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Proof of Publication_City Council Proceedings 2 22 11CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS 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 pro- vided by Carolyn Far- rell, BVM CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 6 -0. Minutes and Reports Submitted: City Con- ference Board of 3/1 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing Commis- sion 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 docu- ments were received and filed. Notice of Claims/ Suits: Glen Koelker for vehicle damage; Joanne McKay for vehi- cle damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 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: 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 Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and concurred. Southwest Arterial Consultant Supplemen- tal Agreement - Final Design: City Manager recommending appro- val of Supplemental Agreement No. 7 with AECOM Technical Serv- ices, Inc. for the final engineering design phase of the Southwest Arterial Project subject to the concurrence of the Iowa Department of Transportation. Ilnnn mntinn tha rincn- a • - p•r.ve•. Smart Planning Grant Agreement: City Man- ager recommending approval of an agree- ment with the Iowa De- partment of Economic Development (IDED) for a Smart Planning Grant with Dubuque County, the City of Du- buque, and six small cities (Asbury, Cas- cade, Dyersville, Ep- worth, Farley and Peosta) to cover up to 50% of the cost for a new or updated com- prehensive plan for each participant. Upon motion the documents were received, filed, and approved. Certified Local Gov- ernment (CLG) Annual Report: City Manager transmitting the 2010 Certified Local Govern- ment (CLG) Annual Re- port. Upon motion the documents were re- ceived and filed. 2010 National Park Service (NPS) Annual Products Report: City Manager transmitting the 2010 National Park Service (NPS) Annual Products Report and Baseline Question- naire. Upon motion the documents were re- ceived and filed. 2010 Urban Revitaliza- tion Program Applica- tions: City Manager recommending appro- val of 2010 Urban Revi- talization Program ap- plications for residen- tial property tax ex- emptions. Upon motion the documents were received and filed and Resolution No. 52 -11 Approving residential property tax exemp- tion applications sub- mitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Request for Proposals - Annual Auditing Serv- ices: City Manager rec- ommending approval of the issuance of a Re- quest for Proposals for the City's annual audit. Upon motion the docu- ments were received, filed, and approved. Downtown Rehabilita- tion Loan - 1132 -1136 Locust Street: City Manager recommend- ing approval of a letter of commitment for a Downtown Rehabilita- tion Loan of $300,000, a $10,000 facade grant, a $10,000 design grant and a $15,000 financial consultant grant for Ju- dy Davison to support rehabilitation of prop- erties located at 1132- 1136 Locust Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 53 -11 Authoriz- ing a Letter of Commit- ment and additional actions concerning a Downtown Rehabilita- tion Loan, Facade Grant, Design Grant and Financial Consul- tant Grant to Judy Da- vison was adopted. Community Develop- ment Block Grant (CDBG) Administration: City Manager recom- mending approval of a proposal from East Central Intergovern- mental Association in the amount of $7,500 to administer the Com- munity Development Block Grant for the Caradco Building, LLLP, project. Upon motion the documents were man Iev- opmen Committee. Upon mo- tion the document was received and filed. Citizen Communica- tion: Communication from Loras Pape re- garding taxes. Upon motion the document was received and filed. U.S. Department of Housing and Urban De- velopment (HUD): City Manager recommend- ing approval of the ex- ecution of grant agree- ments with the U.S. De- partment of Housing and Urban Develop- ment for the Lead Haz- ard Control and Healthy Homes Prod- uct grants. Upon mo- tion the documents were received and filed and Resolution No. 55- 11 Authorizing execu- tion of a Lead Hazard Control Grant Agree- ment and Healthy Homes Production Agreement with the U.S. Department of Housing and Urban De- velopment was adopt- ed. Handan City: Commu- nication from Lv Jinlong, Vice Secretary General of Handan City Government, express- ing great sorrow on the death of Council Mem- ber Dirk Voetberg. Upon motion the docu- ment 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 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. 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 Club- house was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6 -0. Sanitary Sewer Ease- ment - Faley Proper- ties, 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 sanita- ry sewer lateral that will serve their devel- opment of Lot 2 of Du- buque Industrial Cen- ter North First Addi- tion. Upon motion the documents were re- ceived and flied and Resolution No. 57 -11 In- tent to dispose of a sanitary sewer ease- ment in the City of Du- buque and fixing the date for a public hear- ing on the proposed disposal of a sanitary rara,vari and fllari anri mwar nacmmnnt in thn B aring •n e ve Year Capital Improve- ment Program for Fis- cal Years 2012 through 2016 for the City of Du- buque were adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on March 10, 2011 in the Historic Federal Building. Dubuque Industrial Center Economic De- velopment District: City Manager recom- mending that a public hearing be set for March 7, 2011 to con- sider an amendment to the Dubuque Industrial Center Economic De- velopment District. Upon motion the docu- ments were received and filed and Resolu- tion No. 61 -11 Resolu- tion of Necessity find- ing that certain areas adjacent to the Dubu- que Industrial Center Economic Development District meet the defi- nition of an Economic Development Area un- der the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est 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. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards /Com- missions: Community Development Advisory Commission: One 3- year term through Feb- ruary 15, 2014 (Term of Shaw). Applicant: Da- vid Shaw, 2765 Broad- way Street. Appointments to the following Boards /Com- missions: 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 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 5. Grandview Ave- nue. Upon roll call vote, Jill Connors was ap- pointed to the Sister City Relationships Ad- visory 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. Stew- art, 460 Summit Street. Motion by Connors to receive and file the documents and ap- point 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 allow- ing anyone present to arlrirncc thn rity (`min- 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 Resnick. Planning Serv- ices 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 Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located at 39 Bluff Street from R -3 Moder- ate Density Multi - Family Residential Dis- trict to OR Office Resi- dential District. Seconded by Resnick. Motion carried 6 -0. Washington Neigh- borhood Conservation District Expansion: Proof of publication on notice of public hear- ing to consider appro- val of an amendment to expand the Wash- ington Street Neigh- borhood Conservation District and Historic Preservation Commis- sion recommending approval. City Manager recom- mending that the boun- daries of the proposed Washington Street Neighborhood Conser- vation District be modi- fied. Communication from Heartland Financial re- questing that the prop- erty owned by Dubu- que 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 Man- ager Laura Carstens and Housing and Com- munity Development Director David Harris provided a slide pre- sentation that re- viewed the neighbo- rhood's revitalization and demolition area. Carstens further ex- plained the conserva- tion district's economic and social value and the effect of the desig- nation. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 15 -11, including the recommended modifi- cations by the City Manager, Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by amending Article 10- 11-A-4 pertaining to ex- pansion of the Wash- ington Street Neigh- borhood Conservation District. Seconded by Braig. Motion carried 6 -0. 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 AAT I 1 r` a cnhciriiary 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: March 02, 2011, and for which the charge is $305.79. Subsc this ager recommending approval of the Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees for Fiscal Years 2012, 2013 and 2014. Motion by Con- nors to receive and file the documents and adopt Resolution No. 65 -11 Approving Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees 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 MARY K. WE Commiooldfi Numtor 154 C • -' Cm, FEB, 2 employees with less than 20 years of serv- ice would be eliminat- ed from the new plan. Motion carried 6 -0. Safe Community Task Force Recommenda- tions Implementation - Boarded-Up Windows and Doors Ordinance: City Manager recom- mending adoption of a Boarded -Up Openings Ordinance that estab- lishes 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 ordi- nance be considered and voted on for pas- S P� ed to before me, a Notary Public in and for Dubuque County, Iowa, day of �2a i / , 20 // . itary Public in and for Dubuque County, Iowa. sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. The City Manag- er clarified that the or- dinance grandfathers existing properties and applies to future prop- erties. Planning Serv- ices Manager ex- plained the discussion behind the evolution of the ordinance and how it applies to and affects commercial and resi- dential structures. Mo- tion carried 6 -0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 16 -11 Amending the City of Dubuque Code of Ordinances Ti- tle 14 Building and De- velopment, Chapter 1 Building Codes, Article A Building Code and Regulations by adopt- ing a new Section 14- 1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Build- ings. Seconded by Braig. Motion carried 6 -0. 2011 Federal Legisla- tive Priorities: City Manager recommend- ing approval of the Fis- cal Year 2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Motion car- ried 6 -0. Sister City Relation- ships Advisory Com- mission: Appointment of a City Council repre- sentative to the Sister City Relationships Ad- visory Commission. Motion by Lynch to re- ceive and file the docu- ments and appoint Connors as the repre- sentative. Seconded by Connors. Motion car- ried 6 -0. Fourth Ward Vacancy: City Attorney transmit- ting information re- garding the filling of the vacancy in the of- fice of Fourth Ward City Council Member. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 66 -11 Resolu- tion of Intent to fill a vacancy in the office of Fourth Ward City Coun- cil Member by appoint- ment. Seconded by Braig. Motion carried 6 -0. Following discussion, City Council reached consensus on the proc- ess of accepting letters of interest/resumes from residents of the Fourth Ward through the City Clerk's Office by 5:00 p.m. on Mon- day, March 7 with in- terviews scheduled for a special session on ther business u Saturday, March 12 at tion the City 10:00 a.m. in the His- adjourned at 8: toric Federal Building. /s /Jeanne F. Sc Appointment will be CMC, Ci made at the March 21, It 3/2 2011 regular meeting. CLOSED SESSION Motion by Jones to go into closed session re- garding pending litiga- tion and property ac- quisition 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 fur- CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS 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 pro, vided by Carolyn Far- rell, BVM CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 6-0. Minutes and Reports Submitted: City Con- ference Board of 3/1 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing Commis- sion 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 docu- ments were received and filed. Notice of Claims/ Suits: Glen Koelker for vehicle damage; Joanne McKay for vehi- cle damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 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: 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 Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and concurred. Southwest Arterial Consultant Supplemen- tal Agreement - Final Design: City Manager recommending appro- val of Supplemental Agreement No. 7 with AECOM Technical Serv- ices, 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 docu- ments were received and filed and Resolu- tion No. 50-11 Approv- ing the Consultant Pro- fessional Services - Supplemental Agree- ment between AECOM Technical Services, Inc. and the City of Dubu- que for the final engi- neering design phase of the Southwest Arte- rial Project was adopt- ed. Southwest Arterial Consultant Supplemen- tal Agreement - North Cascade Road Bridge Construction Project: City Manager recom- mending approval of Supplemental Agree- ment No. 8 with AECOM Technical Serv- ices, Inc. to provide construction engineer- ; ing services for the North Cascade Road Bridge Construction Project (Phase 1 of the Southwest Arterial AECOM Technical Serv- ices, Inc. and the City of Dubuque for con- struction engineering services for the North Cascade Road Bridge Construction Project (Phase 1 of the South- west Arterial Project) was adopted. Smart Planning Con- sortium: City Manager recommending appro- val to submit a request for technical assis- tance from the Envi- ronmental Protective Agency by the Dubu- que Smart Planning Consortium. Upon mo- tion the documents were received, filed, and approved. Smart Planning Grant Agreement: City Man- ager recommending approval of an agree- ment with the Iowa De- partment of Economic Development (IDED) for a Smart Planning Grant with Dubuque County, the City of Du- buque, and six small cities (Asbury, Cas- cade, Dyersville, Ep- worth, Farley and Peosta) to cover up to 50% of the cost for a new or updated com- prehensive plan for each participant. Upon motion the documents were received, filed, and approved. Certified Local Gov- ernment (CLG) Annual Report: City Manager transmitting the 2010 Certified Local Govern- ment (CLG) Annual Re- port. Upon motion the documents were re- ceived and filed. 2010 National Park Service (NPS) Annual Products Report: City Manager transmitting the 2010 National Park Service (NPS) Annual Products Report and Baseline Question- naire. Upon motion the documents were re- ceived and filed. 2010 Urban Revitaliza- tion Program Applica- tions: City Manager recommending appro- val of 2010 Urban Revi- talization Program ap- plications for residen- tial property tax ex- emptions. Upon motion the documents were received and filed and Resolution No. 52-11 Approving residential property tax exemp- tion applications sub- mitted by property owners inrecognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Request for Proposals - Annual Auditing Serv- ices: City Manager rec- ommending approval of the issuance of a Re- quest for Proposals for the City's annual audit. Upon motion the docu- ments were received, filed, and approved. Downtown Rehabilita- tion Loan - 1132-1136 Locust Street: City Manager recommend- ing approval of a letter of commitment for a Downtown Rehabilita- tion Loan of $300,000, a $10,000 facade grant, a $10,000 design grant and a $15,000 financial consultant grant for Ju- dy -Davison to support rehabilitation of prop- erties located at 1132- 1136 Locust Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 53-11 Authoriz- ing a Letter of Commit- ment and additional actions concerning a Downtown Rehabilita- tion Loan, Facade Grant, Design Grant and Financial Consul- tant Grant to Judy Da- vison was adopted. Community Develop- ment Block Grant (CDBG) Administration: City Manager recom- mending approval of a proposal from East Central Intergovern- mental Association in the amount of $7,500 to administer the Com- munity 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 Intergovern- mental Association was adopted. City Development Board: Communication from Marie Steenlage, City Development Board Administrator, advising that the vol- untary annexation re- quest of the Dubuque Metropolitan Area Sol- id Waste Agency will be heard by the Board on March 9, 2011. Notice of meeting to consider the City of Du- buque's voluntary an- nexation within the urbanized area of the cities of Peosta and Centralia. Upon motion the documents were re- ceived and filed. Knight Soul of the Community 2010: Copy (ACEC) advising that the City's East / West Corridor Connectivity Study has earned a Na- tional Recognition Award in the American Council of Engineering Companies 2011 Engi- neering Excellence Awards competition. Upon motion the docu- ment was received and filed. Iowa League of Cities: Communication from the Iowa League of Cit- ies advising that Coun- cil Member Joyce Con- nors' name has been submitted for appoint- ment to the National League of Cities Hu- man Development Committee. Upon mo- tion the document was received and filed. Citizen Communica- tion: Communication from Loras Pape re- garding taxes. Upon motion the document was received and filed. U.S. Department of Housing and Urban De- velopment (HUD): City Manager recommend- ing approval of the ex- ecution of grant agree- ments with the U.S. De- partment of Housing and Urban Develop- ment for the Lead Haz- ard Control and Healthy Homes Prod- uct grants. Upon mo- tion the documents were received and filed and Resolution No. 55- 11 Authorizing execu- tion of a Lead Hazard Control Grant Agree- ment and Healthy Homes Production Agreement with the U.S. Department of Housing and Urban De- velopment was adopt- ed. Handan City: Commu- nication from Lv Jinlong, Vice Secretary General of Handan City Government, express- ing great sorrow on the death of Council Mem- ber Dirk Voetberg. Upon motion the docu- ment 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 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. 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 Club- house was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Sanitary Sewer Ease- ment - Foley Proper- ties, LLC: City Manager recommending that a public hearing be set for March 7, 2011 to consider a request from Foley Properties, LLC d/b/a IWI Motor Parts to obtain an easement for a sanita- ry sewer lateral that will serve their devel- opment of Lot 2 of Du- buque Industrial Cen- ter North First Addi- tion. Upon motion the documents were re- ceived and filed and Resolution No. 57-11 In- tent to dispose of a sanitary sewer ease- ment in the City of Du- buque and fixing the date for a public hear- ing on the proposed disposal of a sanitary sewer easement in the Dubuque Industrial Center North First Ad- dition to Foley Proper- ties, LLC and Foley En- terprises, Inc. and`pro- viding for the publica- tion 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. Fire Hydrant Painting Project: City Manager recommending initia- tion of the bidding process for Phase I of the Fire Hydrant Paint- ing 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 appro- val of the plans and specifications, form of contract, and estimat- ed cost; setting date of public hearing on the Fiscal Year 2012 Budg- et and Capital Improve- ment Program: City Manager recommend- ing that a public hear- ing be set for March 10, 2011 to consider appro- val of the Fiscal Year 2012 Budget and Fiscal Year 2012 - 2016 Capi- tal Improvement Pro- gram. Upon motion the documents were re- ceived and filed and Resolution No. 59-11 Setting the date for the public hearing on the Fiscal Year 2012 Budg- et for the City of Dubu- que; and Resolution No. 60-11 Setting the date for the public hearing on the Five Year Capital Improve- ment Program for Fis- cal Years 2012 through 2016 for the City of Du- buque were adopted setting a public hear- ing for a meeting, to commence at 6:30 p.m. on March 10, 2011 in the Historic Federal Building. Dubuque Industrial Center Economic De- velopment District: City Manager recom- mending that a public hearing be set for March 7, 2011 to con- sider an amendment to the Dubuque Industrial Center Economic De- velopment District. Upon motion the docu- ments were received and filed and Resolu- tion No. 61-11 Resolu- tion of Necessity find- ing that certain areas adjacent to the Dubu- que Industrial Center Economic Development District meet the defi- nition of an Economic Development Area un- der the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est 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. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Community Development Advisory Commission: One 3- year term through Feb- ruary 15, 2014 (Term of Shaw). Applicant: Da- vid Shaw, 2765 Broad- way Street. Appointments to the following Boards/Com- missions: 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 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. Upon roll call vote, Jill Connors was ap- pointed to the Sister City Relationships Ad- visory 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. Stew- art, 460 Summit Street. Motion by Connors to receive and file the documents and ap- point 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 allow- ing anyone present to address the City Coun- cil. Sale of Property at 346 East 19th Street: Proof of publication on notice of public hear- ing to consider appro- val of the sale of prop- erty at 346 East 19th Street to Kevin L. and Becky M. Lightfoot and City Manager recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and adopt Reso- lution No. 62-11 Ap- proving the sale of real estate located at 346 East 19th Street in the City of Dubuque, Iowa. Seconded by ' Braig. Motion carried 6-0. Request to Rezone - Bedrock Development, LLC / McFadden Family Partnership: Proof of publication on notice of public hearing to consider a request from Bedrock Develop- ment, LLC / McFadden Seconded by Lynch. Motion carried 6-0. Request to Rezone - 39 Bluff Street - Gary Carner, Franklin Invest- ment LLC: Proof of publication on notice of public hearing to consider a request from Gary Corner, Franklin Investment LLC, to rezone property located at 39 Bluff Street from R-3 Moder- ate Density Multi - Family Residential Dis- trict to OR Office Resi- dential District and Zoning Advisory Com- mission recommending approval. 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 Resnick. Planning Serv- ices 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 Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located at 39 Bluff Street from R-3 Moder- ate Density Multi - Family Residential Dis- trict to OR Office Resi- dential District. Seconded by Resnick. Motion carried 6-0. Washington Neigh- borhood Conservation District Expansion: Proof of publication on notice of public hear- ing to consider appro- val of an amendment to expand the Wash- ington Street Neigh- borhood Conservation District and Historic Preservation Commis- sion recommending approval. City Manager recom- mending that the boun- daries of the proposed Washington Street Neighborhood Conser- vation District be modi- fied. Communication from Heartland Financial re- questing that the prop- erty owned by Dubu- que 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 Man- ager Laura Carstens and Housing and Com- munity Development Director David Harris provided a slide pre- sentation that re- viewed the neighbo- rhood's revitalization and demolition area. Carstens further ex- plained the conserva- tion district's economic and social value and the effect of the desig- nation. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 15-11, including the recommended modifi- cations by the City Manager, Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by amending Article 10- 11-A-4 pertaining to ex- pansion of the Wash- ington Street Neigh- borhood Conservation District. Seconded by Braig. Motion carried 6-0. 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 recom- mending 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 Devel- opment Department of- fices. Motion by Connors to receive and file the documents and adopt Resolution No. 63-11 Rescinding Resolution No. 39-11 to hold a pub- lic hearing regarding a lease with Engine House #1 MT, LLC. Seconded by Braig. Motion carried 6-0. ACTION ITEMS Every Child / Every Promise: City Manager recommending appro- val of the $25,000 re - STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Io` corporation, publisher of the Telegraph Herald,a newspaper of general circul published in the City of Dubuque, County of Dubuque and State of Iowa; he certify that the attached notice was published in said newspaper on the folio` dates: March 02, 2011, and for which the charge is $305.79. Subsc this ed to before me, a Notary Public in and for Dubuque County, Iowa, day of , 20 // . MARYK.WE Commiaaiorl Number 154( C,,'.,w Ex , FEB, 1, 2+ ager recommending approval of the Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees for Fiscal Years 2012, 2013 and 2014. Motion by Con- nors to receive and file the documents and adopt Resolution No. 65-11 Approving Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees 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 otary Public in and for Dubuque County, IoN employees with less than 20 years of serv- ice would be eliminat- ed from the new plan. Motion carried 6-0. Safe Community Task Force Recommenda- tions Implementation - Boarded -Up Windows and Doors Ordinance: City Manager recom- mending adoption of a Boarded -Up Openings Ordinance that estab- lishes 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 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. The City Manag- er clarified that the or- dinance grandfathers existing properties and applies to future prop- erties. Planning Serv- ices Manager ex- plained the discussion behind the evolution of the ordinance and how it applies to and affects commercial and resi- dential structures. Mo- tion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 16-11 Amending the City of Dubuque Code of Ordinances Ti- tle 14 Building and De- velopment, Chapter 1 Building Codes, Article A Building Code and Regulations by adopt- ing a new Section 14- 1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Build- ings. Seconded by Braig. Motion carried 6-0. 2011 Federal Legisla- tive Priorities: City Manager recommend- ing approval of the Fis- cal Year 2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents prove the re dation. Seca Resnick. Mo ried 6-0. Sister City ships Advise mission: API of a City Coui sentative to City Relation visory Co Motion by Ly ceive and file ments and Connors as 1 sentative. Sei Connors. Mc ried 6-0. ' Fourth Wart City Attorney ting inform garding the the vacancy ref, "B "r CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 6-0. Minutes and Reports Submitted: City Con- ference Board of 3/1 and 3/18/10; City Council of 2/7, 2/9, and 2/15; Housing Commis- sion 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 docu- ments were received and filed. Notice of Claims/ Suits: Glen Koelker for vehicle damage; Joanne McKay for vehi- cle damage; Tyler Hoyt for vehicle damage; Michael Hubanks for vehicle damage; Rick J. Putnam for vehicle damage; Sarah Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 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: 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 Trant- ham for vehicle dam- age; Rich Haigh for ve- hicle damage; John P. Kelly for vehicle dam- age; Angela Steur for property damage. Upon motion the docu- ments were received, filed and concurred. Southwest Arterial Consultant Supplemen- tal Agreement - Final Design: City Manager recommending appro- val of Supplemental Agreement No. 7 with AECOM Technical Serv- ices, 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 docu- ments were received and filed and Resolu- tion No. 50-11 Approv- ing the Consultant Pro- fessional Services - Supplemental Agree- ment between AECOM Technical Services, Inc. and the City of Dubu- que for the final engi- neering design phase of the Southwest Arte- rial Project was adopt- ed. Southwest Arterial Consultant Supplemen- tal Agreement - North Cascade Road Bridge Construction Project: City Manager recom- mending approval of Supplemental Agree- ment No. 8 with AECOM Technical Serv- ices, Inc. to provide construction engineer- ing services for the North Cascade Road Bridge Construction Project (Phase I of the Southwest Arterial Project) subject to the concurrence of the Io- wa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 51- 11 Approving the Con- sultant Professional Services - Supplemen- tal Agreement between Service (NPS) Annual Products Report: City Manager transmitting the 2010 National Park Service (NPS) Annual Products Report and Baseline Question- naire. Upon motion the documents were re- ceived and filed. 2010 Urban Revitaliza- tion Program Applica- tions: City Manager recommending appro- val of 2010 Urban Revi- talization Program ap- plications for residen- tial property tax ex- emptions. Upon motion the documents were received and filed and Resolution No. 52-11 Approving residential property tax exemp- tion applications sub- mitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Request for Proposals - Annual Auditing Serv- ices: City Manager rec- ommending approval of the issuance of a Re- quest for Proposals for the City's annual audit. Upon motion the docu- ments were received,• filed, and approved. Downtown Rehabilita- tion Loan - 1132-1136 Locust Street: City Manager recommend- ing approval of a letter of commitment for a Downtown Rehabilita- tion Loan of $300,000, a $10,000 facade grant, a $10,000 design grant and a $15,000 financial consultant grant for Ju- dy -Davison to support rehabilitation of prop- erties located at 1132- 1136 Locust Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 53-11 Authoriz- ing a Letter of Commit- ment and additional actions concerning a Downtown Rehabilita- tion Loan, Facade Grant, Design Grant and Financial Consul- tant Grant to Judy Da- vison was adopted. Community Develop- ment Block Grant (CDBG) Administration: City Manager recom- mending approval of a proposal from East Central Intergovern- mental Association in the amount of $7,500 to administer the Com- munity 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 Intergovern- mental Association was adopted. City Development Board: Communication from Marie Steenlage, City Development Board Administrator, advising that the vol- untary annexation re- quest of the Dubuque Metropolitan Area Sol- id Waste Agency will be heard by the Board on March 9, 2011. Notice of meeting to consider the City of Du- buque's voluntary an- nexation within the urbanized area of the cities of Peosta and Centralia. Upon motion the documents were re- ceived and filed. Knight Soul of the Community 2010: Copy of the Knight Soul of the Community 2010 Report. Upon motion the document was re- ceived and filed. American Council of Engineering Compa- nies (ACEC): Communi- cation from the Ameri- can Council of Engi- neering Companies Housing 'CUM ut Van L/C` velopment was adopt- ed. Handan City: Commu- nication from Lv Jinlong, Vice Secretary General of Handan City Government, express- ing great sorrow on the death of Council Mem- ber Dirk Voetberg. Upon motion the docu- ment 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 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. 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 Club- house was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6-0. Sanitary Sewer Ease- ment - Faley Proper- ties, 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 sanita- ry sewer lateral that will serve their devel- opment of Lot 2 of Du- buque Industrial Cen- ter North First Addi- tion. Upon motion the documents were re- ceived and filed and Resolution No. 57-11 In- tent to dispose of a sanitary sewer ease- ment in the City of Du- buque and fixing the date for a public hear- ing on the proposed disposal of a sanitary sewer easement in the Dubuque Industrial Center North First Ad- dition to Faley Proper- ties, LLC and Faley En- terprises, Inc. and'pro- viding for the publica- tion 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. Fire Hydrant Painting Project: City Manager recommending initia- tion of the bidding process for Phase I of the Fire Hydrant Paint- ing 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 appro- val of the plans and specifications, form of contract, and estimat- ed cost; setting date of public hearing on the plans and specifica- tions, form of contract, and estimated cost; and ordering the ad- vertisement 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. nition of an Economic Development Area un- der the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est 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. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions: Community Development Advisory Commission: One 3- year term through Feb- ruary 15, 2014 (Term of Shaw). Applicant: Da- vid Shaw, 2765 Broad- way Street. Appointments to the following Boards/Com- missions: 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 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. Upon roll call vote, Jill Connors was ap- pointed to the Sister City Relationships Ad- visory 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. Stew- art, 460 Summit Street. Motion by Connors to receive and file the documents and ap- point 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 allow- ing anyone present to address the City Coun- cil. Sale of Property at 346 East 19th Street: Proof of publication on notice of public hear- ing to consider appro- val of the sale of prop- erty at 346 East 19th Street to Kevin L. and Becky M. Lightfoot and City Manager recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and adopt Reso- lution No. 62-11 Ap- proving the sale of real estate located at 346 East 19th Street in the City of Dubuque, Iowa. Seconded by 'Braig. Motion carried 6-0. Request to Rezone - Bedrock Development, LLC / McFadden Family Partnership: Proof of publication on notice of public hearing to consider a request from Bedrock Develop- ment, LLC / McFadden Family Partnership to rezone property locat- ed 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 recom- mending approval. Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 13-11 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located on the south side of Pennsylvania Avenue, east of Heacock Road, from R- 3 Moderate Density Multi -Family Residen- tial District to AG Agri- cultural District. Washington Neigh borhood Conservation District Expansion: Proof of publication on notice of public hear- ing to consider appro- val of an amendment to expand the Wash- ington Street Neigh- borhood Conservation District and Historic Preservation Commis- sion recommending approval. City Manager recom- mending that the boun- daries of the proposed Washington Street Neighborhood Conser- vation District be modi- fied. Communication from Heartland Financial re- questing that the prop- erty owned by Dubu- que 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 Man- ager Laura Carstens and Housing and Com- munity Development Director David Harris provided a slide pre- sentation that re- viewed the neighbo- rhood's revitalization and demolition area. Carstens further ex- plained the conserva- tion"district's economic and social value and the effect of the desig- nation. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 15-11, including the recommended modifi- cations by the City Manager, Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by amending Article 10- 11-A-4 pertaining to ex- pansion of the Wash- ington Street Neigh- borhood Conservation District. Seconded by Braig. Motion carried 6-0. 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 recom- mending 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 Devel- opment Department of- fices. Motion by Connors to receive and file the documents and adopt Resolution No. 63-11 Rescinding Resolution No. 39-11 to hold a pub- lic hearing regarding a lease with Engine House #1 MT, LLC. Seconded by Braig. Motion carried 6-0. ACTION ITEMS Every Child / Every Promise: City Manager recommending appro- val of the $25,000 re- quest from Every Child / Every Promise to dis- perse already budget- ed funds to help imple- ment 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 recom- mendation. Seconded by Jones. Motion car- ried 6-0. International Union' of Operating Engineers - Collective Bargaining Agreement: City Man- ager recommending approval of the collec- tive bargaining agree- ment between the City of Dubuque and the In- ternational 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 Interna- tional Union of Operat- ing Engineers and au- thorizing the Mayor to sign the agreement. Seconded by Braig. Motion carried 6-0. Wage Plan and Com- pensation Package for Non -Bargaining Unit Employees: City Man - corporate o , publisher of the Telegraph I-ierald,a newspaper 01 gerielai vi> emu, published in the City of Dubuque, County of Dubuque and State of Iowa; he certify that the attached notice was published in said newspaper on the folio, dates: March 02, 2011, and for which the charge is $305.79. SlAyi-0""ft- PLAP Subsc ed to before me, a Notary Public in and for Dubuque County, Iowa this day of _ ,_,, , 20 // . MARY K, WE; ri r .-+ Commiiii0fi Numgif 15C • ager recommending approval of the Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees for Fiscal Years 2012, 2013 and 2014. Motion by Con- nors to receive and file the documents and adopt Resolution No. 65-11 Approving Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees 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 serv- ice would be eliminat- ed from the new plan. Motion carried 6-0. Safe Community Task Force Recommenda- tions Implementation - Boarded -Up Windows and Doors Ordinance: City Manager recom- mending adoption of a Boarded -Up Openings Ordinance that estab- lishes 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 ordi- nance be considered and voted on for pas- tary Public in and for Dubuque County, Io sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. The City Manag- er clarified that the or- dinance grandfathers existing properties and applies to future prop- erties. Planning Serv- ices Manager ex- plained the discussion behind the evolution of the ordinance and how it applies to and affects commercial and resi- dential structures. Mo- tion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 16-11 Amending the City of Dubuque Code of Ordinances Ti- tle 14 Building and De- velopment, Chapter 1 Building Codes, Article A Building Code and Regulations by adopt- ing a new Section 14- 1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Build- ings. Seconded by Braig. Motion carried 6-0. 2011 Federal Legisla- tive Priorities: City Manager recommend- ing approval of the Fis- cal Year 2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents prove the r dation. Sec Resnick. Mi ried 6-0. Sister Cit, ships Advis mission: AI of a City Cot sentative to City Relatio visory C Motion by L ceive and fil ments an( Connors as sentative. S Connors. N ried 6-0. • Fourth Wa City Attorne ting inforr garding thi the vacanc, Budg- Seconded by Lynch. rove- Motion carried 6-0. City Request to Rezone - nend- 39 Bluff Street - Gary hear- Carner, Franklin Invest- ch 10, ment LLC: Proof of ippro- publication on notice Year of public hearing to Fiscal consider a request Capi- from Gary Carner, : Pro- Franklin Investment Dn the LLC, to rezone property e re- located at 39 Bluff 1 and Street from R-3 Moder- 59-11 ate Density Multi - 'or the Family Residential Dis- m the trict to OR Office Resi- Budg- dential District and Dubu- Zoning Advisory Com- )Iution mission recommending ig the approval. Motion by public Connors to receive and Five file the documents and prove- that the requirement or Fis- that a proposed ordi- 'rough nance be considered of Du- and voted on for pas- dopted sage at two. Council hear- meetings prior to the :ing, to meeting at which it is 30 p.m. to be passed be sus- '011 in pended. Seconded by =ederal Resnick. Planning Serv- ices Manager Laura iustrial Carstens provided a is De- staff report. Motion )istrict: carried 6-0. recom- Motion by Connors for public final consideration and et for passage of Ordinance to con- No. 14-11 Amending Ti- nent to tle 16 of the City of Du- dustrial buque Code of Ordi- iic De- nances, Unified Devel- )istrict. opment Code, by e docu- reclassifying herein- eceived after described proper- Resolu- ty located at 39 Bluff Resolu- Street from R-3 Moder- ty find- ate Density Multi- -1 areas Family Residential Dis- Dubu- trict to OR Office Resi- Center dential District. opment Seconded by Resnick. le defi- Motion carried 6-0. :onomic Washington Neigh- rea un- borhood Conservation tenewal District Expansion: ievelop- Proof of publication on areas is notice of public hear- se inter- ing to consider appro- ients of val of an amendment ubuque, to expand the Wash - rescind ington Street Neigh- . 20-11 borhood Conservation etting a District and Historic l for a Preservation Commis- nmence sion recommending March approval. Historic City Manager recom- g. that the boun- daries of the proposed ONS Washington Street are invit- Neighborhood Conser- the City vation District be modi- ing their fied. e on the Communication from ds/Com- Heartland Financial re- mmunity questing that the prop - Advisory erty owned by Dubu- One 3- que Bank and Trust ugh Feb- Company on White (Term of Street be exempted ant: Da- from the Washington 5 Broad- Street Conservation District. is to the Motion by Connors to •ds/Com- receive and file the documents and that I Board: the requirement that a terms proposed ordinance be 16, 2014 considered and voted lard and on for passage at two Council meetings prior :s: Gary to the meeting at iuscatine which it is to be passed im Giese, be suspended. t. Motion Seconded by Lynch. 7eive and Planning Services Man - tents and ager Laura Carstens Hillard and Housing and Corn - se to the munity Development oard for Director David Harris through provided a slide pre- 2014. sentation that re - Connors. viewed the neighbo- 16-0. rhood's revitalization Relation- and demolition area. lry Com- Carstens further ex- e 3-year plained the conserva- February tion district's economic n of Mill- and social value and ints: Jill the effect of the desig- 1 Nevada nation. Motion carried hyllis Lee, 6-0. view Ave- Motion by Connors for I call vote, final consideration and was ap- passage of Ordinance :he Sister No. 15-11, including the ships Ad- recommended modifi- Lission for cations by the City n through Manager, Amending Ti- )14. tle 16 of the City of Du - Advisory buque Code of Ordi- -year term nances, Unified Devel- 30, 2011 opment Code, by ;roissant). amending Article 10- R.S. Stew- 11-A-4 pertaining to ex- mit Street. pansion of the Wash- :onnors to ington Street Neigh - file the borhood Conservation 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: March 02, 2011, and for which the charge is $305.79. Subscb, ed to before me, a Notary Public in and for Dubuque County, Iowa, this 3,, day of , 20 // . MAAYK,W Commitoion Numner 1 ager recommending approval of the Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees for Fiscal Years 2012, 2013 and 2014. Motion by Con- nors to receive and file the documents and adopt Resolution No. 65-11 Approving Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees 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 serv- ice would be eliminat- ed from the new plan. Motion carried 6-0. Safe Community Task Force Recommenda- tions Implementation - Boarded -Up Windows and Doors Ordinance: City Manager recom- mending adoption of a Boarded -Up Openings Ordinance that estab- lishes 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 ordi- nance be considered and voted on for pas- tary Public in and for Dubuque County, Iowa. sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. The City Manag- er clarified that the or- dinance grandfathers existing properties and applies to future prop- erties. Planning Serv- ices Manager ex- plained the discussion behind the evolution of the ordinance and how it applies to and affects commercial and resi- dential structures. Mo- tion carried 6-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 16-11 Amending the City of Dubuque Code of Ordinances Ti- tle 14 Building and De- velopment, Chapter 1 Building Codes, Article A Building Code and Regulations by adopt- ing a new Section 14- 1A-5 Exterior Security and Appearance of Buildings, Establishing Requirements for the Exterior Security and Appearance of Build- ings. Seconded by Braig. Motion carried 6-0. 2011 Federal Legisla- tive Priorities: City Manager recommend- ing approval of the Fis- cal Year 2011 Federal Legislative Priorities. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Resnick. Motion car- ried 6-0. Sister City Relation- ships Advisory Com- mission: Appointment of a City Council repre- sentative to the Sister City Relationships Ad- visory Commission. Motion by Lynch to re- ceive and file the docu- ments and appoint Connors as the repre- sentative. Seconded by Connors. Motion car- ried 6-0. Fourth Ward Vacancy:• City Attorney transmit- ting information re- garding the filling of the vacancy in the of- fice of Fourth Ward City Council Member. Motion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 66-11 Resolu- tion of Intent to fill a vacancy in the office of Fourth Ward City Coun- cil Member by appoint- ment. Seconded by Braig. Motion carried 6-0. Following discussion, City Council reached consensus on the proc- ess of accepting letters of interest/resumes from residents of the Fourth Ward through the City Clerk's Office by 5:00 p.m. on Mon- day, March 7 with in- terviews scheduled for a special session on Saturday, March 12 at 10:00 a.m. in the His- toric Federal Building. Appointment will be made at the March 21, 2011 regular meeting. CLOSED SESSION Motion by Jones to go into closed session re- garding pending litiga- tion and property ac- quisition 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 fur- ther business upon mo- tion the City Council adjourned at 8:15 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 3/2