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12 20 10 City Council Proceedings Official _Regular and Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Members Jones and Voetberg Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in accordance with Chapter 21.5(1)(c)(j) Code of Iowa. Motion by Lynch at 5:31 p.m. to go into closed session to discuss pending litigation pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 5-0. Upon motion at 5:59 p.m. the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:00 p.m. /s/Kevin S. Firnstahl Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 20, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones (joined at 6:33 p.m.), 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 Mayor Buol. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Connors requested (#20) Citizen Communication from Marion Martin Pliner be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 11/2; City Council of 12/15; Civil Service Commission of 9/1; Community Development Advisory Commission of 12/1; Electrical Board of 11/22; Historic Preservation Commission Education Task Force of 11/17 and 12/1; Human Rights Commission of 11/8; Zoning Advisory Commission of 12/1; Zoning Board of Adjustment of 12/1. Upon motion the documents were received and filed. Notice of Claims/Suits: Justine Pesko for vehicle damage; Kayla McLaughlin and Nicole Huseman for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Justine Pesko for vehicle damage. Upon motion the documents were received, filed and concurred. Woodland Drive Storm Sewer Project: City Manager recommending acceptance of the Woodland Drive Storm Sewer Project as completed by McDermott Excavating in the final contract amount of $21,942.75. Upon motion the documents were received and filed and Resolution No. 463-10 Accepting the Woodland Drive Storm Sewer Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 463-10 ACCEPTING THE WOODLAND DRIVE STORMWATER PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Woodland Drive Stormwater Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Woodland Storm and Curb and Catch Basin Replacement fund appropriations for the contract amount of $21,942.75 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 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE WOODLAND DRIVE STORMWATER PROJECT 2 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Woodland Drive Stormwater Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $23,347.62. th Dated this 13 day of December, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of December, 2010. Jeanne F. Schneider, CMC, City Clerk Historic Shot Tower – Phase I Project: City Manager recommending acceptance of the Historic Shot Tower – Phase I Project as completed by Klauer Construction Company in the final contract amount of $642,238.00. Upon motion the documents were received and filed and Resolution No. 464-10 Accepting the Historic Shot Tower – Phase I Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 464-10 ACCEPTING THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Historic Shot Tower Rehabilitation Project – Phase I (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 HDRP Grant ($15,500; CIP 1001854), Save America’s Treasures Grant ($295,000; CIP 7001854), Historic Sites Preservation Grant ($100,000; CIP 1001854), Historic District Public Improvement Project ($100,000; CIP 1001854), Shot Tower Restoration General Fund ($116,738; CIP 7001854), Shot Tower Restoration General Fund ($15,000; CIP 1001854) appropriations for the contract amount of $642,238.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Historic Shot Tower Rehabilitation Project – Phase I, 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 $780,798.00. th Dated this 14 day of December, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 15 day of December, 2010. Jeanne F. Schneider, CMC, City Clerk 3 Water Pollution Control Plant: City Manager recommending approval to raise Miron Construction Company’s contract limit to $1 Million for the Water Pollution Control Plant, Mercury Spill at Trickling Filters Clean-Up Project. Upon motion the documents were received, filed, and approved. Acquisition of Property – Bee Branch Creek Restoration Project: City Manager recommending approval of the acquisition of property at 2356 Washington Street for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 465-10 Approving the acquisition of real estate owned by Steven R. and Sue A. Boelk in the City of Dubuque was adopted. RESOLUTION NO. 465-10 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN R. AND SUE A. BOELK IN THE CITY OF DUBUQUE Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the Drainage Basin Master Plan; and Whereas,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2-2-1-106 L H Langworthy’s Add, all in the City of Dubuque, Dubuque County, Iowa, at the cost of Eighty Six Thousand Five Hundred and 00/100 Dollars ($86,500.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. Irrevocable License: City Manager recommending approval of Irrevocable Licenses for B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right-of-way of Bluff and Emmett Streets. Upon motion the documents were received, filed, and approved. 4 Wild Rose Place – Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Wild Rose Place. Upon motion the documents were received and filed and Resolution No. 466-10 Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa, was adopted. RESOLUTION NO. 466-10 APPROVING THE PLAT OF SURVEY OF WILD ROSE PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Plat of Survey of Wild Rose Place in Dubuque County; and Whereas, said plat provides 33 feet of frontage for Lot 1 and Lot 2, where 50 feet is required by Section 16-16-14(B) of the Subdivision Regulations; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 16-16-14(B), Blocks and Lots. Section 2. That Section 16-16-14(B) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 33 feet of frontage, where 50 feet is required. Section 3. That the Plat of Survey of Wild Rose Place in Dubuque County, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 20 day of December 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Historic Millwork District Parking Lot Design: City Manager recommending approval of the selection of MSA Professional Services to design two parking lots in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 467-10 Awarding contract was adopted. RESOLUTION NO. 467-10 AWARDING CONTRACT HISTORIC MILLWORK DISTRICT PARKING LOT DESIGN Whereas, responses to the Historic Millwork District Parking Lot Design Request for th Proposal were received on the 7 day of December, 2010. It has been determined that the proposal submitted by MSA Professional Services in the amount of $ 57,300.00 is to be accepted for the work as provided in the Request for Proposal as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above be awarded to MSA Professional Services, and the City Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the completion of the work. th Passed, approved and adopted this 20 day of December, 2010. Roy D. Buol, Mayor 5 Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Recreation Program Supervisor, Environmental Engineer and Firefighter. Upon motion the documents were received, filed and made a Matter of Record. December 6, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Recreation Program Supervisor was administered. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. RECREATION PROGRAM SUPERVISOR Anthony Elskamp Dawn Cogan Patrick Hanniford Dennis Merkel Michele Nauman Natalie Capron Ryan Mohling James Sells Matthew Siders Alyssa Krumholz Kati Averkamp Tia Freiburger William Luensmann Heather Riley Jason Bishop Donovan Kron Ryan McGovern Renee Clark Joshua Larsen Michael Cantonwine Ryan Merritt Stacey Bauer Suzanne Nank Respectfully submitted, Daniel White, Chairperson Jim Schilling, Betty Takes Civil Service Commission December 6, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Environmental Engineer was administered. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ENVIRONMENTAL ENGINEER Todd Shoemaker Xiaofel Cui Michael Chyi Jon Macaulay Steven Hunn David Heer 6 Brandan Hager Sol Brich Kumar Patel Chris Peters Michelle Carr Respectfully submitted, Daniel White, Chairperson Jim Schilling, Betty Takes Civil Service Commission December 6, 2010 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Firefighter was given November 13, 2010. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from above date. FIREFIGHTER Kyle Mueller Ryan Kieffer Richard Lounsbury James Romer Michael Breitbach Ross Dillavou Joseph Snodgrass Jami Mundell Michael Koch Brandon Rondeau Susanna Duggan Adam Frey Dean Gasper Jeff Mayerl Travis Kirby Alexander Miller Jacob Reiff Andrew Schoessow Douglas Merkes Paul Tucker Amos Langlois Joe Simonson Robert Klaren Ryan Haxmeier Michael Peterson Jeffrey Schmitt Daniel Zenisek Corey LuGrain Bradley Soat Anthony Bigelbach Patrick Hanniford Jeremy Kolberg Cory Dillon Shane Westphal Robert Cole Christopher Lester Respectfully submitted, Daniel White, Chairperson Jim Schilling, Betty Takes Civil Service Commission Fiscal Year 2012 Annual Tax Increment Financing (TIF) Report: City Manager transmitting the Fiscal Year 2012 Annual Tax Increment Financing Report. Upon motion the documents were received and filed. Scale Operator Position: City Manager recommending approval of the elimination of one Laborer position and the creation of one Scale Operator position. Upon motion the documents were received, filed, and approved. 7 HEART YouthBuild Program: Communication to the U.S. Department of Labor in support of the HEART YouthBuild program application to the DOL for support through YouthBuild funding. Upon motion the documents were received, filed, and approved. Housing Enterprise Zone Program Agreement – 44 Main Street, LLC: City Manager recommending approval of a Housing Enterprise Zone Program Agreement for 44 Main Street, LLC, to provide 24 new market-rate housing units in the downtown area. Upon motion the documents were received and filed and Resolution No. 468-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and 44 Main Street, LLC, was adopted. RESOLUTION NO. 468-10 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND 44 MAIN STREET, LLC Whereas, the City of Dubuque has established two Enterprise Zones and an Enterprise Zone Commission; and Whereas, the Enterprise Zone Commission on October 13, 2010 approved the application of 44 Main Street, LLC, for Housing Enterprise Zone benefits; and Whereas, 44 Main Street, LLC’s application was approved by the Iowa Department of Economic Development on October 25, 2010; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for 44 Main Street, LLC, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement 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. That the Iowa Department of Economic Development Housing Enterprise Zone Program Agreement, Number 11-HEZ-009, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agreement on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved and adopted this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Regional Transit Authority Contract: City Manager recommending approval of a contract with the Regional Transit Authority (RTA) for two transit vehicles to be used by Keyline (The Jule). Upon motion the documents were received, filed, and approved. Vision Iowa RECAT Application: City Manager recommending approval of a fundraising campaign for the Bee Branch Creek Restoration Project as part of the Vision Iowa RECAT application. Upon motion the documents were received, filed, and approved. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance violation for Creslanes Bowling and Pro Shop, 255 South Main Street. Upon motion the documents were received, filed, and approved. 8 Tobacco Compliance – Civil Penalty for Tobacco License Holder: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense tobacco compliance violation for Kwik Stop Food Mart, 2390 Central Avenue. Upon motion the documents were received, filed, and approved. 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 to the City of Dubuque for up to $8,600 for a motion-controlled camera dolly component for the CamBlock time lapse system. Upon motion the documents were received, filed, and approved. Citizen Communication: Communication from Marion Martin Pliner, 2690 Marywood Drive, regarding the school bus stop at the corner of Marywood and John F. Kennedy Road. Motion by Connors to receive, file and refer to the City Manager. Seconded by Resnick. City Manager Van Milligen stated that Ms. Pliner would receive a response. Motion carried 6-0. Upper Bee Branch Creek Restoration Project: City Manager recommending approval of a Green Project funding application submitted to the Iowa Department of Natural Resources (IDNR) for the Upper Bee Branch Creek Restoration Project. Upon motion the documents were received, filed, and approved. Jane Doe v. Yager: City Manager recommending approval of the settlement in the case captioned “City of Dubuque on behalf of Jane Doe v. Yager”. Upon motion the documents were received, filed, and approved. Community Development Advisory Commission Liaison: City Manager recommending approval of the appointment of Housing Commissioner Ricardo Woods as liaison to the Community Development Advisory Commission. Upon motion the documents were received, filed, and approved. U.S. Department of the Interior – National Park Service: Communication from Rachel Weekley, U.S. Department of the Interior – National Park Service, regarding the Biennial Report for the Historic Federal Building. Upon motion the document was received and filed. American Recovery and Reinvestment Act: City Manager transmitting the City’s latest update on local efforts to obtain federal grants through the American Recovery and Reinvestment Act. Upon motion the documents were received and filed. Northeast Iowa Community College: Communication from Northeast Iowa Community College thanking the City and East Central Intergovernmental Association for providing transportation to NICC students. Upon motion the document was received and filed. Checkout Plastic Bag Elimination: City Manager providing information on staff progress regarding the City Council directive to eliminate checkout plastic bag usage by 2014. Upon motion the documents were received and filed. Bowling and Beyond Settlement Agreement: City Manager recommending approval of the Settlement Agreement Assessing Penalties for a second offense alcohol compliance violation 9 for Bowling & Beyond Dubuque, Inc., 1860 Hawthorne Street. Upon motion the documents were received and filed. Human Rights Commission: Communication from Colin Scott submitting his resignation from the Human Rights Commission. Upon motion the document was received, filed and the resignation was accepted. Contracts: Fire Station Expansion / 975 Central Parking Ramp Change Order #1 – FS and Change Order #1 – PS; Fire Station Expansion / 975 Central Parking Ramp Change Order #2; and Bee Branch Creek Restoration Project – Agreement for Design and Engineering Services – Strand Associates, Inc. Upon motion the documents were received and filed. Liquor License Refund: Request of David Kirkpatrick, Rosewood Diner and Supper Club, LLC, for a refund of Liquor License #LC0037522 in the amount of $211.25. 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. 469-10 Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and aClass “C” Beer Permit to Puff n Snuff; and Resolution No. 470-10 Granting the issuance of a Class “C” Beer/Liquor License to Cue Masters Billiard, Bowling & Beyond, The Moracco, The Screaming Eagle Bar and Las Margaritas; a Class “B” Wine Permit to Puff n Snuff; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #2 were adopted. RESOLUTION NO. 469-10 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 International UAW Local # 94 UAW Local # 94+(Sunday Sale) 3450 Central Avenue CLASS “C” BEER PERMIT Molo Oil Company Puff n Snuff+(Sunday Sale) 1101 Rhomberg Avenue th Passed, approved and adopted this 20 day of December, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 470-10 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: 10 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE CueMasters Billiards Cue Masters Billiard +(Sunday Sale) 900 Central Avenue Bowling & Beyond DBQ Bowling & Beyond DBQ 1860 Hawthorne +(Sunday& Outdoor Sale) The Moracco, Inc. The Moracco+(Sunday Sale) 1413 Rockdale Road Kevin J. Stoffel The Screaming Eagle Bar 2600 Central Avenue +(Sunday& Outdoor Sale) Mayas, Inc. Las Margaritas 1575 JFK Road +(Sunday & Outdoor Sale) CLASS “B” WINE Molo Oil Company Puff n Snuff 1101 Rhomberg Avenue CLASS “WBN” NATIVE WINE Hy-Vee, Inc. Hy-Vee Gas # 2 2435 N W Arterial Passed, approved and adopted this 20th day of December, 2010 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: : Human Rights CommissionThree 3-year terms through January 1, 2014 (Terms of Davis, Scott, and Rubenstein); one 3-year term through January 1, 2013 (Term of Sharrad); and one 3-year term through January 1, 2012 (Term of Wilberding). Applicants: Andrea Beacham, 1749 Churchill Drive (Additional Applicant); Frederick Davis, Jr., 2274½ Washington Street; Michael Elliott, 301 S. Grandview Avenue (Additional Applicant); Megan Gloss, 1130 Main Street (Additional Applicant); Kurt Hansen, 511 Nocturnal Lane; and Marcos Rubinstein, 663 Fenelon Place. Upon roll-call vote, Andrea Beacham, Michael Elliot and Megan Gloss were appointed to 3- year terms through January 1, 2014. Frederick Davis, Jr., was appointed to a 3-year term through January 1, 2013; and Kurt Hansen was appointed to a 3-year term through January 1, 2012. Mediacom Cultural Affairs Charitable Foundation:Two 1-year terms through December 31, 2011 (Terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly Lane; and Connie Twining, 421 N. Booth Street. Motion by Braig to appoint Gail Chavenelle and Connie Twining to the Mediacom Cultural Affairs Charitable Foundation for 1-year terms through December 31, 2011. Seconded by Connors. Motion carried 6-0. Safe Community Advisory Committee:Nine 1-year terms through December 31, 2011. Applicants: Anthony Allen, 1725 Delhi Street; Mary Rae Bragg, 350 Kaufmann Avenue; Diane Callahan, 531 Sapphire Circle; Jonathan Cheatham, 2396 University Avenue; Rachel Daack, 800 Laurel Street; Amanda Elkins, 2257 Chaney Road; Ann Ernst, 899 Mt. Carmel Road; Phil French, 1035 Rockdale Road; Bob Lanka, 2280 Jackson Street; Doug Stillings, 1255 Locust Street; Susan Stork, 2115 Golden Eagle Drive; and Lynn Sutton, 876 Yale Court. Upon roll-call vote, Anthony Allen, Mary Rae Bragg, Diane Callahan, Jonathan Cheatham, Rachel Daack, Ann Ernst, Doug Stillings, Susan Stork, and Lynn Sutton were appointed to 1- year terms through December 31, 2011. 11 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Historic Millwork District Complete Streets Project: Proof of publication of notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and Resolution of Necessity for the Historic Millwork District Complete Streets Project and City Manager recommending approval. Motion by Jones to receive and filed the documents and adopt Resolution No. 471-10 Approval of plans, specifications, form of contract, and estimated cost for the Historic Millwork District Complete Streets Project; Resolution No. 472-10 Approving schedule of assessments and estimate of total cost for the Historic Millwork District Complete Streets Project; and Resolution No. 473-10 Resolution of Necessity. Seconded by Braig. Speaking on behalf of Dubuque Main Street, 1069 Main Street, Executive Director Dan LoBianco commended the City Council and staff for their work and incentives related to the project. Responding to questions from City Council, City Manager Van Milligen stated that tree plantings were not included in the design because of the Historic Preservation Commission’s concept of maintaining the historic character of the original millwork district. Motion carried 6-0. RESOLUTION NO. 471-10 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HISTORIC MILLWORK DISTRICT COMPLETE STREETS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Historic Millwork District Complete Streets Project, in the estimated amount $6,631,721.25, are hereby approved. th Passed, adopted and approved this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 472-10 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE HISTORIC MILLWORK DISTRICT COMPLETE STREETS PROJECT NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Historic Millwork District Complete Streets Project are hereby approved. th Passed, approved and adopted this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk MILLWORK DISTRICT RECONSTRUCTION PROJECT PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: NOVEMBER 8, 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 value of such 12 lots by the City Council of the City of Dubuque PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; NET ASSESSED VALUATION (2010); VALUATION WITH IMPROVEMENT; 20% NET PAVING IMPROVEMENT COST; 100% NET PAVING IMPROVEMENT COST; CONCRETE SIDEWALK COST; TOTAL PUBLIC IMPROVEMENT COST; ASSESSMENT DEFICIENCY; PRIVATE SANITARY SEWER SERVICE; PRIVATE WATER SERVICE; TOTAL NET ASSESSMENT Design Center, Inc.; City Lots 359, 360 & 361; 10 24 491 001; $48,400; $65,549.08; $17,149.08; $0.00; $0.00; $17,149.08; -$761.81; $0.00; $0.00; $16,387.27 Plastic Center, Inc.; City Lots 364-368 Inc. also Vac Alley between City Lots 359 to 363 & City Lots 364 to 368; 10 24 491 002; $582,410; $602,988.90; $20,578.90; $0.00; $0.00; $20,578.90; $0.00; $0.00; $0.00; $20,578.90 Plastic Center, Inc.; Balance City Lot 404; 10 24 492 001; $73,200; $101,142.63; $27,942.63; $0.00; $0.00; $27,942.63; -$2,656.97; $0.00; $0.00; $25,285.66 Plastic Center, Inc.; City Lots 354, 355, 356, 357 & 358 Also W1/2 alley between White St. & Jackson from 7th-8th-Adjacent to Said Lots; 10 24 488 001; $730,880; $766,189.52; $35,309.52; $0.00; $0.00; $35,309.52; $0.00; $0.00; $0.00; $35,309.52 Plastic Center, Inc.; City Lots 369, 370, 371, 372 & 373 Also E 1/2 Alley adjacent to City Lots 369 to 373 - alley located between White & Jackson Sts. 7th - 8th Sts.; 10 24 488 002; $67,400; $112,349.19; $44,949.19; $0.00; $0.00; $44,949.19; -$16,861.89; $0.00; $0.00; $28,087.30 Wilmac Property Co.; City Lots 349A, 349, 350, 351, 352, 353, 374, 375, 376, 377 & 378; 10 24 483 001; $926,600; $980,548.22; $53,948.22; $0.00; $0.00; $53,948.22; $0.00; $0.00; $0.00; $53,948.22 Wilmac Property Co.; City Lot 379 & S 15' City Lot 380; 10 24 479 008; $78,400; $86,277.80; $7,877.80; $0.00; $0.00; $7,877.80; $0.00; $0.00; $0.00; $7,877.80 Redmond, Mark S.; W 45' City Lot 399, W 45' N 1/2 City Lot 400; 10 24 484 001; $49,000; $55,255.78; $6,255.78; $0.00; $0.00; $6,255.78; $0.00; $0.00; $0.00; $6,255.78 Rettenmaier, John; E 55' City Lot 399 & E 55' N 1/2 City Lot 400; 10 24 484 002; $87,600; $90,113.28; $2,513.28; $0.00; $0.00; $2,513.28; $0.00; $0.00; $0.00; $2,513.28 Fincel, Michael J.; S 1/2 City Lot 400, City Lot 401; 10 24 484 003; $91,600; $100,739.20; $9,139.20; $0.00; $0.00; $9,139.20; $0.00; $0.00; $0.00; $9,139.20 Caradco Building LLLP; City Lots 394 thru 398, 420 thru 424, & S 1/2 W Bal of City Lot 505A & City Lot 394A; 10 24 480 009; $340,500; $640,436.07; $27,416.83; $244,163.00; $28,356.24; $299,936.07; $0.00; $5,000.00; $2,000.00; $306,936.07 White, John H.; Lot 1 of City Lot 381 N 36.2' of City Lot 380; 10 24 479 007; $28,700; $35,415.17; $6,715.17; $0.00; $0.00; $6,715.17; $0.00; $0.00; $0.00; $6,715.17 White, John H.; Lot 2 of City Lot 381; 10 24 479 011; $52,700; $56,383.43; $3,683.43; $0.00; $0.00; $3,683.43; $0.00; $0.00; $0.00; $3,683.43 Montague, Ryan; City Lot 382; 10 24 479 010; $106,500; $112,592.80; $6,092.80; $0.00; $0.00; $6,092.80; $0.00; $0.00; $0.00; $6,092.80 Jakd LLC; City Lot 383; 10 24 479 009; $79,300; $85,392.80; $6,092.80; $0.00; $0.00; $6,092.80; $0.00; $0.00; $0.00; $6,092.80 Spahn & Rose Lumber Co.; City Lots 384-387 & S 1/2 City Lot 388; 10 24 477 010; $363,000; $390,417.60; $27,417.60; $0.00; $0.00; $27,417.60; $0.00; $0.00; $0.00; $27,417.60 Kalmes Brothers LLC; N 1/2 City Lot 388; 10 24 477 009; $133,000; $136,046.40; $3,046.40; $0.00; $0.00; $3,046.40; $0.00; $0.00; $0.00; $3,046.40 13 Mabusth, Stuart W. & Mary P.; City Lot 389, N 30.89' of City Lot 390; 10 24 480 001; $79,600; $89,358.00; $9,758.00; $0.00; $0.00; $9,758.00; $0.00; $0.00; $0.00; $9,758.00 Mabusth, Stuart W. & Mary P.; City Lots 428 & 429 & N Pt City Lot 427; 10 24 480 002; $127,500; $127,500.00; $0.00; $0.00; $0.00; $0.00; $0.00; $2,500.00; $2,500.00; $5,000.00 Wilmac Property Co.; City Lots 391-393, 389A, 425, 426 & S Pt 427, S 20.17' of 390, N 1/2 W-Bal 505A (100 Jackson, 225 & 275 E. 10th St.); 10 24 480 003; $582,200; $732,299.49; $17,618.49; $115,783.00; $16,698.00; $150,099.49; $0.00; $2,000.00; $10,000.00; $162,099.49 Warehouse Redevelopment LLC; Lot 2 Center City Place (375 E. 9th); 10 24 480 014; $402,600; $756,149.00; $0.00; $311,425.00; $42,124.00; $353,549.00; $0.00; $1,500.00; $2,000.00; $357,049.00 Mid American Holdings; Lot 1 Center City Place; 10 24 480 013; $703,500; $1,199,860.16; $0.00; $456,628.00; $39,732.16; $496,360.16; $0.00; $2,500.00; $15,000.00; $513,860.16 Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa, Attn. Prop. Tax Acct.; City Lots 405, 405A, 406, 407, 408, 409, 410, 411, 412, 413, 414 & 2-417; 10 24 489 002; $260,050; $311,961.79; $51,911.79; $0.00; $0.00; $51,911.79; $0.00; $0.00; $0.00; $51,911.79 Jeld-Wen Inc., D/B/A Jeld-Wen Fiber of Iowa, Attn. Prop. Tax Acct.; City Lot 402, 403, N25'2" Lot 415, 416 & 416A; 10 24 484 010; $128,500; $141,914.39; $13,414.39; $0.00; $0.00; $13,414.39; $0.00; $0.00; $0.00; $13,414.39 TOTALS: $1,653,740.70; -$20,280.68; $13,500.00; $31,500.00; $1,678,460.03 RESOLUTION NO. 473-10 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE HISTORIC MILLWORK DISTRICT COMPLETE STREETS PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Historic Millwork District Complete Streets Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. th Passed, adopted and approved this 20 day of December, 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center – Planned Unit Development District (Tabled on June 7, 2010): City Manager requesting that this item be tabled to July 5, 2011. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to remove from the table. Seconded by Resnick. Motion carried 6-0. Motion by Connors to table a proposed ordinance amending Appendix A (the Zoning 14 Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to July 5, 2011. Seconded by Braig. Motion carried 6-0. Request to Rezone – 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 (DMASWA) to rezone property located on U.S. Highway 20 West from County A-1 Agricultural District, County R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions, in conjunction with annexation 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 Lynch. Planning Services Manager Laura Carstens provided a staff report. Dan Gotto, 15265 Briarwood Drive, Peosta, stated that he was not made aware of the request and had concerns, which included increased truck traffic and noise as the landfill encroaches on the neighboring subdivisions. Responding to questions from City Council, Carstens stated that property owners within 200 feet of the proposed request were notified in accordance with and in excess of state and local requirements. Public Works Director Don Vogt stated that the landfill has been in existence since 1976 and is already a regional landfill jointly operated by the City of Dubuque and Dubuque County with contracts/customers in Delaware, Jo Daviess, and Jackson Counties. He added that additional expansion and cells are planned and that state law dictates many of the landfills operations. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 61-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located on U.S. Highway 20 West from County A-1 Agricultural District, County R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 61-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT U.S. HIGHWAY 20 WEST FROM COUNTY A-1 AGRICULTURAL DISTRICT, COUNTY R-1 RURAL RESIDENTIAL DISTRICT AND CITY AG AGRICULTURAL DISTRICT TO CITY HI HEAVY INDUSTRIAL 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 County A-1 Agricultural District, County R-1 Rural Residential District, and City AG Agricultural District, with conditions, to wit: As shown on Exhibit A, 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. th Section 3. Passed, approved and adopted this 20 day of December, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk 15 MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: As shown on Exhibit A, 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. 61-10, 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: A) Performance Standards: 1) That the permitted uses for this Heavy Industrial District shall be limited to the following: a) Automated gas station b) Freight transfer facility c) Resource recovery/recycling center (outdoor/indoor) d) Railroad or public or quasi-public utility, including substation. e) Sanitary landfill 2) That the conditional uses for this Heavy Industrial District shall be limited to the following: a) Wind energy conversion system B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Unified Development Code governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. C) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the Code of Ordinances of the City of Dubuque, also known as the Unified Development Code of the City of Dubuque, Iowa. D) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 61-10 I, Ric W. Jones, representing Dubuque Metropolitan Solid Waste Agency, having read the terms and conditions of the foregoing Ordinance No. 61-10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. th Dated in Dubuque, Iowa this 20 day of December, 2010. /s/Ric W. Jones Dubuque Metropolitan Solid Waste Agency th Published officially in the Telegraph Herald Newspaper the 24 day December, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Request to Annex – Dubuque Metropolitan Area Solid Waste Agency (Tabled from November 15, 2010 City Council Meeting): 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 178.29 acres of property on the west side of the City of Dubuque and City Manager recommending approval. Motion by Connors to remove from the table. Seconded by Resnick. Motion carried 6-0. Motion by Connors to receive and file the documents and adopt Resolution No. 474-10 Approving application for voluntary annexation of territory to the City of Dubuque. Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. 16 RESOLUTION NO. 474-10 APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), the property owner, has submitted a written application for voluntary annexation of approximately 178.29 acres of land to the City of Dubuque, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any State or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubuque; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), the property owner, for voluntary annexation of approximately 178.29 acres of land of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A and legally described as Lot 1 Landfill West Subdivision in Section 1, Township 88 th North, Range 1 East of the 5 P.M.; Southwest ¼ of the Southeast ¼ in Section 1, Township th 88 North, Range 1 East of the 5 P.M.; Lot 2 of the Southeast ¼ of the Southeast ¼ in Section th 1, Township 88 North, Range 1 East of the 5 P.M.; and Lot 1 Landfill South Subdivision, in th Section 6, Township 88 North, Range 2 East of the 5 P.M.; all in Dubuque County, Iowa, is hereby approved for annexation to the City of Dubuque, Iowa. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque, Iowa, be and they hereby are extended to include the approximately 178.29 acres of DMASWA annexation territory as shown on Exhibit A. Section 3. That the City Council of Dubuque, Iowa, does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code pertaining to voluntary annexation of territory within an urbanized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Precinct Five of Ward One of the City of Dubuque, Iowa. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. th Passed, approved and adopted this 20 day of December 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Request to Rezone – 6900, 6950 and 7000 Pennsylvania Avenue: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to rezone property located at 6900, 6950 and 7000 Pennsylvania Avenue from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial District designation and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed 17 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. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 62-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ordinances No. 14-98, 7-02, and 83-04 by reclassifying three (3) parcels along Pennsylvania Avenue from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial District designation to incorporate the three parcels into the Dubuque Industrial Center West. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 62-10 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ORDINANCES NO. 14-98, 07-02 AND 83-04 BY RECLASSIFYING THREE (3) PARCELS ALONG PENNSYLVANIA AVENUE FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION TO INCORPORATE THE THREE PARCELS INTO THE DUBUQUE INDUSTRIAL CENTER WEST 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 PUD Planned Unit Development with a PI Planned Industrial District Designation, to wit: Lot 2 of NW ¼ NE ½ Section 30 T89N, R2E, Lot 2 of 1 NW ¼ NE ¼ Section 30 T89N R2E, and Lot 2 of E 10 acres of NE ¼ NW ¼ Section 30, T89N, R2E, 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 publication, as provided by law. th Passed, approved and adopted this 20 day of December, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of December, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Text Amendment – City of Dubuque: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 2.3 Definitions and Article 5-19.1 HI Heavy Industrial District to modify regulation of Resource Recovery/Recycling Centers and Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 63-10 Amending the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 2, Definitions, to modify definitions of Resource/Recycling Center, and amend Article 5, Zoning Districts, to eliminate outdoor resource recovery/recycling centers. Seconded by Connors. Motion carried 6-0. 18 OFFICIAL PUBLICATION ORDINANCE NO. 63-10 AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 2, DEFINITIONS, TO MODIFY DEFINITIONS OF RESOURCE RECOVERY / RECYCLING CENTER AND AMEND ARTICLE 5, ZONING DISTRICTS, TO ELIMINATE OUTDOOR RESOURCE RECOVERY / RECYCLING CENTER 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 2-3 is hereby amended as follows: Resource Recovery / Recycling Center: indoor and outdoor facilities for obtaining useful materials or energy from solid waste or recycled materials. Materials can be reused for their original purpose, packaged and shipped elsewhere, reprocessed for a different purpose or converted into energy, not to include a biofuels plan or a salvage yard. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 5-19.1 is hereby amended as follows: 5-19.1 40. Resource Recovery / Recycling Center (outdoor/indoor indoor only). Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of December, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of December, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Washington Neighborhood Conservation District: City Manager recommending approval of expansion of the Washington Neighborhood Conservation District to encompass the entire neighborhood and that this be referred to the Historic Preservation Commission so they can hold a public hearing and provide a recommendation to the City Council. 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 6-0. Motion by Connors for final consideration and passage of Ordinance No. 64-10 Establishing a moratorium on the issuance of demolition permits in the Washington Street Neighborhood Conservation District. Seconded by Braig. Motion carried 6-0. 19 OFFICIAL PUBLICATION ORDINANCE NO. 64-10 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF DEMOLITION PERMITS IN THE WASHINGTON STREET NEIGHBORHOOD CONSERVATION DISTRICT Whereas, the City has adopted the Washington Neighborhood Strategic Plan; and Whereas, expansion of the Washington Street Neighborhood Conservation District is an implementation step of the Washington Neighborhood Strategic Plan; and Whereas, the City Council plans to study the proposed expansion of the district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14 of the City of Dubuque Code of Ordinances, Building and Development, Chapter 2, Section 14-2-4 is hereby amended as follows: D. Washington Street Neighborhood Conservation District: The City Manager shall not issue any permit for demolition, in the proposed expansion of the Washington Street Neighborhood Conservation District, with the exception properties being acquired and demolished for the Bee Branch Creek Restoration Project, as shown on the map on file in the office of the City Clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from the effective date of this ordinance through June 22, 2011, except where a vested right to the issuance of such permit accrued prior to December 23, 2010. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 20 day of December, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of December, 2010. /s/Jeanne F. Schneider, CMC, City Clerk IBM Joint Development Agreement – Amendment No. 2: City Manager recommending approval of an amendment to the existing IBM Joint Development Agreement on Smarter Water. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6-0. Ordinance Changes – Through Streets, Stop/Yield Intersections: City Manager recommending approval of changes to the City of Dubuque Code of Ordinances involving stop intersections, yield intersections and through streets. 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 6-0. Motion by Connors for final consideration and passage of Ordinance No. 65-10 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 through (or thru) highway; Amending Chapter 7 Operation, Section 9-7-321.321 Entering Through Streets by removing streets designated as through streets; amending Chapter 7 Operation, Section 9-7- 321.322 Stop and Yield Intersections by removing intersections designated as stop and yield intersections; and amending Chapter 7 Operation, Section 9-7-321.322A by removing such section. Seconded by Braig. Motion carried 6-0. 20 OFFICIAL PUBLICATION ORDINANCE NO. 65-10 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 THROUGH (OR THRU) HIGHWAY; AMENDING CHAPTER 7 OPERATION, SECTION 9-7-321.321 ENTERING THROUGH STREETS BY REMOVING STREETS DESIGNATED AS THROUGH STREETS; AMENDING CHAPTER 7 OPERATION, SECTION 9-7-321.322 STOP AND YIELD INTERSECTIONS BY REMOVING INTERSECTIONS DESIGNATED AS STOP AND YIELD INTERSECTIONS; AND AMENDING CHAPTER 7 OPERATION, SECTION 9-7-321.322A BY REMOVING SUCH SECTION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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: . . . . THROUGH (OR THRU) STREET: Every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same and when stop signs are erected as provided by law or such entrances are controlled by a peace officer or traffic control signal. The term "arterial" shall be synonymous with "through" or "thru" when applied to streets of this city. . . . . Section 2. Section 9-7-321.321 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-7-321.321: ENTERING THROUGH STREETS: Except where yield signs or official traffic control signals are erected, the driver of a vehicle shall stop or yield as required by this title at the entrance to a through street and shall yield the right of way to other vehicles which have entered the intersection from such through street or which are approaching so closely on such through street as to constitute a hazard, but such driver having so yielded may proceed cautiously and with due care. Section 3. Section 9-7-321.322 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-7-321.322: STOP AND YIELD INTERSECTIONS: A. Stop Intersections: The driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at the first opportunity at either the clearly marked stop line, before entering the crosswalk, before entering the intersection, or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. Before proceeding, the driver shall yield the right of way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. B. Yield Intersections: The driver of a vehicle approaching a yield sign shall slow to a speed reasonable for the existing conditions and, if required for safety, shall stop at the first opportunity at either the clearly marked stop line, before entering the crosswalk, before entering the intersection, or at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or 21 stopping, the driver shall yield the right of way to any vehicle on the intersecting roadway which has entered the intersection or which is approaching so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. C. Signs: 1. Stop signs shall be erected at entrances to through streets and at one or more entrances to stop intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic control signal. 2. Yield signs shall be erected at the specified entrances to the yield intersections designated and shall be located as near as practical to the property line of the highway at the entrance at which the yield must be made, or at the nearest line of the crosswalk there at, or, if none, at the nearest line of the roadway. Section 4. This Ordinance shall take effect on publication. th Passed, approved and adopted this 20 day of December, 2010. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 24 day of December, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Neighborhood Watch: City Manager transmitting information on the process being used to further explore the Safe Community Task Force recommendation to develop a Neighborhood Watch Program. Motion by Lynch to receive and file the documents. Seconded by Resnick. Connors thanked the City Manager and Police Chief Mark Dalsing for their work and noted that recommendations from the Safe Community Task Force have appeared regularly on recent agendas for action by the City Council. Motion carried 6-0. Landlord Notification Letters: City Manager transmitting information on the status of the Police Department’s Landlord Notification System implemented in 2010. Motion by Braig to receive and file the documents. Seconded by Connors. Motion carried 6-0. Intercultural Communication Training for Board and Commission Members: City Manager recommending that the City offer Intercultural Communication Training sessions once per year to City board and commission members. Motion by Connors to receive and file the documents and strongly recommend all current board and commission members and future applicants attend these intercultural communication sessions. Seconded by Jones. City Council discussion centered around making the training mandatory or voluntary, for current or only new members, taken within the first year or first term, and if it would affect re-appointment. Motion carried 4-2 with Lynch and Braig voting nay. Smart Planning Grant Contract: City Manager recommending approval of an agreement with East Central Intergovernmental Association (ECIA) for a joint Smart Planning Local Comprehensive Planning Grant application with Dubuque County, Peosta, Asbury, Dyersville, Farley, Epworth and Cascade. Motion by Jones to receive and file the documents and adopt Resolution No. 475-10 Authorizing Smart Planning Grant Agreement. Seconded by Lynch. Motion carried 6-0. 22 RESOLUTION NO. 475-10 AUTHORIZING SMART PLANNING GRANT AGREEMENT Whereas, the Rebuild Iowa Office has awarded an Iowa Smart Planning Local Comprehensive Planning Grant to Dubuque County to assist six communities and the County as they develop forward-thinking comprehensive plans; and Whereas, the City of Dubuque plans to update the 2008 Comprehensive Plan; and Whereas, the City of Dubuque acknowledges the requirements of the Local Comprehensive Planning Grant Program as specified in the Iowa Smart Planning: Local Comprehensive Planning Grant Program Application Guidelines and understands the importance and benefits of comprehensive planning. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, in cooperation with Neighboring Jurisdictions in Dubuque County, hereby agrees to comply with the grant agreement for the Local Comprehensive Planning Grant Program for the development of a updated comprehensive plan. Section 2. That the Mayor is hereby authorized to sign the grant agreement on behalf of the City of Dubuque, Iowa. th Passed, approved and adopted this 20 day of December 2010. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bee Branch Creek Restoration Project – Additional Property Acquisitions: City Manager recommending approval of the acquisition of additional property for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. City Manger Van Milligen clarified the details and costs of the project’s different options as they related to soil excavation, property acquisition, and new facilities. Motion carried 6-0. Fiscal Year 2012 Policy Guidelines: City Manager recommending approval of the Policy Guidelines for Fiscal Year 2012. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Jones voiced objection to item #10 relating to salary increases over the amount budgeted for salaries as he believes it is the definition of bad-faith bargaining. Resnick stated that citizens are already facing financial hardships, questioned the meaning of the City Council’s priorities, and believed a lesser increase could be achieved. Connors agreed that the increase was due largely to increased pension costs and is mandated by the state, which takes it out of the City’s control. Lynch stated he is frustrated over other taxing authorities but depends upon the City Manager and Budget Director’s judgment. Braig stated that she is aware of how hard staff works to keep costs low, but city services come with a price and the tax increase isn’t a significant hardship. Buol stated that over the years he has served on the City Council, he has always tried to keep costs down and depends upon the Council and staff’s visioning. He added that city services take a tremendous financial outlay and citizens have grown used to a certain level of service. Motion carried 5-1 with Resnick voting nay. There being no further business, upon motion the City Council adjourned at 8:17 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 23