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2 22 11 City Council Proceedings_Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 22, 2011 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Carolyn Farrell, BVM. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 6-0. Minutes and Reports Submitted: City Conference Board of 3/1/10 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing Commission of 1/25; Human Rights Commission of 1/10; Library Board of 12/15; Mechanical Board of 2/10; Zoning Advisory Commission of 2/2; Zoning Board of Adjustment of 1/27. Upon motion the documents were received and filed. Notice of Claims/Suits: Glen Koelker for vehicle damage; Joanne McKay for vehicle damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P. Kelly for vehicle damage; Angela Steur for property damage. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Glen Koelker for vehicle damage; Joanne McKay for vehicle damage; Clay Gronen for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trantham for vehicle damage; Rich Haigh for vehicle damage; John P. Kelly for vehicle damage; Angela Steur for property damage. Upon motion the documents were received, filed and concurred. Southwest Arterial Consultant Supplemental Agreement – Final Design: City Manager recommending approval of Supplemental Agreement No. 7 with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial Project subject to the concurrence of the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 50-11 Approving the Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for the final engineering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 50-11 APPROVING THE CONSULTANT PROFESSIONAL SERVICES – SUPPLEMENTAL AGREEMENT NO. 7 BETWEEN AECOM TECHNICAL SERVICES, INC., AND THE CITY OF DUBUQUE FOR THE FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and Whereas, as a result of ongoing design reviews, recent geotechnical findings and recommendations outlined in the Value Engineering study, several modifications to the previous preliminary plans were developed; and Whereas, as a result of the proposed design and plan modifications, the Consultant Professional Services - Supplemental Agreement authorizes AECOM to provide the revised scope of services to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc., and the City of Dubuque for the final engineering design phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement with AECOM Technical Services, Inc., for the final engineering design phase of the Southwest Arterial project. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Southwest Arterial Consultant Supplemental Agreement – North Cascade Road Bridge Construction Project: City Manager recommending approval of Supplemental Agreement No. 8 with AECOM Technical Services, Inc. to provide construction engineering services for the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial Project) subject to the concurrence of the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 51-11 Approving the Consultant Professional Services - Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for construction engineering services for the North Cascade Road Bridge Construction Project (Phase 1 of the Southwest Arterial Project) was adopted. RESOLUTION NO. 51-11 APPROVING THE CONSULTANT PROFESSIONAL SERVICES – SUPPLEMENTAL AGREEMENT [NO. 8] BETWEEN AECOM TECHNICAL SERVICES, INC., AND THE CITY OF DUBUQUE FOR CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH CASCADE ROAD BRIDGE CONSTRUCTION PROJECT (PHASE 1 OF THE SOUTHWEST ARTERIAL PROJECT) Whereas, the City of Dubuque is proceeding with the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial Project); and Whereas, AECOM Technical Services, Inc., will provide construction engineering services for the North Cascade Road Bridge Construction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement - 2 Southwest Arterial, from Seippel Road to Olde Davenport Road between AECOM Technical Services, Inc., and the City of Dubuque is hereby approved for the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial), subject to the concurrence of the Iowa Department of Transportation. Section 2. That the Mayor be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement - Southwest Arterial, from Seippel Road to Olde Davenport Road, subject to the concurrence of the Iowa Department of Transportation, for the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial). nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Smart Planning Consortium: City Manager recommending approval to submit a request for technical assistance from the Environmental Protection Agency by the Dubuque Smart Planning Consortium. Upon motion the documents were received, filed, and approved. Smart Planning Grant Agreement: City Manager recommending approval of an agreement with the Iowa Department of Economic Development (IDED) for a Smart Planning Grant with Dubuque County, the City of Dubuque, and six small cities (Asbury, Cascade, Dyersville, Epworth, Farley and Peosta) to cover up to 50% of the cost for a new or updated comprehensive plan for each participant. Upon motion the documents were received, filed, and approved. Certified Local Government (CLG) Annual Report: City Manager transmitting the 2010 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. 2010 National Park Service (NPS) Annual Products Report: City Manager transmitting the 2010 National Park Service (NPS) Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. 2010 Urban Revitalization Program Applications: City Manager recommending approval of 2010 Urban Revitalization Program applications for residential property tax exemptions. Upon motion the documents were received and filed and Resolution No. 52-11 Approving property tax abatement applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Tax Assessor was adopted. RESOLUTION NO. 52-11 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the 3 requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban th Revitalization Areas were established: Washington Neighborhood, Jackson Park, West 11 th Street, Cathedral and West 11 Street; and Whereas, the City of Dubuque, as of February 1, 2011, received tax abatement applications from the following property owners in the aforementioned urban revitalization districts: Washington Neighborhood Urban Revitalization Area 1241 Jackson – Richard and Annette Miller 1276 Jackson – Betty Mullady 1355 Washington – Dennis & Marlene McCarthy 1429 Elm – Thomas R. Roling 1433 Washington – Richard Nienke th 145 East 17 Street – Deb Runde 1515 Elm – Joshua C. Shepherd 1523 Elm – Ruth A Jurisic 1567 Elm – Scotty Birch & Lynn Besser 1576 Washington – Elizabeth Soule 1578 Washington – Jay Streinz 1580 Jackson – Larry & Mary Jo Gearheart 1628 Washington – Pat & Louise Urbain 1669 Washington – Glen Bradley 1681 Elm – Karen K. Schaffer & Bobby D. Cratton 1896 Washington – Kevin & Becky Lightfoot 1925 Washington – Robert F. Mootz 2015 Washington – Julie Woodyard 2057 Washington – Edwin & Darlene Keehn 2105 Washington – Jeffrey John Kieffer th 351 East 15 Street – Michelle Clemens th West 11 Street Urban Revitalization Area. 1125 Highland Place – Bradley-McDonald Trust 1531 Cornell – Mary & Marvin Ritt th 474 West 16 Street – Sandra Smith th 481 West 15 Street – Professional Properties LLC th 510 West 11 Street – Gina Kramer & Juan C. Nieto 571 Jefferson – Leo Broughton Jackson Park Urban Revitalization Area 306 West Locust - Timothy & Ruth Toomey Cathedral Urban Revitalization Area 205 Bluff – B&C Cathedral Development LLC 392 Bluff - RMF Associates LLC 394 Bluff – RMF Associated LLC; and Whereas, the City of Dubuque, as of February 1, 2011, received a tax exemption application from a property owner in the aforementioned urban revitalization district for improvement made in previous years: Washington Neighborhood Urban Revitalization Area 2073 Jackson – Thomas Richard: Improvements in 2007; and Whereas, the Housing and Community Development Department and Building Services Department have reviewed the above-described applications and inspected the properties, and 4 have determined that the applications and the improvements conform to all requirements of the City of Dubuque’s Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the above-described tax abatement applications meet the requirements of the City of Dubuque’s Urban Revitalization Plans. Section 2.That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3.That the City Clerk is hereby authorized and directed to forward the above- described tax abatement applications to the City Assessor. nd Passed, approved and adopted this 22 day of February 2011. Roy M. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Request for Proposals – Annual Auditing Services: City Manager recommending approval of the issuance of a Request for Proposals for the City’s annual audit. Upon motion the documents were received, filed, and approved. Downtown Rehabilitation Loan – 1132-1136 Locust Street: City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan of $300,000, a $10,000 façade grant, a $10,000 design grant and a $15,000 financial consultant grant for Judy Davison to support rehabilitation of properties located at 1132-1136 Locust Street. Upon motion the documents were received and filed and Resolution No. 53-11 Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan, Façade Grant, Design Grant and Financial Consultant Grant to Judy Davison was adopted. RESOLUTION NO. 53-11 AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN, FAÇADE GRANT, DESIGN GRANT AND FINANCIAL CONSULTANT GRANT TO JUDY DAVISON Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant Program for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa, is encouraging the use of this loan/grant program to finance code compliance activities and to spur job creation activities; and Whereas, the loan application from Judy Davison meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of Judy Davison’s participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Judy Davison for participation in the Downtown Rehabilitation Loan and Grant Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Judy Davison for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan 5 documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Community Development Block Grant (CDBG) Administration: City Manager recommending approval of a proposal from East Central Intergovernmental Association in the amount of $7,500 to administer the Community Development Block Grant for the Caradco Building, LLLP, project. Upon motion the documents were received and filed and Resolution No. 54-11 Approving the contract for 2010 CDBG Grant Administration to East Central Intergovernmental Association was adopted. RESOLUTION NO. 54-11 APPROVING THE CONTRACT FOR 2010 CDBG GRANT ADMINISTRATION TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION Whereas, the City of Dubuque, Iowa, is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good standing; and Whereas, the City of Dubuque, Iowa, wishes to engage the ECIA to provide certain technical and professional services for grant administration of the City of Dubuque’s 2010 Iowa Department of Economic Development Community Development Block Grant (Contract #08- DRH-212) Program; and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform services under consideration. NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental Association is hereby authorized to provide staff assistance as prescribed in the attached Contract for Services and Scope of Services. nd Passed, approved, and adopted this 22 day of February, 2011. Roy Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk City Development Board: Communication from Marie Steenlage, City Development Board Administrator, advising that the voluntary annexation request of the Dubuque Metropolitan Area Solid Waste Agency will be heard by the Board on March 9, 2011. Notice of meeting to consider the City of Dubuque’s voluntary annexation within the urbanized area of the cities of Peosta and Centralia. Upon motion the documents were received and filed. Knight Soul of the Community 2010: Copy of the Knight Soul of the Community 2010 Report. Upon motion the document was received and filed. American Council of Engineering Companies (ACEC): Communication from the American Council of Engineering Companies (ACEC) advising that the City’s East / West Corridor Connectivity Study has earned a National Recognition Award in the American Council of 6 Engineering Companies 2011 Engineering Excellence Awards competition. Upon motion the document was received and filed. Iowa League of Cities: Communication from the Iowa League of Cities advising that Council Member Joyce Connors’ name has been submitted for appointment to the National League of Cities Human Development Committee. Upon motion the document was received and filed. Citizen Communication: Communication from Loras Pape regarding taxes. Upon motion the document was received and filed. U.S. Department of Housing and Urban Development (HUD): City Manager recommending approval of the execution of grant agreements with the U.S. Department of Housing and Urban Development for the Lead Hazard Control and Healthy Homes Product grants. Upon motion the documents were received and filed and Resolution No. 55-11 Authorizing execution of a Lead Hazard Control Grant Agreement and Healthy Homes Production Grant Agreement with the U.S. Department of Housing and Urban Development was adopted. RESOLUTION NO. 55-11 AUTHORIZING EXECUTION OF A LEAD HAZARD CONTROL GRANT AGREEMENT AND HEALTHY HOMES PRODUCTION GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the U.S. Department of Housing and Urban Development has approved funds in the amount of $3,099,948 for the Lead Hazard Control Program for a thirty-six month performance period commencing April 1, 2010 and ending March 31, 2011; and Whereas, a grant agreement covering the activities proposed to be carried out with the Lead Hazard Control Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development; and Whereas, the U.S. Department of Housing and Urban Development has approved funds in the amount of $999,973 for the Healthy Homes Production Program for a thirty six month performance period commencing April 1, 2010 and ending March 31, 2011; and Whereas, a grant agreement covering the activities proposed to be carried out with the Healthy Homes Production Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning April 1, 2011 for a Lead Hazard Control Grant to the City of Dubuque in the amount of $3,099,948 and identified as Grant Number IALHB0466- 10 is hereby accepted. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning April 1, 2011 for a Healthy Homes Production Grant to the City of Dubuque in the amount of $999,973 and identified as Grant Number IALHH0217-10 is hereby accepted. Section 2.That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreements on behalf of the City of Dubuque, Iowa. nd Passed, approved and adopted this 22 day of February 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 7 Handan City: Communication from Lv Jinlong, Vice Secretary General of Handan City Government, expressing great sorrow on the death of Council Member Dirk Voetberg. Upon motion the document was received and filed. Signed Contracts: A. Change orders for Fire Station Expansion and 975 Central Avenue Ramp Construction Project; B. Five Flags Concert Lighting Bid Award Request; and C. Water Pollution Control Plant Update Project – Change Order #5. Upon motion the documents were received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 56-11 Granting the issuance of a Class “C” Beer/Liquor License to Hammerheads Bar and Billiards, Players Sports Bar, Northside Bar, Gin Rickey’s, Town Clock Inn, Bootleggers Pub, and The Clubhouse was adopted. RESOLUTION NO. 56-11 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Hammerhead’s, Inc. Hammerhead’s Bar & Billiards 2095 Kerper Blvd. +(Sunday Sale) L & L Investment, Co. Player’s Sports Bar +(Sunday Sale) 1902 Central Ave. Northside Bar, Inc. Northside Bar +(Sunday/Outdoor Sale) 2776 Jackson St. HE-FR, Ltd. Gin Rickey’s +(Sunday Sale) 1447 Central Ave. Town Clock Inn, Inc. Town Clock Inn 799 Town Clock Bootleggers Pub, Inc. Bootlegger’s Pub +(Outdoor Sale) 1689 Elm St. Melvin Spiegelhalter The Clubhouse 2364 Washington St. Passed, approved and adopted this 22nd day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Sanitary Sewer Easement – Faley Properties, LLC: City Manager recommending that a public hearing be set for March 7, 2011 to consider a request from Faley Properties, LLC d/b/a IWI Motor Parts to obtain an easement for a sanitary sewer lateral that will serve their development of Lot 2 of Dubuque Industrial Center North First Addition. Upon motion the documents were received and filed and Resolution No. 57-11 Intent to dispose of a sanitary 8 sewer easement in the City of Dubuque and fixing the date for a public hearing on the proposed disposal of a sanitary sewer easement in the Dubuque Industrial Center North First Addition to Faley Properties, LLC and Faley Enterprises, Inc. and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2011 in the Historic Federal Building. RESOLUTION NO. 57-11 INTENT TO DISPOSE OF A SANITARY SEWER EASEMENT IN CITY OF DUBUQUE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE PROPOSED DISPOSAL OF A SANITARY SEWER EASEMENT IN THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO FALEY PROPERTIES, LLC, AND FALEY ENTERPRISES, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City), is the owner of Lot C of the Dubuque Industrial Center North First Addition (the Property); and Whereas, City and Faley Properties, LLC and Faley Enterprise, Inc, have entered into a Development Agreement, on February 7, 2011 a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Sanitary Sewer Easement to Faley Properties, LLC, and Faley Enterprises, Inc.; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property to Faley Properties, LLC and Faley Enterprises, Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the th City's intent to dispose of the foregoing-described Property, to be held on the 7 day of March, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 9 Fire Hydrant Painting Project: City Manager recommending initiation of the bidding process for Phase I of the Fire Hydrant Painting Program and that a public hearing be set for March 7, 2011. Upon motion the documents were received and filed and Resolution No. 58-11 Preliminary approval of the plans and specifications, form of contract, and estimated cost; setting date of public hearing on the plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2011 in the Historic Federal Building. RESOLUTION NO. 58-11 FIRE HYDRANT PAINTING PROJECT PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed specifications, form of contract and estimated cost for the power washing, priming and repainting of approximately 700 public fire hydrants in the estimated amount of $90,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 7 day of March, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed specifications, form of contract, or estimated cost of the Project. The Fire Hydrant Painting Project is hereby ordered to be advertised for bids. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but th not more than forty-five days before the date for filing bids before 10:00 a.m. on the 24 day of March. Bids shall be opened and read by the City Clerk at 10:00 a.m. and will be submitted to th the City Council for final action at the public hearing at 6:30 p.m. on the 4 day of April, in the th Historic Federal Building Council Chambers (Second Floor), 350 West 6 Street, Dubuque, Iowa. nd Passed, adopted and approved this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2012 Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for March 10, 2011 to consider approval of the Fiscal Year 2012 Budget and Fiscal Year 2012 – 2016 Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 59-11 Setting the date for the public hearing on the Fiscal Year 2012 Budget for the City of Dubuque; and Resolution No. 60-11 Setting the date for the public hearing on the Five Year Capital Improvement Program for 10 Fiscal Years 2012 through 2016 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 10, 2011 in the Historic Federal Building. RESOLUTION NO. 59-11 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2012 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2012 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2011 budget for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March 10, 2011, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 60-11 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2012 THROUGH 2016 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2012 through 2016 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2012 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2012 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2012 through 2016 in the City Council Chambers at the th Historic Federal Building, 350 West 6 Street, Dubuque, Iowa, on Thursday, March 10, 2011, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center Economic Development District: City Manager recommending that a public hearing be set for March 7, 2011 to consider an amendment to the Dubuque Industrial Center Economic Development District. Upon motion the documents were received and filed and Resolution No. 61-11 Resolution of Necessity finding that certain areas adjacent to the Dubuque Industrial Center Economic Development District meet the definition of an 11 Economic Development Area under the Urban Renewal Law, and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, and to rescind Resolution No. 20-11 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2011 in the Historic Federal Building. RESOLUTION NO. 61-11 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND TO RESCIND RESOLUTION 20-11 Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 109-08 adopted on April 7, 2008, approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and Whereas, Resolution 20-11 was approved on January 18, 2011 and incorrectly provided a legal description for the area to be included in the district. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution 20-11 is hereby rescinded. Section 2. That the following described area, which is proposed to be added to the Dubuque Industrial Center Economic Development District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque County, Iowa, and; all of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights-of-way. Section 3. That the development of the above-described expansion area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 4. That the City Manager is authorized and directed to prepare an amendment to the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District for the purpose of including the above-described area in the District, to forward said amendment to the City's Long Range Planning Commission for review and comment, and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the 12 adoption of the proposed amendment to the Amended and Restated Urban Renewal Plan for th the Dubuque Industrial Center Economic Development District to be held on March 7, 2011 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said notice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public on February 25, 2011. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing and the proposed amendment to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission: One 3-year term through February 15, 2014 (Term of Shaw). Applicant: David Shaw, 2765 Broadway Street. Appointments to the following Boards/Commissions: Mechanical Board: Two 3-year terms through March 16, 2014 (Term of Hillard and Giese) Applicants: Gary Hillard, 2826 Muscatine Street; and Tom Giese, 395 Villa Street. Motion by Braig to receive and file the documents and appoint Gary Hillard and Tom Giese to the Mechanical Board for 3-year terms through March 16, 2014. Seconded by Connors. Motion carried 6-0. Sister City Relationships Advisory Commission: One 3-year term through February 1, 2014 (Term of Miller). Applicants: Jill Connors, 720 Nevada Street; and Phyllis Lee, 520 S. Grandview Avenue. Upon roll call vote, Jill Connors was appointed to the Sister City Relationships Advisory Commission for a 3-year term through February 1, 2014. Transit Advisory Board: One 3-year term through July 30, 2011 (Term of Croissant). Applicant: R.R.S. Stewart, 460 Summit Street. Motion by Connors to receive and file the documents and appoint R.R.S. Stewart to the Transit Advisory Board for a 3-year term through July 30, 2011. Seconded by Lynch. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. th Sale of Property at 346 East 19 Street: Proof of publication on notice of public hearing to th consider approval of the sale of property at 346 East 19 Street to Kevin L. and Becky M. Lightfoot and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 62-11 Approving the sale of real estate located at 346 th East 19 Street in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 6-0. 13 RESOLUTION NO. 62-11 TH APPROVING THE SALE OF REAL ESTATE LOCATED AT 346 E. 19 STREET IN THE CITY OF DUBUQUE th Whereas, the City acquired the property at 346 E. 19 Street for the purpose of its redevelopment for owner-occupied housing; and Whereas, such purpose supports the Washington Neighborhood revitalization strategy as approved by the City Council. 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 sale of the following legally described property: North ½ of Lot 97, except the West 57’6” thereof, in East Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof at the cost of One dollar ($1.00). Section 2. That the City be and is hereby authorized to provide a Special Warranty Deed to the buyer, conveying the City’s interest to Kevin L. and Becky M. Lightfoot for the herein described real estate. Section 3.That the City Clerk be and she is hereby authorized and directed to cause said Special Warranty 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 she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Request to Rezone – Bedrock Development, LLC / McFadden Family Partnership: Proof of publication on notice of public hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership to rezone property located on the south side of Pennsylvania Avenue, east of Heacock Road, from R-3 Moderate Density Multi-Family Residential District to AG Agricultural District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 13-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located on the south side of Pennsylvania Avenue, east of Heacock Road, from R-3 Moderate Density Multi-Family Residential District to AG Agricultural District. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF PENNSYLVANIA AVENUE, EAST OF HEACOCK ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL TO AG AGRICULTURAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 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 R-3 Moderate Density Multi-Family Residential District to AG Agricultural District, to wit: Lot 1 of 1 NW ¼ NW ¼ Section 29 T89N R2E except the easterly 224 feet and the SW ¼ NW ¼ Section 29 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. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 22 day of February, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Request to Rezone – 39 Bluff Street – Gary Carner, Franklin Investment LLC: Proof of publication on notice of public hearing to consider a request from Gary Carner, Franklin Investment LLC, to rezone property located at 39 Bluff Street from R-3 Moderate Density Multi- Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 14-11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 39 Bluff Street from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 14-11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 39 BLUFF STREET FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT 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 R-3 Moderate Density Multi-Family Residential District to OR Office Residential District, to wit: Lot 1 of 2 of 1 City Lot 600, Lot 2-2 City Lot 600, Lot 3, 4, 5 and 6 City Lot 600, City Lot 597A, City Lot 597, City Lot 596, Lot 2 of 2 City Lot 595, Lot 2 of 1 City Lot 595 and Lot 2-1-2 City Lot 600, 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. 15 Section 3. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 22 day of February, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Washington Neighborhood Conservation District Expansion: Proof of publication on notice of public hearing to consider approval of an amendment to expand the Washington Street Neighborhood Conservation District and Historic Preservation Commission recommending approval. City Manager recommending that the boundaries of the proposed Washington Street Neighborhood Conservation District be modified. Communication from Heartland Financial requesting that the property owned by Dubuque Bank and Trust Company on White Street be exempted from the Washington Street Conservation District. 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 and Housing and Community Development Director David Harris provided a slide presentation that reviewed the neighborhood’s revitalization and demolition area. Carstens further explained the conservation district’s economic and social value and the effect of the designation. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 15-11, including the recommended modifications by the City Manager, Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-11-A-4 pertaining to expansion of the Washington Street Neighborhood Conservation District. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-11 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 10-11-A-4 PERTAINING TO EXPANSION OF THE WASHINGTON STREET NEIGHBORHOOD CONSERVATION DISTRICT Whereas, the City of Dubuque established conservation districts to allow for the City’s review of demolition permits that might impact buildings of historic or architectural significance; and 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Article 10-11-A-4 is hereby amended as follows: 10-11-A-4 Washington Street Neighborhood Conservation District nd Beginning at the intersection of E 22 Street and Kniest Street, thence southeasterly along Kniest Street to its intersection with Garfield Avenue, thence southwesterly along 16 Garfield Avenue to its intersection with the City alley located between Elm Street and th Kniest Street, thence southeasterly along the City alley to its intersection with E. 18 Street, thence southwesterly along E. 18th Street to its intersection with the City alley located between the Iowa Chicago and Eastern Railroad right-of-way and Elm Street, th thence southeasterly along the City alley to its intersection with E. 17 Street, thence th northeasterly along E. 17 Street to its intersection with the Iowa Chicago and Eastern Railroad right-of-way, thence southeasterly along the Iowa Chicago and Eastern th Railroad right-of-way to its intersection with E. 16 Street, thence southwesterly along th E. 16 Street to its intersection with Elm Street, thence southeasterly along Elm Street thth to its intersection with E. 15 Street, thence northeasterly along E. 15 Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its thth intersection with E. 14 Street, thence southwesterly along E. 14 Street to its intersection with the City alley located between Elm Street and Pine Street, thence southeasterly along the City alley located between Elm Street and Pine Street to its th intersection with E. 12 Street, thence southwesterly along E. 12 Street to its intersection with Elm Street, thence southeasterly along Elm Street to its intersection thth with E. 11 Street, thence southwesterly along E. 11 Street to its intersection with W. th 11th Street, thence southwesterly along W. 11 Street to its intersection with the City alley located between Central Avenue and Iowa Street; thence northwesterly along the City alley to its intersection with the City Hall access driveway, thence southwesterly along the City Hall access driveway to its intersection with Iowa Street, thence northwesterly along Iowa Street to its intersection with Loras Boulevard; thence northeasterly along Loras Boulevard to its intersection with the City alley located between Iowa Street and Central Avenue, thence northwesterly along the City alley to thth its intersection with W. 17 Street, thence northeasterly along W. 17 Street to its intersection with Heeb Street; thence northwesterly along Heeb Street to its intersection with the northern boundary of Parcel #10-24-252-018; thence northeasterly along the northern boundary of Parcel #10-24-252-018 to its intersection with the west boundary of Parcel #10-24-252-017; thence northwesterly along the west boundary of Parcel #10- 24-252-017 to its intersection with the south boundary of Parcel #10-24-252-015, thence northeasterly along the south boundary of Parcel #10-24-252-015 to its intersection with the west boundary of Parcel #10-24-252-013, thence northwesterly along the west boundary of Parcel #10-24-252-013 to its intersection with Heeb Street, thence northwesterly along Heeb Street to its intersection with Kaufmann Avenue, thence nd northeasterly along Kaufmann Avenue to its intersection with 22 Street thence ndnd northeasterly along 22 Street to its point of origin at the intersection of E. 22 Street th and Kniest Street excluding the area beginning at the intersection of E 14 Street and Jackson Street, thence southeasterly along Jackson Street to its intersection with E. thth 13 Street, thence southwesterly along E. 13 Street to its intersection with White th Street, thence northwesterly along White Street to its intersection with E. 14 Street, th thence northeasterly along E. 14 Street to its point of origin at the intersection of E. th 14 Street and Jackson Street . Section 2. This ordinance shall not apply to an application for a demolition permit for properties being acquired and demolished for the Bee Branch Creek Restoration Project. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. nd Passed, approved and adopted this 22 day of February, 2011. /s/Roy D. Buol, Mayor 17 Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Engine House #1 MT, LLC Lease: Proof of publication on notice of public hearing to consider 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. City Manager recommending that the City Council rescind the Public Hearing to enact a lease between the City of Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for the former Housing and Community Development Department offices. Motion by Connors to receive and file the documents and adopt Resolution No. 63-11 Rescinding Resolution No. 39-11 to hold a public hearing regarding a lease with Engine House #1 MT, LLC. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 63-11 RESCINDING RESOLUTION NO. 39-11 TO HOLD A PUBLIC HEARING REGARDING A LEASE WITH ENGINE HOUSE #1 MT, LLC Whereas, the Dubuque City Council approved Resolution No. 39-11 which called for a public hearing on a lease with Engine House #1 MT, LLC; and Whereas, additional changes are needed to the lease which will require a separate public hearing; and Whereas, the previous resolution must be rescinded to cancel the public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this resolution is approved to rescind Resolution No. 39-11 to cancel the public hearing on a lease with Engine House #1 MT, LLC. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, this resolution. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk ACTION ITEMS Every Child / Every Promise: City Manager recommending approval of the $25,000 request from Every Child / Every Promise to disperse already budgeted funds to help implement the First Years First Initiative, the child care mapping and information system, and the Leader in Me Program. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. International Union of Operating Engineers – Collective Bargaining Agreement: City Manager recommending approval of the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers for Fiscal Years 2012, 2013 and 2014. Motion by Jones to receive and file the documents and adopt Resolution No. 64-11 Approving the agreement between the City of Dubuque, Iowa and the International Union of Operating Engineers and authorizing the Mayor to sign the agreement. Seconded by Braig. Motion carried 6-0. 18 RESOLUTION NO. 64-11 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #234, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #234, is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #234, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Wage Plan and Compensation Package for Non-Bargaining Unit Employees: City Manager recommending approval of the Wage Plan and Compensation Package for non-bargaining unit employees for Fiscal Years 2012, 2013 and 2014. Motion by Connors to receive and file the documents and adopt Resolution No. 65-11 Approving Wage Plan and Compensation Package for non-bargaining unit employees for Fiscal Years 2012, 2013 and 2014. Seconded by Braig. Responding to questions from City Council, Van Milligen stated that the old sick leave payout plan will be discontinued and employees with less than 20 years of service would be eliminated from the new plan. Motion carried 6-0. RESOLUTION NO. 65-11 APPROVING THE COMPENSATION PACKAGE FOR NON-BARGAINING UNIT EMPLOYEES FOR FISCAL YEARS 2012, 2013 AND 2014 Whereas, the City Manager has recommended the compensation package for Non- bargaining Unit Employees for Fiscal Years 2012, 2013 and 2014; Whereas, the City Council provides a compensation package to Non-bargaining Unit employees similar to the compensation package to be received by Bargaining Unit employees; and Whereas, the recommended compensation package for Non-bargaining Unit employees is consistent with the compensation package to be received by employees represented by the Teamsters Local Union No. 120 and the Dubuque Professional Firefighters Association, Local #353. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package for Non-bargaining Unit employees for Fiscal nd Years 2012, 2013 and 2014 is hereby passed, approved and adopted this 22 day of February, 2011. 19 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Safe Community Task Force Recommendations Implementation – Boarded-Up Windows and Doors Ordinance: City Manager recommending adoption of a Boarded-Up Openings Ordinance that establishes requirements for the exterior security and appearance of buildings. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. The City Manager clarified that the ordinance grandfathers existing properties and applies to future properties. Planning Services Manager explained the discussion behind the evolution of the ordinance and how it applies to and affects commercial and residential structures. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 16-11 Amending the City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations by adopting a new Section 14-1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Buildings. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-11 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS BY ADOPTING A NEW SECTION 14-1A-5 EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS, ESTABLISHING REQUIREMENTS FOR THE EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14, Chapter 1, Article A of the City of Dubuque Code of Ordinances is amended by adding thereto the following provision: Sec. 14-1A-5. Exterior Security and Appearance of Buildings: 1. Application. The requirements of this Section shall apply to any windows or doors boarded up after March 1, 2011. 2. No building openings, except basement windows, in a building with any lot frontage on a public street may be boarded or covered in whole or in part. Doors and windows located on a facade of a building with lot frontage on a public street must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. All other unsecured exterior building openings must be secured with three-eighths inch (3/8”) plywood and nailed every eight inches (8”) with #6 box nails. On the first floor of any such building, the plywood must be cut to fit the opening and must not be pieced. On the second floor or above, the plywood may be pieced provided it is adequately supported behind the seam. Building openings must be covered from the outside and the plywood painted to blend in with the remaining exterior color of the building. 3. Exception. Temporary Boarding. Windows and doors may be boarded temporarily only if a permit has been obtained from the city manager or city manager’s designee for the temporarily boarded windows and doors. A temporary permit may be issued upon submission of a satisfactory plan to the city manager or city manager’s 20 designee which outlines bringing the windows and doors into compliance with this Section. Temporary for purposes of this Section means less than ninety (90) days. One extension of thirty (30) days may be granted by the city manager or city manager’s designee. Further extensions may be granted at the discretion of the city manager. 4. Appeal Rights. a. A property owner aggrieved or adversely affected by a decision of the city manager’s designee under this Section may apply to the city manager for review of such decision by filing a written notice of appeal with the city manager within thirty (30) days of the date of the decision appealed from. The notice of appeal must include the following: 1. Name and address of person appealing (appellant). 2. A brief statement in ordinary and concise language of the decision appealed from, together with any material facts claimed to support the contentions of the appellant. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision appealed from should be reversed or modified. 4. The signatures of all parties named as persons appealing and their official mailing address. b. The city manager shall review the decision appealed from and any information provided by the appellant and issue a written decision within thirty (30) days of receipt of the notice of appeal. The decision shall be mailed to the appellant. The city manager may affirm, reverse, or modify the decision of the city manager’s designee. 5. Inventory and Review. An inventory of buildings with boarded up windows and doors shall be completed by December 31, 2010 and maintained by the city manager. The inventory shall be updated every twenty-four (24) months and provided for review to the city council. 6. Historic Preservation Requirements. None of the provisions of this Section shall be interpreted to reduce or modify the requirements for review and approval by the Historic Preservation Commission required under the Code of Ordinances for properties located within a Historic Preservation or Conservation District. Section 2. This Ordinance shall take effect on publication. nd Passed, approved and adopted this 22 day of February, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 26 day of February, 2011. /s/Jeanne F. Schneider, CMC, City Clerk 2011 Federal Legislative Priorities: City Manager recommending approval of the Fiscal Year 2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Sister City Relationships Advisory Commission: Appointment of a City Council representative to the Sister City Relationships Advisory Commission. Motion by Lynch to receive and file the documents and appoint Connors as the representative. Seconded by Connors. Motion carried 6-0. 21 Fourth Ward Vacancy: City Attorney transmitting information regarding the filling of the vacancy in the office of Fourth Ward City Council Member. Motion by Lynch to receive and file the documents and adopt Resolution No. 66-11 Resolution of Intent to fill a vacancy in the office of Fourth Ward City Council Member by appointment. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 66-11 INTENT TO FILL A VACANCY IN THE OFFICE OF FOURTH WARD CITY COUNCIL MEMBER BY APPOINTMENT Whereas, there is a vacancy in the Office of City Council Member for the Fourth Ward; and Whereas, Iowa Code § 372-13(2)(a) allows the vacancy to be filled by appointment by the remaining members of the Council for the period until the next pending election; and Whereas, the Council must publish notice in the manner prescribed by Iowa Code § 362.3, stating that the Council intends to fill the vacancy by appointment but that the electors of the ward have the right to file a petition requiring that the vacancy be filled by a special election; and Whereas, the Council has elected to fill the vacancy in the Office of City Council Member for the Fourth Ward by appointment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: 1. The City Council hereby elects to fill the vacancy in the Office of City Council Member for the Fourth Ward by appointment following the publication of the required notice. 2. The City Clerk is directed to publish the attached notice in the manner prescribed by Iowa Code § 362.3. nd Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Following discussion, City Council reached consensus on the process of accepting letters of interest/resumes from residents of the Fourth Ward through the City Clerk’s Office by 5:00 p.m. on Monday, March 7 with interviews scheduled for a special session on Saturday, March 12 at 10:00 a.m. in the Historic Federal Building. Appointment will be made at the March 21, 2011 regular meeting. CLOSED SESSION Motion by Jones to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig. Motion carried 6-0. Upon motion the City Council reconvened in open session at 8:14 p.m. stating that staff had been given proper direction. There being no further business upon motion the City Council adjourned at 8:15 p.m. /s/Jeanne F. Schneider, CMC City Clerk 22