025133037; 662 W. 8th; 662 W. 8th; $81,048; $848.00; Dubuque, IA 52001; $50.00; $898.00 Census 2010 Final Participation Rates: City Manager submitting the Census 2010 final participation rates and a media release from the U.S. Census Bureau. Upon motion the documents were received and filed. Dubuque Levee and Floodwall Certification – PAL Progress Report #4: City Manager recommending approval of revised sections of the Operation and Maintenance Manual and the revised Emergency Flood Control Plan, both dated October 2010, and transmittal of the City of Dubuque's Provisionally Accredited Levee (PAL) Progress Report #4 to FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River. Upon motion the documents were received, filed, and approved. South Siegert Farm Lease Extension: City Manager recommending approval of an amendment of the farm lease with William and Janet Siegert for the South Siegert Farm to extend the lease to March 1, 2012. Upon motion the documents were received and filed and Resolution No. 440-10 Approving an amendment to the farm lease between the City of Dubuque, Iowa and William and Janet Siegert was adopted. 4 RESOLUTION NO. 440-10 RESOLUTION APPROVING AN AMENDMENT TO THE FARM LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM AND JANET SIEGERT Whereas, the City of Dubuque, Iowa (City) entered into a Farm Lease with William and Janet Siegert (Siegerts) for certain property as described in the Lease; and Whereas, City and Siegerts desire to amend the Lease as set forth in the attached Amendment to Farm Lease; and Whereas, it is the determination of this Council that approval of the Amendment to Farm Lease, is in the public interest of the citizens of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Amendment to Farm Lease is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amendment to Farm Lease on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Farm Lease, as amended. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk AmeriCorps Grant: City Manager recommending approval of the execution of the grant application to the Iowa Commission on Volunteer Services for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed, and approved. Sisters of Charity – Water Meter Wireless Network Equipment License Agreement: City Manager recommending approval of the Water Meter Wireless Network Equipment License Agreement between the City and the Sisters of Charity. Upon motion the documents were received, filed, and approved. Quarterly Investment Report: City Manager transmitting the September 30, 2010 Quarterly Investment Report. Upon motion the documents were received and filed. Fiscal Year 2010 Annual Financial Report: City Manager transmitting the Fiscal Year 2010 Annual Financial Report. Upon motion the documents were received and filed. Green and Healthy Homes Initiative: City Manager recommending approval of the submission of a letter of commitment to become a Green and Healthy Homes Pilot City through the National Green and Healthy Homes Initiative. Upon motion the documents were received, filed, and approved. Special Assessment: City Manager recommending approval of the levy of a special Assessment for non-payment of a Settlement Order against Julie LeClere, 2489 Hempstead Street. Upon motion the documents were received and filed and Resolution No. 441-10 Adopting the schedule of special Assessment for a lien against the property and directing the City Clerk to certify the schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. 5 RESOLUTION NO. 441-10 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENT TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for non- payment of Court order payments assessments which Schedule of Assessments was filed in th the office of the City Clerk on the 10 day of November, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the City Treasurer’s Office, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY [Property; Property Owner; Mailing Address; Lot Description; Total; Purpose] 2489 Hempstead; Julie LeClere; 2491 Hempstead, Dubuque IA 52001; Lot 1 -2 of Sub of Lots 150A & 1 -150 L H Langs Add.; $2,325.00; Animal boarding after seizure until conditions were met. Sustainable Dubuque VISTA Position: City Manager recommending approval of the extension of the Sustainable Dubuque VISTA position for one year. Upon motion the documents were received, filed, and approved. U.S. Conference of Mayors: Communication from Tom Cochran, U.S. Conference of Mayors, releasing the two most recent Brownfield publications in which Dubuque is featured. Upon motion the documents were received and filed. Dubuque Initiatives: Communication from Dubuque Initiatives to Michael Brannon, Dubuque Community School Board, related to the District’s facility planning process. Upon motion the document was received and filed. Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government 6 Relations, advising of rate changes effective on or about December 1, 2010. Communication from Lee Grassley, Mediacom Senior Manager – Government Relations, advising of channel changes that will occur on or about December 20, 2010. Upon motion the documents were received and filed. Citizen Communication: Communication and petition from Joan Wehrspann regarding recreational burning in the City of Dubuque. Upon motion the documents were received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $86,000 for Loras College to purchase new studio cameras and a new production switcher. Upon motion the documents were received, filed, and approved. National Civic Review: City Manager transmitting information from the Fall 2010 special issue of National Civic Review on the Civics of Sustainability, which includes an article written by Planning Services Manager Laura Carstens entitled “Defining, Inspiring, and Implementing Sustainability.” Upon motion the documents were received and filed. Signed Contracts: Cooperative Winter Road Maintenance Agreement; Catfish Lift Station Standby Generator Contract; and Raymond Place / Maiden Lane Retaining Wall Repair Award Recording Memo. Upon motion the documents were received and filed. Liquor License Transfer: Transfer of the liquor license of The Rotary Club of Dubuque to 700 Locust Street on November 20/21 and November 22/23 for the Mercy Festival of Trees event. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 442-10Granting the issuance of a Class “B” Beer Permit to Jumpin’ Jane’s Indoor Party; and a Class “C” Beer Permit to Iowa Street Market and Plaza 20 / BP Amoco; and Resolution No. 443-10 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Hotel Julien Dubuque, Grand Harbor Resort, and Holiday Inn Five Flags; a Class “C” Beer/Liquor License to Yen Ching Restaurant and Bridge Restaurant; a Class “B” Wine Permit to Iowa Street Market; and a Class “WBN” Native Wine Permit to Dubuque Area Chamber of Commerce were adopted. RESOLUTION NO. 442-10 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. 7 CLASS “B” BEER PERMIT R2K Entertainments, LLC Jumpin’ Jane’s Indoor Party 2055 Holliday Drive +(Sunday Sale) CLASS “C” BEER PERMIT Iowa Street Market, Inc. Iowa Street Market +(Sunday Sale) 1256 Iowa Street R Future Plaza 20/BP Amoco +(Sunday Sale) 2600 Dodge Street th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 443-10 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 “B”(HOTEL/MOTEL) LIQUOR LICENSE HJD Subtenant, LLC Hotel Julien Dubuque +(Sunday/Outdoor Sale) 200 Main Street Platinum Holdings, LLC Grand Harbor Resort/Water Park 350 Bell Street +(Sunday/Outdoor) Kinseth Hotel Corp. Holiday Inn 5-flags+(Sunday Sale) 450 Main Street CLASS “C” BEER/LIQUOR LICENSE Hernandez Corp. Yen Ching Restaurant 926 Main Street Raysan Corp. Bridge Restaurant +(Sunday Sale) 31 Locust Street CLASS “B” WINE LICENSE Iowa St Market, Inc. Iowa Street Market 1256 Iowa Street CLASS “WBN” NATIVE WINE LICENSE Dubuque Area Chamber Dubuque Area Chamber of Commerce 300 Main Street th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – End of Radford Court (Tabled from October 18, 2010): Proof of publication on notice of public hearing to consider a request from John Herrig / Flint Drake / Radford Development, LLC, to rezone property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending approval. Communication from Planning Services Manager Laura Carstens advising that 31.7% of the adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super- majority vote of the City Council is necessary to approve the rezoning request. Communication from John Herrig asking that his request be tabled until December 6, 2010. Motion by Jones to remove the proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter 8 described property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District from the table. Seconded by Connors. Motion carried 6-0. 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 failed 4-2 with Buol, Lynch, Resnick and Braig voting nay. There was no motion for a first reading of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson Jeff Stiles responded to questions from City Council. Attorney Mark Sullivan of Reynonlds & Kenline Law Firm spoke in opposition to the proposed ordinance on behalf of adjacent property owner and wife Marna Sullivan, 4617 Camelot Drive. He informed the City Council that while he did not officially represent other property owners in attendance, his remarks did reflect their viewpoints. Mr. Sullivan stated that the applicant failed to prove that the C-2 zoning is in error. Property owners Sally Schneider, 1941 Hummingbird Drive; Karen Maury, 1981 Hummingbird Drive; Marna Sullivan, 4617 Camelot Drive; Greg Wollmuth, 1885 North Court; Robert/Angie Hohmann, 1866 Hummingbird Drive spoke in opposition to the rezoning citing foot traffic across private property, storm water runoff, increased vehicular traffic and dangerous intersections and street crossings as additional issues. American Red Cross – Request to Amend ID Institutional District: Proof of publication on notice of public hearing to consider a request from Mike McDonough / American Red Cross to amend their ID Institutional District to modify Section 2(D) Signs regarding allowed size, height and illumination and the Zoning Advisory Commission recommending apprroval. 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 failed 4-2 with Buol, Lynch, Resnick and Braig voting nay. Planning Services Manager Laura Carstens provided a staff report. American Red Cross representative Mike McDonough spoke in favor of the proposed ordinance. Rick Droeske of Lange Sign Group, 1780 IL Route 35, East Dubuque, provided technical information about the sign. Property owners Victoria Kruser, 2443 Asbury Road; and Kathy Flynn Thurlow, 2425 Asbury Road, spoke in opposition to the sign citing traffic distraction, over lighting, and neighborhood character as primary issues. There was no motion for a first reading of the proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance 49-86, which established the American Red Cross ID Institutional District by modifying Section 2(D) Signs regarding allowed size, height and illumination. Unified Development Code – Text Amendment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 13 of the Unified Development Code to clarify the number of bicycle parking spaces required for parking lots over 50 spaces 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 Braig. Motion carried 6-0. Planning Services Manager Laura Carstens provided a staff report. Motion by Jones for final consideration and passage of Ordinance No. 60-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 13, Site Design Standards, to clarify the number and location of bicycle parking spaces 9 required for parking lots over 50 spaces. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 60-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 13, SITE DESIGN STANDARDS TO CLARIFY THE NUMBER AND LOCATION OF BICYCLE PARKING SPACES REQUIRED FOR PARKING LOTS OVER 50 SPACES 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, Article 13-3.5.1(B) is hereby amended as follows: 13-3.5.1(B) Bicycle parking spaces shall be at least as close as the closest automobile space, except for accessible parking spaces, or as near a regularly used building entrance as possible without interfering with pedestrian traffic. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 15 day of November, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 19 day of November, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request to Annex – Dubuque Metropolitan Area Solid Waste Agency: Proof of publication on notice of public hearing to consider a request from the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25 acres of property on the west side of the City of Dubuque and City Manager recommending that this item be tabled to December 20, 2010. Motion by Connors to receive and file the documents and table to December 20, 2010. Seconded by Braig. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Industrial Center North – Final Plat: City Manager recommending approval of the final plat of the Dubuque Industrial Center North First Addition (North Siegert Farm) and naming the new street Innovation Drive, unless the City Council chooses a different name. Motion by Connors to receive and file the documents and adopt Resolution No. 444-10. Approving the final plat of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 444-10 APPROVING THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Dubuque Industrial Center North First Addition in the City of Dubuque; and Whereas, upon said Final Plat appear street(s) to be known as Innovation Drive (Lot B) and 10 Pennsylvania Avenue (Lot D) which the owners by said Final Plat have dedicated to the public forever; and Whereas, upon said Final Plat appear access easements to be reserved for the City of Dubuque; and Whereas, said Final Plat has been reviewed by the City Planner and had her 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: Section 1. That the dedication of Innovation Drive (Lot B) and Pennsylvania Avenue (Lot D) as they appear upon said Final Plat be and the same are hereby accepted. Section 2. That the access easements for the City of Dubuque as they appear upon said Final Plat be and the same are hereby approved. Section 3. That the Final Plat of Dubuque Industrial Center North First Addition 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. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 10-1-2. The responsibility shall extend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications. th Passed, approved and adopted this 15 day of November 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RIO-CDBG Multi-Family Rental Unit Production: City Manager recommending approval of an application for $5.9 million of RIO-CDBG Multi-Family Rental Unit Production – Round 3 funding to create multi-family rental units in the Caradco Building. Motion by Jones to receive and file the documents and adopt Resolution No. 445-10 Resolution of support to the Iowa Department of Economic Development, on behalf of Caradco Building, LLLP, for submittal of an application for a RIO-CDBG Disaster Multi-Family Unit Production Round 3 Application. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 445-10 RESOLUTION OF SUPPORT TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF CARADCO BUILDING, LLLP FOR SUBMITTAL OF AN APPLICATION FOR A RIO-CDBG DISASTER MULTI-FAMILY UNIT PRODUCTION ROUND 3 APPLICATION. Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and Whereas, in 2009 the Real Property Research Group along with other studies concluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of the Historic Millwork District for mixed use with an emphasis on downtown housing; and Whereas, the Caradco Building project will provide much needed residential development to the downtown area; and 11 Whereas, the City Council finds that the proposed application is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to support the RIO-CDBG Disaster Multi-Family Unit Production Round 3 Application on behalf of Caradco Building, LLLP. Section 2. The City of Dubuque will commit 15 years of TIF, conservatively estimated at over $2.5 million as the local match toward this RIO-CDBG application. Section 3. That the Mayor is hereby authorized and directed to execute this Resolution on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development. th Passed, approved and adopted this 15 day of November, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Transit Vehicles: City Manager recommending approval to incur costs for replacement of the Keyline bus fleet and to add Intelligent Transportation Systems (ITS) technology on the buses. Motion by Lynch to receive and file the documents and adopt Resolution No. 446-10 Authorizing the purchase of a new transit fleet and adding Intelligent Transportation System Technologies (ITS). Seconded by Resnick. Transit Manager Barbara Morck responded to questions from City Council. Motion carried 6-0. RESOLUTION NO. 446-10 AUTHORIZING THE PURCHASE OF A NEW TRANSIT FLEET AND ADDING INTELLIGENT TRANSPORTATION SYSTEM TECHNOLOGIES (ITS) Whereas, ECIA and the City of Dubuque prepared and submitted two federal grants for the replacement of the Keyline bus fleet and to add ITS technology on the buses; and Whereas, the City of Dubuque was awarded $2.5 million from the State of Good Repair grant and $1.5 million from the Clean Fuels grant; and Whereas, the City Council finds that purchasing a new transit fleet would promote clean air standards in Dubuque and provide a new form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby authorizes the purchase of a new transit fleet and ITS related equipment. th Passed, approved and adopted this 15 day of November, 2010. Roy Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Light Duty Transit Vehicles – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for the purpose of obtaining a Light Duty Sprinter vehicle purchasing contract that contains the clean diesel engine option for Keyline Transit. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Southwest Arterial / Value Engineering Study Update: City Manager transmitting an update on the results of the preliminary design Value Engineering evaluations for the Southwest Arterial project. Motion by Connors to receive and file the documents. Seconded by Jones. 12 Motion carried 6-0. Assistant City Engineer Bob Schiesl provided a slide presentation on the project and responded to questions from City Council. Expansion of Washington Neighborhood Yard Lighting Initiative Program: City Manager recommending approval of expanding the Washington Neighborhood Yard Lighting Initiative to older neighborhoods in the City as well as to the low/moderate income (target areas) of the City. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Sustainability at Work Presentation: Presentation on “Sustainability at Work: How Sustainability is Enhancing Dubuque’s Economic Competitiveness.” Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 6-0. Sustainable Community Coordinator Cori Burbach provided a video presentation and introduced Candace Eudaly of ECIA, Smarter City Project Manager David Lyons and Sustainable Cities Network President Tom Woodward. Each spoke about the Buyer Supplier Network, the Petal Project, Green Economy, Sustainability Innovation Consortium, and the Sustainable City Network. COUNCIL MEMBER REPORTS Jones reported on the award Paramount Ambulance recently received in Des Moines. CLOSED SESSION Motion by Jones at 9:35 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session at 9:51 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 13