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Proof of Publication_City Council Proceedings 2 7 11CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 7, 2011 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated that this was a special meeting of the City Council called for the purpose of discussing the Convention and Visitors Bureau Budget and Work Plan. Keith Rahe, Executive Director of the Dubu- que Convention and Visitors Bureau, intro- duced CVB staff mem- hers and presented a slide presentation on the Bureau's Fiscal Year 2012 budget in- cluding information re- a t s e e d c C ti n s C tl n e ti 0 garding partnerships, awards, tourism statis- tics and marketing ef- forts. Mr. Rahe then re- sponded to questions from the City Council. There being no fur- ther business, upon motion the City Council adjourned at 6:15 p.m. /s /Jeanne F Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 7, 2011 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber 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 pro- vided by Dr. Reverend Ken Bickel of First Con- gregational UCC. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by. Jones. 6 Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 11/23; City Council of 1/18; Civil Service Commission of 12/6 and 1/14; Historic Pres- ervation Commission of 1/20; Housing Code Appeals Board of 10/19; Housing Com- mission of 11/23; In- vestment Oversight Advisory Commission of 1/27; Long Range Planning Advisory Commission of 1/19; Park and Recreation Commission of 1/11 tion the document was received and filed. Complete Streets Poli- cy: Communication from the Long Range Planning Advisory Commission advising that Complete Streets are consistent with the 2008 Dubuque Compre- hensive Plan and rec- ommending that the City Council adopt a Complete Streets Poli- cy. Upon motion the document was re- ceived and filed. Harvest View Estates Sixth Addition: City Manager recommend- ing re- approval of the final plat of Harvest View Estates Sixth Ad- dition. Upon motion the documents were re- ceived and filed and Resolution No. 26 -11 Authorizing the re- approval of the final plat of Harvest View Estates Sixth Addition in the City of Dubuque, Iowa, was adopted. Save America's Treas- ures (SAT) Program Funding: City Manag- er's communication to The Honorable Ken Salazar, Secretary of the Department of Inte- rior, regarding the im- portance of ensuring that Save America's Treasures is included as a priority in the 2012 budget at the $25 mil- lion level. Upon motion the document was re- ceived and filed. Natural Gas Wireless Network Equipment Li- cense Agreement: City Manager recommend- ing approval of the Natural Gas Wireless Network Equipment Li- cense Agreement be- tween the City of Du- buque and Black Hills Energy. Upon motion the documents were received, filed, and ap- proved. Resolution of Protest to Preliminary DFIRM for the City of Dubu- que: Communication to Richard Leonard, FEMA Region VII, expressing gratitude for the assis- tance and cooperation that FEMA has shown with respect to re- with Title 6 6 - 3C2o; Ti- tle 6 -6 -4B3 and Title 6- 6B of the Code of Ordi- nances of the City of Dubuque, Iowa, was adopted. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manag- er recommending ap- proval of the submis- sion of delinquent wa- ter, sewer, refuse and storm water collection accounts to the Dubu- que County Treasurer. Upon motion the docu- ments were received and filed and Resolu- tion No. 34 -11 Adopting the Schedule of As- sessments for delin- quent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice there- of was adopted. Comprehensive Annu- al Financial Report (CAFR): City Manager transmitting the 2010 Comprehensive Annual Financial Report (CAFR). Upon motion the documents were received and filed. Sister City Relation- ships Advisory Com- mission: Communica- tion from Eric Miller advising that he will be unable to accept an ap- pointment to the Sister City Relationships Ad- visory Commission. Upon motion the docu- ment was received and filed and the resigna- tion accepted. Workers' Compensa- tion Claims: City Man- ager recommending approval of the settle- ment of the workers' compensation claims of Michael Clancy and Kevin Sweeney. Upon motion the documents were received, filed, and approved. Levee Certification - Interior Drainage Study Agreement Amend- ment: City Manager recommending appro- val to amend the City's agreement with CDM to include the interior LIBERTY. ANDTHE STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 16, 2011, and for which the charge is $386.19. �1Z1�i�F' Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day o D.� , %' t , 20 // . 217 L/ L� Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME` Commission Number 154 Pr .., crF. garding partnerships, awards, tourism statis- tics and marketing ef- forts. Mr. Rahe then re- sponded to questions from the City Council. There being no fur- ther business, upon motion the City Council adjourned at 6:15 p.m. /s/Jeanne F Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 7, 2011 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber 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 pro- vided by Dr. Reverend Ken Bickel of First Con- gregational UCC. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by. Jones. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 11/23; City Council of 1/18; Civil Service Commission of 12/6 and 1/14; Historic Pres- ervation Commission of 1/20; Housing Code Appeals Board of 10/19; Housing Com- mission of 11/23; In- vestment Oversight Advisory Commission of 1/27; Long Range Planning Advisory Commission of 1/19; Park and Recreation Commission of 1/11 Substance Abuse Services Center Fiscal Year 2011 Second Quarter Report Library Board of Trustees Update from the Meeting of January 27, 2011 Investment Oversight Advisory Commission 71st Quarterly Report Proofs of publication of City Council Pro- ceedings of January 3 and 18, 2011 and List of Claims and Summary of Revenues for Month Ended December 31, 2010 Upon motion the documents were re- ceived and filed. Notice of Claims/Suits: Jennifer Ney for personal injury/property dam- age; Emily Marie Leicht for vehicle damage; Marion Durrah vs. City of Dubuque, et al; Sus- an Schueller for vehicle damage; Clay W. Gronen for vehicle damage. Upon motion the documents were received, filed and re- ferred to the City Attor- ney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Michael Wil- lis for vehicle damage; Miriah Roath for per- sonal injury and vehi- cle damage; Katie Schaefer for vehicle damage; Jennifer Ney for personal injury/ property damage; Kayla McLaughlin for vehicle damage; Christa Welu Trust for property damage. Upon motion the docu- ments were received, filed and concurred. Management Agree- ment for Bunker Hill Golf Course: City Man- ager recommending approval of a manage- ment agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period begin- ning March 1, 2011 and ending November 30, 2011. Upon motion the documents were re- ceived, filed, and ap- proved. Federal Emergency Management Agency (FEMA): Communica- tion to Bob Bissell, FEMA Region VII, re- garding the Scientific Review Panel Notifica- tion for FEMA Prelimi- nary DFIRM. Upon mo- tion the document was received and filed. North End Neighbor- hood Association: Communication from the North End Neigh- borhood Association thanking the City for the combined efforts that made possible the FEMA decision to ac- cept the revised flood map created by the City of Dubuque's con- sultant CDM. Unon mo- tion the document was with Title 6-6-3C2o; Ti- received and filed. tle 6-6-4B3 and Title 6- Complete Streets Poli- 6B of the Code of Ordi- cy: Communication nances of the City of from the Long Range Dubuque, Iowa, was Planning Advisory adopted. Commission advising Delinquent Water, that Complete Streets Sewer, Refuse and are consistent with the Storm Water Collection 2008 Dubuque Compre- Accounts: City Manag- hensive Plan and rec- er recommending ap- ommending that the proval of the submis- City Council adopt a sion of delinquent wa- Complete Streets Poli- ter, sewer, refuse and cy. Upon motion the storm water collection document was re- accounts to the Dubu- ceived and filed. que County Treasurer. Harvest View Estates Upon motion the docu- Sixth Addition: City ments were received Manager recommend- and filed and Resolu- ing re -approval of the tion No. 34-11 Adopting final plat of Harvest the Schedule of As - View Estates Sixth Ad- sessments for delin- dition. Upon motion the quent water, refuse, documents were re- sewer and storm water ceived and filed and collection accounts Resolution No. 26-11 and directing the Clerk Authorizing the re- to certify the schedule approval of the final of assessments to the plat of Harvest View County Treasurer and Estates Sixth Addition to publish notice there- in the City of Dubuque, of was adopted. Iowa, was adopted. Comprehensive Annu- Save America's Treas- al Financial Report ures (SAT) Program (CAFR): City Manager Funding: City Manag- transmitting the 2010 er's communication to Comprehensive Annual The Honorable Ken Financial Report Salazar, Secretary of (CAFR). Upon motion the Department of Inte- the documents were rior, regarding the im- received and filed. portance of ensuring Sister City Relation - that Save America's ships Advisory Com- Treasures is included mission: Communica- as a priority in the 2012 tion from Eric Miller budget at the $25 mil- advising that he will be lion level. Upon motion unable to accept an ap- the document was re- pointment to the Sister ceived and filed. City Relationships Ad - Natural Gas Wireless visory Commission. Network Equipment Li- Upon motion the docu- cense Agreement: City ment was received and Manager recommend- filed and the resigna- ing approval of the tion accepted. Natural Gas Wireless Workers' Compensa- Network Equipment Li- 'tion Claims: City Man- cense Agreement be- ager recommending tween the City of Du- approval of the settle- buque and Black Hills ment of the workers' Energy. Upon motion compensation claims the documents were of Michael Clancy and received, filed, and ap- Kevin Sweeney. Upon proved. motion the documents Resolution of Protest were received, filed, to Preliminary DFIRM and approved. for the City of Dubu- Levee Certification - que: Communication to Interior Drainage Study Richard Leonard, FEMA Agreement Amend - Region VII, expressing ment: City Manager gratitude for the assis- recommending appro- tance and cooperation val to amend the City's that FEMA has shown agreement with CDM with respect to re- to include the interior mapping the Bee drainage study re - Branch and other areas quired as a prerequi- of the City. Upon mo- site for levee certifica- tion the document was tion. Upon motion the. received and filed. documents were re - Central Avenue HMA ceived, filed, and ap- Resurfacing Project: proved. City Manager recom- Historic Millwork Dis- mending approval of trict Streetscape and an Iowa Department of Utilities - V&K Amend - Transportation (Iowa ment No. 2: City Man - DOT) Cooperative ager recommending Agreement for Primary approval of Amend- Road Project for the ment No. 2 to the His - Central Avenue HMA toric Millwork District Resurfacing Project, Streetscape and Utilit- from 21st to 32nd ies Professional Engi- Street. Upon motion neering Services the documents were Agreement between received and filed and the City and Veenstra Resolution No. 27-11 & Kimm, Inc. (V&K). Approving the Iowa De- Upon motion the docu- partment of Transpor- ments were received, tation Cooperative filed, and approved. Agreement for Primary Citizen Petition: Peti- Road Project (Agree- tion submitted by Ju- ment No. 2011-16-079) dith Hertin, 2074 Mor- for the Central Avenue ningview Road, regard- HMA Resurfacing with ing school taxes. Upon Milling Project, from motion the documents 21st to 32nd Street was were received and adopted. filed. Bee Branch Decon- A.Y. McDonald Manu- struction Project: City facturing Iowa Demon - Manager recommend- stration Fund Applica- ing acceptance of the tion: Communication to Bee Branch Decon- the Iowa Department struction Project as of Economic Develop - completed by Gronen ment in support of the Restoration in the application submitted amount of $332,058.65 by A.Y. McDonald Man - for Bid Groups 1, 2, 4, 6, ufacturing for financial 12, and 13; Tschiggfrie assistance from the Excavating in the IDED's Demonstration amount of $622,097.28 Fund. Upon motion the for Bid Groups 3, 5, 8, 9, document was re- 10, 11, 14, and 15; and ceived and filed. Ted Stackis Construc- Quarterly Investment tion in the amount of Report: City Manager $141,742.63 for Bid transmitting the De - Group 7. Upon motion cember 31, 2010 Quar- the documents were terly Investment Re - received and filed and port. Upon motion the Resolution No. 28-11 documents were re - Accepting the building ceived and filed. deconstruction associ- Preliminary DFIRM ated with the Bee Revised Panels: City Branch Creek Restora- Manager transmitting tion Project, Bid correspondence with Groups 1, 2, 4, 6, 12, the Federal Emergency and 13, and. authorizing Management Agency the payment of the (FEMA) regarding re - contract amount to the vised panels for the contractor; Resolution preliminary Digital No. 29-11 Accepting Flood Insurance Rate the building decon- Map (DFIRM) for our struction associated community. Upon mo- with the Bee Branch tion the documents Creek Restoration Proj- were received and ect, Bid Groups 3, 5, 8, filed. 9, 10, 11, 14 and 15, and Envision 2010 Bro- authorizing the pay- chure: Submittal of the ment of the contract new Envision 2010 amount to the contrac- progress report bro- tor; and Resolution No. chure. Upon motion the 30-11 Accepting the document was re- building decon- ceived and filed. struction associated Dubuque Industrial with the Bee Branch Center North First Ad - Creek Restoration Proj- dition - Covenants: City ect, Bid Group 7, and Manager recommend - authorizing the pay- ing approval of the ment of the contract same covenants that amount to the contrac- govern the Dubuque In - tor were adopted. dustrial Center West Plat Approval: Kerper for the Dubuque Indus - Boulevard - 12th Street trial Center North First to 16th Street: City Addition. Upon motion Manager recommend- the documents were ing approval of the plat received and filed and of Lot 1 and Lot A of Resolution No. 35-11 Bee Branch Subdivision Adopting the Third No. 2 in the City of Du- Amended and Restated buque, Dubuque Coun- Declaration of Cove- ty, Iowa. Upon motion nants, Conditions, Re- the documents were strictions, Reserva- received and filed and tions, Easements, Liens Resolution No. 31-11 and Charges with re - Approving the final plat spect to Dubuque In - of Lot 1 and Lot A of dustrial Center North Bee Branch Subdivision First Addition was STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION n:,r R;fi;,,,T Clerk fnr Woodward Communications, Inc., an Iowa CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 7, 2011 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated that this was a special meeting of the City Council called for the purpose of discussing the Convention and Visitors Bureau Budget and Work Plan. Keith Rahe, Executive Director of the Dubu- que Convention and Visitors Bureau, intro- duced CVB staff mem- bers and presented a slide presentation on the Bureau's Fiscal Year 2012 budget in- cluding information re- mitted. Upon motion the documents were received and filed and Resolution No. 36-11 Granting the issuance of a Class "C" Beer Permit to Oky Doky #8 and Hartig Drug #8; and Resolution No. 37- 11 Grantingthe issu- ance of a Class "C" Beer/Liquor License to Tony's Place and Dubu- que Mining Company; a Special Class "C" Liq- uor License to Pusateri's; a Class "B" Wine Permit to Oky Doky #8 and Hartig Drug #8; and a Class "WBN" Native Wine Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 6-0. Sale of Property at 346 East 19th Street: City Manager recom- mending that a public hearing be set for Feb- ruary 22, 2011 to con- sider approval of the sale of property at 346 East 19th Street. Upon motion the documents were received and filed and Resolution No. 38- 11 Resolution of intent to dispose of City - owned property, spe- cifically, North Y2 of Lot 97, except the West 57'6" thereof, in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded plat thereof - 346 East 19th Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 22, 2011 in the His- toric Federal Building. Washington Neigh- borhood Conservation District Expansion: City Manager recommend- ing that a public hear- zu.u. upon motion th documents were re ceived, filed, and ap proved. Federal Emergency Management Agency (FEMA): Communica tion to Bob Bissell FEMA Region VII, re- garding the Scientific Review Panel Notifica- tion for FEMA Prelimi- nary DFIRM. Upon mo- tion the document was received and filed. North End Neighbor- hood Association: Communication from the North End Neigh- borhood Association thanking the City for the combined efforts that made possible the FEMA decision to ac- cept the revised flood map created by the City of Dubuque's con- sultant CDM. Upon mo- tion the document was received and filed. Master Consulting Services Agreement: City Manager recom- mending approval of the First Amendment to the Master Consult- ing Services Agree- ment with David Lyons to extend the agree- ment through June 30, 2012. Upon motion the documents were re- ceived, filed, and ap- proved. Legislative Corre- spondence: Communi- cation to the Legisla- tive Information Office urging the Iowa Legis- lature to maintain both the Iowa Smart Plan- ning Bill and the I -JOBS II funding. Communication to area legislators ex- pressing opposition of the City of Dubuque to several aspects of Gov- ernor Branstad's budg- et. Upon motion the documents were re- ceived and filed.. Smart Planning Bill: Communication from the Long Range Plan- ning Advisory Commis- sion advising that the Commission supports the Iowa Smart Plan- ning Bill and related expenses and urging the City Council to sup- port it also. Upon mo- ing be set for February 22, 2011 to consider ap- proval of an amend- ment to expand the Washington Street Neighborhood Conser- vation District. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 22, 2011 in the His- toric Federal Building. Engine House #1 MT, LLC Lease: City Manag- er recommending that a public hearing be set for February 22, 2011 to consider approval of a proposed 40-year lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for Engine House #1, which for- merly housed the Housing Department offices. Upon motion the documents were received and filed and Resolution No. 39-11 Resolution to set hear- ing on disposal of in- terest in real property to Engine House #1 MT, LLC, was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on February 22, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/ Commissions: Mechanical Board: One 3-year term through March 16, 2014 (Term of Hillard). Ap- plicant: Gary Hillard, 2826 Muscatine Street. Sister City Relation- ships Advisory Com- mission: One 3-year term through February 1, 2014 (Term of Mill- er). Applicants: Jill Connors, 720 Nevada Street, and Phyllis Lee, 520 S. Grandview Ave- nue. Ms. Connors and e amount to c- - tor; and Resolution No. - 30-11 Accepting the building decon- struction associated with the Bee Branch Creek Restoration Proj- , ect, Bid Group 7, and authorizing the pay- ment of the contract amount to the contrac- tor were adopted. Plat Approval: Kerper Boulevard - 12th Street to 16th Street: City Manager recommend- ing approval of the plat of Lot 1 and Lot A of Bee Branch Subdivision No. 2 in the City of Du- buque, Dubuque Coun- ty, Iowa. Upon motion the documents were received and filed and Resolution No. 31-11 Approving the final plat of Lot 1 and Lot A of Bee Branch Subdivision No. 2 in the City of Du- buque, Dubuque Coun- ty, Iowa, was adopted. Vacant and Aban- doned Building (VABs) and Problem Property Assessments: City Manager recommend- ing approval of vacant and abandoned build- ing and problem prop- erty assessments. Upon motion the docu- ments were received and filed and Resolu- tion No. 32-11 Authoriz- ing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h; Ti- tle 16-6-4B3 and Title 6- 6B of the Code of Ordi- nances of the City of Dubuque, Iowa, was adopted. Grass and Weed Cut- ting Assessments: City Manager recommend- ing approval to certify grass and weed cutting charges. to the Dubu- que County Treasurer in order to establish re- al property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 33-11 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance Ms. Lee spoke in sup- port of their respective appointment. Transit Advisory Board: One 3-year term through July 30, 2011 (Term of Croissant) Applicant: R.R.S. Stewart, 460 Summit Street. Ms. Stewart spoke in support of her appointment. Appointments to the following Boards/ Commissions: Com- munity Development Advisory Commission: One 3-year term through February 15, 2014 (Term of Michalski). Applicant: Ann Michalski, 1520 Al- tura Drive. Motion by Braig to appoint Ann Michalski to the Com- munity Development Advisory Commission for a 3-year term through February 15, 2014. Seconded by Resnick. Motion car- ried 6-0. PUBLIC HEARINGS Upon motion, the rules were suspended allowing anyone pres- ent to address the City Council. Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI): Proof of publica- tion on notice of public hearing to consider ap- proval of the disposi- tion of Dubuque Indus- trial Center West prop- erty to Faley Proper- ties, LLC and Faley En- terprises, Inc. for the purpose of construct- ing a 65,000 square foot office/distribution center and City Manag- er recommending ap- proval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 40-11 Approving a De- velopment Agreement providing for the sale of 8.369 acres in the Dubuque Industrial Center West to Faley Properties, LLC , and Faley Enterprises, Inc. Seconded by Jones. Motion carried 6-0. progress report bro- chure. Upon motion the document was re- ceived and filed. Dubuque Industrial Center North First Ad- dition - Covenants: City Manager recommend- ing approval of the same covenants that govern the Dubuque In- dustrial Center West for the Dubuque indus- trial Center North First Addition. Upon motion the documents were received and filed and Resolution No. 35-11 Adopting the Third Amended and Restated Declaration of Cove- nants, Conditions, Re- strictions, Reserva- tions, Easements, Liens and Charges with re- spect to Dubuque In- dustrial Center North First Addition was adopted. Signed Contracts: (A) 975 Central Parking Ramp Change Order #PS-02; (B) Water Pol- lution Control Plant Modifications - Miron Construction Co., Inc. Change Order No. 3; (C) JELD-WEN Chipper Agreement; (D) Water Pollution Control Plant Modifications - Strand Associates, Inc. - Engi- neering Services Agreement - Outfall Sewer Assessment; (E) Water Pollution Control Plant Modifications - Miron Construction Co., Inc. Change Order No. 4; (F) Water Pollu- tion Control Plant Mod- ifications - MWH Americas, Inc. Addi- tional Service Agree- ment II; (G) Water Pol- lution Control Plant Modifications - Strand Associates, Inc. - Con- struction Related Serv- ices Agreement; and (H) Water Pollution Control Plant Modifica- tions - EcoSmart Build- ing, PC - Additional Services for Utility Re- bate Verification. Upon motion the documents were received and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub - Plastic Center, Inc. - Development Agree- ment: Proof of publica- tion on notice of public hearing to consider en- tering into a Develop- ment Agreement with Plastic Cent the purpose y of redeveloping proper- ties located at 426 West 5th Street and 951, 955 and 957 Main Street and City Manag- er recommending ap- proval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 41-11 Approving a De- velopment Agreement with Plastic Center, Inc. for the property lo- cated at 426 West 5th Street and 951, 955 and 957 Main Street. Seconded by Jones. Motion carried 6-0. Southwest Arterial - North Cascade Road Bridge Construction Project: Proof of publi- cation on notice of public hearing to con- sider approval of the plans and specifica- tions, form of contract, estimated cost for the North Cascade Road Bridge Construction Project and award of the contract to Minnowa Construction, Inc., in the amount of $1,408,542.50 and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 42-11 Approval of plans, specifications, form of contract, and estimated cost for the North Cascade Road Bridge Project; and Resolution No. 43-11 Awarding public im- provement contract for the North Cascade Road Bridge Construc- tion Project. Seconded by Braig. Responding to questions from City Council, Assistant City Engineer Bob Schiesl provided additional in- formation about the qualifications and e p R A p s STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 16, 2011, and for which the charge is $386.19. J',A�uv 1Yu Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this Z 4 M day o O��J �� , 20 // . background o Minnowa Construction Inc. Motion carried 6-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Greater Dubuque De- velopment Corpora- tion: Rick Dickinson, Executive Director Greater Dubuque De- velopment Corpora- tion, to provide a ver- bal update. Motion by Lynch to receive and file the information. Seconded by Resnick. Mr. Dickinson intro- duced staff and descri- bed their duties and highlighted the work of GDDC, IBM, Dubuque workforce statistics, and national marketing efforts. Mr. Dickinson responded to questions from the City Council. Motion carried 6-0. Alamo / Historic Mill- work District Parking: City Manager recom- mending approval of the Assignment of Rights in Purchase Agreement from Ware- house Redevelopment, LLC to Rouse and Dean Foundry, LLC. Motion by Connors to receive and file the documents and adopt Resolution No. 44-11 Approving an Assignment of Rights in Purchase Agreement for property in the His- toric Millwork District, commonly referred to as the Alamo Site, to Rouse and Dean Foun- dry, LLC. Seconded by Braig. Motion carried 6-0. Historic Millwork Dis- trict Complete Streets Project: City Manager recommending award of the contract for the Historic Millwork Dis- trict Complete Streets Project to Portzen Con- struction in the amount of $5,575,005.92. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 45-11 Awarding public improvement contract for the Histor- ic Millwork District Complete Streets Proj- ect. Seconded by Lynch. Motion carried 6-0. Southwest Arterial Value Engineering Study: City Manager recommending appro- val of the recommen- dations of the prelimi- nary design Value En- gineering evaluation and support the pro- posed design modifica- ions being incorporat- d into the Final Design hase for the South- west Arterial project. Motion by Connors to receive and file the ocuments and adopt esolution No. 46-11 pproving and sup- orting the Value Engi- eering recommenda- ions for the final de- ian nhace of fha f Inc., to provide for a three year extension of the job creation period to January 1, 2014. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 47-11 Approving the First Amendment to the Malay Holdings, LLC. and Vanguard Countertops, Inc., De- velopment Agreement. Seconded by Connors. Motion carried 6-0. Teamsters Local Un- ion No. 120 - Collective Bargaining Agreement: City Manager recom- mending approval of the collective bargain- ing agreement be- tween the City of Du- buque and the Team- sters Local Union No. 120 for Fiscal Year 2012. Motion by Jones to receive and file the documents and adopt Resolution No. 48-11 Approving the agree- ment between the City of Dubuque, Iowa and the Teamsters Local Union No. 120 and au- thorizing the Mayor to sign the agreement. Seconded by Lynch. City Council thanked the Teamsters Union and City employees for their teamwork. Mo- tion carried 6-0. Dubuque Professional Firefighters Associa- tion, Local #353 - Col- lective Bargaining Agreement: City Man- ager recommending approval of the collec- tive bargaining agree- ment between the City of Dubuque and the Dubuque Professional Firefighters Associa- tion Local #353 for Fis- cal Year 2012. Motion by Jones to receive and file the documents and adopt Resolution No. 49-11 Approving the agreement between the City of Dubuque, Iowa, and the Dubuque Professional Fire- fighters Association Local #353 and author- izing the Mayor to sign the agreement. Seconded by Braig. Motion carried 6-0. K9 Acquisition: City Manager recommend- ing approval to pro- ceed with the adoption of a U.S. Army trained K9, purchase of equip- ment and training of a new handler. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Braig. Motion carried 6-0. Safe Community Task Force Recommenda- tion Implementation - Volunteer Center Coor- dinator: City Manager recommending appro- val of an Iowa Commis- sion on Volunteer Serv- ice AmeriCorps VISTA position grant applica- tion for a Volunteer Center Coordinator and a RActmr.rnnrisgym nF Notary Public in and for Dubuque County, Iowa. wEsTER E°,, f Commission Number 154:. of the Code of Ordinan- ces of the City of Dubu- que, Iowa, providing for two-hour parking by deleting James Street, east side, from Mazzuchelli Heights to West 3rd Street. Seconded by Braig. Motion carried 6-0. Disabled Parking Space Fine Increase: City Manager recom- mending approval of a disabled parking space fine increase from $100.00 to $200.00 to reflect State of Iowa changes. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion . carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 11-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 914 321.621 Parking Viola- tions; Fines by increas- ing the fine for disa- bled parking violations from $100.00 to $200.00. Seconded by Braig. Motion carried 6-0. Rental License Re- quirement Amend- ments: City Manager recommending appro- val of amendments to the rental licensing or- dinance. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Responding to questions from City Council, Van Milligen provided examples of possible exceptions and stated that he would only waive the requirement under ad- visement of the City Attorney and the Police Chief. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 12-11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sani- tation, and Environ- ment, Chapter 6 Hous- ing Regulations, Sec- tion 6-6-7 Licenses and Inspections adding a provision which allows the City Manager to waive the crime free multi -housing program requirement as a con- dition of a rental li- cense; and adds a pro- n , OM Dalsing provided infor- mation about city and state theft laws, cur- rent procedures and the information al- ready available to land- lords and tenants. Buol reported on his attendance at the re- cent U.S. Conference of Mayors and specifical- ly the Civility Accord presented by the May- or of Tucson, Arizona, which addresses good citizen -elected official relations. CLOSED SESSION Motion by Jones to go into closed session at 8:02 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Braig. Motion carried 6-0. Upon motion the City Council reconvened in open session at 8:44 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 8:45 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 2/16 mg: Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated that this was a special meeting of the City Council called for the purpose of discussing the Convention and Visitors Bureau Budget and Work Plan. Keith Rahe, Executive Director of the Dubu- que Convention and Visitors Bureau, intro- duced CVB staff mem- bers and presented a slide presentation on the Bureau's Fiscal Year 2012 budget in- cluding information re - cation to the Legisla- tive Information Office urging the Iowa Legis- lature to maintain both the Iowa Smart Plan- ning Bill and the I -JOBS II funding. Communication to area legislators ex- pressing opposition of the City of Dubuque to several aspects of Gov- ernor Branstad's budg- et. Upon motion the documents were re- ceived and filed.. Smart Planning Bit: Communication from the Long Range Plan- ning Advisory Commis- sion advising that the Commission supports the Iowa Smart Plan- ning Bill and related expenses and urging the City Council to sup- port it also. Upon mo- abandofleu ounaing and problem property charges in accordance with Title 6-6-3B1h; Ti- tle I6-6-4B3 and Title 6- 6B of the Code of Ordi- nances of the City of Dubuque, Iowa, was adopted. Grass and Weed Cut- ting Assessments: City Manager recommend- ing approval to certify grass and weed cutting charges, to the Dubu- que County Treasurer in order to establish re- al property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 33-11 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance ,u. V„ l,V„LFOI Plant Modifications - Miron Construction Co., Inc. Change Order No. 4; (F) Water Pollu- tion Control Plant Mod- ifications - MWH Americas, Inc. Addi- tional Service Agree- ment II; (G) Water Pol- lution Control Plant Modifications - Strand Associates, Inc. - Con- struction Related Serv- ices Agreement; and (H) Water Pollution Control Plant Modifica- tions - EcoSmart Build- ing, PC - Additional Services for Utility Re- bate Verification. Upon motion the documents were received and filed. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor li- cense renewals as sub- mitted. Upon motion the documents were received and filed and Resolution No. 36-11 Granting the issuance of a Class "C" Beer Permit to Oky Doky #8 and Hartig Drug #8; and Resolution No. 37- 11 Granting, the issu- ance of a Class "C" Beer/Liquor License to Tony's Place and Dubu- que Mining Company; a Special Class "C" Liq- uor License to Pusateri's; a Class "B" Wine Permit to Oky Doky #8 and Hartig Drug #8; and a Class "WBN" Native Wine Permit to Cedar Cross Amoco were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones to re- ceive and file the docu- ments, adopt the reso- lutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 6-0. Sale of Property at 346 East 19th Street: City Manager recom- mending that a public hearing be set for Feb- ruary 22, 2011 to con- sider approval of the sale of property at 346 East 19th Street. Upon motion the documents were received and filed and Resolution No. 38- 11 Resolution of intent to dispose of City - owned property, spe- cifically, North Y2 of Lot 97, except the West 57'6" thereof, in East Dubuque Addition in the City of Dubuque, Iowa according to the recorded plat thereof - 346 East 19th Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 22, 2011 in the His- toric Federal Building. Washington Neigh- borhood Conservation District Expansion: City Manager recommend- ing that a public hear- ing be set for February 22, 2011 to consider ap- proval of an amend- ment to expand the Washington Street Neighborhood Conser- vation District. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on Febru- ary 22, 2011 in the His- toric Federal Building. Engine House #1 MT, LLC Lease: City Manag- er recommending that a public hearing be set for February 22, 2011 to consider approval of a proposed 40-year lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for Engine House #1, which for- merly housed the Housing Department offices. Upon motion the documents were received and filed and Resolution No. 39-11 Resolution to set hear- ing on disposal of in- terest in real property to Engine House #1 MT, LLC, was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on February 22, 2011 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/ Commissions: Mechanical Board: One 3-year term through March 16, 2014 (Term of Hillard). Ap- plicant: Gary Hillard, 2826 Muscatine Street. Sister City Relation- ships Advisory Com- mission: One 3-year term through February 1, 2014 (Term of Mill- er). Applicants: Jill Connors, 720 Nevada Street, and Phyllis Lee, 520 S. Grandview Ave- nue. Ms. Connors and Ms. Lee spoke in sup- port of their respective appointment. Transit Advisory Board: One 3-year term through July 30, 2011 (Term of Croissant) Applicant: R.R.S. Stewart, 460 Summit Street. Ms. Stewart spoke In support of her appointment. Appointments to the following Boards/ Commissions: Com- munity Development Advisory Commission: One 3-year term through February 15, 2014 (Term of Michalski). Applicant: Ann Michalski, 1520 Al- tura Drive. Motion by Braig to appoint Ann Michalski to the Com- munity Development Advisory Commission for a 3-year term through February 15, 2014. Seconded by Resnick. Motion car- ried 6-0. PUBLIC HEARINGS Upon motion, the rules were suspended allowing anyone pres- ent to address the City Council. Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI): Proof of publica- tion on notice of public hearing to consider ap- proval of the disposi- tion of Dubuque Indus- trial Center West prop- erty to Faley Proper- ties, LLC and Faley En- terprises, Inc. for the purpose of construct- ing a 65,000 square foot office/distribution center and City Manag- er recommending ap- proval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 40-11 Approving a De- velopment Agreement providing for the sale of 8.369 acres in the Dubuque Industrial Center West to Faley Properties, LLC and Faley Enterprises, Inc. Seconded by Jones. Motion carried 6-0. Plastic Center, Inc. Development Agree ment: Proof of publica tion on notice of public hearing to consider en tering into a Develop ment Agreement with Plastic Center, Inc. for the purpose of redeveloping proper- ties located at 426 West 5th Street and 951, 955 and 957 Main Street and City Manag- er recommending ap- proval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 41-11 Approving a De- velopment Agreement with Plastic Center, Inc. for the property lo- cated at 426 West 5th Street and 951, 955 and 957 Main Street. Seconded by Jones. Motion carried 6-0. Southwest Arterial - North Cascade Road Bridge Construction Project: Proof of publi- cation on notice of public hearing to con- sider approval of the plans and specifica- tions, form of contract, estimated cost for the North Cascade Road Bridge Construction Project and award of the contract to Minnowa Construction, Inc., in the amount of $1,408,542.50 and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 42-11 Approval of plans, specifications, form of contract, and estimated cost for the North Cascade Road Bridge Project; and Resolution No. 43-11 Awarding public im- provement contract for the North Cascade Road Bridge Construc- tion Project. Seconded by Braig. Responding to questions from City Council, Assistant City Engineer Bob Schiesl provided additional in- formation about the qualifications and - background - Minnowa Construct Inc. Motion carried Upon motion the r - were reinstated li - ing discussion to City Council. ACTION ITEMS Greater Dubuque velopment Corp tion: Rick Dickins Executive Director Greater Dubuque velopment Corpo tion, to provide .a v bal update. Motion Lynch to receive file the informati Seconded by Resni Mr. Dickinson int duced staff and des bed their duties a highlighted the work GDDC, IBM, Dubuq workforce statisti and national market efforts. Mr. Dickins responded to questio from the City Coun Motion carried 6-0. Alamo / Historic M work District Parkin City Manager reco mending approval the Assignment Rights in Purcha Agreement from War house Redevelopme LLC to Rouse and De Foundry, LLC. Moti by Connors to recei and file the documen and adopt Resolutio No. 44-11 Approving a Assignment of Righ in Purchase Agreeme for property in the Hi toric Millwork District commonly referred t as the Alamo Site, t Rouse and Dean Fou dry, LLC. Seconded b Braig. Motion carrie 6-0. Historic Millwork Dis trict Complete Street Project: City Manage recommending awar of the contract for th Historic Millwork Dis trict Complete Street Project to Portzen Con struction in the amoun of $5,575,005.92. Mo tion by Jones to receiv and file the document and adopt Resolutio No. 45-11 Awardin public improvemen contract for the Histor is Millwork Distric Complete Streets Proj ect. Seconded by Lynch. Motion carried 6-0. Southwest Arteria Value Engineering Study: City Manager recommending appro- val of the recommen- dations of the prelimi- nary design Value En- gineering evaluation and support the pro- posed design modifica- tions being incorporat- ed into the Final Design phase for the South- west Arterial project. Motion by Connors to receive and file the documents and adopt Resolution No. 46-11 Approving and sup- porting the Value Engi- n ti si S S sp fr si B fu an M R Bi Pr re va Re to tra de me ing ag the Co M rec do pro dat Bra 6-0. F Dev me Hol Van Inc. om of men men twe buq ings gua o eenng recommenda- ons for the final de- gn phase of the outhwest Arterial. econded by Braig. Re- onding to questions om City Council, As- stant City Engineer ob Schiesl addressed nding information d safety concerns. otion carried 6-0. equest for Proposals- osolids Management ogram: City Manager commending appro- I of the issuance of a quest for Proposals seek qualified con- ctors interested in veloping, imple- nting, and maintain - a biosolids man- ement program for Water Pollution ntrol Plant (WPCP). tion by Connors to eive and file the cuments and ap- ve the recommen- ion. Seconded by ig. Motion carried irst Amendment to elopment Agree- nt with Maylay dings, LLC, and guard Countertops, : City Manager rec- mending approval the First Amend- t to the Develop- t Agreement be- en the City of Du- ue and Malay Hold- , LLC, and Van- rd Countertops, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this4 day of-, , 20 // . of Inc., to provide for ion, three year extension 6-0. the job creation perio ules to January 1, 2014. Mo mit- tion by Jones to receiv the and file the document and adopt Resolutio No. 47-11 Approvin De- the First Amendmen ora- to the Malay Holdings on, LLC-. and Vanguar - Countertops, Inc., De De- velopment Agreement ra- Seconded by Connors er- Motion carried 6-0. by Teamsters Local Un and ion No. 120 - Coliectiv on. Bargaining Agreement ck. City Manager recom ro- mending approval o cri- the collective bargain nd ing agreement be of tween the City of Du- ue buque and the Team- cs, sters Local Union No. ng 120 for Fiscal Year on 2012. Motion by Jones ns to receive and file the cil. documents and adopt Resolution No. 48-11 ill- Approving the agree- g: ment between the City m- of Dubuque, Iowa and of the Teamsters Local of Union No. 120 and au - se thorizing the Mayor to e- sign the agreement. nt, Seconded by Lynch. an City Council thanked on the Teamsters Union ve and City employees for ts their teamwork. Mo- n tion carried 6-0. n Dubuque Professional ts Firefighters Associa- nt tion, Local #353 - Col- s- lective Bargaining Agreement: City Man- o ager recommending o approval of the collec- n- tive bargaining agree- y ment between the City d of Dubuque and the Dubuque Professional Firefighters Associa- s tion Local #353 for Fis- r cal Year 2012. Motion d by Jones to receive and e file the documents and - adopt Resolution No. s 49-11 Approving the - agreement between t the City of Dubuque, - Iowa, and the Dubuque e Professional Fire- s fighters Association n Local #353 and author- g izing the Mayor to sign t the agreement. - Seconded by Braig. t Motion carried 6-0. K9 Acquisition: City Manager recommend- ing approval to pro- ceed with the adoption I of a U.S. Army trained K9, purchase of equip- ment and training of a new handler. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Braig. Motion carried 6-0. Safe Community Task Force Recommenda- tion Implementation - Volunteer Center Coor- dinator: City Manager recommending appro- val of an Iowa Commis- sion on Volunteer Serv- ice AmeriCorps VISTA position grant applica- tion for a Volunteer Center Coordinator and a Memorandum of Agreement for the po- sition. Motion by Con- nors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Responding to questions from City Council, Leisure Serv- ices Manager Marie Ware stated that the coordinator would be located at the Leisure Services Office. Motion carried 6-0. 5 James Street - Re- 1 .quest for Removal of fi Two -Hour Parking: City a Manager recommend- S ing approval of the re- M moval of two-hour parking on the east at side of James Street to from Mazzuchelli gr Heights to West 3rd su Street. Motion by Con- Y nors to receive and file B the documents and C that the requirement Pr that a proposed ordi- Co nance be considered fil and voted on for pas- Se sage at two Council M meetings prior to the C meeting at which it is to be passed be sus- J pended. Seconded by wo Braig. Motion carried plo 6-0. ce Motion by Connors for na final consideration and for passage of Ordinance ty No. 10-11 Amending Cit Section 9-14-321.602(c) an Ccmm a of the Cof ode Ordina of ces of the City of Dub d que, Iowa, providin - for two-hour parkin e by deleting Jame s Street, east side, fro n Mazzuchelli Heights t g West 3rd Stree Seconded by Braig. Motion carried 6-0. d Disabled Parking Space Fine Increase: City Manager recom- . mending approval of a disabled parking space fine increase from e $100.00 to $200.00 to reflect State of Iowa changes. Motion by f Jones to receive and file the documents and - that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 11-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 914 321.621 Parking Viola- tions; Fines by increas- ing the fine for disa- bled parking violations from $100.00 to $200.00. Seconded' by Braig. Motion carried 6-0. Rental License Re- quirement Amend- ments: City Manager recommending appro- val of amendments to the rental licensing or- dinance. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Responding to questions from City Council, Van Milligen provided examples of possible exceptions and stated that he would only waive the requirement under ad- visement of the City Attorney and the Police Chief. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 12-11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sani- tation, and Environ- ment, Chapter 6 Hous- ing Regulations, Sec- tion 6-6-7 Licenses and Inspections adding a provision which allows the City Manager to waive the crime free multi -housing program requirement as a con- dition of a rental li- cense; and adds a pro- vision which allows the City Manager to waive the criminal back- ground check require- ment as a condition of a rental license. Seconded by Braig. Motion carried 6-0. Work Session - Sus- tainable Dubuque: City Manager requesting that a work session re- garding Sustainable Dubuque be scheduled or March 7, 2011 at :00 p.m. Motion by ones to receive and le the document and pprove the request. econded by Lynch. otion carried 6-0. Fiscal Year 2012 Oper- ing Budget 'and Capi- I Improvement Pro - am: City Manager bmitting the Fiscal ear 2012 Operating udget and Five Year apital Improvement ogram. Motion by nnors to receive and e documents. conded by Jones. otion carried 6-0. OUNCIL MEMBER REPORTS ones stated that he uld like staff to ex - re expanding the re- ntly passed ordi- nce affecting land- ds to include proper - theft by tenants. y Attorney Lindahl d Police Chief Mark Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYi fission Number 154i r-cm 4 n- Dalsing provided infor- u- mation about city and g state theft laws, cur- g rent procedures and s the information al- m ready available to land- o lords and tenants. et. Buol reported on his attendance at the re- cent U.S. Conference of Mayors and specifical- ly the Civility Accord presented by the May- or of Tucson, Arizona, which addresses good citizen -elected official relations. CLOSED SESSION Motion by Jones to go into closed session at 8:02 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Io- wa. Seconded by Braig. Motion carried 6-0. Upon motion the City Council reconvened in open session at 8:44 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 8:45 p.m. /s/Jeanne F. Schneider, CMC, City Clerk 1t 2/16