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9 15 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on September 15, 2008 in the Historic Federal Building. Present: Mayor Pro-Tem Lynch, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen; Assistant City Attorney O’Brien Absent: Mayor Buol, Council Member Voetberg Mayor Pro-Tem Lynch read the call and stated this is a regular session called for the pur- pose of discussing such matters which may properly come before the City Council. Invocation was proved by Reverend Thomas Young, Westminster Presbyterian Church PROCLAMATIONS Constitution Week (September 17 – 23, 2008) was accepted by Clara Burchett, 3055 Cres- ton Street; Breast of Friends Walk-A-Thon Day (October 5, 2008) was accepted by Cathie Avenarius, 12876 Sterling Oaks Court; Crop Walk Day in Dubuque (October 5, 2008) was ac- cepted by Crop Walk Chairperson Maryann LoGuidice; Dubuque Symphony Orchestra Week (October 7 – 12, 2008) was accepted by Jeff Goldsmith, 2728 Asbury Road CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Connors requested (#25) Amendment to First Transit Con- tract be held for separate discussion. Jim Collins, Loras College President, requested (#27) Petrakis Park Infield Turf Replacement Project be held for separate discussion. Motion carried 5-0 Minutes and Reports Submitted: City Council of 9/2; Environmental Stewardship Advisory Commission of 9/2; Human Rights Commission of 8/11; Park and Recreation Commission of 8/12; Zoning Advisory Commission of 9/3 Library Board of Trustees Update from meeting of August 28, 2008 Proof of publication of City Council Proceedings of August 18, 25 and 26, 2008 and List of Claims and Summary of Revenues for Month Ended July 31, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Leonard W. Dress, Jr. for vehicle damage; Theresa Walsh for reim- bursement of towing expense; Robert/Barbara Armstrong for property damage; USAA/Mary Zapf for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Mary Zapf for vehicle damage City Attorney recommending denial of the claim of Theresa Walsh for a parking violation. City Attorney recommending settlement of the claim of Dennis Roling for property damage. Upon motion the documents were received and filed and concurred. University of Dubuque Fireworks: Communication from Steve Kelley and Lindsey Konken, University of Dubuque, requesting permission to display fireworks on Saturday, October 17, 2008. Upon motion the document was received, filed, and approved. Board and Commission Resignations: Kelly Larson, Human Rights Director, advising that Dan Chatfield has verbally resigned from the Human Rights Commission due to his relocation out of the City. Communication from Amy Weber submitting her resignation from the Arts and Cultural Ad- visory Affairs Commission effective August 22, 2008. Communication from Sister Mary Clare O’Toole submitting her resignation from the Envi- ronmental Stewardship Advisory Commission. Communication from Becky Hauder submitting her resignation from the Library Board effec- tive August 22, 2008. Upon motion the documents were received and filed and the resignations accepted. Citizen Petition: Communication from Charles T. Piekenbrock submitting a petition for the repair of Ramona Street and Pamela Court. Upon motion the documents were received and filed and referred to the City Manager. Black Hills Corporation: Communication from Glynda Rahn, Associate Attorney – Black Hills Corporation, advising that Black Hills will continue to serve the City of Dubuque under the fran- chise assigned to them from Aquila. Upon motion the document was received and filed. Fire Station No. 2 – John F. Kennedy Parking Lot Reconstruction Project: City Manager re- commending award of the contract for the Fire Station No. 2 – John F. Kennedy Parking Lot Reconstruction Project to Portzen Construction, Inc., in the amount of $79,328.70. Upon mo- tion the documents were received and filed and Resolution No. 307-08 Awarding public im- provement contract for the Fire Station No. 2 – John F. Kennedy Road Parking Lot Recon- struction Project was adopted. RESOLUTION NO. 307-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FIRE STATION NO. 2 – JOHN F. KENNEDY ROAD PARKING LOT RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Fire Station No. 2 – John F. Kennedy Road, Parking Lot Reconstruction Project (the Project) pursuant to Resolu- tion No. 305-08 and Notice to Bidders published in a newspaper published in the City of Dubu- nd que, Iowa on the 22 day of August, 2008. Whereas, said sealed proposals were opened and read on the 4th day of September, 2008 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $79,328.70, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construc- tion, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 15 day of September, 2008. 2 Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Quince Street Underground Utility Reconstruction Project: City Manager recommending award of the contract for the Quince Street Underground Utility Reconstruction Project to Top Grade Excavating, Inc., in the amount of $107,453.25. Upon motion the documents were re- ceived and filed and Resolution No. 308-08 Awarding public improvement contract for the Quince Street Underground Utility Reconstruction Project was adopted. RESOLUTION NO. 308-08 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE QUINCE STREET UNDERGROUND UTILITY RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Quince Street Un- derground Utility Reconstruction Project (the Project) pursuant to Resolution No. 302-08 and nd Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 22 day of August, 2008. th Whereas, said sealed proposals were opened and read on the 4 day of September, 2008, and it has been determined that Top Grade Excavating, Inc. of Epworth, Iowa, with a bid in the amount of $107,453.25, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Top Grade Exca- vating, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk John F. Kennedy Fiber Optic Conduit Project: City Manager advising that the contract for the John F. Kennedy Road Fiber Optic Conduit Project has been awarded to Volkens Excavat- ing, Inc. Upon motion the documents were received and filed. th Fiber Optic Conduit Project from Municipal Services Center to Kerper and 16 Street: City Manager advising that the contract for the Fiber Optic Conduit Project from the Municipal Ser- th vices Center to Kerper Boulevard and 16 Street has been awarded to Volkens Excavating. Upon motion the documents were received and filed. Fiscal Year 2008 Street Finance Report: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2008 Street Finance Report for submittal to the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 309- 08 Approving the City of Dubuque Fiscal Year 2008 Street Finance Report was adopted. RESOLUTION NO. 309-08 APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2008 CITY STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2007, to June 30, 2008, is hereby approved and that the City Clerk is hereby authorized and directed to file said 3 report with the Iowa Department of Transportation. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Iowa Department of Transportation (IDOT) Funding Agreement: City Manager recommend- ing approval of an agreement with the Iowa Department of Transportation for the Locust Street thth Resurfacing Project from 9 Street to 17 Street. Upon motion the documents were received and filed and Resolution No. 310-08 Approving the Iowa Department of Transportation Federal th Aid Funding Agreement for the Locust Street Asphalt (HMA) Resurfacing Projects, from 9 th Street to 17 Street, was adopted. RESOLUTION NO. 310-08 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6-08-STPU-19) FOR THE LOCUST THTH STREET ASPHALT (HMA) RESURFACING PROJECT, FROM 9 STREET TO 17 STREET Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Du- buque Metropolitan Area Transportation Study (DMATS) STP funds for the Locust Street As- thth phalt Resurfacing Project, from 9 Street to 17 Street in Dubuque. thth Whereas, the Locust Street Asphalt Resurfacing Project, from 9 Street to 17 Street in Du- buque has been developed to include: replacement of existing curb and gutter; construction of th ADA-compliant curb ramps; hot mix asphalt (HMA) resurfacing of Locust Street between 9 to th 17 Streets in Dubuque. Whereas, the DMATS STP funds will be eligible to complete said improvements to Locust thth Street from 9 Street to 17 Street 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 Funding Agreement (Agreement No. 6-08- STPU-19) between the City of Dubuque and the Iowa Department of Transportation be ap- thth proved for the Locust Street Asphalt Resurfacing Project, from 9 Street to 17 Street in Du- buque. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement No. 6-08-STPU-19) for the Locust Street Asphalt thth Resurfacing Project, from 9 Street to 17 Street in Dubuque. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque County I-Net User Agreement: City Manager recommending approval of the Du- buque County Courthouse I-Net User Agreement. Upon motion the documents were received, filed, and approved. Five Points Building Relocation Project: City Manager recommending approval of the publi- cation of a Combined Notice of Finding of No Significant Impact on the Environment and No- tice of Intent to Request Release of Funds for the Five Points Building Relocation Project. Upon motion the documents were received and filed and Resolution No. 311-08 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Five Points Building Relocation Project 4 was adopted. RESOLUTION NO. 311-08 A RESOLUTION AUTHORIZING PUBLICATION OF A CONCURRENT NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE 5 POINTS BUILDING RELOCATION PROJECT. Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the 5 Points Building Relocation Project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environ- ment; and Whereas, a concurrent notice of " Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmen- tal Protection Agency and to the local news media, individuals and groups known to be inter- ested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a com- bined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the 5 Points Building Relocation Project and to make the Envi- ronmental Review Record for said project available for public inspection and comment until 5:00 pm on October 6, 2008. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the Housing and Community Development Department where said record may be ex- amined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to sub- mit to the U.S. Department of Housing and Urban Development fifteen (15) days after publica- tion of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, in- sofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban De- velopment responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personal- ly, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental re- view, decision-making and action. Section 6. That the Mayor of the City of Dubuque is hereby authorized and directed to ex- ecute a certification pertaining to the environmental review procedures. th Passed, approved and adopted this 15 day of September 2008. Kevin J. Lynch, Mayor Pro-Tem 5 Attest: Jeanne F. Schneider, CMC, City Clerk Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recom- mending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2007 through June 30, 2008, which is required by the regulations go- verning the Community Development Block Grant (CDBG) Program. Upon motion the docu- ments were received and filed and Resolution No. 312-08 Authorizing the submission of a Consolidated Annual Performance and Evaluation Project (CAPER) for the period commenc- ing July 1, 2007 and concluding June 30, 2008 was adopted. RESOLUTION NO. 312-08 RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2007 AND CONCLUDING JUNE 30, 2008 Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban De- velopment (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the comple- tion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2007 and concluding June 30, 2008; 2) published notice of availability of the CAPER in the Tele- graph Herald and City of Dubuque website on August 18, 2008; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, Housing and Com- munity Development Department and City of Dubuque website; 4) held a public hearing pur- suant to published notice before the Community Development Advisory Commission on Sep- tember 3, 2008; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2007 and concluding June 30, 2008 is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to ex- ecute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consoli- dated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Hous- ing and Urban Development. th Passed, approved and adopted this 15 day of September 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Vacant and Abandoned Building (VAB) and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assess- ments. Upon motion the documents were received and filed and Resolution No. 313-08 Adopt- ing the schedule of assessments for the vacant and abandoned building and problem property charges specifying the number of annual installments into which assessments are divided, the 6 interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 313-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for vacant and abandoned building and problem property charges, was filed in the office of the City Clerk on th the 10 day of September, 2008, the said Schedule of Assessments be and the same is here- by approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and she is hereby directed to certify said schedule 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 for not more than 15 days from the date of filing of the final schedule. On or be- fore 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 and di- rected 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 publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments, at the County Treasurer’s Office, Dubuque County Courthouse, 720 Cen- tral Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work), 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 install- ment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to Collective Bargaining Agreement: City Manager recommending approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #758, effective October 1, 2008 through September 30, 2009, for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed, and approved. Part-Time Custodian I – Municipal Services Center: City Manager recommending approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and 7 the Teamsters Local Union No. 421 to add the classification of Custodian I to the agreement assigned to Salary Grade GD-03. Upon motion the documents were received, filed, and ap- proved. Purchase of Property – 2110 / 2112 Kniest Street: City Manager recommending approval of the purchase of property at 2110 / 2112 Kniest Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 314-08 Approving the acquisition of real estate located at 2110 / 2112 Kniest Street in the City of Dubuque was adopted. RESOLUTION NO. 314-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2110- 2112 KNIEST STREET, 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 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty eighth 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: The Southeasterly 50 feet of Lot 2 of L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of Dubuque, Iowa, according to the Plat of said subdivision in Deed Record “CC”, page 21, records of Dubuque County, Iowa Subject to easement, reservation and agreements of record at the cost of Ninety thousand dollars ($90,000). 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 here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Purchase of Property – 2269 / 2271 Prince Street: City Manager recommending approval of the purchase of property at 2269 / 2271 Prince Street as part of the acquisition program asso- ciated with the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 315-08 Approving the acquisition of real estate located at 2269 / 2271 Prince Street in the City of Dubuque was adopted. RESOLUTION NO. 315-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2269- 2271 PRINCE STREET, 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 8 in the 2001 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty seventh 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 55 in Sanford Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof At the cost of One Hundred Three thousand dollars ($103,000). 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 here- in described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk nd Purchase of Property – 500 East 22 Street: City Manager recommending approval of the nd purchase of property at 500 East 22 Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 316-08 Approving the acquisition of real estate located at 500 East nd 22 Street in the City of Dubuque was adopted. RESOLUTION NO. 316-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 500 E 22ND STREET, 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 HDR “Drainage Basin Master Plan;” and WHEREAS, a purchase agreement has been finalized with the owner of the forty ninth 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: Southerly 61 feet of the Westerly Half of Lot 1 in L. Kniest’s Subdivision of part of Mineral Lot 314, in the City of Dubuque, Iowa, except so much thereof as was condemned for Railroad Right of Way, Book 51TL-107. This tract fronts 61 feet on East Twenty-Second Street, and 86 feet on Kniest St., except the triangular piece off the Southwesterly corner thereof taken for said Railroad right-of-way. At the cost of One Hundred Ten Thousand dollars ($110,000). 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 here- in described real estate. 9 Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne Schneider, CMC, City Clerk Grass and Weed Cutting Assessments: City Manager recommending approval of grass and weed cutting assessments. Upon motion the documents were received and filed and Resolu- tion No. 317-08 Adopting the schedule of assessments for grass and weed cutting charges specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 317-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR GRASS CUTTING CHARGES SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for grass cut- th ting charges, was filed in the office of the City Clerk on the 10 day of September, 2008, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and she is hereby directed to certify said schedule 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 for not more than 15 days from the date of filing of the final schedule. On or be- fore 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 and di- rected in Iowa Code §384.60. The assessments may be paid in full or in part without interest at the office of the City Trea- th surer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments, at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Ave- nue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work), 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. Property own- ers may elect to pay any annual installments semiannually in advance. th Passed, approved and adopted this 15 day of September, 2008. 10 Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk VISTA Expenditure Request: City Manager recommending approval of the contribution of $2,000 to the Iowa Civil Rights Commission as part of a cost-sharing effort to maintain the State-wide human rights Americorps VISTA program. Upon motion the documents were re- ceived, filed, and approved. Warehouse Cultural and Entertainment District: City Manager recommending approval of a request to the Iowa Department of Cultural Affairs to certify the Warehouse District as a Cul- tural and Entertainment District. Upon motion the documents were received and filed and Res- olution No. 318-08 Certification of the Warehouse Cultural and Entertainment District was adopted. RESOLUTION NO. 318-08 CERTIFICATION OF THE WAREHOUSE CULTURAL AND ENTERTAINMENT DISTRICT Whereas, the Iowa Department of Cultural Affairs certifies Cultural and Entertainment Dis- tricts; and Whereas, the certification of the Warehouse Cultural and Entertainment District is consistent with the 2008 Dubuque Comprehensive Plan and the 2004 Downtown Dubuque Master Plan; and Whereas, the certification of the Warehouse Cultural and Entertainment District will assist the Warehouse District and the community to enhance public-private partnerships to support culture and entertainment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to sign this resolution on behalf of the City of Dubuque and submit the request to the Iowa Department of Cultural Affairs to certify the Warehouse Cultural and Entertainment District. Section 2. The City Council agrees to participate in the development and support of said Warehouse Cultural and Entertainment District for a period of at least ten (10) years, and di- rects the City Manager to actively support and cooperate with the governing board of Dubuque Main Street to develop and maintain the Warehouse Cultural and Entertainment District. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Amendment to First Transit Contract: City Manager recommending approval of an amend- ment to the First Transit contract for Keyline Transit Management Services to include three management positions. Motion by Connors to receive and file the documents and adopt Reso- lution No. 319-08 Approving the Third Amendment to the Management Agreement between the City of Dubuque, Iowa and First Transit, Inc. and Resolution No. 320-08 Abolishing the Operations Supervisor position. Seconded by Braig. Upon being questioned by Connors, Key- line Transit Manger Jon Rodocker stated that a candidate for the First Transit position has not been identified, however, they are looking at hiring locally and also at current First Transit em- ployees. Motion carried 5-0. RESOLUTION NO. 319-08 A RESOLUTION APPROVING THE THIRD AMENDMENT TO THE MANAGEMENT 11 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FIRST TRANSIT, INC. Whereas, the City of Dubuque has identified the need for a transit management company; and Whereas, the City of Dubuque (City) and First Transit, Inc. (First Transit) entered into a Management Agreement on April 3, 2006; and Whereas, a current staffing vacancy for an Operations Supervisor exists at Keyline Transit; and Whereas, City and First Transit now desire to amend the Management Agreement to pro- vide for the position of Operations Supervisor as set forth in the attached Third Amendment. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the Third Amendment to the Management Agreement between the City of Dubuque, Iowa and First Transit, Inc. be approved. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 320-08 ABOLISHING THE OPERATIONS SUPERVISOR POSITION Whereas, Karen Sisler the KeyLine Operations Supervisor retired on September 30, 2008; and Whereas, the City Council has approved a contract amendment with First Transit to perform the job responsibilities of the Operations Supervisor; and Whereas, the City Council has determined it is in the public interest to abolish the Opera- tions Supervisor position. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the position of Operations Supervisor is hereby abolished. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 2008 Justice Assistance Grant: City Manager recommending approval of the acceptance of the 2008 Edward Byrne Memorial Justice Assistance Grant in the amount of $20,040. Upon motion the documents were received, filed, and approved. Petrakis Park Infield Turf Replacement Project: City Manager recommending rejection of the bids received for the Petrakis Park Infield Turf Replacement Project. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 321-08 Rejecting the contract bid pro- posal for the Petrakis Field Infield Turf Replacement Project. Seconded by Jones. Loras Col- lege President Jim Collins stated that Loras College had agreed to participate in joint funding providing half or more of the cost. They commenced fund raising with the expectation of nam- ing rights to the field. Mr. Collins said he learned in late August that the Loras College logo could not be placed on the field and the dugout signage was to be removed. Motion carried 5- 0. RESOLUTION NO. 321-08 REJECTING THE CONTRACT BID PROPOSAL FOR THE PETRAKIS FIELD INFIELD TURF REPLACEMENT PROJECT 12 WHEREAS, sealed proposals were submitted by contractors for the Petrakis Field Infield Turf Replacement Project, pursuant to Resolution No. 244-08 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 25th day of July, 2008; and WHEREAS, the sealed proposals were opened and read by the City Clerk on the 19th day of August, 2008. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The bid proposals received for the Petrakis Field Infield Turf Replacement Project are hereby rejected. Passed, adopted and approved this 15th day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Liquor License Transfer: Request of Loras College to transfer their liquor license to Wahlert Hall for a one-day event on October 3, 2008. Upon motion the documents were received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 322-08 Granting the issuance of one renewal license to sell cigarettes and cigarette pa- pers to Aragon Tap; Resolution No. 323-08 Granting the issuance of a Class “C” Beer Permit to Phillips 66/Arby’s and Puff n Snuff; and Resolution No. 324-08 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Hilton Garden Inn/Houlihans; Class “C” Beer/Liquor License to Angie’s Bar, A & B Tap, Carlos O’Kelly’s Mexican Restaurant and Happy’s Place; Special Class “C” (BW) Liquor License to Tri-State Blind Society; and Class “WCN” (Native Wine) License to Stone Cliff Winery (1-Day Outdoor Sale) were adopted. RESOLUTION NO. 322-08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 1 RENEWAL Aragon Tap Myra K. Woodman 1103 Iowa Street th Passed, approved and adopted this 15 day of September, 2008 Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 323-08 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 “C” BEER PERMIT 13 Liberty Station LLC Phillips 66/Arby’s+(Sunday Sale) 10 S. Main Street Molo Oil Company Puff n Snuff+(Sunday Sale) 1101 Rhomberg Avenue Passed, approved and adopted this 15th day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 324-08 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 “B” (HOTEL/MOTEL) LIQUOR LICNES DBQ Casino Hotel, LLC Hilton Garden Inn/Houlihan 1795 Greyhound Park Road +(Sunday/Outdoor Sale) CLASS “C” BEER/LIQUOR LICENSE Angela Mangeno Angie’s Bar+(Sunday Sale) 1401 Elm Street DDA Enterprise, Inc. A & B Tap +(Sunday Sale) 2600 Central Avenue Carlos O’Kelly’s Carlos O’Kelly’s Mexican Restaurant 1355 Associates Drive +(Sunday Sale) PMST, Inc. Happy’s Place +(Sunday Sale) 2323 Rockdale Road SPECIAL CLASS “C” (BW) LIQUOR Tri-State Independent Blind Tri-State Independent Blind Society 3333 Asbury Road Society CLASS “WCN”(NATIVE WINE) LICENSE Stone Cliff Winery, Inc. Stone Cliff Winery Alliant Amphitheater (1-day Outdoor Sale) Passed, approved and adopted this 15th day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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 5-0. Amendment to Ice Harbor Lease: City Manager recommending that a public hearing be set for October 6, 2008 to consider an amendment to the Ice Harbor Lease with the Dubuque County Historical Society. Upon motion the documents were received and filed and Resolution No. 325-08 Resolution of Intent to dispose of an interest in real property by Third Amendment to Lease between the City of Dubuque, Iowa and Dubuque County Historical Society was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 6, 2008 in the Historic Federal Building. 14 RESOLUTION NO. 325-08 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY THIRD AMENDMENT TO LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County Historical Society (DCHS) entered into a Lease Agreement (Lease) on June 5, 2000 for certain real property (Demised Premises) described in Exhibit A thereto; and WHEREAS, City and DCHS amended the Lease by the First Amendment to Lease Agree- ment which substituted a new description for the Demised Premises; and WHEREAS, City and DCHS desire to again change the description of Demised Premises in the Lease; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to approve the Third Amendment to the Lease Agreement with DCHS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the real property described in the Third Amendment to Lease Agreement between City and DCHS. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a no- tice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the real property described in the Third Amendment to Lease Agreement, to th be held on the 6 day of October, 2008, at 6:30 o'clock p.m. at the Historic Federal Building, Du- buque, Iowa. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Annexation of Property: City Manager recommending the approval of pre-annexation agreements for the West Side Voluntary Annexation and that a public hearing be set on the West Side Annexation Proposal for November 3, 2008. Upon motion the documents were re- ceived and filed, including additional material distributed at the meeting, and Resolution No. 326-08 Approving pre-annexation agreements between the City of Dubuque, Iowa and owners of property in Dubuque County, Iowa and setting a public hearing on the voluntary annexation of certain territory in Dubuque County, Iowa, was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on November 3, 2008 in the Historic Federal Building. RESOLUTION NO. 326-08 APPROVING PRE-ANNEXATION AGREEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA AND OWNERS OF PROPERTY IN DUBUQUE COUNTY, IOWA AND SETTING A PUBLIC HEARING ON THE VOLUNTARY ANNEXATION OF CERTAIN TERRITORY IN DUBUQUE COUNTY, IOWA Whereas, the owners of property in Dubuque County, Iowa have submitted written applica- tions for the voluntary annexation of approximately 621.35 acres by the City of Dubuque, Iowa; and Whereas, in order to avoid the creation of islands and/or to provide more uniform bounda- ries, it is necessary and in the public interest and required by Iowa law that approximately 22.22 acres of additional land whose owners have not consented to the voluntary annexation of said land be included as part of the annexation territory; and Whereas, the annexation territory includes approximately 2.80 acres of public right-of-way for adjoining private streets; and 15 Whereas, the annexation territory includes approximately 9.85 acres of Dubuque County public right-of-way for Middle Road, an adjoining secondary road; and Whereas, Iowa Code Section 368.5 allows the inclusion of county right-of-way for adjoining secondary roads; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory does not include any state or railroad property; and Whereas, Iowa Code Section 368.7(1) authorizes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the Comprehensive Plan of the City of Dubu- que, necessary for the future orderly growth and development of the City of Dubuque and will promote the efficient and cost effective extension of municipal services; and Whereas, the City of Dubuque has the capacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the pre-annexation agreements with the property owners requesting volun- tary annexation of approximately 621.35 acres of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A and B and legally described as shown in Exhibit C, are hereby approved and the City Manager be and is hereby directed to sign said agreements on behalf of the City of Dubuque, Iowa. rd Section 2. That a public hearing will be held on the 3 day of November 2008 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 annexation of approximately 656.22 acres of territory lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibits A and B, and legally described as shown in Exhibit C, and the City Clerk be and is hereby directed to cause the 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 ten (10) business days prior to the date of such hearing. At the hearing, any interested person may appear and file comments for or against the proposed annexation. th Passed, approved and adopted this 15 day of September 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through October 1, 2011 (Term of O’Toole). Applicant: Edward Cawley, 598 Needham Place. Mr. Cawley spoke in support of his appointment. Human Rights Commission: One 3-year term through January 1, 2011 (Term of Chatfield). Applicant: Jim Allan, 850 Hawkeye Drive. Mr. Allan spoke in support of his appointment. Library Board of Trustees (Mayoral appointment): One 4-year term through July 1, 2009 (Term of Hauder). Applicants: Matthew Seamer, 432 Summit Street; and Mike Willis, 1355 W. th 5 Street. Mr. Willis spoke in support of his appointment. Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through October 1, 2011 (Term of Klostermann). Applicant: Wayne Klostermann, 2636 Queen Street. Motion by Braig to appoint Wayne Klosterman to the 16 Environmental Stewardship Advisory Commission for a 3-year term through October 1, 2011. Seconded by Jones. Motion carried 5-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Dubuque Industrial Center Planned Unit Development District: Proof of publication on notice of hearing to consider a request from the City of Dubuque/Dubuque Initiatives to amend the Planned Unit Development (PUD) District for the Dubuque Industrial Center, located on Cha- venelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with condi- tions. City Manager requesting that this item be tabled to November 17, 2008. Motion by Connors to receive and file the documents and table until November 17, 2008. Seconded by Braig. Motion carried 5-0. Loras College – Planned Unit Development (PUD) Amendment: Proof of publication on no- tice of hearing to consider a request from Jim Collins, Loras College, to amend the Loras Col- lege ID Institutional District to allow a 32-unit Oaks Housing Project south of Byrne Oaks hous- ing complex and north of Rohlman Hall and Zoning Advisory Commission recommending ap- proval. Motion by Jones to receive and file the documents and consider the first reading of a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances No. 18-00, 01-02 and 11- 06, and approving an amended Campus Development Plan for the new Oaks Housing Project for the Loras College ID Institutional District. Seconded by Connors. Loras College President Jim Collins spoke in support of the proposed ordinance and Loras College Physical Plant Manager John McDermott provided a slide show of the project. City of Dubuque Planning Ser- vices Manager Laura Carstens provided a staff report. Resnick questioned if the 1.5 per-unit parking requirement would be enough for four students per unit. Motion carried 5-0. Text Amendment – Rural Residential Overlay District (RROD): Proof of publication on notice of hearing to consider a request from the City of Dubuque to amend Section 2.1 and Section 3- 5.7 of the City of Dubuque Zoning Ordinance to establish a Rural Residential Overlay District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and consider the first reading of a proposed ordinance amending Section 2.1 and Section 3-5.7 of the City of Dubuque Zoning Ordinance to establish a Rural Residential Overlay District. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Motion carried 5-0. Montcrest Street Sanitary Sewer Extension Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract and estimated cost and Resolution of Necessity for the Montcrest Street Sanitary Sewer Extension Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 327-08 Approving plans, specifications, form of contract, and estimated cost for the Montcrest Street Sanitary Sewer Extension Project; Resolution No. 328-08 With respect to the adoption of the Resolution of Necessity for the Montcrest Sanitary Sewer Exten- sion Project; and Resolution No. 329-08 Approving schedule of assessments and estimate of total cost for the Montcrest Sanitary Sewer Extension Project. Seconded by Braig. Motion car- 17 ried 5-0. RESOLUTION NO. 327-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE MONTCREST SANITARY SEWER EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Montcrest Sanitary Sewer Extension Project, in the estimated amount $59,632.45, are hereby approved. th Passed, adopted and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 328-08 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE MONTCREST SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Montcrest Sanita- ry Sewer Extension Project and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. th Passed, adopted and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 329-08 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE MONTCREST SANITARY SEWER EXTENSION PROJECT NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the Montcrest Sanitary Sewer Extension Project are hereby approved. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Carnegie Stout Public Library Renovation Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Carnegie Stout Public Library Renovation Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 330-08 Approving plans, specifications, form of contract, and estimated cost for the Carnegie Stout Public Library 18 Renovation Project. Seconded by Connors. Motion carried 5-0. RESOLUTION NO. 330-08 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CARNEGIE-STOUT PUBLIC LIBRARY RENOVATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Carne- gie-Stout Public Library Renovation Project, in the estimated amount $5,491,714.00, are here- by approved. th Passed, adopted and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Development of Speculative Building – Development Agreement: Proof of publication on no- tice of hearing to consider approval of a Development Agreement with Spiegel Family Realty of Iowa, LLC for the construction of a 200,000 square foot speculative industrial building in Dubu- que Industrial Center West and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 331-08 Accepting the proposal from Spiegel Family Realty of Iowa for the purchase of property in the Dubuque Industrial Center Urban Renewal District in the City of Dubuque, Iowa and approving the Development Agree- ment with Spiegel Family Realty of Iowa. Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 331-08 ACCEPTING THE PROPOSAL FROM SPIEGEL FAMILY REALTY OF IOWA FOR THE PURCHASE OF PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL DISTRICT IN THE CITY OF DUBUQUE, IOWA AND APPROVING THE DEVELOPMENT AGREEMENT WITH SPIEGEL FAMILY REALTY OF IOWA Whereas, the City Council, by Resolution No. 259-08, dated August 4, 2008: 1. Adopted the terms and conditions for offering for disposition of certain real property and improvements in the Dubuque Industrial Center Urban Renewal District in the City of Dubuque, Iowa, referred to as lots; 2. Determined that the proposal submitted by Spiegel Family Realty of Iowa satisfied the re- quirements of said offering; 3. Declared its intent to accept the Spiegel Family Realty of Iowa proposal in the event no other qualified proposals were timely submitted for the property; and 4. Invited competing proposals which met the terms and conditions of the offering, to be submitted to the City Clerk on or before 10:00 a.m., September 10, 2008; and; Whereas, on August 8, 2008, the Resolution was published as the official notice of the offer- ing and of the intent of the City of Dubuque, Iowa, in the event no other qualified proposals were timely submitted, to approve the Development Agreement proposed by Spiegel Family Realty of Iowa; and Whereas, by separate Resolution of this date, the City Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; an Whereas, it is the determination of the City Council that approval of the Development Agreement with Spiegel Family Realty of Iowa is in the public interest of the citizens of the City of Dubuque, and is consistent with the City’s Urban Renewal Plan for the Dubuque Industrial Center Urban Renewal District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 19 DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and Spiegel Family Realty of Iowa is in the public interest of the citizens of the City of Dubuque and in furtherance of the City’s Urban Renewal Plan, and is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to im- plement the terms of the Development Agreement as herein approved. th Passed, approved and adopted this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Water Revenue Bonds: Proof of publication on notice of hearing to consider the issuance of not to exceed $1,350,000 Water Revenue Bonds to pay the costs of water main replacements and repairs, construction of water main extensions, and the acquisition and installation of pump station radio communications equipment and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 332-08 Institut- ing proceedings to take additional action for the issuance of not to exceed $1,350,000 Water Revenue Bonds. Seconded by Braig. Motion carried 5-0. RESOLUTION NO. 332-08 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,350,000 WATER REVENUE BONDS WHEREAS, pursuant to notice published as required by law, a public meeting and hearing has been held upon the proposal to institute proceedings for the issuance of not to exceed $1,350,000 Water Revenue Bonds for the purpose of paying costs of water main replacements and repairs, construction of water main extensions, and the acquisition and installation of pump station radio communications equipment and facilities; and the extent of objections re- ceived from residents or property owners as to the proposed issuance of Bonds has been fully considered; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this governing body does hereby institute proceedings and takes additional action for the sale and issuance in the manner required by law of not to exceed $1,350,000 Water Revenue Bonds for the foregoing purposes. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of Bonds, to select a date for the sale thereof, to cause to be prepared such no- tice and sale information as may appear appropriate, to publish and distribute the same on be- half of the City and otherwise to take all action necessary to permit the sale of the Bonds on a basis favorable to the City and acceptable to this governing body. th Passed and approved, this 15 day of September, 2008. Kevin J. Lynch, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds – Bee Branch Project: Proof of publication on notice of hearing to consider the issuance of not to exceed $4,000,000 General Obligation Bonds for the Bee Branch Project and City Manager recommending approval. Motion by Connors to receive and 20 file the documents and adopt Resolution No. 333-08 Instituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds. Seconded by Braig. Motion carried 5-0. RESOLUTION NO. 333-08 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $4,000,000 General Obligation Bonds for the essential corporate purposes of paying costs of the construction of stormwater management facilities and improvements, including those costs associated with the acquisition of properties for the Bee Branch Creek Restoration Project, and has considered the extent of objections received from residents or property own- ers as to said proposed issuance of bonds; and, accordingly the following action is now consi- dered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $4,000,000 General Ob- ligation Bonds for the foregoing essential corporate purposes. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. th Passed and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds – Greater Downtown Urban Renewal District: Proof of publication on notice of hearing to consider the issuance of not to exceed $3,000,000 General Obligation Bonds to provide funds for the Library Renovation Project and the Kephart Building renova- tions and City Manager recommending approval. Motion by Jones to receive and file the doc- uments and adopt Resolution No. 334-08 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligations Bonds. Seconded by Connors. Motion carried 5-0. RESOLUTION NO. 334-08 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $3,000,000 General Obligation Bonds for the essential corporate purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Re- newal Plan for the Greater Downtown Urban Renewal District, including those costs asso- ciated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as 21 to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,000,000 General Ob- ligation Bonds for the foregoing essential corporate purposes. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. th Passed and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds – Dubuque Industrial Center West Urban Renewal District: Proof of publication on notice of hearing to consider the issuance of not to exceed $3,100,000 Gen- eral Obligation Bonds to pay the costs associated with the North Siegert Farm demolition and grading project at the Dubuque Industrial Center West (DICW) and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 335-08 Instituting proceedings to take additional action for the issuance of not to exceed $3,100,000 General Obligation Bonds. Seconded by Braig. Motion carried 5-0. RESOLUTION NO. 335-08 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $3,100,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to ex- ceed $3,100,000 General Obligation Bonds for the essential corporate purpose of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Re- newal Plan for the Dubuque Industrial Center West Economic Development District, including those costs associated with the North Siegert Farm demolition and grading project, and no pe- tition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $3,100,000 General Ob- ligation Bonds for the foregoing essential corporate purposes. Section 2. The Finance Officer is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. th Passed and approved this 15 day of September, 2008. 22 Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council – Dennis O’Meara: Communication from Dennis O’Meara requesting to address the City Council regarding issues related to the City of Dubu- que and the City Council’s Zoning Board of Adjustment and Zoning Advisory Commission. Mo- tion by Connors to receive and file the documents. Seconded by Jones. Dennis Michael O’Meara, 105 N. Cathy Lane, Mt. Prospect, Illinois, stated that he took exception to the City’s Zoning Advisory Commission and Zoning Board of Adjustment in terms of their by-laws not be- ing published or readily available. He took issue with the fact that some applicants were re- quired to pay fees while others did not. He felt the two bodies did not know their rights and did not follow due process. Assistant City Attorney Tim O’Brien assured Council and Mr. O’Meara that the procedures of these two commissions are in complete compliance with State laws. Motion failed 2-3. Request to Address the City Council – Lorraine McGuire: Communication from Lorraine McGuire to address the City Council regarding declaring Dubuque a “Sex Offender Free Zone.” Motion by Connors to receive and file the documents including additional material handed out at the meeting and refer to the City Manager, Police Chief and the Dubuque Coun- ty Sheriff. Seconded by Braig. Lorraine McGuire, 3100 Brunskill Road, spoke regarding the is- sue of protecting children from sex offenders and proposed an ordinance be passed that would dictate protected areas and behavior-specific enforcement. Police Chief Kim Wadding re- sponded to questions from the City Council stating that law enforcement wants the State Leg- islature to improve laws and safety-free zones and that enforcement is not possible unless someone has committed a crime. Wadding added that action is taken with suspicious persons. Jones stated that most sex offenses are committed by a familiar person and suggested the County Sheriff and Police Chief Wadding make a recommendation. Motion carried 5-0. Dubuque Main Street, Ltd.: Dan LoBianco, President of Dubuque Main Street, provided a verbal quarterly report on the activities of Dubuque Main Street. Motion by Jones to receive and file the information. Seconded by Braig. Motion carried 5-0. Greater Downtown Urban Renewal District: City Manager recommending adoption of an or- dinance creating the tax increment financing district for the Greater Downtown Urban Renewal District. Motion by Connors to receive and file the documents and consider the first reading of a proposed ordinance amending Ordinance Nos. 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubu- que, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Du- buque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 5-0. 23 Dubuque Brewing and Malting Urban Renewal District: City Manager recommending adop- tion of an ordinance creating the tax increment financing district for the Dubuque Brewing and Malting Urban Renewal District. Motion by Connors to receive and file the documents and con- sider the first reading of a proposed ordinance providing that general property taxes levied and collected each year on all property located within the Dubuque Brewing and Malting Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be is- sued, incurred by said City in connection with the Dubuque Brewing and Malting Urban Re- newal District. Seconded by Braig. Motion carried 5-0. Water Revenue Bonds – Advertisement for Sale: City Manager recommending approval of the advertisement for the sale of $1,195,000 Water Revenue Bonds and the electronic bidding procedures and form of notice of sale. Motion by Jones to receive and file the documents and adopt Resolution No. 336-08 Directing the advertisement for sale of $1,195,000 Water Reve- nue Bonds, Series 2008D, and approving electronic bidding procedures. Seconded by Con- nors. Motion carried 5-0. RESOLUTION 336-08 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,195,000 WATER REVENUE BONDS, SERIES 2008D, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Dubuque, Iowa (the "City") is in need of funds to pay costs of water main replacements and repairs, construction of water main extensions, and the acquisition and installation of pump station radio communications equipment and facilities, and it is deemed necessary and advisable that the City issue water revenue bonds for such purposes to the amount of $1,195,000 as authorized by Section 384.83 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.83 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of Bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the Council has received information from its Financial Consultant recommend- ing that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bid- ding process and facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and inter- net communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: © Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. 24 Section 2. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal news- paper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 6th day of October, 2008, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for the Bonds; the notice to be in substantially the [provided] form. th Passed and approved this 15 day of September, 2008. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk General Obligation Bonds – Advertisement for Sale: City Manager recommending approval of the advertisement for the sale of $3,885,000 General Obligation Stormwater Bonds, Series 2008A; $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B; and $2,465,000 General Obligation Urban Renewal Bonds, Taxable Series 2008C and the electronic bidding procedures and form of notice of sale. Motion by Jones to receive and file the documents and adopt Resolution No. 337-08 Directing the advertisement for sale of General Obligation Stormwater Bonds, Series 2008A, General Obligation Urban Renewal Bonds, Series 2008B, and General Obligation Urban Renewal Bonds, Taxable Series 2008C, in the aggregate prin- cipal amount of $9,640,000, and approving electronic bidding procedures. Seconded by Braig. Motion carried 5-0. RESOLUTION NO. 337-08 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A, GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2008B, AND GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2008C, IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,640,000 AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City of Dubuque, Iowa (the "City") is in need of funds to pay costs of the construction of stormwater management facilities and improvements, including those costs as- sociated with the acquisition of properties for the Bee Branch Creek Restoration Project, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation stormwater bonds for said purpose in the amount of not to exceed $4,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of aiding in the planning, undertak- ing and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, including those costs associated with the Library Renovation Project and building renovations and improvements to the former Kephart's Building, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $3,000,000 as authorized by Sections 403.12 25 and 384.24(3)(q) of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City also is in need of funds to pay costs of aiding in the planning, undertak- ing and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Indus- trial Center West Economic Development District, including those costs associated with the North Siegert Farm demolition and grading project, and it is deemed necessary and advisable that the City issue general obligation urban renewal bonds for said purpose to the amount of not to exceed $3,100,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and WHEREAS, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an elec- tion thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale in three separate series, in the aggregate principal amounts as herei- nafter described; and WHEREAS, the Council has received information from its Financial Consultant recommend- ing that sealed and electronic facsimile and internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the competitive bid- ding process and facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic facsimile and inter- net communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: © Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Tele- graph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 6th day of October, 2008, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the [provided] form: th Passed and approved this 15 day of September, 2008. 26 Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Application for Demolition Permit: City Manager recommending approval of an amendment to the demolition ordinance to require the applicant to notify adjacent property owners of the filing of an application for a demolition permit. Motion by Jones to receive and file the docu- ments and consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Section 11-57 Application for Permit by adding a new Subsection (d) requiring the applicant to notify adjacent property owners of the filing of an application for a demolition permit. Seconded by Braig. Motion carried 5-0. COUNCIL MEMBER REPORTS Connors reported on her attendance at the recent Iowa League of Cities meeting and the continued talk about last year’s conference in Dubuque. Connors commented on the League’s “Who will Lead Cities Tomorrow” workshop and exploring the idea of a Citizen’s Academy for learning the process of government. Braig requested members of Boy Scout Troop 48 from St. Paul’s Lutheran Church who were in attendance to introduce themselves. PUBLIC INPUT Greater Dubuque Development Corporation Executive Director Rick Dickinson thanked the City Council for their recent approval of the development agreement with Speigel Family Real- ty and their commitment to the sale of bonds for the Dubuque Industrial Center West. Dickin- son also stated that he believed the request by Loras College to rezone property for their Byrne Oaks Housing project is being seriously delayed and asked City Council to consider a special meeting to consider approval of the request. Connors stated she was willing to support the request. CLOSED SESSION Motion by Jones to go into closed session at 8:45 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Res- nick. Motion carried 5-0. Upon motion the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the meeting adjourned at 9:05 p.m. /s/Jeanne F. Schneider, CMC City Clerk 27