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6 1 09 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 June 1, 2009 in the Historic Federal Building. Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser; City Attorney Lindahl Absent: Mayor Roy D. Buol Pledge of Allegiance Invocation was provided by Deacon Jim Thill of Holy Spirit Pastorate PROCLAMATION Apples for Students Months (June, July and August, 2009) was accepted by Ellen rd Goodman-Miller, 421 W. 3 Street. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/28; City Council of 5/18 and 5/27; Housing Commission of 3/24; Zoning Advisory Commission of 5/6; Proofs of publication of City Council Proceedings of May 4 and 11, 2009. Upon motion the documents were received and filed. Notice of Claims/Suits: Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney recommending denial of the following claims: Larry A. Vogt for vehicle damage, Lakesha Wheeler for property damage and Garrett Waterproofing for reimbursement of towing charges. Upon motion the documents were received and filed and concurred. Fiscal Year 2009 Community Development Block Grant (CDBG) Annual Action Plan: City Manager recommending approval of an amendment to the Fiscal Year 2009 Community Development Block Grant Annual Action Plan for CDBG Recovery Funding from the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed and Resolution No.168-09 Approving the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) – Amendment 5 for Community Development Block Grant Recovery Funds was adopted. RESOLUTION NO. 168-09 RESOLUTION APPROVING THE FISCAL YEAR 2009 ANNUAL ACTION PLAN (CONSOLIDATED PLAN 2008)-AMENDMENT 5 FOR COMMUNITY DEVELOPMENT BLOCK GRANT RECOVERY FUNDS Whereas, the City of Dubuque prepared and filed a Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008); and Whereas, the City of Dubuque has received funding from the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Recovery (CDBG-R); and Whereas, HUD requires the City of Dubuque to amend the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) for the inclusion of the CDBG-R funds as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment requiring a seven day public comment period and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on May 27, 2009 following a public comment period beginning on May 15, 2009 and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) is hereby amended as per Amendment 5, hereto attached as Exhibit A. Section 2. That said Community Development Block Grant Recovery substantial amendment as per Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) - Amendment 5 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2009 (Consolidated Plan 2008) Annual Action Plan- Amendment 5 for the use of Community Development Block Grant Recovery funds as required. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Civil Service Commission: Civil Service Commission submitting the certified list for the position of Firefighter. Upon motion the document was received and filed and made a Matter of Record. May 14, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Firefighter was given January 31, 2009. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from above date. FIREFIGHTER Aaron Butikofer Mark Weitz Anthony Parks Michael Breitbach Ted Krapfl Jason Fuerstenberg Douglas Merkes Thomas Ware David Lindecker Adam Kahler Michael Kuhn Noel Spencer-Motyko Brandon Rondeau Matt Weldin Ross Dillavou Anthony Dalsing Michael Frzier Dean Gasper 2 Susanna Duggan Ryan Kieffer Benjamin Kurka Ryan Wheeler Toby Hancock T. Mitch Williams Ross Chapman Daniel Gatz Brian Suter Respectfully submitted, Dan White Jim Schilling Civil Service Commission U.S. Housing and Urban Development: Communication from Nelson Bregon, General Deputy Assistant Secretary for HUD, advising the City of funding allocations for the Community Development Block Grant Program. Upon motion the document was received and filed. Collateral Assignment of the Development Agreement – Dubuque Initiatives: City Manager recommending approval of a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives. Upon motion the documents were received and filed and Resolution No. 169-09 Consenting to a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives was adopted. RESOLUTION NO. 169-09 CONSENTING TO A COLLATERAL ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES WHEREAS, the Cit of Dubuque, Iowa ("City") and Dubuque Initiatives ("Developer") are parties to a Development Agreement dated February 17, 2009, as amended by the Amendment to Development Agreement dated April 27, 2009 (collectively, the "Development Agreement") relating to the redevelopment of the Roshek Building located generally at 700 Locust Street in the City; and WHEREAS, Section 4.8 of the Development Agreement provides that the Development Agreement cannot be assigned by the Developer prior to the completion of the Minimum Improvement described therein without the prior written consent of the City, in its sole discretion; and WHEREAS, the City and the Developer, together with other intermediary parties, intend to enter into various agreements for the purpose of obtaining new market and historic tax credits in connection with the development of the Roshek Building, pursuant to which certain loans will be made to Developer or to entities controlled by Developer by ICD VIII, L.L.C., an Iowa limited liability company, and USBCDE Sub-CDE XXXV, LLC, a Delaware limited liability company (together, the "Lenders"); and WHEREAS, as a condition to making such loans, the Lenders have asked the Developer to assign its interests in the Development Agreement to Lenders for collateral purposes; and WHEREAS, the City Council has determined to consent to such assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Pursuant to Section 4.8 of the Development Agreement, the City hereby consents to the assignment of the Development Agreement by the Developer to the Lenders as set forth in the Collateral Assignment of Development Agreement attached hereto, and the Mayor and the City Clerk be and they are hereby authorized, empowered and directed to execute, attest, seal and deliver the form of City's Consent Regarding Development Agreement attached thereto and made a part thereof for and on behalf of the City, in substantially the form and content now before this meeting, but with such changes, 3 modifications, additions or deletions therein as may be approved by such officers upon the advice of the City Attorney. Section 2. All other provisions of the Development Agreement are hereby ratified, confirmed and approved. st Passed and approved this 1 day of June, 2009. By: Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, CMC, City Clerk Neighborhood Stabilization Program (NSP): City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Neighborhood Stabilization Program (NSP). Upon motion the documents were received and filed and Resolution No. 170-09 Authorizing publication of a Notice of Intent to request release of funds for the Neighborhood Stabilization Program was adopted. RESOLUTION NO. 170-09 AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE NEIGHBORHOOD STABILIZATION PROGRAM. Whereas, the City of Dubuque will enter into a Grant Agreement with the Iowa Department of Economic Development for the Neighborhood Stabilization Program; 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 projects to be financed with Neighborhood Stabilization Program funds; 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 Notice of Intent to Request Release of Funds for the projects to be funded with Neighborhood Stabilization Program and to make the Environmental Review Record for said projects available for public inspection and comment until 5:00 p.m. on June 11, 2009. 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 each of the projects shall be placed on th file in the Office of the Housing and Community Development Department, 350 West 6 Street, Suite 312, Dubuque Iowa where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the Iowa Department of Economic Development seven (7) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. 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, insofar as the provisions of the said Act apply to the Iowa Department of Economic Development 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 personally, 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 review, decision-making and action. Section 6. That the Mayor of the City of Dubuque is and he is hereby authorized and directed to execute a Request for Release of Funds and Certification. 4 st Passed, approved and adopted this 1 day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Tanglewood Subdivision – Final Plat: City Manager recommending approval of the final plat of Tanglewood Subdivision subject to waivers and conditions. Upon motion the documents were received and filed and Resolution No. 171-09 Approving final plat of Tanglewood Subdivision in Dubuque County, Iowa, was adopted. RESOLUTION NO. 171-09 APPROVING THE FINAL PLAT OF TANGELWOOD SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Tangelwood Subdivision; and Whereas, the Final Plat of Tangelwood Subdivision provides 20 feet of frontage for Lot A, where 50 feet is required, that the maximum cul-de-sac length of 1,300 feet is waived to allow Tangelwood Drive to be 2,300 feet in length, that the private street pavement width of 26 feet is waived to allow 22 feet of paving, that Lot B is labeled as non-buildable except for construction of a subdivision identification sign; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. The Final Plat Tangelwood Subdivision provides 20 feet of frontage for Lot A, where 50 feet is required, that the maximum cul-de-sac length of 1,300 feet is waived to allow Tangelwood Drive to be 2,300 feet in length, that the private street pavement width of 26 feet is waived to allow 22 feet of paving, that Lot B is labeled as non-buildable except for construction of a subdivision identification sign; and that access to Old Davenport Road is prohibited for Lot 1. Section 3. That the Final Plat of Tangelwood Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the street improvements constructed as part of Tangelwood Subdivision until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 4. That in the event David Chapin fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. st Passed, approved and adopted this 1 day of June 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 5 thth Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: City Manager recommending award of the Locust Street Sidewalk and Traffic Signal Installation – thth 8 to 12 Street Project to McDermott Excavating in the amount of $384,925.39. Upon motion the documents were received and filed and Resolution No. 172-09 Awarding public thth improvement contract for the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project was adopted. RESOLUTION NO. 172-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOCUST STREET THTH SIDEWALK AND TRAFFIC SIGNAL PROJECT, 8 TO 12 STREET Whereas, sealed proposals have been submitted by contractors for the Locust Street thth Sidewalk and Traffic Signal Project, 8 to 12 Street (the Project) pursuant to Resolution No. 164-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa th on the 8 day of May, 2009. st Whereas, said sealed proposals were opened and read on the 21 day of May, 2009, and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $384,925.39, 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 McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Request for Proposals – Historic Millwork District Streetscape Improvements: City Manager recommending approval to issue a Request for Proposals for the Streetscape Improvements Addendum to the Millwork District Streets and Utility Improvements Project to have these projects better coordinated by using one vendor. Upon motion the documents were received, filed, and approved. Grass and Weed Cutting Assessments: City Manager recommending approval to certify grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 173-09 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 was adopted. RESOLUTION NO. 173-09 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. 6 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 st cutting charges, was filed in the office of the City Clerk on the 1 day of June, 2009, 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 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 and directed 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 Central 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 installment 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. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Vacant and Abandoned Buildings and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 174-09 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; and Resolution No. 175-09 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Section 26- 3(b)(1)h; Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. RESOLUTION NO. 174-09 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: 7 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 st the 1 day of June, 2009, 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 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 and directed 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 Central 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 installment 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. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 175-09 AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH SECTION 26- 3 (b)(1)h; SECTION 26-4.(b)(3) & SECTION 26-6.(b) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are allowed to 26-3 (b)(1)h; and WHEREAS, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and WHEREAS, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the payment of vacant and abandoned building and problem property charges: 8 NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Faith Investment Group, LLC 10-24-267-002 $ 72.00 1400 West Devon Avenue #354 N 1/2 NM 1/5 OF CITY LOT 485 Chicago IL 60660 Citifinancial, Inc. 10-26-279-013 $ 55.00 7467 New Ridge Road Suite 222 LOT 16 T S NAIRNS DUBUQUE Hanover MD 21076 Jesse J Rans 10-24-177-022 $ 50.00 125 Kayle Drive E 24' OF LOT 22 COX'S ADD Manchester IA 52057 Dick R & Connie J Howell 10-24-278-007 $150.00 1608 Washington Street S 1/2 OF LOT 111 EAST DUBUQUE ADD Dubuque IA 52001 BRP Properties LLC 10-24-403-007 $ 80.00 8505 Southern Hills Court S 20'-S 47'-W 1/2-S 2/5 OF CITY LOT 454 Dubuque IA 52003 Boulevard Estates, LC 10-26-210-003 $ 89.20 3500 Dodge Street #387 LOT 10 RECHES SUB Dubuque IA 52003 Richard A & Mary E Fondell 10-13-376-017 $469.00 2371 Jackson Street #2 LOT 2 OF N 35' OF W 170' OF LOT 227 Dubuque IA 52001 DAVIS FARM ADD Blas A Chalas 10-24-129-012 $110.00 PO Box 3181 LOT 18 TIVOLI ADD 2224-2226 FRANCIS Dubuque IA 52004 Judge Properties 10-25-207-036 $1,354.07 605 Bluff Street #132 CITY LOTS 618, 619, 620, N 7.2"-N 1'6"-N Dubuque IA 52001 64' CITY LOT 617, LOT 14 & N113'OF LOT 13 CORIELL'S DUB Maurice A Kirchberg 10-24-329-012 $4,085.00 1576 Locust Street LOT 1-15 COOLEY'S SUB Dubuque IA 52001 Joel Jackson 10-24-408-003 $165.00 2925 Muscatine Street LOT 2 OF CITY LOT 443A & S 23'6" OF Dubuque IA 52001 LOT 3 OF CITY LOT 443A Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. 9 st Passed, approved, and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 2008/2009 Snow Removal Assessments – Right of Way Obstruction Removal: City Manager recommending approval of the final assessment schedule for the 2008/2009 Snow Removal and Right-of-Way Obstruction Removal Assessment Project in the amount of $4,277. Upon motion the documents were received and filed and Resolution No. 176-09 Adopting the final Assessment Schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 176-09 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL 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 Snow Removal Assessment – Right-of-Way Obstruction Removal 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. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 10 Snow and Ice Removal Assessments: City Manager recommending certification of snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 177-09 Adopting the Schedule of Assessments for snow and ice removal 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; and Resolution No. 178-09 Authorizing the City to collect delinquent snow and ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code; Section 41.86, Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. RESOLUTION NO. 177-09 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR SNOW AND ICE REMOVAL 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 snow st and ice removal charges, was filed in the office of the City Clerk on the 1 day of June, 2009, 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 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 and directed 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 Central 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 installment 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. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 11 RESOLUTION NO. 178-09 AUTHORIZING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL CHARGES IN ACCORDANCE WITH SECTION 364.12.2.b OF THE STATE OF IOWA CODE; SECTION 41-86, SECTION 26-4.(b)(3) & SECTION 26-6.(b) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if snow and ice is allowed to accumulate; and WHEREAS, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and WHEREAS, delinquent snow and ice removal charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the payment of snow and ice removal charges: NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Dick R & Connie J Howell 10-24-278-007 $215.00 1608 Washington Street S 1/2 OF LOT 111 EAST Dubuque IA 52001 DUBUQUE ADD Advanced Business Center LLC 10-24-409-011 $455.00 13605 Anchor Cove Court S 1/2 - M 1/5 OF CITY LOT 494 Rockville MD 20850 Nathan B & Jennifer M Boyes 10-25-378-004 $ 65.00 14130 Cypress Point S 90' OF LOT 61 UNION ADD 977- Dubuque IA 52002 979 CLEVELAND AVE Blas A Chalas 10-24-129-012 $155.00 PO Box 3181 LOT 18 TIVOLI ADD 2224-2226 Dubuque IA 52004 FRANCIS Section 2. That the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of snow and ice removal charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. st Passed, approved, and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Legislative Correspondence: City Manager submitting correspondence to Senator Tom Harkin regarding the U.S. Corps of Engineers’ plan to further research the flexibility of installing hydroelectric power generation equipment on the auxiliary lock at Lock and Dam #11 in Dubuque and their partnership with Hydro Green Energy. 12 Communication from Mayor Roy Buol to Senator Tom Harkin urging support for full funding of the Energy Efficiency and Conservation Block Grant (EECBG) program and letter of support from the U.S. Conference of Mayors. Upon motion the documents were received and filed. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Tony’s Place, Yen Ching Restaurant, Hi Ho Mongolian Grill, and Bricktown Brewery, and the second offense alcohol compliance violation for The Lounge, and it is further requested that the City Council accept and approve the first offense civil penalty payment from Courtside Sports Bar & Grill, Phillips 66 (Arby’s), and AWN Stop Mart #2 when payment is received. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a second offense tobacco compliance violation for Phillips 66 (Arby’s), and AWN Stop Mart #2, and the first offense civil penalty violation for AWN Stop Mart. Upon motion the documents were received, filed, and approved. Proudly Accessible Dubuque: Communication from Katrina Wilberding advising that the Historic Federal Building is the newest Proudly Accessible Dubuque business. Upon motion the document was received and filed. Mediacom: Communication from Lee Grassley, Mediacom Senior Manager, announcing the launching of additional channels on the digital broadcast basic lineup. Upon motion the document was received and filed. Purchase of Property – 2655 Shiras Avenue: City Manager recommending acceptance of the deed to property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. Upon motion the documents were received and filed and Resolution No. 179-09 Approving the acquisition of real estate located at 2655 Shiras Avenue, Dubuque, Iowa, was adopted. RESOLUTION NO. 179-09 APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2655 SHIRAS AVENUE, DUBUQUE, IOWA WHEREAS, the City of Dubuque intends to acquire certain properties located at 2655 Shiras Avenue for the entrance to Eagle Point Park; and WHEREAS, a purchase agreement has been finalized with the owners of the property described below. 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 A of Lot 1-1-221 and Lot A of Lot 2-222 both of Julien Addition in the City of Dubuque, Iowa, at the cost of Eight Thousand Dollars ($8,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty 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 she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with 13 certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Authorized Depository Institutions: City Manager recommending approval of a depository resolution for BBVA Compass, Irving, Texas, in relation to the deposits for dog and cat licenses by PetData, Inc. Upon motion the documents were received and filed and Resolution No. 180-09 Naming Depositories was adopted. RESOLUTION NO. 180-09 RESOLUTION NAMING DEPOSITORIES Whereas,Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a financial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and Whereas,this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maximum Balance American Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 U.S. Bank Minneapolis, Minnesota $40,000,000 Dupaco Community Credit Union Dubuque, Iowa $20,000,000 Premier Bank Dubuque, Iowa $20,000,000 East Dubuque Savings Bank Dubuque, Iowa $20,000,000 Liberty Bank Des Moines, Iowa $20,000,000 State Central Bank Keokuk, Iowa $20,000,000 BBVA Compass Birmingham, Alabama $ 100,000 st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Eco-Transit TIGGER Grant Submission: City Manager recommending approval of the submission of a $3,471,086 grant application for the Federal Transit Administration’s Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) Program in partnership with ECIA’s Regional Transit Authority. Upon motion the documents were received, filed, and approved. 14 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. 181-09 Granting the issuance of one license to sell cigarettes and cigarette papers to Walgreen Company; Resolution No. 182-09 Granting the issuance of a Class “C” Beer Permit to Beecher Beverage; and Resolution No. 183-09 Granting the issuance of a Class “B” Liquor License (Hotel/Motel) to Days Inn and Spirits; a Class “C” Beer/Liquor License to L. May and Hi Ho Mongolian Grill; a Special Class “C” Liquor License to Monks Kaffee Pub; a Class “WBN” (Native Wine) to Hancock House Bed and Breakfast; and a Special Class “C” Liquor License (Four 5-Day Special Events) to Dubuque Jaycees were adopted. RESOLUTION NO. 181-09 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Walgreens Drug # 11942 Walgreen Co. 345 E. 20 th Street st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 182-09 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 “C” BEER PERMIT Beecher Co. Inc. Beecher Beverage+(Sunday Sale) 1691 Asbury Road Passed, approved and adopted this 1st day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 183-09 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. 15 CLASS “B” LIQUOR LICENSE (HOTEL/MOTEL) RonSan Enterprises, Inc. Day Inn & Spirits Bar +(Sunday/Outdoor 1111 Dodge Street Sale) CLASS “C” BEER/LIQUOR LICENSE L May, Inc. L.May (Outdoor Sale) 1072 Main Street Mai Nguyen, Inc. Hi Ho Mongolian Grill 2660 Dodge Street SPECIAL CLASS “C” LIQUOR LICENSE D Swift & R Worcester Monks Kaffee Pub+(Sunday Sale) 373 Bluff Street CLASS “B” WINE LICENSE Beecher Co., Inc. Beecher Beverage 1691 Asbury Road CLASS “WBN”( NATIVE WINE) Susan Huntley Hancock House Bed & Breakfast Inn 1105 Grove Terrace SPECIAL CLASS “C” LIQUOR LICENSE (5-DAY SPECIAL EVENT)_ Dubuque Jaycees Dubuque Jaycees (July) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees (August) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees (September) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees (October) Cable Car Square Passed, approved and adopted this 1st day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Purchase of Service Agreement – Burlington Trailways: City Manager recommending approval of a revised Purchase of Service Agreement with Burlington Trailways which extends the length of the agreement from one year to five years. Upon motion the documents were received, filed, and approved. Diverse Dubuque: A Focus on National Origin: Press release advising that the locally produced video entitled Diverse Dubuque: A Focus on National Origin has received the Iowa Motion Picture Association Award of Excellence in the Corporate and Community Marketing category at the Annual IMPA Awards Ceremony in Des Moines. Upon motion the document was received, filed, and approved. 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 Jones. Motion carried 6-0. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager recommending that a public hearing be set for June 15, 2009 to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 184-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. 16 RESOLUTION NO. 184-09 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $700,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and WHEREAS, Section 403.9 sets forth the procedural action required to be taken before said Urban Renewal Tax Increment Revenue Notes may be issued, and it is therefore necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock PM, on the 1st day of June, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes, the proceeds of which will be used to provide funds to pay 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 Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the funding of economic development grants and loans to 40 Main, LLC, an Iowa limited liability company, under the terms of a Development Agreement dated January 15, 2009 between the City of Dubuque, Iowa and 40 Main, LLC, as the same may be amended from time to time, and the funding of related reserves and payment of the costs of issuance of the Notes. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Increment Revenue Notes shall be in substantially the [provided] form: st Passed and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending initiation of the public bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 185-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. 17 RESOLUTION NO. 185-09 NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER PROJECT – PHASE II 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase II, in the estimated amount $1,515,457.67, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of June, 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 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase II is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids rd before 2:00 p.m. on the 23 day of June, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the th 6 day of July, 2009, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West – North Siegert Farm Phase III Project and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 186-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. 18 RESOLUTION NO. 186-09 DUBUQUE INDUSTRIAL CENTER WEST - NORTH SIEGERT FARM – PHASE 3 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 Dubuque Industrial Center West - North Siegert Farm Phase 3 Project, in the estimated amount of $1,073,608, 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 15 day of June, 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 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 Dubuque Industrial Center West - North Siegert Farm Phase 3 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 18 day of June, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the th 6 day of July, 2009, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager recommending initiation of the public bidding process for the National Mississippi River Museum and Aquarium River Center Project – Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 187-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. 19 RESOLUTION NO. 187-09 NATIONAL MISSISSIPPI RIVER MUSEUM AND AQUARIUM RIVERS CENTER PROJECT – PHASE II Iowa DOT No. EDP-2100 (652)--7Y-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II, in the estimated amount $6,247,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 15 day of June, 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 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 National Mississippi River Museum and Aquarium Rivers Center Project - Phase II is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 10:00 a.m. on the 2nd day of July, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 6th day of July, 2009, in the Historic Federal Building Council Chambers (second floor), 350 th West 6 Street, Dubuque, Iowa. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, 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 following Boards/Commissions: Arts and Cultural Affairs Advisory Commission: Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer; 1 at-large, 2 business/professionals of which one must live rd or work within the Cultural and Entertainment District). Applicants: Ellen Henkels, 890 W. 3 Street; Molly McDonough, 1787 Lawndale Street; Geri Shafer, 1207 Adeline Street; Julie Steffen, 2260 Coates Street; Peggy Stover, 1145 Locust Street. Ms. Henkels, Ms. Shafer, and Ms. Steffen spoke in support of their appointment. 20 Building Code Appeals Board: Three 3-year terms: 1 at-large through August 1, 2011 (term of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date). Applicants: Ryan Anglese, 2752 Carlton; Marla Cruise, 905 Rockdale Road. Mr. Anglese spoke in support of his appointment(s). Civic Center Commission: Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks). Applicants: Cynthia Fuller, 960 Prince Phillip Drive; Bryce Parks, 2005 N. Main Street Historic Preservation Commission: Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight. Applicants: Christen Happ Olson, 1090 Grove Terrace; Shayne Henry, 160 Devon Drive; th Michael Knight, 942 Mt. Pleasant Street; Mary Loney Bichell, 595 W. 11 Street; Peggy Stover, 1145 Locust Street. Ms. Olson and Ms. Stover spoke in support of their appointment. Housing Code Appeals Board: One 3-year term through January 1, 2011 (Term of Moore). Applicant: Ryan Anglese, 2752 Carlton Avenue. Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2012 (Terms rd of Lassance and Melendez). Applicants: Brad Chalmers, 1095 W. 3 Street; Paul Lassance, 4846 Embassy Court; Hiram Melendez, 1920 Shelby Street. Mr. Chalmers spoke in support of his appointment. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Darter and Stein). Applicants: Chad Darter, 2544 Matthew John Drive; Lou Oswald, 180 Nowata Street. Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term of Duggan). Applicants: Robert Blocker, 880 Kane Street; Charles Duggan, 2317 Beacon Hill Drive; Shayne Henry, 160 Devon Drive; David Schlueter, 3645 Crescent Ridge. Mr. Blocker spoke in support of his appointment. TV Cable Regulatory Commission: One 3-year term through June 30, 2012 (Term of Ellis). Applicant: Charlie Ellis, 373 S. Grandview Avenue. TV Cable Community Tele-programming Commission: Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough). Applicants: Jennifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive. Zoning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie). Applicants: Ryan Anglese, 2752 Carlton Avenue; Stephen Hardie, 62 Fremont Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Mr. Miller spoke in support of his appointment. Upon motion the rules were suspended allowing anyone present to address the City Council. PUBLIC HEARINGS thth Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Green Alley Pilot Project – Alley between Jackson thth and White Streets from 11 to 13 Streets and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 188-09 Approval of th plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (11 th – 13 between White and Jackson Streets); Resolution No. 189-09 With respect to the thth adoption of the Resolution of Necessity proposed for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets); and Resolution No. 190-09 Approving Schedule of thth Assessment and estimate of total cost for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets). Seconded by Lynch. Annette Miller of 1241 Jackson Street and 21 Doris Frost of 1240 White Street asked if this project is confirmed to begin and what the time thth line is. City Engineer Gus Psihoyos stated that area between 11 and 13 is scheduled to begin this summer and be completed at the end of August. Motion carried 6-0. RESOLUTION NO. 188-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED THTH COST FOR THE GREEN ALLEY PILOT PROJECT (11 – 13 BETWEEN WHITE & JACKSON STREETS) 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 Green thth Alley Pilot Project (11 – 13 between White & Jackson Streets), in the estimated amount $302,374.97, are hereby approved. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 189-09 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE GREEN ALLEY PILOT PROJECT (11TH – 13TH BETWEEN WHITE & JACKSON STREETS) Whereas, the City Council has proposed a Resolution of Necessity for the Green Alley Pilot thth Project (11 – 13 between White & Jackson Streets) 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. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 190-09 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THTH THE GREEN ALLEY PILOT PROJECT (11 – 13 BETWEEN WHITE & JACKSON STREETS) 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 Green thth Alley Pilot Project (11 – 13 between White & Jackson Streets) are hereby approved. st Passed, approved and adopted this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 22 Trolley Line Trail – Eagle Point Park Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Trolley Line Trail – Eagle Point Park Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 191-09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Trolley Line Trail Project. Seconded by Voetberg. Motion carried 6-0. RESOLUTION NO. 191-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE TROLLEY LINE TRAIL – EAGLE POINT PARK 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 Trolley Line Trail – Eagle Point Park Project, in the estimated amount $242,309.99, are hereby approved. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk North Fork Catfish Creek Sanitary Sewer Project – Phase I: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 192-09 Approval of plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I. Seconded by Braig. Motion carried 6-0. RESOLUTION NO. 192-09 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER IMPROVEMENTS PROJECT – PHASE I 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I, in the estimated amount $1,318,739.68, are hereby approved. st Passed, adopted and approved this 1 day of June, 2009. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Police Department Towing Contract: City Manager recommending award of the Fiscal Year 2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, Acting Police Chief Terry Tobin provided a brief history and explanation of the towing contract process. Motion carried 6-0. 23 Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions: City Manager recommending approval to amend the $40,000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of the repayment of the loan. Responding to questions from City Council, Economic Development Director Dave Heiar stated that the City’s Finance Department monitors loan payments, the firm is not currently required to provide financial statements, and the firm’s equipment is held as the loan security. Motion by Jones to table to June 15, 2009. Seconded by Resnick. Motion carried 5-1 with Lynch voting nay. Municipal Housing Agency Governing Board: City Manager recommending approval of an ordinance amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances dissolving the Municipal Housing Agency Governing Board. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 26-09 Amending City of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing Agency. Seconded by Braig. Motion carried 6-0 OFFICIAL PUBLICATION ORDINANCE NO. 26-09 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 15, COMMUNITY DEVELOPMENT, BY REPEALING SECTION 15-11 MUNICIPAL HOUSING AGENCY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances § 15-11 is hereby repealed. Section 2. This ordinance shall take effect immediately upon publication. st Passed, approved and adopted this 1day of June, 2009. /s/Joyce E. Connors, Mayor Pro-Tem Attest: /s/Jeanne Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 8 day of June, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Pet Park: Request of City Council Member Ric Jones to schedule a worksession regarding the community’s dog park. Motion by Jones to direct staff to schedule a work session to discuss future plans for a pet park and to include the Park and Recreation Commission, the Humane Society and other stakeholders. Seconded by Braig. Motion failed 3-3 with Voetberg, Connors and Lynch voting nay. COUNCIL MEMBER REPORTS Resnick reported that he had recently read that the Platteville, Wisconsin, pet park has been successful and that regional residents are hoping Dubuque will resolve its pet park issue. There being no further business, upon motion the City Council adjourned at 7:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 24