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1 5 09 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 5, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Reverend Nancy Bickel, First Congregational United Church of Christ PROCLAMATIONS Special Olympics Iowa Dubuque Winter Games Proclamation (January 12 – 14, 2009) was accepted by Paul Gorrell, 917 Patricia Ann Drive; Martin Luther King Days (January 18 and 19, 2009) was accepted by Reverend Tim Bees, 1401 Henion Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Council of 12/15; Civil Service Commission of 12/23; Park and Recreation Commission of 12/9; Plumbing Board of 12/18 Proofs of publication of City Council Proceedings of December 1, 2008 (Regular and Special Meeting) Upon motion the documents were received and filed. Notice of Claims/Suits: Bonjour Estates for property damage; Gloria Kramer for vehicle damage; Timothy Wolfe for personal injury; Debbie Kieffer for vehicle damage; French Quarter Estates, L.C. vs. City of Dubuque for overcharging for water service; Jim David for property damage; William Latham for personal injury; Noel F. Ploessl for vehicle damage. Upon motion the documents were received and 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: Timothy R. Wolfe for personal injury; Debbie Kieffer for vehicle damage; Gloria Kramer for vehicle damage. Upon motion the documents were received, filed and concurred. Worker’s Compensation Claims Administrative Services Agreement: City Manager recommending approval of the agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City’s Worker’s Compensation Program. Upon motion the documents were received, filed, and approved. Hempstead Safety Improvements – Crosswalks and Geometrics Project: City Manager recommending that the Hempstead Safety Improvements – Crosswalks and Geometrics Project contract award to McDermott Excavating in the amount of $83,403.51 be recorded in the official minutes of the City Council. Upon motion the documents were received and filed and made a Matter of Record. 2008 Sidewalk Assessment Program: City Manager recommending approval of the levy of special assessments for the 2008 Sidewalk Inspection Program. Upon motion the documents were received and filed and Resolution No. 1-09 Adopting the final assessment schedule for the 2008 Sidewalk Assessment Program was adopted. RESOLUTION NO. 1-09 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2008 SIDEWALK ASSESSMENT 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 sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the 2008 Sidewalk Assessment 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 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Mayor Communication: Communication from Mayor Roy Buol to The Honorable Thomas Vilsack congratulating him on his appointment by President-Elect Barack Obama as Secretary of the U.S. Department of Agriculture and offering a suggestion on how to help revitalize rural America. Upon motion the document was received and filed. 2 City of Epworth: Communication from Phillip W. Silker, Mayor of the City of Epworth, thanking the City of Dubuque Fire Department for their assistance with a fire in the early th morning hours of December 7. Upon motion the document was received and filed. 1000 Friends of Iowa: Two news releases announcing that the City of Dubuque HEART Program has received the 1000 Friends of Iowa 2008 Best Development Award. Upon motion the documents were received and filed. Groveland Place Sanitary Sewer Reconstruction Project: City Manager recommending acceptance of the Groveland Place Sanitary Sewer Reconstruction Project as completed by Arensdorf Excavating & Trucking in the final contract amount of $46,884.14. Upon motion the documents were received and filed and Resolution No. 2-09 Accepting the Groveland Place Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 2-09 ACCEPTING THE GROVELAND PLACE SANITARY SEWER RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Groveland Place Sanitary Sewer Reconstruction 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. 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 Groveland Brunswick to Burden CIP (7101902) and General Sanitary Sewer Repairs CIP (7101289) appropriations for the contract amount of $46,884.14 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 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE GROVELAND PLACE SANITARY SEWER RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Groveland Place Sanitary Sewer Reconstruction 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 $60,282.36. th Dated this 5 day of January, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 5 day of January, 2009. Jeanne F. Schneider, CMC, City Clerk 3 John F. Kennedy Road and Kaufmann Avenue Storm Sewer Project: City Manager recommending acceptance of the John F. Kennedy Road and Kaufmann Avenue Storm Sewer Project as completed by McDermott Excavating in the final contract amount of $70,278.16. Upon motion the documents were received and filed and Resolution No. 3-09 Accepting the John F. Kennedy Road-Kaufmann Avenue Storm Sewer Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 3-09 ACCEPTING THE JOHN F. KENNEDY ROAD-KAUFMANN AVENUE STORM SEWER PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the John F. Kennedy Road-Kaufmann Avenue Storm Sewer 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. 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 Kaufmann & JFK Storm Sewer Repairs (CIP#7201358), the JFK Storm Reconstruction – Kaufmann to Rosewood (CIP#7201909), and the General Sanitary Sewer Repairs (CIP#7201066) Capital Improvement Program appropriations for the contract amount of $70,278.16 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 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE JOHN F. KENNEDY ROAD-KAUFMANN AVENUE STORM SEWER PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the John F. Kennedy Road & Kaufmann Avenue Storm Sewer 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 $78,630.17. th Dated this 5 day of January, 2009. Gus Psihoyos. City Engineer th Filed in the office of the City Clerk on the 5 day of January, 2009. Jeanne F. Schneider, CMC, City Clerk Hawthorne Street – Sutton Pool Storm Sewer Extension Project: City Manager recommending acceptance of the Hawthorne Street – Sutton Pool Storm Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc. of Dubuque, Iowa, in the final contract amount of $41,286.40. Upon motion the documents were received and filed and Resolution No. 4-09 Accepting the Hawthorne Street – Sutton Pool Storm Sewer Extension Project and authorizing the payment of the contract amount to the contractor was adopted. 4 RESOLUTION NO. 4-09 ACCEPTING THE HAWTHORNE STREET – SUTTON POOL STORM SEWER EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Hawthorne Street – Sutton Pool Storm Sewer Extension 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. 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 Hawthorne Street – Sutton Pool Storm Sewer Extension Project (CIP#7201059) Capital Improvement Program appropriation for the contract amount of $41,286.40 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 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HAWTHORNE STREET – SUTTON POOL STORM SEWER EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Hawthorne Street – Sutton Pool Storm Sewer Extension 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 $52,710.11. th Dated this 5 day of January, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 5 day of January, 2009. Jeanne F. Schneider, CMC, City Clerk Supervisory Training Agreement: City Manager recommending approval of an agreement with Dale Carnegie Training to provide supervisory training for the City of Dubuque. Upon motion the documents were received, filed, and approved. Purchase of Property – 1576 Maple Street: City Manager recommending approval of the purchase of a residential dwelling located at 1576 Maple 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. 5-09 Approving the acquisition of real estate located at 1576 Maple Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 5-09 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 1576 MAPLE 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 sixty first 5 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: North ½ of Lot 317 in “East Dubuque No. 2” in the City of Dubuque, Iowa according to the recorded plat thereof at the cost of Seventy-seven thousand dollars ($77,000). 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 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 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 adopted this 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk Zoning Board of Adjustment Resignation: Resignation of William Gasper from the Zoning Board of Adjustment. Upon motion the document was received and filed and the resignation accepted. Five Flags HVAC and Promenade Roof Replacement Project: City Manager recommending acceptance of the Five Flags HVAC and Promenade Roof Replacement Project as completed by Giese Sheet Metal in the final contract amount of $711,126.00. Upon motion the documents were received and filed and Resolution No. 6-09 Accepting improvement and Resolution No. 7-09 Approving final estimate were adopted. RESOLUTION NO. 6-09 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags HVAC and Promenade Roof Replacement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 7-09 FINAL ESTIMATE WHEREAS, the contract for the Five Flags HVAC and Promenade Roof Replacement Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous 6 costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $711,126, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Veterans Memorial Park Rest Room Renovation Project: City Manager recommending acceptance of the Veterans Memorial Park Rest Room Renovation Project as completed by Klauer Construction Company in the final contract amount of $70,485. Upon motion the documents were received and filed and Resolution No. 8-09 Accepting improvement and Resolution No. 9-09 Approving final estimate was adopted. RESOLUTION NO. 8-09 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Veterans’ Memorial Park Rest Room Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 9-09 FINAL ESTIMATE WHEREAS, the contract for the Veterans’ Memorial Park Rest Room Renovation Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $70,485, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACHIEVE Healthy Communities Grant: City Manager recommending approval of an application to the National Recreation and Park Association to become an ACHIEVE Healthy Communities Demonstration Site. Upon motion the documents were received, filed, and approved. 7 2008 Annual Tax Increment Financing Report: City Manager recommending approval of the 2008 Annual Tax Increment Financing Report. Upon motion the documents were received, filed, and approved. Coalition for Supreme Court Appeal: City Manager recommending that the City join a coalition of communities to file a certiorari petition in the United States Supreme Court asking the Court to review and revise the decision of the United States Court of Appeals for the Sixth Circuit which upheld the Federal Communications Commission order preempting local authority over cable franchising for new entrants. Upon motion the documents were received, filed, and approved. Signed Contracts: Chassis purchases for pumper in Fiscal Year 2010 CIP. Upon motion the document was 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. 10-09 Granting the issuance of a Class “B” Beer Permit to UAW Local #94; and a Class “C” Beer Permit to Clark of Dubuque; and Resolution No. 11-09 Granting the issuance of a Class “B” Liquor License to Champps; Class “C” Beer/Liquor License to The Lounge and Breezers Pub; Class “B” Wine Permit to Dubuque Religious Center; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #2 were adopted. RESOLUTION NO. 10-09 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 International UAW # 94 UAW Local #94+(Sunday Sale) 3450 Central Avenue CLASS “C” BEER PERMIT Hiba Petroleum Clark of Dubuque+(Sunday Sale) 700 Rhomberg Avenue Passed, approved and adopted this 5th day of January, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 11-09 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. 8 CLASS “B” LIQUOR LICENSE Dodge St. Entertainment Champps Americana+(Sunday/Outdoor 3100 Dodge Sale) Street CLASS “C” BEER/LIQUOR LICENSE Phillip Love The Lounge 481 Locust Street Breezers Pub Company Breezers Pub+(Sunday Sale) 600 Central Avenue CLASS “B” WINE Dubuque Religious Center Dubuque Religious Center 923 Main Street CLASS “WBN” NATIVE WINE Hy-Vee Inc. Hy-Vee Gas #2 2435 NW Arterial Passed, approved and adopted this 5th day of January, 2009 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 7-0. Oak Grove Sanitary Sewer and Water Main Extension Project: City Manager recommending initiation of the public bidding process for the Oak Grove Sanitary Sewer and Water Main Extension Project and that a public hearing be set for January 20, 2009, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 12-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Oak Grove Sanitary Sewer and Water Main Extension Project; Resolution No. 13- 09 Approving the plat, preliminary schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity; and Resolution No. 14-08 Resolution of Necessity for the Oak Grove Sanitary Sewer and Water Main Extension Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 20, 2009 in the Historic Federal Building. RESOLUTION NO. 12-09 OAK GROVE SANITARY SEWER AND WATER MAIN EXTENSION 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 Oak Grove Sanitary Sewer and Water Main Extension Project, in the estimated amount $174,781.26, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of January, 2009, 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 9 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 Oak Grove Sanitary Sewer and Water Main Extension 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 in a newspaper having general circulation in the City of Dubuque, Iowa. Such notice shall be published not less than four but not more than forty-five days before the date for filing bids by 2:00 p.m. on the 21st day of January, 2009. Bids shall be opened and read by the City Clerk at said time and nd will be submitted to the City Council for final action at 6:30 p.m. on the 2 day of February, th 2009, in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 13-09 OAK GROVE SANITARY SEWER & WATER MAIN EXTENSION PROJECT APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the proposed Resolution of Necessity for the Project has been introduced for the Project. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached plat, schedule of assessments, and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project and the proposed Resolution of Necessity are hereby approved and ordered placed on file in the Office of the City Clerk. th The City Council will meet on the 20 day of January, 2009, at 6:30 p.m. at the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and 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 once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. th Passed, approved and adopted this 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 10 RESOLUTION NO. 14-09 RESOLUTION OF NECESSITY FOR THE OAK GROVE SANITARY SEWER & WATER MAIN EXTENSION PROJECT Whereas, the plat, schedule of assessments, and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Installation of 992 feet of 2-inch force main and individual grinder pumps for six houses and one vacant lot. It will also include the installation of 440 feet of 8-inch water main and 290 feet of private water service line to serve each house and the vacant lot. There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the Council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: The City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City th Clerk this 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Fiscal Year 2010 Annual Action Plan: City Manager recommending that a public hearing be set for February 19, 2009 to consider approval of the Fiscal Year 2010 Annual Action Plan. Upon motion the documents were received and filed and Resolution No. 15-09 Setting a public hearing on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 19, 2009 in the Historic Federal Building. RESOLUTION NO. 15-09 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2010 PROGRAM YEAR 2009) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2010 (Program Year 2009) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2010 (Program Year 2009) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 11 Section 1. That the City Council will meet in the Historic Federal Building, Council ndth Chambers, 2 Floor, 350 West 6 Street, Dubuque, Iowa at 6:30 p.m. on February 19, 2009 for the purpose of holding a public hearing and taking action on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant Annual Plan. th Passed, approved and adopted this 5 day of January, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Board: Housing Code Appeals Board. Two 3-year terms through January 11, 2012 (Terms of Durley and Newman). Applicants: Fred Miller, 2462 Central Avenue; Paul Newman, 1895 Central Avenue, #3. Motion by Connors to appoint Fred Miller and Paul Newman to the Housing Code Appeals Board for three-year terms through January 11, 2012. Seconded by Lynch. Motion carried 7-0. ACTION ITEMS National Trust for Historic Preservation Memorandum of Understanding (MOU): City Manager recommending approval of a Memorandum of Understanding with the National Trust for Historic Preservation for the City to participate in a Preservation Green Lab demonstration project. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. Electrical Code Ordinance: City Manager recommending approval of a correction to a typographical error in the Electrical Code Ordinance. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 1-09 Rescinding Ordinance No. 15-06 which contained references to an incorrect section of Chapter 18 Electricity of the City of Dubuque Code of Ordinances and adopting a new ordinance which amends Chapter 18, Section 2 by increasing the number of members, providing for regular and special meetings, and amending and adding definitions. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-09 ORDINANCE RESCINDING ORDINANCE NO. 15-06 WHICH CONTAINED REFERENCES TO AN INCORRECT SECTION OF CHAPTER 18 ELECTRICITY OF THE CITY OF DUBUQUE CODE OF ORDINANCES AND ADOPTING A NEW ORDINANCE WHICH AMENDS CHAPTER 18 SECTION 2 BY INCREASING THE NUMBER OF MEMBERS, PROVIDING FOR REGULAR AND SPECIAL MEETINGS, AND AMENDING AND ADDING DEFINITIONS. Section 1. City of Dubuque Code of Ordinances § 18-2 is amended by amending Section 81-3(b) and 81-3(d)(5) to read as follows: . . . . 12 (b) Membership. The Electrical Code Board shall consist of seven (7) members appointed by the city council. Six (6) members shall have a background or experience in electrical engineering, electrical contracting, electrical installation, or electrical maintenance, and one (1) member shall be appointed from the public at large. . . . . (d) Rules and Regulations. The Electrical Code Board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: . . . . (5) Meetings. Regular meetings of the Electrical Code Board shall be held on the th fourth (4) Monday in January, March, May, July, September, and November. Special meetings may be called from time to time by the chairperson, the secretary, or the city manager. When the day fixed for any regular meeting of the Electrical Code Board falls upon a day designated as a legal or national holiday or city holiday, such meeting shall be held on the next succeeding day not a holiday. The secretary shall give notice to the members of the Board if there is no business filed with the secretary to be heard by the Board by noon on the Wednesday prior to the regular meeting date and such regular meeting shall stand cancelled. The secretary shall provide notice of the cancellation of the meeting in the same manner as notice of a regular meeting. Members of the Board shall attend at least two-thirds (2/3) of all scheduled meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the Board to recommend to the city council that said member be replaced. Section 2. City of Dubuque Code of Ordinances § 18-2 is amended by amending or adding the following definitions to Section 83-1: 83-1. Definitions. As used in this Article, the following words and phrases shall have the following meanings: Apprentice or helper means a person who does not hold a license as a journeyman electrician, maintenance electrician, or contractor and who is assisting in the installation, alteration, or repair of electrical work under the supervision of a Class I, II, or III electrical license holder. Under the supervision of a Class I, II, or III, electrical license holder shall mean that a Class I, II, or III certificate competency holder is physically present on the job site and at the same project location and that the apprentice is engaged in the same phase of the project as the Class I, II, or III certificate competency holder. However, the apprentice is not required to be within sight of the Class I, II, or III certificate competency holder at all times. . . . . Journeyman electrician means a person having the necessary qualifications, training, experience, and technical knowledge to wire for or install electrical wiring, electrical apparatus, and electrical equipment, and to supervise apprentices, and who is licensed by the Electrical Code Board. . . . . Master electrician/electrical contractor means a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, install, service, and supervise the installation of electrical wiring, electrical equipment apparatus, electrical equipment for light, heat, power, and other purposes and to supervise apprentices, and who is licensed by the Electrical Code Board. . . . . Section 3. This Ordinance shall take effect on publication. th Passed, approved and adopted the 5 day of January, 2009. /s/Roy D. Buol, Mayor 13 Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 9 day of January, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Greater Dubuque Development Corporation: City Manager recommending approval of a three-year funding request by Greater Dubuque Development Corporation for support of the Dubuque Works workforce development program. Motion by Connors to receive and file the documents and approve the request. Seconded by Jones. Mr. Dickinson, 300 Main Street, spoke to the City Council in support the request. Motion carried 7-0. Dubuque Area Labor Management Council: City Manager recommending approval of the Dubuque Area Labor Management Council’s five-year funding request. Motion by Connors to receive and file the documents and approve the request. Seconded by Jones. Dubuque Area Labor Management Director Rick Running, 2478 Beacon Hill Drive, spoke to the City Council in support of the request and about the purpose of the Dubuque Area Labor Management Council. Motion carried 7-0 Federal Legislative Priorities: City Manager recommending approval of the City’s 2009 Federal Legislative Priorities. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. City Council Appointments: Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2009 (currently City Council Members Ric Jones and David Resnick), and a representative appointed by the City Manager (currently Janet Walker). Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Mayor and City Council appointments to various Boards and Commissions. Motion by Connors to receive and file the documents and retain the current membership for all boards. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported that he appreciated receiving the updated information regarding the st Trailways 1 Street depot issue. City Manager Van Milligen informed City Council that the st deadline previously given to Trailways to vacate the 1 Street facility would be extended. There being no further business, upon motion the City Council adjourned at 7:17 p.m. /s/Jeanne F. Schneider, CMC City Clerk 14