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3 07 11 City Council Proceedings Official _Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on March 7, 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 that this was a special meeting of the City Council called for the purpose of discussing Sustainable Dubuque. WORK SESSION Sustainable Dubuque Sustainable Coordinator Cori Burbach, Dubuque 2.0 representative Eric Dregne, and Smarter Sustainable Dubuque Coordinator David Lyons presented the Sustainable Dubuque Quarterly Progress Report. Ms. Burbach reviewed the 11 principles of sustainability: healthy air, clean water, native plants and animals, regional economy, smart energy use, resource management, community design, green buildings, healthy local foods, community knowledge, and reasonable mobility. Ms Burbach further described city and community activities, projects, and their successes. Mr. Dregne provided information on Dubuque 2.0 partnerships, funding organizations, steering committee membership, and the tools/activities used to engage the community in sustainable practices and measure progress. Mr. Lyons described the research results and measureable data from Smarter Sustainable Dubuque in the areas of water, electricity, gas, smarter travel, and the Green and Healthy Homes Collaborative. Responding to questions from City Council, Van Milligen stated that this is not a City program but a community program as evidenced by the many Dubuque 2.0 partnerships and expansive steering committee membership. Lyons and Dregne further described how Sustainable Dubuque has become the central communication tool, which is available through several partner venues and portals and what information is available to citizens through those portals. There being no further business, upon motion the City Council adjourned at 6:21 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 7, 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 Reverend Kurt Hansen of New Hope Lutheran Church. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/25; Cable Community Teleprogramming Commission of 1/4; City Council of 2/17, 2/22, 2/24, 2/28 and 3/1; Historic Preservation Commission of 2/17; Housing Code Appeals Board of 1/18; Library Board of 1/27; Long Range Planning Advisory Commission of 2/16; Park and Recreation Commission of 2/8 Proof of publication of City Council Proceedings of February 7, 9 and 17, 2011 Upon motion the documents were received and filed. Notice of Claims/Suits: Pam Sisler for personal injury; Zac and Amy Scherrman for property damage; Elizabeth L. Young for vehicle damage; Mamavi Mathey-Apossan for property loss; Oak Park Place 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: Tyler Hoyt for vehicle damage; Pam Sisler for personal injury; Elizabeth L. Young for vehicle damage. Upon motion the documents were received, filed, and concurred. Federal Emergency Management Agency (FEMA): Communication from Richard Leonard, FEMA, advising that the City’s PAL designation will expire on May 17, 2011 and that all necessary documentation required to demonstrate that the Dubuque Local Flood Protection Project Levee is in full compliance with Code of Federal Regulations needs to be submitted by that date. Upon motion the document was received and filed. TM: Circles Program: Contract with Move the MountainCity Manager recommending approval of the contract with the Move the Mountain Leadership Center for services TM related to implementation of the Circles initiative. Upon motion the documents were received, filed, and approved. Iowa Department of Transportation Agreement: City Manager recommending approval of an Iowa Department of Transportation Agreement for new traffic installations at the US 151/61 intersection with Maquoketa Drive. Upon motion the documents were received and filed and Resolution No. 68-11 Approving the Iowa Department of Transportation Federal Aid Agreement for a Surface Transportation Program Project (Agreement No. 6-10-STPU-02) between the Iowa Department of Transportation and the City of Dubuque for the US 61/151 Corridor Project was adopted. RESOLUTION NO. 68-11 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID AGREEMENT FOR A SURFACE TRANSPORTATION PROGRAM PROJECT (AGREEMENT NO. 6-11-STPU-02) BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Iowa DOT (STP) funds for the US 61/151 Corridor Project; and Whereas, the US 61/151 Corridor Project will provide for the following improvements: New traffic signalizations on US 61/151 at the intersections of Maquoketa Drive, Twin Valley Drive, and US 52; and the widening and HMA resurfacing on US 61/151 and at each intersection; and Whereas, the Iowa DOT Surface Transportation Program (STP) funds will be eligible to complete said improvements to the US 61/151 Corridor Project, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal-Aid Agreement for a Surface Transportation Program Project (Agreement 6-11-STPU-12) between the City of Dubuque and the Iowa Department of Transportation be approved for new traffic signalizations on US 61/151 at the intersections of Maquoketa Drive, Twin Valley Drive, and US 52, and the widening and HMA resurfacing on US 61/151 and at each intersection. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal-Aid Agreement for a Surface Transportation Program Project (Agreement 6-11-STPU-12) for the US 61/151 Corridor Project in Dubuque. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk stnd Central Avenue Water Service Lateral Project (21 to 32 Street): City Manager st recommending acceptance of the Central Avenue Water Service Lateral Project (21 to nd 32 Street) as completed by Drew Cook & Sons Excavating Co., Inc., in the final 2 contract amount of $476,035.00 and adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 69-11 Accepting the Central Avenue Water Service Lateral Project and authorizing payment of the contract amount to the contractor and Resolution No. 70-11 Adopting the final stnd assessment schedule for the Central Avenue Water Service Lateral Project (21 to 32 Street) were adopted. RESOLUTION NO. 69-11 STND ACCEPTING THE CENTRAL AVENUE WATER MAIN (21 – 32 STREET) PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Central Avenue Water Main (21st – 32nd Street) Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Water Main Replacement Program appropriation for the contract amount of $476,035.00 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CENTRAL STND AVENUE WATER MAIN (21 – 32 STREET) PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he stnd has inspected the Central Avenue Water Main (21 – 32 Street) Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $526,786.04. rd Dated this 3 day of March, 2011. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of March, 2011. Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 70-11 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CENTRAL AVENUE STND WATER MAIN (21 – 32 STREET) PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached 3 sheet(s), Page 1 to Page 2 inclusive, is hereby approved for the Central Avenue Water stnd Main (21 – 32 Street) Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine percent (9%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA CENTRAL AVENUE WATER SERVICE REPLACEMENT FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: March 7, 2011 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL #; VALUATION WITH IMPROVEMENT; WATER SERVICE PRIVATE LATERAL COSTS; WATER SERVICE PRIVATE LATERAL DEFICIENCY; TOTAL NET ASSESSMENT Leslein, James; Lot 4a & S 1/3 of Lot 5 L H Langworhty’s. Add; 1024252003; $75,000.00; $0.00; $0.00; $0.00 Leslein, James; Bal S 42' Lot 12 L H Langs. Add; 1024207013; $18,422.40; $1,722.40; $0.00; $1,722.40 4 Udelhofen, Janet; E77'4"-S35'-N50' Lot6 & Lot 2-W122'8"-S35' -N50' Lot 6 all in L H Langworthy's Add; 1024135003; $76,715.36; $3,315.36; $0.00; $3,315.36 National Retail Properties LP; Lot 2-1 Beatrice Foods Place; 1024135005; $508,476.68; $7,276.68; -$1,276.68; $6,000.00 Genesis Three Holdings LLC; LH Langs. Add S 35' of S 60' Lot 10 Except Pt For White; 1024207007; $18,200.32; $2,100.32; $0.00; $2,100.32 Genesis Three Holdings LLC; Lot 4-9 L H Lang's Add; 1024207003; $163,490.38; $1,990.38; $0.00; $1,990.38 Gerhard, Curtis L; Lot 3-9 L H Lang's Add; 1024207002; $9,400.00; $0.00; $0.00; $0.00 Plastic Center Inc; Lot 2"B" L H Langworthy’s Add 2204-2204 1/2 & 2206 Central Ave; 1024201006; $243,000.00; $0.00; $0.00; $0.00 Coursey, Wayne M & L Eileen; Lot 1-1-4d L H Langworthy’s Add 2222-2222 1/2 Central Ave; 1024201005; $165,927.17; $2,727.17; -$262.00; $2,465.17 Hartig Realty IV LC; S 20'8" N25'4" Lot 1, S24'8"Lot 1, N4'8" N25'4" Lot 1, S 18' of 2; 1024129037; $460,321.53; $1,121.53; $0.00; $1,121.53 Hartig Realty VI LC; Lot 2 of 4d And Lot 2 of 6f In L H Langworthy's Add; 1024201003; $111,151.06; $2,951.06; - $485.89; $2,465.17 Hartig Realty VI LC; Lot 1 of 1 of 6f In L. H. Langworthy's Add; 1024130011; $47,000.00; $0.00; $0.00; $0.00 Heinold, David M; W 1/2-S 1/2-Lot 8 "H" L H Langworthy's Add; 1024130010; $64,733.72; $2,733.72; -$268.55; $2,465.17 Winter, Jason W; W 1/2-S 1/2-Lot 10 "J" L H Langworthy's Add; 1024130009; $49,663.36; $2,863.36; -$398.19; $2,465.17 Schmitt, Richard W & Judy K; S 1/2 of Lot 8 Tivoli Add; 1024129026; $70,700.88; $2,600.88; $0.00; $2,600.88 Hoist, Rebecca L; Lot 12" L" L H Langworthy's Add; 1024130007; $65,850.31; $1,350.31; $0.00; $1,350.31 Conrad, Jr., Ronald J.; N 1/2 of Lot 8 Tivoli Add; 1024129025; $64,658.38; $2,858.38; $0.00; $2,858.38 Haas, Daniel J & Amanda J; Lot 9 Tivoli Add 2255-2257 Central Ave; 1024129024; $87,867.52; $2,767.52; $0.00; $2,767.52 Jellison, Kelly M Sr. & Dawn M; Lot 1-14n L H Langworthy's Add; 1024130006; $9,973.11; $1,673.11; $0.00; $1,673.11 Helicon Resources LLC; Lot 2 Richardson Place; 1024130001; $77,489.86; $2,789.86; -$324.69; $2,465.17 Carner Properties LLC; Lot 1 Valeria Place No. 2; 1024126032; $157,600.00; $0.00; $0.00; $0.00 Reavis Properties LLC, Dan; Lot 2 Valeria Place No 2; 1024126031; $368,257.80; $1,157.80; $0.00; $1,157.80 Puetz, Joseph F & Jammie L; W 1/2-N 1/2-Lot 20 L H Langworthy's Add; 1013383006; $42,323.74; $2,823.74; - $358.57; $2,465.17 Smothers, Patricia A &; N 1/2-Lot 21 L H Langworthy's Add; 1013383004; $88,163.77; $2,763.77; -$298.60; $2,465.17 City of Dubuque; Lot 4 & N 96' Lot 3 Brewery Add; 1013382001; $399,066.69; $11,726.69; $0.00; $11,726.69 Maro, Gerald F & Janelda R; S 1/2 Lot 2-171 & Lot 1-2-1-171 L H Langworthy’s Add; 1013378024; $42,585.32; $2,685.32; -$220.15; $2,465.17 Schmitz, Lynn F; Lot 1-10 Wullweber Sub; 1013377050; $11,608.36; $1,608.36; $0.00; $1,608.36 Stowers, Michael R; Lot 9 Wullwebers Sub’; 1013377048; $76,570.29; $2,470.29; $0.00; $2,470.29 Smith, Steve J; W 95' Lot 2-172 L H Langworthy's Add; 1013378013; $11,879.69; $1,379.69; $0.00; $1,379.69 Smith, Steve J; Lot 1-172 & W 8' of E 75' Lot 2 of 172 L H Langworthy’s Add; 1013378012; $114,829.98; $2,429.98; $0.00; $2,429.98 Routley, Jonathan J & Mary F; Lot 1-1 F Fosselman’s Sub 2420-2420 1/2 Central Ave; 1013378011; $53,241.86; $2,941.86; -$476.69; $2,465.17 Routley, Jonathan J & Mary F; Lot 2-1 F Fosselmans Sub; 1013378010; $40,600.00; $0.00; $0.00; $0.00 Straub, Harold H.; N 1/2 - E 180 '- Lot 1-6, Jhon King's Dubuque; 1013377046; $113,300.00; $0.00; $0.00; $0.00 Hess, Richard J & Nancy M; N 1/2 Lot 2 Frank Fosselmans; 1013378008; $57,582.03; $2,482.03; -$16.86; $2,465.17 Frommelt, David C; S 1/2 & N 1/2 Lot 3 F Fosselmans Sub; 1013378007; $43,438.41; $4,138.41; $0.00; $4,138.41 Heiderscheit, Benjamin L; Ne 1/4 Lot 8 John King's Dubuque; 1013377044; $45,684.69; $2,884.69; $0.00; $2,884.69 Mootz, Cletus J & Margaret A; N 1/2 Lot 4 & S 12 1/2 Lot 5 Frank Fosselman’s Sub; 1013378005; $74,569.39; $2,369.39; $0.00; $2,369.39 Copeland, Dennis W.; Ne 1/4 Lot 10 Jhon King's Dubuque; 1013377042; $76,026.70; $2,826.70; $0.00; $2,826.70 Sodawasser, Laura; N 15' Lot 6 & S 35' Lot 7 F Fosselman’s Sub; 1013378002; $92,370.12; $2,770.12; -$304.95; $2,465.17 Bries, Jerome A & Susan M; E 1/2-Lot 12, John King's Dubuque; 1013377041; $116,198.99; $2,698.99; $0.00; $2,698.99 Mueller, Robert E & Sharon M; N 34 1/2' Lot 226 & S 25' Lot 227 Davis Farm Add; 1013376018; $90,588.04; 5 $2,188.04; $0.00; $2,188.04 Pluym, Daniel L & Susan E; Lot 1-N 35' of W 170' of Lot 227 Davis Farm Add; 1013376014; $71,715.80; $2,215.80; $0.00; $2,215.80 Paar, Laura K; Lot 2-16-John King's Dubuque; 1013377036; $60,671.90; $2,671.90; $0.00; $2,671.90 Finn, James P & Pamela A; Lot 1-1-2-1-18 John King's Dubuque 2523-2525 Central Ave; 1013377035; $84,400.00; $0.00; $0.00; $0.00 Delire, Stephen P & Janet M; Lots 1,2, & 4 & Lots 1 & 2 of 3 In Dunn's Sub & Lot 2-1-2-1-18 John Kings Dubuque; 1013377034; $281,200.00; $0.00; $0.00; $0.00 Dubuque Community School; Lots 231, 232, 233, 234, & 235 Lots 1 & 2 of 230, N 28'-Lot 229, & S 1/2-Lot 236; 1013376020; $749,571.73; $1,991.73; $0.00; $1,991.73 Even, John W. & Sandra; Lot 1-1-1-241 Davis Farm Add; 1013314020; $67,139.87; $3,539.87; $0.00; $3,539.87 Shappel, John J & Theresa M; Lot 2-2 of 238 Davis Farm Add; 1013376001; $69,581.93; $1,681.93; $0.00; $1,681.93 Silvestri, Michael A & Dorothy; Lot 1-243 Davis Farm Add; 1013314018; $25,342.00; $2,762.00; $0.00; $2,762.00 Genesis Two Holdings LLC; S 1/2-269 Davis Farm Add; 1013328016; $65,361.98; $2,261.98; $0.00; $2,261.98 Hess, Richard J & Nancy M; E 1/2 of Lot 246 Davis Farm Add; 1013314014; $46,104.74; $2,604.74; $0.00; $2,604.74 Harrison, Gloria & James W; Lot 247 Davis Farm Add; 1013314012; $61,594.95; $2,794.95; $0.00; $2,794.95 Luher, Kathryn Marie; Lot 248 Davis Farm Add; 1013314011; $74,043.12; $2,743.12; $0.00; $2,743.12 Wedert, Joseph W & Kathleen M; N 1/2-E 1/2-272 Davis Farm Add; 1013328022; $64,300.00; $0.00; $0.00; $0.00 Matlock Larry & Jean; Lot 249 Davis Farm Add; 1013314010; $28,198.49; $2,198.49; $0.00; $2,198.49 Kuhle, Mark J & Karen M; W 85'-S 1/2-274 Davis Farm Add; 1013328006; $49,467.20; $1,667.20; $0.00; $1,667.20 Then, Richard Henry; N 28'-275 Davis Farm Add; 1013328003; $61,702.61; $2,102.61; $0.00; $2,102.61 Schmitt, Gary C & Mary Lou; E 1/2 of Lot 250 Davis Farm Add; 1013314009; $55,359.91; $2,759.91; $0.00; $2,759.91 Hess, Randall J & Shirley M; Lot 251 & S 1/2 of Lot 252, Davis Farm Add.; 1013307024; $34,833.97; $3,573.97; $0.00; $3,573.97 Vogt, Emil F. & Delaine; Lot 253 & N 1/2 of Lot 252, Davis Farm Add; 1013307023; $3,194.65; $1,394.65; - $595.99; $798.66 Jones, James C Jr. & Shirley A; Lot 1-W 170'-278 Davis Farm; 1013308010; $76,897.74; $1,997.74; $0.00; $1,997.74 Vogt, Delaine A; Lot 254, Davis Farm Add.; 1013307022; $67,240.81; $2,440.81; $0.00; $2,440.81 Schmitt, Eugene F Jr. &; Lot 2-W 170' of Lot 278 Davis Farm Add; 1013308009; $61,427.96; $2,027.96; $0.00; $2,027.96 Kaune, David M; W 170'-279 Davis Farm Add; 1013308008; $62,196.43; $1,496.43; $0.00; $1,496.43 Farfan, Santos L & Salome; Lot 255 David Farm Add; 1013307021; $17,049.96; $1,549.96; $0.00; $1,549.96 Farfan, Santos L & Salome; S 1/2 of Lot 256 Davis Farm Add 2735-2735 1/2 Central Ave; 1013307020; $64,200.00; $0.00; $0.00; $0.00 Schromen, Eldon L & Mildred; W 170'-280 Davis Farm Add; 1013308007; $103,996.76; $2,396.76; $0.00; $2,396.76 Brimeyer, Randall J; Lot 257 Davis Farm Add; 1013307017; $49,033.76; $2,833.76; $0.00; $2,833.76 Wlochal, Dale G & Linda Ann; Lot 258 Davis Farm Add; 1013307016; $64,617.39; $2,717.39; $0.00; $2,717.39 Weiner, Joseph J & Catalina C; S 1/2-W 170'-281 Davis Farm; 1013308006; $78,610.08; $2,520.08; -$54.91; $2,465.17 O'brien, Raymond C & Mary; N 1/2 - W 170'-281 Davis Farm Add; 1013308005; $60,116.24; $2,096.24; $0.00; $2,096.24 Jaeger, Theodore L & Agnese L; W 170'-1-282, & W 170'-S 1/2 of 283 Davis Farm Add; 1013308003; $80,840.05; $1,640.05; $0.00; $1,640.05 Koster, Randall J. & Susan M.; Lot 262 Davis Farm Add; 1013307012; $84,529.32; $2,429.32; $0.00; $2,429.32 Barger, Shauntae D; S 23.5' of E 112' of Lot 263 Davis Farm Add; 1013160002; $58,299.45; $2,599.45; $0.00; $2,599.45 Wittman, Marlin L & Fonda F; W 84'-W 170'-287 Davis Farm; 1013156015; $74,900.00; $0.00; $0.00; $0.00 Tittle, Robert G & Mary L; S 1/2-W 170'-288 Davis Farm; 1013156014; $53,723.75; $2,323.75; $0.00; $2,323.75 Schmitt, Darlene M & Willis C; Lot 2-265 Davis Farm Add; 1013155012; $75,474.25; $2,574.25; $0.00; $2,574.25 Sarris - Matheos, Debbie S. & Michael; Lot 2-W 170' - 290 Davis Farm; 1013156010; $84,295.20; $2,395.20; $0.00; $2,395.20 Maus, Richard A & Neva M; N 1/2-W 170'-291 Davis Farm; 1013156008; $71,199.39; $2,499.39; -$34.22; $2,465.17 Dietz, Donald J & Susan M; S 39'6" of Lot 2 G R West's Dubuque; 1013155007; $62,176.20; $2,076.20; $0.00; $2,076.20 6 Pothoff, Alvin J & Kathryn E &; N 20.5' of Lot 2 & S 3' of Lot 3 G R West's Add; 1013155006; $60,849.23; $2,149.23; $0.00; $2,149.23 Pothoff, Alvin J & Kathie E &; Lot 2 of N 57' of Lot 3 in G R West’s Add; 1013155005; $51,927.77; $2,227.77; $0.00; $2,227.77 Avenarius, Harold; Lot 1 of N 57' of Lot 3 in G R West's Add; 1013155004; $33,300.33; $2,200.33; $0.00; $2,200.33 Keuter, Mark & Jessica; W 1/2-294 Davis Farm Add; 1013156004; $87,635.98; $2,415.98; $0.00; $2,415.98 Johnson, Keith A; W 80'-E 1/2-294 Davis Farm Add; 1013156018; $94,243.14; $2,443.14; $0.00; $2,443.14 Reiff, Albert J & Melissa L; Lot 1-N 2'-W 170' of 295 & Lot 1-1 W 170' of 296 Davis Farm Add 2880-2882 Central Ave; 1013156002; $90,581.89; $2,481.89; -$16.72; $2,465.17 Puetsch, Timothy A; W 85' of W 170' of Lot 297 Davis Farm Add; 1013152014; $76,644.02; $2,344.02; $0.00; $2,344.02 Kernall, Kris D & Mary K; N 30' of W 170' of Lot 298 Davis Farm Add; 1013152012; $64,820.91; $1,520.91; $0.00; $1,520.91 Paragon Llc; Lot 1-1 Paragon Square; 1013155016; $253,771.23; $4,278.23; $0.00; $4,278.23 Gateways to Home; S 1/2 of W 170' of 301 Davis Farm Add; 1013152009; $68,951.77; $2,351.77; $0.00; $2,351.77 Henkels, Francis Wm; S 1/2 of W 170' of Lot 302 Davis Farm Add; 1013152007; $97,217.72; $2,217.72; $0.00; $2,217.72 Vonhollen, Herbert C & Verna; N 1/2 of W 170' of Lot 302 Davis Farm Add; 1013152006; $69,578.58; $2,278.58; $0.00; $2,278.58 Otting, Jasen & Tracy; Lot 13 G R West’s Add; 1014232030; $85,347.00; $2,347.00; $0.00; $2,347.00 Staver, Christopher T; Lot 2 of Lot 308 Davis Farm; 1013151006; $11,893.93; $1,293.93; $0.00; $1,293.93 Schroeder, Richard J & Lois J; Lot 14 G R West’s Dub Add; 1014232029; $53,024.00; $2,424.00; $0.00; $2,424.00 Hartzell, Craig H & Rose A; W 170' of Lot 309 Davis Farm; 1013151002; $146,774.95; $1,574.95; $0.00; $1,574.95 Duggan, Dustan J; W 170' of Lot 310 Davis Farm Add; 1013151001; $130,334.48; $2,034.48; $0.00; $2,034.48 Lewin, Jennifer L; Lot 16 G R West’s Add; 1014232027; $96,200.00; $0.00; $0.00; $0.00 Miller, Franklin W Jr. & Sheree; W 170' of Lot 312 Davis Farm; 1014233015; $116,108.72; $2,308.72; $0.00; $2,308.72 Eisbach, Dorothy; W 85' of W 170' of Lot 313 Davis Farm Add; 1014233011; $84,942.73; $2,242.73; $0.00; $2,242.73 Stiles, Jeff & Mindy; Lot 17 G R West’s Add; 1014232026; $20,700.00; $0.00; $0.00; $0.00 Stiles, Jeff & Mindy; Lot 18 G R West’s Add; 1014232025; $114,200.78; $3,100.78; $0.00; $3,100.78 Stiles, Jeff Johnston; W 100' of N 50' of W 170' of Lot 315 Davis Farm Add; 1014233009; $74,147.65; $2,247.65; $0.00; $2,247.65 Deutsche Bank Natl. Tr. Co. Ocwen Loan Servicing LLC; W 170' of Lot 316 Davis Farm Add; 1014233008; $77,137.78; $2,237.78; $0.00; $2,237.78 Lau, Brian A; W 170' of Lot 317 Davis Farm; 1014233007; $118,444.36; $2,114.36; $0.00; $2,114.36 Brennan, Michael & Knockel; Lot 22 And S 45' of Lot 23 in G R West’s Add; 1014232021; $120,299.98; $4,899.98; $0.00; $4,899.98 Hohl, Theodore R & Muriel; Lot 1 Kretz Corner; 1014233018; $445,500.00; $0.00; $0.00; $0.00 Property Acquisition – 2349 and 2350 Elm Street: City Manager recommending approval of the acquisition of property located at 2349 and 2350 Elm Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 71-11 Approving the acquisition of real estate owned by Jerry A. Spiegelhalter in the City of Dubuque was adopted. RESOLUTION NO. 71-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JERRY A. SPIEGELHALTER IN THE CITY OF DUBUQUE Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan;” and Whereas,a purchase agreement has been finalized with the owner of the property scheduled for 7 acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2-1-2-1-106 L H Langworthy’s Add AND Lot 1-2-106 L H Langworthy’s Add, in the City of Dubuque, Dubuque County, Iowa, At the cost of Eighty Five Thousand and 00/100 Dollars ($85,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adoptedthis 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Property Acquisition – 2113 Kniest Street: City Manager recommending approval of the acquisition of property located at 2113 Kniest Street for additional green space along the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 72-11 Approving the acquisition of real estate owned by Lloyd P. Schmitt and Joann L. Schmitt in the City of Dubuque was adopted. RESOLUTION NO. 72-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LLOYD P. SCHMITT AND JOANN L. SCHMITT IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan;” and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1-1-11 L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of Dubuque, Dubuque County, Iowa, the cost of Twenty Seven Thousand Five Hundred and 00/100 Dollars ($27,500.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of the Resolution. 8 Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adoptedthis 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Property Acquisition – 2117 Kniest Street: City Manager recommending approval of the acquisition of property located at 2117 Kniest Street for additional green space along the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 73-11 Approving the acquisition of real estate owned by Robert F. Atkinson and Brenda L. Atkinson in the City of Dubuque was adopted. RESOLUTION NO. 73-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROBERT F. ATKINSON AND BRENDA L. ATKINSON IN THE CITY OF DUBUQUE Whereas,the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan;” and Whereas,a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 5 of the Subdivision of Lot 11 in L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of Dubuque, Dubuque County, Iowa, at the cost of Twenty Two Thousand Five Hundred and 00/100 Dollars ($22,500.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adoptedthis 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Land and Water Conservation Fund (LWCF) Grant: City Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant application for the Bee Branch Creek Outdoor Classroom project. Upon motion the documents were received and filed and Resolution No. 74-11 Approving a LWCF Grant application to the Iowa Department of Natural Resources for the Bee Branch Creek Outdoor Classroom was adopted. RESOLUTION NO. 74- 11 APPROVING A LWCF GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE BEE BRANCH CREEK OUTDOOR CLASSROOM, COUNTY: DUBUQUE Whereas, the City of Dubuque, Iowa, is interested in developing outdoor recreational facilities on 9 the following described project for the enjoyment of the citizenry of City of Dubuque, Iowa, and the State of Iowa: Project Title: Bee Branch Creek Outdoor Classroom Total Estimated Cost: $382,000 Brief Description of Project: The Bee Branch Creek Outdoor Classroom is space set aside in a linear park along the Bee Branch Creek Restoration Project. The Creek restoration will enhance the value and function of the natural stream ecosystem, while incorporating bike/hike trails, lighting, benches, trees, landscaping, a public urban orchard and community gardens, and an amphitheater for the Outdoor Classroom adjacent to Audubon Elementary School. In this Outdoor Classroom, students and adults can learn about stream improvements and riparian habits through a hands-on experience. The project also will provide an interactive opportunity for students and adults to learn how math, literature, history, art, and music are influenced by nature. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. Section 2. That the City of Dubuque makes application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 46% of the actual cost of the project in behalf of said City of Dubuque. Section 3. That the City of Dubuque certifies to the following: 1. That it will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Dubuque for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88-352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: Communication to Senator Pam Jochum requesting that the $300,000 State Transit Assistance (STA) Rebuild Iowa Infrastructure funds be maintained. Communication to Senator Tom Harkin, Senator Chuck Grassley and Congressman Bruce Braley regarding funding threats to the Community Development Block Grant program. 10 Upon motion the documents were received and filed. Iowa Department of Natural Resources Aquatic Education Program Grant: City Manager recommending approval of an Iowa Department of Natural Resources Aquatic Education Program Grant Application. Upon motion the documents were received, filed, and approved. Intermodal Contract Amendment: City Manager recommending approval to amend the contract with IIW for selection of an intermodal site to cover the extra work for Archeological Services in the amount of $5,438.51 and Environmental Services in the amount of $15,400.00. Upon motion the documents were received, filed, and approved. State of Iowa Direct Financial Assistance Contract for Sedgwick Claims Management Services, Inc.: City Manager recommending approval of a contract with the Iowa Department of Economic Development (IDED) for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Sedgwick Claims Management Services, Inc. Upon motion the documents were received and filed and Resolution No. 75-11 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Department of Economic Development, the City of Dubuque, and Sedgwick Claims Management Services, Inc., was adopted. RESOLUTION NO. 75-11 APPROVING AN IOWA VALUES FUND FINANCIAL ASSISTANCE CONTRACT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. Whereas, Sedgwick Claims Management Services, Inc., application was approved by the Iowa Department of Economic Development on August 19, 2010; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval a contract relating to Iowa Values Fund Financial Assistance benefits for Sedgwick Claims Management Services, Inc., a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed contract is acceptable and necessary to the growth and development of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Economic Development Iowa Values Fund Financial Assistance contract, Number 11-IVF/TC-010, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Contract on behalf of the City of Dubuque and forward the executed copy to the Iowa Department of Economic Development for their approval. th Passed, approved, and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Partial Release of Mortgage – River Valley Nursery: City Manager recommending approval of a partial release of the mortgage on River Valley Nursery’s property to facilitate sale of a lot to Habitat for Humanity. Upon motion the documents were received and filed and Resolution No. 76-11 Approving a partial release of mortgage for River Valley Nursery and Landscape, Inc., was adopted. 11 RESOLUTION NO. 76-11 APPROVING A PARTIAL RELEASE OF MORTGAGE FOR RIVER VALLEY NURSERY AND LANDSCAPE, INC. Whereas, River Valley Nursery and Landscape operates a business at 2813 Jackson Street; and Whereas, the City of Dubuque approved an Urban Development Action Grant (UDAG) loan to Dubuque Nursery and Landscape on April 5, 2004; and Whereas, the Company has requested a partial release of the mortgage to facilitate a sale of a parcel to Habitat for Humanity to construct a house. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the partial release of mortgage for River Valley Nursery and Landscape, Inc., is hereby approved. Section 2. That the City Manager is authorized to execute, on behalf of the City of Dubuque, Iowa, said partial release of mortgage in substantially the form attached hereto, but with such changes as the City Manager, with the assistance of the City Attorney, find to be appropriate, the City Manager’s execution thereof to constitute this City Council's approval of said partial mortgage release. Passed, approved and adopted this 7th day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West (South Siegert Farm) Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for the design, consulting and engineering services for the Dubuque Industrial Center West – South Siegert Farm Addition. Upon motion the documents were received, filed, and approved. Journal of Emergency Dispatch: Copy of Journal of Emergency Dispatch that features the Dubuque Communications Center annual Hills and Dales Christmas Celebration. Upon motion the document was received and filed. Code of Ordinances – Supplement No. 4: City Manager recommending approval of Supplement No. 4 to the Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 77-11 Adopting Supplement No. 4 to the Code of Ordinances was adopted. RESOLUTION NO. 77-11 ADOPTING SUPPLEMENT NO. 4 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa, in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa, has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 4 of the Code of Ordinances of the City of Dubuque, Iowa, covering changes to Chapter 16 – Unified Development Code, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa, is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. 12 th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Bunker Hill Golf Course Cart Lease Agreement: City Manager recommending approval of a lease agreement with Yamaha Commercial Customer Finance for sixty golf carts for the Bunker Hill Golf Course for a period of six golf seasons. Upon motion the documents were received, filed, and approved. st Dubuque Community School District’s 21 Century Learning Grant Application: City Manager st recommending support for the Dubuque Community School District’s 21 Century Learning Grant Application and submission of a Letter of Support. Upon motion the documents were received, filed, and approved. Mississippi River Water Quality Center: City Manager recommending approval of letters of support for a potential Mississippi River Water Quality Center to be located in Dubuque. Upon motion the documents were received, filed and approved. Signed Contracts: 975 Central Parking Ramp Change Orders. 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. 78- 11 Granting the issuance of a Class “B” Beer Permit to Panchero’s Mexican Grill and a Class “C” Beer Permit to Ron’s Five Point Mart, Hy-Vee #3, Hy-Vee Gas #3, and Big 10 Mart; and Resolution No. 79-11 Granting the issuance of a Class “C” Beer/Liquor License to Eagle Club, Mystique Casino, Bulldog Billiards and Tantra Thai Bistro; a Class “B” Wine Permit to Tantra Thai Bistro, Hy-Vee #3 and Hy-Vee Gas #3; and a Class “WBN” Native Wine Permit to Big 10 Mart and Bluff Street Brew Haus were adopted. RESOLUTION NO. 78-11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT Central Coast Hospitality Panchero’s Mexican Grill 4840 Asbury Rd. +(Sunday/Outdoor Sale) CLASS “C” BEER PERMIT R Future, Inc. Ron’s Five Point Mart 405 Rhomberg Ave. +(Sunday Sale) Hy-Vee, Inc. Hy-Vee # 3 +(Sunday Sale) 400 Locust Street Hy-Vee, Inc. Hy-Vee # 3 Gas +(Sunday Sale) 300 Locust Street Molo Oil Company Big 10 Mart +(Sunday Sale) 2100 JFK Road Passed, approved and adopted this 7th day of March, 2011. 13 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 79-11 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 DBQ Fraternal Order Eagles Eagle Club +(Sunday Sale) 1175 Century Dr. Dubuque Racing Association Mystique Casino 1855 Greyhound Park +(Sunday/Outdoor Sale) Bulldog Billiards, Inc. Bulldog Billiards +(Sunday Sale) 1850 Central Ave. Three Samurai in IA, Inc. Tantra Thai Bistro +(Sunday Sale) 2055 Holliday Dr. CLASS “B” WINE Three Samurai in IA, Inc. Tantra Thai Bistro 2055 Holliday Dr. Hy-Vee, Inc. Hy-Vee # 3 400 Locust St. Hy-Vee, Inc. Hy-Vee # 3 Gas 300 Locust St. CLASS “WBN” NATIVE WINE Molo Oil Company Big 10 Mart 2100 JKK Rd. Jerry Anderson Bluff Street Brew Haus 372 Bluff St. th Passed, approved and adopted this 7 day of March, 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 Connors. Motion carried 6-0. CARADCO – Development Agreement: City Manager recommending that a public hearing be set for March 21, 2011 to consider approval of entering into a Development Agreement with CARADCO Building, LLLP, for the purpose of redeveloping the property located at 900 Jackson Street. Upon motion the documents were received and filed and Resolution No. 80-11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with CARADCO Building, LLLP, 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 21, 2011 in the Historic Federal Building. 14 RESOLUTION NO. 80-11 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH CARADCO BUILDING, LLLP, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and CARADCO Building, LLLP, have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City th Clerk, City Hall, 13 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 Development Agreement, with CARADCO Building, LLLP; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; 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 Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent st authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 21 day of March, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with CARADCO Building, LLLP, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Plastic Center, Inc., pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $2,500,000. 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. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Nottingham Properties, LLC – Development Agreement: City Manager recommending that a public hearing be set for March 21, 2011 to consider approval of entering into a Development Agreement with Nottingham Properties, LLC, for the purpose of redeveloping property located at 485 Locust Street. Upon motion the documents were received and filed and Resolution No. 81-11 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of 15 Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Nottingham Properties, LLC, 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 21, 2011 in the Historic Federal Building. RESOLUTION NO. 81-11 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH NOTTINGHAM PROPERTIES, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Nottingham Properties, LLC, have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City th Clerk, City Hall, 13 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 Development Agreement, with Nottingham Properties, LLC.; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; 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 Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to st authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 21 day of March, th 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6 St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Nottingham Properties, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic development grants to Nottingham Properties, LLC, pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $75,000. 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 [provded] hereto. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 16 Iowa 32 Hike / Bike Trail Phase 3 Project: City Manager recommending initiation of the public bidding process for the Iowa 32 Hike / Bike Trail Phase 3 Project and that a public hearing be set for March 21, 2011. Upon motion the documents were received and filed and Resolution No. 82-11 Preliminary approval of plans, 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 for the Iowa 32 Hike / Bike Trail Phase 3 Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 21, 2011 in the Historic Federal Building. RESOLUTION NO. 82-11 IOWA 32 HIKE / BIKE TRAIL, PHASE 3 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the Iowa 32 Hike / Bike Trail, Phase 3 Project, in the estimated amount $200,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of March, 2011, at 6:30 p.m. in the Council Chambers, second floor of the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and 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 plans, specifications, form of contract, or estimated cost of the Project. The Iowa 32 Hike / Bike Trail, Phase 3 Project, is hereby ordered to be advertised for bids for construction. 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 construction of 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 not more than forty-five days before the date for filing bids before 2:00 p.m. on the 24th day of March, 2011. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City th Council for final action at 6:30 p.m. on the 4 day of April, 2011, in Council Chambers, second floor of th the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk stnd Central Avenue HMA Resurfacing Project from 21 to 32 Street: City Manager recommending st initiation of the public bidding process for the Central Avenue HMA Resurfacing Project from 21 to nd 32 Street and that a public hearing be set for March 21, 2011. Upon motion the documents were received and filed and Resolution No. 83-11 Preliminary approval of plans, 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 for the Central Avenue HMA 17 stnd Resurfacing Project from 21 to 32 Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 21, 2011 in the Historic Federal Building. RESOLUTION NO. 83-11 STND CENTRAL AVENUE HMA RESURFACING PROJECT, FROM 21 TO 32 STREET (IOWA DOT PROJECT NO. STPN-052-2 (106)--2J-31) PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the Central Avenue stnd HMA Resurfacing Project, from 21 to 32 Street (Iowa DOT Project No. STPN-052-2 (106)--2J-31), in the estimated amount $1,655,782.75, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of March, 2011, 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 plans and 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 plans, specifications, form of contract, or estimated cost of the Project. stnd The Central Avenue HMA Resurfacing Project, from 21 to 32 Street, (Iowa DOT Project No. STPN-052-2 (106)--2J-31) is hereby ordered to be advertised for bids for construction. 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 construction of 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 2:00 p.m. on the 29 day of March, 2011. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City th Council for final action at the public hearing at 6:30 p.m. on the 4 day of April, 2011, in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1: City Manager recommending initiation of the public bidding process for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1 and that a public hearing be set for March 21, 2011. Upon motion the documents were received and filed and Resolution No. 84-11 Preliminary approval of plans, 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 for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 21, 2011 in the Historic Federal Building. 18 RESOLUTION NO. 84-11 PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE NO. 1 TRANSIENT DOCKS AND UTILITIES PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, 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 plans, specifications, form of contract and estimated cost for the Port of Dubuque Marina Project, Bid Package No. 1 – Transient Docks and Utilities, in the estimated amount $4,126,752.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. st A public hearing will be held on the 21 day of March, 2011 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 plans and 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 plans, specifications, form of contract, or estimated cost of the Project. The Port of Dubuque Marina Project, Bid Package No. 1 – Transient Docks and Utilities is hereby ordered to be advertised for bids for construction. 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 construction of 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 2:00 p.m. on the 7 day of April, 2011. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City th Council for final action at 6:30 p.m. on the 18 day of April, 2011, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 7 day of March, 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: Zoning Board of Adjustment: One 5-year term through March 26, 2016 (Term of Klauer). Applicant: Randall Klauer, 2437 Matthew John Drive. Appointments to 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. Motion by Braig to appoint David Shaw to the Community Development Advisory Commission for a 3-year term through February 15, 2014. Seconded by Connors. Motion carried 6-0. 19 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Sanitary Sewer Easement – Faley Properties, LLC: Proof of publication on notice of public hearing 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 and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 85-11 Approving the disposal of a sanitary sewer easement in the Dubuque Industrial Center North First Addition to Faley Properties, LLC, and Faley Enterprises, Inc. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 85-11 APPROVING THE DISPOSAL OF A SANITARY SEWER EASEMENT IN THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO FALEY PROPERTIES, LLC, AND FALEY ENTERPRISES, INC. 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 th Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Sanitary Sewer Easement to Faley Properties, LLC, and Faley Enterprises, Inc., would be in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Sanitary Sewer Easement to Faley Properties, LLC, and Faley Enterprises, Inc., 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, the attached Sanitary Sewer Easement with Faley Properties, LLC, and Faley Enterprises, Inc. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa all necessary documents in accordance with the terms and conditions of the executed easement. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F Schneider, CMC, City Clerk Greater Downtown Urban Renewal District: Proof of publication on notice of public hearing to consider an amendment to the Greater Downtown Urban Renewal District to include the South Bluff Street Subarea and City Manager recommending approval. Long Range Planning Advisory Commission recommending approval of the amended and restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Motion by Braig to receive and file the documents and adopt Resolution No. 86-11 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried 6-0. 20 RESOLUTION NO. 86-11 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on January 18, 2011 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, on file in the City Clerk's Officeand made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center Economic Development District: Proof of publication on notice of public hearing to consider an amendment to the Dubuque Industrial Center Economic Development District and City Manager recommending approval. Long Range Planning Advisory Commission recommending approval of the amended and restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District. Motion by Connors to receive and file the documents and adopt Resolution No. 87-11 Approving the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 87-11 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT. Whereas, on January 18, 2011 the City Council of the City of Dubuque, Iowa set a public hearing to approve an Amended and Restated Urban Renewal Plan (the "Plan") for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to add a Subarea E, commonly known as the South Siegert Farm; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and 21 Whereas, the County of Dubuque approved an agreement with the City to allow for land in the County to be included in a City Urban Renewal District; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, on file in the City Clerk's Officeand made reference to herein and the addition of Subarea E, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa, is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. th Passed, approved and adopted this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fire Hydrant Painting Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for Phase I of the Fire Hydrant Painting Program and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 88-11 Approval of the plans and specifications, form of contract, and estimated cost for the Fire Hydrant Painting Project. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 88-11 CITY OF DUBUQUE, IOWA, WATER DEPARTMENT FIRE HYDRANT PAINTING PROJECT APPROVAL OF SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR PHASE I OF THE FIRE HYDRANT PAINTING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed specifications and form of contract filed with the City Clerk and estimated cost for Phase I of the Fire Hydrant Painting Project, in the estimated amount of $90,000, are hereby approved. th Passed, adopted and approved this 7 day of March, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Dubuque Initiatives: Bill Callahan, Dubuque Initiatives Board President, to provide a presentation on the Roshek Project. Motion by Connors to receive and file the information. Seconded by Braig. Mr. Callahan provided a verbal report regarding the Roshek Project stating that the project was on track, there remains 60,000 sq. ft. of space available for lease, and that the project has received several awards including the LEED Gold certification. Heather Deininger of Honkamp Krueger Co. reviewed financial sources, uses, costs and fees related to the project. Motion carried 6-0. Rose of Dubuque Project: City Manager recommending approval of a letter of support and the IFA form committing to a local financial commitment of $19,355 per year for ten years through the utilization of Tax Increment Financing for the Rose of Dubuque Project. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Braig asked that 22 wording related to the City’s green initiatives be incorporated into the development agreement. Motion carried 6-0. Site Selection for the Intermodal Transportation Center: City Manager recommending approval of the selection of the Historic Millwork District for the Intermodal Transportation Facility. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from City Council, Julie Neeble of IIW Engineers stated that the site investigations were completed in order to narrow down the site selection and then addressed the issue of train noise within the HMD. Van Milligen explained the process behind selecting the HMD site over the Port of Dubuque site. Motion carried 6-0. Intermodal Transportation Center – Issuance of a Request for Proposals for Design Services: City Manager recommending approval of the issuance of a Request for Proposals for design services for the Intermodal Transportation Center. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Safe Community Task Force: Juvenile Curfew Recommendation: City Manager recommending adoption of a Parental Responsibility Ordinance (PRO) as opposed to a curfew ordinance as originally recommended by the Safe Community Task Force. 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. Responding to questions from City Council, Assistant City Attorney Crenna Brumwell addressed the availability of recognized parental courses and the ability to pay fines vs. community service options. Council expressed concerns over the presence/absence of caring adults for juveniles and the financial impact and schedule burden on single parents. City Attorney Lindahl stated that the City would have to satisfy the burden of proof that the parent failed to exercise reasonable control. Motion failed 3-3 with Resnick, Braig, and Jones voting nay. Motion by Connors to receive and file the documents and consider the first reading of a proposed ordinance amending City Of Dubuque Code Of Ordinances Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, by adopting a new Article D Parental Responsibility requiring the parent of a minor to exercise reasonable control over the minor and establishing penalties for a violation thereof. Seconded by Jones. Motion carried 5-1 with Braig voting nay. Safe Community Task Force Recommendation: Evicting Problem Tenants for Cause: City Manager recommending approval of two additions to the public nuisance ordinance to adopt a clear and present danger standard and disorderly house provision. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 17-11 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 4 Nuisances, Section 6-4-3 Public Nuisance Defined; Public Nuisances Enumerated by adding a provision prohibiting the creation of a clear and present danger to others and maintaining a disorderly house. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-3 PUBLIC 23 NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED BY ADDING A PROVISION PROHIBITING THE CREATION OF A CLEAR AND PRESENT DANGER TO OTHERS AND MAINTAINING A DISORDERLY HOUSE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 6-4-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-4-3: PUBLIC NUISANCE DEFINED; PUBLIC NUISANCES ENUMERATED: Whatever is injurious to the public health or safety or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by the public is deemed a “public nuisance.” A "public nuisance" includes, but is not limited to, the following: . . . . O. Clear and Present Danger to Others: A clear and present danger to the health or safety of others on or within one thousand feet (1000’) of a property includes, but is not limited to, the following activities of any person on the premises with the consent of the property owner, resident, or occupant: 1. Physical assault or the threat of physical assault. 2. Illegal use of a firearm or other weapon, the threat to use a firearm or other weapon illegally, or possession of an illegal firearm. 3. Possession of a controlled substance unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner's professional practice. This paragraph applies to any other person on the premises with the consent of the tenant, but only if the tenant knew of the possession by the other person of a controlled substance. 4. The above will not apply to a property owner, resident, or occupant if the activities, as described in 1, 2, and 3 above, are caused by a person on the premises who does not reside at the premises and the property owner, resident, or occupant takes at least one (1) of the following measures against the person conducting the activities: a. The property owner, resident, or occupant seeks a protective order, restraining order, order to vacate the homestead, or other similar relief pursuant to Iowa Code, Chapter 236, 598, 664A, or 915, or any other applicable provision which would apply to the person conducting the activities causing the clear and present danger. b. The property owner, resident, or occupant reports the activities causing the clear and present danger to a law enforcement agency or the county attorney in an effort to initiate a criminal action against the person conducting the activities. c. The property owner, resident, or occupant writes a letter to the person conducting the activities causing the clear and present danger, telling the person not to return to the premises and that a return to the premises may result in a trespass or other action against the person, and the tenant sends a copy of the letter to a law enforcement agency whose jurisdiction includes the premises. If the tenant has previously written a letter to the person as provided in this paragraph, without taking an action specified in paragraph "a" or "b" or filing a trespass or other action, and the person to whom the letter was sent conducts further activities causing a clear and present danger, the tenant must take one (1) of the actions specified in paragraph "a" or "b" to be exempt from proceedings pursuant to subsection 1. d. However, in order to fall within the exemptions provided within this subsection, the property owner, tenant, or occupant must provide written proof to the City of Dubuque, prior to the commencement of a suit against the property owner, resident, 24 or occupant, that the property owner, resident, or occupant has taken one (1) of the measures specified in paragraphs "a" through "c". P. Disorderly House. 1. Disorderly house means a building, dwelling, establishment, curtilage, premises, or place where prohibited conduct occurs. 2. Prohibited conduct means activities in violation of statutes or ordinances relating to any of the following: a. Illegal gambling. b. Prostitution, pandering, pimping, or indecent conduct. c. Sale or possession of controlled substances, unless the controlled substance was obtained directly from or pursuant to a valid prescription or order by a licensed medical practitioner while acting in the course of the practitioner’s professional practice. d. Unlawful liquor sales. e. Unauthorized delivery or manufacture of a controlled substance. f. Bootlegging. g. Physical assault. h. Threat of physical assault. i. Illegal use and/or possession of firearms or other weapons. j. The threat to use a firearm or weapon illegally. k. Excessive noise. l. Loitering. m. Disorderly conduct. n. Possession of Alcohol Under the Legal Age (PAULA) by property owner, tenant, or occupant. o. Possession of drug paraphernalia. p. Public intoxication. q. Aiding and Abetting. Section 2. This Ordinance takes effect upon publication. th Passed, approved and adopted the 7day of March, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald the 11 day of March, 2011. /s/Jeanne F. Schneider, CMC, City Clerk AARP / Cities of Service Grant: City Manager recommending execution of an agreement for an AARP/Cities of Service Grant. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Urban Youth Corps Grant Application: City Manager recommending approval of an Iowa Department of Transportation Urban Youth Corps Grant Application. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Green Iowa AmeriCorps Team: City Manager recommending approval of a site agreement and commitment of $13,536.40 in City cash match in order to host a Green Iowa AmeriCorps team in Dubuque in 2011. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. Addition of Parking Meters in Meter District: City Manager recommending approval of the addition thth of parking meters in the 800 block of Main Street, on 8 Street between Iowa and Locust, and on 7 25 Street on the north side between Locust Street and Bluff Street. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 18-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9-14- thth 321-666 by adding 7 Street north side from alley to Bluff Street, sections of 8 Street from Iowa thth Street to Bluff Street and sections of Main Street from 8 Street to 9 Street to the meter district; and Ordinance No. 19-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9-14-321-602 Parking Violations; by changing no parking areas thth on 7 Street between Locust Street and Bluff Street; 8 Street between Iowa Street and Locust ththth Street; 9 Street between Main Street and Locust Street and Main Street between 8 Street and 9 Street. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 18-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLE AND TH TRAFFIC, CHAPTER 14 PARKING, SECTION 9-14-321-666 BY ADDING 7 STREET NORTH TH SIDE FROM ALLEY TO BLUFF STREET, SECTIONS OF 8 STREET FROM IOWA STREET TO THTH BLUFF STREET AND SECTIONS OF MAIN STREET FROM 8 STREET TO 9 STREET TO THE METER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 9-14-321.666: MUNICIPAL PARKING METER DISTRICT ESTABLISHED: There is hereby established a municipal parking meter district to be comprised of streets and/or portions thereof as follows: East-west streets: 1st Street, both sides, between Locust Street and extending to the connector east of Main Street. 2nd Street, both sides, between the connector east of Main Street and Locust Street. 3rd Street, both sides, between Locust Street and Bluff Street. 4th Street, both sides, from Central Avenue to Locust Street. 4th Street, north side, between Locust Street and Bluff Street. 4th Street, south side, between Locust Street and Bluff Street, months of December through March only. 5th Street, both sides, between White Street and Bluff Street. 5th Street, north side, from Bluff Street to a point one hundred ninety six feet (196') west of Bluff Street. 6th Street, both sides, between White Street and Central Avenue. 6th Street, both sides, from Locust Street to Bluff Street. 7th Street, North side from the alley west to Bluff, between Locust Street and Bluff Street. 7th Street, both sides, between White Street and Iowa Street. 8th Street, both sides, between Locust Street and Hill Street. th 8 Street, both sides, between Locust Street and Main Street. th 8 Street, both sides, between Main Street and Iowa Street, except where posted “No Parking” 8th Street, both sides, between White Street and Central Avenue. 9th Street, both sides, between White Street and Central Avenue. 9th Street, north side, from Iowa Street to Locust Street. 26 9th Street, south side, between Iowa Street and the alley west of Iowa Street. 9th Street, south side, between Locust Street and Bluff Street. 9th Street, south side, between Locust Street and Main Street. 10th Street north side, between White Street and Locust Street. 10th Street, south side, between Iowa Street and Locust Street. 10th Street, south side, between White Street and Central Avenue. 11th Street, both sides, between White Street and Bluff Street. 11th Street, south side, between White Street and Washington Street. 12th Street, both sides, between Central Avenue and Bluff Street. 12th Street, both sides, between Main Street and Bluff Street. 13th Street, both sides, between White Street and Locust Street. 15th Street, both sides, between White Street and the alley east of Iowa Street. 15th Street, south side, between Iowa Street and the alley west of Central Avenue. 16th Street, both sides, between the alley east of Central Avenue and the alley west of Central Avenue. 17th Street, south side, between the alley east of Central Avenue and the alley west of Central Avenue. 18th Street, south side, between Central Avenue and the alley east of Central Avenue. North-south streets: Bluff Street, both sides, between 3rd Street and 8th Street. Bluff Street, both sides, between 10th Street and 12th Street. Bluff Street, west side, between 8th Street and 9th Street. Central Avenue, both sides, between 4th Street and 19th Street. Iowa Street, both sides, between 4th Street and Loras Boulevard. Iowa Street, west side of median, between 5th Street and 9th Street. Locust Street, both sides, between 1st Street and Loras Boulevard. Main Street, both sides, between 1st Street and 5th Street. Main Street, both sides, between 9th Street and Loras Boulevard. Main Street, both sides, from 1st Street to a point two hundred twenty feet (220') south of 1st Street. Main Street, both sides, from 5th Street to 8th Street. Main Street, both sides, between 8th Street and 10th Street, except where posted “NO PARKING”. White Street, west side, between 11th Street and 13th Street. White Street, west side, between 13th Street and 14th Street. White Street, west side, between East 14th Street and East 15th Street. 1st to 2nd Street connector, east of Main Street, east side, between 1st and 2nd. (Ord. 44- 08, 6-16-2008; amd. Ord. 73-08, 11-3-2008) This ordinance shall take effect upon publication. th Passed, approved and adopted the 7 day of March, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of March, 2011. /s/Jeanne F. Schneider, CMC, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 19-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLE AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9-14-321-602 PARKING VIOLATIONS; BY 27 TH CHANGING NO PARKING AREAS ON 7 STREET BETWEEN LOCUST STREET AND BLUFF THTH STREET; 8 STREET BETWEEN IOWA STREET AND LOCUST STREET; 9 STREET TH BETWEEN MAIN STREET AND LOCUST STREET AND MAIN STREET BETWEEN 8 STREET TH AND 9 STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321-602 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.602: PARKING PROHIBITED ON DESIGNATED STREETS OR PORTIONS THEREOF: A. Where Posted; Exception: It shall be unlawful for any person to park a motor vehicle on those streets or portions thereof designated from time to time as areas where parking is prohibited, whether at all times, between certain hours, for longer than specified times between certain hours, or for longer than specified times, in violation of such regulations when signs have been posted in such areas giving notice of such regulations, except for those vehicles displaying a valid parking sticker permit as defined in section 9-14-321.669 of this chapter parked in a designated two (2) hour parking time zone. B. Vehicles Not Moved Deemed Stationary: For the purpose of such regulations, any vehicle not moved out of the block during specified and designated parking periods shall be deemed to have remained stationary. Those vehicles displaying a valid parking sticker shall be exempt from this provision. C. Time Zones Designated: When signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than hereinafter indicated between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any day except Sundays and public holidays upon the streets or parts of streets as follows: Two hour time zones: Bluff Street, west side, from Emmett Street to West 3rd Street. Central Avenue, east side, from East 19th Street to East 24th Street. Central Avenue, west side, from East 18th Street to East 22nd Street. Clarke Drive, south side, from St. Ambrose Street to the west property line of 2044 Clarke Drive. Delhi Street, north side, from North Grandview Avenue to a point two hundred fifty feet (250') east of Stewart Street. Jackson Street, west side, from one hundred forty feet (140') north of East 10th Street to East 11th Street; east side, from Milwaukee Street to Ruby Street; both sides, from East 9th Street to East 10th Street and from East 11th Street to East 12th Street. James Street, east side, from Mazzuchelli Heights to West 3rd Street. Locust Street, west side, from Loras Boulevard to West 15th Street. Roosevelt Street Extension, north side, from Kerper Boulevard to Kilgore Street, and south side, from Kerper Boulevard to a point three hundred seventy five feet (375') east of Kerper Boulevard. University Avenue, both sides, from Nevada Street to a point one hundred feet (100') west of Booth Street. University Avenue, north side, from Algona Street to Loras Boulevard. University Avenue, south side, from Alpine Street to Nevada Street. White Street, both sides, from East 9th Street to East 11th Street. White Street, both sides, from East 15th Street to East 16th Street. White Street, east side, from East 14th Street to East 15th Street. 4th Street, West, from a point fifty feet (50') east of the westerly terminus to Bluff Street. 28 5th Street, West, north side, from Prospect Street to a point one hundred ninety six feet (196') west of Prospect Street. 9th Street, East, north side, from White Street to Jackson Street. 9th Street, East, south side, from Jackson Street to Washington Street. 10th Street, East, both sides, from Jackson Street to White Street. 12th Street, East, both sides, from White Street to the alley west of Jackson Street; south side, from Jackson Street to the alley east of White Street. 13th Street, East, north side, from Elm Street to the alley east of Washington Street. 16th Street, East, both sides, from Pine Street to Maple Street; south side, from Cedar Street to Sycamore Street. 18th Street, East, both sides, from Central Avenue to White Street. (Ord. 44-08, 6-16-2008) D. No Parking At Any Time Zones Designated: When signs are erected giving notice thereof, no person shall, at any time, park a vehicle upon any of the following described streets or parts of streets: Alley, both sides, between Central Avenue and White Street from 7th Street to 8th Street. Alley, both sides, between West 5th Street and University Avenue from Nevada Street to Alpine Street. Adams Street, both sides, from Ice Harbor Drive to 5th Street. Admiral Sheehy Drive, both sides, from U.S. Highway 61/151 to its terminus. Air Hill Street, west side, from University Avenue to 8th Avenue. Airport Road, from U.S. Highway 61 to its westerly terminus. Algona Street, both sides, from University Avenue to Bennett Street; west side, from University Avenue to Loras Boulevard. Alpine Street, west side, from West 5th Street to University Avenue. Althauser Street, west side, from Merz Street to Eagle Street. Angella Street, west side, from West Locust to a point abutting 503 Angella Street. Arlington Street, south side, from Grove Terrace to Prairie Street. Asbury Road, both sides, from John F. Kennedy Road to the westerly city limits; north side, from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street; south side, from John F. Kennedy Road to a point one hundred ten feet (110') east of Crissy Drive. Avon Street, south side. Bell Street, both sides, from 5th Street to its southerly terminus. Bell Street, both sides, from its southerly terminus to a point two hundred fifty feet (250') north thereof. Bennett Street, south side, from Grandview Avenue to McCormick Street. Bluff Street, east side, from Dodge Street to a point one hundred thirty feet (130') north of Dodge Street, and from West 7th Street to a point one hundred eighty feet (180') south of 8th Street; west side, 5th Street to a point eighty feet (80') south of 6th Street. Booth Street, east side, from University Avenue to West 5th Street. Broadway Street, north side, from Diagonal Street to Putnam Street. Burch Street, west side, from Hill Street to West 3rd Street. Caledonia Street, east side from Hill Street to 8th Avenue. Catherine Street, west side, from West 16th Street to West 17th Street. Cedar Cross Road, both sides, from U.S. Highway 20 to a point one hundred feet (100') west of Cedar Cross Court and from North Cascade Road to a point two hundred seventy five feet (275') north of North Cascade Road. Central Avenue, west side, from 11th Street to 10th Street. Charter Street, both sides, from South Locust Street to Harrison Street. Chavenelle Road, both sides, from Associates Drive to its westerly terminus, and from 29 Seippel Road to its easterly terminus. Clarke Drive, north side, from Heeb Street to Harold Street, and from St. Ambrose Street to Asbury Road; south side, from North Grandview Avenue to West Locust Street. College Street, east side, from West 3rd Street to West 5th Street. Cornell Street, both sides, from the north line of Loras Boulevard northerly for a distance of one hundred seventy feet (170'). Cox Street, west side, from Kirkwood Street to Loras Boulevard; east side from Loras Boulevard to Chestnut Street. Davis Street, both sides, from a point six hundred thirty feet (630') east of Windsor Avenue to the entrance of Mount Calvary Cemetery. Daykin Road, both sides, from John F. Kennedy Road to its westerly terminus. Delhi Street, south side, from a point one hundred sixty five feet (165') west of West 5th Street to Grandview Avenue. Dell Street, east side, from Arlington Street to a point fifty feet (50') south of Loras Boulevard. Dodge Street, both sides, from Locust Street to the westerly limits. Dorgan Place, south and west sides, from Ellis Street to 17th Street; east side, from 17th Street to a point approximately two hundred ten feet (210') north of 17th Street. Edina Street, south side, from Alta Vista Street to the alley immediately west thereof. Edison Street, south side, from Stafford Avenue to Althauser Street. Elm Street, east side, from East 19th Street to East 20th Street; east side, from East 20th Street to East 26th Street; west side, from East 24th Street to East 26th Street. Elm Street connector, both sides, from 11th Street to 12th Street. Emmett Street, north side, from Bluff Street to St. Mary's Street. Farley Street, west side, from Rhomberg Avenue to High Bluff Street; east side from Rhomberg Avenue to Garfield Avenue. Foothill Road, south side, from John F. Kennedy Road to Pasadena Drive. Forest Lane, north side, from Nevada Street to Delhi Street. Foye Street, east side, from West Locust Street to Napier Street. Fremont Avenue, both sides, from North Cascade Road to a point four hundred fifty feet (450') east of North Cascade Road and from a point five hundred seventy five feet (575') north of the Fremont Avenue Bridge to a point five hundred fifty feet (550') south of the Fremont Avenue Bridge. Frontage Road, south side of Highway 20, both sides, from Wacker Drive to Cedar Cross Road. Grace Street, north side, from McCormick Street to North Grandview Avenue. Grandview Avenue, North, north side, from Audubon Street to Rosedale Street and from a point approximately three hundred feet (300') west of Algona Street to Clarke Drive; both sides, from Kaufmann Avenue to a point approximately eight hundred feet (800') south of Kaufmann Avenue. Greyhound Park Drive, both sides, from U.S. Highway 61/151 to its terminus. Grove Terrace, east side, from West 11th Street to Arlington Street. Hamilton Street extension, both sides, from Kilgore Street to Kerper Boulevard. Harrison Street, west side, from Railroad Avenue to its northerly terminus. Henion Street, west side, from Loras Boulevard to Pickett Street. Highland Place, east side, from West 11th Street to Arlington Street. Highway 61, both sides, from Kerper Boulevard to the easterly corporate limits. Hill Street, both sides, from Dodge Street to Wooten Street and east side, from Wooten Street to West 3rd Street. 30 Hill Street, South, west side and north side, from South Grandview Avenue to Curtis Street. Hillcrest Road, south side, from Asbury Road to St. John Drive; north side, from John F. Kennedy Road to a point nine hundred fifty feet (950') west. Hillcrest Road, North, both sides, from John F. Kennedy Road to Pasadena Drive. Ice Harbor Drive, both sides, from 1st Street to 5th Street. Ida Street, east side, from Grace Street to Delhi Street. Irving Street, west side, from University Avenue to Decorah Street. Jackson Street, both sides, from East 6th Street to East 9th Street and from East 10th Street to a point one hundred forty feet (140') south of East 11th Street; east side, from Ruby Street to Aquin Street. Jefferson Street, south side, from Walnut Street to Olive Street. John F. Kennedy Road, both sides, from University Avenue to a point two hundred thirty feet (230') north of Spring Valley Road and from a point three hundred sixty feet (360') south of the Northwest Arterial to its northerly terminus. Jones Street, north side, from Water Street to the Illinois Central Railroad right of way. Kane Street, north side, from Ken Court to Carter Road; south side, from a point one hundred forty feet (140') east of Katrina Circle to a point one hundred forty feet (140') west of Katrina Circle. Kaufman Avenue, both sides, from Central Avenue to Francis Street; north side, from Francis Street to Valeria Street. Kelly Lane, south side, from Fremont Avenue to Old Mill Road. Kerper Boulevard, both sides, from Pine Street to Hawthorne Street. Key Way Drive, north side, from John F. Kennedy Road to Woodland Drive. Key West Drive, both sides, from Maquoketa Drive to the southerly city limits. Kilgore Street, east side, from Roosevelt Street extension to Hamilton Street extension. Lawndale Street, east side, from Park Street to the northerly terminus of Lawndale Street. Lincoln Avenue, south side, from Elm Street to Kniest Street. Locust Street, west side, from West 2nd Street to West 3rd Street. Locust Street, east side, from Dodge Street to Jones Street. Loras Boulevard, both sides, from Central Avenue to Bluff Street; north side, from Henion Street to the alley west of Alta Vista Street, and from Adair Street to North Grandview Avenue; south side, from Prairie Street to Walnut Street. Madison Hill, east side, from West 17th Street to Clarke Drive. Main Street, west side, from West 4th Street to a point one hundred twenty feet (120') south of West 5th Street. McCormick Street, west side, from Bennett Street to University Avenue. Merz Street, south side, from Windsor Avenue to Althauser Street. Montrose Terrace, both sides, from Loras Boulevard to a point one hundred seventy feet (170') north of Loras Boulevard. Mount Loretta Street, north side, from Valley Street to Bryant Street. Nevada Street, east side, from University Avenue to Martha Street. Nightingale Lane, both sides, from Cedar Cross Road south and southwesterly to a point approximately one hundred fifty feet (150') east of its westerly terminus; north side, one hundred fifty feet (150') east from its westerly terminus. North Westbrook Drive, south and west sides, from Seippel Road to Trails Edge Drive. Northwest Arterial, both sides, from U.S. Highway 20 to the northerly corporate limits. O'Hagen Street, east side, from Mineral Street to University Avenue. Old Mill Road, south side, from Kelly Lane to Catfish Creek Bridge; both sides from Catfish Creek Bridge to Rockdale Road. 31 Overview Court, south side, from South Grandview Avenue to its westerly terminus. Park Street, both sides, from Mt. Pleasant to Lawndale Street. Pebble Creek Drive, east side, from North Westbrook Drive to South Westbrook Drive. Pennsylvania Avenue, both sides, from John F. Kennedy Road to the westerly city limits; north side, from University Avenue to John F. Kennedy Road. Peru Road, both sides, from its southerly terminus at 32nd Street to the northerly city limits. Pickett Street, south side, from Cornell Street to Henion Street. Pinard Street, west side, from East 29th Street to the northerly terminus of Pinard Street. Prairie Street, east side, from Loras Boulevard to West 11th Street. Race Street, west side, from West 11th Street to Rose Street. Radford Road, both sides, from Chavenelle Road to the northerly city limits. Raven Oaks Drive, both sides, from John F. Kennedy Road to its easterly terminus. Rhomberg Avenue, southeasterly side, from Elm Street to Kniest Street and the northwesterly side from Elm Street to a point two hundred eighty feet (280') northeast of Elm Street. Rockdale Road, both sides, from South Grandview Avenue to a point one hundred seventy five feet (175') south of Kehl Court. Rosedale Avenue, south side, from St. Ambrose Street to the alley easterly thereof; north side from St. Ambrose to a point two hundred eighty feet (280') east thereof. Saint Mary's Street, east side, from Emmett Street to West 3rd Street. Saunders Street, northwest side, one hundred feet (100') southwest from Lemon Street. Shelby Street, east side, from Clarke Drive to its northerly terminus. South Westbrook Drive, north and west sides, from Seippel Road to Trails Edge Drive. Southern Avenue, both sides, from Iowa 946 to Valley Street; south side, from Valley Street to a point one hundred thirty feet (130') east of Samuel Street; north side, from Valley Street to a point one hundred fifteen feet (115') west of Valley Street. Southpark Court, both sides, from Twin Valley Drive to its terminus. Spring Valley Road, north side, from Olde Country Lane to Fox Hollow Road. Summit Street, west side, from West 3rd Street to West 5th Street. Sumner Street, east side, from Lincoln Avenue to Rhomberg Avenue. Sycamore Street, both sides, from 14th Street to 16th Street. Thiesen Street, south side, from Jenni Street to Stetmore Street. Thomas Place, both sides, from Stafford Street to Ascension Street. Trails Edge Drive, south side, from Pebble Creek Drive to South Westbrook Drive. U.S. 61/151, northbound off ramp connection, both sides, from 9th Street to 11th Street. U.S. 61/151, northbound on ramp connection, both sides, from 9th Street to 11th Street. U.S. 61/151, southbound on ramp connection, both sides, from 11th Street to 9th Street. Ungs Street, north side, from Clarke Drive to Hoyt Street. University Avenue, both sides, from Pennsylvania Avenue to Loras Boulevard; south side, from Gilliam Street to Pennsylvania Avenue and from Loras Boulevard to a point one hundred two feet (102') east to Auburn Street. Valley Street extension, both sides, from Southern Avenue to Railroad Avenue. Vernon Street, north side, from Alta Vista Street to the alley immediately west thereof. Wacker Drive, both sides, from John F. Kennedy Road to Center Grove Drive. Walnut Street, east side, from University Avenue to Loras Boulevard. Wartburg Place, both sides, from Fremont Avenue to the entrance to Wartburg Seminary Auditorium, and from 385 Wartburg Place to the entrance to Sunset Ridge; east side, from the entrance to Wartburg Seminary Auditorium to 385 Wartburg Place. Washington Street, west side, from East 20th Street to East 25th Street. 32 White Street, both sides, from East 4th Street to East 5th Street; west side, from East 7th Street to East 8th Street; east side, from East 25th Street to East 26th Street. Wilbur Lane, south side, from Alice Street to Grove Terrace. Wilson Avenue, west side, from West 8th Street to West 11th Street. Woodland Drive, east side, from Key Way Drive to a point one hundred fifty feet (150') south of Key Way Drive and from Foothill Road to a point two hundred feet (200') north of Foothill Road. Wooten Street, south side, from Hill Street to McClain Street; north side, from McClain Street to a point one hundred sixty five feet (165') east thereof. 1st Street, West, both sides, from Locust Street to Bluff Street. 1st to 2nd Street connector, east of Main Street, west side, between 1st Street and 2nd Street. 2nd Street, West, both sides, from Bluff Street to the alley immediately east thereof. 3rd Street, both sides, from a point one hundred feet (100') west of Bluff Street to Bluff Street; and from Main Street to Bell Street; south side, from Burch Street to a point one hundred feet (100') west of Bluff Street. 4th Street, East, both sides, from White Street to Central Avenue. 5th Street, both sides, from White Street to Adams Street; north side, from Bell Street to and including the cul-de-sac to the east. 5th Street, both sides, from White Street to Bell Street. 5th Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety two feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street; provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. 6th Street, south side, from Locust Street to the alley west of Main Street; provided, however, it shall not be unlawful to stop, but only in the drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. 7th Street South Side from Bluff Street to Locust Street 7th Street North Side from Locust Street to the alley west of Locust 7th Street, East, both sides, from Washington Street to a point two hundred fifty feet (250') east of Washington Street. 7th Street, East, north side, from White Street to Jackson Street. 8th Street, West, both sides, from a point one hundred forty six feet (146') west of the west property line of University Avenue to a point two hundred six feet (206') west of the west property line of University Avenue;, provided, however, it shall not be unlawful to stop, but only in the posted drop off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the driver of the vehicle must be in the vehicle, vehicles shall not be parked in these areas ; north side, from Wilson Avenue to Roberts Avenue; south side, from Central Avenue to the alley immediately west thereof. 8th Street, West, from alley west of Iowa Street to Iowa Street from five o'clock (5:00) P.M. until eight o'clock (8:00) A.M. Monday through Saturday and twenty four (24) hours on Sunday (non-metered times). 9th Street, West, both sides, from University Avenue to Bluff Street; north side, from Bluff Street to Locust and Iowa Street to fire headquarters' driveway; south side, from Main Street to the alley west of Iowa Street and from Iowa Street to Central Avenue. 10th Street, West, both sides, from Locust Street to Bluff Street; south side, from Central Avenue to Iowa Street. 33 11th Street, East, both sides, from Elm Street to Kerper Boulevard. 11th Street, West, south side, from Prairie Street to Race Street. 12th Street, West, north and east sides, from Bluff Street to Grove Terrace; south side, from Bluff Street to a point approximately one hundred sixty feet (160') west of Bluff Street. 14th Street, East, both sides, from White Street to Central Avenue; north side, from White Street to alley west of Jackson Street. 15th Street, East, both sides, from Sycamore Street to a point nine hundred fifty feet (950') east of Sycamore Street; south side, from Iowa to alley east of Main Street. 16th Street, East, both sides, from Sycamore Street to Kerper Boulevard and from Cedar Street to Maple Street; north side, from Elm Street to Pine Street and from Maple Street to Sycamore Street. 16th Street, West, south side, from Montrose to Catherine Street. 17th Street, West, north side, from West Locust Street to Clark Street. 19th Street, East, south side, from Elm Street to Pine Street. 20th Street, East, both sides, from Central Avenue to Elm Street. 21st Street, East, both sides, from Central Avenue to White Street; south side, from Jackson Street to Elm Street. 22nd Street, East, south side, from Windsor Avenue to Stafford Street; and Central Avenue to White Street; north side, from Jackson Street to Central Avenue. 23rd Street, West, north side, from Central Avenue to a point one hundred ninety feet (190') west of Central Avenue, and south side, from Central Avenue to Valeria Street. 24th Street, East, south side, from Central Avenue to Washington Street. 24th Street, West, north side, from Central Avenue to Broadway Street. 30th Street, East, north side, from Central Avenue to Jackson Street. 32nd Street, East, south side, from Central Avenue to White Street; both sides, from Jackson Street to a point seven hundred feet (700') east of Jackson Street. 32nd Street, West, south side, from Central Avenue to a point one hundred feet (100') west of Lemon Street; north side, from Central Avenue to Fink Street. (Ord. 44-08, 6-16-2008; amd. Ord. 37-10, 7-6-2010) E. Fifteen Minute Parking: When signs are erected giving notice thereof, no person shall park a vehicle for a period of time longer than fifteen (15) minutes upon the streets or parts of streets as follows: Rhomberg Avenue, east side, from Kniest Street to a point one hundred sixty eight feet (168') south of Marshall Street. White Street, east side, from East 7th Street to a point forty feet (40') north of East 7th Street. 5th Street, West, north side, from Bluff Street to a point eighty five feet (85') east of Bluff Street. F. No Parking Six O’clock A.M. To Six O’clock P.M. Monday Through Saturday, Except Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Saturday, except holidays, upon the following streets or parts of streets: Iowa Street, west side, from 6th Street to 7th Street. G. Two Hour Parking Nine O’clock A.M. to Six O’clock P.M., Except Saturdays, Sundays, And Public Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of nine o'clock (9:00) A.M. and six o'clock (6:00) P.M. on any day except Saturdays, Sundays and public holidays upon the following streets or parts of streets as follows: White Street, east side, from East 13th Street to East 14th Street. 14th Street, East, south side, from Jackson Street to White Street; north side, from Jackson 34 Street to the alley east of White Street. H. No Parking Six O’clock A.M. to Six O’clock P.M. Monday Through Friday: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Friday upon the following streets: 15th Street, West, south side, from Main Street to the alley west of Iowa Street. I. No Parking Five O’clock A.M. to Five O’clock P.M. Monday Through Saturday, Except Public Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of five o'clock (5:00) A.M. and five o'clock (5:00) P.M., Monday through Saturday, except public holidays, upon the following streets or parts of streets as follows: 17th Street, south side, from a point thirty feet (30') west of Central Avenue to the alley east of Iowa Street. (Ord. 44-08, 6-16-2008) This ordinance shall take effect upon publication. th Passed, approved and adopted this 7 day of March, 2011. /s/Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 11 day of March, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Ordinance Change – Exempting Certain Parking Restrictions in Meter District: City Manager recommending approval of a Code of Ordinance adjustment to exempt the Meter District from the parking within ten feet of crosswalk or traffic control device restriction, as long as the markings required by the Ordinance are properly placed. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 20-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9-14- 600. Parking Violations by amending this section to exempt meter district parking from parking within 10 feet of a crosswalk or traffic control device. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLE AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9-14-600. PARKING VIOLATIONS; BY AMENDING THIS SECTION TO EXEMPT METER DISTRICT PARKING FROM PARKING WITHIN 10 FEET OF CROSSWALK OR TRAFFIC CONTROL DEVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321-600 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.600: PROHIBITED IN SPECIFIED PLACES: No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: A. On a sidewalk. B. In front of a public or private driveway. C. Within an intersection. D. Within five feet (5') on either side of the point on the curb nearest to a fire hydrant. E. Within ten feet (10') upon the approach to any flashing beacon, stop sign, or traffic control 35 signal located at the side of the roadway; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. F. Within fifty feet (50') of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light. G. Within twenty feet (20') of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy five feet (75') of said entrance when properly signposted. H. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic. I. On the roadway side of any vehicle stopped or parked at the edge or curb of street. J. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty feet (20') of the width of the roadway for the free movement of vehicular traffic. K. Upon any street or in any alley in any part of the city in such a manner or under such conditions as to leave available less than ten feet (10') of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations, traffic signs, or signals of a police officer. L. At any place where official signs or curb markings prohibit stopping, standing, or parking. M. Within ten feet (10') of the crosswalk, whether marked or not, at all intersections within the city; with the exception of parking spaces within the designated parking meter district and when such spaces are clearly marked on the parking surface. N. In an alley under any fire escape at any time. (Ord. 44-08, 6-16-2008) This ordinance shall take effect upon publication. th Passed, approved and adopted the 7 day of March, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of March, 2011. /s/Jeanne F. Schneider, CMC, City Clerk Fire Department – No Parking Amendment: City Manager recommending approval to reserve the th parking area on Central Avenue from 9 Street to the entrance of the new ramp at 975 Central on the west side only for parking of official Fire Department vehicles 7 days per week, 24 hours per day. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 21-11 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9-14- th 321-626 Parking Violations; by adding an additional area on the west side of Central Avenue from 9 Street to the entrance of the ramp located at 975 Central. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-11 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLE AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9-14-321-626 PARKING VIOLATIONS; BY ADDING TH AN ADDITIONAL AREA ON THE WEST SIDE OF CENTRAL AVENUE FROM 9 STREET TO THE ENTRANCE OF THE RAMP LOCATED AT 975 CENTRAL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 36 Section 1. Section 9-14-321-626 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.626: RESERVED FIRE DEPARTMENT PARKING: A. When appropriate signs have been posted, that area located on the north side of 9th Street between Central Avenue and the driveway to fire headquarters is set aside for the parking of fire department vehicles. B. When appropriate signs have been posted, that area located on the west side of Central th Avenue between 9 Street and the entrance to the parking ramp at 975 Central is set aside for the parking of fire department vehicles at all times. C. It shall be unlawful for the operator of any vehicle to stop, stand, or park within such area unless such vehicle is clearly identified and marked as a vehicle assigned to the fire department. (Ord. 44-08, 6-16-2008) This ordinance shall take effect upon publication. th Passed, approved and adopted the 7 day of March, 2011. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of March, 2011. /s/Jeanne F. Schneider, CMC, City Clerk City of Dubuque Civility Accord: Mayor Buol submitting a proposed City of Dubuque Civility Accord for City Council consideration. Motion by Connors to receive and file the document and approve. Seconded by Jones. Mayor Buol read the Civility Accord into the Record. Motion carried 6-0. Enterprise Zone Re-Appointments: City Manager recommending confirmation of the re- appointment of Peggy Murray, representing Iowa Workforce Development, and Daniel White, representing Northeast Iowa Community College, to the City’s Enterprise Zone Commission and it is further recommended that the City Council appoint a City Council representative to this Commission (currently the City Manager). Motion by Jones to receive and file the documents and confirm the appointments as recommended. Seconded by Lynch. Motion carried 6-0. Council Appointments: Communication from the Long Range Planning Advisory Commission requesting appointment of a City Council liaison to the Commission. Communication from Bill Callahan, Dubuque Initiatives, requesting appointment of a City Council Member to fill the current vacancy on the Dubuque Initiatives Board of Directors. Motion by Connors to receive and file the documents and appoint Council Member Braig to the Long Range Planning Advisory Commission and Council Member Connors to the Dubuque Initiatives Board of Directors. Seconded by Braig. Motion carried 6-0. Environmental Protection Agency (EPA) Consent Decree: City Manager recommending approval of the Consent Decree with the United States Environmental Protection Agency. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. 37 COUNCIL MEMBER REPORTS Mayor Buol reported that interviews for Office of City Council Fourth Ward will be conducted at 10:00 a.m. on Saturday, March 12, in the Historic Federal Building. There being no further business, upon motion the City Council adjourned at 8:42 p.m. /s/Jeanne F. Schneider, CMC City Clerk 38